envi presentation

7/30/2019 Envi Presentation

1/41

L.R.A.

Land Registration Authority


2/41

History

Sir Robert Torrens originated the system of land registration known today all overthe world as the Torrens System. As the Commissioner of Customs in SouthAustralia, Torrens was inspired by the facility with which ships or undivided sharetherein were negotiated and transferred in accordance with the MerchantShipping Acts. Becoming a register of deeds, he advised a scheme of registration oftitle that improved on the old system. When he became a member of SouthAustralia's First Colonial Ministry, he introduced in the parliament a bill providingfor the adoption of his scheme of land registration. The measure was passed andcame to be known as "Torrens System". On November 6, 1902, the PhilippineCommission enacted Act 496, known as Land Registration Law. This provided forthe creation of the Court of Land Registration (CLR), the office of the Registers ofDeeds and of the institution in this country of the Torrens System of registrationwhereby real estate ownership may be judicially confirmed and recorded in thearchives of the government. However, the system actually took effect on February

1, 1903. Five judges were appointed by the Governor-General with the advice andconsent of the Philippine Commission. One judge was designated Judge of Court;the rest were assigned Associate Judges. Other members of the court were a clerkand assistant clerk, both appointed by the Attorney General with the approval ofthe Secretary of Finance and Justice. Along with the court were established theRegistries of Deeds.


3/41

History

Later, the Court of Land Registration, because of Act No. 2374, was given over the Court of FirstInstance and a new office was established - the General Land Registration Office. On June 17, 1954,Republic Act No. 1151 abolished the GLRO and created in its stead the Land RegistrationCommissions (LRC). The Commissioner of Land Registration took over the powers and functions ofthe GLRO, including those of the judge of the fourth branch of the Court of First Instance of Manila.The LRC worked under the jurisdiction of the Department of Justice, and was in direct control of theRegisters of Deeds (RDs) as well as the Clerks of Court of First Instance in land registration cases. Itwas then that registry of deeds was established in every city and every province and a branch

registry was put up wherever else possible at the time. On February 9, 1981, the President of thePhilippines issued Executive Order No.649 reorganizing the LRC into the National Land Titles andDeeds Registration Administration (NLTDRA).This agency operated under the administrativeauspices of the then Ministry of Justice, and extended effective assistance to the Ministry ofAgrarian Reform, the Land Bank of the Philippines, and other agencies in line with the Land ReformProgram. In a Presidential Memorandum Circular of September 30, 1988, the NLTDRA was changedinto the Land Registration Authority. This was in line Executive Order No. 292 dated July 25, 1987,instituting the Administrative Code of 1987, which took effect on November 23, 1989.The Authorityhas grown through the years. It now has 2500 employees nationwide. And it has consistently

increased its revenues though its registries of deeds for the past five years. Many new methods andtechniques have been developed by the administration in the defense of the landowner. Time hasnot stymied the purpose of the agency, but has honored its sense of duty to that of a fine newrazor. In truth the authority is more active than ever, willing and able to be defend the integrity ofthe Torrens system in the Philippines for the benefit of the landowner...the Filipino!!!


4/41

Mission

The Land Registration Authority is mandated toissue decrees of registration and certificates oftitles and register documents, patents and other

land transactions for the benefit of landowners,Agrarian Reform-beneficiaries and the registeringpublic in general; to provide a secure, stable andtrustworthy record of land ownership and

recorded interests therein so as to promote socialand economic well-being and contribute tonational development.


5/41

Mission

To achieve this mission, the LRA is committed toeffectively implement the laws and regulationsrelative to the registration of land titles anddeeds; to maintain and foster greater public trust

and confidence in the Torrens title throughhonest, prompt and efficient service to preserveand maintain the integrity of land records; toprovide vital, accurate and timely land-related

development as well as to provide convenientworking conditions and adequate incentives to allLRA personnel.


6/41

Vision

A LAND REGISTRATION AUTHORITY - (LRA) that is:

An independent corporate body exercising quasi-judicial functions with automated systems and

modern facilities; An effectively managed organization responsive

to the needs of its client and its personnel aswell.

An entity conscious of its role to promote and toattain the full trust and confidence of the publicin the Torrens title.


7/41

Mandate

The LRA exists for the sole purpose of implementing and protecting the Torrens

system of land titling and registration. It is the central repository of all land records

involving registered or titled lands.

It issues decrees of registration pursuant to final judgment of the courts in land

registration proceedings and causes the issuance by a registrar of deeds thecorresponding certificate of title;

It is tasked to issue all subsequent or transfer certificates of title which may either

be issued judicially or administratively; It keeps the title history or records of

transaction involving titled or registered lands; It exercises control over thedisposition or alienation of registered lands in accordance with existing

government rules and regulations; It provides legal and technical assistance to the

courts on land registration cases; It extends assistance to other agencies of the

government in the implementation cases; It extends assistance to other agencies

of the government in the implementation of the agrarian program; Its a revenue-

collecting agency of the government.


8/41

Organizational Structure

LRA CENTRAL OFFICE

The Central Office (CO) performs centralized administrative, financialand legal support to all Registries of Deeds nationwide from itsheadquarters in East Avenue, Quezon City

In addition the Central Office has the primary responsibility of:

Processing and examining documents pertaining to ordinary" and"cadastral" (original) land registration proceedings.

Issuing decrees of registration pursuant to court decisions andorders for the issuance of decree.

Examining and verifying subdivision, consolidation, and

consolidation -subdivision survey plans prior to their approval bythe Administrator.

Administratively reconstituting lost certificates of titles, and injudicial reconstitution, of examining/verifying petitions andpreparing a report to the Regional Trial Court concerned.


9/41

Organizational Structure

Other related services include:

Retrieval of records/information on status of

plans and lots;

Preparation of certified true copy of plans,

technical description of lots/correction of

technical description, decrees of registration;

Resolution of issues raised "en consulta" and

legal queries.


10/41


11/41

What are the requirements to get a Certified

True Copy/Certification/Verification?

Requirements:

1. Letter of Request or Transaction Application Form (TAF).

2. Photocopy of Title.

3. Identification Card

How to Register:

1. Approach the Registration Information Officer (RIO) to check if you have the completedocumentary required for your transaction. Complete the TAF

2. Submit complete documents and the TAF to the Entry Clerk and wait for the Claim AssessmentSlip (CAS)

3. Proceed to the Cashier and pay the Registration fee and IT Fees indicated in the CAS. Receivereceipt and claim stub

4. Claim document from the Releasing Clerk on the date indicated on your claim stub

Same process apply on how to get the Certified True Copy/Certification


12/41

What are the Basic Requirements for

Registration?1. Original of the deed/instrument

If original document cannot be presented, the duplicate original or certified truecopy shall be presented together with a sworn affidavit executed by the interested

party stating why the original document cannot be submitted.

2. Certified copy of the latest Tax Declaration of the property

3. If titled property, owners copy of the certificate of title, and all issued co-owners

copy if anyNote:

a. If a document was executed abroad, a Certificate of Authentication by thenearest Philippine Consulate is required.

b. If either party is a corporation, the following are also required:

i. Secretarys Certificate/Board Resolution indicating the authorized

signatory(ies) and the scope of authorityii. Articles of Incorporation

iii. Certificate of SEC that the articles of incorporation has been registered


13/41

For Issuance of Title Transactions

All issuance transactions require the following documents aside from the basic requirements:

1. BIR Certificate Authorizing Registration (CAR) re: payment of capital gains tax or donors tax, as the case may be

2. Real property tax clearance re: up-to-date payment of taxes

3. Proof of payment of transfer tax

4. If the land is covered by CARP, DAR clearance and Affidavit of Landholding of transferee

Additional requirements for specific types of issuance transactions:

1. Extra-Judicial Settlement / Adjudication

Affidavit of Publication stating that the notice of settlement has been published once a week for (3) consecutive weeks

If minors are involved, Court Order approving the settlement

2. Judicial Settlement of Estate

Court Order approving the partition Certificate of Finality of the court order

If the property is being sold or encumbered during the settlement proceedings, Letters of Administration

3. Extra-Judicial Foreclosure of Mortgage

Certificate of Sale by the sheriff/notary public

Approval of the Executive Judge, RTC

4. Consolidation of Ownership

Affidavit of Consolidation of the purchase or Final Bill of Sale executed by the highest bidder

5. Judicial Foreclosure of Mortgage

Court Order directing the sale by public auction

Deed of Sale issued by the sheriff

6. Execution Sale

Notice of levy or attachment must first be annotated accompanied with a writ of execution

Certificate of Sale

Final Deed of Sale

7. Registration/Sale of Subdivision Project

License to Sell

Development Permit

Certificate of Registration


14/41

For Annotation Transactions

All annotation transactions require the following documents in addition to the basic requirements:

1. Real property tax clearance re: up-to-date payment of taxes

Additional requirements for specific types of annotation transactions:

1. Mortgage / Lease

Documentary stamp tax

For Subdivision and/or Consolidation Transactions

All subdivision/consolidation transactions require the following documents aside from the basic requirements:

1. Letter request for subdivision/consolidation

2. Sepia or polyethylene film of the plan duly approved by Land Registration Authority or the Land ManagementBureau

3. Blue copy of the plan

4. Original technical description (duly approved)

If with change of ownership, the following additional documents are required:

1. Agreement of partition 2. Real estate tax clearance

For Condominium Transactions

If CCTs are to be issued for the first time in the name of the registered owner, the following are required:

1. Master Deed

2. Declaration of Restriction

3. Diagrammatic Floor Plan

4. Letter request for issuance of individual Condominium Certificate of Title

5. Certificate of Registration with HLURB

6. Development permit

7. License to sell

8. Owners duplicate of the title of the land and all issued co-owners duplicate, if any

For subsequent transfer of CCTs

1. Certificate of Management


15/41

Republic Act No. 10023, otherwise known as an Act Authorizing the Issuance of FreePatents toResidential Lands or the Free Patent Act was signed into law by President Gloria Macapagal-Arroyolast March 9, 2010. The newly enacted law aims to ease the requirements and procedures in thetitling of residential lands.

An estimated 39 million Filipinos living on unregistered lands are expected to benefit from the newlaw which has amended RA 9176, otherwise known as the Public Land Act, as reported by

the Manila Bulletin.RA 10023 salient features

RA 10023 reduces the period of eligibility for titling from 30 years to 10 years. However, onlyalienable land not needed for public service or public use may be given a free patent.

Any Filipino who has paid all the real estate taxes for 10 years shall be entitled to free patent forsuch parcel of land in all municipalities and cities.

With the new law signed, landowners can now apply with the Department of Environment andNatural Resources (DENR) to acquire a title through a free patent. This avoids the lengthy andtedious process of acquiring a title through the courts under the Public Land Act which often meantdecades of waiting for court approval.

In order to qualify, the land should not exceed 200 square meters if it is in a highly urbanized city,500 meters in other cities, 750 meters in first-class and second-class municipalities, and 1,000meters in third-class municipalities.

Other salient features of RA 10023 are the issuance of free patents without payment of outstandingreal estate taxes and removal of restrictions after issuance of free patents

Local government units may also apply for a free patent for public land being used for publicschools, municipal halls, public plazas or parks, and other government institutions for public use.

The government expects the Free Patent Law to secure the property rights of the owner and spurentrepreneurial activity in the country as it is expected to facilitate the buying and selling of landsand will also open the doors for title holders to credit facilities of banks and other financialinstitutions using their land titles as collateral for loans.
http://www.chanrobles.com/republicactno9176.htmlhttp://www.mb.com.ph/articles/248410/gma-signs-free-patent-acthttp://www.chanrobles.com/republicactno9176.htmlhttp://www.mb.com.ph/articles/248410/gma-signs-free-patent-acthttp://www.mb.com.ph/articles/248410/gma-signs-free-patent-acthttp://www.chanrobles.com/republicactno9176.html


16/41

MODES OF PUBLIC LAND

DISPOSITION

Free Patent

HomeStead Patent

Miscellaneous Sales Patent Patrimonial Properties
http://lmb.gov.ph/Free_Patent.aspxhttp://lmb.gov.ph/Homestead_Patent.aspxhttp://lmb.gov.ph/Miscellaneous_Sales_Patent.aspxhttp://lmb.gov.ph/Patrimonial_Properties.aspxhttp://lmb.gov.ph/Patrimonial_Properties.aspxhttp://lmb.gov.ph/Miscellaneous_Sales_Patent.aspxhttp://lmb.gov.ph/Homestead_Patent.aspxhttp://lmb.gov.ph/Homestead_Patent.aspxhttp://lmb.gov.ph/Homestead_Patent.aspxhttp://lmb.gov.ph/Free_Patent.aspx


17/41

Free Patent

Qualifications - Any Filipino citizen who is an actualoccupant of a residential land may apply for a FreePatent Title under this Act, provided that in highlyurbanized cities the land should not exceed two

hundred (200) square meters; in other cities it shouldnot exceed five hundred (500) square meters; in firstclass and second class municipalities it should notexceed seven hundred fifty (750) square meters; and inall other municipalities it should not exceed one

thousand (1000) square meters; provided further, thatthe land applied for is not needed for public serviceand/or public use


18/41

Free Patent

Coverage.

-This Act shall cover all lands that are zoned asresidential areas, including town sites as defined

under the Public Land Act; Provided, That none ofthe provisions of Presidential Decree No. 705shall be violated.

Zoned residential areas located inside a delisted

military reservation or abandoned military camp, andthose of local government units or town sites whichpreceded Republic Act No. 7586 or the NIPAS Law,shall also be covered by this Act.


19/41

Free Patent

Application. - The application on the land applied for shall besupported by a map based on an actual survey conducted by alicensed geodetic engineer and approved by the Department ofEnvironment and Natural Resources (DENR) and a technicaldescription of the land applied for together with supportingaffidavit of two (2) disinterested persons who are residing in thebarangay of the city or municipality where the land is located,attesting to the truth of the facts contained in the application to theeffect that the applicant thereof has, either by himself or throughhis predecessor-in-interest, actually resided on and continuouslypossessed and occupied, under a bona fide claim of acquisition ofownership, the subject land for at least ten (10) years and hascomplied with the requirements prescribed in Section 1 hereof.


20/41

Free Patent

Special Patents. - Notwithstanding any provision of lawto the contrary and subject to private rights, if any,public land actually occupied and used for publicschools, municipal halls, public plazas or parks and

other government institutions for public use orpurpose may be issued special patents under the nameof the national agency or local government unitconcerned; Provided, That all lands titled under thissection shall not be disposed of unless sanctioned by

Congress if owned by the national agency, orsanctioned by the sanggunian concerned through anapproved ordinance if owned by the local governmentunit


21/41

Free Patent

Removal of Restrictions. - The restrictions

regarding encumbrances, conveyances,

transfers or dispositions imposed in Sections

118, 119, 121, 122, and 123 of Chapter XIII,Title VI of Commonwealth Act No. 141, as

amended, shall not apply to patents issued

under this Act


22/41

Free Patent

Period for Application. - All applications shall be filedimmediately after the effectivity of this Act before theCommunity Environment 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 requirednotices and other legal requirements, and forward hisrecommendation to the Provincial EnvironmentNatural Resources Office (PENRO), who shall have five

(5) days to approve or disapprove the patent. In caseof approval, patent shall be issued; in case ofconflicting claims among different claimants, theparties may seek the proper judicial remedies


23/41

Free Patent

Implementing Rules and Regulations. - The Director of the LandManagement Bureau of the DENR shall promulgate rules and regulationsto carry out the provisions of this Act, and shall see to it that such aregender responsive.

Repealing Clause. - All laws, decrees, executive orders, executive

issuances or letters of instruction, rules and regulations, or any partthereof, inconsistent with or contrary to the provisions of this Act, arehereby deemed repealed, amended or modified accordingly.

Separability Clause. - If, for any reason or reasons, any part or parts of thisAct shall be declared unconstitutional or invalid by any competent court,other parts or provisions thereof not affected thereby shall continue to bein full force and effect.

Effectivity Clause. - This Act shall take effect fifteen (15) days after itspublication in two (2) national newspapers of general circulation.Approved:


24/41

Free Patent

Laws and Policies

Republic Act No. 10023 "An Act Authorizing theIssuance of Free Patents to Residential Lands

DAO 2010-12 "Rules and Regulations for the Issuanceof Free Patents to Residential Lands Under Republic ActNo. 10023"

DAO 2010 25 Amendment to section 3 of DAO 2010-12otherwise known as "Rules and Regulation for theIssuance of Free Patent to Residential Lands UnderRepublic Act No. 10023"
http://lmb.gov.ph/RA%2010023.pdfhttp://lmb.gov.ph/RA%2010023.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-25_568.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/dao-2010-12_194.pdfhttp://lmb.gov.ph/RA%2010023.pdfhttp://lmb.gov.ph/RA%2010023.pdf


25/41

Homestead Patent

is a mode of acquiring alienable and disposable lands of the publicdomain for agricultural purposes conditioned upon actualcultivation and residence.

Where should Homestead Application be filed?A Homestead application like any other public land applicationsshould be filed at the DENR-Community Environment and NaturalResources Office where the land being applied for is located.

Who are qualified to apply?1. Citizens of the Philippines.2. Over 18 years old or head of the family.3. Not the owner of more than 12 hectares of land pursuant to

the 1987 constitution


26/41

Homestead Patent

Can a married woman make a Homestead entry?

A married woman can now apply for a patent application underDAO-2002-13 dated June 24, 2002 issued by the then Secretary ofthe Department of Environment and Natural Resources HehersonT. Alvarez. This is in accordance with Article II, Section 14 of theConstitution and Republic Act No. 7192 otherwise known as the"Women in Development and Nation Building Act" as implementedby DAO No. 98-15 of May 27, 1998 on "Revised Guidelines on theImplementation of Gender and Development (GAD) Activities in theDENR". This Administrative Order gives women, equal right as menin filing, acceptance, processing and approval of public landapplications.


27/41

Homestead Patent

Legal Requirements?

1. Application fee of P50.00;2. Entry fee of P5.00;

3. Final fee of P5.00;4. Approved plan and technical description of theland applied for;

5. Actual occupation and residence by the applicant;


28/41

Homestead Patent

Steps leading to the issuance of a Homestead patent?

1. Filing of application;2. Preliminary Investigation;3. Approval of application;4. Filing of final proof which consists of two (2) parts;

a. Notice of intention to make Final Proof which is posted for 30 days.b. Testimony of the homesteader corroborated by two (2) witnesses

mentioned in the notice.The Final Proof is filed not earlier than 1 year after the approval of the

application but within5 years from the said date.

5. Confirmatory Final Investigation;6. Order of Issuance of Patent;7. Preparation of patent using Judicial Form No. 67 and 67-D and the technical

description dulyinscribed at the back thereof;

8. Transmittal of the Homestead patent to the Register of Deeds concerned.


29/41

Homestead Patent

Signing and Approving Authority?

For Homestead and Free Patents:

1. Up to 5 hectares (has.) - PENRO

2. More than 5 Has. to 10 Has. - RED3. More than 10 Has. - DENR Secretary


30/41

Miscellaneous Sales Patent

REPUBLIC ACT NO. 730 is an act permitting salewithout public auction of alienable anddisposable lands of the public domain forresidential purpose.

The application to purchase the land is called theMiscellaneous Sales Application and the

corresponding patent is called the MiscellaneousSales Patent.


31/41


WHO ARE QUALIFIED TO APPLY?

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 themunicipality/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 wherehe/she and family is actually residing.


32/41


REQUIREMENTS IN THE FILING OF MISCELLANEOUS SALES APPLICATIONUNDER R.A. NO. 730

1. Application Filing fee of P50.00;2. Approved plan and technical description of the land applied for;3. Affidavit of the applicant stating that:

A. He is not the owner of any other home lot in the municipality/citywhere he resides.B. He is requesting that the land be sold to him under the provision of R.A. No. 730.

4. If the applicant is single, he must submit an affidavit stating that he is

the head or bread winner of the family;5. The land is not needed for public use.


33/41


MAXIMUM AREA THAT MAY BE GRANTED TO ANAPPLICANT

The applicant can only be granted a maximum area of1,000 square meters.

Presidential Decree No. 2004 dated December 30,1985 amended Section 2 of Republic Act 730 thus,lands acquired under this Act before and after the

issuance of patent thereon are no longer subject to anyrestriction.


34/41


STEPS IN ACQUIRING A MISCELLANEOUS SALES PATENT

1. Filing of application at the CENRO;2. Investigation and appraisal of the land applied for;3. Survey of the land if not yet surveyed;4. Investigation report whether the applicant possesses the qualification for direct sales;5. Comment and recommendation of the District/City engineer with the concurrence of the Regional

Director, Department of Public works and Highways;6. Recommendation to the PENRO for approval of appraisal and request for authority to sell without

public auction;

7. Approval of appraisal and grant of authority to sell by the PENRO;8. Posting of notice of sale without public auction for thirty (30) consecutive days in the following

places:A. CENRO Bulletin boardB. Municipal building bulletin boardC. Barangay Hall bulletin boardD. On the land itself

9. Submission of the proofs of posting and payment of at least 10% of the appraised value of theland;

10. Order of Award;

11. Proof of full payment of the purchase price of the land;12. Order issuance of Miscellaneous Sales Patent in Judicial Form No. 167 with the technical

description duly inscribed at the back thereof;13. Approval and signature of the Miscellaneous Sales Patent by the official concerned;14. Transmittal of the Miscellaneous Sales Patent to the Register of Deeds concerned for the

issuance of the corresponding Original Certificate of the Title to the applicant.


35/41

Patrimonial Properties

Lands of certain haciendas which were acquired by the governmentfrom religious orders/corporations or organizations in 1902.

Who are qualify to apply?

Any Filipino citizen of legal age.

Who Shall be given preference to purchase Friar or PatrimonialLands?

Those who are in actual occupation of the land during thesubdivision survey thereof. (CA 36 dated September 15, 1936 asimplemented by LAO No. 10, dated December 8, 1936).


36/41

Patrimonial Properties

Where should a Friar Land application be filed?

Friar land applications like any other kind of public landapplication should be filed at the CENRO within whose

jurisdiction the land applied for is located.

What are the requirements/documents necessary in thefiling of a Friar Land Application?

1. Application fee of P50.00 and documentary stamps;

2. Vicinity sketch plan, approved plan and technical3. descriptions of the land applied for;


37/41

Patrimonial Properties What are the steps leading to the issuance of a Deed of Conveyance/Sale?

1. Survey of the land if not yet surveyed or subdivided;

2. Filing of Friar land application at the CENRO within the whose jurisdiction the land applied for is located; if the applicant is not qualified under theprivate sale CENRO shall announce by bandillo in coordination with the mayor of the municipality where the land is located;

3. Conduct preliminary investigation (Information sheet) and appraisal of the land applied for;

4. Recommendation for the approval of appraisal and request for authority to sell the land at private sale or public auction thru oral bidding to theDirector of Lands Management Bureau;

5. Approval of appraisal and grant of authority to sell at private sale or public auction thru oral bidding by the Director of Lands Management Bureau;

6. Posting of notice of sale for not less than thirty (30) days at the bulletin boards of the following:

a. Municipal Hallb. Barangay Hall, andc. If practicable, on the land itself

7. Private sale or public auction thru oral bidding to be conducted by the CENRO concerned;

8. Submission of report of private sale or bidding and proofs of posting and payment of at least 10% of the purchase price of the land applied for;

9. Preparation and approval of sales contract by the Director of Lands Management Bureau and the purchaser and its notarization;

10. Submission of proof of payment of the full purchase price of the land;

11. Conduct of final investigation and submission of report by the CENRO;

12. Preparation of the deed of conveyance/sale in favor of the purchaser with the technical descriptions inscribed at the reverse side thereof;

13. Approval of the deed of conveyance/sale by the Director of Lands Management Bureau and its notarization thereof;

14. Transmittal of the original copy of the deed of conveyance/sale duly numbered and bearing the seal of the LMB to theRegister of Deeds concerned for the issuance of the corresponding Transfer Certificate of Title to the purchaser.


38/41

Requirements on the issuance of

Deed of Sale Under Special Patents Special Patents are issued over alienable or disposable public lands

pursuant to special laws. Some of the special laws promulgated forthe issuance of special patents are the following:

Republic Act No. 4123 - An Act authorizing the Director of Lands,under the direction of the Secretary of Environment and NaturalResources, to sell certain alienable or disposable lots located inPandacan (known as Estero de Ganado), City of Manila, to presentand actual occupants.;

Republic Act No. 1361, as amended by Rep. Act No. 5941 - an Actauthorizing the President of the Philippines to sell the NationalGovernment Cottages in Baguio City, and the lots on which they aresituated and the furniture and equipment thereat.;


39/41


Deed of Sale Under Special Patents Presidential Decree No. 1766 - a Presidential Decree conveying

certain parcels of land of the publicdomain to the National Development Corporation (NDC) for priorityprojects, previously reserved forthe use of the Company under Proclamation No. 1939.;

Rep. Act No. 3117 - An Act providing for the subdivision of the SanNicolas Foreshore into lots andthe sale of said lots to their leases or to the nbonafide occupants ofsaid lands/lots and for other purposes.;

Presidential Decree No. 1085 - A PDtransferring/conveying/assigning administration and disposition ofcertain reclaimed lands to the Public Estates Authority (PEA), agovernment entity created under PD No. 1084.


40/41


Deed of Sale Under Special Patents Presidential Decree No. 757 - A PD authorizing the National Housing Authority

(NHA) to develop,administer and dispose lots reserved for SIR program pursuant to LOI 555 and557.;

Special patent may also be issued pursuant to a deed of exchange whereby aprivate property is

traversed by a government structure or used by a government agency for publicpurpose. Upon mutual agreement, the government, pursuant to R.A. 926, mayexchange, subject to certain conditions, public land with the private property afterhaving ascertained and certified that the government property is no longerneeded for any other public purpose or purposes.

Special Patents, likewise, may also be issued to a government entity or

instrumentality, overalienable or disposable lands covered by a Presidential Proclamation by virtue ofanotherProclamation, Executive Order or upon promulgation of a special law or Act ofCongress authorizingthe issuance thereof.


41/41


Deed of Sale Under Special Patents Requirements on the Issuance of Special Patent

Filing with the DENR-CENRO concerned of application and/or submission of written requestof the applicant for the issuance of a special patent.;

Preliminary investigation report to ascertain whether the land involved is suitable for thepurpose to which it will be devoted; whether the name is free from claims and conflicts andto determine under what existing special law the land is to be disposed of.;Submission of the written comment and recommendation of related offices concerned(DPWH, DOH, PPA, etc.);

Submission of certified technical description and/or approved plan of the land applied for;Verification and validation of the technical descriptions and/or approved plan of the land bythe Chief, Geodetic Surveys Division.

Preparation of the proposed special patent and the typing of the technical description thereofat a separate sheet/page. Preparation also of Complete Staff Work (CSW).;Checking, validation and signing of the technical descriptions by the Chief, Geodetic Surveys Division.

Revision of, and affixing the initial on, the proposed special patent and related form/written matters/papers by the authorized Land ManagementOfficers of the Reservation and Special Land Grants Section.;

To be forwarded to the Office of the Staff of the Chief, Land Administration and Utilization Division, for final revision and initial/signature on theproposed special patent and related papers/documents.;To be forwarded to the Office of the Assistant Director of Lands Management Bureau for revision andinitial/signature on the proposed special patent and related papers/documents.;

To be forwarded to the Office of the Director of Lands Management Bureau for review and initial/signature on the proposed special patent andrelated papers/documents.;

To be forwarded to the Records Management Division for numbering and transmitting the proposedspecial patent with related papers to the DENR Secretary for his signature and approval or for hisendorsement to the President for his signature and approval

envi presentation

Documents