Patent

Who may apply

(Qualifications)

Limitatio
ns

Purpose/nature
of patent

Homestea
d

-Any Filipino citizen;

-18 years old and
above or the head
of a family,
-does not own more
than 24 hectares of
land
in
the
Philippines
-not had the benefit
of any gratuitous
allotment of more
than 24 hectares of
land
since
the
occupation of the
Philippines by the
United States.
-for
the
land
applied for, at least
1/5 of it should be
improved
or
cultivated for not
less than one or

12hectare
s
of
agricultur
al land of
the public
domain.

1. To provide home
for each Filipino
citizen,
where
family may shelter
and live beyond the
reach of financial
misfortune
2. To inculcate in
individuals
those
feelings
of
independence
which are essential
to the maintenance
of free institutions.

Effect
of
land
erroneously
included
in
the
patent
Lands
must
be
returned to the State,
not re-conveyed to a
private person through
a private quitclaim.
The transferee must
himself comply with
the requirements for a
grant.

Prohibition
alienation

on

Any encumbrance or
alienation of lands
acquired from the
date of the approval
of application and for
a term of five years
from and after the
date of issuance of
the patent or grant is
prohibited.
No
alienation,
transfer,
or conveyance of any
homestead after five
years and before 25
years after issuance
of title shall be valid
without the approval
of the Secretary of
Agriculture
and
Natural Resources.

more five years,

from and after the
date of approval of
the application.
-the applicant must
also
pay
the
required fee
Free
patent

Any
natural-born
Filipino citizen; not
the owner of more
than 12 hectares;
who for at least 30
years
prior
to
effectivity of the
amendatory Act (RA
No.
6840),
has
continuously
occupied
and
cultivated, either by
himself or through
his predecessors-ininterest a tract or
tracts
of
agricultural public
lands subject to

Land not
to exceed
12
hectares

Lands acquired under

Free patent shall not
be encumbered or
alienated within five
years from the date
of issuance of the
patent or be liable for
the satisfaction of
any debt contracted
prior to the expiration
A title emanating from of the period.
2.The conservation of a a free patent which
family home
was secured through The prohibition applies
fraud does not become regardless of whether the
indefeasible because sale is voluntary or
the
patent
from involuntary, whether the
whence
the
title debt is contracted before
sprung is itself void the five-year prohibitory
1.To preserve and keep
in the family of the
homesteader that portion
of public land which the
State has given to him so
he may have a place to
live with his family and
become a happy citizen
and a useful member of
the society.

A certificate of title
issued on the basis of
a free patent procured
thru
fraud
or
in
violation of the law
may
be
cancelled
since the title is not
cloaked
with
indefeasibility.

disposition;
who
has paid the real
estate
taxes
thereon while the
same has not been
occupied by any
person.

and
of
no
whatsoever.

effect period

A free patent that was

fraudulently acquired,
and the certificate of
title issued pursuant to
the same, may only be
assailed
by
the
government
in
an
action for reversion.
Only the government,
through the OSG, upon
recommendation
of
the Dir. of Lands, may
bring
an
action
assailing a certificate
of title issued pursuant
to
a
fraudulently
acquired free patent.
Exception: A private
individual
(injured)
may bring an action
for reconveyance even

Sales
patents

Any citizen of lawful

age
of
the
Philippine Islands or
of
the
United
States, and any
such citizen not of
lawful age who is
head of a family,
Any corporation or
association of which
at least sixty-one
per centum of the
capital stock or of
any interest in said
capital
stock
belongs wholly to
citizens
of
the

if the title thereof was

issued through a free
patent only to show
that the person who
secured
the
registration
of
the
questioned property is
not the real owner
thereof.
public
For
educational, Any
contract
or
agricultur charitable, or other agreement made or
al
land similar purposes
executed in violation of
not
to
this section shall be
exceed 12
void ab initio.
hectares

Except in favor of the

Government or any of
its branches, units, or
institutions
lands
acquired under the
provisions of this Act
shall not be subject to
encumbrance
or
alienation before the
patent is issued and
for a term of ten
years from the date
of the issuance of
such patent, nor shall
they become liable to
the satisfaction of
any debt contracted

Philippine Islands or
of the United States
or of any State
thereof
Authorized person
to transact business
in the Philippine
Islands,
Corporate
bodies
organized in the
Philippine
Islands
authorized
under
their charters to do
so,

prior to the expiration

of said period. No
transfer or alienation
made after the said
period of ten years
and within fifteen
years
from
the
issuance
of
such
patent except those
made by virtue of the
right of succession
shall be valid unless
when duly authorized
by the Secretary of
Agriculture
and
Natural
Resources
and the transferee or
vendee is a Filipino
citizen.
Every
conveyance
made
shall be subject to
repurchase by the
original purchaser or
his legal heirs within
a period of five years
from the date of

conveyance.
Emancipat tenant farmers of
ion
private agricultural
patents
lands
primarily
devoted to rice and
corn
under
a
system
of
sharecrop or leasetenancy,
whether
classified as landed
estate or not

The
For
agricultural
tenant
purposes
farmer,
whether
in
land
classified
as landed
estate or
not, shall
be
deemed
owner of a
portion
constituti
ng
a
familysize farm
of five (5)
hectares if
not
irrigated
and three
(3)

No title to the land

owned by the tenantfarmers
under
this
Decree
shall
be
actually issued to a
tenant-farmer
unless
and until the tenantfarmer has become a
full-fledged member of
a
duly
recognized
farmer's cooperative;

Title to land acquired

pursuant
to
this
Decree or the Land
Reform Program of
the Government shall
not be transferable
except by hereditary
succession or to the
Government
in
accordance with the
provisions
of
this
Decree, the Code of
Agrarian Reforms and
other existing laws
and regulations

hectares if
irrigated;
In
all
cases, the
landowner
may
retain an
area
of
not more
than
seven (7)
hectares if
such
landowner
is
cultivating
such area
or
will
now
cultivate
it;
Special
patents

1. Republic of the
Philippines,
its
agencies, branches
and

For highly
urbanized
cities, the
area shall

Educational
purpose.
Charitable or other
similar purpose run

In fraud, the Bona fide

claim of acquisition of
ownership should
be
established
by

In
payment
of
compensation
for
landed
estates
acquired
by
the

instrumentalities;
and
2.
Local
Government Units
(LGUs)
such
as
provinces,
cities
and municipalities.

not
exceed
two
hundred
(200)
square
meters.
For other
cities, the
area shall
not
exceed
five
hundred
(500)
square
meters.
For
first
class and
second
class
municipali
ties,
the
area shall
not
exceed

or administered by
the government or
any of its branches
nor
instrumentalities;
Public
Cemetery,
municipal
halls,
public plazas or
parks and other
government
institutions
for
public use or public
purpose; and other
similar
public
purposes that may
be identified.

convincing evidence
claim for the parcel
subject
of
the
application
that
is
legally adequate as
proof of possession
and as acceptable to
the
community
to
separate
that
particular parcel as
being owned by the
applicant
to
the
exclusion of others.
It means that the
applicant holds the
properly by virtue of or
through any of the
modes of acquisition
recognized by the Civil
Code. It also refers to a
state of mind which is
manifested by the acts
of the applicant, done
with honest intention
to abstain from taking

Government, whether
thru
voluntary
agreement or thru
expropriation
proceedings,
the
President
of
the
Philippines
may
convey in behalf of
the Republic, with the
written consent of the
owner of land, in total
or partial payment of
such compensation,
such public land as is
disposable by sale or
lease
to
private
individuals
in
accordance with law
and
such
other
similarly
disposable
property pertaining to
the Republic of the
Philippines.

seven
hundred
fifty (750)
square
meters.
For
all
other
municipali
ties,
the
area shall
not
exceed
one
thousand
(1000)
square
meters.

an unconscionable or
unscrupulous
advantage or another.
However, it is the It is
the opposite for fraud.