Question & AnswerQ&A (Commonwealth Act No. 141)
The short title of Commonwealth Act No. 141 is "The Public Land Act."
The Public Land Act applies to lands of the public domain, excluding timber and mineral lands which are governed by special laws. It does not change the administration of "friar lands" or lands that have reverted to the Commonwealth.
The Secretary of Agriculture and Commerce is the executive officer charged with carrying out the provisions of the Act through the Director of Lands.
Lands of the public domain are classified into alienable or disposable lands, timber lands, and mineral lands. The President, upon recommendation of the Secretary of Agriculture and Commerce, may reclassify lands as necessary.
The forms of concession for agricultural public lands are: (1) Homestead settlement, (2) Sale, (3) Lease, and (4) Confirmation of imperfect or incomplete titles by judicial or administrative legalization.
Any Filipino citizen over eighteen years of age or head of a family who does not own more than twenty-four hectares of land in the Philippines and has not benefited from any gratuitous allotment over twenty-four hectares may apply for a homestead not exceeding twenty-four hectares.
Upon approval, the applicant must pay an entry fee of five pesos and begin working the land within six months. At least one-fifth of the land must be improved and cultivated within one to five years. A final fee of five pesos is paid before issuance of a patent.
Conveyance or encumbrance of lands granted under the free patent or homestead provisions is prohibited for five years after issuance; thereafter, transfers require approval of the Secretary of Agriculture and Commerce. Violations render the transaction null and void and cause the land to revert to the State.
Public agricultural lands may be sold by public auction after notices published in the Official Gazette and newspapers. Bidders must deposit 10% of the bid amount. The highest bidder is awarded the land, subject to appraisal and payment conditions.
Any person who presents false applications, declarations, or evidence or makes false affidavits relating to lands of the public domain shall be guilty of perjury. Those who hinder applications or use coercion for improper purposes shall be punished for coercion. Other penalties apply for fraud in acquisition of lands.