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DENR eases rules on residential land titles
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DENR eases rules on residential land titles

The Department of Environment and Natural Resources (DENR) has issued a memorandum that seeks to speed up the titling of residential lands, noting that untitled properties have led to delays in infrastructure projects as well as land and family disputes.

In a statement on Tuesday, the DENR said Department Administrative Order No. 2025-35 aims to address policy gaps in the implementation of Republic Act No. 10023, also known as the Residential Free Patent Act.

Under the law, any Filipino citizen considered as an actual occupant of a residential land may apply for a free patent title, depending on the size of the area and provided that it is not needed for public use or service.

Proof of occupation

The DENR, however, said many families faced difficulties in applying for land titles as they were unable to provide proof of occupation of the property or continuity of possession.

The agency noted that many people may not be currently living in the residential area that they are trying to get a title for because of their work or marriage, or due to natural disasters such as typhoons.

Under the new memorandum, an actual occupant of a residential area is no longer just the person currently living on the land, but also the “persons who, by reason of employment/marriage are absent from the subject lot.”

Also considered as an actual occupant are those “whose physical occupation of the subject lot is interrupted due to force majeure, fraud or employment of force or intimidation.”

120-day processing

The new guidelines also set a 120-day processing period, allow electronic filing and tracking through the Land Administration and Management System (LAMS), and permit deferred submission of the Land Registration Authority certification for up to 90 days.

The P150 standardized application fee was also retained and the cadastral survey costs removed in a bid to protect applicants, especially low income families, from unauthorized or excessive charges

LAMS is a recently launched computerized information system that consolidates land data and records in the country for quick and easy processing, tracking and retrieval of land information.

LMB Director Emelyne Talabis said the new system cuts the approval of land surveys, which used to take six months to a year, to five working days for simple subdivision surveys with complete requirements.

For fairness

The DENR said the new policy “brings long awaited fairness to households that struggled to secure titles through no fault of their own,” allowing heirs, spouses, returning former Filipinos, and those whose possession of the land was interrupted for valid reasons to apply.

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It noted that millions of Filipinos “still live on land that has been passed down through generations but remains untitled due to rigid rules, unclear requirements, or simple lack of access to government services.”

The lack of land titles have led to long-standing issues in communities regularly hit by typhoons as it complicates reconstruction after a natural disaster, according to the DENR.

It has also caused delays in the construction of infrastructure projects, complications in family inheritance, and has fueled land disputes across the country, it added.

By making land titling more accessible for residents, the DENR also noted that more people will be able to receive assistance when their homes are damaged by calamities.

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