EG 314E Introduction to the Laws on Private and Public Lands

Assignment

November 6, 2023

Name: Harly Jay Pacres

Instructions: Write your name and answers on a separate sheet. Submit on a pdf format. Due on Nov. 6,
2023, 12MN.

1. Define ‘Imperfect Land Title’. (2 pts)

Ans: It refers to a title that is defective and does not fully represent the lawful transfer of a
parcel of land. When they have, either directly or through a predecessor in interest, been
openly, continuously, exclusively, and notoriously in possession of and occupying alienable and
disposable public domain lands under a legitimate claim of ownership since June 12, 1945,
unless prevented by war or other uncontrollable circumstances. Public Land Act, Sec. 48(b)

2. Define ‘title in fee simple’. (2 pts)

Ans: In real estate, the phrase "title in fee simple" refers to complete and unchangeable
ownership of the property and any buildings thereon. The highest type of ownership is fee
simple, which denotes complete ownership of the land free from any constraints or limitations
save those imposed by municipal zoning laws. When a person has fee simple title, they are the
sole and exclusive proprietors of the land, subject only to a few restricted government
authorities (like eminent domain) and property tax payments.

3. Who are the qualified applicants for RA 11231? (5 pts)

Ans: According to its section 3 the qualified public land applicants is base on the Section 44 of
Commonwealth Act No. 141 or “The Public Land Act” which outlines, Any natural-born citizen
of the Philippines who is not the owner of more than twenty-four hectares and who since July
fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and
cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of
agricultural public lands subject to disposition, or who shall have paid the real estate tax
thereon while same has not been occupied by any person shall be entitled, under the
provisions of this chapter, to have a free patent issued to him for such tract or tracts of such
land not to exceed twenty-four hectares. A member of the national cultural minorities who has
continuously occupied and cultivated, either by himself or through his predecessors-in-interest,
a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the
right granted in the preceding paragraph of this section: Provided, That at the time he files his
free patent application he is not the owner of any real property secured or disposable under
this provision of the Public Land Law.
4. Enumerate the restrictions that were repealed by RA 11231? (5 pts)
Ans: Section 3 states that qualifying applicants for public land shall not be bound by the
limitations on acquisitions, encumbrances, conveyances, transfers, or dispositions set forth in
sections 118, 119, and 121 of Commonwealth Act No. 141.

5. What is the required time period for the continuous occupation & cultivation on A & D tract of
lands by the patent applicant? (2 pts)
Ans: Section 6 of RA 10023 states that all applications must be submitted to the DENR's
Community Environment and Natural Resources Office (CENRO) as soon as possible after the
Act takes effect. Within one hundred and twenty (120) days, the CENRO must process the
application, making sure all notices are given in accordance with the law and other
requirements. After that, it must forward this recommendation to the Provincial Environment
and Natural Resources Office (PENRO), which has five (5) days to approve or deny the patent.
If approved, a patent will be issued; if there are competing claims from several claimants, the
parties may pursue the appropriate legal remedies.

6. What are the specified land areas accepted for Residential Free patent application? (4pts)
Ans: The RA 10023 section 1 states that. A free patent title may be applied for by any Filipino
citizen who actually resides on residential land under the terms of this Act: Provided, however,
that the land must not exceed two hundred (200) square meters in highly urbanized cities, five
hundred (500) square meters in other cities, seven hundred fifty (750) square meters in first
class and second class municipalities, and one thousand (1,000) square meters in all other
municipalities; Provided further, that the land application is not required for public service or
public use.

7. What are the restrictions being repealed by RA 10023? (5 pts)

Ans: According to section 5 it states that, the restrictions regarding encumbrances,
conveyances, transfers, or dispositions imposed in Sections 118, 119,121, 122 and 123 of
Chapter XIII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents
issued under this Act.
As mentioned above these are the sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of
Commonwealth Act No. 141:

SECTION 118. Except in favor of the Government or any of its branches, units, or institutions,
lands acquired under free patent or homestead provisions shall not be subject to encumbrance
or alienation from the date of the approval of the application and for a term of five years from
and after the date of issuance of the patent or grant, nor shall they become liable to the
satisfaction of any debt contracted prior to the expiration of said period, but the
improvements or crops on the land may be mortgaged or pledged to qualified persons,
associations, or corporations.
No alienation, transfer, or conveyance of any homestead after five years and before
twenty-five years after issuance of title shall be valid without the approval of the Secretary of
Agriculture and Commerce, which approval shall not be denied except on constitutional and
legal grounds.

SECTION 119. Every conveyance of land acquired under the free patent or homestead
provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal
heirs, within a period of five years from the date of the conveyance.

SECTION 121. Except with the consent of the grantee and the approval of the Secretary of
Natural Resources, and solely for commercial, industrial, educational, religious or charitable
purposes or for a right of way, no corporation, association, or partnership may acquire or have
any right, title, interest, or property right whatsoever to any land granted under the free
patent, homestead, or individual sale provisions of this Act or to any permanent improvement
on such land.
The provisions of Section 124 of this Act to the contrary notwithstanding, any
acquisition of such land, rights thereto or improvements thereon by a corporation, association,
or partnership prior to the promulgation of this Decree for the purposes herein stated is
deemed valid and binding; Provided, That no final decision of reversion of such land to the
State has been rendered by a court; And Provided, further, That such acquisition is approved
by the Secretary of Natural Resources within six (6) months from the effectivity of this Decree.

SECTION 122. No land originally acquired in any manner under the provisions of this Act, nor
any permanent improvement on such land, shall encumbered, alienated, or transferred, except
to persons, corporations, associations, or partnerships who may acquire lands of the public
domain under this Act or to corporations organized in the Philippines authorized therefor by
their charters.
Except in cases of hereditary succession, no land or any portion thereof originally
acquired under the free patent, homestead, or individual sale provisions of this Act, or any
permanent improvement on such land, shall be transferred or assigned to any individual, nor
shall such land or any permanent improvement thereon be leased to such individual, when the
area of said land, added to that of his own, shall exceed one hundred and forty-four hectares.
Any transfer, assignment, or lease made in violation hereof, shall be null and void.
SECTION 123. No land originally acquired in any manner under the pro-visions of any previous
Act, ordinance, royal order, royal decree, or any other provision of law formerly in force in the
Philippines with regard to public lands, terrenos baldios y realengos, or lands of any other
denomination that were actually or presumptively of the public domain, or by royal grant or in
any other form, nor any permanent improvement on such land, shall be encumbered,
alienated, or conveyed, except to persons, corporations or associations who may acquire land
of the public domain under this Act or to corporate bodies organized in the Philippines whose
charters authorize them to do so: Provided, however, That this prohibition shall not be
applicable to the conveyance or acquisition by reason of hereditary succession duly
acknowledged and legalized by competent courts; Provided, further, That in the event of the
ownership of the lands and improvements mentioned in this section and in the last preceding
section being transferred by judicial decree to persons, corporations or associations not legally
capacitated to acquire the same under the provisions of this Act, such persons, corporations, or
associations shall be obliged to alienate said lands or improvements to others so capacitated
within the precise period of five years; otherwise, such property shall revert to the
Government.