Free Patent Application on Inherited Land After an Extrajudicial Settlement

Philippine Legal Context – 2025 Complete Practitioner Guide

Disclaimer: This material is for information only and does not constitute legal advice. Always verify the latest issuances and consult counsel or the DENR before acting.

1 Overview

When heirs inherit untitled, alienable & disposable (A & D) agricultural land, they may perfect title administratively by applying for an Agricultural Free Patent after executing an Extrajudicial Settlement of Estate (EJS). This article synthesizes all governing statutes, regulations, timelines, documentary requirements, and practical tips as of 18 June 2025.

2 Governing Laws & Key Issuances

Instrument	Salient Points	Notes
Commonwealth Act 141 (Public Land Act, 1936)	§§ 44-45 authorize free patents to “natural-born Filipino citizens who, for at least 30 years, have continuously occupied and cultivated agricultural lands”	Foundational; still in force
Republic Act 6940 (1990)	Shortened the required possession from 30 → 20 years	Automatic benefit to heirs when tacking predecessor’s possession
DENR Adm. Order (DAO) 2002-13	Harmonized field procedures for patent processing	Superseded in parts by DAO 2010-12
DAO 2010-12 (Revised Regulations on Free Patents)	Standard forms, sketch plan standards, adjudication flow	Still primary processing manual
RA 11231 (Agricultural Free Patent Reform Act, 2019)	Removes 5-year sale/encumbrance restrictions; patents now immediately alienable/mortgageable	Boosts land-based credit access
RA 11573 (2021)	“Strengthening the Juidicial Confirmation of Imperfect Titles and Free Patent Processes” – allows simultaneous CENRO investigation & PENRO approval; clarifies that Proof of A & D classification may be via certified DENR land classification map, CADASTRAL map, or CLUP zoning cert.	Streamlines timeline
Rules on Extrajudicial Settlement (Rule 74, Rules of Court)	Conditions: (i) no will, (ii) no outstanding debts or creditors are paid, (iii) heirs all of legal age or minors represented, (iv) publication × 3 weeks	Must precede patent filing
Tax Code, as amended (NIRC)	Estate tax return & clearance prerequisite	Estate tax amnesty (RA 11956, extended to June 14 2025) may still apply

3 Step 1 – Extrajudicial Settlement of Estate (EJS)

Draft Deed of EJS with Partition & Waiver (if any). Identify the agricultural parcel(s) using the latest Tax Declaration, Lot/Survey No., and metes-and-bounds.
Heirs’ Signatures & Acknowledgment before a notary.
Publication in a newspaper of general circulation once a week for three consecutive weeks.
Estate Tax Compliance – file return within one year from decedent’s death (amnesty deadlines supersede). Obtain Electronic Certificate Authorizing Registration (eCAR) from BIR.
Local Transfer Taxes & Documentary Stamp Tax – paid at the LGU Treasurer/Registry of Deeds (ROD).
Secure New Tax Declarations per heir or in common, reflecting undivided shares pending patent.

Practical Tip: Attach a Pro Forma Extrajudicial Settlement Bond only if personal properties are involved; for land alone, bond is generally waived.

4 Step 2 – Confirm Land is A & D and Untitled

Check	How
Land Classification	Request certified LC map & LC project number from DENR-LMS or CENRO; or secure LGU CLUP/Zoning Certification declaring the lot agricultural & A & D.
Title Verification	Negative results from (a) ROD certified title search; (b) DENR patent register; (c) court records for pending land registration cases.
Actual Possession Period	Aggregate the decedent’s + heirs’ cultivation years. Minimum 20 continuous years counts if RA 6940 applied; otherwise 30. Possession need not be personally by each heir if via predecessor.

5 Step 3 – Documentary Requirements for Free Patent

Original & 3 duplicate copies of the Duly Notarized Deed of EJS (with proofs of publication).
Approved Cadastral/Subdivision Plan or Alienable-and-Disposable Land Sketch Plan (Delineated by a licensed Geodetic Engineer; Survey Claimant’s Report attached).
Joint Affidavit of Continuous Possession & Occupation (2 disinterested witnesses).
Tax Declaration(s) in the names of the heirs.
DENR-LMS Certification that the land is within the alienable and disposable block.
Community Environment & Natural Resources Office (CENRO) Certification that the parcel is free from conflicting claims, forestland overlap, or protected-area status.
Barangay Certification of actual residence and cultivation.
Estate Tax eCAR + LGU tax clearance.
Birth/Marriage Certificates to prove heirship / natural-born citizenship.
Photographs – panoramic & ground, signed at the back by the GE & applicant.

Note: Minor heirs may file through a natural guardian; attach guardian’s sworn authority.

6 Step 4 – File & Process the Application

Stage	Office & Timeline (per DAO 2010-12 / RA 11573)	Action
Docketing	CENRO, Day 0	Accept application; assign docket number & receive fees (very minimal)
Investigation & Parcel Verification	CENRO, Days 1-30	Field inspection, GPS reading, public posting on Barangay Hall for 15 days
Report & Recommendation	CENRO → PENRO, Days 31-45	Endorse for approval/denial
Approval & Patent Preparation	PENRO (or DENR Regional Executive Director for >5 ha), Days 46-60	Sign Free Patent; generate Patent Sketch
Transmittal to Registry of Deeds	PENRO, Days 61-70	Forward all instruments
Registration & Torrens Title Issuance	ROD, within 15 working days of receipt	Collect registration fees & annotate liens (if any)

Actual durations vary by region, but RA 11573 mandates total processing not to exceed 120 calendar days.

7 Post-Patent Concerns

Immediate Alienability/Mortgageability – RA 11231 removed the 5-year prohibition & 2-year repurchase right (for free patents issued after 15 Aug 2019).
Estate & Partition Issues – Once the patent is registered, the land may still be titled in the names of the heirs in common. To partition later, file a deed of partition and secure derivative titles.
Overlap or Opposition – Aggrieved parties may file an Administrative Re-Opening (DAO 2010-13) within 1 year or a Civil Action for Reconveyance/Annulment within 4 years from issuance.
Subsequent Conveyances – Patent title is equivalent to an Original Certificate of Title (OCT); subsequent transfers use the same ROD process as any Torrens land.

8 Special Topics & Frequently Asked Questions

8.1 May heirs file individually rather than jointly?

Yes—after executing both the EJS and a Subdivision Survey allocating specific lots to each heir. Each heir files a separate patent over his/her allocated portion.

8.2 Is a court order required?

No, unless (a) a compulsory heir refuses to sign the EJS, (b) there is a dispute on legitime, or (c) one heir is incapacitated and guardianship must be established judicially.

8.3 What if the land exceeds 12 hectares?

Free patents are limited to maximum 12 ha per qualified natural person. Excess area must be dealt with via Judicial Confirmation of Imperfect Title (land registration case) or left untitled.

8.4 Can the heirs lease the land while the patent is pending?

Yes—possession remains with them; but any long-term lease (>10 years) should acknowledge that title is still administrative and may require DENR conformity.

8.5 Do agriculturally-oriented corporations formed by the heirs qualify?

No—free patents are strictly for natural persons. However, heirs may incorporate after titling; the corporation may then acquire the land (now privately owned) subject to constitutional land-ownership caps.

9 Common Pitfalls & How to Avoid Them

Pitfall	Prevention
EJS not published or wrong newspaper	Obtain DENR list of accredited papers; keep original publisher’s affidavit & clippings
Survey overlaps neighboring claim	Hire a seasoned GE; conduct joint onsite monuments with neighbors
Tax clearance missing	Coordinate early with BIR & LGU; estate tax amnesty documentation must be complete
Minor heir ignored	Secure DSWD-approved guardianship or Court approval of compromise
Application lapses due to inactivity	Follow up every month; get routing slip updates; use RA 11032 (Ease of Doing Business Act) to demand compliance

10 Timeline at a Glance (Illustrative)

Day  0–30 : Draft & notarize EJS, pay taxes, publication
Day 31–60 : Secure survey & DENR certifications
Day 61    : File Free Patent at CENRO
Day 61–90 : Investigation & postings
Day 91–120: PENRO approval & ROD registration
Day 121   : Receive OCT in heirs’ names

11 Practical Checklist

Deed of Extrajudicial Settlement + Publication proofs
Estate Tax eCAR & Local Tax clearance
Approved Survey Plan (Lot PSD-____)
LC Map extract / A & D Certification
Joint Affidavit of Possession
Barangay & CENRO Certifications
2 pcs 2×2 photos per heir
Valid IDs (for natural-born status)

Keep three sealed folders: (1) originals for ROD; (2) DENR file; (3) personal archive with certified copies.

12 Conclusion

An Agricultural Free Patent remains the fastest, most cost-effective route to perfecting title over untitled inherited agricultural lands—provided heirs (a) settle the estate extrajudicially, (b) document continuous possession, and (c) meticulously follow DENR protocols. With RA 11231 & RA 11573, the process is now quicker and the patented land enjoys full marketability from day one, positioning heirs to leverage their newly-titled asset for credit, investment, or secure inter-generational transfer.

Need tailored guidance? Consult the CENRO covering the locality or engage a land-specialist lawyer/GE to shepherd the application from survey to title release.