ACKNOWLEDGMENTS
This document was prepared by the Lands Management Bureau (LMB) of the
Department of Environment and Natural Resources (DENR) in cooperation with the
Food and Agriculture Organization (FAO) of the United Nations under the Technical
Support to Agrarian Reform and Rural Development (TSARRD) Project,
GCP/PHI/040/ITA.
CONTENTS
FOREWORD
Glossary Of Terms
CHAPTER 1. Objectives, Organization, and Functions
1.1
1.2
1.3
Objectives
1.1.1 General
1.1.2 Specific
Organization structure
1.2.1 Land management division
1.2.1.1Urban management section
1.2.1.2Agricultural land management section
1.2.1.3Reservation and special grants section
1.2.1.4Deeds and transfer section
1.2.1.5Land use and classification section
Functions
1.3.1 Regional executive director
1.3.2 Provincial environment and resources officer
1.3.3. Community environment and natural resources officer
Introduction
3.2
3.3
3.4
5.2
5.3
5.4
5.5
5.6
5.7
FOREWORD
Pursuant to Executive Order No. 192 and in agreement with the
decentralization of the Department of Environment and Natural Resources, the
authority over regulatory administrative, personnel and financial matters have been
provided under DENR Administrative Order No. 38, Series of 1990 dated April 19,
1990 as amended by DENR Administrative Order No. 38-A Series of 1990
delineating and defining the functions of the DENR CENRO/PENRO/RTD/RED.
As a mini DENR agency in all its prospective and equipped with delegated
powers, the Regional DENR Offices must essentially adopt a uniform approach in
their respective operations in land disposition and administration. Although the
regions have their own thrusts and priorities, they strive for a common objective of
administering, managing, surveying, and disposing lands of the public domain.
Copyright 1994-2016 CD Technologies Asia, Inc.
Hence, this manual includes the basic and general parameters for easy and ready
reference of the field personnel in the CENRO and PENRO including those in the
RTD and RED.
Although this manual seeks to provide a standard procedure for all field offices
of the Department of Environment and Natural Resources involved in the disposition
and management of public lands, they are, however, not precluded from instituting
their own procedures to facilitate expeditious actions by establishing such procedures
in office circulars and other issuance with the approval of the Secretary of
Environment and Natural Resources.
Glossary of Terms
Claimant
Foreshore Lease
Application (FLA)
Friar Lands
Land
Land Use
Land User
Leasehold Application
Lot
Miscellaneous Sales
Application
Occupant
Owner
Patent
Provisional Permit
Reservation
Revocable Permit
Application (RPA)
Right of Possession
Right to Possession
Special Patent
Special Permit
Technical Descriptions
Townsite Sales
Application
1.1 Objectives
1.1.1 General
To implement in the regional area the policies, plans programs, rules, and
regulations of the Department of Environment and Natural Resources (DENR) on the
administration and disposition of alienable lands of the public domain and other lands
acquired by the government.
1.1.2 Specific
1.
2.
3.
2.
3.
4.
5.
10
6.
7.
8.
9.
10.
11.
12.
2.
3.
4.
5.
6.
7.
11
foreshore lands.
1.3.3 Community Environment and Natural Resources Officer
1.
2.
CHAPTER 2
Public Land Disposition, Management, and Administration
The classification and disposition of public lands under the purview of the
Constitution is primarily governed by Commonwealth Act. No. 141, as amended,
otherwise known as the Public Land Act. It classified lands of the public domain into
alienable or disposable, timber, and mineral lands. The 1987 Constitution, however,
classifies lands of the public domain into agricultural, forest and timber, mineral or
national parks. Only agricultural lands are subject to alienation/disposition.
Agricultural lands may be disposed of under the provisions of Chapter IV
(Homestead), Chapter VII (Free Patent) and Chapter V (Sales-Agricultural) of CA
No. 141. Free Patent may also be acquired under the provisions of Republic Act Nos.
782 and 3872, Presidential Decree No. 1073, and Republic Act 6940. Under CA No.
141, as amended, RA 782, RA 3872 and PD 1073, the applicant must be the owner of
not more than 24 hectares of land. Under RA 6940, the applicant must not be the
owner of more than 12 hectares.
RA 730 was enacted to ease acquisition of residential land without public
Copyright 1994-2016 CD Technologies Asia, Inc.
12
13
14
15
Application All FPA's filed after Dec. 31, 1987 and prior to
April 16, 1990 must be refiled in the CENRO or in the established
filing center accessible in the municipality or barangay where the
land is located;
2.
3.
4.
16
5.
6.
7.
8.
9.
2.
the land applied for is surveyed and does not exceed the
maximum, area limitation.
17
3.
when the land applied for was first occupied and cultivated
either
by
the
applicant
or
through
his
predecessor-in-interest.
18
4.
5.
19
x------------------------------x
Date
420
COPY FURNISHED:
Republic of the Philippines
Department of Environment and Natural Resources
NOTE: This application must be submitted in quadruplicate otherwise, it will
not be accepted.
APPLICATION FOR FREE PATENT
Application No. _______
1.
I HEREBY make application for a free patent to the following described tract
of agricultural public land under the provisions of Chapter VII of
Commonwealth Act No. 141, as amended or Republic Act No. 782 or P.D. No.
1073 or RA 6940. (if the land is a subdivision or cadastral lot, mention the lot
20
and
survey
number):
_______________________________________________________________
_____ situated in the Sitio of _____, Barrio of _____, Municipality of _____,
Province of _____, Island of _____ Philippines, and containing an area of
_____ hectares, _____ areas, and _____ hectares, a sketch of which is
attached.
2.
3.
4.
5.
The land described and applied for is not claimed or occupied by any other
person but is public land which was first occupied and cultivated by _____ on
9___. I entered upon and began cultivation of the same on the _____ day of
_____ 19 _____, and since that date I have continuously cultivated the land;
and
have
made
thereon
the
following
improvements:
_______________________________________________________
6.
The land applied for was entered upon, cultivated and occupied on or about the
_____ day of _____ 19 _____, by _____ who was my _____. My said ancestor
died on the _____ day of _____ 19 _____ at _____ province of _____ on the
_____ day of _____ 19 _____. Evidence of relationship, death, burial, and
heirship
is
hereto
attached
and
consist
of
_______________________________________________________
_______________________________________________________
The following are the names and addresses of the heirs of my ancestor
________________________________________________________
NAME
__________:_________
POST
OFFICE
ADDRESS
________________________:_______________________________
________________________:_______________________________
21
________________________:_______________________________
________________________:_______________________________
________________________:_______________________________
7.
8.
Since the death of my said ancestor, I have cultivated the said land and existing
improvements
thereon
consists
of
the
following:
_______________________________________________________________
_______________________________________________________________
_______________________________________
9.
10.
The land applied for is now occupied and cultivated by me to the best of my
knowledge, information and belief, it is otherwise unreserved and
unappropriated and is non-mineral, agricultural public land, contains no
valuable deposits of guano, coal or salts, and is more valuable for agriculture
than for forestry or otherwise or other purposes.
11.
I agree that a strip forty meters wide starting from the bank on each side of any
river or stream that may be found on the land shall be demarcated and
preserved as permanent timberland to be planted exclusively to trees of known
economic value, and that I shall not make any clearing thereon or utilize the
same for ordinary farming purposes even after patent shall have been issued to
me.
12.
The following named witnesses will testify that the allegation in this
application are true:
_______________________________________________________________
NAME
______________:_____________________
POST
OFFICE
ADDRESS
_______________________________________________________________
______________
____________________:__________________________________________
22
______________:________________________________________________
_______:_______________________________________________________:
_______________________________________________________:_______
___________________________
13.
I understand that any applicant who willfully and knowingly submit false
statement or executes false affidavits in connection with his application shall
be deemed guilty of perjury and punished accordingly, and that any person
who, not being qualified to apply for public lands, files an application or
induces or permits another to file it in his behalf shall be punished by a fine of
not more than five thousand pesos and by imprisonment for not more than five
years, or both, and in addition thereto, his application shall be rejected or
cancelled and all amount paid on account thereof forfeited to the Government,
and he shall not be entitled to apply for any public land in the Philippines.
__________________________
Applicant
AFFIDAVIT
__________________________
Applicant
Copyright 1994-2016 CD Technologies Asia, Inc.
23
Before me, at the place aforesaid on this ____ day of ______ 19 ___
personally appeared _____ to me known to be the person whose name appears in the
foregoing application, and in my presence signed the said application and subscribed
and swore to this affidavit. He exhibited to me his Residence Certificate No. _____
issued at _____ on _____ 19 _____, which shows him to be _____ years old.
______________________________
Officer Authorized to Administer Oath
Notarial Register No. _____
Page No. _______
Book No. _______
Series of 19_______
_____________________
Official Title
24
4.
5.
That of the ________ hectares applied for _____ are under actual
cultivation ___________ hectares are cleared but not cultivated
and ____________ hectares are still untouched.
6.
7.
8.
That the said land has been surveyed and it corresponds to Lot Cad
or Pls. ____________ which was declared
__________________________________________________
(State whether Public Land or Private Property)
9.
25
10.
11.
REMARKS:
_____________________________________________________
_______________________________________
______________________________________________
_____________________________________________________
_______________________________________
12.
_____________
Pls
___________
Cad
__________
Area
All adverse claims to the tract of land above described must be filed in this
office on or before the _____ day of _________. Any claim not so filed will be
Copyright 1994-2016 CD Technologies Asia, Inc.
26
forever barred.
Community Environment
and Natural Resources Officer
_____________________________________________________________
Applicant
Officer Authorized to
Administer Oath
Affix one
documentary
stamp
Republic of the Philippines
Copyright 1994-2016 CD Technologies Asia, Inc.
27
2.
3.
That the said applicant has continuously occupied and cultivate the
land himself or thru his predecessors-in-interest since April 16,
1960 or prior thereto and it is free from claims and conflicts;
4.
5.
IN WITNESS WHEREOF, we have hereunto set our hands and signed this
affidavit this _____ day of ________ in the municipality of ___________, province
of ________.
Affiant
Residence Certificate No. _________
Copyright 1994-2016 CD Technologies Asia, Inc.
Affiant
Residence Certificate No. ________
Environment and Natural Resources 2016 First Release
28
Issued On _____________________
At ___________________________
Issued on _____________________
At __________________________
Officer Authorized to
Administer Oath
Republic of the Philippines
Department of Environment and Natural Resources
F. P. A. ______
H.A. No. _____
Applicant:
Successors:
Representative
x----------------------------x
ORDER
As applicant ____________ died before the patent to the land applied for
could issued in his name and is survived by his heirs who are entitled and willing to
succeed him in all his rights to, and interests in, the land covered by the above-noted
application the order of this Office dated ____________ directing the preparation and
issuance of the patent in the name of ____________ is hereby modified so that the
patent shall be prepared for issuance in the name of the Heirs of
_____________________________, represented by _________________. Once
prepared, the said patent together with this order and the entire records of this case
shall be submitted to the _______________ for signature and issuance.
Community Environment
and Natural Resources Officer
COPY FURNISHED:
Copyright 1994-2016 CD Technologies Asia, Inc.
29
(E-_______)
x
:
:
:
:
:
:
x----------------------------------------------x
Lot No.
Barrio of
Municipality of
Province of
ORDER CONFIRMING ENTRY
Area
Dates
COPY FURNISHED
_____________________
30
F.P.A.
Applicant
Successors
Representative
x----------------------------x
ORDER: APPROVAL OF APPLICATION, SUCCESSION AND ISSUANCE OF
PATENT
From the records of this case, it appears:
1.
2.
3.
4.
5.
That the notice for acquisition of the land by the applicants under
this application has been published in accordance with law, and
that no other person has proved a better right to the land applied
for;
6.
31
That the claim of the applicant and/or his heirs, are in all other
respects, complete and there is no record in this Office of any
obstacle to the issuance of the patent.
COPY FURNISHED:
Republic of the Philippines
Department of Environment and Natural Resources
1st Indorsement
Returned to the PENRO Free Patent No. _____ has been signed and issued as
of
___________________
x Lot No.
: Barrio
: Municipality
Environment and Natural Resources 2016 First Release
32
Applicant
x----------------------------------------------x
: Province
: Area
Hectares
:
2.
That the land applied for has been classified as alienable and
disposable and is subject to disposition under the Public Land
Law;
3.
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 proved a better right to the land
applied for;
5.
That there is no adverse claim involving the land applied for still
pending determination in this Office; and
6.
That the claim of the applicant is, in all other respects, complete
and there is no record in this Office of any obstacle to the issuance
of the patent.
7.
That the real estate taxes therein has been paid since April 16,
1990 or prior thereto if filed under RA 6940.
33
the issuance of the corresponding patent to the land, it is ordered that the patent be
prepared. Once prepared, the said patent, together with this order and the entire
records of the application shall be submitted to the PENRO/RED/Secretary of
Environment and Natural Resources/for signature and issuance.
COPY FURNISHED:
2.
3.
4.
34
She is a living separately from her husband and does not depend
on him for support.
2.
3.
Application.
2.
3.
4.
5.
6.
7.
In case the applicant dies and has surviving heirs who are willing
to continue with the homestead, an order of succession of rights.
It should be noted that surviving heirs may acquire homestead only
through succession of rights if the application has already been
approved prior to the death of the applicant, otherwise no transmissible
rights may be acquired.
Homestead application in the name of the heirs (as the original
35
applicants) are not approved. They may acquire homestead patent only
by virtue of succession of homestead rights.
8.
9.
10.
2.
36
begun.
3.
that the lot for which the order is being issued is exactly the
same as the lot being applied for and described in the
preliminary report.
It should be stressed that an order of approval for homestead
cannot be issued in the name of the heirs of a deceased
ascendant.
4.
if it was filed one year from and after the date of approval
of the application.
37
5.
38
7.
8.
Free Patent
Homestead
Age
None
Citizenship
Natural-born
Filipino
Filipino
Landholdings
per CA 141
39
1073
Not the owner of more than 12 hectares
per RA 6940
Occupation
Cultivation
Fully cultivated
Table 2.
______________________________________________________________________
Free Patent Residential
Qualifications
(Batas Pambansa 223)
______________________________________________________________________
Age
None
Citizenship
Filipino
Landholdings
Not a registered owner of a residential land in
the same municipality wherein the land applied
Copyright 1994-2016 CD Technologies Asia, Inc.
40
for is located
Occupation
SECTION 1, BP 223 continuous possession
and occupation since or prior to June 12, 1945
and has paid all the real estate taxes thereon
since then
Improvement
family actually reside
______________________________________________________________________
41
42
______________________
Applicant
AFFIDAVIT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________: S.S.
MUNICIPALITY OF ___________)
I ______________, applicant, first having been solemnly sworn upon my oath,
deposed and say: That I have read or someone has read to me, and I thoroughly
understand the foregoing application; that I signed the application and this affidavit in
the presence of the officer who administered the oath; and that each and every
statement in said application is true and correct to the best of my knowledge and
belief. SO HELP ME GOD.
_____________________
Copyright 1994-2016 CD Technologies Asia, Inc.
43
Applicant
Before me, at the place aforesaid, on this ___ day of _________ 19___,
personally appeared _____________________ to me personally known to be the
same person whose name appears in the foregoing application, and in my presence he
signed the said application and subscribed and swore to the foregoing affidavit. He
exhibited to me his Residence Certificate No. _____ issued at _____________ on the
____ day of _________ 19__ which shows him on the date of said certificate to be
____ years old.
_________________________
(Officer Authorized to
administer oath)
NOTARIAL REGISTER NO. ____
PAGE NO. _____ BOOK NO. ____
SERIES OF 19___
_______________________
(Official Title)
:
:
Applicant
x------------------------------------------x
ORDER: APPROVAL OF APPLICATION
It appearing from the records of this application that the applicant possesses all
Copyright 1994-2016 CD Technologies Asia, Inc.
44
CENRO
COPY FURNISHED
45
46
forest zone.)
5. That the tract applied for is _____ claimed by ______________ whose
post-office address is _______________ (In case of claims and conflict, a separate
detailed report must be submitted.)
6. That the applicant has _______ been occupying and cultivating the land
since _________, 19__, by virtue of _______________. A portion of ________
hectares is now under cultivation and the improvements or standing crops are the
following: __________________________________, valued at ______________.
(Permanent improvements should be appraised separately.)
7. That the land applied for has been identified to be covered by
__________ Application No. _________ of ________________ which was rejected
or cancelled by ___________________ for the following reasons:
_________________________.
8. That the applicant is the ____________ (Owner, holder) of _____
hectares of land. (Should the applicant be the owner of 12 hectares, in case of
homestead and sales application, give number of parcels, location and areas thereof.)
9. That the land applied for has ____________ been assessed at P ________
per ____________ under Tax Declaration No. ___________- in the name of
________________, and in my opinion, it is worth P___________ per
_______________. Adjacent private land of similar character are assessed at
P______________ (This is required in case of sales and lease applications only.)
10. That the land is _________ surveyed under Survey No. ___________. It
corresponds to Lot No. _____________ B. L. Case No. ________, G.L.R.O. No.
__________, Cadastre/Pls-______________.
11. That the applicant who is now residing at ___________________ is
really interested in the application and is __________ in a position to put into
beneficial use the _______ of the area applied for. The applicant has a yearly income
of P_____, he/she being a _______ or he/she is the owner of ___________________.
(Mention nature of property where income is derived.) (If the applicant is not the one
really interested in the application, the name of the real party in interest should be
stated in the column "Remarks". The portions cultivated by persons other than the
applicant, their nationality and value of their improvements should also be stated. The
authority for their occupation should be ascertained and efforts should be exerted to
secure copies of the agreement or contract thereon between the applicant and the said
Copyright 1994-2016 CD Technologies Asia, Inc.
47
occupation.)
12. That I have advised the applicant to remit the amount of P___________
as application fee or as fee for issuance of Provincial Permit and found that he has
______ already paid the amount of P____________ as evidenced by Official Receipt
or Postal Money Order No. _________, issued on ____________ 19____, hereto
attached.
13. That the applicant or any member of his family is ____ directly or
indirectly connected with the DENR, Lands Sector by reason of the following
circumstances: ________________________________.
14. That the applicant is ________ a married woman, and she does ________
come under any of the exceptions mentioned in paragraph 3, Chapter III of the Rules
and Regulations relating to Public Lands. (In sales or lease, application with marital
consent is necessary.)
15. That the applicant is also the holder of __________ Application No. ____
approved or patented on ____________
16. Remarks:
___________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
In view of the foregoing, it is recommended that the above-mentioned
application be _________________________________________________
A sketch of the tract applied for, showing the approximate dimensions,
follows: (The sketch should be made in all cases except when the land is included in a
cadastral survey and survey returns have already been forwarded to the Central
Office.)
48
49
________________________
Applicant
AFFIDAVIT
PHILIPPINES)
PROVINCE OF S.S.
MUNICIPALITY)
____________________, being first duly sworn, deposes and say that a copy
of the attached Notice of Intention to Make Final Proof relative to his Homestead
Application No. _____ was posted at the municipal building of the Municipality of
______________ on the bulletin board of the barrio and another in a conspicuous
place on the land applied for on the _________ day of _______ day of _________
19___ and remained so posted for a period of thirty days, until the ______________
day of ____________, 19___.
The changes on the boundaries of the land are due to ___________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Copyright 1994-2016 CD Technologies Asia, Inc.
50
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________
(Applicant)
Subscribed and sworn to before me this ______ day of _____ 19___ in the
Municipality of _____________ Province of __________
_____________________________
(Officer authorized to administer oaths
under Section 103, Commonwealth Act
No. 141, as amended)
________________________
Official Title
Documentary Stamp
51
___________________________________________________
Q.2.
Where were you born and of what country are you a citizen?
A.
___________________________________________________
Q.3.
Are you the identical person who made homestead application No. ____
filed in the CENRO on the ____ day of ______ 19___ and what is the
true description of the land now claimed by you? (If the land has been
previously surveyed, give lot or survey number)
A.
________________________________________________________
__________________________________________________________
__________________________________________________________
____________________________________________________
Q.4.
Have you ever built any house on the land or any where else within the
municipality where the land is located or in another municipality
adjacent to the same? (State the period of your actual residence and the
kind and value of your house therein)
A.
________________________________________________________
Q.5.
Of whom does your family consist and have you and your family resided
continuously in said house? (If married state the fact.)
A.
_______________________________________________________
_______________________________________________________
Q.6.
For what period or periods have you been absent from the homestead
since making settlement, and for what purpose; and if temporarily
absent, did your family comply with the requirement of the law
regarding residence and cultivation of the land during such absence?
A.
_______________________________________________________
_______________________________________________________
Q.7.
How much of the land have you cultivated each season, and for how
many seasons have you raised crops thereon?
A.
________________________________________________________
________________________________________________________
52
Q.8.
A.
________________________________________________________
________________________________________________________
Q.9.
A.
_______________________________________________________
_______________________________________________________
Q.10. Are there any indications of coal, saline, guano deposits or minerals of
any kind on the land? (If so, describe what they are, and state whether
the land is more valuable for agricultural than for mineral purposes.)
A.
_______________________________________________________
_______________________________________________________
Q.11. Have your ever made any other homestead entry? (If so, describe the
same.)
A.
________________________________________________________
Q.12. Have you sold, conveyed, or mortgaged any portion of the land; and if
so, to whom and for what purpose?
A.
________________________________________________________
________________________________________________________
__________________________________________________________
______________________________________________________
Q.13. Were you at the time of your application was filed, the owner of more
than 12 hectares of the land in the Philippines?
A.
________________________________________________________
________________________________________________________
Q.14. Describe by name and kind, any public land application or any other
entry (not mineral) made by you.
A.
________________________________________________________
Q.15. Who filed original application for the land which you now ask for
Copyright 1994-2016 CD Technologies Asia, Inc.
53
________________________________________________________
________________________________________________________
Q.17. When did he first begin the cultivation of the land, and what area did he
cultivate each year?
A.
________________________________________________________
Q.18. When and where did he first establish his residence on the land, or
elsewhere within a municipality where the land is located or within a
municipality adjacent to the same; and did he continuously maintain his
residence therein until the date of his death?
A.
________________________________________________________
________________________________________________________
Q.20. Since his death, have you continuously cultivated the land and
established your residence thereon or elsewhere within the municipality
where the land is located or in another municipality adjacent to the
same?
A.
________________________________________________________
________________________________________________________
ATTESTED BY:
______________________________
(Sign plainly, with full Christian name)
_______________________
_______________________
54
____________________________________________________________
I HEREBY CERTIFY that the foregoing testimony was read to the claimant
before it was signed by him; that the said witnesses attested to the truth and veracity
of the statements contained herein; and that they acknowledged to me that the said
statements are to the best of their information, knowledge and belief., true and
correct;
Witness my hand this _____ day of _________ 19__ in the Municipality of
_______________________________ Province of _____________________
______________________________
(Officer authorized to administer oaths
under Section 103, Commonwealth Act
No. 141, as amended)
______________________________
(Official Title)
Documentary Stamp
H. A. No.
Applicant
x----------------------------------------x
55
_________ and was approved on _______ for a tract of land described in the caption
hereof;
2. That the applicant is not the owner of more than twelve (12) hectares of
land and is qualified to acquire a homestead;
3.
That the required homestead fees have already been fully paid;
4. That the land applied for has been classified as alienable and disposable
and is subject to disposition under the Public Land Act;
5. That the final proof papers which have been submitted in connection with
this application were found upon examination to have been properly accomplished;
6. That upon investigation conducted by the Land Investigator/Inspector
whose report was duly indorsed by the Community Environment and Natural
Resources Officer certifying the statements contained in the final proof papers, it was
found that the applicant has fully complied with the residence and cultivation
requirements of the laws;
7. That there is no adverse claim to the land covered thereby still pending
determination; and
8. That the claim of the applicant is in all other respects complete and there
is no record in this office of any obstacle to the issuance of patent;
In view of the foregoing facts, the undersigned is of the opinion that the
applicant has complied with the requirements of the law necessary for the issuance of
patent to the land applied for.
WHEREFORE, the final proof submitted on this application is hereby
approved and patent to the land shall be prepared for issuance in favor of the
applicant. Once prepared, the said patent, together with this order and the entire
records of this case, shall be submitted to the Office ______________ of for signature
and issuance.
SO ORDERED.
56
COPY FURNISHED:
1st Indorsement
Returned to the Provincial Environment and Natural Resources Officer,
DENR-PENRO, Homestead Patent No. _______ has been signed and is issued as of
______________________________________________
AO No. 38, s. 1990, authorizes the following officials to sign homestead
patents: DENR Secretary for areas more than 10 hectares; RED for areas more
than 5-10 hectares; PENRO for areas up to 5 hectares.
SUBJECT:
Sir/Madam:
With reference to the proposed transfer of homestead rights executed in your
favor by ________ involving the land covered by Homestead Application No.
________, I wish to inform you that favorable action cannot be taken thereon it
appearing from our records that prior to the execution of the proposed transfer, an
Order of Issuance of Patent had been issued by this office in favor of the applicant on
______. In the case of Nievas Tinio, et al, vs. Gregorio Frances, et al (G.R. No.
L-7477) decided on November 29, 1955, the Supreme Court laid down the doctrine
that "if the law (Section 118, Commonwealth Act No. 141, as amended) prohibits the
sale or conveyance of a homestead after the issuance of a patent, the prohibition
should be extended, in view of the apparent policy of the law to the date on which the
Copyright 1994-2016 CD Technologies Asia, Inc.
57
H. A. No.
x Lot No.
Applicant:
: Barangay of
Successors:
: Municipality of
Representative:
: Province of
x-----------------------------------------x
ORDER: SUCCESSION AND ISSUANCE OF PATENT
Copyright 1994-2016 CD Technologies Asia, Inc.
58
That the applicant was not the owner of more than twelve (12) hectares of
4.
land;
5. That the final proof papers which have been submitted in connection with
this application were found upon examination to have been properly accomplished;
6. That in an investigation for the purpose of verifying the statements
contained in the final proof papers conducted by Land Investigator/Inspector
_____________ whose report was duly indorsed to Community Environment and
Natural Resources Officer ______________ it was found that the applicant and his
successors have fully complied with the residence and cultivation requirements of the
law; and
7. That there is no adverse claim to the land applied for still pending
determination.
In view of the foregoing facts, the undersigned is of the opinion that the
applicant and his successors have complied with all the requirements of the law
preliminary to the issuance of patent for the said land.
WHEREFORE, the final proof submitted on this application is hereby
approved and patent should be prepared for issuance in favor of the heirs of the
applicant. Once prepared, the said patent, together with this order and the entire
records of this case shall be submitted to the Office of __________________ for
signature and approval.
SO ORDERED.
59
_____________________
COPY FURNISHED:
1st Indorsement
Returned to the Provincial Environment and Natural Resources Officer
DENR-PENRO, Homestead Patent No. ______ has been signed and is issued as of
_____________________________
AO No. 38, s. 1990, authorizes the following officials to sign homestead
patents: DENR Secretary for areas more than 10 hectares; RED for areas above
5-10 hectares; PENRO for areas up to 5 hectares.
The
to
60
_______________.
The applicant has _____ resided on the land in the municipality where the land
lies/ in the municipality adjacent to it from ____________ and has paid the amount of
____________ corresponding to the required homestead fees as evidenced by O.R.
No. _____ dated _____________.
There are _____________ claimants whose names and addresses are:
_____________________________________________________________
The
applicant died on ________ (a) He was legally married to ________ who has been
occupying and cultivating the land since his death, or (b) He has never been legally
married, but (c) The following are his nearest heirs:
1. ____________________________ 2. ___________________________
3. ____________________________
The above heirs are the ____________________________________
(state their relationship to the deceased)
REMARKS:
___________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Land Inspector/Investigator
1st Indorsement
Respectfully forwarded to the ____________________ with the information
that the undersigned has examined the above inspection report and believes that the
statements therein contained are correct. It is therefore recommended that patent be
____________________ issued to the applicant.
Community Environment
and Natural Resources Officer
SUBJECT:
Copyright 1994-2016 CD Technologies Asia, Inc.
61
CENRO
62
COPY FURNISHED:
x Lot No.
:
____________________
:
Applicant-Transferor
:
H.A. No. ________ (E-________) x Lot No.
____________________
:
Applicant-Transferee
:
x-------------------------------------------x
63
Secretary/
64
The Applicant-Transferor
The Applicant-Transferee
The Provincial Assessor
The CENRO
Republic of the Philippines
Department of Environment and Natural Resources
SUBJECT:
Appl. No.
Applicant:
Location:
The CENRO
Sir:
In order that patent for the land covered by the above-noted application may be
issued in favor of the applicant, you are hereby directed to comply immediately with
the requirements herein below indicated by "X" mark:
___ 1. The final proof presented by the applicant is not properly accomplished.
Require him/her to submit another final proof, forms for which are herewith
enclosed.
___ 2. Ascertain the correct tract of land applied for, whether it corresponds to Lot
No. _____ or Lot No. _____.
___ 3. This application was approved for _____ hectares only, but the survey records
show that it covers _____ hectares. Explain the discrepancy.
___ 4. Submit
the
duplicate
original/certified
true
copy
_______________________________________________________.
of
for
___ 6. Previous reports show that the applicant has cultivated only _____ hectares out
of _____ hectares. Conduct another final investigation with a view to finding
Copyright 1994-2016 CD Technologies Asia, Inc.
65
out whether the said applicant has already fully cultivated the land applied
for/increased the cultivation to at least one-fifth (1/5) of the area applied for.
___ 7. Inform this Office of the true civil status of the applicant; if married, the
correct name of the husband/wife.
___ 8. The report stated that the land applied for has been acquired thru inheritance.
Ascertain the other heirs; and, if of legal age, their consent in writing should be
secured, and, if minor, the consent should be obtained from the legal guardian.
___ 9. Please conduct final investigation anew in accordance with standing
instructions on the matter.
__ 10. Inform us of the Classification Project Number of the land applied for as
established by the Forest Management Bureau.
__ 11. The area and boundaries of the land applied for in the sketch drawn at the
dorsal side of the final investigation report do not tally with those in the plan
for the same land as verified and approved by the Surveys Division. Explain in
writing the discrepancy.
__ 12. Require the applicant to execute and submit the enclosed form affidavit of
responsibility.
__ 13. Submit sketch of the land in accordance with Lands Circular No. 28-25 dated
August 1, 1950.
COPY FURNISHED:
66
x Lot No.
:
____________________
:
Applicant-Transferor
:
H.A. No. ________ (E-________) x Lot No.
____________________
:
Applicant-Transferee
:
x-------------------------------------------x
ORDER: TRANSFER OF HOMESTEAD RIGHTS
The transfer to ______________ of the homestead rights acquired under
Homestead Application No. _____(E-____) filed by ____________, the herein
transferor, for a tract of land of ________ hectares, located in the barrio of
__________, municipality of _________, province of ____________ is sought in an
instrument of conditional transfer submitted in due form, in accordance with Section
20 of Commonwealth Act. No. 141, as amended.
From the records available in this Office and from the report of findings of its
representative who investigated this proposed transfer, it appears:
1. That the aforesaid application was duly filed on ____________ by
_____________ for the tract of land herein above-described and the same was
approved on ______________;
2. That the transferor has complied with all the requirements of the law, but
could not continue with the homestead thru no fault of his own;
3. That the transferee, who has already filed a homestead application for the
same land, is a bonafide purchaser of the rights and improvements of the applicant on
the land, and is legally qualified to apply for a homestead;
4. That the conveyance is not for the purpose of speculation and in all other
respects, conforms with all the requirements prescribed by Section 20 of
Commonwealth Act No. 141, as amended;
5. That the transferee is the one really and actually interested in the transfer
and is not merely a dummy applicant;
6. That no person other than the transferee is interested in the transfer, either
directly or indirectly;
Copyright 1994-2016 CD Technologies Asia, Inc.
67
__________________
COPY FURNISHED:
68
hand
in
69
________________________
Transferor
_______________________
Transferee
_______________________
Witness
_______________________
Witness
_________________________________
(Officer authorized to administer oaths)
(Documentary Stamp)
70
following Officers:
a)
b)
c)
Any Notary Public of the province in which the land lies, and
d)
x
:
Applicant
x-------------------------------------------x
ORDER
As the land applied for was the subject of a valid homestead entry on
_________________ and the applicant since then has complied with all the
requirements for a lawful entry, the order of this office dated _________ approving
the above-noted application is hereby modified so that the entry granted therein shall
be made effective as of ______________
SO ORDERED.
Community Environment
and Natural Resources Officer
COPY FURNISHED:
71
SUBJECT
The CENRO
Sir:
In order that appropriate action may be taken on the proposed transfer to
______________ of the rights and interests of ________ in the land covered by his
application above-noted, please comply immediately with the requirements
hereinbelow indicated by (X):
___ 1. Require the applicant-transferee to file his homestead application and to pay
the homestead fee of Fifty Pesos (P50.00).
___ 2. Require the parties involved to execute another Deed of Transfer.
___ 3. Refer the deed of conveyance to the Provincial Governor or City Mayor for his
approval, pursuant to the provisions of Section 120 of Commonwealth Act.
No. 141, as amended.
___ 4. Collect the transfer fee of P_______ as required by Lands Administrative
Order No. 45 effective October 6, 1983.
___ 5. Collect the amount of P_______ more so as to complete the ________ fee.
___ 6. Submit the sketch of the land sought in the transfer in accordance with Lands
Circular No. R-26.
___ 7. Ascertain the other heirs of the deceased applicant, and, if of legal age, their
consent in writing should be secured and, if minor, the consent of their legal
guardian in writing should be submitted.
72
620
COPY FURNISHED:
CHAPTER 5
Processing Public Land Application for Sales and Lease
5.1 Sales application for agricultural purposes
Sales Application (SA) for agricultural purposes is in Chapter V of the Public
Land Act (CA 141, as amended).
5.1.1 Checklist in the preparation and issuance of Sales Patent
1.
2.
3.
Appraisal report
4.
5.
6.
7.
Notice of Sale
8.
9.
Report of bidding
10.
Order of Award
11.
12.
73
13.
14.
15.
b.
2.
74
3.
4.
5.
6.
The bid must not be less than 10% of the appraised value of
the land.
75
7.
whether the bidding was held at the place, date, and time
specified in the notice.
8.
9.
10.
11.
12.
of
the
Order
of
Award
to
76
13.
5.2
2.
3.
Appraisal report.
4.
5.
77
purposes.
6.
7.
8.
9.
Notice of Sale.
10.
11.
12.
Order of Award.
13.
14.
15.
16.
17.
78
2.
3.
4.
5.
6.
7.
79
9.
10.
The bid must not be less than 10% of the appraised value of
the land.
whether the bidding was held at the place, date, and time
specified in the notice.
NOTE: Sealed bidding may be conducted only when the applicant has
introduced improvements on the land by virtue of a permit issued by a
competent authority.
11.
12.
80
14.
15.
16.
5.4
2.
81
3.
Appraisal Report.
4.
5.
6.
7.
8.
9.
10.
Notice of Sale.
11.
12.
Order of Award.
13.
14.
15.
16.
Filipino citizenship
Environment and Natural Resources 2016 First Release
82
2.
3.
b.
c.
d.
the correct lot and area, if surveyed and is not more than
1,000 sq. m.
83
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
84
14.
15.
5.5
Lease Application.
2.
3.
4.
Appraisal report.
5.
6.
85
7.
8.
9.
10.
11.
Order: Award.
12.
13.
Lease Contract.
14.
15.
16.
86
2.
3.
87
4.
whether the bidding was held at the place, date, and time
specified in the notice.
5.
6.
7.
8.
9.
10.
88
11.
5.7
2.
3.
Appraisal report.
4.
5.
6.
7.
8.
9.
10.
11.
89
12.
13.
Order: Award.
14.
15.
Lease Contract.
16.
17.
18.
90
2.
3.
4.
the correct lot no. and area. The maximum area is 500
hectares for an individual and 1,000 hectares for a
corporation.
5.
6.
91
7.
8.
whether the bidding was held at the place, date, and time
specified in the notice.
9.
10.
11.
12.
92
14.
SALES APPLICATION
93
94
______________________
(Signature of Applicant)
Taxpayer Account No. ____________
AFFIDAVIT
95
_____________________
(Applicant)
Before me, at the place aforesaid, on this ___ day of __________ 19__,
personally appeared ______________________ known to me to be the person whose
name appears in the foregoing application and who subscribed and swore to this
affidavit. He exhibited to me his/her Residence Certificate No. __________ issued at
_______________ on the ____________ day of __________19__ which shows him
on the date of said certificate to be ______ years old.
________________________
(Officer Authorized to
Administer Oath)
________________________
(Official Title)
(SKETCH OF LAND)
96
1.
2.
3.
4.
This application is made in good faith for the exclusive benefit of the applicant
and not either directly or indirectly, for the benefit of any other person,
corporation, association or partnership, and for the actual purpose of using the
land for the object specified in this application and for no other purposes. I will
97
not sell, assign, transfer, sublet or in any manner encumber the land or the right
or rights that I may acquire, without the approval of the Secretary of
Environment and Natural Resources first had been obtained as provided in
Section 40 of Commonwealth Act 141, as amended.
5.
I agree to defray all expenses that might be incurred in the survey of the land
applied for, in advertisement of this application and other legal and necessary
expenses and to deposit on account thereof such amount as the Regional
Executive Director may require, and to conform to delimitation, classification,
survey or resurvey of the land herein applied for.
6.
That I agree that a strip forty meters wide starting from the bank on each of
any river or stream that may be found on the land I applied for, shall be
demarcated and preserved as permanent timberland to be planted exclusively
to trees of known economic value, and that I shall not make any clearing
thereon or utilize the same for ordinary farming purposes even after patent
shall have been issued to me or a contract of lease shall have been executed in
my favor. (Note: Not applicable if land applied for is for residential, industrial
or commercial purposes)
7.
8.
________________________
Signature of Applicant
Copyright 1994-2016 CD Technologies Asia, Inc.
98
AFFIDAVIT
______________________
(Applicant)
Before me, at the place aforesaid; on this ____ day of ______19,__, personally
appeared ____________, personally known to me to be the person whose name
appears in the foregoing application, and in my presence he signed the said
application and subscribed and sworn to this affidavit.
The affiant exhibited to me his Residence Certificate No. ________ issued at
__________ on the day of ___________, 19__ which shows him at the date of said
residence certificate to be __________ years of age, and a native of ____________.
________________________________
(Officer authorized to administer oath)
Doc. No. _________;
Page No. _________;
Book No. _________;
Series of _________.
99
SUBJECT:
:
:
:
:
:
:
:
:
:
:
100
improvements, whether its use and occupation by the applicant will obstruct
navigation, whether for some other reasons, the said land should not be disposed of
and, if needed for public improvements whether the corresponding funds have been
appropriated for the purpose.
Early attention hereto will be appreciated.
COPY FURNISHED:
:
:
Area
:
Appraised) Land:
Value of) Improvements:
Reference
:
No bid shall be accepted that does not equal at least two-thirds (2/3) of the
appraised value of the land. In order that a person may be entitled to participate in the
bidding, he must, before the commencement thereof, make a deposit of at least ten per
centum (10%) of his bid. A person bidding in representation of another may do so
under a duly executed power of attorney. During the bidding, the bidder has to make
an additional deposit every time his bid is raised to complete the 10% of his raised
Copyright 1994-2016 CD Technologies Asia, Inc.
101
bid; otherwise, such bid as raised shall not be accepted. The right is reserved to reject
any or all bids. Only deposit in cash, money order, certified check, cashier's check
and manager's check can be accepted.
Note: This notice is for townsite sales application only.
:
:
Superficie
:
Valor de Tasacion :
Valor de Las Mejoras:
Referencia
102
Sir:
I have the honor to inform you of our receipt of the following application:
Name of Applicant
Kind of Application
Purpose
Date of Filing
Location of Land
Barrio
Municipality
Province of
Descriptions
Boundaries
Area
:
:
:
:
:
:
:
:
:
:
COPY FURNISHED:
:
Environment and Natural Resources 2016 First Release
103
Descripcion
Linderos
:
:
Superficie
:
Valor de Tasacion
:
Valor de las mejoras existentes :
Solicitado por
104
SUBJECT:
Application
No.__________
of __________________
for the tract of land in the
Municipality of __________
Province of _____________
1st Indorsement
Respectfully returned to the Director of Lands, Manila, with the information
that the copies of the notice above-mentioned were posted on the bulletin board of the
_________________ building of _________________ on __________________ and
remain so posted up to ___________________ _____________________.
_____________________
Treasurer
Republic of the Philippines
Department of Environment and Natural Resources
SUBJECT:
The Editor,
Sir:
I wish to enclose two (2) copies in ___________ of a notice of
__________________________________ of the land applied for by
________________ under ____________________________ Application No.
____________.
It is requested that this notice be published in your newspaper once a week for
a period of six (6) consecutive weeks, on or before _____________ the printing to be
Copyright 1994-2016 CD Technologies Asia, Inc.
105
106
107
Should my bid be accepted, I will comply with all the requirements of law and
regulations as well as the terms and conditions under which the award is made.
Should I be declared the successful bidder, I will pay the advertisement and
survey expenses and other legal charges. I am also enclosing an application duly
accomplished in quadruplicate for the land above-mentioned. (Applicants who have
filed their regular purchase application need not submit the application called for
herein).
Application No.
Applicant
ORDER OF AWARD
From the records of this Office, it appears:
1. That the above-noted application was filed on _______________ by
________________________ for ___________ purposes for a tract of land described
as follows:
Location
108
Area
Descriptions :
Boundaries :
(See sketch at the back hereof)
2. That upon investigation conducted by the representative of this Office
and the Department of Public Works and Highways, it was found that the land is
suitable for the purpose to which it will be devoted, free from private claims and
conflicts and not needed for future public improvements;
3. That the appraisement of the land at _______________________ having
been approved by the __________________________, notice calling for bids
therefore was duly advertised in accordance with law; and
4.
109
2. The land shall be subject to the easements and servitudes provided for in
Section 109-114 of Commonwealth Act 141, as amended.
3. The land shall not be subdivided, nor shall the rights thereto be
encumbered or conveyed without the previous consent of the Secretary of
Environment and Natural Resources.
4. The applicant shall not permit either by contract or otherwise any other
person, corporation, association, or partnership to have any interest in, or rights to, the
improvements now existing or that may hereafter be introduced on the land applied
for without the previous consent of the Secretary of Environment and Natural
Resources.
Non-compliance with any of the terms and conditions hereof and/or of the
rules and regulations governing the sale of public lands will result in the rescission of
the sale and the cancellation of the application in which event, whatever payments
that might have been made on account of the said application as well as the
improvements introduced on the land shall be forfeited to the Government.
The DENR-CENRO ______________________ is hereby directed to see to it
that the provisions of this award regarding the construction of the improvements
appropriate for the purpose for which the land is purchased within the period herein
stipulated are complied with, and to submit a report forthwith upon notice of
non-compliance.
SO ORDERED.
COPY FURNISHED:
M.S.A. No.
110
Applicant
ORDER: AWARD
From the records of this Office, it appears:
1. That the above-noted application was filed on _______________ by
_____________________________ for a tract of land situated in the place indicated
above, for residential purposes, more particularly described as follows:
Location
Area
Description :
Boundaries :
2. That upon investigation conducted by a representative of this Office, the
Department of Public Works and Highways, it was found that the land applied for is
suitable for the purpose to which it will be devoted, not needed by the Government
for future public improvements, and free from private claims and conflicts;
3. That the applicant is not the owner of a homelot in the municipality of
____________ province of ________________ except the land applied for and that
he has in good faith established his residence thereon and has constructed a house
where he is actually residing; and
4. That the appraisement of the land at P_______ per square meter having
been approved by the ______________________ and the private sale thereof to the
applicant having been authorized under Republic Act No. 730 as amended by P.D.
2004, the applicant deposited to this Office the amount of P________ under Official
Receipt No. ______________ dated ______________ representing 10% of the
appraised value of the land.
It appearing that the proceedings had in connection with the Miscellaneous
Sales Application No. _____________ were in accordance with law and existing
regulations, the land covered thereby is hereby awarded to the applicant
__________________________ at P_______ per square meter or P______________
Copyright 1994-2016 CD Technologies Asia, Inc.
111
SO ORDERED.
Copyright 1994-2016 CD Technologies Asia, Inc.
112
SUBJECT:
113
2.
That said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from _____________ to
__________________.
Applicant
___________________
SUBSCRIBED AND SWORN TO BEFORE ME, this _____________ day of
_______________ 19___. The affiant exhibiting his/her Residence Certificate
____________ No. A ____________ issued at ______________
114
Area
Description :
2. That a representative of this Office inspected the land and found the same
to be inside the agricultural zone and free from private claims and conflicts;
3. That the appraisement of the land applied for at ______________ having
been approved by the _____________________, notice calling for bids therefore was
duly published in accordance with law; and
4. That at the auction sale of the land held on _________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
___________________________________________________________.
In view of the foregoing, and it appearing that the proceedings had in
connection with _______________ Sales Application No. _____ were in accordance
with law and existing regulations, the land covered thereby is hereby awarded to the
____________________________________________.
The deposit of the ________________ in the amount of P______ shall be
credited as partial payment of the purchase price of the land and the balance thereof
amounting to P__________ shall be paid in not more than ten (10) equal annual
installments, that is P_________ on the ______ day of _________ every year
beginning ___________ until the full amount is paid, provided that he may at any
time, pay in full the remaining installments before they become due and payable. Any
amount due and remaining unpaid shall bear interest at 4% per annum from the date
the sum is due until paid.
This award shall further be subject to the provisions of Commonwealth Act
No. 141, as amended, and particularly to the following conditions:
Copyright 1994-2016 CD Technologies Asia, Inc.
115
1. The applicant shall, by himself and not through share tenants pursuant to
Presidential Decree No. 152, dated March 13, 1973, occupy and cultivate the land
immediately or not later than six months from the date of the award, and shall so
occupy and cultivate the same continuously until the issuance of patent therefor, and
shall have at least one-fifth (1/5) of the area actually occupied, improved and
cultivated in order to be entitled to a patent;
2. The land shall be subject to the easements and servitudes provided for in
Sections 109-114 of Commonwealth Act No. 141, as amended;
3. The land shall not be subdivided, nor shall the rights thereto be
encumbered or conveyed without the previous consent of the Secretary of
Environment and Natural Resources;
4. The applicant shall not permit, either by contract or otherwise, any other
person, corporation, association, or partnership to have any interests in, or rights to,
the improvements now existing or that may hereafter be introduced on the land
applied for without the previous consent of the Secretary of Environment and Natural
Resources;
5. The applicant must keep not less than one-tenth of the land planted to
forest trees of economic value; and
6. The land granted herein shall not be used for any purpose other than that
for which said land was applied and any change in land use shall be subject to the
approval of the Housing and Land Use Regulatory Board.
Non-compliance with any of the terms and conditions hereof and/or of the
rules and regulations governing the sale of public lands will result in the rescission of
the sale and the cancellation of the application, in which event, the land shall revert to
the state and whatever payments that might, have been made on account of the said
application as well as the improvements introduced on the land, shall be forfeited to
the Government.
The DENR-CENRO _________________________ is hereby directed to see
to it that the provisions of this award regarding the occupation and cultivation of the
land by the applicant himself and not through share tenants within the period herein
stipulated are complied with, and to submit a report forthwith upon notice of
non-compliance.
116
SO ORDERED.
COPY FURNISHED:
SAMPLE FORM
Republic of the Philippines
Department of Environment and Natural Resources
SUBJECT:
Sir :
With reference to your above-noted application covering a tract of land
situated in _____________________, please be informed that the appraisal of the
land at P________ per square meter/hectare or P_______________ for the whole
tract of ____________ square meters/hectares and the improvements thereon at
P____________ was approved by the ___________________ ____________.
As the total appraised value of the land applied for is more than P240.00 the
notice of lease/sales will have to be published in the newspapers and in the Official
Gazette. In order that the notice of lease/sales may be prepared for publication, please
send to this Office within sixty (60) days from the date hereof, two (2) separate Postal
Money Orders one in the amount of P_________ payable to the Director of Printing,
the other Postal Money Order in the amount of P___________ which is the estimated
cost of publishing the notice of lease/sales in the Spanish newspaper and in the
Official Gazette once a week for a period of six (6) consecutive weeks aside from the
English newspaper wherein the notice of lease/sales in English has to be published. It
is therefore requested that we be informed of the name of the English newspaper of
general circulation in that ____________________ where you wish to have the notice
of lease/sale in English be published once a week for a period of six (6) consecutive
Copyright 1994-2016 CD Technologies Asia, Inc.
117
weeks, so that we can send to you the materials to be published of which you will also
defray the publication expenses thereof. In case the expenses of advertising should
exceed the amount, this Office will call on you to make further deposit to cover the
excess.
Failure to receive the amount requested as well as the name of the English
newspaper thereat within the aforementioned period may cause this Office to presume
that you are no longer interested in your application of which the same may be
rejected. It is requested that you pay the said amount as soon as possible.
SUBJECT:
Sir/Madam:
Enclosed are three (3) copies each in English and Spanish of the notice of
auction pertaining to your above-noted application for a tract of public land in the
barrio of ______________ municipality of _______________ province of
________________. It is requested that one copy in English and one copy in Spanish
be posted in each of the following places on or before _____________________ and
that such copies of the notice be made to remain so posted for a period of six (6)
consecutive weeks immediately following said date:
1.
2.
118
have been duly posted as herein indicated. Upon accomplishment of the affidavit, it
should be submitted to the ___________________ at _____________________ with
your bid.
Your bid for the land should be submitted on or before the time on the date of
auction. You must either personally attend the bidding or be duly represented with
special power of attorney so that your bid may be raised when necessary.
COPY FURNISHED:
119
Sir:
I have the honor to inform that the following application to ___________
public land for agricultural purposes has been filed in this Office:
Application No.
Location of Land
Description
Boundaries
:
:
:
:
Area
Appraised ) Land
Value of ) Improvements
:
:
:
(Rec. by ______________
Upon investigation conducted by this Office, it was found that the land applied
for is free from private claims and conflicts and open to disposition according to law,
and that the applicant is financially able to utilize the area for the purpose to which it
will be devoted.
In view of the foregoing, it is recommended that the appraisal be approved in
accordance with Section 116 of the Public Land Law, Commonwealth Act No. 141,
as amended, and that this Office be authorized to ___________ the land in
accordance with the provisions of the same Act.
Pertinent papers are hereto attached.
120
:
:
:
Area
:
Appraised ) Land :
Value of ) Existing Improvements:
Applied for
SAMPLE FORM
Republic of the Philippines
Department of Environment and Natural Resources
Copyright 1994-2016 CD Technologies Asia, Inc.
121
SUBJECT:
Sir:
With reference to your above-noted application covering a tract of land
situated in ____________________, please be informed that the appraisal of the land
at P_________ per square meter/hectare or P______________ for the whole tract of
________ square meter/hectares and the improvements thereon at P _______ was
approved by the _____________________________.
As the total appraised value of the land applied for is more than P240.00 the
notice of lease/sales will have to be published in the newspapers and in Official
Gazette. In order that the notice of lease/sale may be prepared for publication, please
send to this Office within sixty (60) days from the date hereof, two (2) separate Postal
Money Orders one in the amount of P________ payable to the Director of Printing,
the other Postal Money in the amount of P___________ which is the estimated cost
of publishing the notice of lease/sales in the Spanish newspaper and in the Official
Gazette once a week for a period of six (6) consecutive weeks aside from the English
newspaper wherein the notice of lease/sales in English has to be published. It is
therefore requested that we be informed of the name of the English newspaper of
general circulation in that _____________ where you wish to have the notice of
lease/sale in English be published once a week for a period of six (6) consecutive
weeks, so that we can send to you the materials to be published of which you will also
defray the publication expenses thereof. In case the expenses of advertising should
exceed the amount, this Office will call on you to make further deposit to cover the
excess.
Failure to receive the amount requested as well as the name of the English
newspaper thereat within the aforementioned period may cause this Office to presume
that you are no longer interested in your application of which the same may be
rejected. It is requested that you pay the said amount as soon as possible.
122
Sir:
I have the honor to inform that the following application to ___________
public land has been filed in this Office under Chapter IX or XI of the Public Land
Law, Commonwealth Act No. 141, as amended:
Application:
Date of Filing
:
Location of Land
:
Descriptions
:
Boundaries
:
Area
:
Appraised ) Land
:
Value of ) Existing Improvements:
Purpose
(Rec. by _______________
Upon investigation made by this Office and the Department of Public Works
and Highways, it was found that the land applied for is free from private claims and
conflicts and is not needed for the public service, and that the applicant is financially
able to introduce improvements appropriate for the purpose to which the land will be
devoted. It was also found that the land is disposable under Chapter IX or XI of the
Public Land Law.
In view of the foregoing, it is recommended that the appraisal be approved in
accordance with Section 116 of Commonwealth Act No. 141, as amended, and that
this Office be authorized to proceed with the sale or lease of the land in accordance
with the provisions of the same Act.
The papers pertaining to the above-mentioned application are hereto attached.
123
Sir:
I have the honor to inform that the following application to purchase public
land has been filed in this Office under Republic Act No. 730 (as amended by PD
2004), in relation to Chapter IX of the Public Land Law, Commonwealth Act No.
141, as amended:
Misc. Sales Application
Date of Filing
Location of Land
Descriptions
:
:
:
:
Area
:
Appraised ) Land
:
Value of ) Existing Improvements
P u r p o se
Residential
(Rec. by ____
Upon investigation made by this Office and the Department of Public Works
and Highways, it was found that the land applied for is free from private claims and
conflicts and is not needed for the public service, that the applicant has introduced
improvements appropriate for the purpose to which the land is devoted, that he had
been continuously occupying the building constructed thereon and is actually residing
therein, and that he is not the owner of any other home lot in ______________. It was
found that the said land is disposable under Republic Act No. 730 (as amended by PD
2004), in relation to Chapter IX of the Public Land Law.
In view of the foregoing, it is recommended that the appraisal be approved in
accordance with Section 116 of Commonwealth Act No. 141, as amended, and that
this Office be authorized to proceed with the private sale of the land to the applicant
in accordance with Republic Act No. 730 (as amended by PD 2004), in relation to
Copyright 1994-2016 CD Technologies Asia, Inc.
124
SAMPLE FORM
NOTICE
It is hereby announced that _________________________ of
___________________, has applied in this Office for the purchase, without public
auction, under his/her Miscellaneous Sales Application No. ____________, for
residential purposes of _______________, situated in _______________ containing
an area of _____________________ in accordance with Republic Act No. 730 (as
amended by PD 2004).
By virtue of the authority granted by the ________________, this Office will,
without public auction, sell to the applicant, ________________ the said parcel of
land on ______________________________, for ________ ________ (P_______)
FOR THE WHOLE TRACT, in accordance with the said Republic Act No. 730 (as
amended by PD 2004).
If there is any adverse claim to this land, such claim must be filed at the
Community Environment and Natural Resources Office at ___________,
___________ on or before the date of sale; otherwise, the said claim shall forever be
barred.
________________
Date
SAMPLE FORM
125
Sir:
I have the honor to certify that on ___________19___, I personally visited and
examined the land covered by _________ Application No. ______ of
______________ located in the sitio of ____________ barrio of __________,
municipality of ______________, Province of _______________ and found:
1. That the land is described as follows: (Give an accurate description of the
physical condition of the land as possible, not omitting to mention the kind and
approximate age of vegetation of trees growing as well as improvements found
thereon, such as fruit trees, fences, houses, clearing, etc., giving kind, number and age
thereof,
by
whom
planted
or
made
_______________
____________________________________________________________________
_______________________________________.
2. That the land is approximately __________ kilometers from the nearest
provincial road from _________ to ________ and is easily accessible from (Give
name of town, barrio or sitio) _____________________ (State means of
transportation to the land and description of the way; state whether it is public or
private road, trail or a right of way) _____________.
3. The applicant has ___________ placed posts or signs on the corners of
the tract of land applied for and cut a trail along its boundaries as required by the
regulation of the DENR and he was advised to maintain the same.
4. That the tract of land applied for is inside the _______________ zone
(classification project No. ________) established by the Forest Management Bureau
(If the land is within unclassified region, state some if it not sufficient to state that the
land is outside the forest zone).
5. That the tract of land applied for is ___________________ claimed by
_______________ whose post office address is __________________ (In case of
claim and conflicts a separate detailed report must be submitted).
6.
That the applicant has ____________ been occupying and cultivating the
126
127
_________________________
Spl. Investigator/Land Inspector
Dep. Pub. Land Inspector
128
FIRST INDORSEMENT
__________________
Respectfully forwarded to the _________________________.
Recommending that the above application be _____________.
Signature: ______________
Type Name ______________
Title
______________
SAMPLE FORM
SUBJECT:
Sir:
I have the honor to submit herewith a draft of the lease contract affecting the
land covered by _____________________ situated in ________________, for
approval and signature of the _______________________, if, in his opinion, upon
consideration of the enclosed papers, said lease contract is proper. The said draft has
been prepared in accordance with the provisions of the law on the matter and the
correctness of the facts stated therein is hereby certified to.
It is recommended that the lease contract be approved.
129
SAMPLE FORM
SUBJECT:
Sir:
I am enclosing herewith eight (8) copies of the lease contract affecting the land
covered by your (Application) with the request that the same be signed by you and
two (2) credible witnesses before a Notary Public. It is also requested that P9.00
worth of documentary stamp be affixed to page seven (7) of the original of said lease
contract. Thereafter, the original of said lease contract and other seven (7) copies
should be returned to this Office for the approval and signature of the Secretary of
Environment and Natural Resources.
ORDER : AWARD
From the records of this Office it appears:
130
:
:
:
:
(See sketch at the back hereof)
131
This award shall further be subject to the provisions of the Public Land Law,
Commonwealth Act 141, as amended:
1. The applicant shall have not less than one third of the land broken and
cultivated within five years after the date of the approval of the lease;
2. The land shall be subject to easements and servitudes provided for in
Sections 109-114 of Commonwealth Act No. 141, as amended;
3. The land shall not be subdivided, encumbered or conveyed without the
previous consent of the ___________; and
4. The applicant shall not permit, either by contract or otherwise, any other
person, corporation, association, and partnership to have any interest in, or rights to,
the improvements now existing or that may hereafter be introduced on the land
applied for without the previous consent of the ______________ ___________.
Non-compliance with any of the terms and conditions hereof and/or of the
rules and regulations governing the lease of public lands will result in the revocation
of the lease, the cancellation of the application and the forfeiture to the Government
of the improvements introduced on the land.
The DENR Community Environment and Natural Resources Officer,
___________________ is hereby directed to see to it that the provisions of this award
regarding the occupation and utilization of the land leased within the period herein
stipulated are complied with, and to submit a report forthwith upon notice of
non-compliance.
So ordered.
COPY FURNISHED:
132
Sir:
Referring to your advertisement in the __________________ in which you call
for bids for the right to lease the land described in __________ Application No.
_______ of ____________________ I have the honor to submit herewith my bid of
_____________________ (P________) PESOS as rental for one year, which is
equivalent to/or more than 3% of the appraised value of the land plus 1% of the
appraised value of the improvements, existing and/or proposed.
Enclosed herewith is ____________ (cash, postal money order or certified
check payable to the Director of Lands) ____________ No. ________ in the sum of
_________________ (P_____) which is equal to the rental for 3 months.
Should my bid be accepted and the right to lease the land awarded to me, I
obligate myself to comply with all the requirements of the law and regulations as well
as the terms and conditions under which the award is made. This bid therefore is
submitted, and it is my understanding that it will be considered, as my agreement to
accept all the terms and conditions provided for by existing laws and regulations for
the lease of public lands.
Should I be declared the successful bidder, I further obligate myself to pay the
advertisement and survey expenses and other legal charges. I am also enclosing
herewith an application, in duplicate, duly executed for the tract of land
above-mentioned.
_____________________
Applicant/Bidder
Post Office Address:
____________________
____________________
(Note: All applicants who have filed the regular lease application need not
submit another application)
133
2.
The said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from __________ to _____________.
Applicant
________________
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of
_________ 19___. The affiant exhibiting his/her Residence Certificate No. ________
issued at ______________.
134
:
:
Area
:
Appraised value of land:
Value of existing improvements:
Applied for by:
All bids must be sealed and submitted to _____________ at __________, and
plainly marked "Bid for the lease of the land covered by Lease Application No.
____________". Bids must be on forms prescribed by the _____________ and must
be accompanied with cash, money order, certified check, cashier's check and
manager's check for a sum equivalent to at least three (3) months' rental. Award will
be made to the person offering the highest annual rent, which in no case shall be less
than three per centum (3%) of the value of the land. No officer or employee of the
_____________ may act as the bidder's representative. The right is reserved to reject
any
or
all
bids.
For
further
particulars
apply
to
the
_____________________________.
The successful bidder if other than the applicant must reimburse the latter of
the expense for the publication of the notice of auction.
135
Situacion
Descripcion
:
:
Superficie
:
Valor de tasacion :
Valor de mejoras :
Solicitado por:
Si el mejor postor no fuese el mismo solicitante aquel reembolsara a este los
gastos de publicacion del aviso de subasta __________________.
Se presentaran las ofertas en pliegos dirigidos al ___________ Buro de
Terrenos en ____________, marcando los claramente: "OFERTA pare el
arrendamiento de terrenos descrito en la solicitud de arrendamiento Num.
___________". Las ofertas deberan hacerse en formularios que la Oficina de Terrenos
prescribe pare el caso y somerterse con dinero efectivo, giro postal cheque certificado,
cheque de cajero y cheque de gererte por una suma equivalente a tres (3) meses de
renta por lo menos, segun la oferta. Se hara adjudicacion a la persona que ofrezca la
mas alta renta anual, que ningun caso sera menos del tres (3%) del valor de terreno.
Ningun funcionario de la Oficina de Torrenos podra ser designado como
representante de cualquier postor. Se reserva el derecho de rechazar todas o
cualquiera de las proposiciones. Para mas pormenores dirijanse a la Oficina de
Terrenos.
Note: Instead of Spanish, the Notice of Lease can be published in the local
dialect.
BID AND ACCEPTANCE OF CONDITIONS
Sir:
Referring to your advertisement in the _____________ in which you call for
bids for the right to lease the land described in _____________ Application No.
_______ I have the honor to submit herewith my bid of __________________
(P______) PESOS as rental for one year, which is equivalent to/or more than 3% of
the appraised value of the land.
Enclosed herewith is ____________ (cash) _________
_______________ which is equal to the rental for 3 months.
payable
to
136
Should my bid be accepted and the right to lease the land awarded to me, I
obligate myself to comply with all the requirements of law and regulations as well as
the terms and conditions under which the award is made. This bid therefore is
submitted, and it is my understanding that it will be considered, as my agreement to
accept all the terms and conditions provided for by existing laws and regulations for
the lease of public lands.
Should I be declared the successful bidder, I further obligate myself to pay the
advertisement and survey expenses and other legal charges. I am also enclosing
herewith an application, in duplicate, duly executed for the tract of land
above-mentioned.
__________________
Applicant-Bidder
Post Office Address:
Note: All applicants who filed the regular lease application need not submit another
application.
137
2.
That said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from ____________ to
________________.
Applicant
_________________
SUBSCRIBED AND SWORN TO BEFORE ME, this ________ day of
__________ 19_____. The affiant exhibiting his/her Residence Certificate
_____________ No. A __________ issued at _______________.
138
The right to lease the land will be awarded to the person offering the highest
annual rental, which shall not be less than three percent per centum (3%) of the value
of the land plus one per centum (1%) of the value of the proposed and/or existing
improvements. In order that a person may be entitled to participate in the bidding, he
must be a qualified public land applicant, and must, before the commencement of the
same, make a deposit equivalent to at least three (3) months rental. Only deposit in
cash, money order, treasury warrant, certified check, cashier check or manager's
check can be accepted. A person bidding in representation of another may do so under
a duly executed power of attorney. During the bidding, the bidder has to make an
additional deposit every time his bid is raised, to complete the three (3) months'
rental, otherwise, such bid as raised shall not be accepted. The right is reserved to
reject any or all bids.
(For residential, commercial, industrial purposes)
139
Location
Area
Description :
Boundaries :
(See sketch at the back hereof)
2. That upon investigation conducted by a representative of this Office, the
Department of Public Works and Highways, it was found that the land is suitable for
the purpose to which it will be devoted, not needed by the Government for future
public improvements and free from claims and conflicts;
3
That the appraisement of the land at ______________________ for the
whole tract of ________________________, and of the existing and/or proposed
improvement,
thereon
at
______
and
____________
respectively
___________________ having been approved by the Department of Environment
and Natural Resources, notice calling for bids for the right to lease the land was duly
advertised in accordance with law; and
4. That at the auction of the right to lease the land held on ________, the
only bid received was that of _________________ who offered an annual rental of
____________ and deposited the amount of __________ under Official Receipt No.
______________ dated ________ which is equivalent to three (3) month's rental.
It appearing that the proceedings had in connection with the
__________________________ were in accordance with law and existing
regulations, the right to lease the land covered thereby is awarded to the applicant,
____________________ at a yearly rental of _____________ to be paid annually in
advance on or before the _______ day of _______ each year during the life of this
lease at the DENR-CENRO.
The deposit of the applicant in the amount of _____________ shall be credited
as ___________ payment of the annual rental of the land, and upon full payment of
the yearly rental and survey of the land, the Contract of Lease shall be executed.
All rentals Payable under this lease shall draw interest at the rate of 4% per
annum from and after the date they become due and payable as provided herein.
Copyright 1994-2016 CD Technologies Asia, Inc.
140
This award shall further be subject to the provisions of the Public Land Law,
(Commonwealth Act 141, as amended) and particularly to the following conditions to
wit:
1.
2.
3.
4.
5.
6.
The land leased herein shall not be used for any purpose other than
that for which said land was applied and any change in land use
shall be subject to the approval of the Housing and Land Use
Regulatory Board.
Non-compliance with any of the terms and conditions hereof and/or of the
rules and regulations governing the lease of public lands will result in the revocation
of the lease, the cancellation of the application and the forfeiture to the Government
of the improvements introduced on the land.
The DENR CENRO is hereby directed to see to it that the provisions of this
Copyright 1994-2016 CD Technologies Asia, Inc.
141
award regarding the construction of the improvements appropriate for the purpose for
which the land leased within the period herein stipulated are complied with and to
submit a report forthwith upon notice of non-compliance.
SO ORDERED.
COPY FURNISHED:
and qualified to Lease public land under Commonwealth Act No. 141, as amended,
has filed with the ________________________ Foreshore Lease Application in
Philippines, herein after more particularly described;
WHEREAS, the _________________, with the authority of the Secretary of
Environment and Natural Resources first had and obtained, proceeded as required by
law with the advertisement and calling for bids for the right to lease the land applied
for; and
WHEREAS, no claim having been presented nor any objection raised to the
granting of the lease, the right to lease the land was on ___________ awarded to
Copyright 1994-2016 CD Technologies Asia, Inc.
142
__________________.
NOW, THEREFORE, This agreement of lease made and entered on the
_______________ day of _________________ by and between the Secretary of
Environment and Natural Resources, acting for and on behalf of the Republic of the
Philippines under the provisions of Commonwealth Act No. 141, as amended,
hereinafter known as the PARTY OF THE FIRST PART, and the said
______________________ hereinafter known as the PARTY OF THE SECOND
PART,
WITNESSETH;
FIRST. That the PARTY OF THE FIRST PART, for and the consideration
of the rents, covenants and conditions hereinafter contained, to be paid, kept and
performed by the PARTY OF THE SECOND PART, has demised, leased and let, and
does hereby demise, lease and let unto the said PARTY OF THE SECOND PART the
land, together with the appurtenances thereunto of right belonging, lying and being in
the Barangay of ___________, Municipality of ____________, Province of
_____________, Philippines, being a part of the public domain, the property of the
said Republic of the Philippines, and more particularly described on page eight (8) of
this contracts, and survey Plan No._____.
SECOND. TO HAVE AND TO HOLD the said described premises unto
the said PARTY OF THE SECOND PART for the full term of twenty five (25) years,
from and including the _______ day of __________________ 19, at a yearly rental of
(P_______) Philippine Currency, to be paid annually in advance on or before the
________ day of __________ of each and every year, during the life of this lease at
the CENRO-DENR, which lease may be renewed for another period of twenty five
(25) years at the option of the PARTY OF THE FIRST PART, and if the
circumstances of the case would so warrant. All rents payable to the PARTY OF THE
FIRST PART, under this lease shall draw interest at the rate of four per centum (4%)
per annum from and after the date they become due as provided herein.
THIRD. It is hereby understood and agreed that the appraised value of the
land for the first ten (10) years, from the ______ day of _____________, 19___, is
P________ for the whole tract of _________ square meters and the appraised value
of the improvements existing on the land and those proposed to be introduced
thereon.
Provided, however, that a new appraisal of the land and improvements shall be made
Copyright 1994-2016 CD Technologies Asia, Inc.
143
every ten (10) years from _______ 19___, and the annual rental after each
re-appraisal shall not be less than three per centum (3%) of the reappraised value of
the land plus one per centum (1%) of the value of the improvements; and provided,
further, that such annual rental shall not be less than P________.
FOURTH. It is hereby covenanted and agreed that the PARTY OF THE
SECOND PART shall construct on the land hereby leased permanent improvements
appropriate for ________ purposes, and that the plan of any building and other
improvements to be erected on the premises shall first be submitted to the Secretary
of Public Works and Highways for his approval, as provided in Section 66 of
Commonwealth Act No. 141, as amended, and that said PARTY OF THE SECOND
PART shall complete such construction within eighteen (18) months from the date of
the award.
FIFTH. It is specially covenanted and agreed that the said tract of land shall
be used for _______ purposes only, and should the lessee use or attempt to use the
premises or permit to them to be used for any purposes other than mentioned herein,
then, and in that event this agreement shall at once terminate, and all the right to and
interest in said lease shall be forfeited and all improvements made by the PARTY OF
THE SECOND PART on the premises shall vest in and become the property of the
Republic of the Philippines, unless the PARTY OF THE FIRST PART shall find
sufficient cause to waive the rescission and forfeiture from the violation of the
condition herein prescribed.
SIXTH. That the said PARTY OF THE SECOND PART hereby covenants
to and with the said PARTY OF THE FIRST PART to pay the rent herein agreed
upon; to said PARTY OF THE FIRST PART, his successors or duly authorized
agents, at the time and in the manner herein set forth and to pay all taxes levied on
said land and on the improvements now existing and those to be introduced on the
land during the period of this lease.
SEVENTH. That the said PARTY OF THE SECOND PART shall not
sublet the whole or any part of premises herein described of the improvements
therein, assign this lease, or encumber the right thereunder, without permission, in
writing to the Secretary of Environment and Natural Resources first had and obtained.
EIGHTH. That the PARTY OF THE SECOND PART hereby waives all
right and notice of demand for the payment of rent as provided in the Rules of Court
as well as all other periods of grace.
144
NINTH, That the PARTY OF THE SECOND PART hereby further waives
any right to any reduction of rent on account of any loss or damage suffered by reason
of extraordinary, unforeseen, fortuitous events.
TENTH. It is further covenanted and agreed that for a breach of any of the
covenants herein by the said PARTY OF THE SECOND PART save these covenants
for breach of which special provision is made, the PARTY OF THE FIRST PART
may elect to declare this agreement rescinded and void and, after having given thirty
(30) days' notice, in writing, to the said PARTY OF THE SECOND PART, may enter
and take possession of the said premises and all improvement actually existing
thereon, and the said PARTY OF THE SECOND PART hereby covenants and agrees
to give up the possession thereof.
ELEVENTH. That in case any and all structures and improvements by this
lease authorized to be constructed and made shall be let or hired for the use of the
public, the PARTY OF THE SECOND PART shall annually submit to the
Department of Finance for his approval, a tariff of any and all rates of fees desired to
be charged to, and collected from, any and all persons for the use of such structure
and improvements; and that no such rates of fees shall be charged and collected by
the PARTY OF THE SECOND PART from any person or persons whatever unless
said approval shall be so had and obtained, and it is agreed that said Department of
Finance may regulate any and such tariffs or rates of fees.
TWELFTH. That this lease is made subject to the easements of the coast
police and other easements reserved by the law of waters now in force in the
Philippines, and to the provisions of Section 41, 109, 110, 111, 112, 113, and 114 of
Commonwealth Act No. 141, as amended, and to any law or laws now existing or
which may hereafter be enacted by act of Congress and to all easement and other
rights acquired by owners of adjacent lands and those bordering upon the foreshore or
marshy lands.
THIRTEENTH. That it at any time during the existence of this lease, or any
time the lessee has obligation pending with the Government, in accordance with
Commonwealth Act No. 141, as amended, it should appear that the land leased is
necessary for the public interest, for the protection of any source of water, or for any
work for the public benefit that the Government wishes to undertake, the PARTY OF
THE FIRST PART may order the cancellation of the lease, upon payment of the
value of the improvements if any, made thereon by the lessee; Provided that in the
event that only a portion or certain portions of the land are necessary for the aforesaid
purposes, the lease may only be amended and modified by excluding the said portion
Copyright 1994-2016 CD Technologies Asia, Inc.
145
or portions, as the case may be, in which case, the rental shall be reduced
correspondingly;
Provided, further, that if it is shown to the satisfaction of the PARTY OF THE
FIRST PART that the exclusion of the portion or portions referred to herein, the
remaining portions cannot be used by the PARTY OF THE SECOND PART for the
purpose for which this contract is executed, the said PARTY OF THE SECOND
PART shall be reimbursed by the PARTY OF THE FIRST PART of the value of the
improvements on the land, or shall remove said improvements provided such removal
cause no damage to the land.
FOURTEENTH. That the covenants, provisions, clauses and condition of
this lease shall extend to and be binding upon, the successor or successors of the
PARTY OF THE FIRST PART, and to and upon the successor or successors,
assignee or assignees, or legal representatives of the PARTY OF-THE SECOND
PART, and they are legally bound thereby.
FIFTEENTH. It is also agreed that the lease application filed and on which
the granting of this lease is predicated, shall be considered as part of this contract and
any omission and misrepresentation in, or violation of the statements in the said lease
application shall give the right to the PARTY OF THE FIRST PART to rescind this
contract to recover the land and to forfeit all amounts already paid and the
improvements made or existing thereon.
SIXTEENTH. That this lease shall terminate and expire on the _______
day of ____________ unless sooner terminated under the provisions thereof, and that
no presumption of renewal or continuance beyond that day can arise, the PARTY OF
THE SECOND PART hereby waiving all rights in this respect conferred by Article
1670 of the Civil Code.
SEVENTEENTH. That upon the termination of this lease or of any
extension hereof, all the improvements made by the PARTY OF THE SECOND
PART, its heirs, successors or assignee, shall vest in and become the property of the
Republic of the Philippines, except when the termination is due to any of the causes
enumerated in paragraph 13 of this contract.
THIRTEENTH. A It shall be the obligation of the lessee to guarantee and provide the
general public free access to, and full use and enjoyment of, the
beach and nearby coastal water, either in the pursuit of the
inhabitants lawful occupation or their recreational needs. For this
Copyright 1994-2016 CD Technologies Asia, Inc.
146
147
___________________________
___________________________
NOTARY PUBLIC
My Commission expires on
___________, 19____
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
Copyright 1994-2016 CD Technologies Asia, Inc.
148
Series of 19_________.
REPUBLIC OF THE PHILIPPINES)
S.S.
CITY OF MANILA
)
NOTARY PUBLIC
My Commission expires on
___________, 19____
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
Series of 19_________.
Technical Description
149
Pursuant to Executive Order No. 192 and for the guidance and compliance of
all concerned, the following guidelines are hereby prescribed in the inventory of
Alienable or Disposable (A or D) lands of the public domain:
A.
B.
Source Documents
1.
2.
C.
To determine the land disposition status, survey status and land use
for every municipality, the CENRO concerned shall insure that the
following reference and source documents/materials are adequately
collected and compiled in its Records and Surveys Section:
1.1
1.2
Survey Returns;
1.3
Projection/Cadastral Maps;
1.4
1.5
Operating Procedures
1.
150
1.3
1.4
2.
2.2
2.3
151
3.
2.4
2.5
D.
In view thereof, the LMB Director, Regional Executive Directors (REDs) and
all concerned officials of the Department are hereby directed to oversee the full
implementation of the above-prescribed guidelines.
E.
152
income necessary to carry out the developmental programs and in order to rationalize
and regulate the use and occupancy of public lands, particularly foreshore areas, the
following instructions are hereby issued for the guidance of all concerned.
A.
B.
Scope
This Circular covers all foreshore lands. All mangrove areas
are however, excluded from the coverage of this Order.
C.
Inventory Procedures
1.
2.
2.2
2.3
Land Description:
2.4
a.
b.
Occupant/Claimant/Applicant:
Under "Nature of Occupancy" check one of the
identifying items depending on the information gathered.
2.5
153
Land Use:
This refers to the actual use of foreshore land. Indicate the
nature, Name Land user and the approximate area in meters.
(Reference: LOC No. 9 dated July 1976)
2.7
Improvements:
2.7.1 Extent of the area developed/improved by the
occupant/claimant shall be in terms of percentage or
square meters in relation to the total area.
2.7.2 Assessed Value of the land and improvement shall be
generated from the tax declaration.
2.8
Remarks
Comment, recommendation and any additional relevant
information.
3.
4.
5.
4.1
4.2
4.3
154
Every Regional Office shall create a data base system using the
DBase III plus or Lotus.
1.2
1.3
1.4
1.5
1.6
1.7
155
E.
All concerned Officials of the Department are hereby enjoined to see to it that
this order is complied with.
F.
All orders and other issuances that are inconsistent herewith are hereby
revoked or modified accordingly.
G.
VICTOR O. RAMOS
Acting Secretary
Department of Environment and Natural Resources
FLDRS FORM NO. 1
Region _________________
PENRO/CENRO __________
FORESHORE LAND DATA RECORD SHEET
I.
Land Description:
Survey/Sketch No. _________ Lot No. ________ Area ________ Sq.M.
Location: Province ________ Municipality ________ Barangay ______
156
II.
Claimant/Applicant:
Name of Claimant/Applicant
Nature of Occupancy
___________________________
______ 1. Permit
___________________________
______ 3. Purchase
______ 4. Simple Claim
V.
________________
________________
________________
________________
________________
________________
Name of User
________________
________________
________________
Improvements:
Kind _______________________________ Area ___________ Sq. M.
(Fences, dikes, barns, buildings and other structures)
Date introduced: _________________________
Owners: Check
_____ 1. Corporation
_____ 4. Lessee
_____ 2. Sub-lessee
_____ 5. Tenant
_____ 3. Government
157
Assessed Value:
Land ______________________________________________
Improvement ________________________________________
VI. Remarks:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Inventoried By:
Verified By:
_________________________
__________________________
(CENRO)
LAND USES
CODE
CODE
201
102
202
rainfed or unirrigated
103
104
Cornland
203
105
Coconut plantation
205
106
Sugarcane plantation
107
Banana plantation
108
Pineapple plantation
109
Rubber plantation
301
110
Abaca plantation
302
strip-mining quarries
Residential Lands
158
111
Ramie/kenaf plantation
112
Tobacco plantation
113
Vegetable plantation
114
115
402
Coffee plantation
403
118
119
Citrus plantation
Root Crops
404
or
size
120
500
Resettlement lands
121
Mangrove, swamps
600
Mineral lands
122
700
Grazing lands
811
821
Airport
812
Religious institutions
822
Railway station
813
823
laboratories
824
Microwave station
814
825
815
Military bases
816
Correctional Institutions
817
833
Golf courses
834
MEMORANDUM
Copyright 1994-2016 CD Technologies Asia, Inc.
159
TO
All Concerned
FROM
DATE
30 May 1991
SUBJECT :
REMARKS:
In addition to the annex prescribed in the aforestated
administrative order (i.e., Foreshore Land Data Record Sheet), the
forms on the following are hereby appended to the said Order for
the information and guidance of all concerned (please see attached
documents), to wit:
1.
2.
Land uses
RICARDO M. UMALI
The _______________
__________________
Sir:
Referring to your advertisement in the bids for the right to lease the land
described in Application No. _________ I have the honor to submit herewith my bid
of (P______) PESOS as rental for one year, which is equivalent to/or more than 3%
of the appraised value of the land.
160
__________________
Applicant/Bidder
Post Office Address
___________________
___________________
(Note: All applicants who have filed the regular lease application need not
submit another application.)
161
1.
2.
That said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from ___________ to ____________.
Applicant
CHAPTER 6
Other Operating Procedures
6.1 Reconstitution of patent (post-war)
Figure 6. Reconstitution of patent (post-war)
SUBJECT:
Copyright 1994-2016 CD Technologies Asia, Inc.
162
Sir:
In order that patent may be reconstituted/re-issued on the above-noted
application, it is desired that you comply with the requirements herein below
indicated by crossmark:
___ 1. Reconstitute the records of the application from papers available in your Office
and from the papers in the possession of the applicant. Efforts should be
exerted to furnish the Central Office with the duplicate original of the: (a)
Application; (b) Preliminary Report; (c) Order: Approval of Application; (d)
Documents of transfer, if the land has been a subject of conveyance; (e) Order:
Issuance of Patent; (f) Final Report; (g) Approval of Transfer; (h) Decision, if
the land was the subject of a conflict of claim; (i) letter transmitting patent to
the Register of Deeds. Attention, in this connection, is invited to the
Memorandum Circular of the Director of Lands dated April 29, 1952,
regarding the reconstitution of patent (copies received by that Office or by the
applicant in due course of business).
___ 2. Required the application to submit an affidavit stating whether or not he has
already received his patent (Certificate of Title); whether he is in exclusive and
actual possession of the land; whether he has sold, transferred, encumbered,
mortgaged or alienated the land in any manner; and whether the land is free
from claims and conflicts.
___ 3. Secure from the Register of Deeds concerned a certification as to whether or
not a certificate or title has already been issued for the land.
___ 4. Conduct confirmatory final investigation of the land.
___ 5. Require the applicant to pay P______ corresponding to fee.
___ 6. Require the applicant to file his ______ application anew for records and
reference purposes.
Preferential attention hereto is desired.
163
For:
Chief,
6.3 Reservations
All requests for reservations should be filed with the CENRO.
6.3.1.
CENRO
1.
2.
164
3.
4.
6.3.2.
PENRO
1.
Review
pertinent
recommendations.
2.
3.
6.3.3.
papers
and
give
comments
RTD/RED
1.
2.
3.
6.3.4.
and
CENRO
Refer pertinent papers, approved plan and technical descriptions to
LMB for comment and recommendation.
6.3.5.
LMB
1.
2.
3.
165
CHAPTER 7
Pertinent Policies, Guidelines, Circulars, Orders, and Memoranda
7.1 Introduction
The classification and disposition of public lands under the purview of the
Constitution is primarily governed by the Public Land Act (Commonwealth Act. No.
141, as amended). It classifies lands of the public domain into alienable or disposable,
timber, and mineral lands. The 1987 Constitution, however, classifies lands of the
public domain into agricultural lands that are subject to alienation/disposition.
Agricultural lands may be disposed of under the provisions of Chapter IV
(Homestead), Chapter VII (Free Patent) and Chapter V (Sales-Agricultural) of the
Public Land Act (CA No. 141, as amended). Free Patent may also be acquired under
the provisions of Republic Act Nos. 782 and 3872, Presidential Decree No. 1073, and
Republic Act 6940. Under CA No. 141, as amended, RA 782, RA 3872, and PD
1073, the applicant must not be the owner of more than 24 hectares of land. However,
under RA 6940 and the New Constitution, the applicant must not be the owner of
more than 12 hectares.
RA 730 was enacted to ease qualified applicants to acquire residential land
without public auction.
In order to cope up with the demands of development and to resolve problems
resulting from land conflicts and land titling anomalies, republic acts and presidential
decrees have been passed.
Presidential Decree No. 27 was issued to emancipate the tenants from the
bondage of soil. Corollary to this decree is PD 152 which prohibits the employment
Copyright 1994-2016 CD Technologies Asia, Inc.
166
of share tenants to comply with the requirements of law regarding entry, occupation,
improvement, and cultivation of public land acquired under homestead and sales.
Congress passed the CARP LAW or RA 6657 that established a comprehensive
agrarian reform program and provided the mechanism for its implementation to
promote social justice and industrialization. Under this Act, an applicant is allowed to
a homestead entry of only 5 hectares of land. If vested rights have accrued in his
favor, the applicant is allowed to acquire the whole area applied for pursuant to
DENR Memorandum Circular No. 22 dated November 20, 1989. PD 1517 popularly
known as the Urban Land Reform liberates our human communities from congestion
and hazard. It calls for the maintenance and support of a vigorous private enterprise
system that is responsive to community requirements in the use and development of
urban lands. Specific functions of staff bureaus and field offices under the DENR are
delineated under Administrative Order No. 38 series of 1990.
Some presidential decrees are intended to maximize the use of virgin lands for
rice and corn crops. PD 763 allows juridical entities to acquire lands originally
granted under the homestead, free patent, or individual sale provisions of the Public
land Act for commercial and industrial purposes. PD 399 regulates the use of a strip
of 1,000 meters of land along existing or proposed highways.
The Department of Environment and Natural Resources (DENR) has adopted
measures to ensure that every conversion of agricultural land to non-agricultural use
is ecologically sound. The new regulations on the issuance of an Environmental
Compliance Certificate (ECC) and Environmental Clearance (EC) under
Administrative Order No. 8 provide that prime and non-prime agricultural land may
be converted to non-agricultural land uses after being declared as environmentally
critical under Proclamation 2148. Non-prime agricultural lands are lands that have
ceased to be economically feasible and sound for agricultural purposes. Included are
lands in localities that have become highly urbanized and have a greater economic
value for residential, commercial, or industrial purposes and lands classified as
commercial, industrial, and residential in new revised town plans approved by the
Housing and Land Use Regulatory Board (HLURB) and concurred in by the
inter-agency planning task forces.
When the dominant use of the area surrounding the land being sought for
conversion is no longer agricultural, as in the City or Municipality which does not
have land use plans and integrated zoning ordinance duly approved by the Housing
and Land Use Regulatory Board (HLURB). Applications for land conversion
covering areas classified as prime agricultural lands above five hectares are to be
Copyright 1994-2016 CD Technologies Asia, Inc.
167
168
Execution
SECTION 1.
The short title of this Act shall be "The Public Land Act."
SECTION 2.
The provisions of this Act shall apply to the lands of the
public domain, but timber and mineral lands shall be governed by special laws and
nothing in this Act provided shall be understood or construed to change or modify the
administration and disposition of the lands commonly called "'friar lands" and those
which, being privately owned, have reverted to or become the property of the
Republic of the Philippines, which administration and disposition shall be governed
by the laws at present in force or which may hereafter be enacted.
SECTION 3.
The Secretary of Agriculture and Natural Resources shall be
the executive officer charged with carrying out the provisions of this Act through the
Director of Lands, who shall act under his immediate control.
SECTION 4.
Subject to said control, the Director of Lands shall have
direct executive control of the survey, classification, lease, sale or any other form of
concession or disposition and management of the lands of the public domain, and his
decisions as to questions of facts shall be conclusive when approved by the Secretary
of Agriculture and Natural Resources.
SECTION 5.
The Director of Lands, with the approval of the Secretary of
Agriculture and Natural Resources, shall prepare and issue such forms, instructions,
rules and regulations consistent with this Act, as may be necessary and proper to carry
into effect the provisions thereof and for the conduct of proceeding arising under such
provisions.
CHAPTER II
Classification, Delimitation, and Survey of Lands of the Public Domain, for the
Concession Thereof
SECTION 6.
The President, upon recommendation of the Secretary of
Agriculture and Natural Resources, shall from time to time classify the lands of the
public domain into
(a) Alienable or disposable,
(b) Timber, and
169
Agricultural;
Residential, commercial, industrial, or for similar productive
purposes;
Educational, charitable, or other similar purposes; and
Reservations for townsites and for public and quasi-public uses.
170
TITLE II
Agricultural Public Lands
CHAPTER III
Forms of Concession of Agricultural Lands
SECTION 11.
Public lands suitable for agricultural purposes can be
disposed of only as follows:
(1)
(2)
(3)
(4)
By judicial legalization
By administrative legalization (free patent)
CHAPTER IV
Homesteads
SECTION 12.
Any citizen of the Philippines over the age of eighteen
years, or the head of a family, who does not own more than twenty-four hectares of
lands in the Philippines or has not had the benefit of any gratuitous allotment of more
than twenty-four hectares since the occupation of the Philippines by the United States,
may enter a homestead of not exceeding twenty-four hectares of agricultural lands of
the public domain.
SECTION 13.
Upon the filing of an application for a homestead, the
Director of Lands, if he finds that the application should be approved, shall do so and
authorize the applicant to take possession of the land upon the payment of Five pesos,
Philippine currency, as entry fee. Within six months from and after the date of the
approval of the application, the applicant shall begin to work on the homestead,
otherwise he shall lose his prior right to the land.
SECTION 14.
No certificate shall be given or patent issued for the land
applied for until at least one-fifth of the land has been improved and cultivated. The
period within which the land shall be cultivated shall not be less than one or more
than five years from and after the date of the approval of the application. The
Copyright 1994-2016 CD Technologies Asia, Inc.
171
applicant shall within the said period, notify the Director of Lands as soon as he is
ready to acquire the title. If at the date of such notice, the applicant shall prove to the
satisfaction of the Director of Lands, that he has resided continuously for at least one
year in the municipality in which the land is located, or in municipality adjacent to the
same, and has cultivated at least one-fifth of the land continuously since the approval
encumbered, and that he shall make affidavit that no part of said land has been
alienated or encumbered, and that he has complied with all the requirements of this
Act, then upon payment of P5.00 as final fee, he shall be entitled to a patent.
SECTION 15.
At the option of the applicant, payment of the fees required
in this chapter may be made to the municipal treasurer of the locality, who, in turn,
shall forward them to the provincial treasurer. In case of delinquency of the applicant,
the Director of Lands may, sixty days after such delinquency has occurred, either
cancel the application or grant an extension of time not to exceed one hundred and
twenty days for the payment of the sum due.
SECTION 16.
If at any time before the expiration of the period allowed by
law for the making of final proof, it shall be proven to the satisfaction of the Director
of Lands, after due notice to the homesteader, that the land entered is under the law
not subject to homestead entry, or that the homesteader has actually changed his
residence, or voluntarily abandoned the land for more than six months at any one time
during the years of residence and occupation herein required, or has otherwise failed
to comply with the requirements of this Act, the Director of Lands may cancel the
entry.
SECTION 17.
Before final proof shall be submitted by any person
claiming to have complied with the provisions of this chapter, due notice, as
prescribed by the Secretary of Agriculture and Natural Resources, shall be given to
the public of his intention to make such proof, stating therein the name and address of
the homesteader, the description of the land, with its boundaries and area, the names
of the witnesses by whom it is expected that the necessary facts will be established
and time and place at which, and the name of the officer before whom such proof will
be made.
SECTION 18.
In case the homesteader shall suffer from mental alienation,
or shall for any other reason be incapacitated from exercising his rights personally,
the person legally representing him may offer and submit the final proof on behalf of
such incapacitated person.
SECTION 19.
172
one person, and no person to whom a homestead patent has been issued by virtue of
the provisions of this Act regardless of the area of his original homestead, may again
acquire a homestead; Provided, however, that any previous homesteader who has
been issued a patent for less than twenty-four hectares and otherwise qualified to
make a homestead entry, may be allowed another homestead which, together with his
previous homestead shall not exceed an area of twenty-four hectares. (As amended by
Com. Act No. 456).
SECTION 20.
If at any time after the approval of the application and
before the patent is issued, the applicant shall prove to the satisfaction of the Director
of Lands that he has complied with all the requirements of the law, but cannot
continue with him homestead, through no fault of his own, and there is a bonafide
purchaser for the rights and improvements of the applicant on the land, and that the
conveyance is not made for purposes of speculation, then the applicant, with the
previous approval of the Director of Lands, may transfer his rights to the land and
improvements to any person legally qualified to apply for a homestead, and
immediately after such transfer, the purchaser shall file a homestead application to the
land so acquired and shall succeed the original homesteader in his rights and
obligations beginning with the date of the approval of said application of the
purchaser. Any person who has so transferred his rights may not again apply for a
new homestead. Every transfer made without the previous approval of the Director of
Lands shall be null and void and shall result in the cancellation of the entry and the
refusal of the patent. (As amended by Commonwealth Act No. 456 and Republic Act
No. 1242, approved June 10, 1955).
SECTION 21.
Any non-Christian Filipino who has not applied for a
homestead, desiring to live upon or occupy land on any of the reservations set aside
for the so-called "non-Christian tribes" may request a permit of occupation for any
tract of land of the public domain reserved for said non-Christian tribes under this
Act, the area of which shall not exceed four hectares. It shall be an essential condition
that the applicant for the permit cultivate and improve the land, and if such cultivation
has not been begun within six months from and after the date on which the permit
was received, the permit shall be cancelled. The permit shall be for a term of one year.
If at the expiration of this term or at any time prior thereto, the holder of the permit
shall apply for a homestead under the provisions of this chapter, including the portion
for which a permit was granted to him, he shall have the priority, otherwise, the land
shall be again open to disposition at the expiration of the permit.
For each permit, the sum of one peso shall be paid.
Copyright 1994-2016 CD Technologies Asia, Inc.
173
CHAPTER V
Sale
SECTION 22.
Any citizen of lawful age of the Philippines, and any such
citizen not of lawful age who is a head of a family, and any corporation or association
of which at least sixty per centum of the capital stock or of any interest in said capital
stock belongs wholly to citizens of the Philippines, and which is organized and
constituted under the laws of the Philippines, and corporate bodies organized in the
Philippines authorized under their charters to do so, may purchase any tract of public
agricultural land disposable under this Act, not to exceed one hundred and forty-four
hectares in the case of an individual and one thousand and twenty-four hectares in
that of a corporation or association, by proceedings as prescribed in this Chapter,
provided that partnership shall be entitled to purchase not to exceed one hundred and
forty-four hectares for each member thereof, but the total area so purchased shall in
no case exceed the one thousand twenty-four hectares authorized in this section for
associations and corporations.
SECTION 23.
No person, corporation, association, or partnership other
than those mentioned in the last preceding section may acquire or own agricultural
public land or land of any other denomination or classification, which is at the time or
was originally, really or preemptively, of the public domain, or any permanent
improvements thereon, or any real right on such land and improvement: Provided,
however, That persons, corporations, associations or partnerships which, at the date
upon which the Philippine constitution took effect, held agricultural public lands or
land of any other denomination, that belonged originally, really or preemptively, to
the public domain, or permanent improvements on such lands, or a real right upon
such lands and improvements, having acquired the same under the laws and
regulations in force at the date of such acquisition shall be authorized to continue
holding the same as if such persons, corporations, associations or partnerships were
qualified under the last preceding section, but they shall not encumber, convey, or
alienate the same to persons, corporations, associations, or partnerships not included
in section twenty-two of this Act, except by reason of hereditary succession, duly
legalized and acknowledged by competent courts.
SECTION 24.
Lands sold under the provisions of this chapter must be
appraised in accordance with section one hundred and sixteen of this Act. The
Director of Lands shall announce the sale thereof by publishing the proper notice
once a week for six consecutive weeks in the Official Gazette and in two newspapers
one published in Manila and the other published in the municipality or in the province
Copyright 1994-2016 CD Technologies Asia, Inc.
174
where the lands are located, or in a neighboring province, and the same notice shall be
posted on the bulletin board of the Bureau of Lands in Manila, and in the most
conspicuous place in the provincial building and the municipal building of the
province and municipality, respectively, where the land is located, and, if practicable,
on the land itself, but if the value of the land does not exceed two hundred and forty
pesos, the publication in the Official Gazette and newspaper may be omitted. The
notices shall be published one in English and the other in Spanish or in the local
dialect, and shall fix a date not earlier than sixty days after the date of the notice upon
which the land will be awarded to the highest bidder, or public bids will be called for,
or other action will be taken as provided in this chapter.
SECTION 25.
All bids must be sealed and addressed to the Director of
Lands and must have inclosed therewith cash or certified check, treasury warrant, and
post-office money order payable to the order of the Director of Lands, for ten per
centum of the amount of the bid, which amount shall be retained in case the bid is
accepted, as part payment of the purchase price: Provided, That no bid shall be
considered the amount of which is less than the appraised value of the land.
SECTION 26.
d Upon the opening of the bids, the lands shall be awarded
to the highest bidder. If there are two or more equal bids which are higher than the
other and one of such equal bids is that of the applicant, his bid shall be accepted. If,
however, the bid of the applicant is not one of such equal bids and higher bids, the
Director of Lands shall at once submit the land for public bidding, and to the person
making the highest bid on such public auction the land shall be awarded. In any case
the applicant shall always have the option of raising his bid to equal that of the
highest bidder, and in this case, the land shall be awarded to him. No bid received at
such public auction shall be finally accepted until the bidder shall have deposited ten
per centum of his bid, as required in section twenty-five of this Act. In case none of
the tracts of land that are offered for sale or the purchase of which has been applied
for, has an area in excess of twenty-four hectares, the Director of Lands may delegate
to the District Land Officer concerned the power of receiving bids, holding the
auction, and proceeding in accordance with the provisions of this Act, but the District
Land Officer shall submit his recommendations to the Director of Lands, for the final
decision of the latter in the case.
SECTION 27.
The purchase price shall be paid as follows: The balance of
the purchase price after deducting the amount paid at the time of submitting the bid,
may be paid in full upon the making of the award, or in not more than ten equal
annual installments from the date of the award.
Copyright 1994-2016 CD Technologies Asia, Inc.
175
SECTION 28.
The purchaser shall have not less than one-fifth of the land
broken and cultivated within five years after the date of the award, and before any
patent is issued, the purchaser must show actual occupancy, cultivation and
improvement of at least one-fifth of the land applied for until the date on which final
payment is made: Provided, however, That in case the land purchased is to be devoted
to pasture, it shall be sufficient compliance with this condition if the purchaser shall
graze on the land as many heads of his cattle as will occupy at least one-half of the
entire area at the rate of one head per hectare.
SECTION 29.
After title has been granted, the purchaser may not within a
period of ten years from __________ cultivation of the land has been begun, the
purchaser, with the approval of the Secretary of Agriculture and Natural Resources,
may convey or encumber his rights to any person, corporation, or association legally
qualified under this Act to purchase agricultural public lands, provided such
conveyance or encumbrance does not affect any right or interest of the Government in
the land: And provided, further, That the transfer is not delinquent in the payment of
any installment due and payable. Any sale and encumbrance made without the
previous approval of the Secretary of Agriculture and Natural Resources shall be null
and void and shall produce the effect of annulling the acquisition and reverting the
property and all rights thereto to the State, and all payments on the purchase price
theretofore made to the Government shall be forfeited. After the sale has been
approved, the vendor shall not lose his right to acquire agricultural public lands under
the provisions of this Act; provided he has the necessary qualifications.
SECTION 30.
If at any time after the date of the award and before the
issuance of patent, it is proved to the satisfaction of the Director of Lands, after due
notice to the purchaser, that the purchaser has voluntarily abandoned the land for
more than one year at any one time, or has otherwise failed to comply with the
requirements of the law, then the land shall revert to the State, and all prior payments
made by the purchaser and all improvements existing on the lands shall be forfeited.
SECTION 31.
No person, no corporation, association or partnership shall
be permitted, after the approval of this Act, to acquire the title to or possess as owner
of any lands of the public domain if such lands, added to other lands belonging to
such person, corporation, association, or partnership shall give a total area greater
than the area the acquisition of which by purchase is authorized under this Act. Any
excess in area over this maximum and all rights, titles, interests, claims or actions held
by any person, corporation, association or partnership resulting directly or indirectly
in such excess shall revert to the State.
Copyright 1994-2016 CD Technologies Asia, Inc.
176
177
SECTION 33.
Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per centum of the capital stock or of
any interest in said capital stock belongs wholly to citizens of the Philippines, and
which is organized and constituted under the laws of the Philippines, may lease any
tract of agricultural public land available for lease under the provisions of this Act,
not exceeding a total of one thousand and twenty-four hectares. If the land leased is
adapted to and be devoted for grazing purposes, an area not exceeding two thousand
hectares may be granted. No member, stockholder, officer, representative, attorney,
agent, employee or bondholder of any corporation or association holding or
controlling agricultural public land shall apply, directly or indirectly, for agricultural
public land except under the homestead and free patent provisions of this Act:
Provided, That no lease shall be permitted to interfere with any prior claim by
settlement or occupation, until the consent of the occupant or settler is first had, or
until such claim be legally extinguished, and no person, corporation, or association
shall be permitted to lease lands hereunder which are not reasonably necessary to
carry on his business in case of an individual, or the business for which it was
lawfully created and which it may lawfully pursue in the Philippines, if an association
or corporation. (Re: pasture land, see Com. Act. No. 452).
SECTION 34.
A notice of the date and place of the auction of the right to
lease the land shall be published and announced in the same manner as that prescribed
for the publication and announcement of the notice of sale, in section twenty-four of
this Act.
SECTION 35.
All bids must be sealed and addressed to the Director of
Lands and must have enclosed therewith cash or a certified check, treasury warrant or
post-office money order payable to the order of the Director of Lands, for a sum
equivalent to the rental for at least, the first three months of the lease: Provided, That
no bid shall be considered in which the proposed annual rental is less than three per
centum of the value of the land according to the appraisal made in conformity with
section one hundred and sixteen of this Act.
SECTION 36.
The auction of the right to lease the land shall be conducted
under the same procedure as that prescribed for the auction sale of agricultural lands
as described in section twenty-six of this Act: Provided, that no bid shall be accepted
until the bidder shall have deposited the rental for at least the first three months of the
lease.
SECTION 37.
The annual rental of the land leased shall not be less than
three per centum of the value of the land, according to the appraisal and reappraisal
Copyright 1994-2016 CD Technologies Asia, Inc.
178
made in accordance with section one hundred and sixteen of this Act. But if the land
leased is adapted to and be devoted for grazing purposes, the annual rental shall be
not less than two per centum of the appraised and reappraised value thereof. Every
contract of lease under the provisions of this chapter shall contain a clause to the
effect that a reappraisal of the land leased shall be made every ten years from the date
of the approval of the lease, if the term of the same shall be in excess of ten years. In
case the lessee is not agreeable to the reappraisal and prefers to give up his contract of
lease, he shall notify the Director of Lands of his desire within the six months next
preceding the date on which the reappraisal takes effect, and in case his request is
approved, the Director of Lands may, if the lessee should so desire, proceed in
accordance with section one hundred of this Act as amended by RA No. 2694. (Re:
pasture land, see Com. Act No. 452).
The rent, which shall be paid yearly in advance shall accrue from the date of
the approval of the lease, and the full payment for the first year shall be made in the
Bureau of Lands before the execution of the contract.
SECTION 38.
Leases shall run for a period of not more than twenty-five
years, but may be renewed once for another period of not to exceed twenty-five years,
In case the lessee shall have made important improvements which, in the discretion of
the Secretary of Agriculture and Natural Resources justify a renewal. Upon the final
expiration of the lease, all buildings and other permanent improvements made by the
lessee, his heirs, executors, administrators, successors, or assigns shall become the
property of the Government, and the land together with the said improvements shall
be disposed of in accordance with the provisions of chapter five of this Act.
SECTION 39.
It shall be an inherent and essential condition of the lease
that the lessee shall have not less than one-third of the land broken and cultivated
within five years after the date of the approval of the lease: Provided, That in case the
land leased is to be devoted to pasture, it shall be sufficient compliance with this
condition if the lessee shall graze on the land as may heads of cattle as will occupy at
least one-half of the entire area at the rate of one head per hectares. (Re: pasture land,
see Com. Act No. 452).
SECTION 40.
The lessee shall not assign, encumber, or sublet his right
without the consent of the Secretary of Agriculture and Natural Resources, and the
violation of this condition shall avoid the contract: Provided, That assignment,
encumbrance, or subletting for purpose of speculation shall not be permitted in any
case: Provided, further, that nothing contained in this section shall be understood or
construed to permit the assignment, encumbrance, or subletting of lands leased under
Copyright 1994-2016 CD Technologies Asia, Inc.
179
this Act, or under any previous Act, to persons, corporations, or associations which
under this Act, are not authorized to lease public lands.
SECTION 41.
The lease of any lands in this chapter shall not confer the
right to remove or dispose of any valuable timber except as provided in the
regulations of the Bureau of Forestry for cutting timber upon such lands. Nor shall
such lease confer the right to remove or dispose of stone, oil, coal, salts, or other
minerals, or medicinal mineral waters existing upon the same. The lease as to the part
of the land which shall be mineral may be cancelled by the Secretary of Agriculture
and Natural Resources, after notice to the lessee, whenever the said part of the land is
more valuable for mineral than for agricultural purposes.
The commission of waste or the violation of the forestry regulations by the
lessee shall work a forfeiture of his last payment of rent and render him liable to
immediate dispossession and suit for damage.
SECTION 42.
After having paid rent for at least the first two years of the
lease, and having complied with the requirements prescribed in section thirty-nine,
the lessee of agricultural public land with an area less than the maximum allowed by
law, may lease successively additional agricultural public land adjacent to or near the
land originally leased until the total area of such leases shall reach the maximum
established in this chapter: Provided, That in making such additional lease, the same
conditions shall be complied with as prescribed by this Act for the first lease.
SECTION 43.
During the life of the lease, any lessee which shall have
complied with all the conditions thereof and shall have the qualifications required by
section twenty-two, shall have the option of purchasing the land leased subject to the
restrictions of chapter five of this Act.
CHAPTER VII
Free Patents
SECTION 44.
Any natural both citizen of the Philippines who is not the
owner of more than twenty four hectares, and who since July fourth, nineteen hundred
and twenty-six or prior thereto, has continuously occupied and cultivated, either by
himself or through his predecessors in interest, a tract or tracts of agricultural public
lands subject to disposition, or who shall have paid the real estate tax thereon while
the same has not been occupied by any other person shall be entitled, under the
provisions of this chapter, to have a free patent issued to him for such tract or tracts of
Copyright 1994-2016 CD Technologies Asia, Inc.
180
such land not to exceed twenty-four hectares. (See Rep. Act No. 752).
SECTION 45.
The President, upon recommendation by the Secretary of
Agriculture and Natural Resources, shall from time to time fix by proclamation the
period within which applications for free patents may be filed in the district, chartered
city, province, municipality, or region specified in such proclamation, and upon the
expiration of the period so designated, unless the same be extended by the President,
all the land comprised within such district, chartered city, province, municipality, or
region subject thereto under the provisions of this chapter may be disposed of as
agricultural public land without prejudice to the prior right of the occupant and
cultivator to acquire such land under this Act by means other than free patent. The
time to be fixed in the entire Archipelago for the filing of applications, under this
chapter shall not extend beyond December thirty-first, nineteen hundred and
seventy-six, except in the provinces of Agusan del Norte, Agusan del Sur, North
Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao, Sulu,
Mountain Province, Benguet, Kalinga-Apayao, and Ifugao where the President of the
Philippines shall determine or fix the time beyond which the filing of applications
under this chapter shall not extend. The period fixed for any district, chartered city,
province, or municipality shall begin to run thirty days after the publication of the
proclamation in the Official Gazette and if available in one newspaper of general
circulation in the city, province or municipality concerned. A certified copy of said
proclamation shall be furnished by the Secretary of Agriculture and Natural
Resources within 30 days counted from the date of the presidential proclamation to
the Director of Lands and to the provincial board, the municipal board or city council
and barrio council affected, and copies thereof shall be posted on the bulletin board of
the Bureau of Lands at Manila and at conspicuous places in the provincial building
and at the municipal building and barrio hall or meeting place. It shall, moreover, be
announced by government radio whenever available, in each of the barrios of the
municipality. (As amended by Republic Act Nos. 107, 2061 and by R.A. No. 6236,
approved June 19, 1971).
SECTION 46.
If, after the filing of application and the investigation, the
Director of Lands shall be satisfied of the truth of the allegation contained in the
application and that the applicant comes within the provisions of this chapter, he shall
cause a patent to be issued to the applicant or his legal successor for the tract so
occupied and cultivated, provided its area does not exceed twenty-four hectares:
Provided, That no application shall be finally acted upon until notice thereof has been
published in the municipality and barrio in which the land is located and adverse
claimants have had an opportunity to present their claims.
Copyright 1994-2016 CD Technologies Asia, Inc.
181
Implementing Approaches
In implementing the "Handog Titulo" Program, the three (3) approaches
hereunder shall be observed:
2.
a.
b.
In areas where most of the A & D lands are not year titled,
the project appear which calls for mass acceptance of public
land applications and carpet investigation shall be applied.
c.
182
3.
b.
c.
d.
e.
b.
c.
183
4.
5.
d.
e.
Issuance of Patents
a.
b.
c.
Collection of Fees
a.
b.
184
b.
7.
All prescribed judicial and other forms shall be used in the filing of
applications and in the issuance of patents.
8.
9.
Definition of "Reservation"
Reservation is defined as any tract or tracts of land of the
185
Inventory Procedures:
1.
2.
2.2
2.3
2.4
2.5
3.
4.
5.
186
7.
C.
6.2
2.
3.
187
5.
6.
D.
All orders and other issues that are inconsistent herewith, are hereby revoked
or modified accordingly.
E.
Pursuant to Executive Order No. 192 and for the guidance and compliance of
Copyright 1994-2016 CD Technologies Asia, Inc.
188
all concerned, the following guidelines are hereby prescribed in the inventory of
Alienable or Disposable (A or D) lands of the public domain:
A..
B.
Source Documents
1.
2.
C.
To determine the land disposition status, survey status and land use
for every municipality, the CENRO concerned shall insure that the
following reference and source documents/materials are adequately
collected and compiled in its Records and Surveys Section:
1.1
1.2
Survey Returns;
1.3
Projection/Cadastral Maps;
1.4
1.5
Operating Procedures
1.
1.2
189
No. 2.
1.3
1.4
2.
1.3.4.1
Agricultural
1.3.4.2
Residential
1.3.4.3
Commercial/Industrial
2.2
2.3
2.4
190
D.
In view thereof, the LMB Director, Regional Executive Directors (REDs) and
all concerned officials of the Department are hereby directed to oversee the full
implementation of the above-prescribed guidelines.
E.
1.
191
a.
b.
2.
3.
The time shall be fixed in the entire archipelago for the filing of
applications under Chapter VII of Commonwealth Act. No. 141, as
amended, shall not extend beyond December 31, 2000 except in
the following provinces:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Davao Oriental
Sulu
Mt. Province
Benguet
Kalinga Apayao
Ifugao
Maguindanao
Tawi-Tawi and
Basilan
192
With the Presidential declaration of the Land Democracy Policy on June 12,
1974, the Bureau of Lands has since then stopped the acceptance of homestead
applications for disposable public lands and suspended action on those already filed
but had not yet been approved.
Undoubtedly, the principle underlying this policy is to discard the old concept
of land ownership and to shift into a leasehold system of land acquisition and
development which, if vigorously pursued under certain guidelines, is envisioned to
optimize the economic and social benefits that can be derived from the utilization
thereof.
Nevertheless, it is felt that the new land policy should be interpreted in the
light of the broader perspectives of the New Society. The majority of the applicants
affected are poor farmer settlers who have occupied and cultivated small parcels of
land to take out a living but who do not meet the occupation and cultivation
requirements of the free patent law and are left, with no other alternative in acquiring
their landholdings. In order, therewith, to enhance the economic and social conditions
of the small farmers who constitute the greater mass of our population and at the same
time do away with the pernicious practice of issuing patents, even solely on
benevolent considerations, for lands not subject to acquisition under the free patent
Copyright 1994-2016 CD Technologies Asia, Inc.
193
194
conducting the investigation to determine whether the prospective applicants meet the
requirements called for herein. If warranted by the findings of the investigating
official the District Land Officer concerned is hereby authorized to accept and
number the homestead applications and thereafter approve the same effective as of the
date of allocation or occupation, as the case may be.
Strict compliance herewith is enjoined.
This Circular shall take effect immediately.
195
Office or by the District Land Office concerned, in proper cases, pursuant to Section
20 of the Public Land Act, subject to the conditions enumerated hereunder, to wit:
1.
That the transferor has complied with all the requirements of the
law, regarding residence and cultivation, but could not continue
with the homestead thru no fault of his own;
2.
That the conveyance is not for the purpose of speculation and the
transferee is the one really and actually interested in transfer and is
not merely a dummy applicant;
3.
4.
5.
That there is no adverse claim to the land applied for still pending
determination; and
6.
196
197
(c)
Do not own a home lot in the city or municipality where the land is
located; and
(d)
Must have actually occupied in good faith the land applied for and
constructed their houses thereon and actually resided therein.
198
November 4, 1954
199
Natural Resources
RECOMMENDED BY:
(SGD.) ZOILO CASTRILLO
(Director of Lands)
200
201
exercise its sound judgment in determining the character of the land applied for,
taking into consideration the use to which it is mainly devoted, the improvements
existing thereon, its size, relative position, configuration and how it is classified for
tax purposes.
5. Lots Without Recorded Claimant. Where there is no recorded claimant
of the land or where the same was listed as "public land" or in the name of the
Government, the free patent application therefor may nevertheless be given due
course and patent issued to the applicant if this is justified by the findings and
recommendation of the inspector and District Land Office concerned.
6. Tacking of Possession. The occupation and cultivation of the land by
the applicant may be by himself or thru his predecessor-in-interest. It is important to
bear in mind in this connection that lands acquirable by free patents are still lands of
the public domain. Their disposition is governed mainly by the provisions of the
Public Land Act. So, while some provisions of the Civil Code and the Rules of Court
provide useful guide in the processing and adjudication of free patent applications,
such as the rules of property, testate and intestate succession, obligations and
contracts, their application to lands of the public domain should be tempered to suit
the policy of the Lands Department in expediting the issuance of land patents. Hence,
(a) Where according to the inspectors' report, an applicant acquired the land
from the original occupant by testate succession, the corresponding will and testament
submitted in support of the application need not be probated in court; or
(b) Where the applicant is an intestate heir, the corresponding affidavit of
self-adjudication or extrajudicial settlement among the heirs need not be published for
3 weeks in a newspaper of general circulation as required by Rule 74, Section 1 of the
Rules of Court, or
(c) Where the applicant acquired the land by donation and the deed of
donation does not satisfy the formal requisites of a valid donation, the contract should
be treated as a simple instrument of waiver or cession; or
(d) Where the applicant acquired the land by relinquishment or cession from
an ascendant, consent of his other prospective heirs need not be secured if said
ascendant had already signed the conveyance or relinquishment in his favor; or
(e) Where the applicant is invoking R.A. No. 782 under which the possession
of the land since July 4, 1945, is sufficient, and he acquired the land by sale or other
means before that date, he should no longer be required to submit the corresponding
Copyright 1994-2016 CD Technologies Asia, Inc.
202
deed of conveyance if he has failed to submit it. In other words, the applicant should
no longer be required to submit the deed of conveyance if he can establish his claim
to the land on the strength of his own occupation and cultivation.
7. Joint Affidavit of 2 Disinterested Persons. The affidavit of two
disinterested persons required under R.A. No. 782 satisfies the requirements of this
Office if it states in substance that the affiants are residents of the place where the
land is located and they attest to the fact that the applicant and/or his
predecessor-in-interest has occupied and cultivated the land applied for since July 4,
1945. A patent under R.A. No. 782 should not be withheld for minor imperfections in
the preparation or accomplishment of this affidavit such as erasures, alterations,
failure of the affiants to indicate their residence certificates or to affix documentary
stamps, discrepancy between residence stated in the affidavit and in the residence
certificate, etc.
8. Notices. Notices posted in connection with free patent applications
satisfy the requirements of this Office if they have been posted for the number of days
required and the affidavit executed by the applicant attesting to such postings was
executed on or after the last day of posting before a duly authorized official. Where
the notices suffer from minor flaws, such as erasures, alterations, cancellations,
superimpositions or omissions in the data appearing in the notice, the patent may be
allowed provided such flaws are not serious or substantial.
HOMESTEAD APPLICATIONS
9. Pre-war homestead applications that are due for patent should be given
preferential attention. Where the original or the duplicate original of the Order of
Approval is not available, any copy of said order or of any other document proving
such approval duly certified by the District Land Officer concerned will be sufficient.
If not, a new order of approval shall be entered making it retroactive to accommodate
the applicant's final proof.
10. Homestead applications may be approved retroactively as of the date of
allocation if it is established that the applicant has been occupying and cultivating the
land since the date of allocation. However, a certificate of such allocation shall be
submitted by the District Land Officer concerned together with other records of each
case.
11. Final Proof. The final proof is sufficient if the notices therefor were
posted for 30 days, and it was executed one year after the effective date of approval of
Copyright 1994-2016 CD Technologies Asia, Inc.
203
the application before the official, on the date and place and in the presence of the
persons specified in the notice. No homestead patent shall be withheld for minor
imperfections in the accomplishment of the notice or the final proof itself.
12. Transfer of Homestead Rights. Where the proposed patentee is a
transferee who has accomplished his own final proof papers before approval of the
transfer, his final proof papers may be accepted and approved, and the Order of
Transfer of Homestead Rights and patent in his name may be processed and issued
simultaneously.
SALES APPLICATIONS
13. Complete proof of publication of Notices of Sale in the Official Gazette
and in 2 newspapers of general circulation shall be dispensed with for lands awarded
before the Lands Department prescribed this requirement in 1956. In any event, the
Staff of the Land Management Division shall exercise his sound judgment in
determining whether or not there is substantial compliance with the publication
requirements prescribed by law.
14. Transfer of Sales Rights. Where the proposed patentee is a transferee,
the Order of transfer of Sales Rights and the sales patent in the name of the transferee
may be prepared and submitted to the Secretary of Agriculture and Natural Resources
together with the corresponding folder for approval. If there are two or more transfers
involved, the corresponding Order of Transfer of Sales Rights may be embodied in
one document and the same may be submitted to the Secretary's Office together with
the corresponding patent in the name of the last transferee for consideration and
approval.
MATTERS COMMON TO ALL PATENTS
15. Where the land applied for borders the forest zone, marshy or swamp
lands, the certification from the District Forester concerned as to whether or not the
same encroaches upon the forest zone heretofore required by the Lands Department in
a 2nd Indorsement dated January 23, 1961, shall be dispensed with if the patent
covers land that is inside a cadastral, public land subdivision or group settlement
project. Patents covering isolated parcels of land that border a forest zone or public
land shall not be allowed unless the District Forester concerned or the Director of
Forestry has certified that the same does not encroach upon the forest zone.
16. Where a free patent, homestead or agricultural sales patent covers an area
that borders the sea, the certification from the Commissioner of Customs heretofore
Copyright 1994-2016 CD Technologies Asia, Inc.
204
required by the Lands Department in several preceding cases may be dispensed with
if the land is inside a cadastral, public land subdivision or group settlement
subdivision project. Patents covering isolated parcels that adjoin the sea shall not be
allowed unless the Commissioner of Customs has certified that the land when used
and occupied by the applicant will not obstruct navigation.
17. Psu Surveys. Homestead and sales patents may be issued for lands
covered by Psu surveys without the need for confirmatory survey authority heretofore
required by the Lands Department. This instruction shall be applicable only to sales
and homestead applications that are pending issuance of patent at the time of issuance
of this Circular. Instructions previously issued by this Office prohibiting the
acceptance of homestead or sales applications for lands surveyed under Psu still
stand, except in cases of lands covered by sales (fishpond) applications formerly
under fishpond lease agreement or permit covered by the Philippine Fisheries
Commission which have been surveyed under Psu.
18. All unsigned patents previously returned to this Office for one reason or
another which may now be released as a consequence of these new policies and
procedures shall be submitted back to the Secretary of Agriculture and Natural
Resources together with a memorandum or indorsement justifying the issuance
thereof.
19. All rules, regulations and instructions previously issued by this Office
that are contrary to or inconsistent herewith are hereby revised or amended
accordingly.
205
January 8, 1979
LANDS OFFICE CIRCULAR NO. 70-79
SUBJECT :
It has been observed that, owing to the absence of guidelines, the reappraisal of
government lands covered by subsisting lease contracts and of improvements thereon
every 10-year period during the lifetime of the lease as required by law and the
condition of the contract is being made most oftenly after the termination of the said
terminal period and, in some cases, not being made at all, resulting in the loss to the
Government of sizable amount of income in the form of increased rentals which
should have been collected on the basis of new appraisals. It has also been observed
that the absence of such guidelines has more often than not confused land officials in
the management and disposition of lands covered by expired leases and of the
existing improvements thereon which, under the provisions of law and the contracts,
become the property of the national government. In order, therefore, to achieve an
effective and rational management of lands of the public and private domain of the
Government which are covered by subsisting leases, as well as an effective and
rational management and disposition of lands covered by expired leases and of
improvements existing thereon, the following rules and regulations are hereby
promulgated, to wit:
1.
2.
206
2.
3.
4.
5.
4.
5.
207
amended, as the case may be, Act 3038 and other applicable land
laws.
6.
7.
8.
9.
208
209