INTEGRATE. PROPEL. SUSTAIN
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
Lesson Plan
PREREQUISITE:

   I. OBJECTIVES:

At the end of the session the participants will be able to:

1)Apply procedures and guidelines in conducting preliminary screening
2)Conduct public land verification
3)Conduct land holding investigation
4)Prepare technical description
5)Prepare Judicial form .
6)Perform Consistency check
7)Conduct final screening of FPA’s

II. RESOURCES:
1)Allocation book
2)Application Registry Book
3)Lot Index
4)Old Pending Applications
5)Lot Data Computation
6)Photocopying Machine
7)Ballpen
8)Computer
9)Printer
10) Computer Printer Ink
11) Cadastral Index Maps
12) Consolidated Cadastral
Maps
13) Stapler with Staple Wire
14) Application Registry Book
in digital format
15) Documentary Stamp
16) Stamp Pad
17) Stamp Pad Ink
18) CENRO Application
Registry Book
19) CENRO Index Cards

III. PREPARATION:

After the approval of survey returns, the Free Patent Application may now be processed and the corresponding approved technical description of the lot must be finalized and inscribed in the title. This will be the basis for the issuance of the Certificate of Ownership.

IV. PRESENTATION

A. STEPS IN REVIEWING AND PROCESSING OF FPA’S

1.Conduct the Preliminary Screening of FPA’s

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.

The SAFO Land Management Officer is responsible for the conduct of the preliminary screening of FPA’s.

a. Review the contents of the carpeta. Check if the following
    documents are present:
1)Accomplished and signed Public Land Application
2)Signed Affidavit of the applicant for a Free Patent Application
3)Signed Affidavit of Two Disinterested Persons supporting the Free Patent Application
4)Copy of the Notice of Application for a Free Patent
5)Signed Certification of Posting of the Notice of Application
6)Signed Final Investigation Report
7)Copy of latest Tax Declaration (if available and appropriate)
8)DAO - 2000-12 Report (if lot borders a body of water)
         
  b. Check the following entries for consistency in all
      documents:
           
1)Name of applicant
2)Lot number
3)Area of lot
4)Location of lot (Barangay and Municipality)
5)Survey number
6)Dates
7)Name of Spouse, if indicated
8)Relevant documents are signed, and signatures are consistent

c. Check entries to the following documents for accuracy:
1)Interview Information Sheet (see attached Sample Interview Form)
2)Duly accomplished FPA (Serialized Form)
3)Notice of Application with Barangay Certification on Posting of Notice
4)Joint Affidavit in support of Free Patent
5)Affidavit of the Applicant for FPA
6)Final Investigation Report
7)Land Classification must be within alienable & disposable zone.

d. Review the additional and required attachments of the
    carpeta.

    The   following table shows the conditions that would
   necessitate  the attachment of 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 year- Required 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

e. For all Applications with Old Pending Applications, the following shall be  done:
1)Review the attached additional required documents- Final Confirmatory Report and Corresponding Order
2)Retrieve old pending applications and conduct confirmatory report with findings and recommendations
3)Based on the findings, reject or continue processing the old application.  If rejected, return the application unrecorded (RUR). Order should be issued to the effect.

f.1 If application passes preliminary screening:
1)Record in the daily journal
2)Forward application to records officer for receiving and numbering
3)Record the date and time on the application tracking sheet.
 
f.2 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.

    2. Conduct Public Land Verification
After Preliminary Screening, follows Public Land Verification. The objective of this step is to ensure non-coverage of the application by previous title patent. The SAFO Records  Officer  is responsible for this activity.



a)Check status of generated FPAs in the allocation book
b)Check status of generated FPAs in the application registry book
c)Check status of generated FPAs in the lot index
d)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. If already patented returned the application to the adjudicator.

           3. Conduct 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. The Landholding Verification is handled by the SAFO Landholding Verifier.

a)List all FPAs needing Landholding Verification utilizing relevant  form.
b)Fax and/or email Form to the CENRO-designated Landholding Researcher/ Verifier for the landholding status of every applicant
c)Encode all landholdings in the form. Always save the encoded
d)Print and sign BL Form Number V-19, and attach it to the PLA 

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 SAFO. Coordination shall be made on a day-to-day basis so as not to delay the processing of application.

While waiting for the aggregate landholding status of applicants from the CENRO, A&D certification should be secured by the SAFO from the CENRO. This can be done in two ways:
a)By whole barangay if applicable
b)By selection listing of lots if portions are timberland in a given barangay.

4. Prepare Technical Description
The preparation of the technical description ensures that the survey of the parcel applied for is accurate and approved.  The technical description should be prepared utilizing all available data obtained from available and approved survey records.
a)Secure the  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;

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.

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.

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.

The SAFO 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.

           5. Number  Free Patent Applications
Upon the completion of the Technical Description, the next activity is the numbering of FPAs.  The Objective is to officially receive and number the application before the conduct of other steps towards FPA processing. This the responsibility of the SAFO Records Officer.

Before applications are numbered, the Application Registry Book needs to be encoded into digital format by the CIM, preferably using MS Excel to facilitate entry of the applicants name alphabetically. This shall enable the records officer to readily assign the application number.
a)Stamp FPA submission
b)Stamp PLA verification on the FPA
c)Check the Application Registry Book and index cards (CENRO) for last entry
d)Assign the application number following the last entry in the Application Registry Book, and using the following guidelines

Please see sample FPA

   6. Technical Description Check
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

    7. 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. The SAFO Landholding Verifier is responsible in this activity.
a)Encode needed data in the index card;
b)Print the general and lot index card; 
c)Attach index cards to the FP application;

     8. Prepare Order of Approval of Free Patent Applications

The Order of Approval may be signed by the PENRO, Regional Executive Director, and DENR Secretary, depending on the area covered by the application:
a)For areas 5 hectares and below, the Order of Approval of application and issuance of patent shall be signed by the PENR Officer
b)For areas more than 5 hectares, the Order of Approval of application and issuance of patent shall be signed by the Regional Executive Director
c)For areas 10 hectares and above, the Order of Approval of application and issuance of patent signed by the Secretary of DENR.
d)Assign Patent Entry No.

      9. Prepare and Print Judicial Form
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. This is the responsibility of the Database Operator.

The SAFO 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.

Cancelled Judicial Forms should not be disposed, it is to be reported as spoiled and returned to CENRO.  Double-check information as they appear in the computer screen and produce trial prints first for editing  before printing on the Form.

Only dot matrix and laser printers shall be used in printing into the Judicial Form.

Never use bubblejet, inkjet printers. This will stain or blot once in contact with water.

Patents to be issued over conjugal properties should be issued under the name of the spouses and reflected in the Judicial Form as “Spouses Juan and Maria dela Cruz.” However, if in doubt, check notation in the application form and the final investigation report.

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.

a)Encode the following  information into the Digital Judicial Form Template (Adobe Pagemaker)
I.Patentee
II.Lot Number
III.Location of Parcel
IV.Address of Patentee
V.FP Application Number
VI.Technical Description

b)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.
c)Print one trial prints for final checking. (optional for beginners)
d)Print Final Judicial Form.

10. Sign 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.

a)SAFO GE affixes his/her signature to the Judicial Form to certify the accuracy and reliability of the technical description.

11. Check Consistency of entries and documents with the
      preliminary screening results.

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 is consistent.with the preliminary screening, and the data in scripted in the judicial form.

I2. Conduct  Final Screening of FPA


This is 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.

This step is under the responsibility of the SAFO leader. He/she must:
1)Ensure that every entry in the Judicial Form is consistent with the entries on the BL Forms
2)The Administrative Officer subscribes to the Final Investigation Report.
3)If the Administrative Officer is contractual, the Deputy SAFO leader subscribes to the Final Investigation Report.

In final screening of the FPA the SAFO leader:
a)Check on the completeness of the Free Patent Application and basis of the claim of ownership
b)Check correctness of entries on the Judicial Form and Order of Approval
c)Sign the endorsement at the back of the Final Investigation Report
d)Countersign the Judicial Form and the Order of Approval

13. Prepare Photocopies and Segregate copies of FPA for
                Transmittal to PENRO

After Final Screening, prepare photocopies and segregate the Free Patent Applications for  transmittal to the PENRO.

a)Prepare 4 photocopies of the Judicial Form and Order of Approval
b)Arrange transmittal in the following order:
I.Order of Approval
II.Judicial Form
III.BL Form V-19
IV.Technical Description
V.Miscellaneous Report and Corresponding Order (for Applications with pending previous applications)
VI.Final Investigation Report
VII.Application Form
VIII.Notice of Application for Free Patent
IX.Joint Affidavit in Support of Free Patent Application
X.Affidavit
XI.Other Supporting Documents
c)  Attach original copies and photocopies of Order of Approval
    to the patents
d)  Attach photocopy of Judicial Forms to the duplicate copies of
    FPAs

        14.  Document Pagination of the Carpeta

Once the FPA is ready for transmittal to the PENRO, indicate page numbers on all documents in the Carpeta. This is the responsibility of the SAFO Records Officer.

1)Number every page of the documents in the Carpeta. 
2)Indicate the number of pages on the Carpeta cover, as “this Carpeta contains 10 pages.”

15. Transmittal to PENRO

The final Step for the FPA Review and Processing Module is the transmittal of the application to the PENRO for approval.
The SAFO Administrative Assistant is responsible for ensuringthe completeness and correctness of the encoded addresses and contact             numbers of the owners.

a)Arrange patents for transmittal by barangay
b)Arrange applications alphabetically
c)Arrange barangays alphabetically
d)Encode patent details (see Appendix ___, Transmittal to PENRO Form)
e)Send patents to PENRO.

V. Monitoring and Evaluation Arrangements

a)Approval of Patent
1)After endorsement of the Free Patent Application by the SAFO or CENRO to the PENR Office, the Project Manager then approve the application and transmit the same to the One-Stop-Shop for registration and issuance of title.

b)Registration and Issuance of Title
1)The OSS Manager also registers and schedule for the distribution of title to the land owners

VI.  FOLLOW-UP

Answer the following

1. Enumerate the steps in the Pre-Screening of FPA’s
2. What is a LEAST FREE PATENT APPLICATION?
3. Name at 5 documents listed in the carpeta.
4. What is public land verification?
5. What is a technical description? What the contents or features of the technical      description?
6.Given the necessary data/information, simulate the conduct of land verification      and landholding investigation