Law Summary
Definition of Terms
- Miscellaneous Sales: Sale of alienable and disposable residential, commercial, and industrial lands subject to bidding under Commonwealth Act 141.
- Miscellaneous Sales Under RA 730: Sale of alienable and disposable residential lands not exceeding 1,000 square meters to qualified occupants.
- Private Sale or Direct Sale: Sale of public lands to actual occupants without bidding.
- Appraisal: Process of determining land value for sale or lease.
- Mass Appraisal: Valuation of all public land in a locality for RA 730 disposition.
- Appraisal Committee: Body created to determine public land value for sale or lease.
- Systematic Adjudication or Disposition: Government-initiated process to register untitled land on a locality basis.
Coverage
- Applies to systematic adjudication and disposition of public residential lands through private sale under RA 730.
Public Notice
- DENR and LGU must issue a public notice during project preparation and prior to processing applications.
- Notice posted for 30 days at Municipal Hall, Barangay Hall, and CENRO office.
- Certification of posting by LGU and CENRO to be attached to area appraisal report.
Land Parcels that May be Acquired and Area Limitation
- Public domain lands, non-timber, non-mineral, suitable for residential purposes, not needed for public service.
- Maximum area: 1,000 square meters.
Persons Entitled to Private Sale
- Filipino citizens of legal age.
- Do not own a home lot in the city or municipality where the land is located.
- Must occupy the land in good faith, have constructed a house thereon, and reside therein.
Certification from Local Planning and Development Office
- DENR must secure LGU Planning and Development Office's certification before systematic adjudication.
- Certification confirms lands are not needed for public improvements and are used residentially.
- LGU land use, zoning, and road improvement plans considered.
Appraisal and Authority to Sell
- An Appraisal Committee created by the Regional Executive Director composed of CENRO/Land Management Officer, Local Assessor, and Local Planning Officer.
- Area Appraisal mandated to cover municipality/city, barangay, or smaller units for efficiency.
- Appraisal factors:
- Assessed value from local assessor's office.
- Government cadastral/survey costs.
- Administrative/budget cost of titling.
- Socio-economic data of the area.
- Capacity to pay considered to make prices affordable, but appraisal not lower than government-incurred costs.
- Appraisal Committee submits report to Regional Executive Director including costs and authority to sell request.
- Regional Executive Director approves appraisal and authorizes sale.
- Individual lot cost computed by area times appraised price per square meter, no further approval needed if within mass appraisal area.
Filing and Processing of Applications
- Applications filed and processed at CENRO/PENRO, LGU, or designated offices.
Notice Before Sale Issuance
- Notice of private sale posted for 30 days on the land, Barangay Hall, Municipal/City Hall, and CENRO.
- Certification of posting by LGU and CENRO Land Investigator required.
Payment of Purchase Price and Issuance of Patent
- 10% down payment required before award issuance.
- Balance payable in full or up to ten (10) equal annual installments.
- Overdue installments bear 4% interest per annum.
- Patent issued upon full payment.
Authority to Issue Patent
- PENRO authorized to sign patents for residential lands disposed under RA 730.
Resolution of Conflicts
- Conflicts arising under this Order resolved following existing rules and procedures.
Repealing Clause
- All inconsistent prior orders, circulars, memoranda, and issuances are repealed or amended accordingly.
Effectivity
- Order takes effect 15 days after publication in a newspaper of general circulation and acknowledgement by the ONAR.