Issuance of Free Patents to Residential Lands

The Act authorizes the issuance of Free Patent Titles for residential lands to qualified Filipino actual occupants (Section 1).
The Act provides coverage rules for residentially zoned lands, including certain townsites and areas in specified prior contexts (Section 2).
The Act directs gender-responsive implementing rules by the responsible DENR official (Section 7).

A Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title (Section 1).
In highly urbanized cities, the land limit is not exceed two hundred (200) square meters (Section 1).
In other cities, the land limit is not exceed five hundred (500) square meters (Section 1).
In first class and second class municipalities, the land limit is not exceed seven hundred fifty (750) square meters (Section 1).
In all other municipalities, the land limit is not exceed one thousand (1,000) square meters (Section 1).
The applicant must show that the land applied for is not needed for public service and/or public use (Section 1).

The Act covers all lands zoned as residential areas, including townsites as defined under the Public Land Act (Section 2).
No provision of Presidential Decree No. 705 may be violated in applying this Act (Section 2).
Lands zoned residential inside or abandoned military camp are covered (Section 2).
Residential areas within the townsites of local government units (LGUs) that preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law are covered (Section 2).

The application must be supported by a map based on an actual survey conducted by a licensed geodetic engineer (Section 3).
The survey map must be approved by the Department of Environmental Natural Resources (DENR) (Section 3).
The application must include a technical description of the land applied for (Section 3).
The application must be accompanied by a supporting affidavit of two (2) disinterested persons who are residing in the barangay where the land is located (Section 3).
The supporting affidavit must attest to the truth of facts showing that the applicant (either by himself or through his predecessor-in-interest) has actually resided on and continuously possessed and occupied the land under a bona fide claim of acquisition of ownership for at least ten (10) years (Section 3).
The affidavit must attest to compliance with the requirements in Section 1 regarding qualifications and land limitations (Section 3).

The Act allows special patents for public land actually occupied and used for public schools, municipal halls, public plazas or parks, and other government institutions for public use or purpose (Section 4).
Special patents may be issued under the name of the national agency or LGU concerned (Section 4).
Special patents for lands owned by the national agency cannot be disposed of unless sanctioned by Congress (Section 4).
Special patents for lands owned by the LGU cannot be disposed of unless sanctioned by the sanggunian through an approved ordinance (Section 4).
Special patents issue subject to private rights and notwithstanding any provision of law to the contrary (Section 4).

The restrictions on encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119, 121, 122, and 123 of Chapter XDI, Title VI of Commonwealth Act No. 141, as amended, do not apply to patents issued under this Act (Section 5).

Applications must be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR (Section 6).
The CENRO is mandated to process the application within one hundred and twenty (120) days including compliance with required notices and other legal requirements (Section 6).
After processing, the CENRO must forward the recommendation to the Provincial Environment and Natural Resources Office (PENRO) (Section 6).
The PENRO must approve or disapprove within five (5) days (Section 6).
If the PENRO approves, the patent shall be issued (Section 6).
If there are conflicting claims among different claimants, the parties may seek the proper judicial remedies (Section 6).

The Director of the Land Management Bureau of the DENR shall promulgate rules and regulations to carry out the provisions of the Act (Section 7).
The implementing rules must be gender responsive (Section 7).

All laws, decrees, executive orders, executive issuances, letters of instruction, and rules and regulations, or parts thereof, inconsistent with or contrary to the Act are repealed, amended, or modified accordingly (Section 8).
If any part of the Act is declared unconstitutional or invalid by a competent court, the remaining parts or provisions continue in full force and effect (Section 9).
The Act takes effect fifteen (15) days after its publication in two (2) national newspapers of general circulation (Section 10).