Law Summary
Application Procedure for Homesteading
- Applicants must file a sworn application to the local land officer or the Chief of the Bureau of Public Lands.
- The application must declare qualifications, residence, exclusive use, non-mineral land status, and precise land description.
- Chief of the Bureau of Public Lands verifies land eligibility through inquiry.
- Upon affirmative determination and payment of ten pesos, entry to the land is permitted.
Requirements for Issuance of Patent for Homestead
- Patent issuance is deferred until after five years from application.
- Proof of residence, cultivation, non-alienation, and allegiance to the U.S. and Philippine Governments is required.
- Widow or heirs may succeed to the patent upon the original applicant's death if conditions are met.
Protection from Prior Debts
- Lands under homestead entry are exempt from satisfaction of debts contracted before patent issuance.
Cancellation of Homestead Entries
- The Chief of the Bureau of Public Lands may cancel entries for non-eligibility, voluntary abandonment, or failure to comply with requirements.
- Cancellation is subject to appeal to the Secretary of the Interior.
Limitations and Public Notice for Homestead
- Only one homestead entry per person is allowed.
- Notice of intention for final proof must be given to the public.
- Affidavits of contest may challenge entries for occupation, qualification, or compliance issues.
- The Bureau may initiate complaints for cancellation on such grounds.
Survey and Patenting of Homesteads
- No patent issued without survey and accurate plat by Bureau of Public Lands.
- Government bears cost of surveys.
Eligibility and Acquisition of Public Lands by Sale
- Eligible purchasers include citizens of the Philippines, the U.S., or authorized corporations.
- Individual purchase limited to 16 hectares; corporations up to 1,024 hectares.
- Purchase must comprise contiguous surveyed legal subdivisions or conform to prescribed square tracts.
- Restrictions prevent control of adjacent lands or valuable public resources.
Application and Approval for Land Purchases
- Applications under oath must include citizenship, location, land characteristics, and ownership evidence for corporations.
- Chief of Bureau of Public Lands examines applications, obtains agricultural valuation from Bureau of Forestry, and reports to Secretary of Interior.
- Land is appraised, advertised publicly, including posting on land.
Bidding and Awarding of Land Sales
- Bids are sealed, accompanied by 25% deposit of bid amount.
- Land awarded to highest bidder; provisions favor applicant in case of tied bids.
- The Chief of the Bureau of Public Lands, with Secretary's approval, may reject bids.
Payment Terms and Issuance of Patents
- Balance of purchase price may be paid in full, equal annual installments, or a single installment after five years.
- Unpaid balances bear 6% interest.
- Patents issued only after survey, five-year occupancy, cultivation, and improvement requirements.
Abandonment and Reversion of Sold Lands
- Land reverts to government if purchaser abandons land for over one year or fails legal requirements.
- Prior payments are forfeited.
Purchase Limitations and Succession on Death
- Only one maximum amount land purchase per person or corporation.
- Upon death of individual purchaser, lawful distributees may succeed by completing requirements.
Occupied Lands and Preference Rights
- Persons currently occupying land and qualified for homestead or free patent rights receive 120 days preference to apply for claim.
Leasing of Public Domain
- Same eligibility as purchase.
- Lease of lands up to 1,024 hectares; must not interfere with prior claims without consent.
- Leases must be in contiguous legal subdivisions, preferably in square tracts.
Application and Approval for Leases
- Oath-subscribed application to local land officer or Chief of Bureau of Public Lands with land and applicant details.
- Notice of intent to lease published and posted.
- Bureau examines application for qualifications, land suitability, and non-mineral status.
- Secretary of Interior approves leases.
Lease Terms and Restrictions
- Minimum rent: 50 centavos per hectare per annum; payable in advance.
- Lease term: 25 years, renewable for another 25 years.
- Leases non-assignable without approval.
- Survey required; cost borne by lessee.
- Rights to timber, minerals, and valuable resources limited; non-compliance leads to forfeiture and dispossession.
Free Patents for Native Settlers
- Native occupants and cultivators of unreserved agricultural land since specified dates are entitled to patents without compensation.
- Applications under oath must prove native status, continuous occupation and cultivation, land description, and ownership history.
- Investigations conducted before patent issuance; publication of application to allow contest.
- Land is inalienable and immune from encumbrance or debt satisfaction for 7 years post-issuance.
Establishment and Management of Town Sites
- Secretary of Interior may reserve or acquire town sites; surveys conducted accordingly.
- Philippine Commission approval required for reservation.
- Subdivision and platting done to accommodate public use, streets, parks, and private claims.
- Lots classified as business and residence lots; appraisals and public auctions conducted.
- Limit on number of lots sold per person; private sales allowed if public auctions fail.
- Eminent domain procedures permitted for necessary private land acquisition.
- Town sites remain under municipal jurisdiction unless altered by law.
Confirmation and Registration of Imperfect Titles and Spanish Grants
- Persons with claims predating U.S. sovereignty who fulfilled or partially fulfilled Spanish requirements may apply for confirmation.
- Categories include various classes of applicants such as purchasers under Spanish law, possessors under prior decrees, and adverse possessors.
- Claims must be filed in the Court of Land Registration with detailed documentation.
- Court procedures follow Land Registration Act; Bureau of Public Lands and Attorney-General participate.
- Survey and thorough investigation required; adverse claimants may contest.
- Court may determine fees for land when payment was due under original grants.
- Final decrees recorded and surveys confirmed.
- Titles may not be acquired by prescription or adverse possession after U.S. acquisition except as expressly authorized.
General Provisions
- The Act is known as the "Public Land Act."
- Bureau of Public Lands has executive control over public lands management.
- The Civil Governor may designate lands as non-aleinable forbidding settlement or disposition.
- Provincial secretaries act under supervision for mining recordation.
- Patents issued under the Act are effective for certain legal purposes but must follow Land Registration Act conveyance requirements.
- Landholders must observe public servitudes that existed under Spanish rule.
- Water rights are governed by priority and use; government retains regulatory authority.
- Government reserves rights to water power exceeding fifty horsepower, including land necessary for mill sites and related structures.
- False submissions relating to public land claims are penalized as perjury.
- The Act applies widely but excludes certain provinces unless extended by Philippine Commission.
- The Act became effective upon approval and proclamation by the Civil Governor.