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Miscellaneous Sales Patent Philippines (Land Patent under RA 730)
People who have been living on land that has never been registered can title their land in several ways:
- Miscellaneous Sales Patent (MSP) which we focus on in this article, from process to requirements.
- Residential Free Patent (RFP)
- Agricultural Free Patent (AFP)
- Homestead
These are all applicable if the land never had a title. (You can check this at the Registry of Deeds)
If the land had a title previously and it was lost, then Reissuance must be done.
If the land had a title but the owner died before transferring it to you, then an Extrajudicial Settlement with a Deed of Sale must be done.
If the land had a title and the owner is alive, then a Deed of Sale must be done.
This article focuses on a Miscellaneous Sales Patent under RA 730 and explains if you are eligible, the process, costs and other necessary information.
What is a Miscellaneous Sales Patent?
A Miscellaneous Sales Patent is a document declaring the private sale of public land.
There are 2 types of Miscellaneous Sales Patents:
- Miscellaneous Sales Patent under Chapter IX of CA 141 Public Lands Act which requires bidding.
- Miscellaneous Sales Patent under RA 730 which is a sale without bidding.
A Miscellaneous Sales Patent titles untitled land administratively and avoids the need for court.
For this article, I will focus on the Miscellaneous Sales Patent under RA 730 only.
Please note – a Miscellaneous Sales Patent under RA 730 is only available for untitled land which the LGU and DENRO office has declared available for sale.
If you are trying to title land that is already titled, read our articles on Extrajudicial Settlements for when there is a deceased owner and you are trying to transfer or Deed of Sale for when the owner is alive and you are trying to transfer.
If the situation is more complicated or you need advice specific to your situation, contact us to get in touch with a Land Lawyer.
On what laws is a Miscellaneous Sales Patent in the Philippines (Land Patent under RA 730) based?
Miscellaneous Sales Patents for Land in the Philippines are based on the following laws:
- Commonwealth Act 141 of 1936 which discusses Sales Patents through bidding
- Republic Act 730 which discusses Miscellaneous Sales Patents without bidding
- Presidential decree 2004 removed the bar against encumbrances or disposition of the land after the issuance of the patents.
They are implemented by:
Who can apply for a Miscellaneous Sales Patent to title Land in the Philippines?
To apply for a Miscellaneous Sales Patent, you must:
- Be a Filipino Citizen of Legal Age
- Not own land in the municipality or city where the desired land is
- Must be occupying the land in good faith and constructed and occupied a house
- Land must have a maximum size of 1,000 sqm, but be non-timber, non-mineral and not needed for public service.
- Land must have been declared by the DENR and LGU as available for sale under RA 730
What are the requirements to avail of a Miscellaneous Sales Patent to title Land in the Philippines?
List of Miscellaneous Sales Patent Requirements to title Land in the Philippines:
- CENRO Miscellaneous Sales Patent Application
- Approved Survey/Lot Plan
- Barangay Clearance of No Dispute
- Barangay Certification for Lot Titling and bonafide actual applicant
- Certificate from the Assessor’s office of no property
- Applicants’ ID with current signature and picture
- Geo-tagged photo of the house and land
- Proof of valid claim such as an Extrajudicial Settlement (EJS), Deed of Sale, Deed of Donation, etc.
- Notarized Affidavit of Breadwinner/Income or Support, Affidavit of Marital Consent if applicable, Special Power of Attorney (SPA)
- PSA documents of the applicants and previous owners such as Birth, Marriage, and Death certificates as applicable.
Some documents such as the Certificate of No Property are relatively easy to get.
You just have to go to the office concerned and follow up until you get it (be patient, the government is really slow).
Other requirements such as the Approved Survey and the Proof of Valid Claim to the untitled land – for example, an Extrajudicial Settlement (EJS) – can take months or years.
The survey takes a lot of time because the surveyor has difficulty getting needed information from the DENR.
A surveyor also must get Survey Authority.
Lastly, surveyors will only turn over the documents when they are fully paid. People often have difficulty paying.
The Proof of Valid Claim to the untitled land is also where people often have difficulty.
A common example is an EJS.
If the land was inherited from parents and is now occupied by their children, an EJS is needed.
This EJS has a lot of supporting documents such as the PSA birth, marriage and death documents of the parties involved as well as their IDs. These basic requirements can be difficult to get.
Additionally, the EJS must be signed by all the heirs and must be paid for.
Getting everyone to agree and getting enough money to pay for an EJS can also be difficult for people to comply with.
That is often why untitled land remains without a title – a lot of people fail in these basic requirements or are unable to pay for the help required to get it done.
In many cases, a Land Lawyer can help to guide you in the right direction.
What is the process to avail of a Miscellaneous Sales Patent to title the Land in the Philippines?
The process of a Miscellaneous Sales Patent under RA 730 is much longer than a Residential Free Patent or Agricultural Free Patent and has something like 42 steps, just on the CENRO side.
On your side, the process also has a lot of steps (this is why Land Lawyers charge to do this since it takes so much effort and time to put the requirements together correctly).
I’ll list down a general outline of what you need to do but note that each patent for the sale of untitled land is different. There are going to be additional steps based on your situation.
Miscellaneous Sales Patent Process of Sale for Untitled Land under RA 730:
- Go to the DENR Community Environment and Natural Resources Offices (CENRO) to check the status of the land and whether you should file for a Miscellaneous Sales Patent, a Residential Free Patent or an Agricultural Free Patent.
- CENRO will advise you on the list of requirements needed.
- Gather the list of requirements and submit it to CENRO
- CENRO verifies the application is complete and checks the lot status, survey records and whether or not there have been previous applications.
- Pay the application fee.
- CENRO will prepare BL form V37 and conduct an investigation through the Land Management Inspector (LMI). The LMI will go to the property and prepare posting requirements.
- CENRO will ask you to pay 10% of the purchase price. The balance can be paid at the time of the award or in 10 equal annual payments from the date of the award. These 10 equal payments will bear an interest of 4% per annum.
- When the full payment is received, the LMI will conduct a final investigation of the land by viewing it and doing a final verification.
- If the LMI finds all is in order the CENRO will issue a Miscellaneous Sales Patent which should be sent to the Registry of Deeds (RD)
- The RD will release the Original Owner’s Copy of the Title.
Congratulations!
Your untitled land finally has a title and you are now officially the owner of land in the Philippines.
FAQs on RA 730 or a Miscellaneous Sales Patent of Untitled Land in the Philippines
How much is a Miscellaneous Sales Patent for untitled land in the Philippines under RA 730?
The actual amount that you need to pay depends upon the price of the land being sold as well as the requirements you need to collect.
If an EJS is required, you may need to pay additional fees to draft and pay estate taxes.
If you have problems getting the PSA documents to check out our article Negative PSA Result to see what to do if some documents are missing.
And sometimes, people have trouble getting a valid and acceptable ID.
So, it may cost quite a lot to do this, even though the actual processing fees at the government are not much at all.
How long is a Miscellaneous Sales Patent for untitled land in the Philippines?
In actual practice, a Miscellaneous Sales Patent can take several years before being completed.
If you looked at the process up top, you’ll see that the internal process for CENRO is about 42 steps. There are required comments from several different government offices as well – for instance, the Department of Public Works and Highways (DPWH) and this takes a lot of time.
Another reason it takes so long is that people are unable to get the requirements together.
I’ve mentioned up top how hard it is, and how you need to be able to pay for surveyors or land lawyers if needed.
Money must be ready to avoid delays and also, and you must be able to get things like an EJS signed by all the heirs.
Without that, your application can be very delayed or can stop altogether.
How will I know if my land is available for sale under RA 730?
The DENR and the LGU will post that the land will undergo systematic adjudication under RA 730 for 30 days.
This notice will be posted in the CENRO office.
It will also be posted in the Municipal Hall and the Barangay Hall.
If you are uncertain, you can check at the CENRO office when you first visit to determine the status of the untitled land you wish to claim.
What is the difference between a Miscellaneous Sales Patent vs Residential Free Patent?
Generally, you would use a Miscellaneous Sales Patent when RA 10023 Residential Free Patents is not applicable.
The Residential Free Patent is an easier process and furthermore, does not require you to pay for the land. A Residential Free Patent will only require you to work on the documents needed.
However, a Residential Free Patent is limited in size.
A Residential Free Patent is also limited only to untitled land zoned as Residential.
So, a Miscellaneous Sales Patent under RA 730 is more applicable to your case if the untitled land you are trying to title is larger than the above limits or if it is not zoned residential. Of course, to be able to avail of a Miscellaneous Sales Patent the land must be declared for sale under RA 730.
(Note that if the land is zoned Agricultural, you may try to title through the Agricultural Free Patent process.
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