Commonwealth Act 141

The Public Land Act

Purpose

Approved on November 7, 1936, it was enacted to amend and compile laws relative to lands of the public
domain .

Section 4 gives the Director of Lands, (DENR Secretary) direct executive control of the survey , classification,
lease, sale or other form of concession or disposition and management of the lands of the public domain .

Section 6 empowers the President with recommendation of the Secretary, to classify from time to time the
lands of the public domain into a) A and D, b) Timber and c) Mineral lands . Section 7 also empowers
President to declare what lands are open for disposition or concession .
According to Purpose, A & D may be -

a) Agricultural
b) Residential commercial or industrial or similar purpose
c) Educational, charitable or other similar purpose
d) Reservation for town sites and for public and quasi public purpose

Agricultural lands may be disposed of

1) By homestead settlement
2) By sale,
3) By Lease
4) Confirmation of imperfect or incomplete titles , judicial or administrative
CA 141 is the law which enables(ed) DENR to
dispose public A & D
Despite the passage of RA 9176 the Public Land Act of 2002, there is need to understand what the basic law
on public lands provided for in the disposition of A & D lands by government because patents and
homesteads previously issued are still existing in the Registry of Property and maybe in the hands of
awardees.

The Secretary is vested with quasi judicial function with power to pass upon mixed questions of fact and law,
in determining whether or not the applicant for sales application, homestead or free patent meets the
qualifications . Sections 12 to 21 of CA 141 deal with grant of homesteads , Section 22 to 32 deal with sales .
Sect. 33 to 43 , leases Sections 44 to 46 , with free patents and Sec. 47 through 57 provide for JUDICIAL
CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES .
Procedure for confirmation of imperfect title
has been terminated on 12-31-2020
The DENR issues homesteads, patents and other sales certificates over public A & D lands in favor of
qualified applicants. If not registered, they are the so- called imperfect titles that need to be confirmed
judicially and the law that governs their confirmation is CA 141 . The period of confirmation has been
extended from time to time , the two latest ones being PD 1073 which set the limit to December 31. 1987
and R.A. 9176 which extended it to December 31, 2020. Another form of incomplete title is the Spanish title
but the period for their confirmation has expired and if they were not confirmed the owner must apply as if
the land is unregistered.

PROCEDURE : Sec. 48 a and b of CA 141 are almost identical to Sec. 14 of PD 1529 in providing for what
lands are subject, who can apply, length of possession and the manner or concept of such possession.
CA 141 as amended repeatedly , identifies the person qualified to apply for patents homesteads or otherwise
public A & D land who have been occupying land or claim to own such land but whose titles have not been
perfected . They are :

a) Repealed (pertaining to those who acquired prior to transfer of sovereignty from Spain to US ):
b) Those who by themselves or through their predecessors in interest have been in open continuous,
exclusive and notorious possession of agricultural lands of the public domain under bona fide claim of
acquisition of ownership since June 12, 1945 or earlier, or immediately preceding the filing of the
application for confirmation of title, except when prevented by war or force majeure. These shall be
conclusively presumed to have performed all the conditions essential to a Government grant and shall
Entitled to a certificate of title under the provisions of this chapter.

c)Included by virtue of PD 1073 -Members of the national cultural minorities who by themselves and
through their predecessor in interest … under bonafide claim of ownership for at least thirty years shall be
entitled to the rights granted under subsection b) hereof.

As to form, content, notice, mailing, posting they are the same as applications for registration fo title under
PD 1529. Section 50 of CA 141 states , in second paragraph, that the “application shall conform as nearly as
may be in material allegations to the requirements of an application for registration under the Land
Registration Act and shall be accompanied by a plan fo the land and all documents ….:”
Effect of judicial confirmation of imperfect
titles
Once confirmed, the land is brought under the Torrens system of registration under the operation of PD
1529, and such certificate of title or OCT is evidence of an indefeasible title to property in favor of the person
whose name appears thereon. See Rep v CA. January 21, 1999.

Registration does not by itself vest title but it merely confirms the registration of the applicants’ already
existing title. See Republic v. Heirs of Alejaga .

Decisions tend to establish that the indefeasibility of the title issued by virtue of a patent sets in after one
year from the date of issuance of the order for issuance of the patent. Unlike in ordinary LRC s, there is no
decree to review.
Homestead Patents

Homestead - No definition is provided in CA 141

Dictionary definitions say it is a dwelling with its land and buildings, usually used as a farm and given by the
government. It is not restricted to agricultural districts but can also be grants in urban areas.

To whom awarded : Filipino citizen above 18 or head of family, resident of the municipality where land is
situated or in adjacent municipality, of at least 1 year, not owner of more than 5 hectares as conformed to
RA 6657 (previously 24) hectares, Applicant must occupy land within 6 months from date of approval of the
application, and must cultivate ⅕ of area within 5 years but in no case earlier than 1 year after the date of
approval of patent
Sales Patent by Sales application with DENR

Secretary announces by newspaper and by Official Gazette, public agricultural lands available for sale . Any
citizen or corporation can bid and post at least 10% of the amount of bid , to be retained and later applied as
purchase price.

Who can apply - Citizens above 18 or head of family , may buy not more than 12 hectares Ownership in
excess shall revert to the State

Conditions: he must cultivate at least ⅕ of land within 5 years from date of award or auction (sealed bidding) ,
shall have established actual occupancy cultivation and improvement of at least ⅕ of land until date of final
payment.
For sales patents suitable for
residential/commercial/industrial
Applicant must fully pay purchase price before issuance of sales patent, if improvements shall be introduced,
they must be constructed within 18 months from date of the award.

For residential purpose, applicant must be citizen of legal age , does not own a homelot in the municipality in
which he resides, and occupies the land in good faith that the same is no longer used for public service, ,
not exceed 1,000 sq m. In sales patent for residential purpose, no publication is required.

See Rep Act 10023 An Act Authorizing Issuance of Free Patents to residential aLands March 9, 2010
New residential patents

Who can apply - citizens - even dual citizens Sec. 21. Up to 2.1.4 and any person who either by himself or
through predecessor in interest is occupying, living in m inhabiting or staying in a structure, the primary
purpose of which is to serve as the residence of such person, situated on the parcel of residential land subject
of the free patent. Sec. 2.2 See AO 201-10 for IRR implementing RA 10023

Requisites : land must be in zoned areas as mixed residential and commercial or mixed residential and
industrial as certified by LGU , A/D classified as agricultural , townsite reservations

Area allowed: highly urbanized not to exceed 200 sq.m. ; for other cities not more than 500 sq.m. for 1st and
2nd class municipalities , 750 sqm, others 1,000 sq.m.
Removal of restrictions on residential patents

Sec. 9 of IRR removes restrictions on Section 118 of CA 141 - not to be subject of encumbrance or alienation
within 5 years from date of approval of the application

Section 119 on repurchase by widow or legal heirs is also inapplicable. See other provisions up to Sec. 122 of
CA 141 , they are not applicable to residential patents.
Lease

This is not actually an alienation. Lease can cover 1,024 hectares of public agricultural land, for a period or
not more than 25 years, renewable for like period in case lessee shall have introduced important
improvements and renewal if justified in the discretion of the Secretary . All improvements shall become
property of the State and shall be disposed of under the chapter on sales.

Section 19 lays an essential condition, that the lessee shall not have less than ⅓ of the land broken and
cultivated within 5 years after approval of the lease . If land is to be developed to pasture, i t is sufficient
compliance with this condition if the lessee shall graze .. as many head of cattle as will occupy … ½ of entire
aea at the rate of 1 head per hectare.
Free patents - Agricultural

Qualified person - Filipino natural born citizen, who has been in continuous occupation for at least 30
years prior t0 the effectivity of RA 6940 on March 28, 1990 and who shall have paid the real estate tax
thereof while the same has not been occupied by any person.

He must not own more than 12 hectares (PD 1073) , the land applied for must be fully cultivated/

This mode of purchase from Government has been suspended or discontinued since December 31. 2020.. ,
How are these forms of imperfect titles
registered
Sec.103 PD 1529 provides that it shall be the duty of the official issuing the instrument of the alienation,grant
or patent or conveyance on behalf of the government to cause such instrument to be filed with the Register
of Deeds ...and to be there registered like other deeds and conveyances , whereupon, a certificate of title
shall be entered as in other cases of registered land, and owner’s copy to be issued to the grantee.

If not registered, the conveyance is a contract between grantee and Government.

EFFECT - These lands shall be deemed to be registered land to all intents and purposes under this Decree. It
enjoys indefeasibility.
The registered patents are however open to
attack even after the lapse of 1 year
The administrative determination of the Director of Lands (Secretary) is not conclusive upon the courts. The
power and authority given to the Director of Lands to alienate and dispose of public lands does not divest
court of their information over possessory information.

Sec.90 a through g of CA 141 sets the allegations or statements of the applicant of his personal as well as
situational qualifications to be an awardee. Section 91 makes those statements as parts of any concession,
title or permit .. and any false statements therein or omission of facts altering, changing or modifying the
consideration of the facts , and any subsequent modification of material facts … shall ipso facto produce the
cancellation of the concession, title of permit.
Rep v. Guerero , March 28, 2006

BG applied for sales patent with DENR and one was issued in August 1982. He was issued an OCT in his
name. IN July 1983 Angelina Bustamante AB filed a protest with Bureau of Lands. She appealed the
dismissal of her protest by the Secretary to the OP which ordered an investigation . The investigation team
found that AG s husband was cultivating 83 sq m out of 173 total. OP issued an order directing amendment
of the plan and technical descriptions in the OCT and the Bureau of Lands filed the petition for amendment
with the RTC . The RTC denied the petition ruling that the OCT in the name of BG acquired the characteristic
of indefeasibility after one year from the entry of decree of registration.

ISSUE : Was there fraud which will have the effect of setting aside or cancelling an original title already issued
There was no allegation nor evidence of fraud

Contention of AB was that BG committed fraud in alleging that he is in possession of the entire landholding .
There was however no allegation how such fraud was committed even despite the finding that her husband
was also in possession.

A review of a title that has attained incontrovertibility, has to conform with Section 38 of Act 496 (now Sec. 32
PD 1529) since the OCT is already enrolled in the Torrens system of registration. Court finds that there is no
actual nor extrinsic fraud, the protest was filed beyond the one year period, and filed with the Bureau of
lands instead of the court. Instead, Court finds that the Bureau of Lands ,has conducted the requisite
investigation site verification.
The ruling confirms with Pena s and other legal authorities that titles issued conformably with the Public
Land Law must be respected to avoid confusion, uncertainty and suspicion on the government’s system of
distribution of public agricultural lands. If registered patents are made open to attack based on fraud, the
proper remedy for the private party is to file for reconveyance and if the land has passed to an IPV,
damages.
Restrictive period in alienation of homesteads
and patents
Sec. 118 Except in favor of Government or any of its branches, units or institutions or legally constituted
banking corporations , lands acquired …. Shall not be subject to encumbrance or alienation from the date of
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.

Effect of illegal sale or mortgage: it is null and void. As the registered patentee, it is as if there was no sale. It
is also a violation where the payment of the purchase or of the loan was to be made after 5 years . A contract
of sale or contract to sell shall likewise be invalid if made within 5 years.
The illegal sale/encumbrance gives rise to right
to repurchase that does not prescribe
Situation: A homestead patent is sold within 5 yr period. After 5 years homestead owner offers to repurchase
but vendee refuses. Can vendee refuse? No, the ownership of the land never transferred from awardee to
him.

If after the 5 year period, same land is sold, will right to repurchase still be available? Yes see Section 119 ,
within a period of 5 years from the date of conveyance.

In all cases of illegal sale, the Government has sufficient cause for reversion of the whole estate to the State.
On its behalf, reversion is filed by the Solicitor General.
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 5 years from the
date of the conveyance.

Corporations not qualified for sale, patent and homestead under Sec. 121.-”Except with the consent of
grantee, and the approval of the Secretary of Agriculture and Commerce, and solely for commercial,
industrial, religious or charitable purposes or for a right of way, no corporation association, or partnership
shall acquire or may have any right title or interest or property right whatsoever to ...free patent, homestead
or individual sale .
What are Concessions ?

Concessions for Public lands suitable for Residence, Commerce and Industry (Lease or Sale)

Sec. 58 to 82 of CA 141 refers to to tract of land of the public domain, being neither timber or mineral , is
intended for residential , commercial or industrial : a) lands reclaimed by the Govt, b)foreshore , c)marshy
lands covered with water bordering banks of rivers or shores, of lakes, and d) lands not included in these
classes

May be leased for class a to c , or sold (not exceeding 48 hectares )

Selling shall be conditioned upon determination that they are no longer needed
There are restrictions to leases in Sections 62 to 64 a) through h for lands leased or sold , under Section 65
for sales .

Concessions for lands for educational, charitable and other similar purposes

Sec. 69 and 70 allows any province, municipality or any branch of government to request and the President
upon recommendation of the Secretary to approve and he may execute contracts over land of the public
domain for these purposes. The same for the purpose of founding a cemetery, a church college of school
university, or other institutions for educational charitable or philantropical purpose. - Limit : 96 hectares
Sec. 71 to 82 pertains to townsites that will still be founded . The President can reserve a site and issue
proclamation to reserve ita s townsite .

Avenues, streets and alleyways parks and squares shall be included in the survey subdividing the
residences .

Sec. 83 -82 pertains to Reservations for Public and Semi Public Purposes. Highways, right of ways, railways,
hydraulic power sites, irrigations systems, communal pastures , public parks , quarries etc for the public
benefit.
Land for exclusive use of non Christian
Filipinos
Sec.84 the President by proclamation may designate land of the public domain for exclusive use of non
Christian Filipinos

Those who are in possession or use of land 4 or more hectares by area, for each male member over 18 years
of age or head of family . Titles shall be by patent, and if the Secretary of the Interior shall certify that the
majority of the non Christian inhabitants of any given reservation have advanced sufficiently in civilization
their patents shall be taken into consideration in the final disposition of the reservation .
AMENDMENTS via R.A.
11573
This law amended PD 529 as well as CA 141
 The law ensures
continued titling of
agricultural lands