P U B L I C L A N D A C T

C O M M O N W E A LT H AC T N O. 1 4 1
REPORTERS: LOREVERA KRISHNA M. ABELLAR AND,
PUBLIC LAND ACT
(COMMONWEALTH ACT NO. 141
• Enacted on November 7, 1936
• Its provisions apply to lands of Public domain; except timber and mineral lands which are
governed by special laws
• The lands commonly called ``friar lands`` are those which being publicly owned, have
reverted to or become property of the Republic of the Philippines
HISTORICAL BACKGROUND
• Act No. 926 – the first Public Land Act, passed in pursuance of the provisions of
Philippine Bill of 1902; it governed the disposition of lands of the public domain; it
prescribed rules and regulations for the homesteading, selling, and leasing of portions
of the public domain of the Philippine islands ; prescribed the terms and conditions to
enable persons to perfect their titles to public lands in the islands; it also provided for
the issuance of patents to certain native settlers upon public lands, for establishment
of town sites, for completion of imperfect titles, cancellation or confirmation of
Spanish concessions and grants in the islands
HISTORICAL BACKGROUND
• Act no. 2874 superseded the act no 926, the 2nd Public Land Act
• Was passed under the Jones Laws
• Limited the exploitation of agricultural lands to Filipinos and Americans and
citizens of other countries
• After passage of 1935 constitution CA No. 141, the present Public Land Act
essentially the same act as Act No. 2874. Grants of Public lands are brought
under the operation of the Torrens System pursuant to Sec. 103 of PD No.
1529 or Property Registration Decree.
POLICY CONSIDERATIONS
• The state shall ensure the full exploration and development as well as
judicious disposition, utilization, management, renewal of the country’s forest,
mineral, land, waters and natural resources consistent with the objective of
making of exploration, development, and utilization of such natural
resources equitably accessible to the different segments of the present and
future generations.
POLICY CONSIDERATIONS
• The department of environment and natural resources shall be primarily
responsible for the implementation of the foregoing policy.
• It shall be in charge of carrying out the states constitutional mandate
REGALIAN DOCTRINE
• Sec. 2, article XII of the Constitution, embodies the Regalian doctrine. “All lands if
the public domain belong to the state”.
• All lands not appearing to be clearly of private dominion presumptively belong to
the state.
• Except for agricultural lands, natural resources cannot be alienated.
ORGANIZATIONAL STRUCTURE
• Secretary of DENR, is the executive officer charged with Carrying out the provisions of Public
Land Act
• Director of lands, shall act under his immediate control and shall have direct executive control
of the survey, classification, lease, sale or any oyher form of concession or disposition and
management of the lands of public domain
SPECIFIC FUNCTIONS OF THE
DEPARTMENT SECRETARY
• Sec. 4, Chapter I, Title XIV of Revised Administrative Code of 1987 specifically vest the
following powers and functions:
• Section 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 aquatic 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 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.
SPECIFIC FUNCTIONS OF LMB
DIRECTOR AND REGIONAL OFFICERS
• SECTION 14. Lands Management Bureau. There is hereby created the Lands
Management Bureau which shall absorb functions and powers of the Bureau
of Lands except those line functions and powers which are transferred to
the regional field office. The Lands Management Bureau to be headed by a
Director and assisted by an Assistant Director shall advise the Secretary on
matters pertaining to rational land classification management and disposition
and shall have the following functions, but not limited to:
• (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 (C.A. 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.
DELEGATED FUNCTIONS
• DENR AO NO. 38 Series of 1990
• Department Secretary on land management
• approves the appraisal of public lands and issues authority to conduct bidding covering agricultural land
sales above 5 hectares and leases covering 100 hectares and above
• Approves transfer of public land application or deeds of sale/mortgages of patented lands above 12 hectares
• Decides cases on appeal involving claims/conflicts over public lands
• And signs patents for areas more than 5 hectares for sales and more than 10 hectares for homestead and
free patents
• Regional Executive Director (RED)
• Issues orders of bidding and signs contracts and public land subdivision
• Regional Technical Director (RTD)
• Verifies, approves and sign maps ad plans for public land subdivision, cadastral and isolated surveys
• Provincial, Environment and Natural Resources Officer (PENRO)
• Issues certificates of land classification for areas over 50 hectares
• Community environment and Natural Resources Officer (CENRO)
• Issues survey orders to conduct isolated surveys, issues land classification for land areas below 50 hectares.
C L A S S I F I C AT I O N O F
LANDS
Generally, there are two (2) classifications of
lands;

1. Lands of PUBLIC DOMAIN

2. Lands of PRIVATE DOMAIN

Under the 1987 Constitution, there are four (4)
categories of lands of PUBLIC DOMAIN;
1. Agricultural
2. Forest or Timber Lands
3. Mineral Lands
4. National Parks
Under the Section 6 of Public Land Act, there are
three (3) categories of lands of PUBLIC DOMAIN;

1. Alienable or disposable (A/D)

2. Timber Lands
3. Mineral Lands
 Alienable or Disposable Lands (A/D)

a. Agricultural
b. Residential, Commercial, Industrial, or for similar productive purposes
c. Educational, charitable, or other similar purposes
d. Reservations for town sites and for public and quasi public uses
NOW, WHO HAS THE PREROGATIVE TO CLASSIFY
OR RECLASSIFY LANDS OF PUBLIC DOMAIN?

Executive Branch OR Judicial Branch

 REPUBLIC VS. NAGUIAT
GR. NO. 134209
J A N U A R Y 24 , 2 0 0 6

Under Section 2, Article XII of the Constitution, which embodies the Regalian doctrine, all lands of the
public domain belong 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.

Under Section 6 of the Public Land Act, the prerogative of classifying or reclassifying lands of the public
domain, i.e., from forest or mineral to agricultural and vice versa, belongs to the Executive Branch of the
government and not the court. Needless to stress, the onus to overturn, by incontrovertible evidence,
the presumption that the land subject of an application for registration is alienable or disposable rests
with the applicant.
MODES OF
DISPOSITION
1. Only Alienable or Disposable (A/D) lands may be subject for disposition

Only those lands shall be declared open for disposition or concession which
have been officially delimited and classified and, when practicable, surveyed, and
which have not been reserved for public uses, nor appropriated by the
government, nor in a manner become private property, nor those on which a
private right authorized and recognized by the Act or any valid law may be
claimed, or which, having been reserved or appropriated, have ceased to do so.
MENGUITO VS. REPUBLIC
GR. NO. 134308
DECEMBER 14, 2000

For the original registration of title, the applicant must overcome the presumption
that the land sought to be registered forms part of the public domain. 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 owner, no matter how long, cannot ripen into ownership and be
registered as a title." To overcome such presumption, incontrovertible evidence must
be shown by the applicant. Absent such evidence, the land sought to be registered
remains inalienable.
2. Hearing
Applications for registration shall be heard in the Regional Trial Court in the
same manner and shall be subject to the same procedure established in the Property
Registration Decree.

However…
BP Blg. 129, known as the Judiciary Reorganization Act of 1980, grants
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts the
delegated jurisdiction to hear and determine cadastral or land registration cases in the
following:
I. Where the lot sought to be registered is not the subject of
controversy or opposition;
II. Where the lot is contested but the value thereof does not
exceed P100,000.00
3. Burden of proof rests on applicant

The burden is on the applicant to prove his averments and not the
government or the private oppositors to establish a negative proposition
insofar as the applicant’s specific lots are concerned. He must submit
convincing proof of his or his predecessors-in-interest’s actual, peaceful, and
adverse possession and occupation in the concept of owner of the lots during
the period required by law. (Republic vs. Naguiat)
4. The law requires both possession and occupation

Possession is broader than occupation because it includes constructive

possession. When, therefore, the law adds the word occupation, it seeks to
delimit the all-encompassing effect of constructive possession.
5. Judgment
If the court finds that more than one person or claimant has an interest in the land,
the conflicting interests shall be adjudicated by the court and decree awarded in
favor of the person or persons entitled to the land sought to be registered.
However, 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 public domain, the decision shall be in favor of the government, i.e.,
the application and/or opposition shall be dismissed and the land, declared public
land.
RAMOS-BALALIO VS. RAMOS
GR. NO. 168464
JANUARY 23, 2006

The application and opposition of the petitioner and respondents, respectively,

cannot be enforced because neither of the parties therein can claim any vested right
over the subject parcel land which is still part of the public domain.
SPECIFIC
MODES OF
DISPOSITION
Public lands suitable for agricultural purposes 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:
a) By Judicial Legalization
b) By Administrative Legalization (Free Patent)
A. HOMESTEAD SETTLEMENT
Requirements:
• Any citizen of the Philippines over the age of 18 years, or the head of a
family;
• Homestead not exceeding 12 hectares of agricultural land of the public
domain;
• Must have cultivated and improved at least 1/5 of the land continuously
since the approval of the application, and;
• Resided for at least one (1) year in the municipality in which the land is
located.
B. SALE OF PUBLIC AGRICULTURAL
LANDS
Requirements:
• Any citizen of the Philippines over the age of 18 years, or the head of a family;
• Purchase not exceeding 12 hectares of agricultural land of the public domain
which shall be sold through bidding;
• Not less than 1/5 of the land must be cultivated within 5 years from the date
of the award;
• Must show actual occupancy, cultivation, improvement of at least 1/5 of the
land until the date of final payment.
C. BY LEASE
Requirements:
• Any citizen of lawful age of the Philippines;
• Any corporation or association of which at least 60% of the capital stock/of
any interest in said capital stocks belong wholly to citizens of the
Philippines;
• For a period not exceeding 25 years, renewable for not longer than 25
years, and not to exceed 1,000 hectares.
D. CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLE
The confirmation of imperfect or incomplete titles may be done in 2 ways:

a) By Judicial Legalization or Judicial confirmation of imperfect or incomplete titles;

b) By Administrative Legalization or Free Patents
A. BY JUDICIAL LEGALIZATION
This ownership is based on adverse possession and the right of acquisition is
governed by Chapter VII on Judicial Confirmation of Imperfect or Incomplete Titles.
The applicant must prove that:
1. The land is A/D
2. 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 presumes that the land
was originally public agricultural land but because of adverse possession since June 12, 1945,
the land has become private.

 Pursuant to RA No. 1942 dated June 22, 1957, the required possession was “at least 30 years
immediately preceding the filing of application”, but this was repealed by PD No. 1073 (January 25,
1977), which now requires possession since June 12, 1945 or earlier.
REPUBLIC VS. DOLDOL
GR. NO. 132963
SEPTEMBER 10, 1998
RA No. 1942 has already been amended by Presidential Decree No. 1073, approved on
January 25, 1977. As amended, Section 48(b) now reads:

(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, since June
12, 1945, or earlier, immediately preceding the filing of the application for confirmation of title,
except when prevented by wars or force majeure. Those shall be conclusively presumed
to have performed all the conditions essential to a Government grant and shall be
entitled to a certificate of title under the provisions of this chapter. (Emphasis ours)
B. BY ADMINISTRATIVE LEGALIZATION
(FREE PATENT)
Requirements:
• Any natural-born citizen of the Philippines;
• Who is not owner of more than 12 hectares of land and who, for at
least 30 years prior to the effectivity of this amendatory Act, has
continuously occupied, cultivated, either by himself or by his
predecessors-in-interest;
• Who shall have paid the real estate tax thereon while the same has not
been occupied by any person;
NON-REGISTRABLE PROPERTIES
• Public dominion (Except Agricultural Lands)
• Forest Lands
• Watersheds
• Mangrove swamps
• Mineral Lands
• National Parks
• Military or naval reservation
• Foreshore lands and reclaimed lands
• Submerged areas
• Lakes
• Navigable Rivers
• Creeks
• Reservations for public and semi-public purposes
REGISTRATION OF PATENTS AND
ISSUANCE OF CERTIFICATE OF TITLE
• Registration of patent is the operative act to convey the land
• Once a public land is alienated, granted, or conveyed by the government, “the same
shall be brought forthwith under the operation of The property Registration decree. 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. The patent or grant shall not take effect
as a conveyance or bind the land but shall operate only as a contract between the
government and the grantee. It is the act of registration that conveys or affectsbthe
land and binds third persons.
CERTIFICATE OF TITLE ISSUED PURSUANT
TO A PATENT INDEFEASIBLE
• The torrens system aims to obciate possible conflictsof 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 owner, the system gives him conplete peace of mind that
he would be secured in his ownership as long as he has not voluntary disposed of any right
over the covered land.
CERTIFICATE OF TITLE ISSUED PURSUANT
TO A PATENT INDEFEASIBLE
• After due registration and issuance of certificate of title, the land shall be deemed
registered land and brought under the operation of the Torrens system of
registration
• They become private property which can no longer be the subject of disposition
by the director of lands undee the Public Land Act
• A public land patent when registered in the corresponding Registry of Deeds is a
veritable Torrens title and becomes as indefeasible as torrens title upon the
expitation of 1 yr from the date of the order ir issuance of the patent, hence
prescription cannot operate against the registered owner.
DATE OF ISSUANCE OF PATENT CORRESPONDS TO THE ISSUANCE OF
THE DECREE IN ORDINARY REGISTRATION CASES

• There is no specific provision in the Public Land Act or the Land Registration Act, now
Property Registration Decree, fixing the 1 yr period within which the public land patent is
open to review on the ground of actual fraud. It was held however that the date of
issuance of the patent corresponds to the date of the issuance of the decree in ordinary
registration case because the decree finally awards the land applied for registration to the
party entitled to it, and the patent issues by the director of lands equally and finally grants
awards and conveys the land applied for the applicant.
TITLE CANNOT BE DEFEATED BY ADVERSE POSSESSION NOR
SUBJECT TO COLLATERAL ATTACK
• Once the title is registered, the owner may rest secure without necessity of waiting in the
portals of the court to avoid the possibility of losing his land.
• The certificate of title cannot be defeated by adverse, notorious possession, neither can it be
defeated by prescription
• In fact, by express provision of Sec 48, PD No. 1529, a certificate of title cannot be collaterally
attacked.
PROHIBITED ALIENATIONS
• Section118. 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.
PROHIBITED ALIENATIONS
• 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 Natural Resources, which approval shall not be denied except on constitutional and legal
grounds. (as amended by CA No. 456, approved June 8, 1939)
PROHIBITED ALIENATIONS
• Section121. Except with the consent of the grantee and the approval of the Secretary of
Natural Resources, and solely for 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.( As amended by
CA No. 615, approved May 5, 1941)
PROHIBITED ALIENATIONS
• Section122. No land originally acquired in any manner under the provisions of this Act, nor
any permanent improvement on such land, shall encumbered, alienated, or transferred, except
to persons, corporations, associations, or partnerships who may acquire lands of the public
domain under this Act or to corporations organized in the Philippines authorized therefor by
their charters.
Except in cases of hereditary succession, no land or any portion thereof originally acquired
under the 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 one hundred and forty-four hectares. Any
transfer, assignment, or lease made in violation hereof, shall be null and void.
PROHIBITED ALIENATIONS
• Section124. 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, one 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.
PROHIBITED ALIENATIONS

• By express provision of Public Land Act, and conformity with the policy of law, any transfer or
alienation of a free patent or homestead within 5 years from the issuance of patent is
proscribe. Such transfer nullifies said alienation and constitute a cause for reversion of the
property to the State.
POLICY OF LAW

• The legislative policy of prohibition over the land acquired through free patent bestowed to
the homesteader by the government is so strong and consistent that the original period of five
years from the issuance of patent is extended to 25 years if no approval of the Secretary of
Environment and Natural Resources.
POLICY OF LAW

• Provision has also been inserted authorizing the repurchase of the homestead when properly
sold by the homesteader within five years from the date of the sale.
PROHIBITION STARTS FROM THE DATE OF
APPROVAL UP TO THE 5 TH YR FROM THE
ISSUANCE OF PATENT
• In Benigna v. Bugas, the court explained that the alienation of lands acquired by homestead or
free patent grants id forbidden “from the date of the approval” of application up to and
includig the fifth year “from and after the date of issuance of the patent or grant.”
• The latest rulings of the Supreme Court emphasizes that
PROHIBITION STARTS FROM THE DATE OF
APPROVAL UP TO THE 5 TH YR FROM THE
ISSUANCE OF PATENT
• The patent is considered issued once the order of its issuance is promulgated and
therefore the 5 yr period is computed from this date and not from the date of
registration with the Register of Deeds or from the date of the certificate of title
• This prohibition is mandatory, except in favor of the government or any of its
branches.
APPROVAL OF SECRETARY MERELY
DIRECTORY
• In Raffinan v Abel, it was held that the requirement of the Approval of Secretary of
Environment and Natural Resourcces in alienation, transfer or conveyance is merely directory
after five years prohibition and before the 25 year period. Its absence does not invalidate the
alienation. Such approval may be secured at any time in the future.
AGREEMENTS WHICH ARE CONSIDERED
CIRCUMVENTION OF LAW
• In a case, it was held that where the homesteader sold a two hectare portion of the
homestead to the plaintiffs on the understanding that the actual conveyance of the said
portion would be made after the lapse of 5 yr prohibitory period, the agreement is clearly void
ab initio as it is intended to circumvent or violate the law.
SALE OF ONLY A PART OF THE LAND
VIOLATES TH PROHIBITION
• Even if only part of the land has been sold or alienated within the prohibited period of five
years from the issuance of the patent, such alienation is a sufficient cause for the reversion of
the whole estate to the State.
REPURCHASE BY APPLICANT OR HIS
HEIRS
• Section 119 of Public Land Act provides every conveyance of land acquired under the free
patent or homestead provisions, when proper, shall be subjected to repurchase by the
applicant, his widow or legal heirs, within a period of five years from the date of conveyance.
PERIOD OF REPURCHASE UNDER
SECTION 119
• The five year period for 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 Registry of Deeds.
EFFECT OF VOID CONVEYANCE

• Section 124 provides that any violation of the provision of Sections 108, 120, 121, 122, 123 of
the Public Land Act shall be unlawful and the cause of reversion of its properties and
improvements to the State.
SHORT QUIZ!!!!
 1. Who has the prerogative to classify and
reclassify lands of public dominion?

Answer: Executive Branch of the Government

2. Applications for registration shall be heard in RTC. However,
Section 34 of BP Blg. 129, grants Metropolitan trial courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts the
delegated jurisdiction to hear and determine land registration
cases, provided that the value of the land does not exceed?

Answer: 100,000.00 pesos