Title
Public Land Act: Public Domain Laws
Law
Act No. 2874
Decision Date
Nov 29, 1919
The Public Land Act governs the acquisition and disposition of public lands in the Philippines, including the establishment of new towns, reservations for public and semi-public purposes, and the sale of lots through public auction.

Law Summary

Administration and Authority

  • The Director of Lands manages the survey, classification, lease, sale, concession, or disposition of public domain lands.
  • The Director’s factual decisions are conclusive when approved by the Secretary.
  • The Director, with Secretary’s approval, issues necessary forms, rules, and regulations.

Classification and Opening of Lands

  • The Governor-General classifies public lands into alienable/disposable, timber, and mineral lands.
  • Lands may be reclassified as necessary for governance and disposition.
  • Only lands officially delimited, classified, and surveyed (when practicable) and not reserved or appropriated are open for disposition.
  • Prior occupants with recognized rights are protected.
  • Open lands are further classified by purpose: agricultural; commercial/industrial; educational/charitable; town sites/public uses.

Definition of Alienation and Methods of Disposition

  • Terms "alienation," "disposition," and "concession" refer to all authorized methods of acquiring, leasing, using, or benefiting from public domain lands excluding timber or mineral lands.

Agricultural Lands: Concession Methods

  • Agricultural public lands may be acquired by homestead settlement, sale, lease, or confirmation of imperfect titles.
  • Legalization can be administrative (free patent) or judicial.

Homestead Provisions

  • Qualified Filipino and U.S. citizens over 18 or heads of families may claim homesteads up to 24 hectares.
  • Applicants pay entry fee and must occupy and cultivate the land within specific time frames.
  • Cultivation period ranges from 2 to 5 years before title issuance.
  • Final proof requires affidavit and evidence of continuous residence and cultivation.
  • Homestead transfers are allowed only with prior approval and under strict conditions.
  • Non-Christian natives may obtain permits for up to 10-hectare occupation in reservations, subject to cultivation and term limits.

Sale of Agricultural Lands

  • Qualified individuals and corporations may purchase agricultural land with specific area limits.
  • Applicants must comply with application and bidding procedures involving public notice and auctions.
  • Payment may be made in installments; land use and improvement conditions apply.
  • Unauthorized transfers result in cancellation and forfeiture.
  • Land ownership limits and surtaxes apply to prevent excessive holdings.

Lease of Agricultural Lands

  • Leasing is allowed to qualified individuals, corporations, and, with legislative approval, others.
  • Notices of intent must be publicized.
  • Lease rentals are a minimum percentage of land value with mandatory reappraisal every ten years.
  • Lease terms are up to 25 years with possible renewals.
  • Assignments or subleases require prior approval; unauthorized transfers void the lease.
  • Timber and mineral removal rights are reserved by the government.

Free Patents

  • Native Filipinos continuously occupying land since 1907 or earlier are entitled to free patents up to 24 hectares.
  • The Governor-General sets application periods by proclamation.
  • Patents are issued after verification and public notice to allow claims.

Judicial Confirmation of Titles

  • Persons with incomplete titles meeting statutory conditions may apply to the Court of First Instance for confirmation.
  • Applications must comply with procedural and evidentiary requirements under the Land Registration Act.
  • The Government, through the Attorney-General, may intervene to protect public interests.

Lands for Commercial and Industrial Use

  • Public lands suitable for commercial, industrial, or residential purposes (non-agricultural) are classified and disposed of under specific provisions.
  • Lands are classified into reclaimed lands, foreshore, marshy lands, and others.
  • Leases and sales are subject to reasonable area limitations and public interest considerations.
  • Leases require construction of permanent improvements, with conditions on rental, term, and rights reserved to the public and Government.
  • Sales require immediate improvement and cash payment.

Lands for Educational, Charitable, and Similar Uses

  • Provinces, municipalities, or government branches may acquire lands for educational, charitable, or similar purposes by donation, sale, lease, or exchange.
  • The lands must be used exclusively for the stated purposes.
  • Violations of use conditions lead to forfeiture and rescission.

Town Site Reservations

  • The government may survey and designate lands for town sites.
  • Subdivisions must accommodate commercial, industrial, and residential use.
  • Public uses and streets must be reserved.
  • Lot sales are by public auction with minimum bid values and ownership restrictions.
  • Revenues go to the Insular Treasury.

Public and Semi-Public Reservations

  • Military and other government reservations are designated by the Governor-General on Presidential or Secretary recommendation.
  • Non-Christian native reservations may be established with land allocations.
  • Agricultural colonies may be established with specific administrative regulations.
  • Reserved lands are non-alienable and not subject to disposition until declared otherwise.

Application Procedures and Requirements

  • Applications must be sworn and include detailed information including applicant’s qualifications, land description, and intended use.
  • False statements are grounds for cancellation of concessions or patents.
  • Investigations may be conducted by the Director of Lands with subpoena power.
  • Land grants are limited by beneficial use capability rather than application size.

Survey and Prior Occupants

  • Lands must conform to legal subdivision and be contiguous where possible.
  • Costs of surveys are borne by Government or applicants depending on circumstances.
  • Prior occupants must be notified and given opportunity to apply; failure results in loss of rights and forfeiture.

Rights, Limitations, and Public Servitudes

  • Lands granted remain subject to public servitudes such as littoral rights and roadway easements.
  • Minerals, timber, and other valuable substances are reserved to the Government and not included in land patents.
  • Water rights are subject to Government regulation and existing vested rights.
  • Powers over 50 horsepower in water streams have reserved Government rights and land exceptions.

Taxation and Financial Provisions

  • Lands and improvements (except homesteads) are subject to ordinary taxation.
  • Appraisals and reappraisals are conducted by the Director of Lands.
  • Payments due to the Government draw interest on delinquency; some relief may be granted for homesteaders.
  • Restrictions apply to encumbrance, alienation, and transfer of lands, with provisions for hereditary succession and treaty exceptions.

Penal Provisions

  • False applications or affidavits constitute perjury punishable under the law.
  • Malicious prevention of rightful land applications is coercion punishable by law.
  • Unauthorized sale or withholding of official forms carries fines and imprisonment.
  • Acquisition by fraud results in fines or imprisonment and cancellation of rights.

Effectiveness and Repeal

  • Invalidity of any provision does not affect the rest of the Act; prior laws remain effective until new legislation.
  • The Act supersedes inconsistent previous laws and takes effect as designated, no later than July 1, 1919.

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