REVIEWER

NATURAL RESOURCES AND ENVIRONMENTAL LAW

Atty. Payumo

CA 141 otherwise known as the Public Land Act

- Approved on November 7, 1936 and took effect on December 1, 1936

- With this law, all pre-existing laws related to public lands have been
compiled into a single instrument

Public Lands, defined

- Refers to such lands of the public domain as are subject to alienation

and disposal by the State in accordance with the Public Land Act.

Alienation , disposition , concession, defined

- Any of the methods authorized by CA 141 for the acquisition, lease, use
or benefit of the lands of the public domain, other than timber or mineral
lands.

Note:

Central Capiz vs. Ramirez

Public Lands once acquired in any of the methods provided by the Public Land
Act are no longer governed by PLA.

Supreme Court held that where part of the public lands has been legally
appropriated by a private individual, the same shall be deemed segregated
from the mass of the public lands and no law or proclamation thereafter
made or issued relating to public lands shall operate upon it inasmuch as the
subject of such free-hold or private land is not embraced in nor covered by the
PLA.

Garcia vs. Dinero

The Supreme Court held that where the land was registered as early as 1901
by means of possessory information, the land in question was outside the
field of public lands and its ownership could not be affected by subsequent
issuance of a free patent by the Director of Lands in favor of another person.

Classification, Delimitation, and Survey of Lands of Public Domain, for

the Concession Thereof (Section 6, CA 141)

- The President upon the recommendation of the Secretary of Agriculture.

- President may also transfer such lands from one class to another for
purposes of administration and disposition.
1. Alienable or Disposable
2. Timber, and
3. Mineral lands

Section 7, CA 141

For purposes of the administration and disposition of A&D lands, the

President, upon recommendation of the Secretary of Agriculture, shall from
time to time declare what lands are open to disposition or concession.

Requisites of Land to be Privately lands

What lands can be privately owned?

Only those lands shall be declared open to disposition or concession which

have been officially delimited and classified, and when practicable,
surveyed, and which have not been reserved for public or quasi-public uses,
nor appropriated by the Government…

1. Declared Open to disposition and concession

2. Officially delimited and classified
3. Have not been reserved for public or quasi-public uses nor appropriated
by the Government

NOTE: Section 8, 141

 - The President may declare lands of the Public domain open to disposition
for reasons of public interest before the same have had their
boundaries established or been surveyed
- President may also suspend their concession or disposition until they
are again declared to be open for such by proclamation or by act of the
Congress.

Classification of A&D Lands according to use under CA 141

“The President upon recommendation of the Secretary of DENR”

1. Agricultural Lands
2. Residential, commercial, industrial or for similar productive purposes
3. Educational, charitable, or other similar purposes; and
4. Reservations for townsites and for public use and quasi-public uses

Section 10, CA, 141

“alienation, disposition, or concession”

- Means any of the methods authorized by CA 141, for the acquisition,

lease, use or benefit of the lands of the public domain other than timber
or mineral lands.

Note:

The term “agricultural land” is used in its limited sense referring to farmland.

The President, upon recommendation by the Secretary of Agriculture, shall

from time to time make the classifications, and may at any time and in a
similar manner, transfer one class to another.

Under the Revised Administrative Code, Alienable lands of the Public Domain
may be reserved at the order of the President for a specific public purpose. Or
service.

Modes of Disposition

Forms of Concession of Agricultural Lands (Section 11)

Public lands Suitable for agricultural purposes can be disposed as follows:

1. By homestead settlement
2. Sale
3. By lease
4. By confirmation of imperfect or incomplete titles
a. By judicial legalization
b. By administrative legalization (or through an application for free
patent)

Note: Section 89, CA 141,

All applications filed under the provisions of CA 141 shall be addressed to the
Director of lands.

Application must be made under oath and provide the following:

1. For private individuals

a. Full name of the applicant,
b. age
c. Place of birth
d. Citizenship,
e. Civil status
f. Address

For Corporations, Associations, Partnership

a. Articles of Incorporation / Association / Partnership

b. Affidavit including the names of stockholders or members, their
citizenship
c. Amount of Shares subscribed
2. Applicants has all the legal qualifications and none of the disqualifications
3. Application is made for the actual purpose of using the land according to
the object specified and for no other purpose, and that the land is
suitable for the purpose contemplated
4. Application is made for the exclusive use of the applicant
5. Accurate description of the land and its location.
6. Whether the land is occupied, cultivated, or improved, and if so, by whom
and since when
7. That the land applied for is not TIMBER NOR MINERAL LAND and does not
contain guano or deposits of salt or coal.
8. Applicant agrees that a strip of 40 meters wide from the bank of each
side of any river or stream that may be found on the land applied to be
demarcated and preserved as permanent timber land to be planted
exclusively to trees of known economic value and that the applicant shall
not make any clearing thereon or utilizes the same for ordinary farming
purposes.

NOTE:

Applicant is required to Work on Land by Himself

This is to put a stop to the pernicious practice of employing tenants for the
purpose of complying the requirements of the Public land Act.

It is an essential condition in every applicant for or grant of agricultural lands

of the public domain that the applicant or his transferee must enter and
work upon, improve and cultivate the land by HIMSELF within the period
required.

Appeal

The decision of the Director of Lands may be annulled or reviewed only in

a direct proceeding and NOT COLLATERALLY

Remedies of the Aggrieved Party

1. File a MR based upon any of the grounds for new trial such as provided
in the Rules of Court as may be applicable
2. Appeal the decision to the Secretary of DENR.

Note:

It is well-settled rule that a decision rendered by the Director of Land and

affirmed by the SENR, upon question of fact, is conclusive and not subject
to review by the courts, in the absence of showing that such decisions is
rendered in consequence of a fraud, imposition, or mistake other than error
of judgment in estimating the value or effect of evidence, so long as there
is proper evidence upon which the finding in question could be made or unless
such decisions is erroneous and not warranted by law.
Secretary of DENR may also act motu proprio and decide even without
appeal

This may sound peculiar but the SENR may act and decide a land conflict
without waiting for an appeal to be taken to his office from the decision of
Director of lands if it would be more expedient and practical, especially where
the matter was referred by the President (Uichanco vs. Secretary of
Agriculture and Natural Resources)

The decision of SENR may also be appealed

To the Office of the President in view of the Doctrine of Exhaustion of

Administrative Remedies.

Note, however, that:

Where the administrative remedies have not been exhausted, this only implies
that there is an absence of a cause of action and does not affect the
jurisdiction of the court either over the parties if they have been properly
summoned or over the subject matter of the case. (Pineda vs. CFI of Davao)

Doctrine of Exhaustion of Administrative remedies, when not applicable:

1. Private lands acquired by the Government by purchase or resale to

individuals

2. Where the question in dispute is purely a legal one

3. Where the controverted act is “patently illegal”

4. Performed without or in excess of jurisdiction

5. Urgency of judicial intervention

6. Where exhaustion of administrative remedies would be completely futile and

meaningless.

7. Where there is estoppel on the part of the administrative agency concerned

8. When there is irreparable injury

9. Where the respondent is a department secretary whose acts as an alter ego

of the President bears the implied and assumed approval of the latter.
Reconveyance vis-à-vis Reversion

Reconveyance (Article 1456, NCC), IF the property is acquired through

mistake or fraud, the person obtaining it is, by force of law, considered a
trustee of an implied trust for the benefit of the person whom the property
comes

Grounds for reconveyance

1. Fraud

2. Implied Trust

3. Express Trust

4. Void Contracts

Reversion, is a proceeding is the manner through which the STATE seeks to

revert land to the mass of public domain and is the proper remedy when public
land is fraudulently awarded and disposed of in favor of private individuals or
corporation.

Grounds for Reversion

1. Section 118 of CA 141,

Lands acquired through under free patent or homestead provisions shall not
be subject to encumbrance or alienation from the date of the approval of the
application within 5 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 25 years after the issuance of the title shall be valid without the
approval of the SAR, which approval shall not be denied except on
constitutional and legal grounds.

2. Section 120 of CA 141

- Conveyance to non-Christian Filipinos or national cultural minorities that are
not valid (conveyance was made when the transferee is illiterate, or not in a
language known to him)

3. Section 121, CA 141

Except when the consent of the grantee and the approval of the SENR and
solely for commercial, industrial, educational, religious or charitable purposes
or for 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 CA 141 or to any permanent improvement on such land.

4. Section 122, CA 141

Except in cases of hereditary succession, no land or any portion thereof

originally acquired under free patent, homestead, or individual sale provisions
of this Act, or any permanent improvement on such land, shall be transferred
or assigned to any individual, nor shall such land or any permanent
improvement thereon be leased to such individual, when the area of said
land, added to that of his own, shall exceed 144 hectares.

Any transfer, assignment or lease made in violation hereof, shall be null and
void.

5. Section 123, CA 141

No land originally acquired in any manner under any provisions of any

previous Act, ordinance, royal order, royal decree or any provisions of law
formerly in force in the Philippines with regard to public lands, shall be
encumbered, alienated, or conveyed except to persons, corporations or
associations who may acquire land of the public domain.

6. Land is not registrable

7. Grantee fails to comply with the conditions imposed by law
8. Acquisition is in violation of the Constitution.
Lorzano vs. Tabayag

A free patent may be issued where the applicant is a:

1. A natural-born citizen of the Philippines

2. Not the owner of more than 12 hectares of land

3. Has continuously occupied and cultivated, either by himself or through his

predecessors-in-interest, a tract, or tracts of agricultural public land subject
to disposition, for at least 30 yaears prior to effectivity of RA 6940

4. Has paid real property taxes thereon.

Note:

Once a patent is registered, and the corresponding certificate of title is issued,

the land covered thereby ceases to be part of public domain and becomes
private property, and the Torrens title issued pursuant to the patent becomes
indefeasible upon expiration of one year from the date of such issuance.

However, a title emanating from a free patent which was secured through
fraud does not become indefeasible, precisely because the patent from
whence the title sprung is itself void and of no effect whatsoever.

Registration does not vest title nor is it a mode of acquiring ownership. It

merely confirms the registrant’s already existing one. A fraudulently acquired
free patent may only be assailed by the government in an action for reversion.

Homestead Patent –

Is a mode of acquiring alienable and disposable lands of the public domain for
agricultural purposes conditioned upon actual cultivation and residence.

Where to File?

CENRO where the land being applied for is located.

Qualifications / Requisites

1. Citizen of the Philippines

2. Over 18 years of age or head of the family

3. Land must not be exceeding 12 hectares

4. Must have cultivated and improved at least 1/5 of land continuously
since approval of the application

5. Must resided for at least 1 year in the municipality in which the land is
located or in the municipality adjacent to the same.

6. Payment of required fees.

Note:

Once a homestead patent is registered, the certificate of title issued by virtue of

said patent has the force and effect of a Torrens title issued through judicial
registration proceedings.

An applicant for homestead patent, at any time after approval of his or her
application and before the patent is issued, may transfer his rights to the
land and improvements to any person legally qualified to apply for a
homestead upon previous approval of the Director of Lands.

The purchaser then shall succeed the original homesteader in his right and
obligations beginning with the date of the approval of the said application of
the purchaser. As an effect, the person who transferred (his homestead
rights) may not again apply for a new homestead.

Every transfer made WITHOUT 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.

A land registration court cannot be divested of jurisdiction by subsequent

issuance of a homestead patent over the same land subject of registration.
Sale of Public Agricultural Lands

Qualifications / Requisites

1. Must be a citizen of the Philippines

2. Over 18 years of age, or the head of the family

3. Land must be not exceeding 12 hectares

4. Mode of sale through sealed bidding

5. Paid in full or 10 annual equal installments

6. Must have cultivated and improved at least 1/5 of the land within 5 years
from the date of award

7. Must show actual occupancy, cultivation, and improvement of at least 1/5

of the land until the date of final payment.

After the cultivation of the land has begun, the purchaser with the approval of
the SENR, may convey or encumber his rights to any person, corporation,
association legally qualified to purchase public agricultural lands provided it
does not have any adverse effect to the rights and interest of the
Government in the land.

Any sale or encumbrance made without the previous approval of the Secretary
shall be null and void and shall produce the effect of annulling the acquisition
and reverting the property and all rights to the State, all payments of the
purchase price shall likewise be forfeited.

Purchaser shall not assign, encumber, or sublet his rights without the consent
of SENR.
Lease

Qualifications for Filipino Citizens

1. Land area must not exceed 500 hectares

2. 1/3 of the land must be cultivated within 5 years.

For Corporations

1. Must be 60% Filipino owned

2. Period of lease must not be more than 25 years renewable for not more than
25 years.

3. Not exceed 1000 hectares

4. 1/3 of the land must be cultivated within 5 years.

NOTE:

It shall be an inherent and essential condition of the lease that the lessee shall
have not less than 1/3 of the land broken and cultivated within 5 years after
approval of the lease.

If the land leased is to be devoted for pasture, it shall be sufficient compliance

with the cultivation condition if the lessee shall graze on the land as many
heads of cattle as will occupy at least one-half the entire area at the rate of
one head per hectare.

The lease of any lands shall not confer the right to remove or dispose of any
valuable timber except as provided in the regulations of the Bureau of Forestry
Code for cutting timber upon such lands.

Nor shall such lease confer the right to remove or dispose of stone, oil, coal,
salts or other minerals or medicinal mineral waters existing upon the same.
During the life of the lease, any lessee who shall have complied with all the
conditions thereof and shall have the qualifications required by Section 23,
shall have the option of purchasing the land leased.

Administrative Legalization (Free Patent)

Qualification for administrative legalization (Section 44)

1. Any natural-born citizen of the Philippines

2. Not the owner of more than 12 hectares

3. Has continuously occupied and cultivated either by himself and or his

predecessor in interest

4. Subject land must be an agricultural land.

5. Real estate taxes must be paid

6. Land is not occupied by any other person

7. Prescriptive period of 30 years under a bona fide claim of ownership

8. Free patent to be granted does not exceed 12 hectares

Note

RA 9176 extended the Period until December 31, 2020, for the Filing of the
Applications for Adminsitrative Legalization (Free Patent) and Judicial
Confirmation of imperfect and incomplete title to alienable and disposable
lands of the public domain.

RA 10023

All lands zoned as residential lands may now be disposed of by means of a

free patent.
The application of the land must be supported by a survey plan approved by
the DENR and corresponding technical description, together with the
affidavit of 2 disinterested persons who are residents of the barangay of the
city or municipality where the land is located to the effect that the applicant
has, by himself or through his predecessor-in-interest, actually resided on
and actually possessed and occupied, the land applied for under a bona fide
claim of acquisition of ownership for at least 10 years and has complied with
the other requirements.

IMPORANT:

The restriction regarding encumbrances, conveyances, transfers, or

dispositions under Section 118, 119, 121, 122, and 123 of the PLA shall not
apply to patents issued under RA 10023

RA 10023,

Qualifications

Any Filipino citizen who is

1. An actual occupant of a residential land may apply for a Free Patent title;

2. IN highly urbanized cities, the land should not exceed 200 square meters,

In other cities, it should not exceed 500 square meters

In 1st and 2nd class municipalities, it should not exceed 750 square meters

IN all other municipalities, it should not exceed 1000 square meters.

3. The land applied for is not needed for public service and/or public use.

Coverage

Covers all lands that are zoned as residential areas including townsites as
defined under PLA

Zoned residential areas located inside a delisted military reservation or

abandoned military camp,

Those of LGUs or townsites which preceded RA 7586 or the National Integrated

Protected Areas System law, shall also be covered.
PROVIDED, None of the Provisions of the Forestry Code shall be violated.

Period of Application

All applications shall be filed IMMEDIEATELY before the CENRO.

1. CENRO shall process the application within 120 days including

requirements to notice and legal requirements

2. CENRO thereafter shall forward the application to PENRO who shall within 5
days to approve or disapprove the patent.

In case of approval , patent will be issued

In case of conflicting claims among claimants, the parties may seek proper
judicial remedies.

VI. LANDS FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL

PURPOSES

Sale or Lease

Lands may be leased or sold to any person, corporation, association authorized

to lease public lands for agricultural purposes

Under the Constitution, private corporations 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 hectares in area.

Citizens may lease not more than 500 hectares or acquire not more than 12
hectares by purchase, homestead, or grant.

Section 59, CA 141 (lands as disposable) (R – F – M L

1. Lands reclaimed by the government by dredging, filling or other means
2. Foreshore lands
3. Marshy lands or lands covered with water bordering upon the shores or
banks of navigable lakes or rivers
4. Lands not included in any of the foregoing classes
NOTE
Nos. 1, 2, and 3 shall only be disposed to private parties by LEASE ONLY as
soon as the President upon recommendation of the SENR declare that the
same are not necessary for the public service and are open to disposition.
No. 4 may be disposed of by sale or lease.
If NO. 4 classification under Section 59 is subject to lease, the following
conditions shall apply:

CONDITIONS FOR LEASE (NO. 4)

1. The lessee shall construct PERMANENT improvements appropriate for the
purpose and shall commence construction within 6 months from the date of
the award and shall complete the said construction within 18 months from
date.

2. At the expiration of the lease or of any extension, all improvement made by

the lessee, his heirs, executors, successors, or assigns shall become the
property of the government

NOTE: Lease may be rescinded by the SENR if there is a violation of said

conditions). SENR may extent the period.

RESCISSION IS NOT AUTOMATIC. (LU DO vs. AZNAR BROTHERS REALTY

CO.)

CONDITIONS FOR SALE (NO. 4)

1. The purchaser shall make improvements of permanent character, shall
commence work within 6 months within receipt of the award, and shall
complete the said improvements within 18 months
2. Shall be paid in cash or in 10 equal annual installments.

Oral bidding AND Sealed bidding(SECTION 67)

- Lease or sale shall be made through oral bidding; and adjudication shall be
made to the highest bidder

Sealed bidding
Where an applicant has made improvements on the land by virtue of a permit
issued to him by competent authority, the sale or lease shall be made by sealed
bidding.

Under CA 141, any tract of land of the public domain which, being neither
timber nor mineral land is intended to be used for residential purposes or for
commercial, industrial, or other productive purposes other than agricultural is
open to disposition or concession.

EXCEPTION TO SECTION 67, CA 141 (direct selling)

RA 730 authorizes disposition of lands of the public domain by private sale,

instead of bidding provided that:

1. The applicant has in his favor the conditions specified therein, and

Applicant must be:

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

NOTE: If he complies with these conditions, eh 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 DL

RA 730 merely provides an exception Section 61, and 67. This means that the
law authorizes a sale by private sale, as an exception to the general rule that it
should be by bidding, provided the area applied for does not exceed 1,000
square meters and the applicant has in favor the conditions specified.

2. The area applied for is not more than 1,000 square meters

VII LANDS FOR EDUCATIONAL, CHARITABLE AND OTHER SIMILAR

PURPOSES
President upon recommendation by the SENR, may execute contracts in the
form of

1. Donation

2. Sale

3. Lease

4. Exchange

5. or any other form.

Said land so granted shall in no case be encumbered or alienated except

when the public service requires their being leased or exchange with the
approval of the President for the lands belonging to private parties, or if
Congress disposes otherwise.

NOTE;

Any tract of public land may be sold or leased for the purpose of founding a
cemetery, church, college, school, university or other institutions for
educational, charitable or philanthropical purposes or scientific research, the
area to be such as may actually and reasonable be necessary to carry out such
purposes

IMPORTANT:

SENR may waive the condition of cultivation and the condition of sale must be
made through public auction.

The condition that the purchaser or lessee or their successors or assigns shall
not sell, transfer encumber or lease the land for purposes of speculation or use
it for any purpose OTHER than that contemplated in the application.

RESERVATION FOR TOWN SITE AND PUBLIC AND SEMI-PUBLIC USES

Whenever it shall be considered to be in the public interest to found a new

town,

1. SENR shall direct the DL to have a survey made of the exterior boundaries of
the site
2. DL shall send the survey with his recommendation to the SENR

3. SENR should he approve the recommendation, shall submit the matter to

the President

4. The President may issue a proclamation reserving the land surveyed as

townsite

5. DL shall direct a subdivision of the site.

CITY GOVERNMENT OF BAGUIO v. MASWENG (2009 case)

NCIP’s jurisdiction on injunction

- The NCIP is the Primary government agency responsible for the formulation
and implementation of policies, plans and programs to protect the rights and
well-being of ICCs and IPs and the recognition of their ancestral domains as
well as their rights thereto.

NCIP is vested with jurisdiction over all claims and disputes involving the
rights of ICCs/IPs provided that the parties thereto shall have exhausted all
remedies provided under their customary laws and have obtained a
certification from the Council of Elders / Leaders who participated in the
attempt to settle the dispute that the same has not been resolved.

NCIP AC No. 1-03

NCIP has jurisdiction over claims and disputes involving ancestral lands and
enumerates the actions that may be brought before the commission.

Note: there is a need to confirm on the basis of the allegations in the petition
whether private respondents are members of ICCs/IPs.
L-