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Land Titles and Deeds Reviewer 2011

Kinds of Land Patents Homestead Patent Citizenship Requirements Any Filipino citizen, whether natural-born or naturalized Age Requirements Over the age of 18 years (19 and above) or the head of the family (no age limit) Land Ownership Requirements Does not own more than 12 hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than 12 hectares of land since the occupation of the Philippines Residence Requirements Resided continuously for at least 1 year in the municipality where the land is situated Cultivation Requirements Must have cultivated at least 1/5 of the land applied for Limitations Restrictions Repurchase

Not more than 12 hectares

The Public Land Act prohibits the alienation or encumbrance of lands acquired EXCEPT in favor of the Government or any of its branches, units, or institutions; or legally constituted banking corporations, from the date of the approval of the application and for a term of 5 years from and after the date of issuance of the patent or grant

Free Patent

Any natural-born citizen of the Philippines

Does not own more than 12 hectares

None

At least for 30 years prior to the effectivity of the amendatory Act, has continuously occupied and cultivated, either by himself or his predecessors-ininterest tract/s of agricultural public land subject of disposition, who shall have paid the real taxes thereon while the same has not been occupied by any person
Note: Under the amendatory Act, the period for the filing of applications

Does not own more than 12 hectares of land

Land Titles and Deeds Reviewer 2011


for free patents ends on Dec.31,2000

Sales Patent (with bidding)

Any Filipino citizen

Sales Patent (without bidding) Special Patent

Any Filipino citizen Non-Christian Filipinos under Sec. 84 of the Public Land Act

Over the age of 18 years (19 and above) or the head of the family (no age limit) Over the age of 18 years (19 and above)

None

None

Must have cultivated an agricultural land for 5 years

Not exceeding 12 hectares

None

Must be the owner of the lot

Shall have established actual occupancy

Residential land

If it does not exceed 1,000 square meters

None

Other discussions: Homestead Patent If an individual has already 10 hectares of land covered by a sales or free patent, is he allowed to still apply for another 11 hectares? No. He is not anymore allowed for it will already exceed the 12-hectare constitutional limitation. Since he has already 10 hectares, he is only allowed to acquire an additional 2 hectares. Alienation, transfer or conveyance can only be allowed after 5 years after issuance of the title, or, they can also be allowed before 25 years after the issuance of the title without the approval of the DENR Secretary. Take Note: If there is the approval of the DENR Secretary, even if it falls within the 6 to 25 years, alienation, encumbrance or conveyance is allowed. If it is within the 5-year prohibition, even if with the approval of the DENR Secretary, prohibition applies, thus the sale is void, EXCEPT, when it concerns the government. st 1 prohibition within 5 years nd 2 prohibition within 6 to 25 years Sales Patent Alienation and encumbrance should take place within 5 years for the prohibition to apply.