CHAPTER I
HOMESTEADS ON THE PUBLIC DOMAIN

Section 1. Any citizen of the Philippine Islands, orof the United States, or of any Insular possession thereof, over theage of twenty-one years or the head of a family may, as hereinafterprovided, enter a homestead of not exceeding sixteen hectares ofunoccupied, unreserved unappropriated agricultural public land in thePhilippine Islands, as defined by the Act of Congress of July first,nineteen hundred and two entitled "An Act temporarily to provide forthe administration of the affairs of civil government in the PhilippineIslands, and for other purposes which shall be taken, if on surveyedlands, by legal subdivisions, but if on unsurveyed lands shall belocated in a body which shall be as nearly as practicable rectangularin shape and not more than eight hundred meters in length; but noperson who is the owner of more than sixteen hectares of land in saidislands or who has had the benefits of any gratuitous allotment ofsixteen hectares of land since the acquisition of the Islands by theUnited States, shall be entitled to the benefits of this chapter.

Sec. 2. Any person applying to enter land underthe provisions of this chapter shall file with such officer as may bedesignated by law as local land officer, or in case there be no suchofficer than with the Chief of the Bureau of Public Lands, anapplication under oath showing that he has the qualifications requiredunder section one of this chapter, and that he possesses none of thedisqualifications there mentioned that such application is made for hisexclusive use and benefits: that the same is made for the purpose ofactual settlement and cultivation, and not either directly orindirectly, for the use or benefit of any other person, persons,corporation or association of persons; that the land applied for isnon-mineral, does not contain valuable deposits of coal or salts, ismore valuable for agricultural than forestry purposes, and is notoccupied by any other person; and showing the location of the land bystating the province, municipality, and barrio in which the same issituated, and as accurate a description as may be given, showing theboundaries of the land, having reference to natural objects andpermanent monuments, if any. Upon the filing of said application theChief of the Bureau of Public Lands shall summarily determine, byinquiry of the Chief of the Bureau of Forestry and from the availableland records, whether the land described is prima facie subject underthe law to homestead settlement, and, if he shall find nothing to thecontrary, the applicant, upon the payment of ten pesos, Philippinecurrency, shall be permitted to enter the quantity of land specified,provided, however, that the option of the applicant, payment of saidentry fee and of the fee prescribed in section three hereof may be madeit five annual installments of four pesos each. These payments may bemade to the municipal treasurer of the locality who, in turn, shallforward to the provincial treasurer the amounts received on thisaccount. In case of the delinquency of the applicant in the payment ofany said installments, thirty days after having become delinquent, heshall lose ipso facto his rights to the land in question, shall not beentitled to the reimbursement of the installments which he may havepaid, and the land shall become vacant and open to entry by another.

Sec. 3. No certificate shall be given or patentissued for the land applied for until the expiration of five years fromthe date of filing of the application; and if, at the expiration ofsuch time, or at any time within three years thereafter, the personfiling such application shall prove by two credible witnesses that hehas resided upon the land for the last two years immediately precedingthe day of such proof, and cultivated the land for the term of fiveyears immediately succeeding the time of filing the applicationaforesaid, and shall make affidavit that no part of said land has beenalienated or encumbered, and that he has borne true allegiance to theGovernment of the United States and that of the Philippine Islands,then, upon payment of a fee of ten pesos, Philippine currency, or uponthe payment of the last of the five installments provided for insection two, to such officer as may be designated by law as local landofficer, or in case there be no such officer then to the Director ofLands, he shall be entitled to a patent, provided, however, That in theevent of the death of an applicant prior to the issuance of a patenthis widow shall be entitled to have a patent for the land applied forissue to her upon showing that she has consummated the requirements oflaw for homesteading the lands as above set out; and in case theapplicant dies before the issuance of the patent and does not leave awidow, then the interest of the applicant in the land shall descend andpatent shall issue to the persons who under the laws of the PhilippineIslands would have taken, had the title been perfected by patent beforethe death of the applicant, upon proof, by the persons thus entitled,of compliance with said requirement and conditions. (As amended by ActNo. 1864.)

Sec. 4. No lands acquired under the provisions ofthis chapter shall in any event become liable to the satisfactions ofany debt contracted prior to the issuance of a patent therefor

Sec. 5. If, at any time after the filing of theapplication as herein-above provided and before the expiration of theperiod allowed by law for the making of final proof, it is proved tothe satisfaction of the Chief of the Bureau of Public Lands, after duenotice to the homesteader, that the land entered is not under the lawsubject to homestead entry, or that the homesteader has actuallychanged his residence, voluntarily abandoned the land for more than sixmonths at any one time during the two years of residence hereinrequired, or has otherwise failed to comply with the requirements oflaw, then in that even the Chief of the Bureau of Public Lands maycancel the entry, subject to appeal under proper regulations to theSecretary of the Interior, and the land thereupon shall become subjectto disposition as other public lands of like character.

Sec. 6. Not more than one homestead entry shall beallowed to any one person.

Sec. 7. Before final proof shall be submitted byany person claiming to have complied with the provisions of thischapter, due notice, as prescribed by the Chief of the Bureau of PublicLands, with the approval of the Secretary of the Interior, shall begiven to the public of his intention to make such proof, statingthereon the time and places, and giving a description of the land andthe names of the witnesses by whom it is expected that the necessaryfacts will be established.

Sec. 8. Any person may file an affidavit ofcontest against any homestead entry, charging that the land entered wasnot unoccupied, unreserved, or unappropriated agricultural land at thetime of filing the application, alleging disqualification of theentryman, non-compliance with law as to residents or cultivation, orany other matter which, if proven, would be just cause for thecancellation of the entry, and upon successful termination of thecontest, the contestant, if a qualified entryman shall be allowed apreference right of entry for sixty days from said date.

The Chief of the Bureau of Public Lands or any public official becomingaware of the existence of any of the grounds above stated, forimpeaching or cancelling the entry, may file formal complaint againstthe entry on such ground which, if proven, shall cause the cancellationof the entry.

Sec. 9. No patent shall issue under the provisionsof this chapter until the land has been surveyed under the direction ofthe Chief of the Bureau of Public Lands and an accurate plan madethereof, the cost of which survey shall be borne by the InsularGovernment.

CHAPTER II
SALES OF PORTIONS OF THE PUBLIC DOMAIN

Sec. 10. Any citizen of the Philippine Islands, orof the United States or of any insular possession therefor, or anycorporation or like association of persons organized under the laws ofthe Philippine Islands or of the United States or any state, territory,or insular possession thereof, and authorized to transact business inthe Philippine Islands, may purchase any tract of unoccupied,unappropriated and unreserved non-mineral agricultural public land inthe Philippine Islands, as defined in the Act of Congress of Julyfirst, nineteen hundred and two, not to exceed sixteen hectares for anindividual or one thousand and twenty-four hectares for an individualor one thousand and twenty-four hectares for a corporation or likeassociation, by proceeding as hereinafter provided in this chapter,provided, that no association of persons not organized as above and nomore partnership shall be entitled to purchase a greater quantity thanwill equal sixteen hectares for each member thereof.

Sec. 11. Purchases made under the provisions ofthis chapter of land previously surveyed must be made of contiguouslegal subdivisions. All lands purchases hereunder, whether previouslysurveyed or not, in case the tract sought to be purchased exceedssixty-four hectares in area, must be taken, wherever possible, in theform of contiguous squares which shall contain at least sixty fourhectares each, provided, That in connection with the purchase of landsin one or more tracts of sixty-four hectares there may be purchased onerectangular tract of thirty-two hectares, the longer side of which mustbe contiguous to the square tract of sixty four hectares, or to one ofsuch tracts if more than one be purchased. In no case may landspurchased under the provisions of this chapter be taken in such manneras to gain any such control of any adjacent land, water, stream, shoreline, way, roadstead, or other valuable right as might be prejudicialto the interests of the public.

Sec. 12. An application to purchase land underthis chapter must be filed with such officer as may designated by lawas local land officer, or in case there be no such officer then withthe Chief of the Bureau of Public Lands. It must be executed under oathand must state the citizenship of the applicant and his post-officeaddress; the location of the land desired, stating the province,municipality, and barrio in which the same is situated, and as accuratea description as can be given, showing the boundaries of the land,having reference to natural objects and permanent monuments, if any; astatement as to whether any part of the land is occupied or improved,and that it is non-mineral in character, more valuable for agriculturalthan for forestry purposes, and does not contain deposits of coal orsalts. The application of a corporation must be accompanied by acertified copy of its charter or articles of incorporation. Anunincorporated association must show that its members are severallypossessed of the qualifications above required of individuals. In thecase of a corporation or association organized outside of thePhilippine Islands there must be attached to the application properdocumentary evidence that the law governing the transaction of businessin the Philippine Islands by foreign corporations or associations hasbeen complied with.

Sec. 13. It shall be the duty of the Chief of theBureau of Public Lands to examine all applications to purchase underthis chapter, and to determine whether the applicant has thequalifications acquired in section ten thereof, and from thecertificate of the Chief of the Bureau of Forestry to determine whetherthe land applied for is more valuable for agricultural than forestrypurposes. He shall report his findings to the Secretary of theInterior, who, after proper consideration and approval of same, shallorder the sale to be made.

It shall also be the duty of the Chief of the Bureau of Public Lands toappraise the land applied for under this chapter, which appraisementshall not be less than ten pesos, Philippine currency, per hectare, andin making this appraisal he may call to his assistance any provincialor municipal official of the province in which the land lies, when theland shall have been appraised, as herein above provided, the Chief ofthe Bureau of Public Lands shall advertise the same for sale, bypublishing a notice thereof once a week for six consecutive weeks, intwo newspapers, one published at Manila and the other (if any suchthere be) published near the land applied for, such notices to bepublished in both the English and Spanish languages. The Chief of theBureau of Public Lands shall, with the approval of the Secretary of theInterior, prescribe, in addition to the publication in newspapers, asuitable method of posting notice upon the land sought to be purchasedor in the pueblo where the land is situated. The notices shall state adate not earlier than ten days after the date of the last publicationof the notice in the newspaper published at Manila, upon which date theChief of the Bureau of Public Lands will award the land to the highestbidder, or will call for new bids, or otherwise proceed as provided bylaw.

Sec. 14. All bids must be sealed and addressed tothe Chief of the Bureau of Public Lands, and must have enclosedtherewith a certified check or a post-office money order payable to hisorder, for twenty-five per centum of the amount of the bid, whichamount shall be retained, in case the bid is accepted, as part paymentof the purchase price: Provided, That no bids shall be considered whichare for less than the appraised value of the land.

Sec. 15. Upon the opening of the bids the landshall be awarded to the highest bidder. If there are two or morebidders which are higher than other bidders and are equal, and one ofsuch higher and equal bids is the bid of the applicant, his bid shallbe accepted. If, however, the bid of the applicant is not one of suchequal and higher bids, then the Chief of the Bureau of Public Landsshall at once submit the lands for public bidding, and to the personmaking the highest bid on such public auction the land shall beawarded, but no bid received at such public auction shall be finallyaccepted until the bidder shall have deposited twenty-five per centumof his bid, as required in section fourteen. The deposits of allunsuccessful bidders shall be returned at once by the Chief of theBureau of Public Lands. The Chief of the Bureau of Public Lands, withthe approval of the Secretary of the Interior, shall have authority toreject any and all bids hereunder.

Sec. 16. Lands sold under the provisions of thischapter must be paid for in the following manner: The balance of thepurchase price after deducting the amount paid by check or post officemoney order at the time of submitting the bid, may be paid in full uponthe making of the award, or may be paid in equal annual installments,or may be paid in one installment at the expiration of five years fromthe date of the award. All sums remaining unpaid after date of theaward shall bear six per centum interest per annum from such date untilpaid.

Sec. 17. No patent shall issue under theprovisions of this chapter until the land has been surveyed under thedirection of the Chief of the Bureau of Public Lands and as accurateplat made thereof. The cost of such survey must be borne by thepurchaser, if a corporation or like association, and if the survey bemade in advance of the regular surveys of the Island: but where thepurchaser is an individual the cost of the survey shall be borne by theInsular Government. Patents shall not be issued until after theexpiration of five years from the date of the award, and before thesame shall issue the purchaser must show actual occupancy, cultivation,and improvement of the premises for a period of five years immediatelysucceeding the date of the award, and that he has not sold the land orin any manner encumbered the title.

Sec. 18. If at any time after the date of theaward and before the issuance of patent, it is proven to thesatisfaction of the Chief of the Bureau of Public Lands after duenotice to the purchaser, that the purchaser has voluntarily abandonedthe land for more than one year at any time, or has otherwise failed tocomply with the requirements of the law, then the land shall bereverted to the Government and all prior payments of purchase moneyshall be forfeited.

Sec. 19. This chapter shall be held to authorizeonly one purchase of the maximum amount of land hereunder by the sameperson, or by the same corporation or association of persons; and nocorporation or association, any member of which shall have taken thebenefits of this chapter, either as an individual or as a member of anyother corporation or association shall purchase any other public landsunder this chapter.

Sec. 20. In the event of the death of anindividual applicant subsequent to the date of the filing of theapplicant and prior to the issuance of patent, the distributes of hisestate, as defined by law, may claim the privilege of being subrogatedto the rights of the deceased applicant, and if they consummate therequirements of law for purchasing land hereunder, patent shall issueto such distributes.

Sec. 21. If any land applied for under theprovisions of this chapter shall be actually occupied by any person whois qualified to make a homestead or other entry under the public landlaws of the Philippine Islands, or by any native who is entitled by lawto a free patent such person shall be personally served with notice asto his rights, and shall be allowed a preference right of one hundredand twenty days within which to make entry or apply for patent.

CHAPTER III
LEASES OF PORTIONS OF THE PUBLIC DOMAIN

Sec. 22. Any citizen of the United States, or ofthe Philippine Islands, or of any insular possession of the UnitedStates, or any corporation or association of persons organized underthe laws of the Philippine Islands, or of any state, territory, orinsular possession thereof, authorized by the laws of its creation andany by the laws of the Philippine Islands and the Acts of Congressapplicable thereto to transact business in the Philippine Islands, maylease any tract of unoccupied, unreserved, nonmineral agriculturalpublic lands, as defined by sections eighteen and twenty of the Act ofCongress approved July first, nineteen hundred and two providing atemporary government for the Philippine Islands, and so forth, notexceeding one thousand and twenty-four hectares, by proceeding ashereinafter in this chapter indicated; Provided, That no lease shall bepermitted to interfere with any prior claim by settlement or occupationuntil the consent of the occupant or settler is first had and obtained,or until such claim shall be legally extinguished; And provided,further, That no corporation or association of person shall bepermitted to lease lands hereunder which are not reasonably necessaryto enable it to carry one the business for which it was lawfullycreated and which it may lawfully pursue in the Philippine Islands.

Sec. 23. Leases made under the provisions of thischapter, of land previously surveyed, must be made of contiguous legalsubdivisions. All lands leased hereunder, whether previously surveyedor not, in case the tract sought to be leased exceeds sixty-fourhectares in area, must be taken where possible in the form ofcontiguous squares, which shall contain at least sixty-four hectareseach: Provided, That in connection with the lease of lands in one ormore tracts of sixty-four hectares there may be leased one rectangulartract of thirty two hectares, the longer side of which must becontinuous to the square tract of sixty four hectares, or to one ofsuch tracts if more than one be leased. In no case may lands leasedunder the provisions of this chapter be taken so as to gain a controlof adjacent land, water, stream, shore line, way, roadstead, or othervaluable right which in the opinion of the Chief of the Bureau ofPublic Lands would be prejudicial to the interests of the public.

Sec. 24. An application to lease land under thischapter must be executed under oath and filed with such officer as maybe designated by law as local land officer of the district in which theland is situated, or in case there be no such officer then with theChief of the Bureau of Public Lands; and must show the following facts:The citizenship and post office address of the applicant; the locationof the land, showing the province, municipality, and barrio in whichthe same is situated, and as accurate a description as may be given,showing the boundaries of the land, having reference to natural objectsand permanent monuments, if any, a statement as to whether the landcontains any improvements or evidences of settlement and cultivation,and a statement that it is nonmineral in character, more valuable foragricultural than for forestry purposes and does not contain depositsof coal and salts. Corporations and associations shall be required tofile evidence of their legal existence and authority to transactbusiness in the Philippine Islands.

Sec. 25. All applicants for the lease under theterms of this chapter must give notice, by publication and by suchother means as may be required by the Chief of the Bureau of PublicLands, with the approval of the Secretary of Interior, of intent tomake application to lease the tract in question, which notice shallstate the date when the application will be presented and shalldescribe as definitely as practicable the land sought to be leased.

Sec. 26. It shall be the duty of the Chief of theBureau of Public Lands to examine all applications for leases underthis chapter, and to determine whether the applicant has thequalifications required in section twenty-two hereof, and, from thecertificate of the Chief of the Bureau of Forestry, to determinewhether the land applied for is more valuable for agricultural thanforestry purposes, and further summarily to determine from availablerecords whether the land nonmineral and does not contain deposits ofcoal or salts. He shall report his findings to the Secretary ofInterior, who after proper consideration and approval of same, shallcause the lease to be executed.

Sec. 27. The rate per hectare per annum for landsleased under this chapter shall be fixed by the Chief of the Bureau ofPublic Lands, with the approval of the Secretary of the Interior, andshall in no case be less than fifty centavos, Philippine Currency, perhectare per annum, said rent shall be paid yearly in advance, the firstpayment being deposited with the Chief of the Bureau of Public Landsbefore the delivery of the lease.

Sec. 28. Leases hereunder shall run for a periodof not more than twenty-five years, but may be renewed for a secondperiod of twenty-five years, at a rate to be fixed as above indicated,which rate shall not be less than fifty centavos per hectare and shallnot exceed one peso and fifty centavos, Philippine currency perhectare. Land leased hereunder shall not be assigned or sublet withoutthe consent of the Bureau of Public Lands and the Secretary of theInterior.

Sec. 29. No land shall be leased under theprovisions of this chapter until the land has been surveyed under thedirection of the Chief of the Bureau of Public Lands and an accurateplat made thereof, the cost of the survey to be borne by the lessee.

Sec. 30. The lease of any lands under this chaptershall not confer the right to remove or dispose of any valuable timberexcept as provided in regulations of the Bureau of Forestry for cuttingtimber upon such lands. Nor shall such lease confer the right to removeor dispose of stone, oil, coal, salts, or other minerals, but the leaseas to the part thereof which shall be mineral may be cancelled by theChief of the Bureau of Public Lands, with the approval of the Secretaryof the Interior, whenever the mineral character of such part shall bemade satisfactorily to appear, after due notice of the lessee.

Sec. 31. The commission of waste or the violationof the forestry regulations by the lessee shall work a forfeiture ofhis last payment of the rent and render him liable to immediatedispossession and suit for damage.

CHAPTER IV
FREE PATENTS TO NATIVE SETTLERS

Sec. 32. Any native of the Philippine Islands nowas occupant and cultivator of unreserved, unappropriated agriculturalpublic land, as defined by the Act of Congress of July first, nineteenhundred and two, who has continuously occupied and cultivated suchland, either by himself or through his ancestors, since August first,eighteen hundred and ninety; or who prior to August first, eighteenhundred and ninety eighty continuously occupied and cultivated suchland for three years immediately prior to said date, and who has beencontinuously since July fourth, nineteen hundred and two, until thedate of the taking effect of this Act, an occupier and cultivator ofsuch land, shall be entitled to have a patent issued to him withoutcompensation for such tract of land, not exceeding sixteen hectares, ashereinafter in this chapter provided.

Sec. 33. Any person desiring to obtain thebenefits of this chapter unit, prior to January first, nineteen hundredand twenty-three file an application for a patent with such officer asmay be designated by law as local land officer, or in case there be nosuch officer then with the Director of Lands. Said application must beexecuted under oath, and must show the following facts: The name, age,and post-office address of the applicant; That he is a native of thePhilippine Islands; The location of the land desired, stating theprovince, municipality, and barrio in which the same is situated, andas accurate a description as may be given, showing the boundaries ofthe land, having reference to natural objects and permanent monuments,if any; That the land is not claimed or occupied by any other person; astatement as to date when the applicant or his ancestor giving the nameof the ancestor and stating his relationship to the applicant, enteredinto occupation and began cultivation, and a description of theimprovements which have been made. If the first occupation andcultivation is claimed through an ancestor, the applicant must show thename of such ancestor and must file satisfactory evidence of the dateand place of his death and burial, in which case the patent shall issuein the name of the heir or heirs of such ancestor as defined by thelaws of the Philippine Islands. (As amended by Act No. 2222).

Sec. 34. Upon receipt of the said application itshall be the duty of the Chief of the Bureau of Public Lands to cause acareful investigation to be made in such manner as he shall deemnecessary for the ascertainment of the truth of the allegations thereincontained and if satisfied upon such investigation that the applicantcomes within the provisions of this chapter, he shall cause a patent toissue for the tract to such applicant, or to the heirs of his ancestor,as provided in the next preceding section, not exceeding sixteenhectares in extent: Provided, That no application shall be finallyacted upon until notice thereof has been published in the municipalityand barrios in which the land is located, and adverse claimants havehad an opportunity to present their claims: And provided further, Thatno patent shall issue until the land has been surveyed under thedirection of the Chief of the Bureau of Public Lands and accurate platmade thereof.

Sec. 35. Lands acquired under the provisions ofthis chapter shall be inalienable and shall not be subject toencumbrances for a period of seven years from the date of the issuanceof the patent therefor, and shall not be liable for the satisfaction ofany debt contracted prior to the expiration of that period.

CHAPTER V
TOWN SITES

Sec. 36. Whenever in the opinion of the Secretaryof the Interior it shall be in the public interest to reserve a townsite from the public land or to acquire lands for such purpose by theexercise of the right of the eminent domain, he shall direct the Chiefof the Bureau of Public Lands to have made a survey if the exteriorboundaries of the land which he deems it wise so to reserve or acquire.

Sec. 37. Upon the completion and return of thesurvey mentioned in section thirty-six the Secretary of the Interiorshall forward the same to the Philippine Commission with hisrecommendations.

Sec. 38. The Commission, if it approve therecommendations of the Secretary of the Interior, shall pass aresolution reserving the land surveyed, or such part thereof as it maydeem wise, as a town site, and a certified copy of such resolutionshall be sent to the Chief of the Bureau of Public Lands, who shallrecord the same in the records of his office and forward a certifiedcopy of such record to the register of the province in which thesurveyed land lies.

Sec. 39. It shall then be the duty of the Chief ofthe Bureau of Public Lands, having recorded the resolution of theCommission and the preliminary survey accompanying the same, to directa subdivision and plat of the land, in accordance with the directionscontained in the resolution approving the same, if such resolutioncontain directions as to the method of subdivision, or if it contain nosuch direction, then in a manner which shall to the Chief of the Bureauof Public Lands seem best adapted to the convenience and interest ofthe public and the residents of the future town.

Sec. 40. The Commission, by resolution, or in theabsence of action in this regard by the Commission, the Chief of theBureau of Public Lands, shall reserve from the land to be platted, lotsof sufficient size and convenient situation for public uses, as well asthe necessary avenues, streets, alleys, parks, and plazas.

Sec. 41. The plat of the subdivision shalldesignate certain lots as business lots and the remainder as residencelots, and shall also reserve and note the lots of land owned by privateindividuals as evidenced by record titles, or as possessed and claimedby them as private property: Provided, however, that the avenues,streets, alleys, parks, plazas, and lots shall be laid out on the platas though the lands owned or claimed by private persons were part ofthe reservation, with a view to the possible subsequent purchase orcondemnation thereof if deemed necessary by the proper authorities.

Sec. 42. All lots, whether public or privatecontained in the exterior boundaries shall be platted and numbered upona general plan or system.

Sec. 43. The plat of the subdivision of thereserve town site thus prepared under the supervision of the Chief ofthe Bureau of Public Lands shall be submitted to the Secretary of theInterior for presentation of the Commission for its consideration,modification, amendment, or approval.

Sec. 44. The resolution of the Commissionapproving the plat shall provide whether the proceeds derived from thesale of lots shall be covered into the Insular Treasury as generalInsular funds, or as a special fund to be devoted to publicimprovements in or near the town site, and thereafter the receipts fromthe sale of lots shall be applied as provided in the resolution of theCommission.

Sec. 45. Where the proceeds of the sale are toconstitute a fund to be devoted to public improvements in or near thetown site, the same be expended by provided by law or resolution of theCommission.

Sec. 46. When the plat of subdivision is approvedby the Commission it shall be certified to the Chief of the Bureau ofPublic Lands, together with the resolution approving the same, and theChief of the Bureau of Public Lands shall record the same in therecords of his office and shall forward a certified copy of such recordto the registrar of the province in which the land lies, to be by suchregistrar recorded in the records of his office.

Sec. 47. All lots except those claimed by orbelonging to private owners and claimants and excepting such lots andtracts as may be reserved for parks, public buildings, and public uses,shall be sold under the direction of the Chief of the Bureau of PublicLands, as hereinafter in this chapter provided, and the Chief of theBureau of Public Lands, with the approval of the Secretary of theInterior, shall prescribe rules and regulations for disposal of lotshereunder.

Sec. 48. All lots in the reservation which aresubject to sale as above provided shall, if in the opinion of theSecretary of the Interior the value of the lots is sufficiently knownto make an appraisement useful, be appraised by a committee to beappointed by the Chief of the Bureau of Public Lands, with the approvalof the Secretary of the Interior.

Sec. 49. The lots in any such town site thusestablished and subject to sale, shall after the approval and recordingof the plat of subdivision as above provided, and after dueadvertisement, be sold at public auction to the highest bidder but nobid shall be accepted, in case of appraised lots, if the bid does notequal two thirds of the appraised value, and in the case of lots notappraised the bid shall not be accepted if in the judgment of the Chiefof the Bureau of Public Lands and Secretary of the Interior the bid isan inadequate price for lot.

Sec. 50. Not more than two residence lots and twobusiness lots in any one town site shall be sold to only one person,corporation, or association without the specific approval of theSecretary of the Interior.

Sec. 51. Lots which have been offered for sale inthe manner herein prescribed, and for which no satisfactory bid hasbeen received, shall be again offered for sale after due advertisement,and if at the second sale no satisfactory bid is received, they may besold at private sale by the Chief of the Bureau of Public Lands for notless than their value, as appraised by a committee to be appointed bythe Chief of the Bureau of Public Lands with the approval of theSecretary of the Interior.

Sec. 52. In any case in which, in the opinion ofthe Commission, it shall be necessary to condemn private lands withinthe reserved or proposed limits of a townsite, either for streets,alleys, parks, or as lots for public buildings or other public uses,the Commission shall pass a resolution declaring the necessity for thesame which resolution shall be certified to the Attorney-General, whoshall at once begin proceedings for the condemnation of the landsdescribed in the resolution in accordance with the provisions of theCode of Civil Procedure.

Sec. 53. Town sites constituted under theprovisions of this chapter on land forming a part of an existmunicipality shall remain within the jurisdiction of such municipalityuntil taken therefrom by legislative action of the Commission.

CHAPTER VI
UNPERFECTED TITLE AND SPANISH GRANTS AND CONCESSIONS

Sec. 54. The following described persons or theirlegal successors in right, occupying public lands in the PhilippineIslands, or claiming to own any such lands or an interest therein, butwhose titles to such lands have not been perfected, may apply to theCourt of Land Registration of the Philippine Islands for confirmationof their claims and the issuances of a certificate of title therefor,to wit:

1. All persons who prior to the transfer ofsovereignty from Spain to the United States had fulfilled all theconditions required by the Spanish laws and royal decrees of theKingdom of Spain for the purchase of public lands, including thepayment of the purchase price, but who failed to secure formalconveyance of title;

2. All persons who prior to the transfer ofsovereignty from Spain to the United States, having applied for thepurchase of public lands and having secured a survey, auction, and anaward, or a right to an award, of such lands, did not receive titletherefor through no fault upon their part;

3. All persons who prior to the transfer ofsovereignty from Spain to the United States, having applied for thepurchase of public lands and having secured a survey and award of same,did not through negligence upon their part, comply with the conditionsof full or any payment therefor, but who after such survey and awardshall have occupied the land adversely, except as prevented by war orforce majeure, until the taking effect of this Act;

4. All persons who were entitled to apply and didapply for adjustment or composition of title to lands against theGovernment under the Spanish laws and royal decrees in force prior tothe royal decree of February thirteen, eighteen hundred andninety-four, but who failed to receive title therefor through nodefault upon their part;

5. All persons who were entitled to a gratuitoustitle to public lands by "possessory proceedings" under the provisionsof articles nineteen and twenty of the royal decree of the king ofSpain issued February thirteen, eighteen hundred and ninety-four, andwho, having complied with all the conditions therein required failed toreceive title therefor through no default upon their part; and

6. All persons who by themselves or theirpredecessors in interest has been in the open, continuous exclusive,and notorious possession and occupation of agricultural public lands,as defined by said Act of Congress of July first, nineteen hundred andtwo, under a bona fide claim of ownership except as against theGovernment, for a period of ten years next preceding the taking effectof this Act except when prevented by war or force majeure, shall beconclusively presumed to have performed all the conditions essential toa government grant and to have received the same, and shall be entitledto a certificate of title to such land under the provisions of thischapter.

All applicants for lands under paragraphs one, two, three, four, andfive of this section must establish by proper official records ordocuments that such proceedings as are therein required were taken andthe necessary conditions complied with; Provided, however, that suchrequirements shall not apply to the fact of adverse possession.

Sec. 55. All persons claiming title to Governmentlands not coming within the classes specified in the preceding sectionare excluded from the benefits of this chapter.

Sec. 56. Any person or persons, or their legalrepresentatives or successors in right, claiming any land or interestin lands in the Philippines under the provisions of this chapter, andwho now desire or claim the right to have such title perfected must inevery case present an application in writing to the Court of LandRegistration praying that the validity of the alleged title or claim beinquired into and that a certificate of title issue to then under theprovisions of the Land Registration Act for the lands claimed.

Sec. 57. Such claims and applications shallconform as nearly as may in their material allegations to therequirements of an application for registration under the provisions ofsection twenty-one and subsequent sections of the Land RegistrationAct, and shall be accompanied by a plan of the land and all documentsevidencing a right on the part of the applicant to the land claimed.The application shall also set forth fully the nature of the claim tothe land, and when based upon proceedings initiated under Spanish lawsshall particularly state the date and form of the grant, concession,warrant, or order of survey under which the claim is made; by whom suchgrant, concession, warrant or order of survey was made; the extent ofthe compliance with the conditions required by the Spanish laws androyal decrees for the acquisition of legal title, and if not fullycomplied with the reason for such noncompliance, together with astatement of the length of time such land or any portion thereof hasbeen actually occupied by the claimant and his predecessors ininterest; the use made of the land, and the nature of the enclosure, ifany. The face provided to be paid for the registration of land underthe Land Registration Act shall be collected from applicants under thischapter, except that upon the original registration of land claimedhereunder no fee shall be required for the assurance fund.

Sec. 58. Any applicant for registration of landsunder the provisions of this chapter may, upon petition directed to theChief of the Bureau of Public Lands, and upon payment of the fees asregulated by law, secure a survey and plan of the lands claimed to beowned by him, which said plan shall be filed with his application inthe Court of Land Registration.

Sec. 59. Upon the filing of claims andapplications for registration in the Court of Land Registration, underthis chapter, the same procedure shall be adopted in the hearing ofsuch cases and in the matter of appeal as is by the Land RegistrationAct provided for other claims, except that a notice of all suchapplications, together with a plan of the lands claim, shall beimmediately forward to the Chief of the Bureau of Public Lands of thePhilippine Islands, who shall be represented in all question arisingupon the consideration of such applications by the Attorney-General ofthe Philippine Islands or by any subordinate or assistant to theAttorney-General appointed for that purpose.

Sec. 60. It shall be the duty of the examiner oftitles, upon reference to him of any such claim or application, toinvestigate all the facts alleged therein or otherwise brought to hisattention, and to make careful inquiry as to the period of occupationof the land by the claimant or his predecessors in interest; the natureof such lands; the character of the enclosure, if any, and the extentto which the land has been subjected to cultivation. He shall file afull report of his investigation in the case, concluding with acertificate of his opinion upon the merits of the claim.

Sec. 61. It shall be lawful for the Chief of theBureau of Public Lands, Whenever in the opinion of the Chief Executivethe Public interest shall require it, to cause to be filed in the Courtof Land Registration, through the Attorney-General, a petition againstthe holder, claimant, possessor, or occupant of any land in thePhilippine Islands who shall not have voluntarily come in under theprovisions of this chapter of the Land Registration Act stating insubstance that the title of such holder, claimant, possessor, oroccupant is open to question, or stating in substance that theboundaries of any such land which has not been brought into court asaforesaid are open to question and praying that the title to any suchland of the boundaries thereof or the right to occupancy thereof besettled and adjudicated. Such petition shall contain all the dataessential to furnish a full notice thereof to the occupants of suchland and to all persons who may claim an adverse interest therein, andshall be accompanied by a plan of the land in question. The court shallcause service of notice to be made as in other cases, and shall proceedto hear, try, and determine the questions stated in such petition orarising in the matter, and settle and determine the ownership of theland and cause certificate of title to be issued therefor, as in othercases filed under this chapter.

Sec. 62. Whenever any lands in the PhilippineIslands are set apart as town sites, under the provisions of chapterfive of this Act, it shall be lawful for the Chief of the Bureau ofPublic Lands, with the approval of the Secretary of the Interior, tonotify the judge of the Court of Land Registration that such lands havebeen reserved as a town site and that all private lands or intereststherein within the limits described forthwith to be brought within theoperation of the Land Registration Act, and to become registered landwithin the meaning of said Registration Act. It shall be the duty ofthe judge of said court to issue a notice thereof, stating that claimsfor all private lands of interests therein within the limits describedmust be presented for registration under the Land Registration Act inthe manner provided in Act Numbered six hundred and twenty sevenentitled "An Act to bring immediately under the operation of the landRegistration Act all lands lying within the boundaries lawfully setapart for military reservations, and all land desired to be purchasedby the Government of the United states for military purposes." Theprocedure for the purpose of this section and the legal effects thereofshall thereupon be in all respect as provided in sections three, four,five, and six of said Act numbered six hundred and twenty seven.

Sec. 63. All proceedings under this chapterinvolving title to or interest in land shall be conducted andconsidered as an application for registration of such land, and thefinal decrees of the court shall in every case be the basis for theoriginal certificate of title in favor of the person entitled to theproperty under the procedure prescribed in section forty one of theLand Registration Act.

Sec. 64. If in the hearing of any applicationarising under this chapter the court shall find that more than oneperson or claimant has an interest on the land, such conflictinginterests shall be adjudicated by the court and decrees awarded infavor of the persons or persons entitled to the land according to thelaws of the Philippine Islands, except that where the action isvoluntarily dismissed by the parties interested the order of the courtshall be merely one of dismissal without affecting title.

Sec. 65. Whenever, in any proceedings under thischapter to secure registration of an incomplete or imperfect claim oftitle initiated prior to the transfer of sovereignty from Spain to theUnited States, it shall appear that had such claim been prosecuted tocompletion under the laws prevailing when instituted, and under theconditions of the grant then contemplated, the conveyance of such landto the applicant would not have been gratuitous but would have involvedpayment therefor to the Government, then and in that event, the courtshall, after decreasing in when title should vest, further determinethe amount to be paid as a condition for the registration of the land.Such judgment shall be certified to the Bureau of Public Lands by theclerk of the court for collection of the amount due from the personentitled to conveyance. Upon payment to the Chief of the Bureau ofPublic Lands, of the price specified in the judgment, the case shall bereturned by him to the Court of Land Registration with a notation ofsuch payment, whereupon the registration of the land in favor of theparty entitled thereto shall be ordered by the court. If the applicantshall fail to pay the amount of money required by the decree within areasonable time after he received notice thereof the court may orderthe proceeding to stand dismissed and the title to the land shall thenbe in the Government free from any claim of the applicant.

Sec. 66. Whenever any judgment of confirmation orother decree of the court involving public lands shall become final,the clerk of the court shall certify that fact to the Bureau of PublicLands with a copy of the decree of confirmation or judgment of thecourt, which shall plainly state the location, boundaries and are asnearly as may be, of the tract involved in the decree or judgment, andshall be accompanied by a plan of the land as confirmed or acted uponby the court. In the event the original survey was made by the Bureauof Public Lands, and the decree of the court conforms thereto, nofurther proceedings shall be required. When the original survey wasmade by the applicant or where the tract confirmed by the court variedfrom the original survey as made by the Bureau of Public Lands, theChief of the Bureau of Public Lands shall immediately cause the tract,so confirmed by the court, to be surveyed at the cost of the InsularGovernment, and shall, when such survey has been approved by him,furnish a copy of same to the Court of Land Registration and to theapplicant, which survey when approved by the court, and unless objectedto by the applicant with thirty days, shall be conclusively presumed tobe correct. If objection is made to the survey by the applicant, thecourt, upon notice to the Bureau of Public Lands, shall hear suchobjections, and its action in the matter shall be final.

Sec. 67. No title to, or right or equity in, anypublic lands in the Philippine Islands may hereafter be acquired byprescription or by adverse possession or occupancy, or under or byvirtue of any laws in effect prior to American occupation, except asexpressly provided by laws enacted or provided since the acquisition ofthe Islands by the United States.

CHAPTER VII
GENERAL PROVISIONS

Sec. 68. The short title of this Act shall be "ThePublic Land Act."

Sec. 69. The Chief of the Bureau of Public Lands,under the supervision of the Secretary of the Interior, shall prepareand issue such forms and instructions, consistent with this Act, or maybe necessary and proper to carry into effect all the provisions thereofthat are to be administered by or under the direction of the Bureau ofPublic Lands, and for the conduct of all proceedings arising under suchprovision.

Sec. 70. While title to public lands in thePhilippine Islands remains in the Government, the Chief of the Bureauof Public Lands under the supervision of the Secretary of the Interiorshall be charged with the immediate executive control of the survey,classification lease sale, and other disposition and management thereofand the decisions of the Bureau as to questions of facts relating tosuch lands shall be conclusive when approved by the Secretary of theInterior.

Sec. 71. The Civil Governor, for reasons of publicpolicy, may, from time to time by proclamation, designate any tract ortracts of public lands in the Philippines as nonalienable, andthereafter the same shall be withdrawn from settlement, entry, sale orother disposition under any of the public land laws of the islandsuntil again made subject thereto by law of the islands.

Sec. 72. Provincial-secretaries and all otherpersons that may be designated as mining recorders shall, in theircapacities as such recorders, be subject to the supervision of theChief of the Bureau of Public Lands.

Sec. 73. All patents or certificates for landsdisposed of under this law shall be prepared in the Bureau of PublicLands and shall issue in the name of the United States and thePhilippine Government under the signature of the Civil Governor; butsuch patents or certificates shall be effective only for the purposesdefined in section one hundred and twenty two of the Land RegistrationAct, and the actual conveyance of the land shall be effected only asprovided in said section.

Sec. 74. All persons receiving title to Governmentlands under the provisions of this Act, shall hold such lands subjectto the same public servitudes as existed upon lands owned by privatepersons under the sovereignty of Spain, including those with referenceto the literal of the sea and the banks of navigable rivers or riversupon which rafting may be done.

Sec. 75. The beneficial use of water shall be thebasis, the measure, and the limit of all rights thereto in saidislands, and the patents herein granted shall be subject to the rightof the Government of these islands to make sure rules and regulationsfor the use of water and the protection of the water supply, and forother public purposes, as it may deem best for the public good.Whenever, by priority of possession, rights to the use of water formining, agricultural, manufacturing, or other purposes have vested andaccrued, and the same are recognized and acknowledged by the localcustoms, laws and decisions of the courts, the possessors and owners ofsuch vested rights shall be maintained and protected in the same, andall patents granted under this Act shall be subject to any vested andaccrued rights to ditches and reservoirs used in connection with suchwater rights as may have been acquired in the manner above describedprior to April eleventh eighteen hundred and ninety-nine.

Sec. 76. There is hereby reserved from theoperation of all patents, certificates, entries, and grants by theInsular Government authorized under this Act the right to use for thepurposes of power any flow of water in any stream running through or bythe land granted to convertible power from which at ordinary low waterexceeds fifty horsepower. Where the convertible power in any runningthrough or running by land granted under the authority of this Act thusexceeds fifty horsepower, and there is no means of using such powerexcept by the occupation of a part of the land granted under authorityof this Act, then no such land as is reasonably necessary for the millsite or site for the power house, and for a suitable dam and site formessing the water, is hereby excepted from such grant, not exceedingfour hectares, and a right of way to the nearest public highway fromthe land thus excepted, and also a right of way for the constructionand maintenance of such flumes, aqueducts, wires, poles, or otherconduits as may be needed in conveying the water to the point where itsfall will yield the greatest power, or the power from the point ofconversion or easement upon the land granted by authority of this Act;Provided, however, That when the government or any concessionaire ofthe Government shall take possession of land under this section which agrantee under this Act shall have paid for, supposing it to be subjectto grant under this Act, said grantee shall be entitled to indemnityfrom the Government or the concessionaire for the amount if any, paidby him to the Government for the land taken from him by virtue of thissection; And provided further, That with respect to the flow of water,except for converting the same into power exceeding fifty horsepower,said grantee shall be entitled to the same use of the water flowingthrough or along his land that other private owners enjoy by the lawsof the Philippine Islands, subject to the governmental regulationprovided in the previous section. Water power privileges in which theconvertible power are, ordinary low water shall exceed fifty horsepowershall be disposed of only upon terms to be embodied in a special Act ofthe Commission until a general law shall be passed concerning the use,lease, or acquisition of such water privilege.

Sec. 77. Any person who shall wilfully andknowingly submit or cause to be submitted any false proof, or who shallmake, or cause to be made any false affidavit in support of anyapplication or claim in any manner respecting the public lands of thePhilippine Islands, shall be deemed guilty of perjury and punishedaccordingly.

Sec. 78. The provisions of this Act shall extendand apply to all provinces and places of the Philippine archipelagoexcept the Moro provinces of Lepanto-Bontoc, Benguet, Paragua, andNueva Vizcaya; but the provisions of this Act or of any chapter hereofmay at any time by resolution of the Philippine Commission, be extendedover and put in force in any of the provinces or any part thereofhereby excepted from its operation.

Sec. 79. When this Act shall have been approved bythe President of the United States and shall have received the expressor implied sanction of Congress, as provided by section thirteen of theAct of Congress approved July first, nineteen hundred and two, entitled"An Act temporarily to provide for the administration of the affairs ofcivil government on the Philippine Island, and for other purposes suchfacts shall be made known by the proclamation of the civil Governor ofthe Island, and this Act shall take effect on the date of suchproclamation.

Enacted, October 7, 1903