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Republic of the PhilippinesDepartment ofEnvironment and Natural ResourcesVisayas Avenue. Diliman, Quezon CityTe l Nos. (632) 929-66-26 to 29 1632) 929-6 2-52

929-66-20 929-66-33 to 35

MAY g 5 201ADENR Administrative OrderNo. 2010- 12

SUBJECT: RULES AND REGULATIONS FOR THE ISSUANCE OF FREEPATENTS TO RESIDENTIAL LANDS UNDER REPUBLIC ACT NO.1 0 0 2 3

Pu rs ua nt to Section 7 of Republic Act No. 100 23, otherwise known a s AnA(:( Aulliorizing the Is sua nce of Free Paten ts to Residential Land s ("RA 10023"),~ n a ~ i d a t i n ghe Director of the Land Management Bureau of the Department ofIC~ivironmentand Natural Resources to issue the implementing rules andrcgi~lations of th is Act, the following rules an d regulations specifically~~crt;riningo residential la nds are hereby promulgated:

Section 1 . Scope of t he Implementing Rules a n d Regulations. - Thisi1iil3lcnicnting rules an d regulations, hereinafter referred to a s the IRR , shallonly cover applications for free patents pertaining to untitled public alienable; ~ n c lclisl~osablclands which have been zoned a s residential. It shall also coverzoncd 1.csidentia1area s in proclaimed townsite rese rvations.

Section 2. Definition of terms. - For pu rposes of RA 1002 3, theri~llowingterms a nd phr ase s a s used in this IRR ar e defined an d understood a sSollows:

2 . Filipino Citizen - a s enum era ted in Article IV Section I of the 1987Constitut ion, the following are citizens of the Philippines:2.1.1 Those who are citizens of the Philippines at the time of the

adoption of the 1987 Constitution;2.1.2 Those whose fathe rs or moth ers are citizens of the

Philippines;2. 1. 3 Those born before Ja nu ar y 17 , 197 3, of Filipino inothers,

who elect Philippine citizenship upon reaching the age o rmajority; and

2. 1. 4 Those who are naturalized in acco rdanc e with law.In addition, a person with dua l citizenship a s providcd for inRepublic Act No. 9225 and its implementing rules and reg~llationsshall be considered a Filipino citizen.

2.2 Actual occupant - any person who, either by herself or himself orthrough her or his predecessor-in-interest, is occupying, living in,inhabiting or staying in a structure, the primary purpose of whichis to serve a s the residence of su ch person , si tuate d on the parcelof residential land subject of the free pate nt applica tion. This issubject to the requirements un der subsections 2.1 1, 2.12 and 2.13below.

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2.2.1 For purposes of this IRR, persons cmploycd i n t1isi:lnllocations, either foreign or domestic, in public or privateservice, such that they are not able to slay at Lhcir placc ofresidence for long periods of time, arc dccrnctl ac.lunloccupants.2 .3 Residential lands - all lands tha t have been identified and zoncd a sresidential through the appropriate ordinance by L C 1,ocal

Government Unit (LGU) having jurisdiction over the area. Thcscinclude residential lands within area s zoned a s mixcd rcsidcnlialand commercial or mixed residential and industrial.

2.4 Aliertable and Disposable lands- Lands of the public doln;lillclassified a s agricultura l th at may be acquired through gra111 ot-confirmation of title.2 .5 Townsite reservations - proclaimed areas specifically rescrvccl for

the establishment of a new town a s provided for in Chapter XI 'L'illeV of C.A. 141 or the Public Land Act a s Amended.

2.6 Highly urbanized cities (HUC)-a s defined in Republic Act No . 76 10,otherwise known a s the Local Government Code (LGC), cities witha minimum population of two hundred thousand (200,000)inha bi tant s, a s certified by the National S tatis tics Officc, atitl wit11the latest annual income of at least Fifty Million Pcsos(P50 ,000 ,000 .00) based on 199 1 constant prices, a s ccr.tific.tl bythc city treasurer. Provided that, any future changes i l lqualifications for classification a s HUC by thc conccr-rlcclgovernment agency a t the time of filing of thc applicaiiorl willprevail.

2 .7 First class nzunicipalities - municipalities with an avc rage ;1111iitalincome of Fifty Five Million Pesos (P55,000,000.00),a s proviclccl for-in Department Order No. 23-08 of the Department of Fincir~cc,dated Ju ly 29, 2008 (DO 23-08). Provided that, any fulurc cl~ an gc sin qualifications for classification a s first class municipality by thcconcerned government agency at the time of filing o f tticapplication will prevail.

2.8 Second class municipalities - municipalities with an aver-agcannual income equal to or more than Forty Fivc Milliori Pcsos(P45,000,000.00) , but not exceeding Fifty Five Milliorl I'csos(P55,000,000.00),a s provided for in DO 23- 08. Proviclccl t11a , ariyfuture changes in qualifications for classificalion a s sccor~d lassmunicipality by the concerned government agency at lllc t itllc offiling of the application will prevail.

2.9 Use for Public seruice - utilization of parcels of land exclusively bythe government or any of its instrumentalities in providing I~asic.services to the general public, such as, but not limited to, rnarkciplaces; town, city, provincial, or barangay halls; hospitals, clinics,and health centers; police stations; outposts; jails; and tllc like.

2.10 Public use- utilization of parcels of land for structures which arcopen to the general public, including, but not limited, to pili~lit.

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Sec. 9. Removal of Restrictions. - The following restrictions underChapter X111, Title VI of Commonwealth Act No. 141 shall not be applicable topatents issued under RA 10023, to wit:

"Section 118. Except in favor of the Government or any of itsbranches, units, or institutions, lands acquired under free patent orhomestead provisions shall not be subject to encumbrance or alienationfrom the date of the approval of the application and for a term of fiveyears from and after the date of issuance of the paten t or gran t, nor shall[hey become liable to the satisfaction of any debt contracted prior to theexpiration of said period, bu t the improvements or crops on the land maybe mortgaged or pledged to qualified persons, associations, orcorporations.

No alienation, transfer, or conveyance of any homestead after fiveyears and before twenty-five years after issuance of title shall be validwithout the approval of the Secretary of Agriculture and Commerce,which approval shall not be denied except on constitutional and legalgrounds."

"Section 119.Every conveyance of land acquired under the freepatent or homestead provisions, when proper, shall be subject torepurchase by the applicant, his widow, or legal heirs, within a period offive years from the date of the conveyance."

"Section 121. Except with the consent of the grantee and theapproval of the Secretary of Natural Resources, and solely forcommercial, industrial, educational, religious or charitable purposes orfor a right of way, no corporation, association, or partnership mayacquire or have any right, title, interest, or property right whatsoever toany land granted under the free patent, homestead, or individual saleprovisions of th is Act or to any permanent improvement on su ch land.

The provisions of Section 124 of this Act to the contrarynotwithstanding, any acquisition of such land, rights thereto oriinprovements thereon by a corporation, association, or partnership priorto the promulgation of this Decree for the purposes herein stated isdeemed valid and binding; Provided, That no final decision of reversion ofsuch land to the Sta te ha s been rendered by a cour t; And Provided,further, That such acquisition is approved by the Secretary of NaturalResources within six (6)months from the effectivity of this Decree."

"Section 122.No land originally acquired in any manner underthe provisions of th is Act, nor any pe rma nen t improvement on such land,shall encumbered , alienated, o rd transferred, except to persons,corporations, associations, or partnerships who may acquire lan ds of thepublic domain under this Act or to corporations organized in thePhilippines authorized therefor by their charters.

Except in cases of hereditary succession, no land or any portionthereof originally acquired under the free patent, homestead, orindividual sale provisions of this Act, or any permanent improvement onsuch land, shall be transferred or assigned to any individual, nor shallsuch land or any permanent improvement thereon be leased to suchindividual, when the are a of said land , added to tha t of his own, shall

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