Chapter II HOMESTEAD Homestead- is the home and the house adjoining the land where the head of the family dwells; fixed residence of the head od a family with the land and building surrounding the main house - devised to protect the possession and enjoyment of the owner aggainst the claims of his creditors - exempt from execution provided both the land and the building doesnot exceed 3k - purpose give the homesteader a place to live in with his family - exempt coverage of CARL Qualifications and Area Obtainable 1. Filipino Citizen 2. Over 18 years of age/ must not own more than 12 ha Married woman allowed already to apply no more restrictions (all female can apply individually in line equality clause promulgatedby the constitution married woman can now apply for a patent application under DAO-2002-13 dated June 24, in accordance with Article II, Section 14 of the Constitution and Republic Act No. 7192 otherwise known as the "Women in Development and Nation Building Act What are the Requirements (Legal) Needed ? Application fee of P50.00; Entry fee of P5.00; Final fee of P5.00; Approved plan and technical description of the land applied for; Actual occupation and residence by the applicant; Procedure to obtain homestead patent 1. File application for homestead bureau of lands a. Fee- 50 php 2. After approval within six month application start to improve and cultivate the land within a period of not less than one year or more than 5 yrs from date of approval of application o Cultivated at leas 1/5 of the land; tenants not allowes 3. Continuous residence where homestead is located for at least 1 year 4. Notify to present final prood of compliance a. Joint affidavit subscribe by the applicant and 2 witnesses 5. Before presentation of the final proof, notice to public and applicant 6. Grant homestead patent payment of 5php final fee ( DOL all requirements complied withl 1/5 cultivation, 1 yr residence ) Act of registration that shall be operative act to convey and affect the land Right of possession of the homestead applicant Approval of application – applicant authority to take possession of the land and priority of right to acquire title upon his requirements Payment of real estate taxes by application Sec 115 title remains in the state pending approval the applicant subject to the ordinary taxes Wheen Homestead becomes a vested right Complied with all the terms and conditions which entitle him to a patent equitable owner thereof Execution and delivery of the patent- mere ministerial acts Time when he has fully complied with all the requirements of the public land law (presntation of final proof) When considered conjugal - Time fulfillment of the requirement of the public land law - Final proof was completed and final fee paid during marriage- conjugal After dissolution of marriage- private property of the husband Villareal vs VDa de Villonco- death of one of the spouses after the initiation but before completion of the right to the homestrad the surviving spouse acquires absolute title thereto hs/her separate propert - Vested right only by the presentation of the final proof and its approval by the Director of lands Who succeed the applicant in case of his death - Heirs in law who shall be entitled to have issued to them the patent (Act no 3517) if they have complied with the requirement thereof One person entitle to only one homestead GR: 1P-1 HS XPNS: 1. A person be allowed to apply again another homeses total are not exceed 12 ha and homestead previously applied for has not yet beet issued a petent. (need not be in the same or adjacent municipslity) Transfer of Rights of Application After approval before issuance of the patent Transfer land including improvements 1. Complied with all the requirements of the law 2. Cannot continue with his homestead thru no fail of his faul 3. Transfer made to a bona fide purchase 4. Legally qualified apply homested 5. Subject approval of DOL Application he has transferred he may not Nonchristiant who has not yet applied for a homestead may apply for permit to occupy a tract of land not exceeding 4 ha within reservation Non Christians- geographical aread and more directly to natives of he Philippines of a low grade of civilation Patented land not subject to Further Adjudication 1. Become private property could no longer be subject to another adjudication by DOL 2. Homestead patent irrevocable same privileges Torrens Title (doctrine of indefeasibility) a. Actual fraud was committed in obtaining the patent- may still be annulled and cancelled provided appropriate is action(reversion of land to public domain) is taken within one year from title shall become final and conclusive Reversion of land to State After one year the remedy may still be open for revesion. Must be taken action otherwise barred by prescription purusan to art 1149; brought within 5 years from the time the right of action accrues Attacking validity patent: 1 yr from promulgation of the order of DOL for the issuance of patent Reversion- 5 yrs from right of such action accrues Until state has taken action revesion: ownership patentee still recognized,, sale of land to another is still valid Homestead patent cannot cover private land Doctrine of indefeasibility of patent- correct if the parcel of agricultural land patented or granted as homestead by the government after the requirements of the law has been complid with Restiction on subsequent alienation and encumbrance Sec 118 lands acquired under free patent or homestead not be subject to encumbrance or alienation from the date of the approval of the application for a term of 4 years and after the date of issuance of the patent or grant nor shall they become liable to the satisfaction. No alieantation, transger, conveyance of any homestead after five years and before 25 years after the issuance of title shall be valid without approval SENR Note: under RA 10023 free patent is no longer subject to any restriction on alienation and encumbrance Sale within Five Years Void Sec 116 Enough that homestead or part thereof be encumbered or alienatiend not necessary that the transaction registered to ROD Homestead sold during prohibitory 5 years period after 5 years new deed of sale was executed – void return to the buyer fee - Is to give him and his family the chance to preserve the land and state to visit. Cases no covered by the legal prohibition 1. Vested rights in homestead acquired under act 926 did not contain similar prohibition; sale within the 5 yr is valid Purchase or lease by private individual subj limitation Qualified individual landowner may acquire by purchase or lease any land originally acquired as homestead but subject to the limitation not exceed 12 ha Restrictins for Corporations Land originally grandted under the free patent, corpo may acqure or have nay right under the following conditions 1. Consent of the homesteader 2. Approval ministry of NR 3. Land for commercial, industrial, educ, religious, chari Sale after 5 yr within 25 years - Needs approval of the SENR mere formality not affect the validity of the sale - However, sale during prohibitory period of 5 yrs, apply for approval after 5 yrs will not have any valid curative effect. Illegal and void (5 yrs starts from promulgation of issuance order) Mortgage or lease to aliens (not allowed to be mortgaged or leased to them) -sec 122 of CA 141 lands acquired under homestead, free patent shall not be encumbered except to persons who may acquire lands . Right of Redemptiion land shall be subject to repurchase by the application, widow, legal heirs within 5 yrs from date of sale Sec 117 available: forclusre of sales of lands covered by homestead or free patent Rural banks act- 5 yr period sec 119 ca 141 run after expiration after 2 year redemption under rural banks act Public Sale of land under ra no 3135- total of 6 years - Become absolute owner full title to it How much to pay for redemption - Return the vendee the price of salte and necessary and useful expenses applied to the homestead o useful- augment income of property o necessary- preservation of the thing Effect of expropriation of the land during period of redemption Right of redemption when not applicable to tconveyance within family circle 119 purpose preserve in the family of the homesteader the portion of the public domain which the state gratuitsy given to him -applicable to sale to third person - is not contemplate conveyance made to an immediate member of the family of the homesteader and his direct descendant and heir is not contemplated Right of redemption in order to keep the patented land within the family of the original homesteder. Intention of exercising right to repurchase not for the purpose of preserving land but for greater profit would be violative of sec 119 Discourages patentees from taking advantage of the salutary policy behind the Public Land law toenable them to repurches the land . Chapter III Sale of Public Agricultural Lands 1. Who are qualified to purchase Public agricultural Lands 1. Only Filipino citizens , Legal age or heads of family Not more than 12 ha 2. Corporation or association at least 60% capital belonged to Filipinos 3. Article XII, section 3 of 1987 private corporation or associations may not hold sucj alienable lands of the public domain except by lease for a period not exceeding 25 years, renewable for more than 25 yrs and not to exceed 1000 ha in area. 2. Maximum Area that may be acquired a. 12 ha only b. Agricultural lands not located within 10 km from bouandaries of the city proper in chartered cities or within 5 km from municipal hall or twon plaza of any municipalitiy- sold to actual occupants who do not own any parcel of land/ total landholding don’t exceed 5 ha 3. Excess Landholding Temporarily allowed or recovery of Mortgage Loan a. Accept lands as security for a loan and in case of foreclosure may purchase the same even where the total landholdings may result to an excess in the area allowed by law. b. Such excess shall be disposed of within 5 years c. Dailture to do so, paind on the land in excess surtax of 50% additional to the ordinary estate tax and 50% shall be added to the last preceedin annual tax rate 4. Preexisting Rights Respected Vested rights (rights over public agricultural lands including the improvemens thereon) Although they may not meet the qualifications now prescribed, are authorized to continue to hold the land as if qualified Forbidden to encumber, convey or alienate the same 5. Procedure for Sale of Public Agricultural Lad a. Filling of appliccaions b. Appraisal c. Publication of notice of sale a. Once a week for 3 consecutive weeks in the Official Gazete b. In two newspapres one in manila and location municip or provin c. Posted in bulletin board of the bureau of lands d. 3 conspicuous places in provin/municip e. Barrio f. Lands itself if practicable at least 30 days g. In English and spanissh or local dialect h. If not more than 240p no official gazette/newspapers d. Submission of bids e. Opening of bids an award a. Highest bidder b. 2 or more equal bids WOTH APPLICANT (BELONG TO APPLICANT) c. IF NOT FROM APPLICANT ( oral public bidding, highest bid shall be awarded) d. Applicatant-option to raise bid equal to the highest bidder (preferred) e. Payment of Price i. Full/ installment 10 equal annual installments from the date ISSUANCE OF FREE PATENT TO ANOTHER APPLICAN Government was divised of its ownership and land was segregated from mass of public domain 6. Proedute to obtain ublic agricultural land a. Sec 2, Act no 141 i. Homestead application ii. Lease iii. Sale iv. Confirmation of imperfect and incomplete title v. Judicial legalization vi. Administrative legalization Manalasta vs CA- procedure was not followed, petitioner bought a parcel of land from Magat Spouses , had the land surveyed due to the construction of a road and irrigation, declared prop for tax, tenant in agricultural area, built 4 houses. Private Sepondeds, apply free patent, Moises CAO. Ruling: will not become the owners of said parcel of land if they will not follow the procedures The principle that a holder of a lanad acquired under free patent is more favorably situated than that of an owner of a registered property (Canacug vs Lao)
