PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
ACTS
ACT NO. 3517 - AN ACT TO AMEND
CERTAIN SECTIONS OF ACT NUMBERED TWENTY-EIGHT HUNDRED AND SEVENTY-FOUR,
KNOWN AS THE PUBLIC LAND ACT"
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Be it
enacted by the Senate and House of Representatives of the Philippines
in legislature assembled and by the authority of the same, Section 1. Section thirteen of Act Numbered Twenty-eight hundred � and seventy-four as the Public Land Act, is hereby amended to read as follows: "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 application, the
applicant shall begin to work the homestead, otherwise he shall lose
his prior right to the land."
Sec. 2. Section fourteen of the same Act is hereby amended to read as follows: "SECTION 14. No
certificate shall be given or patent issued for the land applied for
until at least one-fourth of the land has been improved and cultivated.
The period within which the land shall be cultivated shall not be less
than one nor 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 or at any time within the two
years next following the expiration of said period, the applicant shall
prove to the satisfaction of the Director of Lands by affidavits of two
credible witnesses, that he has resided in the municipality in which
the land is located, or in a municipality adjacent to the same, and has
cultivated at least one-fourth 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, he shall be entitled to a patent."
Sec. 3. Section nineteen of the same Act, as amended by section one of Act Numbered Thirty-two hundred and nineteen, is hereby further amended to read as follows: "SECTION 19. Not more than one homestead shall be allowed to any person; but if a
homesteader has made final proof as provided in this chapter and
occupying and cultivating at least one-fourth of the land applied for
and the area thereof is less than twenty-four hectares, he may apply
successively for additional homesteads which lie in the same
municipality of municipal district or in an adjacent municipality or
municipal district, until the total area of said homesteads shall reach
twenty-four hectares, but not more, with the understanding that he
shall with regard to the new tracts or additional homestead comply with
the same conditions as prescribed by this Act for an original homestead
entry."
Sec. 4. Section twenty-two of the same Act, as amended by section two of Act Numbered Thirty two hundred and nineteen, is hereby further amended to read as follows: "Sec. 22. Any non-Christian native who has not applied for a homestead, 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 treat 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 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 therefore, 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." Sec. 5. Section thirty of the same Act is hereby amended to read as follows: "Sec. 30. Before any patient is issued, the purchaser must show actual occupancy,
cultivation, and improvement of at least one-fourth of the land applied
for until the date on which final payment is made."
Sec. 6. Section thirty-three of the same Act is hereby amended to read as follows: "Sec. 33. This chapter shall be held to authorize only one purchase of the
maximum amount of land hereunder by the same person, corporation,
association, or partnership; and no corporation, association, or
partnership, any member of which shall have received the benefits of
this chapter or of any of the two last preceding chapter, either as an
individual or as a member of any other corporation, association, or
partnership, shall purchase any other lands of the public domain under
this chapter.
Sec. 7. Section thirty-four of the same Act is
hereby amended to read as follows: "But any purchaser of public land, after having made the last payment upon and cultivated at least one-fourth of the land purchased, if the same shall be less than the maximum allowed by this Act may purchase successively additional agricultural public land adjacent to or not distant from the land first purchased, until the total area of such purchased shall reach the maximum established in this chapter: Provided, That in making such additional purchase or purchases, the same conditions shall be complied with as prescribed by this Act for the first purchase." "Sec. 34. Any citizen of lawful age of the Philippine Island or of the United
States, and any corporation or association of which at least sixty-one
per centum of the capital stock or of any interest in said capital
stock belongs wholly to citizens of the Philippine Islands or of the
United States, and which is organized and constituted under the laws of
the Philippine Islands or of the United States or of any state thereof
and authorized to transact business in the Philippine Islands, any
lease any tract of agricultural public land available for lease under
the provisions of this Act, not exceeding a total of one thousand and
twenty-four hectares: Provided, That no member, stockholder, officer,
representative, attorney, agent, employee or bondholder of any
corporation or association holding or controlling under lease or
otherwise agricultural land in excess of one hundred and forty-four
hectares shall apply, directly or indirectly, for agricultural public
land except under the homestead and free patent provisions of this Act:
Provided, further, That citizens of countries the laws of which grant
to citizens of the Philippine Islands the same rights to lease public
land as to their own citizens, army, while such laws are in force, but
not thereafter, with the express authorization of the Legislature,
lease any parcel of agricultural land, not in excess of one thousand
and twenty-four hectares, available for lease in accordance with this
Act: Provided, finally, That no lease shall be permitted to interfere
with any prior claim by settlement or occupation, until the consent of
the occupant or settler is first had, or until such claim shall be
legally extinguished, and no person, corporation, or association shall
be permitted to lease lands hereunder which are not reasonably
necessary to carry on his business for which it was lawfully created
and which it may lawfully pursue in the Philippine Islands, if an
association or corporation.
"Corporations and associations
not having all and each of the requirements established in the
preceding paragraph of this section may, with the express authorization
of the legislature, lease agricultural public lands available for lease
the total area of which shall not exceed one thousand and twenty-four
hectares."
Sec. 8. Section thirty-six of the same act is hereby amended to read as follows: "Sec. 36 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 in accordance with section one hundred and fourteen of
this Acts. Every contract of lease under the provisions of this chapter
shall contain a clause to the effect that a reappraisal of the land
leased shall be made every ten years from the date of the approval of
the contract, if the term of the same shall be in excess of ten years.
In case the lessee is not agreeable to the reappraisal and prefers to
give up his contract of lease, he shall notify the Director of Lands of
his desire within the six months next preceding the date on which the
reappraisal takes effect, and in case his request is approved, the
Director of Lands may, if the lessee should so desire, proceed in
accordance with section ninety-eight of this Act.
"The rent, which shall be paid yearly in advance, shall accrue from the date of the approval of the lease, and the first payment thereof shall be made in the Bureau of Lands on the date of the approval of the application." Sec. 9. Section thirty-seven of the same Act, as amended by section nine of Act Numbered Thirty-two hundred and nineteen, is hereby further amended to read as follows: "Sec. 37. Leases shall run for a period of not more than twenty-five years, but
may be renewed for another period of not to exceed twenty-five years,
at the option of the lessee. In case the lessee shall have made
important improvements which, in the discretion of the Secretary of
Agriculture and Natural Resources, justify a renewal of the lease, a
further renewal for an additional period not to exceed twenty-five
years may be granted. Upon the final expiration of the lease, all
buildings and other permanent improvements made by the lessee, his
heirs, executors, administrators, successors or assigns shall become
the property of the Government, and the land together with the said
improvements shall be disposed of in accordance with the provisions of
chapter five of this Act. It shall be an 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 and shall not assign, encumber or
sublet his rights without the consent of the Secretary of Agriculture
and Natural Resources, and that the violation of this condition shall
avoid the contract: Provided, That assignment, encumbrance, or
subletting for purpose of speculation shall not be permitted in any
case: Provided, further, That nothing contained in this section shall
be understood or construed to permit the assignment, encumbrance, or
subletting of lands leased under this Act or under the former Public
Land Act, to persons, corporations, or associations which under this
Act, are not authorized to lease public lands, unless otherwise
provided general or special legislation by the Legislature."
Sec. 10. Section thirty-nine of the same Act is hereby amended to read as follows: "Sec. 39. The lessee of agricultural public land, after having made two or more
payments of rent and improved the land leased, if the same is less than
the maximum allowed by law, may lease successively additional
agricultural public land adjacent to or near the land originally
leased, until the total area of such lease shall reach the maximum
established in this chapter: Provided, That in making such additional
lease, the same conditions shall be complied with as prescribed by this
Act for the first lease."
Sec. 11. Section forty of the same Act is hereby amended to read as follows: "Sec. 40. During the life of the lease, any lessee who shall have complied with
all the conditions thereof and shall have the qualification required by
section twenty-three, shall have the option of purchasing the land
leased subject to the restrictions of chapter five of this Act."
Sec. 12. Section sixty of the same Act, as amended by section twelve of Act Numbered Thirty-two hundred and nineteen, is hereby further amended to read as follows: "Sec. 60. Whenever it is decided that lands covered by this chapter are not
needed for public purposes, the Director of Lands shall ask the
Secretary of Agriculture and Natural Resources for authority to dispose
of the same. Upon receipt of such authority, the Director of Lands
shall give notice by public advertisement in the same manner as in the
case of leases or sales of agricultural public land, that the
Government will lease or sell, as the case may be, the lots or blocks
specified in the advertisement, for the purposes stated in the notice
and subject to the conditions specified in this chapter."
Sec. 13. Section sixty-one of the same Act is hereby amended to read as follows: "Sec. 61. The leases executed under this chapter by the Secretary of Agriculture
and Natural Resources shall, among other conditions, contain the
following:
"(a) The rental shall not be less than three per centum of the appraised and reappraised value of the lands and one per centum of the appraised or reappraised value of the improvements. "(b) The land rented, or the improvements thereon, as the case may be, shall be reappraised every ten years if the term of the lease is in excess of that period. "(c) The term of the lease shall be as prescribed by section thirty-seven of this Act. "(d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted, shall commence the construction thereof within six months from the date of the award of the contract of lease, and shall complete the said construction of lease, and shall complete the said construction within eighteen months from the date of the execution of the contract. "(e) At the
expiration of the lease or of any extension of the same, all
improvements made by lessee, his heirs, executors, administrators,
successors, or assigns shall become the property of the Government.
"(f) The regulation of all rates and fees charged to the public; and the annual submission to the Government for approval of all tariffs of such rates and fees, "(g) The continuance of the easements of the coast police and other easements reserved by existing law or by any laws hereafter enacted by the Legislature. "(h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land. "The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The Secretary of Agriculture and Natural Resources may, however, subject to such condition as he may prescribe, waive the rescission arising from a violation of the conditions of subsection (d), or extend the time within which the construction of the improvements shall be commenced and completed." Sec. 14. Section sixty-two of the same Act, as amended by section fifty-six, shall, among others, comprise the following conditions: "(a) The
purchaser shall make improvements of a permanent character appropriate
for the purpose for which the land is purchased, shall commence work
thereon within six months from the receipt of the approval of the
purchase, and shall complete the construction of said improvements
within eighteen months from the date of such approval or award;
otherwise the Secretary of Agriculture and Natural Resources may
rescind the contract.
"(b) The purchase price shall be paid cash down or in annual installments, not to exceed ten. "The contract of sale may contain other conditions not inconsistent with the provisions of this Act." Sec. 15. Section sixty-four of the same Act is hereby amended to read as follows: "Sec. 64. The lease or sale shall be made through oral bidding; and adjudication
shall be made to the highest bidder. However, where an applicant has
made improvements on the land by virtue of a permit issued to him by
competent authority, the sale or lease shall be made by sealed bidding
as prescribed in section twenty-seven of this Act, the provisions of
which shall be applied wherever applicable. If all or part of the lots
remain unleased or unsold, the Director of Lands shall from time to
time announce in the Official Gazette or otherwise the lease or sale of
those lots, if necessary."
Sec. 16. Section sixty-five of the same Act is hereby amended to read as follows: "Sec. 65. The Secretary of Agriculture and Natural Resources may grant temporary
permission, upon payment of a reasonable charge, for the use of any
portion of the lands covered by this chapter for any lawful private
purpose, subject to revocation at any time when, in his judgment, the
public interest shall require it."
Sec. 17. Section seventy-six of the same Act is hereby amended to read as follows: "Sec. 76. All lots except those claimed by or belonging to private parties and
those reserved for parks, buildings, and other public uses, shall be
sold, after due notice, at public auction to the highest bidder, after
the approval and recording of the plot of subdivision as above
provided, but no bid shall be accepted that does not equal at least two
thirds of the appraised value, nor shall bids be accepted from persons,
corporations associations, or partnerships not authorized to purchase
public lands for commercial, residential or industrial purposes under
the provision of this Act. The provisions of section twenty seven-and
sixty two of this Act shall be observed in so far as they are
applicable. Lots for which satisfactory bids have not been received
shall be again offered for sale, under the same conditions as the first
time, and if they then remain unsold, the Director of Lands shall be
authorized to sell them at private sale for not less than two-thirds of
their appraised value."
Sec. 18. Section eighty-two of the same Act is hereby amended to read as follows: "Sec. 82. Upon the recommendation of the Secretary of Agriculture and Natural
Resources, the Governor-General may, by proclamation, designate any
tract or tracts of land of the public domain for the exclusive use of
the non-Christian natives, including in the reservation, in so far as
practicable, the land used or possessed by them, and granting to each
member not already the owner, by title or graduations patent, of four
or more hectares for each male member over eighteen years of age or the
head of a family. As soon as the Secretary of the Interior shall
certify that the majority of the non-Christian inhabitants of any given
reservation have advanced sufficiently in civilization, then the
Governor-General may order that the land of the public domain within
such reservation be granted under the general provisions of this Act to
the said inhabitants, and the subdivision and distribution of said
lands as above provided shall be taken into consideration in the final
disposition of the same. But any non-Christian inhabitant may at any
time apply for the general benefits of this Act, provided the Secretary
of Agriculture and Natural Resources is satisfied that such inhabitant
is qualified to take advantage of the provisions of the same: Provided,
That all grants, deeds, patents and other instruments of conveyance of
land or purporting to convey to or growing out of lands, granted by
sultans, datus, or other chiefs of the so-called non-Christian tribes,
without the authority of the Spanish Government while the Philippine
Islands were under the sovereignty of Spain, or without the consent of
the United States Government or of the Philippine Government since the
sovereignty of the Archipelago was transferred from Spain to the United
States and shall deeds and other documents executed or issued or based
upon the deeds, patents, and documents mentioned, are hereby declared
to be illegal, void, and of no effect."
Sec. 19. Section eighty-six of the same Act is hereby amended to read as follows: "Sec. 86. The tract or tracts of land reserved under the provisions of sections
eighty and eighty-one shall be non-alienable and shall not be subject
to occupation, entry, sale, lease, or other disposition until again
declared alienable under the provisions of this Act or by proclamation
of the Governor-General."
Sec. 20. Section one hundred three of the same Act is hereby amended to read as follows: "SECTION 103. If at any time the applicant or grantee shall die, before the issuance
of the patent or the final grant of the land, or during the life of the
lease, or while the applicant or grantee still has obligations pending
towards the Government, in accordance with this Act, he shall be
succeeded in his rights and obligations with respect to the land
applied for or granted or leased under this Act by his heirs in law,
who shall be entitled to have issued to them the patent or final
concession if they show that they have complied with the requirements
therefor, and who shall be subrogated in all rights and obligations for
the purposes of this Act. *
Sec. 21. Section one hundred ten of the same Act is hereby amended to read as follows: "SECTION 110. Said lands shall further be subject to a right of way not over twenty
meters in width for public highways, railroads, irrigation ditches,
aqueducts, telegraph and telephone lines, and similar works as the
Government or any public or quasi-public service or enterprises,
including mining or forest concessionaires, may reasonably require for
carrying on their business, with damages for the improvements only."
Sec. 22. Section one hundred fourteen of the same Act is hereby amended to read as follows: "SECTION 114. The appraisal or reappraisal of the lands or improvements subject to
concession or disposition under this Act shall be made by the Director
of Lands, with the approval of the Secretary of Agriculture and Natural
Resources. The Director of Lands may request the assistance of the
provincial treasurer of the province in which the land lies or may
appoint a committee for such purpose in the province or in the
municipality in which the land lies. In no case shall the appraisal or
reappraisal be less than the expense incurred or which may be incurred
by the Government in connection with the application or concession, nor
shall any reappraisal be made with an increase of more than hundred per
centum upon the appraisal or reappraisal next preceding."
Sec. 23. Section one hundred sixteen of the same Act is hereby amended to read as follows: "SECTION 116. Except in favor of the Government or any of its branches, units, or
institutions, or legally constituted banking corporations, lands
acquired under the free patent or homestead provisions shall not be
subject to encumbrance or alienation from the date of the 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."
Sec. 24. Section one hundred nineteen of the same Act is hereby amended to read as follows: "SECTION 119. Except the consent of the grantee and the approval of the Secretary of
Agriculture and Natural Resources, and solely for commercial
industrial, educational, religious or charitable purposes or for a
right of way, no corporation, association, or partnership may acquire
or have any right, title, interest or property right whatsoever to any
land granted under the free patent, homestead or individual sale
provisions of this Act or to any permanent on such lands."
Sec. 25. The same Act is hereby amended by inserting the following section between sections one hundred twenty-five and one hundred twenty-six thereof: "SECTION 125. (a) Any person, corporation, association or partnership not qualified
or no longer authorized to apply for public land under the provisions
of this Act who files or induces or knowingly permits another person,
corporation, association or partnership to file an application in his
or its behalf or for his or its interest, benefit or advantage, shall
be punished by a fine of not less than two hundred nor more than five
thousand pesos or by imprisonment for not less than two months nor more
than five years, or both, in the discretion of the court, and the
cancellation of the application."
Sec. 26. Upon the express or implicit approval of this Act by the President of the United States, as provided in the Act of Congress approved on August twenty-ninth, nineteen hundred and sixteen, entitled "An Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those Islands," the Governor shall so announce forthwith, by means of a proclamation, and this Act shall take effect on the date of such proclamation. Approved: January 30, 1929. |
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