Title Ii Agricultural Public Land

TITLE II
Agricultural Public Lands
CHAPTER III
Forms of Concession of Agricultural Lands
SECTION 11. Public lands suitable for agricultural purposes can be disposed of only
as follows, and not otherwise:
(1) For homestead settlement
(2) By sale
(3) By lease
(4) By confirmation of imperfect or incomplete titles:
(a) By judicial legalization
(b) By administrative legalization (free patent).
SECTION 12. Any citizen of the Philippines over the age of eighteen years, or the
head of a family, who does not own more than twenty-four hectares of land in the
Philippines or has not had the benefit of any gratuitous allotment of more than twenty-four
hectares of land since the occupation of the Philippines by the United States, may enter a
homestead of not exceeding twenty-four hectares of agricultural land of the public domain.
SECTION 13. Upon the filing of an application for a homestead, the Director of
Lands, if he finds that the application should be approved, shall do so and authorize the
applicant to take possession of the land upon the payment of five pesos, Philippine
currency, as entry fee. 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.
SECTION 14. No certificate shall be given or patent issued for the land applied for
until 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. The applicant shall, within the said period, notify
the Director of Lands as soon as he is ready to acquire the title. If at the date of such notice,
the applicant shall prove to the satisfaction of the Director of Lands, that he has resided
continuously for at least one year in the municipality in which the land is located, or in a
municipality adjacent to the same, and has cultivated at least one-fifth of the land
continuously since the approval of the application, and shall make affidavit that no part of
said land has been alienated or encumbered, and that he has complied with all the
requirements of this Act, then, upon the payment of five pesos, as final fee, he shall be
entitled to a patent.
SECTION 15. At the option of the applicant, payment of the fees required in this
chapter may be made to the municipal treasurer of the locality, who, in turn, shall forward
them to the provincial treasurer. In case of delinquency of the applicant, the Director of
Lands may, sixty days after such delinquency has occurred, either cancel the application or
grant an extension of time not to exceed one hundred and twenty days for the payment of
the sum due.
SECTION 16. If at any time before the expiration of the period allowed by law for the
making of final proof, it shall be proven to the satisfaction of the Director of Lands, after due
notice to the homesteader, that the land entered is under the law not subject to home-stead
entry, or that the homesteader has actually changed his residence, or voluntarily abandoned
the land for more than six months at any one time during the years of residence and
occupation herein required, or has otherwise failed to comply with the requirements of this
Act, the Director of Lands may cancel the entry.
SECTION 17. Before final proof shall be submitted by any person claiming to have
complied with the provisions of this chapter, due notice, as prescribed by the Secretary of
Agriculture and Commerce shall be given to the public of his intention to make such proof,
stating therein the name and address of the homesteader, the description of the land, with
its boundaries and area, the names of the witness by whom it is expected that the
necessary facts will be established, and the time and place at which, and the name of the
officer before whom, such proof will be made.
SECTION 18. In case the homesteader shall suffer from mental alienation, or shall
for any other reason be incapacitated from exercising his rights personally, the person
legally representing him may offer and submit the final proof on behalf of such incapacitated
person.
SECTION 19. Not more than one homestead entry shall be allowed to any one
person, and no person to whom a homestead patent has been issued by virtue of the
provisions of this Act regardless of the area of his original homestead, may again acquire a
homestead; Provided, however, That any previous homesteader who has been issued a
patent for less than twenty-four hectares and otherwise qualified to make a homestead
entry, may be allowed another homestead which, together with his previous homestead
shall not exceed an area of twenty-four hectares.
SECTION 20. If at any time after the approval of the application and before the
patent is issued, the applicant shall prove to the satisfaction of the Director of Lands that he
has complied with all the requirements of the law, but cannot continue with his homestead,
through no fault of his own, and there is a bona fide purchaser for the rights and
improvements of the applicant on the land, and that the conveyance is not made for
purposes of speculation, then the applicant, with the previous approval of the Director of
Lands may transfer his rights to the land and improvements to any person legally qualified to
apply for a homestead, and immediately after such transfer, the purchaser shall file a
homestead application for the land so acquired and shall succeed the original homesteader
in his rights and obligations beginning with the date of the approval of said application of the
purchaser. Any person who has so transferred his rights may not again apply for a new
homestead. Every transfer made without the previous approval of the Director of Lands shall
be null and void and shall result in the cancellation of the entry and the refusal of the patent.
SECTION 21. Any non-Christian Filipino who has not applied for a home-stead,
desiring to live upon or occupy land on any of the reservations set aside for the so-called
"non-Christian tribes" may request a permit of occupation for any tract of land of the public
domain reserved for said non-Christian tribes under this Act, the area of which shall not
exceed four hectares. It shall be an essential condition that the applicant for the permit
cultivate and improve the land, and if such cultivation has not been begun within six months
from and after the date on which the permit was received, the permit shall be cancelled. The
permit shall be for a term of one year. If at the expiration of this term or at any time prior
thereto, 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, otherwise the land shall be again open to disposition at the expiration of the permit.
For each permit the sum of one peso shall be paid.

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TITLE II

Agricultural Public Lands

Forms of Concession of Agricultural Lands

as follows, and not otherwise:

(1) For homestead settlement

(4) By confirmation of imperfect or incomplete titles:

(a) By judicial legalization

(b) By administrative legalization (free patent).

prior right to the land.

the sum due.

Act, the Director of Lands may cancel the entry.

officer before whom, such proof will be made.

shall not exceed an area of twenty-four hectares.

For each permit the sum of one peso shall be paid.

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