FRIAR LANDS IN THE PHILIPPINES

Prepared by:
JD2A
Josephine B. Ku Jr.
Wal Graceter S. Adapang

JD2B
Paulyn A. Samonte

JD2C
Trisha Joi D. Esperanza
Florian S. Andrada Jr.

S.Y. 2022-2023
 A. FRIAR LANDS

I. FRIAR LANDS DEFINED

● Friar: a member of any of certain religious orders of men, especially the four mendicant
orders (Augustinians, Carmelites, Dominicans, and Franciscans).

● Friar land
○ Those which were unassigned villages or lands belonging to the government, or
lands which had been usurped by the religious orders.
○ Huge tracts of land which were owned mostly by three predominant Spanish
religious orders, such as the Dominicans, Augustinians and Recollects.
○ These lands comprise about one-tenth of all the improved lands in the islands.
○ Friar lands are patrimonial property of the State which can be alienated only upon
proper compliance with the requirements of Act No. 1120 or the Friar Lands Act. It
is also reiterated in the case of Jacinto v Director of Lands [1962], 49 Phil. 853]
that friar lands are not public lands but private or patrimonial property of the
government.

II. HISTORY

A. SPANISH PERIOD
● Existence of friar lands in the Philippines can be traced back to the early Spanish colonial
period when Spanish conquistadors were awarded lands in the form of haciendas for their
loyalty to the Spanish crown.
● Approximately 120 Spaniards were granted large tracts of lands. However, Spaniards failed
to develop their lands as they were not expected to permanently stay in the Philippines.
● Spanish friars were able to acquire lands because lands were donated to the friars in
exchange of spiritual favors. Some believe that these lands were usurped by the friars.
● Inquilinato system was put into place. One who rented land for a fixed annual amount, an
inquilino, was expected to give personal services to the landlords. If he or she failed to do so,
he would be expelled from the land. Inquilinos could also lease the land they were renting
from the landlord to a kasama or sharecropper who would be responsible for cultivating the
land. The Inquilinos/mestizos are the actual beneficiaries of the friar lands.
● Hacienda De Calamba Dispute: Hacienda de Calamba was originally owned by a Spaniard
who donated the land to Jesuit friars to allow him to permanently stay in the Jesuit
monastery. However, since Jesuits were expelled from the Philippines, the hacienda went to
the possession of the Spanish colonial government. In 1803 it was sold to Don Clemente de
Azansa. After his death, it was eventually sold to the Dominicans who claimed ownership
until the late 19th century.
 ○ Rizal’s family became one of the principal inquilinos of the hacienda, approximately
380 hectares, where their main crop was sugarcane since it was the most in-demand
in the world market then.
● 1834 and 1846: The church lands were temporarily because of an interruption in the
friendly relations between the Spanish government and the papal court.
● 1851: The breach was healed and the Spanish government guaranteed to the church full
rights to all its lands and properties, “to acquire, hold and enjoy in propriety, and without
limitations or reserve, all kinds” of possessions, values,” etc.

B. AMERICAN PERIOD
● 1898: The Treaty of Paris was signed between the Spanish and American governments to
settle the war between the two countries. The US government agreed to protect the friars’
rights over these. The US purchased some 170,000 hectares of these lands for $7 million for
resale.

III. ACT NO. 1120 (Friar Lands Act), April 26, 1904

Scope

The Philippine government entered into contracts with the Philippine Sugar Estates Development
Company, Limited, La Sociedad Agricola de Ultramar, the British-Manila Estates Company, Limited,
and the Recoleto Order of the Philippine Islands for the purchase of 164,100 and 27 hectares of land
situated in Laguna, Bulacan, Cavite, Bataan, Cebu, Rizal, Isabela, and Mindoro for the aggregate sum
of $7,249,784.06.

The Philippines is empowered to lease said lands after their acquisition for a period not exceeding
three years, and to sell the same. Actual settlers and occupants at the time said lands are acquired
by the government shall have the preference over all others to lease, purchase, or acquire their
landholdings within such reasonable time as may be determined by said government.

Said lands are not "public lands" and cannot be acquired or leased under the provisions thereof.

A. Authorized persons
The Lands Management Bureau is empowered and directed to take charge of the contracts of sale
and purchase and all related documents, title deeds or other papers.

At the time, the then Bureau of Public Lands was tasked with ascertaining the names and residences
of the actual, bonafide settlers and occupants then in possession of said lands or of any portion of
them. They also had to determine whether the occupants desired to purchase or lease their
holdings. [Section 5]
The Chief of the Bureau of Public Lands shall ascertain the names and residences of the actual,
bonafide settlers and occupants then in possession of said lands or of any portion of them. They are
directed to ascertain from said occupants whether they desire to purchase their holdings. [Section
7]

B. If occupants want to lease the land

In case any occupant in possession desire to lease the same, it shall be the duty of the Chief of the
Bureau of Public Lands to see that such occupant attorns in due form to the Government and enters
into a lease with the usual covenants and agrees to pay a reasonable rental for the use and
occupation of his holding. Such rental shall be fixed by the Chief of the Bureau of Lands, but in no
instance shall any lease be made for a longer term than 3 years. [Section 8]

C. Sale of friar lands to settlers or occupants

If the occupants wanted to buy the lands, they were given 15 years from the date of purchase to pay
in annual installments, with an interest of 4% per year. They could extend the contracts of sale for
not more than 10 years from expiration. [Section 11]

That the sale made to an individual shall not exceed 144 hectares and to a corporation shall not
exceed 124 hectares. This limitation shall not apply to sales made to a provincial or municipal
government or to any other branch, subdivision, or entity of the Government. [Section 9]

D. If lands found vacant

If any of the lands were found vacant, the Director of Lands could take possession and charge
thereof, and either lease them for not more than three years or sell them. The limit to this was
previously 144 hectares for individuals and 1,024 hectares for corporations. If any government
entity purchased or leased them however, there was no limitation. [Section 9]

E. If occupants unwilling to buy or rent

If the occupants or settlers were unwilling to buy or rent, the Director of Lands was given the
authority to take legal action to settle title in the Court of Land Registration to settle title. He was
not, however, authorized to sell any of the main hacienda houses or other large and substantial
buildings. [Section 10]

F. Sale subject to a resolutory condition

When the costs are ascertained, the Chief of the Bureau of Public Lands shall give the said settler
and occupant a certificate which shall set forth in detail that the Government has agreed to sell to
such settler and occupant the amount of land, the price so fixed.

Upon the payment of the final installment, together with all accrued interest the Government will
convey, to such settler and occupant the said land so held by him by proper instrument of
conveyance, which shall be issued and become effective. [Section 12]
The acceptance by the settler and occupant of such certificate shall be considered as an agreement
by him to pay the purchase price so fixed and he shall become a debtor to the Government in that
amount together with all accrued interest. Failure on the part of the settler and occupant to comply
with this requirement shall be considered as a refusal to purchase, and he shall be ousted as above
provided and thereafter his holding may be leased or sold as in case of unoccupied lands. [Section
13]

The Government hereby reserves the title to each and every parcel of land sold until the full
payment of all installments of purchase money and interest by the purchaser has been made.
[Section 15]

G. Death of holder of a certificate

In the event of the death of a holder of a certificate, prior to the execution of a deed by the
Government to any purchaser, his widow shall be entitled to receive a deed of the land stated in the
certificate upon showing that she has complied with the requirements of law for the purchase of the
same.

In case a holder of a certificate dies before the giving of the deed and does not leave a widow, then
the interest of the holder of the certificate shall descend and deed shall issue to the persons who
under the laws of the Philippine Islands would have taken had the title been perfected before the
death of the holder of the certificate upon proof of the holders thus entitled of compliance with all
the requirements of the certificate. [Section 16]

H. Failure to pay lease or any installment

In the event that any lessee or purchaser of land should fail to pay his rent or any installment of
purchase money and interest thereon, it shall be the duty of the Chief of the Bureau of Public Lands
at once to protect the Government from loss.

In the case of a lease, when the lessee is delinquent in payment of rent, the Chief of the Bureau of
Public Lands is empowered to declare the lease forfeited and may enforce payment by bringing
suit to recover the same. [Section 17]

I. Approval of Secretary of the Interior

No lease or sale made by the Chief of the Bureau of Public Lands under the provisions of this Act
shall be valid until approved by the Secretary of the Interior. [Section 18]

IV. JURISPRUDENCE

1. Philippine Sugar Estates Development v. Government of Philippine Islands, 247 U.S. 385,
(1918)
The orders, mostly Dominicans, Augustinians, and Recollects, had either kept the lands in the names
of their own religious corporations or conveyed them to private corporations such as the Philippine
Sugar Estates Development Company. The Philippines then used eminent domain to acquire these
lands from the said corporations, obtaining them as patrimonial property.

It is the rule that one alleging a mistake must prove it by clear and convincing evidence.

To set aside and reform or correct that instrument in which a mutual mistake is alleged, it must be
shown by clear and convincing evidence, and by that term is meant the witnesses to a fact must be
found to be credible and that the facts to which they have testified are distinctly remembered and the
details thereof narrated exactly and in due order and that the testimony be clear, direct and weighty
and convincing, so as to enable you to come to a clear conviction without hesitancy of the truth of the
precise facts in issue.

2. Jacinto v. Director of Lands [1926], 49 Phil. 853

Friar Lands are those purchased by the government for sale or actual occupants under the FLA. The
LMB issues a certificate stating therein that the government has agreed to sell the land to such
occupant. Latter shall accept the certificate and agree to pay the purchase price so fixed, in
installments, and at the rate of interest specified in the certificate.

Specifically stated in the Preamble to the Friar Lands Act (Public Act 1120, April 26, 1904), friar lands
are not public lands in the sense in which these words are used in the Public Land Act, numbered nine
hundred and twenty six, and cannot be acquired or leased under the provisions thereof. These so-called
friar lands to which the Government of the Philippines holds title, are not public lands but private or
patrimonial property of the government.

3. Alonso vs. Cebu Country Club, Inc., G.R. No. 130876, December 5, 2003
On January 31, 2002, the Supreme Court set aside the decision of the lower court and the Court of
Appeals, where the Cebu Country Club won, and dismissed all claims and counterclaims and
awarded the Banilad Friar Estate to the Government of the Philippines.

Congress passed Republic Act No. 9443 confirming and declaring, subject to certain exceptions, the
validity of existing TCTs and reconstituted certificates of title covering the Banilad Friar Lands
Estate situated in Cebu. The majority added that the enactment of RA 9443 signifies the Legislatures
recognition of the statutory basis of the Alonso ruling to the effect that in the absence of signature
and/or approval of the Secretary of Interior and Natural Resources in the Certificates of Sale on file
with the CENRO, the sale is not valid and the purchaser has not acquired ownership of the friar
lands.

The reconstitution of a title is simply the re-issuance of a lost duplicate certificate of title in its original
form and condition. It does not determine or resolve the ownership of the land covered by the lost or
destroyed title. A reconstituted title, like the original certificate of title, by itself does not vest
ownership of the land or estate covered thereby.
It is an iron-clad dictum that prescription can never lie against the Government. Possession of
patrimonial property of the Government, whether spanning decades or centuries, can not ipso facto
ripen into ownhe

4. Manotok vs. Barque, G.R. Nos. 162335 & 162605, March 6, 2012
Last March 6, 2012, the SC, in a close 8-7 decision denied with finality appeals made by three
families claiming possession of a 34-hectare prime lot near Ayala Heights subdivision in Quezon
City known to many as the Piedad Estate, one of the biggest pieces of friar land in the country.

In this case, the Manotoks were able to present copies of the Assignment of Sale Certificate No. 1054
from the records of the National Archives and the LMB itself. There would be nothing to assign if the
original Sale Certificate No. 1054 was not conveyed by the government to the original assignors. The
Manotoks were able to prove full payment of the purchase price and they thus acquired full
ownership of Lot No. 823 from the time of full payment. Deed of Conveyance No. 29204 on its face
acknowledges this. The title to Lot No. 823 already passed to the Manotoks who became the
absolute owners of the land on 7 December 1932, the date the Manotoks fully paid Lot No. 823.

Prescinding from this ruling or doctrine in the Jacinto case, the Supreme Court in the case of
Balicudiong v. Balicudiong, 39 SCRA 386, held that one who acquires land under the Friar Lands Act
(Act 1120) as well as his successor-in-interest, may not claim successional rights to purchase by reason
of occupation from time immemorial; that under the Friar Lands Act, only "actual settlers and
occupants at the time said lands are acquired by the government" were given preference to lease,
purchase, or acquire their holdings, in disregard of the settlement and occupation of persons before the
government acquired the lands.

V. EXAMPLES OF FRIAR LANDS

FRIAR LANDS: THE HACIENDAS OF THE AUGUSTINIANS

1. San Francisco de Malabon (General Trias Cavite) - Five out of eight parcels were purchased
from Don Gaspar Godoy on August 26, 1877;
2. Malinta, Bulacan - May 26, 1725 - by Notary Public, Mateo Vasquez, and February 13, 1734 -
Royal Audiencia from various owners;
3. Muntinlupa - Don Antonio Quijano, agent for Augustinian order from various Filipinos, a
license conceded by the royal tribunal of Justice 1655;
4. Tala - When General Miguel Martinez died on August 1, 1715, the Augustinians became
owners of 119 quinones and 8 balitas of a hacienda in Tala which he had owned. In the year
1725 and 1726, they purchased more parts and later they bought the land of the Jesuits and
became the total land owner of this hacienda;
5. Mandaluyong - Auctioned land from Dona Jeronima Venegas in 1675;
6. Cebu - May 27, 1571 given by Legaspi;
7. Talisay, Minglanilla, Pasay;
8. Isabela - April 25, 1880, Government Grant;
 9. Cagayan Valley - September 15, 1877;
10. Orion, Bataan - registered on December 29, 1637 and August 29, 1673. It was acquired from
donations and some attached conditions by some town residents who left it untilled;
11. Sta. Rpsa and Binan Laguna - actually formed one large estate within the municipal
jurisdictions of these two towns. They obtained it in favor of the University of Sto. Tomas in
the course of the 17th Century;
12. Hacienda de Sta. Cruz in Malabon (Tanza) - located in the same town and partly in Naic, plus
a house in Tanza was purchased in the name of the University from Don Diego O’Kenedy and
his wife on April 1761;
13. Pandi Estate (in towns of Bocaue, Sta. Maria, Norzagaray, Bigaa, Angat, and Bustos in
Bulacan) - acquired part by part in the 17th Century;
14. San Isidro Labrador Estate - it was located within the municipal boundaries of Naic, Cavite.
The Dominican order obtained it for 25,000 pesos from Don Jose Orbezua, according to a
notarized statement in Binondo on August 18, 1831; and
15. San Juan Bautista Estate, Calamba, Laguna - Belonged to the Jesuits but claimed by the
Government in 1768 and sold to the Dominicans on November 19, 1832 by Junta Real de
Almonedas for the sum of 51, 263 pesos

FRIAR LANDS: HACIENDAS OF THE RECOLLETOS

1. Hacienda of Imus - It was auctioned by the Royal Audiencia on December 1, 1685 and
transferred the ownership to the recollects on November 5;
2. Hacienda of Bagombayan - Sold by Don Jose de Solis to the Recollects;
3. Third piece of the land of Haciendas - Donated by Dona Hipolita de Zare on November 4,
1666 and later the Hacienda was known as San Nicolas;
4. Tunasan, Muntinlupa Estate - was acquired by General Tomas de Andaya for 12,000 pesos
on April 12, 1895;
5. San Jose in Mindoro - possessed by the Recollects on May 15, 1879 in exchange for a piece of
land in Isabela which the government already donated to them; and
6. Talaja - Hacienda in Morong was owned by a French man Jules Dayllard. It was then sold to
the Recollect order on January 28, 1899.

FRIAR LANDS: JESUIT LANDS

The Jesuit properties were not classified as “Friar Lands”, but they still played an important role in
the agricultural and economic growth of the Philippines:
Their lands were:
1. Those that were the property of the Jesuit Order;
2. Those that belonged to the Colegio Maximo de San Ignacio;
- Owned by the following estates:
- Mayhaligue, Sta. Cruz - after the departure of the Jesuits was set aside to
support the leprosarium of San Lazaro run by the Franciscans
 - Maysilo, Bulacan - was acquired by Don Vicente Dolores Tuason at a public
auction to replenish the royal treasury, a house there used to be a rest house
of the Jesuits
- Piedad - acquired by Don Pedro Gallaraga
- Marikina - acquired by Don Vicente Dolores Tuason
- Payatas - acquired by Augustin del Rosario
- Nasugbu, Batangas - acquired by Don Jose Isaac
3. The Haciendas of the Colegio de San Jose;
- Owned two properties: (1) San Pedro Tunasan, Laguna; and (2) Lian;
- Their revenue was intended to support the faculty, administrator, and eleven
scholars of the College besides certain pious works
4. Properties in the old province of tondo but situated in the municipality of Makati, it
consisted of farm lands and pasturage for cattle and horses;
5. Calamba Hacienda - passed after expulsion to the property of Don Jose Clemente de Azana
and later on to the Dominicans;

FRIAR LANDS: SPANISH FRANCISCANS

In Manila, they founded Santa Ana de Sapa, Paco, Pandacan, Sampaloc and San Francisco del Monte.
With the arrival of more friars, the Province of St. Gregory the Great was finally erected on
November 15, 1586.

In the ensuing years the Spanish Franciscans labored energetically in many places in the country.
Since their arrival until the end of the Spanish rule in 1898, the Franciscans were able to establish
and/or administer 207 towns/parishes in the following areas: Manila, Bulacan, Rizal, Laguna,
Quezon Province, Isabela, Cavite, Batangas, Bataan, La Union, Ilocos Sur, Camarines Norte,
Camarines Sur, Albay, Sorsogon, Burias Island, Marinduque, Mindoro, Samar, and Leyte.

VI. APPLICATION OF FRIAR LANDS IN THE PRESENT DAY

Who are qualified to apply?

● Any Filipino citizen of legal age.

Who shall be given preference to purchase Friar or Patrimonial Lands?

● Those who are in actual occupation of the land during the subdivision survey thereof.(CA 36
dated September 15, 1936 as implemented by LAO No. 10, dated December 8, 1936).

Where should a Friar Land application be filed?

● Friar land applications like any other kind of public land application should be filed at the
CENRO within whose jurisdiction the land applied for is located.
What are the requirements/documents necessary in the filing of a Friar Land Application?
● Application fee of P50.00 and documentary stamps;
● Vicinity sketch plan, approved plan and technical Descriptions of the land applied for;
● Survey of the land if not yet surveyed or subdivided;
● Filing of Friar land application at the CENRO within the whose jurisdiction the land applied
for is located; if the applicant is not qualified under the private sale CENRO shall announce
by bandillo in coordination with the mayor of the municipality where the land is located;
● Conduct preliminary investigation (Information sheet) and appraisal of the land applied for;
● Recommendation for the approval of appraisal and request for authority to sell the land at
private sale or public auction thru oral bidding to the
● Director of Lands Management Bureau;
● Approval of appraisal and grant of authority to sell at private sale or public auction thru oral
bidding by the Director of Lands Management Bureau;
● Posting of notice of sale for not less than thirty (30) days at the bulletin boards of the
following
a. Municipal Hall
b. Barangay Hall, and
c. If practicable, on the land itself

What are the steps leading to the issuance of a Deed of Conveyance/Sale?

● Private sale or public auction thru oral bidding to be conducted by the CENRO concerned;
● Submission of report of private sale or bidding and proofs of posting and payment of at least
10% of the purchase price of the land applied for;
● Preparation and approval of sales contract by the Director of Lands Management Bureau
and the purchaser and its notarization;
● Submission of proof of payment of the full purchase price of the land;
● Conduct of final investigation and submission of report by the CENRO;
● Preparation of the deed of conveyance/sale in favor of the purchaser with the technical
descriptions inscribed at the reverse side thereof;
● Approval of the deed of conveyance/sale by the Director of Lands Management Bureau and
its notarization thereof;
● Transmittal of the original copy of the deed of conveyance/sale duly numbered and bearing
the seal of the LMB to the Register of Deeds concerned for the issuance of the corresponding
Transfer Certificate of Title to the purchaser.

Requirements on the issuance of Deed of Sale Under Friar Lands Act

● Friar lands application duly accomplished by the applicant/s and acknowledged/ratified
before an authorized officer/official;
● Preliminary investigation report (Information Sheet);
 ● Recent appraised value of the land (Appraisal Report) DAO 98-20, S. 1998; latest assessed
value of the land from Assessor's Office and BIR Zonal Valuation;
● Categorical findings as to whether or not the land is already covered by Transfer Certificate
of Title in favor of private person;
● Two copies of approved plan; Original and/or certified copy of the technical descriptions of
the land and a certification that it overlaps/does not overlap an old survey/claim when
projected in the projection map; certified copy of projection map;
● Proof of payment of the 10% and/or full purchase price of the land;
● Proof of publication by bandillo and proof of posting of notice made before auction sale;
● Report of Auction Sale;
● Sales Contract/Certificate and a certified xerox copy of the sale register page of the lot;
● Investigation report that will ascertain the complete names and addresses offal the actual
occupants, kind of improvements thereon and introduced by whom; status of the land
whether it is free from claims and conflicts and other material information pertaining to
ownership;
● Enclosed form of affidavit to be duly accomplished by the applicant/s and submitted to this
Office;
● A joint affidavit stating that neither of the registered purchaser during his/her lifetime nor
any of the legal heirs have/has received the title to the land;
● The exact residence and mailing address of the applicant;

Others:
● Certification from CENR Office that the applicant is not a holder of any friar lands
application;
● Certification from CENR Office that the land is not covered by any friar lands application;
● Submit TIN (Tax ID No.) as per EO No. 98 dated April, 1999;
● Certification duly ratified by the RED certifying that the land is free from claims and
conflicts; does not overlap any previously approved survey; has not been disposed of and/or
issued deed of conveyance to other person; and not covered by other friar land application.

B. COMMERCIAL BUILDINGS

Patrimonial properties are lands that are no longer intended for public use or for public service.
These properties still provide value in which the benefits can be realized. As DENR intends to attain
the full benefits from these properties, it is NRDC’s goal to:

● Optimize the development of the properties;

● Introduce innovative improvements that are relevant and suitable; and
● Generate revenue that is advantageous to the government.
Mandate
Through Executive Order 285, the functions of custody, administration, sale, lease, and transfer of
commercial, industrial, and urban properties are transferred from the Building Services and Real
Property Management Office (BSRPMO) to the DENR. Having the power to acquire, hold, and
dispose lands, the NRDC was commissioned by the DENR in 2017 through a Memorandum of
Agreement. The NRDC is responsible for managing and supervising the patrimonial properties by
its own capacity or by entering sharing scheme arrangement through the Public Private Partnership
(PPP) or the Government-to-Government project. NRDC manages 24 properties in Luzon and
Visayas. Some of these properties are:

● Casa Vallejo, Baguio

● Muella de la Industria, Binondo, Philippines

C. ESCHEAT

Properties obtained by the Government in escheat proceedings (as when there is no other legal heir
of a decedent), or those inherited by or donated to the Government. Rents of buildings owned by the
State would also come under this classification.