PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
COMMONWEALTH ACTS
COMMONWEALTH ACT NO. 456 - AN ACT TO AMEND SECTIONS NINETEEN, TWENTY, AND ONE HUNDRED AND EIGHTEEN OF COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-ONE, COMMONLY KNOWN AS THE PUBLIC LAND ACT |
Section
1. Sections nineteen, twenty, and one hundred and eighteen of
Commonwealth Act Numbered One hundred and forty-one are amended to read
as follows: "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.
"Sec. 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
speculations, then the applicant, with the previous approval of the
Secretary of Agriculture and Commerce, 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 to 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
Secretary of Agriculture and Commerce shall be null and void and shall
result in the cancellation of the entry and the refusal of the patent."
"Section 118. Except in favor of
the Government or any of its branches, units, or institutions, lands
acquired under 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.
"No alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Commerce, which approval shall not be denied except on constitutional and legal grounds." Section2. This Act shall take effect upon its approval. Approved: June 8, 1939. |
08.10.05.