Registration of free patents and certificates of title over residential areas has been simplified by virtue of Republic Act No. 10023. Under the law, the actual occupant of an untitled residential lot for a period of at least ten (10) years and under a bona fide claim of acquisition of ownership, may file an Application for Free Patent with the proper Community Environment and Natural Resources Office.
Two phrases or terminologies spring out from the above: actual occupant and bona fide claim of acquisition of ownership. What do these terms mean?
Actual occupant
DENR Administrative Order No. 12-10 defines an actual occupant as any person who is occupying, living in, inhabiting, or staying in a residential lot. Does that mean that the applicant must have actually occupied the residential lot for at least 10 years? Not necessarily. The period with which his predecessor-in-interest has occupied the residential is included in determining whether the applicant has met the 10-year requirement.
Moreover, the law does not require continuous utilization of and presence in the subject area. The applicant may be an OFW; however, the applicant must have the intent to reside thereon.
Bona fide claim of acquisition of ownership
A bona fide claim of acquisition of ownership means that the applicant has acquired or is holding the property through any of the modes of acquisition recognized by law. This means that the acqusition may be by occupation, operation of law, donation, sale, prescription, or succession.
Since the law requires occupation of 10 years, the manner of acquiring the property must be free from bad faith or from any unconscionable or unscrupulous advantage of another.
Requirements for submission
Applicants must prepare the following requirements:
- Application form
- Copy of DENR Approved Plan
- Copy of Technical Description
- Simplified sketch
- Two Affidavits of Disinterested Persons
- Certification of No Pending Land Registration Proceedings covering the land applied for from the Regional Trial Court
To better assist you, it is suggested that you consult a lawyer before proceeding with your application.
Juris Supellectilem 