Natural Resources
renewable for not more than 25 years, and not to exceed
Refer to material objects of economic value and
utility to man produced by nature
Constitutes the patrimony of the nation
Sec. 2, Art. 12 of the 1987 Constitution
All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
enerfy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With
the exception of agricultural lands, all natural resources
shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full
control of the state. The state may enter into co-production,
joint venture or production sharing agreements with Filipino
citizens, or corporations or associations at least 60
percentum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding 25 years,
renewable for not more than 25 years, and such terms and
conditions as may be provided by law. in cases of water
rights for irrigation, water supply, fisheries, or industrial
uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
The state shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative
fish farming, with priority subsistence fishermen and
fishworkers in rivers, lakes, bays and lagoons.
The President may enter into agreements with foreign-
owned corporations involving either technical or financial
assistance for large scale exploration, development and
utilization of minerals, petroleum and other mineral oils
according to the general terms and conditions provided by
law, based on real contributions to the economic growth
and general welfare of the country. In such agreements, the
State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within 30
days from its execution.
Lands of the public domain; how classified
Sec. 3, Art. 12 of the 1987 Constitution
Lands of the public domain are classified into agricultural,
forest or timber, mineral lands, and national parks.
Agricultural lands of the public domain may be further
classified according to the uses to which they may be
devoted. Alienable lands of the public domain shall be
limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public
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domain except by lease, for a period not exceeding 25 years,
1,000 hectares in area. Citizens of the Philippines may lease
not more than 500 hectares, or acquire not more than 12
hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation,
ecology and development, and subject to the requirements
of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be
acquired, developed, held or leased and the conditions
thereof.
Note:
Agricultural lands of the public domain may be
further classified according to their use:
o Agricultural
o Residential, commercial, industrial, or for
similar productive purposes
o Educational, charitable, or other similar
purposes
o Reservations for town sites and for public
and quasi-public uses
The President is empowered to make the
classifications and transfer lands from one class to
another.
Alienable public land held openly, continuously and
exclusively for the prescribed period is converted to
private property by mere lapse or completion of said
period ipso jure.
But if it is a forest/timber land, or forest reserve, it is
not capable of private appropriation, and possession
thereof, however long, cannot convert them into
private property.
Mineral, timber or forest lands are not subject to
private ownership unless they are first classified as
agricultural lands and so released for alienation
Classification of public lands is an exclusive
prerogative of the Exec Dept of the Govt and not of
the courts.
Public agricultural lands
Is neither timber nor mineral lands, and is
susceptible to cultivation for agricultural purposes.
Any parcel of land or building lot whenever
susceptible to cultivation and may be converted into
a field and planted with vegetation, or where such
land is not mining nor forest in its nature.
Public forests
A large tract of land covered with a natural growth
of trees and underbrush; a large wood
A certain territory of wooden ground and fruitful
pastures, privileged for wild beasts and fowls.
Note:
 Any patent or title issued by the Director of Lands to
private parties is void ab initio for lack of jurisdiction
Granting that Torrens title can no longer be
reopened under the LRA, still the land covered
thereby may be reconveyed to the State in an action
for reconveyance.
Mineral lands
Necessary to show that it is more valuable for
mining purposes than for anything else
Mining operation on such land must be profitable
enough, such that where the costs to develop and
extract the minerals therefrom would be more than
the proceeds that could be realized upon the
disposition of the minerals produced
Lands containing deposits of valuable, useful or
precious minerals in such quantities as to justify
expenditures in the effort to extract them, and
which are more valuable for the minerals they
contain than for agricultural or other uses.
Presumption as to Nature of particular lands
Land may be classified as forest or mineral today,
and after the exhaustion of the timber or minerals
contained therein may be classified as agricultural
land tomorrow.
In case of doubt and considering that it is a matter of
public knowledge that a majority of the lands in the
Phils are agricultural lands, it was rightly held that in
the absence of evidence to the contrary any land
may be presumed to be agricultural.
One reason given for this presumption is that it is
good for the country to have the large public domain
come under private ownership.
Another reason is that since it is a matter of public
knowledge that a majority of the lands in the Phils
are agricultural lands, it follows that the courts have
a right to presume, in lieu of contrary proof, that
lands are agricultural in nature.
Meaning of Full Control
Alienable lands can still be leased, but inalienable
lands can only be developed and utilized directly by
the state in conjunction with qualified individuals or
corporations by way of co-production, joint venture
or production sharing.
Public Lands
Chapter 1. Alienable and Disposable Lands in General
Meaning of Public Lands
Lands of the public domain as are subject to
alienation and disposal by the state in accordance
with the PLA.
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Officers charged with the Administration of Public Lands
The chief executive charged to carry out the
provisions of the PLA is the Sec. of Natural Resources
Under his supervision thru whom he may act is the
Dir. of Lands who is especially charged with the
direct exec control over:
o Surveys
o Classification
o Leases
o Sales
o And other forms of concession or
disposition and management of public lands
The decisions of the Dir of Lands as to questions of
facts are conclusive when approved by the Sec.
The Dir of Lands is, by law, a quasi-judicial officer
Reversion of land acquired through fraud
The doctrine of indefeasibility of Torrens tilte does
not bar the filing of an action for cancellation of title
and reversion of land even if more than 1 year as
elapsed from the issuance of the free patent in case
of fraud in obtaining it
Public policy demands that one who obtains title to
a public land through fraud should not be allowed to
benefit therefrom
Classification of Alienable ad Disposable Lands
Agricultural (farmland)
Residential, commercial, industrial or for similar
productive purposes
Educational, charitable or other similar purposes
Reservations for town sites and for public and quasi-
public uses
Prerequisites of disposition
Before any public land may be alienated or disposed
of, it is indispensable that there be a formal
declaration by the Pres upon recommendation of
the Sec. of Environment and Natural Resources, to
the effect that such lands are open to disposition or
concession, and whenever practicable the lands
should have been previously surveyed.
Lands which have been reserved for public or quasi-
public uses, as well as those appropriated by the
govt or in any manner have become private property
or subject to private right, cannot be included
among those to be declared open to disposition or
concession
Alienation, disposition or concession any of the
methods authorized by the said law for the
acquisition, leases, use or benefit of the lands of the
public domain other than timber or mineral land.
Modes of disposition
Public lands suitable for agricultural purposes can be
disposed of only as follows:
o For homestead settlement
o By sale
o By lease
o By confirmation of imperfect or incomplete
title
By judicial legalization
By administrative legalization (free
patent)
Application for grant of public land
All applications for public land grants or concessions
are to be addressed to the Dir. Of Lands, made
under oath, and must set forth:
o The full name of the applicant, his age,
palce of birth, citizenship, civil status, and
post-office address. If applicant is a
corporation, association or co-partnership,
it I necessary to accompany it with its
articles of incorporation, association or co-
partnership, together with an affidavit
giving the names of stockholders or
Appeals from decisions of Dir. Of Lands
members, their citizenship, and the amount
of shares subscribed by each
o That the applicant has all the legal
qualifications and none of the
disqualifications
o That the application is made for the actual
purpose of using the land accdg to the
object specified therein and for no other
purpose, and that the land is suitable for
the purpose contemplated
o That the application is made for the
exclusive use of the applicant
o An accurate description of the land and its
location
o Whether the land is occupied, cultivated or
improved, and, if so, by whom and since
when
o That the land applied for is not timber nor
mineral land and does not contain guano or
deposits of salt or coal
o That the applicant agrees that a strip of 40
meters wide from the bank on each side of
any river or stream that may be found on
the land applied for be demarcated and
preserved as permanent timberland to be
planted exclusively to trees of known
economic value, and that applicant shall not
make any clearing thereon or utilize the
same for ordinary farming purposes.
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Applicant required to work on land by himself
It is an essential condition in every application for, or
grant of, agricultural lands of the public domain that
the applicant or his transferee must enter and work
upon, improve and cultivate the land by himself
within the periods prescribed for the various modes
of concession under the PLA
The employment or use of share tenants in
whatever form for purposes of complying with the
requirements of the law regarding entry,
occupation, improvement and cultivation, is
prohibited, and any violation thereof shall constitute
a ground for the denial of the application,
cancellation of the grant and forfeiture of
improvements on the land in favor of the govt.
The lands thus forfeited may be disposed of to other
qualified persons who will till such lands themselves
Agricultural lands originally tilled under the
provisions of the PLA may be sold to individuals not
otherwise disqualified, provided that it be an
essential condition in such sale that the vendee shall
cultivate the land himself and shall not employ or
use share tenants for the purpose.
The decision of the Dir. Of Lands may be annulled or
reviewed only in a direct proceeding and not
collaterally
The aggrieved party may, within a prescribed period
from date of receipt of a copy of the decision of the
Dir of Lands, avail himself of two alternatives:
1. To file a motion for reconsideration based
upon any of the grounds for new trial such
as provided in the Rules of Court as may be
applicable
2. To appeal the decision of the Dir. Of Lands
to the Sec. of Natural Resources
Grounds for review:
1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
The decision of the Dir. Of Lands becomes final after
said period unless a motion for reconsideration is
filed or unless an appeal to the Sec is taken.
As to the decision of the Sec. this becomes final after
30 days from the date of service thereof to the party
in interest, in questions of facts
A decision rendered by the Dir. Of Lands and
affirmed by the Sec is conclusive and not subject to
review by the courts
The decision of the Sec may be appealed further to
the Pres of the Phils, if the aggrieved party so desires
 Appellant is bound to wait for the final action of the
Pres before he may be deemed to have exhausted
his administrative remedies
At that stage, the aggrieved party cannot simply
withdraw his appeal to the Pres and thereafter file
action in court. That course was held to be
premature.
Note:
It is thus a prerequisite that before a decision of the
Dir. Of Lands as affirmed by the Sec may be brought
to the courts for review, administrative remedies
must first be exhausted
Where administrative remedies have not been
exhausted, it only implies that there is an absence of
a cause of action, and does not affect the jurisdiction
of the court either over the parties if they have been
properly summoned, or over the subject-matter of
the case.
Questions of fact and law only shall be entertained
by the court
Time within which to appeal administrative decision to
court
GR: The recourse to the court may be availed of
within a reasonable time
An appeal from a decision of the Sec to the Pres,
however, is not a condition sine qua non for the
exhaustion of administrative remedies before
resorting to judicial review
Procedure to obtain homestead patent
Chapter 2. Homestead
Concept of Homestead
Homestead the home, the house and the adjoining
land where the head of the family dwells; the home
farm; the fixed residence of the head of a family,
with the land and the bldgs surrounding the main
house
Under the modern homestead laws it is an artificial
estate in land, devised to protect the possession and
enjoyment of the owner against the claims of his
creditors, by withdrawing the property from
execution and forced sale, so long as the occupied as
a home.
Purpose of the law: To give the homesteader a place
to live in with his family so that he may become a
happy citizen and a useful member of our society.
The homestead land is also exempt from the
coverage of the Agricultural Land Reform Law
The homestead act is a social legislation enacted for
the welfare and protection of the poor.
Qualification and area obtainable
1. Filipino citizen
2. Over the age of 18 years
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3. Head of the family
4. Must not own more than twenty four hectares land
in the Phils
5. Nor has the benefit of any gratuitous allotment of
more than twenty four hectares of land since the
occupation of the Phils by the US
With respect to a corp or assoc already holding or
controlling agricultural public land, its members or
stockholders as well as its officers, reps, attys,
agents, employees or bondholders, may if qualified
apply for homestead or free patent, but not for any
of the other modes of acquiring agricultural public
lands
In case of a married woman, she is not allowed to
apply or make a homestead entry.
XPN:
o When she is leaving separately from her
husband and is not dependent upon him for
her support
o When her husband is insane or physically
incapacitated to work
o When her husband is in prison, serving a
term of such duration as would prevent him
from complying with the requirements of
the law regarding residence on the land
1. A person who is legally qualified may file his
application for a homested with the Bureau of
Lands. If found in order. The application shall be
approved by the Dir and the applicant is authorized
to enter the land upon payment of an entry fee of 5
pesos. In practice it is required that this fee
accompanies the application, although by law it may
be paid w/in 60 or upto 120 days if extended, before
the application may be cancelled for delinquency
2. W/in 6 months after the approval of the application,
the applicant or homesteader shall start to improve
and cultivate the land; and w/in a period of not less
than 1 year or more than 5 years from the date of
the approval of the application, the homesteader
must have cultivated at least 1/5 of the land,
otherwise his right to the homestead shall be lost. In
this connection, PD 152 prohibits the employment
or use of share tenants in complying with the
requirements of the law regarding entry,
occupation, improvement and cultivation of public
lands, thereby doing away with absentee
homesteaders.
3. The applicant must have continuous residence in the
same municipality where the homestead is located,
or in an adjacent municipality, for at least 1 year.
 4. After complying with the above requirements
regarding cultivation and residence, the
homesteader, or hos legal representative if he
happens to be under legal disability, shall notify the
Dir. Of Lands that he is ready to present final proof
of his compliance with the legal requirements to be
entitled to the issuance of a homestead patent.
5. Before the hearing for the presentation of the final
proof, due notice shall be given to the homesteader
and to the public in the manner prescribed by the
Sec stating, among other things, 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.
6. If the Dir. Of Lands finds that the applicant has
complied with the cultivation and residence
requirements and that the land in question is under
the law subject to homestead entry, and the
homesteader has not actually changed his residence
or voluntarily abandoned the land for more than 6
months at any one time during the years of
residence and occupation required, or has otherwise
not failed to comply with the other requirements of
the PLA, a homestead patent may be granted the
applicant upon payment of P5 as final fee.
Right of Possession by Homestead Applicant
The approval of a homestead application gives the
applicant authority to take possession of the land
and priority of right to acquire title upon his
compliance with the requirements of the law.
This authority, however, does not confer a right to
possess which is indefeasible and sufficient in itself
to exclude other possible claimants, or as depriving
the Dir. Of Lands of his control over the disposition
of such land and his power to hear and adjudicated
the conflicting claims.
A public land applicant who is in possession of the
land applied for has the right to maintain an action
for forcible entry against one who intrudes into his
possession.
Payment of Real Estate Taxes by Applicant
GR: The payment of real estate taxes is incumbent
upon the owner
XPN: In the case of homesteads as well as other
grants under the PLA, the applicant who is not yet
the owner is required to pay such taxes on the land
applied for beginning January 1 of the year ff that in
which the application has been filed, w/o need of
waiting even for the approval of his application
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When right to homestead becomes vested in applicant
Where a homesteader has already complied with all
the terms and conditions which entitled him to a
patent for a particular tract of public land, he
acquires a vested interest therein, and is to be
regarded as the equitable owner thereof.
Such right once vested is equivalent to a patent
actually issued inasmuch as the execution and
delivery of the patent have become the ministerial
acts of the officer charged with that duty
Reckoning point date of compliance with all the
requirements not the issuance of patent.
Tax declaration + actual possession = full ownership
When homestead considered conjugal property or
otherwise
Not the time of the issuance of the homestead
patent but the time of the fulfillment of the
requirement of the PLA for the acquisition of such
right to the patent
If the final proof was completed and the final fee
paid during marriage, homestead is unquestionably
conjugal but if these are accomplished after the
dissolution of the marriage by the death of the wife,
then the homestead becomes pvt property of the
husband.
The surviving spouse acquires the absolute title
thereto as his/her separate property, free from any
community interest.
During the subsistence of the applicants first
marriage, and the time of the second marriage, the
land must be regarded as acquired during, and the
belonging to the conjugal partnership of the first
marriage.
An applicant may be said to have acquired a vested
right over a homestead only by the presentation of
the final proof and its approval by the Director of
Lands.
The decisive factor in determining whether a parcel
of land acquired by way of homestead is conjugal
property of the first or second marriage
The time of the fulfillment of the requirements of
the Public Land Law for the acquisition of such right
to the patent.
Who succeeds applicant in case of his death.
Widow shall entitled to have a patent for the land
applied for issued to her upon showing that she has
consummated the requirements of law for
homesteading the land
The only in case the deceased applicant leaves no
widow shall his interest in the land descend and the
patent issue to his legal heirs
One person entitled to only one homestead; exceptions.
Where a person was issued a homestead patent for
less than 24 hectares, he could be allowed to apply
again for another homestead, provided the area
thereof, added to his previous homestead, did not
exceed a total of 24 hectares.
Transfer of rights of applicant when allowable.
At any time after the approval of the homestead
application and before the issuance of the patent,
the applicant may be allowed to transfer his rights to
the land including the improvements thereon under
certain conditions:
a. The applicant had complied with all the
requirements of the law so far;
b. That he cannot continue with his
homestead thru fault of his own;
c. The transfer is made to a bona fide
purchaser who himself is legally qualified to
apply for a homestead;
d. The proposed transfer is not for speculative
purposes;
e. It shall be subject to the approval of the
Director of Lands, w/out w/c approval it
shall be null and void and the homestead
entry subject to cancellation.
Transfer was made before, and not after, the
approval of the homestead application, such transfer
as made by the landholder to another is valid as b/w
parties
Patented land not subject to further adjudication
A prvt property, having been brought under the
operation of the Torrens system, cannot be acquired
by prescription or adverse possession.
A homestead patent issued and registered becomes
irrevocable and enjoys the same privileges as
Torrens titles issued under the LRA
Actual fraud may still be annulled and cancelled
provided appropriate action is taken w/in 1 yr from
and after the date of issuance of the patent
Revision of land to state subject to action
The power of the government to annul the patent
and the title to the homestead may only be
exercised w/in 1 yr
After that period the remedy may still be open is for
reversion of the land to the State
Prescriptive period of attacking the validity of the
title is 1 yr
Action for reversion is available w/in 5 yrs from the
time the right to such action shall have accrued
1 yr period w/in w/c to seek review of the
homestead award runs from the promulgation of
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the order of the Director of Lands for the issuance of
the patent, not from its actual issuance
Homestead patent cannot cover prvt land
Homestead patent w/c purports to convey lad to
w/c the govt did not have any title at the time of its
issuance does not vest any title at all in the patentee
as against the true owner
A homestead patent once registered under the LRA
cannot be the subject-matter of a subsequent
cadastral proceeding
Restrictions on subsequent alienation and encumbrance
No alienation, transfer, or conveyance of nay
homestead after 5 yrs and before 25 yrs after
issuance of title shall be valid w/out the approval of
the Sec of Agri and Nat Res, w/c the approval shall
not be denied except on constitutional and legal
grounds.
Sales w/in 5 yrs void
The act is deemed sufficient cause for the reversion
of the whole grant to the State
The purchaser may recover the price w/c he has
paid, and where the homesteader vendor died the
recovery may be pursued as a claim filed against his
estate in the corresponding proceeding
Vendee introduced improvements in the land, he
forfeits them w/out any right to reimbursement in
accordance w/ Art 449 of the NCC.
Liability to debt or obligation
Homestead cannot be held liable for the satisfaction
of nay debt or obligation contracted prior to the
expiration of 5 yrs from the date of the issuance of
the patent
Purchase or lease by prvt individual subject to limitation
A qualified individual landowner may acquire by
purchase or lease any land orig acquired as
homestead but subject to the limitation that area
added to his landholdings should not exceed a total
of 144 hectares
Right of redemption
Every conveyance of land acquired under free patent
or homestead provisions of the PLA, shall be subject
to repurchase by the applicant, his widow or legal
heirs, w/in 5 yrs from the date of reconveyance
Period is counted from the date of sale
NOTE: Note the difference b/w right of repurchase and
equitable redemption
Purchase in a foreclosure sale has only an inchoate right Excess landholdings temporarily allowed for recovery of
under Act 3135 mortgage loan

Extrajudicial foreclosure: 5 yrs + 1 yr = 6 yrs If there is excess, the same shall be disposed w/in 5
Judicial equitable redemption yrs
o Period before foreclosure is registered in In case of failure to do so, there shall be paid on the
ROD land in excess for the 1st yr a surtax of 50%
Homestead: additional to the ordinary real estate tax
o Extra: 5 yrs + 1 yr = 6 yrs For each succeeding yr 50% shall be added to the
o Judicial: 5 yrs last preceeding annual tax rate, until the excess
Rural Bank Act: 5 yrs + 2 yrs = 7 yrs landholdings shall have been disposed of

How much to pay for redemption Pre-existing rights respected

The price of sale + necessary and useful expenses
made on the thing sold
Necessary expenses = incurred for the preservation
of the thing
Useful expenses = covers those w/c increase the
value or augment of the income of the property
Right of redemption when not applicable to conveyance
w/in family circle
Rights over public agricultural lands are to respected
as vested rights
Such persons who do not meet the qualifications
now prescribed, are authorized to continue hold the
land as if they were qualified, but they are forbidden
to encumber, convey or alienate the same, except to
those legally qualified
In subsequent acquisition of hereditary succession
no qualification is prescribed by law or Consti

If not for the purpose of preserving the land w/in the Procedure for the sale of PLA
family circle but to dispose of it once again for
greater profit, it would violate of the policy and spirit 1. Filling of applications filed with the Director of
of law Lands
Law discourages patentees from taking advantage of 2. Appraisal Land to be sold shall be appraised by the
the salutary policy Director of Lands with the approval of the Secretary
For profit, repurchase should be disallowed of Environment and Natural Resources
3. Publication of notice of sale once a week for 3
consecutive weeks in the Official Gazette and in two
newspapers one in Manila and the other in the
Chapter 3. Sale of Public Agricultural Lands municipality or province where the land is located or
in the neighboring province
4. Submission of bids Sealed and addressed to the
Who are qualified to purchase PAL Director of Lands, inclosing cash or certified check,
treasury warrant or post office money order for an
1. Only Filipino citizens
amount equivalent to 10% of the bid, payable to the
2. Legal age or head of family
same. Any bid of less appraisal value of land shall
3. If corporation or association, 60% of the capital
not be considered
which belonged to Filipinos
5. Opening of bids and awards Awarded to the
Maximum area that may be acquired highest bidder. Director of Lands shall at once call
for oral public bidding.
Up to 12 hectares 6. Payment of price Amount submitted in the bid is
Prvt corp or assoc as well as partnership as an entity applied to the price, balance be paid full or in ten
may no longer be considered qualified to purchase installments. In overdue installments, same subject
or otherwise to compete in that respect w/ prvt to interest at 4% per annum from date of
individuals delinquency
Agri lands not located w/in 10 km from the
boundaries of the city proper in chartered cities or Procedure to obtain public agricultural land
w/in 5 km in municipalities, same be sold to actual
1. By homestead settlement
occupants:
2. Lease
o who do not own any parcel of land or
3. Sale
o whose actual total landholdings do not
4. Confirmation of imperfect and incomplete title
exceed 5 hectares and
a. Judicial legalization
o resided in the land applied for at least 2 yrs
b. Administrative legalization
prior to the date of application

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NOTE: A holder of a land acquired under free patent is more govt produced the effect of annulling the sales
favorably situated than that of an owner of registered application as if non had been filed
property The Bureau of Lands could consider and approve
subsequent applications for the acquisition of the
Instances where oral bidding allowed property filed by other persons with the necessary
applications
1. Where 2 or more such sealed bids turn out to be
equal and the highest, and that of the applicant is Joint venture in purchase of public land
not one of them
2. Where the public agricultural land to be sold has Joint venture/ partnership
been declared by the Sec to be vacant and no 1. Where one person contributes his capital,
applicant is recognized to have preferential rights consisting of his duly approved sales
thereto appliction and recognized right of
possession over a parcel of public land
Prerequisite to issuance of patent which he has begun cultivating and over
which he has already spent time and effort,
The purchaser must show that he has occupied and 2. Another contributes his labor and money to
has broken and cultivated at least 1/5 of the land finalize the cultivation of the same land,
w/in 5 years after the date of the award 3. With the understanding that both shall
Where the land purchased is to be devoted to divide the land in the proportion agreed
pasture, that he has grazed on the land his own upon by them
cattle numbering at the rate of one head for every 4. Each partner is bound as a trustee to be
two hectares of the entire area ever loyal to his partner
If the purchaser has failed to comply with the
requirements, or has voluntarily abandoned the land Legal limitations and restrictions
for more than 1 year at any one time, the land shall
revert to the state and all prior payments on account 1. No sale patent shall be issued unless the land
of the purchase price and all improvements existing purchased has been surveyed and an accurate plat
on the land shall be forfeited made thereof by the BOL
2. Does not include mineral deposits contained in the
Conveyance of land before issuance of sales patent land
3. Subject to the same public servitudes
An applicant is allowed after cultivation of the land 4. Subject to a ROW not exceeding 60 meters in width
has been begun to convey or encumber his rights to for public highways etc
any person, Provided: 5. Where a corp, assoc or partnership may acquire or
o Such conveyance or encumbrance does not have any rigor interest to any such land purchased
affect any right or interest of the govt on under the PLA, it is required that:
the land; and a. Consent of the grantee
o The transferor is not delinquent in the b. Approval of the Sec
payment of any installment due and c. Solely for commercial, industrial,
payable educational, religious or charitable
o Previous approval of the Sec is required purposes or for a ROW
Such approval becomes unnecessary after the 6. Area shall not exceed 12 hectares
purchaser had complied with all the requirements of 7. Can not be conveyed, encumber or dispose w/in 10
the law, even if the patent has not been actually years
issued, for in that case the rights of the purchaser 8. Subject to the provisions of the PLL, especially with
are already deemed vested, the issuance of the regards to the:
patent being a mere ceremony a. Legal reservations
The execution and delivery of the patent after the b. Encumbrances
right to it has become complete, are the mere c. Limitations
ministerial acts of the officers charged with the duty d. Restrictions imposed by PLL
Fortiori a contract to convey land made before the
issuance of a patent but after final proof has been Additional purchases allowed
made and the land paid is not illegal
Conditions:
Effect of sale of land pending application 1. Addtl land shall be adjacent to or not
distant from the land originally purchased
The sale of the property covered pending application 2. Total area must not exceed 12 hectares
for a sales patent w/o the required approval of the 3. Previous purchase must have been fully
paid
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 4. At least 1/5 of the land previously
purchased must have been cultivated
5. Addtl purchases shall be subject to the
same conditions prescribed for the 1st
purchase
Land becomes of private ownership only after issuance and
registration of sales patent
The approval of a sales application merely authorizes
the applicant to take possession of the land so that
he could comply with the requirements
The govt still remains the owner, and application
may still be cancelled and the land awarded to
another applicant, if legal requirements are not
complied with
What divests the govt of title to the land is the
issuance of the sales patent and its subsequent
registration in the office of the ROD
It is the registration and issuance of the cert of title
of a public land patent that segregates the land from
the mass of public domain and converts it into
private property
The annulment of a title is a judicial process
Appeal to president merely permissive; when court may act
w/o need of exhaustion of administrative remedies
It is permissive, not obligatory
Permissive - Without doubt he can revoke the
decision of any subordinate official under him in the
exec dept
Not obligatory Pres is not required to pass upon all
such decisions by his subordinates
The Sec is an alter-ego of the Pres
o Assumption is that the action of the Sec
bears the implied sanction of the Pres
unless the same is disapproved by the latter
Officers charged to sign patents
Pres may delegate to the Sec the power to sign
patents
For lands not exceeding 5 hectares, the district land
officers are empowered to sign the patents
Chapter 4. Lease of Public Agricultural Lands
Who are qualified to lease agricultural lands
1. Any Filipino citizen of lawful age
2. Any crop or assoc of which at least 60% of the
capital stock or of any interest in said capital stock
belongs wholly to Filipinos, and which is organized
and constituted under the laws of the Phils
Disqualifications and limitations
GR: Any member, stockholder, officer,
representative, attorney, agent, employee or
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bondholder of any corp or assoc already holding or
controlling agricultural public land is disqualified to
apply for lease to such land
XPN: Where it may be allowed, such lease may be
granted only if it is reasonably necessary to carry on
his business in case of an individual, or the business
for which it was lawfully created and which it may
lawfully pursue in the Phils in case of a corp or assoc
With respect to the area: The limitation is:
o For corp or assoc - up to 1,000 hectares
o For individuals 500 hectares
Pasture lands belong to forestall lands
Procedure for the lease of public agricultural lands
Same as that followed for sale of such lands
No bid shall be considered in which the proposed
anneal rental is less than 3% of the appraised value
of the land nor where the bidder has not deposited
the rental for at least the 1st 3 months of the lease
Where the land object of the proposed lease is to be
devoted to grazing, the min annual rental is only 2%
of its approved value
Period of lease
May run for a period of 25 years, renewable for
another 25 years
The extension or renewal thereof is not a matter of
right on the part if the lessee
It is discretionary on the part of the Sec
It is incumbent upon the lessee to justify the
necessity of such an extension or renewal by
showing that he has introduced important
improvements on the leased land
Upon the final termination of the lease, all bldgs and
other permanent improvements become the
property of the govt
Cultivation requirement
Essential condition of the lease: The lessee shall
have broken and cultivated at least 1/3 of the land
w/in 5 years
Restrictions upon lease
Lessee can not subsequently assign, encumber or
sublet his rights over public agricultural land w/o the
approval of the Sec
Lessee can not remove or dispose of any valuable
timber on the leased land, except as may be
permitted by existing forest regulations
He can not also remove or dispose of stone, oil, coal,
salts or other minerals, inc medicinal mineral waters
Lessee is further subject to the same conditions and
restrictions imposed on lands acquired under sales
patents with respect to taxes, servitudes,
easements, mines, water rights etc.
Lease of addtl area
Lessee may apply for lease of addtl area adjacent to
or near the land originally leased, provided that:
o Addtl area added to the original one held
does not exceed the max allowed
o Lessee shall have paid the rentals for at
least the first 2 years on the orig lease
o At least 1/3 of the land held thereunder be
broken and cultivated
Lessees option to purchase
Where public land object of the lease is to be sold by
the govt during the term of the lease, the lessee
shall have the option to purchase it
Right of lessee to oppose registration of land filed by other
persons
The lessee is considered a party in interest entitled
to file opposition to such an application
Mandamus will lie to compel the trial court to
permit said lessee and his counsel to appear and
oppose the application for registration of such land
Registration of lease of public land not necessary
Chapter 5. Confirmation of Imperfect or Incomplete Title
Acquisition by Judicial Legislation
Persons entitled to benefits:
Persons qualified to acquire lands of the public
domain thru judicial legalization or confirmation of
their imperfect or incomplete title are granted by
law until Dec. 31, 1976, to file with the court an
appropriate application therefore.
These persons are required to meet the ff.
conditions: (Sec. 48, CA 141)
o Those who prior to the transfer of
sovereignty from Spain to the US have
applied for the purchase, composition or
other form of grant of lands of the public
domain under the laws and royal decrees
then in force and have instituted and
prosecuted the proceedings in connection
therewith, but have, with or without
default upon their part, or for any other
cause, not received title therefore, if such
applicants or grantees and their heirs have
occupied and cultivated said lands
continuously since the filing of their
applications.
o Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious
possession and occupation of agricultural
lands of the public domain, under a bona
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fide claim of acquisition of ownership, since
June 12, 1945, immediately preceding the
filing of the application for confirmation of
title, except when prevented by war or
force majeure. These shall be conclusively
presumed to have performed all the
conditions essential to a Government grant
and shall be entitled to a certificate of title
under the provisions of this chapter.
o Members of the national cultural minorities
who by themselves of through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious
possession and occupation of lands of the
public domain suitable to agriculture,
whether disposable or not, under a bona
fide claim of ownership since June 12, 1945
shall be entitled to the rights granted in
subsection (b) hereof.
Only lands of the public domain, and not of private
ownership, are disposable for purposes of
confirmation.
Form of Application:
Shall be accompanied with a plan of the land and
documents evidencing the right of the applicant to
the land claimed
State the citizenship of the applicant
Set forth fully the nature of the claim
Specify the date and form of application for
purchase, composition etc,
Specify the extent of the compliance with the
conditions required by the Spanish Laws and royal
decrees for the acquisition of legal title
Statement of the length of time such land has been
actually occupied by the claimant or his
predecessors-in-interest
Procedure:
Application is filed with the RTC of the province or
city where the land lies
Notice of such application together with a plan of
the land is forwarded to the Solicitor Gen.
SG after investigation of the facts, shall return the
papers of the case to the court within 3 months
Publication of the notice of initial hearing in the OG
and newspaper of gen. circulation
Posting of the notice in conspicuous places
Courts adjudicates the land to the applicant of he
could show that he has title thereto proper for
registration
Otherwise, his application is dismissed and the land
is declared land of the public domain
GR: Aliens are not entitled to a decree of registration, they
being disqualified from acquiring lands of the public domain.
XPN: If he was already a Filipino citizen at the time of Note: Members of the national cultural minorities who has
application. continuously occupied and cultivated a tract of land, whether
disposable or not since July 4, 1945, shall be entitled also to
Difference btw. Registration under Land Registration Act have a free patent issued to him for such tract of land not to
and under Public Land Act exceed 24 hectares (12 hect.- Constitution), and provided
that at the time he files his application, he is not the owner of
LRA PLA any real property. (Sec. 44, CA 141)
1. Presumed existence of 1. Admittedly, land belongs
title to the land to the State Natural-born citizen - one who is a citizen of the Phils. from
2. Court may dismiss 2. Court has the jurisdiction birth w/o having to perform any act to acquire or perfect his
application with or without and power to adjudicate the Phil. citizenship.
prejudice to the right to file a land in favor of any of the
new application conflicting claimants, and if Note: Application for free patent is not a matter of right but
none of them is entitled then only a privilege granted by the State. (may only be availed of
in favor of the govt up to Dec. 31, 1987)
3. Risk of denial of 3. Risk of losing the land
application w/o necessarily applied for, w/o affording Free Patent when deemed Final and Conclusive
losing the property him another chance
After a free patent application is granted and the
corresponding cert. of title issued, the land ceased
GR: Property of the State or any of its subdivisions, not to be part of the public domain and became private
patrimonial in character, shall not be the object of property over which the Dir. of Lands has neither
prescription. (NCC, Art. 1113) control not jurisdiction.
The remedy of review on the ground of actual fraud
XPN: Where a person has been in open, continuous, exclusive may properly be invoked in connection with free
and notorious possession and occupation of agricultural lands patents within one year from the date of the
of the public domain, under a bona fide claim of acquisition issuance thereof.
of ownership since June 12, 1945. (PLA, Sec. 48) Beyond that period, action for the annulment of the
title can no longer be entertained.

Restrictions on Free Patents:

Limitation as to Area:
GR: Cannot be encumbered or alienated within 5
Before- 1,000 hectares yrs. from and after the date of the issuance of the
RA 6236/PD 1073- 144 hectares patent or grant
Constitution- 12 hectares XPN: In favor of the govt
GR: Cannot become liable to the satisfaction of any
debt contracted prior to the expiration of said
period
When Burden of Proof is upon Govt
XPN: Improvements or crops on the land may be
Where a parcel of land the registration of which is mortgaged or pledged to qualified persons
applied for, has been possessed and cultivated by
Note:
the applicant and his predecessors-in-interest for a
considerable number of years w/o the govt having After the 5 yr period, land held under free patent
taken any action to dislodge the occupants from may be alienated, transferred or conveyed w/o need
their holdings. of approval of SENR
Subject to repurchase by the patentee, his widow or
Acquisition by Administrative Legalization or Free legal heirs, w/in a period of 5 yrs.
Patent
In cases of corps., assoc., or partnerships:
Persons Entitled to Apply:
May acquire such patented land or the permanent
Natural-born citizen of the Philippines improvements with the ff. conditions:
Does not own more than 24 hectares o Consent of the grantee
Who since July 4, 1945, or prior thereto, has o Approval of the SENR
continuously occupied and cultivated such public o Solely for commercial, industrial,
lands educational, religious or charitable
Land has not been occupied by any other persons purposes, or for a ROW

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GR: Jurisdiction of Dir of Lands is lost after Registration of
Patent
XPN: If facts and circumstances so warrant, he is not
precluded to conduct appropriate investigation as to how
such title has been acquired, and if the purpose of such
investigation is to determine WON fraud has been committed
in securing such title.
Chapter 6. Lands for Residential, Commercial, Industrial
Purposes
Classification:
Reclaimed Lands
a. submerged land w/c by deliberate act of
dredging and filling has emerged to the
surface
b. owned by the State
c. govt may declare it property of the
adjoining owners as an increment thereto,
only where it is no longer needed for public
use or for public service
Foreshore
a. that part of the land adjacent to the sea
w/c is alternately covered and uncovered
by the ordinary flow of the tides.
b. Belongs to the State
Marshy Lands
a. such land bordering on shores and banks of
navigable rivers and lakes
b. generally swampy or soft wet land
Lands not included in any of the foregoing classes
Available for Purchase or Lease (Sec. 60, CA141)
Area allowed is limited only to such as may be
determined by the SENR
No case to exceed 144 hectares
NOTE: For persons, corps., assocs., or partnerships
disqualified under the provisions of the PLA to purchase such
lands for agricultural purposes, they may be allowed to lease
lands suitable for industrial or residential purposes but the
lease shall be good only for the duration such land is used for
such purposes.
May Aliens Lease Public Lands?
NO!!
It appears from the Constitution that the right of
aliens to lease disposable land of the public domains
is not allowed
o x x x. Private corps. or assoc. may not hold
such alienable lands of the public domain
except by lease, x x x. Citizens of the Phils
may lease not more than 500 hectares, or
acquire not more than 12 hectares thereof
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by purchase, homestead or grant. (Sec. 3,
Art. 12, 1987 Constitution)
Procedure for Sale or Lease:
required that the land be surveyed
with the approval of the SENR
subdivided into lots with the necessary streets and
alleys on the layout
Dir of lands shall cause to be published the
necessary notices in the OG
Shall be made through oral bidding
Adjudication made to the highest bidder
NOTE: If the applicant has made improvements on the land
by virtue of a permit duly issued, the sale or lease shall be
made by sealed bidding, subject in any case to the rule that
the applicant shall have the option to equal that of the
highest bidder and thereby be preferred.
NOTE: Sales w/o public bidding may be permitted where the
purchaser (Fil., of legal age, not owner of any home lot in the
municipality or city) in good faith established his residence on
a parcel of public land therein w/c is not needed for public
service.
Not more than 1,000 sq. mtrs, price to be fixed by
the Dir of Lands
Prerequisite: must have constructed his house on
the land and actually reside therein
Such land cannot be encumbered or alienated within
a period of 10 yrs from the date of the issuance of
the patent, except in favor of the govt
In case of transfer/alienation: subject to the
approval of SENR, and subject further to repurchase
w/in a period of 5 yrs.
Permits for Temporary Occupation and Use (Sec. 68, PLA)
Issued by SENR to qualified persons for the
occupation and use of public lands suitable for
residential, commercial or industrial purposes upon
payment of a reasonable fee.
Subject to revocation at any time when public
interest so require
2 kinds of permits:
o Revocable Permit issued for such land not
covered by a regular public land application
o Provisional Permit one granted for such
land covered by a prescribed public land
application
Conditions to be Incorporated in Lease Contract:
Minimum rental 3% of the appraised or
reappraised value of the land plus 1% of the
appraised and reappraised value of the
improvements
Term of Lease not more than 25 yrs., renewable
for not more than 25 yrs.
 If term of lease exceeds 10 yrs. subject to
reappraisal every 10 yrs.
W/in 6 months construction of permanent
improvements must be commenced ; w/in 18
months construction must be completed
Upon termination of lease all improvements shall
become property of the govt
Where fees are to be charged to the public by the
lessee, the sched of such fees or rates shall be
submitted to the govt annually for approval and
regulation
Leased land shall be subject to easement of coast
police and other easements reserved by existing
laws
NOTE: Violation of any of the conditions shall be deemed
sufficient ground for rescission.
Chapter 7. Lands for Educational, Charitable and other
Similar Purposes
Acquisition by Province and Other Govt Entities
The President upon recommendation of the SENR
may execute a donation, sale, lease or exchange in
favor of any province, municipality, or other branch
or subdivision of the govt under such terms and
conditions as may be deemed fit.
Limitations to Govt Grants
As to the area: the law does not set any definite limit
GR: Land granted cannot be subsequently be
encumbered or alienated.
XPN: When the public service requires their being
leased or exchanged for other lands belonging to
private persons
In which case, it shall be subject to the approval of
the Pres or if the Congress disposes otherwise
Acquisition by Private Institutions (Sec. 70, CA 141)
Lands classified for educational, charitable or other
similar purposes may be disposed of by sale or lease
for the purpose of founding a:
o Cemetery
o Church
o College
o School
o University
o Other institutions for educational,
charitable or philantrophical purposes, or
scientific research
As to the are: depends upon what may be
reasonably necessary to carry out the purposes
contemplated; in no case to exceed 90 hect.
Lands cannot be sold or alienated w/o the prior
consent of the Congress
Conditions of Sale or Lease
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Same as terms and conditions provided in the sale
and lease of public agricultural lands (req. for
cultivation may be waived.
May be w/o need of public auction upon order of
the SENR and the price shall be fixed by him
Purchase/lessee cannot sell, transfer, encumber or
lease the land for any purpose other than that
contemplated in the application
o Violation of this condition, the sale or lease
shall be rescinded and all improvements
introduced in the land are deemed forfeited
to the govt
Chapter 8. Reservations for Town Site and for Public and
Semi-Public Uses
Procedure to Establish New Town
Where public interests demand the founding of a
new town, the SENR shall direct the DoL to survey
the exterior boundaries of the proposed site
DoL submits the survey to the SENR who in turn
submits the same to the Pres.
o If Pres. approves: issues the necessary
proclamation reserving the land surveyed
as a town site
o Certified copies of such proclamation are
furnished the DoL and the ROD of the
province or city where the land lies
Land is then subdivided into lots for commercial and
industrial uses, and the remainder for residential
purposes
o Pres. may reserve for public purposes any
lot/s not yet disposed of.
If it is necessary to expropriate private lands w/in
the limits of he new town, the Pres. shall direct the
SG to institute appropriate proceedings in court
The plat as finally approved is recorded in the
Bureau of Lands and in the Office of the ROD
concerned
Lots shall then be sold, after due notice, at a public
auction to the highest bidder at a price not less than
2/3 of the appraised value
o w/in 6 months: commencement of the
construction of improvements
o w/in 18 months: completion thereof
Proceeds of Sale:
Turned over to the National Treasury as part of the
gen. funds
Limitations:
Not more than 2 residential lots and 2 other lots for
commercial/industrial uses in any one town site may
be sold to any one person, corp., assoc., except with
the specific approval of the SENR
For Baguio buyers: forbidden to cut down any tree
 All sales/dispositions of lots in the town site are
subject to the blanket authority reserved upon
Congress to alter, rescind or cancel at any time as
circumstances may warrant
Reservation for Public or Semi-Public Purposes
Designated by proclamation of the Pres. upon
recommendation of the SENR
Reservations may include:
o Areas for highways
o ROW for railroads
o Hydraulic power sites
o Irrigation systems
o Communal pastures
o Public parks
o Public quarries
o Public fishponds
o Workingmens village
These reservations are not subject to alienation, nor
may they be subject to occupation, entry, sale, lease,
or other disposition until again declared alienable by
proclamation of the Pres. or Prime Minister
Reservations Along River Banks for Timberland
Sec. 90, CA141 imposes a reservation of 40 mtrs.
wide along the bank on each side of any
river/stream for the purpose of reserving the same
as permanent timberland of the govt
Applicable only to lands of the public domain
subsequently acquired by a private person/entity
Reservations for Non-Christian Filipinos
With preference to lands already used or possessed
by them
Each male of over 18 yrs of age or head of family
may be allowed for his use and benefit not more
than 4 hect. of land
o Provided: he does not own yet 4 hect. or
more by title or gratuitous patent
Ancestral Lands
PD 410 all unappropriated agricultural lands of the
public domain occupied and cultivated by members
of the national cultural communities for at least 10
yrs have been declared ancestral lands, for
distribution exclusively among the members of said
communities and to be developed for the
establishment of agro-industrial projects, thus
creating conditions for employment and enhancing
the progress of the people.
Bureau of Lands identify, survey and subdivide
such ancestral lands into family-sized farm lots not
exceeding 5 hect. each
Such lands cannot be transferred, sold or alienated
w/in a period of 10 yrs, except in favor of the govt
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In case of mortgage or other encumbrances, the
approval of the SENR is a requirement
To perfect title of such lands, the occupants thereof
are given 10 yrs from March 11, 1974, w/in w/c to
file their respective applications
Otherwise, their preferential rights thereto shall be
lost and the lands declared open for allocation to
other deserving applicants
Reservation for Agricultural Colonies
Designate by proclamation of the Pres. upon
recommendation of the SENR
The SENR may turn over a colony so reserved to any
person or corp., who shall clear, break and prepare
for cultivation the land and to establish the
necessary irrigation system and suitable roads
Congress thereafter, may direct such land so
prepared and cultivated be disposed of by sale or
lease
Provisions Common to Reservations:
Certified copies of the proclamations are forwarded
to the DoL for record purposes and copy of the
record filed with the Office of the ROD of the
province or city where the land lies
DoL shall order the immediate survey of the land
and cause the same to be registered under the LRA.
Disposition of Idle Military Reservations
Lands within military reservations owned by the RP
w/c are no longer needed for military purposes may
be subdivided into lots w/ areas to be determined by
the DoL w/ the approval of the SENR
After segregation therefrom what may be needed
for public service, the remaining lots may be sold to
qualified persons, with the 1st priority given to:
o bona fide occupants
o war veterans of the past war
o members of the USAFFE
o recognized guerillas
o and deserving members of unrecognized
guerillas
Disposition by Non-Christian Filipinos
Valid, if the person making the conveyance or
encumbrance is able to read and can understand the
language in w/c the instrument of conveyance or
encumbrance is written.
Creation of National Housing Authority
Created by PD 757
Powers and fxns of NHA:
o Develop and implement the comprehensive
and integrated housing program of the
govt
 o Formulate and enforce general and specific
policies for housing development and
resettlement
o Exercise right of eminent domain or acquire
by purchase privately owned lands for
purposes of housing development,
resettlement and related services and
facilities
o Develop and undertake housing
development and/or resettlement projects
through joint ventures or other
arrangements with public or private entities
o Prescribe and enforce guidelines, standards
and rules for the purpose of protecting
home and lot buyers through the regulation
of real estate trade and business
o Regulate the relationship btw owners and
lessees of residential properties
IPRA LAW. RA. No. 8371
Sec.1. Short Title The Indigenous Peoples Rights Act of
1997
Sec. 2. Declaration of State Policies
The State shall recognize and promote all the rights of
Indigenous Cultural Communities/Indigenous Peoples
hereunder enumerated within the framework of the
Constitution.
a. The State shall recognize and promote the rights of
ICCs/IPs within the framework of national unity and
development
b. The State shall protect the rights of ICCs/IPs to their
ancestral domains to ensure their economic, social
and cultural well being and shall recognize the
applicability of customary laws governing property
rights or relations in determining the ownership and
extent of ancestral domain
c. The State shall recognize, respect and protect the
rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider
these rights in the formation of national laws and
policies
d. The State shall guarantee the members of the
ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without
distinction or discrimination
e. The State shall take measures, with the participation
of the ICCs/IPs concerned, to protect their rights and
guarantee for their cultural integrity, and to ensure
the members of the ICCs/IPs benefit on an equal
footing from the rights and opportunities which
national laws and regulations grant to other
members of the population, and
f. The State recognizes its obligations to respond to
strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation
in the direction of education, health, as well as other
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services of ICCs/IPs, in order to render such services
more responsive to the needs and desires of these
communities.
Towards these ends, the State shall institute and establish
the necessary mechanisms to enforce and guarantee the
realization of these rights, taking into consideration their
customs, traditions, values, beliefs, interest and institutions
and to adopt and implement measures to protect their rights
to their ancestral domains.
Definitions:
Ancestral Domains refer to all areas generally
belonging to ICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein,
held under a claim of ownership, occupied or
individually by ICCs/IPs, by themselves or through
their ancestors, communally or individually since
time immemorial, continuously to the present
except when interrupted by war, force majuere or
displacement by force, deceit, stealth or as a
consequence of government projects or any other
voluntary dealings entered into by govt and private
individuals/corps, and which are necessary to ensure
their economic, social and cultural welfare. It shall
include ancestral lands, forests, pasture, residential,
agricultural and other lands individually owned
whether alienable and disposable or otherwise,
hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural
resources, and lands which may no longer be
exclusively occupied by ICCs/IPs who are still
nomadic and/or shifting cultivators
Ancestral Lands refer to land occupied, possessed
and utilized by individuals, families and clans who
are members of the ICCs/IPs since time immemorial,
by themselves or through their predecessors in
interest, under claims of individual or traditional
group ownership, continuously, to the present
except when interrupted by war, force majuere or
displacement by force, deceit, stealth, or as a
consequence of govt projects entered into by the
govt and private individuals/corps, including, but not
limited to, residential lots, rice terraces or paddies,
private forests, swidden farms and tree lots.
Cert of Ancestral Domain Title a title formally
recognizing the rights of possession and ownership
of ICCs/IPs over their ancestral domains identified
and delineated in accordance with this law
Cert of Ancestral Lands Title title formally
recognizing the rights of ICCs/IPs over their ancestral
lands
Free and Prior Informed Consent (FCIP) the
consensus of all members of the ICCs/IPs to be
determined in accordance with their respective
customary laws and practices, free from any external
manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope
 of the activity, in a languange and process Rights to Ancestral Domains
understandable to the community
Indigenous Cultural Communities or Indigenous 1. Right of Ownership
Peoples a group of people or homogenous a. Right to claim ownership over lands, bodies
societies identified by self-ascription and ascription of water traditionally and actually occupied,
by others, who have continuously lived as an sacred places, traditional hunting and
organized community on communally bounded and fishing grounds
defined territory, and who have, under claims of 2. Right to Develop Lands and Natural Resources
ownership since time immemorial, occupied, a. Right to develop, control and use lands and
possessed and utilized such territories, sharing territories traditionally occupied, owned, or
common bonds of language, customs, traditions, used
and other distinctive cultural traits, or who have, b. To manage and conserve the natural
through resistance to political, social and cultural resources
inroads of colonization, non indigenous religions and c. Right to negotiate the terms and conditions
cultures, became historically differentiated from the for the exploration of natural resources for
majority of Filipinos. ICCs/IPs shall likewise include the purpose of ensuring ecological,
peoples who are regarded as indigenous on accout environmental protection and the
of their descent from the populatiosn which conservation measures
inhabited the country, at the time of conquest or d. Receive just and fair compensation for any
colonization, or at the time of inroads of non- damages which they may sustain as a result
indigenous religions and cultures, or the of the project
establishment of present state boundaries, who e. Right to effective measures by the govt to
retain some or all of their own social, economic, prevent any interference with alienation
cultural and political institutions, but who may have and encroachment upon these rights
been displaced from their traditional domains or 3. Right to Stay in the Territories
who may have resettled outside their ancestral a. Right to stay and not to be removed
domains therefrom
Natl Commission on Indigenous People (NCIP) the b. No ICCs/IPs will be relocated w/o their free
office created under this Act, which shall be under and prior informed consent, other than
the Office of the Pres, and which shall be the eminent domain
primary government agency responsible for the c. Shall be guaranteed the right to return to
formulations and implementation of policies, plans their ancestral domains, as soon as the
and programs to recognize, protect and promote the frounds for relocation cease to exist
rights of ICCs/IPs 4. Right in case of Displacement
Native title refers to pre-conquest rights to lands a. State shall endeavor to resettle the
and domains which, as far back as memory reaches, displaced ICCs/IPs where they can have
have been held under a claim of private ownership temporary life support systems
by ICCs/IPs, have never been public lands and are b. Right to return to their abandoned lands
thus indisputably presumed to have been held that c. Shall enjoy security of tenure over lands to
way since before the Spanish Conquest which they have been resettled
Time Immemorial refers to a period of time when 5. Right to Regulate Entry of Migrants
as far back as memory can go, certain ICCs/IPs are 6. Right to Safe and Clean Air and Water
known to have occupied, possessed in the concept a. Shall have access to integrated systems for
of owner, and utilized a defined territory devolved the management of their inland waters and
to them, by operation of customary law or inherited air space
from their ancestors, in accordance with their 7. Right to Claim Parts of Reservations
customs and traditions. 8. Right to Resolve Conflicts

Rights to Ancestral Domain Right to Ancestral Lands

Concept of Ancestral Lands/Domains not only physical but
also the spiritual and cultural bonds to the areas
Indigenous Concept of Ownership
Serve as material bases of their cultural integrity
ICCs/IPs private but community property which
belongs to all generations
Cannot be sold, disposed or destroyed
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1. Right to transfer land/property among members of
the same ICCs/IPs
2. Right to redemption right to redeem land within a
period not exceeding 15 years, if transfer of land to
non members of the concerned ICCs/IPs is tainted by
the vititated consent
Option to Secure Cert of Title under CA 141 or LRA 492
OCENPO for a period of not less than 30 years
 Exercised within 20 years (up to 2018 only)
Exemption from taxes
GR: Lands under Ancestral Domain shall be exempt
from real property taxes, special levies and other
forms of exaction
XPN: Portions of the ancestral domain that are
actually used for large-scale agriculture, commercial
forest plantation and residential purposes or upon
titling by private persons
Appeals to the Court of Appeals
Decisions of the NCIP shall be appealable to the CA
by way of a petition for review
Part II. Mineral Lands
Chapter 1. Mining in General
Declaration of Policy
It shall be the responsibility of the State to promote
their rational exploration, development, utilization
and conservation through the combined efforts of
government and the private sector in order to
enhance natl growth in a way that effectively
safeguards the environment and protect the rights
of affected communities
Ownership of Mineral Resources
Mineral lands are owned by the State and the
exploration, development, utilization and processing
thereof shall be under its full control and supervision
The state may directly undertake such activities or it
may enter into mineral agreements with contractors
The state shall recognize and protect the rights of
the ICCs to their ancestral lands as provided by the
Consti
o No ancestral land shall be opened for
mining operations w/o the FPIC of the
indigenous cultural minority concerned
Mineral lands and Mineral Deposits
Mineral lands any area where mineral resources
are found
Minerals all naturally-occuring inorganic substance
in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum,
natural gas, radioactive materials and geothermal
energy
Mineral resources any concentration of
minerals/rocks with POTENTIAL economic value
Mineral deposits natural deposits or accumulation
of minerals, belong to the state, whether found in
public or private lands, or in beds of creeks, rivers,
lakes or other submerged lands w/in the territorial
waters or on the continental shelf
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Mineral reservations
The Pres upon the recommendation of the Director
through the Sec, may establish mineral reservations
When there is a need to preserve strategic raw
materials for industries critical to natl devl, or
certain minerals for scientific, cultural or ecological
value, the Pres may establish mineral reservations
All submerged lands w/in the contiguous zone and in
the exclusive economic zone of the Phils are hereby
declared to be mineral reservations
Mine and quarry distinguished
Whether any excavation be a mine or not depends
on the mode which it is worked and not on the
substance obtained from it
Mine Quarry
A work for the excavtion of The whole excavation is
minerals, by means of pits, open
shafts, levels, tunnels, and
others
Mining Claim
A parcel of land containing precious metal in its soil
or rock, and is often used in mining parlance as
synonymous with the term location
Location the act of appropriating a mining claim on
the public domain, accdg to established law or rules
Perfected mining claim deemed withdrawn from public
domain
A perfected valid appropriation of public mineral
land operates as a withdrawal of the tracts from the
body of the public domain, and so long as such
appropriation remains valid and subsisting, the land
covered thereby is deemed private property
Mineral lands when not deemed part of NatRes
Mineral lands which at the time the constitutional
provision took effect no longer formed part of the
public domain, they having been segregated from
the natural resources in the sense contemplated, do
not come within the prohibition
Chapter 2. Prospecting, Location and Registration of Mining
Claims
Maximum area of mining claims allowed
Onshore, in any one province
For individuals - 20 blocks
For partnerships, coprs, coops, or
assoc 200 blocks
Onshore, in the entire Phils
For individuals 40 blocks
 For partnerships etc 400 blocks
Offshore, beyond 500m from the mean low tied
level
For individuals 100 blocks
For partnerships etc 1000 blocks
A block or meridional block means an area bounded
by minute of latitude and minute of longitude,
containing approximately 81 hect
Areas open to mining operations
All mineral resources in public or private lands, inc
timber or forests lands shall be open to mineral
agreements or financial and technical assistance
agreement applications
Mining agreement or financial or technical
assistance agreement applications shall not be
allowed:
o Military and other govt reservations (XPN:
prior written clearance)
o Near or under public or private bldgs,
cemeteries, archeological and historic sites,
bridges, highways etc
o Areas covered by valid and existing mining
rights
o Areas expressedly prohibited by law
o Areas covered by small-scale miners
o Old growth or virgin forests
Declaration of Location (Claim) of Mining Claim
A qualified person locating a mining claim is required
to prepare by himself or through his agent a
declaration of location in the form prescribed, and
record it after having been duly accomplished and
notarized with the Mines Regional Recorder
Registration of Declaration of Location, etc
The declaration of location is to be filed and
registered with the Mines Regional Recorder
Assignment or transfer by the claim-owner as well as
any other docu or instruments relating to or
affecting any mining right or title thereto or interest
therein are likewise to be recorded
Amendment of declaration of location allowable
Provided that such amended declaration will not
prejudice pre-existing rights of 3rd persons and that
no lease on the mining claim affected has as yet
been granted to him by the Govt prior to the filing of
the amended declaration
Rights acquired by registration of declaration of location
Shall give the claim owner, his successors and
assigns, the right to occupy, explore and develop
said claim from the date of the recording thereof
Exploration permit
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Before a qualified person may enter into a mineral
agreement, he has to explore the land first, and
secure an exploration permit from the Bureau of
Mines and Geo-sciences
An exploration permit shall be for a period of 2 years
subject to annual review and relinquishment or
renewal upon the recommendation of the Dir
Declaration of mining project feasibility
The approval of the mining project feasibility and
compliance with other requirements provided in
this act shall entitle the holder to an exclusive right
to a mineral production sharing agreement or other
mineral agreements or financial or technical
assistance agreement
Chapter 3. Survey and Lease of Mining Claims
Forms of mineral agreements
Mineral production sharing agreement is an
agreement where the govt grants to the contractor
the exclusive right to conduct mining operations
w/in a contract area and shares in the gross outpus.
The contractor shall provide the financing,
technology, management and personnel necessary
for the implementation of this agreement
Co-production agreement is an agreement btw
the govt and the contractor wherein the govt shall
provide inputs to the mining operations other than
the mineral resource
Joint venture agreement is an agreement where a
joint-venture company is organized by the govt and
the contractor with both parties having equity
shares. Aside from earnings in equity, the govt shall
be entitled to a share in the gross output
Maximum area for mineral agreement
Onshore, in any one province
o For individuals 10 blocks
o For partnerships, coops, assoc, or corps
100 blocks
Onshore, in the entire Phils
o For individuals 20 blocks
o For partnerships etc 200 blocks
Offshore, in the entire Phils
o For individuals 50 blocks
o For partnerships etc 500 blocks
o For the exclusive economic zone, a larger
area to be determined by the Sec
Shall not include mining or quarry areas under
operating agreements btw the contractor and a
claim owner /lessee /permitee /licensee
Assignment or transfer of mineral agreement
The rights and obligations derived from a mineral
agreement, can not, ordinarily be assigned or
 transferred unless there is a prior approval of the
SENR
Withdrawal from mineral agreement
Contractor may, by giving due notice at any time
during the term of the agreement, apply for the
cancellation of the mineral agreement due to causes
which, in the opinion of the contractor, make
continued mining operations no longer feasible or
viable
Provided, that the contractor has met all its
financial, fiscal, and legal obligations
Financial or technical assistance agreements; eligibility;
maximum contract area
Any qualified person with technical and financial
capability to undertake large scale exploration,
devl and utilization of mineral resources in the
Phils may enter into a financial or technical
assistance agreement directly with the govt
Limited to petroleum, mineral oils, minerals
Maximum area as provided for the law that a
person may be granted are:
o 1,000 meridional blocks onshore
o 4,000 meridional blocks offshore
o Combinations of (a) and (b) provided
that it shall not exceed the maximum
limits of onshore and offshore areas
Option to convert into a mining agreement
If the economic viability of the contract area is found
to be inadequate to justify large-scale mining
operations
Provided, that the mineral agreement shall only be
for the remaining period of the orig agreement
In the case of foreign contractor, it shall reduce its
equity to 40% in the corp, partnership, assoc or coop
o To allow fil ownership and control
Assignment or transfer of agreement
Subject to the prior approval of the Pres
Provided that the Pres shall notify Congress of every
financial or technical assistance agreement assigned
or converted
Withdrawal from financial or technical assistance
agreement
Contractor shall manifest in writing to the Sec his
intention to withdraw form the agreement
Chapter 4. Quarry Resources
Quarry resources defined
Any common stone or other common mineral
substance as the Dir of Mines and Geo-sciences may
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so declare, such as, but not restricted to, marl,
marble, granite, volcanic cinders, basalt, tuff and
rock phosphate, provided they contain no metals or
other valuable minerals in economically substantial
quantities
Quarry permit, area; period
any qualified person may apply to the provincial or
city mining regulatory board for a quarry permit or
privately owned lands and or public lands for bldg
and construction materials
The Provincial governor shall grant the permit after
the applicant has complied with all the requirements
as prescribed by the rules and regulations
The maximum area which a qualified person may
hold at any one time shall be 5 hect
A quarry permit shall have a term of 5 years,
renewable for like periods but not to exceed a total
term of 25 years
No quarry permit shall be issued or granted on any
area covered by a mineral agreement, or financial or
technical assistance agreement
Cancellations of quarry permit
May be cancelled by the provincial governor for
violations of the provisions of this act
Kinds of quarry permits
1. Commercial sand and gravel permit permit to
extract and remove sand and gravel or other loose
or unconsolidated materials which are used in their
natural state, w/o undergoing processing from an
area of not more than 5 hect
2. Industrial sand and gravel permit permit to
extract sand and gravel and other loose or
unconsolidated materials that necessitate the use of
mechanical processing covering an area of more
than 5 hect
3. Exclusive sand and gravel permit for your own
consumption, provided that there will be no
commercial disposition thereof