Public Land Act: Public Domain Laws

Classification, delimitation, and opening lands

Section 6 empowers the Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources, to classify lands of the public domain into (a) Alienable or disposable, (b) Timber, and (c) Mineral lands, and to transfer them between classes for government and disposition purposes.
Section 7 requires the Governor-General, upon recommendation, to declare which alienable or disposable public lands are open to disposition or concession.
Section 8 provides that only lands that are officially delimited and classified, and when practicable surveyed, and that are not reserved, not appropriated, not private property, and not subject to valid private claims under the Act or any valid law, are open to disposition.
Section 8 allows the Governor-General, for reasons of public interest, to:
- declare lands open to disposition before boundaries are established or surveyed; or
- suspend concession/disposition until the lands are again declared open by proclamation duly published or by Act of the Legislature.
Section 9 classifies alienable or open public lands by destined use into:
- (a) Agricultural; (b) Commercial, industrial, or similar productive purposes; (c) Educational, charitable, and other similar purposes; (d) Reservations for town sites and public and quasi-public uses.
Section 9 allows the Governor-General, upon recommendation, to transfer lands between these classifications.

Definitions of alienation and concession

Section 10 defines “alienation,” “disposition,” or “concession” to mean any method authorized by the Act for acquisition, lease, use, or benefit of lands of the public domain other than timber or mineral lands.

Agricultural lands: permitted modes

Section 11 provides that public lands suitable for agricultural purposes may be disposed of only by:
- (1) Homestead settlement; (2) Sale; (3) Lease; (4) Confirmation of imperfect or incomplete titles by:
  - (a) Administrative legalization (free patent); and
  - (b) Judicial legalization.
Section 11 prohibits disposition of agricultural public lands by any other method than those enumerated.

Homesteads: eligibility, size, entry, and cultivation

Section 12 allows a citizen of the Philippines or the United States over 18 years, or the head of a family, who does not own more than twenty-four hectares in the Philippines, or has not received gratuitous allotment exceeding twenty-four hectares since U.S. occupation, to enter a homestead of not exceeding twenty-four hectares of agricultural public land.
Section 13 requires the homestead entry to be approved upon filing application, and once approved the applicant is authorized to take possession upon payment of an entry fee of ten pesos, Philippine currency.
Section 13 requires the homestead worker to begin to work within six months from the date of approval, otherwise the applicant loses prior right.
Section 14 prohibits issuance of any certificate or patent until the land is improved and cultivated.
Section 14 requires cultivation for a period of not less than two nor more than five years from approval, and requires notification to the Director of Lands when ready to acquire title.
Section 14 provides that, upon proof to the Director’s satisfaction by affidavits of two credible witnesses of continuous residence (municipality or adjacent) and continuous cultivation since approval, the applicant (after payment of ten pesos) becomes entitled to a patent:
- if the notice proof is given at the time of notice or at any time within the two years next following the expiration of the cultivation period; and
- with affidavits that no part of the land was alienated or encumbered and that all requirements were complied with.

Homesteads: installment payments and cancellation

Section 15 allows, at the applicant’s option, required fees in this chapter to be paid in annual installments via the municipal treasurer, which forwards to the provincial treasurer.
Section 15 provides that upon delinquency, the Director of Lands may, sixty days after delinquency, cancel the application twenty days for the payment of the sum due.
Section 16 allows cancellation if, before the end of the lawful period for final proof, it is proved to the Director’s satisfaction (after due notice to the homesteader) that:
- the land is not subject to homestead entry;
- the homesteader changed residence;
- the homesteader voluntarily abandoned the land for more than six months at any one time during the years of residence and occupation required; or
- the homesteader otherwise failed to comply with this Act.

Homesteads: public notice and proof process

Section 17 requires public notice before final proof: the notice must state the homesteader’s name and address, the land description with boundaries and area, the witnesses’ names, and the time and place, including the officer before whom proof will be made.
Section 18 provides that if the homesteader suffers mental alienation or is incapacitated to exercise rights personally, the person legally representing the homesteader may offer and submit the final proof.

Limits on homesteads and transfers

Section 19 prohibits more than one homestead for any person; it allows an additional homestead on an adjacent tract if:
- the first homestead holder has made final proof,
- is occupying and cultivating the land applied for, and
- the area of the first homestead is less than twenty-four hectares,
- with the total of both parcels not exceeding twenty-four hectares, and compliance with original homestead conditions.
Section 20 provides that cancellation of a homestead entry not due to the applicant’s fault does not bar applying for another homestead.
Section 21 allows transfer of homestead rights and improvements before the patent is issued when the Director is satisfied the applicant:
- cannot continue through no fault of his own;
- has a bona fide purchaser for rights and improvements;
- and the conveyance is not for speculation,
- with the purchaser having a homestead application approved by the Secretary of Agriculture and Natural Resources.
Section 21 states that transfers without the Secretary’s previous approval are null and void, resulting in cancellation of the entry and refusal of the patent.
Section 21 provides that a person who transferred rights may apply once again for a new homestead.

Occupation permits for non-Christian natives

Section 22 allows any non-Christian native desiring to live on reservation lands set aside for “non-Christian tribes” to request a permit of occupation for a tract of public domain open to homestead entry under the Act, not exceeding ten hectares, without applying for a homestead.
Section 22 requires the permit applicant to cultivate and improve the land.
Section 22 provides that if cultivation is not begun within six months from permit grant, the permit is ipso facto canceled.
Section 22 provides that the permit term is five years and allows priority for homestead application at expiration or earlier if the permit holder applies for a homestead, including the permit portion; otherwise, the land becomes open to disposition at expiration.
Section 22 requires payment of five pesos for each permit, payable in annual installments.

Sale of agricultural public lands

Section 23 authorizes a citizen of lawful age of the Philippines or the United States, and qualifying corporations/associations (with at least sixty-one per centum of capital belonging wholly to such citizens and properly organized/authorized), to purchase agricultural public lands not exceeding:
- one hundred hectares for an individual; and
- one thousand and twenty-four hectares for a corporation or association.
Section 23 provides that partnerships may purchase not more than one hundred hectares for each member, but total partnership purchases must not exceed one thousand and twenty-four hectares.
Section 23 permits citizens of countries granting reciprocal rights to Philippine citizens to purchase, while their reciprocal laws are in force but not thereafter, only with express authorization of the Legislature, and limited to not in excess of one hundred hectares per parcel.
Section 24 prohibits acquisition or ownership of agricultural public land (and other-classified public lands not used for industrial or residence purposes), or permanent improvements, or real rights on such land, by any persons/corporations/associations/partnerships other than those allowed in Section 23.
Section 24 allows persons/entities holding at the time the Act took effect certain agricultural lands (not used for industrial or residence purposes) originally or presumptively public domain and acquired under then-existing laws/regulations to continue holding them as if qualified under Section 23, but prohibits encumbrance, conveyance, or alienation to non-Section 23 qualified persons except through hereditary succession duly legalized and acknowledged by competent courts.
Section 25 requires appraisals under Section 114 (as cross-referenced) and requires announcement of sale by:
- publishing notice once a week for six consecutive weeks in the Official Gazette and in two newspapers (one in Manila and one in the municipality/province of the land or a neighboring province),
- posting the notice on the Bureau of Lands bulletin board in Manila and on the most conspicuous place of the provincial and municipal buildings where the land lies, and if practicable, on the land itself,
- with notices published one in English and the other in Spanish, and fixing an award date not earlier than ten days after the last Official Gazette publication.
Section 26 requires bids to be sealed and addressed to the Director of Lands and to include cash/certified check/post-office money order payable to the Director for twenty-five per centum of the bid amount, retained if the bid is accepted as part payment of the purchase price; no bid may be considered if less than the appraised value.
Section 27 provides that the land is awarded to the highest bidder; in tie situations where multiple higher equal bids exist, the applicant’s bid is accepted if it is one of the equal and higher bids, and otherwise the Director submits for public bidding to the highest bidder.
Section 27 gives the applicant the option to raise the bid to equal the highest bidder’s bid; if exercised, the land is awarded to the applicant.
Section 27 provides that bids received at public auction are not finally accepted until the bidder deposits twenty-five per centum as required in Section 26.
Section 28 requires payment of the purchase price either:
- in full upon award, or
- in five annual installments from the date of award.
Section 29 provides that after at least the second installment and after cultivation begins, a purchaser may, with the approval of the Secretary of Agriculture and Natural Resources, convey or encumber rights to a qualified purchaser, provided Government rights/interest are unaffected.
Section 29 states that conveyance/encumbrance without the Secretary’s prior approval is null and void, annuls acquisition, reverts the property and all rights to the Government, and forfeits all payments made to the Government.
Section 30 requires actual occupancy, cultivation, and improvement until final payment before any patent is issued.
Section 31 provides that if, after award and before patent issuance, it is proved to the Director’s satisfaction (after due notice) that the purchaser voluntarily abandoned the land for more than one year at any one time or otherwise failed to comply, the land reverts to Government and all prior purchase payments are forfeited.
Section 32 prohibits acquisition so that land added to existing holdings exceeds authorized maximum area; any excess and all related rights revert to Government, while allowing real-estate loan recovery purchases and requiring disposal within five years after excess occurs, with a surtax on undisposed excess:
- first year: additional fifty per centum to the ordinary tax,
- each succeeding year: add fifty per centum to the last preceding annual tax rate until disposed.
Section 32 requires the excess land owner to determine which portion is segregated.
Section 32 allows the Secretary of Agriculture and Natural Resources, upon request, to have the Attorney-General institute court proceedings to determine and segregate excess and dispose of it in the exclusive interest of Government.
Section 33 authorizes only one purchase of maximum amount under the chapter by the same person/entity and prohibits purchasing any other agricultural public lands under the chapter if any member received benefits as an individual or member in any other corporation/association in the relevant prior chapters.
Section 33 allows additional purchases adjacent or not distant after last payment and cultivation if:
- the first purchase area is less than the Act’s maximum,
- the combined area does not exceed the maximum established in this chapter,
- and all conditions for first purchase are complied with for the additional purchase.

Lease of agricultural public lands

Section 34 authorizes citizens of lawful age and qualifying corporations/associations (with at least sixty-one per centum capital belonging wholly to such citizens and properly organized/authorized) to lease agricultural public land not exceeding a total of one thousand and twenty-four hectares.
Section 34 allows reciprocal-foreign leasing under reciprocal laws while in force but not thereafter, only with express authorization of the Legislature, and limited to one thousand and twenty-four hectares.
Section 34 forbids leases that interfere with prior claims by settlement or occupation until consent is obtained or until the claim is legally extinguished.
Section 34 prohibits leasing unless the land is reasonably necessary to carry on the lessee’s business (for individuals) or the business for which a corporation/association was lawfully created and may pursue in the Philippines.
Section 34 allows corporations/associations not meeting all prior requirements to lease only with express authorization of the Legislature, capped at one thousand and twenty-four hectares.
Section 35 requires all lease applicants to give notice by publication in the Official Gazette and such other means as the Secretary of Agriculture and Natural Resources requires, describing the land sought and stating the date when the application will be presented.
Section 36 sets annual rental at not less than three per centum of value based on appraisal/reappraisal under Section 114.
Section 36 requires every lease contract to include reappraisal every ten years if the lease term exceeds ten years; if the lessee rejects reappraisal, the lessee must notify the Director within the six months next preceding reappraisal effect, and the Director may proceed under Section 93 if approved.
Section 36 requires rent to be paid yearly in advance, accruing from approval date of the lease, with the first payment in the Bureau of Lands on the approval date of the application.
Section 37 provides that leases run for not more than twenty-five years, renewable for another period not to exceed twenty-five years, and allows further renewal up to another twenty-five years if improvements justify renewal at the Secretary’s discretion.
Section 37 makes the lease inherently conditional that the lessee shall not assign, encumber, or sublet rights without the Secretary’s consent; violation avoids the contract.
Section 37 limits assignments/encumbrances/subletting to persons/entities authorized to lease under this Act unless general or special legislation otherwise provides.
Section 38 prohibits lease rights from removing or disposing valuable timber except as provided in Forestry Bureau regulations for cutting timber on such lands.
Section 38 prohibits removal or disposal of stone, oil, coal, salts, or other minerals or medicinal mineral waters; it allows cancellation by the Secretary after notice when the mineral part is more valuable for minerals than agriculture.
Section 38 provides forfeiture of the lessee’s last payment of rent, immediate dispossession, and suit for damage for waste or forestry regulation violations.
Section 39 allows a compliant lessee (after two or more rent payments and improved land) to lease additional adjacent agricultural public land so that combined area does not exceed the chapter’s maximum.
Section 40 allows purchase of leased land during the lease life if the lessee has complied and qualifies under Section 23, subject to chapter on sale restrictions.

Free patents: eligibility and filing periods

Section 41 grants natives of the Philippines who since July fourth hundred and seven, or prior thereto, have continuously occupied and cultivated agricultural land subject to disposition a free patent for up to twenty-four hectares.
Section 42 empowers the Governor-General, upon recommendation, to fix by proclamation the period for filing applications for free patents in specified districts/provinces/municipalities/regions.
Section 42 provides that after the proclaimed period (and unless extended), land within the specified areas may be disposed of as agricultural public land without prejudice to prior occupant/cultivator’s right to acquire under other means of the Act.
Section 42 fixes the ultimate nationwide cut-off for filing applications at December thirty-first, nineteen hundred and twenty-eight.
Section 42 requires each district/province/municipality filing period to begin thirty days after publication of the proclamation in the Official Gazette, with certified copies furnished to the Director of Lands and local boards, and posted in specified locations, and announced by crier in each barrio.
Section 43 provides that the Director of Lands, after investigation and satisfaction of the application’s allegations, shall cause a patent to issue (or to the applicant’s legal successor) for occupied/cultivated land not exceeding twenty-four hectares.
Section 43 prohibits final action on an application until notice is published in the municipality and barrio where land is located and adverse claimants have opportunity to present claims.

Judicial confirmation of incomplete titles

Section 44 grants persons covered by the next section time not to extend beyond December thirty-first, nineteen and twenty-eight to take advantage of this chapter’s benefits, while aligning Governor-General proclaimed periods under Section 42.
Section 45 authorizes specified citizens of the Philippines and United States to apply to the Court of First Instance for confirmation of claims and issuance of a certificate of title under the Land Registration Act.
Section 45(a) covers those who prior to transfer of sovereignty from Spain to the United States applied for purchase, composition, or other public domain grants under Spanish laws and prosecuted their proceedings, and occupied/cultivated continuously since filing, despite non-receipt of title for various reasons.
Section 45(b) covers those in open, continuous, exclusive, notorious possession and occupation of agricultural public domain lands under a bona fide claim of acquisition of ownership (except as against Government) since July twenty-sixth, eighteen hundred and ninety-four, with exceptions when prevented by war or force majeure, and provides that they are conclusively presumed to have performed essential conditions and are entitled to a certificate of title.
Section 46 limits applications to claimants possessing the qualifications specified in Section 45.
Section 47 requires every claimant (or legal representative/successor) to file an application in the proper Court of First Instance praying that validity be inquired into and that a certificate of title be issued under the Land Registration Act.
Section 47 requires the application to conform materially to Land Registration Act registration allegations and attach a plan and all documents evidencing a right; it must state citizenship, fully describe the claim, and when based on Spanish proceedings, specify exact application dates/forms, compliance details, and reasons for noncompliance, plus time of occupation, use of land, and nature of enclosure.
Section 47 requires Land Registration Act registration fees to be collected from applicants under this chapter.
Section 48 provides that hearings proceed as in Land Registration Act applications, but requires immediate forwarding of notice and plan to the Director of Lands, who may appear as a party.
Section 48 requires papers to be transmitted by the clerk to the Attorney-General (or officer acting) before publication for hearing, and permits the Attorney-General to investigate; it requires return of the papers to the clerk within three months.
Section 48 states that the final court decree is the basis for the original certificate of title under Section 41 of the Land Registration Act.
Section 49 allows, in cadastral proceedings, filing an answer or claim instead of an application with the same effect.
Section 50 authorizes the Director of Lands, whenever the Governor-General deems it required in the public interest, to petition the Court of First Instance through the Attorney-General/acting officer to discuss title or question boundaries/right of occupancy of holders/claimants/possessors/occupants who did not voluntarily come in.
Section 50 requires the judicial proceedings to follow cadastral adjudication laws.
Section 51 requires courts finding conflicting interests to adjudicate and decree in favor of entitled persons according to laws; if none is entitled or qualified, it decrees in favor of Government.
Section 52 provides a payment condition where earlier incomplete/imperfect claims initiated prior to transfer of sovereignty would not have been gratuitous if prosecuted to completion under the laws then prevailing; it requires the court to determine the amount to be paid as a condition for registration and certifies judgment for collection.
Section 52 requires that after payment to the Director, the Director certifies to the Court and the court orders registration; failure to pay within a reasonable time fixed results in dismissal and title becomes Government property free from applicant claims.
Section 53 requires certification by the clerk to the Director of Lands after judgments/decrees become final, including certified copies, plan, and technical descriptions.
Section 54 prohibits acquisition of any title to, right, or equity in public domain lands by prescription, adverse possession, or occupancy, or under or by virtue of pre-American occupation laws, except as expressly provided by laws enacted after U.S. occupation.

Commercial/industrial and productive lands

Section 55 requires that tracts of public domain land neither timber nor mineral and classified as suitable for residential purposes or commercial, industrial, or other productive purposes other than agricultural purposes be disposed of under this title’s chapter and not otherwise.
Section 56 classifies disposables under this title into:
- (a) Lands reclaimed by Government by dredging, filling, or other means;
- (b) Foreshore;
- (c) Marshy lands or lands covered with water bordering upon shores or banks of navigable lakes or rivers;
- (d) Lands not in the foregoing classes.
Section 57 limits disposition to leases or sales to persons/entities authorized for agricultural public land purchase or lease, subject to a cap that in no case exceeds ten hectares for leased/sold areas, unless granted to provinces/municipalities/government branches for public purposes.
Section 57 provides that grants/donations/transfers to provinces/municipalities/government branches cannot be alienated, encumbered, or disposed of in a manner affecting title except when authorized by the Legislature.
Section 57 allows persons disqualified from purchasing agricultural public land to purchase or lease lands under this title suitable for industrial or residence purposes, but provides validity only while used for the specified purposes.
Section 58 requires that lands in Section 56(a), (b), and (c) be disposed of to private parties by lease only, and not otherwise, once the Governor-General declares they are not necessary for public service and are open to disposition under this chapter.
Section 58 allows class Section 56(d) lands to be disposed of by sale or lease under the Act.
Section 59 directs that reclaimed lands be surveyed and may be divided into lots and blocks with streets and alleyways; it requires public notice that blocks/lots not needed for public purposes shall be leased for commercial/industrial purposes.
Section 60 requires the Secretary, upon receiving applications, to decide suitability and non-need for public purposes, and then to give notice by public advertisement of applications and that Government will lease or sell, subject to chapter conditions.
Section 61 requires leases to include conditions including:
- rental not less than three per centum of appraised/reappraised value, except foreshore, marshes, and lands covered with water where rental is not less than one per centum of appraised/reappraised value of improvements;
- reappraisal every ten years if lease term exceeds that period;
- lease term as in Section 37;
- construction of permanent improvements and commencement within six months from contract execution;
- improvements become property of Government at expiration/extension;
- tariff/fee regulations and annual submission to Government for approval;
- continuation of easements of coast police and other reserved easements;
- subject to easements and rights acquired by owners of bordering lands.
Section 61 provides that violation of any contract condition gives rise to rescission, while allowing rescission avoidance/extension on conditions if the Secretary waives or extends construction commencement/completion upon recommendation involving the Secretary of Commerce and Communications.
Section 62 provides that sales of Section 56(d) lands must include conditions requiring permanent improvements begun within six months, and payment of purchase price cash down, with additional conditions allowed if not inconsistent.
Section 63 requires plans for improvements to be approved by the Secretary of Commerce and Communications if supervision by the Bureau of Public Works would be required if Government executed the improvements.
Section 64 requires lease/sale adjudication to the highest bidder; if no bidder besides applicant exists, it is adjudicated to the applicant, applying Section 27 where applicable, and requiring Director announcements for any unsold lots.
Section 65 authorizes permission for private use of portions of foreshore or marshy lands upon payment of a reasonable charge, subject to revocation by the Secretary when public interest requires.

Educational and charitable public land concessions

Section 66 authorizes the Governor-General, upon recommendation, to execute contracts in favor of provinces, municipalities, or other government branches needing public domain portions for **educational, charitable, or other