Page 15 - Property Rights in the Philippine A Time and Cost Study_July 2017
P. 15
DISCUSSION AND ANALYSIS
Delays
1. Many of the delays have to do with access and availability of data from DENR’s files. These
delays occur in both the Systematic Adjudication and the Sporadic Adjudication, as DENR
searches its legacy data files to see whether lots applied for can be titled (Sporadic) or to find the
lots in a Barangay that could be titled (Systematic). In processing a subdivision survey, the
Geodetic Engineer has to first secure maps and Lot Data Computation from DENR - which
requires the Regional Office to search through its own records of surveys. The CENRO
Processing stage, when CENRO officials review all land and survey records related to lots applied
for, is most affected by delays related to accessing their own data.
2. The most significant delay is with the submission of required documents, either in
Systematic or Sporadic Adjudication. Because of the perceived (and experienced) complexity
of this process, many applicants either opt for “Package Deals” (thereby increasing cost) or
discontinue their application. At this stage, (especially for Sporadic Adjudication), the DPLI has
little accountability for helping the applicant as the progress of each application is known only to
himself and the applicant, not even to the CENRO.
3. There is no standard list of documents required by the DPLI of CENRO. While there are
basic requirements (approved survey plan with technical description; affidavit of two disinterested
parties; application form; LGU Zoning certificate; and Regional Trial Court Clearance), additional
requirements vary for different cases.
4. Subdivision Surveys also cause delay, for at least two reasons. First, before they can start the
subdivision survey, they have to secure a Survey Authority and retrieve land records from the
Regional Office relevant to the lot to be surveyed. Second, they have to submit a number of
supporting documents. An informant from the LIO of Municipality of Carmen in Surigao del Sur
said that the application is usually delayed due to delayed approval of survey returns.
5. “Handover” gaps take place when: 1) PENRO endorses the free patent to the ROD, without
notifying the applicant. As a result, the applicant is unable to immediately comply with ROD
requirements); and 2) the ROD has completed registration, and is unable to inform the applicant.
6. Compliance with ROD registration requirements. As mentioned, the most important
requirement is the Tax Declaration in the name of the applicant. Assessors usually do not issue
this unless there is proof of ownership (a certified true copy of the PENRO-issued free patent is
acceptable to most) and outstanding real property taxes, interests and penalties are paid. So the
delay in this case is determined by the applicant’s ability to pay her real property taxes.
From application to registration, Free Patent titling in the Philippines can take up to 315 days. This
duration assumes that it will take up to 60 days to comply with all requirements, that a subdivision survey
is needed and that it will take another 60 days to get the approved results of the survey, and that CENRO
will take the entire allowed period of 120 days to process the application.
A better scenario is where required documents are secured within 30 days, no subdivision survey
is needed, and CENRO takes only about 10 days to process the application. This would involve about 115
days.
15
