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Patent Who May Apply Limitations Purpo Se/nat Ure of The Patent Effect of Land Errone Ously On Include Din The Patent. Prohibition On Alienation

This document summarizes different types of land patents in the Philippines, including their eligibility requirements, size limitations, purposes, effects of erroneous inclusion of land, and prohibitions on alienation. The key types of patents are homestead patents for conservation of family homes, free patents also for family homes but with size limits based on location, sales patents for land improvements, emancipation patents to improve lives of tenant farmers, and special patents for exclusive non-Christian use with size limits per person. All patents may be voided and land returned to the state if erroneously included. Most patents prohibit alienation for 5 years, while emancipation patents are only transferable through succession or to the government.
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© © All Rights Reserved
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0% found this document useful (0 votes)
38 views

Patent Who May Apply Limitations Purpo Se/nat Ure of The Patent Effect of Land Errone Ously On Include Din The Patent. Prohibition On Alienation

This document summarizes different types of land patents in the Philippines, including their eligibility requirements, size limitations, purposes, effects of erroneous inclusion of land, and prohibitions on alienation. The key types of patents are homestead patents for conservation of family homes, free patents also for family homes but with size limits based on location, sales patents for land improvements, emancipation patents to improve lives of tenant farmers, and special patents for exclusive non-Christian use with size limits per person. All patents may be voided and land returned to the state if erroneously included. Most patents prohibit alienation for 5 years, while emancipation patents are only transferable through succession or to the government.
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Patent

Who may
apply

Limitations

Purpo
se/Nat
ure of
the
patent

Homestead
patent

Any citizen of
the Philippines
over the age of
18 years, or the
head of a family

Should not own more


than twenty-four
hectares of land in the
Philippines or has not
had the benefit of any
gratuitous allotment of
more than twenty-four
hectares of land since
the occupation of the
Philippines by the
United States, may
enter a homestead of
not exceeding twentyfour hectares of
agricultural land of the
public domain.

For
conser
vation
of a
family
home.

Free Patent

Any Filipino
citizen who is an
actual occupant
of a residential
land may apply
for a Free Patent

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.

For
conser
vation
of a
family
home.

Effect
of land
errone
ously
on
include
d in
the
patent.
Void It
must be
returned
to the
state.

Void It
must be
returned
to the
state.

Prohibition
on
alienation

Lands
acquired
shall not be
encumbered
or alienated
within 5years
from and
after the
date of
issuance of
the patent or
grant or be
liable for the
satisfaction
of any debt
contracted
prior to the
expiration of
the period.
Lands
acquired
shall not be
encumbered
or alienated
within 5years
from and
after the
date of
issuance of
the patent or
grant or be
liable for the
satisfaction
of any debt
contracted
prior to the
expiration of
the period.

Sales Patent

Emancipatio
n
Patent

Any citizen of
lawful age of the
Philippines, and
any such citizen
not of lawful age
who is a head of
a family, and
any corporation
or association of
which at least
sixty per
centum of the
capital stock or
of any interest
in said capital
stock belongs
wholly to
citizens of the
Philippines, and
which is
organized and
constituted
under the laws
of Philippines,
and corporate
bodies
organized in the
Philippines
authorized
under their
charters to do
so
Tenant-Farmer

Should not exceed one


hundred and forty-four
hectares in the case of
an individual and one
thousand and twentyfour hectares in that of
a corporation or
association, by
proceeding as
prescribed in this
chapter: Provided, That
partnerships shall be
entitled to purchase not
to exceed one hundred
and forty-four hectares
for each member
thereof. but the total
area so purchased shall
in no case exceed the
one thousand and
twenty-four hectares
authorized in this
section for associations
and corporations.

No title to the land


owned by the tenantfarmers shall be
actually issued to a
tenant-farmer unless
and until the tenantfarmer has become a
full-fledged member of
a duly recognized
farmer's cooperative;

For
improv
ement
of a
perman
ent
charact
er.

Void It
must be
returned
to the
state.

No
prohibition

To impr
ove the
quality
of lives
of
farmwo
rkers or
tenants
throug
h great
er
product
ivity of
agricult
ural
lands.

Void It
must be
returned
to the
state.

It is not
transferable
except by
hereditary
succession or
to the
Government

Special
Patent

It is not upon
application but
upon
recommendatio
n of the
Secretary of
agriculture, the
President, may
by
proclamation,
designate any
tract or tracts of
the public
domain for the
exclusive use of
the nonChristian
Filipinos.

A tract of land not to


exceed four hectares
for each male member
over eighteen years of
age or the head of a
family.

For
educati
onal,
charita
ble or
other
similar
purpos
es.

Void- It
must be
returned
to the
state.

The land so
granted shall
in no case be
encumbered
or alienated,
except when
the public
service
requires their
being leased
or
exchanged,
with the
approval of
the
President, for
other lands
belonging to
private
parties, or if
the National
Assembly
disposes
otherwise.

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