Article 16p. 16

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

concession under this Act, grounded on any reason

sufficient under this Act for the denial or cancellation of

the application or the denial of the patent or grant. If,

after the applicant or the grantee has been given

suitable opportunity to be duly heard, the objection is

found to be well founded, the Director of Lands shall

deny or cancel the application or deny patent or grant,

and the person objecting shall, if qualified, be granted a

prior right of entry for a term of sixty days from the date

of the notice.

SECTION 103. All the proofs, affidavits, and oaths of any

kind required or necessary under this Act may be made

before the justice of the peace of the municipality in

which the land lies, or before the judge or clerk of the

Court of First Instance of the province in which the land

lies, or before any justice of the peace or notary public of

the province in which the land lies, or before any officer

or employee of the Bureau of Lands authorized by law to

administer oaths.

The fees for the taking of final evidence before any of the

officials hereinbefore mentioned shall be as follows:

For each affidavit, fifty centavos.

For each deposition of the applicant or the witness, fifty

centavos.

SECTION 104. Any owner of uncultivated agricultural

land who knowingly permits application for the same to

be made to the Government and the land to be tilled

and improved by a bona fide grantee without protesting

to the Bureau of Lands within one year after cultivation

has begun, shall lose all right to the part of the land so

cultivated and improved, unless he shall bring action in

the

proper

court

before

such

action

for

recovery

prescribes and obtains favorable judgment therein, in

which case the court shall, upon its decision becoming

final,

order

the

payment

to

the

grantee, within a

reasonable period, of the indemnity fixed by said court

for the cultivation and improvement.

SECTION 105. If at any time the applicant or grantee shall

die before the issuance of the patent or the final grant of

the land, or during the life of the lease, or while the

applicant

or

grantee

still

has

obligations

pending

towards the Government, in accordance with this Act, he

shall be succeeded in his rights and obligations with

respect to the land applied for or granted or leased

under this Act by his heirs in law, who shall be entitled to

have issued to them the patent or final concession if

they

show

that

they

have

complied

with

the

requirements therefor, and who shall be subrogated in

all his rights and obligations for the purposes of this Act.

SECTION 106. If at any time after the approval of the

application and before the issuance of a patent or the

final concession of the land, or during the life of the

lease, or at any time when the applicant or grantee still

has

obligations

pending

with

the

Government,

in

accordance with this Act, it appears that the land

applied for is necessary, in the public interest, for the

protection of any source of water or for any work for the

public

benefit

that

the

Government

wishes

to

undertake, the Secretary of Agriculture and Commerce

may order the cancellation of the application or the

non-issuance

of

the

patent

or

concession

or

the

exclusion from the land applied for of such portion as

may be required, upon payment of the value of the

improvements, if any.

SECTION 107. All patents or certificates for land granted

under this Act shall be prepared in the Bureau of Lands

and shall be issued in the name of the Government of

the Republic of the Philippines under the signature of

the President of the Philippines: Provided, however, That

the President of the Philippines may delegate to the

Minister of Natural Resources and/or the Deputy Minister

the power to sign patents or certificates covering lands

not exceeding one hundred forty-four hectares in area:

Provided,

further,

That

the

Director

of

Lands

is

empowered to sign patents or certificates covering lands

not exceeding ten hectares, and District Land Officers in

every province are hereby empowered to sign patents or

certificates covering lands not exceeding six hectares in

area when the Office of the District Land Officer is

properly equipped to carry out the purposes of this Act:

Provided,

furthermore,

That

no

applicant

shall

be

permitted to split the area applied for by him in excess of

the area fixed in this Section among his relatives within

the sixth degree of consanguinity of affinity excepting

the

applicant's

married

children

who

are

actually

occupying the land: Provided, finally, That copies of said

patents shall be furnished the Bureau of Lands for record

purposes. No patent or certificate shall be issued by the

District Land Officer unless the survey of the land

covered by said patent or certificate, whether made by

the Bureau of Lands or by private surveyor, has been

approved by the Director of Lands. The Director of Lands

shall promptly act upon all surveys submitted to him for

approval and return the same to the District Land Officer

within ninety days after receipt of such surveys by his

Office. The Director of Lands shall state the reasons for

any action taken by him thereon. It shall be the duty of

the District Land Officer to act on the matter or transmit

the records of the case, with his action thereon, to

interested parties within thirty days after receipt of the

records from the Director of Lands or the Regional

Director. Any person aggrieved by the decision or action

of the District Land Officer may, within thirty days from

receipt of the copy of the said decision, appeal to the

Director of Lands. Such patents or certificates shall be

effective only for the purposes defined in Section One

hundred twenty-two of the Land Registration Act, and

actual conveyance of the land shall be effected only as

provided in said Section.

All surveys pending approval by the Director of Lands at

the time this Act takes effect shall be acted upon by him

within

ninety

days

from

the

effectivity

of

this

Act. (Amendments to C.A. No. 141 (Public Land Act),

Batas Pambansa Blg. 878, [June 9, 1985])

SECTION

108.

No

patent

shall

issue

nor

shall

any

concession or contract be finally approved unless the

land has been surveyed and an accurate plat made

thereof by the Bureau of Lands.

SECTION 109. In no case shall any land be granted under

the provisions of this Act when this affects injuriously the

use of any adjacent land or of the waters, rivers, creeks,

foreshore, roads, or roadsteads, or vest the grantee with

other valuable rights that may be detrimental to the

public interest.

SECTION 110. Patents or certificates issued under the

provisions of this Act shall not include nor convey the

title to any gold, silver, copper, iron, or other substances

containing minerals, guano, gums, precious stones, coal,

or coal oil contained in lands granted thereunder. These

shall remain to be property of the State.

SECTION 111. All persons receiving title to lands subject to

the provisions of this Act shall hold such lands subject to

the provisions hereof and to the same public servitudes

as exist upon lands owned by private persons, including

those with reference to the littoral of the sea and the

banks of navigable rivers or rivers upon which rafting

may be done.

SECTION 112. Said land shall further be subject to a

right-of-way not exceeding sixty (60) meters in width for

public highways, railroads, irrigation ditches, aqueducts,

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