Article 6p. 6

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

CHAPTER IV Homesteads

SECTION 12. Any citizen of the Philippines over the age of

eighteen years, or the head of a family, who does not

own more than twenty-four hectares of land in the

Philippines or has not had the benefit of any gratuitous

allotment of more than twenty-four hectares of land

since the occupation of the Philippines by the United

States,

may

enter

a

homestead

of

not

exceeding

twenty-four hectares of agricultural land of the public

domain.

SECTION 13. Upon the filing of an application for a

homestead, the Director of Lands, if he finds that the

application

should

be

approved,

shall

do

so

and

authorize the applicant to take possession of the land

upon the payment of five pesos, Philippine Currency, as

entry fee. Within six months from and after the date of

the approval of the application, the applicant shall begin

to work the homestead, otherwise he shall lose his prior

right to the land.

SECTION 14. No certificate shall be given or patent issued

for the land applied for until at least one-fifth of the land

has been improved and cultivated. The period within

which the land shall be cultivated shall not be less than

one nor more than five years, from and after the date of

the approval of the application. The applicant shall,

within the said period, notify the Director of Lands as

soon as he is ready to acquire the title. If at the date of

such notice, the applicant shall prove to the satisfaction

of

the

Director

of

Lands,

that

he

has

resided

continuously for at least one year in the municipality in

which the land is located, or in a municipality adjacent to

the same, and has cultivated at least one-fifth of the

land continuously since the approval of the application,

and shall make affidavit that no part of said land has

been

alienated

or

encumbered,

and

that

he

has

complied with all the requirements of this Act, then,

upon the payment of five pesos, as final fee, he shall be

entitled to a patent.

SECTION 15. At the option of the applicant, payment of

the fees required in this chapter may be made to the

municipal treasurer of the locality, who, in turn, shall

forward them to the provincial treasurer. In case of

delinquency of the applicant, the Director of Lands may,

sixty days after such delinquency has occurred, either

cancel the application or grant an extension of time not

to exceed one hundred and twenty days for the payment

of the sum due.

SECTION 16. If at any time before the expiration of the

period allowed by law for the making of final proof, it

shall be proven to the satisfaction of the Director of

Lands, after due notice to the homesteader, that the

land entered is under the law not subject to homestead

entry, or that the homesteader has actually changed his

residence, or voluntarily abandoned the land for more

than six months at any one time during the years of

residence

and

occupation

herein

required,

or

has

otherwise failed to comply with the requirements of this

Act, the Director of Lands may cancel the entry.

SECTION 17. Before final proof shall be submitted by any

person claiming to have complied with the provisions of

this chapter, due notice, as prescribed by the Secretary

of Agriculture and Commerce, shall be given to the

public of his intention to make such proof, stating

therein the name and address of the homesteader, the

description of the land, with its boundaries and area, the

names of the witnesses by whom it is expected that the

necessary facts will be established, and the time and

place at which, and the name of the officer before

whom, such proof will be made.

SECTION 18. In case the homesteader shall suffer from

mental alienation, or shall for any other reason be

incapacitated from exercising his rights personally, the

person legally representing him may offer and submit

the final proof on behalf of such incapacitated person.

SECTION 19. Not more than one homestead entry shall

be allowed to any one person, and no person to whom a

homestead patent has been issued by virtue of the

provisions of this Act regardless of the area of his original

homestead, may again acquire a homestead; Provided,

however, That any previous homesteader who has been

issued a patent for less than twenty-four hectares and

otherwise qualified to make a homestead entry, may be

allowed another homestead which, together with his

previous

homestead

shall

not

exceed

an

area

of

twenty-four hectares. (Amendments to Certain Sections

of C.A. No. 141 (Public Land Act), Commonwealth Act No.

456, [June 8, 1939])

SECTION 20.If at any time after the approval of the

application and before the patent is issued, the applicant

shall prove to the satisfaction of the Director of Lands

that he has complied with all the requirements of the

law, but cannot continue with his homestead, through

no fault of his own, and there is a bona fide purchaser for

the rights and improvements of the applicant on the

land, and that the conveyance is not made for purposes

of speculation, then the applicant, with the previous

approval of the Director of Lands may transfer his rights

to the land and improvements to any person legally

qualified to apply for a homestead, and immediately

after such transfer, the purchaser shall file a homestead

application for the land so acquired and shall succeed

the original homesteader in his rights and obligations

beginning

with

the

date

of

the

approval

of

said

application of the purchaser. Any person who has so

transferred his rights may not again apply for a new

homestead. Every transfer made without the previous

approval of the Director of Lands shall be null and void

and shall result in the cancellation of the entry and the

refusal of the patent. (Amendment to Section 20 of C.A.

No. 141 (Public Land Act) Re: Homestead Application,

Republic Act No. 1242, [June 10, 1955])

SECTION 21. Any non-Christian Filipino who has not

applied for a homestead, desiring to live upon or occupy

land on any of the reservations set aside for the so-called

"non-Christian

tribes"

may

request

a

permit

of

occupation for any tract of land of the public domain

reserved for said non-Christian tribes under this Act, the

area of which shall not exceed four 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 be cancelled. The permit shall be for a term of one

year. If at the expiration of this term or at any time prior

thereto, the holder of the permit shall apply for a

homestead

under

the

provisions

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

permit.

For each permit the sum of one peso shall be paid.

CHAPTER V Sale

SECTION 22. Any citizen of lawful age of the Philippines,

and any such citizen not of lawful age who is a head of a

family, and any corporation or association of which at

least sixty per centum of the capital stock or of any

interest in said capital stock belongs wholly to citizens of

the Philippines, and which is organized and constituted

under the laws of the Philippines, and corporate bodies

organized in the Philippines authorized under their

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