Rules for free patents to residential lands

Filipino Citizen: Inclusive of those under the 1987 Constitution, naturalized citizens, and dual citizens under RA 9225.
Actual Occupant: Person living on the residential land or structure, including those employed elsewhere but maintaining residence.
Residential Lands: Lands zoned residential by LGUs, including mixed-use areas.
Alienable and Disposable Lands: Agricultural public domain lands eligible for title acquisition.
Townsite Reservations: Proclaimed areas reserved for new towns under the Public Land Act.
Classification of Local Government Units (LGUs): Definitions of highly urbanized cities, first and second class municipalities based on income and population.
Public Service and Public Use: Land utilization by government for essential services and public open structures.
Other important terms: Disinterested person, predecessor-in-interest, actual residence, continuous possession and occupation, bona fide claim of ownership, CENRO, PENRO.

Must be a Filipino citizen as defined.
Actual occupation, residence, and continuous possession for at least 10 years under a bona fide claim of ownership.
No age limit; minors may apply through guardians.
Heirs may substitute applicants.
No landholding exceeding 12 hectares in total including agricultural lands.

Applicable to residential lands zoned by LGUs and not earmarked for public service or use.
Area limits vary by LGU classification:
- Highly urbanized cities: max 200 square meters
- Other cities: max 500 square meters
- First and second class municipalities: max 750 square meters
- Other municipalities: max 1,000 square meters
LGU zoning and certifications at application time govern eligibility.

Approved plan from a licensed geodetic engineer or cadastral map.
Technical description of the land parcel.
Simplified sketch showing parcel boundaries and landmarks.
Affidavit from two disinterested persons attesting to residence and possession.
Certification from Regional Trial Court confirming no pending land registration case for isolated applications.

Applications filed with CENRO in jurisdiction of the land parcel.
Complete submissions required before acceptance; preliminary compliance check allowed.
Posting of notices for 15 days in conspicuous local places.
120-day non-extendible processing period starting from acceptance.
CENRO conducts ocular inspection verifying qualifications and claims.
Opposition interrupts the 120-day period and triggers claims/conflict resolution procedures.
Alternative dispute resolution encouraged for conflicts.
Establishment of computerized database for monitoring applications and patents.

PENRO has 5 days to approve or disapprove application upon CENRO recommendation.
Upon approval, patent forwarded to Registry of Deeds and applicant notified within 15 days.
Disapproval may be with or without prejudice, based on compliance or qualification issues.
PENRO disapproval may be appealed to DENR Secretary.

Pending miscellaneous sales applications may convert to residential free patent applications with applicant consent.
Conversion complies with area limits and requires relinquishment of prior claims.
Townsite sales applications prior to bidding may also convert.

Restrictions under Commonwealth Act No. 141 (CA 141) related to alienation, encumbrance, transfer, repurchase rights, and corporate acquisition do not apply to patents issued under RA 10023.

Orders, circulars, memoranda conflicting with these rules are repealed or amended accordingly.

The rules take effect 15 days after publication in a newspaper of general circulation and acknowledgment by the National Administrative Register.