LMB Manual For Land Disposition PDF

MANUAL FOR LAND DISPOSITION
ACKNOWLEDGMENTS
This document was prepared by the Lands Management Bureau (LMB) of the
Department of Environment and Natural Resources (DENR) in cooperation with the
Food and Agriculture Organization (FAO) of the United Nations under the Technical
Support to Agrarian Reform and Rural Development (TSARRD) Project,
GCP/PHI/040/ITA.
CONTENTS
FOREWORD
Glossary Of Terms
CHAPTER 1. Objectives, Organization, and Functions
1.1
1.2
1.3
Objectives
1.1.1 General
1.1.2 Specific
Organization structure
1.2.1 Land management division
1.2.1.1Urban management section
1.2.1.2Agricultural land management section
1.2.1.3Reservation and special grants section
1.2.1.4Deeds and transfer section
1.2.1.5Land use and classification section
Functions
1.3.1 Regional executive director
1.3.2 Provincial environment and resources officer
1.3.3. Community environment and natural resources officer
CHAPTER 2. Public Land Disposition, Management, and Administration

CHAPTER 3. Free Patent (Agricultural) Application
3.1
Introduction
Copyright 1994-2016 CD Technologies Asia, Inc.
Environment and Natural Resources 2016 First Release
3.2
Qualifications of a free patent applicant

3.2.1 Natural-born citizen
3.2.2 Landholdings
3.2.3 Occupation
3.3
Checklist of essential papers/requisites in free patent
3.4
Processing of free patent application
CHAPTER 4. Homestead Application

4.1
4.2
4.3
4.4
Qualifications of a homestead applicant

Married woman as a homestead applicant
Checklist of essential papers/requisites in homestead
Processing of homestead application
CHAPTER 5. Processing Public Land Application for Sales and Leases

5.1
5.2
5.3
5.4
5.5
5.6
5.7
Sales application for agricultural purposes

5.1.1 Checklist in the preparation and issuance of Sales Patent
5.1.2 Procedural steps in processing
Insular government property sales application (IGPSA) for
agricultural purposes
Miscellaneous sales application (MSA)
5.3.1 Checklist in the preparation and issuance of Miscellaneous
Sales Patent
Miscellaneous sales application for residential purposes
5.4.1 Checklist in the preparation and issuance of Miscellaneous
Sales Patent
Townsite sales application (TSA) for residential purposes
Lease application (LA) for agricultural purposes
5.6.1 Checklist in the preparation and execution of Lease
Contract
5.6.2 Procedural steps
Foreshore Lease application (FLA) or Miscellaneous lease
application (MLA)
5.7.1 Checklist in the preparation and execution of Lease
Contract
CHAPTER 6. Other Operating Procedures

6.1
6.2
6.3
Reconstitution of patents (post-war)

Re-issuance of patents (pre-war)
Reservations
6.3.1 CENRO
6.3.2 PENRO
6.3.3 RTD/RED
6.3.4 CENRO
6.3.5. LMB
6.4
Application to purchase friar lands
CHAPTER 7. Pertinent Policies, Guidelines, Circulars, Orders, and
Memoranda
7.1
Introduction
7.2
The Public Land Act (Commonwealth Act 141, as amended)
7.3
DENR Administrative Order No. 67, Series of 1990
7.4
7.5
7.6
DENR Memorandum Circular No. 12, Series of 1990
7.7
Lands General Circular No. 66
7.8
Lands General Circular No. 68
7.9
Lands Administrative Order No. 19
7.10 Lands Memorandum Order No. 320
7.11 Lands Office Circular No. 70
FOREWORD
Pursuant to Executive Order No. 192 and in agreement with the
decentralization of the Department of Environment and Natural Resources, the
authority over regulatory administrative, personnel and financial matters have been
provided under DENR Administrative Order No. 38, Series of 1990 dated April 19,
1990 as amended by DENR Administrative Order No. 38-A Series of 1990
delineating and defining the functions of the DENR CENRO/PENRO/RTD/RED.
As a mini DENR agency in all its prospective and equipped with delegated
powers, the Regional DENR Offices must essentially adopt a uniform approach in
their respective operations in land disposition and administration. Although the
regions have their own thrusts and priorities, they strive for a common objective of
administering, managing, surveying, and disposing lands of the public domain.
Hence, this manual includes the basic and general parameters for easy and ready
reference of the field personnel in the CENRO and PENRO including those in the
RTD and RED.
Although this manual seeks to provide a standard procedure for all field offices
of the Department of Environment and Natural Resources involved in the disposition
and management of public lands, they are, however, not precluded from instituting
their own procedures to facilitate expeditious actions by establishing such procedures
in office circulars and other issuance with the approval of the Secretary of
Environment and Natural Resources.
Glossary of Terms
Claimant
any person or entity who claims or has

established legal right of possession or
occupation over a particular parcel of land.
Foreshore Lease
Application (FLA)
a type of application covering foreshore

lands for residential, commercial, industrial,
or other productive purposes other than
agricultural and disposable under Chapter IX
of the Public Land Law but leased at public
auction thru public bidding.
Free Patent Application

(Agricultural) FPA
It is a mode of acquiring thru the conformation

confirmation of an imperfect title of an actual
occupant, a parcel of land of the public
domain suitable for and actually devoted to
agricultural purposes.
Friar Lands
are parcels of land purchased by the

government from religious orders/corporations
to be sold to the actual and bonafide
residents/occupants pursuant to the Friar
Lands Act.
Homestead Application a grant of public land to persons seeking to

(HA)
establish and maintain agricultural homes on
condition of actual, continuous, and personal
occupancy of the area as a home including
cultivation and improvement of the land.

Insular Government
Property Sales
Application (IGPSA)
the type of application covering lands in the

name of the government (patrimonial property
of the government) to be utilized for
residential or agricultural purposes,
disposable under Act No. 3038 and sold at
public auction thru oral or sealed bidding.
Land
generally, the solid portion of the earth's

surface; in its broadest sense, it includes all
natural resources on its surface and below.
Land Use
Land Use Enumeration
the process of generating data to obtain

information about the different uses of lands.
Land Use Inventory
the system of establishing the relative location

and densities of the land use within given
areas in terms of statistical information and
maps by means of land use enumeration and
mapping.
Land Use Mapping
the process of producing land use maps that

graphically depict the use pattern of a given
area in accordance with the Bureau of Lands
(BL) land use classification system.
Land User
any person or entity responsible for the day to

day utilization of a parcel of land.
Leasehold Application
a type of application covering lands of the

public domain and patrimonial properties for
the government for agricultural purposes and
disposable under Chapter VI of the Public
Land Law (CA No. 141, as amended) and Act
3038 and leased at public auction thru sealed
bidding.
man's activities directly related to the land.
Lot
a surveyed piece of land the boundaries of

which are defined by BL prescribed corner
monuments or any parcel delineated and
delimited as a unit through extensive
sketching/mapping operation.
Miscellaneous Sales
Application
Occupant
any person who has actual or physical

possession of a parcel of land.
Owner
any person who is the recipient of certificate

of title covering a parcel of land issued
through administrative or judicial proceedings.
Patent
is an official document confirming absolute

ownership of an applicant to a parcel of land.
Provisional Permit
permit issued for lands covered by a regular

public land application. This is usually issued
upon request of the applicant to occupy and
cultivate or make improvements on the land
applied for immediately.
Reservation
any tract or tracts of land of the public domain

proclaimed by the President of the Philippines
for the use of the government or any of its
branches or instrumentalities or of the
inhabitants thereof, for public or quasi-public
uses.

public domain for residential, commercial,
industrial, or similar purposes other than
agricultural, disposable under Chapter IX and
X of the Public Land Act (CA No. 141, as
amended). The land is generally sold at public
auction thru oral bidding except lands sold
without public auction under Republic Act
No. 730.
Revocable Permit
Application (RPA)
permit filed for the temporary use/occupation

of a tract of land not covered by a regular
public land application with an area of not
more than one (1) thousand sq. m.
Right of Possession
a right which is in itself, independent of

ownership. An example is a lease of a piece of
land. Although, a person is not a possessor
based on the concept of ownership, he is
however, entitled to possess the land as a
holder by virtue of the lease contract.
Right to Possession
one of the attributes of ownership. A person

who owns a parcel of land is also entitled to
possess it.
Sales Application (SA)

public domain for agricultural purposes as
stipulated in Chapter V of the Public Land Act
and sold at public auction thru sealed bidding.
Special Patent
patent to grant, cede, and convey full

ownership of alienable and disposable lands
formerly covered by a reservation or lands of
the public domain. It is issued upon
promulgation of a special law or act of
Congress or by the Secretary of Environment
and Natural Resources as authorized by an
Executive Order of the President.
Special Permit
permit issued to a government agency whose

reservation is under processing and would like
to occupy or improve the proposed reservation
immediately even without completion of the
requirements. No fees or other charges are
required.
Technical Descriptions
the data appearing in the approved plan.

Townsite Sales
Application

public domain within an established townsite
disposable under Chapter XI of the Public
Land Act (CA No. 141, as amended) for
residential or commercial purposes. The land
is sold at public auction thru oral bidding.
CHAPTER 1
Objectives, Organization, and Functions
1.1 Objectives
1.1.1 General
To implement in the regional area the policies, plans programs, rules, and
regulations of the Department of Environment and Natural Resources (DENR) on the
administration and disposition of alienable lands of the public domain and other lands
acquired by the government.
1.1.2 Specific
1.
To speed up public land distribution to applicants to support the

Handog Titulo Program of the DENR.
2.
To have an inventory of vacant lands and conduct investigation to

identify their present use.
3.
To provide the necessary guides on the effective utilization of

lands according to the social, economic, and physical development
needs, goals, and policies.
1.2 Organization structure

1.2.1 Land Management Division
This division is tasked with planning, formulating, and recommending policies
for the sound management and disposition of alienable or disposable lands of the
public domain, friar lands and patrimonial properties of the government, and other
lands under the region's administration as well as guidelines on land use and
classification. It processes all kinds of applications covering public lands that lead to
the issuance of patents/deeds of sale or lease contracts/deeds of conveyance. It

implements and approves plans and programs. There are five (5) sections under the
Division which help formulate policies, rules, and guidelines for the rational
management and disposition of lands urban land management, agricultural land
management, reservation and special land grants, deeds and transfer, and land use and
classification and inventory.
1.2.1.1Urban Land Management Section
It is responsible for a) the processing of public land application, b)
management of alienable lands of the public domain and patrimonial or titled
properties of the government disposable under miscellaneous sales, townsite sales,
miscellaneous lease, foreshore lease, insular government properties and sales/lease for
residential, commercial, industrial, religious, educational and agricultural purposes for
maximum utilization, and c) monitoring the leasing and sub-leasing of public land
and patrimonial properties of the government.
1.2.1.2Agricultural Land Management Section
This section has the important function of processing homestead and free
patent applications covering public agricultural lands wanting in requirement leading
to the issuance of the corresponding patents. The section not only assists in the
formulation of laws/guidelines/policies regarding management and disposition
affecting lands applied for under homestead, free patent, and sales and lease but also
disseminates information regarding applications and acts on indorsements, letters,
queries, etc. referred to the Section by the DENR Secretary, Regional Executive
Director, the Regional Technical Director, or by the Lands Management Division.
1.2.1.3Reservation and Special Land Grants Section
This section is tasked to act on request for reservations of land of the public
domain for military and civil purposes; to prepare special patents proposed to be
issued in favor of legitimate individual applicants and government agencies pursuant
to special laws, proclamations, and executive orders; to recommend approval of
mortgages, sales, and encumbrance/alienation of patented lands; and to process deed
of conveyance of Friar Lands to actual and bonafide occupants. The Section, in
coordination with the Chief of the Land Management Division, prepares opinions
relative to the disposition and management of alienable and disposable public lands
and perform other special tasks not ordinarily assigned to the other sections.
1.2.1.4Deeds and Transfer Section

All patentable materials filed with the Records Section and other operating
units such as the CENROs are transmitted to this section for processing and
preparation of patents. This section also checks technical descriptions and preliminary
and final revision of patents.
1.2.1.5Land Use and Classification Section
This section is tasked with the development and implementation of criteria for
land classification according to use and proper disposition; conducts, research and
continuing studies on land appraisal and valuation in relation to national economy;
takes charge of regulatory functions relevant to land use and classification to attain
optimum land productivity; interprets statistical data and ascertains environmental
factors needed to attain optimum use in the development of land; and evaluates and
analyzes land development proposals and reports.
1.3 Functions
Pursuant to Executive Order No. 192 and in line with the decentralization
policy
of
the
Department,
the
power/authority
over
regulatory,
administrative/personnel, and financial matters are hereby provided and defined.
1.3.1 Regional Executive Director
1.
Approves appraisal of public lands and issues authority to conduct

bidding on sales covering five hectares and below.
2.

bidding on sales and leases covering more than 1,000 sq. m. but
less than 100 hectares for commercial, industrial, and residential
purposes.
3.

bidding on sales and leases of five hectares but below 100 hectares
of lands for agricultural purposes.
4.
Approves reappraisal of leased areas five (5) hectares and above.
5.
Approves original and renewal of leases six (6) hectares to fifty

(50) hectares of foreshore lands.
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6.
Approves transfer of public land applications or deeds of

sale/mortgage of patented lands with areas from five (5) to twelve
(12) hectares.
7.
Issues investigation orders involving patented lots only.
8.
Renews Other Lawful Permits (OLP) covering government lands

and/or reservations for a period not exceeding one (1) year.
9.
Signs patents and reconstituted patents for areas up to five (5)

hectares for sales and five (5) to ten (10) hectares for homestead
and free patent.
10.
Issues original revocable or provisional permit for alienable and

disposable lands.
11.
Approves lease (Order of Award).
12.
Issues deputation order of Land Inspector subject to review of the

Undersecretary for Field Operations.
1.3.2 Provincial Environment and Natural Resources Officer

1.

bidding on sales and leases for areas up to 1,000 sq. m. for
commercial and industrial purposes.
2.

bidding covering leases below five (5) hectares for agricultural
purposes.
3.
Approves reappraisal of lease areas below five (5) hectares.
4.
Approves transfer of public land applications or deed of

sale/mortgage of patented lands up to five (5) hectares.
5.
Signs patents and reconstituted patents in areas up to five (5)

hectares for homestead and free patent.
6.
Issues renewal of revocable or provisional permit.
7.
Approves original and renewal of leases below six (6) hectares of
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foreshore lands.
1.3.3 Community Environment and Natural Resources Officer
1.
Accepts, conducts investigation, appraisal on, and processes public

land applications.
2.
Conducts oral/sealed bidding for sale or lease of public lands.

Figure 1. Organizational/Position Chart.
Figure 2. Organizational Chart in the CENRO.
CHAPTER 2
Public Land Disposition, Management, and Administration
The classification and disposition of public lands under the purview of the
Constitution is primarily governed by Commonwealth Act. No. 141, as amended,
otherwise known as the Public Land Act. It classified lands of the public domain into
alienable or disposable, timber, and mineral lands. The 1987 Constitution, however,
classifies lands of the public domain into agricultural, forest and timber, mineral or
national parks. Only agricultural lands are subject to alienation/disposition.
Agricultural lands may be disposed of under the provisions of Chapter IV
(Homestead), Chapter VII (Free Patent) and Chapter V (Sales-Agricultural) of CA
No. 141. Free Patent may also be acquired under the provisions of Republic Act Nos.
782 and 3872, Presidential Decree No. 1073, and Republic Act 6940. Under CA No.
141, as amended, RA 782, RA 3872 and PD 1073, the applicant must be the owner of
not more than 24 hectares of land. Under RA 6940, the applicant must not be the
owner of more than 12 hectares.
RA 730 was enacted to ease acquisition of residential land without public
12
auction by qualified applicants.

To cope up with the demands of development and to resolve problems
resulting from land conflicts and land titling anomalies, republic acts, and presidential
decrees, to mention some remedial measures/solutions to such conflicts and
anomalies, had/have exacted/passed to minimize, if not altogether solve problems
above-mentioned and some of these are reflected in the following provisions and
decrees.
Presidential Decree No. 27 was issued to emancipate the tenants from the
bondage of the soil. Corollary to this decree is PD 152 which prohibits the
employment of share tenants to comply with the requirements of law regarding entry
occupation, improvement and cultivation of public land acquired under homestead
and sales. In connection to said decree, Congress passed the CARP LAW or RA 6657
institutes a comprehensive agrarian reform program to promote social justice and
industrialization and provides the mechanism for its implementation. Under said Act,
a homestead applicant is allowed a homestead entry of only 5 hectares. If vested
rights have accrued in the applicant's favor, he is allowed to acquire the whole area
applied for pursuant to DENR Memorandum Circular No. 22 dated November 20,
1989.
PD 1517, popularly known as the Urban Land Reform, liberates our human
communities from congestion and hazard. It calls for the maintenance and support of
a vigorous private enterprise system responsive to community requirements in the use
and development of urban lands.
Specific functions of staff bureaus and field offices under the DENR are
delineated in Administrative Order No. 38 series of 1990.
Some presidential decrees are intended to maximize the use of virgin lands for
rice and corn crops. PD 763 allows juridical entities to acquire lands originally
granted under the homestead, free patent, or individual sale provisions of the Public
Land Act, for commercial and industrial purposes.
The DENR has adopted measures to ensure that conversion of agricultural land
to non-agricultural use is ecologically sound. New regulations in the issuance of an
Environmental Compliance Certificate (ECG) and Environmental Clearance (EC)
under Administrative Order No. 8 govern conversion of prime and non-prime
agricultural land to non-agricultural uses if land is declared as environmentally
critical under Proclamation 2148. Non-prime agricultural lands are lands that have
13
ceased to be economically feasible and sound for agricultural purposes, including

those in localities that have become highly urbanized and have a greater economic
value for residential, commercial, or industrial purposes and lands classified as
commercial, industrial, and residential in new revised town plans approved by the
Housing and Land Use Regulatory Board (HLURB) and concurred in by the
interagency planning task forces.
When the dominant use of the area surrounding the land being sought for
conversion is no longer agricultural, as in the City or Municipality which does not
have land use plans and integrated zoning ordinance duly approved by the Housing
and Land Use Regulatory Board (HLURB). Applications for land conversion
covering areas classified as prime agricultural lands above five hectares are to be
processed at the Environmental Management Bureau of the DENR.
All kinds of reservations whether civil, military, townsite, non-Christian,
mineral, and forest reservations are governed by laws under Chapter XI, Chapter XII,
Sections 83 and 84 of the Public Land Act, as amended, and Section 64-B and 64-E
of the Revised Administrative Code when the Lands Management Bureau investigate
the area to ascertain the status of the land and need for the reservation. Upon
submission of the investigation report and validation of approved plan and technical
descriptions of the proposed area, the Lands Management Bureau drafts the
Proclamation and forwards it to the Secretary of Environment and Natural Resources
for consideration and finally to the Office of the President for signature and approval.
The Promulgation of LOI 1258 studies/investigates reservations of lands not
being utilized for the purpose or purposes for which the same have been opened to
disposition under the provision of the Public Land Act. In preparation for the eventual
implementation of these reforms, the DENR faces an awesome task. Thus, it has to
redirect its effort from land disposition to rational utilization and management of land.
To minimize land frauds, PD 892 provided for the discontinuance of the
Spanish Mortgage System of land registration and the use of Spanish land title as
evidence in land registration proceedings. To minimize land speculation by selling
lands acquired under the Public Land Act to the government at exorbitant prices for
its public work projects, PD 735 requires owners of real estate acquired under the said
Act to set aside 60 meters as right of way for public work projects. PD 957 regulates
the sale of subdivision lots and condominiums and imposes penalties on fraudulent
practices and manipulations committed in connection therewith.
CHAPTER 3
14
Free Patent (Agricultural) Application

3.1 Introduction
The Public Land Act, (Commonwealth Act No. 141), classifies land of the
public domain into alienable or disposable, timber, and mineral lands. Alienable and
disposable lands are further classified according to use or purpose into agricultural,
residential, commercial, industrial or for other similar productive purposes;
educational, charitable or other similar purposes and reservations for townsites and
for public and quasi-public uses. The 1987 Constitution classifies lands of the public
domain into agricultural, timber, mineral lands, and national parks. Of these, only
agricultural lands are subject to alienation/disposition.
Agricultural lands may be disposed of in accordance with the provisions of
Chapter IV and Chapter VII of Commonwealth Act No. 141, as amended. Free patent
may also be acquired under the provisions of Republic Act Nos. 782 and 3872,
Presidential Decree 1073, and Republic Act No. 6940.
3.2 Qualifications of a free patent applicant
3.2.1 Natural-born citizen
Prior to the ratification of the 1987 Constitution, only citizens of the
Philippines from birth without performing any act to acquire or perfect their
Philippine citizenship were considered as natural-born citizens. Under the 1987
Constitution, however, those born on or before January 17, 1973 of Filipino mothers
who elect Philippine citizenship upon reaching the age of majority are also deemed
natural-born citizens.
3.2.2 Land holdings
Originally, C.A. 141, RA 782, RA 3872, and PD 1073, an applicant must not
be the owner of more than 24 hectares. The new free patent law, RA 6940, however,
provides that the applicant should not own more than 12 hectares.
3.2.3 Occupation
Under SECTION 44, CA 141, an applicant must have occupied the land or
have paid the real estate tax on or prior to July 4, 1926 provided that it is not occupied
by other persons.
15
On or prior to July 4, 1945 (Section 1 of RA 782); on or prior to July 4, 1955

(RA 3872) for members of the national cultural minorities who have continuously
occupied and cultivated either by themselves or through their predecessor-in-interest a
tract or tracts of land, whether disposable or not, provided such land is subsequently
released for disposition are qualified as applicants. In this connection, it would do
well to take note of the opinion submitted to the President on July 5, 1966 by the
Secretary of justice, to wit, "RA 3872 merely recognized their entry into a possession
or occupancy of portions of such inalienable lands so that when the areas are finally
reclassified as alienable or disposable as agricultural lands, their possession or
occupation of the said areas may be reckoned in full for purposes of the right granted
to them to avail of the proceedings prescribed in Sections 44 and 48 of the Public
Land Act."
PD 1073 sets occupation on or prior to June 12, 1945.
PD 6940 provides for continuous occupation of public agricultural land by the
applicant for at least 30 years prior to the effectivity of this law on April 16, 1990 and
payment, since then, of the real estate tax while the same has not been occupied by
any other person.
It should be emphasized that the different laws on free patent do not provide
for any age qualification for those who can acquire public agricultural and residential
lands through free patent. CA 141, as amended merely uses the phrase "natural-born
citizens of the Philippines" and in the case of BP 223 "any citizen of the Philippines".
3.3 Checklist of essential papers/requisites in free patent
1.
Application All FPA's filed after Dec. 31, 1987 and prior to
April 16, 1990 must be refiled in the CENRO or in the established
filing center accessible in the municipality or barangay where the
land is located;
2.
Notice of application for free patent;
3.
Whenever necessary, a joint affidavit of two disinterested

witnesses and approved survey plan and technical descriptions of
the land;
4.
Documentary proofs of ownership such as deed of sale, donation,

etc.;
16
5.
Final report of investigation and Land Data Records Sheet as

prescribed by LOC 131;
6.
For Free Patent Application filed under RA 6940, proof of

payment of real estate taxes;
7.
Order: Approval of Application and Issuance of Patent;
8.
Judicial Form No. 54 and 54-D;
9.
Transmittal letters to Provincial Environment and Natural

Resources Officer/Regional Executive Director/Department of
3.4 Processing of free patent application

1.
2.
All applications for free patent shall be processed to ascertain

whether
the land is classified as alienable or disposable.
the applicant is qualified and has signed his/her application

with documentary stamp affixed on it.
the land applied for is surveyed and does not exceed the
maximum, area limitation.
the applicant has paid the required application and other

administrative fees.
the land applied for is covered by any other public land

application.
the applicant is the holder of any other public land

application.
Notice of Application for Free Patent.
Notice should be posted in the provincial capitol, municipal

building, and barangay hall where the land applied for is
located.
17
3.
If land application is filed under Commonwealth Act No.

141, as amended, notice should be posted for 30
consecutive days.
If application is filed under RA 782, 3872, PD 1073, and

RA 6940, notice should be posted for two consecutive
weeks and accompanied by a joint affidavit of two
disinterested persons proving applicant's occupancy of the
land,
either
by
himself
or
through
his
predecessor-in-interest.
The filing of adverse claims should be done on or before the

last day of posting of notice.
Notice should be ratified on or after the last day of posting

by an authorized official. Oath fee should be paid if notice
is not accomplished in the prescribed form.
Examine the final investigation report to ascertain
whether the land is alienable and disposable.
when the land applied for was first occupied and cultivated
either
by
the
applicant
or
through
his
predecessor-in-interest.
whether the land is being claimed by any other person.
the actual occupant of the land and the kind of

improvements made in the land and the party responsible
for the improvement therein.
whether the land is fully cultivated or not. When an

applicant has occupied and cultivated a bigger fraction of
the land and has cleared the remaining portions with only a
small portion untouched, he is entitled to a patent for the
whole area.
the correct lot and area.
whether the applicant used share tenants to cultivate the
18
area in violation of PD 152.
4.
5.
whether the report is duly endorsed by the concerned

official and the issuance of patent is favorably
recommended by him.
if investigation conducted includes the adjoining lots.
If all the requirements of the law have been satisfactorily complied

with, the following are simultaneously prepared:
Order: Approval of Application and Issuance of Patent
Free Patent in Judicial Form No. 54 and 54-D
CENRO transmits patent together with the records of the

application to PENRO for signature if the area is five hectares and
below. For lands of more than five up to ten hectares, the signatory
is the Regional Executive Director. If the area is more than 10
hectares, CENRO transmits patent through the RED, to the DENR
Secretary for his signature.
From the RED/DENR Secretary, the signed patent is returned to the
PENRO for numbering and transmittal to the Register of Deeds
concerned.
Figure 3. Free Patent Application.
Republic of the Philippines

Department of Environment and Natural Resources
Manila
F.P.A. No.
(E-______) x Lot No.

: Barrio
Municipality
Province
: ORDER CONFIRMING ENTRY
19
x------------------------------x
Date
ORDER: ISSUANCE OF PATENT

It appearing that in an investigation conducted by Land Investigator/Inspector
__________________ whose report was duly indorsed by CENRO
__________________
it
has
been
ascertained
that
the
applicant,
__________________ natural born citizen of the Philippines, is not the owner of
more than twelve (12) hectares of land; has continuously occupied and cultivated by
himself/herself or through his/her predecessor in interest since ______ the parcel of
agricultural public land described in the order of this Office given above confirming
entry thereto; and
It appearing further that the above numbered application has been duly
published and that no other person has proved a better right to the land referred to
herein, it is hereby ordered that the necessary patent be prepared and issued to the
applicant. Once prepared, the said patent together with this Order and the entire
records of this case shall be submitted to the official concerned for signature and
issuance.
SO ORDERED.
420
COPY FURNISHED:
NOTE: This application must be submitted in quadruplicate otherwise, it will
not be accepted.
APPLICATION FOR FREE PATENT
Application No. _______
1.
Entry No. ________
I HEREBY make application for a free patent to the following described tract
of agricultural public land under the provisions of Chapter VII of
Commonwealth Act No. 141, as amended or Republic Act No. 782 or P.D. No.
1073 or RA 6940. (if the land is a subdivision or cadastral lot, mention the lot
20
and
survey
number):
_______________________________________________________________
_____ situated in the Sitio of _____, Barrio of _____, Municipality of _____,
Province of _____, Island of _____ Philippines, and containing an area of
_____ hectares, _____ areas, and _____ hectares, a sketch of which is
attached.
2.
My name is __________, my post-office address is _____; my age is _____

years; my birthplace __________; I am a natural born citizen of _____; my
civil status is (if married, state name, birthplace, citizenship, and
residence-address
of
spouse):
____________________________________________________ The name of
my father is __________ a citizen of _____. The following are my near
relatives (state their names and relations to the applicant such as parents,
children,
brothers,
etc.
if
children,
given
their
ages):
_______________________________________________________________
___________________________________________________
3.
I am not the owner of more than 12 hectares of land.
4.
I am not a CARP beneficiary.
5.
The land described and applied for is not claimed or occupied by any other
person but is public land which was first occupied and cultivated by _____ on
9___. I entered upon and began cultivation of the same on the _____ day of
_____ 19 _____, and since that date I have continuously cultivated the land;
and
have
made
thereon
the
following
improvements:
_______________________________________________________
6.
The land applied for was entered upon, cultivated and occupied on or about the
_____ day of _____ 19 _____, by _____ who was my _____. My said ancestor
died on the _____ day of _____ 19 _____ at _____ province of _____ on the
_____ day of _____ 19 _____. Evidence of relationship, death, burial, and
heirship
is
hereto
attached
and
consist
of
_______________________________________________________
_______________________________________________________
The following are the names and addresses of the heirs of my ancestor
________________________________________________________
NAME
__________:_________
POST
OFFICE
ADDRESS
________________________:_______________________________
________________________:_______________________________
21
________________________:_______________________________
________________________:_______________________________
________________________:_______________________________
7.
I am __________ the only heir representative of the heirs of __________

entitled to succeed him according to the laws of the Philippines.
8.
Since the death of my said ancestor, I have cultivated the said land and existing
improvements
thereon
consists
of
the
following:
_______________________________________________________________
_______________________________________________________________
_______________________________________
9.
The land has been continuously occupied and cultivated by me or my said

ancestor since the date of entry thereon as above stated, except during the
following period, when the land was not occupied for the reason stated.
_______________________________________________________
_______________________________________________________
10.
The land applied for is now occupied and cultivated by me to the best of my
knowledge, information and belief, it is otherwise unreserved and
unappropriated and is non-mineral, agricultural public land, contains no
valuable deposits of guano, coal or salts, and is more valuable for agriculture
than for forestry or otherwise or other purposes.
11.
I agree that a strip forty meters wide starting from the bank on each side of any
river or stream that may be found on the land shall be demarcated and
preserved as permanent timberland to be planted exclusively to trees of known
economic value, and that I shall not make any clearing thereon or utilize the
same for ordinary farming purposes even after patent shall have been issued to
me.
12.
The following named witnesses will testify that the allegation in this
application are true:
_______________________________________________________________
NAME
______________:_____________________
POST
OFFICE
ADDRESS
_______________________________________________________________
______________
____________________:__________________________________________
22
______________:________________________________________________
_______:_______________________________________________________:
_______________________________________________________:_______
___________________________
13.
I understand that any applicant who willfully and knowingly submit false
statement or executes false affidavits in connection with his application shall
be deemed guilty of perjury and punished accordingly, and that any person
who, not being qualified to apply for public lands, files an application or
induces or permits another to file it in his behalf shall be punished by a fine of
not more than five thousand pesos and by imprisonment for not more than five
years, or both, and in addition thereto, his application shall be rejected or
cancelled and all amount paid on account thereof forfeited to the Government,
and he shall not be entitled to apply for any public land in the Philippines.
__________________________
Applicant
AFFIDAVIT
Republic of the Philippines)

________________________: S.S.
________________________)
I,__________, the person making the foregoing application first being duly
sworn, upon my oath; depose and say: That I have read, or someone has read to me,
and I thoroughly understand the foregoing application that I signed the same and this
affidavit in the presence of the officer who administered the oath; and that each and
every statement in the application is true and correct.
SO HELP ME GOD.
__________________________
Applicant
23
Before me, at the place aforesaid on this ____ day of ______ 19 ___
personally appeared _____ to me known to be the person whose name appears in the
foregoing application, and in my presence signed the said application and subscribed
and swore to this affidavit. He exhibited to me his Residence Certificate No. _____
issued at _____ on _____ 19 _____, which shows him to be _____ years old.
______________________________
Officer Authorized to Administer Oath
Notarial Register No. _____
Page No. _______
Book No. _______
Series of 19_______
_____________________
Official Title

______________
Date
_____________
_____________
Sir :
I, have the honor to certify that on _____ I was on and examined the land
applied for by _____ married to __________ under Free Patent Application No.
__________ situated in the Sitio of ________________, barrio of
_________________ and in conformity with Circular No. 30 report the following;
1.
The occupation and cultivation of the applicant as far as I have

been able to ascertain dated from ___________ and this
occupation and cultivation have been _________.
2. That the said land was first occupied and cultivated by
__________ in ___________ and the occupation and cultivation were
continued by the applicant who acquired thereto through
24
______________________________ from his or her (inheritance,

purchased or donation)
__________________________ and immediate predecessor-in(degree of relationship) interest (If rights are claimed through
inheritance and there are two or more heirs of the immediate
predecessors of the applicant, the names of all heirs and their addresses
should be mentioned. If any of the heirs have relinquished whatever
rights he or she may have, sworn affidavit to that effect should be
secured and attached to the report).
3.
That the applicant died on ________________ and is survived by

______________________________________________
(State
names of heirs and of the person to represent them in the
transaction
with
the
DENR)
who
are
his
______________________________________________ (State of
degree relationship)
4.
That the land is claimed by _____________ whose post office

address is ________________.
5.
That of the ________ hectares applied for _____ are under actual
cultivation ___________ hectares are cleared but not cultivated
and ____________ hectares are still untouched.
6.
That improvements on the land consist of the following:

__________________________________________________
__________________________________________________
7.
That the land applied for is ___________________ (Forest Zone,

Agricultural)
_________________________________________________
(Foreshore of mangrove swamp)
8.
That the said land has been surveyed and it corresponds to Lot Cad
or Pls. ____________ which was declared
__________________________________________________
(State whether Public Land or Private Property)
9.
That the applicant is not the owner of more than 12 hectares.
25
10.
That the applicant is not a CARP beneficiary.
11.
REMARKS:
_____________________________________________________
_______________________________________
______________________________________________
_____________________________________________________
_______________________________________
12.
The sketch of the land applied for is reproduced herein below or

attached hereto, noting the dimensions and area thereof and the
improvements thereon.
IN VIEW OF THE FOREGOING, it is respectfully recommended that the

patent be _____________________ granted to the applicant.
Very truly yours,

____________________________
D.P./Land Investigator Inspector
NOTICE OF APPLICATION FOR FREE PATENT

Notice is hereby given that ______________ has filed with this office an
application under the provisions of Chapter VII of Commonwealth Act No. 141, as
amended, and RA 6940 for free patent to a tract of land situated in the barrio of
_____________, municipality of __________, province of _________ Philippines,
described as follows:
Lot No.
_____________
_____________
Pls
___________
Cad
__________
Area
All adverse claims to the tract of land above described must be filed in this
office on or before the _____ day of _________. Any claim not so filed will be
26
forever barred.
Community Environment
and Natural Resources Officer
_____________________________________________________________
REPUBLIC OF THE PHILIPPINES )

PROVINCE OF
: S.S.
MUNICIPALITY OF
)
I, _________________ married to _________________ having first duly
sworn, depose and say that I am the same person who made application for the above
described land; that a copy of the above notice was posted in a conspicuous place on
the land applied for, on the bulletin board of the barrio where the land is located, and
at the door of the municipal building on the _____ day of _____ and remained posted
until the _____ day of _________.
Applicant
SUBSCRIBED AND SWORN TO before me this _____ day of ________ 19

___. Affiant exhibited to me his Residence Certificate No. _______ issued at _____
on _____.
Officer Authorized to
Administer Oath
Affix one
documentary
stamp
27
JOINT AFFIDAVIT IN SUPPORT OF FREE PATENT
REPUBLIC OF THE PHILIPPINES)

PROVINCE OF
: S.S.
MUNICIPALITY OF
)
We ____________________ married to _____________________ and
_____________________, married to ______________ S ____________ both
Filipinos, of legal age, and residents of the municipality of __________________,
province of _______________ after having been duly sworn to in accordance with
law, depose and say:
1.
That we personally know _______________ who has filed Free

Patent Application No. ___________ for a tract of land located in
the municipality of _____________ province of ___________;
2.
That we are actual residents of the said municipality of

___________ and we know the land applied for very well;
3.
That the said applicant has continuously occupied and cultivate the
land himself or thru his predecessors-in-interest since April 16,
1960 or prior thereto and it is free from claims and conflicts;
4.
That we are not related to the applicant either by consanguinity or

affinity and we are not personally interested in the land applied for
in the granting of the patent; and
5.
That to the best of our knowledge, belief and information, the

applicant is a natural born citizen of the Philippines and is not the
owner of more than twelve (12) hectares of land in the Philippines.
IN WITNESS WHEREOF, we have hereunto set our hands and signed this
affidavit this _____ day of ________ in the municipality of ___________, province
of ________.
Affiant
Residence Certificate No. _________
Affiant
Residence Certificate No. ________
28
Issued On _____________________
At ___________________________
Issued on _____________________
At __________________________
SUBSCRIBED AND SWORN TO before me on the date and place stated

above.
Officer Authorized to
Administer Oath
F. P. A. ______
H.A. No. _____
Applicant:
Successors:
Representative
x----------------------------x
ORDER
As applicant ____________ died before the patent to the land applied for
could issued in his name and is survived by his heirs who are entitled and willing to
succeed him in all his rights to, and interests in, the land covered by the above-noted
application the order of this Office dated ____________ directing the preparation and
issuance of the patent in the name of ____________ is hereby modified so that the
patent shall be prepared for issuance in the name of the Heirs of
_____________________________, represented by _________________. Once
prepared, the said patent together with this order and the entire records of this case
shall be submitted to the _______________ for signature and issuance.
COPY FURNISHED:
29
DENR Form No.

F.P.A. No.
(E-_______)
x
:
:
:
:
:
:
x----------------------------------------------x
Lot No.
Barrio of
Municipality of
Province of
ORDER CONFIRMING ENTRY
Area
Dates

It appearing that in an investigation conducted by Land Investigator/Inspector
whose report was duly indorsed by CENRO ___________, it has been ascertained
that the applicant, ___________________________, a natural born citizen of the
Philippines, is not the owner of more than _______ hectares of land; has continuously
occupied and cultivated by _____ or through predecessor in interest since
_____________ the parcel of agricultural/public land described in the order of this
Office given above confirming entry thereto; and
It appearing further that the above numbered application has been duly
published and that no other person has proved a better right to the land referred to
herein, it is HEREBY ORDERED that patent be prepared issued to the applicant.
Once prepared, the said patent together with this order and the entire records of this
case, shall be submitted to the office of PENRO/RED/Secretary of Environment and
Natural Resources for signature and issuance.
COPY FURNISHED
_____________________

30
F.P.A.
Applicant
Successors
Representative
x----------------------------x
ORDER: APPROVAL OF APPLICATION, SUCCESSION AND ISSUANCE OF
PATENT
From the records of this case, it appears:
1.
That the above-noted application was filed by a natural-born

citizen of the Philippines and otherwise qualified to acquire public
lands through free patent;
2.
That __________ subsequently died and is survived by _____

heirs who are entitled and willing to succeed _____ in all rights to
the land applied for;
3.
That the land applied for has been classified as alienable or

disposable and is subject to disposition under the Public Land
Law;
4.
That upon investigation conducted by Land Investigator/Inspector

_________ whose report was duly indorsed by CENRO
_________ it was found that the land applied for has been
occupied and cultivated by the applicant _________ and/or
through __________ predecessors-in-interest since __________
or prior thereto;
5.
That the notice for acquisition of the land by the applicants under
this application has been published in accordance with law, and
that no other person has proved a better right to the land applied
for;
6.
That there is no adverse claim involving the land still pending
31
determination in this Office; and

7.
That the claim of the applicant and/or his heirs, are in all other
respects, complete and there is no record in this Office of any
obstacle to the issuance of the patent.
WHEREFORE, the occupation and cultivation of the land applied for as

described in the captain hereof are hereby confirmed, and this application is hereby
entered in the records of this Office as Free Patent Entry No. ______
As the applicant and/or his heirs have already complied with all the
requirements of the law for the issuance of the corresponding patent to the land, it is
hereby ordered that the necessary patent be prepared for issuance in favor of the,
________________ represented by _______________ . Once prepared, the said
patent, together with this order and the entire records of the application shall be
submitted to the Office of the __________________ for signature and issuance.
SO ORDERED.
COPY FURNISHED:
1st Indorsement
Returned to the PENRO Free Patent No. _____ has been signed and issued as
of
___________________

Free Patent Application No.
x Lot No.
: Barrio
: Municipality
32
Applicant
x----------------------------------------------x
: Province
: Area
Hectares
:
ORDER: APPROVAL OF APPLICATION AND ISSUANCE OF PATENT

From the records of this case, it appears:
1.
That the applicant is a natural-born citizen of the Philippines, and

otherwise qualified to acquire public lands through free patent;
2.
That the land applied for has been classified as alienable and
disposable and is subject to disposition under the Public Land
Law;
3.
That upon investigation conducted by Land Investigator/Inspector

whose
report
was
duly
indorsed
by
CENRO
_________________________, it was found that the land applied
for has been occupied and cultivated by the applicant himself
and/or through his predecessors in interest, since _____________
or prior thereto;
4.
That the notice for the acquisition of the land by the applicant
under this application has been published in accordance with law,
and that no other person has proved a better right to the land
applied for;
5.
That there is no adverse claim involving the land applied for still
pending determination in this Office; and
6.
That the claim of the applicant is, in all other respects, complete
and there is no record in this Office of any obstacle to the issuance
of the patent.
7.
That the real estate taxes therein has been paid since April 16,
1990 or prior thereto if filed under RA 6940.
WHEREFORE, the occupation and cultivation of the land applied for as

described in the caption hereof are hereby confirmed.
As the applicant has already complied with all the requirements of the law for
33
the issuance of the corresponding patent to the land, it is ordered that the patent be
prepared. Once prepared, the said patent, together with this order and the entire
records of the application shall be submitted to the PENRO/RED/Secretary of
Environment and Natural Resources/for signature and issuance.
COPY FURNISHED:

1st Indorsement
Returned to the PENRO Free Patent No. _____ has been signed and issued as
of
CHAPTER 4
Homestead Application
Homestead is a grant of public land to persons seeking to establish and
maintain agricultural homes on condition of actual, continuous, and personal
occupancy of the area as a home including cultivation and improvement of the land.
4.1 Qualifications of a homestead applicant
Qualifications of a homestead applicant as provided in Section 12, of CA 141:
1.
Citizen of the Philippines
2.
Over 18 years of age or head of family.
3.
Not the owner of more than 24 hectares. This maximum area

limitation was, however, reduced by the 1987 Constitution to only
12 hectares and further reduced to 5 hectares in DENR
Memorandum Circular No. 22 dated November 20, 1989 in line
with the legislative policy expressed in RA 6657.
4.
Not married, if the applicant is a woman.
34
4.2 Married woman as a homestead applicant

Conditions under which a married woman may apply for homestead:
1.
She is a living separately from her husband and does not depend
on him for support.
2.
Her husband is insane or physically incapacitated to work.
3.
Her husband is in prison serving a term of such duration as would

prevent him from complying with the requirement of the
homestead law regarding residence on the land.
4.3 Checklist of essential papers/requisites in homestead

1.
Application.
Certification from the Municipal Agrarian Reform Office

that he is a qualified CARP beneficiary.
2.
Preliminary report of investigation and Land Data Record Sheet as

prescribed by LOC 131.
3.
Order: Approval of Application.
4.
Notice of Intention to file final proof.
5.
Final report of investigation.
6.
A report of investigation on the transfer and an order approving the

transfer in favor of the transferee in case where there is a transfer
of homestead rights.
7.
In case the applicant dies and has surviving heirs who are willing
to continue with the homestead, an order of succession of rights.
It should be noted that surviving heirs may acquire homestead only
through succession of rights if the application has already been
approved prior to the death of the applicant, otherwise no transmissible
rights may be acquired.
Homestead application in the name of the heirs (as the original
35
applicants) are not approved. They may acquire homestead patent only
by virtue of succession of homestead rights.
8.
Order: Issuance of Patent.
9.
Judicial Form 67 and 67-D.
10.
Transmittal letters to PENRO, RED or DENR Secretary.
4.4 Processing of homestead application

1.
2.
Examine the application to ascertain whether the
applicants is qualified and has signed his/her application

which should have documentary stamp affixed thereon.
land applied for is surveyed and does not exceed the

maximum area limitation.
applicant has paid the required application (filing) fee.
land applied for is covered by any other public land

application.
applicant is the holder of any other homestead application

and/or any other lots within the same public land
subdivision.
applicant is a qualified CARP beneficiary.
Examine the preliminary report of investigation to ascertain
the correct/actual lot applied for. Investigation should

include adjoining lots.
whether the lot is of the public domain and within a duly

established agricultural zone.
whether it is free from claims and conflicts.
the actual occupant and the kind of improvements already

introduced in the area, if any, and when the cultivation was
36
begun.
3.
whether the applicant owns more than the maximum area

allowed by law.
whether the required homestead entry fee has been paid.
whether the report of the land investigator/inspector/deputy

public land inspector is duly endorsed by the CENRO and
the approval of the application favorably recommended by
him.
Examine the Order: Approval of Application to ascertain
that the lot for which the order is being issued is exactly the
same as the lot being applied for and described in the
preliminary report.
It should be stressed that an order of approval for homestead
cannot be issued in the name of the heirs of a deceased
ascendant.
4.
Examine the final proof to ascertain
if it was filed one year from and after the date of approval
of the application.
if the witnesses who attested to the testimony of the

applicant are the same persons whose names are indicated
in the Notice of Intention To Make Final Proof.
if the Notice of Intention To Make Final Proof was posted

for 30 consecutive days and executed before an authorized
official in the presence of the persons specified in the
notice.
if the dates of ratification indicated on both the notice and

testimony are the same.
if the lot described in the notice is the same lot in the

application, preliminary report, and order of approval.
37
5.
the compliance by the applicant with the residence and

cultivation requirements of the law.
if the required fee has been paid and documentary stamps

are affixed on both the notice and testimony.
if adverse claims have been filed against the applicant.
Examine the final report of investigation to ascertain:
the lot and the area.
if the applicant has complied with the residence and

cultivation requirements of the law as provide in the final
proof.
when the land was first occupied.
whether or not it is claimed by any other person.
the kind of improvements found in the lot.
if the applicant is still living.
whether the homestead final fee has been paid.
whether the report is duly endorsed by the concerned

official and the patent is favorably recommended by him.
For the purpose of complying with the requirements, regarding entry,

occupation, improvement, and cultivation, the applicant must not, under
the provisions of Presidential Decree No. 152 dated March 13, 1973 as
implemented by LAO No. 27 dated November 8, 1973, use or employ
share tenancy in whatever form.
Homestead application is affected by PD 152 only when it was filed
after the promulgation of the decree on March 13, 1973. However, the
Decree still applies if his application had been filed prior to said date
and he has not acquired any vested right to the land, that is, his
homestead application has not been approved and he has not filed final
proof for the land. Unless the delay in the entry of the order of approval
is caused by circumstances beyond the control of the applicant, he may
38
not use or employ share tenancy in whatever form in complying with

the requirements regarding entry, occupation, improvement, and
cultivation.
6.
7.
8.
If all the requirements of the law have been satisfactorily complied

with the following are simultaneously prepared:
Order: Issuance of Patent
Homestead Patent in Judicial Form 67 and 67-D
CENRO transmits patent, together with the records of the

application to
PENRO for signature if the area is five hectares and below.
RED for signature if the area is more than five hectares to a

maximum of ten hectares.
DENR Secretary, through the RED, for signature if the area

is more than ten hectares.
From the RED/DENR Secretary, the signed patent is returned to

the PENRO for numbering and transmittal to the Register of Deeds
concerned.
Figure 4. Homestead Application.
Table 1. Qualifications of a free patent and homestead applicant.

Qualifications
Free Patent
Homestead
Age
None
18 years or head of family
Citizenship
Natural-born
Filipino
Filipino
Landholdings
Not the owner of more than 24 hectares
per CA 141, RA 782, RA 3872, and PD
per CA 141
39
1073
Not the owner of more than 12 hectares as
per RA 6940
provided in the 1987 Constitution, reduced

to 5 hectares in DENR Memo Circular No.
22 S-1989 in line with the legislative
policy expressed in RA 6657.
Occupation
SECTION 44, CA 141 on or prior to
Within six months from the date of
July 4, 1926 or payment of the real estate
approval of the homestead application
tax on the land since then
SECTION 1, RA 782 on or prior to

July 4, 1945
RA 3872 on or prior to July 4, 1955
PD 1073 on or prior to June 12, 1945
RA 6940 Continuous occupation for at

least 30 years prior to the effectivity of the
law on April 16, 1990 and payment of the
real estate tax since then
Cultivation
Fully cultivated
cultivation of 1/5 of the area applied for

within 5 years but in no case earlier than 1
year after the date of approval of the
application
Table 2.
Qualifications of a free patent (residential) applicant.
______________________________________________________________________
Free Patent Residential
Qualifications
(Batas Pambansa 223)
______________________________________________________________________
Age
None
Citizenship
Filipino
Landholdings
Not a registered owner of a residential land in
the same municipality wherein the land applied
40
for is located
Occupation
SECTION 1, BP 223 continuous possession
and occupation since or prior to June 12, 1945
and has paid all the real estate taxes thereon
since then
Improvement
family actually reside
Residential house wherein applicant and his
______________________________________________________________________
DENR Form No.
REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
NOTE:
This application must be submitted in quadruplicate,

otherwise, it will not be accepted.
HOMESTEAD APPLICATION
APPLICATION NO. _______
ENTRY NO. _______
1. I HEREBY make application to enter the following described tract of

land for homestead, as provided in Chapter IV of Commonwealth Act No. 141, as
amended (if the land is a subdivision or cadastral lot, mention the lot and survey
numbers): ____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________ situated
in the Sitio of _________, Barrio of ______, Municipality of ________, Province of
__________, Philippines, and containing an area of ____ hectares, ____ ares, and
_____ centares, a sketch of which is drawn on the back hereof.
2. I certify that I have carefully cut a trail around the boundaries of the land
applied for, placed prominent posts or signs at the corners, examined the land and
found that it contains no indication of settlement or occupation, and to the best of my
knowledge, information and belief, it contains no valuable deposit of guano, coal or
salts and is more valuable for agricultural than for forest purposes.
41
3. My name is ___________________; my age is ____ years; the date of

my birth is ______________; my birthplace is ______________; I am a citizen of
__________; my post-office address is _________; I am (married, single, widow,
widower) and the name of my wife, husband is ________ a native of ___________; I
am the head of a family and the following are my near relatives (state their names and
relationships to the applicant, such as parents, children, brother etc.
_____________________________________________________________
________________________________ who are my ___________________ and
__________________________ who are my ______________________________
depending upon me for support.
4. I am not the owner of more than 12 hectares of land in the Philippines and
have not had the benefit of any gratuitous allotment of more than 12 hectares of land
since the occupation of the Philippines by the United States nor have I made any other
homestead entry. I am not also a CARP beneficiary. The full extent of my ownership
and present interest in lands in the Philippines is as follows:
___________________________________
_____________________________________________________________
5. The application is made for land as homestead of exclusive personal use
and benefit for the purpose of actual settlement, occupation, residence, and
cultivation, and not, either directly or indirectly, for the use or benefit of any person,
persons, corporation, or association of persons.
6. I agree to conform to future delimitation, classification, survey or
resurvey of the land herein applied for , and I shall, before patent is issued to me,
accept such portion as a result of such new delimitation, classification, survey or
resurvey.
7. I agree that a strip of forty meters wide starting from the bank on each
side of any river or stream that may be found on the land shall be demarcated and
economic value, and that I shall not make any clearing thereon or utilize the same for
ordinary farming purposes even after patent shall have been issued to me.
8. I understand that this application conveys no rights to clear the land until
the application is approved, that the land is of the public domain, and that any and all
rights I may have in respect thereto by virtue of continuous occupation and cultivation
are hereby relinquished to the Government.
42
9. To show my good faith in filing this application and my honest intention

to comply with all the requirements of the law relating to the entering and granting of
homesteads, I am enclosing the amount of FIFTY PESOS (P50.00) as application fee
(in cash, certified check, or post office money order) payable to the
__________________. I understand that this amount will be forfeited to the
Government to defray part of the administrative expenses incurred on account of my
application in case the same is rejected or cancelled.
10. I finally understand that any applicant who willfully and knowingly
submits false statements or executes false affidavits in connection with his application
shall be deemed guilty of perjury and punished accordingly, and that any person who,
not being qualified to apply for public land, files an application or induces or permits
another to file it in his behalf shall be punished by a fine of not more than five
thousand pesos or by imprisonment of not more than five years, or both, and in
addition thereto, his application shall be rejected or cancelled and any amount paid on
account thereof forfeited to the Government, and he shall not be entitled to apply for
any public land in the Philippines.
______________________
Applicant
AFFIDAVIT
PROVINCE OF _______________: S.S.
MUNICIPALITY OF ___________)
I ______________, applicant, first having been solemnly sworn upon my oath,
deposed and say: That I have read or someone has read to me, and I thoroughly
understand the foregoing application; that I signed the application and this affidavit in
the presence of the officer who administered the oath; and that each and every
statement in said application is true and correct to the best of my knowledge and
belief. SO HELP ME GOD.
_____________________
43
Applicant
Before me, at the place aforesaid, on this ___ day of _________ 19___,
personally appeared _____________________ to me personally known to be the
same person whose name appears in the foregoing application, and in my presence he
signed the said application and subscribed and swore to the foregoing affidavit. He
exhibited to me his Residence Certificate No. _____ issued at _____________ on the
____ day of _________ 19__ which shows him on the date of said certificate to be
____ years old.
_________________________
(Officer Authorized to
administer oath)
NOTARIAL REGISTER NO. ____
PAGE NO. _____ BOOK NO. ____
SERIES OF 19___
_______________________
(Official Title)
(SKETCH OF THE LAND)

Homestead Application No.
:
:
Applicant
x------------------------------------------x
ORDER: APPROVAL OF APPLICATION
It appearing from the records of this application that the applicant possesses all
44
the necessary qualifications to acquire homestead; it likewise appearing that the

public land applied for, situated in the municipality and province given in the heading
of this order has been classified and certified to as non-timber land by the Forest
Management Bureau and duly declared open to disposition; that, upon investigation
conducted by a representative of this office it has not been found to be lawfully
occupied, claimed or previously applied for by any person; and that the applicant has
already paid the necessary application fee, the said homestead application is hereby
approved.
This approval shall be subject to the provisions of Sections 13 to 20; 91, 109 to
114, 118, 119 and 121 as amended by CA 615 and P.D. No. 763 to 125 of the Public
Land Act (Commonwealth Act No. 141, as amended) and to the rules and regulations
relating to the disposition of public lands that are in force or which may hereafter be
issued in accordance with, and by virtue of Section 5 of the same Act, more
particularly to the requirements that the applicant shall reside continuously in the
municipality or municipal district adjacent thereto for at least one year within period
of five years immediately following the date thereof and shall cultivate at least
one-fifth of the homestead before patent can be issued; and finally, to the following
special conditions, to wit;
The applicant shall not permit, in any manner whatsoever, any person,
corporation, association or partnership disqualified to acquire public lands, to have
any interest in, or right to, the improvements now existing or that may hereafter be
introduced on the land applied for; otherwise, this grant of entry will be revoked and
the improvements will be forfeited to the Government.
The applicant shall keep not less than one-tenth (1/10) of the land applied for,
planted to forest trees or trees of economic value.
The land shall be used for any purpose other than that for which it was applied.
CENRO
COPY FURNISHED

45

_____________
Date
The Community Environment
Sir :
I have the honor to certify that on _______, 19___, I personally visited and
examined the land covered by _________________ Application No. ________ of
_________________________, located in the Barrio of ____________, Municipality
_______________, Province of _________________ and found:
1. That the land is described as follows: (Give as accurate description of the
physical condition of the land as possible, not omitting to mention the kind and
approximate age of vegetation of trees growing as well as improvements found
thereon such as fruit trees, fences, houses, clearing etc., giving kind, number, and age
thereof,
by
whom
planted
or
made,
and
when).
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
2. That the land is approximately ____ kilometers from the nearest
provincial road from ________________ and is by ____________________ easily
accessible from: (Give name of town, barrio or sitio) _____________
___________________________________. (State means of transportation to the
land and the description of the road, that is, state whether it is public or private road,
trail or a right-of-way.) ________________________________
3. That the applicant has ______ placed posts or signs at the corners of the
tract applied for and cut a trail along its boundaries as required by the regulations of
the office and he was advised to maintain the same.
4. That the tract applied for is inside the __________ zone. (Classification
Project No. ___) established by the Forest Management Bureau. (If land is within
unclassified region, state so. It is not sufficient to state that the lands is outside the
46
forest zone.)
5. That the tract applied for is _____ claimed by ______________ whose
post-office address is _______________ (In case of claims and conflict, a separate
detailed report must be submitted.)
6. That the applicant has _______ been occupying and cultivating the land
since _________, 19__, by virtue of _______________. A portion of ________
hectares is now under cultivation and the improvements or standing crops are the
following: __________________________________, valued at ______________.
(Permanent improvements should be appraised separately.)
7. That the land applied for has been identified to be covered by
__________ Application No. _________ of ________________ which was rejected
or cancelled by ___________________ for the following reasons:
_________________________.
8. That the applicant is the ____________ (Owner, holder) of _____
hectares of land. (Should the applicant be the owner of 12 hectares, in case of
homestead and sales application, give number of parcels, location and areas thereof.)
9. That the land applied for has ____________ been assessed at P ________
per ____________ under Tax Declaration No. ___________- in the name of
________________, and in my opinion, it is worth P___________ per
_______________. Adjacent private land of similar character are assessed at
P______________ (This is required in case of sales and lease applications only.)
10. That the land is _________ surveyed under Survey No. ___________. It
corresponds to Lot No. _____________ B. L. Case No. ________, G.L.R.O. No.
__________, Cadastre/Pls-______________.
11. That the applicant who is now residing at ___________________ is
really interested in the application and is __________ in a position to put into
beneficial use the _______ of the area applied for. The applicant has a yearly income
of P_____, he/she being a _______ or he/she is the owner of ___________________.
(Mention nature of property where income is derived.) (If the applicant is not the one
really interested in the application, the name of the real party in interest should be
stated in the column "Remarks". The portions cultivated by persons other than the
applicant, their nationality and value of their improvements should also be stated. The
authority for their occupation should be ascertained and efforts should be exerted to
secure copies of the agreement or contract thereon between the applicant and the said
47
occupation.)
12. That I have advised the applicant to remit the amount of P___________
as application fee or as fee for issuance of Provincial Permit and found that he has
______ already paid the amount of P____________ as evidenced by Official Receipt
or Postal Money Order No. _________, issued on ____________ 19____, hereto
attached.
13. That the applicant or any member of his family is ____ directly or
indirectly connected with the DENR, Lands Sector by reason of the following
circumstances: ________________________________.
14. That the applicant is ________ a married woman, and she does ________
come under any of the exceptions mentioned in paragraph 3, Chapter III of the Rules
and Regulations relating to Public Lands. (In sales or lease, application with marital
consent is necessary.)
15. That the applicant is also the holder of __________ Application No. ____
approved or patented on ____________
16. Remarks:
___________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
In view of the foregoing, it is recommended that the above-mentioned
application be _________________________________________________
A sketch of the tract applied for, showing the approximate dimensions,
follows: (The sketch should be made in all cases except when the land is included in a
cadastral survey and survey returns have already been forwarded to the Central
Office.)
Very truly yours,

________________________
Land Investigator/
Land Inspector
48
INSTRUCTION TO INSPECTORS All blanks must be filled. If it turns out

that the land is presumably of the public domain and free from claims and conflicts,
the sales, lease or homestead applicant in classified regions should be asked to secure
a provisional permit to occupy the land pending the approval of his application under
the provisions of Lands Administrative Order No. 8, upon payment of the necessary
fee.
(Signature) _______________
(Type name) ______________
(Title) ___________________
NOTICE OF INTENTION TO MAKE FINAL PROOF
(Section 17, Commonwealth Act No. 141 as amended)
I, ________________________ of ______________________ married to

_______________________ who filed Homestead Application No. ______ for a tract
of land described as follows:
Present
boundaries:
________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ Lot No.
_____ Cad/Pls No. _____ or Survey No. ______
NOTE: (If there had been changes in the boundaries of the tract or originally
applied for or as approved, proper explanation should be given in the affidavit on the
back hereof.) Situated in the sitio of ____________ Barrio of ___________
Municipality of ___________ Province of ____________ Philippines, and containing
an area of ______ hectares, _______ ares, and ______ centares.
DO HEREBY GIVE NOTICE OF my intention to make final proof to
establish my claim to the land above described and that I shall prove my residence
and cultivation before (state what official, giving his name) _________ at
49
__________ at ______ o'clock ___ M. on the ____ day of ___________ nineteen

hundred and ___________ (19___), by two of the following witnesses:
_____________________________ of _____________________________
_____________________________ of _____________________________
_____________________________ of _____________________________
_____________________________ of _____________________________
This notice was posted on the _______ day of _______ nineteen hundred and
______ (19__).
(NOTE: If the hearing cannot be held on the date above mentioned, the
following should be executed):
NOTICE IS HEREBY GIVEN that the presentation of my proofs has been
postponed to the ____ day of ____, nineteen hundred and ______ (19___).
________________________
Applicant
AFFIDAVIT
PHILIPPINES)
PROVINCE OF S.S.
MUNICIPALITY)
____________________, being first duly sworn, deposes and say that a copy
of the attached Notice of Intention to Make Final Proof relative to his Homestead
Application No. _____ was posted at the municipal building of the Municipality of
______________ on the bulletin board of the barrio and another in a conspicuous
place on the land applied for on the _________ day of _______ day of _________
19___ and remained so posted for a period of thirty days, until the ______________
day of ____________, 19___.
The changes on the boundaries of the land are due to ___________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
50
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________
(Applicant)
Subscribed and sworn to before me this ______ day of _____ 19___ in the
Municipality of _____________ Province of __________
_____________________________
(Officer authorized to administer oaths
under Section 103, Commonwealth Act
No. 141, as amended)
________________________
Official Title
Documentary Stamp

FINAL PROOF . . . HOMESTEAD

TESTIMONY OF APPLICANT
(Section 14, Commonwealth Act. No. 141 as amended)
_____________________ being called as witness in his own behalf in support
of homestead entry No. _____ testifies as follows:
51
Question-1. What is your name, age, civil status, post-office address?

A.
___________________________________________________
Q.2.
Where were you born and of what country are you a citizen?
A.
___________________________________________________
Q.3.
Are you the identical person who made homestead application No. ____
filed in the CENRO on the ____ day of ______ 19___ and what is the
true description of the land now claimed by you? (If the land has been
previously surveyed, give lot or survey number)
A.
________________________________________________________
__________________________________________________________
__________________________________________________________
____________________________________________________
Q.4.
Have you ever built any house on the land or any where else within the
municipality where the land is located or in another municipality
adjacent to the same? (State the period of your actual residence and the
kind and value of your house therein)
A.
________________________________________________________
Q.5.
Of whom does your family consist and have you and your family resided
continuously in said house? (If married state the fact.)
A.
_______________________________________________________
_______________________________________________________
Q.6.
For what period or periods have you been absent from the homestead
since making settlement, and for what purpose; and if temporarily
absent, did your family comply with the requirement of the law
regarding residence and cultivation of the land during such absence?
A.
_______________________________________________________
_______________________________________________________
Q.7.
How much of the land have you cultivated each season, and for how
many seasons have you raised crops thereon?
A.
________________________________________________________
________________________________________________________
52
Q.8.
Is your present claim used in any way for trade or business?
A.
________________________________________________________
________________________________________________________
Q.9.
What is the character of the land? Is it timber, mountainous, grazing or

ordinary agricultural land? (State its kind and quality, and for what
purpose it is most valuable.)
A.
_______________________________________________________
_______________________________________________________
Q.10. Are there any indications of coal, saline, guano deposits or minerals of
any kind on the land? (If so, describe what they are, and state whether
the land is more valuable for agricultural than for mineral purposes.)
A.
_______________________________________________________
_______________________________________________________
Q.11. Have your ever made any other homestead entry? (If so, describe the
same.)
A.
________________________________________________________
Q.12. Have you sold, conveyed, or mortgaged any portion of the land; and if
so, to whom and for what purpose?
A.
________________________________________________________
________________________________________________________
__________________________________________________________
______________________________________________________
Q.13. Were you at the time of your application was filed, the owner of more
than 12 hectares of the land in the Philippines?
A.
________________________________________________________
________________________________________________________
Q.14. Describe by name and kind, any public land application or any other
entry (not mineral) made by you.
A.
________________________________________________________
Q.15. Who filed original application for the land which you now ask for
53
patent, and where is that person now?

A.
________________________________________________________
Q.16. When and where did he die?

A.
________________________________________________________
Q.17. When did he first begin the cultivation of the land, and what area did he
cultivate each year?
A.
________________________________________________________
Q.18. When and where did he first establish his residence on the land, or
elsewhere within a municipality where the land is located or within a
municipality adjacent to the same; and did he continuously maintain his
residence therein until the date of his death?
A.
________________________________________________________
Q.19. What is your relation to him?

A.
________________________________________________________
Q.20. Since his death, have you continuously cultivated the land and
established your residence thereon or elsewhere within the municipality
where the land is located or in another municipality adjacent to the
same?
A.
________________________________________________________
________________________________________________________
ATTESTED BY:
______________________________
(Sign plainly, with full Christian name)
_______________________
_______________________
54
____________________________________________________________
I HEREBY CERTIFY that the foregoing testimony was read to the claimant
before it was signed by him; that the said witnesses attested to the truth and veracity
of the statements contained herein; and that they acknowledged to me that the said
statements are to the best of their information, knowledge and belief., true and
correct;
Witness my hand this _____ day of _________ 19__ in the Municipality of
_______________________________ Province of _____________________
______________________________
(Officer authorized to administer oaths
under Section 103, Commonwealth Act
No. 141, as amended)
______________________________
(Official Title)
Documentary Stamp

x Lot No.
Barangay of
: Municipality of
Province of
: Area:
H. A. No.
Applicant
x----------------------------------------x

From the records of this office, it appears:
1.
That the above-noted application was filed on ______________ by
55
_________ and was approved on _______ for a tract of land described in the caption
hereof;
2. That the applicant is not the owner of more than twelve (12) hectares of
land and is qualified to acquire a homestead;
3.
That the required homestead fees have already been fully paid;
4. That the land applied for has been classified as alienable and disposable
and is subject to disposition under the Public Land Act;
5. That the final proof papers which have been submitted in connection with
this application were found upon examination to have been properly accomplished;
6. That upon investigation conducted by the Land Investigator/Inspector
whose report was duly indorsed by the Community Environment and Natural
Resources Officer certifying the statements contained in the final proof papers, it was
found that the applicant has fully complied with the residence and cultivation
requirements of the laws;
7. That there is no adverse claim to the land covered thereby still pending
determination; and
8. That the claim of the applicant is in all other respects complete and there
is no record in this office of any obstacle to the issuance of patent;
In view of the foregoing facts, the undersigned is of the opinion that the
applicant has complied with the requirements of the law necessary for the issuance of
patent to the land applied for.
WHEREFORE, the final proof submitted on this application is hereby
approved and patent to the land shall be prepared for issuance in favor of the
applicant. Once prepared, the said patent, together with this order and the entire
records of this case, shall be submitted to the Office ______________ of for signature
and issuance.
SO ORDERED.
Regional Executive Director

56
COPY FURNISHED:

1st Indorsement
Returned to the Provincial Environment and Natural Resources Officer,
DENR-PENRO, Homestead Patent No. _______ has been signed and is issued as of
______________________________________________
AO No. 38, s. 1990, authorizes the following officials to sign homestead
patents: DENR Secretary for areas more than 10 hectares; RED for areas more
than 5-10 hectares; PENRO for areas up to 5 hectares.

SUBJECT:
Sir/Madam:
With reference to the proposed transfer of homestead rights executed in your
favor by ________ involving the land covered by Homestead Application No.
________, I wish to inform you that favorable action cannot be taken thereon it
appearing from our records that prior to the execution of the proposed transfer, an
Order of Issuance of Patent had been issued by this office in favor of the applicant on
______. In the case of Nievas Tinio, et al, vs. Gregorio Frances, et al (G.R. No.
L-7477) decided on November 29, 1955, the Supreme Court laid down the doctrine
that "if the law (Section 118, Commonwealth Act No. 141, as amended) prohibits the
sale or conveyance of a homestead after the issuance of a patent, the prohibition
should be extended, in view of the apparent policy of the law to the date on which the
57
order for the issuance of the patent is issued."

Viewed in the light of the foregoing decision, the above-mentioned transfer
cannot be given further due course. For this reason, please inform us whether you can
effect the rescission of the proposed transfer for homestead rights thereby returning to
the transferor the possession of the said land so that the above-mentioned application
may continue to be given due course in his name. In the affirmative case, you are
given sixty (60) days from your receipt of this letter within which to submit to this
Office the corresponding instrument of rescission, together with your certification that
he has refunded to you whatever amount you have paid him in consideration of the
transfer.
If we do not hear from your within the period herein specified, the
above-mentioned application will be cancelled without any further notice, forfeiting
to the Government whatever amount has been paid on account thereof, and the land
will be disposed of only through either sales or lease in accordance with Sections 98
and 99 of the Public Land Act (Commonwealth Act No. 141, as amended).
Very truly yours,

H. A. No.
x Lot No.
Applicant:
: Barangay of
Successors:
: Municipality of
Representative:
: Province of
x-----------------------------------------x
ORDER: SUCCESSION AND ISSUANCE OF PATENT
58
From the records of this office it appears:

1. That the above-noted application has been duly filed and approved on
______________________;
2. That the applicant died on ___________ and is survived by his heirs,
represented by __________________________;
3.
That the applicant was not the owner of more than twelve (12) hectares of
4.
That the homestead fees have already been fully paid;
land;
5. That the final proof papers which have been submitted in connection with
this application were found upon examination to have been properly accomplished;
6. That in an investigation for the purpose of verifying the statements
contained in the final proof papers conducted by Land Investigator/Inspector
_____________ whose report was duly indorsed to Community Environment and
Natural Resources Officer ______________ it was found that the applicant and his
successors have fully complied with the residence and cultivation requirements of the
law; and
7. That there is no adverse claim to the land applied for still pending
determination.
In view of the foregoing facts, the undersigned is of the opinion that the
applicant and his successors have complied with all the requirements of the law
preliminary to the issuance of patent for the said land.
WHEREFORE, the final proof submitted on this application is hereby
approved and patent should be prepared for issuance in favor of the heirs of the
applicant. Once prepared, the said patent, together with this order and the entire
records of this case shall be submitted to the Office of __________________ for
signature and approval.
SO ORDERED.
59
_____________________
COPY FURNISHED:

1st Indorsement
Returned to the Provincial Environment and Natural Resources Officer
DENR-PENRO, Homestead Patent No. ______ has been signed and is issued as of
_____________________________
AO No. 38, s. 1990, authorizes the following officials to sign homestead
patents: DENR Secretary for areas more than 10 hectares; RED for areas above
5-10 hectares; PENRO for areas up to 5 hectares.
FINAL REPORT OF INVESTIGATION

Sir:
I have the honor to certify that on __________ I have been upon and examined
the land applied for by ___________ under Homestead Application No. ______
(E-_____) located in the sitio of _________ barrio of __________ municipality of
___________ province of _________ and found the following:
The
Total area applied for _________________ hectares

Cultivation begun ____________________ 19__
Area under cultivation ________________ hectares
Area cleared but not cultivated __________ hectares
Area remaining untouched _____________ hectares
Improvements ____________________________________________
The land applied for corresponds to Lot No. ____ Pls/Cad _________
The land was surveyed on ___________________________________
correct name of the applicant is _______________ married
to
60
_______________.
The applicant has _____ resided on the land in the municipality where the land
lies/ in the municipality adjacent to it from ____________ and has paid the amount of
____________ corresponding to the required homestead fees as evidenced by O.R.
No. _____ dated _____________.
There are _____________ claimants whose names and addresses are:
_____________________________________________________________
The
applicant died on ________ (a) He was legally married to ________ who has been
occupying and cultivating the land since his death, or (b) He has never been legally
married, but (c) The following are his nearest heirs:
1. ____________________________ 2. ___________________________
3. ____________________________
The above heirs are the ____________________________________
(state their relationship to the deceased)
REMARKS:
___________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Land Inspector/Investigator
1st Indorsement
Respectfully forwarded to the ____________________ with the information
that the undersigned has examined the above inspection report and believes that the
statements therein contained are correct. It is therefore recommended that patent be
____________________ issued to the applicant.
SUBJECT:
61
Land Investigator/Deputy Public Land Investigator/

CENRO
Sir:
It appears that in consideration of the sum of ____________________
transferred his rights to, and interests, in the land covered by his Homestead
Application No. _____ (E-_____) in favor of _________________ who filed his
_____ Application No. _____ for the same land. As it is very obvious that the
intention of the parties is a transfer of homestead rights, it is believed that the
transaction should be considered and given due course in accordance with Section 20
of Commonwealth Act No. 141, as amended, instead of cancelling Homestead
Application No. _____ (E-_____) provided that _____ is a qualified homestead
applicant. This procedure will avoid the effect of Section 99 of the aforesaid Act
which requires that the land may be disposed of by sale or lease only.
In view thereof, it is requested that you comply with the following:
1. Require the applicant-transferee to file his homestead application and to
remit the homestead fees of Ten Pesos (P10.00 five pesos entry and five pesos
final homestead fee);
2.
Require the parties involved to execute another Deed of Transfer;
3. Collect the transfer fee of P _____ as required by Lands Administrative

Order No. 45, S of 1983;
4. Submit the sketch of the land sought in the transfer in accordance with
Lands Circular No. R-26; and
5.
matter.
Investigate the transfer in accordance with standing instructions on the
Very truly yours,
CENRO
62
COPY FURNISHED:

H.A. No. ________ (E-________)
x Lot No.
:
____________________
:
Applicant-Transferor
:
H.A. No. ________ (E-________) x Lot No.
____________________
:
Applicant-Transferee
:
x-------------------------------------------x
ORDER: PARTIAL TRANSFER OF HOMESTEAD RIGHTS AND AMENDMENT

OF APPLICATION
The transfer to _______________________ of the homestead rights of
__________________, the herein transferor, affecting a portion of the land covered
by Homestead Application No. _____ (E-_____) located in the place indicated above,
is sought in an instrument of conditional transfer submitted in due form, in
accordance with Section 20 of Commonwealth Act No. 141, as amended.
From the records available in this Office and from the report of findings of its
representative who investigated this proposed transfer, it appears:
1. That the aforesaid application was duly filed on __________ by
__________ for _________, and the same was approved on __________;
2. That the transferor has complied with all the requirements of the law, but
could not continue with the homestead thru no fault of his own;
3. That the transferor had proposed to transfer his rights to, and interests in,
a portion of the land applied for in favor of __________;
4. That the transferee, who has already filed a homestead application for the
said portion of the land is a bonafide purchaser of the rights and improvements of the
63
applicant on the land, and is legally qualified to apply for a homestead;

5. That the conveyance is not for the purpose of speculation and the
transferee is the one really and actually interested in the transfer and is not merely a
dummy applicant;
6. That the transferee is financially or otherwise capable of bringing the land
into cultivation and use;
determination;
8. That the portion of the land sought to be transferred has already been
surveyed and is now designated as ________, containing an area of ________
hectares; and
9. That the transfer fee of ______ has been paid under Official Receipt No.
_____ dated _________.
In view of the foregoing considerations, the transfer of homestead rights
executed by _________________ in favor of ________________ affecting
_________, a portion of the land covered by Homestead Application No. ______
(E-______) of the former is hereby approved. Accordingly the said application, is
hereby amended to exclude therefrom the said Lot. No. _____ and thereafter continue
to be given due course for the remaining portion identified as Lot No.
_____________. The application of the transferee for Lot No. _______, shall be
numbered and likewise given due course as Homestead Application No. _____
(E-_____).
SO ORDERED.
Secretary/
Regional Executive Director/

PENRO
420
COPY FURNISHED:
64
The Applicant-Transferor
The Applicant-Transferee
The Provincial Assessor
The CENRO
SUBJECT:
Appl. No.
Applicant:
Location:
The CENRO
Sir:
In order that patent for the land covered by the above-noted application may be
issued in favor of the applicant, you are hereby directed to comply immediately with
the requirements herein below indicated by "X" mark:
___ 1. The final proof presented by the applicant is not properly accomplished.
Require him/her to submit another final proof, forms for which are herewith
enclosed.
___ 2. Ascertain the correct tract of land applied for, whether it corresponds to Lot
No. _____ or Lot No. _____.
___ 3. This application was approved for _____ hectares only, but the survey records
show that it covers _____ hectares. Explain the discrepancy.
___ 4. Submit
the
duplicate
original/certified
true
copy
_______________________________________________________.
of
___ 5. The survey records show that the land is surveyed

_______________________________________________________.
Investigate how the applicant acquired the land from the survey claimant.
for
___ 6. Previous reports show that the applicant has cultivated only _____ hectares out
of _____ hectares. Conduct another final investigation with a view to finding
65
out whether the said applicant has already fully cultivated the land applied
for/increased the cultivation to at least one-fifth (1/5) of the area applied for.
___ 7. Inform this Office of the true civil status of the applicant; if married, the
correct name of the husband/wife.
___ 8. The report stated that the land applied for has been acquired thru inheritance.
Ascertain the other heirs; and, if of legal age, their consent in writing should be
secured, and, if minor, the consent should be obtained from the legal guardian.
___ 9. Please conduct final investigation anew in accordance with standing
instructions on the matter.
__ 10. Inform us of the Classification Project Number of the land applied for as
established by the Forest Management Bureau.
__ 11. The area and boundaries of the land applied for in the sketch drawn at the
dorsal side of the final investigation report do not tally with those in the plan
for the same land as verified and approved by the Surveys Division. Explain in
writing the discrepancy.
__ 12. Require the applicant to execute and submit the enclosed form affidavit of
responsibility.
__ 13. Submit sketch of the land in accordance with Lands Circular No. 28-25 dated
August 1, 1950.
Very truly yours,

Regional Executive Director/PENRO
COPY FURNISHED:

66
H.A. No. ________ (E-________)
x Lot No.
:
____________________
:
Applicant-Transferor
:
H.A. No. ________ (E-________) x Lot No.
____________________
:
Applicant-Transferee
:
x-------------------------------------------x
ORDER: TRANSFER OF HOMESTEAD RIGHTS
The transfer to ______________ of the homestead rights acquired under
Homestead Application No. _____(E-____) filed by ____________, the herein
transferor, for a tract of land of ________ hectares, located in the barrio of
__________, municipality of _________, province of ____________ is sought in an
instrument of conditional transfer submitted in due form, in accordance with Section
20 of Commonwealth Act. No. 141, as amended.
From the records available in this Office and from the report of findings of its
representative who investigated this proposed transfer, it appears:
1. That the aforesaid application was duly filed on ____________ by
_____________ for the tract of land herein above-described and the same was
approved on ______________;
2. That the transferor has complied with all the requirements of the law, but
could not continue with the homestead thru no fault of his own;
3. That the transferee, who has already filed a homestead application for the
same land, is a bonafide purchaser of the rights and improvements of the applicant on
the land, and is legally qualified to apply for a homestead;
4. That the conveyance is not for the purpose of speculation and in all other
respects, conforms with all the requirements prescribed by Section 20 of
Commonwealth Act No. 141, as amended;
5. That the transferee is the one really and actually interested in the transfer
and is not merely a dummy applicant;
6. That no person other than the transferee is interested in the transfer, either
directly or indirectly;
67
7. That the proposed transferee is financially or otherwise capable of

bringing the land into cultivation and use:
determination; and
9. That the transfer fee of ________ has been paid under Official Receipt
No. _____ dated _____________.
In view of the foregoing consideration, the transfer of homestead rights of
_________________ acquired under Homestead Application No. _____ (E-_____) is
hereby approved, and it is ordered that the said application be recorded in the name of
the transferee, __________, Filipino, of legal age, single/married to
______________________,
and
residing
in
_________________________________________.
SO ORDERED.
__________________
COPY FURNISHED:

TRANSFER OF HOMESTEAD RIGHTS

WHEREAS, by virtue of Homestead Application No. _____ (E-_____)
approved on __________ in accordance with Chapter IV of Commonwealth Act. No.
141, as amended, the CENRO allowed __________ to enter upon, occupy, cultivate
and reside on the tract of land described as follows:
_____________________________________________________________
_____________________________________________________________
68
WHEREAS, said ______________ has paid the amount of __________

PESOS (P _____) Philippine currency, as fees on the aforementioned Homestead
Application No. _____ (E-_____), and has entered upon, occupied and cultivated the
land and has established residence as required by said Chapter IV of Commonwealth
Act No. 141, as amended;
WHEREAS, said __________, believing and knowing that he can not thru no
fault of his own, further comply with the requirements of said Chapter IV of
Commonwealth Act No. 141, as amended, and can not continue his occupation and
cultivation of the land described in his said homestead application or the residence
required by law;
WHEREAS, the said __________ has agreed to assign, transfer and convey to
_____________ all rights to and interests in the land described in the said homestead
application and all improvements thereon, and
WHEREAS, _______________ has expressed his intention and desire to
purchase such rights to, interest in and improvements on, the tract of land described in
the said homestead application belonging to said __________ and said
________________ has given assurance that he is legally qualified to acquire a
homestead as evidenced by the attached application which is made part hereof, and is
financially able to utilize the entire area of the homestead herein in described;
NOW, THEREFORE, I, ______________________ in consideration of the
sum of ____________________ PESOS (P _____), Philippine currency, to me paid
by the said ___________________ the receipt of which is hereby acknowledge and
under the stipulations contained herein, do hereby assign, transfer and convey unto
said _____________ the rights and interests to me granted by the Government of the
Philippines and all improvements on the land aforesaid and such other obligations
appertaining to said Homestead Application No. _____ (E-_____) as provided in
Chapter IV of Commonwealth Act No. 141, and I have made this assignment of my
rights to, and interests, in the land described in the said homestead application and all
the improvements thereon in good faith and do not for purposes of speculation and
with the understanding that said assignment, transfer, and conveyance shall be
effective only upon the approval thereof by the _________________.
IN WITNESS WHEREOF, I have hereunto set my
_________________, Philippines, this _____ day of __________, 19 __.
hand
in
69
________________________
Transferor
Accepted under the conditions specified above:
_______________________
Transferee
In the presence of:
_______________________
Witness
_______________________
Witness
On this _____ day of __________, 19 __, in _____________ personally

appeared before me _____________ with Residence certificate No. ________, issued
at __________________ on __________________ and ________________ with
Residence Certificate No. _____ issued at ____________ on _____ _________
known to me to be the transferor and the transferee, respectively, in the foregoing
deed of transfer of homestead rights, and they acknowledged to me that the said
instrument is their own free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date
herein above mentioned at __________.
_________________________________
(Officer authorized to administer oaths)
(Documentary Stamp)
NOTE: The acknowledgment in this form must be executed by any of the

70
following Officers:
a)
The Municipal Court Judge of the municipality wherein the land

lies;
b)
The Judge, Clerk, or Deputy Clerk of the Regional Trial Court of

the province in which the land lies;
c)
Any Notary Public of the province in which the land lies, and
d)
Any Officer, Chief of Party, Public Land Inspector or any other

officer of the DENR authorized to administer oaths.

H.A. No.
x
:
Applicant
x-------------------------------------------x
ORDER
As the land applied for was the subject of a valid homestead entry on
_________________ and the applicant since then has complied with all the
requirements for a lawful entry, the order of this office dated _________ approving
the above-noted application is hereby modified so that the entry granted therein shall
be made effective as of ______________
SO ORDERED.
COPY FURNISHED:
71

SUBJECT
The CENRO
Sir:
In order that appropriate action may be taken on the proposed transfer to
______________ of the rights and interests of ________ in the land covered by his
application above-noted, please comply immediately with the requirements
hereinbelow indicated by (X):
___ 1. Require the applicant-transferee to file his homestead application and to pay
the homestead fee of Fifty Pesos (P50.00).
___ 2. Require the parties involved to execute another Deed of Transfer.
___ 3. Refer the deed of conveyance to the Provincial Governor or City Mayor for his
approval, pursuant to the provisions of Section 120 of Commonwealth Act.
No. 141, as amended.
___ 4. Collect the transfer fee of P_______ as required by Lands Administrative
Order No. 45 effective October 6, 1983.
___ 5. Collect the amount of P_______ more so as to complete the ________ fee.
___ 6. Submit the sketch of the land sought in the transfer in accordance with Lands
Circular No. R-26.
___ 7. Ascertain the other heirs of the deceased applicant, and, if of legal age, their
consent in writing should be secured and, if minor, the consent of their legal
guardian in writing should be submitted.
Very truly yours,

72
620
COPY FURNISHED:
CHAPTER 5
Processing Public Land Application for Sales and Lease
5.1 Sales application for agricultural purposes
Sales Application (SA) for agricultural purposes is in Chapter V of the Public
Land Act (CA 141, as amended).
5.1.1 Checklist in the preparation and issuance of Sales Patent
1.
Sales Application with a certification of the MARO
2.
Preliminary investigation report
3.
Appraisal report
4.
Recommendation for approval of appraisal and request for

authority to sell the land at public auction thru sealed bidding
5.
Approval of appraisal and grant of authority to sell the land at

public auction thru sealed bidding
6.
Proofs of payment of publication of Notice of Sale
7.
Notice of Sale
8.
Proofs of posting and publication of Notice of Sale
9.
Report of bidding
10.
Order of Award
11.
Proof of full payment of purchase price of the land
12.
Final investigation report
73
13.
Order: Issuance of Patent
14.
Sales Patent in Judicial Form No. 11 and 11-D
15.
Letter of transmittal of sales patent to Register of Deeds

1.
Examine the application to ascertain
whether the applicant is a qualified sales applicant and as a

CARP beneficiary. Qualifications of a sales applicant are:
a.
any Filipino citizen of legal age
b.
any Filipino citizen not of legal age who is head of the

family.
Note: Under the provisions of the 1987 Constitution,

corporations and associations are not allowed to acquire
public lands thru purchase, only thru lease.
2.
whether the land applied for is surveyed.
Certification of Clerk of Court and Land Registration

Authority, if the land is within a cadastral project and PSU
survey.
whether the applicant has paid the required application fee.
whether the land applied for is covered by any other public

land application.
whether the applicant is the holder of any other public land

application for the same purpose.
whether there is a marital consent of the husband, if the

applicant is a married woman.
Examine the preliminary investigation report to ascertain
whether the land is alienable and disposable.
74
3.
4.
whether the land is free from claims and conflicts.
the actual occupant and improvements, if any.
the correct lot and area.
whether report is duly endorsed by the CENRO concerned.
whether there is a Land Data Record Sheet.
Examine appraisal report to find out
whether appraised value of the land and improvements have

been determined.
whether report of appraisal is properly accomplished by the

Appraisal Committee.
Simultaneously recommend approval of appraisal and request for

authority to sell the land thru sealed bidding to
RED 5 hectares and below
DENR Secretary above 5 hectares.
5.
After approval of the appraisal, collect publication expenses from

the applicant if appraised value of the land is more than P240.00.
6.
Upon payment of publication expenses, the Notice of Sale is

prepared. Requirements regarding the notice are:
Notice shall be published in the Official Gazette and two

newspapers of general circulation (one in English and the
other in Spanish or in a local dialect) once a week for 6
consecutive weeks.
Notice shall also be posted in the bulletin board of the

CENRO, Provincial/Municipal/City Hall Building where
the land applied for is located and on the land itself by the
applicant.
The bid must not be less than 10% of the appraised value of
the land.
75

7.
The applicant has the option to equal the highest bid.
Examine the report of bidding to ascertain
whether the bidding was held at the place, date, and time
specified in the notice.
the submission of proofs of reimbursement of publication

expenses, value of the existing improvements, and
applicant's survey expenses if the successful bidder is other
than the applicant.
whether the applicant/successful bidder has paid at least

10% of the appraised value of the land and payment duly
receipted.
8.
Submission of proofs of publication and posting of Notice of Sale.
9.
Preparation and issuance

applicant/successful bidder.
10.
Submission of proof of payment of full purchase price of land.
11.
Examine final investigation report to ascertain
12.
of
the
Order
of
Award
to
whether the applicant has complied with the cultivation

requirement.
whether the applicant has not violated any of the conditions

of the award.
whether it is favorably recommended by the investigator

concerned.
If all requirements have been complied with, the following are

simultaneously prepared for signature and approval of the official
concerned:
Order of Issuance of Patent.
Sales Patent in Judicial Form No. 11 and 11-B.
76
13.
Transmittal of the approved Sales Patent to the Register of Deeds

concerned by the PENRO.
5.2
Insular government property sales application (IGPSA) for

agricultural/miscellaneous purposes
Insular Government Property Sales Application for agricultural purposes is

under RA 3038 in relation to Chapter V of the Public Land Act (CA 141, as
amended).
The procedural steps are the same as those in the Sales Application for
agricultural purposes. The difference is that a Deed of Sale is issued to the applicant
instead of a Sales Patent.
Insular Government Property Sales Application for residential purposes is
under RA 3038 in relation to Chapter IX, CA 141, as amended.
The procedural steps are the same as those in the Miscellaneous Sales
Application for residential, commercial, industrial, educational, and other similar
purposes. The only difference is that a Deed of Sale is issued to the applicant instead
of a Miscellaneous Sales Patent.
5.3
Miscellaneous sales application (MSA)
Miscellaneous Sales Application for residential, commercial, industrial,

educational, charitable and other similar purposes is under Chapter IX, of the Public
Land Act (CA 141, as amended).
5.3.1 Checklist in the preparation and issuance of Miscellaneous Sales
Patent
1.
Miscellaneous Sales Application.
2.
Preliminary investigation report.
3.
Appraisal report.
4.
Comment and recommendation of District/City Engineer,

Department of Public Works and Highways (DPWH) with the
concurrence of the Secretary of DPWH.
5.
Comment of Department of Tourism if land is for beach resort
77
purposes.
6.

authority to sell the land at public auction, thru oral bidding.
7.
Approval of appraisal and grant of authority to sell the land at

public auction thru oral bidding.
8.
Proof of payment of publication expenses if appraised value of

land is more than P240.00.
9.
Notice of Sale.
10.
Proofs of posting and publication of Notice of Sale.
11.
Report of bidding (oral).
12.
Order of Award.
13.
Proof of full payment of purchase price of the land.
14.
Final investigation report.
15.
16.
Miscellaneous Sales Patent in Judicial Form No. 167 and 167-D.
17.
Letter of transmittal of Miscellaneous Sales Patent to Register of

Deeds concerned, by the PENRO.

1.
whether the applicant is qualified.
whether the land is covered by any other public land

application and does not exceed the maximum area allowed
by law.
78
application. In the case of application for residential

purposes, the applicant including his/her spouse is allowed
only one lot.
2.
3.
whether there is a marital consent of the husband, if the

applicant is a married woman.
Examine the preliminary investigation report to ascertain -
whether the land is alienable or disposable.
the correct lot and area, if surveyed.
whether report is duly endorsed by the head of Office

concerned.
whether appraised value of the land and improvements have

been determined.

appraisal committee.
4.
Secure comment and recommendation of the District/City

Engineer, DPWH on whether the land will be needed by the
Government for future public improvements.
5.
Refer by indorsement the comment and recommendation of the

District/City Engineer to the Secretary of Public Works and
Highways for his comment or concurrence.
6.
Comment and recommendation of the Department of Tourism if

land is for beach resort purposes.
7.

authority to sell the land thru oral bidding to the DENR Secretary
if area is above 5 hectares; RED, if above 1,000 sq. m. up to 5
79
hectares; and PENRO, if 1,000 sq. m.

8.
After approval of appraisal, collect publication expenses from

applicant if appraised value of the land is more than P240.00.
9.
Upon payment of publication expenses, the Notice of Sale is

prepared. Requirements of the notice are:
10.

consecutive weeks.

applicant.
The bid must not be less than 10% of the appraised value of
the land.

expenses, value of existing improvements, and applicant's
survey expenses if the successful bidder is other than the
applicant.
whether the successful bidder has paid at least 10% of the

appraised value of the land and payment is duly receipted.
NOTE: Sealed bidding may be conducted only when the applicant has
introduced improvements on the land by virtue of a permit issued by a
competent authority.
11.
Submission of proofs of publication and posting of Notice of Sale.
12.
Preparation and issuance of Order of Award to

applicant/successful bidder. Balance of the purchase price of the
80
land is payable in 10 equal annual installments from the date of

Award or may be paid in full within 10 years from the date of
award
13.
Submission of proof of payment of full purchase price of land
14.
Examine final investigation report to ascertain whether
15.
applicant has complied with the construction requirement of

the law.
there are no other claimants.
the land has been surveyed.

simultaneously prepared for signature and approval of the Official
concerned:
Order of Issuance of Patent
Miscellaneous Sales Patent in Judicial Form No. 167 and

167-D
16.
Transmittal of the approved Miscellaneous Sales Patent to the

Register of Deeds concerned by the PENRO.
5.4
Miscellaneous sales application for residential purposes
Miscellaneous Sales Application for residential purposes pursuant to RA 730

(implemented by Lands Administrative Order No. 19 dated November 4, 1954) as
amended by PD 2004 dated December 30, 1985 (implemented by Lands General
Circular No. 126 dated January 21, 1986) and in relation to Chapter IX, CA 141, as
amended
5.4.1 Checklist in the preparation and issuance of Miscellaneous Sales
Patent (RA 730)
1.
Miscellaneous Sales Application.
2.
Preliminary Investigation Report with Land Data Record Sheet.
81
3.
Appraisal Report.
4.
Affidavit of applicant requesting direct sale (without public

auction).
5.
Report of Investigation regarding request for direct sale.
6.
Comment and recommendation of the District/City Engineer,

DPWH.
7.
Comment or concurrence of the Secretary of Public Works and

Highways.
8.

authority to sell the land thru direct sale to the PENRO.
9.
Approval of appraisal and grant of authority to sell the land thru

direct sale by the PENRO if area is 1,000 sq. m.
10.
Notice of Sale.
11.
Proofs of posting of notice.
12.
Order of Award.
13.
Proof of full payment of purchase price of land.
14.
15.
Miscellaneous Sales Patent in Judicial Form No. 167 and 167-D.
16.
Letter of transmittal of Miscellaneous Sales Patent to Register of

Deeds concerned, by the PENRO.

1.
whether the applicant is qualified. Qualifications of an

applicant are:
a.
Filipino citizenship
82
2.
3.
b.
must be at least 21 years old and married; if single,

applicant must be the bread winner or head of the family.
c.
does not own any home lot in the city or municipality

where the land applied for is located
d.
must have actually occupied in good faith the land applied

for and constructed a house thereon where he/she is
actually residing.
whether the land is covered by any other public land

application and does not exceed the maximum area allowed
by law.

application.
the marital consent of the husband if the applicant is a

married woman.
an affidavit that he/she is breadwinner or head of the family

if the applicant is single.
the actual occupant and improvements.
the correct lot and area, if surveyed and is not more than
1,000 sq. m.
whether report is duly endorsed by the head of office

concerned.
whether appraised value of the land and improvements
83
(residential house) have been determined.
whether the report of appraisal is properly accomplished by

the Appraisal Committee.
4.
Examine affidavit of applicant to determine whether he/she is

qualified to purchase the land thru direct sale.
5.
Examine the report of investigation to ascertain whether the

applicant possesses the qualifications for direct sale.
6.
Secure comment and recommendation of the District/City

Engineer, DPWH, on whether the land applied for will be needed
by the government for future public improvements.
7.
Refer by indorsement the comment and recommendation of the

District/City Engineer to the Secretary of Public Works and
Highways for comment or concurrence.
8.
Simultaneously recommend to the PENRO the approval of

appraisal and request for authority to sell the land without public
auction.
9.
After approval of appraisal, Notice of Sale (direct sale) is prepared

for posting for a period of 30 consecutive days in the bulletin
board of the CENRO, Provincial/Municipal/City Treasurer or
Assessor's Office and on the land itself by the applicant.
10.
Submission of proof of posting of Notice of Sale.
11.
Submission of proof of payment of at least 10% of the purchase

price of the land or full payment thereof.
12.
Preparation of the Order of Award to the applicant/successful

bidder. However, if the applicant paid in full the purchase price of
the land and the land is surveyed, Order of Award and Issuance of
Patent is prepared instead together with the Miscellaneous Sales
Patent in Judicial Form No. 167 and 167-D.
13.
Submission of proof of payment of full purchase price of land if

applicant opted to pay by installment within ten years.
84
14.

simultaneously prepared for the signature and approval of the
official concerned:
Order of Issuance of Patent
Miscellaneous Sales Patent in Judicial Form No. 167 and

167-D
15.
Transmittal of the Miscellaneous Sales Patent to the Register of

Deeds concerned by the PENRO.
5.5
Townsite sales application (TSA) for residential purposes
Townsite Sales Application for residential purposes is under Chapter XI, CA

141, as amended (established Townsite).
The procedural steps are the same as those in Miscellaneous Sales Application
for residential, commercial, industrial, educational, and other similar purposes. The
difference is in the submission of bid wherein the minimum bid is 2/3 instead of 10%
of the appraised value of the land.
5.6
Lease application (LA) for agricultural purposes
Lease Application for agricultural purposes is under Chapter VI, CA 141, as

amended.
5.6.1 Checklist in the preparation and execution of Lease Contract
1.
Lease Application.
2.
(Certification of the M A R O.)
3.
Preliminary investigation report with Land Data Records Sheet

(accomplished for cadastral/PSU surveyed lands).
4.
Appraisal report.
5.

authority to lease the land to official concerned.
6.
Approval of appraisal and grant of authority to lease the land.
85
7.
Proof of payment of publication expenses if the appraised value of

the land is more than P240.00.
8.
Notice of the Right to lease the land.
9.
Proof of posting and publication of the Notice of the Right to

Lease the Land.
10.
Report of bidding (sealed).
11.
Order: Award.
12.
Proof of payment of one year rental.
13.
Lease Contract.
14.
Letter to applicant enclosing prepared Lease Contract for signature

of the applicant and two credible witnesses and for notarization.
15.
Letter forwarding the same lease contract to official concerned for

his approval and signature and for notarization.
16.
Letter to the applicant transmitting a copy of approved lease

contract.
5.6.2 Procedural steps

1.
whether the applicant is qualified.
if the applicant is a corporation, in which case, the

application must be accompanied with its Articles of
Incorporation and Certificate of Registration with the
Securities and Exchange Commission, together with a
feasibility study stating the financial and technical
capability of the applicant/stockholders to underwrite the
project.

married woman.
86
2.
3.
whether the land applied for is surveyed.

land application.

application.
the actual occupants and improvements, if any.
the correct Lot No. and area, as surveyed.
whether report is duly endorsed by the head of office

concerned.
Examine appraisal report to find
whether the appraised value of land and improvements have

been determined.

recommendation for simultaneous approval of appraisal and

request for authority to lease the land to official concerned.
that after approval of appraisal, publication expenses are

collected from the applicant if appraised value of land is
more than P240.00.
that upon payment of publication expenses, the Notice of

the Right to Lease the Land at public auction thru sealed
bidding is prepared. Requirements of the notice are:
87
4.

other in Spanish or in a local dialect) once a week for six
(6) consecutive weeks.

CENRO, Provincial/Municipality/City Hall Building
where the land applied for is located, and on the land itself
by the applicant.
The bid must not be less than a year's rental computed at

3% of the appraised value of the land which must be
accompanied with a deposit equivalent to at least 3
months' rental.

expenses, value of existing improvements and applicant's
applicant.
5.
Submission of proofs of posting and publication of Notice of the

Right to Lease the Land at public auction thru sealed bidding.
6.
Preparation of the Order of Award to the applicant/successful

bidder.
7.
Submission of proof of payment of one year rental.
8.
Preparation of the Lease Contract.
9.
Letter to the applicant enclosing prepared Lease Contract for

signature of the applicant and two credible witnesses and for
notarization.
10.
Letter forwarding the same Lease Contract to Official concerned

for his approval and signature and for notarization
88
11.
Letters to the officials concerned and the applicant, transmitting

each a copy of the approved Lease Contract.
5.7
Foreshore lease application (FLA) or Miscellaneous lease

application (MLA)
Foreshore lease application or Miscellaneous lease application for residential,

commercial, industrial, educational, charitable and other similar purposes is under
Chapter IX, CA 141, as amended.
5.7.1 Checklist in the preparation and execution of Lease Contract
1.
Foreshore Lease Application or Miscellaneous Lease Application,

as the case may be.
2.
Preliminary investigation report with Land Data Record Sheet.
3.
Appraisal report.
4.
Comment and recommendation of the District/City Engineer,

DPWH with the concurrence of the Secretary of DPWH
5.
Comment and recommendation of the Local Ports Authority

concerned with the concurrence of the General Manager of the
Philippine Ports Authority.
6.
Comment and recommendation of the Department of Tourism if

the land is for beach resort purposes.
7.

authority of the right to lease the land at public auction thru oral
bidding to official concerned.
8.
Approval of appraisal and grant of authority to lease the land.
9.
Proof of the payment of publication expenses if appraised value of

the land is more than P240.00.
10.
Notice of Right to Lease the Land.
11.
Proofs of posting and publication of the Notice of the Right to

Lease the Land.
89
12.
Report of Bidding (Oral).
13.
Order: Award.
14.
Proof of payment of one year rental.
15.
Lease Contract.
16.
Letter to applicant enclosing prepared Lease Contract for signature

of the applicant and two credible witnesses and for notarization.
17.
Letter forwarding the same lease Contract to official concerned for

his approval and signature and for notarization.
18.
Letters to the officials concerned and applicant, each transmitting a

copy of the approved Lease Contract.

1.
whether the applicant is qualified (same as in sales).
if the applicant is a corporation, the application must be

accompanied with its Articles of Incorporation and
Certificate of Registration with the Securities and Exchange
Commission together with the feasibility study stating the
financial and technical capability of the applicant to
underwrite the project as required in SECTION 33, CA 141,
as amended.

married woman.

land application.

application.
90
2.
3.
4.
the correct lot no. and area. The maximum area is 500
hectares for an individual and 1,000 hectares for a
corporation.
whether report is duly endorsed by the CENRO concerned.
whether appraised value of land and improvements have

been determined.

Secure comment and recommendation from the following offices:
District/City Engineer DPWH, whether the land applied for

will be needed by the government for future improvements
duly concurred in by the Secretary of DPWH.
Local office of the Philippine Ports Authority whether the

land will be needed for future public improvements or use
of the land will obstruct navigation by the General Manager
of the PPA.
Department of Tourism whether the land is within the

tourist zone.
5.

authority to lease the land at public auction thru oral bidding to the
official concerned.
6.
After approval of appraisal, collect publication expenses from

applicant if appraised value of the land is more than P240.00.
91
7.
8.
Upon payment of publication expenses, the Notice of the Right to

Lease the Land is prepared. Requirements of the notice are:
Notice shall be published in the Official Gazette and 2

consecutive weeks.
Notice shall also be posted at the bulletin board of the

applicant.
The bid offered must not be less than a year's rental

computed at 3% of the appraised value of the land plus 1%
of the appraised value of the existing and proposed
improvements.

expenses, value of existing improvements, and applicant's
applicant.
NOTE: Sealed bidding may be conducted only when the
applicant has introduced improvements on the land by virtue of a
permit issued by a competent authority.
9.
Submission of proofs of posting and publication of notice.
10.
Preparation of Order of Award of the right to lease the land to the

applicant/successful bidder.
11.
Preparation of the Lease Contract if the land has been surveyed

and approved and one year rental has been fully paid.
12.
Letter to the applicant enclosing prepared lease Contract for
92
signature of the applicant and two credible witnesses and for

notarization.
13.
Letter forwarding the same Lease Contract to official concerned

for his approval and signature and for notarization.
14.
Letter to the applicant, transmitting a copy of the approved Lease

Contract.
Figure 5. Processing public land application for sales and leases.

AGRICULTURAL
TOWNSITE
MISCELLANEOUS
APPLICATION NO. _____________
SALES APPLICATION
ENTRY NO. _____________
1. I HEREBY make application to purchase for agricultural, residential,

commercial, industrial, charitable, educational, or religious purposes under the
provisions of Chapter V, IX, X, or XI of Commonwealth Act No. 141 (Public Land
Act) as amended, the following tract of public land (if the land is a subdivision or
cadastral
lot,
mention
the
lot
and
survey
numbers):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ situated
in the Barrio of _____________, Municipality of _______________, Province of
___________________, Island of _____________________, Philippines and
containing an area of _________________, a sketch of which is drawn on the back
hereof.
2. My name is ______________; my age is ____________ years; my
birthplace is ________________; the date of my birth is _______________; I am a
citizen of _________________________ and my post-office address is
93
___________________________________________ I am (married, single) and the

name
of
my
(wife,
husband)
is
_______________________
____________________________________________________________________
________
who
is
a
citizen
of
____________________
__________________________.
3. I have been upon and examined the land applied for and it contains no
improvement or indication of occupation or settlement, except as follows:
____________________________________________________________________
______________________________________________________ and to the best of
my knowledge and belief it is neither timber nor mineral land and contains no
valuable deposit of guano, coal and salt.
4. This application is made in good faith for my exclusive benefit and use
and not, either directly or indirectly, for the benefit or use of any person, corporation,
association or partnership, but for the actual purpose of using the land solely for
_____________ purposes, for which I shall invest the sum of
__________________________ pesos (P_________).
5. I agree to conform to future delimitation, classification, survey or
resurvey of the land herein applied for, and I shall before patent is issued to me,
accept such portions as may be assigned to me by the ________________ as a result
of such new delimitation, classification, survey or resurvey.
6. I agree that a strip forty meters wide starting from the bank on each side
of any river or stream that may be found on the land shall be demarcated and
economic value, and I shall not make any clearing thereon or utilize the same for
ordinary farming purposes even after patent shall have been issued to me. (NOTE:
Not Applicable if land applied for is for residential, industrial or commercial
purposes.)
7. I understand that this application conveys no right to occupy the land
prior to the award of the land to me, that the land is of the public domain, and that any
and all rights I may have with respect thereto by virtue of continuous occupation and
cultivation are hereby relinquished to the Government.
8. I have read, or someone has read to me, and I understand the provisions
of the Public Land Act relating to the entering and granting through purchase of land
of the public domain in the Philippines and I will faithfully and honestly endeavor to
94
comply with all the requirements of law on the subject of sale.

9. I am ___________________ a member, stockholder, officer,
representative, attorney, agent, employee or bondholder of the following corporations,
associations, or partnerships which are engaged in agriculture and are holders of
agricultural public lands in the Philippines (give the names of the corporations,
associations, or partnerships, their places of business and the amount of public land
held by them):
_____________________________________________________________
_____________________________________________________________
10. I understand that any applicant who willfully and knowingly submits
false statements or executes false affidavits in connection with his application shall be
deemed guilty of perjury and punished accordingly, and that any person who, not
being qualified to apply for public land, files an application or induces or permits
another to file it in his behalf shall be punished by a fine of not more than five
thousand pesos and by imprisonment for not more than five years, or both, and in
addition thereto, his application shall be rejected or canceled and all amounts paid on
account thereof forfeited to the Government, and he shall not be entitled to apply for
any public land in the Philippines.
______________________
(Signature of Applicant)
Taxpayer Account No. ____________
AFFIDAVIT

PROVINCE OF
)
S.S.
MUNICIPALITY OF
)
I, ___________________ the person making this application, first having duly
sworn upon oath, depose and say: That I have read or someone has read to me and I
thoroughly understand the foregoing application; that I signed the application and this
affidavit in the presence of the officer who administered the oath; and that each and
95
every statement in the application is true and correct. SO HELP ME GOD.
_____________________
(Applicant)
Before me, at the place aforesaid, on this ___ day of __________ 19__,
personally appeared ______________________ known to me to be the person whose
name appears in the foregoing application and who subscribed and swore to this
affidavit. He exhibited to me his/her Residence Certificate No. __________ issued at
_______________ on the ____________ day of __________19__ which shows him
on the date of said certificate to be ______ years old.
NOTARIAL REGISTER NO. __________
PAGE NO. ____ BOOK NO. ____

SERIES OF 19__
________________________
(Officer Authorized to
Administer Oath)
________________________
(Official Title)
(SKETCH OF LAND)
REPUBLIC OF THE PHILIPPINES

AGRICULTURAL, FORESHORE, RECLAIMED LAND
OR MISCELLANEOUS LEASE APPLICATION
Entry No. _____________
96
1.
The undersigned hereby makes application under the provisions of Chapters VI

and IX of Commonwealth Act 141, as amended, to lease for a period of
______________ years the tract of land described as follows:
_______________________________________________________
_______________________________________________________ situated
in the Barrio of ___________, Municipality of _________ Province of
____________, Philippines, containing an area of ________________, the
shape and dimension of said tract being indicated in the sketch drawn on the
back of the application.
2.
My name is __________, my age is _____ years; the place of my birth is

___________________, I am a citizen of ______________________ and my
post-office address is ___________; I am married, single, and the name of my
wife/husband is __________ who is a citizen of _________ I am not employed
in the government service. (If a government employee, he should attach to this
application permission in writing of the head of the Department under which
he is working). I possess funds and personal property as follows, with which I
expect to put into beneficial use the land applied for within the period fixed by
law:
_________________
_______________________________________________________________
(If the applicant is a corporation or association, attached a certified copy of the
articles of incorporation or co-partnership and evidence of its having been
authorized to transact business in the Philippines.)
3.
I have examined the land applied for, and it contains no improvements or

indication of occupation and settlement, except as follows:
________________________________ and to the best of my knowledge and
belief, it is neither timber nor mineral land and contains no guano or any
deposit of salts or coal.
The following improvements are proposed to be made on the land applied for,
the same to be used solely for ____________ purposes. (State kind and
approximate value of proposed improvements, such as houses, warehouses,
factories, wharves, docks, piers, etc. (If the land will be devoted for
agricultural purposes, state the crop to be raised.) ______________________.
4.
This application is made in good faith for the exclusive benefit of the applicant
and not either directly or indirectly, for the benefit of any other person,
corporation, association or partnership, and for the actual purpose of using the
land for the object specified in this application and for no other purposes. I will
97
not sell, assign, transfer, sublet or in any manner encumber the land or the right
or rights that I may acquire, without the approval of the Secretary of
Environment and Natural Resources first had been obtained as provided in
Section 40 of Commonwealth Act 141, as amended.
5.
I agree to defray all expenses that might be incurred in the survey of the land
applied for, in advertisement of this application and other legal and necessary
expenses and to deposit on account thereof such amount as the Regional
Executive Director may require, and to conform to delimitation, classification,
survey or resurvey of the land herein applied for.
6.
That I agree that a strip forty meters wide starting from the bank on each of
any river or stream that may be found on the land I applied for, shall be
demarcated and preserved as permanent timberland to be planted exclusively
to trees of known economic value, and that I shall not make any clearing
thereon or utilize the same for ordinary farming purposes even after patent
shall have been issued to me or a contract of lease shall have been executed in
my favor. (Note: Not applicable if land applied for is for residential, industrial
or commercial purposes)
7.
I am _______________ a member, stockholder, officer, representative,

attorney, agent, employee or bondholder of the following corporations,
associations or partnerships which are engaged in agriculture and are holders
of agricultural public lands in the Philippines.
8.
I understand that this application conveys no right to me to enter upon, occupy,

cultivate, or make clearings on, the land until the same has been finally
approved and a lease contract executed, and that any lease applicant who shall
willfully and knowingly submit false statements or execute false affidavits in
connection with the foregoing application shall be deemed guilty of perjury
and punished by a fine of not more than two thousand pesos and by
imprisonment for not more than five years, and in addition thereto his
application shall be canceled and all amounts paid on account thereof forfeited
to the government, and he shall not be entitled to apply for any public land in
the Philippines.
________________________
Signature of Applicant
98
AFFIDAVIT

PROVINCE OF _______________) S.S.
MUNICIPALITY OF ___________)
I, _________________, the person making this application, first being duly

sworn, upon oath depose and say: That I have read or have had read to me and
thoroughly understand the foregoing application; that I signed said application and
this affidavit in the presence of the officer who administer the oath; that each and
every statement in said application is true and correct.
______________________
(Applicant)
Before me, at the place aforesaid; on this ____ day of ______19,__, personally
appeared ____________, personally known to me to be the person whose name
appears in the foregoing application, and in my presence he signed the said
application and subscribed and sworn to this affidavit.
The affiant exhibited to me his Residence Certificate No. ________ issued at
__________ on the day of ___________, 19__ which shows him at the date of said
residence certificate to be __________ years of age, and a native of ____________.
________________________________
(Officer authorized to administer oath)
Doc. No. _________;
Page No. _________;
Book No. _________;
Series of _________.
99
SPACE FOR SKETCH OF LAND

SAMPLE FORM

SUBJECT:
The General Manager

Philippine Ports Authority
Marsman Building
Port Area, Manila
Sir:
I have the honor to inform of our receipt of the following application:
Kind of Application
Name of Applicant
Date of Filing
Purpose of Application
Location of Land
Barrio
Municipality
Province of
Area
Descriptions
Boundaries
:
:
:
:
:
:
:
:
:
:
(See Sketch at the back hereof)

Before taking action on this application, we would like to be informed whether
the land applied for will be needed by the Government for any future public
100
improvements, whether its use and occupation by the applicant will obstruct
navigation, whether for some other reasons, the said land should not be disposed of
and, if needed for public improvements whether the corresponding funds have been
appropriated for the purpose.
Early attention hereto will be appreciated.
Very truly yours,
COPY FURNISHED:
SALE OF PUBLIC LANDS

Notice is hereby given that the DENR-CENRO at ____________ will sell
through oral bidding at ten o'clock (10:00) A.M. on ___________ the tract of land
described below:
Location
Description
:
:
Area
:
Appraised) Land:
Value of) Improvements:
Reference
:
No bid shall be accepted that does not equal at least two-thirds (2/3) of the
appraised value of the land. In order that a person may be entitled to participate in the
bidding, he must, before the commencement thereof, make a deposit of at least ten per
centum (10%) of his bid. A person bidding in representation of another may do so
under a duly executed power of attorney. During the bidding, the bidder has to make
an additional deposit every time his bid is raised to complete the 10% of his raised
101
bid; otherwise, such bid as raised shall not be accepted. The right is reserved to reject
any or all bids. Only deposit in cash, money order, certified check, cashier's check
and manager's check can be accepted.
Note: This notice is for townsite sales application only.
VENTA DE TERRENOS PUBLICOS

Por la presente se avisa al publico que la Oficina de Terrenos ________ en
___________ se vendera por medio de la subasta oral a las diez (10:00) de la maana
del dia de __________ la parcela de terreno que abajo se describe:
Situacion
Descripcion
:
:
Superficie
:
Valor de Tasacion :
Valor de Las Mejoras:
Referencia
No se acceptara ninguna oferta que no equivalse por lo menos a dos tercios

(2/3) del valor de tasacion del terreno. Para tener derecho una persona a participar en
la subasta, debera depositar antes de comienzo de la misma el diez por ciento (10%)
de su oferta. Toda persona que presentare una oferta por alguna otra podra hacerlo
bajo un poder debidamente ejecutado. Durante la subasta el postor tendra que hacer
un deposito adicional cada vez que se qumente su oferta para completar el 10% de su
oferta aumentada, de lo contrario, la oferta asi aumentada no sera aceptada. Se reserva
el derecho de rechazar todas o cualquiera de las proposiciones. No se aceptara mas
que un deposito con dinero efectivo, giro postal, cheque certificado, cheque de cajero,
o cheque de gerente.
Note: This notice is for townsite sales application only.
SUBJECT:
The City/District Engineer
102
Sir:
I have the honor to inform you of our receipt of the following application:
Name of Applicant
Kind of Application
Purpose
Date of Filing
Location of Land
Barrio
Municipality
Province of
Descriptions
Boundaries
Area
:
:
:
:
:
:
:
:
:
:
(See Sketch at the back hereof)

It is requested that we be advised whether the land applied for is suitable for
the purpose to which it will be devoted, and whether it is or may be needed by the
Government for public improvements.
As no action on the above-mentioned application can be taken without the
desired information, it will be appreciated if the matter could be given prompt
attention.
Very truly yours,
COPY FURNISHED:
VENTA DE TERRENOS PUBLICO

Por la presente se avisa al publico que las Oficina de Terrenos en ______
vendera por media de subasta oral, al mejor postor a las diez (10:00) de la manana del
dia _____________ de ______________ la parcela de terrenos que abajo se describe:
Situacion del terreno
:
103
Descripcion
Linderos
:
:
Superficie
:
Valor de Tasacion
:
Valor de las mejoras existentes :
Solicitado por
Para tener derecho una persona a participar en la subasta, debera depositar

antes del comienzo de la misma el diez por ciento (10%) del valor en que ha sido
tasado el terreno. Durante la subasta, el postor tendra que hacer un deposito adicional
cada vez que se aumente su oferta asi aumentada no sera aceptada. No se aceptara
mas que un deposito en dinero efectivo, giro postal, "Treasury Warrant", cheque
certificado, cheque de cajero or cheque de gerente.
Se reserva el derecho de rechazar todas o cualquiera de las proposiciones.

The Municipal Treasurer

Sir:
I have the honor to enclose herewith one copy in Spanish and English of a
notice pertaining to __________________ Application No. ____________ of
_____________________________ for a tract of land situated in the barrio of
___________________ municipality of ______________________ province of
_______________________. It is requested that this notice be posted on or before
_____________________________
in
a
conspicuous
place
in
the
______________________ building and that said notice remain so posted for a
period of thirty (30) days/six (6) weeks thereafter. Upon the expiration of the said
period, please return this letter by indorsement giving the inclusive dates when the
notice was posted.
104
Very truly yours,
SUBJECT:
Application
No.__________
of __________________
for the tract of land in the
Municipality of __________
Province of _____________
1st Indorsement
Respectfully returned to the Director of Lands, Manila, with the information
that the copies of the notice above-mentioned were posted on the bulletin board of the
_________________ building of _________________ on __________________ and
remain so posted up to ___________________ _____________________.
_____________________
Treasurer
SUBJECT:
The Editor,
Sir:
I wish to enclose two (2) copies in ___________ of a notice of
__________________________________ of the land applied for by
________________ under ____________________________ Application No.
____________.
It is requested that this notice be published in your newspaper once a week for
a period of six (6) consecutive weeks, on or before _____________ the printing to be
105
in six (6) point type.

After publishing the notice for the period hereinabove stated, please submit
you bill to this Office in triplicate, showing the dates of publication. A copy of the
printed notice should be attached to the bill. It is likewise requested that a copy of
your paper showing the publication of the attached notice be furnished this Office
immediately after each issue. As payments for the advertisement may not be passed in
audit if these requisites are not complied with, please observe them closely in
submitting your bill.
If the publication cannot be started on the date indicated, please notify this
Office immediately.
Very truly yours,

Notice is hereby given that the DENR-CENRO at _______________, will sell
to the highest qualified bidder at (10:00) A.M. on ______________, the tract of land
covered
by
_____________________
Sales
Application
No.
____________________ of ____________________________.
Location
:
Description :
Area
:
Appraised ) Land :
Value of ) Improvements:
All bids must be sealed and submitted to the _________________ at
____________________________ on or before the hour and date stated above and
plainly marked "BID for the land described in _____________________ Sales
Application No. _______________". Bids must be accompanied with cash, money
order, treasury warrant, certified check, cashier's check or manager's check for a sum
equivalent to 10% of the bid. When a bid is withdrawn after the highest bidder is
determined, the corresponding deposit thereof shall be forfeited to the Government.
No bid shall be less than the appraised value of the land. The right is reserved to reject
any or all bids.
106
VENTA DE TERRENOS PUBLICOS

Por el presente se avisa el publico que la Oficina de Terrenos en
______________________________ vendera el mejor postor calificado a las dies
(10:00) de la manana del dia ________ de ________ de 19___ la parcela de terreno
descrita en la solicitud de Compra No. _________________ de _________________.
Situacion
:
Descripcion :
Superficie :
Valor de Tasacion:
Valor de las mejoras:
Se presentaran las ofertas en pliegos cerrados dirigidos a la Oficina de
Terrenos en _____________ en o antes de la hora y fecha arriba designadas,
mercandolos claramente: "OFERTA por el terreno descrito en la Solicitud de Compra
No. _______". Las Ofertas debera someterse con dinero en efectivo, cheque aceptado
o giro postal por una cantidad equivalente al 10% de la oferta. Ninguna oferta no sera
menos del valor tasado del terreno. Si el postor retire su oferta despues de que se haya
determinado al mejor postor, el deposito correspondiente se declara confiscado a
favor del gobierno. Se reserve de derecho de rechazar todas o cualquiera de las
proposiciones.
BID AND ACCEPTANCE OF CONDITIONS
The ______________
Sir:
Referring to your advertisement in the ___________________ in which you
call for bids for the land described in Sales Application No. ____________ I have the
honor to submit my bid of ____________ PESOS (________) per hectare/square
meter or _________________ PESOS AND/100 for the whole tract of land.
Enclosed is ______________ (cash, postal money order or certified check)
payable to the ____________________ in the sum of ___________ (__________)
which is equal to 10% of the amount of my bid.
107
Should my bid be accepted, I will comply with all the requirements of law and
regulations as well as the terms and conditions under which the award is made.
Should I be declared the successful bidder, I will pay the advertisement and
survey expenses and other legal charges. I am also enclosing an application duly
accomplished in quadruplicate for the land above-mentioned. (Applicants who have
filed their regular purchase application need not submit the application called for
herein).
Very truly yours,

______________________
Applicant-Bidder
Post Office Address:
__________________
__________________
__________________
Application No.
Applicant
ORDER OF AWARD
From the records of this Office, it appears:
1. That the above-noted application was filed on _______________ by
________________________ for ___________ purposes for a tract of land described
as follows:
Location
108
Area
Descriptions :
Boundaries :
(See sketch at the back hereof)
2. That upon investigation conducted by the representative of this Office
and the Department of Public Works and Highways, it was found that the land is
suitable for the purpose to which it will be devoted, free from private claims and
conflicts and not needed for future public improvements;
3. That the appraisement of the land at _______________________ having
been approved by the __________________________, notice calling for bids
therefore was duly advertised in accordance with law; and
4.
That at the auction sale of the land held on _______________
It appearing that the proceedings had in connection with _________________

Application No. _________ were in accordance with law and existing regulations, the
land covered thereby is hereby awarded to the applicant, ____________________ at
P_______ per square meter or P___________ for the whole tract.
The deposit of the applicant in the amount of _________ shall be credited as
part payment of the purchase price of the land and the balance thereof amounting to
_______________ shall be paid in not more than ten (10) equal annual installments
that is, _______ on the _________ day of _________ of every year beginning
______________ until the full amount is paid; provided that he/she may at any time
pay in full all the remaining installments before they become due and payable. Any
amount due and remaining unpaid shall bear interest at 4% per annum from the date
the same is due until paid.
This award shall further be subject to the provisions of the Public Land Law
(Commonwealth Act 141, as amended), and particularly to the following conditions:
1. The applicant shall commence the construction of the improvements
appropriate for the purpose for which the land is purchased within six (6) months
from the receipt hereof and shall complete the said construction within eighteen (18)
months from the date of the award.
109
2. The land shall be subject to the easements and servitudes provided for in
Section 109-114 of Commonwealth Act 141, as amended.
3. The land shall not be subdivided, nor shall the rights thereto be
encumbered or conveyed without the previous consent of the Secretary of
4. The applicant shall not permit either by contract or otherwise any other
person, corporation, association, or partnership to have any interest in, or rights to, the
improvements now existing or that may hereafter be introduced on the land applied
for without the previous consent of the Secretary of Environment and Natural
Resources.
Non-compliance with any of the terms and conditions hereof and/or of the
rules and regulations governing the sale of public lands will result in the rescission of
the sale and the cancellation of the application in which event, whatever payments
that might have been made on account of the said application as well as the
improvements introduced on the land shall be forfeited to the Government.
The DENR-CENRO ______________________ is hereby directed to see to it
that the provisions of this award regarding the construction of the improvements
appropriate for the purpose for which the land is purchased within the period herein
stipulated are complied with, and to submit a report forthwith upon notice of
non-compliance.
SO ORDERED.
COPY FURNISHED:

M.S.A. No.
110
Applicant
ORDER: AWARD
From the records of this Office, it appears:
_____________________________ for a tract of land situated in the place indicated
above, for residential purposes, more particularly described as follows:
Location
Area
Description :
Boundaries :
2. That upon investigation conducted by a representative of this Office, the
Department of Public Works and Highways, it was found that the land applied for is
suitable for the purpose to which it will be devoted, not needed by the Government
for future public improvements, and free from private claims and conflicts;
3. That the applicant is not the owner of a homelot in the municipality of
____________ province of ________________ except the land applied for and that
he has in good faith established his residence thereon and has constructed a house
where he is actually residing; and
4. That the appraisement of the land at P_______ per square meter having
been approved by the ______________________ and the private sale thereof to the
applicant having been authorized under Republic Act No. 730 as amended by P.D.
2004, the applicant deposited to this Office the amount of P________ under Official
Receipt No. ______________ dated ______________ representing 10% of the
appraised value of the land.
It appearing that the proceedings had in connection with the Miscellaneous
Sales Application No. _____________ were in accordance with law and existing
regulations, the land covered thereby is hereby awarded to the applicant
__________________________ at P_______ per square meter or P______________
111
for the whole tract.

The deposit of the applicant _____________________________, in the
amount of P___________ should be credited as part payment of the purchase price of
the land and balance thereof amounting to P_________ shall be paid in not more than
ten (10) equal annual installments, that is P_________ on the ________ day of
____________ of every year beginning ______________ until the full amount is
paid; provided that the applicant may at any time pay in full or the remaining
installments before they become due and payable. Any amount due and remaining
unpaid shall bear interest at 4% per annum from the date the same is due until paid.
This award shall further be subject to the provisions of the Public Land Law
(Commonwealth Act No. 141), as amended, and Republic Act No. 730 as amended
by P.D. 2004, particularly to the following conditions:
Sections 109-114 of Commonwealth Act No. 141, as amended.
2. The land shall not be subdivided, encumbered or conveyed without the
previous consent of the _______________________ and shall be used only for
residential purposes.
3. The applicant shall not permit, either by contract or otherwise, any other
person, corporation, association, or partnership to have any interests in, or right to, the
improvements existing or that may hereafter be introduced on the land applied for
without the previous consent of the ____________ _________________.
4. Every conveyance made shall be subject to repurchase by the original
purchaser or his legal heirs within the period of five years from the date of
conveyance and that the land granted herein shall not be used for any purpose other
than that for which said land was applied and any change in land use shall be subject
to the approval of the Housing and Land Use Regulatory Board.
the sale and the cancellation of the application, as well as the improvements
introduced on the land, will be forfeited to the Government.
SO ORDERED.
112
(The following should be typed at the back of the "Order of Award".)

SAMPLE FORM
SUBJECT:
Enclosed is a copy of a notice pertaining to your Miscellaneous Sales

Application No. _________ for a parcel of land situated in ______________. It is
requested that a copy of the notice be posted in a conspicuous place on the land
applied for on or before ____________________ and that such copy of the notice be
made to remain so posted for a period of thirty (30) days immediately following said
date.
On the termination of the above-mentioned period of posting, it is requested
that you fill out and accomplish the enclosed form of affidavit showing that a copy of
the notice had been duly posted as herein indicated. Upon accomplishment of the
affidavit, the same should be submitted to this Office.
Very truly yours,

For the

113
REPUBLIC OF THE PHILIPPINES )

PROVINCE OF
) S.S.
MUNICIPALITY OF
)
I, _______________________, applicant in _______________ upon being
sworn, depose and say: That a copy of the attached notice was posted on each of the
following:
1.
On a conspicuous place of the barangay of ___________________.
2.
On the bulletin board of the barangay of _____________________.
That said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from _____________ to
__________________.
Applicant
___________________
SUBSCRIBED AND SWORN TO BEFORE ME, this _____________ day of
_______________ 19___. The affiant exhibiting his/her Residence Certificate
____________ No. A ____________ issued at ______________
(Official authorized to administer oath)

(Official Title)

Sales Application No. ______________

Applicant
ORDER: AWARD
114
The records of this Office show:

1. That the application noted above was filed on _______________ by
____________________________ for agricultural purposes for a tract of land
described as follows:
Location
Area
Description :
2. That a representative of this Office inspected the land and found the same
to be inside the agricultural zone and free from private claims and conflicts;
3. That the appraisement of the land applied for at ______________ having
been approved by the _____________________, notice calling for bids therefore was
duly published in accordance with law; and
4. That at the auction sale of the land held on _________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
___________________________________________________________.
In view of the foregoing, and it appearing that the proceedings had in
connection with _______________ Sales Application No. _____ were in accordance
with law and existing regulations, the land covered thereby is hereby awarded to the
____________________________________________.
The deposit of the ________________ in the amount of P______ shall be
credited as partial payment of the purchase price of the land and the balance thereof
amounting to P__________ shall be paid in not more than ten (10) equal annual
installments, that is P_________ on the ______ day of _________ every year
beginning ___________ until the full amount is paid, provided that he may at any
time, pay in full the remaining installments before they become due and payable. Any
amount due and remaining unpaid shall bear interest at 4% per annum from the date
the sum is due until paid.
This award shall further be subject to the provisions of Commonwealth Act
No. 141, as amended, and particularly to the following conditions:
115
1. The applicant shall, by himself and not through share tenants pursuant to
Presidential Decree No. 152, dated March 13, 1973, occupy and cultivate the land
immediately or not later than six months from the date of the award, and shall so
occupy and cultivate the same continuously until the issuance of patent therefor, and
shall have at least one-fifth (1/5) of the area actually occupied, improved and
cultivated in order to be entitled to a patent;
Sections 109-114 of Commonwealth Act No. 141, as amended;
3. The land shall not be subdivided, nor shall the rights thereto be
encumbered or conveyed without the previous consent of the Secretary of
Environment and Natural Resources;
person, corporation, association, or partnership to have any interests in, or rights to,
the improvements now existing or that may hereafter be introduced on the land
applied for without the previous consent of the Secretary of Environment and Natural
Resources;
5. The applicant must keep not less than one-tenth of the land planted to
forest trees of economic value; and
6. The land granted herein shall not be used for any purpose other than that
for which said land was applied and any change in land use shall be subject to the
approval of the Housing and Land Use Regulatory Board.
the sale and the cancellation of the application, in which event, the land shall revert to
the state and whatever payments that might, have been made on account of the said
application as well as the improvements introduced on the land, shall be forfeited to
the Government.
The DENR-CENRO _________________________ is hereby directed to see
to it that the provisions of this award regarding the occupation and cultivation of the
land by the applicant himself and not through share tenants within the period herein
non-compliance.
116
SO ORDERED.
COPY FURNISHED:
SAMPLE FORM
SUBJECT:
Sir :
With reference to your above-noted application covering a tract of land
situated in _____________________, please be informed that the appraisal of the
land at P________ per square meter/hectare or P_______________ for the whole
tract of ____________ square meters/hectares and the improvements thereon at
P____________ was approved by the ___________________ ____________.
As the total appraised value of the land applied for is more than P240.00 the
notice of lease/sales will have to be published in the newspapers and in the Official
Gazette. In order that the notice of lease/sales may be prepared for publication, please
send to this Office within sixty (60) days from the date hereof, two (2) separate Postal
Money Orders one in the amount of P_________ payable to the Director of Printing,
the other Postal Money Order in the amount of P___________ which is the estimated
cost of publishing the notice of lease/sales in the Spanish newspaper and in the
Official Gazette once a week for a period of six (6) consecutive weeks aside from the
English newspaper wherein the notice of lease/sales in English has to be published. It
is therefore requested that we be informed of the name of the English newspaper of
general circulation in that ____________________ where you wish to have the notice
of lease/sale in English be published once a week for a period of six (6) consecutive
117
weeks, so that we can send to you the materials to be published of which you will also
defray the publication expenses thereof. In case the expenses of advertising should
exceed the amount, this Office will call on you to make further deposit to cover the
excess.
Failure to receive the amount requested as well as the name of the English
newspaper thereat within the aforementioned period may cause this Office to presume
that you are no longer interested in your application of which the same may be
rejected. It is requested that you pay the said amount as soon as possible.
Very truly yours,

SUBJECT:
Sir/Madam:
Enclosed are three (3) copies each in English and Spanish of the notice of
auction pertaining to your above-noted application for a tract of public land in the
barrio of ______________ municipality of _______________ province of
________________. It is requested that one copy in English and one copy in Spanish
be posted in each of the following places on or before _____________________ and
that such copies of the notice be made to remain so posted for a period of six (6)
consecutive weeks immediately following said date:
1.
2.
In a conspicuous place on the land applied for.

On the bulletin board, if any, in the barrio of ____________.
On the termination of the above-mentioned period of posting, please fill out

and accomplish the enclosed form of affidavit, showing that the copies of the notice
118
have been duly posted as herein indicated. Upon accomplishment of the affidavit, it
should be submitted to the ___________________ at _____________________ with
your bid.
Your bid for the land should be submitted on or before the time on the date of
auction. You must either personally attend the bidding or be duly represented with
special power of attorney so that your bid may be raised when necessary.
Very truly yours,
COPY FURNISHED:

The Official Gazette
c/o National Printing Office
Port Area, Manila
Sir:
I have the honor to enclose two (2) copies in English of a notice of the land
applied
for
by
__________________________________________
under
___________________ Application No. ________.
It is requested that this notice be published in the Official Gazette once a week
for a period of six (6) consecutive weeks to start on or before _______________ and
completed not later than _____________
After publishing the notice for the period hereinabove stated, please send us in
triplicate a certificate of the Director of Printing showing the publication of the notice
of auction. It is also requested that a copy of your paper showing the publication of
the attached notice be furnished this Office immediately after each issue.
If we do not hear from you on , or before _______________ it will be
presumed that the publication of the notice can and will be made as herein requested.
119
Very truly yours,

NOTE: Publication expenses in the amount of ____________________ was paid
directly to that Official receipt No. _______________ dated
________________.

Sir:
I have the honor to inform that the following application to ___________
public land for agricultural purposes has been filed in this Office:
Application No.
Location of Land
Description
Boundaries
:
:
:
:
Area
Appraised ) Land
Value of ) Improvements
:
:
:
(Rec. by ______________
Upon investigation conducted by this Office, it was found that the land applied
for is free from private claims and conflicts and open to disposition according to law,
and that the applicant is financially able to utilize the area for the purpose to which it
will be devoted.
In view of the foregoing, it is recommended that the appraisal be approved in
accordance with Section 116 of the Public Land Law, Commonwealth Act No. 141,
as amended, and that this Office be authorized to ___________ the land in
accordance with the provisions of the same Act.
Pertinent papers are hereto attached.
120
Very truly yours,

Notice is hereby given that the DENR-CENRO at _______________ will sell
through oral bidding to the highest bidder at 10:00 o'clock A.M. on
________________ the tract of land described below:
Location of Land
Description
Boundaries
:
:
:
Area
:
Appraised ) Land :
Value of ) Existing Improvements:
Applied for
In order that a person may be entitled to participate in the bidding, he must,

before the commencement of the same, make deposit of at least ten per cent (10%) of
the appraised value of the land. During the bidding, the bidder has to make an
additional deposit everytime his bid is raised to complete the 10% of his raised bid;
otherwise, such bid as raised shall not be accepted. Only deposit in cash, money
order, treasury warrant, certified check, cashier's check or manager's check can be
accepted.
The right is reserved to reject any or all bids.
SAMPLE FORM
121
SUBJECT:
Sir:
With reference to your above-noted application covering a tract of land
situated in ____________________, please be informed that the appraisal of the land
at P_________ per square meter/hectare or P______________ for the whole tract of
________ square meter/hectares and the improvements thereon at P _______ was
approved by the _____________________________.
As the total appraised value of the land applied for is more than P240.00 the
notice of lease/sales will have to be published in the newspapers and in Official
Gazette. In order that the notice of lease/sale may be prepared for publication, please
send to this Office within sixty (60) days from the date hereof, two (2) separate Postal
Money Orders one in the amount of P________ payable to the Director of Printing,
the other Postal Money in the amount of P___________ which is the estimated cost
of publishing the notice of lease/sales in the Spanish newspaper and in the Official
Gazette once a week for a period of six (6) consecutive weeks aside from the English
newspaper wherein the notice of lease/sales in English has to be published. It is
therefore requested that we be informed of the name of the English newspaper of
general circulation in that _____________ where you wish to have the notice of
lease/sale in English be published once a week for a period of six (6) consecutive
weeks, so that we can send to you the materials to be published of which you will also
defray the publication expenses thereof. In case the expenses of advertising should
exceed the amount, this Office will call on you to make further deposit to cover the
excess.
Failure to receive the amount requested as well as the name of the English
newspaper thereat within the aforementioned period may cause this Office to presume
that you are no longer interested in your application of which the same may be
rejected. It is requested that you pay the said amount as soon as possible.
122
Very truly yours,

Sir:
I have the honor to inform that the following application to ___________
public land has been filed in this Office under Chapter IX or XI of the Public Land
Law, Commonwealth Act No. 141, as amended:
Application:
Date of Filing
:
Location of Land
:
Descriptions
:
Boundaries
:
Area
:
Appraised ) Land
:
Purpose
(Rec. by _______________
Upon investigation made by this Office and the Department of Public Works
and Highways, it was found that the land applied for is free from private claims and
conflicts and is not needed for the public service, and that the applicant is financially
able to introduce improvements appropriate for the purpose to which the land will be
devoted. It was also found that the land is disposable under Chapter IX or XI of the
Public Land Law.
accordance with Section 116 of Commonwealth Act No. 141, as amended, and that
this Office be authorized to proceed with the sale or lease of the land in accordance
with the provisions of the same Act.
The papers pertaining to the above-mentioned application are hereto attached.
123
Very truly yours,

Sir:
I have the honor to inform that the following application to purchase public
land has been filed in this Office under Republic Act No. 730 (as amended by PD
2004), in relation to Chapter IX of the Public Land Law, Commonwealth Act No.
141, as amended:
Misc. Sales Application
Date of Filing
Location of Land
Descriptions
:
:
:
:
Area
:
Appraised ) Land
:
Value of ) Existing Improvements
P u r p o se
Residential
(Rec. by ____
Upon investigation made by this Office and the Department of Public Works
and Highways, it was found that the land applied for is free from private claims and
conflicts and is not needed for the public service, that the applicant has introduced
improvements appropriate for the purpose to which the land is devoted, that he had
been continuously occupying the building constructed thereon and is actually residing
therein, and that he is not the owner of any other home lot in ______________. It was
found that the said land is disposable under Republic Act No. 730 (as amended by PD
2004), in relation to Chapter IX of the Public Land Law.
accordance with Section 116 of Commonwealth Act No. 141, as amended, and that
this Office be authorized to proceed with the private sale of the land to the applicant
in accordance with Republic Act No. 730 (as amended by PD 2004), in relation to
124
Chapter IX of the Public Land Law.

The papers pertaining to the above-mentioned application are hereto attached.
Very truly yours,
SAMPLE FORM
NOTICE
It is hereby announced that _________________________ of
___________________, has applied in this Office for the purchase, without public
auction, under his/her Miscellaneous Sales Application No. ____________, for
residential purposes of _______________, situated in _______________ containing
an area of _____________________ in accordance with Republic Act No. 730 (as
amended by PD 2004).
By virtue of the authority granted by the ________________, this Office will,
without public auction, sell to the applicant, ________________ the said parcel of
land on ______________________________, for ________ ________ (P_______)
FOR THE WHOLE TRACT, in accordance with the said Republic Act No. 730 (as
amended by PD 2004).
If there is any adverse claim to this land, such claim must be filed at the
Community Environment and Natural Resources Office at ___________,
___________ on or before the date of sale; otherwise, the said claim shall forever be
barred.
________________
Date
SAMPLE FORM
125

Sir:
I have the honor to certify that on ___________19___, I personally visited and
examined the land covered by _________ Application No. ______ of
______________ located in the sitio of ____________ barrio of __________,
municipality of ______________, Province of _______________ and found:
1. That the land is described as follows: (Give an accurate description of the
physical condition of the land as possible, not omitting to mention the kind and
approximate age of vegetation of trees growing as well as improvements found
thereon, such as fruit trees, fences, houses, clearing, etc., giving kind, number and age
thereof,
by
whom
planted
or
made
_______________
____________________________________________________________________
_______________________________________.
2. That the land is approximately __________ kilometers from the nearest
provincial road from _________ to ________ and is easily accessible from (Give
name of town, barrio or sitio) _____________________ (State means of
transportation to the land and description of the way; state whether it is public or
private road, trail or a right of way) _____________.
3. The applicant has ___________ placed posts or signs on the corners of
the tract of land applied for and cut a trail along its boundaries as required by the
regulation of the DENR and he was advised to maintain the same.
4. That the tract of land applied for is inside the _______________ zone
(classification project No. ________) established by the Forest Management Bureau
(If the land is within unclassified region, state some if it not sufficient to state that the
land is outside the forest zone).
5. That the tract of land applied for is ___________________ claimed by
_______________ whose post office address is __________________ (In case of
claim and conflicts a separate detailed report must be submitted).
6.
That the applicant has ____________ been occupying and cultivating the
126
land since ___________, by virtue of ____________. A portion of _____________

hectares is now under cultivation and the improvements or standard crops are the
following ___________________________ valued at ______________________
(permanent improvements should be appraised separately).
7. That the land applied for has been identified to be covered by _________
Application No. _____________ of _____________ which was rejected or cancelled
_______________
for
the
following
reasons
____________________________________________________________.
8. That the applicant is _________________ the (owner holder) of
_________________ hectare of land. (Should the applicant be the owner of 12
hectares or more in case of homestead, free patent application or Sales Application
_____________________ number of parcels, location and area thereof
___________________________.
9. That the land applied for has __________________ been assessed at
________________________ per has. (or sq. m.) under Tax Declaration No.
_________ in the name of ________________________, and in my opinion it is
worth _______________ per sq. m. adjacent private lands of similar character are
assessed at _____________ (This is required in case of sale and lease application
only).
10. That the land is ___________ surveyed under Survey No. _______. It
corresponds to Lot No. _______ of Blk-______ of B. L. Case No. G.L.R.O. No.
______.
11. That the applicant is really interested in the application and in a position
to put into beneficial use _______ of the area applied for. The applicant has a yearly
income of P________ (mention nature of property where income is derived). (If the
applicant is not the one really interested in the application the name of the real person
interested should be stated in the column (Remarks). The portions cultivated by
persons other than the applicant, their nationality and value of improvements should
also be stated). The authority for their occupation should be ascertained and efforts
should be exerted to secure copies of the documents, or contract thereon between the
applicant and the occupants.
12. That I have advised the applicant to remit the amount of P________ as
initial fee or as fee for issuance of provisional permit and found that he has
_______________ already paid the amount of P_________ as evidenced by Official
127
Receipt No. ______ issued on _____________.

13. That the applicant or any member of his family is _________ directly or
indirectly connected with the DENR by reason of the following circumstances:
_________________________________________________
___________________________________________________________.
14. That the applicant is (single/married), and he does not come under any of
the exceptions mentioned in paragraph 3, Chapter II of the Rules and Regulations
relating to public lands (In sales or lease application marital consent is necessary).
15. That the applicant is not the holder of ___________ Application No.
________ approved patented on ________________.
16. Remarks:
____________________________________________
___________________________________________________________.
In view of the foregoing, it is recommended that the above-mentioned
application be ________________________.
Sketch of the tract of land applied for, showing the approximate dimensions
follow.
(The sketch should be made in all cases except when the land is included in a
cadastral survey and survey returns have already been forwarded to the Central
Office).
Very truly yours,
_________________________
Spl. Investigator/Land Inspector
Dep. Pub. Land Inspector
INSTRUCTION TO INSPECTORS: All blanks must be filled. If it turns out

that the land is presumably of the public domain and free from claims and conflicts,
the sales, lease or homestead applicant, should be asked to secure a provisional permit
to occupy the land pending the approval of his applications under the provisions of
128
Land Administrative Order No. 3, upon payment of the necessary fee.
FIRST INDORSEMENT
__________________
Respectfully forwarded to the _________________________.
Recommending that the above application be _____________.
Signature: ______________
Type Name ______________
Title
______________
SAMPLE FORM
SUBJECT:
Sir:
I have the honor to submit herewith a draft of the lease contract affecting the
land covered by _____________________ situated in ________________, for
approval and signature of the _______________________, if, in his opinion, upon
consideration of the enclosed papers, said lease contract is proper. The said draft has
been prepared in accordance with the provisions of the law on the matter and the
correctness of the facts stated therein is hereby certified to.
It is recommended that the lease contract be approved.
Very truly yours,

129
SAMPLE FORM
SUBJECT:
Sir:
I am enclosing herewith eight (8) copies of the lease contract affecting the land
covered by your (Application) with the request that the same be signed by you and
two (2) credible witnesses before a Notary Public. It is also requested that P9.00
worth of documentary stamp be affixed to page seven (7) of the original of said lease
contract. Thereafter, the original of said lease contract and other seven (7) copies
should be returned to this Office for the approval and signature of the Secretary of
Very truly yours,

:
:
:
x--------------------------------x
ORDER : AWARD
From the records of this Office it appears:
130
1. That the above-noted application was filed on _____________ by

__________________ for a tract of land situated in the place indicated above, for
____________ purposes, more particularly described as follows:
Location
Area
Description
Boundaries
:
:
:
:
2. That upon investigation conducted by a representative of this office, it

was found that the land is suitable for the purpose to which it will be devoted, not
needed by the Government for future public improvements, and free from claims and
conflicts;
3. That the appraisement of the land at P_______ per hectare ______ or
P___________ for the whole tract of ____________, and of the existing and/or
proposed improvement, thereon at ______________ and ______________
respectively __________ having been approved by the ___________ notice calling
for bids for the right to lease the land was duly advertised in accordance with law; and
4. That at the auction of the right to lease the land held on ________ the
only bid received was that of ____________ who offered an annual rental of
P_________ and deposited the amount of P_________ under Official Receipt No.
___________________ dated __________ which is equivalent to three (3) month's
rental.
It appearing that the proceedings had in connection with
_________________________ were in accordance with law and existing regulations,
the right to lease the land covered thereby is awarded to the applicant
_________________ at a yearly rental of P________ to be paid annually in advance
on or before the _______ day of _______ of each year during the life of the lease, at
the _______________________ the deposit of the applicant in the amount of
_____________ should be credited as __________ payment of the annual rental of
the land and upon full payment of the yearly rental and after the survey of the land,
the Contract of Lease shall be executed.
All rentals payable under this lease shall draw interest at the rate of 4% per
annum from and after the date they become due and payable as provided herein.
131
This award shall further be subject to the provisions of the Public Land Law,
Commonwealth Act 141, as amended:
1. The applicant shall have not less than one third of the land broken and
cultivated within five years after the date of the approval of the lease;
2. The land shall be subject to easements and servitudes provided for in
Sections 109-114 of Commonwealth Act No. 141, as amended;
3. The land shall not be subdivided, encumbered or conveyed without the
previous consent of the ___________; and
person, corporation, association, and partnership to have any interest in, or rights to,
the improvements now existing or that may hereafter be introduced on the land
applied for without the previous consent of the ______________ ___________.
rules and regulations governing the lease of public lands will result in the revocation
of the lease, the cancellation of the application and the forfeiture to the Government
of the improvements introduced on the land.
The DENR Community Environment and Natural Resources Officer,
___________________ is hereby directed to see to it that the provisions of this award
regarding the occupation and utilization of the land leased within the period herein
non-compliance.
So ordered.
COPY FURNISHED:
132
Sir:
Referring to your advertisement in the __________________ in which you call
for bids for the right to lease the land described in __________ Application No.
_______ of ____________________ I have the honor to submit herewith my bid of
_____________________ (P________) PESOS as rental for one year, which is
equivalent to/or more than 3% of the appraised value of the land plus 1% of the
appraised value of the improvements, existing and/or proposed.
Enclosed herewith is ____________ (cash, postal money order or certified
check payable to the Director of Lands) ____________ No. ________ in the sum of
_________________ (P_____) which is equal to the rental for 3 months.
Should my bid be accepted and the right to lease the land awarded to me, I
obligate myself to comply with all the requirements of the law and regulations as well
as the terms and conditions under which the award is made. This bid therefore is
submitted, and it is my understanding that it will be considered, as my agreement to
accept all the terms and conditions provided for by existing laws and regulations for
the lease of public lands.
Should I be declared the successful bidder, I further obligate myself to pay the
advertisement and survey expenses and other legal charges. I am also enclosing
herewith an application, in duplicate, duly executed for the tract of land
above-mentioned.
_____________________
Applicant/Bidder
____________________
____________________
(Note: All applicants who have filed the regular lease application need not
submit another application)

133

PROVINCE OF
) S.S.
MUNICIPALITY OF
)
I, _______________________, applicant in ____________ upon being sworn,

depose and say: That a copy of the attached notice was posted on each of the
following:
1.
On a conspicuous place of the barrio of ______________.
2.
On the bulletin board of the barrio of ________________.
The said notice remained so posted on the places above-specified for a period
of six (6) consecutive weeks or thirty (30) days from __________ to _____________.
Applicant
________________
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of
_________ 19___. The affiant exhibiting his/her Residence Certificate No. ________
issued at ______________.

(Official Title)
LEASE OF PUBLIC LANDS
Bid will be received by __________________ at ____________ not later than

ten (10) O'clock A.M., on ____________, for the lease for agricultural purposes of
134
the tract of land herein below described:

Location
Description
:
:
Area
:
Appraised value of land:
Value of existing improvements:
Applied for by:
All bids must be sealed and submitted to _____________ at __________, and
plainly marked "Bid for the lease of the land covered by Lease Application No.
____________". Bids must be on forms prescribed by the _____________ and must
be accompanied with cash, money order, certified check, cashier's check and
manager's check for a sum equivalent to at least three (3) months' rental. Award will
be made to the person offering the highest annual rent, which in no case shall be less
than three per centum (3%) of the value of the land. No officer or employee of the
_____________ may act as the bidder's representative. The right is reserved to reject
any
or
all
bids.
For
further
particulars
apply
to
the
_____________________________.
The successful bidder if other than the applicant must reimburse the latter of
the expense for the publication of the notice of auction.
(For agricultural purposes)
ARRENDAMIENTO DE TERRENOS PUBLICOS

DENR-CENRO recibira ofertas en _____________ en hasta las dies (10:00)
de la manana del dia de __________ para el arrendamiento para fines agricolas de la
parcela de terreno que se describe continuacion:
135
Situacion
Descripcion
:
:
Superficie
:
Valor de tasacion :
Valor de mejoras :
Solicitado por:
Si el mejor postor no fuese el mismo solicitante aquel reembolsara a este los
gastos de publicacion del aviso de subasta __________________.
Se presentaran las ofertas en pliegos dirigidos al ___________ Buro de
Terrenos en ____________, marcando los claramente: "OFERTA pare el
arrendamiento de terrenos descrito en la solicitud de arrendamiento Num.
___________". Las ofertas deberan hacerse en formularios que la Oficina de Terrenos
prescribe pare el caso y somerterse con dinero efectivo, giro postal cheque certificado,
cheque de cajero y cheque de gererte por una suma equivalente a tres (3) meses de
renta por lo menos, segun la oferta. Se hara adjudicacion a la persona que ofrezca la
mas alta renta anual, que ningun caso sera menos del tres (3%) del valor de terreno.
Ningun funcionario de la Oficina de Torrenos podra ser designado como
representante de cualquier postor. Se reserva el derecho de rechazar todas o
cualquiera de las proposiciones. Para mas pormenores dirijanse a la Oficina de
Terrenos.
Note: Instead of Spanish, the Notice of Lease can be published in the local
dialect.
Sir:
Referring to your advertisement in the _____________ in which you call for
bids for the right to lease the land described in _____________ Application No.
_______ I have the honor to submit herewith my bid of __________________
(P______) PESOS as rental for one year, which is equivalent to/or more than 3% of
the appraised value of the land.
Enclosed herewith is ____________ (cash) _________
_______________ which is equal to the rental for 3 months.
payable
to
136
obligate myself to comply with all the requirements of law and regulations as well as
the terms and conditions under which the award is made. This bid therefore is
submitted, and it is my understanding that it will be considered, as my agreement to
accept all the terms and conditions provided for by existing laws and regulations for
the lease of public lands.
above-mentioned.
__________________
Applicant-Bidder
Note: All applicants who filed the regular lease application need not submit another
application.

PROVINCE OF
) S.S.
MUNICIPALITY OF
)
I, ____________________, applicant in ____________ upon being sworn,

depose and say: That a copy of the attached notice was posted on each of the
following:
1.
On a conspicuous place of the barangay of ______________.
137
2.
On the bulletin board of the barangay of ________________.
of six (6) consecutive weeks or thirty (30) days from ____________ to
________________.
Applicant
_________________
SUBSCRIBED AND SWORN TO BEFORE ME, this ________ day of
__________ 19_____. The affiant exhibiting his/her Residence Certificate
_____________ No. A __________ issued at _______________.

(Official Title)
LEASE OF PUBLIC LANDS

It is hereby given that the DENR-CENRO at ______________ will accept oral
or written bids not later than ten (10:00) o'clock A. M. on ___________ 19___, for
the lease of the tract of land hereinbelow described:
Location
:
Description :
Boundaries :
Area
:
Appraised ) Land:
Value of ) Proposed Improvements:
Applied for by:
138
The right to lease the land will be awarded to the person offering the highest
annual rental, which shall not be less than three percent per centum (3%) of the value
of the land plus one per centum (1%) of the value of the proposed and/or existing
improvements. In order that a person may be entitled to participate in the bidding, he
must be a qualified public land applicant, and must, before the commencement of the
same, make a deposit equivalent to at least three (3) months rental. Only deposit in
cash, money order, treasury warrant, certified check, cashier check or manager's
check can be accepted. A person bidding in representation of another may do so under
a duly executed power of attorney. During the bidding, the bidder has to make an
additional deposit every time his bid is raised, to complete the three (3) months'
rental, otherwise, such bid as raised shall not be accepted. The right is reserved to
reject any or all bids.
(For residential, commercial, industrial purposes)

:
:
:
:
:
:
:
:
x-----------------------------------x
ORDER : AWARD
From the records of this Office it appears:
____________________ for a tract of land situated in the place indicated above, for
____________________ purposes, more particularly described as follows:
139
Location
Area
Description :
Boundaries :
2. That upon investigation conducted by a representative of this Office, the
Department of Public Works and Highways, it was found that the land is suitable for
the purpose to which it will be devoted, not needed by the Government for future
public improvements and free from claims and conflicts;
3
That the appraisement of the land at ______________________ for the
whole tract of ________________________, and of the existing and/or proposed
improvement,
thereon
at
______
and
____________
respectively
___________________ having been approved by the Department of Environment
and Natural Resources, notice calling for bids for the right to lease the land was duly
advertised in accordance with law; and
4. That at the auction of the right to lease the land held on ________, the
only bid received was that of _________________ who offered an annual rental of
____________ and deposited the amount of __________ under Official Receipt No.
______________ dated ________ which is equivalent to three (3) month's rental.
It appearing that the proceedings had in connection with the
__________________________ were in accordance with law and existing
regulations, the right to lease the land covered thereby is awarded to the applicant,
____________________ at a yearly rental of _____________ to be paid annually in
advance on or before the _______ day of _______ each year during the life of this
lease at the DENR-CENRO.
The deposit of the applicant in the amount of _____________ shall be credited
as ___________ payment of the annual rental of the land, and upon full payment of
the yearly rental and survey of the land, the Contract of Lease shall be executed.
All rentals Payable under this lease shall draw interest at the rate of 4% per
annum from and after the date they become due and payable as provided herein.
140
This award shall further be subject to the provisions of the Public Land Law,
(Commonwealth Act 141, as amended) and particularly to the following conditions to
wit:
1.
The applicant shall commence the construction of the

improvements appropriate for the purpose for which the land is
leased within six (6) months from the date of receipt hereof and
shall complete the said construction within eighteen (18) months
from the said date;
2.
The land shall be subject to the easements and servitudes provided

for in Sections 109-114 of Commonwealth Act No. 141, as
amended;
3.
The land shall not be subdivided, encumbered or conveyed without

the previous consent of the Secretary of Environment and Natural
Resources;
4.
The applicant shall not permit, either by contract or otherwise, any

other person, corporation, association, or partnership to have any
interest in, or right to, the improvements now existing or that may
hereafter be introduced on the land applied for without the
previous consent of the Secretary of Environment and Natural
Resources;
5.
The applicant shall establish and provide a road right-of-way of

suitable size, which in no case shall be less than three (3) meters in
width, and location that will permit public access to the beach area
and sea waters without paying any toll to lessee; and
6.
The land leased herein shall not be used for any purpose other than
that for which said land was applied and any change in land use
shall be subject to the approval of the Housing and Land Use
Regulatory Board.
rules and regulations governing the lease of public lands will result in the revocation
of the lease, the cancellation of the application and the forfeiture to the Government
of the improvements introduced on the land.
The DENR CENRO is hereby directed to see to it that the provisions of this
141
award regarding the construction of the improvements appropriate for the purpose for
which the land leased within the period herein stipulated are complied with and to
submit a report forthwith upon notice of non-compliance.
SO ORDERED.
COPY FURNISHED:

OFFICE OF THE SECRETARY
Diliman, Quezon City
LEASE CONTRACT
(Under Chapter VI Com. Act. No. 141 as amended)
WHEREAS
and qualified to Lease public land under Commonwealth Act No. 141, as amended,
has filed with the ________________________ Foreshore Lease Application in
Philippines, herein after more particularly described;
WHEREAS, the _________________, with the authority of the Secretary of
Environment and Natural Resources first had and obtained, proceeded as required by
law with the advertisement and calling for bids for the right to lease the land applied
for; and
WHEREAS, no claim having been presented nor any objection raised to the
granting of the lease, the right to lease the land was on ___________ awarded to
142
__________________.
NOW, THEREFORE, This agreement of lease made and entered on the
_______________ day of _________________ by and between the Secretary of
Environment and Natural Resources, acting for and on behalf of the Republic of the
Philippines under the provisions of Commonwealth Act No. 141, as amended,
hereinafter known as the PARTY OF THE FIRST PART, and the said
______________________ hereinafter known as the PARTY OF THE SECOND
PART,
WITNESSETH;
FIRST. That the PARTY OF THE FIRST PART, for and the consideration
of the rents, covenants and conditions hereinafter contained, to be paid, kept and
performed by the PARTY OF THE SECOND PART, has demised, leased and let, and
does hereby demise, lease and let unto the said PARTY OF THE SECOND PART the
land, together with the appurtenances thereunto of right belonging, lying and being in
the Barangay of ___________, Municipality of ____________, Province of
_____________, Philippines, being a part of the public domain, the property of the
said Republic of the Philippines, and more particularly described on page eight (8) of
this contracts, and survey Plan No._____.
SECOND. TO HAVE AND TO HOLD the said described premises unto
the said PARTY OF THE SECOND PART for the full term of twenty five (25) years,
from and including the _______ day of __________________ 19, at a yearly rental of
(P_______) Philippine Currency, to be paid annually in advance on or before the
________ day of __________ of each and every year, during the life of this lease at
the CENRO-DENR, which lease may be renewed for another period of twenty five
(25) years at the option of the PARTY OF THE FIRST PART, and if the
circumstances of the case would so warrant. All rents payable to the PARTY OF THE
FIRST PART, under this lease shall draw interest at the rate of four per centum (4%)
per annum from and after the date they become due as provided herein.
THIRD. It is hereby understood and agreed that the appraised value of the
land for the first ten (10) years, from the ______ day of _____________, 19___, is
P________ for the whole tract of _________ square meters and the appraised value
of the improvements existing on the land and those proposed to be introduced
thereon.
Provided, however, that a new appraisal of the land and improvements shall be made
143
every ten (10) years from _______ 19___, and the annual rental after each
re-appraisal shall not be less than three per centum (3%) of the reappraised value of
the land plus one per centum (1%) of the value of the improvements; and provided,
further, that such annual rental shall not be less than P________.
FOURTH. It is hereby covenanted and agreed that the PARTY OF THE
SECOND PART shall construct on the land hereby leased permanent improvements
appropriate for ________ purposes, and that the plan of any building and other
improvements to be erected on the premises shall first be submitted to the Secretary
of Public Works and Highways for his approval, as provided in Section 66 of
Commonwealth Act No. 141, as amended, and that said PARTY OF THE SECOND
PART shall complete such construction within eighteen (18) months from the date of
the award.
FIFTH. It is specially covenanted and agreed that the said tract of land shall
be used for _______ purposes only, and should the lessee use or attempt to use the
premises or permit to them to be used for any purposes other than mentioned herein,
then, and in that event this agreement shall at once terminate, and all the right to and
interest in said lease shall be forfeited and all improvements made by the PARTY OF
THE SECOND PART on the premises shall vest in and become the property of the
Republic of the Philippines, unless the PARTY OF THE FIRST PART shall find
sufficient cause to waive the rescission and forfeiture from the violation of the
condition herein prescribed.
SIXTH. That the said PARTY OF THE SECOND PART hereby covenants
to and with the said PARTY OF THE FIRST PART to pay the rent herein agreed
upon; to said PARTY OF THE FIRST PART, his successors or duly authorized
agents, at the time and in the manner herein set forth and to pay all taxes levied on
said land and on the improvements now existing and those to be introduced on the
land during the period of this lease.
SEVENTH. That the said PARTY OF THE SECOND PART shall not
sublet the whole or any part of premises herein described of the improvements
therein, assign this lease, or encumber the right thereunder, without permission, in
writing to the Secretary of Environment and Natural Resources first had and obtained.
EIGHTH. That the PARTY OF THE SECOND PART hereby waives all
right and notice of demand for the payment of rent as provided in the Rules of Court
as well as all other periods of grace.
144
NINTH, That the PARTY OF THE SECOND PART hereby further waives
any right to any reduction of rent on account of any loss or damage suffered by reason
of extraordinary, unforeseen, fortuitous events.
TENTH. It is further covenanted and agreed that for a breach of any of the
covenants herein by the said PARTY OF THE SECOND PART save these covenants
for breach of which special provision is made, the PARTY OF THE FIRST PART
may elect to declare this agreement rescinded and void and, after having given thirty
(30) days' notice, in writing, to the said PARTY OF THE SECOND PART, may enter
and take possession of the said premises and all improvement actually existing
thereon, and the said PARTY OF THE SECOND PART hereby covenants and agrees
to give up the possession thereof.
ELEVENTH. That in case any and all structures and improvements by this
lease authorized to be constructed and made shall be let or hired for the use of the
public, the PARTY OF THE SECOND PART shall annually submit to the
Department of Finance for his approval, a tariff of any and all rates of fees desired to
be charged to, and collected from, any and all persons for the use of such structure
and improvements; and that no such rates of fees shall be charged and collected by
the PARTY OF THE SECOND PART from any person or persons whatever unless
said approval shall be so had and obtained, and it is agreed that said Department of
Finance may regulate any and such tariffs or rates of fees.
TWELFTH. That this lease is made subject to the easements of the coast
police and other easements reserved by the law of waters now in force in the
Philippines, and to the provisions of Section 41, 109, 110, 111, 112, 113, and 114 of
Commonwealth Act No. 141, as amended, and to any law or laws now existing or
which may hereafter be enacted by act of Congress and to all easement and other
rights acquired by owners of adjacent lands and those bordering upon the foreshore or
marshy lands.
THIRTEENTH. That it at any time during the existence of this lease, or any
time the lessee has obligation pending with the Government, in accordance with
Commonwealth Act No. 141, as amended, it should appear that the land leased is
necessary for the public interest, for the protection of any source of water, or for any
work for the public benefit that the Government wishes to undertake, the PARTY OF
THE FIRST PART may order the cancellation of the lease, upon payment of the
value of the improvements if any, made thereon by the lessee; Provided that in the
event that only a portion or certain portions of the land are necessary for the aforesaid
purposes, the lease may only be amended and modified by excluding the said portion
145
or portions, as the case may be, in which case, the rental shall be reduced
correspondingly;
Provided, further, that if it is shown to the satisfaction of the PARTY OF THE
FIRST PART that the exclusion of the portion or portions referred to herein, the
remaining portions cannot be used by the PARTY OF THE SECOND PART for the
purpose for which this contract is executed, the said PARTY OF THE SECOND
PART shall be reimbursed by the PARTY OF THE FIRST PART of the value of the
improvements on the land, or shall remove said improvements provided such removal
cause no damage to the land.
FOURTEENTH. That the covenants, provisions, clauses and condition of
this lease shall extend to and be binding upon, the successor or successors of the
PARTY OF THE FIRST PART, and to and upon the successor or successors,
assignee or assignees, or legal representatives of the PARTY OF-THE SECOND
PART, and they are legally bound thereby.
FIFTEENTH. It is also agreed that the lease application filed and on which
the granting of this lease is predicated, shall be considered as part of this contract and
any omission and misrepresentation in, or violation of the statements in the said lease
application shall give the right to the PARTY OF THE FIRST PART to rescind this
contract to recover the land and to forfeit all amounts already paid and the
improvements made or existing thereon.
SIXTEENTH. That this lease shall terminate and expire on the _______
day of ____________ unless sooner terminated under the provisions thereof, and that
no presumption of renewal or continuance beyond that day can arise, the PARTY OF
THE SECOND PART hereby waiving all rights in this respect conferred by Article
1670 of the Civil Code.
SEVENTEENTH. That upon the termination of this lease or of any
extension hereof, all the improvements made by the PARTY OF THE SECOND
PART, its heirs, successors or assignee, shall vest in and become the property of the
Republic of the Philippines, except when the termination is due to any of the causes
enumerated in paragraph 13 of this contract.
THIRTEENTH. A It shall be the obligation of the lessee to guarantee and provide the
general public free access to, and full use and enjoyment of, the
beach and nearby coastal water, either in the pursuit of the
inhabitants lawful occupation or their recreational needs. For this
146
purpose, the lessee shall establish and provide a road right-of-way

of suitable size, which in no case shall be less than three meters in
width, and location that will permit the public access to the beach
area and sea waters without paying any toll to the _______. Failure
or refusal to comply with this condition shall be valid ground for
rejection of application or revocation of the lease award or
contract;
THIRTEENTH. B That when the national interest so requires, the President of the
Philippines may review, amend, modify, revise, rescind or revoke
this lease contract or any condition or provision therein.
THIRTEENTH. C That, upon recommendation of the Secretary of Environment and
Natural Resources, the President may, pending the conduct of
appropriate hearing, summarily suspend and order the cessation of
all activities and operations under this lease contract for violation
of any of the conditions or provisions therein or of any condition
prescribed in duly issued rules and regulations of the Department
of Environment and Natural Resources.
THIRTEENTH. D That the land herein leased shall not be used for any purpose other
than that for which the same was applied and any change in land
use shall be subject to the approval of the Human Settlements
Regulatory Commission.
THIRTEENTH. E That in case that said PARTY OF THE SECOND PART shall
sublet the whole or any part of the improvements on the land, the
Government shall be entitled to a share of fifty per centum (50%)
of the sublease rental in excess of 10% of the assessed value of the
improvements subleased shall be divided equally between the
government and the lessee.
EIGHTEENTH. In addition to the foregoing, this lease shall be subject to
the other provisions of Commonwealth Act No. 141, as amended.
IN WITNESS WHEREOF, the said parties have hereunto set their hands.
For and in behalf of the

147
PARTY OF THE FIRST PART

_________________________
PARTY OF THE SECOND PART
SIGNED IN THE PRESENCE OF:

___________________________
___________________________
___________________________
___________________________

S.S.
CITY OF MANILA
)
On this ____ day of ___________, before me ______________ personally

appeared _______________________________ Secretary of Environment and
Natural Resources, with Residence Certificate No. ______________ issued at
_________ on _________ 19______, to me known to be the same person who signed
the foregoing document and acknowledged to me that on behalf of the Republic of the
Philippines he executed the same as his free and voluntary act.
The within contract, conveying one (1) parcel of land, and consisting of eight
(8) pages, including those on which this acknowledgment and the technical
description of the land are written, has been signed by him and his two (2) witnesses
on the left margin of each and every page thereof.
Each and every page of the contract is sealed with my notarial seal.
NOTARY PUBLIC
My Commission expires on
___________, 19____
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
148
Series of 19_________.
S.S.
CITY OF MANILA
)
On this ________ day of ____________________ 19____, before me

personally appeared _________________________________ with Residence
Certificate No. ___________ issued at _______ on ______ 19___, to me known to be
the same person who signed the foregoing document and acknowledged to me that he
executed the same as his free and voluntary act and of the entity he represents.
The within contract, conveying one (1) parcel of land, and consisting of eight
(8) pages, including those on which this acknowledgment and the technical
description of the land are written, has been signed by him and his two (2) witnesses
on the left margin of each and every page thereof.
Each and every page of the contract is sealed with my notarial seal.
NOTARY PUBLIC
My Commission expires on
___________, 19____
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
Series of 19_________.
Technical Description
149
DENR ADMINISTRATIVE ORDER NO. 66-90

SUBJECT :
Prescribing Guidelines in the Inventory of Alienable or

Disposable (A or D) Lands
Pursuant to Executive Order No. 192 and for the guidance and compliance of
all concerned, the following guidelines are hereby prescribed in the inventory of
Alienable or Disposable (A or D) lands of the public domain:
A.
Definition of Alienable and Disposable Lands

Alienable or Disposable Lands refer to those lands of the
public domain which have been subject of the present system of
land classification and declared as not needed for forest purposes.
B.
Source Documents
1.
2.
C.
To determine the land disposition status, survey status and land use
for every municipality, the CENRO concerned shall insure that the
following reference and source documents/materials are adequately
collected and compiled in its Records and Surveys Section:
1.1
Patented/Subsisting Public Land Applications (PLAs);
1.2
Survey Returns;
1.3
Projection/Cadastral Maps;
1.4
Land Data Record Sheets generated from the investigation

reports; and
1.5
Land Classification Maps.
Data on titled lands shall be gathered from the Register of Deeds

concerned.
Operating Procedures
1.
Preparation of Land Information Register

1.1.
A Municipal/City Land Information Register shall be

prepared for each municipality in accordance with LOC 131
150
hereto attached and marked as IAD Form No. 1.

1.2
The duplicate copy of the IAD Form No. 1 shall be

forwarded to the PENRO to serve as a document in the
preparation of the Provincial Land Information Register
using the herein prescribed format and marked as IAD Form
No. 2.
1.3
The Provincial Information Register shall consist of the

following:
1.3.1 Name of municipalities and cities alphabetically listed
within the province;
1.3.2 Number of surveyed lots within the municipality and its
aggregate area;
1.3.3 Number of lots covered by title or patent (Judicial or
administrative) and its aggregate area; and
1.3.4 Land uses segregated into the following major categories:
1.3.4.1Agricultural
1.3.4.2Residential
1.3.4.3Commercial/Industrial
1.4
2.
The Provincial Land Information Register shall be

forwarded to the Regional Office and shall be submitted to
the Lands Management Bureau (LMB).
Preparation of Provincial Map

2.1
A Provincial Survey Status Map shall be prepared by the

Regional Office to illustrate the surveyed portion of A or D
parcel in a given province.
2.2
A Provincial Land Disposition Status Map Overlay shall be

prepared to show the surveyed portion covered by
title/patent.
2.3
A Provincial Land Use Map Overlay shall be prepared to

illustrate the land use pattern.
151
3.
2.4
The Provincial Survey Status Map (and its corresponding

thematic map overlays), the Provincial Land Disposition
and Land Use Maps shall be drawn in duplicate on stable
base drafting film with specification similar to those
prescribed for Provincial Base Map.
2.5
The duplicate copies of the maps stated in item (2.4) shall

be submitted to the Lands Management Bureau.
Updating and Maintenance

3.1
The updating and maintenance of the Land Information

Registers, Maps and Overlays shall be done on a quarterly
basis.
D.
In view thereof, the LMB Director, Regional Executive Directors (REDs) and
all concerned officials of the Department are hereby directed to oversee the full
implementation of the above-prescribed guidelines.
E.
This Order takes effect immediately.
FULGENCIO FACTORAN, JR.

Secretary
LANDS MANAGEMENT BUREAU
Manila
May 24, 1991
ADMINISTRATIVE ORDER NO. 29-91

SUBJECT :
Guidelines in the Inventory and Sketching of Foreshore Areas
In pursuance of government policy to tap all resources that can generate

152
income necessary to carry out the developmental programs and in order to rationalize
and regulate the use and occupancy of public lands, particularly foreshore areas, the
following instructions are hereby issued for the guidance of all concerned.
A.
Definition of "Foreshore Lands"

Foreshore lands shall refer to that part of the shore which is
alternately Covered and uncovered by the ebb flow of the tide.
B.
Scope
This Circular covers all foreshore lands. All mangrove areas
are however, excluded from the coverage of this Order.
C.
Inventory Procedures
1.
For the purpose of gathering necessary information on foreshore

areas, a Foreshore Land Data Record Sheet (FLDRS) is herewith
devised and marked as Form I.
2.
In filling up the Foreshore Land Data Record Sheet (FLDRS), the

following shall be observed:
2.1
Use one (1) questionnaire for every lot.
2.2
All Blanks must be answered. If a particular information

cannot be secured indicate "Not Available", "None", or
"Not Applicable" as the case may be.
2.3
Land Description:
2.4
a.
Area of the land shall be in square meters.
b.
Urban Code for the Region, Province, Municipality and

Barangay should be obtained and indicated in the space
provided for. (Ref. MAR/NCC)
Occupant/Claimant/Applicant:
Under "Nature of Occupancy" check one of the
identifying items depending on the information gathered.
2.5
Status of application shall be gathered if there is subsisting
153
foreshore lease application.

2.6
Land Use:
This refers to the actual use of foreshore land. Indicate the
nature, Name Land user and the approximate area in meters.
(Reference: LOC No. 9 dated July 1976)
2.7
Improvements:
2.7.1 Extent of the area developed/improved by the
occupant/claimant shall be in terms of percentage or
square meters in relation to the total area.
2.7.2 Assessed Value of the land and improvement shall be
generated from the tax declaration.
2.8
Remarks
Comment, recommendation and any additional relevant
information.
3.
All Foreshore Land Data Record Sheet (FLDRS) shall be

consolidated and retained by the CENR Office concerned.
4.
Foreshore Land Information Report (FLIR) herein prescribed shall

be accomplished by the following Offices (Marked as "Form 2").
5.
4.1
The CENRO shall prepare FLIR for every municipality to

be submitted to the PENR Office concerned.
4.2
PENRO shall consolidate CENRO's report and shall prepare

FLIR for every province submitted to the Regional Office
concerned.
4.3
Regional Office shall consolidate PENRO's report and shall

prepare FLIR for every province to be submitted to Lands
Management Bureau.
To further ensure adequate maintenance of the FLIR, a statistical

unit shall be formed in each CENRO, PENRO and Regional Office
to be charged with the responsibilities of preparing, maintaining,
154
storing and updating the FLIR.

6.
D.
Every Regional Office shall create a data base system using the
DBase III plus or Lotus.
Survey and Mapping Procedures:

1.
Foreshore areas in previously cadastrally surveyed towns or not yet

subjected to cadastre.
1.1
The survey and mapping of the foreshore area shall be done

using transit and stadia, plane table and alidade
Tachimeters, or transit tapes; the areas to be computed by
scale. Topo and photo maps or enlarged rectified aerial
photographs may be used as guide in determining
delimitation of foreshore lands before the actual mapping.
1.2
The survey shall be plotted on a map size, 54 cm x 54 cm,

drafting film of stable base material 0.003", 15 second
quadrant with a scale of 1:1000 M.
1.3
The geographic position of the area shall be derived

graphically from topographic maps or regional projection
maps or cadastral maps.
1.4
NAMRIA data, maps, and inventory should be used as

reference in this inventory.
1.5
The individual occupancies shall be assigned lot numbers

consecutively starting from one (1) in every municipality
showing the corresponding claimant and areas, and
including areas covered by previously approved surveys. In
case of small lots where the information required cannot be
written for limited space the lot claimants and areas should
be tabulated in the left hand corner of the map.
1.6
Names of claimants of adjoining lots and natural features

such as creeks, rivers and roads should be indicated on the
maps.
1.7
The maps shall be prepared co-extensive with the
155
municipality in as many sheets numbered consecutively.

1.8
The survey symbol to be used shall be Foreshore Land

Delimitation (FLD) and the system of numbering shall be in
accordance with the Philippine Standard Geographic Code
of the NEDA.
EXAMPLES:
Fld - 090703
09 - Region Western Mindanao (Regional
indicator)
07 - Basilan Province (Provincial indicator)
03 - Municipality Lantawan (Municipal
indicator)
E.
All concerned Officials of the Department are hereby enjoined to see to it that
this order is complied with.
F.
All orders and other issuances that are inconsistent herewith are hereby
revoked or modified accordingly.
G.
This Order shall take effect immediately.
VICTOR O. RAMOS
Acting Secretary
FLDRS FORM NO. 1
Region _________________
PENRO/CENRO __________
FORESHORE LAND DATA RECORD SHEET
I.
Land Description:
Survey/Sketch No. _________ Lot No. ________ Area ________ Sq.M.
Location: Province ________ Municipality ________ Barangay ______
156
II.
Claimant/Applicant:
Name of Claimant/Applicant
Nature of Occupancy
___________________________
______ 1. Permit
Name of Other Claimant/Applicant
______ 2. Lease Contract
___________________________
______ 3. Purchase
______ 4. Simple Claim
III. Status of Application:

1.
2.
3.
4.
5.
6.
7.
Foreshore Lease Application No. _________ (E-__________

Date of Filing _______________________ 19_____
Date of Award _______________________ 19_____
Annual Rental _________ Date of Last Payment ___________
Term of Lease Contract ________________ 19_____
Expiration Date of Lease Contract ________ 19_____
Cancellation/rejection of application _____________
VI. Land Use: Reference: LOC No. 9 dated July 1976
V.
Nature of Land Use
Area in Square Meter
________________
________________
________________
________________
________________
________________
Name of User
________________
________________
________________
Improvements:
Kind _______________________________ Area ___________ Sq. M.
(Fences, dikes, barns, buildings and other structures)
Date introduced: _________________________
Owners: Check
_____ 1. Corporation
_____ 4. Lessee
_____ 2. Sub-lessee
_____ 5. Tenant
_____ 3. Government
_____ 6. Others (Specify)
157
Assessed Value:
Land ______________________________________________
Improvement ________________________________________
VI. Remarks:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Inventoried By:
Verified By:
_________________________
__________________________
(CENRO)
LAND USES
CODE
NATURE OF LAND USE
CODE
Agricultural Units Lands

101
Lands intensively for rice-planting irrigated
NATURE OF LAND USE

Industrial or Commercial Lands
201
Light Commercial establishments like sari-sari store

front houses; commercial strip along highways;
junkyard resorts
102
Lands used intensively for rice-planting
202
rainfed or unirrigated
Heavy commercial establishment like centrally

located commercial houses; shopping centers;
business offices
103
Upland utilized for upland rice, corn, beans,

vegetables, sorghum, etc.
104
Cornland
203
Light industrial establishments like textile mills
105
Coconut plantation
205
Extractive industry sand and gravel pits,
106
Sugarcane plantation
107
Banana plantation
108
Pineapple plantation
109
Rubber plantation
301
Single family dwelling units
110
Abaca plantation
302
Multi-family dwelling units
strip-mining quarries
Residential Lands
158
111
Ramie/kenaf plantation
112
Tobacco plantation
113
Vegetable plantation
Timber or Forest Lands

401
Natural forest stand, at least 50% stacked with

deciduous or coniferous trees over 50 years of age
and in excess of 10 meters in height
114
Other fruit production land
115
Orchards, vineyards, groves, Horticultural crops,
402
Aquatic lands commercial fishponds, saltbeds,
Forest brushland with an excess of 10% brush cover

(_____ Type)
moss production land

117
Coffee plantation
403
Rivering trees ____ land include natural _____
118
119
Citrus plantation
Root Crops
404
Artificially stocked forest land of any species, class
or
size
120
Cogonal or underbrush lands
500
Resettlement lands
121
Mangrove, swamps
600
Mineral lands
122
Livestock or poultry farms
700
Grazing lands
Idle lands or areas of cleared lands which are in

transition from one land use activity to another; or
areas characterized by the lack of any signature or
identifiable land use.
Lands used for Public or Quasi-Public Purposes
Lands Used for Communication Purposes
811
Educational or Cultural Institution
821
Airport
812
Religious institutions
822
Railway station
813
Health facilities, hospitals, puericulture centers,
823
Piers or boat landing points
laboratories
824
Microwave station
814
Cemeteries, Memorial Parks
825
Electric Power Stations
815
Military bases
816
Correctional Institutions
817
Irrigation facilities reservoirs, dikes, watershed, 832
Land Used for Outdoor Recreation

831
Public parks, zoos, botanical gardens

Track and field stadia
lands used for flood control

818
Areas for reservation of public values such as
833
Golf courses
834
Beaches, resorts, spas
historical sites, antrophological areas
MEMORANDUM
159
TO
All Concerned
FROM
Chairman, Coastal Resources Management Committee

(CRMC)
DATE
30 May 1991
SUBJECT :
Addendum to DENR Administrative order No. 29-91 Entitled

"Guidelines on the Inventory and Sketching of Foreshore
Areas."
REMARKS:
In addition to the annex prescribed in the aforestated
administrative order (i.e., Foreshore Land Data Record Sheet), the
forms on the following are hereby appended to the said Order for
the information and guidance of all concerned (please see attached
documents), to wit:
1.
Foreshore Land Information Record (FLIR No. 3); and
2.
Land uses
RICARDO M. UMALI
The _______________
__________________
Sir:
Referring to your advertisement in the bids for the right to lease the land
described in Application No. _________ I have the honor to submit herewith my bid
of (P______) PESOS as rental for one year, which is equivalent to/or more than 3%
of the appraised value of the land.
160
Enclosed herewith is (cash, postal money order or certified check payable to

the Director of Lands) No. in the sum of (________) which is equal to the rental for 3
months.
obligate myself to comply with all the requirements of law and regulations as well as
terms and conditions under which the award is made. This bid therefore is submitted,
and it is my understanding that it will be considered, as my agreement to accept all
the terms and conditions provided for by existing laws and regulations for the lease of
public lands.
above-mentioned.
__________________
Applicant/Bidder
Post Office Address
___________________
___________________
(Note: All applicants who have filed the regular lease application need not
submit another application.)

PROVINCE OF
) S.S
MUNICIPALITY OF
)
I, ___________________, applicant in _____________________ upon being

sworn, depose and say: That a copy of the attached notice was posted on each of the
following:
161
1.
On a conspicuous place of the barrio of _____________.
2.
On the bulletin board of the barrio of _______________.
of six (6) consecutive weeks or thirty (30) days from ___________ to ____________.
Applicant
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of 19___.

The affiant exhibiting his/her Residence Certificate No. __________ issued at
_____________.

(Official Title)
CHAPTER 6
Other Operating Procedures
6.1 Reconstitution of patent (post-war)
Figure 6. Reconstitution of patent (post-war)

SUBJECT:
162
Sir:
In order that patent may be reconstituted/re-issued on the above-noted
application, it is desired that you comply with the requirements herein below
indicated by crossmark:
___ 1. Reconstitute the records of the application from papers available in your Office
and from the papers in the possession of the applicant. Efforts should be
exerted to furnish the Central Office with the duplicate original of the: (a)
Application; (b) Preliminary Report; (c) Order: Approval of Application; (d)
Documents of transfer, if the land has been a subject of conveyance; (e) Order:
Issuance of Patent; (f) Final Report; (g) Approval of Transfer; (h) Decision, if
the land was the subject of a conflict of claim; (i) letter transmitting patent to
the Register of Deeds. Attention, in this connection, is invited to the
Memorandum Circular of the Director of Lands dated April 29, 1952,
regarding the reconstitution of patent (copies received by that Office or by the
applicant in due course of business).
___ 2. Required the application to submit an affidavit stating whether or not he has
already received his patent (Certificate of Title); whether he is in exclusive and
actual possession of the land; whether he has sold, transferred, encumbered,
mortgaged or alienated the land in any manner; and whether the land is free
from claims and conflicts.
___ 3. Secure from the Register of Deeds concerned a certification as to whether or
not a certificate or title has already been issued for the land.
___ 4. Conduct confirmatory final investigation of the land.
___ 5. Require the applicant to pay P______ corresponding to fee.
___ 6. Require the applicant to file his ______ application anew for records and
reference purposes.
Preferential attention hereto is desired.
Very truly yours,

163
For:
Chief,
6.2 Re-issuance of patents (pre-war)

Figure 7. Re-issuance of patents (pre-war)
6.3 Reservations
All requests for reservations should be filed with the CENRO.
6.3.1.
CENRO
1.
For investigation, report, comment, and recommendation.
2.
Coordinate with other offices/agencies concerned like the:

Provincial Health Officer as to the suitability of the area
proposed to be reserved.
District Engineer as to whether or not the land is intended for
other future public purposes.
Division Superintendent of Schools as to the urgency and/or
availability of funds to underwrite the project (in case of a school
site reservation).
Requests are to be coursed thru their respective regional offices.
164
3.
Conduct survey, if the land sought to be reserved is not yet

surveyed, and to prepare the technical descriptions and plan.
4.
Submit the corresponding report of investigation, technical

descriptions and plan, and other pertinent papers to the PENRO.
6.3.2.
PENRO
1.
Review
pertinent
recommendations.
2.
Verify technical descriptions and/or plan.
3.
Submit all pertinent papers to the RTD/RED.
6.3.3.
papers
and
give
comments
RTD/RED
1.
Final evaluation, review, comments, and recommendations.
2.
Approve plan and technical descriptions.
3.
Forward pertinent papers to CENRO for further instruction.
6.3.4.
and
CENRO
Refer pertinent papers, approved plan and technical descriptions to
LMB for comment and recommendation.
6.3.5.
LMB
1.
Validation of technical descriptions.
2.
Proper styling and final revision/drafting of proclamation.
3.
Return pertinent papers, approved plan and technical descriptions

duly validated, comment and recommendation, and final draft of
proclamation to the CENRO for consideration and approval; and
finally forward to the Office of the President for signature.
Figure 8. Flowchart of Reservations.
165
6.4 Application to purchase friar lands

Figure 9. Processing applications to purchase friar lands.
CHAPTER 7
Pertinent Policies, Guidelines, Circulars, Orders, and Memoranda
7.1 Introduction
The classification and disposition of public lands under the purview of the
Constitution is primarily governed by the Public Land Act (Commonwealth Act. No.
141, as amended). It classifies lands of the public domain into alienable or disposable,
timber, and mineral lands. The 1987 Constitution, however, classifies lands of the
public domain into agricultural lands that are subject to alienation/disposition.
Agricultural lands may be disposed of under the provisions of Chapter IV
(Homestead), Chapter VII (Free Patent) and Chapter V (Sales-Agricultural) of the
Public Land Act (CA No. 141, as amended). Free Patent may also be acquired under
the provisions of Republic Act Nos. 782 and 3872, Presidential Decree No. 1073, and
Republic Act 6940. Under CA No. 141, as amended, RA 782, RA 3872, and PD
1073, the applicant must not be the owner of more than 24 hectares of land. However,
under RA 6940 and the New Constitution, the applicant must not be the owner of
more than 12 hectares.
RA 730 was enacted to ease qualified applicants to acquire residential land
without public auction.
In order to cope up with the demands of development and to resolve problems
resulting from land conflicts and land titling anomalies, republic acts and presidential
decrees have been passed.
Presidential Decree No. 27 was issued to emancipate the tenants from the
bondage of soil. Corollary to this decree is PD 152 which prohibits the employment
166
of share tenants to comply with the requirements of law regarding entry, occupation,
improvement, and cultivation of public land acquired under homestead and sales.
Congress passed the CARP LAW or RA 6657 that established a comprehensive
agrarian reform program and provided the mechanism for its implementation to
promote social justice and industrialization. Under this Act, an applicant is allowed to
a homestead entry of only 5 hectares of land. If vested rights have accrued in his
favor, the applicant is allowed to acquire the whole area applied for pursuant to
DENR Memorandum Circular No. 22 dated November 20, 1989. PD 1517 popularly
known as the Urban Land Reform liberates our human communities from congestion
and hazard. It calls for the maintenance and support of a vigorous private enterprise
system that is responsive to community requirements in the use and development of
urban lands. Specific functions of staff bureaus and field offices under the DENR are
delineated under Administrative Order No. 38 series of 1990.
Some presidential decrees are intended to maximize the use of virgin lands for
rice and corn crops. PD 763 allows juridical entities to acquire lands originally
granted under the homestead, free patent, or individual sale provisions of the Public
land Act for commercial and industrial purposes. PD 399 regulates the use of a strip
of 1,000 meters of land along existing or proposed highways.
The Department of Environment and Natural Resources (DENR) has adopted
measures to ensure that every conversion of agricultural land to non-agricultural use
is ecologically sound. The new regulations on the issuance of an Environmental
Compliance Certificate (ECC) and Environmental Clearance (EC) under
Administrative Order No. 8 provide that prime and non-prime agricultural land may
be converted to non-agricultural land uses after being declared as environmentally
critical under Proclamation 2148. Non-prime agricultural lands are lands that have
ceased to be economically feasible and sound for agricultural purposes. Included are
lands in localities that have become highly urbanized and have a greater economic
value for residential, commercial, or industrial purposes and lands classified as
commercial, industrial, and residential in new revised town plans approved by the
Housing and Land Use Regulatory Board (HLURB) and concurred in by the
inter-agency planning task forces.
When the dominant use of the area surrounding the land being sought for
conversion is no longer agricultural, as in the City or Municipality which does not
have land use plans and integrated zoning ordinance duly approved by the Housing
and Land Use Regulatory Board (HLURB). Applications for land conversion
covering areas classified as prime agricultural lands above five hectares are to be
167
processed at the Environmental Management Bureau of the DENR.

All kinds of reservations according to use like the civil, military, townsite,
non-Christian, mineral, and forest reservations are governed by laws under Chapter
XI, Chapter XII, Sections 83 and 84 of the Public Land Act as amended and Section
64-B and 64-E of the Records Administrative Code when the Lands Management
Bureau investigate the area to ascertain the status of the land and need for the
reservation. Upon submission of the investigation report and validation of approved
plan and technical descriptions of the proposed area, the Lands Management Bureau
prepares draft of the Proclamation and forwards to the Secretary of Environment and
Natural Resources for consideration, and finally to the Office of the President for
signature and approval.
To minimize land frauds, PD 892 provided for the discontinuance of the
Spanish Mortgage System of land registration and the use of Spanish land title as
evidence in land registration proceedings. To minimize land speculation by way of
selling lands acquired under the Public Land Act to the government at exorbitant
prices for its public work projects, PD 735 requires owners of real estate acquired
under the said Act to set aside 60 meters as right of way for public work projects. PD
957 regulates the sale of subdivision lots and condominiums and imposes penalties on
fraudulent practices and manipulations committed in connection therewith.
The Promulgation of LOI 1258 studies/investigates reservations of lands not
being utilized for the purpose or purposes for which the same have been opened to
disposition under the provisions of the Public Land Act. In preparing for the
implementation of these reforms, the DENR faces an awesome task. Thus, it has to
redirect its effort from land disposition to rational utilization and management of land.
7.2 Public Land Act (Commonwealth Act No. 141, as amended)
AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO
LANDS OF THE PUBLIC DOMAIN
TITLE I
Title and Application of the Act, Lands to which it refers, and Classification,
Delimitation, and Survey Thereof for Concession.
CHAPTER I
Short Title of the Act, Lands to which it Applies, and Officers Charged with its
168
Execution
SECTION 1.
The short title of this Act shall be "The Public Land Act."
SECTION 2.
The provisions of this Act shall apply to the lands of the
public domain, but timber and mineral lands shall be governed by special laws and
nothing in this Act provided shall be understood or construed to change or modify the
administration and disposition of the lands commonly called "'friar lands" and those
which, being privately owned, have reverted to or become the property of the
Republic of the Philippines, which administration and disposition shall be governed
by the laws at present in force or which may hereafter be enacted.
SECTION 3.
The Secretary of Agriculture and Natural Resources shall be
the executive officer charged with carrying out the provisions of this Act through the
Director of Lands, who shall act under his immediate control.
SECTION 4.
Subject to said control, the Director of Lands shall have
direct executive control of the survey, classification, lease, sale or any other form of
concession or disposition and management of the lands of the public domain, and his
decisions as to questions of facts shall be conclusive when approved by the Secretary
of Agriculture and Natural Resources.
SECTION 5.
The Director of Lands, with the approval of the Secretary of
Agriculture and Natural Resources, shall prepare and issue such forms, instructions,
rules and regulations consistent with this Act, as may be necessary and proper to carry
into effect the provisions thereof and for the conduct of proceeding arising under such
provisions.
CHAPTER II
Classification, Delimitation, and Survey of Lands of the Public Domain, for the
Concession Thereof
SECTION 6.
The President, upon recommendation of the Secretary of
Agriculture and Natural Resources, shall from time to time classify the lands of the
public domain into
(a) Alienable or disposable,
(b) Timber, and
169
(c) Mineral lands

and may at any time in a like manner transfer such lands from one class to another,
for the purposes of their administration and disposition.
SECTION 7.
For the purpose of the administration and disposition of
alienable or disposable public lands, the President, upon recommendation by the
Secretary of Agriculture and Natural Resources, shall from time to time declare what
lands are open to disposition or concession under this Act.
SECTION 8.
Only those lands shall be declared open to disposition or
concession which have been officially delimited and classified and, when practicable,
surveyed, and which have not been reserved for public or quasi-public uses, not
appropriated by the Government, nor in any manner become private property, nor
those on which a private right authorized and recognized by this Act or any other
valid law may be claimed, or which have been reserved or which have been reserved
or appropriated, have ceased to be so. However, the President may, for reasons of
public interest, declare lands of the public domain open to disposition before the same
have had their boundaries established or been surveyed, or may, for the same reason,
suspend their concession or disposition until they are again declared open to
concession or disposition by proclamation duly published or by Act of Congress.
SECTION 9.
For the purpose of their administration or disposition, the
lands of the public domain alienable or open to disposition shall be classified,
according to the use or purposes to which such lands are destined as follows:
(a)
(b)
(c)
(d)
Agricultural;
Residential, commercial, industrial, or for similar productive
purposes;
Educational, charitable, or other similar purposes; and
Reservations for townsites and for public and quasi-public uses.
The President, upon recommendation by the Secretary of Agriculture and

Natural Resources, shall from time to time make the classifications provided for in
this Section, and may, at any time and in a similar manner, transfer lands from one
class to another.
SECTION 10.
The words "alienation," "disposition," or "concession" as
used in this Act, shall mean any of the methods authorized by this Act for the
acquisition, lease, use or benefit of the lands of the public domain other than timber or
mineral lands.
170
TITLE II
Agricultural Public Lands
CHAPTER III
Forms of Concession of Agricultural Lands
SECTION 11.
Public lands suitable for agricultural purposes can be
disposed of only as follows:
(1)
(2)
(3)
(4)
For homestead settlement;

By sale;
By lease; and
By confirmation of imperfect or incomplete titles;
(a)
(b)
By judicial legalization
By administrative legalization (free patent)
CHAPTER IV
Homesteads
SECTION 12.
Any citizen of the Philippines over the age of eighteen
years, or the head of a family, who does not own more than twenty-four hectares of
lands in the Philippines or has not had the benefit of any gratuitous allotment of more
than twenty-four hectares since the occupation of the Philippines by the United States,
may enter a homestead of not exceeding twenty-four hectares of agricultural lands of
the public domain.
SECTION 13.
Upon the filing of an application for a homestead, the
Director of Lands, if he finds that the application should be approved, shall do so and
authorize the applicant to take possession of the land upon the payment of Five pesos,
Philippine currency, as entry fee. Within six months from and after the date of the
approval of the application, the applicant shall begin to work on the homestead,
otherwise he shall lose his prior right to the land.
SECTION 14.
No certificate shall be given or patent issued for the land
applied for until at least one-fifth of the land has been improved and cultivated. The
period within which the land shall be cultivated shall not be less than one or more
than five years from and after the date of the approval of the application. The
171
applicant shall within the said period, notify the Director of Lands as soon as he is
ready to acquire the title. If at the date of such notice, the applicant shall prove to the
satisfaction of the Director of Lands, that he has resided continuously for at least one
year in the municipality in which the land is located, or in municipality adjacent to the
same, and has cultivated at least one-fifth of the land continuously since the approval
encumbered, and that he shall make affidavit that no part of said land has been
alienated or encumbered, and that he has complied with all the requirements of this
Act, then upon payment of P5.00 as final fee, he shall be entitled to a patent.
SECTION 15.
At the option of the applicant, payment of the fees required
in this chapter may be made to the municipal treasurer of the locality, who, in turn,
shall forward them to the provincial treasurer. In case of delinquency of the applicant,
the Director of Lands may, sixty days after such delinquency has occurred, either
cancel the application or grant an extension of time not to exceed one hundred and
twenty days for the payment of the sum due.
SECTION 16.
If at any time before the expiration of the period allowed by
law for the making of final proof, it shall be proven to the satisfaction of the Director
of Lands, after due notice to the homesteader, that the land entered is under the law
not subject to homestead entry, or that the homesteader has actually changed his
residence, or voluntarily abandoned the land for more than six months at any one time
during the years of residence and occupation herein required, or has otherwise failed
to comply with the requirements of this Act, the Director of Lands may cancel the
entry.
SECTION 17.
Before final proof shall be submitted by any person
claiming to have complied with the provisions of this chapter, due notice, as
prescribed by the Secretary of Agriculture and Natural Resources, shall be given to
the public of his intention to make such proof, stating therein the name and address of
the homesteader, the description of the land, with its boundaries and area, the names
of the witnesses by whom it is expected that the necessary facts will be established
and time and place at which, and the name of the officer before whom such proof will
be made.
SECTION 18.
In case the homesteader shall suffer from mental alienation,
or shall for any other reason be incapacitated from exercising his rights personally,
the person legally representing him may offer and submit the final proof on behalf of
such incapacitated person.
SECTION 19.
Not more than one homestead entry shall be allowed to any
172
one person, and no person to whom a homestead patent has been issued by virtue of
the provisions of this Act regardless of the area of his original homestead, may again
acquire a homestead; Provided, however, that any previous homesteader who has
been issued a patent for less than twenty-four hectares and otherwise qualified to
make a homestead entry, may be allowed another homestead which, together with his
previous homestead shall not exceed an area of twenty-four hectares. (As amended by
Com. Act No. 456).
SECTION 20.
If at any time after the approval of the application and
before the patent is issued, the applicant shall prove to the satisfaction of the Director
of Lands that he has complied with all the requirements of the law, but cannot
continue with him homestead, through no fault of his own, and there is a bonafide
purchaser for the rights and improvements of the applicant on the land, and that the
conveyance is not made for purposes of speculation, then the applicant, with the
previous approval of the Director of Lands, may transfer his rights to the land and
improvements to any person legally qualified to apply for a homestead, and
immediately after such transfer, the purchaser shall file a homestead application to the
land so acquired and shall succeed the original homesteader in his rights and
obligations beginning with the date of the approval of said application of the
purchaser. Any person who has so transferred his rights may not again apply for a
new homestead. Every transfer made without the previous approval of the Director of
Lands shall be null and void and shall result in the cancellation of the entry and the
refusal of the patent. (As amended by Commonwealth Act No. 456 and Republic Act
No. 1242, approved June 10, 1955).
SECTION 21.
Any non-Christian Filipino who has not applied for a
homestead, desiring to live upon or occupy land on any of the reservations set aside
for the so-called "non-Christian tribes" may request a permit of occupation for any
tract of land of the public domain reserved for said non-Christian tribes under this
Act, the area of which shall not exceed four hectares. It shall be an essential condition
that the applicant for the permit cultivate and improve the land, and if such cultivation
has not been begun within six months from and after the date on which the permit
was received, the permit shall be cancelled. The permit shall be for a term of one year.
If at the expiration of this term or at any time prior thereto, the holder of the permit
shall apply for a homestead under the provisions of this chapter, including the portion
for which a permit was granted to him, he shall have the priority, otherwise, the land
shall be again open to disposition at the expiration of the permit.
For each permit, the sum of one peso shall be paid.
173
CHAPTER V
Sale
SECTION 22.
Any citizen of lawful age of the Philippines, and any such
citizen not of lawful age who is a head of a family, and any corporation or association
of which at least sixty per centum of the capital stock or of any interest in said capital
stock belongs wholly to citizens of the Philippines, and which is organized and
constituted under the laws of the Philippines, and corporate bodies organized in the
Philippines authorized under their charters to do so, may purchase any tract of public
agricultural land disposable under this Act, not to exceed one hundred and forty-four
hectares in the case of an individual and one thousand and twenty-four hectares in
that of a corporation or association, by proceedings as prescribed in this Chapter,
provided that partnership shall be entitled to purchase not to exceed one hundred and
forty-four hectares for each member thereof, but the total area so purchased shall in
no case exceed the one thousand twenty-four hectares authorized in this section for
associations and corporations.
SECTION 23.
No person, corporation, association, or partnership other
than those mentioned in the last preceding section may acquire or own agricultural
public land or land of any other denomination or classification, which is at the time or
was originally, really or preemptively, of the public domain, or any permanent
improvements thereon, or any real right on such land and improvement: Provided,
however, That persons, corporations, associations or partnerships which, at the date
upon which the Philippine constitution took effect, held agricultural public lands or
land of any other denomination, that belonged originally, really or preemptively, to
the public domain, or permanent improvements on such lands, or a real right upon
such lands and improvements, having acquired the same under the laws and
regulations in force at the date of such acquisition shall be authorized to continue
holding the same as if such persons, corporations, associations or partnerships were
qualified under the last preceding section, but they shall not encumber, convey, or
alienate the same to persons, corporations, associations, or partnerships not included
in section twenty-two of this Act, except by reason of hereditary succession, duly
legalized and acknowledged by competent courts.
SECTION 24.
Lands sold under the provisions of this chapter must be
appraised in accordance with section one hundred and sixteen of this Act. The
Director of Lands shall announce the sale thereof by publishing the proper notice
once a week for six consecutive weeks in the Official Gazette and in two newspapers
one published in Manila and the other published in the municipality or in the province
174
where the lands are located, or in a neighboring province, and the same notice shall be
posted on the bulletin board of the Bureau of Lands in Manila, and in the most
conspicuous place in the provincial building and the municipal building of the
province and municipality, respectively, where the land is located, and, if practicable,
on the land itself, but if the value of the land does not exceed two hundred and forty
pesos, the publication in the Official Gazette and newspaper may be omitted. The
notices shall be published one in English and the other in Spanish or in the local
dialect, and shall fix a date not earlier than sixty days after the date of the notice upon
which the land will be awarded to the highest bidder, or public bids will be called for,
or other action will be taken as provided in this chapter.
SECTION 25.
All bids must be sealed and addressed to the Director of
Lands and must have inclosed therewith cash or certified check, treasury warrant, and
post-office money order payable to the order of the Director of Lands, for ten per
centum of the amount of the bid, which amount shall be retained in case the bid is
accepted, as part payment of the purchase price: Provided, That no bid shall be
considered the amount of which is less than the appraised value of the land.
SECTION 26.
d Upon the opening of the bids, the lands shall be awarded
to the highest bidder. If there are two or more equal bids which are higher than the
other and one of such equal bids is that of the applicant, his bid shall be accepted. If,
however, the bid of the applicant is not one of such equal bids and higher bids, the
Director of Lands shall at once submit the land for public bidding, and to the person
making the highest bid on such public auction the land shall be awarded. In any case
the applicant shall always have the option of raising his bid to equal that of the
highest bidder, and in this case, the land shall be awarded to him. No bid received at
such public auction shall be finally accepted until the bidder shall have deposited ten
per centum of his bid, as required in section twenty-five of this Act. In case none of
the tracts of land that are offered for sale or the purchase of which has been applied
for, has an area in excess of twenty-four hectares, the Director of Lands may delegate
to the District Land Officer concerned the power of receiving bids, holding the
auction, and proceeding in accordance with the provisions of this Act, but the District
Land Officer shall submit his recommendations to the Director of Lands, for the final
decision of the latter in the case.
SECTION 27.
The purchase price shall be paid as follows: The balance of
the purchase price after deducting the amount paid at the time of submitting the bid,
may be paid in full upon the making of the award, or in not more than ten equal
annual installments from the date of the award.
175
SECTION 28.
The purchaser shall have not less than one-fifth of the land
broken and cultivated within five years after the date of the award, and before any
patent is issued, the purchaser must show actual occupancy, cultivation and
improvement of at least one-fifth of the land applied for until the date on which final
payment is made: Provided, however, That in case the land purchased is to be devoted
to pasture, it shall be sufficient compliance with this condition if the purchaser shall
graze on the land as many heads of his cattle as will occupy at least one-half of the
entire area at the rate of one head per hectare.
SECTION 29.
After title has been granted, the purchaser may not within a
period of ten years from __________ cultivation of the land has been begun, the
purchaser, with the approval of the Secretary of Agriculture and Natural Resources,
may convey or encumber his rights to any person, corporation, or association legally
qualified under this Act to purchase agricultural public lands, provided such
conveyance or encumbrance does not affect any right or interest of the Government in
the land: And provided, further, That the transfer is not delinquent in the payment of
any installment due and payable. Any sale and encumbrance made without the
previous approval of the Secretary of Agriculture and Natural Resources shall be null
and void and shall produce the effect of annulling the acquisition and reverting the
property and all rights thereto to the State, and all payments on the purchase price
theretofore made to the Government shall be forfeited. After the sale has been
approved, the vendor shall not lose his right to acquire agricultural public lands under
the provisions of this Act; provided he has the necessary qualifications.
SECTION 30.
If at any time after the date of the award and before the
issuance of patent, it is proved to the satisfaction of the Director of Lands, after due
notice to the purchaser, that the purchaser has voluntarily abandoned the land for
more than one year at any one time, or has otherwise failed to comply with the
requirements of the law, then the land shall revert to the State, and all prior payments
made by the purchaser and all improvements existing on the lands shall be forfeited.
SECTION 31.
No person, no corporation, association or partnership shall
be permitted, after the approval of this Act, to acquire the title to or possess as owner
of any lands of the public domain if such lands, added to other lands belonging to
such person, corporation, association, or partnership shall give a total area greater
than the area the acquisition of which by purchase is authorized under this Act. Any
excess in area over this maximum and all rights, titles, interests, claims or actions held
by any person, corporation, association or partnership resulting directly or indirectly
in such excess shall revert to the State.
176
This section shall, however, not be construed to prohibit any person,

corporation, association or partnership authorized by this Act to acquire lands of the
public domain from making loans upon real estate security and from purchasing real
estate whenever necessary for the recovery of such loans, but in this case, as soon as
the excess above referred to occurs such person, corporation, association or
partnership shall dispose of such lands within five years, for the purpose of removing
the excess mentioned. Upon the land in excess of the limit, there shall be paid, so long
as the same is not disposed of, for the first year a surtax of fifty per centum additional
to the ordinary tax to which such property shall be subject, and for each succeeding
year fifty per centum shall be added to the last preceding annual tax rate, until the
property shall have been disposed of.
The person, corporation, association or partnership owning the land in excess
of the limit established by this Act shall determine the portion of the land to be
segregated.
At the request of the Secretary of Agriculture and Natural Resources, the
Solicitor General or the officer acting in his stead shall institute the necessary
proceedings in the proper court for the purpose of determining the excess portion to
be segregated, as well as the disposal of such portion in the exclusive interest of the
government.
SECTION 32.
This chapter shall be held to authorize only one purchase of
the maximum amount of land hereunder by the same person, corporation, association
or partnership; and no corporation, association, or partnership, any member of which
shall have received the benefits of this chapter or of the next following chapter, either
as an individual or as a member of any other corporation, association or partnership,
shall purchase any other lands of the public domain under this chapter.
But any purchaser of public land, after having made the last payment, and
cultivated at least one fifth of the land purchased, if the same shall be less than the
maximum allowed by this Act, may purchase successively additional agricultural
public land adjacent to or not distant from the land first purchased, until the total area
of such purchases, shall reach the maximum established in this chapter: Provided,
That in making such additional purchase or purchases, the same conditions shall be
complied with as prescribed by this Act for the first purchase.
CHAPTER VI
Lease
177
SECTION 33.
Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per centum of the capital stock or of
any interest in said capital stock belongs wholly to citizens of the Philippines, and
which is organized and constituted under the laws of the Philippines, may lease any
tract of agricultural public land available for lease under the provisions of this Act,
not exceeding a total of one thousand and twenty-four hectares. If the land leased is
adapted to and be devoted for grazing purposes, an area not exceeding two thousand
hectares may be granted. No member, stockholder, officer, representative, attorney,
agent, employee or bondholder of any corporation or association holding or
controlling agricultural public land shall apply, directly or indirectly, for agricultural
public land except under the homestead and free patent provisions of this Act:
Provided, That no lease shall be permitted to interfere with any prior claim by
settlement or occupation, until the consent of the occupant or settler is first had, or
until such claim be legally extinguished, and no person, corporation, or association
shall be permitted to lease lands hereunder which are not reasonably necessary to
carry on his business in case of an individual, or the business for which it was
lawfully created and which it may lawfully pursue in the Philippines, if an association
or corporation. (Re: pasture land, see Com. Act. No. 452).
SECTION 34.
A notice of the date and place of the auction of the right to
lease the land shall be published and announced in the same manner as that prescribed
for the publication and announcement of the notice of sale, in section twenty-four of
this Act.
SECTION 35.
All bids must be sealed and addressed to the Director of
Lands and must have enclosed therewith cash or a certified check, treasury warrant or
post-office money order payable to the order of the Director of Lands, for a sum
equivalent to the rental for at least, the first three months of the lease: Provided, That
no bid shall be considered in which the proposed annual rental is less than three per
centum of the value of the land according to the appraisal made in conformity with
section one hundred and sixteen of this Act.
SECTION 36.
The auction of the right to lease the land shall be conducted
under the same procedure as that prescribed for the auction sale of agricultural lands
as described in section twenty-six of this Act: Provided, that no bid shall be accepted
until the bidder shall have deposited the rental for at least the first three months of the
lease.
SECTION 37.
The annual rental of the land leased shall not be less than
three per centum of the value of the land, according to the appraisal and reappraisal
178
made in accordance with section one hundred and sixteen of this Act. But if the land
leased is adapted to and be devoted for grazing purposes, the annual rental shall be
not less than two per centum of the appraised and reappraised value thereof. Every
contract of lease under the provisions of this chapter shall contain a clause to the
effect that a reappraisal of the land leased shall be made every ten years from the date
of the approval of the lease, if the term of the same shall be in excess of ten years. In
case the lessee is not agreeable to the reappraisal and prefers to give up his contract of
lease, he shall notify the Director of Lands of his desire within the six months next
preceding the date on which the reappraisal takes effect, and in case his request is
approved, the Director of Lands may, if the lessee should so desire, proceed in
accordance with section one hundred of this Act as amended by RA No. 2694. (Re:
pasture land, see Com. Act No. 452).
The rent, which shall be paid yearly in advance shall accrue from the date of
the approval of the lease, and the full payment for the first year shall be made in the
Bureau of Lands before the execution of the contract.
SECTION 38.
Leases shall run for a period of not more than twenty-five
years, but may be renewed once for another period of not to exceed twenty-five years,
In case the lessee shall have made important improvements which, in the discretion of
the Secretary of Agriculture and Natural Resources justify a renewal. Upon the final
expiration of the lease, all buildings and other permanent improvements made by the
lessee, his heirs, executors, administrators, successors, or assigns shall become the
property of the Government, and the land together with the said improvements shall
be disposed of in accordance with the provisions of chapter five of this Act.
SECTION 39.
It shall be an inherent and essential condition of the lease
that the lessee shall have not less than one-third of the land broken and cultivated
within five years after the date of the approval of the lease: Provided, That in case the
land leased is to be devoted to pasture, it shall be sufficient compliance with this
condition if the lessee shall graze on the land as may heads of cattle as will occupy at
least one-half of the entire area at the rate of one head per hectares. (Re: pasture land,
see Com. Act No. 452).
SECTION 40.
The lessee shall not assign, encumber, or sublet his right
without the consent of the Secretary of Agriculture and Natural Resources, and the
violation of this condition shall avoid the contract: Provided, That assignment,
encumbrance, or subletting for purpose of speculation shall not be permitted in any
case: Provided, further, that nothing contained in this section shall be understood or
construed to permit the assignment, encumbrance, or subletting of lands leased under
179
this Act, or under any previous Act, to persons, corporations, or associations which
under this Act, are not authorized to lease public lands.
SECTION 41.
The lease of any lands in this chapter shall not confer the
right to remove or dispose of any valuable timber except as provided in the
regulations of the Bureau of Forestry for cutting timber upon such lands. Nor shall
such lease confer the right to remove or dispose of stone, oil, coal, salts, or other
minerals, or medicinal mineral waters existing upon the same. The lease as to the part
of the land which shall be mineral may be cancelled by the Secretary of Agriculture
and Natural Resources, after notice to the lessee, whenever the said part of the land is
more valuable for mineral than for agricultural purposes.
The commission of waste or the violation of the forestry regulations by the
lessee shall work a forfeiture of his last payment of rent and render him liable to
immediate dispossession and suit for damage.
SECTION 42.
After having paid rent for at least the first two years of the
lease, and having complied with the requirements prescribed in section thirty-nine,
the lessee of agricultural public land with an area less than the maximum allowed by
law, may lease successively additional agricultural public land adjacent to or near the
land originally leased until the total area of such leases shall reach the maximum
established in this chapter: Provided, That in making such additional lease, the same
conditions shall be complied with as prescribed by this Act for the first lease.
SECTION 43.
During the life of the lease, any lessee which shall have
complied with all the conditions thereof and shall have the qualifications required by
section twenty-two, shall have the option of purchasing the land leased subject to the
restrictions of chapter five of this Act.
CHAPTER VII
Free Patents
SECTION 44.
Any natural both citizen of the Philippines who is not the
owner of more than twenty four hectares, and who since July fourth, nineteen hundred
and twenty-six or prior thereto, has continuously occupied and cultivated, either by
himself or through his predecessors in interest, a tract or tracts of agricultural public
lands subject to disposition, or who shall have paid the real estate tax thereon while
the same has not been occupied by any other person shall be entitled, under the
provisions of this chapter, to have a free patent issued to him for such tract or tracts of
180
such land not to exceed twenty-four hectares. (See Rep. Act No. 752).
SECTION 45.
The President, upon recommendation by the Secretary of
Agriculture and Natural Resources, shall from time to time fix by proclamation the
period within which applications for free patents may be filed in the district, chartered
city, province, municipality, or region specified in such proclamation, and upon the
expiration of the period so designated, unless the same be extended by the President,
all the land comprised within such district, chartered city, province, municipality, or
region subject thereto under the provisions of this chapter may be disposed of as
agricultural public land without prejudice to the prior right of the occupant and
cultivator to acquire such land under this Act by means other than free patent. The
time to be fixed in the entire Archipelago for the filing of applications, under this
chapter shall not extend beyond December thirty-first, nineteen hundred and
seventy-six, except in the provinces of Agusan del Norte, Agusan del Sur, North
Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao, Sulu,
Mountain Province, Benguet, Kalinga-Apayao, and Ifugao where the President of the
Philippines shall determine or fix the time beyond which the filing of applications
under this chapter shall not extend. The period fixed for any district, chartered city,
province, or municipality shall begin to run thirty days after the publication of the
proclamation in the Official Gazette and if available in one newspaper of general
circulation in the city, province or municipality concerned. A certified copy of said
proclamation shall be furnished by the Secretary of Agriculture and Natural
Resources within 30 days counted from the date of the presidential proclamation to
the Director of Lands and to the provincial board, the municipal board or city council
and barrio council affected, and copies thereof shall be posted on the bulletin board of
the Bureau of Lands at Manila and at conspicuous places in the provincial building
and at the municipal building and barrio hall or meeting place. It shall, moreover, be
announced by government radio whenever available, in each of the barrios of the
municipality. (As amended by Republic Act Nos. 107, 2061 and by R.A. No. 6236,
approved June 19, 1971).
SECTION 46.
If, after the filing of application and the investigation, the
Director of Lands shall be satisfied of the truth of the allegation contained in the
application and that the applicant comes within the provisions of this chapter, he shall
cause a patent to be issued to the applicant or his legal successor for the tract so
occupied and cultivated, provided its area does not exceed twenty-four hectares:
Provided, That no application shall be finally acted upon until notice thereof has been
published in the municipality and barrio in which the land is located and adverse
claimants have had an opportunity to present their claims.
181
7.3 DENR Administrative Order No. 67, Series of 1990

SUBJECT :
Guidelines in the Implementation of the "Handog Titulo"

Program
For the effective and efficient implementation of the "Handog Titulo

Program", the following guidelines are hereby prescribed:
1.
Implementing Approaches
In implementing the "Handog Titulo" Program, the three (3) approaches
hereunder shall be observed:
2.
a.
In areas where most of the classified alienable and

disposable lands (A & D) are already titled, the traditional
system of individual investigation shall be applied.
b.
In areas where most of the A & D lands are not year titled,
the project appear which calls for mass acceptance of public
land applications and carpet investigation shall be applied.
c.
In areas where there are on-going cadastral survey projects,

the approach to be used shall be advance acceptance and
processing of public land applications. This approach shall
allow land claimants to file their public land applications to
the DENR representative in the area while the cadastral
survey is on-going. Processing of these applications shall
proceed while awaiting the approval of the survey returns.
However, no order of approval, award and issuance of
patent shall be issued unless the survey is approved.
Filing of Public Land Applications

a.
All public land applications filed after December 31, 1987

and before the effectivity of Republic Act No. 6940 on
April 16, 1990 must be refiled in the Community
Environment and Natural Resources Offices (CENROs)
concerned.
182
3.
b.
In approaches (1b) and (1c), the CENRO shall establish a

public land application filing centers where the
representative can conduct mass acceptance of application.
The filing center shall be located in the most accessible
place in the municipality or in the barangay where the land
is located. The establishment with the local officials
concerned.
c.
The Municipal Agrarian Reform Office (MARO) of the

Department of Agrarian Reform (DAR) shall be
immediately furnished a copy of the application only for
those concerning agricultural lands filed for the issuance of
a certification on the acceptability of the applicant as a
CARP beneficiary.
d.
The new numbering system for public land applications

shall apply for all applications filed under this Program as
provided for under DENR Administrative Order No. 55,
Series of 1990.
e.
All existing rules and regulations governing the filing and

acceptance of public land applications consistent herewith
shall apply to this program.
Investigation and Processing of Applications

a.
In the conduct of investigation, the investigator shall

accomplish the Land Data Record Sheet as prescribed by
LOC 131 in addition to the usual investigation report.
b.
In the individual lot approach, investigation shall not be

limited to the subject lot only but must include the adjoining
lots. The investigation of the adjoining lots shall also be
done in accordance with the preceding paragraph.
c.
Investigation under approached (1b) and (1c) shall be done

through the carpet or mass investigation process. All Land
Data Record Sheets generated shall be processed by the
Land Management Section of the CENRO concerned in
accordance with the requirements of LOC 131.
183
4.
5.
d.
The joint certification requirements under DAR-DENR

Joint Administrative Order No. 2-88 shall be attached to all
applications filed covering agricultural lands before any
further action is made.
e.
Innovative approaches in the investigation and processing

of public land applications shall be encouraged as long as
they are within the purview of applicable laws.
Issuance of Patents
a.
The new numbering system of patent distribution shall

apply, provided under DENR Administrative Order No. 55,
Series of 1990.
b.
No patent shall be transmitted to the Register of Deeds

unless all prescribed administrative fees shall have been
duly paid.
c.
To ensure the effective implementation of Republic Act No.

6940, the Provincial Environment and Natural Resources
Officers (PENROs) are enjoined to seek the assistance of
the Register of Deeds to facilitate the registration and
on-site distribution of patents particularly in approaches
(1b) and (1c).
Collection of Fees
a.
Application and other administrative fees shall be paid upon

the filing of applications. However, in some meritorious
cases where an applicant cannot afford to pay, the collection
of filing fees can be postponed until the public land
applications shall have been processed and before
transmittal of the patent to the Register of Deeds.
The CENRO, concerned shall have the responsibility to
determine circumstances when an applicant cannot afford to pay.
In such cases, a promissory note must be submitted by the
applicant.
b.
In cases where the patentee cannot afford the cadastral cost,
184
said cost shall be annotated at the back of the patent as lien.

6.
Information and Education Campaign (IEC)

a.
To ensure effective implementation of this program, all

field units concerned shall develop and implement intensive
educational and information campaign.
b.
PENROs are enjoined to seek the assistance of local

officials in the conduct of educational and information
campaign, including the mobilization of the applicants.
7.
All prescribed judicial and other forms shall be used in the filing of
applications and in the issuance of patents.
8.
All orders, circulars and other issuances inconsistent with these

provisions are hereby repealed or modified accordingly.
9.
This order takes effect immediately.
(SGD.) FULGENCIO S. FACTORAN, JR.

Secretary

May 17, 1990
SUBJECT :
Prescribing Guidelines in the Inventory and Re-examination

of All Existing Reservations.
In order to achieve the desired objectives of the inventory and re-examination

of all existing reservations as provided in Letter of Instruction No. 1258 dated 28 July
1982, the following procedures and guidelines are hereby issued for strict compliance
of all concerned:
A.
Definition of "Reservation"
Reservation is defined as any tract or tracts of land of the
185
public domain proclaimed by the President of the Philippines for

the use of the government or any of its branches or
instrumentalities or of the inhabitants thereof for public or
quasi-public uses:
B.
Inventory Procedures:
1.
Copy of proclamation/executive order establishing such

reservation shall be provided by the Lands Management Bureau to
the Regional Office concerned and shall be used as the principal
source document in the inventory and sketching of said
reservations.
2.
The Regional Office in setting up priorities shall consider the

following factors:
2.1
Actual use/s of the area covered by the proclamation
2.2
Vastness of the area embraced by the reservation
2.3
Potential for CARP and other government projects
2.4
Seriousness of the problem of squatting if any
2.5
Other factors that will militate against the continued

retention of the reservations by the agency/ies in whose
favor the same has been established
3.
The CENRO Office, upon receipt of the copies of such

proclamation from the Regional Office as prioritized shall
immediately cause the actual field inventory of the premises of the
land subject of the reservation.
4.
To attain uniformity in reporting and facilitate analysis of findings

for an intelligent action, inventory report forms have been
designed and marked as "RESFORM." The RESFORM No. 1
herein prescribed shall be used in the actual field enumerations to
be signed by the enumerators and certified correct by the CENRO
or his designated representative.
5.
The original copy of the RESFORM No. 1 shall be forwarded to

the Regional Office and a duplicate copy to be compiled and
186
retained by the CENRO for records purposes and future reference.

6.
7.
C.
The Regional Office shall prepare and submit to the Lands

Management Bureau the following:
6.1
Write-up in the form of a narrative report containing a

complete and comprehensive statement of reservation,
including comments and recommendations on the proper
disposition of the reservation under review. (Sample
attached and marked as RESFORM No. 2).
6.2
Sketch plan of the reservation as provided in Item C hereof.
Capsulized or executive report on the status of reservation for

consideration of the DENR Secretary for possible revocation or
amendment of the corresponding orders/proclamation shall be
prepared by the Lands Management Bureau using the prescribed
format in the attached sample and marked as RESFORM No. 3.
Survey and Mapping Procedure

1.
The perimeter or external boundary survey shall be done like any

isolated survey. It shall be tied to a reference mark and other
geodetic control points of known positions by a closed circuit or
loop traverse or triangulation or trilateration using transit and
calibrates tape or theodolite and EDM following the pertinent
provisions of the Manual for Land Surveys.
2.
The boundary survey shall as much as possible follow the

technical descriptions contained in the proclamation. In case of
conflict with previously approved surveys or decreed properties,
the survey should be made to conform with the technical
description of the approved survey.
3.
The corners of prominent turns of the boundary shall be defined by

concrete monument 15 x 15 x 50 cm., set 35 centimeters in the
ground leaving a projection of 15 centimeters above the ground
marked on top by appropriate survey symbols and corner number.
Also the first and last corners situated along natural boundaries
(rivers, creeks, arroyos) shall be monumented. The rest of the
corners may be defined by "X" mark sketched on large stone of
187
boulders with exposed surface of more than one meter in diameter

or on living edible trees or trees belonging to the first group with
diameters from fifteen to fifty centimeters.
4.
The individual claims within the reservations shall be sketched

using transit and stadia, plane table and lidade or transit and tape
and arcas of the claims shall be determined approximately.
5.
The boundary survey shall be plotted in the prescribed isolated

survey plan form and the complete survey returns submitted to the
Regional Surveys Division for verification and approval. The
survey symbols Nr or Pr or Mr shall be used accordingly and the
numbering system shall follow the present system Region No.
followed by the, survey numbers. The unsurveyed claims shall be
sketched and reflected by dotted lines. The actual land uses and
permanent improvements in these private claims shall be indicated
on the plan.
6.
Section 476 of the Manual for Land Surveys of the Philippines

shall apply as well as other pertinent survey rules and regulations.
In view thereof, all concerned officials of the department are
hereby enjoined to see to it that this order are complied with.
D.
All orders and other issues that are inconsistent herewith, are hereby revoked
or modified accordingly.
E.
This Order shall take effect immediately.

Secretary

SUBJECT :
Prescribing Guidelines in the Inventory of Alienable

Disposable (A or D) Lands
Pursuant to Executive Order No. 192 and for the guidance and compliance of
188
all concerned, the following guidelines are hereby prescribed in the inventory of
Alienable or Disposable (A or D) lands of the public domain:
A..
Definition of Alienable and Disposable Lands

Alienable or Disposable Lands refer to those lands of the
public domain which have been subject of the present system of
land classification and declared as not needed for forest purposes.
B.
Source Documents
1.
2.
C.
To determine the land disposition status, survey status and land use
for every municipality, the CENRO concerned shall insure that the
following reference and source documents/materials are adequately
collected and compiled in its Records and Surveys Section:
1.1
Patented/Subsisting Public Land Applications (PLAs);
1.2
Survey Returns;
1.3
Projection/Cadastral Maps;
1.4
Land Data Record Sheets generated from the investigation

reports; and
1.5
Land Classification Maps.
Data on titled lands shall be gathered from the Register of Deeds

concerned.
Operating Procedures
1.
Preparation of Land Information Register

1.1
A Municipal/City Land Information Register shall be

prepared for each municipality in accordance with LOC 131
hereto attached and marked as IAD Form No. 1.
1.2
The duplicate copy of the IAD Form No. 1 shall be

forwarded to the PENRO to serve as a document in the
preparation of the Provincial Land Information Register
using the herein prescribed format and marked as IAD Form
189
No. 2.
1.3
The Provincial Information Register shall consist of the

following:
1.3.1 Name of municipalities and cities alphabetically listed
within the province;
1.3.2 Number of surveyed lots within the municipality and its
aggregate area;
1.3.3 Number of lots covered by title or patent (judicial or
administrative) and its aggregate area; and
1.3.4 Land uses segregated into the following major categories:
1.4
2.
1.3.4.1
Agricultural
1.3.4.2
Residential
1.3.4.3
Commercial/Industrial
The Provincial Land Information Register shall be

forwarded to the Regional Office and shall be submitted to
the Lands Management Bureau (LMB).
Preparation of Provincial Map

2.1
A Provincial Survey Status Map shall be prepared by the

Regional Office to illustrate the surveyed portion of A or D
parcel in a given province.
2.2
A Provincial Land Disposition Status Map Overlay shall be

prepared to show the surveyed portion covered by
title/patent.
2.3
A Provincial Land Use Map Overlay shall be prepared to

illustrate the land use pattern.
2.4
The Provincial Survey Status Map (and its corresponding

thematic map overdays), the Provincial Land Disposition
and Land Use Maps shall be drawn in duplicate on stable
190
base drafting film with specification similar to those

prescribed for Provincial Base Map.
2.5
3.
The duplicate copies of the maps stated in item (2.4) shall

be submitted to the Lands Management Bureau.
Updating and Maintenance

3.1
The updating and maintenance of the Land Information

Registers, Maps and Overlays shall be done on a quarterly
basis.
D.
In view thereof, the LMB Director, Regional Executive Directors (REDs) and
all concerned officials of the Department are hereby directed to oversee the full
implementation of the above-prescribed guidelines.
E.
This Order takes effect immediately.
(SGD.) FULGENCIO FACTORAN, JR.

Secretary
7.6 DENR Memorandum Circular No. 12, Series of 1990

July 17, 1990
DENR MEMORANDUM CIRCULAR NO. 12-90
SUBJECT :
1.
Granting a Period of Filing Applications for Administrative

Legalization (Free Patent) and Judicial Confirmation of
Imperfect and Incomplete Titles Pursuant to Republic Act No.
6940.
For the information and guidance of all concerned, noted

hereunder are the salient features of Republic Act No. 6940 signed
on March 28, 1990 by President of the Philippines and made
effective on April 16, 1990, granting a period of filing application
for administrative legalization (free patent) and judicial
confirmation of imperfect and incomplete titles pursuant to
Republic Act No. 6940:
191
a.
The period of filing applications for free patent and judicial

confirmation of imperfect titles shall be effective April 16,
1990 up to December 31, 2000;
b.
Any natural both citizen of the Philippines who is not the

owner of more than twelve (12) hectares and who, for at
least thirty (30) years prior to the effectivity of this act, has
continuously occupied and cultivated, either by himself or
through his predecessors-in-interest a tract or tracts of
public agricultural lands subject to disposition who shall
have paid the real estate tax thereon while the same has not
been occupied by any person shall be entitled, under the
provisions of this law, to have a free patent issued to him
for such tract or tracts of land not to exceed twelve (12)
hectares.
2.
The investigation and processing of free patent applications in the

Community Environment and Natural Resources Offices
(CENROS) pursuant to DENR Administrative Order No. 38 dated
April 19, 1990 superseding Administrative Order No. 20 dated
May 30, 1988, shall be in accordance with existing rules and
regulations and shall fall under the operations of the "Handog
Titulo Program."
3.
The time shall be fixed in the entire archipelago for the filing of
applications under Chapter VII of Commonwealth Act. No. 141, as
amended, shall not extend beyond December 31, 2000 except in
the following provinces:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Agusan del Norte

Agusan del Sur
Cotabato
South Cotabato
Sultan Kudarat
Bukidnon
Lanao del Norte
Lanao del Sur
Davao del Norte
Davao del Sur
11.
12.
13.
14.
15.
16.
17.
18.
19.
Davao Oriental
Sulu
Mt. Province
Benguet
Kalinga Apayao
Ifugao
Maguindanao
Tawi-Tawi and
Basilan
whereas, the President of the Philippines, upon the recommendation of

192
the Secretary of Environment and Natural Resources, shall determine or

fix the time beyond which the filing of applications under this Chapter
shall not extend: Provided, that the period shall apply only when the
area applied does not exceed twelve (12) hectares.
4.
All concerned shall be guided accordingly.

Secretary
7.7 Lands General Circular No. 66

March 18, 1980
LANDS GENERAL CIRCULAR NO. 66-80
SUBJECT :
Rules and regulations in the acceptance and approval of

homestead applications.
With the Presidential declaration of the Land Democracy Policy on June 12,
1974, the Bureau of Lands has since then stopped the acceptance of homestead
applications for disposable public lands and suspended action on those already filed
but had not yet been approved.
Undoubtedly, the principle underlying this policy is to discard the old concept
of land ownership and to shift into a leasehold system of land acquisition and
development which, if vigorously pursued under certain guidelines, is envisioned to
optimize the economic and social benefits that can be derived from the utilization
thereof.
Nevertheless, it is felt that the new land policy should be interpreted in the
light of the broader perspectives of the New Society. The majority of the applicants
affected are poor farmer settlers who have occupied and cultivated small parcels of
land to take out a living but who do not meet the occupation and cultivation
requirements of the free patent law and are left, with no other alternative in acquiring
their landholdings. In order, therewith, to enhance the economic and social conditions
of the small farmers who constitute the greater mass of our population and at the same
time do away with the pernicious practice of issuing patents, even solely on
benevolent considerations, for lands not subject to acquisition under the free patent
193
provisions of the law, it is necessary and imperative that homestead applications be

accepted, approved and given due course under the following guidelines, to wit:
1.
Homestead Applications filed before June 12, 1974. If in

conducting the preliminary investigation on lands covered by
homestead applications, it is found that the lots applied for were
allocated to the applicants before June 12, 1974, or that the
applicants entered into the said lands prior to the said date; and that
by virtue of such allocation or occupation, the applicants have, thru
their own initiative, complied with the residence and cultivation
requirements of the law (Sections 13 and 14, Commonwealth Act
No. 141, as amended), the applications involved may be approved
with retroactive effect as of such date of allocation or occupation
and cultivation.
New Homestead applicants: Where prospective homestead
applicants can show proof that the land they intend to apply
thru homestead were allocated to, and occupied by, them on
or before June 12, 1974; or that they had religiously paid
real estate taxes thereon and had been actual occupants
thereof before the said date, their applications may be
accepted.
Displaced settlers: Where settlers have been displaced from,
their landholdings taken over by the Government in the
prosecution of development projects, their homestead
applications for lots in relocation sites set aside for them
shall be accepted and given due course.
Land applied has been the subject of a case of claim or
conflict: Where a winning party to a land case has not filed
an application for the land subject of the controversy, he
may be allowed to file a homestead application therefor
provided, it is clear from the investigation report submitted
in connection with the land conflict and the evidence
adduced therein that he is entitled, to acquire the land and
there is no other way of acquiring it except under the
homestead provision of the law.
However, utmost care should be exercised by all officials and employees in

194
conducting the investigation to determine whether the prospective applicants meet the
requirements called for herein. If warranted by the findings of the investigating
official the District Land Officer concerned is hereby authorized to accept and
number the homestead applications and thereafter approve the same effective as of the
date of allocation or occupation, as the case may be.
Strict compliance herewith is enjoined.
This Circular shall take effect immediately.
(SGD.) RAMON N. CASANOVA CESO II

Director of Lands
7.8 Lands General Circular No. 68

March 31, 1980
LANDS GENERAL CIRCULAR NO. 68-80
SUBJECT :
Partial Transfer of Homestead Rights Pursuant to Section 20,

Commonwealth Act No. 141, as amended
As a matter of policy, transfer of rights to portions of lands covered by

approved homestead application is prohibited. However, in cases where a portion or
portion of the land applied for are assigned or ceded by the applicant or his successors
in favor of another on account of his/their immediate need or in extreme cases, illness
or death of the applicant or any member of his family, this Office is constrained to
merely amend the application to exclude therefrom that portion of the land ceded to a
third party who is allowed to file a free patent application therefor, provided, that the
homesteader, by himself or his predecessor-in-interest, has occupied and cultivated
the land on or before June 12, or July 4, 1945. This procedure is virtually a
conversion, albeit partial, of an approved homestead application into a free patent
application in violation of standing policy prohibiting such conversion. Furthermore,
the Government stands to lose the amount of P20.00 or more, corresponding to the
transfer fee, if partial transfer of homestead rights is not allowed. Under the
circumstances, and in the absence of any specific provision of the Public Land Law
(Commonwealth Act No. 141, as amended) prohibiting the transfer of homestead
application, partial transfer of homestead rights may, hereafter, be approved by this
195
Office or by the District Land Office concerned, in proper cases, pursuant to Section
20 of the Public Land Act, subject to the conditions enumerated hereunder, to wit:
1.
That the transferor has complied with all the requirements of the
law, regarding residence and cultivation, but could not continue
with the homestead thru no fault of his own;
2.
That the conveyance is not for the purpose of speculation and the
transferee is the one really and actually interested in transfer and is
not merely a dummy applicant;
3.
That the transferee is a bona fide purchaser of the rights and

improvements of the applicant on the land and is legally qualified
to apply for a homestead;
4.
That the transferee is financially or otherwise capable of bringing

the land into cultivation and use;
5.
That there is no adverse claim to the land applied for still pending
determination; and
6.
That the transfer fee required under Lands Administrative Order

No. 7-4 dated August 14, 1950 has been paid.
It is understood, that no homesteader shall be permitted to split the area applied

for in excess of five hectares among his relatives within the sixth degree of
consanguinity or affinity excepting his married children who are actually occupying
the land as provided for under Section 4 of Republic Act No. 6516 and that the parties
shall undertake the segregation survey of the land sought to be transferred at their
own expense. In this connection, Regional Land Officers are required to accept for
verification and approval, if proper in other respects, of subdivision or segregation
survey returns of areas covered by approved homestead applications on the strength
of the authority therefor issued and on the basis of prior findings made by the District
Land Officer concerned that the transferee is a qualified homestead applicant and that
the transfer may otherwise be approved.
To preclude series of transfers of a portion or several portions of a homestead
and thus avoid future complications, no partial transfer shall be approved until such
portion or portions are duly segregated and surveyed and the corresponding survey
plans are approved.
196
In the implementation of these regulations, District Land Officers are hereby

required to number the homestead application of the transferee and assign an entry
number thereto, after the partial transfer of homestead rights shall have been approved
and the application of the transferor, amended. For reference, information and
guidance of District Land Officers and to obtain uniformity in the preparation of the
order of approval of the partial transfer and amendment of application, enclosed is
B.L. Form No. V-28-86 (p).
This Circular is the interest of the public service and shall take effect
immediately.
(SGD.) RAMON N. CASANOVA, CESO II

Director of Lands
7.9 Lands Administrative Order No. 19

November 4, 1954
LANDS ADMINISTRATIVE ORDER NO. 19-54
SUBJECT :
Rules and regulations governing the private sale of lands of

the public domain under Republic Act No. 730.
Pursuant to the provisions of Section 79 (B) of the Revised Administrative

Code, Republic Act No. 730 and Section 5 of Commonwealth Act No. 141, as
amended, the following rules and regulations governing the private sale of lands of
the public domain for residential purposes are hereby promulgated for the information
and guidance of all concerned.
1. Scope of the regulations. These rules and regulations shall apply to the
applications to purchase, at a private sale, public land for residential purposes under
Republic Act No. 730, approved on June 18, 1952.
2. Townsite lots not disposable under these regulations. Until otherwise
specifically provided by law that may hereinafter be enacted these rules and
regulations shall not apply to the disposition of lots within townsites established
under Chapter XI of the Public Land Act.
3.
Land that may be acquired. Lands of the public domain of the
197
Republic of the Philippines which are non-timber or non-mineral suitable for

residential purposes and are not needed for the public service may be acquired thru
private sale.
4. Extent of land that may be purchased. A person duly qualified under
these regulations shall be entitled to purchase only one home lot, the area of which
shall not exceed one thousand square meters. The land applied for under these rules,
may in proper cases, be reduced so as to satisfy only the actual needs of the applicant
and accommodate a greater number of persons in need of home lots, especially in
thickly populated communities.
5. Applicant must agree to result of subdivision. A person seeking the
benefit of a private sale under the provisions of Republic Act No. 730 affecting lands
within a duly established city or political subdivision or residential site must agree to
the result of subdivision requirements prescribed by the Bureau of Lands and/or by
the National Planning Commission or similar bodies.
6. Persons entitled to a private sale. Persons who have the following
qualifications may purchase public lands for residential purposes thru private or direct
sale:
(a) Citizens of the Philippines; and also citizens of the United States
during the enforcement of the Parity Amendment to the Philippine
Constitution;
(b)
Must be at least 21 years of age;
(c)
Do not own a home lot in the city or municipality where the land is
located; and
(d)
Must have actually occupied in good faith the land applied for and
constructed their houses thereon and actually resided therein.
7. Rules governing the issuance of a permit. The rules and regulations

governing the issuance of a permit as prescribed by Lands Administrative Order No.
8-3 shall be followed and observed in so far as they are not inconsistent with those
herein provided, and the provisions of Republic Act No. 730.
8. Appraisal. Lands sold under Republic Act No. 730 shall be appraised
in accordance with Section 116 of Commonwealth Act No. 141, as amended, and the
rules and regulations promulgated thereunder.
198
9. Form of Application. An application for the benefits conferred by

Republic Act No. 730 must be in the form prescribed by the Bureau of Lands for
purchase of public lands fitted for residential purposes and must be accompanied with
an affidavit setting forth the facts that form the bases of his claim for the right to a
private sale.
10. Procedure. The procedure prescribed by Commonwealth Act No. 141,
and by the existing rules and regulations of the Bureau of Lands in the disposition of
lands fitted for residential purposes shall be observed in so far as they do not infringe
the right of the applicant to a private sale.
11. Notice. Before the sales contract or an order of the award is issued to
an applicant, a notice of the private sale shall be posted for a period of thirty (30) days
in a conspicuous place in the land itself, on the bulletin board of the barrio, at the door
located by the applicant, and at the bulletin board of the provincial or district land
office of the province where the land is located, by the Provincial or District Land
Officer as the case may be. At the end of the said period of posting, the official
concerned shall make a certification to that effect to the Director of Lands, and the
applicant shall return a copy of the notice which he had posted in connection
therewith, to the Director of Lands, duly sworn provided for herein.
12. Payment of purchase price. A down payment of ten per centum (10%)
of the appraised value of the lot, as approved by the Secretary of Agriculture and
Natural Resources, shall be collected before the award may be made in favor of the
purchaser. The balance of the purchase price may be paid in full at the making of the
award or in not more than ten (10) equal annual installments from the date of the
award. All over due installments will bear interest of four (4%) percent per annum.
13. Repeal of prior rules and regulations. All existing rules and
regulations, directives, resolutions, circulars, etc., affecting the sale of public lands
which are contemplated under Republic Act No. 730 and inconsistent with this Lands
Administrative Order, are hereby repealed.
14. Effectivity. These rules and regulations shall take effect upon approval.
APPROVED
November 4, 1954
(SGD.) SALVADOR ARANETA

Secretary of Agriculture and
199
Natural Resources
RECOMMENDED BY:
(SGD.) ZOILO CASTRILLO
(Director of Lands)
7.10 Lands Memorandum Order No. 320

February 12, 1971
LANDS MEMORANDUM ORDER NO. 320-71
SUBJECT :
Policies, Procedures and Additional Instructions in the

Investigation and Processing of Applications and Issuance of
Land Patents
In view of the massive land distribution program announced by the President

in his latest State of the National Message to Congress, and the 1971 Land Patent
Drive that this Office has launched on February 1, 1971, in connection therewith, it is
hereby informed that the Secretary of Agriculture and Natural Resources has issued
an order, designed to facilitate the issuance of land patents, that henceforth all land
patents be transmitted directly to his Office for his consideration, approval and
signature. The Secretary has also directed that only when the case specified in this
order will it be sent to him with the corresponding folder for consideration and
approval.
While this new procedure places squarely upon this Office the full
responsibility for the proper investigation and processing of all forms of public land
applications and issuance of patents therefor, the Secretary of Agriculture has at the
same time given the Director of Lands the corresponding authority to adopt such
policies, systems and procedures that will insure not only the speedy action on all
applications but also the integrity, of patents that will be issued in favor of those who
claim to have complied with the requirements of the Public Land Act and the rules
and regulations promulgated thereunder.
In view thereof, the following policies, procedures and guidelines are hereby
adopted for the information and guidance of all concerned:
200
FREE PATENT APPLICATIONS

1. Personal Qualifications. Adequate precautions should be taken to
insure that this form of land grant is extended only to "natural born" Filipino citizens
who are not the owner of 24 hectares of land. However, the mere fact that the
applicant carries a foreign sounding name like Lim, Yap, Go, Ong, Tan, etc., does not
necessarily mean that the applicant is not a natural born Filipino. For this purpose,
and unless otherwise dictated by circumstances, it is sufficient that the applicant
executed a statement either in his application or in a separate affidavit to the effect
that he is a natural born Filipino citizen and that he is not the owner of more than 24
hectares of land, and reports confirming these are made by the inspector who
investigated his application.
2. Classification of the Land. Adequate measures should likewise be
taken to insure that the land applied for and sought to be patented fails within the
alienable and disposable area as certified and established. by the Bureau of Forestry.
Where a free patent applicant under R.A. No. 782 has established that he has
occupied and cultivated the land applied for since July 4, 1945, which was classified
and released only later as alienable and disposable by the Bureau of Forestry, the
delay in the classification and release of the area should not militate against his free
patent right under said Act. In other words, the subsequent release of the land must be
given retroactive effect. What is really important here is that the land is classified as
alienable and disposable; that it is free from claims and conflicts; and that the
applicant meets the requirements regarding length of occupation and cultivation. This
rule should be applied also to free patents under Chapter VII of the Public Land Act
and under R.A. 3872.
3. Occupation and Cultivation Requirements. While Section 44,
Commonwealth Act No. 141, as amended, Republic Act No. 782, and Republic Act
No. 3872, require that the lands be occupied and cultivated by the applicant, they do
not, in unequivocal terms, prescribe full cultivation of the area. This Office rules that
where the applicant has occupied and cultivated a bigger fraction of the land applied
for, and has cleared the remaining portion or has left only a small portion untouched,
he is entitled to a patent for the whole area.
4. Lands Inside the "Poblacion". While free patent grants are restricted to
areas devoted to agricultural purposes, the mere fact that the land applied for is inside
the poblacion, does not necessarily mean that the land is not agricultural or that it is
residential, commercial or industrial. So, it is incumbent upon district land officers,
land investigators, land inspectors and the Staff of the Land Management Division to
201
exercise its sound judgment in determining the character of the land applied for,
taking into consideration the use to which it is mainly devoted, the improvements
existing thereon, its size, relative position, configuration and how it is classified for
tax purposes.
5. Lots Without Recorded Claimant. Where there is no recorded claimant
of the land or where the same was listed as "public land" or in the name of the
Government, the free patent application therefor may nevertheless be given due
course and patent issued to the applicant if this is justified by the findings and
recommendation of the inspector and District Land Office concerned.
6. Tacking of Possession. The occupation and cultivation of the land by
the applicant may be by himself or thru his predecessor-in-interest. It is important to
bear in mind in this connection that lands acquirable by free patents are still lands of
the public domain. Their disposition is governed mainly by the provisions of the
Public Land Act. So, while some provisions of the Civil Code and the Rules of Court
provide useful guide in the processing and adjudication of free patent applications,
such as the rules of property, testate and intestate succession, obligations and
contracts, their application to lands of the public domain should be tempered to suit
the policy of the Lands Department in expediting the issuance of land patents. Hence,
(a) Where according to the inspectors' report, an applicant acquired the land
from the original occupant by testate succession, the corresponding will and testament
submitted in support of the application need not be probated in court; or
(b) Where the applicant is an intestate heir, the corresponding affidavit of
self-adjudication or extrajudicial settlement among the heirs need not be published for
3 weeks in a newspaper of general circulation as required by Rule 74, Section 1 of the
Rules of Court, or
(c) Where the applicant acquired the land by donation and the deed of
donation does not satisfy the formal requisites of a valid donation, the contract should
be treated as a simple instrument of waiver or cession; or
(d) Where the applicant acquired the land by relinquishment or cession from
an ascendant, consent of his other prospective heirs need not be secured if said
ascendant had already signed the conveyance or relinquishment in his favor; or
(e) Where the applicant is invoking R.A. No. 782 under which the possession
of the land since July 4, 1945, is sufficient, and he acquired the land by sale or other
means before that date, he should no longer be required to submit the corresponding
202
deed of conveyance if he has failed to submit it. In other words, the applicant should
no longer be required to submit the deed of conveyance if he can establish his claim
to the land on the strength of his own occupation and cultivation.
7. Joint Affidavit of 2 Disinterested Persons. The affidavit of two
disinterested persons required under R.A. No. 782 satisfies the requirements of this
Office if it states in substance that the affiants are residents of the place where the
land is located and they attest to the fact that the applicant and/or his
predecessor-in-interest has occupied and cultivated the land applied for since July 4,
1945. A patent under R.A. No. 782 should not be withheld for minor imperfections in
the preparation or accomplishment of this affidavit such as erasures, alterations,
failure of the affiants to indicate their residence certificates or to affix documentary
stamps, discrepancy between residence stated in the affidavit and in the residence
certificate, etc.
8. Notices. Notices posted in connection with free patent applications
satisfy the requirements of this Office if they have been posted for the number of days
required and the affidavit executed by the applicant attesting to such postings was
executed on or after the last day of posting before a duly authorized official. Where
the notices suffer from minor flaws, such as erasures, alterations, cancellations,
superimpositions or omissions in the data appearing in the notice, the patent may be
allowed provided such flaws are not serious or substantial.
HOMESTEAD APPLICATIONS
9. Pre-war homestead applications that are due for patent should be given
preferential attention. Where the original or the duplicate original of the Order of
Approval is not available, any copy of said order or of any other document proving
such approval duly certified by the District Land Officer concerned will be sufficient.
If not, a new order of approval shall be entered making it retroactive to accommodate
the applicant's final proof.
10. Homestead applications may be approved retroactively as of the date of
allocation if it is established that the applicant has been occupying and cultivating the
land since the date of allocation. However, a certificate of such allocation shall be
submitted by the District Land Officer concerned together with other records of each
case.
11. Final Proof. The final proof is sufficient if the notices therefor were
posted for 30 days, and it was executed one year after the effective date of approval of
203
the application before the official, on the date and place and in the presence of the
persons specified in the notice. No homestead patent shall be withheld for minor
imperfections in the accomplishment of the notice or the final proof itself.
12. Transfer of Homestead Rights. Where the proposed patentee is a
transferee who has accomplished his own final proof papers before approval of the
transfer, his final proof papers may be accepted and approved, and the Order of
Transfer of Homestead Rights and patent in his name may be processed and issued
simultaneously.
SALES APPLICATIONS
13. Complete proof of publication of Notices of Sale in the Official Gazette
and in 2 newspapers of general circulation shall be dispensed with for lands awarded
before the Lands Department prescribed this requirement in 1956. In any event, the
Staff of the Land Management Division shall exercise his sound judgment in
determining whether or not there is substantial compliance with the publication
requirements prescribed by law.
14. Transfer of Sales Rights. Where the proposed patentee is a transferee,
the Order of transfer of Sales Rights and the sales patent in the name of the transferee
may be prepared and submitted to the Secretary of Agriculture and Natural Resources
together with the corresponding folder for approval. If there are two or more transfers
involved, the corresponding Order of Transfer of Sales Rights may be embodied in
one document and the same may be submitted to the Secretary's Office together with
the corresponding patent in the name of the last transferee for consideration and
approval.
MATTERS COMMON TO ALL PATENTS
15. Where the land applied for borders the forest zone, marshy or swamp
lands, the certification from the District Forester concerned as to whether or not the
same encroaches upon the forest zone heretofore required by the Lands Department in
a 2nd Indorsement dated January 23, 1961, shall be dispensed with if the patent
covers land that is inside a cadastral, public land subdivision or group settlement
project. Patents covering isolated parcels of land that border a forest zone or public
land shall not be allowed unless the District Forester concerned or the Director of
Forestry has certified that the same does not encroach upon the forest zone.
16. Where a free patent, homestead or agricultural sales patent covers an area
that borders the sea, the certification from the Commissioner of Customs heretofore
204
required by the Lands Department in several preceding cases may be dispensed with
if the land is inside a cadastral, public land subdivision or group settlement
subdivision project. Patents covering isolated parcels that adjoin the sea shall not be
allowed unless the Commissioner of Customs has certified that the land when used
and occupied by the applicant will not obstruct navigation.
17. Psu Surveys. Homestead and sales patents may be issued for lands
covered by Psu surveys without the need for confirmatory survey authority heretofore
required by the Lands Department. This instruction shall be applicable only to sales
and homestead applications that are pending issuance of patent at the time of issuance
of this Circular. Instructions previously issued by this Office prohibiting the
acceptance of homestead or sales applications for lands surveyed under Psu still
stand, except in cases of lands covered by sales (fishpond) applications formerly
under fishpond lease agreement or permit covered by the Philippine Fisheries
Commission which have been surveyed under Psu.
18. All unsigned patents previously returned to this Office for one reason or
another which may now be released as a consequence of these new policies and
procedures shall be submitted back to the Secretary of Agriculture and Natural
Resources together with a memorandum or indorsement justifying the issuance
thereof.
19. All rules, regulations and instructions previously issued by this Office
that are contrary to or inconsistent herewith are hereby revised or amended
accordingly.
(SGD.) VICENTE A. VALDELLON

Director of Lands
APPROVED:
(SGD.) ARTURO R. TANCO, JR.
Acting Secretary of Agriculture
and Natural Resources
7.11 Lands Office Circular No. 70

205
January 8, 1979
LANDS OFFICE CIRCULAR NO. 70-79
SUBJECT :
Rules and Regulations governing the Management of

Government Lands covered by Subsisting leases and the
Management and Disposition of Lands covered by expired
leases and of existing improvements thereon.
It has been observed that, owing to the absence of guidelines, the reappraisal of
government lands covered by subsisting lease contracts and of improvements thereon
every 10-year period during the lifetime of the lease as required by law and the
condition of the contract is being made most oftenly after the termination of the said
terminal period and, in some cases, not being made at all, resulting in the loss to the
Government of sizable amount of income in the form of increased rentals which
should have been collected on the basis of new appraisals. It has also been observed
that the absence of such guidelines has more often than not confused land officials in
the management and disposition of lands covered by expired leases and of the
existing improvements thereon which, under the provisions of law and the contracts,
become the property of the national government. In order, therefore, to achieve an
effective and rational management of lands of the public and private domain of the
Government which are covered by subsisting leases, as well as an effective and
rational management and disposition of lands covered by expired leases and of
improvements existing thereon, the following rules and regulations are hereby
promulgated, to wit:
1.
The Land Management Division which is mainly responsible for

the preparation and execution or issuance of lease awards and
contracts shall see to it that the Chief, Finance Division, and all
District Land Officers concerned, among other officials, are each
furnished a copy of such awards and lease contracts for their
information, reference and file and shall oversee the full
implementation of the terms and conditions thereof.
2.
The Records Division of the Central Office, in coordination with

the Finance Division, is hereby directed to keep and maintain
updated records of all lease awards and contracts of government
lands. As required by existing regulations, it shall set up an "aging
system" that will ensure the referral at the propitious time to the
Finance Division of the records of all lease applications (whether
206
agricultural, miscellaneous, reclaimed or foreshore lease

applications), in order that the later could discharge its duties and
responsibility in the manner as hereinafter provided.
3.
The Finance Division shall be responsible for:

1.
preparing and filing ledger cards of all lease awards and

contracts;
2.
determining the expiration of the terminal periods of ten

year in the awards and lease contracts;
3.
verifying unpaid rentals;
4.
billing all lessees for all accounts due; and
5.
referring promptly all lease applications prior to the

termination of every 10-year period in the contracts to the
Land Management Division which shall immediately take
thereon action leading to the reappraisal of the lands
covered thereby and of the improvements existing thereon.
4.
All District Land Officers are likewise directed to have closer

administrative supervision over the implementation of the terms
and conditions of the awards and the lease contracts by conducting
periodic ocular inspection and investigation of the land involved
and to submit reports regarding non-compliance with or violation
of the terms and conditions thereof. They shall, either at their own
initiative or upon receipt of orders or requests therefor from the
Central office, in coordination with the other members of the
Committee on Appraisal in their respective provinces, conduct the
required reappraisal and submit the corresponding reports without
delay.
5.
Lands entered into and occupied by other persons during the

lifetime of the lease shall not, after the termination of the lease
contracts or of any extension thereof, be the subject of acquisition
under the free patent or homestead provisions of the law but shall,
in pursuance of existing policy, remain in state ownership and shall
have disposed of by lease only or other similar means under the
provisions of Chapters VI and IX of Commonwealth Act 141, as
207
amended, as the case may be, Act 3038 and other applicable land
laws.
6.
Upon termination of the lease contracts or any extension thereof,

the District Land Officers shall temporarily take possession of, and
administer the land covered thereby and the improvements, if any,
existing thereon. He shall also conduct meanwhile and inventory
of such improvements and render to the Director of Lands a report
thereon indicating the kind, nature and ages of the improvements,
the appraised value thereof and the names of the person or persons
who introduced the same. In this connection, it should be borne in
mind that all buildings and other permanent improvements made or
introduced on the demised premises by the lessee, his heirs,
executors, administrators, successors or assigns become, upon final
termination of the lease, the property of the Government and the
said improvements shall be disposed of by sale only to the said
improvements shall have disposed of by sale only to the new
applicant or applicants at a price (appraisal) to be determined by
the Appraisal Committee in the province where the land lies in
accordance with existing rules and regulations.
7.
If the lessee or any other person occupies or continues to occupy

the land and to make use of the improvements existing thereon
even after the termination of the lease, occupation feed computed
pursuant to the pertinent provisions of lands Administrative Order
No. 8-3 shall be collected from and paid by, such lessee or person
for the duration of his occupancy of the land and/or enjoyment and
use of the improvements until such time that the land and
improvements shall have been disposed of in accordance with the
provisions hereof.
8.
In case of agricultural lands covered by expired leases, the District

Land Office shall furthermore look into the advisability of having
the area subdivided into fair sized farm lots or into lots
conformably with the respective occupancies of the settlers, if any,
therein.
9.
In order to effectively carry out these instructions, the Records

Division of the Central Office is hereby directed to make an
inventory of all subsisting, expired and cancelled leases and refer
208
all applications therefor successively to the Finance Division and

Land Management Division which shall take immediate
appropriate action thereon.
10.
This Circular shall take effect immediately.
(SGD.) RAMON N. CASANOVA, CESO II

Director of Lands
209

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MANUAL FOR LAND DISPOSITION

CHAPTER 2. Public Land Disposition, Management, and Administration

Copyright 1994-2016 CD Technologies Asia, Inc.

Environment and Natural Resources 2016 First Release

Qualifications of a free patent applicant

Checklist of essential papers/requisites in free patent

Processing of free patent application

CHAPTER 4. Homestead Application

Qualifications of a homestead applicant

CHAPTER 5. Processing Public Land Application for Sales and Leases

Sales application for agricultural purposes

Copyright 1994-2016 CD Technologies Asia, Inc.

Environment and Natural Resources 2016 First Release

CHAPTER 6. Other Operating Procedures

Reconstitution of patents (post-war)

Environment and Natural Resources 2016 First Release

any person or entity who claims or has

a type of application covering foreshore

Free Patent Application

It is a mode of acquiring thru the conformation

are parcels of land purchased by the

Homestead Application a grant of public land to persons seeking to

Environment and Natural Resources 2016 First Release

cultivation and improvement of the land.

the type of application covering lands in the

generally, the solid portion of the earth's

Land Use Enumeration

the process of generating data to obtain

Land Use Inventory

the system of establishing the relative location

Land Use Mapping

the process of producing land use maps that

any person or entity responsible for the day to

a type of application covering lands of the

Copyright 1994-2016 CD Technologies Asia, Inc.

man's activities directly related to the land.

Environment and Natural Resources 2016 First Release

a surveyed piece of land the boundaries of

any person who has actual or physical

any person who is the recipient of certificate

is an official document confirming absolute

permit issued for lands covered by a regular

any tract or tracts of land of the public domain

a type of application covering lands of the

Copyright 1994-2016 CD Technologies Asia, Inc.

Environment and Natural Resources 2016 First Release

permit filed for the temporary use/occupation

a right which is in itself, independent of

one of the attributes of ownership. A person

Sales Application (SA)

a type of application covering lands of the

patent to grant, cede, and convey full

permit issued to a government agency whose

Copyright 1994-2016 CD Technologies Asia, Inc.

the data appearing in the approved plan.

a type of application covering lands of the

To speed up public land distribution to applicants to support the

To have an inventory of vacant lands and conduct investigation to

To provide the necessary guides on the effective utilization of

1.2 Organization structure

Environment and Natural Resources 2016 First Release

the issuance of patents/deeds of sale or lease contracts/deeds of conveyance. It

Copyright 1994-2016 CD Technologies Asia, Inc.