Application for Land Title.
Easy Steps for Free
Patent Application
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application-land-title-easy-steps-free-patent-application/
Residential lands in some rural areas have yet been registered and
issued Certificates of Title. One way of acquiring title for a residential
property is through Republic Act No. 10023 The Free Patent Act,
otherwise known as an Act Authorizing the Issuance of Free Patents
to Residential Lands.
Any person who either by herself, or himself or through his
predecessor-in-interest may apply for a free patent. The following are
the easy steps in securing title:
1. Survey
In order to properly determine the metes and bounds of the property
subject for Free Patent, a survey is necessary. This could be done by
geodetic surveyors or in some rural areas, survey may be conducted
by the Department of Agrarian Reform or the City Environment and
Natural Resources Office (CENRO).
2. Secure a Technical Description from the surveyor
After the survey, secure a copy of the technical description of the
property stating the area and its metes and bounds. This should be
submitted to DENR together with all other requirements.
3. Secure the application form for Residential Free Patent
The form may be downloaded from the internet or you may go directly
to the office of DENR or CENRO to secure the form or download from
here http://server2.denr.gov.ph/files/dmc-2010-11_125.pdf. The said
form requires the following:
1. name of the applicant;
2. address;
3. citizenship;
4. civil status;
5. age;
6. date of birth;
7. location of residential land applied for
8. lot area
9. land area
4. Get a copy of the property’s Tax Declaration
While a tax declaration is not an evidence of ownership this will make
the application speedy as this will show who has religiously been
paying for the property.
The assessor’s office may provide a certified true copy of the tax
declaration upon payment of the required fee.
5. Pay any unsettled real property tax or arrears
Any unpaid real property tax obligations must be settled otherwise the
assessor’s office may not provide the required certified true copies of
the Real Property Tax Declaration.
Paying the arrears and securing title will allow transfer of tax
declaration form to the applicant.
6. Apply for a Certification of no pending land registration
proceedings covering the land from the Regional Trial Court.
This is applied for in order to prevent forum shopping or as evidence
that no judicial application for title has been filed before the court. The
RTC, upon payment of applicable fees, should provide the same
Certification.
7. Submit the Application form together with the Technical
Description of the Property and the Sketch Plan.
The Technical Description is attached together with the Application for
Free Patent.
8. Provide 3 affidavits of uninterested persons
Qualifications are 1.) an actual resident of Barangay of the
City/Municipality where the property is located; 2.) he/she knows the
land well; 3. Not related to the applicant by affinity or consanguinity or
not interested with the land.
9. Submit Evidence of Ownership
The applicant must provide how the property was acquired.
1. If the property was acquired through sale then provide a Deed of
Sale;
2. If the property was acquired through inheritance then provide proof
that property was acquired by virtue thereof. An Extra-judicial
settlement of heirs, Deed of Partition may be submitted;
3. If through donation then provide Deed of Donation.
10. Secure affidavit from the Barangay Captain
The affidavit will state that the applicant is the occupant of the property
and that no dispute exists involving thereof.
11. Submit the application form together with the attached
documents to DENR/CENRO
Upon payment of the applicable fee (more or less P1,500) the
DENR/CENRO office will receive the application. Make sure to get a
receiving copy for future verification and follow-up.
12. Posting
The posting for application will take 15 days as part of its requirement.
13. Ocular Inspection will be done by CENRO;
14. Application form will be submitted to PENRO by CENRO
15. Application form will be submitted to the Register of Deeds
16. Await the Certificate of Free Patent
The CENRO is required to process the application, including the
publication within a non-extendible period of one hundred twenty
(120) days from the date of filing. The applicant may call the office for
follow-up and claim the certificate upon confirmation of its completion.
