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Chapter II CA 141 Summary
Environmental Law (Dr. Vicente Orestes Romualdez Educational Foundation)
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CHAPTER II
PUBLIC LAND ACT
(Commonwealth Act No. 141)
A.
PRELIMINARY
GOVERNING LAW
CA No. 141, otherwise known as “The Public Land Act,” was enacted on Nov.7, 1936. Its provisions
apply to lands of the public domain; but timber and mineral lands are governed by special laws. “Friar
lands” and those which, being privately-owned, have reverted to or become the property of the Republic
of the Philippines, are governed by the laws presently in force or which may hereafter be enacted.
HISTORICAL BACKGROUND
Act No.926, the first Public Land Act, was passed under Philippine bill 1902 to govern the disposition
of lands of the public domain. It prescribed rules and regulations, and the terms and conditions to perfect
their titles to public lands in the Islands. It also provided the “issuance of patents to certain native settlers
upon public lands.”
Act No. 926 was superseded in 1919 by Act No. 2874. This new law was passed under the Jones
Law. It was more comprehensive in scope but limited the exploitation of agricultural lands.
After the passage of the 1935 Constitution, CA No. 141 was enacted on November 7, 1936. It is
essentially the same as Act. No, 2874. Grants of public lands are brought under the operation of the Torrens
system of registration Decree. The instruments mentioned is Section 103 whereby public lands are
“alienated, granted, or conveyed” are instruments transferring ownership – not documents of lease,
transferring mere possession. The provision directs the issuance to the grantee of “an owner’s duplicate
certificate.” After due registration and issuance of the certificate of title, the land shall be deemed registered
land to all intents and purposes under the Property Registration Decree.
The Public Land Act, remains to this day the existing general law governing the classification and
disposition of lands of the public domain other than timber and mineral lands.
POLICY CONSIDERATIONS
The state shall ensure, for the benefit of the Filipino people, the full exploration and development
as well as the judicious disposition, utilization, management, renewal and conservation of the country’s
forest, mineral, land, waters, and other exploration, development and utilization of such natural resources
equitably accessible to the different segments of the present as well as future generations.
The Department of Environment and Natural Resources (DENR) is the primary in charge of carrying
out the State’s constitutional mandate to control and supervise the exploration, development, utilization,
and conservation of the country’s natural resources.
REGALIAN DOCTRINE- all lands and other natural resources are owned by the State.
Under Section 2, Article XII of the Constitution, which embodies the Regalian Doctrine, all lands of the
public domain belongs to the State- the source of any asserted right to ownership of land. All lands not
appearing to be clearly of private dominion presumptively belong to the State. Accordingly, public lands
not shown to have been reclassified or released as alienable agricultural land or alienated to a private
person by the State remain part of the inalienable public domain.
Except for agricultural lands, natural resources cannot be alienated. The exploration, development
and utilization (EDU) of natural resources shall be under the full control and supervision of the State. It
may allow participation by the private sector through co-production, joint venture, or production-sharing
agreements.
The Regalian Doctrine reserves to the State all natural wealth that may be found in the bowels of
the earth even if the land where the discovery is made be private.
B. ORGANIZATIONAL STRUCTURE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
The Public Land Act provides that the Secretary of Environment and Natural Resources is the
executive officer charged with carrying out the provisions of the Public Land Act, through the Director of
Lands, who shall act under his immediate 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. Decision of the Director of Lands
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may be annulled or reviewed in a direct proceeding and not collaterally as when the issue involves a
question of law or is based upon a misconstruction of the law, or when the conclusions drawn by the
Secretary from the facts found erroneous or not warranted by law.
The DENR is the primary government instrumentality in charged but it is not the only government
instrumentality with authority. Municipal governments are also clothed with authority to enact ordinances
and issue such regulations as may be necessary to provide for the health, safety, comfort and convenience,
maintain peace and order, improve public morals, promote the prosperity and general welfare of the
municipality and its inhabitants, and ensure the protection of property in the municipality.
a.
SPECIFIC FUNCTIONS OF THE DEPARTMENT SECRETARY
Section 4, Chapter I, Title XIV of the Revised Administrative Code of 1987 specifically vests in the
Department the following powers and functions:
“Sec.4. Powers and Functions.- The Department shall:
(4) Exercise supervision and control over forest lands, alienable and disposable public lands,
mineral resources and, in the process of exercising such control, impose appropriate taxes, fees,
charges, rentals and any such form of levy and collect such revenues for the exploration, development,
utilization or gathering of such resources;
(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits, concessions,
lease agreements and such other privileges concerning the development, exploration and utilization of
the country’s marine, freshwater, and brackish water and over all aaquatic resources of the country
and shall continue to oversee, supervise and police our natural resources; cancel or cause to cancel
such privileges upon failure, non-compliance or violations of any regulation, order and for all other
causes which are in furtherance of the conservation of natural resources and supportive of the national
interest;
(15) Exercise exclusive jurisdiction on the management and disposition of all lands of the public
domain and disposition of all lands of the public domain and serve as the sole agency responsible for
classification, sub-classification, surveying and titling of lands in consultation with appropriate
agencies.”
The Department is mandated to accelerate cadastral and emancipation patent surveys, land use
planning and public land titling.
b. SPECIFIC FUNCTIONS OF THE LMB DIRECTOR AND REGIONAL OFFICERS
The administration and distribution of public lands is committed by law to the Director of Lands
primarily, and ultimately, to the Department Secretary.
Under EO No.192, Lands Management Bureau (LMB) absorbed the functions and powers of the
Bureau of Lands except those line functions and powers which were transferred to the regional field
offices. The LMB is heads by a Director and an Assistant Director who shall advise the Department
Secretary on matters pertaining to rational land classification management and disposition and shall
have the following functions:
a.
Recommend policies and programs for the efficient and effective administration, surveys,
management and disposition of alienable and disposable lands of the public domain and other lands outside
the responsibilities of other government agencies; such as reclaimed areas and other areas not needed for
or are not being utilized for the purposes for which they have been established.
b.
Advise the regional offices on the efficient and effective implementation of policies, programs and
projects for more effective public lands management;
c.
Assist in the monitoring and evaluation of land surveys, management and disposition of lands to
ensure efficiency and effectiveness thereof;
d.
Issue standards, guidelines, regulations and orders to enforce policies for the maximization of land
use and development;
e.
Develop operating standards and procedures to enhance the Bureau’s objectives and functions;
f.
Assist the Secretary as executive officer charged with carrying out the provisions of the Public Land
Act (CA No.141, as amended), who shall have direct executive control of the survey, classification, lease,
sale or any other forms of concessions or disposition and management of the lands of the public domain;
g.
Perform other functions as may be assigned by the Secretary and/or provided by law.
The Regional offices of the then Bureau of forest development, bureau of Mines and
Geosciences, and Bureau of Lands in each of the 13 administrative regions are now integrated
into Department-wide Regional Environment and Natural resources office of the Department.
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A regional office is headed by a Regional Executive Director who shall be assisted by five
Regional technical Directors.
c. DELEGATED FUNCTIONS
Under DENR Administrative Order No.38, series of 1990, various regulatory and
administrative matters and delegated functions are defined.
Department Secretary
- Approves the appraisal of public lands and issues authority to conduct bidding covering
agricultural land sales above five hectares and leases covering 100 hectares and above;
- Approves transfer of public land application or deeds of sale/mortgage of patented lands
above 12 Hectares;
- Decides cases on appeal involving claims/conflicts over public lands;
- And signs patents for areas more than five hectares for sales and more than ten hectares for
homestead and free patents.
Regional Executive Director (RED)
- Issues orders of bidding and signs contracts for cadastral and public land subdivision survey
projects;
- Issues investigation orders involving patented lots
- Decides claims and conflicts involving public lands
- Issues orders of execution
- Signs patents and reconstituted patents for areas up to five hectares for sales and five up to
ten hectares for homes stead and free patent;
- And issues original revocable or provisional permits for alienable and disposable lands.
The Regional Technical Director (RTD)
- Verifies, approves and signs maps and plans for public land subdivisions, cadastral and isolated
survey;
- Approves survey plans for OLT and other agrarian reform projects;
- Verifies and approves political boundary surveys;
- And issues survey orders for public land subdivision and cadastral survey covering land up to
500 hectares.
The Provincial, Environment and Natural resources Officer (PENRO)
- Issues certificates of land classification for areas over 50 hectares;
- Approves appraisal of public lands and issues authority to conduct bidding on sales leases for
areas up to 1,000 sq.m. for commercial, industrial and residential purposes;
- Approves appraisal of public lands and issues authority to conduct bidding covering leases
below five hectares for agricultural purposes;
- Issues orders of investigation involving claims and conflicts over unpatented lots;
- And signs patents and reconstituted patents for areas up to five hectares for homestead and
free patent.
The Community Environment and Natural Resources Officer (CENRO)
- Issues survey orders to conduct isolated surveys; issues certificates of land classification for
areas below 50 hectares;
- Accepts public land applications and processes the same;
- Conducts oral or sealed bidding for the sale or lease of public lands;
- And issues survey orders for the subdivision of cadastral lots for patented and unpatented
lands.
D. MODES OF DISPOSITION
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09. No public land can be acquired except by a grant from the state.


It is indispensable that there be a showing a title from the state which may come from a homestead,
sales or free patent or grant.
One claiming for private rights must prove that he has complied with the Public Land Act which
prescribes the substantive as well as the procedural requirements for acquisition of public lands.
10. ONLY ALIENABLE AND DISPOSABLE (A AND D) LANDS MAY BE THE SUBJECT OF
DISPOSITION.




In Menguito vs Republic, it was held that unless public land is shown to have been reclassified or
alienated to a private person by the State, it remains part of the inalienable public domain.
Indeed, “occupation thereof in the concept of the owner, no matter how long, cannot ripen into
ownership and be registered as a title.”
Land remains unclassified land until it is released therefrom and rendered open to disposition.
Adherence to the Regalian doctrine subjects all agricultural, timber, and mineral lands to the
dominion of the state.
Conversion of propert into a fishpond by the applicant or alleged titling of properties around it,
does not automatically render the property A and D. Said property must be released from its
present classification.
11. SPECIFIC MODES OF DISPOSITION.

A.
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)
FOR HOMESTEAD SETTLEMENT
 Any citizen of the Philippines over the age of 18 years, or the head of a family, may enter
homestead of not exceeding 12 hectares of agricultural land of the public domain.
 Applicant must:
 Have cultivated and improved at least 1/5 of the land continuously since the
approval of the application;
 Resided for at least 1 year in the municipality in which the land is located or in the
adjacent municipality; and upon payment of the required fee, he shall be entitled
to a patent.
1. Effect of compliance with legal requirements:




When a homesteader has complied with all condition which entitle him to a patent for
a particular tract of public land, he acquired a vested interest therein, and is to be
regarded as the equitable owner thereof.
Event without a 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.
Such land may be conveyed or inherited and no subsequent law can deprived him of
that vested right.
In Mesina vs Sonza, the Supreme Court, citing Susi v Razon, held that once a
homestead applicant has complied will all the conditions essential to a government
grant, he acquires not only a right to a grant, but a grant of the government.
In Lahora v Dayanghirang, where disposable public land is granted by the government
by virtue of a public land patent like homestead, patent is recorded and certificate of
title is issued to the grantee, thereafter, the land is automatically brought within the
operation of Property Registration Decree, entitled to safeguards of a veritable Torrens
title.
2. Transfer of rights


Applicant, with the approval of the Director of Lands, may transfer his rights to the
land and improvements to any person legally qualify to apply for a homestead provided
that the application has proved to the satisfaction of the Director ofn Lands that he
has complied with all the requirements, 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.
The purchaser shall file a homestead application to the land.
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

Anyone who has transferred his rights may not again apply for a new homestead.
Any transfer without the 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.
3. Registration court cannot be divested of jurisdiction by subsequent issuance of
a homestead patent over the same land subject of registration


As held in De los Angeles v Santos, the Director of Land’s jurisdiction, administrative
supervision and executive control extend only over lands of the public domain and not
to lands already of private ownership.
Accordingly, a homestead patent issued by him over land not of the public domain is
a nullity, devoid of force and effect against the owner.
B. SALE OF OF PUBLIC AGRICULTURAL LANDS
 Under specific provisions of the Public Land Acts or under special laws, alienable lands of the
public domain may be disposed of through sale or lease.
C. LEASE
 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
the citizens of the Philippines, may lease any tract of agricultural public land available for lease
under Chapter VI (Lease) of the Act.
 Lessee shall not have not less than 1/3 of the land brokend and cultivated within 5 years after
the approval of the lease.
D. CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE (JUDICIAL LEGALIZATION)
 This may be done in TWO ways:
a.
Judicial legalization or judicial confirmation of imperfect titles under Chapter VIII of the Public Land
Act, and
b.
Administrative legalization or free patents under Chapter VII of the same Act.
1. Ownership based on adverse possession




As a rule, no title or right to, or equity in, any lands of the public domain may be
acquired by prescription or by adverse possession or occupancy except as
expressly provided by law.
However, Public Land Act (CA No. 141) recognizes the concept of ownership under
the Civil Law.
Ownership is absed on adverse possession and the right of acquisition is governed
by Chapter VIII on judicial confirmation of imperfect or incomplete titles.
Applicant must prove that:
 The land is alienable public land, and
 His possession and occupation has been exercised in the manner and for
the period prescribed by law, or since June 12, 1945. Registration under
the Act presumed that the land was originally public agricultural land but
because of adverse possession since June 12, 1945, the land has become
private.
2.
Period of possession
3.
RA No. 9176 has extended period of filing to December 31, 2020.

Pursuant to RA 1942, required possession was “at least 30 years immediately
preceding the filling of the application but this was repealed by PD No. 1073 which
requires possession since June 12. 1945, or earlier
 RA 9176 was enacted:
a.
Extending the period to file an application to December 31, 2020;
b.
Further limiting the area applied for to 12 hectares; and
c.
Providing that all pending applications filed before the effectivity of the amendatory Act shall be
treated as having been filed in accordance with the provisions thereof.
4.
Requisites for availment of Chapter VIIIl:
a.
Applicant must be a Filipino citizen;
b.
He must have by himself or through his predecessors-in-interest, possessed and occupied an
alienable or disposable agricultural portion of the public domain;
c.
Such possession and occupation must have been open, continuous, exclusive, notorious and in the
concept of owner, since June 12, 1945.
d.
The application must be filed with the proper court
5.
Land must be A and D land at the time the application for confirmation is filed:
 Section 48(b) of the Public Land Act applies EXCLUSIVELY to alienable and
disposable agricultural lands of the public domain.
6.
Rule different where land is not registrable as when it forms part of the public forest
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
7.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
Reason for this is that, under Sec 2, Article XII of the Constitution, only
agricultural lands may be the subject of alienation.
Non-registrable properties
Property of public domain
Forest lands
Watersheds
Mangrove swamps
Mineral lands
National parks and protected areas
Military or naval reservation
Foreshore lands and reclaimed lands
Submerged areas
Lakes
Navigable rivers
Creeks
Reservations for public and semi-public purposes
8. Where applicant has acquired a right to a government grant, application is a mere formality
- When the conditions specified in Section 48(b) of the Public Land Act are complied with, i.e., possession
in the manner and for the period required by law, the possessor is deemed to have acquired, by operation
of law, a right to a grant, without the necessity of a certificate of title being issued.
- The application for confirmation is a mere formality, lack of which does not affect the legal sufficiency of
the title.
- The land ipso jure ceases to be public land and becomes private property. It is now beyond the authority
of the Director of Land.
9. Vested rights cannot be impaired by subsequent law
When is a right vested?
- In Balboa vs. Farrales, it was held that a right is vested when the right to enjoyment, present or
prospective, has become the property of some particular person or persons as a present interest. It is some
right or interest in property which has become fixed and established and is no longer open to doubt or
controversy.
- In Ayog vs. Cusi, it was held that the State may not impair vested rights by legislative enactment, by
the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the Constitution of
the State, EXCEPT in a legitimate exercise of police power.
10. Land declared public land in a previous registration case may be the subject of judicial
confirmation
- In this case, res judicata will not apply if the claim of ownership is based on adverse and continuous
possession for at least 30 years. By reason of the claimant’s possession for 30 years he is conclusively
presumed to have performed all the conditions essential to a Government grant.
11. Hearing
- Applications for registration shall be heard in the RTC in the same manner and shall be subject to the
same procedure as established in the Property Registration Decree.
- Sec. 34 of BP Blg. 129 or the Judiciary Reorganization Act of 1980, as amended by RA 7691, grants the
first level courts the delegated jurisdiction to hear and determine cadastral or land registration cases in the
following instances:
a. Where the lot sought to be registered is not the subject of controversy or opposition; or
b. Where the lot is contested but the value thereof does not exceed 100,000.
- The decisions of the first level courts shall be appealable to the CA.
12. Burden of proof rests on applicant
- The burden is on applicant to prove that he or his predecessors-in-interest have been in actual, peaceful,
and adverse possession and occupation in the concept of owner of the lots during the period required by
law.
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13. The law requires both possession and occupation
- It is to be noted that Sec. 48(b) of the Public Land Act speaks of “possession and occupation.” Since these
words are separated by the conjunction “and,” the clear intention of the law is not to make one synonymous
with the other.
- Taken together with thw orsd open, continuous, exclusive and notorious, the word occupation serves to
highlight the fact that for one to qualify under paragraph (b) of the aforesaid section, his possession of the
land must not be mere fiction.
14. Judgment
-If the court finds that more than one person or claimant has an interest in the land, the conflicting interest
shall be adjudicated by the court and decree awarded in favor of the person or persons entitled to the land
sought to be registered.
-If none of the said persons is entitled to the land, or if the person who might be entitled lacks the
qualifications required by law for acquiring agricultural land of the public domain, the decision shall be in
favor of the government.
15. Order for the issuance of a decree
The final decree of the court shall be the basis for the original certificate of title in favor of the persons
entitled to the property.
ADMINISTRATIVE LEGALIZATION (free patent)- Sec. 44, Chapter VII of the Public Land Act
Requisites:
1. Natural born citizen of the Philippines
2. Shall not be an owner of more than 12 hectares of agricultural land
3. Has continuously occupied and cultivated, either by himself or through his predecessor-in-interest,
a tract or tracts of agricultural land subject to disposition for at least 30 years
4. Shall have paid the real estate tax thereon while the land has not been occupied by any person
Note: The land subject for free patent shall not exceed 12 hectares.
ISSUANCE OF FREE PATENT FOR RESIDENTIAL LOTS UNDER RA NO. 10023
Who may apply for a free patent title over residential land?

Any Filipino citizen who is an actual occupant of a residential land for at least 10 years.
Provided that:
1.
2.
3.
4.
In highly urbanized cities- the land should not exceed 200 square meters
In other cities- not to exceed 500 square meters
In first and second class municipalities- not to exceed 750 square meters
In all other municipalities- not to exceed 1,000 square meters
Provided further:

That the land applied for is not needed for public service or public use.
Lands covered

All lands that are zoned as residential areas including town sites.
CLASSIFICATION AND DISPOSITION OF LANDS FOR RESIDENTIAL, COMMERCIAL, OR
INDUSTRIAL PURPOSES


Under Chapter IX, Title III of the Public Land Act- any tract of land of the public domain which,
being neither timber nor mineral land, is intended to be used for commercial, industrial, or other
productive purposes other than agricultural, and is open to disposition or concession, shall be
disposed of under the provisions of this chapter and not otherwise.
Sec. 59 classifies the land disposable under Title III as follows:
a. Lands reclaimed by the government by dredging, filling, or other means;
b. Foreshore
c. Marshy lands or lands covered with water bordering upon the shores or banks of navigable
lakes or rivers
d. Lands not included in any of the foregoing classes.
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NOTES:

The lands comprised in (a), (b), and (c) shall be disposed of to private parties by lease only and
not otherwise.
 The lands included in class (d) may be disposed of by sale or by lease with 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 the work thereon within 6 months from the receipt of the
order of award, and shall complete the construction of said improvements within 18 months form the date
of such award; otherwise, the Sec. of DENR may rescind the contract.
b.
The purchase price shall be paid in cash or in equal annual installments, not to exceed ten.
MODES OF DISPOSITION; Sale or Lease

Under the Constitution:
a. Private Corp- may only lease alienable lands of the public domain for a period not exceeding
25 years, renewable for not more than 25 years, and not to exceed 1,000 square meters
b. Citizens of the Philippines- may lease not more than 500 hectares, or acquire not more
than 12 hectare lands of the public domain by purchase, homestead, or grant.
Lands for residential, commercial or industrial purposes shall be disposed of through oral
bidding; exception (direct sale)
General Rule:
Under Art. 67 of CA 141, lands for residential, commercial or industrial purposes shall be disposed of
through oral bidding
Exception:
RA No. 730 authorizes a private sale of lands of the public domain, provided that:
1. The applicant has in his favor the conditions specified therein; and
2. The area applied for is not more than 1,000 square meters
To be qualified, the applicant must:
a.
Be a Filipino citizen of legal age;
b.
Not the owner of a home lot in the municipality or city in which he resides;
c.
Have established in good faith his residence on a parcel of public land which is not needed for
public service; and
d.
Have constructed his house and actually resided therein.
If he complies with these conditions, he shall be given preference to purchase at a private sale not more
than 1,000 square meters of land at a price to be fixed by the Director of Lands.
Sale of lands within military reservations
Pursuant to RA No. 274, lands within military reservations may be sold to persons qualified to acquire
agricultural public lands under Public Land Act, provided:

The President declared such lands as no longer needed for military purposes.
Priority Applicants:


Bona fide occupants
War veterans
E. REGISTRATION OF PATENTS AND ISUUANCE OF CERTIFICATES OF TITLE
13. Registration of patent is the operative act to convey the land.
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


a.
It is the duty of the issuing agency of the government to cause the same to be filed and registered
with the Register of Deeds, whereupon an owner’s duplicate certificate of title shall be issued to
the patentee or grantee.
It shall operate as a contract between the government and the grantee
It is the act of registration that conveys or affects the land, and binds third person.
Certificate of title issued pursuant to a patent indefeasible



The Torrens system aims to obviate possible conflicts of title by giving the public the right to rely
upon the face of the Torrens certificate and to dispense, as a rule, with the necessity of inquiring
further, on the part of the registered owner. Secured ownership, as long as there is no voluntary
disposable.
The land shall be deemed registered ;land and brought under the operation of the Torrens system
of registration. Public land patents when duly registered are veritable subkect to no encumberance.
They become private property which can no longer be subject of disposition by the Director of
Lands under Public Land Act
b. Date of issuance of patent corresponds to the issuance of the decree in ordinary registration cases



The date of issuance on the patent corresponds to the date of the issuance of the decree in ordinary
registration cases.
No specific provision in the Public Land Actor the LRA on fixing the one year period.
After one year from the issuance of the patent, the same is no longer open to review on the ground
of actual fraud.
c.
Title cannot be defeated by adverse possession, nor subject to collateral attack

The certificate of title cannot be defeated by adverse, open, notorious possession. Neither can it
be defeated by prescription.
A certificate of title cannot be collaterally attacked.
F. PROHIBITED ALIENATIONS

14. Prohibited against alienation of lands acquired under the homestead nad free patent
provisions
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 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.
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, oneone 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.
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a. Policy of Law
The prohibition has avowed the purpose of giving the homestead or patentee every chance to
preserve for himself and his family the land the State had gratuitously given him as a reward for
his labor in cleaning and cultivating it.
b. Prohibition starts from date of approval up to fifth year from issuance of patent
The prohibition to alienate commences to run from the date the application is approved which may
be a date earlier than the date of issuance of the patent.
The period of five years within which the alienate or encumberance of a homestead is restricted,
start to be computed from the latter date. The Court explained that the alienation of lands acquired
by homestead or free patent grants in forbidden “from the date of approval of the application” up
to and including the fifth year “from and after the date of the issuance of the patent or grant”
c.
Approval of Secretary merely directory
The requirements for the approval of the Secretary of Environment and Natural Resources is merely
directory, and its absence does not invalidate any alienation, transfer or conveyance of the
homestead after 5 years and before the 25 year period.
d. Agreements which are considered a circumvention of the law
The prohibition applies as well to the sale of the land to the homestead’s own son and daughter
as a clever homestead who wants to circumvent the ban may simply sell the lot to his descendant
and the latter after registering the same in his name would sell it to a third person.
Case: Where the homesteader sold a 2 hectare portion of the homestead to the plaintiffs on the
understanding that the actual conveyance of the said portion would be made onky after the lapse
of the 5 year prohibitory period, this is VOID.
e. Sale of only a part of the land violates prohibition
Even if only part of the property has been sold or alienated within the prohibited period of five
years from the issuance of the patent, such alienation is sufficient to cause for the reservation the
whole estate to the State.
15. Repurchase by applicant or his heirs.
Section 119 of the PLA provides that every conveyance of land acquired under the free patent or
homestead provisions, when proper, shall be subject to repurchase by the applicant, his widows, or legal
heirs, within a period of five years from the date of the conveyance.
When the patente-vendor is still living, he has the right to repurchase, otherwise his widow or the
legal heirs have that right.
The reason for this provision is to give the homesteader or patentee every chance to preserve for
himself and his family the land that the State had gratuitously given to him as a reward for his labor in
cleaning and cultivating it. It’s basic objective is to promote public policy, that is, to provide home and
decent living for destitutes aimed at promoting a class of independent small landowners which is the
bulwark of peace and order.
Right to repurchase attaches to every alienation or encumbrance, and the right can be exercised
even in the absence of any stipulation in the deed of sale. The right to repurchase cannot be waived.
BUT, if the intention in exercising the right to purchase is for the purpose of disposing it with a
greater profit, this is in violation of the policy and the spirit of the law.
a.
Period of purchase under Section 119
The 5 year period of legal redemption starts from the date of the execution of the deed of sale, and
not from the date of registration in the office of the Register of Deeds. This is true even if full payment
of the purchase price is not made on the date of conveyance, unless there is a stipulation in the deed
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that ownership shall not vest in the vendee until full payment of the price. The redemption of
extrajudicially foreclosed properties, on the other hand, is exercisable within one year from the date of
the auction sales as provided.
b. Effect of a void conveyance
 Section 124 provides that any acquisition, conveyance, alienation, transfer or other contract
made or executed in violation of any of the provisions of Section 108, 120, 121, 122 and 12 of
the 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, recognizing or
confirmed, actually or presumptively and cause the reversion of the property and its
improvement to the State.
 Where the parties to a sale of a portion of the public domain conveyed by homestead patent
have been proven to be guilty of having effected the transaction with knowledge of the cause
of its invalidity, the sale is null and shall cause the reversion of the property to the State.
 Where the subject of transaction is a piece of public land, an heir should not be prevented
from reacquiring it because it was given by law to her family for her home and cultivation and
this is the policy on which the homestead law is predicated.
 While the government, does not take steps to assert its title to the homestead, the vendees
should not be allowed to remain in it because their right to its possession is no better than that
of the vendor or his heirs.
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