ADMINITRATIVE REGISTRATION

As a rule, no public land can be acquired except by grant by the State. In other words, it
is indispensable that there be showing of a title from the State. This title may be acquired by
disposition of land by the State which may come in the form of Homestead Patent, Sale, or Free
Patent.

Sec. 103 of PD 1529 mentioned instruments whereby lands are “alienated, granted, or
conveyed” or in other words were disposed are instruments of transferring ownership. Thus, the
legal standing of lands disposed by the State though the modes of dispositions, after due
registration are deemed registered land. Public land patents when duly registered are absolute
Torrens tiles subject to no encumbrance except those stated by the law. They become private
property which can no longer be the subject of subsequent disposition.

Public lands suitable for agricultural purposes can be disposed of only as follows, and not
otherwise: (1) For homestead settlement (2) By sale (3) By lease (4) By confirmation of
imperfect or incomplete titles: (a) By judicial legalization (b) By administrative legalization (free
patent)

HOMESTEAD PATENT

The law provides the following requirements for a person to acquire a homestead settlement:

1. He Filipino citizen, at least 18 years of age or head of the family

2. The Homestead does not exceeding 12 hectares of agricultural land
3. That he has cultivated and improved at least 1/5 of the land
4. He is a Resident for at least 1 year in the Municipality, or Municipality adjacent to it
5. He has paid all the fees

The law did not specifically mentioned in the first requirement that the Filipino citizen
should be at least 18 years of age and head of the family. Thus, it is enough that he is a Filipino
citizen and at least 18 years of age or Filipino citizen and head of the family.

It should be noted that the 24 hectares, which was the maximum land area that may be
owned by person applying for homestead settlement mentioned in CA 141 was amended by R.A.
6940 which reduced it only to 12 hectares.

If the applicant should have failed to cultivate at least 1/5, no certificate shall be given or
patent issued for the land applied for. The cultivation of the land shall not be less than one year
but should not be more than 5 years.
He must notify the Director of Lands of his residence to the municipality or its adjacent where
the land is located. Finally if he has complied with all the requirements of this Act, then, upon
the payment of five pesos, as final fee, he shall be entitled to a patent.

As a general rule, you cannot transfer homestead except: first, only after the 5 year
prohibitory period and second, if in favor of the government and it should be with the consent or
approval of the Secretary of the DENR.

The 5 year period will start upon the issuance of the order of approval by the PENRO.
The Application is filed with the Community Environmental and Natural Resources Office
(CENRO) and the application will be processed within 120 days (to include compliance with
notices and legal requirements) and it will be given Provincial Environmental and Natural
Resources Office (PENRO), 5 days to approve or disapprove the patent, if approved, patent will
be issued.

Every transfer without the approval of the director of lands shall be null and void and
when a person has already successfully transferred his rights, he may no longer apply for a new
homestead.

In cases when a land is erroneously included in a homestead patent, it was held in Lopez v
Esquivel, G.R. No. 168734, that Lands acquired under homestead patents come from the public
domain. If the subject property was erroneously included in the homestead patent awarded, then
the subject property must be returned to the State.

But, a patentee should also register the land granted to him, because when he does not
register such land, the non-registration of homestead patent with the Register if Deeds, the deed
as a contract between the Government and the patentee rendered it Functus Officio as held in
Pasino v Monterroyo G.R. No. 159494 July 31, 2008

FREE PATENT

CA 141, as amended by Republic Act No. 6940 provides the following requirements for Free
Patent:

1. Any natural-born citizen of the Philippines

2. He is not the owner of more than twelve (12) hectares and to have a free patent issued
to him for such tract or tracts of such land not to exceed twelve (12) hectares

3. He has continuously occupied and cultivated, either by himself or through his

predecessors-in-interest for at least thirty (30) years prior to the effectivity of this amendatory
Act,
 4. The tract or tracts subject to disposition shall be agricultural public lands.

5. He shall have paid the real estate tax.

6. The land has not been occupied by any person.

In the case of Metropolitan Bank And Trust Company v Edgardo D. Viray G.R. No.
162218, it stated that: the main purpose in the grant of a free patent or homestead is to preserve
and keep in the family of the homesteader that portion of public land which the State has given to
him so he may have a place to live with his family and become a happy citizen and a useful
member of the society. In Jocson v. Soriano, we held that the conservation of a family home is
the purpose of homestead laws. The policy of the state is to foster families as the foundation of
society, and thus promote general welfare. The sentiment of patriotism and independence, the
spirit of free citizenship, the feeling of interest in public affairs, are cultivated and fostered more
readily when the citizen lives permanently in his own home, with a sense of its protection and
durability.

The filing, processing and issuance of free patent constitutes administrative mode of
confirming an imperfect title; judicial mode is under sec. 48b which provides: Those who by
themselves or through their predecessors in interest have been in open, continuous, exclusive,
and notorious possession and occupation of agricultural lands of the public domain, under a bona
fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing
of the application for confirmation of title except when prevented by war or force majeure. These
shall be conclusively presumed to have performed all the conditions essential to a Government
grant and shall be entitled to a certificate of title under the provisions of this chapter.

In cases where a patent is procured through fraud it was held in Gregoria Martinez, v
Court of Appeals , G.R. 0 No. 170409 that a certificate of title issued on the basis of a free patent
procured through fraud or in violation of the law may be cancelled, as such title is not cloaked
with indefeasibility.

Lastly, lands acquired under Free patent shall not be encumbered or alienated within five
years from the date of issuance of the patent or be liable for the satisfaction of any debt
contracted prior to the expiration of the period.

Free Patent to Residential Land

Under R.A. 10023, Natural born citizen of the Philippines who is an actual occupant of a
residential land may apply for a Free Patent Title. That in highly urbanized cities, the land should
not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred
(500) square meters; in first class and second class municipalities, it should not exceed seven
hundred fifty (750) square meters; and in all other municipalities, it should not exceed one
thousand (1,000) square meters. Further, It shall include all lands that are zoned as residential
areas, including townsites as defined under the Public Land Act, as well as Zoned residential
areas located inside a delisted military reservation or abandoned military camp, and those of
local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the
National Integrated Protected Areas System (NIPAS) law.

For Highly Urbanized Cities, have more than 200,000 populations more than 50M
income. For Other Cities they have less than 200,000 populations and less than 50M income. For
first class municipality must at least 55,000,000 income and second class municipalities hast an
income of 45M, but does not exceed 55M. In all other municipalities have less than 45m of
income.

The application on the land applied for shall be supported by a map based on an actual
survey conducted by a licensed geodetic engineer and approved by the Department of
Environment and Natural Resources (DENR) and a technical description of the land applied for
together with supporting affidavit of two (2) disinterested persons who are residing in the
barangay of the city or municipality where the land is located, attesting to the truth of the facts
contained in the application to the effect that the applicant thereof has, either by himself or
through his predecessor-in-interest, actually resided on and continuously possessed and
occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten
(10) years and has complied with the requirements prescribed.

R.A 10023 already removes the restrictions regarding encumbrances, conveyances,

transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of C.A. 141 in Free
Patent to Residential Land.

All applications shall be filed immediately after the effectivity of this Act before the
Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is
mandated to process the application within one hundred and twenty (120) days to include
compliance with the required notices and other legal requirements, and forward this
recommendation to the Provincial Environment and Natural Resources Office (PENRO), who
shall have five (5) days to approve or disapprove the patent.

Sales patent

Sec. 22 of C.A. 141 provides the following requirements for the sale of a Public Agricultural
Land:

1. Any citizen of lawful age of the Philippines, and any such citizen not of lawful age who is a
head of a family, or 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 Filipino citizen

2. Any tract of public agricultural land

3. In the case of an individual he may purchase land not to exceed (one hundred and forty-four)
144 hectares and in that of a corporation or association (one thousand and twenty-four) 1024
hectares.

4. But the total area so purchased shall in no case exceed the one thousand and twenty-four
hectares authorized in this section for associations and corporations

Before the sale shall be conducted, Lands sold under the provisions of this chapter must
be appraised and 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 where the
lands are located and in the bulletin board of the Bureau Of Lands 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. but if the value of the land does not exceed two hundred
and forty pesos, the publication in the Official Gazette and newspapers may be omitted.

After which such land shall be sold in sealed bidding. All bids must be sealed and
addressed to the Director of Lands and must have enclosed therewith cash or certified check,
treasury warrant, or 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.

Upon the opening of the bids, the land shall be awarded to the highest bidder. If there are
two or more equal bids which are higher than the others 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
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.

The purchase price shall be paid in not more than ten equal annual installments from the
date of the award. 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 of 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 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.

REPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable
and disposable lands of the public domain for residential purpose. The application to purchase
 the land is called the Miscellaneous Sales Application and the corresponding patent is called the
Miscellaneous Sales Patent.

The following are the qualifications for such application:

1. A Filipino citizen of lawful age, married; if single, applicant must be the head or bread winner
of the family;

2. He is not the owner of a home lot in the municipality/city where the land applied for is
located;

3. He must have occupied in good faith the land applied for and constructed a house thereon
where he/she and family is actually residing.

4. The applicant can only be granted a maximum area of 1,000 square meters

Aside from sale, the constitution also allows the lease of public land, provided, in the case of
Filipino Citizen the land leased must not exceed 500 hectares and in the case of juridical entity, it
does not exceed 1000 hectares and only for a period not exceeding 25 years, renewable for not
more than 25 years.

SPECIAL PATENTS
A special patent is a patent to grant, cede, and convey full ownership of alienable and
disposable lands formerly covered by a reservation or lands of the public domain. It is issued
upon the promulgation of a special law or act of congress or by the Secretary of Environment
and Natural Resources as authorized by an executive Order of the President. (Chavez v. Public
Estates Authority, G.R. No. 133250)
An alienable and disposable lands of the public domain may be disposed by virtue of
special patents in the following purposes: a) for the use of non-Christian Filipinos, b) for
educational, charitable and similar purposes, and c) in payment of landed estates acquired by the
government.

a. For the use of non-Christian Filipinos (Section 84, Public Land Act)
The President may, by proclamation, designate any tract or tracts of land including in the
reservation for the exclusive use of non-Christian Filipinos.

Qualifications:
1. There must be a recommendation of the Secretary of the Agriculture;
2. The non-Christian Filipinos must not owned, by title or gratuitous patent, four or more hectares
of land.
3. In case of land of public domain reserved for public and semi-public purposes, a certification that
the non-Christian inhabitants to such lands have advanced sufficiently in civilization.
 The use and benefit of tract or tracts of land to be granted must not exceed four hectares for each
male member over eighteen years of age or the head of a family. But any non-Christian
inhabitant may at any time apply for the general benefits of special patent provided that he is
qualified for the purposes.

b. For educational, charitable and similar purposes (Section 69 & 70)

Any alienable and disposable land of the public domain, by special patents, be disposed
for the purpose of founding a cemetery, church, college, school, university, or other institutions
for educational, charitable or philanthropically purposes or scientific research.
The President, upon the recommendation of the Secretary of Agriculture, may execute
contracts in the form of donation, sale, lease, exchange, or any other form any portion of the land
of the public domain open to concession for educational, charitable or other similar purposes in
favor of any province, municipality, or other branch or subdivision of the Government. The land
so granted may not be encumbered or alienated except: 1) when the public service requires, and
2) with the approval of the President.

Other Matters to be considered:

1. The area to be granted must not exceed ninety-six hectares;
2. The sale or lease shall be made subject to the same conditions as required for the sale and lease
of agricultural public land, but the Secretary of Agriculture and Commerce may waive the
conditions requiring cultivation.
3. The Secretary of Agriculture and Commerce, if conveyance he sees fit, may order the sale to be
made without public auction, at a price to be fixed by said Secretary, or the lease to be granted
without auction, at a rental to be fixed by him.

c. In payment of landed estates acquired by the government.

Under section 1 of Republic Act 926, In payment of compensation for landed estates
acquired by the Government, whether thru voluntary agreement or thru expropriation
proceedings, the President of the Philippines may convey in behalf of the Republic, with the
written consent of the owner of land, in total or partial payment of such compensation, such
public land as is disposable by sale or lease to private individuals in accordance with law and
such other similarly disposable property pertaining to the Republic of the Philippines. In
effecting such exchange involving public agricultural land, the assessed value shall not be taken
into consideration.

EMANCIPATION PATENTS
The land granted under this patent apply to tenant farmers of private agricultural lands
primarily devoted to rice and corn under a system of sharecrop or lease-tenancy, whether
classified as landed estate or not. If the land is not irrigated, the tenant farmer shall be deemed
owner of a portion constituting a family-size of five (5) hectares, and if irrigated, only three (3)
hectares. However, the covered landowner may retain not more than seven hectares of his land if
his aggregate landholding does not exceed 24 hectares. Otherwise, his entire landholding is
covered without him being entitled to any retention right.

Restrictions
Under PD No. 27, title to land acquired pursuant to this decree shall not be transferable
except by hereditary succession or to the Government in accordance with the provisions of this
Decree, the Code of Agrarian Reforms and other existing laws and regulations.

Subsequent dealings on lands covered by PD 27

Under Section 106 of PD No. 1529, no voluntary deed or instrument purporting to be a
subdivision, mortgage, lease, sale or any other mode of encumbrance or conveyance of private
agricultural land principally devoted to rice or corn or any portion thereof shall be registered.
Exception: unless accompanied by an affidavit of the vendor or executor stating that the land
involved is not tenanted, or if tenanted, the same is not primarily devoted to the production of
rice and/or corn.

FRIAR LANDS
These lands were purchased by the Government for sale to actual occupants under the
provisions of Act 1120 or the Friar Lands Act. These lands are not public lands but private and
patrimonial property of the State.
The Land Management Bureau shall first issue a certificate stating therein that the
government has agreed to sell the land to such settler or occupant. The latter shall then accept the
certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest
specified in the certificate. The conveyance or certificate of sale executed in favor of a buyer is a
conveyance of ownership of the property, subject only to the resolutory condition that the sale
may be cancelled if the price agreed upon is not paid in full.

In Manotok v. Barque, G.R. No. 162335, “Sale Certificate No. 1054 was not signed by
the Director of Lands nor approved by the Secretary of the Interior. The Certificates of
Assignment of Sale contained only the signature of the Director of Lands. The Manotoks
belatedly secured from the National Archives a certified copy of Deed of Conveyance No. 29204
dated December 7, 1932, which likewise lacks the approval of the Secretary of Agriculture and
Natural Resources as it was signed only by the Director of Lands.
Act No. 1120 SECTION 18. No lease or sale made by Chief of the Bureau of Public
Lands under the provisions of this Act shall be valid until approved by the Secretary of
the Interior.
It is clear from the foregoing provision and from jurisprudence that the sale of friar lands
shall be valid only if approved by the Secretary of the Interior (later the Secretary of Agriculture
and Commerce).”
FORESHORE LANDS
These are inalienable unless converted by law into alienable and disposable lands of the
public domain. In Chavez v. PEA, GR No. 133250, “The Regalian doctrine is deeply implanted
in our legal system. Foreshore and submerged areas form part of the public domain and are
inalienable. Lands reclaimed from foreshore and submerged areas also form part of the public
domain and are also inalienable, unless converted pursuant to law into alienable or disposable
lands of the public domain. “

Chavez v. Public Estates Authority G.R. No. 133250

The Public Estates Authority (PEA) is the central implementing agency tasked to undertake
reclamation projects nationwide. It took over the leasing and selling functions of the DENR
(Department of Environmental and Natural Resources) insofar as reclaimed or about to be
reclaimed foreshore lands are concerned.
PEA sought the transfer to the Amari Coastal Bay and Development Corporation, a private
corporation, of the ownership of 77.34 hectares of the Freedom Islands. PEA also sought to have
290.156 hectares of submerged areas of Manila Bay to Amari.
ISSUE: Whether or not the transfer is valid.
RULING: No. To allow vast areas of reclaimed lands of the public domain to be transferred to
Amari as private lands will sanction a gross violation of the constitutional ban on private
corporations from acquiring any kind of alienable land of the public domain.
The Supreme Court affirmed that the 157.84 hectares of reclaimed lands comprising the Freedom
Islands, now covered by certificates of title in the name of PEA, are alienable lands of the public
domain. The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural
resources of the public domain. The transfer (as embodied in a joint venture agreement) to
AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, is void for
being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private
corporations from acquiring any kind of alienable land of the public domain. Furthermore, since
the Amended JVA also seeks to transfer to Amari ownership of 290.156 hectares of still
submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII
of the 1987 Constitution which prohibits the alienation of natural resources other than
agricultural lands of the public domain.

REGISTRATION OF PATENTS

Purpose and effect of registration

Public land patents when duly registered are veritable Torrens titles subject to no
encumbrances except those state therein, plus those specified by the statute. They become private
property which can no longer be subject of subsequent disposition by the Director of Lands.
After due registration and issuance of the certificate of title, the land shall be deemed registered
land to all intents and purposes under the Property Registration Decree.

Mandatory nature of registration

 Under section 51 of PD 1529 par 2, “the act of registration shall be the operative act to
convey or affect the land insofar as third persons are concerned, and in all cases under this
Decree, the registration shall be made in the office of the Register of Deeds for the province or
city where the land lies.”

CERTIFICATE OF TITLE ISSUED PURSUANT TO PATENTS

Generally, certificate of title issued pursuant to patents have the same effect as those
issued pursuant to PD 1529. Thus, the title is incontrovertible, imprescriptible and indefeasible.
In heirs of Tengco v. Heirs of Aliwalas, GR No. 77541, an OCT issued on the strength
of a homestead patent partakes of the nature of a certificate of title issued in a judicial
proceeding, as long as the land disposed of is really part of the disposable land of the public
domain, and becomes indefeasible and incontrovertible upon the expiration of one year from the
date of the promulgation of the order of the Director of Lands for the issuance of the patent. A
homestead patent, once registered under the Land Registration Act, becomes as indefeasible as a
Torrens title.
Lands covered by title issued pursuant to patents can no longer be subject matter of
a cadastral proceeding.
In Gomez v. CA, 168 SCRA 503, “It is a settled rule that a homestead patent, once
registered under the Land Registration Act, becomes indefeasible and incontrovertible as a
Torrens title, and may no longer be the subject of an investigation for determination or judgment
in cadastral proceeding.”