Law Summary
Classification and Delimitation of Public Lands
- President classifies public lands as alienable/disposable, timber, or mineral lands.
- Lands can be transferred between classes.
- Only officially delimited, classified, surveyed lands (when possible) open for disposition.
- Exceptionally, President may open unsurveyed lands or suspend disposition.
- Alienable lands further classified by use: agricultural; residential/commercial/industrial; educational/charitable; town sites/public uses.
Definitions and Key Concepts
- "Alienation," "disposition," and "concession" refer to all authorized methods to acquire or use public lands (excluding timber and mineral lands).
Concessions of Agricultural Lands
- Agricultural public lands may be acquired only by homestead, sale, lease, or confirmation of imperfect titles (judicial or administrative).
Homestead Entry
- Qualified Filipino citizens/head of families without over 24 hectares may enter up to 24 hectares.
- Application approved by Director; possession given upon payment of entry fee.
- Timely cultivation and improvements required; at least one-fifth must be improved before patent.
- Continuous residence proof in vicinity of land required.
- Only one homestead per person, with provision for additional under 24 hectares if combined area within limits.
- Transfers allowed only with prior Director approval and bona fide purchaser.
- Non-Christian Filipinos may obtain permits for up to 4 hectares on designated reservations.
Sale of Agricultural Lands
- Filipino individuals, corporations with majority Filipino capital, and eligible partnerships may purchase with limits (144 hectares individual, 1,024 hectares corporations).
- Partnerships can purchase for members, capped at corporate max.
- Other persons/entities prohibited from owning agricultural public lands except hereditary succession.
- Sale requires appraisal and public notice.
- Preference given to actual occupants under conditions.
- Payment may be full or in up to ten annual installments.
- Cultivation or grazing conditions apply before patent issuance.
- Restrictions on alienation/encumbrances for ten years; violations annul titles and revert land to government.
Lease of Agricultural Lands
- Eligible citizens and qualified corporations may lease agricultural lands with area limits.
- Grazing lands lease up to 2,000 hectares.
- Lease terms up to 25 years, renewable once.
- Annual rental minimum set at 3% of appraisal (4% for reclaimed lands).
- Lessee must cultivate or graze minimum portion, construct improvements.
- Assignments/subleases require Secretary’s consent.
- Removal of timber, minerals, and other resources is restricted.
- Lessee may purchase leased lands subject to conditions.
Free Patents
- Natural-born Filipinos continuously occupying and cultivating agricultural lands (up to 24 hectares) since specified dates may apply for free patents.
- National cultural minorities with similar occupation rights also qualified.
- Filing periods set by Presidential proclamation.
- Applications must be verified before title issuance.
Judicial Confirmation of Imperfect Titles
- Persons with claims under former Spanish or other laws having occupation or incomplete title may apply for confirmation.
- Requirements include continuous occupation, bona fide claim, and statutory compliance.
- Process through Court of First Instance with Director of Lands and Solicitor-General involvement.
- Certificates of title issued upon court decree and payment if necessary.
Lands for Residential, Commercial, Industrial Purposes
- Lands not timber or mineral reserved for such uses are disposed under special provisions.
- Classified into reclaimed lands, foreshore, marshy lands, and others.
- Disposed by lease or sale to qualified persons/corporations within area limits.
- Special conditions apply to reclamation land leases and sales.
- Lease/sale notices, rental rates, terms, and improvement requirements are regulated.
Lands for Educational, Charitable Purposes
- Government entities may acquire public domain lands by donation, sale, lease, or exchange for designated purposes.
- Land area limited to 96 hectares.
- Conditions include prohibition of speculation and requirements usage according to granted purposes.
Town Site Reservations
- When creating towns, President may reserve land by proclamation.
- Survey by Bureau of Lands; subdivision into lots designated for residential, commercial, industrial, and public use.
- Lots sold at public auction with minimum bid limits.
- Restrictions on maximum lots sold to persons or entities.
Reservations for Public and Semi-public Purposes
- President may reserve lands for government, quasi-public use, or for non-Christian Filipinos.
- Reservations for highways, parks, irrigation, communal pastures, fishponds, villages, other public benefits.
- Non-Christian reservations have special allocations and protections.
- Agricultural colonies may be established and managed by government or under contract.
Application Procedures and Legal Requirements
- Applications must be sworn and contain detailed information about applicant qualifications, land description, and intended use.
- False statements or omissions annul concessions or patents.
- Director of Lands empowered to investigate and enforce compliance.
- Land areas granted shall correspond to beneficial use, less than maximum if justified.
- Lands must conform to legal subdivisions or be made rectangular.
- Costs of surveys charged appropriately depending on cases.
- Prior occupants are given opportunity to apply for land rights.
- Failure to apply or comply leads to loss of rights and forfeiture of improvements.
Transfer, Alienation, and Encumbrances
- Restrictions on transfer or lease to ensure area limits are not exceeded.
- Conveyances to unauthorized persons/entities are void and cause reversion to government.
- Alien lands acquisition may proceed only under existing treaties.
- Patents exclude rights to minerals and other specific resources.
- Easements for public utilities and waterways reserved.
Taxation, Appraisal, and Financial Provisions
- Lands under concession or disposal are subject to ordinary taxes.
- Appraisals and reappraisals conducted by Director of Lands with restrictions on increase.
- Interest on government debts fixed at 4% per annum after delinquency.
Penal Provisions
- False applications or affidavits punishable as perjury.
- Coercion against applicants or misconduct in forms distribution penalized.
- Unqualified land applications lead to fines, imprisonment, and cancellation.
- Fraudulent acquisition attempts punished with fines and imprisonment.
Final and Transitory Provisions
- Partial invalidity of sections does not affect rest of the Act.
- Repeals inconsistent laws and regulations.
- Effectivity specified with possible advance date by President.
- US citizens and corporations enjoy rights during Commonwealth before Republic establishment.
- US government may reserve lands for military use.
This summary encapsulates the key legal provisions, scope, procedures, penalties, and important concepts of the Public Land Act under Commonwealth Act No. 141 (1936).