Authorizing the Issuance of Free Patents to Residential Lands
Republic Act No. 10023, enacted on March 9, 2010, authorizes the issuance of Free Patents for residential lands to Filipino citizens who have occupied the land for at least ten years and meet specific size requirements based on the location. The Act applies to zoned residential areas, including certain military reservations and local government lands, ensuring that the land is not needed for public use. Applications must be supported by a survey and affidavits from local residents and must be processed by the Department of Environment and Natural Resources (DENR) within a specified timeframe. The Act also allows for special patents for public land used by government entities, removes certain restrictions on land dispositions, and includes provisions for implementing regulations and judicial remedies in case of conflicting claims.
March 9, 2010
REPUBLIC ACT NO. 10023
AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS
SECTION 1. Qualifications. — Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided, That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters: Provided, further, That the land applied for is not needed for public service and/or public use. DECSIT
SECTION 2. Coverage. — This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act: Provided, That none of the provisions of Presidential Decree No. 705 shall be violated.
Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.
SECTION 3. Application. — The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.
SECTION 4. Special Patents. — Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency, or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.
SECTION 5. Removal of Restrictions. — The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119, 121, 122 and 123 of Chapter XIII, Title VI of Commonwealth Act No. 141, as amended, shall not apply to patents issued under this Act. AIaDcH
SECTION 6. Period for Application. — All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENTRO) of the DENR. The CENTRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward his recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.
SECTION 7. Implementing Rules and Regulations. — The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.
SECTION 8. Repealing Clause. — All laws, decrees, executive orders, executive issuances or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.
SECTION 9. Separability Clause. — If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts or provisions thereof not affected thereby shall continue to be in full force and effect.
SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.
Approved: March 9, 2010