October 25, 1983
MINISTRY MEMORANDUM CIRCULAR NO. 15-83
SUBJECT : Policy Guidelines on the Disposition and Issuance of Patents Over Public
PREFATORY STATEMENT
These policy guidelines are intended to serve as a basic guide in the distribution and titling of settlement of lots. Moreover, it provides the initial direction towards tenurial development in settlement.
To cope with all possible situations that may evolve in each and every case, related guidelines and standard operating procedures shall be formulated for full and effective implementation.
STATEMENT OF POLICY
The Ministry of Agrarian Reform (MAR) maintains the policy that the benefits under the resettlement program shall be equitably diffused to as many deserving and qualified beneficiaries as possible. To ensure security of tenure, it is the policy of the Ministry to expedite the issuance of land patents/titles to settlers who have complied with the requirements of the law on residence and cultivation.
DISPOSITION OF PUBLIC LANDS
In the matter of disposition of public lands, the following basic policies shall govern:
a) A settler is entitled to one (1) farmlot of not more than six (6) hectares and one (1) homelot of not more than One Thousand (1,000) square meters. However, previous dispositions made prior to September 10, 1971 shall be respected.
The farmlot shall be free of costs. The homelot however shall be paid at One (P1.00) Peso per square meter inclusive of survey and other administrative expenses. HCITcA
b) Townsite lots are classified as residential, commercial and industrial. As a rule, townsite lots shall be disposed of by sale through public auction to the highest bidder but no bid shall be accepted that does not equal the appraised value.
A settler who, prior to the promulgation of this policy, has constructed a house on a residential lot and is actually, residing therein may acquire said lot by direct sale, payable in full or in ten (10) equal annual installments.
Settlers and non-settlers who are qualified to acquire public lands may participate in the bidding. In all cases, a bidder may purchase only one (1) commercial or industrial lot and one (1) residential lot.
ISSUANCE OF PATENTS
Pursuant to the authority granted to the Ministry of Agrarian Reform to issue patents and titles over landholdings of the public domain, the following shall govern:
a) Homestead patents shall be issued for farmlots to settlers who have proved satisfactorily that they have resided continuously for at least (1) year in the settlement and have cultivated at least one-fifth (1/5) of the land.
b) Miscellaneous sales patents shall be issued for residential, commercial and industrial lots in townsites after payment in full of the cost of the land and upon completion of permanent improvements within eighteen (18) months from receipt of the Order of Award. Lots sold through public bidding shall be paid in full within NINETY (90) DAYS from date of issuance of the Order of Award.
Likewise, miscellaneous sales patents shall be issued for homelots in the barrio sites upon payment in full of the cost of the lot, which payment may be made in full or in ten (10) equal annual installments.
c) Free patents shall be issued to settlers who, since July 4, 1945 or prior thereto, have continuously occupied and cultivated the land by themselves or by their predecessors in interest.
Non-settlers who have pending applications for free patents with the Bureau of Lands, shall pursue their applications with said office.
RESTRICTIONS OF TRANSFERABILITY
All public lands distributed by the Ministry to the beneficiaries of the Agrarian Reform Program which are covered by patents issued on or after September 10, 1971, shall be sold only by the said beneficiaries to the Government.
REPEALING CLAUSE
The provisions of paragraph "B" of DAR Memorandum Circular No. 24 dated October 24, 1973 relative to the issuance of Certificates of Land Transfer to beneficiaries in MAR settlement projects are hereby revoked and rendered without further force and effect.
All orders, circulars and memoranda inconsistent or in conflict herewith are hereby modified, revoked, cancelled or amended accordingly.
October 25, 1983, Quezon City.
(SGD.) CONRADO F. ESTRELLA
Minister