Natural Resources

Refer to material objects of economic

value and utility to man produced by
nature
Constitutes the patrimony of the nation

Sec. 2, Art. 12 of the 1987 Constitution

All lands of the public domain, waters,
minerals, coal, petroleum, and other
mineral oils, all forces of potential enerfy,
fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are
owned by the State. With the exception of
agricultural lands, all natural resources
shall not be alienated. The exploration,
development, and utilization of natural
resources shall be under the full control of
the state. The state may enter into coproduction, joint venture or production
sharing agreements with Filipino citizens,
or corporations or associations at least 60
percentum of whose capital is owned by
such citizens. Such agreements may be for
a period not exceeding 25 years, renewable
for not more than 25 years, and such terms
and conditions as may be provided by law.
in cases of water rights for irrigation, water
supply, fisheries, or industrial uses other
than the development of water power,
beneficial use may be the measure and limit
of the grant.
The state shall protect the nations marine
wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively
to Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority subsistence fishermen and
fishworkers in rivers, lakes, bays and
lagoons.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large scale exploration, development and
utilization of minerals, petroleum and other
mineral oils according to the general terms
and conditions provided by law, based on
real contributions to the economic growth
and general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
The President shall notify the Congress of
every contract entered into in accordance

with this provision, within 30 days from its

execution.
Lands of the public domain; how classified
Sec. 3, Art. 12 of the 1987 Constitution
Lands of the public domain are classified
into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands
of the public domain may be further
classified according to the uses to which
they may be devoted. Alienable lands of the
public
domain
shall
be
limited
to
agricultural lands. Private corporations or
associations may not hold such alienable
lands of the public domain except by lease,
for a period not exceeding 25 years,
renewable for not more than 25 years, and
not to exceed 1,000 hectares in area.
Citizens of the Philippines may lease not
more than 500 hectares, or acquire not
more than 12 hectares thereof by purchase,
homestead, or grant.
Taking into account the requirements of
conservation, ecology and development,
and subject to the requirements of agrarian
reform, the Congress shall determine, by
law, the size of lands of the public domain
which may be acquired, developed, held or
leased and the conditions thereof.
Note:

Agricultural lands of the public domain

may be further classified according to
their use:
o Agricultural
o Residential, commercial, industrial,
or for similar productive purposes
o Educational, charitable, or other
similar purposes
o Reservations for town sites and for
public and quasi-public uses
The President is empowered to make the
classifications and transfer lands from one
class to another.
Alienable public land held openly,
continuously and exclusively for the
prescribed period is converted to private
property by mere lapse or completion of
said period ipso jure.
But if it is a forest/timber land, or forest
reserve, it is not capable of private
appropriation, and possession thereof,
however long, cannot convert them into
private property.
Mineral, timber or forest lands are not
subject to private ownership unless they
are first classified as agricultural lands and
so released for alienation

MIA UNABIA PROUD PORTIAN

Classification of public lands is an

exclusive prerogative of the Exec Dept of
the Govt and not of the courts.

Public agricultural lands

Is neither timber nor mineral lands, and is

susceptible to cultivation for agricultural
purposes.
Any parcel of land or building lot
whenever susceptible to cultivation and
may be converted into a field and planted
with vegetation, or where such land is not
mining nor forest in its nature.

Public forests

A large tract of land covered with a natural

growth of trees and underbrush; a large
wood
A certain territory of wooden ground and
fruitful pastures, privileged for wild beasts
and fowls.

Meaning of Full Control

Note:

Any patent or title issued by the Director

of Lands to private parties is void ab initio
for lack of jurisdiction
Granting that Torrens title can no longer
be reopened under the LRA, still the land
covered thereby may be reconveyed to
the State in an action for reconveyance.

Necessary to show that it is more valuable

for mining purposes than for anything else
Mining operation on such land must be
profitable enough, such that where the
costs to develop and extract the minerals
therefrom would be more than the
proceeds that could be realized upon the
disposition of the minerals produced
Lands
containing
deposits
of
valuable, useful or precious minerals
in such quantities as to justify
expenditures in the effort to extract
them, and which are more valuable
for the minerals they contain than for
agricultural or other uses.

Presumption
lands

as

to

Nature

of

particular

Land may be classified as forest or

mineral today, and after the exhaustion of
the timber or minerals contained therein
may be classified as agricultural land
tomorrow.
In case of doubt and considering that it is
a matter of public knowledge that a

Alienable lands can still be leased, but

inalienable lands can only be developed
and utilized directly by the state in
conjunction with qualified individuals or
corporations by way of co-production, joint
venture or production sharing.

Public Lands
Chapter 1. Alienable and Disposable Lands
in General
Meaning of Public Lands

Mineral lands

majority of the lands in the Phils are

agricultural lands, it was rightly held that
in the absence of evidence to the contrary
any land may be presumed to be
agricultural.
One reason given for this presumption is
that it is good for the country to have the
large public domain come under private
ownership.
Another reason is that since it is a matter
of public knowledge that a majority of the
lands in the Phils are agricultural lands, it
follows that the courts have a right to
presume, in lieu of contrary proof, that
lands are agricultural in nature.

Lands of the public domain as are subject

to alienation and disposal by the state in
accordance with the PLA.

Officers charged with the Administration of

Public Lands

The chief executive charged to carry out

the provisions of the PLA is the Sec. of
Natural Resources
Under his supervision thru whom he may
act is the Dir. of Lands who is especially
charged with the direct exec control over:
o Surveys
o Classification
o Leases
o Sales
o And other forms of concession or
disposition and management of
public lands
The decisions of the Dir of Lands as to
questions of facts are conclusive when
approved by the Sec.
The Dir of Lands is, by law, a quasi-judicial
officer

Reversion of land acquired through fraud

The doctrine of indefeasibility of Torrens

tilte does not bar the filing of an action for

MIA UNABIA PROUD PORTIAN

cancellation of title and reversion of land

even if more than 1 year as elapsed from
the issuance of the free patent in case of
fraud in obtaining it
Public policy demands that one who
obtains title to a public land through fraud
should not be allowed to benefit therefrom

Classification of Alienable ad Disposable

Lands

Agricultural (farmland)
Residential, commercial, industrial or for
similar productive purposes
Educational, charitable or other similar
purposes
Reservations for town sites and for public
and quasi-public uses

Prerequisites of disposition

Before any public land may be alienated

or disposed of, it is indispensable that
there be a formal declaration by the Pres
upon recommendation of the Sec. of
Environment and Natural Resources, to
the effect that such lands are open to
disposition or concession, and whenever
practicable the lands should have been
previously surveyed.
Lands which have been reserved for public
or quasi-public uses, as well as those
appropriated by the govt or in any manner
have become private property or subject
to private right, cannot be included among
those to be declared open to disposition or
concession
Alienation, disposition or concession any
of the methods authorized by the said law
for the acquisition, leases, use or benefit
of the lands of the public domain other
than timber or mineral land.

Modes of disposition

Public lands suitable for agricultural

purposes can be disposed of only as
follows:
o For homestead settlement
o By sale
o By lease
o By confirmation of imperfect or
incomplete title
By judicial legalization
By
administrative
legalization (free patent)

Application for grant of public land

All applications for public land grants or

concessions are to be addressed to the
Dir. Of Lands, made under oath, and must
set forth:
o The full name of the applicant, his
age, palce of birth, citizenship, civil
status, and post-office address. If
applicant
is
a
corporation,
association or co-partnership, it I
necessary to accompany it with its
articles
of
incorporation,
association
or
co-partnership,
together with an affidavit giving
the names of stockholders or
members, their citizenship, and the
amount of shares subscribed by
each
o That the applicant has all the legal
qualifications and none of the
disqualifications
o That the application is made for
the actual purpose of using the
land accdg to the object specified
therein and for no other purpose,
and that the land is suitable for the
purpose contemplated
o That the application is made for
the exclusive use of the applicant
o An accurate description of the land
and its location
o Whether the land is occupied,
cultivated or improved, and, if so,
by whom and since when
o That the land applied for is not
timber nor mineral land and does
not contain guano or deposits of
salt or coal
o That the applicant agrees that a
strip of 40 meters wide from the
bank on each side of any river or
stream that may be found on the
land applied for be demarcated
and preserved as permanent
timberland
to
be
planted
exclusively to trees of known
economic value, and that applicant
shall not make any clearing
thereon or utilize the same for
ordinary farming purposes.

Applicant required to work on land by

himself

It is an essential condition in every

application for, or grant of, agricultural
lands of the public domain that the
applicant or his transferee must enter and
work upon, improve and cultivate the land
by himself within the periods prescribed

MIA UNABIA PROUD PORTIAN

for the various modes of concession under

the PLA
The employment or use of share tenants
in whatever form for purposes of
complying with the requirements of the
law
regarding
entry,
occupation,
improvement
and
cultivation,
is
prohibited, and any violation thereof shall
constitute a ground for the denial of the
application, cancellation of the grant and
forfeiture of improvements on the land in
favor of the govt.
The lands thus forfeited may be disposed
of to other qualified persons who will till
such lands themselves
Agricultural lands originally tilled under
the provisions of the PLA may be sold to
individuals not otherwise disqualified,
provided that it be an essential condition
in such sale that the vendee shall cultivate
the land himself and shall not employ or
use share tenants for the purpose.

Appeals from decisions of Dir. Of Lands

The decision of the Dir. Of Lands may be

annulled or reviewed only in a direct
proceeding and not collaterally
The aggrieved party may, within a
prescribed period from date of receipt of a
copy of the decision of the Dir of Lands,
avail himself of two alternatives:
1. To file a motion for reconsideration
based upon any of the grounds for
new trial such as provided in the
Rules of Court as may be
applicable
2. To appeal the decision of the Dir. Of
Lands to the Sec. of Natural
Resources
Grounds for review:
1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
The decision of the Dir. Of Lands becomes
final after said period unless a motion for
reconsideration is filed or unless an appeal
to the Sec is taken.
As to the decision of the Sec. this
becomes final after 30 days from the date
of service thereof to the party in interest,
in questions of facts
A decision rendered by the Dir. Of Lands
and affirmed by the Sec is conclusive and
not subject to review by the courts
The decision of the Sec may be appealed
further to the Pres of the Phils, if the
aggrieved party so desires

Appellant is bound to wait for the final

action of the Pres before he may be
deemed
to
have
exhausted
his
administrative remedies
At that stage, the aggrieved party cannot
simply withdraw his appeal to the Pres and
thereafter file action in court. That course
was held to be premature.
It is thus a prerequisite that before a
decision of the Dir. Of Lands as affirmed
by the Sec may be brought to the courts
for review, administrative remedies must
first be exhausted
Where administrative remedies have not
been exhausted, it only implies that there
is an absence of a cause of action, and
does not affect the jurisdiction of the court
either over the parties if they have been
properly summoned, or over the subjectmatter of the case.
Questions of fact and law only shall be
entertained by the court

Time within which to appeal administrative

decision to court

GR: The recourse to the court may be

availed of within a reasonable time
An appeal from a decision of the Sec to
the Pres, however, is not a condition sine
qua
non
for
the
exhaustion
of
administrative remedies before resorting
to judicial review

Chapter 2. Homestead
Concept of Homestead

Homestead the home, the house and the

adjoining land where the head of the
family dwells; the home farm; the fixed
residence of the head of a family, with the
land and the bldgs surrounding the main
house
Under the modern homestead laws it is
an artificial estate in land, devised to
protect the possession and enjoyment of
the owner against the claims of his
creditors, by withdrawing the property
from execution and forced sale, so long as
the occupied as a home.
Purpose of the law: To give the
homesteader a place to live in with his
family so that he may become a happy
citizen and a useful member of our
society.
The homestead land is also exempt from
the coverage of the Agricultural Land
Reform Law

MIA UNABIA PROUD PORTIAN

The homestead act is a social legislation

enacted for the welfare and protection of
the poor.

Qualification and area obtainable

1.
2.
3.
4.

Filipino citizen
Over the age of 18 years
Head of the family
Must not own more than twenty four
hectares land in the Phils
5. Nor has the benefit of any gratuitous
allotment of more than twenty four
hectares of land since the occupation of
the Phils by the US
Note:

3.

4.
With respect to a corp or assoc already
holding or controlling agricultural public
land, its members or stockholders as well
as its officers, reps, attys, agents,
employees or bondholders, may if
qualified apply for homestead or free
patent, but not for any of the other modes
of acquiring agricultural public lands
In case of a married woman, she is not
allowed to apply or make a homestead
entry.
XPN:
o When she is leaving separately
from her husband and is not
dependent upon him for her
support
o When her husband is insane or
physically incapacitated to work
o When her husband is in prison,
serving a term of such duration as
would prevent him from complying
with the requirements of the law
regarding residence on the land

5.

6.

Procedure to obtain homestead patent

1. A person who is legally qualified may file
his application for a homested with the
Bureau of Lands. If found in order. The
application shall be approved by the Dir
and the applicant is authorized to enter
the land upon payment of an entry fee of
5 pesos. In practice it is required that this
fee accompanies the application, although
by law it may be paid w/in 60 or upto 120
days if extended, before the application
may be cancelled for delinquency
2. W/in 6 months after the approval of the
application, the applicant or homesteader
shall start to improve and cultivate the
land; and w/in a period of not less than 1
year or more than 5 years from the date of

the approval of the application, the

homesteader must have cultivated at
least 1/5 of the land, otherwise his right to
the homestead shall be lost. In this
connection,
PD
152
prohibits
the
employment or use of share tenants in
complying with the requirements of the
law
regarding
entry,
occupation,
improvement and cultivation of public
lands, thereby doing away with absentee
homesteaders.
The applicant must have continuous
residence in the same municipality where
the homestead is located, or in an
adjacent municipality, for at least 1 year.
After
complying
with
the
above
requirements regarding cultivation and
residence, the homesteader, or hos legal
representative if he happens to be under
legal disability, shall notify the Dir. Of
Lands that he is ready to present final
proof of his compliance with the legal
requirements to be entitled to the
issuance of a homestead patent.
Before the hearing for the presentation of
the final proof, due notice shall be given to
the homesteader and to the public in the
manner prescribed by the Sec stating,
among other things, the name and
address
of
the
homesteader,
the
description of the land with its boundaries
and area, the names of the witnesses by
whom it is expected that the necessary
facts will be established, and the time and
place at which, and the name of the
officer before whom, such proof will be
made.
If the Dir. Of Lands finds that the applicant
has complied with the cultivation and
residence requirements and that the land
in question is under the law subject to
homestead entry, and the homesteader
has not actually changed his residence or
voluntarily abandoned the land for more
than 6 months at any one time during the
years of residence and occupation
required, or has otherwise not failed to
comply with the other requirements of the
PLA, a homestead patent may be granted
the applicant upon payment of P5 as final
fee.

Right
of
Applicant

Possession

by

Homestead

The approval of a homestead application

gives the applicant authority to take
possession of the land and priority of right

MIA UNABIA PROUD PORTIAN

to acquire title upon his compliance with

the requirements of the law.
This authority, however, does not confer a
right to possess which is indefeasible and
sufficient in itself to exclude other possible
claimants, or as depriving the Dir. Of
Lands of his control over the disposition of
such land and his power to hear and
adjudicated the conflicting claims.
A public land applicant who is in
possession of the land applied for has the
right to maintain an action for forcible
entry against one who intrudes into his
possession.

Payment of Real Estate Taxes by Applicant

GR: The payment of real estate taxes is

incumbent upon the owner
XPN: In the case of homesteads as well as
other grants under the PLA, the applicant
who is not yet the owner is required to pay
such taxes on the land applied for
beginning January 1 of the year ff that in
which the application has been filed, w/o
need of waiting even for the approval of
his application

When right to homestead becomes vested

in applicant

Where a homesteader has already

complied with all the terms and conditions
which entitled him to a patent for a
particular tract of public land, he acquires
a vested interest therein, and is to be
regarded as the equitable owner thereof.
Such right once vested is equivalent to a
patent actually issued inasmuch as the
execution and delivery of the patent have
become the ministerial acts of the officer
charged with that duty
Reckoning point date of compliance with
all the requirements not the issuance of
patent.
Tax declaration + actual possession = full
ownership

When
homestead
considered
property or otherwise

conjugal

Who succeeds applicant in case of his

death.

Widow shall entitled to have a patent for

the land applied for issued to her upon
showing that she has consummated the
requirements of law for homesteading the
land
The only in case the deceased applicant
leaves no widow shall his interest in the
land descend and the patent issue to his
legal heirs

One person entitled to only one homestead;

exceptions.

Where a person was issued a homestead

patent for less than 24 hectares, he could
be allowed to apply again for another
homestead, provided the area thereof,
added to his previous homestead, did not
exceed a total of 24 hectares.

Transfer of
allowable.

Not the time of the issuance of the

homestead patent but the time of the
fulfillment of the requirement of the PLA
for the acquisition of such right to the
patent
If the final proof was completed and the
final fee paid during marriage, homestead
is unquestionably conjugal but if these are
accomplished after the dissolution of the

marriage by the death of the wife, then

the homestead becomes pvt property of
the husband.
The surviving spouse acquires the
absolute title thereto as his/her separate
property, free from any community
interest.
During the subsistence of the applicants
first marriage, and the time of the second
marriage, the land must be regarded as
acquired during, and the belonging to the
conjugal partnership of the first marriage.
An applicant may be said to have acquired
a vested right over a homestead only by
the presentation of the final proof and its
approval by the Director of Lands.
The decisive factor in determining
whether a parcel of land acquired by way
of homestead is conjugal property of the
first or second marriage
The time of the fulfillment of the
requirements of the Public Land Law for
the acquisition of such right to the patent.

rights

of

applicant

when

At any time after the approval of the

homestead application and before the
issuance of the patent, the applicant may
be allowed to transfer his rights to the
land including the improvements thereon
under certain conditions:
a. The applicant had complied with all
the requirements of the law so far;
b. That he cannot continue with his
homestead thru fault of his own;

MIA UNABIA PROUD PORTIAN

c. The transfer is made to a bona fide

purchaser who himself is legally
qualified to apply for a homestead;
d. The proposed transfer is not for
speculative purposes;
e. It shall be subject to the approval
of the Director of Lands, w/out w/c
approval it shall be null and void
and the homestead entry subject
to cancellation.
Transfer was made before, and not after,
the
approval
of
the
homestead
application, such transfer as made by the
landholder to another is valid as b/w
parties

Patented land not subject to further

adjudication

A prvt property, having been brought

under the operation of the Torrens system,
cannot be acquired by prescription or
adverse possession.
A homestead patent issued and registered
becomes irrevocable and enjoys the same
privileges as Torrens titles issued under
the LRA
Actual fraud may still be annulled and
cancelled provided appropriate action is
taken w/in 1 yr from and after the date of
issuance of the patent

matter
of
proceeding

The power of the government to annul the

patent and the title to the homestead may
only be exercised w/in 1 yr
After that period the remedy may still be
open is for reversion of the land to the
State
Prescriptive period of attacking the
validity of the title is 1 yr
Action for reversion is available w/in 5 yrs
from the time the right to such action shall
have accrued
1 yr period w/in w/c to seek review of the
homestead
award
runs
from
the
promulgation of the order of the Director
of Lands for the issuance of the patent,
not from its actual issuance

subsequent

cadastral

Restrictions on subsequent alienation and

encumbrance

No alienation, transfer, or conveyance of

nay homestead after 5 yrs and before 25
yrs after issuance of title shall be valid
w/out the approval of the Sec of Agri and
Nat Res, w/c the approval shall not be
denied except on constitutional and legal
grounds.

Sales w/in 5 yrs void

The act is deemed sufficient cause for the

reversion of the whole grant to the State
The purchaser may recover the price w/c
he has paid, and where the homesteader
vendor died the recovery may be pursued
as a claim filed against his estate in the
corresponding proceeding
Vendee introduced improvements in the
land, he forfeits them w/out any right to
reimbursement in accordance w/ Art 449
of the NCC.

Liability to debt or obligation

Revision of land to state subject to action

Homestead cannot be held liable for the

satisfaction of nay debt or obligation
contracted prior to the expiration of 5 yrs
from the date of the issuance of the
patent

Purchase or lease by prvt individual subject

to limitation

A qualified individual landowner may

acquire by purchase or lease any land orig
acquired as homestead but subject to the
limitation that area added to his
landholdings should not exceed a total of
144 hectares

Right of redemption

Every conveyance of land acquired under

free patent or homestead provisions of the
PLA, shall be subject to repurchase by the
applicant, his widow or legal heirs, w/in 5
yrs from the date of reconveyance
Period is counted from the date of sale

Homestead patent cannot cover prvt

land

NOTE: Note the difference b/w right of

repurchase and equitable redemption

Homestead patent w/c purports to convey

lad to w/c the govt did not have any title
at the time of its issuance does not vest
any title at all in the patentee as against
the true owner
A homestead patent once registered
under the LRA cannot be the subject-

Purchase in a foreclosure sale has only an

inchoate right under Act 3135

Extrajudicial foreclosure: 5 yrs + 1 yr = 6

yrs

MIA UNABIA PROUD PORTIAN

Judicial equitable redemption

o Period
before
foreclosure
registered in ROD
Homestead:
o Extra: 5 yrs + 1 yr = 6 yrs
o Judicial: 5 yrs
Rural Bank Act: 5 yrs + 2 yrs = 7 yrs

is

How much to pay for redemption

If not for the purpose of preserving the

land w/in the family circle but to dispose
of it once again for greater profit, it would
violate of the policy and spirit of law
Law discourages patentees from taking
advantage of the salutary policy
For
profit,
repurchase
should
be
disallowed

Chapter 3. Sale of Public Agricultural Lands

Who are qualified to purchase PAL
1. Only Filipino citizens
2. Legal age or head of family
3. If corporation or association, 60% of the
capital which belonged to Filipinos
Maximum area that may be acquired

The price of sale + necessary and useful

expenses made on the thing sold
Necessary expenses = incurred for the
preservation of the thing
Useful expenses = covers those w/c
increase the value or augment of the
income of the property

Right of redemption when not applicable to

conveyance w/in family circle

Excess landholdings temporarily allowed for

recovery of mortgage loan

Up to 12 hectares
Prvt corp or assoc as well as partnership
as an entity may no longer be considered
qualified to purchase or otherwise to
compete in that respect w/ prvt individuals
Agri lands not located w/in 10 km from the
boundaries of the city proper in chartered
cities or w/in 5 km in municipalities, same
be sold to actual occupants:
o
who do not own any parcel of land
or
o whose actual total landholdings do
not exceed 5 hectares and
o resided in the land applied for at
least 2 yrs prior to the date of
application

If there is excess, the same shall be

disposed w/in 5 yrs
In case of failure to do so, there shall be
paid on the land in excess for the 1st yr a
surtax of 50% additional to the ordinary
real estate tax
For each succeeding yr 50% shall be
added to the last preceeding annual tax
rate, until the excess landholdings shall
have been disposed of

Pre-existing rights respected

Rights over public agricultural lands are to

respected as vested rights
Such persons who do not meet the
qualifications
now
prescribed,
are
authorized to continue hold the land as if
they were qualified, but they are forbidden
to encumber, convey or alienate the
same, except to those legally qualified
In subsequent acquisition of hereditary
succession no qualification is prescribed
by law or Consti

Procedure for the sale of PLA

1. Filling of applications filed with the
Director of Lands
2. Appraisal Land to be sold shall be
appraised by the Director of Lands with
the approval of the Secretary of
Environment and Natural Resources
3. Publication of notice of sale once a week
for 3 consecutive weeks in the Official
Gazette and in two newspapers one in
Manila and the other in the municipality or
province where the land is located or in
the neighboring province
4. Submission of bids Sealed and
addressed to the Director of Lands,
inclosing cash or certified check, treasury
warrant or post office money order for an
amount equivalent to 10% of the bid,
payable to the same. Any bid of less
appraisal value of land shall not be
considered
5. Opening of bids and awards Awarded to
the highest bidder. Director of Lands shall
at once call for oral public bidding.
6. Payment of price Amount submitted in
the bid is applied to the price, balance be
paid full or in ten installments. In overdue
installments, same subject to interest at
4% per annum from date of delinquency
Procedure to obtain public agricultural land
1. By homestead settlement

MIA UNABIA PROUD PORTIAN

2. Lease
3. Sale
4. Confirmation of imperfect and incomplete
title
a. Judicial legalization
b. Administrative legalization
NOTE: A holder of a land acquired under free
patent is more favorably situated than that of an
owner of registered property
Instances where oral bidding allowed
1. Where 2 or more such sealed bids turn out
to be equal and the highest, and that of
the applicant is not one of them
2. Where the public agricultural land to be
sold has been declared by the Sec to be
vacant and no applicant is recognized to
have preferential rights thereto

Effect of sale of land pending application

Prerequisite to issuance of patent

The purchaser must show that he has

occupied and has broken and cultivated at
least 1/5 of the land w/in 5 years after the
date of the award
Where the land purchased is to be
devoted to pasture, that he has grazed on
the land his own cattle numbering at the
rate of one head for every two hectares of
the entire area
If the purchaser has failed to comply with
the requirements, or has voluntarily
abandoned the land for more than 1 year
at any one time, the land shall revert to
the state and all prior payments on
account of the purchase price and all
improvements existing on the land shall
be forfeited

Conveyance of land before issuance of sales

patent

An applicant is allowed after cultivation of

the land has been begun to convey or
encumber his rights to any person,
Provided:
o Such conveyance or encumbrance
does not affect any right or interest
of the govt on the land; and
o The transferor is not delinquent in
the payment of any installment
due and payable
o Previous approval of the Sec is
required
Such approval becomes unnecessary after
the purchaser had complied with all the
requirements of the law, even if the patent
has not been actually issued, for in that
case the rights of the purchaser are

already deemed vested, the issuance of

the patent being a mere ceremony
The execution and delivery of the patent
after the right to it has become complete,
are the mere ministerial acts of the
officers charged with the duty
Fortiori a contract to convey land made
before the issuance of a patent but after
final proof has been made and the land
paid is not illegal

The sale of the property covered pending

application for a sales patent w/o the
required approval of the govt produced
the effect of annulling the sales
application as if non had been filed
The Bureau of Lands could consider and
approve subsequent applications for the
acquisition of the property filed by other
persons with the necessary applications

Joint venture in purchase of public land

Joint venture/ partnership

1. Where one person contributes his
capital, consisting of his duly
approved sales appliction and
recognized right of possession over
a parcel of public land which he
has begun cultivating and over
which he has already spent time
and effort,
2. Another contributes his labor and
money to finalize the cultivation of
the same land,
3. With the understanding that both
shall divide the land in the
proportion agreed upon by them
4. Each partner is bound as a trustee
to be ever loyal to his partner

Legal limitations and restrictions

1. No sale patent shall be issued unless the
land purchased has been surveyed and an
accurate plat made thereof by the BOL
2. Does not include mineral deposits
contained in the land
3. Subject to the same public servitudes
4. Subject to a ROW not exceeding 60
meters in width for public highways etc
5. Where a corp, assoc or partnership may
acquire or have any rigor interest to any
such land purchased under the PLA, it is
required that:
a. Consent of the grantee
b. Approval of the Sec
c. Solely for commercial, industrial,
educational, religious or charitable
purposes or for a ROW

MIA UNABIA PROUD PORTIAN

6. Area shall not exceed 12 hectares

7. Can not be conveyed, encumber or
dispose w/in 10 years
8. Subject to the provisions of the PLL,
especially with regards to the:
a. Legal reservations
b. Encumbrances
c. Limitations
d. Restrictions imposed by PLL
Additional purchases allowed

Conditions:
1. Addtl land shall be adjacent to or
not distant from the land originally
purchased
2. Total area must not exceed 12
hectares
3. Previous purchase must have been
fully paid
4. At least 1/5 of the land previously
purchased
must
have
been
cultivated
5. Addtl purchases shall be subject to
the same conditions prescribed for
the 1st purchase

The approval of a sales application merely

authorizes
the
applicant
to
take
possession of the land so that he could
comply with the requirements
The govt still remains the owner, and
application may still be cancelled and the
land awarded to another applicant, if legal
requirements are not complied with
What divests the govt of title to the land is
the issuance of the sales patent and its
subsequent registration in the office of the
ROD
It is the registration and issuance of the
cert of title of a public land patent that
segregates the land from the mass of
public domain and converts it into private
property
The annulment of a title is a judicial
process

Appeal to president merely permissive;

when court may act w/o need of exhaustion
of administrative remedies

It is permissive, not obligatory

Permissive - Without doubt he can revoke
the decision of any subordinate official
under him in the exec dept
Not obligatory Pres is not required to
pass upon all such decisions by his
subordinates

The Sec is an alter-ego of the Pres

o Assumption is that the action of the
Sec bears the implied sanction of
the Pres unless the same is
disapproved by the latter

Officers charged to sign patents

Land becomes of private ownership only

after issuance and registration of sales
patent

Pres may delegate to the Sec the power to

sign patents
For lands not exceeding 5 hectares, the
district land officers are empowered to
sign the patents

Chapter
Lands

4.

Lease

of

Public

Agricultural

Who are qualified to lease agricultural lands

1. Any Filipino citizen of lawful age
2. Any crop or assoc of which at least 60% of
the capital stock or of any interest in said
capital stock belongs wholly to Filipinos,
and which is organized and constituted
under the laws of the Phils
Disqualifications and limitations

GR: Any member, stockholder, officer,

representative, attorney, agent, employee
or bondholder of any corp or assoc already
holding or controlling agricultural public
land is disqualified to apply for lease to
such land
XPN: Where it may be allowed, such lease
may be granted only if it is reasonably
necessary to carry on his business in case
of an individual, or the business for which
it was lawfully created and which it may
lawfully pursue in the Phils in case of a
corp or assoc
With respect to the area: The limitation is:
o For corp or assoc - up to 1,000
hectares
o For individuals 500 hectares
Pasture lands belong to forestall lands

Procedure
for
the
agricultural lands

lease

of

public

Same as that followed for sale of such

lands
No bid shall be considered in which the
proposed anneal rental is less than 3% of
the appraised value of the land nor where
the bidder has not deposited the rental for
at least the 1st 3 months of the lease
Where the land object of the proposed
lease is to be devoted to grazing, the min
annual rental is only 2% of its approved
value

MIA UNABIA PROUD PORTIAN

Period of lease

May run for a period of 25 years,

renewable for another 25 years
The extension or renewal thereof is not a
matter of right on the part if the lessee
It is discretionary on the part of the Sec
It is incumbent upon the lessee to justify
the necessity of such an extension or
renewal by showing that he has
introduced important improvements on
the leased land
Upon the final termination of the lease, all
bldgs and other permanent improvements
become the property of the govt

Cultivation requirement

Right of lessee to oppose registration of

land filed by other persons

Registration of lease of public land not

necessary
Chapter 5. Confirmation of Imperfect or
Incomplete Title

Essential condition of the lease: The

lessee shall have broken and cultivated at
least 1/3 of the land w/in 5 years

Lessee can not subsequently assign,

encumber or sublet his rights over public
agricultural land w/o the approval of the
Sec
Lessee can not remove or dispose of any
valuable timber on the leased land, except
as may be permitted by existing forest
regulations
He can not also remove or dispose of
stone, oil, coal, salts or other minerals, inc
medicinal mineral waters
Lessee is further subject to the same
conditions and restrictions imposed on
lands acquired under sales patents with
respect to taxes, servitudes, easements,
mines, water rights etc.

Lease of addtl area

Lessee may apply for lease of addtl area

adjacent to or near the land originally
leased, provided that:
o Addtl area added to the original
one held does not exceed the max
allowed
o Lessee shall have paid the rentals
for at least the first 2 years on the
orig lease
o At least 1/3 of the land held
thereunder
be
broken
and
cultivated

Lessees option to purchase

Where public land object of the lease is to

be sold by the govt during the term of the
lease, the lessee shall have the option to
purchase it

Acquisition by Judicial Legislation

Persons entitled to benefits:

Restrictions upon lease

The lessee is considered a party in interest

entitled to file opposition to such an
application
Mandamus will lie to compel the trial court
to permit said lessee and his counsel to
appear and oppose the application for
registration of such land

Persons qualified to acquire lands of the

public domain thru judicial legalization or
confirmation
of
their
imperfect
or
incomplete title are granted by law until
Dec. 31, 1976, to file with the court an
appropriate application therefore.
These persons are required to meet the ff.
conditions: (Sec. 48, CA 141)
o Those who prior to the transfer of
sovereignty from Spain to the US
have applied for the purchase,
composition or other form of grant
of lands of the public domain under
the laws and royal decrees then in
force and have instituted and
prosecuted the proceedings in
connection therewith, but have,
with or without default upon their
part, or for any other cause, not
received title therefore, if such
applicants or grantees and their
heirs have occupied and cultivated
said lands continuously since the
filing of their applications.
o Those who by themselves or
through
their
predecessors-ininterest have been in open,
continuous,
exclusive
and
notorious
possession
and
occupation of agricultural lands of
the public domain, under a bona
fide
claim
of
acquisition
of
ownership, since June 12, 1945,
immediately preceding the filing of
the application for confirmation of
title, except when prevented by
war or force majeure. These shall
be conclusively presumed to have
performed
all
the
conditions
essential to a Government grant
and shall be entitled to a certificate

MIA UNABIA PROUD PORTIAN

of title under the provisions of this

chapter.
o Members of the national cultural
minorities who by themselves of
through
their
predecessors-ininterest have been in open,
continuous,
exclusive
and
notorious
possession
and
occupation of lands of the public
domain suitable to agriculture,
whether disposable or not, under a
bona fide claim of ownership since
June 12, 1945 shall be entitled to
the rights granted in subsection (b)
hereof.
Only lands of the public domain, and not
of private ownership, are disposable for
purposes of confirmation.

Form of Application:

Shall be accompanied with a plan of the

land and documents evidencing the right
of the applicant to the land claimed
State the citizenship of the applicant
Set forth fully the nature of the claim
Specify the date and form of application
for purchase, composition etc,
Specify the extent of the compliance with
the conditions required by the Spanish
Laws and royal decrees for the acquisition
of legal title
Statement of the length of time such land
has been actually occupied by the
claimant or his predecessors-in-interest

Procedure:

XPN: If he was already a Filipino citizen at the

time of application.
Difference btw. Registration under Land
Registration Act and under Public Land Act
LRA
1. Presumed existence of title to the
land
2. Court may dismiss application with
or without prejudice to the right to file
a new application
3. Risk of denial of application w/o
necessarily losing the property

PLA
1. Admittedly,

2. Court has
to adjudicate
the conflicting
them is entit
govt
3. Risk of los
w/o affording

GR: Property of the State or any of its

subdivisions, not patrimonial in character, shall
not be the object of prescription. (NCC, Art. 1113)
XPN: Where a person has been in open,
continuous, exclusive and notorious possession
and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition of
ownership since June 12, 1945. (PLA, Sec. 48)

Limitation as to Area:

Before- 1,000 hectares

RA 6236/PD 1073- 144 hectares
Constitution- 12 hectares

When Burden of Proof is upon Govt

Application is filed with the RTC of the

province or city where the land lies
Notice of such application together with a
plan of the land is forwarded to the
Solicitor Gen.
SG after investigation of the facts, shall
return the papers of the case to the court
within 3 months
Publication of the notice of initial hearing
in the OG and newspaper of gen.
circulation
Posting of the notice in conspicuous places
Courts adjudicates the land to the
applicant of he could show that he has
title thereto proper for registration
Otherwise, his application is dismissed
and the land is declared land of the public
domain

GR: Aliens are not entitled to a decree of

registration,
they being disqualified from
acquiring lands of the public domain.

Where a parcel of land the registration of

which is applied for, has been possessed
and cultivated by the applicant and his
predecessors-in-interest for a considerable
number of years w/o the govt having
taken any action to dislodge the
occupants from their holdings.

Acquisition by Administrative Legalization

or Free Patent

Persons Entitled to Apply:

Natural-born citizen of the Philippines

Does not own more than 24 hectares
Who since July 4, 1945, or prior thereto,
has continuously occupied and cultivated
such public lands
Land has not been occupied by any other
persons

Note: Members of the national cultural minorities

who has continuously occupied and cultivated a

MIA UNABIA PROUD PORTIAN

tract of land, whether disposable or not since July

4, 1945, shall be entitled also to have a free
patent issued to him for such tract of land not to
exceed 24 hectares (12 hect.- Constitution), and
provided that at the time he files his application,
he is not the owner of any real property. (Sec. 44,
CA 141)
Natural-born citizen - one who is a citizen of
the Phils. from birth w/o having to perform any
act to acquire or perfect his Phil. citizenship.
Note: Application for free patent is not a matter
of right but only a privilege granted by the State.
(may only be availed of up to Dec. 31, 1987)
Free Patent
Conclusive

when

deemed

Final

and

After a free patent application is granted

and the corresponding cert. of title issued,
the land ceased to be part of the public
domain and became private property over
which the Dir. of Lands has neither control
not jurisdiction.
The remedy of review on the ground of
actual fraud may properly be invoked in
connection with free patents within one
year from the date of the issuance thereof.
Beyond that period, action for the
annulment of the title can no longer be
entertained.

GR: Jurisdiction of Dir of Lands is lost after

Registration of Patent
XPN: If facts and circumstances so warrant, he is
not
precluded
to
conduct
appropriate
investigation as to how such title has been
acquired, and if the purpose of such investigation
is to determine WON fraud has been committed
in securing such title.
Chapter
6.
Lands
for
Residential,
Commercial, Industrial Purposes
Classification:

Restrictions on Free Patents:

GR: Cannot be encumbered or alienated

within 5 yrs. from and after the date of the
issuance of the patent or grant
XPN: In favor of the govt
GR: Cannot become liable to the
satisfaction of any debt contracted prior to
the expiration of said period
XPN: Improvements or crops on the land
may be mortgaged or pledged to qualified
persons

Note:

After the 5 yr period, land held under free

patent may be alienated, transferred or
conveyed w/o need of approval of SENR
Subject to repurchase by the patentee, his
widow or legal heirs, w/in a period of 5 yrs.

In cases of corps., assoc., or partnerships:

May acquire such patented land or the

permanent improvements with the ff.
conditions:
o Consent of the grantee
o Approval of the SENR

Solely for commercial, industrial,

educational, religious or charitable
purposes, or for a ROW

Reclaimed Lands
a. submerged land w/c by deliberate
act of dredging and filling has
emerged to the surface
b. owned by the State
c. govt may declare it property of the
adjoining owners as an increment
thereto, only where it is no longer
needed for public use or for public
service
Foreshore
a. that part of the land adjacent to
the sea w/c is alternately covered
and uncovered by the ordinary flow
of the tides.
b. Belongs to the State
Marshy Lands
a. such land bordering on shores and
banks of navigable rivers and lakes
b. generally swampy or soft wet land
Lands not included in any of the foregoing
classes

Available for Purchase or Lease (Sec. 60,

CA141)

Area allowed is limited only to such as

may be determined by the SENR
No case to exceed 144 hectares

NOTE:
For persons,
corps.,
assocs.,
or
partnerships disqualified under the provisions of
the PLA to purchase such lands for agricultural
purposes, they may be allowed to lease lands
suitable for industrial or residential purposes but
the lease shall be good only for the duration such
land is used for such purposes.
May Aliens Lease Public Lands?
NO!!

MIA UNABIA PROUD PORTIAN

It appears from the Constitution that the

right of aliens to lease disposable land of
the public domains is not allowed
o x x x. Private corps. or assoc. may
not hold such alienable lands of the
public domain except by lease, x x
x. Citizens of the Phils may lease
not more than 500 hectares, or
acquire not more than 12 hectares
thereof by purchase, homestead or
grant. (Sec. 3, Art. 12, 1987
Constitution)

Conditions
Contract:

Procedure for Sale or Lease:

required that the land be surveyed

with the approval of the SENR
subdivided into lots with the necessary
streets and alleys on the layout
Dir of lands shall cause to be published
the necessary notices in the OG
Shall be made through oral bidding
Adjudication made to the highest bidder

NOTE: If the applicant has made improvements

on the land by virtue of a permit duly issued, the
sale or lease shall be made by sealed bidding,
subject in any case to the rule that the applicant
shall have the option to equal that of the highest
bidder and thereby be preferred.
NOTE: Sales w/o public bidding may be
permitted where the purchaser (Fil., of legal age,
not owner of any home lot in the municipality or
city) in good faith established his residence on a
parcel of public land therein w/c is not needed for
public service.

Not more than 1,000 sq. mtrs, price to be

fixed by the Dir of Lands
Prerequisite: must have constructed his
house on the land and actually reside
therein
Such land cannot be encumbered or
alienated within a period of 10 yrs from
the date of the issuance of the patent,
except in favor of the govt
In case of transfer/alienation: subject to
the approval of SENR, and subject further
to repurchase w/in a period of 5 yrs.

Permits for Temporary Occupation and Use

(Sec. 68, PLA)

Issued by SENR to qualified persons for

the occupation and use of public lands
suitable for residential, commercial or
industrial purposes upon payment of a
reasonable fee.
Subject to revocation at any time when
public interest so require

2 kinds of permits:
o Revocable Permit issued for such
land not covered by a regular
public land application
o Provisional Permit one granted for
such land covered by a prescribed
public land application

to be Incorporated in Lease

Minimum rental 3% of the appraised or

reappraised value of the land plus 1% of
the appraised and reappraised value of
the improvements
Term of Lease not more than 25 yrs.,
renewable for not more than 25 yrs.
If term of lease exceeds 10 yrs. subject
to reappraisal every 10 yrs.
W/in 6 months construction of
permanent
improvements
must
be
commenced ; w/in 18 months
construction must be completed
Upon
termination
of
lease

all
improvements shall become property of
the govt
Where fees are to be charged to the public
by the lessee, the sched of such fees or
rates shall be submitted to the govt
annually for approval and regulation
Leased land shall be subject to easement
of coast police and other easements
reserved by existing laws

NOTE: Violation of any of the conditions shall be

deemed sufficient ground for rescission.
Chapter 7. Lands for Educational, Charitable
and other Similar Purposes
Acquisition by Province and Other Govt
Entities

The President upon recommendation of

the SENR may execute a donation, sale,
lease or exchange in favor of any
province, municipality, or other branch or
subdivision of the govt under such terms
and conditions as may be deemed fit.

Limitations to Govt Grants

As to the area: the law does not set any

definite limit
GR: Land granted cannot be subsequently
be encumbered or alienated.
XPN: When the public service requires
their being leased or exchanged for other
lands belonging to private persons
In which case, it shall be subject to the
approval of the Pres or if the Congress
disposes otherwise

MIA UNABIA PROUD PORTIAN

Acquisition by Private Institutions (Sec. 70,

CA 141)

Lands classified for educational, charitable

or other similar purposes may be disposed
of by sale or lease for the purpose of
founding a:
o Cemetery
o Church
o College
o School
o University
o Other institutions for educational,
charitable
or
philantrophical
purposes, or scientific research
As to the are: depends upon what may be
reasonably necessary to carry out the
purposes contemplated; in no case to
exceed 90 hect.
Lands cannot be sold or alienated w/o the
prior consent of the Congress

Conditions of Sale or Lease

Proceeds of Sale:

Procedure to Establish New Town

Where public interests demand the

founding of a new town, the SENR shall
direct the DoL to survey the exterior
boundaries of the proposed site
DoL submits the survey to the SENR who
in turn submits the same to the Pres.
o If Pres. approves: issues the
necessary proclamation reserving
the land surveyed as a town site
o Certified
copies
of
such
proclamation are furnished the DoL
and the ROD of the province or city
where the land lies
Land is then subdivided into lots for
commercial and industrial uses, and the
remainder for residential purposes

Not more than 2 residential lots and 2

other lots for commercial/industrial uses in
any one town site may be sold to any one
person, corp., assoc., except with the
specific approval of the SENR
For Baguio buyers: forbidden to cut down
any tree
All sales/dispositions of lots in the town
site are subject to the blanket authority
reserved upon Congress to alter, rescind
or cancel at any time as circumstances
may warrant

Reservation
Purposes

Turned over to the National Treasury as

part of the gen. funds

Limitations:

Same as terms and conditions provided in

the sale and lease of public agricultural
lands (req. for cultivation may be waived.
May be w/o need of public auction upon
order of the SENR and the price shall be
fixed by him
Purchase/lessee cannot sell, transfer,
encumber or lease the land for any
purpose other than that contemplated in
the application
o Violation of this condition, the sale
or lease shall be rescinded and all
improvements introduced in the
land are deemed forfeited to the
govt

Chapter 8. Reservations for Town Site and

for Public and Semi-Public Uses

Pres. may reserve for public

purposes any lot/s not yet disposed
of.
If it is necessary to expropriate private
lands w/in the limits of he new town, the
Pres. shall direct the SG to institute
appropriate proceedings in court
The plat as finally approved is recorded in
the Bureau of Lands and in the Office of
the ROD concerned
Lots shall then be sold, after due notice, at
a public auction to the highest bidder at a
price not less than 2/3 of the appraised
value
o w/in 6 months: commencement of
the construction of improvements
o w/in 18 months: completion thereof
o

for

Public

or

Semi-Public

Designated by proclamation of the Pres.

upon recommendation of the SENR
Reservations may include:
o Areas for highways
o ROW for railroads
o Hydraulic power sites
o Irrigation systems
o Communal pastures
o Public parks
o Public quarries
o Public fishponds
o Workingmens village
These reservations are not subject to
alienation, nor may they be subject to
occupation, entry, sale, lease, or other
disposition until again declared alienable
by proclamation of the Pres. or Prime
Minister

MIA UNABIA PROUD PORTIAN

Reservations
Timberland

Along

River

Banks

for

Sec. 90, CA141 imposes a reservation of

40 mtrs. wide along the bank on each side
of any river/stream for the purpose of
reserving the same as permanent
timberland of the govt
Applicable only to lands of the public
domain subsequently acquired by a
private person/entity

Reservations for Non-Christian Filipinos

With preference to lands already used or

possessed by them
Each male of over 18 yrs of age or head of
family may be allowed for his use and
benefit not more than 4 hect. of land
o Provided: he does not own yet 4
hect. or more by title or gratuitous
patent

Ancestral Lands

PD 410 all unappropriated agricultural

lands of the public domain occupied and
cultivated by members of the national
cultural communities for at least 10 yrs
have been declared ancestral lands, for
distribution
exclusively
among
the
members of said communities and to be
developed for the establishment of agroindustrial
projects,
thus
creating
conditions for employment and enhancing
the progress of the people.
Bureau of Lands identify, survey and
subdivide such ancestral lands into familysized farm lots not exceeding 5 hect. each
Such lands cannot be transferred, sold or
alienated w/in a period of 10 yrs, except in
favor of the govt
In
case
of
mortgage
or
other
encumbrances, the approval of the SENR
is a requirement
To perfect title of such lands, the
occupants thereof are given 10 yrs from
March 11, 1974, w/in w/c to file their
respective applications
Otherwise, their preferential rights thereto
shall be lost and the lands declared open
for
allocation
to
other
deserving
applicants

Reservation for Agricultural Colonies

Designate by proclamation of the Pres.

upon recommendation of the SENR
The SENR may turn over a colony so
reserved to any person or corp., who shall
clear, break and prepare for cultivation the

land and to establish the necessary

irrigation system and suitable roads
Congress thereafter, may direct such land
so prepared and cultivated be disposed of
by sale or lease

Provisions Common to Reservations:

Certified copies of the proclamations are

forwarded to the DoL for record purposes
and copy of the record filed with the Office
of the ROD of the province or city where
the land lies
DoL shall order the immediate survey of
the land and cause the same to be
registered under the LRA.

Disposition of Idle Military Reservations

Lands within military reservations owned

by the RP w/c are no longer needed for
military purposes may be subdivided into
lots w/ areas to be determined by the DoL
w/ the approval of the SENR
After segregation therefrom what may be
needed for public service, the remaining
lots may be sold to qualified persons, with
the 1st priority given to:
o bona fide occupants
o war veterans of the past war
o members of the USAFFE
o recognized guerillas
o and
deserving
members
of
unrecognized guerillas

Disposition by Non-Christian Filipinos

Valid,
if
the
person
making
the
conveyance or encumbrance is able to
read and can understand the language in
w/c the instrument of conveyance or
encumbrance is written.

Creation of National Housing Authority

Created by PD 757
Powers and fxns of NHA:
o Develop
and
implement
the
comprehensive
and
integrated
housing program of the govt
o Formulate and enforce general and
specific
policies
for
housing
development and resettlement
o Exercise right of eminent domain
or acquire by purchase privately
owned lands for purposes of
housing development, resettlement
and related services and facilities
o Develop and undertake housing
development and/or resettlement
projects through joint ventures or

MIA UNABIA PROUD PORTIAN

other arrangements with public or

private entities
Prescribe and enforce guidelines,
standards and rules for the
purpose of protecting home and lot
buyers through the regulation of
real estate trade and business
Regulate the relationship btw
owners and lessees of residential
properties

the
needs
and
communities.

desires

of

these

Towards these ends, the State shall institute and

establish the necessary mechanisms to enforce
and guarantee the realization of these rights,
taking
into
consideration
their
customs,
traditions, values, beliefs, interest and institutions
and to adopt and implement measures to protect
their rights to their ancestral domains.
Definitions:

IPRA LAW. RA. No. 8371

Sec.1. Short Title The Indigenous Peoples
Rights Act of 1997

Sec. 2. Declaration of State Policies

The State shall recognize and promote all the
rights
of
Indigenous
Cultural
Communities/Indigenous
Peoples
hereunder
enumerated within the framework of the
Constitution.
a. The State shall recognize and promote the
rights of ICCs/IPs within the framework of
national unity and development
b. The State shall protect the rights of
ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural
well being and shall recognize the
applicability of customary laws governing
property rights or relations in determining
the ownership and extent of ancestral
domain
c. The State shall recognize, respect and
protect the rights of ICCs/IPs to preserve
and develop their cultures, traditions and
institutions. It shall consider these rights
in the formation of national laws and
policies
d. The State shall guarantee the members of
the ICCs/IPs regardless of sex, shall
equally enjoy the full measure of human
rights and freedoms without distinction or
discrimination
e. The State shall take measures, with the
participation of the ICCs/IPs concerned, to
protect their rights and guarantee for their
cultural integrity, and to ensure the
members of the ICCs/IPs benefit on an
equal footing from the rights and
opportunities which national laws and
regulations grant to other members of the
population, and
f. The State recognizes its obligations to
respond to strong expression of the
ICCs/IPs for cultural integrity by assuring
maximum ICC/IP participation in the
direction of education, health, as well as
other services of ICCs/IPs, in order to
render such services more responsive to

Ancestral Domains refer to all areas

generally belonging to ICCs/IPs comprising
lands, inland waters, coastal areas, and
natural resources therein, held under a
claim
of
ownership,
occupied
or
individually by ICCs/IPs, by themselves or
through their ancestors, communally or
individually
since
time
immemorial,
continuously to the present except when
interrupted by war, force majuere or
displacement by force, deceit, stealth or
as a consequence of government projects
or any other voluntary dealings entered
into by govt and private individuals/corps,
and which are necessary to ensure their
economic, social and cultural welfare. It
shall include ancestral lands, forests,
pasture, residential, agricultural and other
lands
individually
owned
whether
alienable and disposable or otherwise,
hunting grounds, burial grounds, worship
areas, bodies of water, mineral and other
natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs
who are still nomadic and/or shifting
cultivators
Ancestral Lands refer to land occupied,
possessed and utilized by individuals,
families and clans who are members of
the ICCs/IPs since time immemorial, by
themselves or through their predecessors
in interest, under claims of individual or
traditional group ownership, continuously,
to the present except when interrupted by
war, force majuere or displacement by
force, deceit, stealth, or as a consequence
of govt projects entered into by the govt
and private individuals/corps, including,
but not limited to, residential lots, rice
terraces or paddies, private forests,
swidden farms and tree lots.
Cert of Ancestral Domain Title a title
formally
recognizing
the
rights
of
possession and ownership of ICCs/IPs over
their ancestral domains identified and
delineated in accordance with this law
Cert of Ancestral Lands Title title
formally recognizing the rights of ICCs/IPs
over their ancestral lands

MIA UNABIA PROUD PORTIAN

Free and Prior Informed Consent (FCIP)

the consensus of all members of the
ICCs/IPs to be determined in accordance
with their respective customary laws and
practices,
free
from
any
external
manipulation, interference and coercion,
and obtained after fully disclosing the
intent and scope of the activity, in a
languange and process understandable to
the community
Indigenous Cultural
Communities or
Indigenous Peoples a group of people or
homogenous societies identified by selfascription and ascription by others, who
have continuously lived as an organized
community on communally bounded and
defined territory, and who have, under
claims
of
ownership
since
time
immemorial, occupied, possessed and
utilized such territories, sharing common
bonds of language, customs, traditions,
and other distinctive cultural traits, or who
have, through resistance to political, social
and cultural inroads of colonization, non
indigenous religions and cultures, became
historically
differentiated
from
the
majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as
indigenous on accout of their descent from
the populatiosn which inhabited the
country, at the time of conquest or
colonization, or at the time of inroads of
non-indigenous religions and cultures, or
the establishment of present state
boundaries, who retain some or all of their
own social, economic, cultural and political
institutions, but who may have been
displaced from their traditional domains or
who may have resettled outside their
ancestral domains
Natl Commission on Indigenous People
(NCIP) the office created under this Act,
which shall be under the Office of the Pres,
and
which
shall
be
the
primary
government agency responsible for the
formulations
and
implementation
of
policies, plans and programs to recognize,
protect and promote the rights of ICCs/IPs
Native title refers to pre-conquest rights
to lands and domains which, as far back
as memory reaches, have been held under
a claim of private ownership by ICCs/IPs,
have never been public lands and are thus
indisputably presumed to have been held
that way since before the Spanish
Conquest
Time Immemorial refers to a period of
time when as far back as memory can go,
certain ICCs/IPs are known to have
occupied, possessed in the concept of
owner, and utilized a defined territory

devolved to them, by operation of

customary law or inherited from their
ancestors, in accordance with their
customs and traditions.
Rights to Ancestral Domain
Concept of Ancestral Lands/Domains not
only physical but also the spiritual and cultural
bonds to the areas
Indigenous Concept of Ownership

Serve as material bases of their cultural

integrity
ICCs/IPs private but community property
which belongs to all generations
Cannot be sold, disposed or destroyed

Rights to Ancestral Domains

1. Right of Ownership
a. Right to claim ownership over
lands, bodies of water traditionally
and actually occupied, sacred
places, traditional hunting and
fishing grounds
2. Right to Develop Lands and Natural
Resources
a. Right to develop, control and use
lands and territories traditionally
occupied, owned, or used
b. To manage and conserve the
natural resources
c. Right to negotiate the terms and
conditions for the exploration of
natural resources for the purpose
of
ensuring
ecological,
environmental protection and the
conservation measures
d. Receive just and fair compensation
for any damages which they may
sustain as a result of the project
e. Right to effective measures by the
govt to prevent any interference
with alienation and encroachment
upon these rights
3. Right to Stay in the Territories
a. Right to stay and not to be
removed therefrom
b. No ICCs/IPs will be relocated w/o
their free and prior informed
consent,
other
than
eminent
domain
c. Shall be guaranteed the right to
return to their ancestral domains,
as soon as the frounds for
relocation cease to exist
4. Right in case of Displacement
a. State shall endeavor to resettle the
displaced ICCs/IPs where they can
have
temporary
life
support
systems

MIA UNABIA PROUD PORTIAN

5.
6.

7.
8.

b. Right to return to their abandoned

lands
c. Shall enjoy security of tenure over
lands to which they have been
resettled
Right to Regulate Entry of Migrants
Right to Safe and Clean Air and Water
a. Shall have access to integrated
systems for the management of
their inland waters and air space
Right to Claim Parts of Reservations
Right to Resolve Conflicts

Ownership of Mineral Resources

Right to Ancestral Lands

1. Right to transfer land/property among
members of the same ICCs/IPs
2. Right to redemption right to redeem land
within a period not exceeding 15 years, if
transfer of land to non members of the
concerned ICCs/IPs is tainted by the
vititated consent

Mineral lands and Mineral Deposits

Option to Secure Cert of Title under CA 141

or LRA 492

OCENPO for a period of not less than 30

years
Exercised within 20 years (up to 2018
only)

GR: Lands under Ancestral Domain shall

be exempt from real property taxes,
special levies and other forms of exaction
XPN: Portions of the ancestral domain
that are actually used for large-scale
agriculture, commercial forest plantation
and residential purposes or upon titling by
private persons

Appeals to the Court of Appeals

Exemption from taxes

Decisions of the NCIP shall be appealable

to the CA by way of a petition for review

Declaration of Policy

It shall be the responsibility of the State to

promote
their
rational
exploration,
development, utilization and conservation
through
the
combined
efforts
of
government and the private sector in
order to enhance natl growth in a way that
effectively safeguards the environment
and protect the rights of affected
communities

Mineral lands any area where mineral

resources are found
Minerals all naturally-occuring inorganic
substance in solid, gas, liquid, or any
intermediate state excluding energy
materials such as coal, petroleum, natural
gas, radioactive materials and geothermal
energy
Mineral resources any concentration of
minerals/rocks with POTENTIAL economic
value
Mineral deposits natural deposits or
accumulation of minerals, belong to the
state, whether found in public or private
lands, or in beds of creeks, rivers, lakes or
other submerged lands w/in the territorial
waters or on the continental shelf

Mineral reservations

Part II. Mineral Lands

Chapter 1. Mining in General

Mineral lands are owned by the State and

the exploration, development, utilization
and processing thereof shall be under its
full control and supervision
The state may directly undertake such
activities or it may enter into mineral
agreements with contractors
The state shall recognize and protect the
rights of the ICCs to their ancestral lands
as provided by the Consti
o No ancestral land shall be opened
for mining operations w/o the FPIC
of the indigenous cultural minority
concerned

The Pres upon the recommendation of the

Director through the Sec, may establish
mineral reservations
When there is a need to preserve strategic
raw materials for industries critical to natl
devl, or certain minerals for scientific,
cultural or ecological value, the Pres may
establish mineral reservations
All submerged lands w/in the contiguous
zone and in the exclusive economic zone
of the Phils are hereby declared to be
mineral reservations

Mine and quarry distinguished

Whether any excavation be a mine or not

depends on the mode which it is worked
and not on the substance obtained from it

Mine
A
work
for
the
excavtion of minerals,
by means of pits,

MIA UNABIA PROUD PORTIAN

Quarry
The whole excavation
is open

shafts, levels, tunnels,

and others
Mining Claim

A parcel of land containing precious metal

in its soil or rock, and is often used in
mining parlance as synonymous with the
term location
Location the act of appropriating a
mining claim on the public domain, accdg
to established law or rules

Perfected mining claim deemed withdrawn

from public domain

A perfected valid appropriation of public

mineral land operates as a withdrawal of
the tracts from the body of the public
domain, and so long as such appropriation
remains valid and subsisting, the land
covered thereby is deemed private
property

Mineral lands when not deemed part of

NatRes

Mineral lands which at the time the

constitutional provision took effect no
longer formed part of the public domain,
they having been segregated from the
natural
resources
in
the
sense
contemplated, do not come within the
prohibition

Chapter 2. Prospecting, Location

Registration of Mining Claims

and

Maximum area of mining claims allowed

Onshore, in any one province

For individuals - 20 blocks
For
partnerships,
coprs,
coops, or assoc 200 blocks
Onshore, in the entire Phils
For individuals 40 blocks
For partnerships etc 400
blocks
Offshore, beyond 500m from the mean
low tied level
For individuals 100 blocks
For partnerships etc 1000
blocks
A block or meridional block means an area
bounded by minute of latitude and
minute
of
longitude,
containing
approximately 81 hect

Areas open to mining operations

All mineral resources in public or private

lands, inc timber or forests lands shall be
open to mineral agreements or financial
and technical assistance agreement
applications
Mining agreement or financial or technical
assistance agreement applications shall
not be allowed:
o Military and other govt reservations
(XPN: prior written clearance)
o Near or under public or private
bldgs, cemeteries, archeological
and
historic
sites,
bridges,
highways etc
o Areas covered by valid and existing
mining rights
o Areas expressedly prohibited by
law
o Areas covered by small-scale
miners
o Old growth or virgin forests

Declaration of Location (Claim) of Mining

Claim

A qualified person locating a mining claim

is required to prepare by himself or
through his agent a declaration of location
in the form prescribed, and record it after
having been duly accomplished and
notarized with the Mines Regional
Recorder

Registration of Declaration of Location, etc

The declaration of location is to be filed

and registered with the Mines Regional
Recorder
Assignment or transfer by the claim-owner
as well as any other docu or instruments
relating to or affecting any mining right or
title thereto or interest therein are likewise
to be recorded

Amendment
allowable

of

declaration

location

Provided that such amended declaration

will not prejudice pre-existing rights of 3rd
persons and that no lease on the mining
claim affected has as yet been granted to
him by the Govt prior to the filing of the
amended declaration

Rights
acquired
by
declaration of location

of

registration

of

Shall give the claim owner, his successors

and assigns, the right to occupy, explore
and develop said claim from the date of
the recording thereof

MIA UNABIA PROUD PORTIAN

Exploration permit

Before a qualified person may enter into a

mineral agreement, he has to explore the
land first, and secure an exploration
permit from the Bureau of Mines and Geosciences
An exploration permit shall be for a period
of 2 years subject to annual review and
relinquishment or renewal upon the
recommendation of the Dir

Declaration of mining project feasibility

The approval of the mining project

feasibility and compliance with other
requirements provided in this act shall
entitle the holder to an exclusive right to
a mineral production sharing agreement
or other mineral agreements or financial
or technical assistance agreement

Assignment
agreement

Forms of mineral agreements

Mineral production sharing agreement is

an agreement where the govt grants to
the contractor the exclusive right to
conduct mining operations w/in a contract
area and shares in the gross outpus. The
contractor shall provide the financing,
technology, management and personnel
necessary for the implementation of this
agreement
Co-production
agreement

is
an
agreement btw the govt and the
contractor wherein the govt shall provide
inputs to the mining operations other
than the mineral resource
Joint venture agreement is an
agreement
where
a
joint-venture
company is organized by the govt and the
contractor with both parties having equity
shares. Aside from earnings in equity, the
govt shall be entitled to a share in the
gross output

Onshore, in any one province

o For individuals 10 blocks
o For partnerships, coops, assoc, or
corps 100 blocks
Onshore, in the entire Phils
o For individuals 20 blocks
o For partnerships etc 200 blocks
Offshore, in the entire Phils
o For individuals 50 blocks
o For partnerships etc 500 blocks

transfer

of

mineral

The rights and obligations derived from a

mineral agreement, can not, ordinarily be
assigned or transferred unless there is a
prior approval of the SENR

Contractor may, by giving due notice at

any time during the term of the
agreement, apply for the cancellation of
the mineral agreement due to causes
which, in the opinion of the contractor,
make continued mining operations no
longer feasible or viable
Provided, that the contractor has met all
its financial, fiscal, and legal obligations

Financial
or
agreements;
contract area

Maximum area for mineral agreement

or

Withdrawal from mineral agreement

Chapter 3. Survey and Lease of Mining

Claims

For the exclusive economic zone, a

larger area to be determined by
the Sec
Shall not include mining or quarry areas
under operating agreements btw the
contractor and a claim owner /lessee
/permitee /licensee
o

technical
eligibility;

assistance
maximum

Any qualified person with technical

and financial capability to undertake
large scale exploration, devl and
utilization of mineral resources in the
Phils may enter into a financial or
technical
assistance
agreement
directly with the govt
Limited to petroleum, mineral oils,
minerals
Maximum area as provided for the law
that a person may be granted are:
o 1,000
meridional
blocks
onshore
o 4,000
meridional
blocks
offshore
o Combinations of (a) and (b)
provided that it shall not
exceed the maximum limits of
onshore and offshore areas

Option to convert into a mining agreement

If the economic viability of the contract

area is found to be inadequate to justify
large-scale mining operations
Provided, that the mineral agreement shall
only be for the remaining period of the
orig agreement

MIA UNABIA PROUD PORTIAN

In the case of foreign contractor, it shall

reduce its equity to 40% in the corp,
partnership, assoc or coop
o To allow fil ownership and control

Assignment or transfer of agreement

Subject to the prior approval of the Pres

Provided that the Pres shall notify
Congress of every financial or technical
assistance
agreement
assigned
or
converted

Withdrawal from financial

assistance agreement

or

Contractor shall manifest in writing to the

Sec his intention to withdraw form the
agreement

The Provincial governor shall grant the

permit after the applicant has complied
with all the requirements as prescribed by
the rules and regulations
The maximum area which a qualified
person may hold at any one time shall be
5 hect
A quarry permit shall have a term of 5
years, renewable for like periods but not
to exceed a total term of 25 years
No quarry permit shall be issued or
granted on any area covered by a mineral
agreement, or financial or technical
assistance agreement

Cancellations of quarry permit

May be cancelled by the provincial

governor for violations of the provisions of
this act

Kinds of quarry permits

Quarry resources defined

Any common stone or other common
mineral substance as the Dir of Mines and
Geo-sciences may so declare, such as, but
not restricted to, marl, marble, granite,
volcanic cinders, basalt, tuff and rock
phosphate, provided they contain no
metals or other valuable minerals in
economically substantial quantities

Quarry permit, area; period

technical

Chapter 4. Quarry Resources

any qualified person may apply to the

provincial or city mining regulatory board
for a quarry permit or privately owned
lands and or public lands for bldg and
construction materials

1. Commercial sand and gravel permit

permit to extract and remove sand and
gravel or other loose or unconsolidated
materials which are used in their natural
state, w/o undergoing processing from an
area of not more than 5 hect
2. Industrial sand and gravel permit
permit to extract sand and gravel and
other loose or unconsolidated materials
that necessitate the use of mechanical
processing covering an area of more than
5 hect
3. Exclusive sand and gravel permit for
your own consumption, provided that
there will be no commercial disposition
thereof

MIA UNABIA PROUD PORTIAN