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TITLING OF LANDS HOW TO APPLY
TITLING OF LANDS:
For purposes o
f legal research of foreign readers visiting this
blog, on the subject of the legal system involving the titling of public lands
in the Philippines, may I share some basic readings thereon as published in the
website of the Department of Environment and Natural Resources (www.lmb.denr.gov.ph).
I have also added below a link of the source where a relevant 1999 Supreme
Court decision on the same subject matter can be read.
Frequently Asked Questions:
How can one acquire TITLE?
For original registration, when no title has yet been issued
over a parcel
of land, it can be acquired either by:
1. Judicial proceedings - by filing petition for registration in
Court.
2. Administrative proceedings - filing an appropriate
application for
patent (e.g. homestead) in the Administrative body (DENR) and
registration of this patent becomes the basis for issuance of
the
Original Certificate of Title by the Register of Deeds.
What are the main classification of lands as to ownership?
1. Private properties - those which are titled.
2. Public lands - those which have not been titled as
well as those public dominion or outside the commerce
of man such as road, public plaza and rivers.
What are Public Lands?
All Lands that are not acquired by private person or
corporation, either by grant or purchase are public lands. The common
understanding therefore, is that all lands which have no title or not
registered to private individual are public land. These are
grouped into:
1. Alienable or disposable (A & D Lands) - those that can be
acquired or issued title. Our constitution provides that only agricultural
lands can be disposed of to private citizens.
2. Non-alienable lands - includes timber or forest lands,
mineral lands, national parks. No title can be issued over any portion within
this area.
What are the modes of disposition or how can one acquire title
over A&D lands? The modes are:
1. by Homestead Patent
2. by Sales Patent
3. by Lease
4. By Free Patent or Administrative legalization
What are the evidence or proof of ownership over a parcel of
land?
The best evidence of ownership is the certificate of title duly
issued by the Register of Deeds concerned. However, in the absence of a title,
tax
declaration coupled by actual possession and existence of
improvement also substantiate claim for ownership.
What is a TITLE?
A title refers to the legal right to own a property and the
certificate of title is the document which confers such right of ownership to
an individual, association or corporation.
How can one acquire TITLE?
For original registration, when no title has yet been issued
over a parcel of land, it can be acquired either by:
1. Judicial proceedings - by filing petition for registration in
Court.
2. Administrative proceedings - filing an appropriate
application for patent (e.g. homestead) in the Administrative body (DENR) and
registration of this patent becomes the basis for issuance of the Original
Certificate of Title by the Register of Deeds.
In subsequent registration of Title, what are necessary to
effect the same?
Transfer of title is effected by executing a document such as
deed of sale wherein the registered owner (seller) transfer the ownership to a
buyer. The capital gains tax and other taxes must be paid before clearance can
be secured from the BIR. This will be submitted to the Register of Deeds
concerned, together with the title which will be surrendered for issuance of a
new title in the name of the buyer.
Subsequent registration of title is a function and jurisdiction
of the Register of Deeds under the LRA as the land involved is already a
private property outside the jurisdiction of the DENR.
In case the registered owner dies, how can ownership be
transferred to the heirs?
When a registered owner died without leaving a last will and
testament, the heirs can transfer the title to themselves by executing an
extra-judicial settlement of the estate, on condition that the heirs are in
agreement of how to
dispose the properties. If there is conflict and heirs can not
agree, they should
bring a case before the court which will make a decision for
them.
Is possession the same as ownership? Who are informal settlers??
No. Possession means actual and exclusive control of property by
physical occupation and this could be in good faith or in bad faith. On the
other hand, ownership implies the legal right of possession, control and
enjoyment by the owner who has established evidence that he owns the property.
Informal settlers are those in possession of land without the
benefit of a title and without consent of the owner. Their possession is not
permanent and has no legal basis for occupation. The possessor must strive to
acquire title to the land before his possession can become permanent.
In cases where there are conflicting claims, who shall have a
better right?
In cases where both claimants have no title, there are many
factors to consider
like actual possession. The one who occupies the land especially
in good faith has
better right as against someone with doubtful documents or has
recently acquired
rights without knowledge of the one in possession. However, all
factors must be
fully evaluated to determine preferential rights....
FREE PATENT
A free patent is a mode of acquiring a parcel of alienable and
disposable public land which is suitable for agricultural purposes, thru the
administrative confirmation of imperfect and incomplete title. Agricultural
public lands classified as alienable and disposable are subject for disposition
under Free Patent.
The applicant for a free patent must comply with the following
qualifications:
1. He must be a natural born citizen of the Philippines.
2. He must not be the owner of more than twelve (12) hectares of
land.
3. The land must have been occupied and cultivated for at least
thirty (30) years prior to April 16, 1990 by the applicant or his
predecessors-in-interest and shall have paid the real estate tax thereon.
4. A minor can apply for a free patent, provided he is duly
represented by his natural parents or legal guardian and has been occupying and
cultivating the area applied for either by himself or his
predecessor-in-interest
The following are the steps leading to the approval and issuance
of a free patent:
1. Filing of application;
2. Investigation;
3. Posting of notice for two (2) consecutive weeks in the
provincial capitol or municipal building and barangay hall concerned;
4. Order of approval of application and issuance of patent;
5. Preparation of Patent in Judicial Form 54 and 54-D and the
technical description duly transcribed at the back thereof;
6. Transmittal of the Free Patent to the Register of Deeds
concerned for the issuance of the corresponding Original Certificate of Title.
The following officials of the Department of Environment and
Natural Resources (DENR) are authorized to approve applications for homestead
and free patents:
1. Up to 5 hectares – Provincial Environment and Natural
Resources Officer (PENRO)
2. More than 5 Ha. to 10 Ha. – Regional Executive Director of
the DENR.
Sa mga nagbabalak magpatitulo ng lupa, lalo na sa mga agricultural lands, basahin nyo po ito bago kayo maloko! Mahaba-haba ito pero pagtyagaan nyo ng basahin dahil ito naman ay makakatulong sa inyo.
Singkwenta pesos (PhP 50.00) lang ang bayad ng application fee ng pagpapatitulo ng lupa sa DENR. ( Reference: Caraga New DENR Regional Director, Charlie E. Fabre)
Or
Package: PhP 185.00 - including the application fee, stamp & clearance.
Binabayaran at pinapasahod ng gobyerno ang surveyor! Bakit humihingi ng 10,000 or 20,000+
This is the information that the people needs to know!
Read this blog below of Atty. Laserna. Though this is quite long but it's worth reading it.