Article 11p. 11

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

one person or claimant has an interest in the land, such

conflicting interests shall be adjudicated by the courts

and decree awarded in favor of the person or persons

entitled to the land according to the laws, but if none of

said persons is entitled to the land, or if the person who

might be entitled to the same lacks the qualifications

required by this Act for acquiring agricultural land of the

public domain, the decision shall be in favor of the

Government.

SECTION 55. Whenever, in any proceedings under this

chapter

to

secure

registration of an incomplete or

imperfect claim of title initiated prior to the transfer of

sovereignty from Spain to the United States, it shall

appear

that

had

such

claims

been

prosecuted

to

completion under the laws prevailing when instituted,

and

under

the

conditions

of

the

grant

then

contemplated,

the conveyance of such land to the

applicant would not have been gratuitous, but would

have involved payment therefor to the Government,

then and in that event the court shall, after decreeing in

whom title should vest, further determine the amount to

be paid as a condition for the registration of the land.

Such judgment shall be certified to the Director of Lands

by the clerk of the court for collection of the amount due

from the person entitled to conveyance.

Upon payment to the Director of Lands of the price

specified in the judgment, he shall so certify to the

proper Court of First Instance and said court shall

forthwith order the registration of the land in favor of the

competent person entitled thereto. If said person shall

fail to pay the amount of money required by the decree

within a reasonable time fixed in the same, the court

shall order the proceeding to stand dismissed and the

title to the land shall then be in the State free from any

claim of the applicant.

SECTION 56. Whenever any judgment of confirmation or

other decree of the court under this chapter shall

become final, the clerk of the court concerned shall

certify that fact to the Director of Lands, with a certified

copy of the decree of confirmation or judgment of the

court and the plan and technical description of the land

involved in the decree or judgment of the court.

SECTION 57. No title or right to, or equity in, any lands of

the

public

domain

may

hereafter

be

acquired

by

prescription or by adverse possession or occupancy, or

under or by virtue of any law in effect prior to American

occupation,

except

as

expressly

provided

by

laws

enacted after said occupation of the Philippines by the

United States.

TITLE III Lands for Residential, Commercial or

Industrial

Purposes

and

Other

Similar

Purposes

CHAPTER IX Classification and Concession of

Public

Lands

Suitable

for

Residence,

Commerce and Industry

SECTION 58. 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, and is open to disposition or

concession, shall be disposed of under the provisions of

this chapter and not otherwise.

SECTION 59. The lands disposable under this title shall

be classified as follows:

(a) Lands reclaimed by the Government by dredging,

filling, or other means;

(b) Foreshore;

(c) Marshy lands or lands covered with water bordering

upon the shores or banks of navigable lakes or rivers;

(d) Lands not included in any of the foregoing classes.

SECTION 60. 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 leased or sold shall be such as shall, in the

judgment

of

the

Secretary

of

Agriculture

and

Commerce, 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 Assembly: Provided,

further, That any person, corporation, association, or

partnership disqualified from purchasing public land for

agricultural purposes under the provisions of this Act,

may lease land included under this title suitable for

industrial or residence purposes, but the lease granted

shall only be valid while such land is used for the

purposes referred to.

SECTION 61. The lands comprised in classes (a), (b), and

(c) of section fifty-nine shall be disposed of to private

parties by lease only and not otherwise, as soon as the

President, upon recommendation by the Secretary of

Agriculture,

shall

declare

that

the

same

are

not

necessary

for

the

public

service

and

are

open

to

disposition under this chapter. The lands included in

class (d) may be disposed of by sale or lease under the

provisions of this Act.

SECTION 62. 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

Commerce, be divided by the Director of Lands into lots

and blocks, with the necessary streets and alley-ways

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.

SECTION 63. Whenever it is decided that lands covered

by this chapter are not needed for public purposes, the

Director of Lands shall ask the Secretary of Agriculture

and Commerce 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 the Government will lease or sell, as the

case

may

be,

the

lots

or

blocks

specified

in

the

advertisement, for the purpose stated in the notice and

subject to the conditions specified in this chapter.

SECTION 64. The leases executed under this chapter by

the Secretary of Agriculture and Commerce shall, among

other conditions, contain the following:

(a) The rental shall not be less than three per centum of

the appraised or reappraised value of the land plus one

per centum of the appraised or reappraised value of the

improvements,

except

for

lands

reclaimed

by

the

Government which shall not be less than four per

centum of the appraised or reappraised value of the land

plus two per centum of the appraised or reappraised

© 2018 Compiled by RGL

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