JO

(2021.05.19)

LAND ACQUISITIONS LAWS

Commonwealth Act 141 of 1936, known as “THE PUBLIC LAND ACT”, was enacted
to provide free titling (free patent) to any government owned land (GOL) public
land or private land cultivated by persons who are not the owner of more than
twenty-four hectares (24acres) may apply for free patent or homestead.

Sec. 118, 119 and 121 are provisions that prohibited any encumbrances, sale or
transfer within five (5) years from the award to the qualified beneficiaries.

SECTION 118. Except in favor of the Government or any of its branches,

units, or institutions, lands acquired under free patent or homestead
provisions shall not be subject to encumbrance or alienation from the date
of the approval of the application and for a term of five years from and
after the date of issuance of the patent or grant, nor shall they become
liable to the satisfaction of any debt contracted prior to the expiration of
said period, but the improvements or crops on the land may be mortgaged
or pledged to qualified persons, associations, or corporations.

No alienation, transfer, or conveyance of any homestead after five years

and before twenty-five years after issuance of title shall be valid without
the approval of the Secretary of Agriculture and Commerce, which
approval shall not be denied except on constitutional and legal grounds.

SECTION 119. Every conveyance of land acquired under the free patent or
homestead provisions, when proper, shall be subject to repurchase by the
applicant, his widow, or legal heirs, within a period of five years from the
date of the conveyance.

SECTION 121. Except with the consent of the grantee and the approval of
the Secretary of Natural Resources, and solely for commercial, industrial,
educational, religious or charitable purposes or for a right of way, no
corporation, association, or partnership may acquire or have any right,
title, interest, or property right whatsoever to any land granted under the
free patent, homestead, or individual sale provisions of this Act or to any
permanent improvement on such land.

The provisions of Section 124 of this Act to the contrary notwithstanding,

any acquisition of such land, rights thereto or improvements thereon by a
corporation, association, or partnership prior to the promulgation of this
Decree for the purposes herein stated is deemed valid and binding;
Provided, That no final decision of reversion of such land to the State has
been rendered by a court; And Provided, further, That such acquisition is
approved by the Secretary of Natural Resources within six (6) months
from the effectivity of this Decree.

On July 10, 1988, RA 6657 or CARP was enacted for the classification of land
including public domain, public or private land to be distributed to landless farmers.
With the prohibition not to transfer to any person other than its beneficiaries for a
period of ten years (10).

On February 15, 2019, Pres. Duterte issued EO. No. 75, directing the government
agencies to identify GOL for distribution of classified land to the qualified
beneficiaries under Commonwealth Act 141 and RA 6657.
On February 22, 2019, a bill passed by congress was signed by Pres. Duterte that
became RA 11231 abolishes Commonwealth Act 141 of 1936, Sections 118, 119
and 121.

On April 19, 2019 the Justice department issued Memorandum Circular No. 19
directing the concern government agencies to act on EO 75 issued by Pres. Duterte.

What is RA 11231?

AN ACT REMOVING THE RESTRICTIONS IMPOSED ON THE REGISTRATION,

ACQUISITION, ENCUMBRANCE, ALIENATION, TRANSFER AND CONVEYANCE OF
LAND COVERED BY FREE PATENTS UNDER SECTIONS 118, 119 AND 121 OF
COMMONWEALTH ACT 141 OTHERWISE KNOWN AS “THE PUBLIC LAND ACT” AS
MENDED.

What is the salient provision of this Act?

Sec. 3 provides;
Agricultural public lands alienated or disposed in favor of qualified
public land applicants under Section 44 of Commonwealth Act No. 141, as amended,
shall not be subject to restrictions imposed under Sections 118, 119 and 121 thereof
regarding acquisitions, encumbrances, conveyances, transfers or dispositions.
Agricultural free patent shall now be considered as title fee simple and shall not be
subject to any restriction on encumbrance or alienation.

Conclusion:

Sec. 3 of RA 11231 did not mention land titles covered in CARP program which are
awarded to the qualified beneficiaries.

Meaning to say that only lands with free patent title mentioned in Sec 3 particularly
“agricultural lands alienated or disposed in favor of qualified beneficiaries” are now
exempted and free for disposal.

The law provides a retroactive effect. Example; a free patent was awarded on 2017,
under the Commonwealth Act 141 as amended they are restricted to any transfer
within five (5) years from the award.

RA 11231 sec. 3, abolishes the prohibition of 5 years of Commonwealth Act 141, Sec
118, 119 and 121. The law shall retroact to 2017 or any year before this law takes
effect. On the other hand, land awarded a free patent title in 2020 after RA 11231,
are already exempted from the imposition of limitations under Commonwealth Act
141.

*CARP title restricted should be 10 years.

*FREE PATENT TITLE can now be transferred.

Sources: Commonwealth 141 of 1936; RA 6657 as amended by RA 11231

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