REPUBLIC ACT No. 10023 Section 5. Removal of Restrictions.

 - The restrictions regarding encumbrances,

conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123
AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to
LANDS patents issued under this Act.

Be it enacted by the Senate and House of Representatives of the Philippine Congress
Assembled:
Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential
land may apply for a Free Patent Title under this Act: Provided; That in highly urbanized
cities, the land should not exceed two hundred (200) square meters; in other cities, it
should not exceed five hundred (500) square meters; in first class and second class
municipalities, it should not exceed seven hundred fifty (750) square meters; and in all
Section 6. Period for Application. - All applications shall be filed immediately after the
effectivity of this Act before the Community Environment and Natural Resources Office
(CENRO) of the DENR. The CENRO is mandated to process the application within one
hundred and twenty (120) days to include compliance with the required notices and other
legal requirements, and forward this recommendation to the Provincial Environment and
Natural Resources Office (PENRO), who shall have five (5) days to approve or
disapprove the patent. In case of approval, patent shall be issued; in case of conflicting
claims among different claimants, the parties may seek the proper judicial remedies. 1avvphi1

other municipalities, it should not exceed one thousand (1,000) square meters; Provided,
further, That the land applied for is not needed for public service and/or public use. Section 7. Implementing Rules and Regulations. - The Director of the Land Management
Bureau of the Department of Environment and Natural Resources (DENR) shall
Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas, promulgate rules and regulations to carry out the provisions of this Act, and shall see to it
including townsites as defined under the Public Land Act; Provided, That none of the that such are gender responsive.
provisions of Presidential Decree No. 705 shall be violated.
Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's
Zoned residential areas located inside a delisted military reservation or abandoned or letters of instruction, rules and regulations or any part thereof inconsistent with or
military camp, and those of local government units (LGUs) or townsites which preceded contrary to the provisions of this Act are hereby deemed repealed, amended or modified
Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, accordingly.
shall also be covered by this Act.
Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this
Section 3. Application. - The application on the land applied for shall be supported by a Act shall be declared unconstitutional or invalid by any competent court, other parts of
map based on an actual survey conducted by a licensed geodetic engineer and this Act shall be thereby shall continue to be in full force and effect.
approved by the Department of Environment and Natural Resources (DENR) and a
technical description of the land applied for together with supporting affidavit of two (2) Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its
disinterested persons who are residing in the barangay of the city or municipality where publication in two (2) national newspapers of general education.
the land is located, attesting to the truth of the facts contained in the application to the
effect that the applicant thereof has, either by himself or through his predecessor-in-
interest, actually resided on and continuously possessed and occupied, under a bona
fide claim of acquisition of ownership, the land applied for at least ten (10) years and has
complied with the requirements prescribed in Section 1 hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and
subject to private rights, if any, public land actually occupied and used for public schools,
municipal halls, public plazas or parks and other government institutions for public use or
purpose may be issued special patents under the name of the national agency or LGU
concerned: Provided, That all lands titled under this section shall not be disposed of
unless sanctioned by Congress if owned by the national agency or sanctioned by the
sanggunian concerned through an approved ordinance if owned by the LGU.
G.R. No. 179987               September 3, 2013
HEIRS OF MARIO MALABANAN, (Represented by Sally A. Malabanan), Petitioners,
vs.
REPUBLIC OF THE PHILIPPINES, Respondent.
RESOLUTION
BERSAMIN, J.:
For our consideration and resolution are the motions for reconsideration of the parties
who both assail the decision promulgated on April 29, 2009, whereby we upheld the
ruling of the Court of Appeals (CA) denying the application of the petitioners for the
registration of a parcel of land situated in Barangay Tibig, Silang, Cavite on the ground
that they had not established by sufficient evidence their right to the registration in
accordance with either Section 14(1) or Section 14(2) of Presidential Decree No. 1529
(Property Registration Decree).
Antecedents
The property subject of the application for registration is a parcel of land situated in
Barangay Tibig, Silang Cavite, more particularly identified as Lot 9864-A, Cad-452-D,
with an area of 71,324-square meters. On February 20, 1998, applicant Mario
Malabanan, who had purchased the property from Eduardo Velazco, filed an application
for land registration covering the property in the Regional Trial Court (RTC) in Tagaytay
City, Cavite, claiming that the property formed part of the alienable and disposable land
of the public domain, and that he and his predecessors-in-interest had been in open,
continuous, uninterrupted, public and adverse possession and occupation of the land for
more than 30 years, thereby entitling him to the judicial confirmation of his title.1
To prove that the property was an alienable and disposable land of the public domain,
Malabanan presented during trial a certification dated June 11, 2001 issued by the
Community Environment and Natural Resources Office (CENRO) of the Department of
Environment and Natural Resources (DENR), which reads:
This is to certify that the parcel of land designated as Lot No. 9864 Cad 452-D, Silang
Cadastre as surveyed for Mr. Virgilio Velasco located at Barangay Tibig, Silang, Cavite
containing an area of 249,734 sq. meters as shown and described on the Plan Ap-04-
00952 is verified to be within the Alienable or Disposable land per Land Classification
Map No. 3013 established under Project No. 20-A and approved as such under FAO 4-
1656 on March 15, 1982.2
After trial, on December 3, 2002, the RTC rendered judgment granting Malabanan’s
application for land registration, disposing thusly:
WHEREFORE, this Court hereby approves this application for registration and thus
places under the operation of Act 141, Act 496 and/or P.D. 1529, otherwise known as
Property Registration Law, the lands described in Plan Csd-04-0173123-D, Lot 9864-A
and containing an area of Seventy One Thousand Three Hundred Twenty Four (71,324)
Square Meters, as supported by its technical description now forming part of the record
of this case, in addition to other proofs adduced in the name of MARIO MALABANAN,
who is of legal age, Filipino, widower, and with residence at Munting Ilog, Silang, Cavite.
Once this Decision becomes final and executory, the corresponding decree of
registration shall forthwith issue.
SO ORDERED.3
The Office of the Solicitor General (OSG) appealed the judgment to the CA, arguing that
Malabanan had failed to prove that the property belonged to the alienable and
disposable land of the public domain, and that the RTC erred in finding that he had been
in possession of the property in the manner and for the length of time required by law for
confirmation of imperfect title.
On February 23, 2007, the CA promulgated its decision reversing the RTC and
dismissing the application for registration of Malabanan. Citing the ruling in Republic v.
Herbieto (Herbieto),4 the CA declared that under Section 14(1) of the Property
Registration Decree, any period of possession prior to the classification of the land as
alienable and disposable was inconsequential and should be excluded from the
computation of the period of possession. Noting that the CENRO-DENR certification
stated that the property had been declared alienable and disposable only on March 15,
1982, Velazco’s possession prior to March 15, 1982 could not be tacked for purposes of
computing Malabanan’s period of possession.
Due to Malabanan’s intervening demise during the appeal in the CA, his heirs elevated
the CA’s decision of February 23, 2007 to this Court through a petition for review on
certiorari.
The petitioners assert that the ruling in Republic v. Court of Appeals and Corazon
Naguit5 (Naguit) remains the controlling doctrine especially if the property involved is
agricultural land. In this regard, Naguit ruled that any possession of agricultural land prior
to its declaration as alienable and disposable could be counted in the reckoning of the
period of possession to perfect title under the Public Land Act (Commonwealth Act No.
141) and the Property Registration Decree. They point out that the ruling in Herbieto, to
the effect that the declaration of the land subject of the application for registration as
alienable and disposable should also date back to June 12, 1945 or earlier, was a mere
obiter dictum considering that the land registration proceedings therein were in fact found
and declared void ab initio for lack of publication of the notice of initial hearing.
The petitioners also rely on the ruling in Republic v. T.A.N. Properties, Inc. 6 to support
their argument that the property had been ipso jure converted into private property by
reason of the open, continuous, exclusive and notorious possession by their
predecessors-in-interest of an alienable land of the public domain for more than 30
years. According to them, what was essential was that the property had been
"converted" into private property through prescription at the time of the application
without regard to whether the property sought to be registered was previously classified
as agricultural land of the public domain.
As earlier stated, we denied the petition for review on certiorari because Malabanan
failed to establish by sufficient evidence possession and occupation of the property on
his part and on the part of his predecessors-in interest since June 12, 1945, or earlier.
Petitioners’ Motion for Reconsideration
In their motion for reconsideration, the petitioners submit that the mere classification of
the land as alienable or disposable should be deemed sufficient to convert it into
patrimonial property of the State. Relying on the rulings in Spouses De Ocampo v.
Arlos,7 Menguito v. Republic8 and Republic v. T.A.N. Properties, Inc.,9 they argue that the
reclassification of the land as alienable or disposable opened it to acquisitive prescription
under the Civil Code; that Malabanan had purchased the property from Eduardo Velazco
believing in good faith that Velazco and his predecessors-in-interest had been the real
owners of the land with the right to validly transmit title and ownership thereof; that
consequently, the ten-year period prescribed by Article 1134 of the Civil Code, in relation
to Section 14(2) of the Property Registration Decree, applied in their favor; and that when
Malabanan filed the application for registration on February 20, 1998, he had already
been in possession of the land for almost 16 years reckoned from 1982, the time when
the land was declared alienable and disposable by the State.
The Republic’s Motion for Partial Reconsideration
The Republic seeks the partial reconsideration in order to obtain a clarification with
reference to the application of the rulings in Naguit and Herbieto.
Chiefly citing the dissents, the Republic contends that the decision has enlarged, by
implication, the interpretation of Section 14(1) of the Property Registration Decree
through judicial legislation. It reiterates its view that an applicant is entitled to registration
only when the land subject of the application had been declared alienable and
disposable since June 12, 1945 or earlier.
Ruling
We deny the motions for reconsideration.
In reviewing the assailed decision, we consider to be imperative to discuss the different
classifications of land in relation to the existing applicable land registration laws of the
Philippines.
Classifications of land according to ownership
Land, which is an immovable property,10 may be classified as either of public dominion or
of private ownership.11 Land is considered of public dominion if it either: (a) is intended
for public use; or (b) belongs to the State, without being for public use, and is intended
for some public service or for the development of the national wealth. 12 Land belonging to
the State that is not of such character, or although of such character but no longer
intended for public use or for public service forms part of the patrimonial property of the
State.13 Land that is other than part of the patrimonial property of the State, provinces,
cities and municipalities is of private ownership if it belongs to a private individual.
Pursuant to the Regalian Doctrine (Jura Regalia), a legal concept first introduced into the
country from the West by Spain through the Laws of the Indies and the Royal
Cedulas,14 all lands of the public domain belong to the State. 15 This means that the State
is the source of any asserted right to ownership of land, and is charged with the
conservation of such patrimony.16
All lands not appearing to be clearly under private ownership are presumed to belong to
the State. Also, public lands remain part of the inalienable land of the public domain
unless the State is shown to have reclassified or alienated them to private persons.17
Classifications of public lands
according to alienability
Whether or not land of the public domain is alienable and disposable primarily rests on
the classification of public lands made under the Constitution. Under the 1935
Constitution,18 lands of the public domain were classified into three, namely, agricultural,
timber and mineral.19 Section 10, Article XIV of the 1973 Constitution classified lands of
the public domain into seven, specifically, agricultural, industrial or commercial,
residential, resettlement, mineral, timber or forest, and grazing land, with the reservation
that the law might provide other classifications. The 1987 Constitution adopted the
classification under the 1935 Constitution into agricultural, forest or timber, and mineral,
but added national parks.20 Agricultural lands may be further classified by law according
to the uses to which they may be devoted. 21 The identification of lands according to their
legal classification is done exclusively by and through a positive act of the Executive
Department.22
Based on the foregoing, the Constitution places a limit on the type of public land that may
be alienated. Under Section 2, Article XII of the 1987 Constitution, only agricultural lands
of the public domain may be alienated; all other natural resources may not be.
Alienable and disposable lands of the State fall into two categories, to wit: (a) patrimonial
lands of the State, or those classified as lands of private ownership under Article 425 of
the Civil Code,23 without limitation; and (b) lands of the public domain, or the public lands
as provided by the Constitution, but with the limitation that the lands must only be
agricultural. Consequently, lands classified as forest or timber, mineral, or national parks
are not susceptible of alienation or disposition unless they are reclassified as
agricultural.24 A positive act of the Government is necessary to enable such
reclassification,25 and the exclusive prerogative to classify public lands under existing
laws is vested in the Executive Department, not in the courts.26 If, however, public land
will be classified as neither agricultural, forest or timber, mineral or national park, or when
public land is no longer intended for public service or for the development of the national
wealth, thereby effectively removing the land from the ambit of public dominion, a
declaration of such conversion must be made in the form of a law duly enacted by
Congress or by a Presidential proclamation in cases where the President is duly
authorized by law to that effect.27 Thus, until the Executive Department exercises its
prerogative to classify or reclassify lands, or until Congress or the President declares that
the State no longer intends the land to be used for public service or for the development
of national wealth, the Regalian Doctrine is applicable.
Disposition of alienable public lands
Section 11 of the Public Land Act (CA No. 141) provides the manner by which alienable
and disposable lands of the public domain, i.e., agricultural lands, can be disposed of, to
wit:
Section 11. Public lands suitable for agricultural purposes can be disposed of only as
follows, and not otherwise:
(1) For homestead settlement;
(2) By sale;
(3) By lease; and
(4) By confirmation of imperfect or incomplete titles;
(a) By judicial legalization; or
(b) By administrative legalization (free patent).
The core of the controversy herein lies in the proper interpretation of Section 11(4), in
relation to Section 48(b) of the Public Land Act, which expressly requires possession by
a Filipino citizen of the land since June 12, 1945, or earlier, viz:
Section 48. The following-described citizens of the Philippines, occupying lands of the
public domain or claiming to own any such lands or an interest therein, but whose titles
have not been perfected or completed, may apply to the Court of First Instance of the
province where the land is located for confirmation of their claims and the issuance of a
certificate of title thereafter, under the Land Registration Act, to wit:
xxxx
(b) Those who by themselves or through their predecessors-in-interest have been in
open, continuous, exclusive, and notorious possession and occupation of alienable and
disposable lands of the public domain, under a bona fide claim of acquisition of
ownership, since June 12, 1945, or earlier, immediately preceding the filing of the
applications 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 of title under the provisions of this
chapter. (Bold emphasis supplied)
Note that Section 48(b) of the Public Land Act used the words "lands of the public
domain" or "alienable and disposable lands of the public domain" to clearly signify that
lands otherwise classified, i.e., mineral, forest or timber, or national parks, and lands of
patrimonial or private ownership, are outside the coverage of the Public Land Act. What
the law does not include, it excludes. The use of the descriptive phrase "alienable and
disposable" further limits the coverage of Section 48(b) to only the agricultural lands of
the public domain as set forth in Article XII, Section 2 of the 1987 Constitution. Bearing in
mind such limitations under the Public Land Act, the applicant must satisfy the following
requirements in order for his application to come under Section 14(1) of the Property
Registration Decree,28 to wit:
1. The applicant, by himself or through his predecessor-in-interest, has been in
possession and occupation of the property subject of the application;
2. The possession and occupation must be open, continuous, exclusive, and
notorious;
 3. The possession and occupation must be under a bona fide claim of acquisition
of ownership;
4. The possession and occupation must have taken place since June 12, 1945,
or earlier; and
5. The property subject of the application must be an agricultural land of the
public domain.
Taking into consideration that the Executive Department is vested with the authority to
classify lands of the public domain, Section 48(b) of the Public Land Act, in relation to
Section 14(1) of the Property Registration Decree, presupposes that the land subject of
the application for registration must have been already classified as agricultural land of
the public domain in order for the provision to apply. Thus, absent proof that the land is
already classified as agricultural land of the public domain, the Regalian Doctrine
applies, and overcomes the presumption that the land is alienable and disposable as laid
down in Section 48(b) of the Public Land Act. However, emphasis is placed on the
requirement that the classification required by Section 48(b) of the Public Land Act is
classification or reclassification of a public land as agricultural.
The dissent stresses that the classification or reclassification of the land as alienable and
disposable agricultural land should likewise have been made on June 12, 1945 or earlier,
because any possession of the land prior to such classification or reclassification
produced no legal effects. It observes that the fixed date of June 12, 1945 could not be
minimized or glossed over by mere judicial interpretation or by judicial social policy
concerns, and insisted that the full legislative intent be respected.
We find, however, that the choice of June 12, 1945 as the reckoning point of the requisite
possession and occupation was the sole prerogative of Congress, the determination of
which should best be left to the wisdom of the lawmakers. Except that said date qualified
the period of possession and occupation, no other legislative intent appears to be
associated with the fixing of the date of June 12, 1945. Accordingly, the Court should
interpret only the plain and literal meaning of the law as written by the legislators.
Moreover, an examination of Section 48(b) of the Public Land Act indicates that
Congress prescribed no requirement that the land subject of the registration should have
been classified as agricultural since June 12, 1945, or earlier. As such, the applicant’s
imperfect or incomplete title is derived only from possession and occupation since June
12, 1945, or earlier. This means that the character of the property subject of the
application as alienable and disposable agricultural land of the public domain determines
its eligibility for land registration, not the ownership or title over it.
Alienable public land held by a possessor, either personally or through his predecessors-
in-interest, openly, continuously and exclusively during the prescribed statutory period is
converted to private property by the mere lapse or completion of the period.29 In fact, by
virtue of this doctrine, corporations may now acquire lands of the public domain for as
long as the lands were already converted to private ownership, by operation of law, as a
result of satisfying the requisite period of possession prescribed by the Public Land
Act.30 It is for this reason that the property subject of the application of Malabanan need
not be classified as alienable and disposable agricultural land of the public domain for
the entire duration of the requisite period of possession.
To be clear, then, the requirement that the land should have been classified as alienable
and disposable agricultural land at the time of the application for registration is necessary
only to dispute the presumption that the land is inalienable.
The declaration that land is alienable and disposable also serves to determine the point
at which prescription may run against the State. The imperfect or incomplete title being
confirmed under Section 48(b) of the Public Land Act is title that is acquired by reason of
the applicant’s possession and occupation of the alienable and disposable agricultural
land of the public domain. Where all the necessary requirements for a grant by the
Government are complied with through actual physical, open, continuous, exclusive and
public possession of an alienable and disposable land of the public domain, the
possessor is deemed to have acquired by operation of law not only a right to a grant, but
a grant by the Government, because it is not necessary that a certificate of title be issued
in order that such a grant be sanctioned by the courts.31
If one follows the dissent, the clear objective of the Public Land Act to adjudicate and
quiet titles to unregistered lands in favor of qualified Filipino citizens by reason of their
occupation and cultivation thereof for the number of years prescribed by law 32 will be
defeated. Indeed, we should always bear in mind that such objective still prevails, as a
fairly recent legislative development bears out, when Congress enacted legislation
(Republic Act No. 10023)33 in order to liberalize stringent requirements and procedures in
the adjudication of alienable public land to qualified applicants, particularly residential
lands, subject to area limitations.34
On the other hand, if a public land is classified as no longer intended for public use or for
the development of national wealth by declaration of Congress or the President, thereby
converting such land into patrimonial or private land of the State, the applicable provision
concerning disposition and registration is no longer Section 48(b) of the Public Land Act
but the Civil Code, in conjunction with Section 14(2) of the Property Registration
Decree.35 As such, prescription can now run against the State.
To sum up, we now observe the following rules relative to the disposition of public land or
lands of the public domain, namely:
 (1) As a general rule and pursuant to the Regalian Doctrine, all lands of the SO ORDERED.
public domain belong to the State and are inalienable. Lands that are not clearly
under private ownership are also presumed to belong to the State and, therefore,
may not be alienated or disposed;

(2) The following are excepted from the general rule, to wit:

(a) Agricultural lands of the public domain are rendered alienable and disposable through
any of the exclusive modes enumerated under Section 11 of the Public Land Act. If the
mode is judicial confirmation of imperfect title under Section 48(b) of the Public Land Act,
the agricultural land subject of the application needs only to be classified as alienable
and disposable as of the time of the application, provided the applicant’s possession and
occupation of the land dated back to June 12, 1945, or earlier. Thereby, a conclusive
presumption that the applicant has performed all the conditions essential to a
government grant arises,36 and the applicant becomes the owner of the land by virtue of
an imperfect or incomplete title. By legal fiction, the land has already ceased to be part of
the public domain and has become private property.37

(b) Lands of the public domain subsequently classified or declared as no longer intended
for public use or for the development of national wealth are removed from the sphere of
public dominion and are considered converted into patrimonial lands or lands of private
ownership that may be alienated or disposed through any of the modes of acquiring
ownership under the Civil Code. If the mode of acquisition is prescription, whether
ordinary or extraordinary, proof that the land has been already converted to private
ownership prior to the requisite acquisitive prescriptive period is a condition sine qua non
in observance of the law (Article 1113, Civil Code) that property of the State not
patrimonial in character shall not be the object of prescription.

To reiterate, then, the petitioners failed to present sufficient evidence to establish that
they and their predecessors-in-interest had been in possession of the land since June
12, 1945. Without satisfying the requisite character and period of possession -
possession and occupation that is open, continuous, exclusive, and notorious since June
12, 1945, or earlier - the land cannot be considered ipso jure converted to private
property even upon the subsequent declaration of it as alienable and disposable.
Prescription never began to run against the State, such that the land has remained
ineligible for registration under Section 14(1) of the Property Registration Decree.
Likewise, the land continues to be ineligible for land registration under Section 14(2) of
the Property Registration Decree unless Congress enacts a law or the President issues a
proclamation declaring the land as no longer intended for public service or for the
development of the national wealth. 1âwphi1

WHEREFORE, the Court DENIES the petitioners' Motion for Reconsideration and the
respondent's Partial Motion for Reconsideration for their lack of merit.
RULES AND REGULATIONS FOR THE ISSUANCE OF FREE PATENTS TO
RESIDENTIAL LANDS UNDER REPUBLIC ACT NO. 10023
Pursuant to Section 7 of Republic Act No. 10023, otherwise known as An Act Authorizing
the Issuance of Free Patents to Residential Lands (“RA 10023”), mandating the Director
of the Land Management Bureau of the Department of Environment and Natural
Resources to issue the implementing rules and regulations of this Act, the following rules
and regulations specifically pertaining to residential lands are hereby promulgated:
Section 1. Scope of the Implementing Rules and Regulations. – This implementing
rules and regulations, hereinafter referred to as the IRR, shall only cover applications for
free patents pertaining to untitled public alienable and disposable lands which have been
zoned as residential. It shall also cover zoned residential areas in proclaimed townsite
reservations.
Section 2. Definition of terms. – For purposes of RA 10023, the following terms and
phrases as used in this IRR are defined and understood as follows:
2.1. Filipino Citizen – as enumerated in Article IV Section I of the 1987 Constitution, the
following are citizens of the Philippines:
2.1.1.   Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution;
2.1.2.   Those whose fathers or mothers are citizens of the Philippines;
2.1.3.   Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age or majority; and
2.1.4.    Those who are naturalized in accordance with law.
In addition, a person with dual citizenship as provided for in Republic Act No.  9225 and
its implementing rules and regulations shall be considered a Filipino citizen.
2.2. Actual occupant – any person who, either by herself or himself or through her or his
predecessor-in-interest, is occupying, living in, inhabiting or staying in a structure, the
primary purpose of which is to serve as the residence of such person, situated on the
parcel of residential land subject of the free patent application. This is subject to the
requirements under subsections 2.11, 2.12 and 2.13 below.
2.2.1.   For purposes of this IRR, persons employed in distant locations, either foreign or
domestic, in public or private service, such that they are not able to stay at their place of
residence for long periods of time, are deemed actual occupants.
2.3. Residential lands – all lands that have been identified and zoned as residential
through the appropriate ordinance by the Local Government Unit (LGU) having
jurisdiction over the area. These include residential lands within areas zoned as mixed
residential and commercial or mixed residential and industrial.
2.4. Alienable and Disposable lands- Lands of the public domain classified as agricultural
that may be acquired through grant or confirmation of title.
2.5. Townsite reservations – proclaimed areas specifically reserved for the establishment
of a new town as provided for in Chapter XI Title V of C.A. 141 or the Public Land Act as
Amended.
2.6. Highly urbanized cities (HUC) – as defined in Republic Act No. 7610, otherwise
known as the Local Government Code (LGC), cities with a minimum population of two
hundred thousand (200,000) inhabitants, as certified by the National Statistics Office,
and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based
on 1991 constant prices, as certified by the city treasurer. Provided that, any future
changes in qualifications for classification as HUC by the concerned government agency
at the time of filing of the application will prevail.
2.7. First class municipalities – municipalities with an average annual income of Fifty
Five Million Pesos (P55,000,000.00), as provided for in Department Order No. 23-08 of
the Department of Finance, dated July 29, 2008 (DO 23-08). Provided that, any future
changes in qualifications for classification as first class municipality by the concerned
government agency at the time of filing of the application will prevail.
2.8. Second class municipalities – municipalities with an average annual income equal to
or more than Forty Five Million Pesos (P45,000,000.00), but not exceeding Fifty Five
Million Pesos (P55,000,000.00), as provided for in DO 23-08. Provided that, any future
changes in qualifications for classification as second class municipality by the concerned
government agency at the time of filing of the application will prevail.
2.9. Use for Public service – utilization of parcels of land exclusively by the government
or any of its instrumentalities in providing basic services to the general public, such as,
but not limited to, market places; town, city, provincial, or barangay halls; hospitals,
clinics, and health centers; police stations; outposts; jails; and the like.
2.10.             Public use- utilization of parcels of land for structures which are open to the
general public, including, but not limited, to public plazas, parks, resorts, roadways,
recreational facilities, libraries, meeting places, playgrounds, public parking lots, and the
like.
2.11.             Disinterested person any person who has no claim over the parcel of land
subject of the free patent application and who does not stand to benefit from titling and
registration or any other transaction over such parcel of land. A person is also
disinterested when her or his relation to the cause or to the parties is such that she or he
has no incentive for exaggerating or giving false color to her or his statements, or for
suppressing or perverting the truth or for stating what is false.
2.12.             Predecessor-in-interest – a person who, before having lawfully transferred
the parcel subject of the application to the applicant, has held and possessed the same
in her or his own right and under a color of title acquired through any of the modes or
acquisition recognized by the Civil Code. She or he has formerly occupied this parcel of
land in the concept of an owner under a bona fide claim of ownership, but relinquishes
her or his right over the same in favor of the applicant.
2.13.             Actual residence – utilization of and presence in a residential structure on
the parcel subject of the application with the intention to reside, coupled with conduct
indicative of such intention, either continuous or interrupted or intermittent, as long as the
applicant possesses such structure and the parcel on which it stands in the concept of an
owner.
2.14.             Continuous possession and occupation – use either by the applicant herself
or himself, or through her or his predecessor-in-interest, or the parcel subject of the
application in the concept of an owner. This may be actual possession or occupation, or
constructive possession that provides for non-residence, but with the desire to come
back as soon as practicable. The possession and occupation, whether actual or
constructive, must be without interruption, except when prevented by force majeure or
circumstances beyond human control, or not of intermittent character while it continues.
A person who lawfully recovers possession unjustly lost, shall be deemed, for all
purposes which may redound to her or his benefit, to have enjoyed it without interruption.
2.15.             Bona fide claim of acquisition of ownership – claim for the parcel subject of
the application that is legally adequate as proof of possession and as acceptable to the
community to separate that particular parcel as being owned by the applicant to the
exclusion of others. It means that the applicant holds the properly by virtue of or through
any of the modes of acquisition recognized by the Civil Code. It also refers to a state of
mind which is manifested by the acts of the applicant, done with honest intention to
abstain from taking an unconscionable or unscrupulous advantage or another. It is the
opposite of fraud and its absence should he established by convincing evidence.
2.16.             Accomplished application – a proper application form completely and duly
filled in with the requisite information and that which does not require any additional
inputs other than those already provided in the form, together with all other requirements
enumerated under Section 5 of the IRR.
2.17.             CENRO – the Community Environment and Natural Resources Office of the
Department of Environment and Natural Resources (DENR) having jurisdiction over the
parcel subject of the application, which shall accept the accomplished application
submitted by the applicant. In the National Capital Region, the Regional Office shall
perform the functions of the CENRO. Where portions of the parcel subject of the
application are spread over two (2) or more areas under the jurisdiction of more than one
(1) CENRO, the parcel shall be divided such that the portions shall be the subject of
separate free patents applied for in the corresponding CENRO where they are located.
2.18.             PENRO – the Provincial Environment and Natural Resources Office of the
Department of Environment and Natural Resources (DENR) having jurisdiction over the
parcel subject of the application, which has the power to approve or disapprove such
application. In the National Capital Region, the Regional Executive Director shall perform
the functions of the PENRO. Upon approval of the application, the PENRO shall issue
the patent over such parcel of land.
Sec. 3. Qualifications. – Applicants for the issuance of a residential free patent shall
possess the following qualifications, namely:
3.
3.1. Filipino citizenship, as defined in subsection 2.1. In case of doubt the CENRO or the
land investigator concerned may ask for proof of citizenship such as, but not limited to, a
copy of the birth certificate, passport, decree or order of naturalization, or certificate of
dual citizenship.
3.2. Actual occupation, actual residence and continuous possession and occupation of
the parcel subject of the application, either by herself or himself or through her or his
predecessor-in-interest, under a bona fide claim of acquisition of ownership, for at least
ten (10) years prior to the filing of the application.
There shall be no age requirement for applicants as long as minor applicants, aged
below eighteen (18) years old, are duly represented by their legal guardians. The heirs of
a deceased applicant may substitute the applicant provided that they themselves
possess the required qualifications. There shall likewise be no limit as to the number of
applications which may be filed under RA 10023, provided that the limitations as to the
size of the parcel as stated in Section 4 shall not be exceeded.
No application shall be approved for any individual whose total landholding would exceed
a total of an accumulated twelve (12) hectares, including agricultural lands, should the
application be granted.
Sec. 4. Coverage. – The IRR covers all residential lands that have been identified and
zoned through the appropriate ordinance of the LGU concerned, provided that the land
applied for is not needed for public service and/or public use.
4.1. For highly urbanized cities, the area shall not exceed two hundred (200) square
meters.
4.2. For other cities, the area shall not exceed five hundred (500) square meters.
4.3. For first class and second class municipalities, the area shall not exceed seven
hundred fifty (750) square meters.
4.4. For all other municipalities, the area shall not exceed one thousand (1000) square
meters.
In the determination of the size limitation of the parcel subject of the application, the
above classifications of LGUs at the time of filing of the accomplished application shall
be considered.
All CENROs shall secure a copy of approved zoning ordinances of cities and
municipalities within their jurisdiction for identification of zoned residential areas. They
shall also secure area certifications from the LGU planning offices that the areas
identified and zoned as residential lands arc not needed for public use or public service.
The LGU zoning at the time of filing of the application shall be considered for purposes of
complying with the zoning requirement.
Sec. 5. Requirements for applications. The applicant ion form accompanied by the
requirements enumerated below shall constitute an accomplished application for the
issuance of free patents for residential lands.
5.1. Copy of approved plan based on an actual survey conducted by a licensed geodetic
engineer or copy of cadastral map showing the parcel of land applied for. For purposes
of securing the approval of a survey, the application number is not necessary.
5.2. Copy of technical description of the parcel of land subject of the application. LMB
form 700-2A or LMB form 700-2B may be used.
5.3. Simplified sketch of the land parcel showing the adjacent lots, corners and natural or
manmade features that define the boundaries of the land.
5.4. Affidavit of two (2) disinterested persons residing in the barangay of the city or
municipality where the land is located, attesting to the truth of the facts contained in the
application to the effect that the applicant thereof has, either by himself or through his
predecessor-in-interest, actually resided on and continuously possessed and occupied,
under a bona fide claim of acquisition of ownership, the subject land for at least ten (10)
years
5.5. For isolated applications, a certification from the Regional Trial Court that there is no
pending land registration case involving tile land parcel being applied for.
Sec. 6. Procedure in the CENRO for processing applications. – Applications for
residential free patent shall be filed in the CENRO whose jurisdiction covers the area
where the parcel of land subject of the application is situated. This may also include on-
site acceptance of accomplished applications by the CENRO or any of his authorized
representatives. The CENRO may also authorize any public office to accept applications
and to prepare applications and documents for processing.
6.1. No application shall be accepted/processed without submitting the complete
requirements including the approved plan and technical description. A preliminary
assessment of compliance with the qualifications and documentary requirements based
on the checklist may be made before acceptance of the application and the
commencement of the 120-day period.
6.2. Posting of Notices. – Upon receipt of an accomplished application, the CENRO
concerned shall cause the posting of notices for 15 days in two (2) conspicuous places
within the municipality or city, preferably in the location of its office, or any other place
that can be readily seen, such as, but not limited to, public bill boards, public plazas,
municipal/city/barangay halls and market places. The CENRO shall issue the certificate
of posting of notice after the 15 day period has elapsed.
6.3. The CENRO is required to process the application, including the publication thereof,
within a non-extendible period of one hundred twenty (120) days from the date of filing of
the accomplished application. The 120-day period starts the moment that an
accomplished application leaves the hands of the applicant and is turned over to the
CENRO or any authorized representative thereof. The period for verification with the
records (e.g. determining whether or not a patent had already been issued for the parcel
in question) is included in the 120-day period. The period for approval of surveys is not
included in the 120-day period. The CENRO may provide for acceptance and processing
of applications by batch (by date or by geography) to comply with the 120-day
processing period.
6.4. Upon approval of the CENRO, the application and the complete records of the
application shall be forwarded to the PENRO for her or his approval and signature.
6.5. Should the CENRO determine that the application is incomplete in requirements,
she or he shall reject the application without prejudice to re filing.
6.6. The investigator shall conduct an ocular inspection on the pared of land applied for
and shall determine the qualifications of the applicant as well as verify the claims of the
applicant on the land. The land investigator is authorized to subscribe proofs, affidavits
and oaths of any kind required or necessary in connection with the application for
residential free patent.
6.7. In case an opposition is filed, the 120-day period for processing shall be deemed
interrupted. The CENRO shall notify the applicant on the opposition and shall subject the
application to the regular claims and conflict procedures of the DENR.
6.8. The CENRO shall fast track the resolution of all claims and conflicts arising from
residential free patent applications within120 days and shall notify the conflicting parties
within 15 days from the date of resolution. The CENRO shall apply alternative dispute
resolution (ADR) mechanisms in the resolution of claims and conflicts.
6.9. The CENRO shall establish a computerized data base and system of record keeping
with respect to all public land applications and patents arising from the implementation of
this Act.
Sec. 7. Procedure in the PENRO. – Upon the recommendation of the CENRO
concerned, the corresponding PENRO shall have a non-extendible period of five (5) days
from receipt of such recommendation to either approve and sign the patent or disapprove
the application.
In case of approval, the PENRO shall notify the applicant within 15 days and forward the
patent to the Registry of Deeds
In case of disapproval, the PENRO shall notify the applicant within 15 days and remand
the entire records to the CENRO for appropriate action.
The PENRO may disapprove the application without prejudice to re-filing on the grounds
of non-compliance with documentary requirements. He/she may disapprove an
application with prejudice to refilling on grounds of non-qualification of the applicant and
when the land applied for should undergo claims and conflict resolution procedures.
The disapproval of the application by the PENRO may be appealed to the Secretary of
the DENR through appropriate channels
Sec. 8. Other Pending Applications. – Pending miscellaneous sales applications falling
within the purview of RA 10023 prior to the order of award may be converted to
applications for residential free patent. Provided, that the applicant is informed and
his/her consent is obtained.
All pending miscellaneous sales application after the order of award and those applicants
thereof who have commenced payment on any of the required equal annual installments
shall be given the option to continue with the miscellaneous sales application or to
convert their application into an application under RA 10023, provided that an affidavit of
relinquishment of rights to the MSA and of forfeiture of previously paid installments shall
be executed.
The conversion of pending Miscellaneous Sales Applications shall comply with the area
limits specified in Section 4.
The CENRO shall issue an order’ cancelling the miscellaneous sales application and
converting the MSA to a residential free patent application.
Townsite sales applications falling within the qualifications of R.A. 10023 and before the
bidding has been conducted, may also be converted to residential free patent
applications. Provided, that the applicant consents to the conversion and provided
further, that the applicant relinquishes any other type of claim through an affidavit. And
provided further, that the conversion shall comply with the area limits specified in Section
4.
Sec. 9. Removal of Restrictions. – The following restrictions under Chapter XIII, Title
VI of Commonwealth Act No. 141 shall not be applicable to patents issued under RA
10023, to wit:
“Section 118. Except in favor of the Government or any of its branches, units, or
institutions, lands acquired under free patent or homestead provisions shall not be
subject to encumbrance or alienation from the date of the approval of the application and
for a term of five years from and after the date of issuance of the patent or grant, nor
shall they become liable to the satisfaction of any debt contracted prior to the expiration
of said period, but the improvements or crops on the land may be mortgaged or pledged
to qualified persons, associations, or corporations.
No alienation, transfer, or conveyance of any homestead after five years and before
twenty-five years after issuance of title shall be valid without the approval of the
Secretary of Agriculture and Commerce, which approval shall not be denied except on
constitutional and legal grounds.”
“Section 119. Every conveyance of land acquired under the free patent or homestead
provisions, when proper, shall be subject to repurchase by the applicant, his widow, or
legal heirs, within a period of five years from the date of the conveyance.”
“Section 121. Except with the consent of the grantee and the approval of the Secretary of
Natural Resources, and solely for commercial, industrial, educational, religious or
charitable purposes or for a right of way, no corporation, association, or partnership may
acquire or have any right, title, interest, or property right whatsoever to any land granted
under the free patent, homestead, or individual sale provisions of this Act or to any
permanent improvement on such land. The provisions of Section 124 of this Act to the
contrary notwithstanding, any acquisition of such land, rights thereto or improvements
thereon by a corporation, association, or partnership prior to the promulgation of this
Decree for the purposes herein stated is deemed valid and binding; Provided, That no
final decision of reversion of such land to the State has been rendered by a court; And
Provided, further, That such acquisition is approved by the Secretary of Natural
Resources within six (6) months from the effectivity of this Decree.”
“Section 122. No land originally acquired in any manner under the provisions of this Act,
nor any permanent improvement on such land, shall encumbered, alienated, or’
transferred, except to persons, corporations, associations, or partnerships who may
acquire lands of the public domain under this Act or to corporations organized in the
Philippines authorized therefor by their charters.
Except in cases of hereditary succession, no land or any portion thereof originally
acquired under the free patent, homestead, or individual sale provisions of this Act, or
any permanent improvement on such land, shall be transferred or assigned to any
individual, nor shall such land or any permanent improvement thereon be leased to such
individual, when the area of said land, added to that of his own, shall exceed one
hundred and forty-four hectares. Any transfer, assignment, or lease made in violation
hereof, shall be null and void.”
“Section 123. No land originally acquired in any manner under the provisions of any
previous Act, ordinance, royal order, royal decree, or any other provision of law formerly
in force in the Philippines with regard to public lands, terrenos baldios y realengos, or
lands of any other denomination that were actually or presumptively of the public domain,
or by royal grant or in any other form, nor any permanent improvement on such land,
shall be encumbered, alienated, or conveyed, except to persons, corporations or
associations who may acquire land of the public domain under this Act or to corporate
bodies organized in the Philippines whose charters authorize them to do so; Provided,
however, That this prohibition shall not be applicable to the conveyance or acquisition by
reason of hereditary succession duly acknowledged and legalized by competent courts;
Provided, further, That in the event of the ownership of the lands and improvements
mentioned in this section and in the last preceding section being transferred by judicial
decree to persons, corporations or associations not legally capacitated to acquire the
same under the provisions of this Act, such persons, corporations, or associations shall
be obliged to alienate said lands or improvements to others so capacitated within the
precise period of five years; otherwise, such property shall revert to the Government.”
Sec. 10. Separability Clause. – If, for any reason, any section or provision of this
implementing Rules and Regulations is declared null and void, no other section,
provision, or part thereof shall be affected and the same shall remain in full force and
effect.
Sec. 11. Repealing Clause. – All orders, circulars, memoranda and other issuances
inconsistent herewith are hereby repealed and/or amended accordingly.
Sec. 12. Effectivity. – This order shall take effect fifteen (15) days after the publication
thereof in a newspaper of general circulation and acknowledgment of receipt of a copy
from the Office of the National Administrative Register.
Approved:
(Sgd.)HORACIO C. RAMOS
Secretary
Read more: https://www.foreclosurephilippines.com/free-patent-act-ra-10023-
irr/#ixzz6FXxXACRV
COMMONWEALTH ACT NO. 141
COMMONWEALTH ACT NO. 141* - AN ACT TO AMEND AND
COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC
DOMAIN
TITLE I
TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT
REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY —
THEREOF FOR CONCESSION
CHAPTER I
SHORT TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND
OFFICERS CHARGED WITH ITS EXECUTION
Section 1. The short title of this Act shall be "The Public Land Act.
Section2. The provisions of this Act shall apply to the lands of the
public domain; but timber and mineral lands shall be governed by
special laws and nothing in this Act provided shall be understood or
construed to change or modify the administration and disposition of
the lands commonly called "friar lands'' and those which, being
privately owned, have reverted to or become the property of the
Commonwealth of the Philippines, which administration and
disposition shall be governed by the laws at present in force or
which may hereafter be enacted.
Section3. The Secretary of Agriculture and Commerce shall be the
executive officer charged with carrying out the provisions of this Act
through the Director of Lands, who shall act under his immediate
control.
Section4. Subject to said control, the Director of Lands shall have
direct executive control of the survey, classification, lease, sale or
any other form of concession or disposition and management of the
lands of the public domain, and his decisions as to questions of fact
shall be conclusive when approved by the Secretary of Agriculture
and Commerce.
Section5. The Director of Lands, with the approval of the Secretary
of Agriculture and Commerce shall prepare and issue such forms,
instructions, rules, and regulations consistent with this Act, as may
be necessary and proper to carry into effect the provisions thereof
and for the conduct of proceedings arising under such provisions.
CHAPTER II
CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE
PUBLIC DOMAIN, FOR THE CONCESSION THEREOF
Section6. The President, upon the recommendation of the Secretary
of Agriculture and Commerce, shall from time to time classify the
lands of the public domain into —
(a) Alienable or disposable;
(b) Timber, and
(c) Mineral lands,
and may at any time and in a like manner transfer such lands from
one class to another, for the purposes of their administration and
disposition.
Section7. For the purposes of the administration and disposition of
alienable or disposable public lands, the President, upon
recommendation by the Secretary of Agriculture and Commerce,
shall from time to time declare what lands are open to disposition or
concession under this Act.
Section8. Only those lands shall be declared open to disposition or
concession which have been officially delimited and classified and,
when practicable, surveyed, and which have not been reserved for
public or quasi-public uses, nor appropriated by the Government,
nor in any manner become private property, nor those on which a
private right authorized and recognized by this Act or any other
valid law may be claimed, or which, having been reserved or
appropriated, have ceased to be so However, the President may, for
reasons of public interest, declare lands of the public domain open
to disposition before the same have had their boundaries
established or been surveyed, or may, for the same reason,
suspend their concession or disposition until they are again declared
open to concession or disposition by proclamation duly published or
by Act of the National Assembly.   (3) By lease
Section9. For the purpose of their administration and disposition,
the lands of the public domain alienable or open to disposition shall
be classified, according to the use or purposes to which such lands
are destined, as follows:
(a) Agricultural
(b) Residential commercial industrial or for similar productive
purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.
The President, upon recommendation by the Secretary of
Agriculture and Commerce, shall from time to time make the
classifications provided for in this section, and may, at any time and
in a similar manner, transfer lands from one class to another.
Section10. The words "alienation, "'disposition, or "concession" as
used in this Act, shall mean any of the methods authorized by this
Act for the acquisition, lease, use, or benefit of the lands of the
public domain other than timber or mineral lands.
TITLE II
AGRICULTURAL PUBLIC LANDS
CHAPTER III
FORMS OF CONCESSION OF AGRICULTURAL LANDS
Section11.  Public lands suitable for agricultural purposes can be
disposed of only as follows, and not otherwise:
(1) For homestead settlement
(2) By sale
(4) By confirmation of imperfect or incomplete titles:
(a) By judicial legalization
(b) By administrative legalization (free patent).
Section12. Any citizen of the Philippines over the age of eighteen
years, or the head of a family, who does not own more than twenty-
four hectares of land in the Philippines or has not had the benefit of
any gratuitous allotment of more than twenty-four hectares of land
since the occupation of the Philippines by the United States, may
enter a homestead of not exceeding twenty-four hectares of
agricultural land of the public domain.
Section13. Upon the filing of an application for a homestead, the
Director of Lands, if he finds that the application should be
approved, shall do so and authorize the applicant to take possession
of the land upon the payment of five pesos, Philippine currency, as
entry fee. Within six months from and after the date of the approval
of the application, the applicant shall begin to work the homestead,
otherwise he shall lose his prior right to the land.
Section14. No certificate shall be given or patent issued for the land
applied for until at least one-fifth of the land has been improved and
cultivated. The period within which the land shall be cultivated shall
not be less than one or more than five years, from and after the
date of the approval of the application. The applicant shall, within
the said period, notify the Director of Lands as soon as he is ready
to acquire the title. If at the date of such notice, the applicant shall
prove to the satisfaction of the Director of Lands, that he has
resided continuously for at least one year in the municipality in
which the land is located, or in a municipality adjacent to the same,
and has cultivated at least one-fifth of the land continuously since
the approval of the application, and shall make affidavit that no part
of said land has been alienated or encumbered, and that he has
complied with all the requirements of this Act, then, upon the
payment of five pesos, as final fee, he shall be entitled to a patent.
Section15. At the option of the applicant, payment of the fees
required in this chapter may be made to the municipal treasurer of
the locality, who, in turn, shall forward them to the provincial
treasurer. In case of delinquency of the applicant, the Director of
Lands may, sixty days after such delinquency has occurred, either
cancel the application or grant an extension of time not to exceed
one hundred and twenty days for the payment of the sum due.
Section16. If at any time before the expiration of the period allowed
by law for the making of final proof, it shall be proven to the
satisfaction of the Director of Lands, after due notice to the
homesteader, that the land entered is under the law not subject to
home-stead entry, or that the homesteader has actually changed his
residence, or voluntarily abandoned the land for more than six
months at any one time during the years of residence and
occupation herein required, or has otherwise failed to comply with
the requirements of this Act, the Director of Lands may cancel the
entry.
Section17. Before final proof shall be submitted by any person
claiming to have complied with the provisions of this chapter, due
notice, as prescribed by the Secretary of Agriculture and Commerce
shall be given to the public of his intention to make such proof,
stating therein the name and address of the homesteader, the
description of the land, with its boundaries and area, the names of
the witness 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.
Section18. In case the homesteader shall suffer from mental
alienation, or shall for any other reason be incapacitated from
exercising his rights personally, the person legally representing him
may offer and submit the final proof on behalf of such incapacitated
person.
Section19. Not more than one homestead entry shall be allowed to
any one person, and no person to whom a homestead patent has
been issued by virtue of the provisions of this Act regardless of the
area of his original homestead, may again acquire a homestead;
Provided, however, That any previous homesteader who has been
issued a patent for less than twenty-four hectares and otherwise
qualified to make a homestead entry, may be allowed another
homestead which, together with his previous homestead shall not
exceed an area of twenty-four hectares.
Section20. If at any time after the approval of the application and
before the patent is issued, the applicant shall prove to the
satisfaction of the Director of Lands that he has complied with all
the requirements of the law, but cannot continue with his
homestead, through no fault of his own, and there is a bona fide
purchaser for the rights and improvements of the applicant on the
land, and that the conveyance is not made for purposes of
speculation, then the applicant, with the previous approval of the
Director of Lands may transfer his rights to the land and
improvements to any person legally qualified to apply for a
homestead, and immediately after such transfer, the purchaser shall
file a homestead application for the land so acquired and shall
succeed the original homesteader in his rights and obligations
beginning with the date of the approval of said application of the
purchaser. Any person who has so transferred his rights may not
again apply for a new homestead. Every transfer made without the
previous approval of the Director of Lands shall be null and void and
shall result in the cancellation of the entry and the refusal of the
patent.
Section21. Any non-Christian Filipino who has not applied for a
home-stead, desiring to live upon or occupy land on any of the
reservations set aside for the so-called "non-Christian tribes" may
request a permit of occupation for any tract of land of the public
domain reserved for said non-Christian tribes under this Act, the
area of which shall not exceed four hectares. It shall be an essential
condition that the applicant for the permit cultivate and improve the
land, and if such cultivation has not been begun within six months
from and after the date on which the permit was received, the
permit shall be cancelled. The permit shall be for a term of one
year. If at the expiration of this term or at any time prior thereto,
the holder of the permit shall apply for a homestead under the
provisions of this chapter, including the portion for which a permit
was granted to him, he shall have the priority, otherwise the land
shall be again open to disposition at the expiration of the permit.
For each permit the sum of one peso shall be paid.
CHAPTER IV
SALE
Section22. Any citizen of lawful age of the Philippines, and any such
citizen not of lawful age who is a head of a family, and any
corporation or association of which at least sixty per centum of the
capital stock or of any interest in said capital stock belongs wholly to
citizens of the Philippines, and which is organized and constituted
under the laws of Philippines, and corporate bodies organized in the
Philippines authorized under their charters to do so; may purchase
any tract of public agricultural land disposable under this Act, not to
exceed one hundred and forty-four hectares in the case of an
individual and one thousand and twenty-four hectares in that of a
corporation or association, by proceeding as prescribed in this
chapter: Provided, That partnerships shall be entitled to purchase
not to exceed one hundred and forty-four hectares for each member
thereof. But the total area so purchased shall in no case exceed the
one thousand and twenty-four hectares authorized in this section for
associations and corporations.
Section23. No person, corporation, association, or partnership other
than those mentioned in the last preceding section may acquire or
own agricultural public land or land of any other denomination or
classification, which is at the time or was originally, really or
presumptively, of the public domain, or any permanent
improvement thereon, or any real right on such land and
improvement: Provided, however, That persons, corporations,
associations or partnerships which, at the date upon which the
Philippine Constitution took effect, held agricultural public lands or
land of any other denomination, that belonged originally, really or
presumptively, to the public domain, or permanent improvements
on such lands, or a real right upon such lands and Constitution took
improvements, having acquired the same under the laws and
regulations in force at the date of such acquisition, shall be
authorized to continue holding the same as if such persons,
corporations, associations, or partnerships were qualified under the
last preceding section; but they shall not encumber, convey, or
alienate the same to persons, corporations, associations, or
partnerships not included in section twenty-two of this Act, except
by reason of hereditary succession, duly legalized and acknowledged
by competent courts.
Section24. Lands sold under the provisions of this chapter must be
appraised in accordance with section one hundred and sixteen of
this Act. The Director of Lands shall announce the sale thereof by
publishing the proper notice once a week for six consecutive weeks
in the Official Gazette, and in two newspapers one published in
Manila and the other published in the municipality or in the province
where the lands are located, or in a neighboring province, and the
same notice shall be posted on the bulletin board of the Bureau Of
Lands in Manila, and in the most conspicuous place in the provincial
building and the municipal building of the province and municipality,
respectively, where the land is located, and, if practicable, on the
land itself; but if the value of the land does not exceed two hundred
and forty pesos, the publication in the Official Gazette and
newspapers may be omitted. The notices shall be published one in
English and the other in Spanish or in the local dialect, and shall fix
a date not earlier than sixty days after the date of the notice upon
which the land will be awarded to the highest bidder, or public bids
will be called for, or other action will be taken as provided in this
chapter.
Section25. Public agricultural lands which are not located within ten
(10) kilometers from the boundaries of the city proper in chartered
cities or within five (5) kilometers from the municipal hall or town
occupants plaza of any municipality may be sold to actual occupants
who do not own any parcel of land or whose total land holdings do
not exceed five hectares and who comply with the minimum
requirements of Commonwealth Act numbered one hundred forty-
one, as amended, and who have resided on the land applied for at
least two years prior to the date of the application.
All bids must be sealed and addressed to the Director of Lands and
must have enclosed therewith cash or certified check, treasury
warrant, or post-office money order payable to the order of the
Director of Lands for ten per centum of the amount of the bid, which
amount shall be retained in case the bid is accepted as part
payment of the purchase price: Provided, That no bid shall be
considered the amount of which is less than the appraised value of
the land.
In addition to existing publication requirements in section twenty-
four of Commonwealth Act Numbered one hundred forty-one, as
amended, notices and of applications shall be posted for a period of
not less than thirty days in at least three conspicuous places in the
municipality where the parcel of land is located, one of which shall
be at the municipal building, and other, in the barrio council building
of the barrio where the land is located.
Section26. Upon the opening of the bids, the land shall be awarded
to the highest bidder. If there are two or more equal bids which are
higher than the others, and one of such equal bids is that of the
applicant, his bid shall be accepted. If, however, the bid of the
applicant is not one of such equal and higher bids, the Director of
Lands shall at once submit the land for public bidding, and to the
person making the highest bid on such public auction the land shall
be awarded. In any case, the applicant shall always have the option
of raising his bid to equal that of the highest bidder, and in this case
the land shall be awarded to him. No bid received at such public
auction shall be finally accepted until the bidder shall have
deposited ten per centum of his bid, as required in Section twenty-
five of this Act. In case none of the tracts of land that are offered for
sale or the purchase of which has been applied for, has an area in
excess of twenty-four hectares, the Director of Lands may delegate
to the District Land Officer concerned the power of receiving bids,
holding the auction, and proceeding in accordance with the
provisions of this Act, but the District Land Officer shall submit his
recommendation to the Director of Lands, for the final decision of
the latter in the case.
The District Land Officer shall accept and process any application for
the purchase of public lands not exceeding five hectares subject to
the approval of the Director of Lands within sixty days after receipt
of the recommendation of said District Land Officer.
Section27. The purchase price shall be paid as follows: The balance
of the purchase price after deducting the amount paid at the time of
submitting the bid, may be paid in full upon the making of the
award, or in not more than ten equal annual installments from the
date of the award.
Section28. The purchaser shall have not less than one-fifth of the
land broken and cultivated within five years after the date of the
award; and before any patent is issued, the purchaser must show of
occupancy, cultivation, and improvement of at least one-fifth of the
land applied for until the date on which final payment is made:
Provided, however, That in case land purchased is to be devoted to
pasture, it shall be sufficient compliance with this condition if the
purchaser shall graze on the land as many heads of his cattle as will
occupy at least one-half of the entire area at the rate of one head
per hectare.
Section29. After title has been granted, the purchaser may not,
within a period of ten years from such cultivation or grant, convey
or encumber or dispose said lands or rights thereon to any person,
corporation or association, without prejudice to any right or interest
of the Government in the land: Provided, That any sale and
encumbrance made in violation of the provisions of this section,
shall be null and void and shall produce the effect of annulling the
acquisition and reverting the property and all rights thereto to the
State, and all payments on the purchase price theretofore made to
the Government shall be forfeited.
Section30. If at any time after the date of the award and before the
issuance of patent, it is proved to the satisfaction of the Director of
Lands, after due notice to the purchaser, that the purchaser has
voluntarily abandoned the land for more than one year at any one
time, or has otherwise failed to comply with the requirements of the
law, then the land shall revert to the State, and all prior payments
made by the purchaser and all improvements existing on the land
shall be forfeited.
Section31. No person, corporation, association, or partnership shall
be permitted, after the approval of this Act, to acquire the title to or
possess as owner any lands of the public domain if such lands,
added to other lands belonging to such person, corporation,
association, or partnership shall give a total area greater than area
the acquisition of which by purchase is authorized under this Act.
Any excess in area over this maximum and all right, title, interest,
claim or action held by any person, corporation, association, or
partnership resulting directly or indirectly in such excess shall revert
to the State.
This section shall, however, not be construed to prohibit any person,
corporation, association, or partnership authorized by this Act to
require lands of the public domain from making loans upon real
necessary for the recovery of such loans; but in this case, as soon
as the excess above referred to occurs, such person, corporation,
association, or partnership shall dispose of such lands within five
years, for the purpose of removing the excess mentioned. Upon the
land in excess of the limit there shall be paid, so long as the same is
not disposed of, for the first year a surtax of fifty per centum
additional to the ordinary tax to which such property shall be
subject, and for each succeeding year fifty per centum shall be
added to the last preceding annual tax rate, until the property shall
have been disposed of.
The person, corporation, association, or partnership owning the land
in excess of the limit established by this Act shall determine the
portion of land to be segregated.
At the request of Secretary of Agriculture and Commerce, the
Solicitor-General or the officer acting in his stead shall institute the
necessary proceedings in the proper court for the purpose of
determining the excess portion to be segregated, as well as the
disposal of such portion in the exclusive interest of the Government.
Section32. This chapter shall be held to authorize only one purchase
of the maximum amount of land hereunder by the same person,
corporation, association, or partnership; and no corporation,
association, or partnership, any member of which shall have
received the benefits of this chapter or of the next following chapter,
either as an individual or as a member of any other corporation,
association, or partnership, shall purchase any other lands of the
public domain under this chapter. But any purchaser of public land,
after having made the last payment upon and cultivated at least
one-fifth of the land purchased, if the same shall be less than the
maximum allowed by this Act, may purchase successively additional
agricultural public land adjacent to or not distant from the land first
purchased, until the total area of such purchases shall reach the
maximum established in this chapter: Provided, That in making such
additional purchase or purchases, the same conditions shall be
complied with as prescribed by this Act for the first purchase.
CHAPTER V
LEASE
Section33. Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per centum of the
capital stock or of any interest in said capital stock belongs wholly to
citizens of the Philippines, and which is organized and constituted
under the laws of the Philippines, may lease any tract of agricultural
public land available for lease under the provisions of this Act, not
exceeding a total of one thousand and twenty-four hectares. If the
land leased is adapted to and be devoted for grazing purposes, an
area not exceeding two thousand hectares may be granted. No
member, stockholder, of officer, representative, attorney, agent,
employee or bondholder of any corporation or association holding or
controlling agricultural public land shall apply, directly or indirectly,
for agricultural public land except under the homestead and free
patent provisions of this Act: Provided, That no lease shall be
permitted to interfere with any prior claim by settlement or
occupation, until the consent of the occupant or settler is first had,
or until such claim shall be legally extinguished, and no person,
corporation, or association shall be permitted to lease lands here-
under which are not 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 Philippines, if an
association or corporation.   of-the appraised and reappraised value thereof- Every contract of
Section34. A notice of the date and place of the auction of the right
to lease the land shall be published and announced in the same
manner as that prescribed for the publication and announcement of
the notice of sale, in section twenty-four of this Act.
Section35. All bids must be sealed and addressed to the Director of
Lands and must have enclosed therewith cash or a certified check,
Treasury warrant, or post-office money order payable to the order
of the Director of Lands, for a sum equivalent to the rental for at
least, the first three months of the lease: Provided, That no bid shall
be considered in which the proposed annual rental is less than three
per centum of the value of the land according to the appraisal made
in conformity with section one hundred and sixteen of this Act.
Section36.  The auction of the right to lease the land shall be
conducted under the same procedure as that prescribed for the
auction sale of agricultural lands as described in section twenty-six
of this Act: Provided, That no bid shall be accepted until the bidder
shall have deposited the rental for at least the first three months of
the lease.
Section37. The annual rental of the land leased shall not be less
than three per centum of the value of the land, according to the
appraisal and reappraisal made in accordance with section one
hundred sixteen of this Act; except for lands reclaimed by the
Government, which shall not be less than four per centum of the
appraised and reappraised value of the land: Provided, That one-
fourth of the annual rental of these lands reclaimed prior to the
approval of this Act shall accrue to the construction and
improvement portion of the Portworks Funds:  And provided,
further, That the annual rental of not less than four per centum of
the appraised and reappraised value of the lands reclaimed using
the Portworks Fund after the approval of this Act shall all accrue to
the construction and improvement portion of the Portworks Fund.
But if the land leased is adapted to and be devoted for granting
purposes, the annual rental shall be not less than two per centum
lease under the provisions of this chapter shall contain a cause to
the effect that are appraisal of the land leased shall be made every
ten years from the date of the approval of the lease, if the term of
the same shall be in excess of ten years. In case the lessee is not
agreeable to the reappraisal and prefers to give up his contract of
lease, he shall notify the Director of Lands of his desire within the
six months next preceding the date on which the reappraisal takes
effect, and in case his request is approved, the Director of Lands
may, if the lessee should so desire, proceed in accordance with
section one hundred of this Act.
Section38. Leases shall run for a period of not more than twenty-
five years, but may be renewed once for another period of not to
exceed twenty-five years, in case the lessee shall have made
important improvements which, in the discretion of the Secretary of
Agriculture and Commerce justify a renewal. Upon the final
expiration of the lease, all buildings and other permanent
improvements made by the lessee, his heirs, executors,
administrators, successors, or assigns shall become the property of
the Government, and the land together with the said improvements
shall be disposed of in accordance with the provisions of chapter five
of this Act.
Section39. It shall be an inherent and essential condition of the
lease that the lessee shall have not less than one-third of the land
broken and cultivated within five years after the date of the
approval of the lease: Provided, however, That in case the land
leased is to be devoted to pasture, it shall be sufficient compliance
with this condition if the lessee shall graze on the land as many
heads of cattle as will occupy at least one-half of the entire area at
the rate of one head per hectare.
Section40. The lessee shall not assign, encumber, or sublet his
rights without the consent of the Secretary of Agriculture and
Commerce, and the violation of this condition shall avoid the
contract: Provided, That assignment, encumbrance, or subletting for
purposes of speculation shall not be permitted in any case:
Provided, further, That nothing contained in this section shall be
understood or construed to permit the assignment, encumbrance, or
subletting of lands leased under this Act, or under any previous Act,
to persons, corporations, or associations which under this Act, are
not authorized to lease public lands.
Section41. The lease of any lands under this chapter shall not confer
the right to remove or dispose of any valuable timber except as
provided in the regulations of the Bureau of Forestry for cutting
timber upon such lands. Nor shall such lease confer the right to
remove or dispose of stone, oil, coal, salts. or other minerals, or
medicinal mineral waters existing upon the same. The lease as to
the part of the land which shall be mineral may be canceled by the
Secretary of Agriculture and Commerce, after notice to the lessee,
whenever the said part of the land is more valuable for agricultural
purposes.
The commission of waste or violation of the forestry regulations by
the lessee shall work a forfeiture of his last payment of rent and
render him liable to immediate dispossession and suit for damage.
Section42. After having paid rent for at least the first two years of
the lease, and having complied with the requirements prescribed in
section thirty nine, the lessee of agricultural public land with an area
than the maximum allowed by law, may lease successively
additional agricultural public land adjacent to or near the land
originally leased until the total- area of such leases shall reach the
maximum established in this chapter: Provided, That in making such
additional lease, the same conditions shall be complied with as
prescribed by this Act for the first lease.
Section43. During the life of the lease, any lessee who shall have
complied with all the conditions thereof and shall have the
qualifications required by section twenty-two, shall have the option
of purchasing the land leased subject to the restrictions of chapter
five of this Act.
CHAPTER VI
FREE PATENTS
Section44. Any natural-born citizen of the Philippines who is not the
owner of more than twenty-four hectares and who since July fourth,
nineteen hundred and twenty-six or prior thereto, has continuously
occupied and cultivated, either by himself or through his
predecessors-in-interest, a tract or tracts of agricultural public lands
subject to disposition, or who shall have paid the real estate tax
thereon while same has not been occupied by any person shall be
entitled, under the provisions of this chapter, to have a free patent
issued to him for such tract or tracts of such land not to exceed
twenty-four hectares.
A member of the national cultural minorities who has continuously
occupied and cultivated, either by himself or through his
predecessors-in-interest, a tract or tracts of land, whether
disposable or not since July 4, 1955, shall be entitled to the right
granted in the preceding paragraph of this section: Provided, That
at the time he files his free patent application he is not the owner of
any real property secured or disposable under this provision of the
Public Land Law
Section45. The President of the Philippines (Prime Minister), upon
recommendation of the Secretary of Natural Resources, shall from
time to time fix by proclamation the period which applications for
Proclamation free patents may be filed in the district, chartered city,
of period province, municipality or region specified in such
proclamation, and upon the expiration of the period so designated,
unless the same be extended by the President (Prime Minister) all
the land comprised within such district, chartered city, province,
municipality or region subject thereto under the provisions of this
chapter may be disposed of as agricultural public land without
prejudice to the prior right of the occupant and cultivator to acquire
such land under this Act by means other than free patent. The time
to be fixed in the entire Archipelago for the filing of applications
under this Chapter shall not extend beyond December 31, 1987,
except in the provinces of Agusan del Norte, Agusan del Sur,
Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del
Sur, Davao del Norte, Davao del Sur, Davao Oriental, Sulu, Mt.
Province, Benguet, Kalinga-Apayao, and Ifugao where the President
of the Philippines, upon recommendation of the Secretary of Natural
Resources, shall determine or fix the time beyond which the filing of
applications under this Chapter shall not extend. The period fixed for
any district, chartered city, province, or municipality shall begin to
run thirty days after the publication of the proclamation in the
Official Gazette and if available in one newspaper of general
circulation in the city, province or municipality concerned. A certified
copy of said proclamation shall be furnished by the Secretary of
Natural Resources within 30 days counted from the date of the
presidential proclamation to the Director of Lands and to the
provincial board, the municipal board or city council and barangay
council affected, and copies thereof shall be posted on the bulletin
board of the Bureau of Lands at Manila and at conspicuous places in
the provincial building and at the municipal building and barangay
hall or meeting place. It shall moreover, be announced by
government radio whenever available, in each of the barrios of the
municipality. 
Section46. If, after the filing of the application and the investigation,
the Director of Lands shall be satisfied of the truth of the allegations
contained the application and that the applicant comes within the
provisions chapter, he shall cause a patent to issue to the applicant
or his legal successor for the tract so occupied and cultivated,
provided its area does not exceed twenty-four hectares: Provided,
That no application shall be finally acted upon until notice thereof
has been published in the municipality and barrio in which the land
is located and adverse claimants have had an opportunity to present
their claims.
CHAPTER VII
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES

Section47. The persons specified in the next following section are
hereby granted time, not to extend beyond December 31, 1987
within which to take advantage of the benefit of this chapter:
Provided, That this extension shall apply only where the area
applied for does not exceed 144 hectares. Provided, further, That
the several periods of time designated by the President in
accordance with section forty-five of this Act shall apply also to the
lands comprised in the provisions of this chapter, but this section
shall not be construed as prohibiting any of said persons from acting
under this chapter at any time prior to the period fixed by the
President.
Section48. The following-described citizens of the Philippines,
occupying lands of the public domain or claiming to own any such
lands or an interest therein, but whose titles have not been
perfected or completed, may apply to the Court of First Instance of
the province where the land is located for confirmation of their
claims and the issuance of a certificate of title therefor, under the
Land Registration Act , to wit:
(a) Those who prior to the transfer of sovereignty from Spain to the
prior United States 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
therefor, if such applicants or grantees and their heirs have
occupied and cultivated said lands continuously since the filing of
their applications.
(b) Those who by themselves or through their predecessors in
interest 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 or ownership, for at
least thirty years 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 of title under the provisions of this chapter.
(c) Members of the national cultural minorities who by themselves
or through their predecessors-in-interest 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 for at least
30 years shall be entitled to the rights granted in sub-section (b)
hereof.
Section49. No person claiming title to lands of the public domain not
possession of the qualifications specified in the last preceding
section may apply for the benefits of this chapter.
Section50. Any person or persons, or their legal representatives or
successors in right, claiming any lands or interest in lands under the
provisions of this chapter, must in every case present an application
to the proper Court of First Instance, praying that the validity of the
alleged title or claim be inquired into and that a certificate of title be
issued to them under the provisions of the Land Registration Act.
The application shall conform as nearly as may be in its material
allegations to the requirements of an application for registration
under the Land Registration Act, and shall be accompanied by a plan
of the land and all documents evidencing a right on the part of the
applicant to the land claimed. The application shall also state the
citizenship of the applicant and shall set forth fully the nature of the
claim and when based upon proceeding initiated under Spanish
laws, it shall specify as exactly as possible the date and form of
application for purchase composition or other form of grant, the
extent of the compliance with the conditions required by the
Spanish laws and royal decrees for the acquisition of legal title, and
if not fully complied with, the reason for such noncompliance,
together with a statement of the length of time such land or any
portion thereof has been actually occupied by the claimant or his
predecessors in interest; the use made of the land, and the nature
of the enclosure, if any. The fees provided to be paid for the
registration of lands under the Land Registration Act shall be
collected from applicants under this chapter.
Section51. Applications for registration under this chapter shall be
heard in the Court of First Instance in the same manner and shall be
subject to the same procedure as established in the Land
Registration Act for other applications, except that a notice of all
such applications, together with a plan of the lands claimed, shall be
immediately forwarded to the Director of Lands, who may appear as
a party in such cases: Provided, That prior to the publication for
hearing, all of the papers in said case shall be transmitted papers by
the clerk to the Solicitor General or officer acting in his stead, in
order that he may, if he deems it advisable for the interests of the
Government, investigate all of the facts alleged in the application or
otherwise brought to his attention. The Solicitor-General shall return
such papers to the clerk as soon as practicable within three months.
The final decree of the court shall in every case be the basis for the
original certificate of title in favor of the person entitled to the
property under the procedure prescribed in section forty-one of the
Land Registration Act.
Section52.  In cadastral proceedings, instead of an application, an
answer or claim may be filed with the same effect as in the
procedure provided in the last preceding two sections.
Section53.  It shall be lawful for the Director of Lands, whenever in
the opinion of the President the public interests shall require it, to
cause to be filed in the proper Court of First Instance, through the
Solicitor-General or the officer acting in his stead, a petition against
the holder, claimant, possessor, or occupant of any land who shall
not have voluntarily come in under the provisions of this chapter or
of the Land Registration Act, stating in substance that the title of
such holder, claimant, possessor, or occupant is open to discussion;
or that the boundaries of any such land which has not been brought
into court as aforesaid are open to question; or that it is advisable
that the title to such lands be settled and adjudicated, and praying
that the title to any such land or the boundaries thereof or the right
to occupancy thereof be settled and adjudicated. The judicial
proceedings under this section shall be in accordance with the laws
on adjudication of title in cadastral proceedings.
Section54. If in the hearing of any application arising under this
chapter the court shall find that more than one person or claimant
has an interest in the land, such conflicting interests shall be
adjudicated by the court and decree awarded in favor of the person
or persons entitled to the land according to the laws, but if none of
said person is entitled to the land, or if the person who might be
entitled to the same lacks the qualifications required by this Act for
acquiring agricultural land of the public domain, the decision shall
be in favor of the Government.
Section55.  Whenever, in any proceedings under this chapter to
secure registration of an incomplete or imperfect claim of title
initiated prior to the transfer of sovereignty from Spain to the United
States, it shall appear that had such claims been prosecuted to
completion under the laws prevailing when instituted, and under the
conditions of the grant then contemplated, the conveyance of such
land to the applicant would not have been gratuitous, but would
have involved payment therefor to the Government, then and in
that event the court shall, after decreeing in whom title should vest,
further determine the amount to be paid as a condition for the
registration of the land. Such judgment shall be certified to the
Director of Lands by the clerk of the court for collection of the
amount due from the person entitled to conveyance.
Upon payment to the Director of Lands of the price specified in the
judgment, he shall so certify to the proper Court of First Instance
and said court shall forthwith order the registration of the land in
favor of the competent person entitled thereto. If said person shall
fail to pay the amount of money required by the decree within a
reasonable time fixed in the same, the court shall order the
proceeding to stand dismissed and the title to the land shall then be
in the State free from any claim of the applicant.
Section56.  Whenever any judgment of confirmation or other decree
of the court under this chapter shall become final, the clerk of the
court concerned shall certify that fact to the Director of Lands, with
a certified copy of the decree of confirmation or judgment of the
court and the plan and technical description of the land involved in
the decree or judgment of the court.
Section57. No title or right to, or equity in, any lands of the public
domain may hereafter be acquired by prescription or by adverse
possession or occupancy, or under or by virtue of any law in effect
prior to American occupation, except as expressly provided by laws
enacted after said occupation of the Philippines by the United
States.
TITLE III
LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL
PURPOSES AND OTHER SIMILAR PURPOSES
CHAPTER VIII
CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE
FOR RESIDENCE, COMMERCE AND INDUSTRY
Section58.  Any tract of land of the public domain which, being
neither timber nor mineral land, is intended to be used for
residential purposes or for commercial, industrial, or other
productive purposes other than agricultural, and is open to
disposition or concession, shall be disposed of under the provisions
of this chapter and not otherwise.
Section59. The lands disposable under this title shall be classified as
follows:
(a) Lands reclaimed by the Government by dredging, filing, or other
means;
(b) Foreshore;
(c) Marshy lands or lands covered with water bordering upon the
shores or banks of navigable lakes or rivers;
(d) Lands not included in any of the foregoing classes.
Section60. Any tract of land comprised under this title may be
leased or sold, as the case may be, to any person, corporation, or
association authorized to purchase or lease public lands for
agricultural purposes. The area of the land so leased or sold shall be
such as shall, in the judgment of the Secretary of Agriculture and
Natural Resources, be reasonably necessary for the purposes for
which such sale or lease is requested, and shall in no case exceed
one hundred and forty-four hectares: Provided, however, That this
limitation shall not apply to grants, donations, transfers made to a
province, municipality or branch or subdivision of the Government
for the purposes deemed by said entities conducive to the public
interest; but the land so granted donated, or transferred to a
province, municipality, or branch or subdivision of the Government
shall not be alienated, encumbered, or otherwise disposed of in a
manner affecting its title, except when authorized by Congress:
Provided, further, That any person, corporation, association or
partnership disqualified from purchasing public land for agricultural
purposes under the provisions of this Act, may lease land included
under this title suitable for industrial or residential purposes, but the
lease granted shall only-be valid while such land is used for the
purposes referred to.
Section61.  The lands comprised in classes (a), (b), and (c) of
section fifty-nine shall be disposed of to private parties by lease only
and not otherwise, as soon as the President, upon recommendation
by the Secretary of Agriculture and Commerce shall declare that the
same are not necessary for the public service and are open to
disposition under this chapter. The lands included in class (d) may
be disposed of by sale or lease under the provisions of this Act.
Section62. The lands reclaimed by the Government by dredging,
filling or otherwise shall be surveyed and may, with the approval of
the Secretary of Agriculture and Commerce, be divided by the
Director of Lands into lots and blocks, with the necessary streets
and alley-ways between them, and said Director shall give notice to
the public by publication in the Official Gazette or by other means,
that the lots or blocks not needed for public purposes shall be
leased for commercial or industrial or other similar purposes.
Section63.  Whenever it is decided that lands covered by this
chapter are not needed for public purposes, the Director of Lands
shall ask the Secretary of Agriculture and Commerce for authority to
dispose of the same. Upon receipt of such authority, the Director of
Lands shall give notice by public advertisement in the same manner
as in the case of leases or sales of agricultural public land, that the
Government will lease or sell, as the case may be, the lots or blocks
specified in the advertisement, for the purpose stated in the notice
and subject to the conditions specified in this chapter.
Section64. The leases executed under this chapter by the Secretary
of Agriculture and Commerce shall, among other conditions, contain
the following:
(a) The rental shall not be less than three per centum of the
appraised or reappraised value of the land plus one per centum of
the appraised or reappraised value of the improvements, except for
lands reclaimed by the Government which shall not be less than four
per centum of the appraised or reappraised value of the land plus
two per centum of the appraised or reappraised value of the
improvements thereon: Provided, That twenty-five per centum of
the total annual rental on all lands reclaimed prior to the approval of
this Act and one per centum of the appraised or reappraised value
of improvements shall accrue to the construction and improvement
portion of the Portworks Fund: And provided, further, That the
annual rental on lands reclaimed using the Portworks Fund together
with the fee due on account of the improvement thereon after the
effectivity of this Act shall all accrue to the construction and
improvement portion of the Portworks Fund.
(b) The land rented and the improvements thereon shall be
reappraised every ten years if the term of the lease is in excess of
that period.
(c) The term of the lease shall be as prescribed by section thirty-
eight of this Act.
(d) The lessee shall construct permanent improvements appropriate
for the purpose for which the lease is granted, shall commence the
construction thereof within six months from the date of the award of
the right to lease the land, and shall complete the said construction
within eighteen months from said date.
(e) At the expiration of the lease or of any extension of the same,
all improvements made by the lessee, his heirs, executors,
administrators, successors, or assigns shall become the property of
the Government.
(f) The regulation of all rates and fees charged to the public; and
the annual submission to the Government for approval of all tariffs
of such rates and fees.
(g) The continuance of the easements of the coast police and other
easements reserved by existing law or by any laws hereafter
enacted.
(h) Subjection to all easements and other rights acquired by the
owners of lands bordering upon the foreshore or marshy land.
The violation of one or any of the conditions specified in the contract
shall give rise to the rescission of said contract. The Secretary of
Agriculture and Commerce may, however, subject to such
conditions as he may prescribe, waive the rescission arising from a
violation of the conditions of subsection (d), or extend the time
within which the construction of the improvements shall be
commenced and completed.
Section65.  The sale of the lands comprised in classes (c) and (d) of
section fifty-nine shall, among others, comprise the following
conditions:
(a) The purchaser shall make improvements of a permanent
character appropriate for the purpose for which the land is
purchased, shall commence work thereon within six months from
the receipt of the order of award, and shall complete the
construction of said improvements within eighteen months from the
date of such award; otherwise the Secretary of Agriculture and
Natural Resources may rescind the contract.
(b) The purchase price shall be paid in cash or in equal annual
installments, not to exceed ten.
The contract of sale may contain other conditions not inconsistent
with the provisions of this Act.
Section66.  The kind of improvements to be made by the lessee or
the purchaser, and the plans thereof, shall be subject to the
approval of the Secretary of Public Works and Communications, in
case they are constructions or improvements which if by the
Government, would properly have to be executed under the
supervision of the Bureau of Public Works.
Section67.  The lease or sale shall be made through oral bidding;
and adjudication shall be made to the highest bidder. However,
where an applicant has made improvements on the land by virtue of
a permit issued to him by competent authority, the sale or lease
shall be made by sealed bidding as prescribed in section twenty-six
of this Act, the provisions of which shall be applied wherever
applicable. If all or part of the lots remain unleased or unsold, the
Director of Lands shall from time to time announce in the Official
Gazette or in any other newspapers of general circulation, the lease
or sale of those lots, if necessary
Section68.  The Secretary of Agricultural and Commerce may grant
to qualified persons temporary permission, upon payment of a
reasonable charge, for the use of any portion of the lands covered
by this chapter for any lawful private purpose, subject to revocation
at any time when, in his judgment, the public interest shall require
it.
TITLE IV
LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR
PURPOSES
CHAPTER IX
CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND
OTHER SIMILAR PURPOSES
Section69. Whenever any province, municipality, or other branch or
subdivision of the Government shall need any portion of the land of
the public domain open to concession for educational, charitable or
other similar purposes, the President, upon recommendation by the
Secretary of Agriculture and Commerce, may execute contracts in
favor of the same. in the form of donation, sale, lease, exchange, or
any other form, under terms and conditions to be inserted in the
contract; but land so granted shall in no case be encumbered or
alienated, except when the public service requires their being leased
or exchanged, with the approval of the President, for other lands
belonging to private parties, or if the National Assembly disposes
otherwise.
Section70. Any tract of public land of the class covered by this title
may be sold or leased for the purpose of founding a cemetery,
church, college, school, university, or other institutions for
educational, charitable or philanthropical purposes or scientific
research, the area to be such as may actually and reasonably be
necessary to carry out such purpose, but not to exceed ninety-six
hectares in any case. The sale or lease shall be made subject to the
same conditions as required for the sale and lease of agricultural
public land, but the Secretary of Agriculture and Commerce may
waive the conditions requiring cultivation. The Secretary of
Agriculture and Commerce, if conveyance he sees fit, may order the
sale to be made without public auction, at a price to be fixed by said
Secretary, or the lease to be granted without auction, at a rental to
be fixed by him. In either case it shall be a condition that the
purchaser or lessee or their successors or assigns shall not sell
transfer, encumber or lease the land for the purposes of speculation
or use it for any purpose other than that contemplated in the
application, and that the violation of this condition shall give rise to
the immediate rescission of the sale or lease, as the case may be,
and to the forfeiture to the Government of all existing
improvements: Provided, That it shall in no case be sublet,
encumbered or resold under the conditions above set forth except
with the approval of the Secretary of Agriculture and Commerce.
TITLE V
RESERVATIONS
CHAPTER X
TOWN SITE RESERVATIONS
Section71. Whenever it shall be considered to be in the public
interest to found a new town. The Secretary of Agriculture and
Commerce shall direct the Director of Lands to have a survey made
by his Bureau of the exterior boundaries of the site on which such
town is to be established, and upon the completion of the survey he
shall send the same to said Secretary, with his recommendations.
Section72. The Secretary of Agriculture and Commerce, if he
approves the recommendations of the Director of Lands, shall
submit the matter to the President to the end that the latter may
issue a proclamation reserving the land surveyed, or such part
thereof as he may deem proper, as a town site, and a certified copy
of such proclamation shall be sent to the Director of Lands and
another to the register of deeds of the province in which the
surveyed land lies.
Section73.  It shall then be the duty of the Director of Lands, after
having recorded the proclamation of the President and the survey
accompanying the same, and having completed the legal
proceedings prescribed in chapter thirteen of this Act, to direct a
subdivision in accordance with the instructions of the Secretary of
Agriculture and Commerce, if there shall be such instructions, and if
there shall not be any, then in the manner which may to the
Director of Lands seem best adapted to the convenience and
interest of the public and the residents of the future town.
Section74. The plat of the subdivision shall designate certain lots for
commercial and industrial uses and the remainder as residence lots,
and shall also reserve and note the lots owned by private individuals
as evidenced by record titles, or possessed or claimed by them as
private property. Such lots, whether public or private, shall be
numbered upon a general plan or system.
The plat prepared by the Director of Lands shall be submitted to the
Secretary of Agriculture and Commerce for consideration,
modification, amendment, or approval.
Section75. Unless the necessary reservations are made in the
proclamation of the President, the Director of Lands, with the
approval of the Secretary of Agriculture and Commerce, shall
reserve out of the land by him to be subdivided lots of sufficient size
and convenient situation for public use, as well as the necessary
avenues, streets, alleyways, parks, and squares. The avenues,
streets, alleys, parks, plazas, and lots shall be laid out on the plat as
though the lands owned or claimed by private persons were part of
the public domain and part of the reservation, with a view to the
possible subsequent purchase or condemnation thereof, if deemed
necessary by the proper authorities.
Section76. At any time after the subdivision has been made, the
President may, in case the public interest requires it, reserve for
public purposes any lot or lots of the land so reserved and not
disposed of.
Section77. If, in order to carry out the provisions of this chapter, it
shall be necessary to condemn private lands within the limits of the
new town, the President shall direct the Solicitor-General or officer
acting in his stead to at once begin proceedings for condemnation,
in accordance with the provisions of existing law.
Section78. When the plat of subdivision has been finally approved
by the Secretary of Agriculture and Commerce, the Director of
Lands shall record the same in the records of his office and shall
forward a certified copy of such record to the register of deeds of
the province in which the land lies, to be by such register recorded
in the records of his office
Section79. All lots, except those claimed by or belonging to private
parties and those reserved for parks, buildings, and other public
uses, shall be sold, after due notice, at public auction to the highest
bidder, after the approval and recording of the plat of subdivision as
above provided, but no bid shall be accepted that does not equal at
least two-thirds of the appraised value, nor shall bids be accepted
from persons, corporations, associations, or partnerships not
authorized to purchase public lands for commercial, residential or
industrial purposes under the provisions of this Act. The provisions
of sections twenty-six and sixty-five of this Act shall be observed in
so far as they are applicable. Lots for which satisfactory bids have
not been received shall be again offered for sale, under the same
conditions as the first time, and if they then remain unsold, the
Director of Lands shall be authorized to sell them at private sale for
not less than two-thirds of their appraised value.
Section80. All funds derived from the sale of lots shall be covered
into the Philippine Treasury as part of the general funds.
Section81. Not more than two residence lots and two lots for
commercial and industrial uses in any one town site shall be sold to
any one person, corporation, or association without the specific
approval of the Secretary of Agriculture and Commerce.
Section82. The Assembly shall have the power at any time to
modify, alter, rescind, repeal, annul, and cancel, with or without
conditions, limitation, exceptions, or reservations, all and any
dispositions made by the executive branch of the Philippine
Government by virtue of this chapter, and the exercise of this power
shall be understood as reserved in all cases, as an inherent
condition thereof.
CHAPTER XI
RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES
Section83. Upon the recommendation of the Secretary of Agriculture
and Commerce, the President may designate by proclamation any
tract or tracts of land of the public domain as reservations for the
use of the Commonwealth of the Philippines or of any of its
branches, or of the inhabitants thereof, in accordance with
regulations prescribed for this purpose, or for quasi-public uses or
purposes when the public interest requires it, including reservations
for highways, rights of way for railroads, hydraulic power sites,
irrigation systems, communal pastures or leguas comunales, public
parks, public quarries, public fishponds, workingmen's village and
other improvements for the public benefit.
Section84. Upon recommendation of the Secretary of Agriculture
and Commerce, the President, may by proclamation, designate any
tract or tracts of the public domain for the exclusive use of the non-
Christian Filipinos, including in the reservation, in so far as
practicable, the lands used or possessed by them, and granting to
each member not already the owner, by title or gratuitous patent, of
four or more hectares of land, the use and benefit only of a tract of
land not to exceed four hectares for each male member over
eighteen years of age or the head of a family. As soon as the
Secretary of the Interior shall certify that the majority of the non-
Christian inhabitants of any given reservation have advanced
sufficiently in civilization, then the President may order that the
lands of the public domain within such reservation be granted under
the general provisions of this Act to the said inhabitants, and the
subdivision and distribution of said lands as above provided shall be
taken into consideration in the final disposition of the same. But any
non-Christian inhabitant may at any time apply for the general
benefits of this Act provided the Secretary of Agriculture and
Commerce is satisfied that such inhabitant is qualified to take
advantage of the provisions of the same: Provided, That all grants,
deeds, patents and other instruments of conveyance of land or
purporting to convey or transfer rights of property, privileges, or
easements appertaining to or growing out of lands, granted by
sultans, datus, or other chiefs of the so-called non-Christian tribes,
without the authority of the Spanish Government while the
Philippines were under the sovereignty of Spain, or without the
consent of the United States Government or of the Philippine
Government since the sovereignty over the Archipelago was
transferred from Spain to the United States, and all deeds and other
documents executed or issued or based upon the deeds, patents,
and documents mentioned, are hereby declared to be illegal, void,
and of no effect.
Section85. Upon recommendation by the Secretary of Agriculture
and Commerce, the President may, by proclamation designate any
tract or tracts of land of the public domain for the establishment of
agricultural colonies; and although the disposition of the lands to
the colonists shall be made under the provisions of this Act, yet,
while the Government shall have the supervision and management
of said colonies, the Secretary of Agriculture and Commerce  may
make the necessary rules and regulations for the organization and
internal administration of the same. The Secretary of Agriculture
and Commerce may also, under conditions to be established by the
Assembly, turn over a colony so reserved to any person or
corporation, in order that such person or corporation may clear,
break, and prepare for cultivation the lands of said colony and
establish the necessary irrigation system and suitable roads and
fences; but final disposition shall be made of the land in accordance
with the provisions of this Act, subject, however, to such conditions
as the National Assembly may establish for the reimbursement of
the expense incurred in putting such lands in condition for
cultivation: Provided, That the National Assembly may direct that
such land so prepared for cultivation may be disposed of only by
sale or lease.
CHAPTER XII
PROVISIONS COMMON TO RESERVATIONS
Section86. A certified copy of every proclamation of the President
issued under the provisions of this title shall be forwarded to the
Director of Lands for record in his office, and a copy of this record
shall be forwarded to the register of deeds of the province or city
where the land lies. Upon receipt of such certified copy, the Director
of Lands shall order the immediate survey of the proposed
reservation if the land has not yet been surveyed, and as soon as
the plat has been completed, he shall proceed in accordance with
the next following section.
Section87. If all the lands included in the proclamation of the
President are not registered under the Land Registration Act, the
Solicitor-General, if requested to do so by the Secretary of
Agriculture and Commerce, shall proceed in accordance with the
provision of section fifty-three of this Act.
Section88. The tract or tracts of land reserved under the provisions
of section eighty-three  shall be non-alienable and shall not be
subject to occupation, entry, sale, lease, or other disposition until
again declared alienable under the provisions of this Act or by
proclamation of the President.
TITLE VI
GENERAL PROVISIONS
CHAPTER XIII
APPLICATIONS: PROCEDURE, CONCESSION OF LANDS, AND LEGAL
RESTRICTIONS AND ENCUMBRANCES
Section89.  All applications filed under the provisions of this Act
shall be addressed to the Director of Lands.
Section90.  Every application under the provisions of this Act shall
be made under oath and shall set forth:
(a) The full name of applicant, his age, place of birth, citizenship,
civil status, and post-office address. In case the applicant is a
corporation, association or co-partnership, the application shall be
accompanied with a certified copy of its articles of incorporation,
association or co-partnership together with an affidavit of its
President, manager, or other responsible officer, giving the names
of the stockholders or members, their citizenship, and the number
of shares subscribed by each.
(b) That the applicant has all the qualifications required by this Act
in the case.
(c) That he has none of the disqualifications mentioned herein.
(d) That the application is made in good faith, for the actual purpose
of using the land for the object specified in the application and for
no other purpose, and that the land is suitable for the purpose to
which it is to be devoted.
(e) That the application is made for the exclusive benefit of the
application and not, either directly or indirectly, for the benefit of
any other person or persons, corporation, association, or
partnership.
(f) As accurate a description of the land as may be given, stating its
nature the province, municipality, barrio, and sitio where it is
located, and its limits and boundaries, specifying those having
reference to accidents of the ground or permanent monuments, if
any.
(g) Whether all or part of the land is occupied or cultivated or
improved, and by whom, giving his post-office address, and whether
the land has been occupied or cultivated or improved by the
applicant or his ascendant, the name of the ascendant, the
relationship with him, the date and place of the death of the
ascendant, the date when the possession and cultivation began, and
description of the improvements made, accompanying satisfactory
evidence of the relationship of the applicant with the ascendant, and
of the death of the latter and the descendants left by him, in case it
is alleged that he occupied and cultivated the land first; or whether
there are indications of its having been occupied, cultivated, or
improved entirely or partially, and if so, in what such indications
consist, whether he has made investigations as to when and by
whom such improvements were made, and if so, how such
investigations were made and what was the result thereof; or
whether the land is not occupied, improved, or cultivated either
entirely or partially, and there are no indications of it having ever
been occupied, improved, or cultivated, and in this case, what is the
condition of the land.
(h) That the land applied for is neither timber nor mineral land and
does not contain guano or deposits of salts or coal.
(i) That the applicant agrees that a strip forty meters wide starting
from the bank on each side of any river or stream that may be
found on the land applied for, shall be demarcated and preserved as
permanent timberland to be planted exclusively to trees of known
economic value, and that he shall not make any clearing thereon or
utilize the same for ordinary farming purposes even after patent
shall have been issued to him or a contract of lease shall have been
executed in his favor. 68
Section91. The statements made in the application shall be
considered as essential conditions and parts of any concession, title,
or permit issued on the basis of such application, and any false
statements therein or omission of facts altering, changing, or
modifying the consideration of the facts set forth in such
statements, and any subsequent modification, alteration, or change
of the material facts set forth in the application shall ipso facto
produce the cancellation of the concession, title, or permit granted.
It shall be the duty of the Director of Lands, from time to time and
whenever he may deem it advisable, to make the necessary
investigations for the purpose of ascertaining whether the material
facts set out in the application are true, or whether they continue to
exist and are maintained and preserved in good faith, and for the
purposes of such investigation, the Director of Lands is hereby
empowered to issue subpoenas and subpoenas duces tecum and, if
necessary, to obtain compulsory process from the courts. In every
investigation made in accordance with this section, the existence of
bad faith, fraud, concealment, or fraudulent and illegal modification
of essential facts shall be presumed if the grantee or possessor of
the land shall refuse or fail to obey a subpoena or subpoena duces
tecum lawfully issued by the Director of Lands or his authorized
delegates or agents, or shall refuse or fail to give direct and specific
answers to pertinent questions, and on the basis of such
presumption, an order of cancellation may issue without further
proceedings.
Section92. Although the maximum area of public land that may be
acquired is fixed, yet the spirit of this Act is that the rule which must
determine the real area to be granted is the beneficial use of the
land. The concession or disposition shall be for less than the
maximum area authorized if, at the time of the issuance of the
patent or of the concession or disposition, it shall appear that the
applicant is utilizing and is only able to utilize a smaller area, even
though the application is for a greater area. For the purposes of this
section, the Director of Lands is authorized to determine the area
that may be granted to the applicant, and to deny or cancel or limit
any application for concession, purchase, or lease if convinced of the
lack of means of the applicant for using the land for the purpose for
which he has requested it.
Section93. Lands applied for under this Act shall conform to the
legal subdivisions and shall be contiguous if comprising more than
one subdivision. If subdivisions have not been made on the date of
the application, the lands shall be rectangular in form so far as
practicable, but it shall be endeavored to make them conform to the
legal subdivision as soon as the same has been made, provided the
interests of the applicant or grantee are protected; and the
subdivision assigned to the applicant or grantee shall, so far as
practicable, include the land improved or cultivated. The regulations
to be issued for the execution of the provisions of this section shall
take into account the legal subdivision to be made by the
Government and the inadvisability of granting the best land at a
given place to only one person.  
Section94.  In case the legal subdivisions have already been made
at the time of the filing of the application, no charge shall be made
for the survey; but if the legal subdivisions have not yet been made,
the cost of the survey shall be charged to the Government, except
in the following cases:
(a) In purchases under chapters five and ten of this Act, the cost of
the survey shall be charged to the purchaser if the same is a
corporation, association, or partnership; in other purchases the
purchases, whoever it be, shall pay the total cost of the survey.

(b) In leases, the cost of the survey shall be paid by the lessee; but
at any time after the first five years from the approval of the lease,
and during Cost of the life of the same, the lessee shall be entitled
to the reimbursement of one-half of the cost of the survey, if he
shows to the satisfaction of the Director of Lands that he has
occupied and improved a sufficient area of the land or incurred
sufficient expenses in connection therewith to warrant such
reimbursement.
Section95. If before the delimitation and survey of a tract of public
land the President shall declare the same disposable or alienable
and such land shall be actually occupied by a person other than the
applicant, the Director of Lands shall inform the occupant of his
prior right to apply for the land and shall give him one hundred and
twenty days time in which to file the application or apply for the
concession by any of the forms of disposition authorized by this Act,
if such occupant is qualified to acquire a concession under this Act.
Section96. As soon as any land of the public domain has been
surveyed, delimited, and classified, the President may, in the order
issued by him declaring it open for disposition, designate a term
within which occupants with improvements but not entitled to free
patents may apply for the land occupied by them, if they have the
qualifications required by this Act.
Section97. If in the case of the two last preceding sections, the
occupant or occupants have not made application under any of the
provisions of this Act at the expiration of the time limit fixed, they
shall lose any prior right to the land recognized by this Act, and the
improvements on the land, if any, shall be forfeited to the
Government.
Section98. All rights in and interest to, and the improvements and
crops upon, land for which an application has been denied or
canceled or a patent or grant refused, or a contract or concession
rescinded or annulled, shall also be forfeited to the Government.
Section99. The Secretary of Agriculture and Commerce may order
such improvements and crops to be appraised separately, for sale to
the new applicant or grantee, or may declare such land open only to
sale or lease.
Section100. In case the cancellation is due to delinquency on the
part of the applicant or grantee, the same shall be entitled to the
reimbursement of the proceeds of the sale of the improvements and
crops, after deducting the total amount of his indebtedness to the
Government and the expense incurred by it in the sale of the
improvements or crops and in the new concession of the land.
Section101. All actions for the reversion to the Government of lands
of the public domain or improvements thereon shall be instituted by
the Solicitor-General or the officer acting in his stead, in the proper
courts, in the name of the Commonwealth of the Philippines.
Section102. Any person, corporation, or association may file an
objection under oath to any application or concession under this Act,
grounded on any reason sufficient under this Act for the denial or
cancellation of the application or the denial of the patent or grant.
If, after the applicant or grantee has been given suitable
opportunity to be duly heard, the objection is found to be well
founded, the Director of Lands shall deny or cancel the application
or deny patent or grant, and the person objecting shall, if qualified,
be granted a prior right of entry for a term of sixty days from the
date of the notice.
Section103. All the proofs, affidavits, and oaths of any kind required
or necessary under this Act may be made before the justice of the
peace 71 of the municipality in which the land lies, or before the
judge or clerk of the Court of First Instance of the province in which
the land lies, or before any justice of the peace or chargeable notary
public of the province in which the land lies, or before any officer or
employee of the Bureau of Lands authorized by law to administer
oaths.
The fees for the taking of final evidence before any of the officials
herein-before mentioned shall be as follows:
For each affidavit, fifty centavos.
For each deposition of the applicant or the witness, fifty centavos.
Section104. Any owner of uncultivated agricultural land who
knowingly permits application for the same to be made to the
Government and the land to be tilled and improved by a bona fide
grantee without protesting to the Bureau of Lands within one year
after cultivation has begun, shall lose all to the part of the land so
cultivated and improved, unless he shall bring action in the proper
court before such action for recovery prescribes and obtains
favorable judgment therein, in which case the court shall, upon its
decision becoming final, order the payment to the grantee, within a
reasonable period, of the indemnity fixed by said court for the
cultivation and improvement.
Section105. If at any time the applicant or grantee shall die before
the issuance of the patent or the final grant of the land, or during
the life of the lease, or while the applicant or grantee still has
obligations pending towards the Government, in accordance with
this Act, he shall be succeeded in his rights and obligations with
respect to the land applied for or granted or leased under this Act by
his heirs in law, who shall be entitled to have issued to them the
patent or final concession if they show that they have complied with
the requirements therefor, and who shall be subrogated in all his
rights and obligations for the purposes of this Act.
Section106. If at any time after the approval of the application and
before the issuance of a patent or the final concession of the land,
or during the life of the lease, or at any time when the applicant or
grantee still has obligations pending with the Government, in
accordance with this Act, it appears that the land applied for is
necessary, in the public interest, for the protection of any source of
water or for any work for the public benefit that the Government
wishes to undertake, the Secretary of Agriculture and Commerce
may order the cancellation of the application or the non issuance of
the patent or concession or the exclusion from the land applied for
of such portion as may be required, upon payment of the value of
the improvements, if any.
Section107. All patents or certificates for land granted under this
Act shall be prepared in the Bureau of Lands and shall be issued in
the name of the Government of the Republic of the Philippines
under the signature of the President of the Philippines: Provided,
however, That the President of the Philippines may delegate to the
Secretary of Agriculture and Natural Resources 74 and/or the Under
secretary for Natural Resources 74 the power to sign patents or
certificates covering lands not exceeding one hundred forty-four
hectares in area, and to the Secretary of Agriculture and Natural
Resources 75 the power to sign patents or certificates covering
lands exceeding one hundred forty-four hectares in area: Provided,
further, That District Land Officers in every province are hereby
empowered to sign patents or certificates covering lands not
exceeding five hectares in area when the office of the District Land
Officer is properly equipped to carry out the purposes of this Act:
Provided, That no applicant shall be permitted to split the area
applied for by him in excess of the area fixed in this section among
his relatives within the sixth degree of consanguinity or affinity
excepting the applicant's married children who are actually
occupying the land: Provided, finally, That copies of said patents
issued shall be furnished to the Bureau of Lands for record
purposes. No patent or certificate shall be issued by the District
Land Officer unless the survey of the land covered by such patent or
certificate, whether made by the Bureau of Lands or by a private
surveyor, has been approved by the Director of Lands. The Director
of Lands shall promptly act upon all surveys submitted to him for
approval and return the same to the District Land Officer within
ninety days after receipt of such surveys by his office. In case of
disapproval, the Director of Lands shall state the reasons therefor.
Any person aggrieved by the decision or action of the District Land
Officer may, within thirty days from receipt of the copy of the said
decision, appeal to the Director of Lands. Such patents or
certificates shall be effective only for the purposes defined in
Section one hundred and twenty-two of the land Registration Act,
and actual conveyance of the land shall be effected only as provided
in said section.
All surveys pending approval by the Director of Lands at the time
this Act takes effect shall be acted upon by him within ninety days
from the effectivity of this Act.
Section108. No patent shall issue nor shall any concession or
contract be finally approved unless the land has been surveyed and
an accurate plat made thereof by the Bureau of Lands.
Section109. In no case shall any land be granted under the
provisions of this Act when this affects injuriously the use of any
adjacent land or of the waters, rivers, creeks, foreshore, roads, or
roadsteads, or vest the grantee with other valuable rights that may
be detrimental to the public interest.
Section110. Patents or certificates issued under the provisions of
this Act shall not include nor convey the title to any gold, silver,
copper, iron, or other metals or minerals, or other substances
containing minerals, guano, gums, precious stones, coal, or coal oil
contained in lands granted thereunder. These shall remain to be
property of the State.
Section111. All persons receiving title to lands under the provisions
of this Act shall hold such lands subject to the provisions hereof and
to the same public servitudes as exist upon lands owned by private
persons, including those with reference to the littoral of the sea and
the banks of navigable rivers or rivers upon which rafting may be
done.
Section112. Said land shall further be subject to a right-of-way not
exceeding sixty (60) meters in width for public highways, railroads,
irrigation ditches, aqueducts, telegraph and telephone lines and
similar works as the Government or any public or quasi-public
service or enterprise, including mining or forest concessionaires,
may reasonably require for carrying on their business, with
damages for the improvements only. 77
Section113. The beneficial use of water shall be the basis, the
measure, and the limit of all rights thereto, and the patents herein
granted shall be subject to the right of the Government to make
such rules and regulations for the use of water and the protection of
the water supply, and for other public purposes, as it may deem
best for the public good. Whenever, by priority of possession, rights
to the use of water for mining, agricultural, manufacturing, or other
purposes have vested and accrued, and the same are recognized
and acknowledged by the local customs, or by the laws and
decisions of the courts, the possessors and owners of such vested
rights shall be maintained and protected in the same, and all
patents granted under this Act shall be subject to any vested and
accrued rights to ditches and reservoirs used in connection with
such water rights as may have been acquired in the manner above
described prior to April eleven, eighteen hundred and ninety-nine.
Section114. There is hereby reserved from the operation of all
patents, certificates, entries, and grants by the Government
authorized under this Act the right to use for the purposes of power
any flow of water in any stream running through or by the land
granted, the convertible power from which at ordinary low water
exceeds fifty horse power. Where the convertible power in any
stream running through or by land granted under the authority of
this Act thus exceeds fifty horsepower, and there is no means of
using such power except by the occupation of a part of the land
granted under authority of this Act, then so much land as is
reasonably necessary for the mill site or site for the power house,
and for a suitable dam and site for massing the water, is hereby
excepted from such grants, not exceeding four hectares, and a right
of way to the nearest public highway from the land thus excepted,
and also a right of way for the construction and maintenance of
such flumes, aqueducts, wires, poles, or order conduits as may be
needed in conveying the water to the point where its fall will yield
the greatest power, or the power from the point of conversion to the
point of use, is reserved as a servitude or easement upon the land
granted by authority of this Act: Provided, however, That when the
Government or any concessionaire of the Government shall take
possession of the land under this section which a grantee under this
Act shall have paid for, supposing it to be subject to grant under
this Act, said grantee shall be entitled to indemnity from the
Government or the concessionaire, as the case may be, in the
amount, if any, paid by him to the Government for the land taken
from him by virtue of this section: And provided, further, That with
respect to the flow of water, except for converting the same into
power exceeding fifty horse power, said grantee shall be entitled to
the same use of the water flowing through or along his land that
other private owners enjoy under the law, subject to the
governmental regulation provided in the previous section. Water
power privileges in which the convertible power at ordinary low
water shall exceed fifty horse power shall be disposed of only upon
terms established by an Act of the Assembly concerning the use,
lease or acquisition of such water privilege.
Section115. All lands granted by virtue of this Act, including
homesteads upon which final proof has not been made or approved,
shall, even though and while the title remains in the State, be
subject to the ordinary taxes, which shall be paid by the grantee or
the applicant, beginning with the year next following the one in
which the homestead application has been filed, or the concession
has been approved, or the contract has been signed, as the case
may be, on the basis of the value fixed in such filing, approval or
signing of the application, concession or contract.
Section116. The appraisal or reappraisal of the lands or
improvements subject to concession or disposition under this Act
shall be made by the Director of Lands, with the approval of the
Secretary of Agriculture and Commerce. The Director of Lands may
request the assistance of the provincial treasurer of the province in
which the land lies or may appoint a committee for such purpose in
the province or in the municipality in which the land lies. In no case
shall the appraisal or reappraisal be less than the expense incurred
or which may be incurred by the Government in connection with the
application or concession, nor shall any reappraisal be made with an
increase of more than one hundred per centum upon the appraisal
or reappraisal next preceding.
Section117. All sums due and payable to the Government under this
Act, except homestead fees, shall draw simple interest at the rate of
four per centum per annum from and after the date in which the
debtor shall become delinquent.
Section118. Except in favor of the Government or any of its
branches, units, or institutions, lands acquired under free patent or
homestead provisions shall not be subject to encumbrance or
alienation from the date of the approval of the application and for a
term of five years from and after the date of issuance of the patent
or grant, nor shall they become liable to the satisfaction of any debt
contracted prior to the expiration of said period, but the
improvements or crops on the land may be mortgaged or pledged to
qualified persons, associations, or corporations.
No alienation, transfer, or conveyance of any homestead after five
years and before twenty-five years after issuance of title shall be
valid without the approval of the Secretary of Agriculture and
Commerce, which approval shall not be denied except on
constitutional and legal grounds.
Section119. Every conveyance of land acquired under the free
patent or homestead provisions, when proper, shall be subject to
repurchase by the applicant, his widow, or legal heirs, within a
period of five years from the date of the conveyance.
Section120. Conveyance and encumbrance made by persons
belonging to the so-called "non-Christian Filipinos" or national
cultural minorities, when proper, shall be valid if the person making
the conveyance or encumbrance is able to read and can understand
the language in which the instrument or conveyance or
encumbrances is written. Conveyances and encumbrances made by
illiterate non-Christian or literate non-Christians where the
instrument of conveyance or encumbrance is in a language not
understood by the said literate non-Christians shall not be valid
unless duly approved by the Chairman of the Commission on
National Integration.
Section121. Except with the consent of the grantee and the
approval of the Secretary of Natural Resources, and solely for
commercial, industrial, educational, religious or charitable purposes
or for a right of way, no corporation, association, or partnership
may acquire or have any right, title, interest, or property right
whatsoever to any land granted under the free patent, homestead,
or individual sale provisions of this Act or to any permanent
improvement on such land.
The provisions of Section 124 of this Act to the contrary
notwithstanding, any acquisition of such land, rights thereto or
improvements thereon by a corporation, association, or partnership
prior to the promulgation of this Decree for the purposes herein
stated is deemed valid and binding; Provided, That no final decision
of reversion of such land to the State has been rendered by a court;
And Provided, further, That such acquisition is approved by the
Secretary of Natural Resources within six (6) months from the
effectivity of this Decree.
Section122. No land originally acquired in any manner under the
provisions of this Act, nor any permanent improvement on such
land, shall encumbered, alienated, or transferred, except to
persons, corporations, associations, or partnerships who may
acquire lands of the public domain under this Act or to corporations
organized in the Philippines authorized therefor by their charters.
Except in cases of hereditary succession, no land or any portion
thereof originally acquired under the free patent, homestead, or
individual sale provisions of this Act, or any permanent
improvement on such land, shall be transferred or assigned to any
individual, nor shall such land or any permanent improvement
thereon be leased to such individual, when the area of said land,
added to that of his own, shall exceed one hundred and forty-four
hectares. Any transfer, assignment, or lease made in violation
hereof, shall be null and void.
Section123. No land originally acquired in any manner under the
provisions of any previous Act, ordinance, royal order, royal decree,
or any other provision of law formerly in force in the Philippines with
regard to public lands, terrenos baldios y realengos, or lands of any
other denomination that were actually or presumptively of the public
domain, or by royal grant or in any other form, nor any permanent
improvement on such land, shall be encumbered, alienated, or
conveyed, except to persons, corporations or associations who may
acquire land of the public domain under this Act or to corporate
bodies organized in the Philippines whose charters authorize them
to do so: Provided, however, That this prohibition shall not be
applicable to the conveyance or acquisition by reason of hereditary
succession duly acknowledged and legalized by competent courts;
Provided, further, That in the event of the ownership of the lands
and improvements mentioned in this section and in the last
preceding section being transferred by judicial decree to persons,
corporations or associations not legally capacitated to acquire the
same under the provisions of this Act, such persons, corporations,
or associations shall be obliged to alienate said lands or
improvements to others so capacitated within the precise period of
five years; otherwise, such property shall revert to the Government.
Section124. Any acquisition, conveyance, alienation, transfer, or
other contract made or executed in violation of any of the provisions
of sections one hundred and eighteen, one hundred and twenty, one
hundred and twenty-one, one hundred and twenty two, and one
hundred and twenty-three of this Act shall be unlawful and null and
void from its execution and shall produce the effect of annulling and
cancelling the grant, title, patent, or permit originally issued,
recognized or confirmed, actually or presumptively, and cause the
reversion of the property and its improvements to the State.
Section125. The provisions of sections twenty-two, twenty-three,
thirty-three, one hundred and twenty-two, and one hundred and
twenty-three of this Act, and any other provision or provisions
restricting or tending to restrict the right of persons, corporations,
or associations to acquire, hold, lease, encumber, dispose of, or
alienate land in the Philippines, or permanent improvements
thereon, or any interest therein, shall not be applied in cases in
which the right to acquire, hold or dispose of such land, permanent
improvements thereon or interests therein in the Philippines is
recognized by existing treaties in favor of citizens or subjects of
foreign nations and corporations or associations organized and
constituted by the same, which right, in so far as it exists under
such treaties, shall continue and subsist in the manner and to the
extent stipulated in said treaties, and only while these are in force,
but not thereafter.  public lands, shall be deemed guilty of coercion and be punished
Section126. All public auctions provided for in the foregoing
chapters in the disposition of public lands shall be held, wherever
possible, in the province where the land is located, or, in the office
of the Bureau of Lands in Manila
CHAPTER XIV
TRANSITORY PROVISIONS
Section127. During the existence and continuance of the
Commonwealth and before the Republic of the Philippines is finally
established, citizens and corporations of the United States shall
enjoy the same rights granted to citizens and corporations of the
Philippines under this Act.
Section128. During the period specified in the next preceding
section, the President of the Philippines, upon receipt of the order of
the President of the United States, shall, by proclamation, designate
such land as the latter may set aside for military, naval or other
reservations for use of the Government of the United States.
CHAPTER XV
PENAL PROVISIONS
Section129. Any person who presents or causes to be presented, or
cooperates in the presentation of, any false application, declaration,
or evidence, or makes or causes to be made or cooperates in the
making of a false affidavit in support of any petition, claim, or
objection respecting lands of the public domain, shall be deemed
guilty of perjury and punished accordingly.
Section130. Any person who voluntarily and maliciously prevents or
hinders or attempts to prevent or hinder the presentation of any
application for public land under this Act, or who in any manner
attempts to execute or executes acts intended to dissuade or
discourage, or aid to dissuade or discourage, the acquisition of
accordingly.
Section131. Any person who sells forms issued and distributed
gratuitously under this Act or who, being an officer charged with
distributing them, refuses or fails, without sufficient reason, to
furnish the same, shall be punished for each offense by a fine of not
more than one hundred pesos or by imprisonment for not more than
three months, or both, in the discretion of the court.
Section132. Any person, corporation, association or partnership with the provisions of this Act, are hereby repealed.
which, not being qualified or no longer authorized to apply for public
land under the provisions of this Act, files or induces or knowingly Section136. This Act shall take effect on December first, nineteen
permits another person, corporation, association or partnership to hundred and thirty-six unless the President shall, in the
file an application in his or its behalf or for his or its interest, benefit proclamation announcing its effectiveness, designate a prior date, in
or advantage, shall be punished by a fine of not less than two which case this Act shall take effect on the date so designated.
hundred nor more than five thousand pesos or by imprisonment for
not less than two months nor more than five years, or both, in the
discretion of the court; and the application shall be cancelled.

Section133. Any person who, without having the qualifications

required by this Act, shall by deceit or fraud acquire or attempt to
acquire lands of the public domain or other real property or any
right, title or interest, or property right of any class to the same,
and any person aiding and abetting him therein or serving as a
means or tool therefor, shall, upon conviction, be punished by a fine
of not more than five thousands pesos, or by the imprisonment for
not more than five years, or both, in the discretion of the court.

TITLE VII
FINAL PROVISIONS

CHAPTER XVI
EFFECTIVENESS OF THIS ACT

Section134. If, for any reason, any section or provision of this Act is
challenged in a competent court and is held to be unconstitutional,
none of the other sections or provisions thereof shall be affected
thereby and such other sections and provisions shall continue to
govern as if the section or provisions so annulled, disapproved, or
repealed had never been incorporated in this Act, and in lieu of the
section or provision so annulled, disapproved, or repealed, the
provisions of law on the subject thereof in force prior to the
approval of this Act shall govern until the Assembly shall otherwise
provide in the premises.

Section135. All laws and regulations, or parts thereof, inconsistent


SECTION 2 OF CA 141:
The provisions of this Act shall apply to the lands of the public domain; but timber
and mineral lands shall be governed by special laws and nothing in this Act provided
shall be understood or construed to change or modify the administration and
disposition of the lands commonly called "friar lands" and those which, being
privately owned, have reverted to or become the property of the Commonwealth of
the Philippines, which administration and disposition shall be governed by the laws at
present in force or which may hereafter be enacted.
PURPOSE
The President, upon the recommendation of the Secretary of Agriculture and
Commerce, shall from time to time classify the lands of the public domain into —
(a) Alienable or disposable,
(b) Timber, and
(c) Mineral lands,
and may at any time and in a like manner transfer such lands from one class to
another, for the purposes of their administration and disposition.
The Public Land Act operated on the assumption that title to public lands in the
Philippine Islands remained in the government; and that the government’s title to
public land sprung from the Treaty of Paris and other subsequent treaties between
Spain and the United States.
CA 141:
Any citizen of lawful age of the Philippines, and any corporation or association of
which at least sixty per centum of the capital stock or of any interest in said capital
stock belongs wholly to citizens of the Philippines,
“the classification of public land is an exclusive prerogative of the Executive
Department of the Government and not of the Courts
CLASSIFIED AS:
a. Lands reclaimed by the Government by dredging, filing, or other means
b. Foreshore
c. Marshy land or lands covered with water bordering upon the shores or banks of
navigable lakes or rivers.
SALE
CA 141
Any citizen of the Philippines over 18 years of age or the head of a family, but not to
exceed twelve hectares.
SECTION 6.
-both the President and Congress are empowered to declare what public lands are
open to disposition or concession under this Act.
-President also has the power to declare otherwise alienable or disposable lands as
reservations, for town sites and for other public and semi-public purposes
ACT 926. SECTION 54:
All persons who prior to the transfer of sovereignty from Spain to the United States:
-had fulfilled all the conditions required by the Spanish laws and royal decrees of the
THANK YOU :)
Kingdom of Spain for the purchase of public lands, including the payment of the
purchase price, but who failed to secure formal conveyance of title; ACT 926 and
-had fulfilled all the conditions required by the Spanish laws and royal decrees of the Commonwealth ACT no. 141
Kingdom of Spain for the purchase of public lands, including the payment of the
purchase price, but who failed to secure formal conveyance of title; CA 141
-having applied for the purchase of public lands and having secured a survey and applicant must show that:
award of same, did not through negligence upon their part, comply with the
-he is a citizen of the Philippines over the age of eighteen years, or is the head of a
conditions of full or any payment therefor, but who after such survey and award shall
have occupied the land adversely, except as prevented by war or force majeure, until family,
the taking effect of this Act; -and does not own, or has not received by gratuitous allotment from the government,
-All persons who were entitled to apply and did apply for adjustment or composition more than twenty-four hectares of land in the Philippines.
of title to lands against the Government... but who failed to receive title therefor
through no default upon their part; MODES OF DISPOSITION
-All persons who were entitled to a gratuitous title to public lands by "possessory
OF
proceedings" ...and who, having complied with all the conditions therein required
failed to receive title therefor through no default upon their part; and PUBLIC LANDS
-. All persons who by themselves or their predecessors in interest has been in the CA 141
open, continuous exclusive, and notorious possession and occupation of agricultural
public lands, .... under a bona fide claim of ownership except as against the HOMESTEAD SETTLEMENT
Government, for a period of ten years next preceding the taking effect .. shall be
(QUALIFICATIONS)
conclusively presumed to have performed all the conditions essential to a government
grant and to have received the same, and shall be entitled to a certificate of title to WHAT IS A PUBLIC LAND?
such land under the provisions of this chapter. CONDITIONS:
COVERAGE OF PUBLIC LAND ACT a. The purchaser shall enter the land and introduce suitable improvements thereon
It prescribed rules and regulations for the homesteading, selling and leasing of within six (6) months, and complete such improvements not later than 18 months
portions of the public domain of the Philippine Islands, and prescribed the terms and
from the date of the award.
conditions to enable persons to perfect their titles to public lands in the Islands.
b. The purchaser shall pay the purchase price of the land in ten (10) equal annual
COMMONWEALTH ACT 141
installments.
ACT 926: SECTION 22. Any citizen of the United States, or of the Philippine
Islands, or of any insular possession of the United States, or any corporation or CLASSIFICATIONS OF THE PUBLIC DOMAINS
association of persons organized under the laws of the Philippine Islands, or of any TAKE NOTE:
state, territory, or insular possession thereof, authorized by the laws of its creation and
any by the laws of the Philippine Islands
Section 2, Article XII, alienable lands are limited only to AGRICULTURAL
LANDS.
1. The land sought to be registered must form part of the alienable and disposable
lands of the public domain.
2. The applicant must be a Filipino citizen, who must have, by himself or through his
predecessors-in-interest, possessed and occupied the land in the concept of an owner
since 12 June 1945
3. The application must be filed before 31 December 2020. (only a time requirement)
ACT 926:
SECTION 1. Any citizen of the Philippine Islands, or of the United States, or of any
Insular possession thereof, over the age of twenty-one years or the head of a family.
Section 3, Article XII of the 1987 Constitution
(1) agricultural
(2) forest or timber
(3) mineral and
(4) national parks
OTHERWISE KNOWN AS THE PUBLIC LAND ACT AS AMENDED IS THE
GENERAL LAW GOVERNING THE CLASSIFICATION, DELIMITATION,
SURVEYING AND DISPOSITION OF ALIENABLE LANDS OF THE PUBLIC
DOMAIN.
ACT 926
SECTION 71. The Civil Governor, for reasons of public policy, may, from time to
time by proclamation, designate any tract or tracts of public lands in the Philippines
as nonalienable, and thereafter the same shall be withdrawn from settlement, entry,
sale or other disposition under any of the public land laws of the islands until again
made subject thereto by law of the islands.
(1) For homestead settlement;
(2) By sale;
(3) By lease;
(4) By confirmation of imperfect or incomplete titles:
(a) By judicial legalization;
(b) By administrative legalization (free patent).
926: SECTION 36. Whenever in the opinion of the Secretary of the Interior it shall be
in the public interest to reserve a town site from the public land or to acquire lands for
such purpose..
CA 141:
The President, upon recommendation of the Secretary of Environment and Natural
Resources, may, if public interest so requires, issue a proclamation reserving lands for
townsite purposes to found a new town.
Lands under this category may be disposed of by the Government in favor of a
province, city, municipality or other branches of the Government in the form of
donation, sale, lease, exchange, or any form.
SECTION 6
Such classifications, however, must be categorical:
ACT 926:
SECTION 10.
Any citizen of the Philippine Islands, or of the United States or of any insular
possession therefor, or any corporation or like association of persons organized under
the laws of the Philippine Islands or of the United States or any state, territory, or
insular possession thereof, and authorized to transact business in the Philippine
Islands, may purchase any tract of unoccupied, unappropriated and unreserved non-
mineral agricultural public land in the Philippine Islands.
TOWNSITE RESERVATION
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE
SECTION 9. For the purpose of their administration and disposition, the lands of the
public domain alienable or open to disposition shall be classified, according to the use
or purposes to which such lands are destined, as follows:
(a) Agricultural;
(b) Residential, commercial, industrial, or for similar productive purposes;
(c) Educational, charitable, or other similar purposes; -SECTION 3
(d) Reservations for town sites and for public and quasi-public uses.
-SECTION 17
The President, upon recommendation by the Secretary of Agriculture and Commerce,
shall from time to time make the classifications provided for in this section, and may, -SECTION 22
at any time and in a similar manner, transfer lands from one class to another.
Disposition of Public Lands for Educational, Charitable and Similar Purposes
SALE OR LEASE OF PUBLIC LANDS FOR RESIDENTIAL, COMMERCIAL OR ACT 926
INDUSTRIAL PURPOSES LEGAL RESTRICTIONS AND ENCUMBRANCES
ACT 926: UNOCCUPIED, UNRESERVED, UNAPPROPRIATED
CA 141: FURTHER CLASSIFICATIONS OF PUBLIC LAND
AGRICULTURAL PUBLIC LAND IN THE PHILIPPINE ISLANDS.
POWER OF THE EXECUTIVE
SALE AND LEASE: UNOCCUPIED, UNRESERVED, UNAPPROPRIATED NON
MINERAL
PURPOSE
CA 141
-SECTION 118
-SECTION 119
-SECTION 120
-SECTION 121
SECTION 122
CA 141

LEASE: qualifications
Public lands, or those lands of the public domain which are open to disposition and
alienation, are governed by Commonwealth Act No. 141, or the Public Land Act.
Passed into law in 1983, the Act sought to codify all laws relating to public lands then
existing at the time of its enactment.

AGRICULTURAL LANDS
ACT 926
-SECTION 4