CLASSIFICATION OF LANDS UNDER THE PUBLIC LAND ACT: MODES OF DISPOSITION:

1. Alienable or Disposable Only alienable and disposable lands may be the subject of disposition.
2. Timber
- Only those lands which are declared open to disposition and
3. Mineral
concession;
For purposes of the administration and disposition of alienable and - which have not been reserved for public or quasi-public uses.
disposable public lands:
Public lands suitable for agricultural purposes can be disposed of only as
- The President may, upon recommendation of the Secretary of follows:
Environment and Natural Resources, from time to time, declare
a. For homestead settlement;
what lands are open to disposition and concession.
b. By sale;
Section 3, Article XII of the 1987 Constitution states that: c. By lease;
d. By confirmation of imperfect or incomplete titles:
- “…Alienable lands of the public domain shall be limited to
1. By judicial legalization
agricultural lands.”
2. By administrative legalization (free patent)

CLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION:

FOR HOMESTEAD SETTLEMENT:
1. Agricultural CHAPTER IV OF THE PUBLIC LAND ACT
2. Residential, commercial, industrial or for similar purposes;
3. Educational, charitable or other similar purposes;
REQUIREMENTS:
4. Reservations for town sites and for public and quasi-public uses.

1. Any citizen of the Philippines;

CLASSIFICATION OF LANDS IS AN EXECUTIVE PREROGATIVE: 2. of lawful age or head of the family;
3. may enter a homestead of not exceeding 12 hectares of
Classification is a prerogative of the executive department and not the
agricultural land of the public domain.
courts.
4. The applicant must have cultivated and improved at least 1/5 of
- The president must first, the land continuously since the approval of the application; and
a. officially classify these lands as alienable or disposable; 5. Resided for at least 1 year in the
b. Then declare them open to disposition or concession. a. Municipality in which the land is located; or
b. In the municipality, adjacent to the same.
- “It bears emphasizing that a positive act of the government is 6. Upon payment of the required fee.
needed to declassify land which is classified as forest and to
convert it into alienable or disposable land for agricultural or
other purposes.” (Republic vs Animas, 56 SCRA 499)
TRANSFER OF RIGHTS: SALE
CHAPTER V, PUBLIC LAND ACT
A. At any time after the approval of the application and before the
patent is issued
- the applicant, with the previous approval of the Director of REQUIREMENT: (Sale thru Sealed Bidding of Agricultural Lands)
Lands, may transfer his rights to the land and improvements to
1. Any citizen of the Philippines;
any person legally qualified to apply for a homestead.
2. of lawful age or the head of the family;
3. may purchase any tract:
- Any person who has transferred his rights may not again apply
a. of public agricultural land;
for a new homestead.
b. not exceeding 12 hectares
4. which shall be sold through sealed bidding.
- Every transfer made without the previous approval of the
5. The purchaser shall have not less than 1/5 of the land cultivated,
Director of Lands shall be:
within 5 years from the date of the award; and
6. Before any patent is issued, must show actual occupancy,
1. Null and void; and
cultivation, and improvement of at least, 1/5 of the land until date
2. Result in the cancellation of the entry and the refusal of
of payment.
the patent.

B. FIVE-YEAR PROHIBITORY PERIOD from the issuance of the patent;

TRANSFER OF RIGHTS:
- By express provision of Section 118 of the Public Land Act, any After the cultivation of the land the purchaser may encumber his rights to
transfer or alienation of a homestead patent within five (5) any person, corporation or association:
years from the issuance of the patent is proscribed.
1. Legally qualified under the act to purchase agricultural lands;
2. With the approval of the Secretary of Environment and Natural
- Such transfer:
Resources.
1. nullifies said alienation, which cannot be ratified or Any sale and encumbrance without the previous approval of the Secretary
acquire validity through the passage of time; and shall be:
2. constitutes cause for the reversion of the property to
the State. a. Null and void;
b. Shall annul the acquisition;
- Except: in favor of the government or any of its branches, units c. Revert the property and all rights to the state: and
or institutions. d. All payments made to the government shall be forfeited.
- Homesteader is authorized to repurchase the homestead when After a sale has been approved, the vendor shall not lose his right to acquire
properly sold within 5 years from the date of the sale. public agricultural lands under the provision of PLA, provided he has the
- Extended to 25 years if no approval of the Secretary of necessary qualifications.
Environment and Natural Resources
(Sale thru Oral Bidding of Residential, Commercial and Industrial Lands) 2. Private Corporations:
- of which at least 60% of the capital stock or of any interest in
- Adjudication shall be made to the highest bidder.
said capital stock belongs wholly to citizens of the Philippines.
- However, where an applicant has made improvements on the
- may lease not more than 1,000 hectares,
land by a permit issued to him by competent authority, the sale
- for a period not exceeding 25 years and renewable for not more
or lease shall be made thru sealed bidding.
than 25 years.
REQUIREMENTS: (Sale thru Private Sale of Residential, Commercial and
Industrial Lands) 3. Lessee shall have not less than 1/3 of the land broken and cultivated
within 5 years after the date of the approval of the lease.
1. Any Filipino Citizen;
2. Of lawful age; 4. In case the land is devoted to pasture, it shall be sufficient
3. Who is not the owner of a home lot on the municipality or city in compliance if the lessee shall:
which he resides; and a. graze on the land as many heads of cattle as will occupy
4. Who has constructed his house on the land and actually resided at least ½ of the entire area;
therein; b. at the rate of 1 head per hectare.
5. Who has established his residence in good faith;
6. Land to be purchased must not be more than 1,000 square meters CONDITIONS OF THE LEASE: (under the book for reclaimed land lang to tbh)
at a price to be fixed by the Director of Lands with approval of the
a. Lessee shall construct permanent improvements appropriate for the
Secretary of Environment and Natural Resources.
purpose for which the lease is granted;
b. Shall commence the construction within 6 months from the date of
- Having all the requirements merely gives the applicant
the award; and
preference to purchase alienable public land suitable for
c. Shall complete the said construction within 18 months.
residential purposes.
d. After expiration of the lease, the improvements shall become the
property of the government.
- If the area is more than 1,000 square meters, the sale may only
be done thru sealed bidding. Failure to comply with the condition for the construction of the
improvements does not automatically give rise to the rescission of the lease
LEASE contract, the Secretary of Environment and Natural Resources may:
CHAPTER VI OF THE PUBLIC LAND ACT
a. Subject to conditions as he may prescribe, waive the rescission
arising from a violation of the condition; or
REQUIREMENTS: (Lease of Agricultural Public Land) b. Extend the time within which the constructions of the
improvements shall be commenced and completed.
1. Any Filipino citizen of lawful Age:
- may lease not more than 500 hectares.
CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE may be done in two ADMINISTRATIVE LEGALIZATION/FREE PATENT
ways: CHAPTER VII OF THE PUBLIC LAND ACT

1. Judicial legalization or judicial confirmation of imperfect or

incomplete titles under Chapter VIII of the Public Land Act, and REQUIREMENTS: (Administrative Legalization of Agricultural Public Lands)
2. Administrative Legalization or free patents under the Chapter VII of
1. Any natural-born Filipino citizen;
the same Act.
2. Not the owner of more than 12 hectares;
3. For at least 30 years prior to the effectivity of PLA has;
4. Continuously occupied and cultivated;
JUDICIAL LEGALIZATION/CONFIRMATION
5. By himself or through his predecessors-in-interest;
CHAPTER VIII OF THE PUBLIC LAND ACT
6. Agricultural public land open to disposition and concession;
7. Who shall have paid the real estate tax thereon while the same has
not been occupied by any person;
REQUIREMENTS: 8. Shall be entitled to have a free patent;
1. Applicant must be a Filipino Citizen; 9. For land not exceeding 12 hectares.
2. He must have, by himself or through his predecessors-in-interest;
3. Been in open, continuous, exclusive and notorious possession and
occupation of; REQUIREMENTS: (Administrative Legalization for Residential Lots under RA.
4. alienable and disposable lands of the public domain; No. 10023)
5. Under a bona fide claim of acquisition or ownership;
1. Any Filipino Citizen;
6. Since June 12, 1945, (except when prevented by war or force
2. Who is an actual occupant of a residential land; provided that
majeure).
7. The application must be filed in the proper court;
a. In highly urbanized cities – the land should not exceed 200 square
a. Regional Trial Court
meters;
b. Municipal Trial Courts in the following instances;
b. In other cities - it should not exceed 500 square meters;
i. Where the lot sought to be registered is not the subject of a
c. In first and second class municipalities – it should not exceed 750
controversy or opposition; or
square meters;
ii. Where the lot is contested, but the value thereof does not
d. In all other municipalities – it should not exceed 1,000 square
exceed 100,000.
meters.

- Land must be alienable and disposable at the time of the

3. Provided further that, the land applied for is not needed for public
application for confirmation is filed.
service or public use.
The application shall be supported by the following:

a. Map based on an actual survey conducted by a licensed geodetic

engineer and approved by the Department of Environment and
Natural Resources;
b. Technical Description of the land applied for;
c. Supporting affidavit of 2 disinterested persons who are residing in
the same barangay of the city or municipality where the land is
located, proving that the applicant by himself or through his
predecessors-in-interest has actually resided and continuously
possessed and occupied, under a bona fide claim of ownership for
at least 10 years.

TRANSFER OF RIGHTS:

RA 10023 removes all restriction with respect to the encumbrance or

transfer of land acquired thru free patent.