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.