ACT No.

2874
(As amended by Acts Nos. 3164, 3219, 3346, and 3517)

TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE

TITLE II
AGRICULTURAL PUBLIC LANDS

Chapter III.
FORMS OF CONCESSION OF AGRICULTURAL LANDS

Section 11. Public lands suitable for agricultural purposes can be disposed of only as follows, and not otherwise:
(1) For homestead settlement.
(2) By sale.
(3) By lease.
(4) By confirmation of imperfect or incomplete titles.
(a) By judicial legalization.
(b) By administrative legalization (free patent)

Chapter IV.
HOMESTEADS

Section 12. Any citizen of the Philippine Islands or of the United States, over the age of eighteen years, or the
head of a family, who does not own more than twenty-four hectares of land in said Islands or has not had the
benefit of any gratuitous allotment of more than twenty-four hectares of land since the occupation of the Philippine
Islands by the United States, may enter a homestead or 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. (As
amended by section 1 of Act No. 3517.)

Section 14. No certificate shall be given or patent issued for the land applied for until at least one-fourth 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
or at any time within the two years next following the expiration of said period, the applicant shall prove to the
satisfaction of the Director of lands by affidavits of two credible witnesses, that he has resided in the municipality
in which the land is located, or in a municipality adjacent to the same, and has cultivated at least one-fourth 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, he shall be entitled to a patent. (As amended by section 2 of Act No. 3517).

Section 15. At the option of the applicant, payment of the fees required in this chapter may be made in annual
installments. These payments may be made to the municipal treasurer of the locality, who, in turn, shall forward
them to the provincial treasurer. In case of the 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 proved to the satisfaction of the Director of Lands, after due notice to the homesteader, that the land entered is
not under the law 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 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 the 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 Natural Resources 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 for 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 shall be allowed to any person; but if a homesteader has made final
proof as provided in this chapter and is occupying and cultivating at least one-fourth of the land applied for and
the area thereof is less than twenty-four hectares, he may apply successively for additional homesteads which
must lie in the same municipality or municipal district or in an adjacent municipality or municipal district, until
the total area of said homesteads shall reach twenty-four hectares, but not more, with the understanding that he
shall with regard to the new tracts or additional homesteads comply with the same conditions as prescribed by
this Act for an original homestead entry. (As amended by Sec. 1 of Act No, 3219 and Sec. 3 of Act No. 3517).

Section 20. The cancellation of a homestead entry not due to any fault of the applicant shall not be a bar to his
applying for another homestead.

Section 21. 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 can
not 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 Secretary of Agriculture and Natural Resources, 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 to 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 once again apply for a new homestead. Every
transfer made without the previous approval of the Secretary of Agriculture and Natural Resources shall be null
and void and shall result in the cancellation of the entry and the refusal of the patent.

Section 22. Any non-Christian native 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 canceled. The permit shall be for a term of one year. If at the expiration of this
term or at any time therefor, 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 the sum of one peso shall be paid. (As amended by Sec. 2 of Act 3219 and Sec. 4 of Act 3517).
 COMMONWEALTH ACT NO. 141

THE PUBLIC LAND ACT

Chapter III. - Forms of Concession of Agricultural Lands

Sec. 11. Public lands suitable for agricultural purposes can be disposed of only as follows:

1. For homestead settlement;

Chapter IV. - Homesteads

Sec. 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.

Sec. 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, Philippines 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.

Sec. 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.

Sec. 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.

Sec. 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 anyone 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.

Sec. 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 Natural Resources, 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.
 Sec. 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.

Sec. 19. Not more than one homestead entry shall be allowed to anyone person, and no person to whom a
homestead patent has been issued by virtue of the provisions of this Act regardless of the are a 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. (As amended by Com. Act No. 456.)

Sec. 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 home-stead, 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 to 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. (As amended by Com. Act No. 456 and by Rep. Act No.
1242, approved June 10, 1955.)

Sec. 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 nonChristian 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 started 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.