Table 10. Qualifications for free and homestead patent applicants.
Qualifications
Age
Free Patent
Homestead patent
No age requirement
At least 18 years, or head of family
Note: If the applicant is a minor, he should
be duly represented by his natural parents
or legal guardian and has been occupying
and cultivating the area applied for either
by himself or his predecessors-in-interest
Note: A married woman can apply (as per
DENR Administrative Order 2002-13)
Citizenship
Natural-born citizen of the Philippines
Citizen of the Philippines
Maximum area of
landholding
Under the Public Land Act (CA 141) of
1936: 24 hectares
Under 1973 Constitution: 24 hectares
Under RA 9176 (Free Patent Law) of 2002:
12 hectares
Note: Under DENR Memorandum Circular
22 dated 20 November 1989, the titling
limit was reduced to 5 hectares in line with
the RA 6657, or the 1988 Comprehensive
Agrarian Reform Law
Under 1987 Constitution: 12 hectares
Occupation of the land
Must have occupied and cultivated the
land for at least 30 years
Must have resided for at least one year
within, or adjacent to the municipality
where the land is located
Cultivation of the land
Land must be fully cultivated
At least 1/5 of the land has been cultivated
within six months from the date of
approval of application
Source: DENR Land Management Bureau (DENR-LMB)
Second, non-A&D lands suitable for agro-forestry are awarded by means of
25-year stewardship agreements – through the issuance of Certificates of
Stewardship Contract (CSCs) to individual families, and CBFMAs to organizations
and local communities. These tenure agreements are renewable for another 25
years.
CBFM aims to provide security of tenure to forest communities in using and
developing forestland and resources for 25 years. CBFM areas are lands classified
as forest lands including allowable zones within the protected areas not covered
by prior vested rights.
DENR in partnership with the LGU is: a) responsible for identifying potential CBFM
sites; b) planning forest land uses with communities; c) endorsing and issuing
CBFMAs; d) organizing and preparing CBFM communities for their CBFMAs;
e) provide technical assistance and skills training for CBFM communities; and,
f ) monitor progress and environmental impact of CBFM activities. As for the
people’s organizations (POs), their roles involving CBFM communities include:
a) joining DENR and LGU in making a forest land use plan and preparing a
Community Resources Management Framework (CRMF) including the mission
and objectives of POs; b) represent the interest of their forest communities; and,
c) protect and maintain forest land entrusted to their stewardship.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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