Dear Atty. Chris,

I have been residing on this residential lot for 13 years already. Lately, I have learned that the lot is now untitled. Can I apply for the title of this lot? Will my years of stay matter? Thank you, Attorney.

Grace

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Dear Grace,

For your information, the law that addresses your situation is Republic Act (RA) 10023, otherwise known as “An Act Authorizing the Issuance of Free Patents to Residential Lots.” Sections 1 and 3 of the Act provide:

“Section 1. Qualifications. — Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not needed for public service and/or public use.

“Section 3. Application. — The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources and a technical description of the land applied for together with supporting affidavit of two disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least 10 years and has complied with the requirements prescribed in Section 1 hereof.”

It is clear from the cited provision that a Filipino citizen, who is an actual occupant of a residential lot not exceeding 750 square meters in municipalities, may apply for free patent title. Thus, you may secure a free patent title of your residential lot as long as you comply with the requirements of Section 3 as above stated.

Hope this helps.

Atty. Chris Liquigan