Dispensing with Patent Clearance as Prerequisite to the Issuance of Decree of Registration

October 7, 1991

LRA CIRCULAR NO. 36

It has been observed that issuance of final decrees of registration in ordinary and cadastral land registration cases is considerably delayed due to the requirement of submitting certifications from the Community Environment and Natural Resources Office (CENRO) and Land Management Bureau (LMB), Central Office, that the land applied for is or is not covered by a land patent. The patent clearance is no longer necessary in view of NALTDRA Circular No. 91 dated November 27, 1986, reiterating Department of Justice Circular No. 36 dated April 10, 1969, that partly reads:

"In order to forestall, if not to entirely eliminate, duplication of land titles, Judges of First Instance and Municipal Judges who have been delegated to hear cadastral and ordinary land registration cases pursuant to Section 88 of Republic Act No. 296, as amended, are hereby directed:

(a) To furnish the Bureau of Lands and the Land Registration Commission with a list of the lots being applied for in ordinary or cadastral cases;

(b) To require the Bureau of Lands to submit a report, on or before the date of hearing, indicating which of the lots listed have already been issued patent by the Bureau or is the object of a pending application for the issuance of a patent;

(3) To enjoin the Bureau of Lands from issuing patents to lots subject of pending land registration or cadastral proceedings until the question as to actual ownership is threshed out by the proper courts; and

(4) To require the Land Registration Commission (now, National Land Titles and Deeds Registration Administration, Banawe Street, Quezon City) to submit a report on or before the date of hearing, indicating which of the lots listed have already been issued titles by the Commission or are the subject of pending decree."

Henceforth, effective immediately, it is directed that the requiring of patent clearance as a prerequisite to the issuance of the final decree of registration is hereby discontinued.

This Circular amends NALTDRA Circular No. 99 dated April 30, 1987, re: Revised rules on the examination of application for land registration.

Strict compliance herewith is enjoined.

(SGD.) TEODORO G. BONIFACIOAdministrator