Free patent (land title); when and how

issued; requisites - G.R. No. 189647

G.R. No. 189647

"x x x.

A Free Patent may be issued where the applicant is a natural-born citizen

of the Philippines; is not the owner of more than twelve (12) hectares of land; has
continuously occupied and cultivated, either by himself or through his
predecessors-in-interest, a tract or tracts of agricultural public land subject to
disposition, for at least 30 years prior to the effectivity of Republic Act No. 6940;
and has paid the real taxes thereon while the same has not been occupied by any
person.[19]
Once a patent is registered and the corresponding certificate of title is
issued, the land covered thereby ceases to be part of public domain and becomes
private property, and the Torrens Title issued pursuant to the patent becomes
indefeasible upon the expiration of one year from the date of such
issuance.[20] However, a title emanating from a free patent which was secured
through fraud does not become indefeasible, precisely because the patent from
whence the title sprung is itself void and of no effect whatsoever.[21]
On this point, our ruling in Republic v. Heirs of Felipe Alejaga, Sr.[22] is
instructive:
True, once a patent is registered and the corresponding certificate of title [is]
issued, the land covered by them ceases to be part of the public domain and
becomes private property. Further, the Torrens Title issued pursuant to the
patent becomes indefeasible a year after the issuance of the latter. However, this
indefeasibility of a title does not attach to titles secured by fraud and
misrepresentation. Well-settled is the doctrine that the registration of a patent
under the Torrens System does not by itself vest title; it merely confirms the
registrant’s already existing one. Verily, registration under the Torrens System
is not a mode of acquiring ownership.[23] (citations omitted)

Sec. 48, C.A. 141, Public Land Act; Sec. 14, PD 1529; RA
9176 fixes deadline for judicial confirmation of imperfect title
to Dec. 31, 2020.

HEIRS OF MARIO MALABANAN vs. REPUBLIC OF

THE PHILIPPINES, G.R. No. 179987, April 29, 2009
“x x x.

II.

First, we discuss Section 14(1) of the Property Registration Decree. For

a full understanding of the provision, reference has to be made to the
Public Land Act.

A.

Commonwealth Act No. 141, also known as the Public Land Act,
has, since its enactment, governed the classification and disposition of
lands of the public domain. The President is authorized, from time to
time, to classify the lands of the public domain into alienable and
disposable, timber, or mineral lands.[20] Alienable and disposable lands
of the public domain are further classified according to their uses into
(a) agricultural; (b) residential, commercial, industrial, or for similar
productive purposes; (c) educational, charitable, or other similar
purposes; or (d) reservations for town sites and for public and quasi-
public uses.[21]

May a private person validly seek the registration in his/her name

of alienable and disposable lands of the public domain? Section 11 of
the Public Land Act acknowledges that public lands suitable for
agricultural purposes may be disposed of by confirmation of imperfect
or incomplete titles through judicial legalization.[22] Section 48(b) of
the Public Land Act, as amended by P.D. No. 1073, supplies the details
and unmistakably grants that right, subject to the requisites stated
therein:

Sec. 48. The following described citizens of the Philippines, occupying lands of the public domain or
claiming to own any such land or an interest therein, but whose titles have not been perfected or completed, may
apply to the Court of First Instance of the province where the land is located for confirmation of their claims and
the issuance of a certificate of title therefor, under the Land Registration Act, to wit:

xxx

(b) Those who by themselves or through their predecessors in interest have been in open, continuous,
exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain, under
a bona fide claim of acquisition of ownership, since June 12, 1945, or earlier, immediately preceding the filing of
the application for confirmation of title except when prevented by war or force majeure. These shall be
conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled
to a certificate of title under the provisions of this chapter.

Section 48(b) of Com. Act No. 141 received its present wording in
1977 when the law was amended by P.D. No. 1073. Two significant
amendments were introduced by P.D. No. 1073. First, the term
agricultural lands was changed to alienable and disposable lands of the
public domain. The OSG submits that this amendment restricted the
scope of the lands that may be registered.[23] This is not actually the
case. Under Section 9 of the Public Land Act, agricultural lands are a
mere subset of lands of the public domain alienable or open to
disposition. Evidently, alienable and disposable lands of the public
domain are a larger class than only agricultural lands.

Second, the length of the requisite possession was changed from

possession for thirty (30) years immediately preceding the filing of the
application to possession since June 12, 1945 or earlier. The Court
in Naguit explained:

When the Public Land Act was first promulgated in 1936, the period of possession deemed necessary to
vest the right to register their title to agricultural lands of the public domain commenced from July 26, 1894.
However, this period was amended by R.A. No. 1942, which provided that the bona fide claim of ownership must
have been for at least thirty (30) years. Then in 1977, Section 48(b) of the Public Land Act was again amended,
this time by P.D. No. 1073, which pegged the reckoning date at June 12, 1945. xxx

It bears further observation that Section 48(b) of Com. Act No, 141 is
virtually the same as Section 14(1) of the Property Registration Decree.
Said Decree codified the various laws relative to the registration of
property, including lands of the public domain. It is Section 14(1) that
 operationalizes the registration of such lands of the public domain. The
provision reads:

SECTION 14. Who may apply. The following persons may file in the proper Court of First Instance an
application for registration of title to land, whether personally or through their duly authorized representatives:

(1) those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and disposable lands of the public domain under a bona
fide claim of ownership since June 12, 1945, or earlier.

Notwithstanding the passage of the Property Registration Decree

and the inclusion of Section 14(1) therein, the Public Land Act has
remained in effect. Both laws commonly refer to persons or their
predecessors-in-interest who have been in open, continuous, exclusive
and notorious possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier. That circumstance may have led to the
impression that one or the other is a redundancy, or that Section 48(b)
of the Public Land Act has somehow been repealed or mooted. That is
not the case.

The opening clauses of Section 48 of the Public Land Act and

Section 14 of the Property Registration Decree warrant comparison:

Sec. 48 [of the Public Land Act]. The following described citizens of the Philippines, occupying lands
of the public domain or claiming to own any such land or an interest therein, but whose titles have not been
perfected or completed, may apply to the Court of First Instance of the province where the land is located for
confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to
wit:

xxx

Sec. 14 [of the Property Registration Decree]. Who may apply. The following persons may file in the
proper Court of First Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:

xxx

It is clear that Section 48 of the Public Land Act is more

descriptive of the nature of the right enjoyed by the possessor than
Section 14 of the Property Registration Decree, which seems to
presume the pre-existence of the right, rather than establishing the right
itself for the first time. It is proper to assert that it is the Public Land
Act, as amended by P.D. No. 1073 effective 25 January 1977, that has
primarily established the right of a Filipino citizen who has been in
open, continuous, exclusive, and notorious possession and occupation
of alienable and disposable lands of the public domain, under a bona
fide claim of acquisition of ownership, since June 12, 1945 to perfect
or complete his title by applying with the proper court for the
confirmation of his ownership claim and the issuance of the
corresponding certificate of title.

Section 48 can be viewed in conjunction with the afore-quoted

Section 11 of the Public Land Act, which provides that public lands
suitable for agricultural purposes may be disposed of by confirmation
of imperfect or incomplete titles, and given the notion that both
provisions declare that it is indeed the Public Land Act that primarily
establishes the substantive ownership of the possessor who has been in
possession of the property since 12 June 1945. In turn, Section 14(a) of
the Property Registration Decree recognizes the substantive right
granted under Section 48(b) of the Public Land Act, as well provides
the corresponding original registration procedure for the judicial
confirmation of an imperfect or incomplete title.

There is another limitation to the right granted under Section 48(b).

Section 47 of the Public Land Act limits the period within which one
may exercise the right to seek registration under Section 48. The
provision has been amended several times, most recently by Rep. Act
No. 9176 in 2002. It currently reads thus:

Section 47. The persons specified in the next following section are hereby granted time, not to extend
beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall
apply only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several
periods of time designated by the President in accordance with Section Forty-Five of this Act shall apply also to
 the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any
said persons from acting under this Chapter at any time prior to the period fixed by the President. [24]

Accordingly under the current state of the law, the substantive right
granted under Section 48(b) may be availed of only until 31 December
2020.

X x x.”

Residential lands in some rural areas have yet been registered and issued Certificates
of Title. One way of acquiring title for a residential property is through Republic Act No.
10023 The Free Patent Act, otherwise known as an Act Authorizing the Issuance of
Free Patents to Residential Lands.

Any person who either by herself, or himself or through his predecessor-in-interest may
apply for a free patent. The following are the easy steps in securing title:

1. Survey

In order to properly determine the metes and bounds of the property subject for Free
Patent, a survey is necessary. This could be done by geodetic surveyors or in some
rural areas, survey may be conducted by the Department of Agrarian Reform or the City
Environment and Natural Resources Office (CENRO).

2. Secure a Technical Description from the surveyor

After the survey, secure a copy of the technical description of the property stating the
area and its metes and bounds. This should be submitted to DENR together with all
other requirements.

3. Secure the application form for Residential Free Patent

The form may be downloaded from the internet or you may go directly to the office of
DENR or CENRO to secure the form or download from
here http://server2.denr.gov.ph/files/dmc-2010-11_125.pdf. The said form requires the
following:

1. name of the applicant;

2. address;
3. citizenship;
4. civil status;
5. age;
6. date of birth;
7. location of residential land applied for
8. lot area
9. land area
 4. Get a copy of the property’s Tax Declaration

While a tax declaration is not an evidence of ownership this will make the application
speedy as this will show who has religiously been paying for the property.

The assessor’s office may provide a certified true copy of the tax declaration upon
payment of the required fee.

5. Pay any unsettled real property tax or arrears

Any unpaid real property tax obligations must be settled otherwise the assessor’s office
may not provide the required certified true copies of the Real Property Tax Declaration.

Paying the arrears and securing title will allow transfer of tax declaration form to the
applicant.

6. Apply for a Certification of no pending land registration proceedings covering the

land from the Regional Trial Court.

This is applied for in order to prevent forum shopping or as evidence that no judicial
application for title has been filed before the court. The RTC, upon payment of
applicable fees, should provide the same Certification.

7. Submit the Application form together with the Technical Description of the
Property and the Sketch Plan.

The Technical Description is attached together with the Application for Free Patent.

8. Provide 3 affidavits of uninterested persons

Qualifications are 1.) an actual resident of Barangay of the City/Municipality where the
property is located; 2.) he/she knows the land well; 3. Not related to the applicant by
affinity or consanguinity or not interested with the land.

9. Submit Evidence of Ownership

The applicant must provide how the property was acquired.

1. If the property was acquired through sale then provide a Deed of Sale;
2. If the property was acquired through inheritance then provide proof that property was
acquired by virtue thereof. An Extra-judicial settlement of heirs, Deed of
Partition may be submitted;
3. If through donation then provide Deed of Donation.

10. Secure affidavit from the Barangay Captain

The affidavit will state that the applicant is the occupant of the property and that no
dispute exists involving thereof.

11. Submit the application form together with the attached documents to
DENR/CENRO
 Upon payment of the applicable fee (more or less P1,500) the DENR/CENRO office will
receive the application. Make sure to get a receiving copy for future verification and
follow-up.

12. Posting
The posting for application will take 15 days as part of its requirement.

13. Ocular Inspection will be done by CENRO;

14. Application form will be submitted to PENRO by CENRO

15. Application form will be submitted to the Register of Deeds

16. Await the Certificate of Free Patent

The CENRO is required to process the application, including the publication within a
non-extendible period of one hundred twenty (120) days from the date of filing. The
applicant may call the office for follow-up and claim the certificate upon confirmation of
its completion.