Authority under Section 9 (vacant lands)
- Section 9 directs the Director of Lands to take possession and charge vacant lands that are found to be unoccupied.
- The Director of Lands may either lease unoccupied lands for a term not exceeding three years or offer them for sale.
- In choosing between leasing or sale, the Director of Lands acts according to his judgment and the best interests of the Government.
- Sales of unoccupied lands proceed as provided in Section 11 of Act No. 1120.
Purchase right for actual settlers (Section 11)
- Section 11 grants a purchase entitlement to any person who is the actual and bona fide settler and occupant of any portion of the lands at the time the same is conveyed to the Government of the Philippine Islands.
- The entitled occupant may purchase the land occupied by him at the actual cost to the Government.
- The purchase price may be paid through equal annual or semiannual installments.
- Installment payments are conditioned so that the entire amount of the purchase price plus interest accrued is paid at least one year before the maturity of the “friar lands bonds” issued under Act No. 1034, specifically on or before February 1, 1933.
- The purchase terms are agreed upon between the purchaser and the Director of Lands, and those terms are subject to the approval of the Secretary of the Interior.
- All deferred payments on the purchase price bear interest at the rate of four per centum per annum.
Sale process for vacant lands via notice and publication
- For vacant lands sold under Section 9, the Director of Lands must notify the municipal president or municipal presidents of the municipality or municipalities where the lands lie before the sale takes place.
- Upon receipt of the notification, the municipal president or municipal presidents must publish the sale for three consecutive days using bandillos in the poblacion and the barrio or barrios affected.
- The municipal president or municipal presidents must certify the acts of notification and publication to the Director of Lands.
- The Director of Lands must proceed to make the sale only after receiving the required certification—not before.
- Vacant-land sales must be made with preference, other conditions being equal, to the purchaser who has been a tenant or bona fide occupant at any time on the lands or part thereof.
- If there has been more than one occupant, the preference is accorded to the last tenant or occupant.
Validity requirement for vacant-land sales
- Section 11 provides that no sale of vacant lands made under this section is valid or has any effect unless the requisite publication by bandillos—for three consecutive days in the poblacion and the affected barrio or barrios—is complied with.