Amendment to Public Land Act Homestead Provisions

CA No. 456 is enacted by the National Assembly of the Philippines.
CA No. 456 amends Commonwealth Act No. 141 by revising Section 19 (homestead entry limits and re-entry rules).
CA No. 456 amends Section 20 of Commonwealth Act No. 141 (transfer of homestead rights before patent under specified conditions).
CA No. 456 amends Section 118 of Commonwealth Act No. 141 (encumbrance/alienation restrictions during prescribed periods and the approval requirement).
CA No. 456 contains no express repealing clause and no sunset clause.

Section 19 provides that not more than one homestead entry shall be allowed to any one person.
Section 19 prohibits any person who has been issued a homestead patent (regardless of area of the original homestead) from again acquiring a homestead under the Act’s homestead provisions.
Section 19 allows a previous homesteader who has been issued a patent for less than twenty-four hectares and is otherwise qualified to make a homestead entry to be allowed another homestead.
Section 19 requires that the combined area of the previous homestead and the another homestead shall not exceed twenty-four hectares.

Section 20 applies when, after approval of the applicant’s homestead explication and before the patent is issued, the applicant proves compliance with all legal requirements but cannot continue with the homestead through no fault of his own.
Section 20 requires proof to the satisfaction of the Director of Lands that there is a bona fide purchaser for the rights and improvements of the applicant on the land.
Section 20 requires proof that the conveyance is not made for purposes of speculations.
Section 20 authorizes the applicant, with the previous approval of the Secretary of Agriculture and Commerce, to transfer his rights to the land and improvements to any person legally qualified to apply for a homestead.
Section 20 requires that, immediately after the transfer, the purchaser shall 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.
Section 20 prohibits a person who has transferred his rights from again applying for a new homestead.
Section 20 declares that any transfer made without the previous approval of the Secretary of Agriculture and Commerce is null and void, resulting in cancellation of the entry and refusal of the patent.

Section 118 states that except in favor of the Government or any of its branches, units, or institutions, lands acquired under free patent or homestead provisions are not subject to encumbrance or alienation.
Section 118 provides that the encumbrance/alienation prohibition runs from the date of approval of the application and for a term of five years from and after the date of issuance of the patent or grant.
Section 118 provides that, during the same protected period, such lands shall not become liable to satisfy any debt contracted prior to the expiration of the five-year period.
Section 118 allows that the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations.
Section 118 requires approval for alienation after the five-year prohibition period: no alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title is valid without the approval of the Secretary of Agriculture and Commerce.
Section 118 provides that the approval for such later conveyances shall not be denied except on constitutional and legal grounds.