INTEGRATE. PROPEL. SUSTAIN
Technology and Knowledge Transfer
Technology and Knowledge Transfer
and Management - Philippines
Center for Land Administration
Land Management Bureau
LMB-CLAMP
© 2010 Land Management Bureau / Center for Land Administration and Management - Philippines
Learning Module
MODULE DESCRIPTION:
This module introduces the participants to the process of reviewing required documents attached to Free Patent Applications. Along with the review process is the preparation of judicial form order of approval. Exercises in performing consistency check and final screening will also be undertaken by the participants.
GOALS OF THE MODULE:
This module helps the participants to develop their knowledge and skills in processing and reviewing of Free Patent Application (FPA), and therefore facilitate the issuance of land title to claimants. The topic includes the steps in performing preliminary and final screening of FPAs,
LEARNING OBJECTIVES:
Upon completion of this module the participants will be able to :
a.Follow procedure in preliminary screening of the FPA;
b.Conduct Land holding investigation
c.Prepare Technical description
d.Perform the different steps in processing Free Patent Application
e.Prepare Judicial form
f.Prepare order of Approval
g.Perform Consistency check
h.Perform Final screening
LEARNING CONTENTS:
A. STEPS IN FREE PATENT REVIEW AND PROCESSING
Step 1: Preliminary Screening
The first step for FPA Review and Processing is the conduct of Preliminary Screening. This is done to ensure the completeness and correctness of the application for Free Patent prepared by the Adjudicators.
In reviewing the documents in the application, check if the following are present:
a)Accomplished and signed Public Land Application
b)Signed Affidavit of the applicant for a Free Patent Application
c)Signed Affidavit of Two Disinterested Persons supporting the Free Patent Application
d)Copy of the Notice of Application for a Free Patent
e)Signed Certification of Posting of the Notice of Application
f)Signed Final Investigation Report
g)Copy of latest Tax Declaration (if available and appropriate)
h)DAO - 2000-12 (if needed)
1.1 Review the contents of the carpeta.
Check the following entries for consistency in all documents:
a)Name of applicant
b)Lot number
c)Area of lot
d)Location of lot (Barangay and Municipality)
e)Survey number
f)Dates
g)Name of Spouse, if indicated
h)Relevant documents are signed, and signatures are consistent
Check the following entries for correctness:
a)Interview Information Sheet (see attached Sample Interview Form)
b)Duly accomplished FPA (Serialized Form)
c)Notice of Application with Barangay Certification on Posting of Notice
d)Joint Affidavit in support of Free Patent
e)Affidavit of the Applicant for FPA
f)Final Investigation Report
1.2 Review the additional and required attachments of the carpeta. The
following table shows the conditions that would necessitate the
attachment of certain additional documents:
Additional DocumentConditions for Requirement
Deed of Conveyance, Confirmation of Share, Extra-judicial settlement and partitionVaries according to the details of the application/facts of the case.
Joint affidavit of two (2) disinterested persons/ 2 adjoining owners/ Joint Affidavit of Two Barangay Officials/ Barangay Certification Note: If the applicant cannot present any proof of ownership with respect to the lot being applied for, any of these documents can be presented in lieu of any deed of conveyance.· When the survey claimant/ tax declarant is different from and not be related to the applicant · When the survey claimant’s name is found to be a typographical error. · If the survey claimant/ tax declarant is not known or unknown, or lot appears as public land. · When the Deed of Sale is not notarized and the vendor or his/her heirs could no longer be located to confirm the sale
Affidavit of Waiver· No available extra-judicial settlement among heirs · If erroneously listed survey claimant/ tax declarant can still be located · If co-ownership/ partnership exist
Community Tax Certificate (photocopy only) for the current yearRequired for all applications; shows evidence of residency and citizenship
Regional Trial Court (RTC) CertificationOptional. Should be required if the cadastral survey was pre-war survey and/or the municipality has undergone cadastral proceedings (judicial titling) in the past. Also required if the applied lot is subject for subdivision and correction survey.
Barangay CertificationIf the applied lot is subject for subdivision and correction survey
A&D CertificationRequired for all applications; proof that the land has been classified as alienable and disposable for at least thirty years prior to the time of application.
Latest Tax Declaration/Field Assessment Appraisal Sheet (FAAS) Copy issued by the Municipality
Tax Receipt/Tax ClearanceThis requirement is not mandatory. If available, get photocopy. Any tax information is to be obtained from the municipality and not a burden placed on the applicant. This serves as additional proof of who is paying the real property taxes due on the land when the tax declaration is still in the name of the predecessor-in-interest.
Affidavit of Sole Heir/Self-adjudicationRequired only if the applicant is the sole heir of a deceased original owner or immediate predecessor-in-interest, and the applicant wants the title to be in his/her name.
Duly filled-out Information SheetRequired for all applications
Death Certificate for application in the name of HeirsOptional
For all Applications with Old Pending Applications, the following tasks shall be done:
a.Review the attached additional required documents
b.Retrieve old pending applications and conduct confirmatory report with findings and recommendations
c.Based on the findings, reject or continue processing the old application. If to continue, return the application unrecorded (RUR). Order should be issued to the effect.
Additional Requirements for Old Pending Application:
a)Final Confirmatory Report
b)Corresponding Order
If application passes preliminary screening:
a)Record in the daily journal
b)Forward application to records officer for receiving and numbering
c)Record the date and time on the application tracking sheet.
If application does not pass the preliminary screening:
a)Return to the adjudicator for compliance
b)Reasons why application did not pass the preliminary screening should be clearly stated in the remarks column on the carpeta.
Step 2: Public Land Verification
After Preliminary Screening, the Project now proceeds to Public Land Verification. The objective of this Step is to ensure non-coverage of the application by previous pending applications.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe10 minutes
PrerequisitesFree Patent Applications screened by the SAFO LAND Management Officer
Resources/ MaterialsBallpen Allocation book Application Registry Book Lot Index Old Pending Applications (if needed)
Other ConsiderationsConduct random cross-checking of entries using one of the data sources (?)
OutputsStatus of Free Patent Application verified
Procedure
1)Check status of generated FPAs in the allocation book
2)Check status of generated FPAs in the application registry book
3)Check status of generated FPAs in the lot index
4)If the FPA is covered by a previous pending application, locate the old pending application and attach it to the current application; and return the document to the Adjudicator for preparation of the corresponding miscellaneous report and order.
Step 3-A: Landholding Investigation
An investigation of FPA applicants’ landholdings ensues after Public Land Verification. The Objective of this Step is to investigate the landholdings of an applicant such that, as per CENRO records, they do not exceed 12 hectares.
Important Reminders
ResponsibilitySAFO Landholding Verifier
Timeframe10 minutes
PrerequisitesVerified Free Patent Applications
Resources/ MaterialsSAFO Land Holding Sheet Aggregate Land Holding Status Sheet Ballpen A&D Certification Stapler, Staple Wire Fax Machine, Ink, Paper Printer, Ink Computer
Other Considerations1. The verification of the aggregate landholding status of every applicant should be done by a duly designated landholding researcher/verifier who shall be in constant coordination with the one preparing the landholding sheet at the Base Camp. Coordination shall be made on a day-to-day basis so as not to delay the processing of application. 2. While waiting for the aggregate landholding status of applicants from the CENRO, A&D certification should be secured by the SAFO from the CENRO. 3. When securing A&D certification: a) for aggregate areas less than 50 hectares, the A&D certification shall be approved by the CENRO; b) for aggregate areas exceeding 50 hectares, the A&D Certification shall be approved by the PENRO. A&D certification is issued through one-time certification. If there is a portion in the barangay classified as timber, mineral and other inalienable lands, per-parcel certification shall be secured.
Outputs1. Landholdings of Free Patent applicants investigated 2. BL Forms V-19 Printed
Procedure
1)List all FPAs needing Landholding Verification utilizing attached form (see Appendix __)
2)Fax and/or email Form to the CENRO-designated Landholding Researcher/ Verifier for the landholding status of every applicant
3)Encode all landholdings in the form
4)Print and sign BL Form Number V-19, and attach it to the PLA
Step 3-B: Research and Preparation of Technical Description
The preparation of the technical description ensures that the survey of the parcel applied for is accurate and approved. The preparation of the technical description should be prepared utilizing all available data obtained from available and approved survey records.
Important Reminders
ResponsibilitySAFO Technical Description Researcher
Timeframe15 minutes
PrerequisitesVerified Free Patent Applications
Resources/ MaterialsLot Data Computation Photocopying Machine Ballpen Computer Printer, Ink Cadastral Index Maps Consolidated Cadastral Maps Stapler, Staple Wire
Other Considerations1. The technical description, including the date of survey and date of approval of survey, is inputted directly to the Narrative Technical Description Form stored in Project computers. These data will be sourced from the either the Lot Data Computation sheets or the Lot Description and Cadastral Map, whichever is available. 2. It is recommended that the format be in Microsoft Excel for easier deleting and inputting of data. The Excel format also includes a program for the computation of Tax Declaration closure, as well as the sketch of the lot that will be automatically generated once all bearings and distances of boundary lines are encoded. The default Linear error of Closure should be less than 0.10m. 3. Staff preparing the Tax Declaration shall make a list of parcels requiring A&D certification from the CENRO (using the template in Appendix_). The TD researcher shall attach the A&D certification to the FPA.
Outputs1. A&D Certification secured 2. Technical description and narratives prepared
Guidelines/Procedure
a)Obtain list of lot numbers to be researched
b)Photocopy the Lot Data Computation.
c)Print digital copies of the subject lot from the Cadastral Index Maps, if available. If digital copies are not available, photocopy the subject lot from the Cadastral Map
d)Prepare a Narrative Technical Description
e)Print draft Narrative Technical Description, Error of Closure in the computation and the generated sketch of the lot
f)\Attach above documents to the FPA
g)Forward FPA to the SAFO Geodetic Engineer for checking
h)The Base Camp Geodetic engineer shall check and approve the FPA. If errors are found in this step, corrections shall be noted in the draft and referred back for revision.
Step 4-A: Numbering of Free Patent Applications
Upon the preparation of the Technical Description, the Project proceeds to the numbering of FPAs. The Objective is to officially receive and number the application before the conduct of other steps towards FPA processing.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe5 minutes
PrerequisitesFPAs with landholdings investigated
Resources/ MaterialsBallpen Application Registry Book in digital format Stamp ,Stamp Pad, Stamp Pad Ink CENRO Application Registry Book CENRO Index Cards
Other ConsiderationsBefore applications are numbered, the Application Registry Book needs to be encoded into digital format preferably by the CIM, preferably using MS Excel. This is so that the entries under the name of the applicants can be arranged alphabetically. This shall enable the records officer to readily assign the application number.
OutputsNumbered Free Patent Applications
Guidelines/Procedure
1.Stamp FPA submission
2.Stamp PLA verification on the FPA
3.Check the Application Registry Book and index cards (CENRO) for last entry
4.Assign the application number following the last entry in the Application Registry Book, and using the following guidelines
Step 4-B: Technical Description Check
This Step refers to the conduct of checking the Technical Description in Free Patent Applications (FPAs) for technical correctness.
Important Reminders
Responsibility SAFO-based Geodetic Engineer
Timeframe 10 minutes
Prerequisites Free Patent Applications with Technical Description and narrative prepared
Resources/ Materials Programmable Calculators Ballpen
Other Considerations Use programmable calculator
Outputs Technical Description checked
Guidelines/Procedure
1)Check encoded Technical Description against the Lot Data Computation
2)Check error of closure if it is within the allowable standard
3)Check sketch plotted and the description of boundaries
4)Check the name of the Geodetic Engineer, the date of survey, the date of survey approval and application number
5)Affix signature
Step 5-A: Indexing of Free Patent Application
This Step aims to prepare and index all Free Patent Applications (FPAs). It also includes indexing of the CENRO Allocation book and the indexing of cards for PENRO files.
Important Reminders
Responsibility SAFO Land Holding Verifier
Timeframe 10 minutes
Prerequisites Numbered Free Patent Applications
Resources/ Materials Ballpen CENRO Allocation Book CENRO General Index Card CENRO Lot Index Card Stapler, Staple Wire
Outputs Indexed Free Patent Applications
Guidelines/Procedure
1)Encode needed data in the index card
2)Print the general and lot index card
3)Attach index cards to the FP application
Step 5-B: Preparation of Order of Approval
This Step presents the process for preparing the Order of Approval for Free Patent Applications. The Order may be signed by the PENRO, Regional Executive Director, and DENR Secretary, depending on the area.
Important Reminders
Responsibility SAFO Database Operator
Timeframe 5 minutes
PrerequisitesFree Patent Applications with verified Technical Description
Resources/ Materials Digital copies of Order of Approval Computer Printer, Printer Ink Stapler, Staple Wire
Other Considerations Heading of the order should be adjusted based on the signatories
Outputs Order of Approval prepared and attached to the Free Patent Application
Guidelines/Procedure
1)For areas 5 hectares and below, the Order of Approval of application and issuance of patent shall be signed by the PENR Officer
2)For areas more than 5 hectares, the Order of Approval of application and issuance of patent shall be signed by the Regional Executive Director
3)For areas 10 hectares and above, the Order of Approval of application and issuance of patent signed by the Secretary of DENR.
Step 6. Prepare and Print Judicial Form
This Step signifies an important stage of the FPA Review and Preparation process, as the Free Patent is drafted using Judicial Form No. 54 (Original) and 54-D (owner’s copy).
Important Reminders
ResponsibilitySAFO Database Operator
Timeframe10 minutes
PrerequisitesIndexed Free Patent Applications with the Order of Approval prepared
Resources/ MaterialsJudicial Form No. 54 (Original) and 54-D (Owner’s Copy) Adobe Pagemaker (Digital Judicial Form Template) Computer Printer (Dot matrix) Computer Printer Ink
Other Considerations1. The Patent shall be prepared using Judicial Form number 54 (Original) and 54-D (owners copy) for Free Patents. A computer program using Adobe Pagemaker has been developed for fast and efficient printing of the data into the Judicial Form 2. The Base Camp staff responsible for printing FPA information on the Judicial Form must not lose or waste any of the form since it is expensive and is also an accountable form 3. Cancelled Judicial Forms should not be disposed (it is to be reported as wastage and returned to CENRO). Double-check information as they appear in the computer screen and produce trial prints first to be checked before finally printing on the Form. 4. Only dot matrix printers shall be used in printing into the JF. Never use bubblejet, inkjet and laser printers. 5. Patents to be issued over conjugal properties (if in doubt, check notation in the application form and the final investigation report) should be issued under the name of the spouses and reflected in the Judicial Form as “Spouses Juan and Maria dela Cruz.” 6. Patent to be issued in the name of heirs should be reflected in the Judicial Form as “Heirs of Juan de la Cruz represented by Juana de la Cruz.” Do not forget to indicate the name of the representative of the heirs. 7. It is not necessary to indicate the name of the spouse of the representative of the heirs on the patent, therefore, the blank space after “married to” should be marked “ married single, widow, widower, legally separated, annulled” as the case maybe, depending on the civil status of the representative.
OutputsJudicial Forms Prepared and Printed
Guidelines/Procedure
1.Encode the following information into the Digital Judicial Form Template (Adobe Pagemaker)
·Patentee
·Lot Number
·Location of Parcel
·Address of Patentee
·FP Application Number
·Technical Description
2.Check the documents before printing; make sure that middle initials are reflected in the information and that all relevant spaces or blanks in the Judicial Form have been filled out.
3.Print one trial prints
4.Print Final Judicial Form
Step 7: GE Signing of Judicial Form
To verify and acknowledge the accuracy and reliability of the technical description, the signing of the Judicial Form shall be done by the SAFO Geodetic Engineer.
Important Reminders
ResponsibilitySAFO Geodetic Engineer
Timeframe5 minutes
PrerequisitesFree Patent Applications with Judicial forms prepared and printed
MaterialsBallpen
Other ConsiderationsGeodetic Engineer should use black ink in affixing their signatures
Outputs1. Accuracy and reliability of the technical description verified and acknowledged by the SAFO Geodetic Engineer. 2. Signature of the SAFO Geodetic Engineer affixed in the Judicial Form.
Guidelines/Procedure
1)Basecamp GE affixes his/her signature to the Judicial Form to verify and acknowledge the accuracy and reliability of the technical description.
Step 8: Consistency Check
This Step serves as the penultimate Quality Assurance (QA) mechanism for the FPA review process. The Objective is to check if the contents of the application since the preliminary screening are consistent.
Important Reminders
ResponsibilitySAFO Land Management Officer
Timeframe15 minutes
PrerequisitesSigned Free Patent Judicial Form
Resources/ MaterialsBallpen White-out
OutputsFree Patent Applications reviewed by the SAFO Land Management Officer
Guidelines/Procedure
a)Review the contents and attached documents of the carpeta
b)Review the attached additional required documents
c)Check whether the Adjudicator followed the procedures outlined in the preliminary screening.
Step 9: Final Screening
This Step serves as the final Quality Assurance (QA) mechanism for the FPA review process. The Objective is to perform a final review of the Free Patent Application, and indicate subscription to the Final Investigation Report of the adjudication.
Important Reminders
ResponsibilitySAFO Leader
Timeframe5 minutes
PrerequisitesFree Patent Applications reviewed by the SAFO Land Management Officer
MaterialsBallpen
Other Considerations1. Every entry in the Judicial Form should be consistent with the entries on the BL Forms 2. The Administrative Officer subscribes to the Final Investigation Report. If the Administrative Officer is contractual, the Deputy SAFO leader subscribes to the Final Investigation Report.
OutputsFinal screening of Free Patent Application performed by the SAFO Leader
Guidelines/Procedure
Check on the completeness of the Free Patent Application
Check correctness of entries on the Judicial Form and Order of Approval
Sign the endorsement at the back of the Final Investigation Report
Countersign the Judicial Form and the Order of Approval
Step 10: Photocopying and Segregation of FPA for Transmittal to PENRO
After Final Screening, the Project photocopies and segregates the Free Patent Applications prior to their transmittal to the PENRO.
Important Reminders
ResponsibilitySAFO Administrative Assistant
Timeframe10 minutes
PrerequisitesFree Patent Application reviewed and signed by SAFO Leader
Resources/ MaterialsPhotocopying Machine, Ink Staple Wire Remover Stapler,Staple Wire
Other ConsiderationsMake sure to produce clear copies of Judicial Form and Order of Approval.
OutputsPatents for transmittal to PENRO photocopied and segregated
Guidelines/Procedure
1.Photocopy 4 copies of the Judicial Form and Order of Approval
2.Arrange transmittal in the following order:
a.Order of Approval
b.Judicial Form
c.BL Form V-19
d.Technical Description
e.Miscellaneous Report and Corresponding Order (for Applications with pending previous applications)
f.Final Investigation Report
g.Application Form
h.Notice of Application for Free Patent
i.Joint Affidavit in Support of Free Patent Application
j. Affidavit
k.Other Supporting Documents
l.
3. Attach original copies and photocopies of Order of Approval to
the patents
4. Attach photocopy of Judicial Forms to the duplicate copies of
FPAs
Step 11: Document Pagination of the Carpeta
Once the FPA is ready for transmittal to the PENRO, the Project proceeds to indicating paginations on all documents in the Carpeta.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe10 minutes
PrerequisitesPhotocopies and segregated Free Patent Applications
Resources/ MaterialsBallpen Staple Wire Remover Stapler, Staple Wire
Other Considerations1. Write document number on the photocopied Judicial Form only. 2. Do not write anything in the Original Judicial Form (No. 45) and the Owner’s Copy (No. 54-D)
OutputsAll documents of the Carpeta numbered
Guidelines/Procedure
1)Number each and every page of the documents in the Carpeta.
2)Indicate the number of pages on the Carpeta cover, i.e., “this Carpeta contains 10 pages.”
Step 12: Transmittal to PENRO
The final Step for the FPA Review and Processing Module is the transmittal of the application to the PENRO for approval.
Important Reminders
ResponsibilitySAFO Administrative Assistant
Timeframe30 minutes to 3 hours depending on the distance of the SAFO to the PENRO
PrerequisitesPhotocopies and segregated Free Patent Applications
Resources/ MaterialsVehicle Computer Printer, Ink
Other Considerations1. Ensure that complete and correct entries are encoded 2. Ensure that complete addresses and contact numbers are encoded
OutputsPatents for transmittal to PENRO prepared Patents transmitted to PENRO
Guidelines/Procedure
1)Arrange patents for transmittal by barangay
2)Arrange applications alphabetically
3)Arrange barangays alphabetically
4)Encode patent details (see Appendix ___, Transmittal to PENRO Form)
5)Send patents to PENRO
ASSESSMENT:
After the presentations and exercises in this module the participants will be required to:
1. Conduct pre-screening of new Free Patent Application.
2. Process old/ pending Free Patent Application.
3. Answer the following :
a.What is a Free Patent?
b.What are the steps in review and screening of Free Patent Application?
c.What are documents included in the Free Patent Application?
d.What are the difference in the process of review and screening of new and old applications?
e.What is public land verification? Landholding investigation?
f.What is a technical description of a parcel of land? How is it prepared/done? Who prepares thew technical description? What are the data or reference used in the preparation of the technical description?
g.How are Free Patent application entered and indexed in the CENRO and PENRO files?
h.Who prepares the judicial forms for the Free Patent Application?
i.What is document pagination of the carpeta? Why is it necesasary?
j.Why is final screening necessary? What are the procedure in the final screening of the document?
This module introduces the participants to the process of reviewing required documents attached to Free Patent Applications. Along with the review process is the preparation of judicial form order of approval. Exercises in performing consistency check and final screening will also be undertaken by the participants.
GOALS OF THE MODULE:
This module helps the participants to develop their knowledge and skills in processing and reviewing of Free Patent Application (FPA), and therefore facilitate the issuance of land title to claimants. The topic includes the steps in performing preliminary and final screening of FPAs,
LEARNING OBJECTIVES:
Upon completion of this module the participants will be able to :
a.Follow procedure in preliminary screening of the FPA;
b.Conduct Land holding investigation
c.Prepare Technical description
d.Perform the different steps in processing Free Patent Application
e.Prepare Judicial form
f.Prepare order of Approval
g.Perform Consistency check
h.Perform Final screening
LEARNING CONTENTS:
A. STEPS IN FREE PATENT REVIEW AND PROCESSING
Step 1: Preliminary Screening
The first step for FPA Review and Processing is the conduct of Preliminary Screening. This is done to ensure the completeness and correctness of the application for Free Patent prepared by the Adjudicators.
In reviewing the documents in the application, check if the following are present:
a)Accomplished and signed Public Land Application
b)Signed Affidavit of the applicant for a Free Patent Application
c)Signed Affidavit of Two Disinterested Persons supporting the Free Patent Application
d)Copy of the Notice of Application for a Free Patent
e)Signed Certification of Posting of the Notice of Application
f)Signed Final Investigation Report
g)Copy of latest Tax Declaration (if available and appropriate)
h)DAO - 2000-12 (if needed)
1.1 Review the contents of the carpeta.
Check the following entries for consistency in all documents:
a)Name of applicant
b)Lot number
c)Area of lot
d)Location of lot (Barangay and Municipality)
e)Survey number
f)Dates
g)Name of Spouse, if indicated
h)Relevant documents are signed, and signatures are consistent
Check the following entries for correctness:
a)Interview Information Sheet (see attached Sample Interview Form)
b)Duly accomplished FPA (Serialized Form)
c)Notice of Application with Barangay Certification on Posting of Notice
d)Joint Affidavit in support of Free Patent
e)Affidavit of the Applicant for FPA
f)Final Investigation Report
1.2 Review the additional and required attachments of the carpeta. The
following table shows the conditions that would necessitate the
attachment of certain additional documents:
Additional DocumentConditions for Requirement
Deed of Conveyance, Confirmation of Share, Extra-judicial settlement and partitionVaries according to the details of the application/facts of the case.
Joint affidavit of two (2) disinterested persons/ 2 adjoining owners/ Joint Affidavit of Two Barangay Officials/ Barangay Certification Note: If the applicant cannot present any proof of ownership with respect to the lot being applied for, any of these documents can be presented in lieu of any deed of conveyance.· When the survey claimant/ tax declarant is different from and not be related to the applicant · When the survey claimant’s name is found to be a typographical error. · If the survey claimant/ tax declarant is not known or unknown, or lot appears as public land. · When the Deed of Sale is not notarized and the vendor or his/her heirs could no longer be located to confirm the sale
Affidavit of Waiver· No available extra-judicial settlement among heirs · If erroneously listed survey claimant/ tax declarant can still be located · If co-ownership/ partnership exist
Community Tax Certificate (photocopy only) for the current yearRequired for all applications; shows evidence of residency and citizenship
Regional Trial Court (RTC) CertificationOptional. Should be required if the cadastral survey was pre-war survey and/or the municipality has undergone cadastral proceedings (judicial titling) in the past. Also required if the applied lot is subject for subdivision and correction survey.
Barangay CertificationIf the applied lot is subject for subdivision and correction survey
A&D CertificationRequired for all applications; proof that the land has been classified as alienable and disposable for at least thirty years prior to the time of application.
Latest Tax Declaration/Field Assessment Appraisal Sheet (FAAS) Copy issued by the Municipality
Tax Receipt/Tax ClearanceThis requirement is not mandatory. If available, get photocopy. Any tax information is to be obtained from the municipality and not a burden placed on the applicant. This serves as additional proof of who is paying the real property taxes due on the land when the tax declaration is still in the name of the predecessor-in-interest.
Affidavit of Sole Heir/Self-adjudicationRequired only if the applicant is the sole heir of a deceased original owner or immediate predecessor-in-interest, and the applicant wants the title to be in his/her name.
Duly filled-out Information SheetRequired for all applications
Death Certificate for application in the name of HeirsOptional
For all Applications with Old Pending Applications, the following tasks shall be done:
a.Review the attached additional required documents
b.Retrieve old pending applications and conduct confirmatory report with findings and recommendations
c.Based on the findings, reject or continue processing the old application. If to continue, return the application unrecorded (RUR). Order should be issued to the effect.
Additional Requirements for Old Pending Application:
a)Final Confirmatory Report
b)Corresponding Order
If application passes preliminary screening:
a)Record in the daily journal
b)Forward application to records officer for receiving and numbering
c)Record the date and time on the application tracking sheet.
If application does not pass the preliminary screening:
a)Return to the adjudicator for compliance
b)Reasons why application did not pass the preliminary screening should be clearly stated in the remarks column on the carpeta.
Step 2: Public Land Verification
After Preliminary Screening, the Project now proceeds to Public Land Verification. The objective of this Step is to ensure non-coverage of the application by previous pending applications.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe10 minutes
PrerequisitesFree Patent Applications screened by the SAFO LAND Management Officer
Resources/ MaterialsBallpen Allocation book Application Registry Book Lot Index Old Pending Applications (if needed)
Other ConsiderationsConduct random cross-checking of entries using one of the data sources (?)
OutputsStatus of Free Patent Application verified
Procedure
1)Check status of generated FPAs in the allocation book
2)Check status of generated FPAs in the application registry book
3)Check status of generated FPAs in the lot index
4)If the FPA is covered by a previous pending application, locate the old pending application and attach it to the current application; and return the document to the Adjudicator for preparation of the corresponding miscellaneous report and order.
Step 3-A: Landholding Investigation
An investigation of FPA applicants’ landholdings ensues after Public Land Verification. The Objective of this Step is to investigate the landholdings of an applicant such that, as per CENRO records, they do not exceed 12 hectares.
Important Reminders
ResponsibilitySAFO Landholding Verifier
Timeframe10 minutes
PrerequisitesVerified Free Patent Applications
Resources/ MaterialsSAFO Land Holding Sheet Aggregate Land Holding Status Sheet Ballpen A&D Certification Stapler, Staple Wire Fax Machine, Ink, Paper Printer, Ink Computer
Other Considerations1. The verification of the aggregate landholding status of every applicant should be done by a duly designated landholding researcher/verifier who shall be in constant coordination with the one preparing the landholding sheet at the Base Camp. Coordination shall be made on a day-to-day basis so as not to delay the processing of application. 2. While waiting for the aggregate landholding status of applicants from the CENRO, A&D certification should be secured by the SAFO from the CENRO. 3. When securing A&D certification: a) for aggregate areas less than 50 hectares, the A&D certification shall be approved by the CENRO; b) for aggregate areas exceeding 50 hectares, the A&D Certification shall be approved by the PENRO. A&D certification is issued through one-time certification. If there is a portion in the barangay classified as timber, mineral and other inalienable lands, per-parcel certification shall be secured.
Outputs1. Landholdings of Free Patent applicants investigated 2. BL Forms V-19 Printed
Procedure
1)List all FPAs needing Landholding Verification utilizing attached form (see Appendix __)
2)Fax and/or email Form to the CENRO-designated Landholding Researcher/ Verifier for the landholding status of every applicant
3)Encode all landholdings in the form
4)Print and sign BL Form Number V-19, and attach it to the PLA
Step 3-B: Research and Preparation of Technical Description
The preparation of the technical description ensures that the survey of the parcel applied for is accurate and approved. The preparation of the technical description should be prepared utilizing all available data obtained from available and approved survey records.
Important Reminders
ResponsibilitySAFO Technical Description Researcher
Timeframe15 minutes
PrerequisitesVerified Free Patent Applications
Resources/ MaterialsLot Data Computation Photocopying Machine Ballpen Computer Printer, Ink Cadastral Index Maps Consolidated Cadastral Maps Stapler, Staple Wire
Other Considerations1. The technical description, including the date of survey and date of approval of survey, is inputted directly to the Narrative Technical Description Form stored in Project computers. These data will be sourced from the either the Lot Data Computation sheets or the Lot Description and Cadastral Map, whichever is available. 2. It is recommended that the format be in Microsoft Excel for easier deleting and inputting of data. The Excel format also includes a program for the computation of Tax Declaration closure, as well as the sketch of the lot that will be automatically generated once all bearings and distances of boundary lines are encoded. The default Linear error of Closure should be less than 0.10m. 3. Staff preparing the Tax Declaration shall make a list of parcels requiring A&D certification from the CENRO (using the template in Appendix_). The TD researcher shall attach the A&D certification to the FPA.
Outputs1. A&D Certification secured 2. Technical description and narratives prepared
Guidelines/Procedure
a)Obtain list of lot numbers to be researched
b)Photocopy the Lot Data Computation.
c)Print digital copies of the subject lot from the Cadastral Index Maps, if available. If digital copies are not available, photocopy the subject lot from the Cadastral Map
d)Prepare a Narrative Technical Description
e)Print draft Narrative Technical Description, Error of Closure in the computation and the generated sketch of the lot
f)\Attach above documents to the FPA
g)Forward FPA to the SAFO Geodetic Engineer for checking
h)The Base Camp Geodetic engineer shall check and approve the FPA. If errors are found in this step, corrections shall be noted in the draft and referred back for revision.
Step 4-A: Numbering of Free Patent Applications
Upon the preparation of the Technical Description, the Project proceeds to the numbering of FPAs. The Objective is to officially receive and number the application before the conduct of other steps towards FPA processing.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe5 minutes
PrerequisitesFPAs with landholdings investigated
Resources/ MaterialsBallpen Application Registry Book in digital format Stamp ,Stamp Pad, Stamp Pad Ink CENRO Application Registry Book CENRO Index Cards
Other ConsiderationsBefore applications are numbered, the Application Registry Book needs to be encoded into digital format preferably by the CIM, preferably using MS Excel. This is so that the entries under the name of the applicants can be arranged alphabetically. This shall enable the records officer to readily assign the application number.
OutputsNumbered Free Patent Applications
Guidelines/Procedure
1.Stamp FPA submission
2.Stamp PLA verification on the FPA
3.Check the Application Registry Book and index cards (CENRO) for last entry
4.Assign the application number following the last entry in the Application Registry Book, and using the following guidelines
Step 4-B: Technical Description Check
This Step refers to the conduct of checking the Technical Description in Free Patent Applications (FPAs) for technical correctness.
Important Reminders
Responsibility SAFO-based Geodetic Engineer
Timeframe 10 minutes
Prerequisites Free Patent Applications with Technical Description and narrative prepared
Resources/ Materials Programmable Calculators Ballpen
Other Considerations Use programmable calculator
Outputs Technical Description checked
Guidelines/Procedure
1)Check encoded Technical Description against the Lot Data Computation
2)Check error of closure if it is within the allowable standard
3)Check sketch plotted and the description of boundaries
4)Check the name of the Geodetic Engineer, the date of survey, the date of survey approval and application number
5)Affix signature
Step 5-A: Indexing of Free Patent Application
This Step aims to prepare and index all Free Patent Applications (FPAs). It also includes indexing of the CENRO Allocation book and the indexing of cards for PENRO files.
Important Reminders
Responsibility SAFO Land Holding Verifier
Timeframe 10 minutes
Prerequisites Numbered Free Patent Applications
Resources/ Materials Ballpen CENRO Allocation Book CENRO General Index Card CENRO Lot Index Card Stapler, Staple Wire
Outputs Indexed Free Patent Applications
Guidelines/Procedure
1)Encode needed data in the index card
2)Print the general and lot index card
3)Attach index cards to the FP application
Step 5-B: Preparation of Order of Approval
This Step presents the process for preparing the Order of Approval for Free Patent Applications. The Order may be signed by the PENRO, Regional Executive Director, and DENR Secretary, depending on the area.
Important Reminders
Responsibility SAFO Database Operator
Timeframe 5 minutes
PrerequisitesFree Patent Applications with verified Technical Description
Resources/ Materials Digital copies of Order of Approval Computer Printer, Printer Ink Stapler, Staple Wire
Other Considerations Heading of the order should be adjusted based on the signatories
Outputs Order of Approval prepared and attached to the Free Patent Application
Guidelines/Procedure
1)For areas 5 hectares and below, the Order of Approval of application and issuance of patent shall be signed by the PENR Officer
2)For areas more than 5 hectares, the Order of Approval of application and issuance of patent shall be signed by the Regional Executive Director
3)For areas 10 hectares and above, the Order of Approval of application and issuance of patent signed by the Secretary of DENR.
Step 6. Prepare and Print Judicial Form
This Step signifies an important stage of the FPA Review and Preparation process, as the Free Patent is drafted using Judicial Form No. 54 (Original) and 54-D (owner’s copy).
Important Reminders
ResponsibilitySAFO Database Operator
Timeframe10 minutes
PrerequisitesIndexed Free Patent Applications with the Order of Approval prepared
Resources/ MaterialsJudicial Form No. 54 (Original) and 54-D (Owner’s Copy) Adobe Pagemaker (Digital Judicial Form Template) Computer Printer (Dot matrix) Computer Printer Ink
Other Considerations1. The Patent shall be prepared using Judicial Form number 54 (Original) and 54-D (owners copy) for Free Patents. A computer program using Adobe Pagemaker has been developed for fast and efficient printing of the data into the Judicial Form 2. The Base Camp staff responsible for printing FPA information on the Judicial Form must not lose or waste any of the form since it is expensive and is also an accountable form 3. Cancelled Judicial Forms should not be disposed (it is to be reported as wastage and returned to CENRO). Double-check information as they appear in the computer screen and produce trial prints first to be checked before finally printing on the Form. 4. Only dot matrix printers shall be used in printing into the JF. Never use bubblejet, inkjet and laser printers. 5. Patents to be issued over conjugal properties (if in doubt, check notation in the application form and the final investigation report) should be issued under the name of the spouses and reflected in the Judicial Form as “Spouses Juan and Maria dela Cruz.” 6. Patent to be issued in the name of heirs should be reflected in the Judicial Form as “Heirs of Juan de la Cruz represented by Juana de la Cruz.” Do not forget to indicate the name of the representative of the heirs. 7. It is not necessary to indicate the name of the spouse of the representative of the heirs on the patent, therefore, the blank space after “married to” should be marked “ married single, widow, widower, legally separated, annulled” as the case maybe, depending on the civil status of the representative.
OutputsJudicial Forms Prepared and Printed
Guidelines/Procedure
1.Encode the following information into the Digital Judicial Form Template (Adobe Pagemaker)
·Patentee
·Lot Number
·Location of Parcel
·Address of Patentee
·FP Application Number
·Technical Description
2.Check the documents before printing; make sure that middle initials are reflected in the information and that all relevant spaces or blanks in the Judicial Form have been filled out.
3.Print one trial prints
4.Print Final Judicial Form
Step 7: GE Signing of Judicial Form
To verify and acknowledge the accuracy and reliability of the technical description, the signing of the Judicial Form shall be done by the SAFO Geodetic Engineer.
Important Reminders
ResponsibilitySAFO Geodetic Engineer
Timeframe5 minutes
PrerequisitesFree Patent Applications with Judicial forms prepared and printed
MaterialsBallpen
Other ConsiderationsGeodetic Engineer should use black ink in affixing their signatures
Outputs1. Accuracy and reliability of the technical description verified and acknowledged by the SAFO Geodetic Engineer. 2. Signature of the SAFO Geodetic Engineer affixed in the Judicial Form.
Guidelines/Procedure
1)Basecamp GE affixes his/her signature to the Judicial Form to verify and acknowledge the accuracy and reliability of the technical description.
Step 8: Consistency Check
This Step serves as the penultimate Quality Assurance (QA) mechanism for the FPA review process. The Objective is to check if the contents of the application since the preliminary screening are consistent.
Important Reminders
ResponsibilitySAFO Land Management Officer
Timeframe15 minutes
PrerequisitesSigned Free Patent Judicial Form
Resources/ MaterialsBallpen White-out
OutputsFree Patent Applications reviewed by the SAFO Land Management Officer
Guidelines/Procedure
a)Review the contents and attached documents of the carpeta
b)Review the attached additional required documents
c)Check whether the Adjudicator followed the procedures outlined in the preliminary screening.
Step 9: Final Screening
This Step serves as the final Quality Assurance (QA) mechanism for the FPA review process. The Objective is to perform a final review of the Free Patent Application, and indicate subscription to the Final Investigation Report of the adjudication.
Important Reminders
ResponsibilitySAFO Leader
Timeframe5 minutes
PrerequisitesFree Patent Applications reviewed by the SAFO Land Management Officer
MaterialsBallpen
Other Considerations1. Every entry in the Judicial Form should be consistent with the entries on the BL Forms 2. The Administrative Officer subscribes to the Final Investigation Report. If the Administrative Officer is contractual, the Deputy SAFO leader subscribes to the Final Investigation Report.
OutputsFinal screening of Free Patent Application performed by the SAFO Leader
Guidelines/Procedure
Check on the completeness of the Free Patent Application
Check correctness of entries on the Judicial Form and Order of Approval
Sign the endorsement at the back of the Final Investigation Report
Countersign the Judicial Form and the Order of Approval
Step 10: Photocopying and Segregation of FPA for Transmittal to PENRO
After Final Screening, the Project photocopies and segregates the Free Patent Applications prior to their transmittal to the PENRO.
Important Reminders
ResponsibilitySAFO Administrative Assistant
Timeframe10 minutes
PrerequisitesFree Patent Application reviewed and signed by SAFO Leader
Resources/ MaterialsPhotocopying Machine, Ink Staple Wire Remover Stapler,Staple Wire
Other ConsiderationsMake sure to produce clear copies of Judicial Form and Order of Approval.
OutputsPatents for transmittal to PENRO photocopied and segregated
Guidelines/Procedure
1.Photocopy 4 copies of the Judicial Form and Order of Approval
2.Arrange transmittal in the following order:
a.Order of Approval
b.Judicial Form
c.BL Form V-19
d.Technical Description
e.Miscellaneous Report and Corresponding Order (for Applications with pending previous applications)
f.Final Investigation Report
g.Application Form
h.Notice of Application for Free Patent
i.Joint Affidavit in Support of Free Patent Application
j. Affidavit
k.Other Supporting Documents
l.
3. Attach original copies and photocopies of Order of Approval to
the patents
4. Attach photocopy of Judicial Forms to the duplicate copies of
FPAs
Step 11: Document Pagination of the Carpeta
Once the FPA is ready for transmittal to the PENRO, the Project proceeds to indicating paginations on all documents in the Carpeta.
Important Reminders
ResponsibilitySAFO Records Officer
Timeframe10 minutes
PrerequisitesPhotocopies and segregated Free Patent Applications
Resources/ MaterialsBallpen Staple Wire Remover Stapler, Staple Wire
Other Considerations1. Write document number on the photocopied Judicial Form only. 2. Do not write anything in the Original Judicial Form (No. 45) and the Owner’s Copy (No. 54-D)
OutputsAll documents of the Carpeta numbered
Guidelines/Procedure
1)Number each and every page of the documents in the Carpeta.
2)Indicate the number of pages on the Carpeta cover, i.e., “this Carpeta contains 10 pages.”
Step 12: Transmittal to PENRO
The final Step for the FPA Review and Processing Module is the transmittal of the application to the PENRO for approval.
Important Reminders
ResponsibilitySAFO Administrative Assistant
Timeframe30 minutes to 3 hours depending on the distance of the SAFO to the PENRO
PrerequisitesPhotocopies and segregated Free Patent Applications
Resources/ MaterialsVehicle Computer Printer, Ink
Other Considerations1. Ensure that complete and correct entries are encoded 2. Ensure that complete addresses and contact numbers are encoded
OutputsPatents for transmittal to PENRO prepared Patents transmitted to PENRO
Guidelines/Procedure
1)Arrange patents for transmittal by barangay
2)Arrange applications alphabetically
3)Arrange barangays alphabetically
4)Encode patent details (see Appendix ___, Transmittal to PENRO Form)
5)Send patents to PENRO
ASSESSMENT:
After the presentations and exercises in this module the participants will be required to:
1. Conduct pre-screening of new Free Patent Application.
2. Process old/ pending Free Patent Application.
3. Answer the following :
a.What is a Free Patent?
b.What are the steps in review and screening of Free Patent Application?
c.What are documents included in the Free Patent Application?
d.What are the difference in the process of review and screening of new and old applications?
e.What is public land verification? Landholding investigation?
f.What is a technical description of a parcel of land? How is it prepared/done? Who prepares thew technical description? What are the data or reference used in the preparation of the technical description?
g.How are Free Patent application entered and indexed in the CENRO and PENRO files?
h.Who prepares the judicial forms for the Free Patent Application?
i.What is document pagination of the carpeta? Why is it necesasary?
j.Why is final screening necessary? What are the procedure in the final screening of the document?