December
1, 1936
AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN
TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION
SHORT
TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND OFFICERS CHARGED WITH ITS
EXECUTION
SECTION 1. The short title of
this Act shall be "The Public Land Act.
SECTION 2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called "friar lands'' and those which, being privately owned, have reverted to or become the property of the Commonwealth of the Philippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted.
SECTION 3. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate control.
SECTION 4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to questions of fact shall be conclusive when approved by the Secretary of Agriculture and Commerce.
SECTION 5. The Director of
Lands, with the approval of the Secretary of Agriculture and Commerce shall
prepare and issue such forms, instructions, rules, and regulations consistent
with this Act, as may be necessary and proper to carry into effect the
provisions thereof and for the conduct of proceedings arising under such
provisions.
CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE PUBLIC DOMAIN, FOR THE CONCESSION THEREOF
SECTION 6. The President, upon
the recommendation of the Secretary of Agriculture and Commerce, shall from
time to time classify the lands of the public domain into —
(a) Alienable or
disposable;
b) Timber, and
(c) Mineral
lands,
and may at any time and in a like manner transfer such lands
from one class to another, for the purposes of their administration and
disposition.
SECTION 7. For the purposes of
the administration and disposition of alienable or disposable public lands, the
President, upon recommendation by the Secretary of Agriculture and Commerce,
shall from time to time declare what lands are open to disposition or
concession under this Act.
SECTION 8. Only those lands
shall be declared open to disposition or concession which have been officially
delimited and classified and, when practicable, surveyed, and which have not
been reserved for public or quasi-public uses, nor appropriated by the
Government, nor in any manner become private property, nor those on which a
private right authorized and recognized by this Act or any other valid law may
be claimed, or which, having been reserved or appropriated, have ceased to be
so However, the President may, for reasons of public interest, declare lands of
the public domain open to disposition before the same have had their boundaries
established or been surveyed, or may, for the same reason, suspend their
concession or disposition until they are again declared open to concession or
disposition by proclamation duly published or by Act of the National
Assembly.
SECTION 9. For the purpose of
their administration and disposition, the lands of the public domain alienable
or open to disposition shall be classified, according to the use or purposes to
which such lands are destined, as follows:
(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.
The
President, upon recommendation by the Secretary of Agriculture and Commerce,
shall from time to time make the classifications provided for in this section,
and may, at any time and in a similar manner, transfer lands from one class to
another.
SECTION 10. The words
"alienation, "'disposition, or "concession" as used in this
Act, shall mean any of the methods authorized by this Act for the acquisition,
lease, use, or benefit of the lands of the public domain other than timber or
mineral 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.
SECTION 22. Any citizen
of lawful age of the Philippines, and any such citizen not of lawful age who is
a head of a family, and any corporation or association of which at least sixty
per centum of the capital stock or of any interest in said capital stock
belongs wholly to citizens of the Philippines, and which is organized and
constituted under the laws of Philippines, and corporate bodies organized in
the Philippines authorized under their charters to do so; may purchase any
tract of public agricultural land disposable under this Act, not to exceed one
hundred and forty-four hectares in the case of an individual and one thousand
and twenty-four hectares in that of a corporation or association, by proceeding
as prescribed in this chapter: Provided, That partnerships shall be entitled to
purchase not to exceed one hundred and forty-four hectares for each member
thereof. but the total area so purchased shall in no case exceed the one
thousand and twenty-four hectares authorized in this section for associations
and corporations.
SECTION 23. No
person, corporation, association, or partnership other than those mentioned in
the last preceding section may acquire or own agricultural public land or land
of any other denomination or classification, which is at the time or was
originally, really or presumptively, of the public domain, or any permanent
improvement thereon, or any real right on such land and improvement:
Provided, however, That
persons, corporations,
associations or
partnerships
which, at the date upon which the Philippine Constitution took effect, held
agricultural public lands or land of any other denomination, that belonged
originally, really or presumptively, to the public domain, or permanent
improvements on such lands, or a real right upon such lands and Constitution
took improvements, having acquired the same under the laws and regulations in
force at the date of such acquisition, shall be authorized to continue holding
the same as if such persons, corporations, associations, or partnerships were
qualified under the last preceding section; but they shall not encumber,
convey, or alienate the same to persons, corporations, associations, or
partnerships not included in section twenty-two of this Act, except by reason
of hereditary succession, duly legalized and acknowledged by competent courts.
SECTION 24. Lands sold
under the provisions of this chapter must be appraised in accordance with
section one hundred and sixteen of this Act. The Director of Lands shall
announce the sale thereof by publishing the proper notice once a week for six
consecutive weeks in the Official Gazette, and in two newspapers one published
in Manila and the other published in the municipality or in the province where
the lands are located, or in a neighboring province, and
the
same notice shall be posted on the bulletin board of the Bureau Of Lands in
Manila, and in the most conspicuous place in the provincial building and the
municipal building of the province and municipality, respectively, where the
land is located, and, if practicable, on the land itself; but if the value of
the land does not exceed two hundred and forty pesos, the publication in the
Official Gazette and newspapers may be omitted. The notices shall be published
one in English and the other in Spanish or in the local dialect, and shall fix
a date not earlier than sixty days after the date of the notice upon which the
land will be awarded to the highest bidder, or public bids will be called for,
or other action will be taken as provided in this chapter.
SECTION 25. Public
agricultural lands which are not located within ten (10) kilometers from the
boundaries of the city proper in chartered cities or within five (5) kilometers
from the municipal hall or town occupants plaza of any municipality may be sold
to actual occupants who do not own any parcel of land or whose total land
holdings do not exceed five hectares and who comply with the minimum
requirements of Commonwealth Act numbered one hundred forty-one, as amended,
and who have resided on the land applied for at least two years prior to the
date of the application.
All
bids must be sealed and addressed to the Director of Lands and must have inclosed therewith cash or certified check, treasury
warrant, or post-office money order payable to the order of the Director of
Lands for ten per centum of the amount of the bid, which amount shall be
retained in case the bid is accepted as part payment of the purchase price:
Provided, That no bid shall be considered the amount of which is less than the
appraised value of the land.
In
addition to existing publication requirements in section twenty-four of
Commonwealth Act Numbered one hundred forty-one, as amended, notices and of
applications shall be posted for a period of not less than thirty days in at
least three conspicuous places in the municipality where the parcel of land is
located, one of which shall be at the municipal building, and other, in the
barrio council building of the barrio where the land is located.
SECTION 26. Upon the
opening of the bids, the land shall be awarded to the highest bidder. If there
are two or more equal bids which are higher than the others, and one of such
equal bids is that of the applicant, his bid shall be accepted. If, however,
the bid of the applicant is not one of such equal and higher bids, the Director
of Lands shall at once submit the land for public bidding, and to
the
person making the highest bid on such public auction the land shall be awarded.
In any case, the applicant shall always have the option of raising his bid to
equal that of the highest bidder, and in this case the land shall be awarded to
him. No bid received at such public auction shall be finally accepted until the
bidder
shall have deposited ten per centum of his bid, as required in Section
twenty-five of this Act. In case none of the tracts of land that are offered
for sale or the purchase of which has been applied for, has an area in excess
of twenty-four hectares, the Director of Lands may delegate to the District
Land Officer concerned the power of receiving bids, holding the auction, and
proceeding in accordance with the provisions of this Act, but the District Land
Officer shall submit his recommendation to the Director of Lands, for the final
decision of the latter in the case.
The
District Land Officer shall accept and process any application for the purchase
of public lands not exceeding five hectares subject to the approval of the
Director of Lands within sixty days after receipt of the recommendation of said
District Land Officer.
SECTION 27. The
purchase price shall be paid as follows: The balance of the purchase price
after deducting the amount paid at the time of submitting the bid, may be paid
in full upon the making of the award, or in not more than ten equal annual
installments from the date of the award.
SECTION 28. The
purchaser shall have not less than one-fifth of the land broken and cultivated
within five years after the date of the award; and before any patent is issued,
the purchaser must show of occupancy, cultivation, and improvement of at least
one-fifth of the land applied for until the date on which final payment is
made: Provided, however, That in case land purchased is to be devoted to
pasture, it shall be sufficient compliance with this condition 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.
SECTION 29. After title
has been granted, the purchaser may not, within a period of ten years from such
cultivation or grant, convey or encumber or dispose said lands or rights
thereon to any person, corporation or association, without prejudice to any
right or interest of the Government in the land: Provided, That any sale and
encumbrance made in violation of the provisions of this section, shall be null
and void and shall produce the effect of annulling the acquisition and
reverting the property and all rights thereto to the State, and all payments on
the purchase price theretofore made to the Government shall be forfeited.
SECTION 30. If at any
time after the date of the award and before the issuance of patent, it is
proved to the satisfaction of the Director of Lands, after due notice to the
purchaser, that the purchaser has voluntarily abandoned the land for more than
one year at any one time, or has otherwise failed to comply with the
requirements of the law, then the land shall revert to the State, and all prior
payments made by the purchaser and all improvements existing on the land shall
be forfeited.
SECTION 31. No person,
corporation, association, or partnership shall be permitted, after the approval
of this Act, to acquire the title to or possess as owner any lands of the
public domain if such lands, added to other lands belonging to such person,
corporation, association, or partnership shall give a total area greater than
area the acquisition of which by purchase is authorized under this Act. Any
excess in area over this maximum and all right, title, interest, claim or
action held by any person, corporation, association, or partnership resulting
directly or indirectly in such excess shall revert to the State.
This
section shall, however, not be construed to prohibit any person, corporation,
association, or partnership authorized by this Act to require lands of the
public domain from making loans upon real necessary for the recovery of such
loans; but in this case, as soon as the excess above referred to occurs, such
person, corporation, association, or partnership shall dispose of such lands
within five years, for the purpose of removing the excess mentioned. Upon the
land in excess of the limit there shall be paid, so long as the same is not disposed
of, for the first year a surtax of fifty per centum additional to the ordinary
tax to which such property shall be subject, and for each succeeding year fifty
per centum shall be added to the last preceding annual tax rate, until the
property shall have been disposed of.
The
person, corporation, association, or partnership owning the land in excess of
the limit established by this Act shall determine the portion of land to be
segregated.
At
the request of Secretary of Agriculture and Commerce, the Solicitor-General or
the officer acting in his stead shall institute the necessary proceedings in
the proper court for the purpose of determining the excess portion to be
segregated, as well as the disposal of such portion in the exclusive interest
of the Government.
SECTION 32. 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 the next following 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. But any purchaser of public land, after having made the last payment
upon and cultivated at least one-fifth 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 purchases 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.
SECTION 33. Any citizen
of lawful age of the Philippines, and any corporation or association of which
at least sixty per centum of the capital stock or of any interest in said
capital stock belongs wholly to citizens of the Philippines, and which is
organized and constituted under the laws of the Philippines, may 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. If
the land leased is adapted to and be devoted for grazing purposes, an area not
exceeding two thousand hectares may be granted. No member, stockholder, of
officer, representative, attorney, agent, employee or bondholder of any corporation
or association holding or controlling agricultural public land shall apply,
directly or indirectly, for agricultural public land except under the homestead
and free patent provisions of this Act: Provided, 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 here-under which are not reasonably necessary to carry
on his business in ease of an individual, or the business for which it was
lawfully created and which it may lawfully pursue in the Philippines, if an
association or corporation.
SECTION 34. A notice of
the date and place of the auction of the right to lease the land shall be
published and announced in the same manner as that prescribed for the
publication and announcement of the notice of sale, in section twenty-four of
this Act.
SECTION 35. All bids
must be sealed and addressed to the Director of Lands and must have enclosed
therewith cash or a certified check, Treasury warrant, or post-office money
order payable to the order of the Director of Lands, for a sum equivalent to
the rental for at least, the first three months of the lease: Provided, That no
bid shall be considered in which the proposed annual rental is less than three
per centum of the value of the land according to the appraisal made in
conformity with section one hundred and sixteen of this Act.
SECTION 36. The auction
of the right to lease the land shall be conducted under the same procedure as
that prescribed for the auction sale of agricultural lands as described in
section twenty-six of this Act: Provided, That no bid shall be accepted until
the bidder shall have deposited the rental for at least the first three months
of the lease.
SECTION 37. 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 sixteen of this Act; except for lands reclaimed by the
Government, which shall not be less than four per centum of the appraised and
reappraised value of the land: Provided, That one-fourth of the annual rental of
these lands reclaimed prior to the approval of this Act shall accrue to the
construction and improvement portion of the Portworks
Funds: And provided, further, That the
annual rental of not less than four per centum of the appraised and reappraised
value of the lands reclaimed using the Portworks Fund
after the approval of this Act shall all accrue to the construction and
improvement portion of the Portworks Fund. But if the
land leased is adapted to and be devoted for granting purposes, the annual
rental shall be not less than two per centum of-the appraised and reappraised
value thereof- Every contract of lease under the provisions of this chapter
shall contain a cause to the effect that are appraisal of the land leased shall
be made every ten years from the date of the approval of the lease, 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 one hundred of this Act.
SECTION 38. 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, in case the lessee shall
have made important improvements which, in the discretion of the Secretary of
Agriculture and Commerce justify a renewal. 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.
SECTION 39. 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: Provided, however, That in case the land
leased is to be devoted to pasture, it shall be sufficient compliance with this
condition if 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.
SECTION 40. The lessee
shall not assign, encumber, or sublet his rights without the consent of the
Secretary of Agriculture and Commerce, and the violation of this condition
shall avoid the contract: Provided, That assignment, encumbrance, or subletting
for purposes 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 any previous Act, to persons, corporations, or
associations which under this Act, are not authorized to lease public lands.
SECTION 41. The lease of
any lands under this chapter shall not confer the right to remove or dispose of
any valuable timber except as provided in the regulations of the Bureau of
Forestry for cutting timber upon such lands. Nor shall such lease confer the
right to remove or dispose of stone, oil, coal, salts. or other minerals, or
medicinal mineral waters existing upon the same. The lease as to the part of
the land which shall be mineral may be canceled by the Secretary of Agriculture
and Commerce, after notice to the lessee, whenever the said part of the land is
more valuable for agricultural purposes.
The
commission of waste or violation of the forestry regulations by the lessee
shall work a forfeiture of his last payment of rent and render him liable to
immediate dispossession and suit for damage.
SECTION 42. After
having paid rent for at least the first two years of the lease, and having
complied with the requirements prescribed in section thirty nine, the lessee of
agricultural public land with an area 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 leases 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.
SECTION 43. During the
life of the lease, any lessee who shall have complied with all the conditions
thereof and shall have the qualifications required by section twenty-two, shall
have the option of purchasing the land leased subject to the restrictions of
chapter five of this Act.
SECTION 44. 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 twenty-six
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, or who shall have paid the real estate tax
thereon while same has not been occupied by any person shall be entitled, under
the provisions of this chapter, to have a free patent issued to him for such
tract or tracts of such land not to exceed twenty-four hectares.
A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the right granted in the preceding paragraph of this section: Provided, That at the time he files his free patent application he is not the owner of any real property secured or disposable under this provision of the Public Land Law
SECTION 45. The President
of the Philippines (Prime Minister), upon recommendation of the Secretary of
Natural Resources, shall from time to time fix by proclamation the period which
applications for Proclamation free patents may
be filed in the
district, chartered city, of
period province, municipality or
region
specified in such proclamation, and upon the expiration of the period so
designated, unless the same be extended by the President (Prime Minister) all
the land comprised within such district, chartered city, province, municipality
or region subject thereto under the provisions of this chapter may be disposed
of as agricultural public land without prejudice to the prior right of the
occupant and cultivator to acquire such land under this Act by means other than
free patent. The time to be fixed in the entire Archipelago for the filing of
applications under this Chapter shall not extend beyond December 31, 1987,
except in the provinces of Agusan del Norte, Agusan del Sur, Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del Sur, Davao
Oriental, Sulu, Mt. Province, Benguet,
Kalinga-Apayao, and Ifugao where the President of the
Philippines, upon recommendation of the Secretary of Natural Resources, shall
determine or fix the time beyond which the filing of applications under this
Chapter shall not extend. The period fixed for any district, chartered city,
province, or municipality shall begin to run thirty days after the publication
of the proclamation in the Official Gazette and if available in one newspaper
of general circulation in the city, province or municipality concerned.
A
certified copy of said proclamation shall be furnished by the Secretary of
Natural Resources within 30 days counted from the date of the presidential
proclamation to the Director of Lands and to the provincial board, the
municipal board or city council and barangay council affected, and copies
thereof shall be posted on the bulletin board of the Bureau of Lands at Manila
and at conspicuous places in the provincial building and at the municipal
building and barangay hall or meeting place. It shall moreover, be announced by
government radio whenever available, in each of the barrios of the
municipality.
SECTION 46. If, after
the filing of the application and the investigation, the Director of Lands
shall be satisfied of the truth of the allegations contained the application
and that the applicant comes within the provisions chapter, he shall cause a
patent to issue to the applicant or his legal successor for the tract so
occupied and cultivated, provided its area does not exceed twenty-four
hectares: Provided, That no application shall be finally acted upon until
notice thereof has been published in the municipality and barrio in which the land
is located and adverse claimants have had an opportunity to present their
claims.
SECTION 47. The persons
specified in the next following section are hereby granted time, not to extend
beyond December 31, 1987 within which to take advantage of the benefit of this
chapter: Provided, That this extension shall apply only where the area applied
for does not exceed 144 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 of said
persons from acting under this chapter at any time prior to the period fixed by
the President.
SECTION 48. The
following-described citizens of the Philippines, occupying lands of the public
domain or claiming to own any such lands or an interest therein, but whose
titles have not been perfected or completed, may apply to the Court of First
Instance of the province where the land is located for confirmation of their
claims and the issuance of a certificate of title therefor, under the Land
Registration Act , to wit:
(a)
Those who
prior to the transfer of sovereignty from Spain to the prior United States have
applied for the purchase, composition or other form of grant of lands of the
public domain under the laws and royal decrees then in force and have
instituted and prosecuted the
proceedings in
connection therewith, but
have with or
without
default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications.
(b)
Those who by
themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of agricultural
lands of the public domain, under a bona fide claim of acquisition or
ownership, for at least thirty years immediately preceding the filing of the
application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have
performed all the conditions essential to a Government grant and shall be
entitled to a certificate of title under the provisions of this chapter.
(c)
Members of the
national cultural minorities who by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of lands of the public domain suitable to
agriculture, whether disposable or not, under a bona fide claim of ownership
for at least 30 years shall be entitled to the rights granted in sub-section
(b) hereof.
SECTION 49. No person
claiming title to lands of the public domain not possession of the
qualifications specified in the last preceding section may apply for the
benefits of this chapter.
SECTION 50. Any person
or persons, or their legal representatives or successors in right, claiming any
lands or interest in lands under the provisions of this chapter, must in every
case present an application to the proper Court of First Instance, praying that
the validity of the alleged title or claim be inquired into and that a certificate
of title be issued to them under the provisions of the Land Registration Act.
The
application shall conform as nearly as may be in its material allegations to
the requirements of an application for registration under the Land Registration
Act, and shall be accompanied by a plan of the land and all documents
evidencing a right on the part of the applicant to the land claimed. The
application shall also state the citizenship of the applicant and shall set
forth fully the nature of the claim and when based upon proceeding initiated
under Spanish laws, it
shall
specify as exactly as possible the date and form of application for purchase
composition or other form of grant, the extent of the compliance with the
conditions required by the Spanish laws and royal decrees for the acquisition
of legal title, and if not fully complied with, the reason for such
noncompliance, together with a statement of the length of time such land or any
portion thereof has been actually occupied by the claimant or his predecessors
in interest; the use made of the land, and the nature of the inclosure, if any. The fees provided to be paid for the
registration of lands under the Land Registration Act shall be collected from
applicants under this chapter.
SECTION 51. Applications
for registration under this chapter shall be heard in the Court of First
Instance in the same manner and shall be subject to the same procedure as
established in the Land Registration Act for other applications, except that a
notice of all such applications, together with a plan of the lands claimed,
shall be immediately forwarded to the Director of Lands, who may appear as a
party in such cases: Provided, That
prior to the publication for
hearing,
all of the papers in said case shall be transmitted papers by the clerk to the
Solicitor General or officer acting in his stead, in order that he may, if he
deems it advisable for the interests of the Government, investigate all of the
facts alleged in the application or otherwise brought to his attention. The
Solicitor-General shall return such papers to the clerk as soon as practicable
within three months.
The
final decree of the court shall in every case be the basis for the original
certificate of title in favor of the person entitled to the property under the
procedure prescribed in section forty-one of the Land Registration Act.
SECTION 52. In
cadastral proceedings, instead of an application, an answer or claim may be
filed with the same effect as in the procedure provided in the last preceding
two sections.
SECTION 53. It shall be
lawful for the Director of Lands, whenever in the opinion of the President the
public interests shall require it, to cause to be filed in the proper Court of
First Instance, through the Solicitor-General or the officer acting in his
stead, a petition against the holder, claimant, possessor, or occupant of any
land who shall not have voluntarily come in under the provisions of this
chapter or of the Land Registration Act, stating in substance that the title of
such holder, claimant, possessor, or occupant is open to discussion; or that
the boundaries of any such land which has not been brought into court as
aforesaid are open to question; or that it is advisable that the title to such
lands be settled and adjudicated, and praying that the title to any such land
or the boundaries thereof or the right to occupancy thereof be settled and
adjudicated. The judicial proceedings under this section shall be in accordance
with the laws on adjudication of title in cadastral proceedings.
SECTION 54. If in the
hearing of any application arising under this chapter the court shall find that
more than one person or claimant has an interest in the land, such conflicting
interests shall be adjudicated by the court and decree awarded in favor of the
person or persons entitled to the land according to the laws, but if none of
said person is entitled to the land, or if the person who might be entitled to
the same lacks the qualifications required by this Act for acquiring
agricultural land of the public domain, the decision shall be in favor of the
Government.
SECTION 55. Whenever,
in any proceedings under this chapter to secure registration of an incomplete
or imperfect claim of title initiated prior to the transfer of sovereignty from
Spain to the United States, it shall appear that had such claims been
prosecuted to completion under the laws prevailing when instituted, and under
the conditions of the grant then contemplated, the conveyance of such land to
the applicant would not have been gratuitous, but would have involved payment
therefor to the Government, then and in that event the court shall, after
decreeing in whom title should vest, further determine the amount to be paid as
a condition for the registration of the land. Such judgment shall be certified
to the Director of Lands by the clerk of the court for collection of the amount
due from the person entitled to conveyance.
Upon
payment to the Director of Lands of the price specified in the judgment, he
shall so certify to the proper Court of First Instance and said court shall
forthwith order the registration of the land in favor of the competent person
entitled thereto. If said person shall fail to pay the amount of money required
by the decree within a reasonable time fixed in the same, the court shall order
the proceeding to stand dismissed and the title to the land shall then be in
the State free from any claim of the applicant.
SECTION 56. Whenever
any judgment of confirmation or other decree of the court under this chapter
shall become final, the clerk of the court concerned shall certify that fact to
the Director of Lands, with a certified copy of the decree of confirmation or
judgment of the court and the plan and technical description of the land
involved in the decree or judgment of the court.
SECTION 57. No title or
right to, or equity in, any lands of the public domain may hereafter be
acquired by prescription or by adverse possession or occupancy, or under or by
virtue of any law in effect prior to American occupation, except as expressly
provided by laws enacted after said occupation of the Philippines by the United
States.
LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSES
CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR RESIDENCE, COMMERCE AND INDUSTRY
SECTION 58. Any tract
of land of the public domain which, being neither timber nor mineral land, is
intended to be used for residential purposes or for commercial, industrial, or
other productive purposes other than agricultural, and is open to disposition
or concession, shall be disposed of under the pro-visions of this chapter and
not otherwise.
SECTION 59. The lands
disposable under this title shall be classified as follows:
(a) Lands reclaimed by the Government by dredging, filing, or other means;
(b) Foreshore;
(b)
Marshy lands
or lands covered with water bordering upon the shores or banks of navigable
lakes or rivers;
(c)
Lands not
included in any of the foregoing classes.
SECTION 60. Any tract
of land comprised under this title may be leased or sold, as the case may be,
to any person, corporation, or association authorized to purchase or lease
public lands for agricultural purposes. The area of the land so leased or sold
shall be such as shall, in the judgment of the Secretary of Agriculture and
Natural Resources, be reasonably necessary for the purposes for which such sale
or lease is requested, and shall in no case exceed one hundred and forty-four
hectares: Provided, however, That this limitation shall not apply to grants,
donations, transfers made to a province, municipality or branch or subdivision
of the Government for the purposes deemed by said entities conducive to the
public interest; but the land so granted donated, or transferred to a province,
municipality, or branch or subdivision of the Government shall not be
alienated, encumbered, or otherwise disposed of in a manner affecting its
title, except when authorized by Congress: Provided, further, That any person,
corporation, association or partnership disqualified from purchasing public
land for agricultural purposes under the provisions of this Act, may lease land
included under this title suitable for industrial or residential purposes, but
the lease granted shall only-be valid while such land is used for the purposes
referred to.
SECTION 61. The lands
comprised in classes (a), (b), and (c) of section fifty-nine shall be disposed
of to private parties by lease only and not otherwise, as soon as the
President, upon recommendation by the Secretary of Agriculture and Commerce.
shall declare that the same are not necessary for the public service and are
open to disposition under this chapter. The lands included in class (d) may be
disposed of by sale or lease under the provisions of this Act.
SECTION 62. The lands
reclaimed by the Government by dredging, filling or otherwise shall be surveyed
and may, with the approval of the Secretary of Agriculture and Commerce, be
divided by the Director of Lands into lots and blocks, with the necessary streets
and alley-ways between them, and said Director shall give notice to the public
by publication in the Official Gazette or by other means, that the lots or
blocks not needed for public purposes shall be leased for commercial or
industrial or other similar purposes.
SECTION 63. 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
Commerce 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 purpose stated in the notice and subject to the
conditions specified in this chapter.
SECTION 64. The leases
executed under this chapter by the Secretary of Agriculture and Commerce shall,
among other conditions, contain the following:
(a)
The rental
shall not be less than three per centum of the appraised or reappraised value
of the land plus one per centum of the appraised or reappraised value of the
improvements, except for lands reclaimed by the Government which shall not be
less than four per centum of the appraised or reappraised value of the land
plus two per centum of the appraised or reappraised value of the improvements
thereon: Provided, That twenty-five per centum of the total annual rental on
all lands reclaimed prior to the approval of this Act and one per centum of the
appraised or reappraised value of improvements shall accrue to the construction
and improvement portion of the Portworks Fund: And
provided, further, That the annual rental on lands reclaimed using the Portworks Fund together with the fee due on account of the
improvement thereon after the effectivity of this Act shall all accrue to the
construction and improvement portion of the Portworks
Fund.
(b)
The land
rented and the improvements thereon 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-eight 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 right to lease the land, and shall complete
the said construction within eighteen months from said date.
(e)
At the
expiration of the lease or of any extension of the same, all improvements made
by the 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.
(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
Commerce may, however, subject to such conditions 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.
SECTION 65. The sale of
the lands comprised in classes (c) and (d) of section fifty-nine 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 order of award, and shall complete the construction of
said improvements within eighteen months from the date of such award; otherwise
the Secretary of Agriculture and Natural Resources may rescind the contract.
(b)
The purchase
price shall be paid in cash or in equal annual installments, not to exceed ten.
The
contract of sale may contain other conditions not inconsistent with the
provisions of this Act.
SECTION 66. The kind of
improvements to be made by the lessee or the purchaser, and the plans thereof,
shall be subject to the approval of the Secretary of Public Works and
Communications, in case they are constructions or improvements which if by the
Government, would properly have to be executed under the supervision of the
Bureau of Public Works.
SECTION 67. 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-six 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 in any other newspapers of
general circulation, the lease or sale of those lots, if necessary
SECTION 68. The
Secretary of Agricultural and Commerce may grant to qualified persons 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.
LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES
CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES
SECTION 69. Whenever
any province, municipality, or other branch or subdivision of the Government
shall need any portion of the land of the public domain open to concession for
educational, charitable or other similar purposes, the President, upon
recommendation by the Secretary of Agriculture and Commerce, may execute
contracts in favor of the same. in the form of donation, sale, lease, exchange,
or any other form, under terms and conditions to be inserted in the contract;
but land so granted shall in no case be encumbered or alienated, except when
the public service requires their being leased or exchanged, with the approval
of the President, for other lands belonging to private parties, or if the
National Assembly disposes otherwise.
SECTION 70. Any tract
of public land of the class covered by this title maybe sold or leased for the
purpose of founding a cemetery, church, college, school, university, or other
institutions for educational, charitable or philanthropical
purposes or scientific research, the area to be such as may actually and
reasonably be necessary to carry out such purpose, but not to exceed ninety-six
hectares in any case. The sale or lease shall be made subject to the same
conditions as required for the sale and lease of agricultural public land, but
the Secretary of Agriculture and Commerce may waive the conditions requiring
cultivation. The Secretary of Agriculture and Commerce, if conveyance he sees
fit, may order the sale to be made without public auction, at a price to be
fixed by said Secretary, or the lease to be granted without auction, at a
rental to be fixed by him. In either case it shall be a condition that the
purchaser or lessee or their successors or assigns shall not sell transfer,
encumber or lease the land for the purposes of speculation or use it for any
purpose other than that contemplated in the application, and that the violation
of this condition shall give rise to the immediate rescission of the sale or
lease, as the case may be, and to the forfeiture to the Government of all
existing improvements: Provided, That it shall in no case be sublet, encumbered
or resold under the conditions above set forth except with the approval of the
Secretary of Agriculture and Commerce.
SECTION 71. Whenever it
shall be considered to be in the public interest to found a new town. the
Secretary of Agriculture and Commerce shall direct the Director of Lands to
have a survey made by his Bureau of the exterior boundaries of the site on
which such town is to be established, and upon the completion of the survey he shall
send the same to said Secretary, with his recommendations.
SECTION 72. The
Secretary of Agriculture and Commerce, if he approves the recommendations of
the Director of Lands, shall submit the matter to the President to the end that
the latter may issue a proclamation reserving the land surveyed, or such part
thereof as he may deem proper, as a town site, and a certified copy of such
proclamation shall be sent to the Director of Lands and another to the register
of deeds of the province in which the surveyed land lies.
SECTION 73. It shall then be the duty of the
Director of Lands, after having recorded the proclamation of the President and
the survey accompanying the same, and having completed the legal proceedings
prescribed in chapter thirteen of this Act, to direct a subdivision in
accordance with the instructions of the Secretary of Agriculture and Commerce,
if there shall be such instructions, and if there shall not be any, then in the
manner which may to the Director of Lands seem best adapted to the convenience
and interest of the public and the residents of the future town.
SECTION 74. The plat of
the subdivision shall designate certain lots for commercial and industrial uses
and the remainder as residence lots, and shall also reserve and note the lots
owned by private individuals as evidenced by record titles, or possessed or
claimed by them as private property. Such lots, whether public or private,
shall be numbered upon a general plan or system.
The
plat prepared by the Director of Lands shall be submitted to the Secretary of
Agriculture and Commerce for consideration, modification, amendment, or
approval.
SECTION 75. Unless the
necessary reservations are made in the proclamation of the President, the
Director of Lands, with the approval of the Secretary of Agriculture and
Commerce, shall reserve out of the land by him to be subdivided lots of
sufficient size and convenient situation for public use, as well as the
necessary avenues, streets, alleyways, parks, and squares. The avenues, streets,
alleys, parks, plazas, and lots shall be laid out on the plat as though the
lands owned or claimed by private persons were part of the public domain and
part of the reservation, with a view to the possible subsequent purchase or
condemnation thereof, if deemed necessary by the proper authorities.
SECTION 76. At any time
after the subdivision has been made, the President may, in case the public
interest requires it, reserve for public purposes any lot or lots of the land
so reserved and not disposed of.
SECTION 77. If, in
order to carry out the provisions of this chapter, it shall be necessary to
condemn private lands within the limits of the new town, the President shall
direct the Solicitor-General or officer acting in his stead to at once begin proceedings
for condemnation, in accordance with the provisions of existing law.
SECTION 78. When the
plat of subdivision has been finally approved by the Secretary of Agriculture
and Commerce, the Director of Lands shall record the same in the records of his
office and shall forward a certified copy of such record to the register of
deeds of the province in which the land lies, to be by such register recorded
in the records of his office
SECTION 79. 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 plat
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 provisions of this Act. The provisions of sections
twenty-six and sixty-five 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.
SECTION 80. All funds
derived from the sale of lots shall be covered into the Philippine Treasury as
part of the general funds.
SECTION 81. Not more
than two residence lots and two lots for commercial and industrial uses in any
one town site shall be sold to any one person, corporation, or association
without the specific approval of the Secretary of Agriculture and Commerce.
SECTION 82. The
Assembly shall have the power at any time to modify, alter, rescind, repeal,
annul, and cancel, with or without conditions, limitation, exceptions, or
reservations, all and any dispositions made by the executive branch of the
Philippine Government by virtue of this chapter, and the exercise of this power
shall be understood as reserved in all cases, as an inherent condition thereof.
SECTION 83. Upon the
recommendation of the Secretary of Agriculture and Commerce, the President may
designate by proclamation any tract or tracts of land of the public domain as
reservations for the use of the Commonwealth of the Philippines or of any of
its branches, or of the inhabitants thereof, in accordance with regulations
prescribed for this purpose, or for quasi-public uses or purposes when the
public interest requires it, including reservations for highways, rights of way
for railroads, hydraulic power sites, irrigation systems, communal pastures or
leguas comunales, public parks, public quarries,
public fishponds, workingmen's village and other improvements for the public
benefit.
SECTION 84. Upon
recommendation of the Secretary of Agriculture and Commerce, the President, may
by proclamation, designate any tract or tracts of the public domain for the
exclusive use of the non-Christian Filipinos, including in the reservation, in
so far as practicable, the lands used or possessed by them, and granting to
each member not already the owner, by title or gratuitous patent, of four or
more hectares of land, the use and benefit only of a tract of land not to
exceed four 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 President may order that the
lands 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 Commerce 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 or transfer rights of property, privileges, or
easements appertaining 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 Philippines were under the sovereignty of
Spain, or without the consent of the United States Government or of the
Philippine Government since the sovereignty over the Archipelago was transferred
from Spain to the United States, and all 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.
SECTION 85. Upon
recommendation by the Secretary of Agriculture and Commerce, the President may,
by proclamation designate any tract or tracts of land of the public domain for
the establishment of agricultural colonies; and although the disposition of the
lands to the colonists shall be made under the provisions of this Act, yet,
while the Government shall have the supervision and management of said
colonies, the Secretary of Agriculture and Commerce may make the necessary rules and regulations
for the organization and internal administration of the same. The Secretary of
Agriculture and Commerce may also, under conditions to be established by the
Assembly, turn over a colony so reserved
to any person or corporation, in order that such
person or corporation
may
clear, break, and prepare for cultivation the lands of said colony and
establish the necessary irrigation system and suitable roads and fences; but
final disposition shall be made of the land in accordance with the provisions
of this Act, subject, however, to such conditions as the National Assembly may
establish for the reimbursement of the expense incurred in putting such lands
in condition for cultivation: Provided, That the National Assembly may direct
that such land so prepared for cultivation may be disposed of only by sale or
lease.
SECTION 86. A certified
copy of every proclamation of the President issued under the provisions of this
title shall be forwarded to the Director of Lands for record in his office, and
a copy of this record shall be forwarded to the register of deeds of the
province or city where the land lies. Upon receipt of such certified copy, the
Director of Lands shall order the immediate survey of the proposed reservation
if the land has not yet been surveyed, and as soon as the plat has been
completed, he shall proceed in accordance with the next following section.
SECTION 87. If all the
lands included in the proclamation of the President are not registered under
the Land Registration Act, the Solicitor-General, if requested to do so by the
Secretary of Agriculture and Commerce, shall proceed in accordance with the
provision of section fifty-three of this Act.
SECTION 88. The tract
or tracts of land reserved under the provisions of section eighty-three 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 President.
APPLICATIONS: PROCEDURE, CONCESSION OF LANDS, AND LEGAL RESTRICTIONS AND ENCUMBRANCES
SECTION 89. All
applications filed under the provisions of this Act shall be addressed to the
Director of Lands.
SECTION 90. Every
application under the provisions of this Act shall be made under oath and shall
set forth:
(a)
The full name
of applicant, his age, place of birth, citizenship, civil status, and
post-office address. In case the applicant is a corporation, association or copartnership, the application shall be accompanied with a
certified copy of its articles of incorporation, association or copartnership together with an affidavit of its President,
manager, or other responsible officer, giving the names of the stockholders or
members, their citizenship, and the number of shares subscribed by each.
(b)
That the
applicant has all the qualifications required by this Act in the case.
(c)
That he has
none of the disqualifications mentioned herein.
(d)
That the
application is made in good faith, for the actual purpose of using the land for
the object specified in the application and for no other purpose, and that the
land is suitable for the purpose to which it is to be devoted.
(e)
That the
application is made for the exclusive benefit of the application and not,
either directly or indirectly, for the benefit of any other person or persons,
corporation, association, or partnership.
(f)
As accurate a
description of the land as may be given, stating its nature the province,
municipality, barrio, and sitio where it is located,
and its limits and boundaries, specifying those having reference to accidents
of the ground or permanent monuments, if any.
(g)
Whether all or
part of the land is occupied or cultivated or improved, and by whom, giving his
post-office address, and whether the land has been occupied or cultivated or
improved by the applicant or his ascendant, the name of the ascendant, the
relationship with him, the date and place of the death of the ascendant, the
date when the possession and cultivation began, and description of the
improvements made, accompanying satisfactory evidence of the relationship of
the applicant with the ascendant, and of the death of the latter and the
descendants left by him, in case it is alleged that he occupied and cultivated
the land first; or whether there are indications of its having been occupied,
cultivated, or improved entirely or partially, and if so, in what such
indications consist, whether he has made investigations as to when and by whom
such improvements were made, and if so, how such investigations were made and what
was the result thereof; or whether the land is not occupied, improved, or
cultivated either entirely or partially, and there are no indications of it
having ever been occupied, improved, or cultivated, and in this case, what is
the condition of the land.
(h)
That the land
applied for is neither timber nor mineral land and does not contain guano or
deposits of salts or coal.
(i)
That the
applicant agrees that a strip forty meters wide starting from the bank on each
side of any river or stream that may be found on the land applied for, shall be
demarcated and preserved as permanent timberland to be planted exclusively to
trees of known economic value, and that he shall not make any clearing thereon
or utilize the same for ordinary farming purposes even after patent shall have
been issued to him or a contract of lease shall have been executed in his
favor.
SECTION 91. The
statements made in the application shall be considered as essential conditions
and parts of any concession, title, or permit issued on the basis of such
application, and any false statements therein or omission of facts altering,
changing, or modifying the consideration of the facts set forth in such
statements, and any subsequent modification, alteration, or change of the
material facts set forth in the application shall ipso facto produce the
cancellation of the concession, title, or permit granted. It shall be the duty
of the Director of Lands, from time to time and whenever he may deem it
advisable, to make the necessary investigations for the purpose of ascertaining
whether the material facts set out in the application are true, or whether they
continue to exist and are maintained and preserved in good faith, and for the
purposes of such investigation, the
Director of Lands is hereby empowered
to issue subpoenas
and
subpoenas duces tecum and,
if necessary, to obtain compulsory process from the courts. In every
investigation made in accordance with this section, the existence of bad faith,
fraud, concealment, or fraudulent and illegal modification of essential facts
shall be presumed if the grantee or possessor of the land shall refuse or fail
to obey a subpoena or subpoena duces tecum lawfully issued by the Director of Lands or his
authorized delegates or agents, or shall refuse or fail to give direct and
specific answers to pertinent questions, and on the basis of such presumption,
an order of cancellation may issue without further proceedings.
SECTION 92. Although
the maximum area of public land that may be acquired is fixed, yet the spirit
of this Act is that the rule which must deter-mine the real area to be granted
is the beneficial use of the land. The concession or disposition shall be for
less than the maximum area authorized if, at the time of the issuance of the
patent or of the concession or disposition, it shall appear that the applicant
is utilizing and is only able to utilize a smaller area, even though the
application is for a greater area. For the purposes of this section, the
Director of Lands is authorized to determine the area that may be granted to
the applicant, and to deny or cancel or limit any application for concession,
purchase, or lease if convinced of the lack of means of the applicant for using
the land for the purpose for which he has requested it.
SECTION 93. Lands
applied for under this Act shall conform to the legal subdivisions and shall be
contiguous if comprising more than one subdivision. If subdivisions have not
been made on the date of the application, the lands shall be rectangular in
form so far as practicable, but it shall be endeavored to make them conform to
the legal subdivision as soon as the same has been made, provided the interests
of the applicant or grantee are protected; and the subdivision assigned to the
applicant or grantee shall, so far as practicable, include the land improved or
cultivated. The regulations to be issued for the execution of the provisions of
this section shall take into account the legal subdivision to be made by the
Government and the inadvisability of granting the best land at a given place to
only one person.
SECTION 94. In case the
legal subdivisions have already been made at the time of the filing of the
application, no charge shall be made for the survey; but if the legal
subdivisions have not yet been made, the cost of the survey shall be charged to
the Government, except in the following cases:
(a)
In purchases
under chapters five and ten of this Act, the cost of the survey shall be
charged to the purchaser if the same is a corporation, association, or partnership;
in other purchases the purchases, whoever it be, shall pay the total cost of
the survey.
(b)
In leases, the
cost of the survey shall be paid by the lessee; but at any time after the first
five years from the approval of the lease, and during Cost of the life of the same, the lessee shall be
entitled to the reimbursement of one-half of the cost of the survey, if he
shows to the satisfaction of the Director of Lands that he has occupied and
improved a sufficient area of the land or incurred sufficient expenses in
connection therewith to warrant such reimbursement.
SECTION 95. If before
the delimitation and survey of a tract of public land the President shall
declare the same disposable or alienable and such land shall be actually
occupied by a person other than the applicant, the Director of Lands shall
inform the occupant of his prior right to apply for the land and shall give him
one hundred and twenty days time in which to file the application or apply for
the concession by any of the forms of disposition authorized by this Act, if
such occupant is qualified to acquire a concession under this Act.
SECTION 96. As soon as
any land of the public domain has been surveyed, delimited, and classified, the
President may, in the order issued by him declaring it open for disposition,
designate a term within which occupants with improvements but not entitled to
free patents may apply for the land occupied by them, if they have the
qualifications required by this Act.
SECTION 97. If in the
case of the two last preceding sections, the occupant or occupants have not
made application under any of the provisions of this Act at the expiration of
the time limit fixed, they shall lose any prior right to the land recognized by
this Act, and the improvements on the land, if any, shall be forfeited to the
Government.
SECTION 98. All rights
in and interest to, and the improvements and crops upon, land for which an
application has been denied or canceled or a patent or grant refused, or a
contract or concession rescinded or annulled, shall also be forfeited to the
Government.
SECTION 99. The
Secretary of Agriculture and Commerce may order such improvements and crops to
be appraised separately, for sale to the new applicant or grantee, or may
declare such land open only to sale or lease.
SECTION 100. In case the
cancellation is due to delinquency on the part of the applicant or grantee, the
same shall be entitled to the reimbursement of the proceeds of the sale of the
improvements and crops, after deducting the total amount of his indebtedness to
the Government and the expense incurred by it in the sale of the improvements
or crops and in the new concession of the land.
SECTION 101. All actions
for the reversion to the Government of lands of the public domain or
improvements thereon shall be instituted by the Solicitor-General or the
officer acting in his stead, in the proper courts, in the name of the
Commonwealth of the
SECTION 102. Any person,
corporation, or association may file an objection under oath to any application
or concession under this Act, grounded on any reason sufficient under this Act
for the denial or cancellation of the application or the denial of the patent
or grant. If, after the applicant or grantee has been given suitable
opportunity to be duly heard, the objection is found to be well founded, the
Director of Lands shall deny or cancel the application or deny patent or grant,
and the person objecting shall, if qualified, be granted a prior right of entry
for a term of sixty days from the date of the notice.
SECTION 103. All the
proofs, affidavits, and oaths of any kind required or necessary under this Act
may be made before the justice of the peace 71 of the municipality in which the
land lies, or before the judge or clerk of the Court of First Instance of the
province in which the land lies, or before any justice of the peace or
chargeable notary public of the province in which the land lies, or before any
officer or employee of the Bureau of Lands authorized by law to administer
oaths.
The
fees for the taking of final evidence before any of the officials herein-before
mentioned shall be as follows:
For each affidavit, fifty centavos.
For each deposition of the applicant or the witness, fifty
centavos.
SECTION 104. Any owner of
uncultivated agricultural land who knowingly permits application for the same
to be made to the Government and the land to be tilled and improved by a bona
fide grantee without protesting to the Bureau of Lands within one year after
cultivation has begun, shall lose all to the part of the
land
so cultivated and improved, unless he shall bring action in the proper court
before such action for recovery prescribes and obtains favorable judgment
therein, in which case the court shall, upon its decision becoming final, order
the payment to the grantee, within a reasonable period, of the indemnity fixed
by said court for the cultivation and improvement.
SECTION 105. 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 his rights and obligations for the purposes
of this Act.
SECTION 106. If at any time
after the approval of the application and before the issuance of a patent or
the final concession of the land, or during the life of the lease, or at any
time when the applicant or grantee still has obligations pending with the
Government, in accordance with this Act, it appears that the land applied for
is necessary, in the public interest, for the protection of any source of water
or for any work for the public benefit that the Government wishes to undertake,
the Secretary of Agriculture and Commerce may order the cancellation of the
application or the non issuance of the patent or concession or the exclusion
from the land applied for of such portion as may be required, upon payment of
the value of the improvements, if any.
SECTION 107. All patents or
certificates for land granted under this Act shall be prepared in the Bureau of
Lands and shall be issued in the name of the Government of the Republic of the
Philippines under the signature of the President of the Philippines: Provided,
however, That the President of the Philippines may delegate to the Secretary of
Agriculture and Natural Resources 74 and/or the Under secretary for Natural
Resources 74 the power to sign patents or certificates covering lands not
exceeding one hundred forty-four hectares in area, and to the Secretary of
Agriculture and Natural Resources 75 the power to sign patents or certificates
covering lands exceeding one hundred forty-four hectares in area: Provided,
further, That District Land Officers in every province are hereby empowered to
sign patents or certificates covering lands not exceeding five hectares in area
when the office of the District Land Officer is properly equipped to carry out
the purposes of this Act: Provided, That no applicant shall be permitted to
split the area applied for by him in excess of the area fixed in this section
among his relatives within the sixth degree of consanguinity or affinity
excepting the applicant's married children who are actually occupying the land:
Provided, finally, That copies of said patents issued shall be furnished to the
Bureau of Lands for record purposes. No patent or certificate shall be issued
by the District Land Officer unless the survey of the land covered by such
patent or certificate, whether made by the Bureau of Lands or by a private
surveyor, has been approved by the Director of Lands. The Director of Lands
shall promptly act upon all surveys submitted to him for approval and return
the same to the District Land Officer within ninety days after receipt of such
surveys by his office. In case of disapproval, the Director of Lands shall
state the reasons therefor. Any person aggrieved by the decision or action of
the District Land Officer may, within thirty days from receipt of the copy of
the said decision, appeal to the Director of Lands. Such patents or
certificates shall be effective only for the purposes defined in Section one
hundred and twenty-two of the land Registration Act, and actual conveyance of
the land shall be effected only as provided in said section.
All
surveys pending approval by the Director of Lands at the time this Act takes
effect shall be acted upon by him within ninety days from the effectivity of
this Act.
SECTION 108. No patent
shall issue nor shall any concession or contract be finally approved unless the
land has been surveyed and an accurate plat made thereof by the Bureau of
Lands.
SECTION 109. In no case
shall any land be granted under the provisions of this Act when this affects
injuriously the use of any adjacent land or of the waters, rivers, creeks,
foreshore, roads, or roadsteads, or vest the grantee with other valuable rights
that may be detrimental to the public interest.
SECTION 110. Patents or
certificates issued under the provisions of this Act shall not include nor
convey the title to any gold, silver, copper, iron, or other metals or
minerals, or other substances containing minerals, guano, gums, precious
stones, coal, or coal oil contained in lands granted thereunder. These shall
remain to be property of the State.
SECTION 111. All persons
receiving title to lands under the provisions of this Act shall hold such lands
subject to the provisions hereof and to the same public servitudes as exist
upon lands owned by private persons, including those with reference to the
littoral of the sea and the banks of navigable rivers or rivers upon which
rafting may be done.
SECTION 112. Said land
shall further be subject to a right-of-way not exceeding sixty (60) 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 enterprise, including mining or forest concessionaires,
may reasonably require for carrying on their business, with damages for the
improvements only.
SECTION 113. The beneficial
use of water shall be the basis, the measure, and the limit of all rights
thereto, and the patents herein granted shall be subject to the right of the
Government to make such rules and regulations for the use of water and the
protection of the water supply, and for other public purposes, as it may deem
best for the public good. Whenever, by priority of possession, rights to the
use of water for mining, agricultural, manufacturing, or other purposes have
vested and accrued, and the same are recognized and acknowledged by the local
customs, or by the laws and decisions of the courts, the possessors and owners
of such vested rights shall be maintained and protected in the same, and all
patents granted under this Act shall be subject to any vested and accrued
rights to ditches and reservoirs used in connection with such water rights as
may have been acquired in the manner above described prior to April eleven,
eighteen hundred and ninety-nine.
SECTION 114. There is
hereby reserved from the operation of all patents, certificates, entries, and
grants by the Government authorized under this Act the right to use for the
purposes of power any flow of water in any stream running through or by the
land granted, the convertible power from which at ordinary low water exceeds
fifty horse power. Where the convertible power in any stream running through or
by land granted under the authority of this Act thus exceeds fifty horsepower,
and there is no means of using such power except by the occupation of a part of
the land granted under authority of this Act, then so much land as is
reasonably necessary for the mill site or site for the power house, and for a
suitable dam and site for massing the water, is hereby excepted from such
grants, not exceeding
four hectares, and
a right of way
to the nearest public
highway
from the land thus excepted, and also a right of way for the construction and
maintenance of such flumes, aqueducts, wires, poles, o r order conduits as may
be needed in conveying the water to the point where its fall will yield the
greatest power, or the power from the point of conversion to the point of use,
is reserved as a servitude or easement upon the land granted by authority of
this Act: Provided, however, That when the Government or any concessionaire of
the Government shall take possession of the land under this section which a
grantee under this Act shall have paid for, supposing it to be subject to grant
under this Act, said grantee shall be entitled to indemnity from the Government
or the concessionaire, as the case may be, in the amount, if any, paid by him
to the Government for the land taken from him by virtue of this section: And
provided, further, That with respect to the flow of water, except for
converting the same into power exceeding fifty horse power, said grantee shall
be entitled to the same use of the water flowing through or along his land that
other private owners enjoy under the law, subject to the governmental
regulation provided in the previous section. Water power privileges in which
the convertible power at ordinary low water shall exceed fifty horse power
shall be disposed of only upon terms established by an Act of the Assembly
concerning the use, lease or acquisition of such water privilege.
SECTION 115. All lands
granted by virtue of this Act, including homesteads upon which final proof has
not been made or approved, shall, even though and while the title remains in
the State, be subject to the ordinary taxes, which shall be paid by the grantee
or the applicant, beginning with the year next following the one in which the
homestead application has been filed, or the concession has been approved, or
the contract has been signed, as the case may be, on the basis of the value
fixed in such filing, approval or signing of the application, concession or
contract.
SECTION 116. 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 Commerce. 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 one hundred per centum upon the appraisal
or reappraisal next preceding.
SECTION 117. All sums due
and payable to the Government under this Act, except homestead fees, shall draw
simple interest at the rate of four per centum per annum from and after the
date in which the debtor shall become delinquent.
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.
SECTION 119. Every
conveyance of land acquired under the free patent or homestead provisions, when
proper, shall be subject to repurchase by the applicant, his widow, or legal
heirs, within a period of five years from the date of the conveyance.
SECTION 120. Conveyance and
encumbrance made by persons belonging to the so-called "non-Christian
Filipinos" or national cultural minorities, when proper, shall be valid if
the person making the conveyance or encumbrance is able to read and can
understand the language in which the instrument or conveyance or encumbrances is
written. Conveyances and encumbrances made by illiterate non-Christian or
literate non-Christians where the instrument of conveyance or encumbrance is in
a language not understood by the said literate non-Christians shall not be
valid unless duly approved by the Chairman of the Commission on National
Integration.
SECTION 121. Except with
the consent of the grantee and the approval of the Secretary of 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 improvement on such land.
The
provisions of Section 124 of this Act to the contrary notwithstanding, any
acquisition of such land, rights thereto or improvements thereon by a
corporation, association, or partnership prior to the promulgation of this Decree
for the purposes herein stated is deemed valid and binding; Provided, That no
final decision of reversion of such land to the State has been rendered by a
court; And Provided, further, That such acquisition is approved by the
Secretary of Natural Resources within six (6) months from the effectivity of
this Decree.
SECTION 122. No land
originally acquired in any manner under the provisions of this Act, nor any
permanent improvement on such land, shall encumbered, alienated, or
transferred, except to persons, corporations, associations, or partnerships who
may acquire lands of the public domain under this Act or to corporations
organized in the Philippines authorized therefor by their charters.
Except
in cases of hereditary succession, no land or any portion thereof originally
acquired under the free patent, homestead, or individual sale provisions of
this Act, or any permanent improvement on such land, shall be transferred or
assigned to any individual, nor shall such land or any permanent improvement
thereon be leased to such individual, when the area of said land, added to that
of his own, shall exceed one hundred and forty-four hectares. Any transfer,
assignment, or lease made in violation hereof, shall be null and void.
SECTION 123. No land originally
acquired in any manner under the pro-visions of any previous Act, ordinance,
royal order, royal decree, or any other provision of law formerly in force in
the Philippines with regard to public lands, terrenos
baldios y realengos, or
lands of any other denomination that were actually or presumptively of the
public domain, or by royal grant or in any other form, nor any permanent
improvement on such land, shall be encumbered, alienated, or conveyed, except
to persons, corporations or associations who may acquire land of the public
domain under this Act or to corporate bodies organized in the Philippines
whose charters authorize
them to do so: Provided, however,
That
this prohibition shall not be applicable to the conveyance or acquisition by reason
of hereditary succession duly acknowledged and legalized by competent courts;
Provided, further, That in the event of the ownership of the lands and
improvements mentioned in this section and in the last preceding section being
transferred by judicial decree to persons, corporations or associations not
legally capacitated to acquire the same under the provisions of this Act, such
persons, corporations, or associations shall be obliged to alienate said lands
or improvements to others so capacitated within the precise period of five
years; otherwise, such property shall revert to the Government.
SECTION 124. Any
acquisition, conveyance, alienation, transfer, or other contract made or
executed in violation of any of the provisions of sections one hundred and
eighteen, one hundred and twenty, one-one hundred and twenty-one, one hundred
and twenty two, and one hundred and twenty-three of this Act shall be unlawful
and null and void from its execution and shall produce the effect of annulling
and cancelling the grant, title, patent, or permit originally issued,
recognized or confirmed, actually or presumptively, and cause the reversion of
the property and its improvements to the State.
SECTION 125. The provisions
of sections twenty-two, twenty-three, thirty-three, one hundred and twenty-two,
and one hundred and twenty-three of this Act, and any other provision or
provisions restricting or tending to restrict the right of persons,
corporations, or associations to acquire, hold, lease, encumber, dispose of, or
alienate land in the Philippines, or permanent improvements thereon, or any
interest therein, shall not be applied in cases in which the right to acquire,
hold or dispose of such land, permanent improvements thereon or interests
therein in the Philippines is recognized by existing treaties in favor of
citizens or subjects of foreign nations and corporations or associations
organized and constituted by the same, which right, in so far as it exists
under such treaties, shall continue and subsist in the manner and to the extent
stipulated in said treaties, and only while these are in force, but not
thereafter.
SECTION 126. All public
auctions provided for in the foregoing chapters in the disposition of public
lands shall be held, wherever possible, in the province where the land is
located, or, in the office of the Bureau of Lands in Manila
SECTION 127. During the
existence and continuance of the Commonwealth and before the Republic of the
Philippines is finally established, citizens and corporations of the United
States shall enjoy the same rights granted to citizens and corporations of the
Philippines under this Act.
SECTION 128. During the
period specified in the next preceding section, the President of the Philippines,
upon receipt of the order of the President of the United States, shall, by
proclamation, designate such land as the latter may set aside for military,
naval or other reservations for use of the Government of the United States.
SECTION 129. Any person who
presents or causes to be presented, or cooperates in the presentation of, any
false application, declaration, or evidence, or makes or causes to be made or
cooperates in the making of a false affidavit in support of any petition,
claim, or objection respecting lands of the public domain, shall be deemed
guilty of perjury and punished accordingly.
SECTION 130. Any person who
voluntarily and maliciously prevents or hinders or attempts to prevent or
hinder the presentation of any application for public land under this Act, or
who in any manner attempts to execute or executes acts intended to dissuade or
discourage, or aid to dissuade or discourage, the acquisition of public lands,
shall be deemed guilty of coercion and be punished accordingly.
SECTION 131. Any person who
sells forms issued and distributed gratuitously under this Act or who, being an
officer charged with distributing them, refuses or fails, without sufficient
reason, to furnish the same, shall be punished for each offense by a fine of
not more than one hundred pesos or by imprisonment for not more than three
months, or both, in the discretion of the court.
SECTION 132. Any person,
corporation, association or partnership which, not being qualified or no longer
authorized to apply for public land under the provisions of this Act, 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 application shall be cancelled.
SECTION 133. Any person
who, without having the qualifications required by this Act, shall by deceit or
fraud acquire or attempt to acquire lands of the public domain or other real
property or any right, title or interest, or property right of any class to the
same, and any person aiding and abetting him therein or serving as a means or
tool therefor, shall, upon conviction, be punished by a fine of not more than
five thousands pesos, or by the imprisonment for not more than five years, or
both, in the discretion of the court.
SECTION 134. If, for any
reason, any section or provision of this Act is challenged in a competent court
and is held to be unconstitutional, none of the other sections or provisions
thereof shall be affected thereby and such other sections and provisions shall
continue to govern as if the section or provisions so annulled, disapproved, or
repealed had never been incorporated in this Act, and in lieu of the section or
provision so annulled, disapproved, or repealed, the provisions of law on the
subject thereof in force prior to the approval of this Act shall govern until
the Assembly shall otherwise provide in the premises.
SECTION 135. All laws and
regulations, or parts thereof, inconsistent with the provisions of this Act,
are hereby repealed.
SECTION 136. This
Act shall take effect on December first, nineteen hundred and thirty-six unless
the President shall, in the proclamation announcing its effectiveness,
designate a prior date, in which case this Act shall take effect on the date so
designated.
Approved:
November 7, 1936