Special Patents

Requirements on the issuance of Deed of Sale Under Special Patents

Special Patents are issued over alienable or disposable public lands pursuant to special laws. Some of the special laws promulgated for the issuance of special patents are the following:

Republic Act No. 4123 - An Act authorizing the Director of Lands, under the direction of the Secretary of Environment and Natural Resources, to sell certain alienable or disposable lots located in Pandacan (known as Estero de Ganado), City of Manila, to present and actual occupants.;

Republic Act No. 1361, as amended by Rep. Act No. 5941 - an Act authorizing the President of the Philippines to sell the National Government Cottages in Baguio City, and the lots on which they are situated and the furniture and equipment thereat.;

Presidential Decree No. 1766 - a Presidential Decree conveying certain parcels of land of the public
domain to the National Development Corporation (NDC) for priority projects, previously reserved for
the use of the Company under Proclamation No. 1939.;

Rep. Act No. 3117 - An Act providing for the subdivision of the San Nicolas Foreshore into lots and
the sale of said lots to their leases or to the nbonafide occupants of said lands/lots and for other purposes.;

Presidential Decree No. 1085 - A PD transferring/conveying/assigning administration and disposition of certain reclaimed lands to the Public Estates Authority (PEA), a government entity created under PD No. 1084.;

Presidential Decree No. 757 - A PD authorizing the National Housing Authority (NHA) to develop,
administer and dispose lots reserved for SIR program pursuant to LOI 555 and 557.;

Special patent may also be issued pursuant to a deed of exchange whereby a private property is
traversed by a government structure or used by a government agency for public purpose. Upon mutual agreement, the government, pursuant to R.A. 926, may exchange, subject to certain conditions, public land with the private property after having ascertained and certified that the government property is no longer needed for any other public purpose or purposes.

Special Patents, likewise, may also be issued to a government entity or instrumentality, over
alienable or disposable lands covered by a Presidential Proclamation by virtue of another
Proclamation, Executive Order or upon promulgation of a special law or Act of Congress authorizing
the issuance thereof.

Requirements on the Issuance of Special Patent
Filing with the DENR-CENRO concerned of application and/or submission of written request
of the applicant for the issuance of a special patent.;

Preliminary investigation report to ascertain whether the land involved is suitable for the
purpose to which it will be devoted; whether the name is free from claims and conflicts and
to determine under what existing special law the land is to be disposed of.;
Submission of the written comment and recommendation of related offices concerned
(DPWH, DOH, PPA, etc.);

Submission of certified technical description and/or approved plan of the land applied for;
Verification and validation of the technical descriptions and/or approved plan of the land by
the Chief, Geodetic Surveys Division.

Preparation of the proposed special patent and the typing of the technical description thereof
at a separate sheet/page. Preparation also of Complete Staff Work (CSW).;
Checking, validation and signing of the technical descriptions by the Chief, Geodetic Surveys Division.

Revision of, and affixing the initial on, the proposed special patent and related form/written matters/papers by the authorized Land Management Officers of the Reservation and Special Land Grants Section.;

To be forwarded to the Office of the Staff of the Chief, Land Administration and Utilization Division, for final revision and initial/signature on the proposed special patent and related papers/documents.;
To be forwarded to the Office of the Assistant Director of Lands Management Bureau for revision and
initial/signature on the proposed special patent and related papers/documents.;

To be forwarded to the Office of the Director of Lands Management Bureau for review and initial/signature on the proposed special patent and related papers/documents.;

To be forwarded to the Records Management Division for numbering and transmitting the proposed
special patent with related papers to the DENR Secretary for his signature and approval or for his
endorsement to the President for his signature and approval.;