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Finance and Land Reform for Architects

The document outlines key concepts in property law relevant to architects, including types of accession, ownership rights, limitations on ownership, and modes of acquiring property. It details the classification of fruits and products derived from property, the legal implications of hidden treasures, and the government's powers regarding eminent domain and taxation. Additionally, it discusses the legal framework for leasing residential units and grounds for judicial ejectment.

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0% found this document useful (0 votes)
20 views10 pages

Finance and Land Reform for Architects

The document outlines key concepts in property law relevant to architects, including types of accession, ownership rights, limitations on ownership, and modes of acquiring property. It details the classification of fruits and products derived from property, the legal implications of hidden treasures, and the government's powers regarding eminent domain and taxation. Additionally, it discusses the legal framework for leasing residential units and grounds for judicial ejectment.

Uploaded by

roydenniosco
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ARCH 159

Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

MODULE 2 KINDS OF ACCESSION:


- ACCESSION DISCRETA or the rights pertaining
Article 441. To the owner belongs: to the owner of a thing over everything which is
produced thereby such as natural, industrial and
1) The natural fruits
civil fruits
3) The civil fruits
- ACCESSION CONTINUA or the right pertaining
to the owner of a thing over everything which is
FRUITS: things that are produced by or derived from incorporated or attached thereto either naturally
another thing without, in the process, noticeably or artificially
diminishing or altering the substance of that thing. - ACCESSION INDUSTRIAL or which takes place
TYPES in case of building, planting or sowing
- NATURAL FRUITS – spontaneous products of - ACCESSION NATURAL
the soil Which may be through:
- INDUSTRIAL FRUITS – those produced by land o ALLUVION or the accretion which lands
by cultivation or labor adjoining the banks of rivers gradually
- CIVIL FRUITS - revenues derived from a thing by receive from the effects of the current of
operation of law or by reason of a juridical act the river
o AVULSION or the accretion which takes
PRODUCTS: things that are produced or derived place whenever the current of a river,
from another thing and that, in the process, diminish creek or torrent segregates from an
the substance of that thing estate on its bank a known portion of a
TYPES land and transfers it to another estate
- NATURAL PRODUCTS – those that, prior to their
derivation or production, were part and parcel of
or, at the very least, physically united to the thing
from which they were derived or produced.
- CIVIL PRODUCTS - revenues generated by the
transfer of the right to remove natural products or
by the sale of those natural products themselves.

ACCESSION: acquisition of additional property (as


by growth or increase of existing property)

RIGHT TO ACCESSION: The ownership of property gives


the right by accession to everything which is produced
thereby, or which is incorporated or attached thereto
whether naturally or artificially.
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

HIDDEN TREASURE: - Limitations imposed BY SPECIFIC PROVISIONS


Art. 439. By treasure is understood, for legal purposes, OF THE LAW;
any hidden and unknown deposit of money, jewelry, or o Includes legal easement, zoning
other precious objects, the lawful ownership of which regulations, building code, rent control,
does not appear. urban and agrarian reform, subdivision
regulations, escheat.
- Hidden treasure belongs to the owner of the - Limitations imposed BY THE TRANSFEROR OF
land, building, or other property on which it is THE PROPERTY;
found. o Includes voluntary servitudes,
- When the discovery is made on the property of mortgages, pledges, lease and deed of
another, or of the State or any of its subdivisions, restrictions.
and by chance, one-half thereof shall be - Limitations imposed BY THE OWNER HIMSELF;
allowed to the finder. If the finder is a o Includes donation, usufruct.
trespasser, he shall not be entitled to any - Limitations INHERENT IN THE PROPERTY.
share of the treasure. o Ex. co-ownership
- If the things found be of interest to science of the
arts, the State may acquire them at their just
price, which shall be divided in conformity with PD 1067 – WATER CODE OF THE PHILIPPINES
the rule stated.
EASEMENT: A kind of public open space defined under
LIMITATIONS UPON THE RIGHT OF OWNERSHIP: the Water Code and other laws that must be absolutely
- General limitation imposed BY THE STATE in the free of all forms of physical obstructions that can
exercise of its inherent powers. negatively affect natural light and ventilation within such
o POLICE POWER: the right of the State to space or that can impede access to or the full recreational
enact laws or regulations in relation to use of such space by the general public.
persons and property as may promote It is the area that may lie between the legally usable
public health, public morals, public portions of a public or private property and natural or man-
safety, and the general welfare and built bodies of water such as seas, rivers, lakes, esteros,
convenience of the people. canals, waterways, floodways, spillways and the like.
o EMINENT DOMAIN refers to the power
of the State to take private property for Article 51. The banks of rivers and streams and the
public use upon payment of just
shores of the seas and lakes throughout their entire length
compensation. It is expressly provided
and within a zone of three (3) meters in urban areas,
in the New Civil Code that:
twenty (20) meters in agricultural areas and forty (40)
Art. 435. No person shall be deprived of
meters in forest areas, along their margins are subject to
his property except by competent
authority and for public use and always the easement of public use in the interest of recreation,
upon payment of just compensation. navigation, floatage, fishing and salvage. No person shall
Should this requirement be not first be allowed to stay in this zone longer than what is
complied with, the courts shall protect necessary for recreation, navigation, floatage, fishing or
and, in a proper case, restore the owner salvage or to build structures of any kind.
in his possession.
o TAXATION refers to the power of the - PRESCRIBED EASEMENT.
State to impose charge or burden upon in summary:
persons, property, or property rights, o 3.00 M – Urban Areas
for the use and support of the o 20.00 M – Agricultural Areas
government and to enable it to discharge o 40.00 M – Forest Areas
its appropriate functions.
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

MODES OF ACQUIRING OWNERSHIP: need not be in favor of a relative.


- PUBLIC GRANT: The administrative method Even a stranger may acquire title by
of acquiring public lands, such as homestead devise if appropriate disposition has
settlement, free patent and sales patent. been made in his favor by the testator
in the latter’s will.
- PRIVATE GRANT: The voluntary transfer or
conveyance of privately owned property by - RECLAMATION: The filling of submerged
an owner, such as by sale or donation. It is land by deliberate act of the Government. In
the transfer of title to land by the owner the Philippines, there exists no such grant,
himself or his duly authorized representative express or implied, to private landowners. It
to another by mutual consent. The Consent is only the government that can assert title to
of the grantor is an essential element. reclaimed land. However, the government
may declare it property of the adjoining
- VOLUNTARY TRANSFER OF PRIVATE owners and as an increment thereto only
GRANT: The process by which a land is when it is no longer necessary for public use.
transferred with the consent and conformity
of the owner such as by sale or donation. - ACCRETION: The process by which a
riparian land gradually and unperceptively
- INVOLUNTARY ALIENATION OR receives addition made by the water to which
INVOLUNTARY GRANT: The process by the land is contiguous. However, this law
which a land is taken against the consent of cannot be invoked for application to cases
the owner, such as expropriation where the accretion is caused by action of
proceedings, execution of judgment, tax the bay which is a part of the sea, since such
sales and foreclosure. This method of alluvial formation along the seashore is part
transfer does not require the consent or of the public domain and, therefore, not open
cooperation of the owner of the land, since to acquisition by adverse possession by
this is usually carried out against his will. private persons.
o ALIENATION - the transfer of o RIPARIAN – river
property, as by conveyance or will,
into the ownership of another - PRESCRIPTION: When one acquires
ownership and other real rights through the
- DESCENT OR DEVISE: Acquired by virtue of lapse of time in the manner and under the
inheritance, which requires a degree of conditions laid down by law. It is a mode of
relationship. acquisition of title through continuous, open,
o In devise, succession need not be adverse possession in the concept of an
in favor of a relative. Title to the owner for the period fixed by law.
property is transferred by way of will
executed by the Testator. Title by
descent may be acquired by virtue
of hereditary succession to the
estate of a deceased owner . To be
an heir, it requires certain degree or
relationship with the decedent. In the
case of devise, however, succession
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

CLASSES OF ACQUISITION IN THE PHILIPPINES o The government may acquire real


- SPANISH GRANTS: Large blocks of land were property needed as a right of way, site or
granted to the Spanish elite who wished to settle location of projects through:
in the Philippines, and the Filipinos on these land  DONATION
grants became the serfs or tenant farmers of the  NEGOTIATED SALE
Spanish landlords. After a generation or two, CONDITIONS:
these landlords were mostly mestizos. They • All government agencies
created descendants who are now Filipinos and and instrumentalities which
own vast areas of the best agricultural land in the are engaged in public
Philippines infrastructure projects shall
first negotiate with the
- PUBLIC LAND GRANTS: a gift of real estate – owner for the acquisition of
land or its use privileges – made by a government parcels of private land
or other authority as an incentive, means of intended for public use by
enabling works, or as a reward for services to an offering in writing a
individual, especially in return for military service purchase price of 10%
higher than the zonal value
- MINERAL LAND GRANTS: lands usually held by of the said property
a federal government as public lands and • During negotiation, the
valuable for deposits of metals and other minerals landowner shall be given
(as marble, slate, petroleum, asphalt, and guano) fifteen (15) days within
which to accept the
- ACQUISITION UNDER OTHER LAWS amount offered as payment
o POWER OF EMINENT DOMAIN: The for the land.
Philippine government has the inherent • After the aforementioned
coercive authority through its power of period and no acceptance is
eminent domain to acquire private lands made by the landowner, the
for public use needed for national concerned agency shall
projects such as: initiate the expropriation
 GOVERNMENT proceedings, depositing
INFRASTRUCTURE 10% of the offered amount.
 ENGINEERING WORKS
 SERVICE CONTRACTS  EXPROPRIATION
 PROJECTS UNDERTAKEN BY • The government may
GOVERNMENT OWNED AND acquire the property
CONTROLLED through expropriation, in
CORPORATIONS (GOCCs) which the implementing
 BUILD-OPERATE TRANSFER agency shall initiate the
PROJECTS proceedings before the
 OTHER RELATED ACTIVITIES court under these guidelines
REGARDLESS OF THE • The implementing agency
SOURCE OF FUNDING files a complaint and gives
due notice to the owner,
then immediately pays the
owner an amount equivalent
to:
o One hundred percent
of the value of the
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

property based on  Any other mode of acquisition as


current value of the provided by law
property based on
current zonal valuation o BUILD OPERATE TRANSFER: The
of the BIR Build-Operate-Transfer Law, Republic
• The value of Act No. 6957, was approved by the
improvements on the Philippines Senate and the House of
said lot Representatives on July 9, 1990. It
• If there is no zonal authorizes the financing, operation and
valuation, the BIR must maintenance of infrastructure projects by
come up with a zonal the private sector. It is more popularly
valuation within 60 days known as the Build-Operate-Transfer
from the filing off Scheme.
expropriation. If there is  Under this scheme, the
no existing valuation in contractor will construct, finance,
the area and immediate operate and maintain the given
completion is infrastructure facility. The
necessary, the contractor operates this facility,
implementing agency charging the users with the
will immediately pay the appropriate fees, rentals, tolls, or
owner its present charges sufficient to recover its
market value. operating and maintenance
expenses and its investment in
 The court will immediately issue the project and to earn a
to the implementing agency an reasonable rate of profit. This
order to take possession of the facility will be transferred to the
property and start the government agency or local
implementation of the project. government agency concerned
Before the court can issue a Writ at the end of a fixed term, which
of possession, the implementing does not exceed fifty years.
agency shall present to the court
a certificate of availability of BP 877 – THE ACT PROVIDING FOR THE
funds from the proper officials STABILIZATION AND REGULATION OF RENTALS
concerned. If the owner of the OF CERTAIN RESIDENTIAL UNITS AND FOR
private land contests the OTHER PURPOSES.
implementing agency’s
proferred value, the court shall
MODES OF ACCESS TO LAND
determine the just compensation
- LEASE: the amount paid for the use or occupancy
to be paid to the owner within
of a residential unit whether payment is made on
sixty (60) days of the filing of the
a monthly or other basis; may also be called
expropriation
rental.
 The court’s decision becomes
- the consideration that a tenant pays to a landlord
final and executor. If the price
for the use of the premises. It is usually payable in
was contested, then the agency
money but may be paid in services, property or
pays the owner the difference
produce of the land
between the amount already
o RESIDENTIAL UNIT – may be an
paid and the just compensation
apartment, house and/or land on which
determined by the court.
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

o another’s residence is located used for GROUNDS FOR JUDICIAL EJECTMENT


residential purposes. It includes o Leasing or subleasing the whole or part
buildings, and parts and units that are of a residential unit without written
used exclusively as dwelling places, consent of the owner or the lessor
motels, motel rooms, hotels, hotel rooms, o Delay in payment of rent for a total of
boarding houses, dormitories, rooms and three (3) months
bed spaces offered for rent by their o Legitimate need of the owner/lessor to
owners. repossess his property for his own use or
o LESSEE – the person renting the for the use of any immediate member of
residential unit his family, as long as the owner or the
o OWNER OR LESSOR – includes the immediate member is not the owner of
owner, administrators, or agents of the any other available residential unit within
owner of the residential unit the same city or municipality
o SUBLESSOR – the person who leases or o Need to make necessary repairs on the
rents out the residential unit leased to leased premises on the part of the lessor
o him by another owner o Expiration of the lease contract period
o SUBLESSEE – the person who leases or
rents a residential unit from the sublessor - MORTGAGE: The written instrument that pledges
real estate as security for debt. It should be in
OBLIGATION TO PAY RENT writing and must be legal.
o The obligation to pay rent is based upon o A clause for mortgage should pledge the
an agreement by which the landlord real estate property as security for the
allows the use of the premises to the debt incurred and this debt must also be
tenant and the tenant agrees to identified with specified terms of payment
compensate the landlord for its use and o It should include a valid legal description
possession of the property it covers and the borrower
o The obligation to pay by the tenants must have mortgageable interest.
originated from feudal property law Foreclosure terms and conditions are
where a lord granted the use of land to stated and the document must be
his vassal-tenant in return for rent in the properly witnessed, delivered, and
form of various services and produce of accepted
the land .
OTHER INFORMATION THAT MAY BE
AMOUNT OF RENT INCLUDED IN THE DOCUMENT ARE:
o The amount of rent to be paid to the o Monthly Payments
landlord I determined by the parties o Interest rate
involved. The landlord will always seek o Maturity of mortgage
the highest rent possible, though he is o Deeds and legal conveyances
limited by the competition of other o The estate subject to the mortgage
comparable units in the area. The tenants o Leasehold interest or fee simple estate
will always seek the unit that is within their o Easements, right of way, etc.
ability to pay for.
DEFINITION OF TERMS
o MORTGAGOR – the lender
o MORTGAGEE – the borrower
o MORTGAGE CONSTANT – for a
mortgage providing for monthly
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

payments, the mortgage constant is 12 TYPES OF MORTGAGES


times the monthly instalment according to priority of liens
o FORECLOSURE – the right of the lender o SECOND MORTGAGE FINANCING –
to confiscate mortgages property if the when a property having been mortgaged
borrower cannot pay his obligation already has been subjected to another
o REDEMPTION – transaction by which the mortgage to pay off the first
borrower reacquires or buys back the o PURCHASE MONEY MORTGAGE –
property mortgaged when a mortgage is used as substitute for
cash and is given to the seller as part of
MORTGAGE COVENANTS the purchase price
o The borrower shall pay the principal and
interest when due classified by repayment plan
o The borrower shall pay all taxes, o TERM MORTGAGE – limited to short
assessments and other charges periods three to five years
o The borrower shall keep the o LEVEL PAYMENT AMORTIZATION –
improvements now existing or hereafter mortgage payments are constant, with
erected on the property insured against the amounts accumulating to principal
loss by fire and other hazards and interest values with each payment
o The borrower shall keep the property in and interest is calculated against the
good repair and shall not commit waste remaining balance
o The lender may make reasonable o AMORTIZE – to pay money that is owed
inspections of the property for something (such as a mortgage) by
o Upon payment of all sums secured by the making regular payments over a long
mortgage, the lender shall release the period of time
mortgage without charge to the borrower o VARIABLE PAYMENT AMORTIZATION
– calls for constant payment to principal
RIGHTS OF THE MORTGAGOR o PARTIALLY AMORTIZED MORTGAGE
o EQUITY OF REDEMPTION: The right to – means a portion of the principal is to be
recover the property mortgaged upon amortized plus the total sum due at
payment of the debt due the lender maturity of the loan
o STATUTORY RIGHTS OF o FLEXIBLE PAYMENT MORTGAGE –
REDEMPTION: The owner of the allow payment for less than the amortized
mortgaged property may redeem the title mortgage
of the property at any time during the
statutory period upon payment of the sale according to type of property
price o PACKAGE MORTGAGE FINANCING –
o PREPAYMENT PRIVILEGES: If the includes personal property
market interest rates fall below the rate o BLANKET MORTGAGE – covers more
charged under a long-term mortgage, the than one parcel of land
borrower has an incentive with another o PARTICIPATION MORTGAGE – allows
lender at a lower interest rate several lenders to participate in the
o mortgage
o CONSTRUCTION MORTGAGE –
construction loans to finance new
building
o construction
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

o WRAPAROUND MORTGAGE – second WHO CAN OWN LANDS IN THE PHILIPPINES?


mortgage that includes existing - GENERAL RULE: Only Filipino citizens and
mortgage Corporations/Partnerships where at least 60% of
the Authorized Capital Stocks (ACS) of which is
KINDS OF FORECLOSURE owned by Filipino citizens.
o JUDICIAL – where the Court decides the
terms of foreclosure should the lender However the following are the cases wherein the
decide to file a case against the borrower. abovementioned rule can be excused:
o EXTRA-JUDICIAL – when the lender - Property is acquired prior to the effectivity of
grants a power of attorney to a bank For the 1935 Constitution
example, the bank forecloses on the - Acquisition by hereditary succession being the
property and then auctions it off and the legal heir
borrower has a chance to buy it back., the - Acquisition of not more than 40% interest in a
lender cannot recover extra dues owed condominium project pursuant to R.A. 4726
him - Former natural born citizen of the Philippines
who became a citizen of another country but is
- CONDOMINIUMS: an interest in real property now returning to the Philippines to reside
that consists of a separate interest in a unit in a permanently, subject to limitations under BP 185
residential, industrial, or commercial building and and RA 8179
an undivided interest in common directly or - Filipina who marries a foreigner but retains her
indirectly, in the land on which it is located and in Philippine citizenship can acquire and own land.
other common areas of the building.
NATURAL CITIZENS OF THE PHILIPPINES ARE:
- OTHER PROPERTY PAYMENT SCHEMES: may - Citizens of the Philippines at the time of the
include trust deed financing, leasehold financing, adoption of the 1987 Constitution
and real estate sales contracts. - Those whose fathers or mothers are citizens of
o Trust deed financing will involve the long- the Philippines (any parent)
term promissory note identifying - Those born before January 17, 1973, of Filipino
principal, interest rate, terms of mothers, who elect Philippine citizenship upon
repayment, and includes a third party, reaching the age of majority (18 years old) – born
who acts as a trustee. anywhere in the world
o Leasehold financing will involve a long
term lease. Real estate sales contracts NATURAL BORN CITIZENS ARE THOSE:
involve the seller, who retains the title to - Born in the Philippines
the property and grants possessory - Those born of Filipino mothers and non-
rights to the buyer until contract Filipino father who elect Philippine citizenship
payments end. upon reaching the age of majority
- Naturalized under Naturalization Law
- Citizens of the Philippines who marry aliens but
have not renounced their Phil. Citizenship
- Those who acquired dual citizenship
- Those who acquired derivative (origin or
descent) citizenship
- The unmarried child, legitimate or not or
adopted, below 18 years of age, of those who re-
acquire Philippine citizenship upon effectivity of
this Act shall be deemed citizens of the
Philippines.
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

- - BP 8179 (March 16, 1982): Former natural born


- Section 7 of Art. XII of 1987 Constitution states citizens of the Philippines who has lost his
that a natural born citizen of the Philippines who citizenship may be transferee of a private land up
has lost his Phil. citizenship may be a transferee to a maximum area of 1,000sqm in case of urban
of private lands subject to limitations provided by land and 1 hectare for rural to be used as his
law residence; In case of married couples, only one
may avail and if both the total area should not
RULES REGARDING FORMER NATURAL BORN exceed the maximum herein fixed
FILIPINO CITIZENS ACQUIRING LANDS IN THE
PHILIPPINES - RA 8179 (March 28, 1996): 5,000sqm urban
- Mode of acquisition may be through both land/ 3 hectares rural land for business or other
VOLUNTARY DEEDS (sale or donation) and purposes
INVOLUNTARY DEEDS (foreclosure, execution,
tax delinquency sale) - RA 9225 (August 29, 2003): Aliens may re-
. acquire Filipino citizenship
MAXIMUM AREA ALLOWED
- If the purpose is for residence:
o 1,000 square meters of urban land LAND REGISTRATION: A judicial or administrative
o 1 hectare of rural land proceeding whereby a person’s claim of ownership
- If the purpose is for business over a particular land is determined and confirmed
(refers to the use of land primarily, directly and
or recognized so that such land and the ownership
actually in the conduct of business or commercial
thereof may be recorded in a public registry
activities in the broad areas of agriculture,
industry and services, including the lease of land
WHAT IS THE BEST EVIDENCE OR PROOF OF
but excluding the buying and selling thereof)
OWNERSHIP OVER A PARCEL OF LAND?
o 5,000 square meters of urban land
- The best evidence of ownership is the certificate
o 3 hectares of rural land
of title duly issued by the Register of Deeds
concerned. However, in the absence of a title, tax
declaration coupled by actual possession and
CAN ALIENS ACQUIRE LANDS IN THE
existence of improvement also substantiate claim
PHILIPPINES? for ownership.
- GENERAL RULE: Aliens are not qualified to
acquire land in the Philippines. TORRENS TITLE: The certificate of ownership issued by
the Land Register of Deeds, naming and declaring the
Exceptions: owner of the real property described therein, free from
- Aliens may acquire private land by inheritance all liens and encumbrances except such as may be
- PD 713 (May 27, 1975): Allows Americans who expressly noted thereon or otherwise reserved by law
were formerly Filipino citizens, Americans who
became permanent residents of the Philippines
and Americans who have resided in the
Philippines continuously for at least 20 years and
are in good faith had acquired private residential
lands for family dwelling purposes in the
Philippines prior to July 3, 1974 to continue
holding such lands and transfer ownership over
the same to qualified persons or entities.
ARCH 159
Practice and Governance IV: Finance, Taxation, Civics and Land Reform for Architects
First Long Exam Coverage

HOW CAN ONE ACQUIRE A TITLE? If the applicant is single, he must
FOR ORIGINAL REGISTRATION, WHEN NO TITLE HAS submit an affidavit stating that he
YET BEEN ISSUED OVER A PARCEL OF LAND, IT CAN is the head or bread winner of the
BE ACQUIRED EITHER BY: family;
- JUDICIAL PROCEEDINGS - by filing petition for  The land is not needed for public
registration in Court. use.
- ADMINISTRATIVE PROCEEDINGS - filing an MAXIMUM AREA THAT MAY BE GRANTED
appropriate application for patent (e.g. TO AN APPLICANT
homestead) in the Administrative body (DENR) o The applicant can only be granted a
and registration of this patent becomes the basis maximum area of 1,000 square meters.
for issuance of the Original Certificate of Title by
the Register of Deeds.
- - BY LEASE: the amount paid for the use or
occupancy of a residential unit whether payment
CLASSIFICATION OF PUBLIC LANDS is made on a monthly or other basis; may also be
- ALIENABLE OR DISPOSABLE (A & D Lands) - called rental.
those that can be acquired or issued title. Our
constitution provides that only agricultural lands - BY FREE PATENT OR ADMINISTRATIVE
can be disposed of to private citizens. LEGALIZATION: A free patent is a mode of
- NON-ALIENABLE LANDS - includes timber or acquiring a parcel of alienable and disposable
forest lands, mineral lands, national parks. No title public land which is suitable for agricultural
can be issued over any portion within this area. purposes, thru the administrative confirmation of
imperfect and incomplete title.
MODES OF ACQUISITION OF A & D LANDS
- BY HOMESTEAD PATENT: a mode of acquiring
alienable and disposable lands of the public
domain for agricultural purposes conditioned
upon actual cultivation and residence.
- BY SALES PATENT: The application to purchase
the land is called the Miscellaneous Sales
Application and the corresponding patent is
called the Miscellaneous Sales Patent.
REPUBLIC ACT NO. 730 is an act permitting sale
without public auction of alienable and disposable
lands of the public domain for residential purpose.

REQUIREMENTS IN THE FILING OF


APPLICATION UNDER R. A. NO. 730
o Application Filing fee of P50.00
o Approved plan and technical description
of the land applied for
o Affidavit of the applicant stating that:
 He is not the owner of any other
home lot in the municipality/city
where he resides.
 He is requesting that the land be
sold to him under the provision of
R. A. No. 730.

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