Steps for Homestead & Free Patent

FREE PATENT A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru the administrative confirmation of imperfect and incomplete title. Agricultural public lands classified as alienable and disposable are subject for disposition under Free Patent. The applicant for a free patent must comply with the following qualifications: 1. He must be a natural born citizen of the Philippines. 2. He must not be the owner of more than twelve (12) hectares of land. 3. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16, 1990 by the applicant or his predecessors-in-interest and shall have paid the real estate tax thereon. 4. A minor can apply for a free patent, provided he is duly represented by his natural parents or legal guardian and has been occupying and cultivating the area applied for either by himself or his predecessor-ininterest The following are the steps leading to the approval and issuance of a free patent:

Environment and Natural Resources Office where the land being applied for is located. Who are qualified to apply 1.

Citizens of the Philippines.

2.

Over 18 years old or head of the family.

3.

Not the owner of more than 12 hectares of land pursuant to the 1987 constitution

Can a married woman make a Homestead entry? A married woman can now apply for a patent application under DAO-2002-13 dated June 24, 2002 issued by the then Secretary of the Department of Environment and Natural Resources Heherzon T. Alvarez. This is in accordance with Article II, Section 14 of the Constitution and Republic Act No. 7192 otherwise known as the "Women in Development and Nation Building Act" as implemented by DAO No. 98-15 of May 27, 1998 on "Revised Guidelines on the Implementation of Gender and Development (GAD) Activities in the DENR". This Administrative Order gives women, equal right as men in filing, acceptance, processing and approval of public land applications. Legal Requirements 1.

Application fee of P50.00;

1. Filing of application;

2.

Entry fee of P5.00;

2. Investigation;

3.

Final fee of P5.00;

3. Posting of notice for two (2) consecutive weeks in the provincial capitol or municipal building and barangay hall concerned;

4.

Approved plan and technical description of the land applied for;

5.

Actual occupation and residence by the applicant;

4. Order of approval of application and issuance of patent; 5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof;

Steps leading to the issuance of a Homestead patent 1.

Filing of application;

6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of Title.

2.

Preliminary Investigation;

3.

Approval of application;

The following officials of the Department of Environment and Natural Resources (DENR) are authorized to approve applications for homestead and free patents:

4.

Filing of final proof which consists of two (2) parts;

1. Up to 5 hectares – Provincial Environment and Natural Resources Officer (PENRO) 2. More than 5 Ha. to 10 Ha. – Regional Executive Director of the DENR.

a.

Notice of intention to make Final Proof which is posted for 30 days.

b.

Testimony of the homesteader corroborated by two (2) witnesses mentioned in the notice. The Final Proof is filed not earlier than 1 year after the approval of the application but within 5 years from the said date.

HOMESTEAD PATENT

5.

Confirmatory Final Investigation;

Homestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned upon actual cultivation and residence.

6.

Order of Issuance of Patent;

7.

Preparation of patent using Judicial Form No. 67 and 67-D and the technical description duly inscribed at the back thereof;

8.

Transmittal of the Homestead patent to the Register of Deeds concerned.

Where should Homestead Application be filed? A Homestead application like any other public land applications should be filed at the DENR-Community

Signing and Approving Authority For Homestead and Free Patents: 1.

Up to 5 hectares (has.) - PENRO

2.

More than 5 Has. to 10 Has. - RED

3.

More than 10 Has. - DENR Secretary