Titling of public lands

How can one acquire TITLE?

For original registration, when no title has yet been issued over a parcel of land, it
can be acquired either by:

1. Judicial proceedings - by filing petition for registration in Court.

2. Administrative proceedings - filing an appropriate application for patent (e.g.

homestead) in the Administrative body (DENR) and registration of this patent
becomes the basis for issuance of the Original Certificate of Title by the Register of
Deeds.

What are the main classification of lands as to ownership?

1. Private properties - those which are titled.

2. Public lands - those which have not been titled as well as those public dominion
or outside the commerce of man such as road, public plaza and rivers.

What are Public Lands?

All Lands that are not acquired by private person or corporation, either by grant or
purchase are public lands. The common understanding therefore, is that all lands
which have no title or not registered to private individual are public land. These are
grouped into:

1. Alienable or disposable (A & D Lands) - those that can be acquired or issued title.
Our constitution provides that only agricultural lands can be disposed of to private
citizens.

2. Non-alienable lands - includes timber or forest lands, mineral lands, national

parks. No title can be issued over any portion within this area.

What are the modes of disposition or how can one acquire title over A&D
lands? The modes are:

1. by Homestead Patent

2. by Sales Patent

3. by Lease

4. By Free Patent or Administrative legalization

What are the evidence or proof of ownership over a parcel of land?

The best evidence of ownership is the certificate of title duly issued by the Register
of Deeds concerned. However, in the absence of a title, tax declaration coupled by
actual possession and existence of improvement also substantiate claim for
ownership.

What is a TITLE?
A title refers to the legal right to own a property and the certificate of title is the
document which confers such right of ownership to an individual, association or
corporation.

How can one acquire TITLE?

For original registration, when no title has yet been issued over a parcel of land, it
can be acquired either by:

1. Judicial proceedings - by filing petition for registration in Court.

2. Administrative proceedings - filing an appropriate application for patent (e.g.

homestead) in the Administrative body (DENR) and registration of this patent
becomes the basis for issuance of the Original Certificate of Title by the Register of
Deeds.

In subsequent registration of Title, what are necessary to effect the same?

Transfer of title is effected by executing a document such as deed of sale wherein

the registered owner (seller) transfer the ownership to a buyer. The capital gains tax
and other taxes must be paid before clearance can be secured from the BIR. This
will be submitted to the Register of Deeds concerned, together with the title which
will be surrendered for issuance of a new title in the name of the buyer.

Subsequent registration of title is a function and jurisdiction of the Register of Deeds

under the LRA as the land involved is already a private property outside the
jurisdiction of the DENR.

In case the registered owner dies, how can ownership be transferred to

the heirs?

When a registered owner died without leaving a last will and testament, the heirs
can transfer the title to themselves by executing an extra-judicial settlement of the
estate, on condition that the heirs are in agreement of how to dispose the
properties. If there is conflict and heirs cannot agree, they should bring a case
before the court which will make a decision for them.

Is possession the same as ownership? Who are informal settlers??

No. Possession means actual and exclusive control of property by physical

occupation and this could be in good faith or in bad faith. On the other hand,
ownership implies the legal right of possession, control and enjoyment by the owner
who has established evidence that he owns the property.

Informal settlers are those in possession of land without the benefit of a title and
without consent of the owner. Their possession is not permanent and has no legal
basis for occupation. The possessor must strive to acquire title to the land before his
possession can become permanent.

In cases where there are conflicting claims, who shall have a better right?

In cases where both claimants have no title, there are many factors to consider like
actual possession. The one who occupies the land especially in good faith has better
right as against someone with doubtful documents or has recently acquired rights
without knowledge of the one in possession. However, all factors must be fully
evaluated to determine preferential rights.

Foreshore

Q. What are the accepted definitions for Foreshore areas?

A string of land margining a body of water, the part of a seashore between the low-
water line usually at the seaward margin of a low tide terrace and the upper limit
wave wash at high tide usually marked by a beach scarp or berm. (1998 Fisheries
Code of the Philippines)

Foreshore land is a part of the shore, which is alternately covered and uncovered by
the ebb and flow of the tide. (DAO 99-34, series 1999)

That part of the land adjacent to the sea, which is alternately covered and left dry
by the ordinary flow of the tides. (The Law on Public Land Conflicts in the Philippines
by Alfonso S. Borja)

That part of the shore, which is between high and low watermarks and alternately
covered with water and left by the flux and reflux of the tides. It is indicated by the
middle line between the highest and lowest tide. (Bouvier's Law dictionary, page
825)

Foreshore Lease Application

Q: What is a Foreshore Lease Application (FLA)?

A type of application covering foreshore lands, marshy lands and other lands
bordering bodies of water for commercial, industrial or other productive purposes
other than agriculture.

Q: Are mangrove areas/timberland covered by this type of application?

No, all mangrove areas are excluded from the coverage of this application.

Q: What is the maximum allowable area that may be leased?

Under DENR Administrative Order (DAO) No. 34, series of 1999, any person,
corporation, association or partnership may lease not more than 144 hectares.

Q: Who are eligible to apply for an FLA?

Any Filipino citizen of lawful age can apply for this application. Furthermore,
corporations, associations or partnerships with at least 60% of the capital being
owned by Filipino citizens are eligible to apply for an FLA.

Q: Where should one file a Foreshore Lease Application (FLA)?

The FLA or renewal shall be filed with the Community Environment and Natural
Resources Office (CENRO), which has jurisdiction over the area.

Q: How much does an application fee cost?

An application fee cost Php100.00 plus documentary stamp, which is non-
refundable. This is necessary for both new application and renewal.

Q: Who has the authority to collect users fee due on foreshore leases?

The DENR Field Office (PENRO/CENRO) may be authorized to collect users fee due
on leases of foreshore lands and whatever fees accruing in the usage of such areas.

Q: For how long can one lease the foreshore area (FLA term)?

The term of the Foreshore lease Contract shall be for a period of twenty-five (25)
years and renewable for another 25 years, at the option of the lessor (DENR).

Q: When should one apply for a renewal of the FLA?

Application for renewal shall be filed sixty (60) days prior to its expiration.

Q: What are the preparatory requirements for the Foreshore Lease Application?

The application shall contain particulars of the following:

1. Nature of the proposed utilization/feasibility study;

2. Nature of development or activity;

3. Location and size of the area;

4. Sketch of the area; boundaries and description of said area;

5. Other information that the DENR may require.

An application shall only be accepted if properly subscribed and sworn to by the

applicant, or in the case of juridical person, by its president, general manager or
duly authorized agent, and accompanied by the following documents.

1. If the applicant is a government employee, a written permission from the

department head or head of the agency concerned

2., If the applicant is a naturalized Filipino citizen, a copy of the following is

necessary:

3. Certificate of naturalization;

4. Certification by the Office of the Solicitor General that it has not filed or taken any
action for his denaturalization, or any action that may effect his citizenship.

5. If the applicant is a corporation, association or cooperative, 3 copies of the

following must be submitted:

6. Articles of incorporation;

7. By-Laws;

8. Minutes of the latest organizational meeting of its stockholders/general assembly,

electing the present members of the Board of Directors certified by its Secretary;
9. Minutes of the latest organizational meeting of the Board of Directors, electing
the present officers of the corporation, association, or cooperative, certified by its
Secretary;

10. Minutes of the latest organizational meeting of the Board of Directors indicating
the authority of the officer to file the application in behalf of the corporation.

If the applicant uses a name, style or trade name, 3 copies of the following must be
submitted:

1. Certificate of registration of such name, style, or trade name with the Department
of Trade and Industry (DTI) certified by the officer of the said Department;

2. Income tax return for the preceding years, if the applicant was already in
existence at the time and required to file said return.

3. Boundaries and description of said area.

4. Other information that the DENR may require.

FREE PATENT

A free patent is a mode of acquiring a parcel of alienable and disposable public land
which is suitable for agricultural purposes, thru the administrative confirmation of
imperfect and incomplete title. Agricultural public lands classified as alienable and
disposable are subject for disposition under Free Patent.

The applicant for a free patent must comply with the following qualifications:

1. He must be a natural born citizen of the Philippines.

2. He must not be the owner of more than twelve (12) hectares of land.

3. The land must have been occupied and cultivated for at least thirty (30) years
prior to April 16, 1990 by the applicant or his predecessors-in-interest and shall
have paid the real estate tax thereon.

4. A minor can apply for a free patent, provided he is duly represented by his
natural parents or legal guardian and has been occupying and cultivating the area
applied for either by himself or his predecessor-in-interest

The following are the steps leading to the approval and issuance of a free patent:

1. Filing of application;

2. Investigation;

3. Posting of notice for two (2) consecutive weeks in the provincial capitol or
municipal building and barangay hall concerned;

4. Order of approval of application and issuance of patent;

5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description
duly transcribed at the back thereof;
6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance
of the corresponding Original Certificate of Title.

The following officials of the Department of Environment and Natural Resources

(DENR) are authorized to approve applications for homestead and free patents:

1. Up to 5 hectares Provincial Environment and Natural Resources Officer (PENRO)

2. More than 5 Ha. to 10 Ha. Regional Executive Director of the DENR.

(See: http://lmb.denr.gov.ph/free.html).

HOMESTEAD PATENT

Homestead Patent is a mode of acquiring alienable and disposable lands of the

public domain for agricultural purposes conditioned upon actual cultivation and
residence.

Where should Homestead Application be filed?

A Homestead application like any other public land applications should be filed at
the DENR-Community Environment and Natural Resources Office where the land
being applied for is located.

Who are qualified to apply:

Citizens of the Philippines.

Over 18 years old or head of the family.

Not the owner of more than 12 hectares of land pursuant to the 1987 constitution

Can a married woman make a Homestead entry?

A married woman can now apply for a patent application under DAO-2002-13 dated
June 24, 2002 issued by the then Secretary of the Department of Environment and
Natural Resources Heherzon T. Alvarez. This is in accordance with Article II, Section
14 of the Constitution and Republic Act No. 7192 otherwise known as the "Women in
Development and Nation Building Act" as implemented by DAO No. 98-15 of May
27, 1998 on "Revised Guidelines on the Implementation of Gender and
Development (GAD) Activities in the DENR". This Administrative Order gives women,
equal right as men in filing, acceptance, processing and approval of public land
applications.

Legal Requirements

Application fee of P50.00;

Entry fee of P5.00;

Final fee of P5.00;

Approved plan and technical description of the land applied for;

Actual occupation and residence by the applicant;

Steps leading to the issuance of a Homestead patent

Filing of application;

Preliminary Investigation;

Approval of application;

Filing of final proof which consists of two (2) parts;

Notice of intention to make Final Proof which is posted for 30 days.

Testimony of the homesteader corroborated by two (2) witnesses mentioned in the

notice. The Final Proof is filed not earlier than 1 year after the approval of the
application but within 5 years from the said date.

Confirmatory Final Investigation;

Order of Issuance of Patent;

Preparation of patent using Judicial Form No. 67 and 67-D and the technical
description duly inscribed at the back thereof;

Transmittal of the Homestead patent to the Register of Deeds concerned.

Signing and Approving Authority For Homestead and Free Patents:

Up to 5 hectares (has.) - PENRO

More than 5 Has. to 10 Has. - RED

More than 10 Has. - DENR Secretary

MISCELLANEOUS SALES PATENT

REPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable
and disposable lands of the public domain for residential purpose.

The application to purchase the land is called the Miscellaneous Sales Application
and the corresponding patent is called the Miscellaneous Sales Patent.

Who are Qualified to Apply?

A Filipino citizen of lawful age, married; if single, applicant must be the head or
bread winner of the family;
He is not the owner of a home lot in the municipality/city where the land applied for
is located;

He must have occupied in good faith the land applied for and constructed a house
thereon where he/she and family is actually residing.

Requirements in the filing of a Miscellaneous Sales Application under R. A. No. 730

Application Filing fee of P50.00;

Approved plan and technical description of the land applied for;

Affidavit of the applicant stating that:

He is not the owner of any other home lot in the municipality/city where he resides.

He is requesting that the land be sold to him under the provision of R. A. No. 730.

If the applicant is single, he must submit an affidavit stating that he is the head or
bread winner of the family;

The land is not needed for public use.

Maximum area that may be granted to an applicant

The applicant can only be granted a maximum area of 1,000 square meters.

Presidential Decree No. 2004 dated December 30, 1985 amended Section 2 of
Republic Act 730 thus, lands acquired under this Act before and after the issuance
of patent thereon are no longer subject to any restriction.

Steps in Acquiring a Miscellaneous Sales Patent

Filing of application at the CENRO;

investigation and appraisal of the land applied for;

Survey of the land if not yet surveyed;

Investigation report whether the applicant possesses the qualification for direct
sales;

Comment and recommendation of the District/City engineer with the concurrence of

the Regional Director, Department of Public works and Highways;

Recommendation to the PENRO for approval of appraisal and request for authority
to sell without public auction;

Approval of appraisal and grant of authority to sell by the PENRO;

Posting of notice of sale without public auction for thirty (30) consecutive days in
the following places:

CENRO Bulletin board

Municipal building bulletin board

Barangay Hall bulletin board

On the land itself

Submission of the proofs of posting and payment of at least 10% of the appraised
value of the land;

Order of Award;

Proof of full payment of the purchase price of the land;

Order issuance of Miscellaneous Sales Patent in Judicial Form No. 167 with the
technical description duly inscribed at the back thereof;

Approval and signature of the Miscellaneous Sales Patent by the official concerned;

Transmittal of the Miscellaneous Sales Patent to the Register of Deeds concerned for
the issuance of the corresponding Original Certificate of the Title to the applicant.