THE PUBLIC LAND ACT

(Com. Act No. 141, as amended)

 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; 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.
 PUBLIC LAND ACT
(COMMONWEALTH ACT NO. 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.

Note: Public land patents when duly registered are

veritable Torrens titles, they become private
property which can no longer be subject of
subsequent disposition by the Director of Lands.
 POLICY CONSIDERATIONS
 THE STATE

 Shall ensure, for the benefit of the Filipino people, the full
exploration and development as well as the judicious disposition,
utilization, management, renewal and conservation of the
country’s forest, mineral, land, waters and other natural
resources, consistent with the objective of making the
exploration, development and utilization of such natural resources
equitably accessible to the different segments of the present as
well as future generations.
 
 Shall recognize and apply a true value system that takes into
account social and environmental cost implications relative to the
utilization, development and conservation of our natural
resources
 PUBLIC LANDS: ALIENABLE AND
DISPOSABLE LANDS IN GENERAL

 Public Lands refers to such lands of

the public domain as are subject to
alienation and disposal of the State
in accordance with the Public Land
Act.
 REGALIAN DOCTRINE

 All lands and other natural resources are owned

by the State.
 All lands not appearing to be clearly of private
dominion presumptively belong to the State.
 Public lands not shown to have been reclassified
or released as alienable agricultural land or
alienated to a private person by the State remain
part of the inalienable public domain.
 It reserves to the State all natural wealth that
may be found in the bowels of the earth even if
the land where the discovery is made private.
 DEPARTMENT OF ENVIRONMENT AND
NATURAL REOURCES (DENR)
 Shall be primarily responsible for the
implementation of the foregoing policy.

 Shall be in-charge of carrying out the

State’s constitutional mandate to control
and supervise the exploration,
development, utilization, and conversion
of the country’s natural resources.
OFFICERS CHARGED WITH THE ADMINISTRATION OF
PUBLIC LANDS

 Secretary of Natural Resources –

chief executive officer charged to
carry out the provisions of the Public
Land Act

 Director of Lands- under the

immediate supervision of the DENR
Secretary
OFFICERS CHARGED WITH THE ADMINISTRATION OF
PUBLIC LANDS
 Duties:

a. Direct executive control over surveys, classifications, leases, sales

and other forms of concession or disposition and management of
public lands;

b. Preparation and issuance of forms, instructions, rules and

regulations as may be necessary and proper to carry into effect
the provisions of the Public Land Act, and for the conduct of
proceedings arising thereunder, subject to the approval of the
Secretary( Commonwealth Act No. 141, sections 3,4, and 5)

c. Quasi-judicial officer- he makes findings of fact and even passes

upon questions of mixed fact and law, and considers and decides
the qualifications of applicants for the purchase of public lands.
 ORGANIZATIONAL STRUCTURE - OFFICERS
CHARGED WITH THE ADMINISTRATION OF PUBLIC
LANDS

Note: The decision on the construction of the Public Land Act

are entitled a great respect by the courts. The decisions of the
Director of Lands as to question of facts are conclusive when
approved by the Secretary (Doctrine of Primary
Jurisdiction)

d. He represent the state in a reversion proceedings and may

file an action for the cancellation of patent and title acquired
through fraud

e. Regulate the occupation or provisional use of public lands 

 CLASSIFICATION OF LANDS

 Lands of public domain - either

alienable or inalienable
 Lands of private domain - refers to
land belonging to and owned by the
State as a private individual, without
being devoted of national wealth;
similar to patrimonial properties of
the State
CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN
UNDER THE CONSTITUTION

 SECTION 3.  LANDS OF THE PUBLIC DOMAIN ARE

CLASSIFIED INTO:
1. Agricultural
2. Forest/timber
3. Mineral lands
4. National Parks
 Note:
- Classification of public lands is an exclusive prerogative of
the Executive Department through the Office of the
President, upon recommendation by the DENR
- Classification is descriptive of the legal nature of the land
and NOT what it looks like.  Thus, the fact that forest land is
denuded does not mean it is no longer forest land.
 CLASSIFICATION OF ALIENABLE AND
DISPOSABLE LANDS

 For the administration and disposition of alienable and

disposable lands, they are classified under the Public Land
Law according to the use and purposes to which such lands
may be destined, as follows:

1. Agricultural ( farm land)

2. Residential, commercial, industrial, or for similar
productive purposes;
3. Educational, charitable, or other similar purposes; and
4. Reservations for town sites and for public and quasi-
public uses
 PREREQUISITE FOR DISPOSITION

 Before any public land may be alienated or disposed of, it is

indispensable that there be a formal declaration by the
President upon recommendation of the Secretary of
DENR to the effect that such lands are open to
disposition or concession, and whenever practicable the
lands should have been previously surveyed.

 Alienation or disposition or concession as used in

Public Land Act is meant any of the methods authorized by
the said law for the acquisition, lease, use or benefit of the
lands of the public domain other than timber or mineral
land.
 I. AGRICULTURAL PUBLIC LANDS

MODES OF DISPOSITION:
1. For homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect or incomplete
title
 Judicial legalization
 Administrative legalization ( Free Patent)
 
 A. HOMESTEAD SETTLEMENT
 Entitled to Patent:
1. Any citizen of the Philippines over 18 or head of
the family may enter a homestead of not exceeding
12 hectares of agricultural land of public domain.
2. The applicant must, cultivate or improved at least
1/5 of the land continuously since the approval of
the application.
3. Must have resided for at least 1 year in the
municipality or municipality adjacent in which the
land is located.
4. Payment of required fee
 HOMESTEAD SETTLEMENT

 EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS

 When a homesteader has complied with all the terms and

conditions which entitle him to a patent for a particular
tract of public land, he acquires a vested interest therein,
and is to be regarded as the equitable owner thereof
 The execution and delivery of the patent, after the right to
a particular piece of land has become complete, are the
mere ministerial acts of the officer charged with that duty
 Even without the patent, a perfected homestead is a
property right in the fullest sense, unaffected by the fact
that the paramount title to the land is still in the
government
 HOMESTEAD SETTLEMENT
 TRANSFER OF RIGHTS
 The applicant must prove to the Director of Lands that he has already
complied with all the requirements of the law and can no longer
continue with this homestead, and there is a bona fide purchaser for
the rights and improvements of the applicant on the land.
 Upon the approval of the Director of Lands, may transfer his rights to
the land and improvements to any person legally qualified to apply
for a homestead.
 Immediately after such transfer, the purchaser shall file a homestead
application to the land.

Note: Any person who has transferred his right may not again apply for
a new homestead. Every transfer without the approval of the Director
of Lands shall be null and void and shall result in the cancellation of
the entry and the refusal of patent.
 B. SALE OF PUBLIC AGRICULTURAL LANDS

 Any citizen of lawful age or the head of the family may

purchase any tract of public agricultural land not to exceed
12 hectares which shall be sold through sealed bidding
 The land shall be awarded to the highest bidder, but the
applicant may equal the highest bid
 The purchase price may be paid in full upon the making of
the award or in not more than 10 equal annual installments
from the date of the award
 It is required that the purchaser shall have not less than 1/5
of the land cultivated within 5 years from the date of the
award, and before any patent is issued, he must show
actual occupancy, cultivation and improvement of at least
1/5 of the land until the date of final payment
 C. LEASE
 Any person or 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.
 LEASE
 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.
 D. CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLE

 BY JUDICIAL LEGALIZATION

 REQUISITES FOR AVAILMENT:

1. The applicant must be a Filipino citizen

2. He must have, by himself or through his predecessors in
interest, possessed and occupied an alienable and
disposable agricultural portion of public domain.
3. Such possession and occupation must have been open,
continuous, exclusive, notorious and in the concept of
owner, since June 12, 1945
4. The application must be filed with the proper court
 CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLE
 BY ADMINISTRATIVE LEGALIZATION ( FREE PATENT)

 REQUISITES:
1. Must be a natural-born citizen of the Philippines who is not the
owner of more than 12 hectares
2. At least 30 years prior to the effectivity of the amendatory Act,
he has continuously occupied and cultivated the land, either by
himself or through his predecessors-in-interest
3. Payment of real estate taxes
4. Application shall not extend beyond December 31, 2020 (RA
9176)
5. Notice thereof has been published in the municipality/barrio
where the land is located and adverse claimants have had an
opportunity to present the
 II. LANDS FOR RESIDENTIAL, COMMERCIAL
OR INDUSTRIAL PURPOSES

Lands are classified as:

1. Lands reclaimed by the government by dredging, filling or

other means
2. Foreshore
Note: The first two shall be disposed of by lease only
3. Marshy lands or lands covered with water bordering on the
shores or banks of navigable lakes or rivers
4. Lands not included in any of the foregoing classes
Note: The last two may be sold with the condition that
the purchaser shall make improvements of a permanent
character appropriate for the purpose for which the land is
purchased within 18 months from the date of the award.
 LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES
SHALL BE DISPOSED OF THROUGH ORAL BIDDING (SECTION 67, CA
141); EXCEPTION (DIRECT SALE)

 Republic Act 730 allows the direct sale of public lands for
residential purposes to qualified applicants under certain
conditions:

1. Filipino citizen of legal age

2. Must not be the owner of a home lot in the municipality or
city in which he resides
3. Have established in good faith his residence on a parcel of
public land which is not needed for public service
4. Have constructed his house and actually resided therein

 If the applicant complies with the above, he is given preference

to purchase at a private sale not more than 1000 sq.m. of land
at a price to be fixed by the Director of Lands.
III. LANDS FOR EDUCATIONAL, CHARITABLE,
AND OTHER SIMILAR PURPOSES
 The President upon recommendation of the Secretary
of Environment and Natural Resources may execute
contract for sale or lease a portion of public land when
needed by any province, municipality, or other branch
or subdivision of the government, for the purpose of
founding a cemetery, church, college, school,
university, or other institutions for educational,
charitable, or philanthropical purposes or scientific
research, the area to be such as may actually and
reasonably be necessary to carry out such purposes
 The Secretary of DENR may order the sale to be made
without public auction, at a price fixed by him.
 IV. RESERVATIONS
TOWNSITE RESERVATION
Whenever it shall be considered to be in the public interest to found a new

town, the Secretary of Environment and Natural Resources shall direct the
Director of Lands to have a survey of the exterior boundaries of the site on
which such town is to be established, and upon the completion of the
survey he shall send the same to said Secretary, with his
recommendations.
The Secretary, if he approves the recommendations of the Director of

Lands, shall submit the matter to the President to the end that the latter
may issue a proclamation reserving the land surveyed, or such part thereof
as he may deem proper, as a town site.

RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES

Upon the recommendation of the Secretary of DENR, the President may

designate by proclamation any tract/s of land of the public domain as

reservations for the use of the RP or any of its branches, or of the
inhabitants thereof, in accordance with the regulations prescribed for this
purpose, or for quasi-public uses or purposes when the public interest
requires it
 REGISTRATION OF PATENTS AND
ISSUANCE OF CERTIFICATES OF TITLES

 The patent or grant shall not take

effect as a conveyance or bind the
land but shall operate only as a
contract between the government
and the grantee. It is the act of
registration that conveys or
affects the lands, and binds third
person.
 CERTIFICATE OF TITLE ISSUED PURSUANT
TO A PATENT INDEFEASIBLE
 Registration under the Torrens System gives security over
the ownership of the land; it becomes private property and
it is no longer subject to the disposition of the Director of
Lands.
 It has in its favor the presumption of regularity
 It becomes incontrovertible upon the expiration of 1 year
from the date of the order for issuance of the patent, hence,
prescription cannot operate against the registered owner.
 
 TITLE NOT DEFEATED BY ADVERSE, OPEN AND
NOTORIOUS POSSESSION. NEITHER CAN IT BE
DEFEATED BY PRESCRIPTION. A CERTIFICATE OF TITLE
CANNOT BE COLLATERALLY ATTACKED.
 REVERSION
 Fraud had been committed in securing such
title

 Reversion of land acquired through fraud

- The uncontroverted rule is that, the doctrine of
indefeasibility of Torrens Title does not bar the
filing of an action for cancellation of title and
reversion of land even if more than one year
has elapsed from the issuance of the free
patent in case of fraud in obtaining it.
 GOVERNMENT MAY INITIATE ACTION FOR
CANCELLATION OF TITLE AND REVERSION

 Section 101 of Public Land Act provides for a

remedy whereby lands of the public domain
fraudulently awarded to the applicant may be
recovered or reverted back to its original owner,
the government

 Office of Solicitor General shall represent the

government in all land registration and related
proceedings and institute actions for the reversion
to the government of lands of the public domain
and improvements thereon as well as lands held in
violation of the Constitution
 Note: Reversion does not apply to transferees, who are
innocent purchasers. It only applies to the applicant who
committed fraud in securing such title.

 PRIVATE PARTY CANNOT BRING ACTION FOR

REVERSION
-If there has been any fraud or misrepresentation in
obtaining the title, an action for reversion instituted by
the Solicitor General would be the proper remedy

 ACTION FOR REVERSION NOT BARRED BY

PRESCRIPTION, LACHES
- Statute of limitations doesn’t run against the State