PE Land Patents
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1. Area limit for emancipation patents 5 hectares if not irrigated & 3 hectares if irrigated 2. Area limit of a free patent 12 hectares 3. Area limit of a special patent 12 hectares 4. Deadline of the period for filing of applications for free patents December 31, 2000 5. Exception to alienation or encumberance of lands acquired under free patent 1. If in favor of government or banks and 2. From date of approval of application & for a term of 5 years from and after date of issuance of the patent or grant 6. Exception to the # of homestead patent allowed When the person has resided continuously for at least 1 year in the municipality where the land is situated and must have cultivated at least 1/5 of the land applied for 7. Ground for action for reconveyance Where patent and COT were acquired in breach of constructive or implied trust 8. Ground for cancellation suit If land covered by patent was a private land 9. Kinds of public land patents homestead patent, free patent, sales patent and special patents 10. Mode of right to repurchase May be expressed in any form or manner 11. Number of homestead patent allowed per person 1 12. Prohibited Acts on Lands Titled Pursuant to Patents 1. Alienation or Encumberance of lands acquired under free patent or homestead patent 2. Alienation, transfer, or conveyance of any homestead after 5 years and before 25 years after issuance of title w/o approval of DENR secretary 3. Taking of properties for satisfaction of debts 13. Qualifications for a free patent 1. Any natural born citizen 2. Who since July 4, 1926 or prior thereto, for at least 30 years prior to the effectivity of RA 6490, has continuously occupied & cultivated... a tract or tracts of land subject to disposition, or 3. Who shall have paid the real estate tax while it has not been occupied yet 14. Qualifications to be a grantee of a homestead patent 1. Citizen of the Philippines 2. Over 18 or head of the family 3. Who does not own more than 12 hectares of land in the Philippines 4. Has not had the benefit of any gratuitous allotment of more than 12 hectares since the occupation of the Philippines by the United States 15. Requisites for an Emancipation Patent Tenant-farmer paid total cost of land, in 15 years of 15 equal annual amortization Became a full-fledged member of a duly recognized farmer's coop 16. Restriction on the Patent Not to be transferable except by hereditary succession or to the government 17. The right to repurchase the land conveyed must be practiced by the owner- vendor in: 5 years from date of conveyance, not from the date of registration in the office of RD 18. Rules on subsequent dealings If not tenanted - must be accompanied by an affidavit that it isn't tenanted If tenanted - affidavit that it is not primarily devoted to the production of rice and/or corn If portion of land is devoted to rice and/or corn and tenanted - no instrument shall be registered 19. Special Patents may be granted to: Non-Christian Filipinos, as long as they have advanced sufficiently in civilization. 20. What are the available actions against improper, illegal issuance of patents? Reversion, Cancellation, Reconveyance Land Patents Study online at quizlet.com/_1s6gg
description
PE Land Patents
Transcript of PE Land Patents
1. Area limit foremancipationpatents
5 hectares if not irrigated & 3 hectares ifirrigated
2. Area limit of a freepatent
12 hectares
3. Area limit of aspecial patent
12 hectares
4. Deadline of theperiod for filing ofapplications forfree patents
December 31, 2000
5. Exception toalienation orencumberance oflands acquiredunder free patent
1. If in favor of government or banksand2. From date of approval of application& for a term of 5 years from and afterdate of issuance of the patent or grant
6. Exception to the #of homesteadpatent allowed
When the person has residedcontinuously for at least 1 year in themunicipality where the land is situatedand must have cultivated at least 1/5 ofthe land applied for
7. Ground for actionfor reconveyance
Where patent and COT were acquired inbreach of constructive or implied trust
8. Ground forcancellation suit
If land covered by patent was a privateland
9. Kinds of publicland patents
homestead patent, free patent, salespatent and special patents
10. Mode of right torepurchase
May be expressed in any form ormanner
11. Number ofhomestead patentallowed perperson
1
12. Prohibited Acts onLands TitledPursuant toPatents
1. Alienation or Encumberance of landsacquired under free patent or homesteadpatent2. Alienation, transfer, or conveyanceof any homestead after 5 years andbefore 25 years after issuance of titlew/o approval of DENR secretary3. Taking of properties for satisfactionof debts
13. Qualifications fora free patent
1. Any natural born citizen2. Who since July 4, 1926 or priorthereto, for at least 30 years prior to theeffectivity of RA 6490, has continuouslyoccupied & cultivated... a tract or tractsof land subject to disposition, or3. Who shall have paid the real estatetax while it has not been occupied yet
14. Qualifications tobe a grantee of ahomestead patent
1. Citizen of the Philippines2. Over 18 or head of the family3. Who does not own more than 12hectares of land in the Philippines4. Has not had the benefit of anygratuitous allotment of more than 12hectares since the occupation of thePhilippines by the United States
15. Requisites for anEmancipationPatent
Tenant-farmer paid total cost of land, in15 years of 15 equal annualamortizationBecame a full-fledged member of a dulyrecognized farmer's coop
16. Restriction on thePatent
Not to be transferable except byhereditary succession or to thegovernment
17. The right torepurchase theland conveyedmust be practicedby the owner-vendor in:
5 years from date of conveyance, notfrom the date of registration in the officeof RD
18. Rules onsubsequentdealings
If not tenanted - must be accompaniedby an affidavit that it isn't tenantedIf tenanted - affidavit that it is notprimarily devoted to the production ofrice and/or cornIf portion of land is devoted to riceand/or corn and tenanted - noinstrument shall be registered
19. Special Patentsmay be granted to:
Non-Christian Filipinos, as long asthey have advanced sufficiently incivilization.
20. What are theavailable actionsagainst improper,illegal issuance ofpatents?
Reversion, Cancellation, Reconveyance
Land PatentsStudy online at quizlet.com/_1s6gg
21. What are the grounds forreversion?
Violations of Sections 118-123 of Public Land ActWhen Land Patented & Titled is Not Capable of RegistrationFailure of the Grantee to Comply with Conditions Imposed by LawWhen Land is Acquired in Violation of the Constitution
22. What is Republic Act 730? Permits the sale without public auction of public lands for residential purposes to any Filipinocitizen of legal age; an exception that sale should be by bidding
23. What lands are covered by a salespatent?
1. Public Agricultural Land of not more than 12 hectares2. Agricultural lands suitable for residential, commercial or industrial purposes
24. Who has right to repurchase? Only the vendor when still living. Upon death, his widow or legal heirs.
25. Who initiates the investigation toinstitute a reversion suit?
Director of Lands or at least with his prior authority & consent
26. Who institutes action forreversion?
Solicitor General
27. Who may be a grantee of a Salespatent?
1. Any citizen of lawful age, or2. Any citizen not of lawful age who is head of a family3. Private corporations or associations are not qualified
