Land Patents

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Area limit for

emancipation
patents

5 hectares if not irrigated & 3 hectares if

irrigated

Area limit of a free

patent

12 hectares

Area limit of a
special patent

12 hectares

Deadline of the
period for filing of
applications for
free patents

December 31, 2000

14.

Exception to
alienation or
encumberance of
lands acquired
under free patent

1. If in favor of government or banks

and
2. From date of approval of application
& for a term of 5 years from and after
date of issuance of the patent or grant

15.

Exception to the #
of homestead
patent allowed

When the person has resided

continuously for at least 1 year in the
municipality where the land is situated
and must have cultivated at least 1/5 of
the land applied for

16.

Ground for action

for reconveyance

Where patent and COT were acquired in

breach of constructive or implied trust

Ground for
cancellation suit

If land covered by patent was a private

land

Kinds of public
land patents

homestead patent, free patent, sales

patent and special patents

Mode of right to
repurchase

May be expressed in any form or

manner

Number of
homestead patent
allowed per
person

Prohibited Acts on
Lands Titled
Pursuant to
Patents

1. Alienation or Encumberance of lands

acquired under free patent or homestead
patent
2. Alienation, transfer, or conveyance
of any homestead after 5 years and
before 25 years after issuance of title
w/o approval of DENR secretary
3. Taking of properties for satisfaction
of debts

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Qualifications for
a free patent

1. Any natural born citizen

2. Who since July 4, 1926 or prior
thereto, for at least 30 years prior to the
effectivity of RA 6490, has continuously
occupied & cultivated... a tract or tracts
of land subject to disposition, or
3. Who shall have paid the real estate
tax while it has not been occupied yet

Qualifications to
be a grantee of a
homestead patent

1. Citizen of the Philippines

2. Over 18 or head of the family
3. Who does not own more than 12
hectares of land in the Philippines
4. Has not had the benefit of any
gratuitous allotment of more than 12
hectares since the occupation of the
Philippines by the United States

Requisites for an
Emancipation
Patent

Tenant-farmer paid total cost of land, in

15 years of 15 equal annual
amortization
Became a full-fledged member of a duly
recognized farmer's coop

Restriction on the
Patent

Not to be transferable except by

hereditary succession or to the
government

The right to
repurchase the
land conveyed
must be practiced
by the ownervendor in:

5 years from date of conveyance, not

from the date of registration in the office
of RD

Rules on
subsequent
dealings

If not tenanted - must be accompanied

by an affidavit that it isn't tenanted
If tenanted - affidavit that it is not
primarily devoted to the production of
rice and/or corn
If portion of land is devoted to rice
and/or corn and tenanted - no
instrument shall be registered

Special Patents
may be granted to:

Non-Christian Filipinos, as long as

they have advanced sufficiently in
civilization.

What are the

available actions
against improper,
illegal issuance of
patents?

Reversion, Cancellation, Reconveyance

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What are the grounds for

reversion?

Violations of Sections 118-123 of Public Land Act

When Land Patented & Titled is Not Capable of Registration
Failure of the Grantee to Comply with Conditions Imposed by Law
When Land is Acquired in Violation of the Constitution

What is Republic Act 730?

Permits the sale without public auction of public lands for residential purposes to any Filipino
citizen of legal age; an exception that sale should be by bidding

What lands are covered by a sales

patent?

1. Public Agricultural Land of not more than 12 hectares

2. Agricultural lands suitable for residential, commercial or industrial purposes

Who has right to repurchase?

Only the vendor when still living. Upon death, his widow or legal heirs.

Who initiates the investigation to

institute a reversion suit?

Director of Lands or at least with his prior authority & consent

Who institutes action for

reversion?

Solicitor General

Who may be a grantee of a Sales

patent?

1. Any citizen of lawful age, or

2. Any citizen not of lawful age who is head of a family
3. Private corporations or associations are not qualified