Law on Natural Resources Report Outline (Pages 52-80) Public Land Act (Co onwealt!

Act No" #$#) h. Sale of Lands Within Military Reservations RA No. 274 when declared by the President as no lon!er needed for "ilitary #$r#oses%& "ay be s$bdivided by the 'irector of Lands with #riority !iven to bona fide occ$#ants and then to war veterans i. ) ) (oncession of lands for ed$cational& charitable and other si"ilar $ses *he President& $#on reco""endation of the Secretary of Nat$ral Reso$rces& "ay e+ec$te contracts in favor of any #rovince& "$nici#ality or other branch of the !overn"ent& in the for" of donation& sale& lease& e+chan!e& etc.& Any tract of #$blic land of the class covered by this *itle ,- of RA 2.74 "ay be sold or leased for the #$r#ose of fo$ndin! a ce"etery& ch$rch& colle!e& school& $niversity& or other instit$tion for ed$cational& charitable& or #hilanthro#ical #$r#oses or scientific research& b$t not to e+ceed ninety)si+ hectares in any case.

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Reservations

01 *ownsite Reservations ) Whenever it is of #$blic interest to fo$nd a new town& the Secretary of 2nviron"ent and Nat$ral Reso$rces shall direct the 'irector of Lands to cond$ct a s$rvey of the bo$ndaries of the site. ) *he President "ay iss$e a #rocla"ation reservin! the land s$rveyed as town site. ) *he 'irector of Lands& after co"#letin! the le!al #roceedin!s& shall direct a s$bdivision of the site. 2. Reservations for #$blic and se"i)#$blic #$r#oses ) ) *he President & $#on the reco""endation of the Secretary of Nat$ral Reso$rces& "ay desi!nate by #rocla"ation any tract of land of the #$blic do"ain as reservations for the $se of the Re#$blic of the Phili##ines& any of its branches or inhabitants thereof. A co#y shall be forwarded to the Re!ister of 'eeds and the 'irector of Lands shall order i""ediate s$rvey of the #ro#osed reservation.

3. Provisions co""on to reservations ) ,f all the lands incl$ded in the #rocla"ation of the President are not re!istered $nder the Land Re!istration Act or Pro#erty Re!istration 'ecree& the Solicitor 4eneral shall #roceed to a co"#$lsory /$dicial #roceedin! for the settle"ent and ad/$dication of title to lands.

02. S#ecial Patents

A #atent to !rant& cede and convey f$ll ownershi# of alienable and dis#osable lands and is iss$ed $#on the #ro"$l!ation of a s#ecial law. 2. R24,S*RA*,5N 56 PA*2N*S AN' ,SS7AN(2 56 (2R*,6,(A*2S 56 *,*L2 03. Re!istration of #atent is the o#erative act to convey the land. ) *he #atent or !rant shall not ta8e effect as a conveyance or bind the land b$t shall o#erate only as a contract between the !overn"ent and the !rantee. )*he act of re!istration conveys or affects the lands and binds third #ersons. ) a. (ertificate of title iss$ed #$rs$ant to #atent indefeasible. A #$blic land #atent when re!istered in the Re!ister of 'eeds is a veritable *orrens title and beco"es as indefeasible as a *orrens title $#on the e+#iration of one year fro" the date of it siss$ance. b. 'ate of iss$ance of #atent corres#onds to the iss$ance of the decree in ordinary re!istration cases. After one 901 year fro" the iss$ance of the corres#ondin! #atent& the sa"e is no lon!er o#en to review on the !ro$nd of act$al fra$d& and a #rotest a!ainst its iss$ance no lon!er lies. c. *itle cannot be defeated by adverse #ossession& nor s$b/ect to collateral attac8. 5nce a title is re!istered& as a conse:$ence either of /$dicial or ad"inistrative #roceedin!s& the owner "ay rest sec$re& witho$t the necessity of waitin! in the #ortals of the co$rt to avoid the #ossibility of losin! his land. A certificate of title cannot be collaterally attac8ed.

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6. (A'AS*RAL R24,S*RA*,5N PR5(22',N4S 04. (adastral Proceedin!s ) *he !overn"ent initiates a cadastral case& co"#ellin! all clai"ants in a "$nici#ality to liti!ate a!ainst one another re!ardin! their res#ective clai"s of ownershi#. ,t ai"s to settle all dis#$tes over land and re"ove clo$ds over land titles in a co""$nity. a. Laws !overnin! cadastral re!istration ) Section ;3 of Act No. 22;< of 6ebr$ary 00& 0<03 or (adastral Act ) Section 3; to 3. of (adastral Re!istration Proceedin!s. 4. 6R,AR LAN'S
> Were purchased by the government for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act

> These lands are not public lands but private and patrimonial lands of the government

> The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant

> The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate

> The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full

=. A(*,5N 65R R2-2RS,5N 0>. 'irector of Lands has contin$in! a$thority to investi!ate fra$d$lent iss$ance of #atents. ) ) ) ,t is the d$ty of the 'irector of Lands to cond$ct the investi!ation of any alle!ed fra$d in sec$rin! a free #atent and the corres#ondin! title to a #$blic land and to file the corres#ondin! co$rt action for the reversion of the sa"e to the Stat. ,ndefeasibility of a title over land #revio$sly #$blic is not a bar to an investi!ation by the 'irector of Lands& if the #$r#ose is to deter"ine whether or not fra$d had been co""itted in sec$rin! s$ch title. Misre#resentations of the a##licant in his a##lication are s$fficient !ro$nds to n$llify the !rant of the #atent and title.

07. 4overn"ent initiates an action for cancellation of title and reversion. 2 Provisions for Reversion for Lands of P$blic 'o"ain 6ra$d$lently Awarded 0. Section 0?0 of P$blic Land Act 2. Section 3;& (ha#ter @,,& *itle ,,, of the Ad"inistrative (ode of 0<.7 ) ,nstit$tion of action for reversion is dele!ated to the Solicitor 4eneral . a. Action for n$llity of land titles distin!$ished fro" reversion (haracter of ownershi#AWho see8s to n$llify b. Where reversion is i"#ro#er. 0. Where land titled to defendant& at the ti"e of the iss$ance of #atent& was no lon!er #art of the #$blic do"ain& havin! been ad/$dicated as #rivate #ro#erty of another #erson in a #revio$s re!istration case. 2. Where land had s$ccessively been sold by the heirs of the #atentee to third #arties who are holdin! *orrens titles and en/oyin! the #res$"#tion of !ood faith. c. When #rivate #arty cannot brin! action for reversion Action of n$llity of titles Plaintiff who alle!es #re) e+istin! ri!ht of ownershi# over land before !rant of title to defendant Reversion State ownershi# 9P$blic do"ain1

Where that #arty does not clai" the land to be his #rivate #ro#erty 9e.!. an a##licant for free #atent1

d. When #rivate #arty "ay brin! an action for cancellation of title 0. When one clai"s ownershi# of the land as #rivate #ro#erty by virt$e of lon! #eriod of #ossession. 2. Land is already covered by a #revio$sly iss$ed certificate of title. 3. Where #laintiff)clai"ant see8s direct reconveyance fro" defendant #$blic land $nlawf$lly and in breach of tr$st titled by hi"& for the enforce"ent of a constr$ctive tr$st. e. Action for reversion not barred by #rescri#tion& laches ) ) Non)dis#osable lands re!istered $nder the Land Re!istration Act "ay be recovered by the State at any ti"e. When the !overn"ent is the real #arty in interest and is #roceedin! "ainly to assert its own ri!hts and recover its own #ro#erty& there can be no defense on the !ro$nd of laches or li"itation.

0.. (o$rts have /$risdiction over #ossessory actions involvin! #$blic lands. ) *he !rand of #ower and d$ty to the '2NR & thro$!h the Lands Mana!e"ent B$rea$ 9LMB1& to alienate and dis#ose of #$blic lands does not divest the co$rts of their d$ty and #ower to ta8e co!niCance of action instit$ted or set by settlers or occ$#ants or a##licants a!ainst others to #rotect their res#ective #ossessions and occ$#ations 9i.e. actions of tres#ass& forcible entry& $nlawf$l detainer1. %" PRO&%'%()* AL%)NA(%ON+

0<. Prohibition a!ainst alienation of lands ac:$ired $nder the ho"estead and free #atent #rovisions. Sections of P$blic Land Act on #rohibited alienation of #$blic landsD 0. 2. 3. 4. Sec. 00. Sec. 020 Sec. 022 Sec. 024

a. Policy of the law. ) ) ) *he le!islative intent is to conserve the land which a !rantee has ac:$ired $nder the P$blic Land Act& for hi" and his heirs. *he #rohibition of conveyance or sale was ori!inally ; years fro" the iss$ance of #atent& b$t is now e+tended to 2; years if no a##roval of the Secretary of '2NR is sec$red. *ransfer of ho"estead ri!hts fro" a ho"esteader can only be /$stified $#on #roof satisfactory to the 'irector of Lands that the ho"esteader cannot contin$e with his ho"estead thro$!h no fa$lt of his own.

b. Prohibition starts fro" date of a##roval $# to fifth year fro" iss$ance of #atent.

Patent is considered iss$ed once the order for its iss$ance is #ro"$l!ated. *herefore& the ;)yr #eriod is co"#$ted fro" this date and N5* fro" the date of re!istration with the Re!ister of 'eeds or fro" the date of (ertificate of *itle. c. A##roval of Secretary "erely directory. ) ,ts absence does not invalidate any alienation& transfer or conveyance of the ho"estead after ; yrs and before the twenty)five year #eriod. S$ch a##roval "ay be sec$red at any ti"e in the f$t$re.

d. A!ree"ents which are considered a circ$"vention of the law ) ) By sellin! the lot to his descendant and the latter after re!isterin! the sa"e in his na"e wo$ld sell it to a third #erson. Law #rohibitin! any transfer or alienation of ho"estead land within five years fro" the iss$ance of the #atent does not distin!$ish between e+ec$tor and cons$""ated sales.

e. Sale of only a #art of the land violates #rohibition ) 2ven if only a #art of the #ro#erty has been sold or alienated within the ;)yr #rohibition fro" iss$ance of #atent& it is a s$fficient ca$se for the reversion of the whole estate to the State.

2?. Re#$rchase by a##licant or his heirs. ) ) ) 2very conveyance of land $nder free #atent or ho"estead #rovisions shall be s$b/ect to re#$rchase by the a##licant& his widor or le!al heirs& within a #eriod of five years fro" the date of the conveyance. Ri!ht to re#$rchase cannot be waived. B$t if the intention in the ri!ht to re#$rchase is to redee" the land only to dis#ose of it a!ain for !reater #rofit& it shall be in violation of the #olicy and s#irit of the law.

a. Period of re#$rchase $nder Section 00<. ) *he ;)yr #eriod for le!al rede"#tion starts fro" the date of the e+ec$tion of the deed of sale. ) Rede"#tion of e+tra/$dicially foreclosed #ro#erties is e+ercisable within one year fro" the date of a$ction sale. b. 2ffect of void conveyance Shall be $nlawf$l and void fro" its e+ec$tion and shall #rod$ce the effect of ann$llin! and cancellin! the !rant& title& #atent or #er"it and ca$se the reversion of the #ro#erty and its i"#rove"ents to the State. ) B$t it does not #recl$de the heirs fro" s$in! to have the alienation declared invalid& for their ri!ht to the #ossession of the land is s$#erior to that of the transferee in the void alienation. ," PROC)*-R). L)/AL R)+(R%C(%ON+ AN* )NC-0'RANC)+ 20. (ontents of a##lication. 2very a##lication $nder the P$blic Land Act shall be "ade $nder oath abd shall be set forthD )

a. 6or sole #ro#rietorshi#D 6$ll na"e of a##licant& a!e& #lace of birth& citiCenshi#& civil stat$s& #ost office address 6or cor#orationA#artnershi#D Acco"#anied with certified co#y of its articles of incor#oration& association or co)#artnershi# to!ether with affidavit of President or other res#onsible officer& na"in! the stoc8holders& "e"bers their citiCenshi# and n$"ber of shares s$bscribed by each.E b. *hat the a##licant has all the :$alifications re:$iredE c. *hat he has none of the dis:$alifications "entioned thereinE d. *hat the a##lication has been "ade in !ood faithE e. *hat the a##lication is "ade for the e+cl$sive benefit of the a##licantE f. An acc$rate descri#tion of the land statin! its nat$re& #rovince& "$nici#ality& barrio and sitio where it is located& and its li"its and bo$ndaries. !. Whether all or #art of the land is occ$#ied or c$ltivated or i"#roved& and by who"& #rvidin! the detailsE h. *hat the land a##lied for is neither ti"ber nor "ineral land and does not contain !$ano or de#osits of salts or coral. 22. State"ents in the a##lication are essential conditions of any concessions& title or #er"it. ) ) ,t shall be the d$ty of the 'irector of Lands to "a8e necessary investi!ations for ascertainin! the "aterial facts set o$t in the a##lication are tr$& contin$e to e+ist and "aintained and #reserved in !ood faith. ,n every investi!ation "ade $nder Section <0& the e+istence of bad faith& fra$d& conceal"ent or fra$d$lent "odification of facts shall be #res$"ed if !rantee or #ossessor shall ref$se or fail to obey a s$b#oena or s$b#oena d$ces tec$" iss$ed by the 'irector of Lands or his a$thoriCed dele!ates.

23. 6ilin! of ob/ection or #rotest. ) ) Any #erson& cor#oration or association "ay file an ob/ection !ro$nded on any reason s$fficient for the denial or cancellation of the #atent or !rant. Any owner of $nc$ltivated a!ric$lt$ral land who 8nowin!ly #er"its a##lication for the sa"e and i"#roved by a bona fide !rantee witho$t #rotestin! to the Lands Mana!e"ent B$rea$ within one year after c$ltivation has be!$n& shall lose all ri!ht to the #art of land c$ltivated& $nless he shall brin! action in the #ro#er co$rt before its #rescri#tion.

24. Petition for review. ) ,n #etition for review on the !ro$nd of fra$d involvin! #$blic land !rants or #atents& the one)year #eriod starts fro" the iss$ance of #atent by the !overn"ent.

Finds of fra$d 0. Act$al or (onstr$ctive Act$al fra$d #roceeds fro" an intentional dece#tion #racticed by "isre#resentation or conceal"ent of fact. (onstr$ctive fra$d is constr$ed as s$ch beca$se of its detri"ental effect $#on #$blic interests and #$blic or #rivate confidence& even if there is no desi!n to co""it in/$ry $#on other #ersons. 2. 2+trinsic or ,ntrinsic 6ra$d is e+trinsic if it is e"#loyed to de#rive #arties of their day in co$rt. ,t is intrinsic where fra$d$lent acts #ertain to an iss$e involved in the ori!inal action. 2;. S$ccession

,f the a##licant shall die before the iss$ance of the #atent or final !rant of the land& he shall be s$cceeded in his ri!hts and obli!ations by his heirs in law.

2>. 7se of the land for #$blic wor8s or other benefit. ) ,f at any ti"e after the a##roval of the a##lication and before the iss$ance of a #atent& it a##ears that the land is necessary for the #rotection of any so$rce of water or for any wor8 for #$blic benefit& the Secretary "ay order its cancellation& $#on #ay"ent of the val$e of the i"#rove"ents& if any.

27. All other nat$ral reso$rces shall re"ain with the State. ) Patents or certificates shall not incl$de title to any !old& silver& co##er or other s$bstances "inerals in the lands !ranted.

2.. land s$b/ect to #$blic servit$des& ri!ht of way. ) All !rantees shall hold s$ch lands to the sa"e #$blic servit$des that e+ist $#on lands owned by #rivate #ersons.

2<. Private cor#orations dis:$alified fro" ac:$irin! lands of the #$blic do"ain. ) Private cor#orations "ay not hold alienable lands of the #$blic do"ain e+ce#t by lease& for a #eriod not e+ceedin! twenty)five years& renewable for not "ore than twenty)five years& and not to e+ceed 0&??? hectares in area.