REVIEW

CA 141
What is Commonwealth Act No. 141?

An act to amend and compile the laws relative

to lands of the public domain.

Approved: November 7, 1936

Effective: December 1, 1936
What is the short title of CA 141

Public Land Act

What is Public Domain?

It is the state of belonging or being available

to the public as a whole, and therefore not
subject to private ownership.

-Wikipedia
What happened to the Friar Lands
during CA 141?

The administration and disposition of the Friar

Lands, being privately owned, have reverted
to or become the property of the
Commonwealth of the Philippines.
What is a Friar Land?

Act 1120 (April 26, 1904)

“An act providing for the administration and

temporary leasing and sale of certain
haciendas and parcels of land, commonly
known as friar lands,…”
Who is the executive officer charged
in carrying out the provisions of CA
141?
Secretary of Agriculture and Commerce
Who shall act under the Sec. of A & C
for the implementation of CA 141?

Director of Lands
Who shall classify lands of the public
domain?

The President
Who recommends to the President
the classification of the lands of the
public domain?
Secretary of Agriculture and Commerce
What are the classification of the
lands of the public domain?

a) Alienable or disposable
b) Timber
c) Mineral lands
What is an Alienable and Disposable
Land?

It refers to those lands of the public domain

which have been the subject of the present
system of classification and declared as not
needed for forest purposes.

-PSA
What are the classification of A & D
Lands?

a) Agricultural
b) Residential, commercial, industrial or for
similar productive purposes
c) Educational, charitable or other similar
purposes
d) Reservations for town sites and for public
and quasi-public uses
What is ‘quasi’?

seemingly; apparently but not really.

What is a quasi-public land?

'Quasi‐public' land is the term used to denote

land or space which serves a public function
but which is privately owned.

e.g. public areas of shopping centers

What are the forms of concession
agricultural lands?

1) Homestead settlement
2) Sale
3) Lease
4) Confirmation of imperfect or incomplete
titles
a) Judicial Legalization
b) Administrative Legalization
What is a Homestead Patent?

Homestead Patent is a mode of acquiring

alienable and disposable lands of the public
domain for agricultural purposes conditioned
upon actual cultivation and residence.

-Land Management Bureau

Who is qualified to apply for
homestead?

Citizen of the Philippines

• At least 18 years old OR head of the family
• Does not own more than 24 hectares of land
What is the maximum area that can
be applied for homestead?

24 hectares
Who approves the application for
homestead?

Director of Lands
Note:

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.
What is the requirement to be given
a certificate or be issued a patent for
the homestead?
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.
When can a homestead applicant be
represented by another person?

If the homesteader suffer mental alienation,

or be incapacitated from exercising his rights
legally.
If a homesteader voluntarily discontinue
the homestead, can the application be
conveyed to another person?

Yes, given that the person is legally qualified

to apply for a homestead.
Can the homesteader who
discontinued homestead be able to
apply again for another homestead?
No, any person who has so transferred his
rights may not again apply for a new
homestead.
Can a homesteader be allowed to
apply for another homestead?

Yes, a homesteader can purchase given that

the total landholdings shall not exceed the
maximum area prescribed.
What is the maximum area for the
Permit of Occupation for the “non-
Christian Tribes”?
4 hectares
But after one year of the expiration of the
permit, 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.
Who is qualified to purchase
agricultural lands?

• Individual:
same qualification with homestead
• Corporation or association:
60% of the capital stock belongs to the Filipino
citizens
What is the maximum area of the
land to be purchased?

• Individual:
144 hectares
• Corporation or association:
1,024 hectares
• Partnership:
not to exceed 144 hectares for each member
thereof but the total area so purchased shall in
no case exceed the 1,024 hectares
To whom shall the sale of land be
awarded?

Highest bidder
What is the responsibility of the
purchaser after the date of the award
of the sale?
The purchaser shall have not less than one-
fifth of the land broken and cultivated within
five years after the date of the award.
What is the additional requirement
for the purchaser to be given a
patent?
The purchaser must show of occupancy,
cultivation, and improvement of at least one-
fifth of the land applied.
What if the land applied is devoted to
pasture?

If the purchaser shall graze on the land as

many heads of his cattle as will occupy at least
one-half of the entire area at the rate of one
head per hectare.
After how many years, after the grant
of the title, can the purchaser convey
or encumber the land purchased?
10 years
Is it allowed for Juan to purchase a
95-hectare land and an adjacent land
that is 50 hectares?
No, any purchaser of public land may
purchase successively additional agricultural
public land adjacent to or not distant from the
land first purchased, until the total area of
such purchases shall reach the maximum
established.
Who is qualified to lease public
agricultural land?

• Individual:
same qualification with homestead
• Corporation or association:
60% of the capital stock belongs to the Filipino
citizens
What is the maximum area of the
land that can be leased?

• Individual:
1,024 hectares
• Corporation or association:
1,024 hectares
• Grazing purposes: 2,000 hectares
How much is the annual rental of
land leased?

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.
How long shall the lease run?

Leases shall run for a period of not more than

twenty-five years, but may be renewed once
for another period of not to exceed twenty-
five years.
What is the responsibility of the
lessee after the date of the approval
of the lease?
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.
What is the responsibility of the lessee
after the date of the approval of the lease
if the land is devoted to pasture?

In case the land leased is to be devoted to

pasture, the lessee shall graze on the land as
many heads of cattle as will occupy at least
one-half of the entire area at the rate of one
head per hectare.
Can the lessee assign, encumber or
sublet his rights over the land?

Yes, provided with the consent of the

Secretary of Agriculture and Commerce.
Does the lessee have the right over
the present valuable timber and
minerals on the land being leased?
No, the lease does not confer any right to
remove or dispose any valuable timber or
minerals.
What is Free Patent Title?

The issuance of free patents is in line with the

New Free Patent Act that "provides the DENR
to process a free patent title application to
any Filipino citizen who is an actual occupant
of a residential land”.

-Sunstar
Free patent is also known as?

Administrative Legalization of Title

Who is qualified for the award of free
patent?

• Natural-born Filipino citizen

• Not an owner of more than 24 hectares
• Has continuously occupied and cultivated
since July 4, 1926
• Have paid real estate tax thereon
Who shall issue the free patent?

Director of Lands
Where shall a person with incomplete
and imperfect title apply for the Judicial
Confirmation of its title?

Court of First Instance

Who is qualified to apply for the
Judicial Confirmation of Imperfect or
Incomplete Titles?
Any Filipino citizens with a pending
registration under the Land Registration Act
(Act 496).
What does the Court of First Instance
issue to the applicant?

Final decree
Who shall issue the Original
Certificate of Title?

Register of Deeds on the basis of the decree

from the Court of First Instance
What are the classifications of lands
disposable for residence, commerce
and industry?
a) Lands reclaimed by the Government by
dredging, filling, or other means;
b) Foreshore;
c) Marshy lands or lands covered with water
bordering upon the shores or banks of
navigable lakes or rivers;
d) Lands not included in any of the foregoing
classes
What is the mode of concession of
lands disposable for R, C and I ?

Through SALE or LEASE

Who approves the plan of
improvements by the purchaser or
lessee?
Secretary of Public Works and
Communications
What is the mode of concession of lands
disposable for Education, Charitable and
other Similar Purposes?

Through sale, lease, donation, exchange or

any other form as stated in the contract.
If lands are to be sold or leased for
educational or charitable purposes,
what is the maximum area allowed?
96 hectares