June 18, 1952

REPUBLIC ACT NO. 730

AN ACT TO PERMIT THE SALE WITHOUT PUBLIC AUCTION OF PUBLIC LANDS OF THE REPUBLIC OF THE PHILIPPINES FOR RESIDENTIAL PURPOSES TO QUALIFIED APPLICANTS UNDER CERTAIN CONDITIONS

SECTION 1. Notwithstanding the provisions of sections sixty-one and sixtyseven of Commonwealth Act Numbered One hundred forty-one, as amended by Republic Act Numbered Two hundred ninety-three, any Filipino citizen of legal age who is not the owner of a home lot in the municipality or city in which he resides and who has in good faith established his residence on a parcel of the public land of the Republic of the Philippines which is not needed for the public service, shall be given preference to purchase at a private sale of which reasonable notice shall be given to him not more than one thousand square meters at a price to be fixed by the Director of Lands with the approval of the Secretary of Agriculture and Natural Resources. It shall be an essential condition of this sale that the occupants has constructed his house on the land and actually resided therein. Ten per cent of the purchase price shall be paid upon the approval of the sale and the balance may be paid in full, or in ten equal annual installments. SECTION 2. Except in favor of the Government or any of its branches, units, or institutions lands acquired under the provisions of this Act shall not be subject to encumbrance or alienation before the patent is issued and for a term of ten years from the date of the issuance of such patent, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period. No transfer or alienation made after the said period of ten years and within fifteen years from the issuance of such patent except those made by virtue of the right of succession shall be valid unless when duly authorized by the Secretary of Agriculture and Natural Resources and the transferee or vendee is a Filipino citizen. Every conveyance made shall be subject to repurchase by the original purchaser or his legal heirs within a period of five years from the date of conveyance. Any contract or agreement made or executed in violation of this section shall be void ab initio. SECTION 3. The provisions of the Public Land Act with respect to the sale of lands for residential purposes which are not inconsistent herewith shall be applicable.

SECTION 4. This Act shall take effect upon its approval.

Approved: June 18, 1952

Miscellaneous Sales ApplicationsREPUBLIC ACT NO. 730 is an act permitting sale without public auction of alienable and disposable lands of the public domain for residential purpose.

The application to purchase the land is called the Miscellaneous Sales Application and the corresponding patent is called the Miscellaneous Sales Patent.

WHO ARE QUALIFIED TO APPLY?

1. A Filipino citizen of lawful age, married; if single, applicant must be the head or bread winner of the family; 2. He is not the owner of a home lot in the municipality/city where the land applied for is located; 3. He must have occupied in good faith the land applied for and constructed a house thereon where he/she and family is actually residing.

REQUIREMENTS IN THE FILING OF MISCELLANEOUS SALES APPLICATION UNDER R.A. NO. 730

1. Application Filing fee of P50.00; 2. Approved plan and technical description of the land applied for; 3. Affidavit of the applicant stating that: A. He is not the owner of any other home lot in the municipality/city where he resides. B. He is requesting that the land be sold to him under the provision of R. A. No. 730.

4. If the applicant is single, he must submit an affidavit stating that he is the head or bread winner of the

family; 5. The land is not needed for public use.

MAXIMUM AREA THAT MAY BE GRANTED TO AN APPLICANT

The applicant can only be granted a maximum area of 1,000 square meters.

Presidential Decree No. 2004 dated December 30, 1985 amended Section 2 of Republic Act 730 thus, lands acquired under this Act before and after the issuance of patent thereon are no longer subject to any restriction.

STEPS IN ACQUIRING A MISCELLANEOUS SALES PATENT

1. Filing of application at the CENRO; 2. Investigation and appraisal of the land applied for; 3. Survey of the land if not yet surveyed; 4. Investigation report whether the applicant possesses the qualification for direct sales; 5. Comment and recommendation of the District/City engineer with the concurrence of the Regional Director, Department of Public works and Highways; 6. Recommendation to the PENRO for approval of appraisal and request for authority to sell without public auction; 7. Approval of appraisal and grant of authority to sell by the PENRO; 8. Posting of notice of sale without public auction for thirty (30) consecutive days in the following places: A. CENRO Bulletin board B. Municipal building bulletin board C. Barangay Hall bulletin board

D. On the land itself 9. Submission of the proofs of posting and payment of at least 10% of the appraised value of the land; 10. Order of Award; 11. Proof of full payment of the purchase price of the land; 12. Order issuance of Miscellaneous Sales Patent in Judicial Form No. 167 with the technical description duly inscribed at the back thereof; 13. Approval and signature of the Miscellaneous Sales Patent by the official concerned; 14. Transmittal of the Miscellaneous Sales Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of the Title to the applicant.