Issuance of Free Patents to Residential Lands

Section 2(a) covers all lands zoned as residential areas, including townsites as defined under the Public Land Act.
Section 2(a) bars coverage where Presidential Decree No. 705 would be violated.
Section 2(a) expressly includes zoned residential areas inside or abandoned military camp.
Section 2(a) expressly includes zoned residential areas of LGUs or townsites that preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law.

Section 3(a) requires the application to be supported by a map based on an actual survey conducted by a licensed geodetic engineer.
Section 3(a) requires that the survey map be approved by the Department of Environmental Natural Resources (DENR).
Section 3(a) requires a technical description of the land applied for.
Section 3(a) requires an affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located.
Section 3(a) requires the two (2) disinterested persons’ affidavit to attest to the truth of the facts in the application, including 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(a) requires compliance with the requirements prescribed in Section 1.

Section 4(a) authorizes special patents even if any provision of law provides otherwise, subject to private rights, 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(a) requires that special patents be issued under the name of the national agency or LGU concerned.
Section 4(a) provides a restriction on disposition: lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency.
Section 4(a) provides a disposition restriction for LGU-owned lands: disposition requires sanction by the sanggunian concerned through an approved ordinance.

Section 5(a) removes the applicability of the restrictions regarding encumbrances, conveyances, transfers or dispositions found in Sections 118, 119, 121, 122 and 123 of Chapter XDI, Title VI of Commonwealth Act No. 141, as amended, to patents issued under this Act.

Section 6(a) requires that all applications be filed immediately after the effectivity of this Act.
Section 6(a) requires filing before the Community Environment and Natural Resources Office (CENRO) of the DENR.
Section 6(a) mandates that CENRO process the application within one hundred and twenty (120) days, including compliance with required notices and other legal requirements.
Section 6(a) requires that CENRO forward its recommendation to the Provincial Environment and Natural Resources Office (PENRO).
Section 6(a) mandates that PENRO approve or disapprove within five (5) days.
Section 6(a) provides that if PENRO approves, the patent shall be issued.
Section 6(a) directs that in case of conflicting claims among different claimants, the parties shall seek the proper judicial remedies.

Section 7(a) assigns the duty to promulgate rules and regulations to the Director of the Land Management Bureau of the DENR.
Section 7(a) requires that the rules and regulations carry out the provisions of this Act.
Section 7(a) requires that the implementing rules be gender responsive.

Section 8(a) provides that all laws, decrees, executive orders, executive issuances, letters of instruction, rules and regulations, or parts inconsistent with this Act are deemed repealed, amended or modified accordingly.
Section 9(a) contains a separability rule: if any part of this Act is declared unconstitutional or invalid by a competent court, the remaining parts continue in full force and effect.
Section 10(a) provides an effectivity rule: this Act takes effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.

Republic Act No. 10023 is titled “AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS.”
Republic Act No. 10023 is approved on MAR 09 2010.
Republic Act No. 10023 is enacted March 09, 2010.
This Act is a consolidation of House Bill No. 5618 and Senate Bill No. 3429.
The Act was finally passed by the House of Representatives and the Senate on December 18, 2009.