Article 18p. 18

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

encumbrances is written. Conveyances or encumbrances

made by illiterate non-Christian or literate non-Christians

where the instrument of conveyance or encumbrance is

in

a

language

not understood by the said literate

non-Christians shall not be valid unless duly approved by

the

Chairman

of

the

Commission

on

National

Integration. (Amendments to C.A. No. 141 (Public Land

Act), Republic Act No. 3872, [June 18, 1964])

SECTION 121. Except with the consent of the grantee and

the approval of the Secretary of Natural Resources, and

solely for commercial, industrial, 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.

The provisions of Section 124 of this Act to the contrary

notwithstanding, any acquisition of such land, rights

thereto

or

improvements

thereon

by a corporation

association, or partnership prior to the promulgation of

this Decree for the purposes herein stated is deemed

valid and binding; Provided, That no final decision or

reversion of such land to the State has been rendered by

a court; And Provided, further, That such acquisition is

approved by the Secretary of Natural Resources within

six (6) months from the effectivity of this Decree. (as

amended by Presidential Decree No. 763, August 6,

1975)

SECTION 122. No land originally acquired in any manner

under the provisions of this Act, nor any permanent

improvement

on

such

land,

shall

be

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.

SECTION 123. No land originally acquired in any manner

under the provisions of any previous Act, ordinance, royal

order, royal decree, or any other provision of law formerly

in force in the Philippines with regard to public lands,

terrenos baldios y realengos, or lands of any other

denomination that were actually or presumptively of the

public domain, or by royal grant or in any other form, nor

any permanent improvement on such land, shall be

encumbered, alienated, or conveyed, except to persons,

corporations or associations who may acquire land of the

public domain under this Act or to corporate bodies

organized in the Philippines whose charters authorize

them to do so: Provided, however, That this prohibition

shall not be applicable to the conveyance or acquisition

by reason of hereditary succession duly acknowledged

and legalized by competent courts; Provided, further,

That in the event of the ownership of the lands and

improvements mentioned in this section and in the last

preceding section being transferred by judicial decree to

persons,

corporations

or

associations

not

legally

capacitated to acquire the same under the provisions of

this Act, such persons, corporations, or improvements

shall be obliged to alienate said lands or improvements

to others so capacitated within the precise period of five

years;

otherwise,

such

property

shall

revert

to the

Government.

SECTION 124. 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.

SECTION 125. The provisions of sections twenty-two,

twenty-three, thirty-three, one hundred and twenty-two,

and one hundred and twenty-three of this Act, and any

other provision or provisions restricting or tending to

restrict the right of persons, corporations, or associations

to acquire, hold, lease, encumber, dispose of, or alienate

land in the Philippines, or permanent improvements

thereon, or any interest therein, shall not be applied in

cases in which the right to acquire, hold or dispose of

such

land,

permanent

improvements

thereon

or

interests therein in the Philippines is recognized by

existing treaties in favor of citizens or subjects of foreign

nations and corporations or associations organized and

constituted by the same, which right, insofar as it exists

under such treaties, shall continue and subsist in the

manner and to the extent stipulated in said treaties, and

only while these are in force, but not thereafter.

SECTION 126. All public auctions provided for in the

foregoing chapters in the disposition of public lands

shall be held, wherever possible, in the province where

the land is located, or, in the office of the Bureau of

Lands in Manila.

CHAPTER XV Transitory Provisions

SECTION 127. During the existence and continuance of

the Commonwealth, and before the Republic of the

Philippines

is

finally

established,

citizens

and

corporations of the United States shall enjoy the same

rights

granted

to

citizens

and

corporations

of

the

Philippines under this Act.

SECTION 128. During the period specified in the next

preceding section, the President of the Philippines, upon

receipt of the order of the President of the United States,

shall, by proclamation, designate such land as the latter

may set aside for military, naval or other reservations for

use of the Government of the United States.

CHAPTER XVI Penal Provisions

SECTION 129. Any person who presents or causes to be

presented, or cooperates in the presentation of, any false

application, declaration, or evidence, or makes or causes

to be made or cooperates in the making of a false

affidavit in support of any petition, claim, or objection

respecting lands of the public domain, shall be deemed

guilty of perjury and punished accordingly.

SECTION 130. Any person who voluntarily and maliciously

prevents or hinders or attempts to prevent or hinder the

presentation of any application for public land under this

Act, or who in any manner attempts to execute or

executes acts intended to dissuade or discourage, or aid

to dissuade or discourage, the acquisition of public

lands,

shall

be

deemed

guilty

of coercion and be

punished accordingly.

SECTION 131. Any person who sells forms issued and

distributed gratuitously under this Act or who, being an

officer charged with distributing them, refuses or fails,

without sufficient reason, to furnish the same, shall be

punished for each offense by a fine of not more than one

hundred pesos or by imprisonment for not more than

three months or both, in the discretion of the court.

SECTION 132. Any person, corporation, association or

partnership which, not being qualified or no longer

authorized to apply for public land under the provisions

of this Act, files or induces or knowingly permits another

person, corporation, association or partnership to file an

application in his or its behalf or for his or its interest,

benefit or advantage, shall be punished by a fine of not

© 2018 Compiled by RGL

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