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Do you own a piece of land but the same is not titled or registered with the Registry of Deeds? Have you or your parents or the person you bought it from actually resided on and continuously possessed and occupied the same land? Then you might be eligible to apply for a free patent. 

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The applicant for a free patent recognizes that the land applied for belongs to the government. A patent, by its very definition, is a governmental grant of a right, a privilege, or authority. A free patent is an instrument by which the government conveys a grant of public land to a private person. (De Leon v. De Leon-Reyes, G.R. No. 205711, 30 May 2016)

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What are the qualifications to apply for a free patent?

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1. Must be a Filipino citizen
2. Must have either by themselves or through their predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for
3. Residence and continued possession and occupation must be at least ten (10) years

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The law requires the applicant to actually reside in the subject property. Using it for a business without actually residing in that land is not the kind of residence contemplated by the law.

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The applicant does not have to be the one actually residing therein. It could also be the father or mother or relative from whom the applicant inherited the land or from the seller who sold that land to the applicant or the from the donor who gave that land to the applicant.

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What is the type of land that can be applied for?

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Lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 (Revised Forestry Code) shall be violated.

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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, shall also be covered by this Act.

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The land applied for must not be needed for public service and/or public use.

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What is the maximum area of the land that can be applied for?

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• 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; 

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What are required in the application?

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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 in Section 1 hereof.

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Where to file?

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All applications shall be filed immediately before the Community Environment and Natural Resources Office (CENRO) of the DENR.

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Conclusion

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While it is well and good if you possess a tax declaration for the land you are living in, it is best to have your land titled to prevent anyone from having an adverse interest thereon.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on concerns regarding the titling of land, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm that provides assistance in the titling of lands. For property concerns: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.