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Commonwealth Act No.

141

“The Public Land Act”


WHAT IS A PUBLIC LAND?

CLASSIFICATIONS OF THE PUBLIC DOMAINS

Section 3, Article XII of the 1987 Constitution


(1) agricultural;
(2) forest or timber
(3) mineral and
(4) national parks
PURPOSE (CA 141)
• Open to disposition and alienation

• 1936

• Codify all laws relating to public lands


SECTION 6
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 CLASSIFICATIONS OF PUBLIC
LAND
SECTION 9. 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.

The President, upon recommendation by the Secretary of Agriculture and Commerce,


shall from time to time make the classifications provided for in this section, and may, at
any time and in a similar manner, transfer lands from one class to another.
MODES OF DISPOSITION OF
PUBLIC LANDS
AGRICULTURAL
LANDS
(1) For homestead settlement

(2) By sale

(3) By lease

(4) By confirmation of imperfect or incomplete titles:


(a) By judicial legalization
(b) By administrative legalization (free patent)

(5) Townsite reservation


HOMESTEAD SETTLEMENT

 Any citizen of the Philippines over 18 or head of the


family; not exceeding 12 hectares
 at least 1/5 of the land
 Must resided for at least 1 year
 Payment of required fee
EFFECT OF COMPLIANCE

 acquires vested interest; equitable owner

 the execution and delivery of the patent are mere


ministerial acts of the officer in charge

 Even without a patent, a perfected homestead is a


property right in the fullest sense
TRANSFER OF RIGHTS

 complied with all the requirements of the law; and there is


a bona fide purchaser.

 Upon approval of the Director of Lands, may transfer his


rights to the land and improvements

 the purchaser shall file a homestead application to the


land.
SALE
Any citizen of lawful age or the head of the ; not to
exceed 12 hectares
awarded to the highest bidder
paid in full or in not more than 10 equal annual
installments
not less than 1/5 of the land cultivated within 5 years
from the date of the award; he must show actual
occupancy, cultivation and improvement
LEASE
Any corporations or associations at least 60% of capital stock belong

wholly to Filipino citizens, may lease any tract of agricultural public land
available for lease

FOR PRIVATE CORPORATIONS OR ASSOCIATIONS

- They can only hold alienable lands of the public domain by LEASE

- Cannot exceed 25 years, renewable for not more than 25 years

- Lease cannot exceed 1,000 hectares


FOR FILIPINO CITIZENS

- Can lease up to 500 hectares

- Can ACQUIRE not more than 12 hectares by purchase, homestead or


grant.

- Taking into account the requirements of conservation, ecology and


development, and subject to the requirements of agrarian reform,
Congress shall determine by law the size of the lands of the public
domain which may be acquired, developed, held or lease and the
conditions therefore.
CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE
JUDICIAL LEGALIZATION
Requisite for Availment:

Filipino citizen

Possessed and occupied an alienable and disposable agricultural

portion of public domain

Possession and Occupation must have been OCEN-CO since June

12, 1945

Filed with the proper court


CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE
ADMINISTRATIVE LEGALIZATION
(FREE PATENT)
Requisite for Availment:
Any Natural Born citizen
Owner of more than 12 Hectares (constitutional limit)
At least 30 years prior to the effectivity
Continuously occupied and cultivated, either by himself or
through his predecessors in interest a tract or tracts of
agricultural public lands subject to disposition
Paid the real estate tax thereon while the same hasn’t been
occupied by any person
Lands for Residential, Commercial or
Industrial purpose

Lands reclaimed by the Government by dredging,


filing, or other means;
Foreshore;

Marshy lands or lands covered with water bordering


upon the shores or banks of navigable lakes or rivers;
Lands not included in any of the foregoing classes
Lands for Educational, Charitable, and
other similar purposes

SECRETARY OF
DENR
Recommendation

PRESIDENT
CONTRACT FOR
SALE OR LEASE
Cemetery, Church, College, School, University,
or other institutions for Educational, Charitable,
or Philanthropical purposes or Scientific
research.
Town Site Reservations
 Public Interest

Direct to conduct SURVEY of


the Exterior Boundaries

SECRETARY OF DIRECTOR OF
DENR LANDS
RECOMMENDATIONS

PRESIDENT PROCLAMATION
Reservations for Public and
Semi-Public Purpose
SECRETARY OF DENR

Recommendation

PRESIDENT

Designate reservations by

PROCLAMATION

Certified copy

REGISTRY OF DEEDS
DIRECTOR OF LANDS
(where land located)
Immediate Survey of
proposed reservation