QuestionsQuestions (Act No. 2874)
It applies to lands of the public domain. Timber and mineral lands are governed by special laws, and the Act does not modify the government and disposition of “friar lands” and lands privately owned that have reverted to or become Philippine Government property.
The Secretary of Agriculture and Natural Resources, through the Director of Lands, with the Director acting under the Secretary’s immediate control.
The Director of Lands’ decisions as to questions of facts are conclusive when approved by the Secretary of Agriculture and Natural Resources.
Alienable or disposable lands, timber lands, and mineral lands. The Governor-General may transfer lands from one class to another for purposes of government and disposition.
They must have been officially delimited and classified and, when practicable, surveyed; and they must not be reserved for public/quasi-public uses, nor appropriated, nor become private property, nor be subject to valid private rights under this Act or other valid law; and if reserved or appropriated, they must have ceased to be so.
Concession/disposition is suspended until the lands are again declared open to concession/disposition by a duly published proclamation or by an Act of the Legislature.
They mean any methods authorized by the Act for acquisition, lease, use, or benefit of lands of the public domain other than timber or mineral lands.
Homestead settlement; sale; lease; and confirmation of imperfect or incomplete titles through (a) administrative legalization (free patent) and (b) judicial legalization.
A citizen of the Philippine Islands or of the United States, age 18 or over, or the head of a family, who does not own more than 24 hectares in the Philippines or has not previously benefited from gratuitous allotments exceeding 24 hectares. The homestead may not exceed 24 hectares of agricultural land.
After approval, within 6 months the applicant must begin to work the homestead; otherwise the prior right is lost. The entry fee is 10 pesos (Philippine currency).
Before expiration of the period allowed for final proof, after due notice, the Director may cancel if the land is not subject to homestead entry; if the homesteader changed residence; if the homesteader voluntarily abandoned the land for more than 6 months at any one time during required residence/occupation; or if the homesteader otherwise failed to comply with the Act.
Due notice to the public must be given of the homesteader’s intention to make final proof, including the homesteader’s name and address, land description with boundaries and area, intended witnesses, and the time/place and officer before whom proof will be made.
Before the patent issues, if the homesteader cannot continue through no fault and there is a bona fide purchaser for rights and improvements, he may transfer rights with prior approval of the Secretary of Agriculture and Natural Resources. The purchaser must file a new homestead application and succeed to rights/obligations from approval date. Transfers without prior approval are null and void and lead to cancellation and refusal of patent.
Citizens of the Philippines or the US of lawful age; and corporations/associations organized under PH/US laws with at least 61% of capital stock belonging to citizens of the PH/US. Individuals may purchase up to 100 hectares; corporations/associations up to 1,024 hectares. Partnerships may purchase up to 100 hectares per member but total cannot exceed 1,024 hectares.
Bids must be sealed and include cash/certified check/post-office money order for 25% of the bid amount payable to the Director, retained as part payment if accepted. No bid below appraised value is considered. Upon opening, the highest bidder is awarded; if two or more bidders have equal highest bids and one is the applicant, the applicant’s bid is accepted; otherwise, the land is submitted to public auction where the applicant may raise his bid to match the highest bid. Final acceptance requires additional deposit of 25% as required.