Commonwealth Act No.

141
An Act to Amend and Compile laws Relative to Lands of the Public Domain

Sec. 1 - The Public Land Act

Sec. 2 Coverage of the law -Lands of the public domain except: Forest or timber lands and mineral lands (governed by special laws) friar lands, ( governed by Act 1120, CA 32 as amended by CA 316) privately owned lands but reverted to the State (governed by laws at present in force)

Sec. 3 Officer charged with carrying out the provisions of the law
The Secretary of the Environment and Natural Resources shall be the executive officer charged with carrying out the provisions of this Act through the Director of lands who shall act under his immediate control.

Sec. 4 Power of the Director of lands

Subject to said control, the Director of lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to QUESTIONS OF FACT shall be CONCLUSIVE when approved by the Secretary of the DENR.

Is the decision of the Director of lands reviewable by the Court?

Jurisdiction of the Director of Lands on questions of fact relating to the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain is EXCLUSIVE reviewable only if there is grave abuse of discretion

Sec. 5 Forms issued by the Director

The Director of lands with the approval of the Secretary, shall prepare and issue such forms, instructions, rules and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. the forms issued by the Director are accountable forms.

Sec. 6 Classification, Delimitation, and Survey of lands

The President, upon the recommendation of the Secretary of the DENR shall from time to time classify the lands of the public domain into: a.) Alienable or disposable (A&D) b. ) Timber, and c.) Mineral lands and may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition.

 Presidential issuances classifying lands of the public domain are called PROCLAMATIONS. Classification of lands may be changed from one class to another. What is the basis for reclassification? For the purposes of their administration and disposition.

Sec. 7 Declaration of lands open to disposition or concession

For the purposes of the administration of alienable or disposable public lands, the President, upon recommendation by the Secretary of Environment and Natural Resources, shall from time to time declare what lands are open to disposition or concession under this Act.

Posting
The Secretary shall cause to be posted in the barangay hall, the municipality or city hall, and the provincial capitol of the barangay, municipality, or city, and province, respectively, and to be published in a newspaper of general circulation in the province or city where the land is situated, a list of public lands declared open to disposition or concession, including those which have already been so declared before the approval of this amendatory Act but which have not yet been disposed of.

 Such posting and publication shall be made within 60 days from the date any portion of the public land is declared open to disposition or concession. No disposition or concession shall be valid unless the required posting and publication shall been complied with.

Sec. 8 Lands which may be declared open to disposition

Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when practicable, surveyed, and which have not been reserved for public or quasi-public uses, nor appropriated by the Government, nor in any manner become private property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, having been reserved or appropriated, have ceased to be so.

The President may, for reasons of public interest, declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed, or may, for the same reason, suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by Act of Congress.

 Section 8 is expressed in the negative the law enumerates what may not be declared open to disposition. The section also clarifies that survey of the land or establishment of boundaries is not necessary before a land can be declared open. The President is not the only authority/official who can declare lands open to disposition. Congress may also declare lands open for disposition.

Sec. 9 Classification of alienable lands

For the purpose of their administration and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purposes to which such lands are destined, as follows: a.) agricultural b.) residential, commercial, industrial or for similar productive purposes c.) educational, charitable, or other similar purposes d.) reservations for town sites and for public and quasipublic uses.

 The President, upon recommendation by the Secretary of Environment and Natural Resources, shall from time to time make the classifications provided for in this section, and ,may, at any time and in a similar manner, transfer lands from one class to another. Sec. 2, Art. XII of the Constitution says only AGRICULTURAL lands may be alienated. (Regalian Doctrine)

Sec. 10 Methods of alienation and disposition

The words ALIENATION, DISPOSITION, or CONCESSION as used in this Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands.

Forms of Concession of agricultural lands

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

Relevant Constitutional provisions

Who may acquire lands of the public domain? Sec. 3 and 7, Art. XII of the Constitution 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 domain except by lease, for a period not exceeding 25 yrs, renewable for not more than 25 yrs and not to exceed 1,000 has. in area. Citizens of the Philippines may lease not more than 500 has., or acquire not more than 12 has. thereof by purchase, homestead, or grant.

Homesteads
Sec. 12 Who are qualified? Any citizen of lawful age (18 yrs), who does not own more than 12 has. of land in the Philippines or has not had the benefit of any gratuitous allotment, may enter a homestead of not exceeding 12 has. of agricultural land of the public domain.

Sec. 13 filing of application

Upon the filing of an application for a homestead, the Director of Lands, if he finds that the application should be approved, shall do so and authorize the applicant to take possession of the land, upon payment of the entry fee. Within six (6) months from and after the date of the approval of the application, the applicant shall begin to work the homestead, otherwise, he shall lose his prior right to the land.

Sec. 14 Homestead patent

No certificate shall be given or patent issued for the land applied for until at least 1/5 of the land has been improved and cultivated. The period within which the land shall be cultivated shall not be less than 1 or more than 5 yrs., from and after the date of the approval of the application. The applicant shall, within the said period, notify the Director of Lands as soon as he is ready to acquire the title. If at the date of such notice, the applicant shall prove to the satisfaction of the Director, that he has resided continuously for at least one yr in the municipality in which the land is located, or in a municipality adjacent to the same, and has cultivated at least 1/5 of the land continuously since the approval of the application, and shall make affidavit that not part of said land has been alienated or encumbered, and that he has complied with all the requirements of this Act, then upon the payment of a final fee, he shall be entitled to a patent.

Sec. 15 Payment of fees

Payment shall be made to the DENR offices, CENRO, PENRO or RED. Relate to EO 192, An Act Reorganizing the DENR

Sec. 16 Grounds for cancellation of entry

If at any time before the expiration of the period allowed by law for the making of the final proof, it shall be proven to the satisfaction of the Director of Lands, after due notice to the homesteader, that the land entered is under the law not subject to homestead entry, or that the homesteader has actually changed his residence, or voluntarily abandoned the land for more than 6 months at any one time during the years of residence and occupation herein required, or has otherwise failed to comply with the requirements of this Act, the Director of Lands may cancel the entry.

Sec. 17 Due notice to the public

Before final proof shall be submitted by any person claiming to have complied with the provisions of this chapter, due notice as prescribed by the Secretary shall be given to the public of his intention to make such proof,, stating therein the name and address of the homesteader, the description of the land, with its boundaries and area, the name of the witness by whom it is expected that the necessary facts will be established, and the time and place at which, and the name of the officer before whom, such proof will be made.

Sec. 18 Incapacity of homesteader

In case the homesteader shall suffer from mental alienation, or shall for any other reason be incapacitated from exercising his rights personally, the person legally representing him may offer and submit the final proof on behalf of such incapacitated person.

Sec. 19 Only one homestead entry

Not more than one homestead shall be allowed to any one person, and no person (individual Filipino citizen) to whom a homestead patent has been issued by virtue of the provisions of this Act regardless of the area of his original homestead, may again acquire a homestead. Provided, however, That any previous homesteader, who has been issued a patent for less than 12 has. and otherwise qualified to make a homestead entry, may be allowed another homestead which, together with his previous homestead shall not exceed an area of 12 has.

Sec. 20 Transfer of rights

If at any time after the approval of the application and before the patent is issued, the applicant shall prove to the satisfaction of the Director of Lands that he has complied with all the requirements of the law, but cannot continue with his homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements of the applicant on the land, and that the conveyance is not made for purposes of speculation, then the applicant, with the previous approval of the Director of lands may transfer his rights to the land and improvements to any person legally qualified to apply for a homestead, and immediately after such transfer, the purchaser shall file a homestead application for the land so acquired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser.

Prohibitions on transfer
Any person who has so transferred his rights may not again apply for a new homestead. Every transfer made without the previous approval of the Director of lands shall be null and void and shall result in the cancellation of the entry and the refusal of the patent.

Sale
Who are qualified? Only individual Filipino citizen, 18 yrs of age may purchase any tract of public agricultural land disposable under this Act, not to exceed 12 has. Corporations, associations holding agricultural public lands before the 1987 Constitution shall be authorized to continue holding the same, but they shall not encumber, convey, or alienate the same to persons, corporations, associations or partnerships except by reason of hereditary succession, duly legalized and acknowledged by competent courts.

Sec. 24 Notice of Sale

Lands sold must be appraised in accordance with section 116. The Director of Lands shall announce the sale thereof by publishing the proper notice once a week for 6 consecutive wks in the OG, and in 2 newspapers, one published in Manila and in the most conspicuous place in the provincial building and the municipal building of the province and municipality, respectively, where the land is located, and if practicable, on the land itself, but if the value of the land does not exceed P200, the publication in the Official Gazette and newspapers may be omitted..

 The notices shall be published one in English and the other in Spanish or in the local dialect, and shall fix a date not earlier than sixty (60) days after the date of the notice upon which the land will be awarded to the highest bidder, or public bids will be called for, other action will be taken as provided herein.

Sec. 25 sale to actual occupants within the city/municipality

Public agricultural lands which are not located within 10 km from the boundaries of the city proper in chartered cities or within 5km from the municipal hall or town plaza of any municipality may be sold to actual occupants who do not own any parcel of land or whose total landholdings do not exceed 5 has. and who comply with the minimum requirements of CA 141, as amended, and who have resided on the land applied for at least 2 yrs prior to the date of the application.

Sealed bids
All bids must be sealed and addressed to the Director of lands and must have inclosed therewith cash or certified check, treasury warrant, post office money order payable to the order of the Director of Lands for 10% of the amount of the bid, which amount shall be retained in case the bid is accepted as part payment of the purchase price.

 No bid shall be considered the amount of which is less than the appraised vale of the land, In addition to existing publication requirements in sec. 24, notices of applications shall be posted for a period of not less than 30 days in at least 3 conspicuous places in the municipality where the parcel of land is located, one of which shall be at the municipal building and other, in the barrio council building of the barrio where the land located.

Sec. 26 opening of bids

Upon the opening of the bids, the land shall be awarded to the highest bidder. If there are 2 or more equal bids which are higher than the others, and one such equal bids is that of the applicant, his bid shall be accepted. If however, the bid of the applicant is not one of such equal and higher bids, the Director of Lands shall at once submit the land for public bidding, and to the person making the highest bid on such public auction the land shall be awarded. The applicant shall always have the option of raising his bid to equal that of the highest bidder, and in this case the land shall be awarded to him.

Authority to accept bids

No bid received at such public auction shall be finally accepted until the bidder shall have deposited 10% of his bid as required in sec. 25. Acceptance of bid and processing of applications refer to authority of DENR officers pursuant to EO 192

Sec. 27 payment of purchase price

The purchase price shall be paid as follows: The balance of the purchase price after deducting the amount paid at the time of submitting the bid, may be paid in full upon the making of the award, or in not more than 10 equal annual installments from the date of the award.

Sec. 28 Requirement of occupancy and cultivation

The purchaser shall have not less than 1/5 of the land broken and cultivated within 5 yrs after the date of the award; and before any patent is issued, the purchaser must show actual, cultivation and improvement of at least 1/5 of the land applied for until the date on which final payment is made. In case land purchased is to be devoted to pasture, it shall be sufficient compliance with this condition if the purchaser shall graze on the land as many heads of his cattle as will occupy at least of the entire area at the rate of one head per hectare.

Sec. 29 Prohibition to dispose

After title has been granted, the purchaser may not, within a period of TEN yrs from such cultivation or grant, convey or encumber or dispose said lands or rights thereon to any person without prejudice to any right or interest of the government in the land. Any sale and encumbrance made in violation of the provisions of this section, shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the State, and all payments on the purchase price theretofore made to the government shall be forfeited.

Sec. 30 Abandonment of land

If at any time after the date of the award and before the issuance of the patent, it is proved to the satisfaction of the Director of lands, after due notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the State, and all prior payments made by the purchaser and all improvements existing on the land shall be forfeited.

LEASE
Sec. 33 Any Filipino citizen of lawful age and any (Filipino) corporation or association of which at least 60% of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines, and which is organized and constituted under the laws of the Philippines, may LEASE any tract of agricultural public land available for lease under the provisions of this Act. 1000 has for corporations 12 has - for individuals Pasture leases in forest lands shall be governed by PD 705 as amended. Pasture leases in agricultural public land is limited to 18 50% in slope and maximum area of 1000 has.

Conditions in the grant of lease

No member, stockholder, officer, representative, attorney, agent, employee, or controlling agricultural public land shall apply directly or indirectly, for agricultural public land except under the homestead and free patent provisions of this Act. No lease shall be permitted to interfere with any prior claim by settlement or occupation, until the consent of the occupant or settler is first had, or until such claim shall be legally extinguished, and no person, corporation or association shall be permitted to lease lands hereunder which are not 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 Philippines, if an association or corporation.

 The lease granted shall not interfere with any prior claim - if area is an ancestral domain, then it cannot be subject of lease unless consent is had from the occupant/ claimant. The land leased shall be used to carry out the business of the lessee whether individual or corporation.

Sec. 34 Notice of auction

A notice of the date and place of the auction of the right to lease the land shall be published and announced in the same manner as that prescribed for the publication and announcement of the notice of sale, in sec. 24 of this Act. Applications for lease shall undergo the same procedure as that of sales patent.

Sec. 35 Bidding
All bids must be sealed and addressed to the CENRO/PENRO/RED and must have enclosed therewith cash or a certified check, treasury warrant or post office money order to the order of the CENRO/PENRO/RED for a sum equivalent to the rental for at least, the first three months of the lease. No bid shall be considered in which the proposed annual rental is less than 3% of the value of the land according to the appraisal made in conformity with sec. 116 of this Act.

Sec. 36 Auction procedure

The auction of the right to lease the land shall be conducted under the same procedure as that prescribed for the auction sale of agricultural lands as described in sec. 26 of this Act. No bid shall be accepted until the bidder shall have deposited the rental for at least the first three months of the lease.

Sec. 37 Annual rental

The annual rental of the land leased shall not be less than 3% of the value of the land, according to the appraisal and reappraisal make in accordance with sec 116; EXCEPT for lands RECLAIMED by the government, which shall not be less than 4% of the appraisal and reappraised value of the land. If the land leased is adapted to and be devoted for grazing purposes, the annual rental shall not be less than 2% of the appraised and reappraised value thereof.

Reappraisal of land
Every contract of lease shall contain a clause to the effect that a reappraisal of the land leased shall be made every 10 yrs from the date of the approval of the lease, if the term of the same shall in in excess of ten yrs. In case the lessee is not agreeable to the reappraisal and prefers to give up his contract of lease, he shall notify the DENR of his desire within the six months next preceding the date on which the reappraisal takes effect and in case his request is approved, the CENRO/PENRO/RED may, if the lessee should so desire, proceed in accordance with sec. 100.

Advance payment of rent

The rent, which shall be paid yearly in advance, shall accrue from the date of the approval of the lease, and the full payment for the first year shall be made in the DENR before the execution of the contract.

Sec. 38 term of lease

Leases shall run fro a period of not more than 25 yrs, but may be renewed once for another period not to exceed 25 yrs, in case the lessee shall have made important improvements which, in the discretion of the Secretary of DENR justify a renewal. Upon the final expiration of the lease, all buildings and other permanent improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the government, and the land together with the said improvements shall be disposed of in accordance with this Act ( Chapter 5 provisions on sale).

Sec. 39 Conditions of lease

It shall be an inherent and essential condition of the lease that the lessee shall have not less than 1/3 of the land broken and cultivated within 5 yrs after the date of the approval of the lease. In case the land leased is devoted to pasture, it shall be sufficient compliance with this condition if the lessee shall graze on the land as many heads of cattle as will occupy at least 1/2 of the entire area at the rate of one head per hectare.

Sec. 40 Prohibition on sublease

The lessee shall not assign, encumber, or sublet his rights without the consent of the Secretary of DENR, and the violation of this condition shall avoid the contract. The assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case. Nothing shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Act to persons, corporations, or associations which under this Act are not authorized to lease public lands.

Sec. 41 No right to remove timber/minerals

The lease of any public lands shall not confer the right to remove or dispose of any valuable timber except as provided by PD 705 as amended, for cutting timber on A&D lands. Nor shall such lease confer the right to remove or dispose of minerals upon the same. The lease as to the part of the land which shall be mineral may be cancelled by the Secretary after notice to the lessee, whenever the said part of the land is more valuable for agricultural purposes.

Commission of violations of other laws

The commission of waste or violation of forestry and other environmental laws, rules and regulations by the lessee shall work a forfeiture of his last payment of rent and render him liable to immediate dispossession and suit for damage. takes into consideration the recent environmental laws.

Sec. 42 Successive lease

After having paid rent for at least the first two years of the lease, and having complied with the requirements prescribed in sec 39 (requirements of cultivation), the lessee of agricultural public land with an area less than the maximum allowed by law, may lease successively additional agricultural public land adjacent to or near the land originally leased until the total area of such leases shall reach the maximum established. In making such additional lease, the same conditions shall be complied with as prescribed by this Act for the first lease.

Sec. 43 Life of lease

During the life of the lease, any lessee who shall have complied with all the conditions thereof and shall have the qualifications required by sec 22 shall have the option of purchasing the land leased subject to the restrictions of chapter 5 ( on sale). Refers only to qualified individual Filipino citizens.

Free Patents
Who is qualified? Sec. 44. Any natural born citizen who is not the owner of more than twelve (12) hectares and who, for at least thirty (30) years 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, who shall have paid the real estate tax thereon while the same has not been occupied by any person shall be entitled, to have a free patent issued to him for such tract or tracts of such land not to exceed 12 has.

Cultural communities
A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or thru his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the same rights. (Read IPRA Law Indigenous people) 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.

RA 9176
An Act Extending the period until Dec. 31, 2020 for the filing of applications for administrative legalization (free patent) and judicial confirmation of imperfect and incomplete titles to alienable and disposable lands of the public domain, amending the Public Land Act (CA 141).

Sec. 45 of CA 141 is amended:

The President of the Philippines, upon recommendation of the Secretary of Environment and Natural Resources, shall from time to time fix by proclamation the period within which applications for free patents may be filed in the CENRO or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President, all the lands comprised within such district, chartered city, province, municipality or region subject thereto under the provisions of this Chapter may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent.

 The time to be fixed in the entire Archipelago for the filing of applications for free patent shall not extend beyond December 31, 2020. The period shall apply only when the area applied for does not exceed 12 has. The period fixed for any district, chartered city, province or municipality shall take effect 30 days after the publication of the proclamation in one newspaper of general circulation in the city, province or municipality concerned. A certified copy of said proclamation shall be furnished by the Secretary within 30 days counted from the date of the presidential proclamation to the CENRO and to the provincial board and municipal board or city council and barangay council affected.

 Copies of the proclamation shall be posted on the bulletin board of the CENRO and at such conspicuous places in the provincial capitol. It shall moreover be announced and aired over the government station in the concerned local area. Publication in the area will be done 30 days after publication of the proclamation.

Sec. 46 issuance of patent

If after the filing of the application and the investigation, the Director of Lands shall be satisfied of the truth of the allegations contained in the application and that the applicant comes within the provisions of this Chapter, he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated, provided its area does not exceed 12 has. No application shall be acted upon until notice thereof has been published in the municipality and barrio in which the land is located and adverse claimants have had an opportunity to present claims. Ocular inspection is conducted and verification in the Survey log book is done to check if the applicant is the survey claimant.

Judicial Confirmation of Imperfect or Incomplete Titles

Sec. 47 is amended by RA 9176 The persons (individuals) specified in Sec. 48 are granted time, not to extend beyond Dec. 31, 2020 within which to avail of the benefits of free patents. The period shall apply only the area applied does not exceed 12 has. The several periods of time designated by the President in accordance with Sec. 45 of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior to the period fixed by the President.

Sec. 48
Who may avail? The ff citizens, occupying lands of the public domain or claiming to won such lands or an interest therein, but whose titles have not been perfected or completed may apply to the RTC of the province/MTC of the city/municipality where the land is located for confirmation of their claims and the issuance of a certificate of title thereafter, under the Land Registration Act. Read Expanded Jurisdiction Law - the first level courts have delegated authority to hear cadastral proceeding

Jurisdictional amount
As provided by RA 7691 Expanded Jurisdiction Law What determines jurisdiction is the assessed value of land If not contested, regardless of the assessed value, if contested: up to P100,000 - with first level courts above P100,000 - with RTC

 a.) those who have been issued Spanish decree 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 when 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, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications.

 b.) same qualifications for free patent Those who by themselves or thru their predecessors in interest have been, in continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least 30 years immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. Those 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.

 c.) members of cultural minorities - governed by IPRA law No title has been issued. The title issued is pursuant to the present registration laws. If title has already been issued, the action will not prosper because the Court would not have jurisdiction over the petition for registration. Read Spouses Mariano vs. LRA GR 10137 March 1, 1998

Sec. 49 who can claim title

No person claiming title to lands of the public domain not in possession of the qualifications specified in Sec. 48 may apply for the benefits of this Chapter. ONLY those in possession of the qualifications can apply and claim title.

Sec. 50 Application for registration

Who can file? Any person or persons, or their legal representatives or successors in right, claiming any lands or interest in lands must present an application to the proper Court, praying that the validity of the alleged title or claim be inquired into and that a certificate of title be issued to them under the provisions of the Land Registration Act.

Application Form
The application shall conform as nearly as may be in its material allegations to the requirements of an application for registration under the Land Registration Act, and shall be accompanied by a PLAN of the land and all documents evidencing a right on the part of the applicant to the land claimed. The application shall also state the citizenship of the applicant and shall set forth fully the nature of the claim.

 When based upon proceedings initiated under Spanish laws it shall specify as exactly as possible the date and form of application for purchase, composition or other form of grant, the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title, and if not fully complied with, the reason for such non-compliance, together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessorsin-interest; the use made of the land, and the nature of the inclosure, if any. The fees fees paid for the registration of lands under the LRAct shall be collected from the applicants.

Sec. 51 Where application is filed

Applications for registration shall be heard in COURT in the same manner and shall be subject to the same procedure as established in the LRAct for other applications, except that a notice of all such applications, together with a PLAN of the lands claimed shall be immediately forwarded to the Director of Lands, who may appear as a party in such cases. COURT refer to the Expanded Jurisdiction Law

 Prior to the publication for hearing, all of the papers in said case shall be transmitted by the clerk to the Solicitor General or officer acting in his stead, in order that he may, if he deems it advisable for the interests of the Government, investigate all of the facts alleged in the application or otherwise brought to his attention. The final decree of the court shall in every case be the basis for the original certificate of title in favor of the person entitled to the property under the procedure prescribed in Sec. 41 of the LRAct.

 In cadastral proceedings, the Republic (being the owner of the land) is always a party and counseled by the Solicitor General. The Director of Lands is the officer represented by the Solicitor General. The Director of Lands is under the control of the Secretary who is in charge with the survey, classification and disposition of lands of the public domain. The PLAN is the survey/ subdivision plan approved by the Bureau of Lands, surveys division. Relate with EO 192 Read Vda. De Neri vs. Republic 2004 Submission of the plan is jurisdictional.

Sec. 53 Opposition by the Republic

It shall be lawful for the Director of Lands whenever in the opinion of the President the public interests shall require it, to cause to be filed in the proper Court, thru the Solicitor General or the officer acting in his stead, petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this Chapter or the LRAct, stating in substance that:

Grounds for the opposition

The title of such holder, claimant, possessor, or occupant is open to discussion That the boundaries of any such land which has not been brought into court are open to question; That it is advisable that the title to such lands be settled and adjudicated The solicitor General will then pray that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and adjudicated. The judicial proceedings shall be in accordance with the laws on adjudication of title in cadastral proceedings.

Sec. 54 more than one claimant

If in the hearing of any application, the court shall find that more than one person or claimant has an interest in the land, such conflicting interests shall be adjudicated by the court and decree awarded in favor of the person/s entitled to the land according to the laws, but if none of said persons is entitled to the land, or if the person who might be entitled to the same lacks the qualifications required by this Act for acquiring agricultural land of the public domain, the decision shall be in favor of the government. - the land continues to be part of the mass of land of the public domain

Sec. 55
Whenever, in any proceedings to secure registration of an incomplete or imperfect claim of title initiated prior to the transfer of sovereignty from Spain to the US, it shall appear that had such claims been prosecuted to completion under the laws prevailing when initiated, and under the conditions of the grant then contemplated, the conveyance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the Government, the Court shall after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registration of the land. Court may order PAYMENT for the land.

 Such judgment shall be certified to the Director of Lands by the coc for collection of the amount due from the person entitled to conveyance. Upon payment to the Director of the price specified in the judgment, he shall so certify to the proper Court and said court shall forthwith order the registration of the land in favor of the competent person entitled thereto. If said person shall fail to pay the amount of money required by the decree within a reasonable time fixed in the same, the court shall order the proceeding to stand dismissed and the title to the land shall then be in the State free from any claim of the applicant.

Sec. 56
Whenever any judgment of confirmation or other decree of the court shall become final, the coc concerned shall certify that fact to the Director of Lands, with a certified copy of the decree of confirmation or judgment of the court and the plan and technical description of the land involved in the decree or judgment of the court.

Sec. 57
No title or right to, or equity in, any lands of the public domain may hereafter be acquired by prescription or by adverse possession or occupancy, or under or by virtue of any law in effect prior to American occupation, except as expressly provided by laws enacted after said occupation of the Philippines by the US. This section refers to vested rights which accrued after the American occupation.