The “Pre-application” Phase

CENROs receive free patent applications only when supporting documents are complete. Record Officers then assign a unique Application Number to the application. They use this Application Number in creating a record for the application in the PLA LAMS  information system (Public Land Application Land Administration Management System). This record, which can’t be deleted, stands as proof that the application has been accepted by the CENRO. 

CENRO has 120 days to act on the application. When the PENRO receives the CENRO’s endorsement, he has up to five days to approve or disapprove the application. Because DENR managers can view the application’s record, they can monitor its progress.

So once an application has been recorded in LAMS, it has a permanent record, it has to be acted upon by CENRO and PENRO officials, it has a prescribed duration for processing, and it’s status can be monitored.

This is not the case with the “pre-application phase”.  This phase refers to the time before the CENRO receives the application. It starts when the lot occupant first signifies his intent to apply for a free patent, usually by signing the Application Form. It ends when he submits the last required supporting document. 

Incomplete applications are not recorded in the CENROs in any uniform or standard manner - hence, their progress can’t be monitored by DENR managers. Only the DPLI and the applicant know about applications at this stage. There is no prescribed period or time limit for completion of supporting documents.

How long does the pre-application phase last?

It depends on a) the number of required documents, and b) the applicant’s capability to produce them. For some applicants this could be one or two weeks. For others this could take much longer.

The difficulties encountered by applicants in securing supporting papers are varied. Some are unable to pay required fees for certain documents (e.g., the Planning Officer’s certification). Some are unable to convince a sibling to waive his/her rights to the lot.  Perhaps communication between the applicant and the DPLI has broken down (they could be separated by several towns, constrained by difficult and expensive transportation options).

When applicants don’t have sufficient interest, knowledge and werewithal to produce these papers, they give up. The application dies even before it is received.

So how many applications have “died" this way? Nobody really knows. As mentioned earlier, there are no standard and official record-keeping of all these claims. It seems that generally applications made by those who have less resources or knowledge are more likely to be aborted in the pre-application phase.

There are four things that could be explored to make it easier for applicants to successfully navigate the pre-application phase.

First, there has to be a policy requiring the recording of incomplete applications. This could take the form of an amendment to DENR’s Records Management Manual of DENR. Recording pre-applications would enable DENR managers to know which are in danger of turning into cold cases - and to take corrective action.

Second, DPLIs and applicants should have better information about supporting documents - what is needed for which situation. Minimizing and clarifying the required documents would hopefully make it easier for applicants to complete her application. Local government partners could help here, as could volunteer lawyers or paralegals.

Third, both the DPLI and the applicants should be supported in their joint effort to produce supporting papers. Local government partners could serve as a sort of liaison between the two, as they are closer to applicants and can also visit CENROs on a regular basis.

Fourth, the DPLI could be equipped with better tools to record required information (which now include geo-tagged photos) and to keep track of incomplete applications. These tools could make the data available to managers in DENR so that they can monitor the progress of pre-applications. 

This is where “PLA Mobile” could help.

PLA Mobile is a tablet App that we are working on, with support from the Omidyar Network, to help DPLIs gather and record data in the field.  LGU and DENR DPLIs who tested it last November are enthusiastic about its usefulness. They suggested some tweaks which should be in place within a few weeks. 

PLA Mobile comes with a desktop utility for storing and printing form-based data. This makes it easier for DPLIs to print some of the more common supporting documents using data gathered from the field, thus helping applicants complete their required documents.  

This also raises the possibility that sometime in the future data from PLA Mobile can be aggregated in an online database. DENR managers can then access this data  to see how pre-applications are moving along. For example, they could generate “Aging” reports showing which applications have been in this phase for the longest time.

These four interventions could help increase the number of claims that turn into complete applications - and consequently into more free patents for qualified Filipino lot occupants.