CA 141

Commonwealth Act No. 141: An act to amend and compile the laws relative to lands of
the public domain. Also known as Public Land Act.
Approved: 7 November 1936
Effective: 1 December 1936
Public Domain: It is the state of belonging or being available to the public as a whole,
and therefore not subject to private ownership.
The administration and disposition of the Friar Lands, being privately owned, have
reverted to or become the property of the Commonwealth of the Philippines.
Friar Land Act 1120 (April 26, 1904): “An act providing for the administration and
temporary leasing and sale of certain haciendas and parcels of land, commonly known
as friar lands”
Executive officer charged in carrying out the provisions of CA 141: Secretary of
Agriculture and Commerce
Who shall act under the Sec. of A & C for the implementation of CA 141: Director of
Lands
Who shall classify lands of the public domain: The President
Who recommends to the President the classification of the lands of the public domain:
Secretary of Agriculture and Commerce
Classification of the lands of the public domain:
• Alienable or disposable
• Timber
• Mineral lands
Alienable and Disposable Land: Lands of the public domain which have been the
subject of the present system of classification and declared as not needed for forest
purposes.
Classification of Alienable and Disposable Lands:
• 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
Quasi-public land: 'Quasi‐public' land is the term used to denote land or space which
serves a public function but which is privately owned.’ e.g. public areas of shopping
centres
Forms of concession agricultural lands?
• Homestead settlement
• Sale
• Lease
• Confirmation of imperfect or incomplete titles
o Judicial Legalization
o Administrative Legalization

Homestead Patent: Homestead Patent is a mode of acquiring alienable and disposable

lands of the public domain for agricultural purposes conditioned upon actual cultivation
and residence.
Who is qualified to apply for homestead?
 Citizen of the Philippines
 At least 18 years old OR head of the family
 Does not own more than 24 hectares of land
Maximum area that can be applied for homestead: 24 hectares
Who approves the application for homestead: Director of Lands
Within six months from and after the date of the approval of the of the application, the
applicant shall begin to work the homestead, otherwise he shall lose his prior right to the
land.
Requirement to be given a certificate or be issued a patent for the homestead?
• At least one-fifth of the land has been improved and cultivated
• The period within which the land shall be cultivated shall not be less than one or
more than five years, from and after the date of the approval of the application.
When can a homestead applicant be represented by another person: If the
homesteader suffer mental alienation, or be incapacitated from exercising his rights
legally.
If a homesteader voluntarily discontinues the homestead, can the application be
conveyed to another person: Yes, given that the person is legally qualified to apply for a
homestead.
Can the homesteader who discontinued homestead be able to apply again for another
homestead: No, any person who has so transferred his rights may not again apply for a
new homestead.
Can a homesteader be allowed to apply for another homestead: Yes, a homesteader
can purchase given that the total landholdings shall not exceed the maximum area
prescribed.
Maximum area for the Permit of Occupation for the “nonChristian Tribes”: 4 hectares
But after one year of the expiration of the permit, the holder of the permit shall apply for
a homestead under the provisions of this chapter, including the portion for which a
permit was granted to him, he shall have the priority.
Who is qualified to purchase agricultural lands?
• Individual (same qualification with homestead)
• Corporation or association:
 60% of the capital stock belongs to the Filipinocitizens
What is the maximum area of the land to be purchased?
• Individual:
o 144 hectares
• Corporation or association:
o 1,024 hectares
• Partnership:
o not to exceed 144 hectares for each member thereof but the total area so
purchased shall in no case exceed the 1,024 hectares
To whom shall the sale of land be awarded: Highest bidder
Responsibility of the purchaser after the date of the award of the sale: The purchaser
shall have not less than onefifth of the land broken and cultivated within five years after
the date of the award.
Additional requirement for the purchaser to be given a patent: The purchaser must show
of occupancy, cultivation, and improvement of at least onefifth of the land applied.
What if the land applied is devoted to pasture: 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.
After how many years, after the grant of the title, can the purchaser convey or encumber
the land purchased: 10 years
Is it allowed for Juan to purchase a 95-hectare land and an adjacent land that is 50
hectares: No, any purchaser of public land may purchase successively additional
agricultural public land adjacent to or not distant from the land first purchased, until the
total area of such purchases shall reach the maximum established.
Who is qualified to lease public agricultural land?
• Individual:
o same qualification with homestead
• Corporation or association:
 o 60% of the capital stock belongs to the Filipino citizens

What is the maximum area of the land that can be leased?

• Individual:
o 1,024 hectares
• Corporation or association:
o 1,024 hectares
• Grazing purposes: 2,000 hectares
Value of annual rental of land leased: 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 made.
How long shall the lease run: Twenty-five years, but renewable once for another period
of not to exceed twentyfive years.
Responsibility of the lessee after the date of the approval of the lease: Inherent and
essential condition of the lease that the lessee shall have not less than one-third of the
land broken and cultivated within five years after the date of the approval of the lease.
Responsibility of the lessee after the date of the approval of the lease if the land is
devoted to pasture: Lessee shall graze on the land as many heads of cattle as will
occupy at least half of the entire area at the rate of one head per hectare.
Can the lessee assign, encumber or sublet his rights over the land: Yes, with the
consent of the Secretary of Agriculture and Commerce.
Does the lessee have the right over the present valuable timber and minerals on the
land being leased: No
Free Patent Title: The issuance of free patents is in line with the New Free Patent Act
that "provides the DENR to process a free patent title application to any Filipino citizen
who is an actual occupant of a residential land”. Also known as Administrative
Legalization of Title.
Who is qualified for the award of free patent?
• Natural-born Filipino citizen
• Not an owner of more than 24 hectares
• Has continuously occupied and cultivated since July 4, 1926
• Have paid real estate tax thereon
Who shall issue the free patent: Director of Lands
Where shall a person with incomplete and imperfect title apply for the Judicial
Confirmation of its title: Court of First Instance
Who is qualified to apply for the Judicial Confirmation of Imperfect or Incomplete Titles:
Any Filipino citizens with a pending registration under the Land Registration Act (Act
496).
What does the Court of First Instance issue to the applicant: Final decree
Who shall issue the Original Certificate of Title: Register of Deeds on the basis of the
decree from the Court of First Instance
What are the classifications of lands disposable for residence, commerce and industry?
• Lands reclaimed by the Government by dredging, filling, or other means;
• Foreshore;
• Marshy lands or lands covered with water bordering upon the shores or banks of
navigable lakes or rivers;
• Lands not included in any of the foregoing classes
What is the mode of concession of lands disposable : Through SALE or LEASE
Who approves the plan of improvements by the purchaser or lessee: Secretary of Public
Works and Communications
What is the mode of concession of lands disposable for Education, Charitable and other
Similar Purposes: Sale, lease, donation, exchange or any other form as stated in the
contract.
If lands are to be sold or leased for educational or charitable purposes, what is the
maximum area allowed: 96 hectares

Reconstitution = Restoration of the instrument or title allegedly lost or destroyed in its

original form and condition. Its only purpose is to have the title reproduced, after
observing the procedure prescribed by law, in the same form they were when the loss
or destruction occurred.
Modes of reconstitution
 Judicially
o Property Registration Decree allows the Judicial reconstitution of lost
or destroyed title. The special procedure is provided for in Republic Act
No. 26.
 Administrative
o R.A. No. 6732, an act which amends certain sections of P.D. No. 1529,
and R.A. No. 26. Administrative reconstitution may be availed of only
when the following requisites concur:
  there is substantial loss or destruction of land titles due to fire,
flood or other force majeure as determined by the Administrator
of the Land Registration Authority;
 the number of certificates of titles lost or damaged should be at
least 10% of the total number in the possession of the Office of
the Register of Deeds; and
 in no case shall the number of certificates of titles lost or
damaged be less than 500.
Sources available as basis for a Petition for Reconstitution
 For reconstitution of Original Certificate of Title (OCT):
o The owner's duplicate of the certificate of title;
o The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
o A certified copy of the certificate of title, previously issued by the register
of deeds or by a legal custodian thereof;
o An authenticated copy of the decree of registration or patent, as the case
may be, pursuant to which the original certificate of title was issued;
o A document, on file in the registry of deeds, by which the property, the
description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its
original had been registered; and
o Any other document which, in the judgment of the court, is sufficient and
proper basis for reconstituting the lost or destroyed certificate of title.
 For reconstitution of Transfer Certificate of Title (TCT):
o The owner's duplicate of the certificate of title;
o The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
o A certified copy of the certificate of title, previously issued by the register
of deeds or by a legal custodian thereof;
o The deed of transfer or other document, on file in the registry of deeds,
containing the description of the property, or an authenticated copy
thereof, showing that its original had been registered, and pursuant to
which the lost or destroyed transfer certificate of title was issued;
o A document, on file in the registry of deeds, by which the property, the
description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its
original had been registered; and
o Any other document which, in the judgment of the court, is sufficient and
proper basis for reconstituting the lost or destroyed certificate of title.
 For reconstitution of liens and encumbrances:
o Annotations or memoranda appearing on the owner's co-owner's
mortgagee's or lessee's duplicate;
 o Registered documents on file in the registry of deeds, or authenticated
copies thereof showing that the originals thereof had been registered; and
o Any other document which, in the judgment of the court, is sufficient and
proper basis for reconstituting the liens or encumbrances affecting the
property covered by the lost or destroyed certificate of title.
Procedure for Reconstitution:
 A petition for reconstitution shall be filed with the proper Regional Trial Court.
 Notice of the petition shall be published and copy of the notice shall be sent to
the concerned parties.
 If the court, after hearing finds the documents and evidence sufficient and proper
to warrant reconstitution, an order of reconstitution shall be issued.
 Thereafter, the register of deeds shall issue the corresponding owner's duplicate
and the additional copies of said certificates of title, if any had been previously
issued, where such owner's duplicate and/or additional copies have been
destroyed or lost. This fact shall be noted on the reconstituted certificate of title.
 The register of deeds shall certify on each certificate of title reconstituted the date
of the reconstitution, the source or sources from which reconstitution has been
accomplished, and whether administratively or judicially.
Requisites for Reconstitution:
 that the certificate of title had been lost or destroyed;
 that the documents presented by petitioner are sufficient and proper to warrant
reconstitution of the lost or destroyed certificate of title;
 that the petitioner is the registered owner of the property or had an interest
therein;
 that the certificate of title was in force at the time it was lost or destroyed; and
 that the description, area and boundaries of the property are substantially the
same and those contained in the lost or destroyed certificate of title.