Law Summary
Scope and Coverage of the Act
- Covers all lands zoned as residential areas, including townsites as defined under the Public Land Act.
- Must comply with the provisions of Presidential Decree No. 705.
- Includes zoned residential areas in or within abandoned military camps and those in local government units or townsites preceding the National Integrated Protected Areas System Law.
Application Requirements and Procedures
- Application supported by a map based on survey by a licensed geodetic engineer approved by the DENR.
- Technical description of the land must be included.
- Affidavits from two disinterested residents of the barangay attesting the applicant's actual residence and continuous possession for at least ten years under bona fide claim of ownership.
- Compliance with land size and other qualification requirements.
Special Patents for Public Use Properties
- Public lands used for public schools, municipal halls, public plazas or parks, and other government institutions for public use may be issued special patents.
- Titles issued in the name of the national agency or local government unit concerned.
- Disposal of such lands requires prior sanction by Congress if national agency-owned or by the sanggunian via ordinance if LGU-owned.
Removal of Restrictions on Free Patents
- Restrictions on encumbrances, conveyances, transfers, or dispositions under specific sections of Commonwealth Act No. 141 do not apply to patents issued under this Act.
Filing and Processing Period
- Applications to be filed immediately after the Act’s effectivity at DENR’s Community Environment and Natural Resources Office (CENRO).
- CENRO must process applications within 120 days, ensuring compliance with notice and other legal requirements.
- Recommendations forwarded to Provincial Environment and Natural Resources Office (PENRO), which has five days to approve or disapprove.
- Upon approval, patent is issued.
- Conflicting claims may be resolved through judicial remedies.
Implementing Rules and Regulations
- The Director of the Land Management Bureau of DENR shall promulgate the necessary implementing rules and regulations.
- Such rules shall be gender responsive.
Repealing Clause
- Any laws, decrees, executive orders, and rules inconsistent with this Act are repealed, amended, or modified accordingly.
Separability Clause
- If any part of the Act is declared unconstitutional or invalid, the remaining provisions shall continue in full force and effect.
Effectivity
- The Act takes effect fifteen days after its publication in two national newspapers of general circulation.