QuestionsQuestions (Republic Act No. 1069)
The Act applies to lands of the public domain, but timber and mineral lands are governed by special laws. It also states that friar lands and certain privately owned lands that have reverted to the Philippine Government are governed by the laws currently in force or later enacted, and nothing in the Act modifies their government and disposition.
The Secretary of Agriculture and Natural Resources is the executive officer, through the Director of Lands. The Director has direct executive control over survey, classification, lease, sale, or other concession/disposition and management, and his decisions as to questions of fact are conclusive when approved by the Secretary.
Alienable or disposable public lands are classified according to the use/purpose: (a) Agricultural; (b) Commercial, industrial, or similar productive purposes; (c) Educational, charitable and other similar purposes; and (d) Reservations for town sites and for public/quasi-public uses.
Only lands officially delimited and classified, and when practicable surveyed, and that have not been reserved for public/quasi-public uses, appropriated by government, become private property, or where a private right authorized and recognized by law may be claimed, or where reserved/appropriated have ceased to be so.
For reasons of public interest, the Governor-General may declare lands open to disposition before boundaries are established or surveyed; or may suspend concession/disposition until again declared open by proclamation or by Act of the Legislature.
Agricultural public lands suitable for agriculture may be disposed of only by: (1) homestead settlement, (2) sale, (3) lease, or (4) confirmation of imperfect or incomplete titles through administrative legalization (free patent) or judicial legalization.
Any citizen of the Philippines or the United States, over 18 years old or head of a family, who does not own more than 24 hectares of land in the Philippines or has not had a gratuitous allotment exceeding 24 hectares since the U.S. occupation. Homestead is not to exceed 24 hectares of agricultural public land.
After approval of the application, the homesteader must begin to work the homestead within six months from approval, otherwise loses prior right. No certificate/patent is issued until land is improved and cultivated; the cultivation period must be at least two but not more than five years from approval. The applicant must notify the Director when ready for title acquisition and then prove residence and continuous cultivation, plus no alienation/encumbrance, to obtain a patent.
If payments are made in annual installments and the applicant becomes delinquent, the Director of Lands may, sixty days after delinquency, cancel the application after giving the prescribed notice timeframe (twenty days for payment of the sum due).
When it is proved to the Director’s satisfaction, after due notice, that the land is not subject to homestead entry, or the homesteader has changed residence, or voluntarily abandoned the land for more than six months at any one time during required years of residence and occupation, or otherwise failed to comply with the Act’s requirements.
Individuals: not exceeding 100 hectares. Corporations/associations: not exceeding 1,024 hectares total. Partnerships: not more than 100 hectares for each member, but total in no case beyond 1,024 hectares. Additionally, ownership is limited to qualified citizens/corporations/associations (at least 61% capital owned by Philippine citizens or U.S. citizens) organized under Philippine or U.S. laws and authorized to transact business in the Philippines.
No person/corporation/association/partnership other than those in Section 23 may acquire or own agricultural public land (or similar non-industrial/non-residential lands of public domain origin) and improvements/rights. Exception: those who already held such lands as of the Act’s effect date may continue holding, but they cannot encumber/convey/alienate to disqualified persons, except by hereditary succession duly legalized and acknowledged by competent courts.
The Director announces sale by weekly notice for six consecutive weeks in the Official Gazette and in two newspapers (one in Manila, one in the municipality/province where land is located or neighboring province), and posts on bulletin boards (Bureau of Lands Manila, and provincial/municipal buildings, and if practicable on the land). Notices must be in English and Spanish and specify a date not earlier than ten days after last Official Gazette publication. Bids must be sealed and must include cash/certified check/money order payable to Director for 25% of bid; no bid considered if less than appraised value. Award goes to highest bidder; if tied among higher bids and applicant is among the highest/equal, applicant’s bid is accepted; applicant may also raise bid to equal the highest at public auction. No bid is finally accepted until the bidder deposits 25% as required.
The lease does not confer the right to remove/dispose of valuable timber except as provided in forestry regulations for cutting timber on leased lands. It also does not confer the right to remove/dispose of stone, oil, coal, salts, or other minerals, or medicinal mineral waters. The part of the land that becomes mineral may be canceled by the Secretary after notice if it is more valuable for mineral than agriculture.
No one may acquire title/possess as owner lands of the public domain if the total area (added to other lands) exceeds the maximum area allowed for acquisition by purchase under the Act. Excess reverts to the Government. The owner must determine which portion is segregated; at request of the Secretary, the Attorney-General initiates court proceedings to determine excess portion and the disposal of such portion in the exclusive interest of Government. The law also imposes surtax on the excess until disposed.