QuestionsQuestions (Commonwealth Act No. 456)
Not more than one homestead entry shall be allowed to any one person. Further, no person who has already been issued a homestead patent under the Act may again acquire a homestead.
If the previous homesteader was issued a patent for less than 24 hectares and otherwise qualified to make a homestead entry, he may be allowed another homestead.
The combined area of the previous homestead and the new homestead shall not exceed 24 hectares.
After approval of the application/explication but before patent issuance, the applicant must prove to the Director of Lands that he complied with all requirements of the law, but cannot continue with his homestead through no fault of his own.
There must be a bona fide purchaser for the rights and improvements, and the conveyance must not be made for purposes of speculation.
The transfer must have the previous approval of the Secretary of Agriculture and Commerce.
The purchaser must immediately file a homestead application to the land acquired and shall succeed the original homesteader in rights and obligations beginning with the date of the approval of the purchaser’s application.
No. Any person who has so transferred his rights may not again apply for a new homestead.
It is null and void, and it results in cancellation of the entry and refusal of the patent.
Except in favor of the Government or any of its branches, units, or institutions, such lands shall not be subject to encumbrance or alienation from the date of approval of the application and for a term of five years from the date of issuance of the patent or grant.
Such lands shall not become liable to the satisfaction of any debt contracted prior to the expiration of the five-year period.
The improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations.
After five years and before 25 years from issuance of title, alienation/transfer/conveyance of a homestead shall be valid only if there is approval by the Secretary of Agriculture and Commerce.
Approval shall not be denied except on constitutional and legal grounds.
The exception applies in favor of the Government or any of its branches, units, or institutions.
It took effect upon its approval, which was June 8, 1939.