Public Land Laws

Question 1

When was CA 141 enacted?

Answer 1

November 7, 1936

Question 2

was passed in pursuance of the provisions of the Philippine Bill of 1902. The law governed the disposition of lands of the Public Domain.

Answer 2

Act 926, the 1st Public Land Act,

Question 3

Act 926 was superseded in __ by ___. This new law was more comprehensive ins cope but limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave Filipinos the same privilege.

Answer 3

1919 by Act No. 2874

Question 4

When does patents become private property?

Answer 4

By virtue of CA 141, Public Land Patents when duly registered are veritable Torrens Titles subject to no encumbrance except those stated therein, and those specified by law. They become private property which can no longer be the subject of subsequent disposition by the Director of Lands,

Question 5

the Executive Officer charged with carrying out the provisions of CA 141, through the Director of Lands, who shall act under his immediate control

Answer 5

Secretary of the DENR

Question 6

shall have direct executive control of the survey, classification, lease, sale, or any other form of concession or disposition and management of the lands of the public domain

Answer 6

Director of Lands

Question 7

Function of LMB Director

Answer 7

Recommend policies and programs for the efficient and effective administration, surveys, management and disposition of A and D lands of the public domain;

Advise the regional offices on the efficient and effective implementation of policies, programs and projects for more effective public lands management;

Assist in the monitoring and evaluation of land surveys, management and disposition of lands to ensure efficiency and effectiveness thereof;

Issue standards, guidelines, regulations and orders to enforce policies for the maximization of land use and development

Question 8

Function of LMB

Answer 8

Develop operating standards and procedures to enhance the Bureau’s objectives and functions;

Assist the secretary as executive officer charged with carrying out the provisions of CA 141, who shall have direct executive control of the survey, classification, lease, sale or any other forms of concessions or dispositions of lands of the public domain.

Perform other functions as may be assigned by the Secretary and/or provided by law.

Question 9

CLASSIFICATION OF LANDS

Government lands are classified in a number of ways. Under the civil code, governmental lands can either be:

Answer 9

properties of the public dominion, or
those intended for
(a) public use;
(b) public service; or
(c) for the development of the national wealth.

Question 10

For purpose of the administration and disposition of alienable or disposable public lands, the ____, upon recommendation of the Secretary of ENR, shall from time to time declare what lands are open to disposition or concession under the Act.

Answer 10

President

Question 11

Lands open for disposition (CA 141)

Answer 11

Classifications of agricultural land
*agricultural
*Residential, commercial, industrial, or for similar productive purposes;
* educational, charitable or other similar purposes;
* reservations for town sites and for public and quasi- public uses

Question 12

Can public lands be acquired?

Answer 12

No public land can be acquired by private persons without any grant, express or implied from the government.

In other words, it is indispensable that there be a showing of a title from the state.

This may come in the form of a homestead, sale or free patent or grant.

Only A and D lands may be the subject of disposition

Question 13

Can the applicant of homestead paten transfer his rights?

Answer 13

If at any time after approval of the application and before the patent is issued, applicant shall prove to the satisfaction of the Director of lands that he has complied with all the requirements of law, but cannot continue with homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements on the land, then the application, with the previous approval of the Director, may transfer his rights to the land and improvements to any person legally qualified to apply, and immediately after such transfer, the purchaser shall file a homestead application to the land so acquired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser

Question 14

Can a person who has transferred his rights apply again for homestead?

Answer 14

NO, prohibited by pertinent laws.

Question 15

What will happen if the transfer (rights for homestead patent) was made without approval of the Director of lands?

Answer 15

Such transfer/conveyance shall be null and void and shall result in the cancellation of the entry and refusal of the patent

Question 16

What is the manner of payment for sales patent?

Answer 16

Purchase price may be paid in full upon making of the award or in not more than 10 equal annual amortization from date of award.

Question 17

What will happen to the sale if no approval from the secretary was procured prior to the disposition?

Answer 17

It is null and void, and shall produce the effect of annulling the acquisition and reverting the property and all rights to the state

Question 18

What happens to the previous payments on the purchase price paid by the original purchaser to the government.

Answer 18

Forfeited in favor of the government.

Question 19

What are the conditions (and XPNS) imposed on the lease?

Answer 19

Lessee shall:
a. not have less than 1/3 of the land broken; and
b. cultivated within 5 years after approval of lease.

XPN: if land leased is devoted for pasture, it shall be sufficient compliance with this condition if the lessee shall graze the land as many heads of cattle as will occupy at least ½ of an entire area of one head per hectare

Question 20

Ownership based on adverse possession:
What should the applicant prove in order to confirm his title?

Answer 20

Possession and occupation has been exercised in the manner and for the period prescribed by law, or since June 12,1945. (PD 1073)

possession for 30 yrs in good faith (CA141)
Possession for 20 yrs (11573)

Question 21

What are the requisites for the availment of judicial confirmation of imperfect or incomplete title?

Answer 21

a. applicant must be a Filipino citizen;
b. he must have, by himself or through his predecessors - in interest, possessed and occupied an A and D agricultural land;
c. such possession and occupation must have been in an Open, Continuous, Exclusive and Notorious and in the concept of an owner since June 12, 1945.
d. Application to be filed in court

Question 22

Is it required that the agricultural land sought to be registered was already an A and D land since June 12, 1945?

Answer 22

No. in Republic vs Naguit, the Supreme Court held that what the law merely requires is that the property sough to be registered is already alienable and disposable at the time of application for registration of title is filed.

Question 23

Does the same rule (judicial confirmation of imperfect titles) applies for those originally, not intended for registration such as timber or forest lands?

Answer 23

No. in Bracewell vs CA, the Supreme Court had the occasion to opine that there can be no imperfect title to be confirmed over lands not yet classified as disposable or alienable. The rules on confirmation do not apply unless and until the land classified as forestland is released in an official proclamation to that effect so that it may form part of the disposable agricultural lands of public domain.

Question 24

Administrative Legalization; who may avail? (Free patent)

Answer 24

-any natural born citizen of the Philippines -who is not the owner of more than 12 hectares and who for at least 30 years prior to the effectivity of this act, has continuously occupied and cultivated, either by himself or through his predecessors in interest a tract of agricultural public land subject to disposition,
-who shall have paid the real estate tax thereon while the same has not been occupied by any person
*shall be entitled to have a free patent issued to him for a land not exceeding 12 hectares

Question 25

Max areas for the issuance of free residential patents (RA 10023) for highly urbanized cities

Answer 25

200 sqm

Question 26

Max areas for the issuance of free residential patents (RA 10023) for other cities

Answer 26

500 sqm

Question 27

Max areas for the issuance of free residential patents (RA 10023) for 1st and 2nd class municipalities

Answer 27

750 sqm

Question 28

Max areas for the issuance of free residential patents (RA 10023) for other municipalities

Answer 28

1000 sqm