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Act 926 summary Sec 5.

If the chief of BPL after due notice, that the


Enacted: October 7, 1903 homesteader voluntarily abandoned the land for
more than 6months during the 2 year of residence,
Homesteading the BPL may cancel the entry
Selling
Leasing Sec 6. 1 homestead per person.
Townsite establishments
Completion of imp title thru court proceedings Sec 7. Due notice shall be given to the public
before the applicant shall submit proof of
HOMESTEAD compliance.
Sec 1. Who is a qualified applicant for homestead
application? Sec 8. Any person may file a petition against the
- Any citizen of the Philippines/US homestead entry. Charging that:
- Age above 21 years old or head of family 1. The land is not unoccupied, unreserved, or
- Not an owner of more than 16 has of land unappropriated agricultural land at the time
of filing
How many hectares? 2. Alleging disqualification of entryman
- 16 has of unoccupied, unreserved, 3. Non-compliance with law as to residents or
unappropriated agricultural public land. cultivation
4. Or others
Sec 2. Where to file an application for homestead? If proven, cancellation of entry.
- File with land officer or with the chief of BPL
Sec 9. No patent unless surveyed under direction
What to prove? of chief of BPL.
- That the applicant possesses none of the Cost shall be borne by the insular government.
disqualifications.
- That the land is for actual settlement and SALE
cultivation Sec 10. Who may buy a portion of agricultural
- That the land is not directly or indirectly for public land?
the use of or benefit of any other person - Any citizen of the Philippines/US/corp/assos
- That the land is non mineral
- Does not contain valuable deposits of coal What land is open or purchase?
and salt - Unoccupied, unappropriated, unreserved
- More valuable for agricultural than forest non mineral agricultural public land.
- Not occupied by any other person How many hectares?
- Show boundary of land - 16 has for individual
- 1024 for corp/asso/unincorp
Sec 3. No certificate/patent shall be issued until 5
years after date of filing expires. Within 3 years Sec 11. In case the land to be sought exceeds 64
after that said expiration, the applicant shall prove has, it must be a contiguous squares which shall
by 2 witness that he resided upon the land for the contain 64 has each.
last 2 years.; and cultivated the land for 5 years Provided, there must be a 32 has purchased
after application. No one should gain any such control of any
The applicant shall prove that there are no adjacent land, water, stream, shoreline, way,
encumbrances. roadstead or other valuable right prejudicial to the
If the applicant died before issuance of title, the interest of public
widow shall be entitled to the patent
In case there is no widow, the interest of the Sec 12. Where to file?
applicant shall descend and patent shall be issued - File with land officer or chief of BPL.
to the person who would have taken had the tile What must be stated under oath?
been perfected by patent before death - The citizenship and post-office address
- Location of land
Sec 4. No land shall be mortgaged or under lien - Description of land
prior to issuance of patent. - If any portion is occupied
- That it is non mineral, non forest
Sec 13. Duty of chief of BPL is to examine all - Any corp/assoss
application to purchase. And whether the applicant
is qualified. Whether the land is non mineral or non What portion of public domain is available for
forest. lease?
Secretary of interior, after approving, shall order the - Unoccupied, unreserved, nonmineral
sale to be made agricultural publicland.

The chief of BPL shall appraise the land which shall How many hectares can an individual/corp/assos
not be less than 10 pesos/hectares. lease?
- 1024 has
Sec 14. All bids must be sealed and addressed to
the chief of BPL. Enclosed is 25% of the amount of No lease shall interfere with prior claim unless
bid. consent of claimants are obtained or such claim is
No bid is accepted if less than the appraised value extinguished.
of land.
Sec 23. Leases must be made of contiguous legal
Sec 15. Land is awarded to the highest bidder. subdivisions.
If the bid of the applicant is not the highest, then the
chief of BPL shall submit the land for public bidding. If the land sought for lease exceeds 64 has, it must
be in contiguous squares which shall contain
Sec 16. Amount is paid in equal annual payments. atleast 64 has each.
Or one instalment, at expiration of 5 years from And there must be one rectangular 32 has
date of award.
All sum remaining after date of award, shall bear Lease must not take control of adjacent land, water,
6% per annum. stream, shoreline, way, roadstead

Sec 17. No patent unless the land is surveyed, with Sec 24. Lease must be executed under oath and
accurate plat. filed with land officer or chief of BPL.
Cost is borne by the purchaser if corp, but
government if individual. Applicant must show:
No patent until after expiration of 5 years from date 1. Citizenship and address
of award. And show actual occupancy, cultivation, 2. Location of land
and improvement or 5 years after date of award 3. Description of land
that no encumbrance. 4. Statement that land is nonmineral
5. More valuable than agricultural than forest
Sec 18. If after date of award and before issuance purposes.
of patent, the chief of BPL proved that the 6. For corp/assos, file evidence of their legal
purchaser voluntarily abandoned the land for more existence and authority to transact business
than 1 year at any time, or failed to comply, the land
is reverted to the government. Sec 25. Applicants must publish a notice of intent to
lease the land.
Sec 19. Only one purchase for max of land by one
person/corp Sec 26. The chief of BPL shall examine the
application, whether the applicant is qualified, the
Sec 20. if the purchaser died before patent, the land is not forest purposes, and non mineral.
distributes of his estate may claim the rights of the
applicant. If they perfect the requirement of law, Chief shall report to the Sec of Interior, who shall
patent shall issue to such distributes. approve and issue lease.

Sec 21. Sec 27. Rate/hectare/annum – not less than 50


centavos.
Paid to the chief yearly in advance. First payment is
LEASES before delivery of lease.
Sec 22. Who is qualified to apply for lease of public
domain? Sec 28. Lease period – 25 years renewable for
- Any citizen of the Philippines/ US another 25 years
No patent unless survey by the chief and accurate
Shall not be sublet without approval of BPL and SI plat is made

Sec 29. No lease unless surveys under dir of chief Sec 35. Lands acquired under this chapter shall not
and accurate plat prepares. be encumbered for 7 years from issuance of patent
Cost of survey is borne by the lessee
TOWSITES
Sec 30. Lease shall not confer right to remove Sec 36. When SI thinks that the public needs a
timber except when bureau of forestry so provides townsite reservation from the public land, the SI
in regulations. shall direct the Chief to make a survey of the
Nor shall such lease confer right to remove stone, exterior boundary of the land
oil, coal, salts and other mineral
Sec 37. After survey, the SI shall forward it to the
Sec 31. Violation of forestry regulations shall forfeit PH commission
his last payment and render him liable to immediate
dispossession and suit for damage Sec 38. The commission, if he approves the
recommendation of SI, shall issue a resolution
reserving the land surveyed.

FREE PATENT TO NATIVE SETTLERS Such resolution shall be sent to the chief for the
Sec 32. Any native now as occupant of unreserved, recording then to the ROD
unappropriated agricultural public land,
Sec 39. The chief shall direct the subdivision and
Who has continuously occupied and cultivated the plat of the land.
land since August 1, 1890 or
Sec 40. The commission, by resolution, or the chief
Prior to August 1, 1898 for 3 years prior to said date if no resolution, shall reserve from the land to be
and who has been continuously since July 4, 1902 platted, lots of sufficient size, necessary avenues,
until effectivity of this act, an occupier and cultivator streets, alleys. Parks, and plaza.
of such land
Sec 41. The plat shall designate lots as business
shall be entitled to have a patent without lots and the remaining as residence lots.
compensation for an area of 16 has. It shall note lots owned by private individuals.

Sec 33. Any applicant must file with chief or land Sec 42. All lots, public or private within the
officer for a patent before January 1, 1923. boundary shall be platted and numbered upon a
general plan o system
Application must be executed under oath, and must
show: Sec 43. The plat of the subdivision shall be
1. Name, age and address of applicant prepared under dir of chief and submitted to the SI
2. He is native for presentation of the commission for its
3. Location of land consideration, modification, amendment, or
4. Description of land approval
5. The land is not claimed or occupied by other
person Sec 44.
6. Date when his ancestor entered into Sec 45.
occupation and began cultivation Sec 46.
7. Description of improvement Sec 47. All lots, except privately owned/claimed,
8. Show name of ancestor parks, public building, public uses, shall be sold.

Sec 34. Chief shall investigate. When satisfied, he Sec 48.


shall cause a patent not exceeding 16 has. Sec 49. Lots for sale are sold at public auction to
the highest bidder
Adverse claimant has an opportunity to present
their claims. Sec 50. Up to 2 residence lots and two business
lots in one townsite per person/corp/assos
an application in writing to the COURT OF LAND
Sec 51. Lots not sold in public bidding shall be sold REGISTRATION.
privately by the chief for not less than their value.
Sec 57. Such claim shall conform to the
Sec 52. requirements of an application for registration under
Sec 53. sec 21 (application shall be in writing..) and
subsequent sections of the LRA of 1902.
UNPERFECTED TITLE, SPANISH GRANTS AND
CONCESSIONS Application shall be accompanied by a plan of the
Sec 54. The following person occupying public land land and all documents evidencing a right on the
whose titles have not been perfected, may apply to part of the applicant to the land claimed.
the COURT OF LAND REGISTRATION for
confirmation of their claims, and be entitled a Upon original registration of land claimed under this
certificate of title. chapter, no fee shall be required for the assurance
fund.
1. All person, prior to transfer of sovereignty to
US, who had paid and fulfilled all the Sec 58. Any application for registration under this
conditions req by the Spanish laws and chapter must secure a survey and plan of the lands
royal decrees for purchase of public land, claimed.
but failed to secure title.
2. All person, prior to transfer of sovereignty to Sec 59. Upon filing of claims and applications for
US, who applied for purchase, had secured registration in the COURT, the same procedure
a survey, auction, and award or right to an shall be adopted in the hearing of such cases and
award, but did not receive title through no appeals as stated in the LRA.
fault upon their part But applications and plan of land claims shall be
3. All person, prior to transfer of sovereignty to forwarded to the chief of BPL.
US, who applied for purchase, secured a
survey and award, did not through Sec 60. It shall be the duty of the examiner of title
negligence upon their part, comply with the to investigate all the facts alleged by the applicant
conditions or any payment, but after survey
and award have occupied the land Sec 61. It shall be lawful for the chief of BPL to file
adversely, except prevented by war or force a petition to the COURT against the claimant of any
majeure land, who shall not voluntarily come in under the
4. All person who were entitled to apply but did provisions of this chapter, praying that the title to
not apply for title, prior to royal decree of any such land be settled and adjudicated.
Feb 13, 1894, but failed to receive title no
default on their part. Sec 62. Whenever lands under this chapter is set
5. All person entitled to a gratuitous title by aside as townsite reservation, it shall be lawful for
“possessory proceedings”, have complied the chief of BPL with approval of SI to notify the
with all the conditions but failed to receive COURT that such land has been reserved, that all
title no default upon their part private lands within the limits shall be brought
6. All person, by themselves or predecessors- within the operations of the LRA, and to become a
in-interest has been OCENPO of registered land.
agricultural public land, for 10 years prior to It shall be the duty of the judge to notify claimants
the effectivity of this act. that such lands must be presented for registration
under LRA and act 627
All person under par 1,2,3,4,5 must establish
proper official record or documents. Sec 63. All proceedings under this chapter shall be
Such requirement shall not apply to the fact of considered as an application for registration of such
adverse possession. land.

Sec 55. Final decrees of the court shall be the basis for the
Sec 56. Any person claiming any land under the OCT
provision of this chapter, who now desire to claim
the right to have such title perfected must present Sec 64. Conflicts shall be adjudicated by the court
Sec 65. Sec 76. Right to use for purposes of power any flow
Sec 66. water in any stream running through or by the land
Sec 67. No title or right to public land be acquired granted to convertible power from which at ordinary
by prescription or by adverse possession. low water exceeds 50 horsepower,

GENERAL PROVISIONS Sec 77. False proof and affidavit= guilty of perjury
Sec 68. Title: PUBLIC LAND ACT Sec 78.

Sec 69. The chief under SI shall prepare and issue


such forms and instructions consistent with this act.

Sec 70. Title to public lands remains in the


government
The chief under SI shall be charged with executive
control of the survey, classification, lease, sale and
other disposition and management of public land.
Decisions of bureau shall be conclusive when
approved by the SI

Sec 71. The civil governor (now president), shall


from time to time by proclamation, designate any
public land as non-alienable, after proclamation,
such land shall be withdrawn from settlement,
entry, sale or other dispositon.

Sec 72. Provincial-secretaries may be designated


as mining recorded

Sec 73. All patents or certificate for lands disposed


under this law shall be prepared in the BPL.
Issued in the name of US and PH gov with
signature of Civil Governor.
Such patents/certificates shall be effective only for
the purposes defined in sec 122 of the LRA.
Sec 122. When a public land is granted by the
state to a person or to a public or private
corporation, the same shall be brought under this
act and shall become a registered land.
The government shall issue the instrument of
conveyance and file it to the ROD like other deeds
and conveyances before such instrument is
delivered to the grantee. A certificate shall be
entered, and an owner’s duplicate certificate issued
to the grantee.
The fees for registration shall be paid by the
grantee.

Sec 74. All person receiving title to the Government


lands, shall hold such lands subject to the same
public servitude (Public servitude is when someone
has a right to use a piece of land or property
without owning it)

Sec 75. The beneficial use of water shall be the


basis and limit of all rights.

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