Nat Res: Assignment 2 (Modes of Disposition)
Baguec, Shielah Mae
Page No.
1. Can private persons acquire public land?
YES, but only strictly through an express or implied grant from the State government.
It is well-settled "that no public land can be acquired by private persons without any
grant, express or implied, from the government." [Padilla v. Reyes, 60 Phil. 967, 969
(1934)]. It is, therefore, indispensable that there be a showing of a title from the state or
any other mode of acquisition recognized by law. [Cf. Reyes v. Rodriguez, 62 Phil. 771
(1936)). This may come in the form of a homestead, sales, or free patent or grant. [Both
cases cited in Lee Hong Hok v. David, G.R. No. L-30389 (1972)].
2. What statutory enactment prescribes the substantive and procedural requirement
for acquisition of public lands?
Commonwealth Act No. 141 (as amended), otherwise known as “The Public Land Act.”
One claiming “private rights” must prove that he has complied with the substantive and
procedural requirements of the said act.
3. May all public lands be the subject of disposition?
NO. Only alienable and disposable lands are open to disposition or concession. Lands
of the public domain are alienable and disposable only when they have been officially
delimited and classified as such. In the absence of such classification, the land remains
as unclassified land until it is released therefrom and rendered open to disposition. (Sec.
8, CA No. 141)
4. What are the specific modes of disposition or forms of concession of agricultural
lands of the public domain?
Public lands suitable for agricultural purposes can be disposed of only as follows:
(a) For homestead settlement;
(b) By sale;
(c) By lease; and
(d) By confirmation of imperfect or incomplete titles:
(1) By judicial legalization
(2) By administrative legalization (free patent)
(Sec. 11, CA No. 141)
5. What is a Homestead Patent?
The term “homestead” generally refers to a house or dwelling and its surrounding area
of land which is usually used as a farm.
Thus, under the law, a Homestead Patent is a mode of acquiring alienable and
disposable lands of the public domain for agricultural purposes conditioned upon actual
Nat Res: Assignment 2 (Modes of Disposition)
Baguec, Shielah Mae
Page No.
cultivation and residence. The disposition of alienable public lands through homestead is
governed by Chapter IV (Homesteads) of the Public Land Act.
6. Who may acquire a Homestead Patent and how?
The law provides that any citizen of the Philippines over the age of 18 years, or the
head of a family, may enter a homestead of not exceeding 12 hectares of agricultural land
of the public domain. The applicant must have cultivated and improved at least 1/5 of the
land continuously since the approval of the application and resided for at least 1 year in
the municipality in which the land is located, or in a municipality in which the land is located,
or in a municipality adjacent to the same, and then, upon payment of the required fee, he
shall be entitled to a patent. (Secs. 12 and 14, CA No. 141).
Like any other public land application, a homestead application should be filed at the
DENR-Community Environment and Natural Resources Office where the land being
applied for is located.
When the patent is granted, it is recorded and the corresponding certificate of title is
issued to the grantee. [Lahora v. Dayanghirang, G.R. No. L-28565 (1971)].
7. What is the basis of the limitation of homesteads to not more than 12 hectares?
Section 3 of Article XII of the Constitution provides: “Citizens of the Philippines may
lease not more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.”
8. What is the effect of compliance with the legal requirements for homestead?
(a) When a homesteader has complied with all the terms and conditions which entitle
him to a patent for a particular tract of public land, he acquires a vested interest therein,
and is to be regarded as the equitable owner thereof.
(b) The homesteader acquires not only a right to a grant, but a grant of the government.
Thus, it is not necessary that a certificate of title be issued in order that said grant may be
sanctioned by the courts. [Mesina v. Sonza, G.R. No. L-14722 (1960)].
The execution and delivery of the patent, after the right to a particular piece of land has
become complete, are the mere ministerial acts of the officer charged with that duty. Even
without the patent, a perfected homestead is a property right in the fullest sense,
unaffected by the fact that the paramount title to the land is still in the government. Hence,
such land may be conveyed or inherited, and no subsequent law can deprive him of that
vested right. [Balboa v. Farrales, GR No. 27059 (1928)].
(c) Once a homestead patent is granted and the corresponding certificate of title is
issued to the grantee, the patented land is automatically brought within the operation of
the Property Registration Decree [Lahora v. Dayanghirang] and has the force and effect
Nat Res: Assignment 2 (Modes of Disposition)
Baguec, Shielah Mae
Page No.
of a Torrens title issued through judicial registration proceedings [Pajomayo v. Manipon,
GR No. L-33676 (1971)].
Note: A Torrens title refers to a land registration and land transfer system which serves
as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the
register as the owner). Hence, when the patented land is entitled to all the safeguards of
a veritable Torrens title, what this means is that, one (1) year from its issuance, the
certificate title becomes irrevocable (final) and indefeasible (cannot be annulled or
overturned) like a certificate issued in a registration proceeding.
9. What are some rules regarding the transfer of rights of a homesteader?
(a) If at any time after the approval of the application and before the patent is issued, the
applicant has proven to the Director of Lands his compliance with all the requirements but
cannot continue with the homestead, through no fault of his own, and there is a bona fide
purchases for the rights and improvements of the applicant
(b) Any person who has transferred his rights may not again apply for a new homestead.
(c) 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.
(Sec. 20, CA No. 141)
10. A
11. A
12. A
13. A
14. A
15. A
16. Aa
17. A
18. A
19. A
20. A
21. A
22. a