Simplifying land titling

THE WAIT is over.

On Dec. 31, 2020, the filing and acceptance of agricultural free patent applications in Community Environment and Natural Resources Offices (CENROs) nationwide was stopped. This was pursuant to Republic Act 9176.

The good news: President Rodrigo Duterte has signed a law that the acceptance of agricultural free patents applications will resume. This law is Republic Act 11573 or the “Act Improving the Confirmation Process for Imperfect Land Titles”. The law was approved on July 16, 2021.

Who may apply?

Sections 2 and 14 provide that an applicant is a natural-born citizen of the Philippines who is not the owner of more than 12 hectares of land and who, for at least 20 years prior to the filing of the application for agricultural free patent, must have continuously occupied and cultivated a trace or tracts of alienable and disposable agricultural public lands. He or she shall have paid the real estate tax to be entitled to have a free patent issued.

How and where to apply for free patent?

Section 3 provides that the applicant may file with the CENRO or Provincial Environment and Natural Resources Office (PENRO).

For provinces with no CENRO, the applicant may apply with the PENRO. The law mandated the CENRO and PENRO to process the application within 120 days from filing.

Additionally, “the CENRO shall thereafter forward its recommendation to the PENRO if the area of the land is below five hectares; to the DENR Regional Director if the area of the land is at least five up to 10 hectares; and to the Secretary of DENR if the area of the land is more than 10 up to 12 hectares.

The approval of the application is within five days or less. It is counted from the receipt of the recommendations or upon the completion of the processing of the application within the reglementary period.

The applicant must prove that the land is alienable and disposable. Section 7 provides that “a duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain is sufficient proof that the land is alienable.”

The new law is beneficial to claimants because it simplifies the procedures and requirements for the judicial confirmation of land titles.

This is also in line with the Administration’s 10-point Socioeconomic Agenda, under Agenda number 6 that ensures the security of land tenure to encourage investments and address bottlenecks in land management and titling agencies./PN