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MISCELLANEOUS SALES

HOMESTEAD PATENT SALES PATENT


PATENT
CA 141 (Secs. 12 to 21). (Sec. 118 CA 141, as amended by RA 6516 (Secs. 22
Law/s applicable Republic Act 730
& 119) to 32)
a. Public land which is alienable and
disposable which is agricultural land
Public land which is alienable and Public land which is alienable and
b. Public agricultural lands not located
disposable which is agricultural lot disposable which may be
within 10 kilometers from the
as classified under CA 141. agricultural, commercial or
Type/s of Land boundaries of the city proper in
industrial lot as classified under
Disposed chartered cities or within 5 kms. from
CA 141
the municipal hall or town plaza of
any municipality
NOTE: When the sea moved towards the estate and the tide invaded it, the invaded property became foreshore land
and passed to the realm of the public domain.1
Maximum area that
12 hectares 1,000 square meters 12 hectares
can be granted
Mode of acquiring alienable and
Sale of alienable and disposable lands of
disposable lands of the public Sale of alienable and disposable
the public domain for agricultural purposes
domain for agricultural purposes lands of the public domain for
at public auction through sealed bidding to
Concept conditioned upon actual residential purposes
actual occupants
cultivation and residence.
There is no sale of the land as it is The applicant is entitled to buy the
There is a sale through bidding.
a free grant. land with its appraised value.
Where to file DENR-CENRO having jurisdiction over the subject property
application
1. Filipino Citizen more than 18 1. Filipino Citizen 1. Filipino of lawful age
years old OR head of the 2. Of lawful age 2. Actual occupant for at least two years
Qualifications of family 3. Married or single who is the prior to the date of the application.
applicants 2. Not owner of more than 12 head of the family 3. Must not own any parcel of land, or
has. Of land. 4. Not owner of home and lot in whose total landholding does not
the municipality or city where exceed 5 hectares.

1
Republic v. CA, G.R. No. 100709, November 14, 1997
Married women can now land being applied for is
independently apply without located
assistance of the husband pursuant 5. Must have occupied land and
to the 1987 Constitution and RA constructed a house thereon
7192, or the “Women in where he or she and his/her
Development and Nation Building family is actually residing.
Act.”

3. Must have cultivated and


improved at least one-fifth of
the land continuously since the
approval of the application and
resided for at least one year in
the municipality in which the
land is located, or in a
municipality adjacent to the
same.2 Must finally present his
final proof to the Bureau of
Lands that he has complied
with the cultivation and
residency requirements.3
4. Applicant must show actual
occupancy, cultivation and
improvement of at least one-
fifth of the land until the date
of final payment. 4
5. Within six months from and
after the date of the approval
of the application, the
applicant shall begin to work

2
Section 12 and 14, CA No. 141.
3
Section 14, Act No. 2874.
4
Section 28, CA No. 141.
the homestead, otherwise he
shall lose his prior right to the
land.5
1. Application fee – Php 50.00 1. Application fee – Php 50.00
2. Entry fee – Php 5.00 2. Approved plan and technical
3. Final fee – Php 5.00 description of land applied for
4. Approved plan and technical 3. Affidavits stating: 1. Must show actual occupation,
description of land; and 3.1.Not owner of any other cultivation, and improvement of at least
5. Actual occupation and home/lot in the 1/5 of the land until the date of the final
residence by applicant for at municipal/city where he payment.
least one year in the resides AND requesting 2. Purchaser should have cultivated not
municipality where the land is that land is being sold to less than 1/5 of the land within 5 years
situated him/her under RA 730 from date of award.
Essential
6. Must have cultivated at least 3.2.If applicant is single, the 3. Payment of full price.
Requirements
1/5 of the land applied for6. fact that he the head of the
family.
4. Land is not for public use.
It is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land
registration must prove that the DENR Secretary had approved the land classification and released the land of the
public domain as alienable and disposable, and that the land subject of the application for registration falls within the
approved area per verification through survey by the PENRO or CENRO. In addition, the applicant for land
registration must present a copy of the original classification approved by the DENR Secretary and certified as a true
copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable
and disposable.7
1. Filing of application 1. Filing of application 1. Filing of application
2. Preliminary investigation 2. Investigation and appraisal of 2. Investigation and appraisal
3. Approval of application land 3. Publication of notice of sale once a
Steps
4. Filing of final proof to be done 3. Survey (if none yet) week for 3 consecutive weeks in the
not earlier than one year from 4. Investigation report regarding Official Gazette and 2 newspapers of
time of approval of the fact that the applicant general circulation

5
Sec. 13, Act No. 2874.
6
Republic v. CA, G.R. No. 100709, November 14,1997
7
Republic v. T.A.N. Properties, Inc., G.R. No. 154953, June 26, 2008
application, but within 5 years possesses the necessary 4. Posting of notice of sale for a period
therefrom which consists of qualifications not less than thirty days in at least 3
two parts: 5. Commend and conspicuous public places in the
4.1.Notice of intention to make recommendation of the municipality where the parcel of land is
final proof to be posted for district/city engineer with the located
30 days concurrence of the Regional 5. Submission of sealed bids with
4.2.Testimony of homesteader Director and DPWH enclosed cash, certified check, treasury
and two witnesses. 6. Recommendation to the warrant or post-office money order for
5. Confirmatory investigation PENRO for approval of an amount equivalent to 10% of the bid
6. Preparation of patent using the appraisal and request for 6. Opening of bids
required form and technical authority to sell without public 6.1.Awarded to highest bidder
description inscribed at the auction 6.2.If equal bids – award to applicant
dorsal portion thereof 7. Approval of appraisal and 6.3.If bid of applicant not highest – oral
7. Transmittal of homestead grant of authority to sell by public bidding transpires and award
patent to the proper Register of PENRO to highest oral bidder
Deeds 8. Posting of notices of sale 6.4.Applicant is always given to option
8. Final hearing without public auction for 30 to equal the highest bidder
9. Signing and approving of consecutive days in 4 publicly 6.5.Bidding is deemed accepted only
authority designated places upon depositing 10% of the bid
 up to 5 hectares - PENRO 9. Submission of the proofs of price
 more than 5 hectares up to posting and payment of at least 7. Payment of fill amount
hectares - RED (Regional 10% of the appraised value of 7.1.Either lump sum or in not more
Executive Director/s) the land than 10 equal annual installments
 More than 10 hectares - 10. Order of award from date of award
DENR secretary 11. Proof of full payment of the
purchase price
12. Order of issuance of
miscellaneous sales patent
using the required form with
technical description inscribed
at the dorsal portion
13. Approval and signature of the
MSP by the official concerned
14. Transmittal of the
miscellaneous sales patent to
the proper Register of Deeds
and the corresponding issuance
of the OCT to the applicant.
NOTE: Title becomes indefeasible if title of ownership over the patented land is perfected.8
Sec. 118 (As amended by Com.
Act No. 456, approved June 8,
1939)
1. Lands acquired under free
patent or homestead
provisions shall not be
subject to encumbrance or
alienation from the date of
the approval of the NONE
application and for a term of
five years from and after the Presidential Decree No. 2004 Prohibition, within a period of 10 years
date of issuance of the patent dated December 30, 1985 from cultivation or grant, to convey or
Restrictions or grant nor shall they amended Section 2 of Republic encumber or dispose the lands or rights
become liable to the Act 730. Thus, lands acquired thereon to any person, corporation or
satisfaction of any debt under this Act before and after the association.
contracted prior to the issuance of patent thereon are no
expiration of said period; longer subject to any restriction.

No alienation, transfer, or
conveyance of any
homestead after five years
and before twenty-five years
after issuance of title shall be
valid without the approval of
the Secretary of Agriculture

8
Republic v. CA, G.R. No. 100709, November 14, 1997
and Natural Resources,
which approval shall not be
denied except on
constitutional and legal
grounds.

EXCEPTION:
Unless in favor of the Government
or any of its branches, units or
institutions, or legally constituted
banking corporations.

Sec. 121 (As amended by Com.


Act No. 615, approved May 5,
1941)
2. No corporation, association,
or partnership may acquire or
have any right, title, interest,
or property right whatsoever
to any land granted under the
free patent, homestead, or
individual sale provisions of
this Act or to any permanent
improvement on such land.

EXCEPTION:
Unless with the consent of the
grantee and the approval of the
Secretary of Agriculture and
Natural Resources, and solely for
educational, religious, or
charitable purposes or for a right
of way.
Sec. 22 (As amended by Com. Act
No. 615, approved May 5, 1941)
3.
3.a. No land originally acquired
in any manner under the
provisions of this Act, nor any
permanent improvement on such
land, shall be encumbered,
alienated or transferred.

EXCEPTION:
Persons, corporations,
association, or partnerships who
may acquire lands of the public
domain under this Act or to
corporations organized in the
Philippines authorized therefore
by their charters

3.b. No land or any portion


thereof originally acquired under
the free patent, homestead, or
individual sale provisions of this
Act, or any permanent
improvement on such land, shall
be transferred or assigned to any
individual, nor shall such land or
any permanent improvement
thereon be leased to such
individual, when the area of said
land, added to that of his own,
shall exceed one hundred and
forty-four hectares.

EXCEPTION:
Unless in cases of hereditary
successions9

5. Alienation, transfer,
conveyance after 5 years from
issuance of patent, and up to
before 25 years therefrom
NOT valid without prior
approval of SENR
5.1.SENR can only disapprove
on constitutional grounds
5.2.Right of repurchase within
5 years from alienation,
transfer or conveyance - by
applicant or heirs
5.3.If the land is mortgaged to
a rural bank under R.A.
No. 720, as amended, the
mortgagor may redeem the
property within two (2)
years from the date of
foreclosure or from the
registration of the sheriff's
certificate of sale at such
foreclosure if the property
is not covered or is
covered, respectively, by a
Torrens title. If the

9
Republic v. CA, G.R. No. 100709, November 14, 1997
mortgagor fails to exercise
such right, he or his heirs
may still repurchase the
property within five (5)
years from the expiration
of the two (2) year
redemption period pursuant
to Section 119 of the
Public Land Act (C.A. No.
141). If the land is
mortgaged to parties other
than rural banks, the
mortgagor may redeem the
property within one (1)
year from the registration
of the certificate of sale
pursuant to Act No. 3135.
If he fails to do so, he or
his heirs may repurchase
the property within five (5)
years from the expiration
of the redemption period
also pursuant to Section
119 of the Public Land
Act.10

6. Prohibition to question the


validity of the positive declaration
in the assignments of rights and
ownership. Therefore,
unrepudiated written express trusts

10
Sta. Ignacia Rural Bank, Inc., vs. CA, G.R No. 97872, March 1,1994
are imprescriptible. Otherwise,
express trust prescribes 10 years
from repudiation.11
General Rule:

AN ACTION FOR REVERSION can be filed by the government to seek to restore public land fraudulently awarded
and disposed to private individuals or corporations to the mass of public domain.12

Exception:

Where the title of an innocent purchaser for value who relied on the clean certificates of the title, it is only fair and
Remedy granted to
reasonable to apply the equitable principle of estoppel by laches against the government to avoid an injustice to
the Government in
innocent purchasers for value.13
Case of Fraudulent
The reversion of title on the ground of fraud must be initiated by the government through the Office of the Solicitor
Acquisition
General (OSG). Private persons have no right or interest over land considered public at the time the sales application
was filed. They have no personality to question the validity of the title. If that fraud was committed in obtaining the
title, it is the State, in a reversion case, which is the proper party to file the necessary action. Applicants are not real
party-in-interest and have no personality to institute such action. 14

Section 19(2) of B.P. 129 and Section 44(b) of R.A. 296, as amended, gave the RTCs
- exclusive original jurisdiction in all civil actions which involve the title to, or possession of, real property, or
any interest therein,
Jurisdiction - except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over
which is conferred upon MTC’s and MCTC’s conferred upon the city and municipal courts under R.A. 296, as
amended.

11
Heirs of Labanon et al. v. Heirs of Labanon et al. G.R. No. 160711, August 14, 2004 and De Delgado v. CA, G.R. No. 125728, August 28, 2001
12
Sec. 124, Commonwealth Act No. 141
13
Estate of the late Yujuico, et al. vs. Republic of the Philippines and CA, G.R. No. 152947, July 7,2004
14
Vicente Cawis vs. DENR Secretary, G.R. No. 170207 and Caro v. Sucaldito, G.R. No. 157536, May 1, 2005
Thus, under the present law, original jurisdiction over cases the subject matter of which involves "title to, possession
of, real property or any interest therein" under Section 19(2) of B.P. 129 is divided between the first and second level
courts, with the assessed value of the real property involved as the benchmark. This amendment was introduced to
"unclog the overloaded dockets of the RTCs which would result in the speedier administration of justice."15

15
Heirs of Valerian Concha v. Spouses Lumocso et al., G.R. No. 158121