Revised Guidelines for the Issuance of Free Patents to Residential Lands under Republic Act No. 10023

DENR Administrative Order No. 2025-35

Subject: Revised Guidelines for the Issuance of Free Patents to Residential Lands under RA 10023

Signed: December 10, 2025 . Published: Daily Tribune, December 23, 2025 . Acknowledged: ONAR, U.P. Law Center, January 14, 2026

Legal Basis

Executive Order No. 192, s. 1987; RA 10023 (Residential Free Patent Act); and RA 11032 (Ease of Doing Business Act). Repeals DAO 2010-12, DAO 2010-25, DMC 2010-11, and DAO 2019-11.

Scope

Untitled alienable and disposable public lands zoned residential or mixed use by LGU ordinance (at enactment of RA 10023, under the current zoning ordinance, or at filing), including zoned residential areas in proclaimed townsite reservations, delisted military reservations, abandoned military camps, and LGUs or townsites that predate the NIPAS law.

Section 5. Area Limitations

Excess areas are disposed of by sale under RA 730. LGU income class at the time of filing governs.

Section 6. Qualifications

• Filipino citizen (including those who reacquired citizenship); at least 18 years old, or a minor represented by parents or legal guardians.
• Actual occupation, residence, and continuous possession for at least 10 years, personally or through a predecessor-in-interest. Absence due to employment, marriage, force majeure, fraud, or intimidation does not break occupation, and a structure on any part of a subdivided mother lot satisfies the structure requirement for all subdivided lots.
• Not an RFP awardee in the same municipality or city. Awardees may apply in another LGU, provided total landholdings do not exceed 12 hectares.

Section 8. Requirements

Application form (Annex A, or A-1 for spouses), PHP 150 application fee, one documentary stamp, joint affidavit of two disinterested persons or barangay certification on 10-year occupation, proof of citizenship, SPA if by representative, and a Certification of Land Status from the LRA or court clearance. The LRA certification may be submitted within 90 calendar days of filing (non-submission leads to rejection without prejudice) and may be waived for lots under a cadastral subdivision plan if no judicial titling petition was filed. DENR supplies the survey plan, technical description, and geotagged photos.

Filing and Processing

• Filed at the CENRO, Implementing PENRO, or DENR-NCR LPDD, personally, by email (PDF), or by courier. Spouses may file jointly, with the patent issued to "Spouses" followed by both names.
• Preliminary assessment within 3 working days; acceptance and LAMS upload; the 120-day processing period starts from the SMS (or mailed) notice of acceptance.
• 15-day posting at the municipal building and barangay hall, with geotagged photos; investigation using a carpet or systematic approach for contiguous lots; report within 7 working days after posting.
• PENRO or RED approval within 5 working days of endorsement; transmittal to the Registry of Deeds within 5 working days of approval.
• The period is tolled by a protest or a request for substitution by heirs or transferees, which is resolved within 5 working days.

Other Provisions

• Transfer restrictions under Sections 118 to 123 of CA 141 do not apply to RA 10023 patents.
• No cadastral cost is charged.
• Pending Miscellaneous Sales Applications and Townsite Sales Applications (if not yet bid) may be converted to RFP applications; MSA payments already made are forfeited.
• Applicants commit to demarcate applicable easements.

Effectivity

Takes effect fifteen (15) days after publication and upon filing with ONAR.

Signed by Secretary Raphael P.M. Lotilla. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.