THE PUBLIC LAND ACT(Com. Act No. 141, as amended)

Alienable transferable to anothers ownershipDisposition transfer to the care or possession of anotherHomestead the home and adjoining land occupied by a familyPublic auction a sale of property to the highest bidderBid an offer of a priceQuasi-public essentially public(as in services rendered)although under private ownership or control.Lease legal agreement that lets some are borrow for a period of time in return for payment.

The Short Title of this Act shall be The Public Land Act

What is Public Land? -those which have not been titled as well as those public dominion or outside the commerce of man such as road, public plaza, and rivers.What are Public Lands? - all lands that are not required by private person or corporation either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or not registered to private individual are public lands.

THE PUBLIC LAND ACT(Com. Act No. 141, as amended)TITLE I- TITLE AND APPLICATION OF THE ACT,LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION AND SURVEY, THEREOF FOR CONCESSIONCHAPTER I. - Short Title of the Act, Lands to Which It Applies and Officers Charged with Its ExecutionCHAPTER II. - Classification, Delimitation, and Survey of Lands of the Public Domain, for the Concession Thereof

TITLE ITITLE 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

Short Title of the Act, Section 1. The short title of this Act shall be "The Public Land Act."

Lands to Which It Applies 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

Officers Charged with Its ExecutionSecretary of Agriculture and Natural Resources 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. 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 Natural Resources.

CHAPTER II Classification, Delimitation, and Survey of Lands of the Public Domain, for the Concession Thereof

Classification Sec. 6. The President, upon the recommendation of the Secretary of Agriculture and Natural Resources, 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.

(a) Alienable or disposable, Sec. 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; and (d) Reservations for town sites and for public and quasi-public uses.

Delimitation, and Survey of Lands of the Public Domain Sec. 8. 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 Congress.

TITLE II- AGRICULTURAL PUBLIC LANDSCHAPTER III. - Forms of Concession of Agricultural LandsCHAPTER IV. - HomesteadsCHAPTER V. - Sale CHAPTER VI. - Lease CHAPTER VII. Free Patents CHAPTER VIII. - Judicial Confirmation of Imperfect or Incomplete Titles

TITLE IIAGRICULTURAL PUBLIC LANDS

CHAPTER III. - Forms of Concession of Agricultural LandsSec. 11. Public lands suitable for agricultural purposes can be disposed of only as follows: 1. For homestead settlement; 2. By sale; 3. By lease; and 4. By confirmation of imperfect or incomplete titles: (a) By judicial legalization / Judicial proceedings(b) By administrative legalization (free patent)./ Administrative proceedings

1. HOMESTEAD PATENTHomestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned upon actual cultivation and residence.

Where should Homestead Application be filed? A Homestead application like any other public land applications should be filed at the DENR-Community Environment and Natural Resources Office where the land being applied for is located.

Who are qualified to apply Citizens of the Philippines.Over 18 years old or head of the family.Not the owner of more than 12 hectares of land pursuant to the 1987 constitution

Legal RequirementsApplication fee of P50.00;Entry fee of P5.00;Final fee of P5.00;Approved plan and technical description of the land applied for; Actual occupation and residence by the applicant;

Steps leading to the issuance of a Homestead patent Filing of application;Preliminary Investigation;Approval of application;Filing of final proof which consists of two (2) parts; Notice of intention to make Final Proof which is posted for 30 days. Testimony of the homesteader corroborated by two (2) witnesses mentioned in the notice. The Final Proof is filed not earlier than 1 year after the approval of the application but within 5 years from the said date. Confirmatory Final Investigation; Order of Issuance of Patent; Preparation of patent using Judicial Form No. 67 and 67-D and the technical description duly inscribed at the back thereof; Transmittal of the Homestead patent to the Register of Deeds concerned.

Signing and Approving Authority For Homestead and Free Patents: Up to 5 hectares (has.) - PENROMore than 5 Has. to 10 Has. - REDMore than 10 Has. - DENR Secretary

Source:http://new.lmb.gov.ph/index.php?option=com_content&view=article&id=20&Itemid=111

2. Sales

WHO ARE QUALIFIED TO APPLY?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.

MAXIMUM AREA THAT MAY BE GRANTED TO AN APPLICANTIndividualNot to exceed one hundred and forty-four hectares in the case of anCorporation or association one thousand and twenty-four hectaresPartnershipshall be entitled to purchase not to exceed (144)one hundred and forty- four hectares for each member, but the total area so purchased shall in no case exceed the (1024)one thousand and twenty-four hectares authorized in this section for associations and corporations.

STEPS IN ACQUIRINGThe Director of Lands shall announce the sale thereof by publishing the proper notice once a week for six consecutive weeks in the Official Gazette 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

Sec. 24. Lands sold under the provisions of this chapter must be appraised in accordance with Section one hundred and sixteen of this Act Sec. 116. 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 Natural Resources.

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 is that of the applicant, his bid shall be accepted.

3. 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.

Requirements:After the date of the awardThe purchaser shall have not less than one-fifth of the land broken and cultivated within five yearsBefore any patent is issued, the purchaser must show actual occupancy, cultivation and improvement of at least one-fifth of the land applied for until the date on which final payment is made.

Requirements: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:

Requirements: 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 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.

3. Lease Sec. 41. 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 cancelled by the Secretary of Agriculture and Natural Resources, after notice to the lessee, whenever the said part of the land is more valuable for mineral than for agricultural purposes.

Who are qualified to applyAll citizen of lawful age of the Philippine Islands or of the United States.corporationassociation

MAXIMUM AREA THAT MAY BE GRANTED TO AN APPLICANTNo member, stockholder or any corporation or association holding or controlling under lease or otherwise agricultural land in excess of one hundred and forty-four hectares

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 and fourteen of this Act The rent, which shall be paid yearly in advance, shall accrue from the date of the approval of the lease, and the first payment thereof shall be made in the Bureau of Lands on the date of the approval of the application. (As amended by section 8 of Act No. 3517).SECTION 37.Leases shall run for a period of not more than twenty-five years, but may be renewed for another period of not to exceed twenty-five years, at the option of the lessee. In case the lessee shall have made important improvements which

SECTION 40.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-three, shall have the option of purchasing the land leased subject to the restrictions of chapter five of this act.

4. By confirmation of imperfect or incomplete titles:

(a) By judicial legalization or Judicial proceedings - by filing petition for registration in Court.(b) By administrative legalization (free patent). Or Administrative proceedings - filing an appropriate application for patent (e.g. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds.

(b) Free Patents A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru the administrative confirmation of imperfect and incomplete title. Agricultural public lands classified as alienable and disposable are subject for disposition under Free Patent.

The applicant for a free patent must comply with the following qualifications 1. He must be a natural born citizen of the Philippines.2. He must not be the owner of more than twelve (12) hectares of land.3. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16, 1990 by the applicant or his predecessors-in-interest and shall have paid the real estate tax thereon.4. A minor can apply for a free patent, provided he is duly represented by his natural parents or legal guardian and has been occupying and cultivating the area applied for either by himself or his predecessor-in-interest

The following are the steps leading to the approval and issuance of a free patent:1. Filing of application;2. Investigation;3. Posting of notice for two (2) consecutive weeks in the provincial capitol or municipal building and barangay hall concerned;4. Order of approval of application and issuance of patent; 5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof; 6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of Title.

The following officials of the Department of Environment and Natural Resources (DENR) are authorized to approve applications for homestead and free patents:1. Up to 5 hectares Provincial Environment and Natural Resources Officer (PENRO)2. More than 5 Ha. to 10 Ha. Regional Executive Director of the DENR.

TITLE III - LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSESCHAPTER IX. - Classification and Concession of Public Lands Suitable for Residence, Commerce and Industry

TITLE III LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSES

CHAPTER IXClassification and Concession of Public Lands Suitable for Residence, Commerce and Industry

ClassificationSec. 59. The lands disposable under this title shall be classified as follows: (a) Lands reclaimed by the Government by dredging, filling, 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.

Sec. 60. 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 forty-four hectares; Provided, however, That this limitation shall not apply to grants, donations, or 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 effecting 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. (As amended by Rep. Act 4107, approved June 19, 1964.)

Sec. 61. 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,class (d) may be disposed of by sale or lease under the provisions of this Act.

The sale of the lands classes (c) and (d) 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-pf sale may contain other conditions not inconsistent with the provisions of this Act.

TITLE IV LANDS FOR EDUCATIONAL,CHARITABLE, AND OTHER SIMILAR PURPOSES

CHAPTER XConcession of Lands for Educational, Charitable and Other Similar Purposes

Sec. 69. 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 of the Secretary of Agriculture and Natural Resources, 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 to be 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 Congress disposes otherwise.

TITLE IV LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSESCHAPTER X. - Concession of Lands for Educational, Charitable and Other Similar Purposes

CHAPTER X. Concession of Lands for Educational, Charitable and Other Similar Purposes

TITLE V RESERVATIONS CHAPTER XI. - Town Site Reservations CHAPTER XII. - Reservations for Public and Semi-Public Purposes CHAPTER XIII Provisions Common to ReservationsTITLE VI GENERAL PROVISIONS CHAPTER XIV. - Applications: Procedure, Concession of Lands and Legal Restrictions, and Encumbrances CHAPTER XV. - Transitory Provisions CHAPTER XVI. - Penal Provisions TITLE VII FINAL PROVISIONS CHAPTER XVII. Effectiveness of this Act

TITLE V RESERVATIONS CHAPTER XI. - Town Site Reservations CHAPTER XII. - Reservations for Public and Semi-Public Purposes CHAPTER XIII - Provisions Common to Reservations

TITLE VI GENERAL PROVISIONS CHAPTER XIV. - Applications: Procedure, Concession of Lands and Legal Restrictions, and Encumbrances CHAPTER XV. - Transitory Provisions CHAPTER XVI. - Penal Provisions

TITLE VII FINAL PROVISIONS CHAPTER XVII. Effectiveness of this Act

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