Ensuring lands for the landless (II)-A A +A
Real Estate Updates
Monday, November 29, 2010
"FREE Patent Act on Residential Land" or Republic Act No. 10023 will fast-track the titling process with the end in view of providing security of property ownership tenure to an estimated 30 million Filipinos in the country. Last week, we discussed the qualification requirements, coverage and area limits and requirements for applications for the issuance of free patents on residential lands.
Procedures for processing applications
With Cenro (Community Environment and Natural Resources Officer)
1. The applicant files for Residential Free Patent. No application shall be accepted/ processed without submitting the complete requirements including the approved plan and technical description.
2. Cenro shall cause the posting of notices for 15 days in two (2) conspicuous places within the municipality or city. The CENRO shall issue the certificate of posting of notice after the 15 day period has lapsed.
3. The Cenro is required to process the application, including the publication, within a non-extendible period of 120 days from the date of filing of the accomplished application.
4. Upon approval, the application and the complete records of the application shall be forwarded to the Penro (Provincial Environment and Natural Resources Officer) for her or his approval and signature.
5. Should the Cenro determine the application is incomplete in requirements, she or he shall reject the application without prejudice to re-filing.
6. The land investigator shall conduct an ocular inspection on the parcel of land applied for and shall determine the qualifications of the applicant as well as verify the claims of the applicant on the land.
7. In case an opposition is filed, the 120-day period for processing shall be deemed interrupted. The Cenro shall notify the applicant on the opposition and shall subject the application to the regular claims and conflict procedures of the DENR.
8. The Cenro will fast-track the resolution of all claims and conflicts arising from residential free patent applications within 120 days and shall notify the conflicting parties within 15 days from the date of resolution.
With Penro (Provincial Environment and Natural Resources Officer)
1. Upon recommendation of the Cenro, the Penro shall have a non-extendible period of five (5) days from receipt of such recommendation to either appro e and sign the patent or disapprove the application.
2. In case of approval, the Penro shall notify the applicant within 15 days and forward the patent to the Registry of Deeds.
3. In case of disapproval, the Penro shall notify the applicant within 15 days and return the entire records to the CENRO for appropriate action.
4. The Penro may disapprove the application without prejudice to re-filing on the grounds of non-compliance with documentary requirements. He/she may disapprove an application with prejudice to re-filing on grounds of non-qualification of the applicant and when the land applied for should undergo claims and conflicts resolution procedures.
5. The disapproval of the application by the Penro may be appealed to the Secretary of the DENR through appropriate channels.
Regulations on other pending applications
While RA 10023 deals with the issuance of free patents on residential lands, it could happen that other forms of land titling may have also been availed of. This includes pending Miscellaneous Sales Applications (MSA's) within the scope of the Free Patent Law. Prior to any order of award, MSA may be converted to application for residential free patent with the consent of the applicant.
Such conversion from MSA to the scope of the Free Patent Act on Residential Lands shall be governed by these additional guidelines:
1. All MSA applications after the order of award and those applications that have commenced payments on any of the required equal annual installments shall be given option to continue with the MSA application or to convert their application into an application under RA 10023.
2. In case of application under the residential free patent law, an affidavit of relinquishment of rights to the MSA and of forfeiture of previously paid installments shall be executed.
3. The conversion of pending Miscellaneous Sales shall comply with the area limits enumerated in the Coverage and Area Limits (refer to our earlier discussions).
4. The Cenro shall issue an order canceling the miscellaneous sales application and converting the MSA to a residential free patent application.
5. Townsite Sales Applications (TSA) falling within the qualifications of RA 10023 and before the bidding has been conducted, may also be converted to residential free patent applications, under the following conditions:
a. the applicant consents to the conversion;
b. the applicant relinquishes any other type of claim through an affidavit; and
c. the conversion shall comply with the area limits under RA 10023.
The final provisions embodied in the Implementing Rules and Regulations (IRR) of the Free Patents on Residential Lands Law deals with the non-applicability of patents issued under RA 10023 to the restrictions provided under the Public Land Act (Commonwealth Act 141). This is to safeguard the legal titles acquired under this Free Residential Patent Law with that of conflicts with the old law on the acquisition of public lands.
Let us all work together to make the dream come true to a lot of Filipinos - that is for them to acquire legal title to their residential real properties. This is not only for this generation to enjoy but for the coming generations as well.
(The writer is a Certified Public Accountant and the president of the Baguio Realtors Board Inc. Apart from being a recognized Real Estate Practitioner as a Real Estate Broker and Educator, Lecturer and Resource Person. He is likewise a Business Management/ NGO /Cooperative Consultant, Project Development Consultant and Financial Advisor/Loan Broker. For comments and more information of Real Estate Updates and Studies, you may get in touch with him at No. 04 Old Forestry Compound, Baguio City 2600. Tel. Nos. 427-1971 or 426-7582/ Cell No. 0910-930-2753 or email: firstname.lastname@example.org/ email@example.com.
Published in the Sun.Star Baguio newspaper on November 30, 2010.