Republic Act No. 10023 – An Act Authorizing the Issuance of Free Patents to Residential Land

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The following is the full text of Republic Act No. 10023, otherwise known as an Act Authorizing the Issuance of Free Patents to Residential Lands or The Free Patent Act. Republic Act 10023 was signed into law by President Gloria Macapagal-Arroyo last March 9, 2010. For more information about this newly enacted law and its salient features, please read this related story: Free Patent Act (RA 10023) signed into law. Read the full text of RA 10023 after the jump.

H. No. 5618
S. No. 3429

Republic of the Philippines

Congress of the Philippines

Metro Manila

Fourteenth Congress

Third Regular Session

________________________

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Qualifications. – Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided, 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.

Sec. 2. Coverage. – This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be violated.

Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

Sec. 3. Application. – The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.

Sec. 4. Special Patents. – Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

Sec. 5. Removal of Restrictions. – The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents issued under this Act.

Sec. 6. Period for Application. – All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.

Sec. 7. Implementing Rules and Regulations. – The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.

Sec. 8. Repealing Clause. – All laws, decrees, executive order, executive issuance’s or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Sec. 9. Separability Clause. – If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts of this Act shall be thereby shall continue to be in full force and effect.

Sec. 10. Effectivity Clause. – This Act shall take effect fifteen days (15) after its publication in two (2) national newspapers of general education.

Approved,

(Sgd.) JUAN PONCE ENRILE         (Sgd.) PROSPERO C. NOGRALES
President of the Senate                              Speaker of the House
-                                                                  of Representatives

This Act which is a consolidation of House Bill No. 5618 and Senate Bill No. 3429 was finally passed by the House of Representatives and Senate on December 18, 2009.

(Sgd.) EMMA LIRIO-REYES           (Sgd.) MARILYN B. BARUA-YAP
Secretary of Senate                                   Secretary General
-                                                                  House of Represenatives

Approved: March 9, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

P. Star -  Mar. 19, 2010

Click here if you want to download a PDF copy of Republic Act No.  10023

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Source: Philippine Star, March 19, 2010

Free Patent Act Implementing Rules and Regulations

As you can see, no timetable was given in the full text of the Free Patent Act above as to the release of the R.A. 10023 implementing rules and regulations or IRR. I shall be on the lookout for the Free Patent Act IRR and will also post it here once it becomes available.

To our financial freedom!

Jay Castillo

Real Estate Investor
Real Estate Broker License #: 20056
Blog: http://www.foreclosurephilippines.com
Follow me in twitter:http://twitter.com/jay_castillo
Become a Fan in Facebook:Foreclosure Philippines fan page
Text by Jay Castillo. Copyright © 2010 All rights reserved.

PS. If you are an OFW who will be here in Manila, Philippines on March 28, 2010, reserve your seats NOW for the free Secrets of Wealth seminar for OFW’s by calling Joy: +63927-5707599, or Will: +63917-8580064/(632) 9645512. Remember, this is a free seminar so seats will definitely run out fast, and there are only 100 seats available. Act now and learn the secrets of wealth from Trace Trajano! Click here for more information about the free Secrets of Wealth seminar for OFW’s.

PPS. If you have a friend or loved one who is an OFW or who knows an OFW, please do them a favor and invite them to the free Secrets of Wealth seminar for OFW’s by Trace Trajano. The first 5 who refer at least 3 OFW’s that confirm and attend the seminar will get a free 1-hour consultation from me where you can ask me anything about investing in foreclosed properties (more about this in a later post). Just leave a comment below if you are interested or have any questions. Thanks!

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About Jay Castillo

Jay is the founder of Foreclosurephilippines.com where he shares real estate investing tips and foreclosed property listings. He quit his job as an I.T. Manager to focus on Real Estate Investing and Internet Marketing. He is a PRC licensed Real Estate Broker (REB License # 3194)... [Read more]

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  • doralyn delos santos

    Ang barangay plaza po namin ay mayroong tax declaration na ang may ari ay Rp.ilang taon na po ina angkin ng simbahang aglipay na sakanila daw po ito. Ang sabi kasi nila na ayon daw sa akta,halos lahat nang naka bili ng lupa noon aynga aglipay kaya ang ginawang plaza doon nakatayo ang sibahan at ang malawak na lote na ngayon tinayuan ng barangay hall,health center, daycare center, talipapa iyondaw ay ibigay a barangay,ang bakante na natira ay sakanila na.hindi n pwede ang barangay nag patayo ng kahit ano. Ayon sa dating opisyal ng barangay ang na basa nilang kasunduan ay binigyan lang daw ng karapatan ang aglipay na makapatayo ng simbahan at walang sino ang makapag paalis sa kanila. Nang nakaraang buwan nag karoon ng libreng pagsukat ang denr para sa libreng titulo.Maari pobang hatiin ng barangay at aglipayan ang plaza?

  • lorena maranan

    hi po may tanong lang po ako…kami po ay 17 yrs. ng nakatira sa may east side ng brgy.commonwealth Q.C hindi po kami bigyan ng aprubal ng ngc namin para sa patent dahil di daw po kami qualified dahil renter ang nakalagay sa aming qualification stub …kahit mahigit na sampung taon na po kaming di umuupa.ang renter po ba ay pwedeng mag avail ng free patent?may hangganan po ba ang absent of homeowner?ilan taon po ?kailangan ko po ng agaran nyong tulong…maraming salamat po…God Bless you po…

  • zosimo arizala

    kami po ang nkatira sa halos 1000 sq. meter na lupa , meaning kmi un actual occupant at nadevelop npo nmin nsa 20 yrs na un tanim na mga prutas. kaso po me iba pong nag apply un karatig ng lupa nmin valid po ba to gayong di sya un actual occupant?

  • http://yahoo.com des

    hi
    meron po akong land pre-patent and i have my title now,nasa name po yun ng mother ko before but tinransfer nya po s akin before she died at ako n po ang nag apply for title.ask ko lng po if pwedi ko bang ma i-loan ang lupa sa bank?

  • Sharmela M. Sebastian

    I bought 200 square meters subdivided residential lot area located in one of the barangay of General Santos City. The mother title of the lot is legitimate…..can i avail the free patent residential land? thank you….

  • blinky

    correction the lot beside us is the one without a title yet but the lot beside it has a title and has townsite in it…thank you

  • blinky

    we have been here for he past 50 or so years. it was residential and changed o low density commercial but we have a title with the word townsite. is this included in the free patent law? and what is the free patent law? we can acquire …for free??

  • merlyn tabuco

    1. Matagal na po kaming nagbabayad ng Tax , kaya lang hindi kami nakatira sa lugar na aming ipinagbabayad, may tao na nakatira at lola nila ang may ari ng cadastro, may karapatan po ba kami na mapatituluhan ang nasabing lupa or pasok po ba sa pre-patent or act 100023?

    2. May nabili po akung lupa 15 yrs ago at dito nakatira kami at ipinagbabayad namin ng tax, kaya lang iba ang nakapangalan sa cadastro ng DENR , pwede po ba na mapatituluhan ito?

  • Fred Tagros

    Hi,
    can you notify or forward to me thru my email ad (tagros_realty@hotmail.com) if the IRR of that RA 10023 has already been released by the office of the DENR Director.
    Thanks…..Fred Tagros

  • http://allan.alcantara@hotmail.com Allan T. Alcantara

    Hi Jay,

    Happy Easter.

    I have a question again. My wife had a lot located in somewhere in Palawan. A patent had already been issued several years back but third parties had been occupying it for many years also. Can those people apply for a patent. Recently , we visited the place and tell them to vacate the place, but refused.

    thanks

    Allan

  • http://www.investingpinoy.blogspot.com Bryan Uy

    Hi Jay,

    Thanks for the post!:)
    .-= Bryan Uy´s last blog ..Good News for Land Owners Without Land Titles! GMA Inks Land Titling Law! =-.

  • http://allan.alcantara@hotmail.com Allan T. Alcantara

    I have a 54 sq. meters . lot in commonwealth Qc. We had been paying the monthly amortization at the NGC, a government agency.
    Title has not been transfer to us. can we apply for a patent?

    • http://www.foreclosurephilippines.com Jay Castillo

      Hi Allan, in your case, the property is already registered and has a title. the Free Patent Act does not cover your land. Thanks for the inquiry!

      • http://www.multi-linegroup.com REY ANGELES

        On RA 10023, what is to prevent a squatter from titling in his name someone else’s residential lot which the squatter has been occupying for 10 years or more?

        Thanks.

        REY ANGELES

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