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Philippines Comprehensive Agrarian Reform Program Free distribution of public lands OPINION Land Portal.

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Definition.. The Regalian Doctrine dictates that all lands of the public domain as well as all natural resources, whether on public or private land, belong to the State..

History. Spanish Colonization Introduced the Law of the Indies and Royal Cedulas Enactment of Spanish Mortgage Law of 1893 Enactment of Maura Law and the Royal Decree of 1894 Treaty of Paris of December 10, 1898.

As instilled in the PH Laws.. 1 PHILIPPINE BILL OF 1902.

Jurisprudence.. 1. Valenton v. Murciano (1904) The Court, through Justice Willard, anchored its decision from the preamble of Law 14 which stated that all those lands which had not been granted by Philip, or in his name, or by the kings who preceded him, belonged to the Crown. 2. Carino v. Insular Government (1909) The Court overturned the Valenton case and recognized native titles..

Jurisprudence.. 3. Director of Lands v. Funtilar (1986) Regalian Doctrine must be applied together with the constitutional provisions on social justice and land reform and must be interpreted in a way as to avoid manifest unfairness and injustice. 4. Cruz v. DENR (2000) The petitioners assailed the constitutionality of some provisions of the IPRA. However, the members of the Court voted 7 to dismiss the petition, while anothe 7 voted to grant the petition. 5.

Jurisprudence.. 5. Federation of Coron v. DENR (2020) The only exception in the Regalian Doctrine is native title to land, or ownership of land by Filipinos by virtue of a claim of ownership since time immemorial and independent of any grant from the Spanish Crown..

EXECUTIVE DEPARTMENTS TASKED FOR THE SUPERVISION OF NATURAL RESOURCES.

Logo Description automatically generated. Department of Environment and Natural Resources.

Logo Description automatically generated. The Department is the Lead environment agency created in 1987 by the Administrative Code (EO 192) that consolidated several government agencies performing Environment and Natural Resources (ENR) functions..

Logo Description automatically generated. PRIMARILY RESPONSIBLE FOR THE :.

Department of Agriculture. Logo Description automatically generated.

The Department is the government agency responsible for the promotion of agricultural development by providing the policy framework, public investments, and support services needed for domestic and export-oriented business enterprises..

DA. Logo Description automatically generated. The Department envisions a food-secure Philippines with prosperous farmers and fishers..

DA. Logo Description automatically generated. Promotion of agricultural development growth.

DA. Attached Bureaus and Agencies:. Bureau of Plant Industry Bureau of Animal Industry Bureau of Postharvest Research and Extension Bureau of Fisheries and Aquatic Resources Agricultural Training Institute Bureau of Agricultural Research Bureau of Agricultural Statistics National Food Authority Fertilizer and Pesticide Authority Philippine Rice Research Institute.

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Constitutional Provision on Natural Resources. Article XII, Section 2: “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State..”.

What is Public Land. All lands of the public domain whose title remained in the government and are thrown open to private appropriation and settlement and excluded the patrimonial property of the government and the friar lands..

History of Public Land Act. Act No. 2874 (1919) It increased the homestead area from 16 hectares to 24 hectares.

The Act Applies to Land of Public Domain. Lands of public domain are classified into: Alienable and disposable lands Timber Mineral lands Alienable Lands are Classified According to Use or Purpose: Agricultural Residential, commercial, industrial, or for similar productive purposes. Reservations for town sites and for public and quasi-public uses..

Conditions Prior to Disposition of Lands. Lands delimited, classified, and, when practicable, surveyed. Lands not reserved for public or quasi-public uses. Lands not appropriated by the government Privately owned lands.

Forms of Concession of Agricultural Lands. Homestead Sales Patent Lease Free Patent Special Patent.

Homestead. It is a grant of public land to persons seeking to establish and maintain agricultural homes based on actual, continuous, and personal occupancy of the area as a home including cultivation and improvement of the land..

Homestead. Qualification Homestead Age 18 years old or head of family Citizenship Filipino Landholdings 5 hectares Occupation 1 year Cultivation 1/5th of the land within 6 months.

Gayapanos v. IAC G.R. No. 68109. FACTS: This is a petition for review on certiorari filed by Severino Gayapanao and his siblings questioning the decision of the IAC in upholding the validity of the sale of the land between their father Constantino and their sister. The 2 hectare land, subject of this case is part of 10 hectare homestead land registered in the name of Constantino Gayapanao under OCT. The final order of the Director of Lands for the issuance of patent was issued on December 10, 1937. On November 15, 1938, Constantino Gayapanao executed a private deed entitled kasulatan ng bilihan in favor of Simeona Gayapanao and his husband. RTC’s decision: The contract of sale between Simeona Gayapanao and her father is null and void for having been executed with the 5 year prohibitory period provided under Section 118 of the Public Land Law CA’s decision: It reversed the decision of the RTC and uphold the validity of the sale. ISSUE: WON CA was correct in upholding the validity of the sale? RULING: No, the provision of law which prohibits the sale or encumbrance of the homestead within 5 years after the grant is mandatory. From the date of the approval of the application and for a term of five (5) years from and after the date of issuance of the patent or grant, lands acquired under free patent or homestead provisions cannot be subject to encumbrance or alienation, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period. The only exception mentioned by the law is the sale or encumbrance in favor of the government or any of its branches, units or institutions. In a number of cases, we have consistently ruled that a sale of homestead within the five (5) year prohibitive period is void ab initio and the same cannot be ratified nor can it acquire validity through the passage of time..

Sales Patent. It is a patent issued for the type of application covering lands of the public domain for agricultural purposes as stipulated in Chapter V of the Public Land Act and Sold at public auction thru sealed bidding..

Sales Patent. Qualifications Sales Patent Who may apply Any Filipino citizen and any such citizen not of lawful age who is a head of a family. Any corporation or association of which at least 60% of the capital stock or any interest in said capital stock belongs wholly to citizens of the Philippines Landholdings Not more than 144 hectares in case of an individual Not more than 1024 hectares in case of corporation or association Conditions Cultivate not less than 1/5th of the land within 5 years from the date of the award. Before patent is issued, the purchaser must show of occupancy, cultivation, and improvement of at least ⅕ of the land applied for until the date on which final payment is made. After the title has been granted, the purchaser may not, within 10 years from such grant, convey or encumber or dispose said lands or rights thereon..

Seville v. National Development Company G.R. No. 129401.

Lease. It is a privilege granted by the State to a person, private corporation, association, or partnership, to occupy and lease, in consideration of specified rental/fee, any land of the public/private domain (including its improvements) to undertake any authorized activity therein..

Lease. Qualifications Sales Patent Who and what may apply Any Filipino citizen and any such citizen not of lawful age who is a head of a family. Any corporation or association of which at least 60% of the capital stock or any interest in said capital stock belongs wholly to citizens of the Philippines Area of Lease Not more than 500 hectares in case of an individual Not more than 1000 hectares in case of corporation or association Period of Lease 25 years and renewable for not more than 25 years..

Free Patent. It is the confirmation of imperfect title over alienable and disposable public agricultural lands thru administrative procedure..

Free Patent. Qualification Free Patent Citizenship Natural born Filipino Landholdings 12 hectares Occupation 30 years Tax Must have paid taxes on the land.

Special Patent. It is a public instrument issued by the government confirming the grants by the State of the ownership over a parcel of agricultural land in favor of the grantee by virtue of a law or a proclamation by the President of the Philippines..

Special Patent. Qualifications Restrictions Republic of the Philippines, its agencies, branches, and instrumentalities. LGUs Lands under this shall not be disposed or unless sanctioned by Congress if owned by the National Agency or sanctioned by the Sanggunian concerned through an approved ordinance, if owned by the local government unit. Special patents shall not be encumbered or alienated, except when the public service requires their being leased or exchanged, with the approval of the President, for other lands belonging to private parties, or if the Congress disposes otherwise. Land must be used pursuant to its purpose of the proclamation..

Judicial Confirmation of Imperfect or Incomplete Titles.

Classification and Concession of Public Lands Suitable for Residence, Commerce, and Industry.

Classification and Concession of Public Lands Suitable for Residence, Commerce, and Industry.

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Purposes of the law. For the proper classification, management, and utilization of the lands of the public domain. Reassessment the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom. Protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition..

Public forest. Permanent forest or forest reserves.

Forest Management Bureau. Chapter I, Sections 4 - 12.

CRIMINAL OFFENSES & PENALTIES. Sections 77-87, P.D. 705.

Cutting, gathering, collecting, or removing of timber or other forest products from any forest land without authority.

b. Cutting, gathering, collecting, or removing timber from A&D lands or from private lands without authority.

b. Cutting, destroying, damaging or injuring, naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic and ecological values..