Law Summary
Authority to Lease and Sell Acquired Lands
- Government empowered to lease lands for up to three years and sell under prescribed terms.
- Deferred payments must be made in currency used for bond repayments, bearing the same interest rate as bonds issued for the purchase.
- Revenues from sales or leases constitute a trust and sinking fund for bond repayment.
- Actual settlers and occupants at the time of land acquisition have preference rights to lease or purchase holdings within a reasonable period.
Nature of the Friar Lands
- Not classified as public lands under the Public Land Act No. 926, hence cannot be acquired or leased under its provisions.
- Requires separate administrative mechanisms to fulfill contractual and statutory obligations concerning administration, leasing, and selling.
Examination and Survey Procedures
- The Civil Governor is tasked to commission comprehensive title examination by the law firm Del Pan, Ortigas and Fisher.
- The Consulting Engineer must conduct precise land surveys to verify land quantities.
- Reports from these examinations and surveys are submitted to the Civil Governor for further action.
Title Transfer and Payment Procedures
- Once title examinations and surveys confirm valid titles and land quantities, the Civil Governor directs payment to the sellers.
- Payments are issued through government warrants funded by bond sales.
Custody and Registration of Title Documents
- The Bureau of Public Lands assumes control and safekeeping of all contracts, deeds, and related documents.
- Such instruments are registered with the respective registers of deeds in each province where the lands situate.
Settler and Occupant Rights and Responsibilities
- Bureau must identify bona fide settlers and occupants, documenting holdings and their desire to lease or purchase.
- Occupants declining purchase but wishing to lease may enter leases with reasonable rentals, not exceeding three years.
- Vacant lands are to be taken possession of by the Bureau and may be leased or sold.
Handling of Holders Who Decline to Lease or Purchase
- If occupants refuse both lease and purchase, the Bureau initiates legal possession proceedings with the Court of Land Registration.
- The Bureau has authority to sell properties except main hacienda houses and significant buildings, requiring Commission resolution.
Purchase Terms for Actual Settlers
- Settlers may purchase their holdings at government cost with up to ten years to pay in equal annual installments.
- Deferred payments accrue interest at 4% per annum.
Valuation and Certification
- The Bureau determines the value of each holding considering location, quality, and other factors.
- Certificates specifying terms of sale and payment are issued to occupants.
- Acceptance of certificates legally binds purchasers to the terms including installment payments and interest.
Payment Collection and Title Retention
- The Bureau collects rents, purchase installments, and interest, with proper receipts and records.
- Government retains title until full payment, invalidating any sale or encumbrance by purchaser before that.
Succession and Assignment of Certificates
- If a certificate holder dies before deed execution, widow or heirs may complete purchase and receive deed.
- Certificate holders may assign rights through transfer recorded with the Bureau.
Enforcement on Delinquent Payments
- Failure to pay rent or installments allows the Bureau to declare lease forfeited or enforce payment via lawsuits.
- Government can foreclose liens on the land, with purchaser at such sales acquiring good title.
- Surplus proceeds after debts and costs are returned to the original purchaser.
Approval and Public Servitudes
- All leases and sales under this Act require Secretary of the Interior approval.
- Purchasers acquire no exclusive rights to irrigation works or water supply which remain government-controlled.
- Lands subject to public servitudes similar to those under former Spanish sovereignty, including littoral and riparian rights.
Reservation and Reporting
- The Civil Governor may reserve any tract for public use, rendering it non-alienable under this Act.
- The Bureau must submit quarterly reports detailing leases, sales, revenues, and other relevant information to the Commission.
Trust Fund and Sinking Fund Management
- Funds from land disposition are deposited separately as a trust fund for bond principal and interest payment.
- The fund serves as a sinking fund and may be reinvested in safe securities, with oversight from the Secretary of Finance and Justice.
Administrative Powers and Appropriations
- The Bureau of Public Lands is authorized to issue necessary implementing regulations and forms.
- Ten thousand pesos appropriated for special counsel’s salary, investigations, surveys, and administrative expenses.
Effective Date and Short Title
- The Act takes effect upon passage.
- It is officially short-titled "The Friar Lands Act."