HOW TO APPLY FOR FREE PATENT

REPUBLIC ACT 3872- AGRICULTURAL

WHAT IS FREE PATENT?

It is mode of acquiring a parcel of alienable and disposable public land which is

suitable for agricultural purposes, thru the administrative confirmation of imperfect or
incomplete title.( Under Section 44 of Com. Act 141, as amended by Rep. Act 782, further
amended by Republic Act 3872 approved June 18, 1964)

WHAT LANDS ARE SUBJECT TO DISPOSITION UNDER FREE

PATENT?
Agricultural public lands classified as alienable and disposable

WHO ARE QUALIFIED TO APPLY FOR A FREE PATENT UNDER

THE EXISTING LAW?
1. A Natural-born citizen of the Philippines?

Those born on and before January 17,1973 of Filipino mothers who elect
Philippine Citizenship upon reaching the age of majority are also deemed
natural-born citizens (1987 Constitution)

2. He must not be the owner of more than twelve (12) hectares of land.

3. The land must have been occupied and cultivated for at least thirty (30) years
prior to his application with the Deparment and has continuously occupied
and cultivated either by himself or his predecessor-in-interest and shall have
paid the real state tax thereon ( RA 9176)

CAN A MINOR APPLY FOR A FREE PATENT?

Yes, provided he is duly represented by his natural parents or legal guardians and
has been occupying and cultivating the area applied for either by himself or his
predecessor-in-interest

WHERE ARE FREE PATENT APPLICATIONS FILED?

Free patent applications are filed in the DENR- Community Environment and
Natural Resources Offices (CENRO) and Provincial Environment and Natural Resources
Office (PENRO)
WHAT OTHER DOCUMENTS ARE NEEDED IN THE FILING OF A
FREE PATENT APPLICATIONS?
1. Approved plan and technical descriptions of the land applied for
2. Joint Affidavit of two (2) disinterested persons who are residents of the
municipality where the land is located in support of free patent application.
3. Documentary evidence of ownership such as donation, inheritance, etc.
4. Application fee o fifty ( 50.00 ) pesos.
5. Documentary stamp to be affixed to the application
6. Proof of payment of real estate tax.

WHAT ARE THE STEPS LEADING TO THE ISSUANCE OF FREE

PATENT?
1. Filing of Application
2. Posting of notice for two(2) consecutive weeks in the provincial capitol,
municipal building and barangay hall
3. Investigation
4. Order of Approval of Application and Issuance of Patent
5. Preparation of patent in Judicial form 54 and 54-D and the technical
description duly transcribed at the back thereof.
6. Transmittal of the Free Patent to the Registry of Deeds concerned for the
issuance of the corresponding Original Certificate of Title

RESTRICTIONS ON FREE PATENT

Lands acquired under Free Patent under the provisions of the Public Land Act,
cannot be encumbered or alienated within five years from and after the date of the
issuance of the patent except in favor of the government or any of its branches, units or
institutions, nor shall they become liable to the satisfaction of any debt contracted, prior
to the expiration of said period. After the five-year period prescribed, such land held
under free patent may be alienated, transferred or conveyed, without need of the
approval of the Secretary of the Department of Environment and Natural Resources.
( Com.Act 141, Sec. 118)

File: HOW TO APPLY FOR FREE PATENT

Free Patent Act (RA 10023)
RESIDENTIAL LANDS
Implementing Rules and Regulations

/ file: Microsoft Excel

RA 10023
SECTION 83, PUBLIC LAND ACT
Upon the recommendation of the Secretary of Department of Environment
and Natural Resources, the President may designate by proclamation any
tract or tracts of land of the public domain as reservations for the use of
the Republic of the Philippines or of any of its branches, or of the
inhabitants thereof. . .

SECTION 14, BOOK III

ADMINISTRATIVE CODE 1987

The President shall have the power to reserve for settlement or public
use, or for specific public purposes, any of the lands of the public
domain (or private domain), the use of which is not otherwise directed
by law. . .

SECTION 4, REPUBLIC ACT NO. 10023

DATED MARCH 9, 2012

Notwithstanding any provision of law to the contrary and subject to private rights, if
any, public land actually occupied and used for public used for public schools,
municipal halls, public plazas or parks and other government institutions for public
use or purpose may be issued special patents under the name of the national agency or
LGU concerned. Provided, that all lands titled under this section shall not be disposed
of unless sanctioned by Congress if owned by the national agency or sanction by the
Sanggunian concerned through an approved ordinance if owned by the LGU.

SCHOOL SITES

PROCEDURE
1 All request for reservations should be filed with the DENR

ROLES OF VARIOUS DENR OFFICES

CENRO
Investigation/survey

Coordination with concerned offices/agencies like:

- Provincial Health Officer (DOH)

- District Engineer (DPWH

Conduct survey, if land is still unsurveyed, and prepare technical descriptions and
survey plan

Submit report of investigation and other pertinent papers to the Regional Office
thru the PENRO
 PENRO
- Review pertinent papers and give comments and recommendations

- Verify technical descriptions and/or plan

- forward all pertinent papers to the Regional Technical Director for

Lands/Regional Executive Director - (DENR)

RTD for Lands/RED

- Evaluate and review papers and findings of CENRO

- Conduct/Approve survey plan and technical descriptions

- Prepare Completed Staff Work (CSW) report

- Coordinate with concerned offices (Regional Office of DepEd, DOH,

DPWH)

- Refer the request and pertinent papers to LMS with comment and
recommendation

LMB

- Technical support to the Regional Offices/Department

- Coordinate with DOH & DPWH (Department Proper)

- Validation of technical descriptions/ensure completeness of required

documents

- Proper styling and final revision/drafting of the proclamation/special

patent

- forward and recommend approval of draft proclamation/special patent to

the DENR Secretary

DENR PROPER (SECRETARY)

- Final Review and recommendation to the President for the approval
and issuance of proclamation
 - Issue Special Patent (if lot is not titled)

REGISTRY OF DEEDS
- Register Special Patent/Deed of Donation
- Issue of Original Certificate of Title (untitled lots) or Transfer
Certificate of Title (titled lots)

BENEFITS
1. Formalize ownership of the land.
2. Give DepEd legal standing to sue in court to protect/defend its rights/interests.
3. Protect and secure tenurial rights for DepEd over the land (land becomes
property of public dominion even if not actually used/occupied as school site).
4. Clarify and fix boundaries of the lot.
5. Proof of title.
 CHECKLIST OF REQUIREMENTS FOR FREE PATENT APPLICATION
AGRICULTURAL LAND

Name of Applicant:
Application No. 0155
Lot No. Area: _________ SQ.M.
Location:
Region: 1
Application:
Application Fee:
Documentary stamp( All legal documents)
Affidavit of Landholding
Joint affidavit of two disinterested persons
Notice of applications
Posting
Proof of payment of Taxes
Tax declarations ( indicated classification of land )
Approved Plan or Form V-37
Investigation Report
Certification from LRA/RTC
Certification on the classification of the land
LC No. and date
Transfer of Rights,Deed of Absolute Sale/Deed of Quitclaim/
Deed of Donation or Waiver of Rights
Survey Claimant
TD Verification
ORDER: Approval of Application and issuance of Patent
A title= Acomp.= Acor.=
eL = eD =

Projection
SPA (When applied by Heirs)
__________________________________________________________________
Note: If Classified as A & D ag\fter April 16, 1960, not qualified under RA 6940 Team No.

( ) OK for signature of patent

( ) For compliance of requirement
( ) Return to PENRO/CENRO concerned for certification

COMMENTS/REMARKS:
FREE PATENT APPLICATION
FORMS

i. AGRICULTUTAL
ii. RESIDENTIAL/ RA 10023
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment and Natural Resources Office
Dagupan City

APPLICATION FOR FREE PATENT

Local Land Office No.___________

I hereby make application for Free patent to the following described tract of
agriculture public land under the provision of Chapter VII on Commonwealth Act No.
141, as amended to wit: Give as accurate description as possible showing the boundaries
of land having reference to national objects appearing on the ground and permanent
monuments, if any. If the Lot corresponds to a tract, give information on what plans the
lot maybe identified:
______________________

1.A parcel of land (Agricultural) situated in the sitio of __________________

Barangay __________________ Municipality/City of _____________________Province
of Pangasinan, Island of Luzon, Philippines, and __ hectares ___ acres _____ areas.
2. I submit the following statement of facts to show that I am entitled to make this
application.
3. My name is __________________________age______ and my postal address
is ___________________,I am a natural born citizen of the Philippines. My civil status
is (if married state (a) Name (b) place (c) Citizen and residence address of apouse)
__________________________.

And I am not the owner of more than 24 hectares of land.

The following are my near relatives (state their names and relations to the
applicant such as husband or wife, parents, children, brother, etc. If children give their
ages)
________________________________________________________________________
4. The land described and applied for is not claimed or occupied by other person,
but is public land I entered upon and began cultivation of the same as
_______________________ day the day of___________________ and since that date I
have continuously cultivated the land and have made thereon the following improvement
viz:
________________________________________________________________________
etc.(If applicant claims ancestors, paragraph 5,6,7. and 8 must be filed out)
 5. That land described and applied for is not claimed or occupied by the other
person but is public land. It was first entered upon cultivated and occupied on or about
the day of______________, at the Municipality of______________ Province of
Pangasinan.

Evidence of ownership is hereto attached and consists of

________________________________________________________________________
____________________________________ etc.
The following are the names and address of the heirs of my ancestors:
NAME POST OFFICE ADDRESS

________________________________________________________________________
________________________________________________________________________

6. I __________________________and the (only heir/ representative of the heirs)

of who is/are ___________ entitled to succeed him according to the laws of the
Philippines.

7. Since the death of my said ancestors, I have cultivated said land, and
improvements now on the land consisting of the following viz:____________________

8. The land has continuously occupied and cultivated by me/us, or said ancestors,
since the date of entry thereon as abovestated, except during the following named,
period when the land was not occupied for the reason stated____________________

9. The land applied for now occupied and cultivated by me/us and to the best of
my knowledge, information and belief. It is otherwise unreserved and non appropriated
and is non-mineral agricultural public land containing no valuable deposits of guano,
coals, or salt and is more valuable agricultural than for forestry or other purposes.

10. That I am not a CARP beneficiary and equally the land applied for is neither
mortgaged to any banking/financial institution nor involved in any civil administrative
cases.

11. The following named witnesses will testify that the allegation on this
application are true:

NAME ADDRESS

With my marital consent:

_____________________ ____________________________
 Applicant

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF PANGASINAN ) :S.S.
CITY/MUNICIPALITY OF DAGUPAN )

12. I ______________________the person making the foregoing application first

been duly sworn upon my oath, depose and say; That I have read or someone reads to me:
and thoroughly understand the forgoing application that I sign the same and this affidavit
in the presence of the Officer who administered the oath that each and every statement in
said application is true.

____________________________
Applicant

13. Before me, at the place aforesaid on this ____ of ______________________,

personally appeared the applicant to me known to be the same whose name appears in the
foregoing application, in my presence signed the said application and subscribed and
sworn to this affidavit.

______________________________
(Officer authorized to administer Oath)
(Land Investigator/Inspector)
 Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment and Natural Resources Office
Dagupan City

NOTICE OF APPLICATION FOR FREE PATENT

Notice is hereby given that ___________________________________has filed with the CENR
Office an application, under the provisions of Chapter VII of Commonwealth Act No 141, as amended, for
a Free Patent to a tract of land situated in the Barangay of ____________________ Municipality of
_________________________, Province of Pangasinan, Philippines, describe as
follows:_____________________________________________________________________________
____________________________________________________________________________________
Containing an area of______________________________________________
_______hectares, __________________and __________________centares. All adverse claims
to the tract of land above described must be filed in the Office of the DENR-PENRO on
or before the _________day of ___________________, . Any claim not so filed will be forever
banned.

______________________

_____________________________________________________________________________________

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF PANGASINAN )S.S.
CITY/MUNICFIPALITY OF _________________)

I, _____________________________________ , married to______________________

Being first duly sworn to depose and say; That he is the same person who made
application for the above described land that a copy of the above notice was posted in a
conspicuous place on the land applied for, on the bulletin board of the barangay the
land is located and the door of the Municipal Building, on the ________day of
_________________, and remained so posted until the_____day of____________________,

___________________________
Applicant

SUBSCRIBED AND SWORN to before me this ______day of __________________,

the affiant exhibited his/her Community Certificate No._____________issued at the
Municipality of _______________________Province of
_________________on____________________,.

_____________________
Land Inspector/DPLI

Paid Filing Fee_________

Under O.R. No._________
Dated_________________
 Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OFFICE
Provincial Environment and Natural Resources Office
Dagupan City, Pangasinan

Date: _________
The PENR Officer
DENR,PENRO Dagupan City
Thru: The Land Mgnt. Officer III

Sir:
I have the honor to certify that on ___________________I was on and had examined the land
applied by _________________ ___married to ______________________under Free Patent
Application No. 0155_______ situated in______________, Municipality of
___________, Province of Pangasinan and in conformity with Circular No. 30 reports the
following:
1. That the occupation and cultivation of the applicant as far as I have been able to ascertain
dated from __________ and her occupation and cultivation have been continuous, open,
notorious and exclusively;
2. That the said land was first occupied and cultivated by __________________in ______ and
the occupation and cultivation were continued by the applicant who occupied thereto through
_________________________ from his/her_______ who was his/her immediate
predecessor-in-interest.
3. That the applicant is still living/died on _________________and survived by his
_____________who was his/her n/a
4. That the land is being claimed by ______whose post office address is ______________
5. That of the ________ hectares applied for ______ ___________ are under actual
cultivation none hectares are cleared but not cultivated and none hectares are still
untouched.
6. That improvements on the land consist of the following : __________________
7. That the land applied for is entirely inside alienable and disposable agricultural zone under LC
Map No._______ Project No. __________ dated Nov. 21, 1927
8. That the said land has been surveyed and it corresponds as Lot NO. _15214_______ Cad.
_____________, which was ______________by the Regional Trial court of
_______.
9. That the applicant is not the owner of more than 12 hectares;
10. REMARKS: _____________________________________________________________
________________________________________________________________________
11. That I made a thorough ocular inspection of the land applied for, the sketch is reproduced
herein below or attached the dimensions and area thereof and the improvement thereon.
IN VIEW OF THE FOREGOING, it is respectfully recommended that the patent be now granted to
the applicant.

RECOMMENDING APPROVAL Very truly yours,

____________________ ________________
LMO III SLI/LMI/DPLI

SUBSCRIBED AND SWORN TO BEFORE this __day of __ ____2012 at DENR, PENRO

Pangasinan the SLI/LMI/DPLI with Community Tax Certificate No. _-_________issued on
_________________ at ______________.

______________
PENR Officer
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Provincial Environment and Natural Resources Office
Dagupan City

F P A No. ___________ Lot No. __________

Barangay:_____________
Municipality:____________
Province:______________
Applicant: : ______________________ Area: ________ sq.m.

ORDER OF APPROVAL OF APPLICATION AND ISSUANCE OF PATENT

From the record of this case, it appears:

1. That the applicant is a natural-born citizen of the Philippines and otherwise qualified to
acquire public land through free patent;
2. That the land applied for has been classified as alienable and disposable and is subject
to disposition under the public law;
3. That upon investigation conducted by __DPLI _____ whose report was duly examined
and reviewed by _____________ it was found out that the land applied for has been
occupied and cultivated by the applicant himself and/or through his predecessors in
interest since April 16, 1960 or prior thereto;
4. That the notice for the acquisition of the land by the applicant under this application has
been published in accordance with law, and that no other person has prove a better right
to the applied for;
5. That there is no adverse claim involving the land still pending determination in the Office;
and
6. That the claim of the applicants is in all other respects, complete and there is no record in
this Office for any obstacle to the issuance of the patent.

WHEREFORE, the occupation and cultivation of the Land applied for as described in the

caption hereof is hereby confirmed and this application is hereby in the records of this Office

as Free Patent Entry No. _______.

As the applicant has already complied with all the requirements of the law for the issuance of the
corresponding patent to the land, it also hereby ordered that the necessary patent be prepared for the
issuance in favor of the applicant.

Recommending Approval: For and by Authority of the Secretary

Department of Environment and Natural
Resources Office

________________ ________________________
LMO III PENR Officer

Copy furnished:
No pending claims/conflicts as per
 Records to date.____________

Republic of the Philippines

Department of Environment and Natural Resources
Provincial Environment and Natural Resources Office
Dagupan City

APPLICATION FOR RESIDENTIAL FREE PATENT

Application No._____________________________ Entry No. _________________

Name of Applicant: _______________________________________________________

Address: ________________________________________________________________

Citizenship: __________________________ Civil Status _____________________

Age: ______________ If minor, name of legal guardian __________________________

Date of Birth: __________________________ Place of Birth: _____________________

Location of residential land applied for _______________________________________

_______________________________________________________________________

Lot No.: _____________________________ Pls.: ______________________

Land Area: ___________________________ Cad.: ______________________

Applicants predecessor-in-interest (if any): ____________________________________

Date of entry by applicant or predecessor-in-interest upon the residential land
applied for: (on or about) _________________________________________

I declare, under penalties of perjury, that my total land holdings are not more than
12 hectares and that this application has been made in good faith and to the best of my
knowledge all information contained herein are true and correct.

___________________________________
Applicants Name and Signature

SUBSCRIBED AND SWORN to before me this _____________________ day of

___________________________________.

________________________________
Officer Authorized to Administer
 Oath

Republic of the Philippines

Department of Environment and Natural Resources
PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE
Dagupan City

NOTICE OF APPLICATION FOR

RESIDENTIAL FREE PATENT

Notice is hereby given that Ms./Mrs./Mr,_______________ has filed with the

Office of the PENR Officer an application under the provision of Republic Act No.
10023 or An Act Authorizing the Issuance of Free Patents to Residential Lands for a
Residential Free Patent over a parcel of land situated in __Brgy.______________,
Pangasinan particularly described as follows:

Lot __________________

Containing an area of:_ ________________________________(______) SQ. M.

________LEDUINA S. CO ____
Provincial Environment and Natural
Resources Officer
 Republic of the Philippines
Department of Environment and Natural Resources
PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE
Dagupan City

CERTIFICATE OF POSTING OF NOTICE OF

APPLICATION FOR RESIDENTIAL FREE PATENT

This is to certify that the 15th day posting requirement

for the application of _______________ for residential free patent
under R.A. 10023 of covering a parcel of land identified as
Lot__________________ located in __Brgy. ,Pangasinan, has
been completed on ______________. Posting date:______________
to __________________ Posted at Barangay Hall, __Brgy. _________
Pangasinan and DENR-PENRO, Dagupan City.

_________ _______________________
Provincial Environment and Natural
Resources Officer
PATENT PROCESSING AND ISSUANCES
REPORT ON AGRICULTURAL YEAR 2009,
2010, 2011 AND 2012 August 15

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For website 2012