Question & AnswerQ&A (Act No. 2874)
The short title of Act No. 2874 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.
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.
Lands of the public domain are classified into (a) Alienable or disposable, (b) Timber, and (c) Mineral lands.
Agricultural public lands can be disposed of only by (1) Homestead settlement, (2) Sale, (3) Lease, and (4) Confirmation of imperfect or incomplete titles, either by administrative legalization (free patent) or judicial legalization.
Any citizen of the Philippine Islands or the United States, over 18 years old or head of a family, who does not own more than 24 hectares of land and has not benefited from any gratuitous allotment exceeding 24 hectares, may enter a homestead not exceeding 24 hectares.
The applicant must begin to work the land within 6 months of application approval, cultivate and improve the land for at least two years (not more than five), continuously reside in or near the municipality, and prove compliance through affidavits; then upon payment of the fee, the patent is granted.
Citizens of the Philippines or the United States, and corporations or associations with at least 61% capital owned by such citizens, may purchase agricultural public lands. Individuals may purchase up to 100 hectares, and corporations or associations up to 1,024 hectares.
Lands acquired cannot be alienated or encumbered except to persons or entities qualified under the Act; any conveyance without prior approval of the Secretary of Agriculture and Natural Resources is null and void, leading to cancellation and reversion of title to the Government.
Presenting false applications, declarations, evidence or affidavits is punishable as perjury. Fraudulent acquisition or attempts by unqualified persons can lead to fines up to five thousand pesos, imprisonment up to five years, or both.
They are classified as reclaimed lands, foreshore, marshy lands bordering navigable waters, and other lands. Disposal is by lease or sale, with specific conditions and area limitations generally not exceeding 10 hectares for private parties.
Patents do not convey title to minerals such as gold, silver, coal, etc., which remain Government property. The Government reserves rights over water power exceeding 50 horsepower, including land needed for mill sites and related works, with indemnity provisions for affected landowners.
All rights, interests, improvements, and crops related to the land are forfeited to the Government, unless cancellation is due to delinquency, in which case reimbursements after debts and expenses may be due to the applicant.
Non-Christian natives may obtain permits of occupation for up to 10 hectares in reservations set aside for them, subject to cultivation conditions, with a permit term of 5 years; they may later apply for homesteads with priority.
Any person, corporation, or association may file objections under oath against applications or concessions based on reasons sufficient under the Act. After hearing both parties, the Director of Lands may deny or cancel the application or patent if objections are well-founded.