[ Act No. 3219, January 19, 1925 ]

AN ACT TO AMEND CERTAIN SECTIONS OF THE ACT KNOWN AS "THE PUBLIC LAND ACT," AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. Section nineteen of  Act  Numbered Twenty- eight hundred and  seventy- four is  hereby amended to read as follows:

"SEC.  19. Not more than one homestead shall be allowed to any person; but  if a homesteader has made final proof as provided in this chapter and is occupying and cultivating all the land applied for and  the area  thereof is  less than twenty-four hectares, he may apply successively for an additional  homestead  on one or more tracts of land  which must lie in the  same municipality or municipal district or in an adjacent, municipality or district, provided the total area  of said parcels does not exceed twenty- four hectares, and with the understanding  that  he shall with regard to the  new tracts or  additional  homesteads comply with the same  conditions as  prescribed by  this  Act for an original homestead entry."

SEC. 2.  Section twenty-two of the same  Act is  hereby amended to read as follows:

"SEC.  22. Any non-Christian native desiring to live upon or occupy land on any of the reservations set aside for the so-called  'non-Christian  tribes' without  applying  for  a homestead, may request a permit of  occupation for any tract  of land  of  the public domain  open to homestead entry under this Act, the area of which shall not  exceed sixteen  hectares.   It  shall be  an  essential  condition that the applicant for  the permit cultivate and  improve the land, and if such cultivation has not been begun within six months from and after the date on which the permit was received, the permit shall ipso facto be canceled.  The permit shall be  for a term of five years.  If at the expiration of this term or at any time theretofore, the holder of the permit  shall apply for  a homestead under the  pro- visions of this chapter, including the portion for which a permit was granted  to him, he shall  have the  priority, otherwise the land shall  be again open to disposition at the expiration  of the five years.

"For  each permit the sum of five pesos shall be paid, which may be done in annual installments."

SEC. 3. Section twenty-three of the same Act is hereby amended to read as follows:

"SEC.  23. Any citizen of  lawful age of the Philippine Islands or of the United States, and any such citizen not of lawful age who is  head of  a family, and  any  corporation or association of which  at  least sixty-one per centum of the capital stock or of any  interest in said capital stock   ' belongs  wholly to citizens of the Philippine Islands  or of the United States, and which is organized and  constituted under the laws of the Philippine Islands or of  the United States or of any State thereof and authorized to transact business  in the Philippine  Islands., and  corporate  bodies organized in the Philippine Islands authorized  under their charters  to do  so, may purchase any tract of public agricultural land disposable under this Act, not to  exceed one hundred  and forty-four hectares in the  case  of  an individual and one thousand and twenty-four  hectares in that of a corporation or  association, by proceeding as prescribed in this chapter: Provided, That partnerships shall  be entitled to  purchase  not to exceed one  hundred and forty- four hectares  for each member thereof, but the total area so purchased  shall in no case exceed  the  one thousand and  twenty-four hectares authorized  in this  section for associations and corporations:  Provided, further,  That citizens of countries the laws of which  grant to citizens of the Philippine Islands the  same  right to acquire public land as to their own  citizens, may, while such  laws are in   v force, but not thereafter, with  the express authorization of the Legislature, purchase any parcel of agricultural land, not in excess of one  hundred and forty-four hectares, available under this Act, upon complying with the requirements of this chapter."

SEC. 4. Section  twenty-five of the same Act is hereby amended to read as follows:'

"SEC. 25.  Lands sold under the provisions of this chapter must be  appraised in accordance with section one hundred and  fourteen  of this Act.   The Director of Lands shall announce the  sale thereof by publishing the proper notice 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 is located,  or in  a neighboring province, and the  same notice shall be posted on the bulletin board of the Bureau of Lands in  Manila, and  in the most conspicuous place in the provincial building and the municipal building  of  the province and municipality where the land is located, and, if  practicable,  on  the land itself;  but if the value of the land does  not exceed two hundred and forty pesos, the publication in the Official Gazette and newspapers may be omitted.  The notices  shall be published one in English  and the other in  Spanish or in the local dialect,  and shall  fix a  date  not earlier than sixty days after  the  date of  the notice upon which the land  will be awarded to the highest  bidder, or  public  bids will  be called for, or other action will be taken as provided in this chapter."

SEC. 5. Section  twenty-six  of the same  Act is  hereby amended to read as follows:

"SEC. 26. All  bids must be sealed  and addressed to the Director of Lands and must have inclosed therewith cash or a certified check  or post-office money order payable to the order of the  Director  of Lands, for ten per  centum of the amount of  the bid,  which amount shall be retained in case  the bid  is accepted, as  part  payment of the purchase price: Provided, That no bid shall be considered the amount  of which  is less than the appraised value of the land."

SEC. 6.  Section  twenty-seven of the same  Act  is hereby amended to read as  follows:

"SEC. 27. Upon the opening of the  bids the land shall be awarded to the highest bidder. If  there are two or more bids which are higher than other bids and are equal, and one of such higher and equal bids is the bid of the applicant, his bid shall  be accepted.  If, however, the bid of the applicant  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, if any,  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.   No bid received at such public auction  shall be  finally  accepted until the  bidder' shall have deposited  ten  per centum of his bid, as required in section twenty-six of this Act.   In case none  of the tracts of land  that  are  offered  for  sale or  the purchase' of which  has been applied for,  has  an area in  excess of twenty-four hectares, the Director of Lands  may delegate to the provincial treasurer concerned the power  of receiving bids, holding the auction, and proceeding in accordance with the  provisions  of this Act, but the provincial treasurer, in his capacity as delegate of the Secretary of Agriculture  and  Natural Resources, shall submit his  recommendations to the Director of Lands, for the final  decision of the latter in  the  case."

SEC. 7. Section  twenty-eight of the same  Act  is hereby amended to read as follows:

"SEC. 28. The purchase price shall be paid as follows: The balance of the  purchase price after  deducting the' amount paid at the time of submitting the bid, may be paid in full upon the  making  of the award, or in not more than ten annual installments from the date  of the award: Provided, That it shall be an inherent and essential condition of the sale that  the purchaser shall have not less than one third of the land  broken and cultivated  within five years after the  date of the award."

SEC. 8. Section  thirty-five  of  the  same  Act  is  hereby amended to read as follows:

"SEC. 35. The Director of Lands shall announce the lease of lands under this chapter by publishing the proper notice 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 is located, or in a neighboring province, and the same notice shall be posted on the bulletin board  of the Bureau of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the  province and municipality where the land is located, and if  practicable, on the land itself; but if the  value of the land does not exceed two hundred  and  forty pesos, the publication in the Official Gazette  and newspapers may be omitted.   The notices shall be published one in English and the other in Spanish or in the local dialect, and  shall fix a date not earlier  than sixty days  after  the date  of the notice,  upon which the land will be awarded to the highest bidder,  or public bids will be  called for, or other  action will be taken as provided in this chapter.

"All  bids  must be sealed and addressed  to the  Director of Lands and must have enclosed therewith cash or a certified check or post-office money order  payable to the order of the  Director of Lands, for a sum equivalent to the rental for the first three months of the lease: Provided,  That no bid shall be  considered in which the proposed annual rental is less than three per centum of the value of the land according to  the appraisal or reappraisal thereof  made in conformity  with  section  one hundred  and fourteen of  Act numbered Twenty-eight hundred and seventy-four.

"Upon the opening of the bids the land shall  be  awarded to the highest bidder.  If there are two or more bids which are higher than the others and equal, and one of such  higher and equal bids  is the bid of the applicant,  his bid shall be accepted.  If, however, the bid of the applicant 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, if any, 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.  No bid  received  at such public auction  shall be accepted until the bidder shall have deposited the rental for the first three months of the lease."

SEC.  9.  Section thirty-seven of the  same Act is  hereby amended to  read  as follows:

"SEC. 37.  Leases shall run for a period of not more than twenty-five years, but may be renewed for another period of not to  exceed twenty-five years, at the option of the lessee. In case the lessee shall have made important  improvements which,  in the discretion of the Secretary of  Agriculture and Natural Resources, justify a renewal of the lease, a further renewal for an additional period  not to exceed twenty-five years may be granted. It shall be an inherent and  essential condition of the lease that the lessee shall have not less than one-third of the land broken and cultivated within five years after the date  of the approval of the lease  and shall not assign, encumber, or sublet his rights without  the consent of the Secretary of Agriculture  and Natural Resources, and that the violation of this condition shall avoid the contract: Provided, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case: Provided, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Act or under the former Public Land Act, to persons, corporations, or associations  which under this  Act, are not  authorized to lease public lands, unless otherwise provided by general or special legislation by the Legislature."

SEC. 10.  Section  fifty-seven of the  same Act is hereby amended to read as follows:

"SEC. 57. Any tract of  land  comprised under  this title may be leased or Sold, as the case  may be, to any person, corporation,  or association authorized  to  purchase or lease public lands for agricultural purposes.  The  area of  the land so leased or sold shall be such as shall, in the judgment of  the  Secretary  of Agriculture  and  Natural Resources, be reasonably necessary for the purposes for which such sale or  lease is requested,  and shall in no case exceed forty-eight hectares: Provided,  however, That this limitation shall not apply to grants, donations, or transfers made to a province, municipality or branch or subdivision of the Government  for the purposes deemed  by said  entities conducive to the public  interest;  but the  land so granted, donated,  or  transferred  to a  province, municipality,  or branch  or  subdivision of  the  Government  shall  not  be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except when authorized by the Legislature: Provided, further, That any person, corporation, association or partnership disqualified from purchasing public land for agricultural purposes under the  provisions of this Act, may purchase or lease  land included under this  title suitable for industrial or residence purposes, but the title or lease granted  shall only be  valid while such land is used for the purposes referred to."

SEC. 11. Section fifty-nine of the same Act is hereby amended to read as follows:

"SEC.  59.  The lands reclaimed  by  the Government  by dredging, filling or otherwise shall be surveyed  and may, with the approval  of the Secretary of Agriculture  and Natural  Resources, be divided  by  the  Director  of Lands into lots and blocks, with the necessary streets and alleyways between them, and said Director shall  give notice  to the public, by publication in the Official Gazette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes."

SEC. 12. Section sixty of the same Act is hereby amended to read as follows:

"SEC.  60.  If,  upon  receipt of applications  for the  lease or  purchase of  any of the lands covered by this chapter, it shall be decided that the lots  or blocks so applied for are suited to the purposes for which  they are requested  and are not  needed  for public purposes, the  Director of Lands shall ask the Secretary  of Agriculture and  Natural Resources for authority to dispose of  the same.  Upon receipt of such authority, the Director of Lands shall  give notice by public advertisement in the same manner as in the case  of leases or sales of agricultural public land, that such applications have been made and that the Government will lease  or sell, as the case may be, the lots or blocks specified in the advertisement, for  the purpose contemplated in the  application and subject to the conditions specified in this chapter."

SEC. 13.  Section  sixty-two of the same Act is  hereby amended to read as follows:

"SEC. 62.  The sale of the lands comprised in class  (d) of section fifty-six  shall, among others,  comprise  the  following conditions:

"(a) The purchaser  shall make improvements of a permanent character  appropriate for the purpose for which the land  is  purchased, and  shall commence work  thereon within six months from the receipt of  the approval of the purchase;  otherwise  the  Secretary of Agriculture  and Natural Resources may, upon recommendation by the Secretary of Commerce  and  Communications,  rescind  the contract.

"(b) The purchase price shall be paid  cash down or in annual installments, not to exceed ten.

"The contract of sale may contain other conditions not inconsistent with the provisions of this Act."

SEC. 14.  Section  sixty-seven of  the  same Act is hereby amended  to  read as follows:

"SEC. 67.  Any tract  of  public land of the class  covered by this title may be sold or leased for the purpose of founding a  cemetery, church, college, school, university, or other institution  for educational, charitable or philanthropical purposes  or scientific research, the area to be such  as may actually and reasonably be necessary to carry  out  such purpose, but not to exceed ninety-six hectares in any case. The sale  or lease shall be made subject to the same conditions as required for the  sale and lease of agricultural public land, but  the Secretary of Agriculture and  Natural Resources may waive  the condition requiring cultivation. The Secretary of Agriculture and Natural Resources, if he sees fit, may order the  sale to be made without public auction, at a price to be fixed by said Secretary, or the lease to be  granted without auction, at a rental  to  be fixed by him.  In either  case it shall be a condition  that the purchaser or lessee  or their successors  or assigns  shall not sell, transfer, encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application, and that the violation of this condition shall give  rise  to  the immediate rescission of the sale  or lease, as the case may  be, and to  the  forfeiture to the Government  of all existing improvements: Provided, That it shall in  no case be sublet,  encumbered or resold under the  conditions above set forth except with the approval of  the Secretary of Agriculture and  Natural Resources."

SEC. 15.  Section  sixty-eight of  the  same Act is hereby amended to  read as follows:

"SEC. 68. Whenever it  shall be considered to be in the public interest to found a new town, the Secretary of Agriculture and Natural Resources shall direct the Director of Lands to have a survey made by his Bureau of the  exterior boundaries of the site  on which such  town is to be established, and  upon completion of the survey  he shall send the same to said Secretary,  with his recommendations."

SEC. 16. Section  eighty-one of the same Act is hereby amended to read as follows:

"SEC. 81. Upon the recommendation of the Secretary of Agriculture and  Natural Resources, the Governor-General may designate by proclamation any tract or tracts of land of the public domain as  reservations for the use of the Government  of  the Philippine  Islands  or of any of  its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it,  including reservations for highways, rights  of way for railroads,  hydraulic power sites, irrigation systems, communal pastures or leguas comunales,  public parks, public quarries, public  fishponds, and other  improvements for the public benefit."

SEC. 17. Section  one hundred and  thirteen of the same Act is  hereby amended to read as follows:

"SEC. 113. All the lands granted by virtue of  this Act except homestead  upon which final  proof has not been made and approved, shall, even though, and while the title remains  in the  Government, be  subject  to  the  ordinary taxes which shall be paid by the grantee beginning with the year next following the  one in which the application or concession has  been approved or the  contract signed, as the  case may be, on the basis of the value  fixed in such approval, concession or contract."

SEC.  18. Section  one hundred and fifteen  of the same Act is  hereby amended to read as follows:

"SEC. 115. All sums due and payable to the Government under  this Act  shall draw simple interest at the rate of four per  centum per  annum  from and  after the  date in which  the debtor shall become  delinquent.  The  Director of Lands may, however, remit such interest in the case of applicants for homesteads if  it shall appear that the delinquency is due to no  fault or neglect on their part."

SEC. 19. If, for any reason, the President of the United States  excepts from his approval or the United States Congress repeals or  declares  invalid,  any section or provision of this Act, none of the other sections or provisions thereof shall be affected thereby  and  such other sections and provisions shall continue to  govern  as if the section  or provision  so annulled, disapproved, or repealed have never been incorporated in  this Act, and  in lieu  of the  section or provision so annulled,  disapproved, or repealed,  the provisions of law on the subject  thereof in  force prior to the approval  of this Act shall  govern until  the Legislature shall otherwise provide in the premises.

SEC. 20. Upon the express or  implicit approval of this Act by the President  of the United States, as provided in the  Act of Congress approved on  August twenty-ninth, nineteen hundred and sixteen, entitled "An Act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those Islands,"  the Governor-General shall so  announce forthwith, by means  of  a  proclamation, and this Act shall take effect on the date of such proclamation.[1]

Approved, January 19,  1925.



  [1] Declared in force by Proclamation No. 5 (1925). See Appendix.