Article 14p. 14

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

may order that the lands of the public domain within

such reservation be granted under the general provision

and distribution of said lands as above provided shall be

taken into consideration in the final disposition of the

same. But any non-Christian inhabitant may at any time

apply for the general benefits of this Act provided the

Secretary of Agriculture and Commerce is satisfied that

such inhabitant is qualified to take advantage of the

provisions of the same: Provided, That all grants, deeds,

patents and other instruments of conveyance of land or

purporting to convey or transfer rights of property,

privileges, or easements appertaining to or growing out

of lands, granted by sultans, datus, or other chiefs of the

so-called non-Christian tribes, without the authority of

the Spanish Government while the Philippines were

under the sovereignty of Spain, or without the consent of

the United States Government or of the Philippine

Government since the sovereignty over the Archipelago

was transferred from Spain to the United States, and all

deeds and other documents executed or issued or based

upon the deeds, patents, and documents mentioned, are

hereby declared to be illegal, void, and of no effect.

SECTION 85. Upon recommendation by the Secretary of

Agriculture

and

Commerce,

the

President

may,

by

proclamation, designate any tract or tracts of land of the

public domain for the establishment of agricultural

colonies; and although the disposition of the lands to the

colonists shall be made under the provisions of this Act,

yet, while the Government shall have the supervision

and management of said colonies, the Secretary of

Agriculture and Commerce may make the necessary

rules and regulations for the organization and internal

administration of the same.

The Secretary of Agriculture and Commerce may also,

under conditions to be established by the Assembly, turn

over a colony so reserved to any person or corporation, in

order that such person or corporation may clear, break,

and prepare for cultivation the lands of said colony and

establish the necessary irrigation system and suitable

roads and fences; but final disposition shall be made of

the land in accordance with the provisions of this Act,

subject, however, to such conditions as the National

Assembly may establish for the reimbursement of the

expense incurred in putting such lands in condition for

cultivation: Provided, That the National Assembly may

direct that such land so prepared for cultivation may be

disposed of only by sale or lease.

CHAPTER

XIII

Provisions

Common

to

Reservations

SECTION 86. A certified copy of every proclamation of

the President issued under the provisions of this title

shall be forwarded to the Director of Lands for record in

his office, and a copy of this record shall be forwarded to

the register of deeds of the province or city where the

land

lies.

Upon

receipt

of such certified copy, the

Director of Lands shall order the immediate survey of the

proposed reservation if the land has not yet been

surveyed, and as soon as the plat has been completed,

he shall proceed in accordance with the next following

section.

SECTION 87. If all the lands included in the proclamation

of the President are not registered under the Land

Registration Act, the Solicitor-General, if requested to do

so by the Secretary of Agriculture and Commerce, shall

proceed in accordance with the provision of section

fifty-three of this Act.

SECTION 88. The tract or tracts of land reserved under

the

provisions

of

section

eighty-three

shall

be

non-alienable and shall not be subject to occupation,

entry,

sale,

lease,

or

other

disposition

until

again

declared alienable under the provisions of this Act or by

proclamation of the President.

TITLE VI General Provisions

CHAPTER

XIV

Applications:

Procedure,

Concession

of

Lands,

and

Legal

Restrictions and Encumbrances

SECTION 89. All applications filed under the provisions of

this Act shall be addressed to the Director of Lands.

SECTION 90. Every application under the provisions of

this Act shall be made under oath and shall set forth:

(a) The full name of applicant, his age, place of birth,

citizenship, civil status, and post-office address. In case

the

applicant

is

a

corporation,

association

or

co-partnership, the application shall be accompanied

with a certified copy of its articles of incorporation,

association or co-partnership together with an affidavit

of its President, manager, or other responsible officer,

giving the names of the stockholders or members, their

citizenship, and the number of shares subscribed by

each.

(b) That the applicant has all the qualifications required

by this Act in the case.

(c) That he has none of the disqualifications mentioned

herein.

(d) That the application is made in good faith, for the

actual purpose of using the land for the object specified

in the application and for no other purpose, and that the

land is suitable for the purpose to which it is to be

diverted.

(e) That the application is made for the exclusive benefit

of the application and not, either directly or indirectly, for

the benefit of any other person or persons, corporation,

association, or partnership.

(f) As accurate a description of the land as may be given,

stating its nature, the province, municipality, barrio, and

sitio where it is located, and its limits and boundaries,

specifying those having reference to accidents of the

ground or permanent monuments, if any.

(g) Whether all or part of the land is occupied or

cultivated

or

improved,

and

by

whom,

giving

his

post-office address, and whether the land has been

occupied or cultivated or improved by the applicant or

his

ascendant,

the

date

when

the

possession and

cultivation

began,

and

a

description

of

the

improvements

made,

accompanying

satisfactory

evidence of the relationship of the applicant with the

ascendant, and of the death of the latter and the

descendants left by him, in case it is alleged that he

occupied and cultivated the land first; or whether there

are indications of its having been occupied, cultivated, or

improved entirely or partially, and if so, in what such

indications consist, whether he has made investigations

as to when and by whom such improvements were

made, and if so, how such investigations were made and

what was the result thereof; or whether the land is not

occupied,

improved,

or

cultivated

either entirely or

partially, and there are no indications of it having ever

been occupied, improved, or cultivated, and in this case,

what is the condition of the land.

(h) That the land applied for is neither timber nor

mineral land and does not contain guano or deposits of

salts or coal.

© 2018 Compiled by RGL

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