Commonwealth Act No.

141
Question: How lands of the public domain are alienated under CA No. 141?
Introduction
Alienable or Disposable public lands include the following
1. Agricultural lands
2. Commercial, residential, industrial and other lands adopted to similar productive purposes
3. Educational, charitable and other lands devoted to other similar purposes
4. Reservation for town sites and for public and quasi-public uses
Report Outline
I. Agricultural lands can be disposed of only as follows:
A. For homestead settlement
B. By sale
C. By lease
D. By confirmation of imperfect or incomplete titles
1. By judicial legalization
2. By administrative legalization (free patent)
II. Commercial, residential, industrial, and other lands adopted to similar productive purposes
III. Educational, charitable, and other lands devoted to other similar purposes
IV. Reservation for town sites and for public and quasi-public uses
Procedure
AGRICULTURAL LANDS
Homestead Settlement
Who may avail? Any citizens of the Philippines over the age of 18 years or the head of family, who
does not own more than 24 hectares of land in the Philippines
Only one homestead entry is allowed to any one person, provided, however, that any previous
homesteader who has been issued a patent for less than 24 hectares may be allowed another homestead
which, together with his previous homestead shall not exceed an area of 24 hectares.
(1) Filing of the application with the Director of Lands;
(2) Upon approval of said application, the Director of Lands shall authorize the applicant to take
possession of the land upon payment of P5.00 as entry fee;
(3) Within six months from the approval of the application, the applicant must begin cultivation of the
land. He must cultivate at least one-fifth of the land for a period of not less than one nor more than
five years from the date of the approval of the application;
(4) The applicant proves satisfactorily to the Director of Lands that he has resided continuously for at
least one year in the municipality where the land is situated or in a municipality adjacent thereto

and has cultivated at least one-fifth of the land. Before submitting his final proof relative to the
compliance of the law, he must give due notice to the public of his intention to make such proof;
(5) The Director of Lands, satisfied that the applicant has complied with the requisites of the law,
orders, that the land be surveyed by a surveyor of the Bureau of Lands, and the corresponding
plan thereof prepared;
(6) The Bureau of Lands prepares the homestead patent issued in the name of the Republic of the
Philippines under the signature of the President of the Philippines; and
(7) Certified copy of the Patent is sent to the Registrar of Deeds of the province where the land lies for
the registration of the same. Thereupon, an original certificate is issued to the patentee
Sales
Who may avail? Any citizens of the Philippines of lawful age or the head of family
1. Filing of the application with the Director of Lands;
2. The Director of Lands makes appraisal of the land applied for and publishes a notice regarding the
sale 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 land
lies or in the neighboring province, the same notice shall be posted in the bulletin of the Bureau of
Lands in Manila, and in the most conspicuous places in the provincial building of the place where
the land lies, and if practicable on the land itself; but if the value of the land does not exceed
P240.00, the publication in the Official Gazette and newspaper may be omitted;
3. The applicant as well as any one desiring to buy the land may submit to the Director of Lands any
sealed bid, enclosing therewith an amount equivalent to ten per centum of the amount of the bid,
which amount shall be retained in purchase price. The bid of the applicant shall be preferred of two
or more equal bidders which are higher than the others. If the applicants bid 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;
4. The purchase price may be paid in full upon the making of the award, or may be paid in ten equal
annual installments from the date of the award;
5. The purchaser cultivates not less than one-fifth of the property within five years after the date of the
award;
6. The purchaser must show actual occupancy, cultivation and improvements of at least one-fifth of
the land applied for until the date of final payment;
7. The Director of Lands, satisfied that the purchaser has complied with requisites of the law, orders
the survey of the land, and when the plan thereof is finished, the sales patent is prepared and
signed in the same manner as a homestead patent;
8. Certified copy of the same is sent to the Registrar of Deeds, who issues the corresponding
certificate of title to the patentee in accordance with Section 107 of the Public Land Law in relation
to Section 122 of the Land Registration Law
Lease

Who Are Entitled to Lease? A tract of public agricultural land available for the purpose may be
leased to any Filipino citizen of lawful age, and any corporation or association of which 60% of the capital
stock or of any interest in said capital stock belongs wholly to Filipinos and which is organized and
constituted under the laws of the Philippines
Requirements for Lease of Public Lands
A notice shall be published in the same manner as a notice of sale. Bids must be sealed and
addressed to the Director of Lands and must have enclosed therewith cash or certified check, treasury
warrant or money order for a sum equivalent to the rental for at least the first three months. No bid shall be
considered in which the proposed annual rental is less than 3% of the value of the land according to the
appraisal made in accordance with law.
Rental: Terms and Conditions of the Lease
The annual rental which is payable in advance shall not be less than 3% of the value of the
appraised or reappraised value of the land in the case of strictly agricultural lands, and 2% in case of
grazing lands.
Leases shall be for a term of not more than 25 years, renewable for another 25 years. Upon the
expiration of the lease, all improvements made by the lessee or his successors shall become the property
of the Government.
It is an inherent condition of the lease that not less than 1/3 of the land be broken and cultivated
within 5 years after the date of the approval of the lease. In case of grazing land, it shall be sufficient if the
lessee shall graze as many heads of cattle as will occupy at least 1/2 of the entire area at the rate of one
head per hectare. The lessee shall not assign, encumber or sublet his rights without the consent of the
Secretary of Agriculture and Commerce. Violation of this condition shall void the contract.
The lease does not include timber nor mineral rights. After paying rent for 2 years, the lessee may
lease further lands, provided he does not exceed the maximum limit. During the life of the lease, the lessee
may purchase the leased lands subject to the conditions provided by law.
Free Patent or Administrative Legalization
Persons Entitled to Apply: Any natural born citizen of the Philippines who is not the owner of more
than twenty-four hectares and who since July 4, 1926 or prior thereto, has continuously occupied and
cultivated, whether by himself or by his predecessors-in-interest or who shall have paid the real estate tax
thereon is entitled to apply for a free patent, or gratuitous grant of said land, provided it is not more than
twenty four hectares in area
Now, not only agricultural lands but also residential lands have been made available for acquisition,
by recent legislation, for acquisition by administrative legalization or free patent by any natural born Filipino
citizen.
Procedure
A free patent or administrative legalization may be obtained in accordance with the following procedure:
1) Filing of application with the Director of Lands with the corresponding notice regarding his application
posted in the municipality and barrio in which the land is situated;
2) Upon receipt of the application, the Director of Lands shall make an investigation as to whether or not
the applicant has the required qualifications;

3) The Director of Lands, satisfied that the applicant has complied with the requisites of the law, orders the
survey of the land; and
4) When the plan is finished, the free patent is prepared, issued and registered in the same manner as a
homestead patent.
Judicial Confirmation of Imperfect or Incomplete Titles
Who may avail?
(a) Those, who, prior to the transfer of sovereignty from Spain to the US, have applied for the
purchase or other form of grant 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 not received title
therefore, if such applicants 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 30 years
(c) Members of 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
Procedure:
1. Apply to the CFI of the province where the land is located, praying for the inquiry into the validity of
the alleged title or claim, and that a certificate be issued to the applicants under the provisions of
Land Registration Act
2. Application should contain all material allegations, accompanied by a plan of the land, and all
documents evidencing a right over the land claimed.
3. Notice of the application shall be forwarded to the Director of Lands
4. Before publication, application shall also be transmitted to the Solicitor General to protect the
interest of Government.
5. Director of Lands, through the Solicitor General may file a petition against the holder, claimant,
possessor, or occupant of any land.
6. Conflicting interests over the land claimed shall be adjudicated by the court. If all parties who have
claim over the land lacks the needed qualifications, the decision shall be in favor of the
Government
7. Court decrees in whom the title should vest. Thereafter, the court will determine the amount to be
paid as a condition for the registration of the land.
8. After a judgment has become final, the clerk of court shall certify that fact to the Director of Lands,
with a certified copy of the judgment of the court, and the plan and technical details of the land
involved.
LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL USES
Lands for these purposes may be classified as follows:

1) Reclaimed Lands those formerly under water, but filled by the government, like the areas
adjoining the north and south harbors;
2) Foreshores part of the land adjacent to the sea which is actually covered and left dry by the
ordinary flow of the tides;
3) Marshy Lands covered with water bordering upon the shores or banks of navigable lakes and
rivers; and
4) Lands not included in the foregoing (Sec. 59, Com. Act No. 141).
Disposition of These Lands
Reclaimed lands, foreshores, and marshy lands may be disposed of only by lease. Other lands
may be disposed of by lease and sale.
Conditions of Lease
Leases of reclaimed lands, foreshores and marshy lands shall be subject to the following terms and
conditions:
1) The rental shall not be less than 3% of the appraised value;
2) The term of the lease shall not exceed 25 years renewable for another 25 years;
3) The lessee shall commence the construction of the improvements within 6 months from the date of
the lease and shall complete the same in 18 months;
4) At the expiration of the lease all improvements shall become government property; and
5) Violation of any of the conditions is a ground for the rescission of the contract.
Conditions of Sale of Certain Lands for Residential, Commercial or Industrial Purposes
Sales are subject to the condition that the purchaser shall make improvements within six months
and complete the same in 18 months and that the price shall be paid in cash or in annual installments not
to exceed 10. Other conditions may be imposed.
LANDS FOR CHARITABLE, EDUCATIONAL AND OTHER PURPOSES
Government Instrumentalities May Avail of Same
Any branch or subdivision of the government may acquire lands for educational, charitable, or
other similar purposes under contracts executed by the President, upon recommendation of the Secretary
of Agriculture and Commerce.
Forms of concession to province, municipality or other branches or subdivision of the government
are by donation, sale, lease, exchange or other forms (Sec. 69, Com. Act No. 141).
Any concession of land intended for charitable, educational and other purposes shall not exceed
96 hectares. The limitations on the rights of concessionaires are similar to those of sales and leases of
public agricultural lands. Concessions are not to be granted if intended for speculative purposes and any
grant will be subject to the approval of the Minister of Natural Resources.
Private Entities Entitled to Grant

A tract of alienable public land may also be sold or leased to private entities for the founding of a
cemetery, church, college, university, and other educational, charitable, philanthropical and scientific
institutions.
TOWN SITE RESERVATIONS AND OTHERS
The Secretary of Agriculture and Commerce, whenever it shall be for the public interest to found a
new town, shall order the survey of the proposed site of the town. The corresponding plan of the
subdivision shall be made designating the lots for commercial and industrial uses and those for residential
purposes (see Secs. 71-82, Com. Act No. 141).
Reservation for Public and Semi-Public Uses
The last form of disposition of alienable public lands is by means of reservations for public and
semi-public uses, such as those for the rights of way of railroads, hydraulic power sites, irrigation systems,
communal pastures, public parks, etc. and also for the use of non-Christian Filipinos.
Such reservations of lands for public and semi-public purposes are done by means of Presidential
Proclamations. (see Secs. 83-85, Com. Act No. 141; also Com. Acts Nos. 441, 691, as amended by Rep.
Act No. 63; and Rep. Act No. 274).
Restrictions and Limitations Common to All Grants and Concessions under the Public Land Act
All dispositions of lands as provided for under the Public Land Law shall be subject to the following
restrictions and limitations:
1) No land to be granted when such grant will affect injuriously the use of adjoining land or of the
waters, rivers, roads, etc.;
2) Minerals excluded from grant;
3) Grants of land subject to public servitudes;
4) Lands subject to right of way for certain purposes (not exceeding 20 meters in width), for public
highways, railroads, irrigations, ditches, telephone, telegraph, etc.;
5) Reservation of right to regulate use of waters;
6) Reservation for power purposes of flow of waters;
7) Prohibitions against conveyance, alienation or encumbrance except to qualified persons (except
mortgages of real property to aliens under Rep. Act No. 113); and
8) Land to conform to legal subdivisions.