Article 7p. 7

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

charters to do so, may purchase any tract of public

agricultural land disposable under this Act, not to exceed

one hundred and forty-four hectares in the case of an

individual and one thousand and twenty-four hectares in

that of a corporation or association, by proceeding as

prescribed in this chapter: Provided, That partnerships

shall be entitled to purchase not to exceed one hundred

and forty-four hectares for each member thereof, but the

total area so purchased shall in no case exceed the one

thousand and twenty-four hectares authorized in this

section for associations and corporations.

SECTION

23. No person, corporation, association, or

partnership other than those mentioned in the last

preceding

section

may

acquire

or own agricultural

public

land

or

land of any other denomination or

classification, which is at the time or was originally, really

or

presumptively,

of

the

public

domain,

or

any

permanent improvement thereon, or any real right on

such land and improvement: Provided, however, That

persons,

corporations,

associations

or

partnerships

which,

at

the

date

upon

which

the

Philippine

Constitution took effect, held agricultural public lands or

land

of

any

other

denomination,

that

belonged

originally, really or presumptively, to the public domain,

or permanent improvements on such lands, or a real

right

upon

such

lands

and

improvements,

having

acquired the same under the laws and regulations in

force at the date of such acquisition, shall be authorized

to

continue

holding

the

same

as if such persons,

corporations, associations, or partnerships were qualified

under the last preceding section; but they shall not

encumber, convey, or alienate the same to persons,

corporations, associations, or partnerships not included

in section twenty-two of this Act, except by reason of

hereditary succession, duly legalized and acknowledged

by competent courts.

SECTION 24. Lands sold under the provisions of this

chapter must be appraised in accordance with section

one hundred and sixteen of this Act. The Director of

Lands shall announce the sale thereof by publishing the

proper notice once a week for six consecutive weeks in

the

Official

Gazette,

and

in

two

newspapers

one

published in Manila and the other published in the

municipality or in the province where the lands are

located, or in a neighboring province, and the same

notice shall be posted on the bulletin board of the

Bureau of Lands in Manila, and in the most conspicuous

place

in

the provincial building and the municipal

building of the province and municipality, respectively,

where the land is located, and, if practicable, on the land

itself; but if the value of the land does not exceed two

hundred and forty pesos, the publication in the Official

Gazette and newspapers may be omitted. The notices

shall be published one in English and the other in

Spanish or in the local dialect, and shall fix a date not

earlier than sixty days after the date of the notice upon

which the land will be awarded to the highest bidder, or

public bids will be called for, or other action will be taken

as provided in this chapter.

SECTION 25. Public agricultural lands which are not

located within ten (10) kilometers from the boundaries of

the city proper in chartered cities or within five (5)

kilometers from the municipal hall or town plaza of any

municipality may be sold to actual occupants who do

not own any parcel of land or whose total landholdings

do not exceed five hectares and who apply with the

minimum

requirements

of

Commonwealth

Act

Numbered One hundred forty-one, as amended, and

who have resided on the land applied for at least two

years prior to the date of the application.

All bids must be sealed and addressed to the Director of

Lands

and

must

have

inclosed

therewith

cash

or

certified check, treasury warrant, or post-office money

order payable to the order of the Director of Lands, for

ten per centum of the amount of the bid, which amount

shall be retained in case the bid is accepted as part

payment of the purchase price: Provided, That no bid

shall be considered the amount of which is less than the

appraised value of the land.

In

addition

to

existing

publication

requirements in

Section twenty-four of Commonwealth Act Numbered

One

hundred

forty-one,

as

amended,

notices

of

applications shall be posted for a period of not less than

thirty days in at least three conspicuous places in the

municipality where the parcel of land is located, one of

which shall be at the municipal building, and other, in

the barrio council building of the barrio where the land is

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

Republic Act No. 6516, [July 22, 1972])

SECTION 26. Upon the opening of the bids, the land shall

be awarded to the highest bidder. If there are two or

more equal bids which are higher than the others, and

one of such equal bids is that of the applicant, his bid

shall be accepted. If, however, the bid of the applicant is

not one of such equal and higher bids, the Director of

Lands shall at once submit the land for public bidding,

and to the person making the highest bid on such public

auction the land shall be awarded. In any case, the

applicant shall always have the option of raising his bid

to equal that of the highest bidder, and in this case the

land shall be awarded to him. No bid received at such

public auction shall be finally accepted until the bidder

shall have deposited ten per centum of his bid, as

required in Section twenty-five of this Act. In case none

of the tracts of land that are offered for sale or the

purchase of which has been applied for, has an area in

excess of twenty-four hectares, the Director of lands may

delegate to the district land officer concerned the power

of receiving bids, holding the auction, and proceeding in

accordance with the provisions of this Act, but the

district land officer shall submit his recommendation to

the Director of Lands, for the final decision of the latter

in the case.

The district land officer shall accept and process any

application

for

the

purchase

of

public

lands

not

exceeding five hectares subject to the approval of the

Director of Lands within sixty days after receipt of the

recommendation

of

said

district

land

officer.

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

Act No. 6516, [July 22, 1972])

SECTION 27. The purchase price shall be paid as follows:

The balance of the purchase price after deducting the

amount paid at the time of submitting the bid, may be

paid in full upon the making of the award, or in not more

than ten equal annual installments from the date of the

award.

SECTION 28. The purchaser shall have not less than

one-fifth of the land broken and cultivated within five

years after the date of the award; and before any patent

is issued, the purchaser must show actual occupancy,

cultivation, and improvement of at least one-fifth of the

land applied for until the date on which final payment is

made:

Provided,

however,

That

in

case

the

land

purchased is to be devoted to pasture, it shall be

sufficient

compliance

with

this

condition

if

the

purchaser shall graze on the land as many heads of his

cattle as will occupy at least one-half of the entire area at

the rate of one head per hectare.

SECTION 29. After title has been granted, the purchaser

may

not,

within

a

period

of

ten years from such

cultivation or grant, convey or encumber or dispose said

lands or rights thereon to any person, corporation or

association, without prejudice to any right or interest of

the Government in the land: Provided, That any sale and

encumbrance made in violation of the provisions of this

section, shall be null and void and shall produce the

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