Title
Philippine Public Land Management Act
Law
Act No. 926
Decision Date
Oct 7, 1903
The Philippine Jurisprudence case explores the rules and regulations for homesteading, selling, and leasing public lands in the Philippines, including the qualifications, application process, and conditions for obtaining a homestead or purchasing public land, as well as the procedures for the sale and registration of public lands.

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.

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