ACT NO.2874 of 1919 VS ACT NO.
141 of 1936 are considered alienable
FREE PATENT VS HOMESTEAD PATENT
A Free Patent is a mode of disposition of public
agricultural land whereby an incomplete or
imperfect title over parcel of land is
administratively legalized. While a Homestead
Patent is also a mode of acquiring alienable and
disposable lands of the public domain for
agricultural purposes conditioned upon actual
cultivation and residence.
KEYWORDS:
Incomplete and Imperfect Title – There is a
flaw with the transfer of legal rights.
Homestead Patent – Filipinos were given 24
hectares of agricultural land.
ACT 2874 VS ACT 141
The Public Act of 1919 or Act No. 2874 and Act
No. 141 were General Laws governing the
classification, delimitation, survey and
disposition of alienable lands of public domain.
Act No. 141 temporarily provided equality on
the rights of American and Filipino Citizens and
Corporation.
In 1928 – the Department of Agriculture and
Natural Resources became the Department of
Agriculture and Commerce under Sec. Rafael
Alunan Sr.
In Act No. 2874, Section 2, it used the term
Philippine Government while in Act 141, it used
the term Commonwealth, following the
institution of the Commonwealth Government
of the Philippines in 1935, headed by President
Manuel L. Quezon and Vice President Sergio
Osmena.
Further, under the Act 141, Residential Areas
were already included to the public domain that
and open to
disposition.
When it comes to Homestead Patents, under
Section 12 of Act No 2875, the words “or of the
United States” were omitted, implying that the
law somehow favors Filipinos in owning a land
through a Homestead Patent System.
Furthermore, following the Homestead Patent
System, the land that must be cultivated was
reduced from ¼ to ⅕. Also, under Act 141. An
affidavit of two credible witnesses is not
anymore required, it must only be proven that
an applicant continuously resided in that place
for a least one year.
Under Act No. 2874, the Homesteader may only
apply for an additional homestead area
provided that it must lie in the same
municipality or municipal district or in an
adjacent municipality or municipal district of his
current homestead area. Example, I have a
homestead area in Canaman, I can only request
an additional homestead area that is located in
Magarao, Camaligan or Naga City.
However, in Act No 141, Homesteader may be
issued once again with another homestead
area, regardless of his former homestead
provided that his former homestead patent is
less than 24 hectares and his previous and
present homesteads shall not exceed 24
hectares.
A proof that he is occupying and cultivating at
least ¼ of the land is not anymore needed.
Under Act 2874, Any person who has so
transferred his rights may once again apply for a
new homestead. However, in Act No. 141, the
homesteader may not do so unless otherwise
approved by the Government. It shows the
equality that Art 141 is promoting; because with
this, the government’s right is also being
protected; in order for this “privilege” not be
abused by people, by prohibiting a person to
acquire another homestead, if he already
transferred his right.
Act 141 also offered an opportunity for those
landless people by offering Public agricultural
lands which are not located within ten (10)
kilometers from the boundaries of the city
proper in chartered cities or within five (5)
kilometers from the municipal hall or town
occupants plaza of any municipality may be sold
to actual occupants who do not own any parcel
of land or whose total land holdings do not
exceed five hectares and who comply with the
minimum requirements of Commonwealth Act
numbered one hundred forty-one, as amended,
and who have resided on the land applied for at
least two years prior to the date of the
application. – Section 24.
It also shows that Under Act No. 141, farming is
being encouraged by the government. Under
Section 28 of the AN 2874, in order for a person
to sell his land, that it shall be an inherent and
essential condition of the sale that the
purchaser shall have not less than 1/3 of the
land broken and cultivated within five years
after the date of the award.
However, in Act No. 141, that clause was
removed. To encourage the farmers to turn into
livestock, it was stipulated that in case land
purchased is to be devoted to pasture, it shall
be sufficient compliance with this condition if
the purchaser shall graze on the land as many
heads of his cattle as will occupy at least one-
half of the entire area at the rate of one head
per hectare.
More cattle, more land area.
Another manifestation of the promotion of
EQUALITY under Act No. 141.
Act No. 141 offers a win-win situation for both
the government and the farmers.
THE GOVERNMENT ENCOURAGES FARMING BY
GIVING THE LANDLESS FARMERS WITH AN EASY
ACCESS IN ACQUIRING LANDS, PROVIDED THAT
THEY WILL WORK HARD IN CULTIVATING THESE
LANDS. ONE MANIFESTATION OF THIS IS THE
PROHIBITION OF DISPOSING OR ENCUMBERING
THE LANDS TO OTHER PEOPLE WITHIN 10
YEARS, TO ENSURE THAT THE FARMERS WILL BE
RELIGIOUSLY CULTIVATE THEIR LANDS.
When it comes to Lease, in Section 34 of the Act
No. 2874, qualified corporations may, with the
express authorization of the Legislature, lease
agricultural public lands available for lease the
total area of which shall not exceed one
thousand and twenty-four hectares. However,
in Act No. 141, If the land leased is adapted to
and be devoted for grazing purposes, an area
not exceeding two thousand hectares may be
granted.
The Government is encouraging the people to
focus on agriculture and livestock by increasing
the amount of area from 1024 to 2000 hectares
provided that it will be used for grazing
purposes.
QUALIFIED CORPORATION - Any corporation or
association of which at least sixty-one per
centum of the capital stock or of any interest in
said capital stock belongs wholly to citizens of
the Philippine Islands or of the United States,
and which is organized and constituted under
the laws of the Philippine Islands or of the
United States or of any state thereof and
authorized to transact business in the Philippine
Islands, citizens of countries the laws of which
grant to citizens of the Philippine Islands the
same rights to lease public land as to their own
citizens.
Moreover, under Section 37 of Act 141, the
Government sees the leasing of their reclaimed
lands as an income generating opportunity to
fund the Portworks Fund. Hence, exhibits
another manifestation of equality that Act 141
would like to integrate.
Section 37. The annual rental of the land leased
shall not be less than three per centum of the
value of the land, according to the appraisal and
reappraisal except for lands reclaimed by the
Government, which shall not be less than four
per centum of the appraised and reappraised
value of the land: Provided, that 1/4 of the
annual rental of these lands reclaimed prior to
the approval of this Act shall accrue to the
construction and improvement portion of the
Portworks Funds

Appraisal – A sharp estimate of the value of a

something; in this case, a land.

Reappraisal - an assessment of something or

someone again or in a different way.

Portworks Fund - RA 2695 – funded the

investigation and field surveys, research,
planning, development, construction,
improvement, maintenance and repair of ports,
port facilities and port areas, warehouses, sheds
and offices, buoys, lighthouses, and other aids
to navigation, including the purchase,
maintenance, rental charges, and replacement
of necessary equipment.

It clearly shows that Act No 141 provided a

temporary equality on the rights of the
American and Filipino citizens and corporations.
Because in this Act, farmers will have their land
and the as the Government championed for the
development of the agricultural industry as a
viable source for assets towards the
establishment of a strong, concrete and
progressive nation.