Homestead Patents

Gomez, Gonzaes, Grafe, Gumapac. Gumpal, Ismael

Definition
• Mode of acquiring alienable and disposable lands of the public
domain for agricultural purposes.
• Acquisition is conditioned upon continuous and personal occupancy
of the area as a home and the cultivation and improvement of the
land so acquired.
De Los Angeles v. Santos
Doctrine: A homestead patent does not finally dispose of the public or
private character of the land as far as courts acting in proceedings in
rem are concerned.
De Los Angeles v. Santos
• Conflict over the public or private nature of the controverted land
• In their application for registration of the land petitioners claim they
have acquired said land for a fee.
• The Director of Lands and opposed the application stating that a
portion of the lands were of the public domain.
• Respondent Hidalgo also opposed the application stating that he had
acquired ownership over the land via homestead patent
De Los Angeles v. Santos

Issue: Whether or not a land registration court which has validly

acquired jurisdiction over a parcel of land for registration of title can be
divested of their jurisdiction by a subsequent administrative act
De Los Angeles v. Santos
Held:
No. The Director of Lands only has administrative supervision and
executive control over land of the public domain, not those that are
private. Since Petitioners were already owners of said land prior to the
application for a homestead patent, the Director of Lands could not
have issued a homestead patent over the same. Homestead patents
issued by the Director over private lands are void.
Legal Procedure for application for a
Homestead patent
Requirements for CENRO application:
• Copy of plan based on actual survey
• Copy of technical description
• Sketch of the land showing adjacent lots, corners that define
boundaries
• Certification from the RTC that there is no pending land registration
Legal Procedure for application for a
Homestead patent
• Filing for application at CENRO
• Posting of notices for 15 days in 2 conspicuous places within the city
or municipality
• Publication of the application within 120 days from application
• Upon approval by CENRO, the application will be forwarded to PENRO
• Ocular inspection
• Opposition
• Recording
Procedure for application for a Homestead
patent in the actual practice
Requirements for CENRO application
• Verification by the DENR if the land is indeed alienable
• Statement that applicant is in open, continuous, exclusive, notorious possession of the property
and that the applicant has been tilling the land as a means of livelihood
• Ownership affidavit and waiver of the previous owner stating that he no longer owns the land
• Issuance by the DENR of certificate of possession
• Land Survey
• Secure certification from Barangay that the applicant is a registered voter and resident of the
barangay.
• Presentation of community tax certificate or cedula
• Filing of DENR forms
• Payment of amount based on zonal value of property
Procedure for application for a Homestead
patent in the actual practice
• Application to CENRO
• Upon approval, application will be forwarded to PENRO
• PENRO then conducts preliminary then final screening and then finally review of the supporting
documents
• Drafting of technical description review
• Review of the technical description
• Preparation of order of award
• Final Encoding
• Final Review and signing of technical description
• Recommendation for approval
• Approval
• Transmittal of approved patent to the ROD
Discussion on differences