COMMONWEALTH

ACT 141

PUBLIC LAND ACT

 HISTORICAL BACKGROUND
• ACT NO. 926 – the first Public Land Act, Prescribed rules
and regulation of the homesteading, selling and leasing of
portions of the public domain, and prescribed the terms and
conditions to enable persons to perfect their titles to public
lands in the islands
Also provided for the issuance of patents to certain native settlers
upon public lands for the establishment of town sites and sale of
lots therein, for the completion of imperfect titles and for the
cancellation or confirmation of Spanish concessions and grants in
the islands
• ACT NO. 2874 - The second Public Land Act was more
comprehensive in scope but limited the exploitation of agricultural
lands to Filipinos and Americans and citizens of other countries
which gave Filipinos same privileges.
CA 141
• Enacted on November 7, 1936

• Grants of public lands are brought under the operation of the Torrens
system of registration.

• Its provisions govern the classification and disposition of lands of the

public domain other than timber and mineral lands.

• The act sought to codify all laws relating to public lands then existing
at the time of its enactment.
CLASSIFICATIONS OF
PUBLIC LAND
• Section6.The President, upon the recommendation of the Secretary of
Agriculture and Commerce, shall from time to time classify the lands of
the public domain into —

(a) Alienable or disposable;

(b) Timber, and

(c) Mineral lands,

and may at any time and in a like manner transfer such lands from one
class to another, for the purposes of their administration and disposition.
FURTHER CLASSIFICATION:
• Section9. For the purpose of their administration and disposition, the
lands of the public domain alienable or open to disposition shall be
classified, according to the use or purposes to which such lands are
destined, as follows:

(a) Agricultural

(b) Residential commercial industrial or for similar productive purposes

(c) Educational, charitable, or other similar purposes

(d) Reservations for town sites and for public and quasi-public uses.
MODES OF DISPOSITION
• Public lands suitable for agricultural purposes can be disposed of only
as follows:
– 1. For homestead settlement
– 2. By sale
– 3. By lease; and
– 4. Confirmation of imperfect or incomplete title:
• a. Judicial Legalization
• b. Administrative legalization (Free Patent)
HOMESTEAD

• By homestead is meant the home, the house and the adjoining land
where the head of the family dwells; home farm; the fixed residence of
the head of the family.
 QUALIFICATIONS AND AREA
OBTAINABLE
• The applicant must:
a. Be Filipino citizen
b. Be more than 18 years old
c. Does not own more than 24 hectares of land
or has not had the benefit of any gratuitous allotment of more than 24
hectares of land since the occupation of the Philippines by the United States
d. Resided for at least 1 year in the municipality which the land is located or in
the municipality adjacent to the same
e. Must have cultivated and improved at least 1/5 of land continuously since the
approval of the application
 PROCEDURE TO OBTAIN
HOMESTEAD PATENT
* File application with the Bureau of Lands
Payment of fees – ‘entry fee’

*DENR Approves the application

*Within 6 months from approval of the application, the applicant shall start to improve
and cultivate the land
*Within the period of not less than one year or more than five years from date of
approval of the application, applicant should have cultivated or improved at least 1/5
of the land.
 PROCEDURE: HOMESTEAD
*Residency requirement of 1 year.
*After complying with the above requirements on cultivation and residence,
applicant should notify DENR to present final proof of his compliance with the
legal requirements to be entitled to the issuance of the Homestead Patent
– Submit Affidavit /Joint Affidavit of applicant and two witnesses.
– Notice and Hearing.
* Homestead Patent issued.
 NOTE!
• Once an application for homestead patent is approved,
the applicant has the right to take possession of the
land and priority of right to acquire title upon his
compliance with the requirements of law.

• Upon compliance of the applicant to the conditions

and terms, applicant acquires a vested interest therein
and is to be regarded as the equitable owner thereof.
NOTE:

• Registration of the Homestead Patent (contract) with the Register of

Deeds is the operative act to convey and affect the land.
• Registration brings the land under the operation of the Torrens
System.
• Registration makes the Patent indefeasible, imprescriptible and
unassailable.
NOTE:
• Action for annulment and cancellation of homestead patent may be
filed within one year from issuance of the title.
• Thereafter, the government can file an action for reversion, which
should be made within five years from the time the action for
reversion is available.
RESTRICTIONS
a. It cannot be encumbered or alienated from the date of the approval
of the application and for a term of five years from and after the date of
issuance of the patent;
b. It shall not become liable to the satisfaction of any debt
contracted prior to the expiration of said period except for the
improvements or crops
c. No alienation, transfer or conveyance after 5 years and before 25
years after issuance of title shall be valid without the approval of the DENR,
which shall not be denied except for constitutional and legal grounds.
d. Sale within 5 years is void (reckoned upon promulgation of the order of
issuance of patent)
 SALE OF PUBLIC
AGRICULTURAL LANDS
Qualifications?
1. Filipino citizen
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares of land.
4. Mode of Sale is through sealed bidding
5. To be paid in full or 10 annual equal installment
6. Must have cultivated and improved at least 1/5 of the land within 5 years from
date of award.
7. Must show actual occupancy, cultivation and improvement of at least 1/5 of the
land until the date of final payment.
 PROCEDURE FOR THE SALE
OF PAL
• Filing of application
• Appraisal by the Director of Lands approved by the Secretary of DENR
• Publication of notice of sale
• Submission of sealed bids – cash or certified check or treasury warrant
for an amount equivalent to 10% of the bid.
• Opening of bids and award – highest bidder
- if equal bidding and one of which is the applicant, it shall be awarded in favor of
the applicant.
 PROCEDURE
• Payment of price – overdue installments subject to 4% per annum interest
from date of delinquency.
• NOTE:
– Approval of the sales application merely authorizes the applicant to take
possession of the land do that he can comply with the requirements prescribed
by law before a final sales patent can be issued in his favor.
– Pending compliance, the government remains the owner of the land and may
cancel it for non compliance and may award it to another applicant.
 NOTE
• Pending issuance of sales patent, the applicant after cultivation of the hand
has began may convey or encumber his rights to any person.
• Provided it does not affect any right or interest of the government on the
land, and the transferor is not delinquent in the payment of installment due
and demandable
• Prior approval of the Secretary of DENR required.
 LEGAL LIMITATION AND
RESTRICTIONS
1. No sale patent shall be issued unless the land purchased has been surveyed
and an accurate plat made thereof by the Bureau of Lands
2. Shall not include nor convey title to mineral deposits
3. It shall be subject to the same public servitudes as are imposed on lands
owned by private persons.
4. After the title has been granted, the purchaser may not within ten years
from grant or cultivation convey or encumber or otherwise dispose of the
land or rights therein, without prejudice to the right or interest of the
government in the land
 LEASE OF PUBLIC
AGRICULTURAL LANDS
• Who are qualified to lease PAL?
1. Any citizen of lawful age of the Philippines,
2. And any corporation or association of which at least sixty per centum of the
capital stock or of any interest in said capital stock belongs wholly to citizens of
the Philippines, and which is organized and constituted under the laws of the
Philippines, may lease any tract of agricultural public land available for lease under
the provisions of this Act, not exceeding a total of one thousand and
twenty-four hectares.
 PROCEDURE FOR LEASE OF
PAL
• Filing of application
• Appraisal by the Director of Lands approved by the Secretary of DENR
• Publication of notice of sale
• Submission of sealed bids - cash or certified check or treasury warrant
for an amount of not less than 3% of the appraised value of the land (as
annual rent) and deposit at least the first three months of the lease.
– For grazing land, minimum annual rental is 2% of its appraised value;
• Opening of bids and award – highest bidder
– - if equal bidding and one of which is the applicant, it shall be awarded in
favor of the applicant.
 NOTE
• Rental is to be paid yearly in advance from the date of approval of the lease
• Reappraisal maybe done every 10 years
• All improvements shall be owned by the government after termination of
the lease
• Assignment, encumbrance or sublease should be upon approval of the
Secretary of DENR and only upon persons who are qualified to lease
public land.
• Registration of the Contract of Lease is not necessary
 CONFIRMATION OF IMPERFECT
OR INCOMPLETE TITLE (
JUDICIAL LEGALIZATION )
Requisites:
1. Applicant must be a Filipino citizen
2. By themselves of through their predecessor in interest, possessed and
occupied A&D agricultural portion of public domain
3. OCENPO since June 12, 1945 under a bona fide ownership
4. Filed in the proper court.
ADMINISTRATIVE
LEGALIZATION OR FREE PATENT
Qualifications
1. Any natural-born citizen of the Philippines
2. Not the owners of more than 12 hectares of land
3. Shall have paid the real estate tax while the same has not been occupied by
any other person
4. Has continuously occupied and cultivated either by himself or through his
predecessor-in-interest the agricultural land
5. For a period of 30 years under a bona fide claim of ownership
6. Free Patent granted not to exceed 12 hectares of land.
 RESTRICTIONS ON FREE
PATENT
Similar to homestead patent
• *Cannot be encumbered within five years from and after the date of the
issuance of the patent EXCEPT in favor of the government
• *Cannot be made liable to the satisfaction of debt contracted prior to
the expiration of the period.
• Where Corp/Assoc/Partnership acquire patented land or improvements
thereon, it can only be done with the consent of the grantee and the
approval of the Secretary of the DENR and solely for Commercial, Industrial,
Educational, Religious or Charitable Purposes, or for right of Way.
 CLASSIFICATIONS OF LAND
(USE)
• Agricultural land/Farmland
- may be disposed by grant, sale, and lease

• Reclaimed Land
• Foreshore
• Marshy land
– provided the President upon the recommendation of the Secretary of
DENR shall have declared them open for lease when no longer needed for
public service
– the land shall be used for residential, commercial, industrial or other
productive purposes.
 ACCORDING TO USE
• Lands classified for Educational, Charitable and other similar purposes
– Granted to Government Entities through donation/lease/sale
– Private institutions through sale or lease for the purpose of founding a
cemetery, church, college, school, university, or other institutions for educational,
charitable or philanthropical purposes or scientific search.
– -Area of land subject of concession should not exceed 96 hectares. (this
limitation does not apply to government entities)
– it cannot be sold/transferred/encumbered/ leased for any other purpose other
than that contemplated in the application
– disposition should be subject to approval of the Secretary of the DENR.