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Public Land Act Revwr PDF
Public Land Act Revwr PDF
Public Land Act Revwr PDF
HISTORICAL BACKGROUND
ACT NO. 926 – the first Public Land Act, PUBLIC LANDS: ALIENABLE AND DISPOSABLE
Prescribed rules and regulation of the homesteading, LANDS IN GENERAL
selling and leasing of portions of the public domain,
and prescribed the terms and conditions to enable Public Lands refers to such lands of the public
persons to perfect their titles to public lands in the domain as are subject to alienation and disposal of
islands the State in accordance with the Public Land Act.
STATE
- Shall ensure, for the benefit of the Filipino people, the
full exploration and development as well as the DISTINCTION BETWEEN IMPERIUM AND
judicious disposition, utilization, management, DOMINIUM.
renewal and conservation of the country’s forest,
mineral, land, waters and other natural resources, Imperium - Government authority possessed by the
consistent with the objective of making the State which is appropriately embraced in sovereignty.
exploration, development and utilization of such
natural resources equitably accessible to the Dominium - The capacity of the State to own and
different segments of the present as well as future acquire property.
generations. - It refers to lands held by the government in a
proprietary character: can provide for the
- Shall recognize and apply a true value system that exploitation and use of lands and other natural
takes into account social and environmental cost resources.
implications relative to the utilization, development
and conservation of our natural resources Note: No public land can be acquired by private
person without any grant, express or implied, from
DEPARTMENT OF ENVIRONMENT AND NATURAL the government.
REOURCES (DENR)
THE IPRA AND NATIVE TITLE OVER ANCESTRAL
- Shall be primarily responsible for the implementation LANDS AND ANCESTRAL DOMAINS
of the foregoing policy.
Indigenous people may obtain the recognition of
- Shall be incharge of carrying out the State’s
ownership over ancestral lands and ancestral
constitutional mandate to control and supervise the
- Also include inland waters, coastal areas and DOCTRINE OF PRIMARY JURISDICTION - if a case
natural resources therein. is such that its determination requires the expertise,
specialized training and knowledge of the proper
Note: State policy – recognition and protection of administrative bodies, relief must first be obtained in
the rights of idigenous peoples to preserve abd an administrative proceeding before a remedy is
develop their cultures, tradtions, and institutions are supplied by the courts even if the matter may well be
the vital concerns of the State. (RA 8371, IPRA) within their proper jurisdiction.
If the applicant complies with the above, he is given - Upon the recommendation of the Secretary of
preference to purchase at a private sale not more DENR, the President may designate by proclamation
than 1000 sq.m. of land at a price to be fixed by the any tract/s of land of the public domain as
Director of Lands. reservations for the use of the RP or any of its
branches, or of the inhabitants thereof, in accordance
with the regulations prescribed for this purpose, or
SALE OF LANDS WITHIN MILITARY
for quasi-public uses or purposes when the public
RESERVATIONS
interest requires it
The patent or grant shall not take effecr as a Reversion of land acquired through fraud
conveyance or bind the land but shall operate only as The uncontroverted rule is that, the doctrine of
a contract between the government and the grantee. indefeasibility of Torrens Title does not bar the filing
It is the act of registration that conveys or of an action for cancellation of title and reversion of
affects the lands, and binds third person. land even if more than one year has elapsed from the
issuance of the free patent in case of fraud in
obtaining it.
CERTIFICATE OF TITLE ISSUED PURSUANT TO A
PATENT INDEFEASIBLE DIRECTOR OF LANDS HAS CONTINUING
AUTHORITY TO INVESTIGATE FRAUDULENT
- Registered owners under Torrens System, gives ISSUANCE OF PATENTS
security over the ownership of the land, it becomes
private property and it is no longer subject to the - It is not only the right but also the duty of the
disposition of the Director of Lands. Director of Lands to conduct the investigation of any
- It has in its favor the presumption of regularity alleged fraud in securing the free patent and the
corresponding title to a public land and to file the
- It becomes incontrovertible upon the expiration of 1
corresponding court action for the reversion of the
year from the date of the order for issuance of the
same to the State, if the facts disclosed in the course
patent, hence, prescription cannot operate against
of such investigation should so warrant.
the registered owner.
Note: Beyond the jurisdiction of Director of Lands - That the plaintiff is the owner of the land
because the land is private owned already. - That the defendant has illegally disposed him of the
same