HOW TO APPLY FOR FREE PATENT

REPUBLIC ACT 3872- AGRICULTURAL

WHAT IS FREE PATENT?
It is mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru the administrative confirmation of imperfect or incomplete title.( Under Section 44 of Com. Act 141, as amended by Rep. Act 782, further amended by Republic Act 3872 approved June 18, 1964)

WHAT LANDS ARE SUBJECT TO DISPOSITION UNDER FREE PATENT?

Agricultural public lands classified as alienable and disposable

WHO ARE QUALIFIED TO APPLY FOR A FREE PATENT UNDER THE EXISTING LAW?
1. A Natural-born citizen of the Philippines? Those born on and before January 17,1973 of Filipino mothers who elect Philippine Citizenship upon reaching the age of majority are also deemed natural-born citizens (1987 Constitution) 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 his application with the Deparment and has continuously occupied and cultivated either by himself or his predecessor-in-interest and shall have paid the real state tax thereon ( RA 9176)

CAN A MINOR APPLY FOR A FREE PATENT?

Yes, provided he is duly represented by his natural parents or legal guardians and has been occupying and cultivating the area applied for either by himself or his predecessor-in-interest

WHERE ARE FREE PATENT APPLICATIONS FILED?

Free patent applications are filed in the DENR- Community Environment and Natural Resources Offices (CENRO) and Provincial Environment and Natural Resources Office (PENRO)

WHAT OTHER DOCUMENTS ARE NEEDED IN THE FILING OF A FREE PATENT APPLICATIONS?
1. Approved plan and technical descriptions of the land applied for 2. Joint Affidavit of two (2) disinterested persons who are residents of the municipality where the land is located in support of free patent application. 3. Documentary evidence of ownership such as donation, inheritance, etc. 4. Application fee o fifty ( 50.00 ) pesos. 5. Documentary stamp to be affixed to the application 6. Proof of payment of real estate tax.

WHAT ARE THE STEPS LEADING TO THE ISSUANCE OF FREE PATENT?

1. Filing of Application 2. Posting of notice for two(2) consecutive weeks in the provincial capitol, municipal building and barangay hall 3. Investigation 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 Registry of Deeds concerned for the issuance of the corresponding Original Certificate of Title

RESTRICTIONS ON FREE PATENT

Lands acquired under Free Patent under the provisions of the Public Land Act, cannot be encumbered or alienated within five years from and after the date of the issuance of the patent except in favor of the government or any of its branches, units or institutions, nor shall they become liable to the satisfaction of any debt contracted, prior to the expiration of said period. After the five-year period prescribed, such land held under free patent may be alienated, transferred or conveyed, without need of the approval of the Secretary of the Department of Environment and Natural Resources. ( Com.Act 141, Sec. 118)

File: HOW TO APPLY FOR FREE PATENT

Free Patent Act (RA 10023) RESIDENTIAL LANDS Implementing Rules and Regulations

/ file: Microsoft Excel RA 10023

SECTION 83, PUBLIC LAND ACT

Upon the recommendation of the Secretary of Department of Environment and Natural Resources, the President may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Republic of the Philippines or of any of its branches, or of the inhabitants thereof. . .

SECTION 14, BOOK III ADMINISTRATIVE CODE 1987

The President shall have the power to reserve for settlement or public use, or for specific public purposes, any of the lands of the public domain (or private domain), the use of which is not otherwise directed by law. . .

SECTION 4, REPUBLIC ACT NO. 10023 DATED MARCH 9, 2012

Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public 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 sanction by the

Sanggunian concerned through an approved ordinance if owned by the LGU.

SCHOOL SITES

PROCEDURE
1 All request for reservations should be filed with the DENR

ROLES OF VARIOUS DENR OFFICES CENRO

Investigation/survey Coordination with concerned offices/agencies like: Provincial Health Officer (DOH) District Engineer (DPWH

Conduct survey, if land is still unsurveyed, and prepare technical descriptions and survey plan Submit report of investigation and other pertinent papers to the Regional Office thru the PENRO

PENRO
Review pertinent papers and give comments and recommendations Verify technical descriptions and/or plan forward all pertinent papers to the Regional Technical Director for Lands/Regional Executive Director - (DENR)

RTD for Lands/RED

Evaluate and review papers and findings of CENRO Conduct/Approve survey plan and technical descriptions Prepare Completed Staff Work (CSW) report Coordinate with concerned offices (Regional Office of DPWH) DepEd, DOH,

Refer the request and pertinent papers to LMS with comment and recommendation

LMB
Technical support to the Regional Offices/Department Coordinate with DOH & DPWH (Department Proper) Validation of technical descriptions/ensure completeness of required documents Proper styling and final revision/drafting of the proclamation/special patent forward and recommend approval of draft proclamation/special patent to the DENR Secretary

DENR PROPER (SECRETARY)

Final Review and recommendation to the and issuance of proclamation President for the approval

Issue Special Patent (if lot is not titled)

REGISTRY OF DEEDS
Register Special Patent/Deed of Donation Issue of Original Certificate of Title (untitled Certificate of Title (titled lots) lots) or Transfer

BENEFITS
1. Formalize ownership of the land. 2. Give DepEd legal standing to sue in court to protect/defend its rights/interests. 3. Protect and secure tenurial rights for DepEd over the land (land becomes property of public dominion even if not actually used/occupied as school site). 4. Clarify and fix boundaries of the lot. 5. Proof of title.

CHECKLIST OF REQUIREMENTS FOR FREE PATENT APPLICATION AGRICULTURAL LAND

Name of Applicant: Application No. 0155 Lot No. Location: Region: 1 Application: Application Fee: Documentary stamp( All legal documents) Affidavit of Landholding Joint affidavit of two disinterested persons Notice of applications Posting Proof of payment of Taxes Tax declarations ( indicated classification of land ) Approved Plan or Form V-37 Investigation Report Certification from LRA/RTC Certification on the classification of the land LC No. and date Transfer of Rights,Deed of Absolute Sale/Deed of Quitclaim/ Deed of Donation or Waiver of Rights Survey Claimant TD Verification ORDER: Approval of Application and issuance of Patent A title= Acomp.= Acor.= eL = eD =

Area: _________ SQ.M.

Projection SPA (When applied by Heirs) __________________________________________________________________ Note: If Classified as A & D ag\fter April 16, 1960, not qualified under RA 6940 Team No. ( ) OK for signature of patent ( ) For compliance of requirement ( ) Return to PENRO/CENRO concerned for certification

COMMENTS/REMARKS:

FREE PATENT APPLICATION FORMS

i. AGRICULTUTAL ii. RESIDENTIAL/ RA 10023

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Provincial Environment and Natural Resources Office Dagupan City

APPLICATION FOR FREE PATENT

Local Land Office No.___________ I hereby make application for Free patent to the following described tract of agriculture public land under the provision of Chapter VII on Commonwealth Act No. 141, as amended to wit: Give as accurate description as possible showing the boundaries of land having reference to national objects appearing on the ground and permanent monuments, if any. If the Lot corresponds to a tract, give information on what plans the lot maybe identified: ______________________ 1.A parcel of land (Agricultural) situated in the sitio of __________________ Barangay __________________ Municipality/City of _____________________Province of Pangasinan, Island of Luzon, Philippines, and __ hectares ___ acres _____ areas. 2. I submit the following statement of facts to show that I am entitled to make this application. 3. My name is __________________________age______ and my postal address is ___________________,I am a natural born citizen of the Philippines. My civil status is (if married state (a) Name (b) place (c) Citizen and residence address of apouse) __________________________. And I am not the owner of more than 24 hectares of land. The following are my near relatives (state their names and relations to the applicant such as husband or wife, parents, children, brother, etc. If children give their ages) ________________________________________________________________________ 4. The land described and applied for is not claimed or occupied by other person, but is public land I entered upon and began cultivation of the same as _______________________ day the day of___________________ and since that date I have continuously cultivated the land and have made thereon the following improvement viz: ________________________________________________________________________ etc.(If applicant claims ancestors, paragraph 5,6,7. and 8 must be filed out)

5. That land described and applied for is not claimed or occupied by the other person but is public land. It was first entered upon cultivated and occupied on or about the day of______________, at the Municipality of______________ Province of Pangasinan. ]

Evidence of ownership is hereto attached and consists of ________________________________________________________________________ ____________________________________ etc. The following are the names and address of the heirs of my ancestors: NAME POST OFFICE ADDRESS ________________________________________________________________________ ________________________________________________________________________ 6. I __________________________and the (only heir/ representative of the heirs) of who is/are ___________ entitled to succeed him according to the laws of the Philippines. 7. Since the death of my said ancestors, I have cultivated said land, and improvements now on the land consisting of the following viz:____________________ 8. The land has continuously occupied and cultivated by me/us, or said ancestors, since the date of entry thereon as abovestated, except during the following named, period when the land was not occupied for the reason stated____________________ 9. The land applied for now occupied and cultivated by me/us and to the best of my knowledge, information and belief. It is otherwise unreserved and non appropriated and is non-mineral agricultural public land containing no valuable deposits of guano, coals, or salt and is more valuable agricultural than for forestry or other purposes. 10. That I am not a CARP beneficiary and equally the land applied for is neither mortgaged to any banking/financial institution nor involved in any civil administrative cases. 11. The following named witnesses will testify that the allegation on this application are true: NAME With my marital consent: ADDRESS

_____________________

____________________________

Applicant

AFFIDAVIT
REPUBLIC OF THE PHILIPPINES PROVINCE OF PANGASINAN CITY/MUNICIPALITY OF DAGUPAN ) ) :S.S. )

12. I ______________________the person making the foregoing application first been duly sworn upon my oath, depose and say; That I have read or someone reads to me: and thoroughly understand the forgoing application that I sign the same and this affidavit in the presence of the Officer who administered the oath that each and every statement in said application is true. ____________________________ Applicant 13. Before me, at the place aforesaid on this ____ of ______________________, personally appeared the applicant to me known to be the same whose name appears in the foregoing application, in my presence signed the said application and subscribed and sworn to this affidavit. ______________________________ (Officer authorized to administer Oath) (Land Investigator/Inspector)

Republic of the Philippines DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Provincial Environment and Natural Resources Office Dagupan City

NOTICE OF APPLICATION FOR FREE PATENT

Notice is hereby given that ___________________________________has filed with the CENR Office an application, under the provisions of Chapter VII of Commonwealth Act No 141, as amended, for a Free Patent to a tract of land situated in the Barangay of ____________________ Municipality of _________________________, Province of Pangasinan, Philippines, describe as follows:_____________________________________________________________________________ ____________________________________________________________________________________ Containing an area of______________________________________________ _______hectares, __________________and __________________centares. All adverse claims to the tract of land above described must be filed in the Office of the DENR-PENRO on or before the _________day of ___________________, . Any claim not so filed will be forever banned.

______________________
_____________________________________________________________________________________ REPUBLIC OF THE PHILIPPINES PROVINCE OF PANGASINAN )S.S. CITY/MUNICFIPALITY OF _________________) )

I, _____________________________________ , married to______________________ Being first duly sworn to depose and say; That he is the same person who made application for the above described land that a copy of the above notice was posted in a conspicuous place on the land applied for, on the bulletin board of the barangay the land is located and the door of the Municipal Building, on the ________day of _________________, and remained so posted until the_____day of____________________, ___________________________ Applicant SUBSCRIBED AND SWORN to before me this ______day of __________________, the affiant exhibited his/her Community Certificate No._____________issued at the Municipality of _______________________Province of _________________on____________________,. _____________________ Land Inspector/DPLI Paid Filing Fee_________ Under O.R. No._________ Dated_________________

Republic of the Philippines DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OFFICE Provincial Environment and Natural Resources Office Dagupan City, Pangasinan

Date: _________ The PENR Officer DENR,PENRO Dagupan City Thru: The Land Mgnt. Officer III Sir: I have the honor to certify that on ___________________I was on and had examined the land applied by _________________ ___married to ______________________under Free Patent Application No. 0155_______ situated in______________, Municipality of ___________, Province of Pangasinan and in conformity with Circular No. 30 reports the following:
1. That the occupation and cultivation of the applicant as far as I have been able to ascertain dated from __________ and her occupation and cultivation have been continuous, open, notorious and exclusively; 2. That the said land was first occupied and cultivated by __________________in ______ and the occupation and cultivation were continued by the applicant who occupied thereto through _________________________ from his/her_______ who was his/her immediate predecessor-in-interest. 3. That the applicant is still living/died on _________________and survived by his _____________who was his/her n/a 4. That the land is being claimed by ______whose post office address is ______________ 5. That of the ________ hectares applied for ______ ___________ are under actual cultivation none hectares are cleared but not cultivated and none hectares are still untouched. 6. That improvements on the land consist of the following : __________________ 7. That the land applied for is entirely inside alienable and disposable agricultural zone under LC Map No._______ Project No. __________ dated Nov. 21, 1927 8. That the said land has been surveyed and it corresponds as Lot NO. _15214_______ Cad. _____________, which was ______________by the Regional Trial court of _______. 9. That the applicant is not the owner of more than 12 hectares; 10. REMARKS: _____________________________________________________________ ________________________________________________________________________ 11. That I made a thorough ocular inspection of the land applied for, the sketch is reproduced herein below or attached the dimensions and area thereof and the improvement thereon. IN VIEW OF THE FOREGOING, it is respectfully recommended that the patent be now granted to the applicant. RECOMMENDING APPROVAL Very truly yours,

____________________ LMO III

________________ SLI/LMI/DPLI

SUBSCRIBED AND SWORN TO BEFORE this __day of __ ____2012 at DENR, PENRO Pangasinan the SLI/LMI/DPLI with Community Tax Certificate No. _-_________issued on _________________ at ______________. ______________ PENR Officer

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Provincial Environment and Natural Resources Office Dagupan City
F P A No. ___________ Lot No. __________ Barangay:_____________ Municipality:____________ Province:______________ Area: ________ sq.m.

Applicant: :

______________________

ORDER OF APPROVAL OF APPLICATION AND ISSUANCE OF PATENT

From the record of this case, it appears: 1. That the applicant is a natural-born citizen of the Philippines and otherwise qualified to acquire public land through free patent; 2. That the land applied for has been classified as alienable and disposable and is subject to disposition under the public law; 3. That upon investigation conducted by __DPLI _____ whose report was duly examined and reviewed by _____________ it was found out that the land applied for has been occupied and cultivated by the applicant himself and/or through his predecessors in interest since April 16, 1960 or prior thereto; 4. That the notice for the acquisition of the land by the applicant under this application has been published in accordance with law, and that no other person has prove a better right to the applied for; 5. That there is no adverse claim involving the land still pending determination in the Office; and 6. That the claim of the applicants is in all other respects, complete and there is no record in this Office for any obstacle to the issuance of the patent. WHEREFORE, the occupation and cultivation of the Land applied for as described in the caption hereof is hereby confirmed and this application is hereby in the records of this Office as Free Patent Entry No. _______. As the applicant has already complied with all the requirements of the law for the issuance of the corresponding patent to the land, it also hereby ordered that the necessary patent be prepared for the issuance in favor of the applicant.

Recommending Approval:

For and by Authority of the Secretary Department of Environment and Natural Resources Office ________________________ PENR Officer
No pending claims/conflicts as per

________________ LMO III

Copy furnished:

Records to date.____________

Republic of the Philippines Department of Environment and Natural Resources Provincial Environment and Natural Resources Office Dagupan City

APPLICATION FOR RESIDENTIAL FREE PATENT Application No._____________________________ Entry No. _________________

Name of Applicant: _______________________________________________________ Address: ________________________________________________________________ Citizenship: __________________________ Civil Status _____________________

Age: ______________ If minor, name of legal guardian __________________________ Date of Birth: __________________________ Place of Birth: _____________________ Location of residential land applied for _______________________________________ _______________________________________________________________________ Lot No.: _____________________________ Land Area: ___________________________ Pls.: ______________________ Cad.: ______________________

Applicants predecessor-in-interest (if any): ____________________________________ Date of entry by applicant or predecessor-in-interest upon the residential land applied for: (on or about) _________________________________________ I declare, under penalties of perjury, that my total land holdings are not more than 12 hectares and that this application has been made in good faith and to the best of my knowledge all information contained herein are true and correct.

___________________________________ Applicants Name and Signature SUBSCRIBED AND SWORN to before me this _____________________ day of ___________________________________.

________________________________ Officer Authorized to Administer

Oath Republic of the Philippines Department of Environment and Natural Resources PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE Dagupan City

NOTICE OF APPLICATION FOR RESIDENTIAL FREE PATENT

Notice is hereby given that Ms./Mrs./Mr,_______________ has filed with the Office of the PENR Officer an application under the provision of Republic Act No. 10023 or An Act Authorizing the Issuance of Free Patents to Residential Lands for a Residential Free Patent over a parcel of land situated in __Brgy.______________, Pangasinan particularly described as follows: Lot __________________

Containing an area of:_ ________________________________(______) SQ. M.

________LEDUINA S. CO ____ Provincial Environment and Natural Resources Officer

Republic of the Philippines Department of Environment and Natural Resources PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE Dagupan City

CERTIFICATE OF POSTING OF NOTICE OF APPLICATION FOR RESIDENTIAL FREE PATENT

This is to certify that the 15th day posting requirement for the application of _______________ for residential free patent under R.A. 10023 of covering a parcel of land identified as Lot__________________ located in __Brgy. ,Pangasinan, has been completed on ______________. Posting date:______________ to __________________ Posted at Barangay Hall, __Brgy. _________ Pangasinan and DENR-PENRO, Dagupan City.

_________ _______________________ Provincial Environment and Natural Resources Officer

PATENT PROCESSING AND ISSUANCES

REPORT ON AGRICULTURAL YEAR 2009, 2010, 2011 AND 2012 August 15
File: excel For website 2012