Grant M.

Magsombol
Property and Land Laws

1. How do we apply the doctrine in Republic vs. Pasig Rizal?

Supposing Mt. Makiling is classified as forest. In year 2010 it was re-classified as Agricultural. In year 2020, it was declared as Alienable
and Disposable. Is the land now Patrimonial? If Pedro occupied a 1-hectare portion of Mt. Makiling Since 2003 can he now have that
portion registered? Supposing Jose occupied another 1-hectare portion of Mt. Makiling since 2014 can he now have that portion
registered?

Mt. Makiling, to be classified as a patrimonial land, should have an express declaration from the state that it was classified as a
patrimonial land. In such case, it will not be automatically considered as a patrimonial land.

Applying the doctrine in Republic v. Pasig Rizal, a land to be classified alienable and disposable, must first comply with the
classification that it must be an agricultural land. Subsequently, such land may be declared as alienable and disposable for such land to
be owned by a private individual.

In the case of Pedro, occupying a 1 hectare land since 2003, he can register such land under his name. It was already at least 20 years
when he commenced the occupation of that land. Although declaration of Mt Makiling as alienable and disposable is on 2020, he can
still register it by virtue of the retroactive application of RA 11573 as discussed in Republic v. Pasig Rizal Case. The retroactivity of a law
can only be done if the new right does not prejudice or impair any vested right. By virtue of prescription, Pedro is occupying the land for
at least 20 years, which can be considered as an act tantamount to the possession of the subject property.

It will be a different situation for Jose. Since his occupation begins 2014, 20-year period land acquisition through prescription will not be
applicable. He cannot have that portion registered under his name.

2. Supposing Camp Crame was abandoned, and the military camp was transferred to Bulacan Province. Is the land where Camp
Crame used to be now Patrimonial?

The abandonment of Camp Crame will deem its classification to a patrimonial land.

Applying the case of The Republic v. Pasig Rizal, the property of state which is not being devoted for public use, for public service, or
the development of the national wealth is considered as a patrimonial property as provided by Article 421 of the Civil Code.

3. Supposing the Provincial Government of Batangas acquired a 10 hectare land from Don Juan due to non-payment of taxes.
Assuming that the land is unregistered. Is the land patrimonial?

The acquired land by the Provincial Government of Batangas is considered as a patrimonial land. In that case, the land is not devoted
for public use, public service, or for development of national wealth.

Also, the land recovered from Don Juan is most likely an agricultural land, wherein such classification has a character of being
alienated and of being disposed. As discussed in the case of The Republic v. Pasig Rizal, it was held that the Government may have
the possession of properties which are patrimonial in nature, wherein such ownership of the Government is through its private capacity.
The property will get rid of its character as alienable and ceased to be within the commerce of man.
How to acquire homestead patent?
Steps for a Homestead Patent in the Philippines:
1. Assessment at CENRO
2. Submission of the requirements at CENRO
3. Preliminary Investigation Report and Land Data Record Sheet
4. Approval of Application
5. Notice of Intention to Make Final Proof
6. Final Proof with the Testimony of Applicant
7. Final Investigation Report
8. Preparation of Judicial Form No. 67 and 67-D with the technical description on the back
9. Issuance of Patent
10. Transmittal to the Registry of Deeds
11. Registry of Deeds to issue Original Transfer of Title

How to acquire free patent?

1. Duly accomplished Free Patent Application and prescribed forms, with the following attached documents:

• Proof of Claims/Ownership of the Land

• Certified True Copy of Approved Survey Plan or Cadastral Map
• Copy of technical description
• Affidavit of two (2) disinterested persons residing in the barangay of the city or municipality where the land is located attesting
that the applicant thereof has either by himself or through his predecessors-in interest, actually resided on and continuously
possessed and occupied under a bonafide claim of acquisition of ownership, the subject land for at least ten (10) years
• Certification from the Regional Trial Court concerned that there is no pending land registration case
involving the parcel being applied for
• Certification from LGU that the area applied for is zoned as Residential
• Certification from CENRO that the land is A and D
• Affidavit stating that the land is the only land applied for by the applicant.
• Government issued ID of applicant and representative (Postal, Voter’s, GSIS, LTO, PhilHealth, Senior Citizen’s, SSS, etc.)
• Latest photograph of land and house (preferably geo-tagged)
• Latest photograph of the applicant and representative.

2. Complete the Application Form

3. Submit the Application
4. Attend Interviews or Hearings
5. Compliance Inspection
6. Processing and Approval

How to acquire a miscellaneous sales patent?

Miscellaneous Sales Patent Process of Sale for Untitled Land under RA 730:

1. Go to the DENR Community Environment and Natural Resources Offices (CENRO) to check the status of the land
and whether you should file for a Miscellaneous Sales Patent, a Residential Free Patent or an Agricultural Free
Patent.
2. CENRO will advise you on the list of requirements needed.
3. Gather the list of requirements and submit it to CENRO
4. CENRO verifies the application is complete and checks the lot status, survey records and whether or not there have
been previous applications.
5. Pay the application fee.
6. CENRO will prepare BL form V37 and conduct an investigation through the Land Management Inspector (LMI). The
LMI will go to the property and prepare posting requirements.
7. CENRO will ask you to pay 10% of the purchase price. The balance can be paid at the time of the award or in 10
equal annual payments from the date of the award. These 10 equal payments will bear an interest of 4% per annum.
8. When the full payment is received, the LMI will conduct a final investigation of the land by viewing it and doing a final
verification.
 9. If the LMI finds all is in order the CENRO will issue a Miscellaneous Sales Patent which should be sent to the
Registry of Deeds (RD)
10. The RD will release the Original Owner’s Copy of the Title

How to acquire a special patent? Based on DENR Administrative Order No. 2015-01
At the CENR Office:

1. Request for issuances of Special Patents shall be accompanied by the requirements mentioned in Section 5, Par. (A)
hereof.
2. Posting of Notices. & ndash; Upon receipt of the request. The CENR Office concerned shall cause the posting of notices
for fifteen (15) days in the municipal or city hall, barangay hall and the public school premises. The CENR Officer shall
issue the certificate of posting or notice after the 15- day period has elapsed.
3. The CENR Office is required to process the request, within a period of the hundred twenty (120) days from the date of
filing of the accomplished request form in accordance with RA No. 10023. The 120-day period starts upon filing of an
accomplished request for Special Patent. The period for verification with the records (e.g. to determine whether or not a
patent had already been issued for the parcel in question) shall be included in the 120-day period.
4. In case the school site has no approved survey, the CENR Officer shall issue a Survey Authority/Order to DepEd or DENR
Survey Unit for the survey of the parcel. In such a case, the survey and investigation under the next preceding section
shall as far as practicable be accomplished simultaneously. However, the period for approval of surveys shall not be
included in the 120-day period.
5. The designated land investigator shall conduct an ocular inspection on the parcel of land, subject of the request for
issuance of Special Patent. He/she shall determine the eligibility of the land under the provisions of RA 10023 as well as
verify the claims of the requesting party on the land. The land investigator shall acknowledge the receipt of all documents
pertaining to the request for the issuance of a Special Patent.
6. The investigation report shall contain, among others, that the land is alienable and disposable and that the land is actually
possessed, occupied and used as a public school site.
7. In case an opposition is filed, the 120-day period for processing shall be deemed interrupted. Only oppositions based on a
Certificate of Title duly issued to the oppositor over the same parcel shall be given due course. The CENR Officer shall
refrain from entertaining oppositions based on frivolous claims.
8. The CENR Officer shall fast track the resolution of all oppositions arising from the Special Patent requests through the use
of alternative dispute resolution (ADR) mechanisms. The CENR Officer shall resolve the opposition or make a
recommendation within 30 days from the filing of such opposition.
9. Upon approval of the CENR Officer, the request and the complete records of the Special Patent shall be forwarded to the
PENR Officer for his/her approval and signature.
10. The CENR Officer shall include all records of the Special Patent in the Land Administration and Management and
Management System (LAMS).

At the PENR Office:

The PENR Officer shall have five (5) days from receipt of the transmittal from the CENR Officer to approve or disapprove the Special
Patent request. In the NCR, the Regional Director shall approve and sign the Special Patent.

In case of disapproval of the request, the same is without prejudice to the re-filing thereof.