Question & AnswerQ&A (Act No. 2874)
The short title of Act No. 2874 is "The Public Land Act."
The Act applies to lands of the public domain except for timber and mineral lands, which are governed by special laws. It also does not modify the disposition of 'friar lands' and lands that reverted to the government.
The Secretary of Agriculture and Natural Resources is the executive officer charged with carrying out the provisions of the Act through the Director of Lands, who acts under his control.
Lands are classified into (a) Alienable or Disposable, (b) Timber lands, and (c) Mineral lands. The Governor-General may transfer lands from one class to another as needed.
Agricultural public lands may be disposed of by (1) homestead settlement, (2) sale, (3) lease, and (4) confirmation of imperfect or incomplete titles through administrative or judicial legalization.
Applicants must be citizens of the Philippine Islands or the United States over 18 years old or heads of families who do not own more than 24 hectares and have not received more than 24 hectares as gratuitous allotment.
The maximum area allowed for homestead entry is 24 hectares of agricultural land.
Any person presenting or cooperating in the presentation of false applications, declarations, or evidence shall be deemed guilty of perjury and punished accordingly.
Any lawful citizen of the Philippines or the United States and corporations with at least 61% capital owned by such citizens may purchase agricultural lands not exceeding 100 hectares for individuals and 1,024 hectares for corporations or associations.
The land shall revert to the government, and all prior payments of purchase money shall be forfeited if abandonment is voluntary for more than one year at any one time or if requirements are not complied with.
Lands acquired under free patent or homestead provisions shall not be encumbered or alienated for five years from issuance. Conveyances to disqualified persons or entities without approval are null and void and cause reversion to the government.
All applications shall be addressed to the Director of Lands, made under oath, and contain specific information about the applicant, the land, uses, claims, and qualifications. False statements or omissions cause cancellation of the concession or permit.
Notice of sale must be published in the Official Gazette and newspapers for six consecutive weeks. Bids must be sealed and accompanied by 25% cash or certified check. Lands will be awarded to the highest bidder, with preference to an applicant under certain conditions.
The government reserves title to minerals, guano, precious stones, coal, and rights related to water power exceeding fifty horse power. It may also reserve easements for public roads and regulate water usage.
Leases may run for 25 years with possible renewals for additional 25-year terms. Lessees cannot assign or sublet without approval. Important improvements may justify further renewal. Removal of timber, minerals, or waste violations lead to forfeiture or cancellation.