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Patents

The document outlines the requirements and processes for obtaining various types of land patents in the Philippines, including homestead, sales, and residential free patents. It specifies eligibility criteria, application procedures, land size limitations, and conditions for cultivation and occupancy. Additionally, it details the implications of ownership, alienation restrictions, and potential consequences for rule violations.

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ronnel laurente
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17 views1 page

Patents

The document outlines the requirements and processes for obtaining various types of land patents in the Philippines, including homestead, sales, and residential free patents. It specifies eligibility criteria, application procedures, land size limitations, and conditions for cultivation and occupancy. Additionally, it details the implications of ownership, alienation restrictions, and potential consequences for rule violations.

Uploaded by

ronnel laurente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CA 141- HOMESTEAD PATENT CA 141- SALES PATENT RA 730 - DIRECT SALE PATENT - sales patent RA 10023 - Residential Free

SALE PATENT - sales patent RA 10023 - Residential Free Patent


WITHOUT BIDDING (PRIVATE SALE)
- ANY (Natural-born/Naturalized) CITIZEN OF - ANY (No distinction) CITIZEN OF THE - ONLY NATURAL-BORN Filipino Citizen
THE PHILIPPINES PHILIPPINES - ANY Filipino Citizen (Natural/Naturalized) - must not own more than 12 ha of land
- 18 years old - 18 years old - Max area to be sold: 1000 sq.m in URBAN - Requires 10 year CONTINUOUS
- apply for lots NOT EXCEEDING 12 ha - public (hence, presupposes NO TITLE) AREAS; 2000 sq.m in RURAL AREAS OCCUPATION & POSSESSION
- must CULTIVATE or IMPROVE at least 1/5 of agricultural land not exceeding 12 ha - Direct Sale ONLY FOR: (1) ACTUAL - must be within the RESIDENTIAL ZONE
the lot since the approval of the application - acquired to sale: SEALED BIDDING OCCUPANTS (must erect a house therein) (based on the zoning ordinance of the LGU)
- RESIDED for at least 1 year in the - highest bidder is awarded, but if there is a and (2) Those who dont have any residential - limited to 200 sqm (Highly Urbanized
municipality where the lot is located or in the higher offer, the applicant is accorded a land [DAO 2009-5] Cities), 500 sqm (Other Cities), 750 sqm (1st
adjacent municipality chance to match the offer - NO REQUIREMENT FOR PERIOD OF and 2nd Class Municipalities), 1000 sqm
- payment of required fee (NO PERIOD) - full purchase price can paid within 10 years POSSESSION (not agricultural) (Other Municipalities)
- upon compliance of all those mentioned - must CULTIVATE or IMPROVE and have at - strictly for RESIDENTIAL PURPOSES only; - strictly for RESIDENCE only
above, the applicant shall be ENTITLED to a least 1/5 of the lot WITHIN 5 YEARS since the hence NO NEED FOR CULTIVATION - Must NOT BE AN OWNER OF A HOME LOT
homestead patent. approval of the application - payment of 10% downpayment upon in the municipality/city he resides.
- ENTITLED meaning, even if he is NOT YET - before patent is issued, aside from award of title - Best evidence for residency is Barangay
ISSUED the patent, which is the ministerial compliance of those mentioned above, - Balance still payable in 10 years. Certificate
duty of the officer in charge, he is considered ACTUAL OCCUPATION (erect your house) of - CAN BE ALIENATED WITHOUT
the EQUITABLE OWNER, the owner in fee at least 1/5 of the land UNTIL FINAL RESTRICTION, as amended by PD 2004, but
simple. PAYMENT. only after 1985 (no retroactivity)
- Even if the physical copy of the patent is not - Why do we need bidding: CAT - DAO 2009-5: Mass Appraisal - conducted by
yet served, the grant of thereof automatically (Competitiveness, Accountability, the Appraisal Committee, to determine the
registers the land in the Torrens System, thus Transparency) value of the property within the municipality.
the running of the 1 year period shall start - results to a OCT, after lapse of 1 year, - Filipino, Legal Age, Do not own a home in
the day after the grant of the patent. becomes Indefeasible, Incontrovertible, and the city/municipality he lives in, must occupy
- CAN BE ALIENATED, but original patentee Unassailable. in good faith, must have actual residential
or heirs thereof retain the absolute right to - CANNOT BE ALIENATED within 5 years, structure therein, wherein he resides
REPURCHASE within 5 years EXCEPT: (1) To government institutions and
- NO OCCUPANCY REQUIRED (2) with approval from the President
- After 5 years, it can be alienated.
- violation of the rules herein can lead to
CANCELLATION OF TITLE and REVERTION OF
THE LAND to the State.

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