Law Summary

Section 1: Homestead Application Limits

• Legal Principle: Individuals are limited to one homestead but may apply for additional ones under specific conditions.
• Key Definitions:
  • Homestead: A tract of land for personal cultivation.
• Requirements/Procedures:
  • A homesteader may apply for a second homestead if the first is less than 24 hectares and is fully occupied and cultivated.
  • The additional homestead must be in the same or adjacent municipality.
• Timeframes/Deadlines: No specific deadlines given for the application.
• Consequences: Compliance with original homestead conditions is mandatory for additional applications.

• One homestead allowed per person; additional applications permitted under conditions. • Total area of homesteads must not exceed 24 hectares.

Section 2: Non-Christian Natives’ Land Occupation

• Legal Principle: Non-Christian natives can occupy public land with a permit rather than a homestead application.
• Key Definitions:
  • Permit of Occupation: Authorization to occupy public land.
• Requirements/Procedures:
  • Maximum area of 16 hectares.
  • Cultivation must begin within six months of receiving the permit.
  • Permit duration: five years.
• Consequences: Failure to cultivate results in automatic permit cancellation.

• Permit fee: 5 pesos, payable in installments. • Right of priority for homestead application if the permit holder wishes to apply.

Section 3: Eligibility for Purchasing Public Agricultural Land

• Legal Principle: Specifies who may purchase agricultural land and under what conditions.
• Key Definitions:
  • Citizen: A person of lawful age from the Philippines or the United States.
  • Corporation: At least 61% of capital must be owned by eligible citizens.
• Requirements/Procedures:
  • Individuals can purchase up to 144 hectares; corporations up to 1,024 hectares.
  • Partnerships have limitations based on membership but cannot exceed corporate maximums.
• Consequences: Purchases by citizens of certain countries allowed under reciprocal agreements.

• Partnerships may purchase land based on membership, not exceeding corporate limits. • Legal authorization required for foreign purchases.

Section 4: Land Sale Appraisal and Announcement

• Legal Principle: Outlines the procedure for land sale announcements.
• Key Definitions:
  • Appraisal: Process of determining the land value.
• Requirements/Procedures:
  • Sale announcements must be published for six weeks in the Official Gazette and local newspapers.
  • Notices in English and Spanish/local dialect.
• Timeframes/Deadlines: Notices must fix a date at least 60 days after the announcement.

• Omission of publication is permitted for land valued below 240 pesos. • Public auction process detailed.

Section 5: Bidding Process for Land Sale

• Legal Principle: Establishes requirements for submitting bids.
• Key Definitions:
  • Bid: A proposal to purchase land.
• Requirements/Procedures:
  • Bids must be sealed with a deposit of 10% of the bid amount.
  • No bids below the appraised value are considered.
• Consequences: Bids not meeting conditions are disqualified.

• Bids addressed to the Director of Lands; must include deposit. • Winning bid awarded to the highest bidder, with conditions for equal bids.

Section 6: Awarding Land After Bidding

• Legal Principle: Governs how land is awarded after bid opening.
• Requirements/Procedures:
  • Highest bid awarded unless the applicant matches an equal higher bid.
• Consequences: The Director of Lands can delegate powers for bids below 24 hectares.

• Bidders have an option to raise bids to equal the highest. • Final acceptance contingent upon deposit payment.

Section 7: Payment Terms for Land Purchase

• Legal Principle: Specifies payment terms for land purchases.
• Requirements/Procedures:
  • Balance due can be paid in full or in up to ten annual installments.
• Consequences: At least one-third of the land must be cultivated within five years.

• Immediate payment required after bid acceptance. • Cultivation condition essential for the sale.

Section 8: Lease Announcement Procedure

• Legal Principle: Details the process for announcing leases of public land.
• Requirements/Procedures:
  • Publication requirements similar to land sales.
  • Bids must include rental for the first three months.
• Consequences: Bids below 3% of land value are disqualified.

• Lease bids must be sealed and addressed to the Director of Lands. • Winning lease awarded similarly to land sales.

Section 9: Lease Duration and Conditions

• Legal Principle: Governs the duration and conditions of land leases.
• Requirements/Procedures:
  • Leases run for up to 25 years, renewable under conditions.
• Consequences: Lessee must cultivate one-third of the land within five years.

• Assignment or subletting requires Secretary's consent. • Violation results in contract termination.

Section 10: Sale or Lease of Public Lands

• Legal Principle: Specifies the conditions for selling or leasing public lands.
• Requirements/Procedures:
  • Area must be deemed necessary by the Secretary.
  • Sales to government entities have special conditions.
• Consequences: Disqualifications apply for certain purchasers.

• Sale or lease must align with public interest purposes. • Conditions for industrial or residential purposes outlined.

Section 11: Reclaimed Lands Procedures

• Legal Principle: Governs the sale or lease of reclaimed lands.
• Requirements/Procedures:
  • Reclaimed lands must be surveyed and advertised for leasing.
• Consequences: Government retains rights to future dealings.

• Public advertisement of available lots required. • Conditions for leasing or selling specified.

Section 12: Disposition of Suitable Lots

• Legal Principle: Outlines the process for leasing or selling lots deemed suitable.
• Requirements/Procedures:
  • Requires public advertisement for lease or sale.
• Consequences: Authority is contingent upon suitability for intended use.

• Applications must demonstrate suitability for requested purposes. • Public notices required before disposition.

Section 13: Conditions for Class D Land Purchases

• Legal Principle: Establishes conditions for purchasing lands in Class D.
• Requirements/Procedures:
  • Permanent improvements must be initiated within six months.
• Consequences: Non-compliance may lead to contract rescission.

• Payment options include cash or installment plans. • Additional conditions may be specified in the contract.

Section 14: Land for Public Institutions

• Legal Principle: Conditions for leasing or selling land for public institutions.
• Requirements/Procedures:
  • Areas must be necessary for institutional purposes, not exceeding 96 hectares.
• Consequences: Violations lead to contract rescission.

• Secretary may waive cultivation requirements. • Sales or leases must align with intended use.

Section 15: Establishment of New Towns

• Legal Principle: Authority to survey and establish new towns.
• Requirements/Procedures:
  • Secretary directs surveys for new town sites.
• Consequences: Recommendations submitted to the Secretary for approval.

• Public interest considerations guide town establishment.

Section 16: Land Reservations by Proclamation

• Legal Principle: Authority to designate public land for government use.
• Requirements/Procedures:
  • Proclamation by the Governor-General based on Secretary’s recommendation.
• Consequences: Reservations for public benefit are established.

• Land reservations include various public utilities and projects.

Section 17: Taxation on Granted Lands

• Legal Principle: Tax obligations for granted lands.
• Requirements/Procedures:
  • Taxes apply from the year following approval.
• Consequences: Grantees are responsible for tax payments.

• Ordinary taxes apply even while title remains with the government.

Section 18: Interest on Government Dues

• Legal Principle: Interest accrual on sums due to the government.
• Requirements/Procedures:
  • Interest at 4% per annum on delinquent amounts.
• Consequences: Interest may be remitted under certain conditions.

• Delinquency without fault may lead to interest waiver.

Section 19: Severability Clause

• Legal Principle: Provision for the invalidation of sections.
• Consequences: Remaining sections remain effective despite any invalidation.

• Previous laws govern in the absence of effective provisions.

Section 20: Effectivity of the Act

• Legal Principle: The Act takes effect upon presidential proclamation.
• Requirements/Procedures:
  • Proclamation necessary for the law's enforcement.
• Consequences: The Act becomes effective as stipulated.

• Approval by the President of the United States required for effectivity.

Key Takeaways

• The Act amends several sections of the Public Land Act, affecting homestead applications, land purchases, leasing procedures, and taxation.
• It establishes specific criteria for eligibility to purchase land, details on bidding processes, and conditions for leases and sales.
• The amendments ensure the cultivation of land and compliance with governmental regulations while providing a framework for land management and public interest considerations.