Land Titles and Deeds Reviewer 2011

Kinds of Land
Patents
Citizenship
Requirements
Age
Requirements
Land
Ownership
Requirements
Residence
Requirements
Cultivation
Requirements
Limitations Restrictions Repurchase
Homestead
Patent
Any Filipino
citizen, whether
natural-born or
naturalized
Over the age of
18 years (19 and
above) or the
head of the
family (no age
limit)
Does not own
more than 12
hectares of land
in the Philippines
or has not had
the benefit of any
gratuitous
allotment of more
than 12 hectares
of land since the
occupation of the
Philippines
Resided
continuously for
at least 1 year in
the municipality
where the land is
situated
Must have
cultivated at least
1/5 of the land
applied for
Not more than 12
hectares
The Public Land
Act prohibits the
alienation or
encumbrance of
lands acquired
EXCEPT in favor
of the
Government or
any of its
branches, units,
or institutions; or
legally
constituted
banking
corporations,
from the date of
the approval of
the application
and for a term of
5 years from and
after the date of
issuance of the
patent or grant

Free Patent Any natural-born
citizen of the
Philippines
Does not own
more than 12
hectares
None At least for 30
years prior to the
effectivity of the
amendatory Act,
has continuously
occupied and
cultivated, either
by himself or his
predecessors-in-
interest tract/s of
agricultural public
land subject of
disposition, who
shall have paid
the real taxes
thereon while the
same has not
been occupied
by any person
Note: Under the
amendatory Act,
the period for the
filing of applications
Does not own
more than 12
hectares of land

Land Titles and Deeds Reviewer 2011

for free patents
ends on
Dec.31,2000
Sales Patent
(with bidding)
Any Filipino
citizen
Over the age of
18 years (19 and
above) or the
head of the
family (no age
limit)
None None Must have
cultivated an
agricultural land
for 5 years
Not exceeding 12
hectares
None
Sales Patent
(without bidding)
Any Filipino
citizen
Over the age of
18 years (19 and
above)
Must be the
owner of the lot
Shall have
established
actual occupancy
Residential land If it does not
exceed 1,000
square meters
None
Special Patent Non-Christian
Filipinos under
Sec. 84 of the
Public Land Act


Other discussions:
Homestead Patent
- If an individual has already 10 hectares of land covered by a sales or free patent, is he allowed to still apply for another 11 hectares? No. He is not anymore allowed for it will
already exceed the 12-hectare constitutional limitation. Since he has already 10 hectares, he is only allowed to acquire an additional 2 hectares.
- Alienation, transfer or conveyance can only be allowed after 5 years after issuance of the title, or, they can also be allowed before 25 years after the issuance of the title
without the approval of the DENR Secretary. Take Note: If there is the approval of the DENR Secretary, even if it falls within the 6 to 25 years, alienation, encumbrance or
conveyance is allowed. If it is within the 5-year prohibition, even if with the approval of the DENR Secretary, prohibition applies, thus the sale is void, EXCEPT, when it
concerns the government.
1
st
prohibition within 5 years
2
nd
prohibition within 6 to 25 years
Sales Patent
- Alienation and encumbrance should take place within 5 years for the prohibition to apply.