FREE PATENTS UNDER REPUBLIC ACT NO. 782


FREE PATENTS UNDER REPUBLIC ACT NO. 782

AN ACT TO GRANT FREE PATENTS TO OCCUPANTS OF PUBLIC AGRICULTURAL LAND SINCE OR PRIOR TO JULY FOURTH, NINETEEN HUNDRED AND FORTY-FIVE

Section 1.    Any provision of law, rules and regulations to the contrary notwithstanding, any natural born citizen of the Philippines who is not the owner of more than twenty-four hectares, and who since July fourth, nineteen hundred and forty-five or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors in interest, a tract or tracts of agricultural public lands subject to disposition, shall be entitled, under the provisions of this Act, to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares. The application shall be accompanied with a map and the technical description of the land occupied along with affidavits proving his occupancy from two disinterested persons residing in the municipality or barrio where the land may be located.

Sec. 2.    The Director of Lands upon receipt of the application shall cause notices of the same to be posted in conspicuous places in the capital of the province, the municipality and the barrio where the land applied for is situated for a period of two consecutive weeks, requiring in said notices everyone who has any interest in the matter to present his objections or adverse claims, if any, before the application is granted.

Sec. 3.    At the expiration of the time provided in the preceding section, the Director of Lands, if satisfied of the truth of the statements contained in the application and in the affidavits attached thereto and that the applicant comes within the provisions of this Act, shall issue the corresponding title in favor of the applicant for the tract of land applied for if there had not been any objections or adverse claims registered in his office.

Sec. 4.    This Act shall take effect upon its approval.

COMMONWEALTH ACT NO. 691, AS AMENDED BY REPUBLIC ACT NO. 63


COMMONWEALTH ACT NO. 691, AS AMENDED BY REPUBLIC ACT NO. 63

COMMONWEALTH ACT NO. 691

AN ACT TO PROVIDE FOR THE FREE DISTRIBUTION, UNDER CERTAIN CONDITIONS, OF LOTS OF TWENTY-FOUR HECTARES EACH OF AGRICULTURAL LAND OF THE PUBLIC DOMAIN

Section 1. Any citizen of the Philippines who is more than eight years of age and who does not own more than twenty-four hectares of land in the Philippines, nor who shares in the benefits of any free distribution of any public land since the occupation of the Philippines by the United States, may apply for the cultivation of a lot of agricultural land of the public domain, which is neither occupied nor reserved for public purposes, having an area of not to exceed twenty-four hectares, and a residential lot of not to exceed one thousand six hundred square meters and obtain free title to the same, as provided for herein, giving preference to those who are indigents as well as those who have any dependents to support (As amended by Sec. 1 of R.A. No. 63).

Section 2. For the purposes of this Act, the Director of Lands shall take steps for the classification and survey of agricultural lands of the public domain, especially those bordering on national highways. The lands thus classified shall be subdivided into lots of not less than eight nor more than twenty-four hectares each, depending upon the location of the lots and the crop adaptability of the soil, and into residential lots of not less than six hundred nor more than one thousand six hundred square meters each in suitably located residential sites, and in order to speed up the survey and subdivision work, the services of private surveyors duly qualified may be employed in which case the Director of Lands shall impose the condition that not more than five thousand hectares in superficial area shall be assigned to a surveyor, nor more than ten thousand hectares to a partnership or group of surveyors. The survey work shall be given to the best bidder and same shall not be adjudicated until the surveyor or partnership or group of surveyors shall have furnished a bond satisfactory to the Director of Lands in sum equivalent to thirty per centum, at least, of the total value or amount agreed upon for the survey work, to answer for its faithful performance. (As amended by Sec. 2 of R.A. No. 63).

Section 3. The Government, under the provision of this Act shall furnish every applicant with work animals, seeds and agricultural implements necessary for the clearing and cultivation of his lot, and the sum of thirty pesos monthly for expenses, payable in advance during the first six months in which the applicant has taken possession of his lot of lands; Provided, however, That if the applicant is in position to provide for himself all he needs for the clearing and cultivation of his lot, he shall not be entitled to the aid provided for in this section. The cost of the work animals, seeds and agricultural implements, together with the sums of money advanced to the applicant, shall be paid to the government without interest in ten annual installments, the first installments to be payable after the first year in which he has taken possession of and cultivated the land.

 

Section 4. In order to carry out the provisions of section 3 hereof, the President of the Philippines shall include in the appropriations for the following fiscal year after the approval of this Act, and in each successive year thereafter, an amount which the President may deem necessary, until such amounts reach a sum which the President may consider sufficient for the creation of a revolving fund, which shall be utilized by furnish capital to the applicants who are to be benefited by this Act. The proceeds to the annual receipts derived from the payments made by the applicants to the Government for the advances given to them shall form part of the revolving fund which shall be known as the “Revolving Fund of the Colonists.

 

Section 5. The “Revolving Fund of the Colonists” mentioned in the preceding section and such appropriations as may be approved for advance to the applicants, shall be administered by the Bureau of Lands under the control and supervision of the Secretary of Agriculture and Commerce, and the remaining unexpended balance of the funds at the end of the fiscal year shall be added to the revolving fund. As soon as the Auditor General shall have certified that all the sums advanced by the Government have been paid back and the purposes of this Act have been accomplished, the revolving fund herein created shall revert to the General Funds of the National Treasury.

 

Section 6. The application for the cultivation of a lot of agricultural land in accordance with this Act shall be filed with the Director of Lands who, if he finds that the application should be approved, shall do so and shall authorize the applicant to take possession of the land. Within six months from the date of approval of the application, the applicant shall commence cultivation of the land; otherwise, he shall forfeit his right of preference to the said land.

 

Section 7. No certificate whatever shall be issued nor shall any deed of ownership of the land applied for be extended until at least one-fourth of the land has been improved and cultivated. The period in which cultivation of the said land shall be made shall not be less than one year nor more than five years, from the date of approval of the application. The applicant, during the period, shall notify the Director of Lands, as soon as the said applicant is in readiness to acquire the title. If on the date of said notification the applicant proves to the satisfaction of the Director of Lands that he has settled (and resided) for at least one year in the land itself or in the residential section of the same colony site and has cultivated continuously at least one-fourth of the land since the date of approval of the application, and subscribes to an affidavit that no part of the said land has been transferred or encumbered, and that he has fulfilled all the requisites set forth in this Act, he shall then be entitled to a free title to the said land. (As amended by Sec. 3 of R.A. No. 63).

 

Section 8. If within any time before the expiration of the period allowed by law for the presentation of definite evidence it should be proved to the satisfaction of the Director of Lands, upon notification to the applicant, that said applicant has voluntarily abandoned the land for more than six consecutive months during the years required of its occupation, or that he has violated or failed to comply in any other manner with the terms set by this Act, the Director of Lands may cancel the application.

 

Section 9. Before any person claiming to have complied with the provisions of this Act may present definite evidence as herein above set forth due notice shall be given to the public of the intention of said person to offer said proof, in the manner which the Secretary of Agriculture and Commerce may prescribe, and in said notice there shall be given the name and address of the applicant, the description of the land as to its boundaries and area, the names of the witnesses through whom it is proposed to justify the necessary facts, and the time, place and name of the public official before whom said evidence is to be presented and who may be the justice of the peace of the municipality wherein the land is located, or the judge or the clerk of the court of first instance of the province concerned, or any official or employee of the Bureau of Lands who is authorized by law to administer oaths.

 

Section 10.  In case the applicant should suffer from mental, derangement, or for any reason whatever he should be incapacitated to exercise personally his rights, the person who may legally represent him may offer and present the final evidence in behalf of the said incapacitated person.

 

Section 11.  If at any time after the approval of the application but before the title is issued, the applicant should prove, to the satisfaction of the Director of Lands, that the said applicant has complied with all the requirements of the law, but that it is impossible for him to continue with the cultivation of the land, through no fault of his, and that there exists a purchaser in good faith of the rights to and improvements made by the applicant on said land, and that the transfer is not being made for speculative purposes, the applicant, upon approval of the Secretary of Agriculture and Commerce, may transfer his rights to the land and improvements thereon to any person having legal qualification to apply for it; and immediately after the transfer is made, the purchaser shall file an application for the cultivation of the said land, and he shall succeed into the rights and obligations of his predecessor from the date on which said application of the buyer is approved. Whoever has so transferred his rights cannot apply for the cultivation of a new lot of land under this Act. Any transfer made without previous approval of the Secretary of Agriculture and Commerce is null and void, and shall cause the cancellation of the application and the issuance of the title shall be denied.

 

Section 12.  Except in favor of the Government or any of its instrumentalities, agencies, or institutions, the lands applied for under this Act shall not be subject to any lien or transfer from the date of approval of the application and during the next following five years from the date of issuance of the title or concession, nor shall they stand for the payment of any obligation contracted prior to the termination of said period; they may, however, be encumbered to competent persons, associations or corporations in so far as their improvements or crops are concerned.

Section 13.  The provisions of the Public Lands Act and regulations concerning public lands, which are not inconsistent herewith, shall be understood as supplementing the provisions of this Act.

 

Section 14.  Any provisions of law to the contrary notwithstanding, the agricultural lands of the public domain which have been classified, surveyed and subdivided under previous Acts, so far not disposed of, as well as those lots of said lands which having been applied for or acquired as homesteads, or otherwise, had reverted to the public domain in accordance with law, may be subdivided anew for the purposes of this Act.

 

Section 15.  There is hereby appropriated out of any funds of the National Treasury not otherwise appropriated, the sum of five hundred thousand pesos or so much thereof as may be necessary to carry out the purposes of this Act.

 

Section 16.  This Act shall take effect on its approval.

 

Approved: October 15, 1945.

Effect of erroneous grant of Free Patent


Effect of erroneous grant of Free Patent.

The perpetration of such errors does not have the effect of converting a forest reserve into public alienable land. It is well-settled that forest land is incapable of registration, and its inclusion in a title nullifies that title (Dir. of Lands vs. Tesalona, supra; Director of Forestry vs. Muñoz, 23 SCRA 1183 [1968]). To be sure, the defense of indefeasibility of a certificate of title issued pursuant to a free patent does not lie against the State in an action for the reversion of the land covered thereby when such land is a part of the public forest or of a forest reservation, the patent covering forest land being void ab initio (Republic vs. Animas 56 SCRA 499 [1974], citing Gatchalian vs. Pavilin, 6 SCRA 508 [1962]; Ledesma vs. Municipality of Iloilo, 49 Phil. 769 [1926]). Nor can the mistake or errors of its officials or agents in this regard be invoked against the government (Republic vs. Court of Appeals, 135 SCRA 156 [1985]; Republic vs. Aquino, supra, Luciano vs. Estrella, 34 SCRA 769 [1970]). Finally, the conversion of a private reserve into public alienable land, requires no less than a categorical act of declassification by the President upon the recommendation of the proper department head who has the authority to classify the lands of the public domain into alienable or disposable timber and mineral lands (Dir. of Lands vs. Aquino, supra).

LAND TITLES AND DEEDS – ASSIGNMENT FOR FEB. 13, 2016


LAND TITLES AND DEED – ASSIGNMENT FOR FEB. 13, 2016

6. Judicial Confirmation of Imperfect Title under C.A. 141

Sec. 2, R.A. 9176

Director of Lands v. IAC, G.R. No. 73002. December 29, 1986

Director of Lands v. Abairo, G.R. No. L-34602 May 31,

Oh Cho v. Director of Lands, G.R. No. L-48321. August 31, 1946

Republic v. CA, G.R. No. 108998 August 24, 1994

Cadastral Act or Act No. 2259

7. Administrative Methods
a.      Homestead Patent
b. Free Patent or Administrative Legalization
Effects of erroneous grant of Free Patent
c. Free Title
IV. Indefeasibility of title through administrative method

Heirs of Tengco v. Heirs of Aliwalas, G.R. No. 77541. Nov. 29, 1988

Comprehensive Agrarian Reform Law (CARL) or R.A. 6657

Indigenous Peoples’ Right Act (IPRA) or R.A. 8371

Cruz v. Secretary of ENR, G.R. No. 135385. December 6, 2000, Read separate opinion by Justice Puno

Regalian Doctrine: Concept and Effects


Regalian Doctrine: Concept and Effects

> Generally, under this concept, private title to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American Colonial Government, and thereafter, the Philippine Republic
> In a broad sense, the term refers to royal rights, or those rights to which the King has by virtue of his prerogatives
> The theory of jure regalia was therefore nothing more than a natural fruit of conquest

CONNECTED TO THIS IS THE STATE’S POWER OF DOMINUUM

> Capacity of the state to own or acquire property—foundation for the early Spanish decree embracing the feudal theory of jura regalia
> This concept was first introduced through the Laws of the Indies and the Royal Cedulas
> The Philippines passed to Spain by virtue of discovery and conquest. Consequently, all lands became the exclusive patrimony and dominion of the Spanish Crown.
> The Law of the Indies was followed by the Ley Hipotecaria or the Mortgage Law of 1893. This law provided for the systematic registration of titles and deeds as well as possessory claims
> The Maura Law: was partly an amendment and was the last Spanish land law promulgated in the Philippines, which required the adjustment or registration of all agricultural lands, otherwise the lands shall revert to the State

TAKE NOTE THAT THE REGALIAN DOCTRINE IS ENSHRINED IN OUR PRESENT AND PAST CONSTITUTIONS THE 1987 CONSTITUTION PROVIDES UNDER NATIONAL ECONOMY AND PATRIMONY THE FOLLOWING—

> “ Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.”
> The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full
control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization

THE 1987 PROVISION HAD ITS ROOTS IN THE 1935 CONSTITUTION

WHICH PROVIDES—

> Section 1. All agricultural timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and limit of the grant.

THE 1973 CONSTITUTION REITERATED THE REGALIAN DOCTRINE

AS FOLLOWS—
> Section 8. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twentyfive years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant.

THE REGALIAN DOCTRINE DOESN’T NEGATE NATIVE TITLE. THIS IS IN PURSUANCE TO WHAT HAS BEEN HELD IN CRUZ V. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES

> Petitioners challenged the constitutionality of Indigenous Peoples Rights Act on the ground that it amounts to an unlawful deprivation of the State’s ownership over lands of the public domain and all other natural resources therein, by recognizing the right of ownership of ICC or IPs to their ancestral domains and ancestral lands on the basis of native title.
> As the votes were equally divided, the necessary majority wasn’t obtained and petition was dismissed and the law’s validity was upheld
> Justice Kapunan: Regalian theory doesn’t negate the native title to lands held in private ownership since time immemorial, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT, where the US SC through Holmes held: “xxx the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land.”
> Existence of native titie to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia
> Justice Puno: Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the Islands via the Philippine Bill of 1902. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society. It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains
> Justice Vitug: Carino cannot override the collective will of the people expressed in the Constitution.
> Justice Panganiban: all Filipinos, whether indigenous or not, are subject to the Constitution, and that no one is exempt from its allencompassing provisions

Section 2, R.A. 9176


Section 2, R.A. 9176 (AN ACT EXTENDING THE PERIOD UNTIL DECEMBER 31, 2020 FOR THE FILING OF APPLICATIONS FOR ADMINISTRATIVE LEGALIZATION (FREE PATENT) AND JUDICIAL CONFIRMATION OF IMPERFECT AND INCOMPLETE TITLES TO ALIENABLE AND DISPOSABLE LANDS OF THE PUBLIC DOMAIN)

Section 2. Section 47, Chapter VIII of the same ACT, as amended, is hereby further amended to read as follows:

“Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several periods of time designated by the President in accordance with Section Forty-Five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior to the period fixed by the President.