QuestionsQuestions (Commonwealth Act No. 141)
The classes are (a) alienable or disposable, (b) timber lands, and (c) mineral lands. The President classifies and may transfer lands from one class to another upon recommendation of the Secretary of Agriculture and Commerce.
Only lands that have been officially delimited and classified and, when practicable, surveyed, and that have not been reserved/appropriated by the government or become private property, and on which no valid private right is claimed. For public interest, the President may open lands even before boundaries are established/surveyed, or suspend disposition until properly declared open again.
They refer to any of the methods authorized by the Act for acquiring, leasing, using, or benefitting lands of the public domain, other than timber or mineral lands.
Only: (1) for homestead settlement; (2) by sale; (3) by lease; and (4) by confirmation of imperfect or incomplete titles (judicial legalization or administrative legalization/free patent).
A citizen of the Philippines over 18, or head of a family, who does not own more than 24 hectares in the Philippines. Also, those who have not had a gratuitous allotment exceeding 24 hectares since the U.S. occupation.
Not exceeding 24 hectares of agricultural public land.
Within six months from approval, begin to work the homestead; otherwise the applicant loses the prior right.
No certificate/patent is issued until at least one-fifth of the land has been improved and cultivated. The cultivation period must be not less than one year and not more than five years from approval. If the homesteader proves continuous residence (at least one year in the municipality/adjacent municipality) and cultivation of at least one-fifth continuously since approval, plus affidavits of compliance, then upon payment of the final fee he is entitled to a patent.
If it is proven 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 the required years; or otherwise failed to comply with the requirements of the Act.
Main rule: not more than one homestead entry per person, and once a homestead patent has been issued, the person cannot again acquire a homestead. Exception: a previous homesteader who was issued a patent for less than 24 hectares and otherwise qualified may be allowed another homestead, with the combined area not exceeding 24 hectares.
Eligible are citizens of lawful age (and minors who are heads of families), plus corporations/associations with at least 60% Filipino capital organized under Philippine laws, and authorized corporate bodies. Individual max: 144 hectares; corporation/association max: 1,024 hectares; partnerships may purchase up to 144 hectares for each member, but total partnership area cannot exceed 1,024 hectares.
The Director must publish notice once a week for six consecutive weeks in the Official Gazette and in two newspapers (one in Manila and one in the municipality/province of the land or a neighboring province), and post on the Bureau of Lands bulletin board and in conspicuous places in provincial and municipal buildings (and, if practicable, on the land). If the value does not exceed 240 pesos, publication in the Official Gazette and newspapers may be omitted.
Within ten years from cultivation or grant, the purchaser may not convey, encumber, or dispose of the land/rights without prejudice to any right or interest of the government. Violations are null and void, producing reversion of the property and all rights to the State and forfeiture of payments already made.
Leases run for not more than 25 years and may be renewed once for another period not exceeding 25 years if the lessee made important improvements justifying renewal. Upon final expiration, all buildings and permanent improvements by the lessee and successors become property of the Government.
Inherent condition: lessee must break and cultivate not less than one-third of the land within five years from lease approval. If devoted to pasture, grazing must be sufficient for at least one-half the area (at one head per hectare).