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Chapter 2 1. Concept of Homestead.

- Homestead is the home, the house and the adjoining land where the head of the family dwells. It is an artificial estate in land devised to protect the possession and enjoyment of the owner against claims of creditors, by withdrawing the property from execution and force sale as long as the land is occupied as home. 2. Qualification and Area Obtainable - Filipino Citizen: a. More than 18 years of age b. Head of the Family c. Do not acquire more than 24 hectares of land d. Not benefit for gratuitous allotment of more than 24 hectares of land - Married woman in the following cases: a. When she lives separately and independent with her husband b. When her husband is insane or physically incapacitated to work c. When her husband is in prison serving his term with a duration long enough to prevent him in complying with the legal requirements of the law regarding residence on the lands 3. Procedure to obtain homestead patent 1. The qualified applicant may file his application in the Bureau of Lands and if in order will be approved by the Director of Lands. The applicant will have an authority to enter the land upon payment of entry fee worth five pesos. 2. Within six months from the date of approval, the homesteader shall start to improve and cultivate the land and for not less than one year and not more than five years, he must cultivate at least 1/5 of the land. 3. The homesteader must have continuous residence on the same municipality or adjacent municipality at least one year. 4. After compliance with the above requirements, the homesteader must notify the director of lands that he is ready for the presentation of final proof of compliance of all the legal requirements and entitle to the issuance of homestead patent. 5. Before the hearing for the presentation of final proof, due notice must be given to the homesteader and the public with the following information: a. Name and address of the homesteader b. Description of the Land with the boundaries and area. c. Time, Place and Officer to whom presentation of final proof shall be made. 6. If the Director of Lands finds the applicant compliance complete, the homesteader shall be issued with Homestead Patent upon payment of final fee worth five pesos. 4. Right of Possession of the Homestead Applicant -Authority to take possession of the land and priority right to acquire title of the land. But such authority does not confer his right of possession indefeasible and excludes other claimants. 5. Payment of Realty Tax by the Applicant -Payment of Realty Tax shall be bear by the applicant. Although in a normal transaction it is paid by the owner of the land, in this case the applicant even if not yet approve and not yet the owner shall pay the realty tax. 6. When Right to Homestead becomes vested to the Applicant - Vested rights are rights or interest to property that is fixed or established. Right to Homestead will be vested when all terms and conditions are complied. This right when

vested will be equivalent to issuance of patent and the execution and delivery is mere ministerial acts. 7. When Homestead consider conjugal. - As ordinarily done, classification of the property as to conjugal or paraphernalia depends on time when the property is acquired. As to Homestead the determining factor will be the time when final proof is ready for presentation and final fee was paid. If this compliance is done during marriage, the property will be part of the conjugal partnership of gains. 8. Successor in case of death of the applicant. - Right to acquire homestead patent shall be transfer to the legal heirs of the dead applicant upon compliance of all the legal requirements for the issuance of such patent. 9. One Applicant, One Homestead Rule and Exception. - As a rule a qualified applicant can apply and be granted homestead only once. An applicant may enter to another homestead if the total area to be acquired, if both application is consider, is not more than 24 hectares; that patent for the previous application is not yet issued and that the two lands are not on the same municipality. 10.