Patent

Who may apply

(Qualifications)

Homeste -Any Filipino citizen;

ad
-18 years old and
above or the head
of a family,
-does not own more
than 24 hectares of
land in the
Philippines
-not had the benefit
of any gratuitous
allotment of more
than 24 hectares of
land since the
occupation of the
Philippines by the
United States.
-for the land applied
for, at least 1/5 of it
should be improved
or cultivated for not
less than one or
more five years,

Limitati
ons

Effect of land
erroneously
included in the
patent
24
1. To provide home Lands must be
hectares for each Filipino
returned to the State,
of
citizen, where
not re-conveyed to a
agricult family may shelter
private person through
ural
and live beyond the a private quitclaim.
land of
reach of financial
The transferee must
the
misfortune
himself comply with
public
2. To inculcate in
the requirements for a
domain. individuals those
grant.
feelings of
(this is
independence
under
which are essential
Sec 12, to the maintenance
CA141) of free institutions.

But
under
the
constitu
tion,
Sec3,Art

Purpose/nature
of patent

Prohibition on
alienation

Any encumbrance or
alienation of lands
acquired from the
date of the approval
of application and for
a term of five years
from and after the
date of issuance of
the patent or grant is
prohibited. No
alienation, transfer,
or conveyance of any
homestead after five
years and before 25
years after issuance
of title shall be valid
without the approval
of the Secretary of
Agriculture and
Natural Resources.

from and after the

date of approval of
the application.
-the applicant must
also pay the
required fee

Free

Any natural-born

XII
Citizen
s of the
Philippin
es may
lease
not
more
than
500
hectares
, or
acquire
not
more
than 12
hectares
thereof
by
purchas
e,
homest
ead or
patent
Land

1.To preserve and keep

A certificate of title

Lands acquired under

patent

Filipino citizen; not

not to in the family of the
the owner of more
exceed homesteader that portion
of public land which the
than 12 hectares;
12
who for at least 30
hectares State has given to him so
he may have a place to
years prior to
live with his family and
effectivity of the
become a happy citizen
amendatory Act (RA
and a useful member of
No. 6840), has
the society.
continuously
occupied and
2.The conservation of a
cultivated, either by
family home
himself or through
his predecessors-ininterest a tract or
tracts of agricultural
public lands subject
to disposition; who
has paid the real
estate taxes thereon
while the same has
not been occupied
by any person.

issued on the basis of

a free patent procured
thru fraud or in
violation of the law
may be cancelled
since the title is not
cloaked with
indefeasibility.
A title emanating from
a free patent which
was secured through
fraud does not become
indefeasible because
the patent from
whence the title
sprung is itself void
and of no effect
whatsoever.
A free patent that was
fraudulently acquired,
and the certificate of
title issued pursuant to
the same, may only be
assailed by the

Free patent shall not

be encumbered or
alienated within five
years from the date
of issuance of the
patent or be liable for
the satisfaction of
any debt contracted
prior to the expiration
of the period.
The prohibition applies
regardless of whether the
sale is voluntary or
involuntary, whether the
debt is contracted before
the five-year prohibitory
period

government in an
action for reversion.
Only the government,
through the OSG, upon
recommendation of
the Dir. of Lands, may
bring an action
assailing a certificate
of title issued pursuant
to a fraudulently
acquired free patent.
Exception: A private
individual (injured)
may bring an action
for reconveyance even
if the title thereof was
issued through a free
patent only to show
that the person who
secured the
registration of the
questioned property is
not the real owner
thereof.

Sales
patents

Any citizen of lawful

age of the Philippine
Islands or of the
United States, and
any such citizen not
of lawful age who is
head of a family,
Any corporation or
association of which
at least sixty-one
per centum of the
capital stock or of
any interest in said
capital stock
belongs wholly to
citizens of the
Philippine Islands or
of the United States
or of any State
thereof
Authorized person
to transact business
in the Philippine
Islands,
Corporate bodies
organized in the

public
For educational,
agricult charitable, or other
ural
similar purposes
land not
to
exceed
12
hectares

Any contract or
Except in favor of the
agreement made or
Government or any of
executed in violation of its branches, units, or
this section shall be
institutions lands
void ab initio.
acquired under the
provisions of this Act
shall not be subject to
encumbrance or
alienation before the
patent is issued and
for a term of ten
years from the date
of the issuance of
such patent, nor shall
they become liable to
the satisfaction of
any debt contracted
prior to the expiration
of said period. No
transfer or alienation
made after the said
period of ten years
and within fifteen
years from the
issuance of such
patent except those

Philippine Islands
authorized under
their charters to do
so,

Emancip
ation
patents

tenant farmers of
private agricultural
lands primarily
devoted to rice and
corn under a system
of sharecrop or

made by virtue of the

right of succession
shall be valid unless
when duly authorized
by the Secretary of
Agriculture and
Natural Resources
and the transferee or
vendee is a Filipino
citizen. Every
conveyance made
shall be subject to
repurchase by the
original purchaser or
his legal heirs within
a period of five years
from the date of
conveyance.
The
tenant
farmer,
whether
in land
classifie

For agricultural
purposes

No title to the land

owned by the tenantfarmers under this
Decree shall be
actually issued to a
tenant-farmer unless

Title to land acquired

pursuant to this
Decree or the Land
Reform Program of
the Government shall
not be transferable

lease-tenancy,
whether classified
as landed estate or
not

d as
landed
estate
or not,
shall be
deemed
owner
of a
portion
constitu
ting a
familysize
farm of
five (5)
hectares
if not
irrigated
and
three
(3)
hectares
if
irrigated
;
In all

and until the tenantfarmer has become a

full-fledged member of
a duly recognized
farmer's cooperative;

except by hereditary
succession or to the
Government in
accordance with the
provisions of this
Decree, the Code of
Agrarian Reforms and
other existing laws
and regulations

cases,
the
landown
er may
retain
an area
of not
more
than
seven
(7)
hectares
if such
landown
er is
cultivati
ng such
area or
will now
cultivate
it;
Special
patents

1. Republic of the
Philippines, its
agencies, branches
and

For
highly
urbanize
d cities,

Educational
purpose.
Charitable or other
similar purpose run

In fraud, the Bona fide

claim of acquisition of
ownership should be
established by

In payment of
compensation for
landed estates
acquired by the

instrumentalities;
and 2. Local
Government Units
(LGUs) such as
provinces, cities and
municipalities.

the area
shall not
exceed
two
hundred
(200)
square
meters.
For
other
cities,
the area
shall not
exceed
five
hundred
(500)
square
meters.
For first
class
and
second
class
municip
alities,

or administered by
the government or
any of its branches
nor
instrumentalities;
Public Cemetery,
municipal halls,
public plazas or
parks and other
government
institutions for
public use or public
purpose; and other
similar public
purposes that may
be identified.

convincing evidence
claim for the parcel
subject of the
application that is
legally adequate as
proof of possession
and as acceptable to
the community to
separate that
particular parcel as
being owned by the
applicant to the
exclusion of others.

Government, whether
thru voluntary
agreement or thru
expropriation
proceedings, the
President of the
Philippines may
convey in behalf of
the Republic, with the
written consent of the
owner of land, in total
or partial payment of
such compensation,
such public land as is
It means that the
disposable by sale or
applicant holds the
lease to private
properly by virtue of or individuals in
through any of the
accordance with law
modes of acquisition
and such other
recognized by the Civil similarly disposable
Code. It also refers to a property pertaining to
state of mind which is
the Republic of the
manifested by the acts Philippines.
of the applicant, done
with honest intention
to abstain from taking

the area
shall not
exceed
seven
hundred
fifty
(750)
square
meters.
For all
other
municip
alities,
the area
shall not
exceed
one
thousan
d (1000)
square
meters.

an unconscionable or
unscrupulous
advantage or another.
However, it is the It is
the opposite for fraud.