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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. 54. No title to, or right 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 Philippine Islands by the United States.
TITLE III.-LANDS FOR COMMERCIAL OF INDUSTRIAL PURPOSES AND OTHER SIMILAR PRODUCTIVE PURPOSES.
CHAPTER IX.-Classification and concession of public lands suitable for commerce and industry.
SEC. 55. Any tract of land of the public domain which, being neither timber nor mineral land, shall be classified as suitable for residential purposes or for commercial, industrial, or other productive purposes other than agricultural purposes, and shall be open to disposition or concession, shall be disposed of under the provisions of this chapter, and not otherwise.
SEC. 56. The lands disposable under this title shall be classified as follows: (a) Lands reclaimed by the Government by dredging, filling, or other means; (b) Foreshore;
(c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers;
(d) Lands not included in any of the foregoing classes.
SEC. 57. Any tract of land comprised under this title may be leased or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for agricultural purposes. The area of the land so leased or sold shall be such as shall, in the judgment of the Secretary of Agriculture and Natural Resources, be reasonably necessary for the purposes for which such sale or lease is requested, and shall in no case exceed ten hectares: Provided, however, That this limitation shall not apply to grants, donations, or transfers made to a province, municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest; but the land so granted, donated, or transferred to a province, municipality, or branch or subdivision of the Government shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except when authorized by the Legislature: Provided, further, That any person, corporation, association, or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act, may purchase or lease land included under this title suitable for industrial or residence purposes, but the title or lease granted shall only be valid while such land is used for the purposes referred to.
SEC. 58. The lands comprised in classes (a), (b), and (c) of section fifty-six shall be disposed of to private parties by lease only and not otherwise, as soon as the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall declare that the same are not necessary for the public service and are open to disposition under this chapter. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act.
SEC. 59. The lands reclaimed by the Government by dredging, filling, or otherwise shall be surveyed and may, with the approval of the Secretary of Agriculture and Natural Resources, be divided by the Director of Lands into lots and blocks, with the necessary streets and alleyways between them, and the Secretary of Agriculture and Natural Resources shall give notice to the public, by publication in the Official Gazette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes.
SEC. 60. If, upon receipt of applications for the lease or purchase of any of the lands covered by this chapter, the Secretary of Agriculture and Natural Resources shall decide that the lots or blocks so applied for are suited to the purposes for which they are requested and are not needed for public purposes, he shall give notice by public advertisement that such applications have been made and that the Government will lease or sell, as the case may be, the lots or blocks specified in the advertisement, for the purpose for which they have been applied for and subject to the conditions specified in this chapter.
SEC. 61. The leases executed under this chapter by the Secretary of Agriculture and Natural Resources shall, among other conditions, contain the following:
(a) The rental shall not be less than three per centum of the appraised and reappraised value of the lands and improvements, except in the case of foreshore, marshes, and lands covered with water, in which the rental shall not be less than one per centum of the appraised or reappraised value of the improvements.
(b) The land rented, or the improvements thereon, as the case may be, shall be reappraised every ten years if the term of the lease is in excess of that period.
(c) The term of the lease shall be as prescribed by section thirty-seven of this Act.
(d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is applied for and shall commence the construction thereof within six months from the date of the execution of the contract.
(e) At the expiration of the lease or of any extension of the same, all improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government.
(f) The regulation of all rates and fees charged to the public, and the annual submission to the Government for approval of all tariffs of such rates and fees.
(g) The continuance of the easements of the coast police and other easements reserved by existing law or by any laws hereafter enacted by the Legislature. (h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land.
The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The Secretary of Agriculture and Natural Resources may, however, upon recommendation by the Secretary of Commerce and Communications, and subject to such conditions as he may prescribe, waive the rescission arising from a violation of the conditions of subsection (d), or extend the time within which the construction of the improvements shall be commenced and completed.
SEC. 62. The sale of the lands comprised in class (d) of section fifty-six shall, among others, comprise the following conditions:
(a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased, and shall commence work thereon within six months from the date of the purchase; otherwise the Secretary of Agriculture and Natural Resources may, upon recommendation by the Secretary of Commerce and Communications, rescind the contract. (b) The purchase price shall be paid cash down.
The contract of sale may contain other conditions not inconsistent with the provisions of this Act.
SEC. 63. The kind of improvements to be made by the lessee or the purchaser, and the plans thereof, shall be approved by the Secretary of Commerce and Communications, in case they are constructions or improvements which, if made by the Government, will properly have to be executed under the supervision of the Bureau of Public Works.
SEC. 64. The lease or sale shall be adjudicated to the highest bidder; and if there is no bidder besides the applicant, it shall be adjudicated to him. The provisions of section twenty-seven of this Act shall be applied wherever applicable. If all or part of the lots remain unleased or unsold, the Director of Lands shall from time to time announce in the Official Gazette or otherwise the lease or sale of those lots, if necessary.
SEC. 65. The Secretary of Agriculture and Natural Resources may grant permission, upon payment of a reasonable charge, for the use of any portion of the foreshore or marshy lands for any lawful private purpose, subject to revocation by the Secretary of Agriculture and Natural Resources at any time when, in his judgement, the public interest shall require it.
TITLE IV.-LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES. CHAPTER X.-Concession of lands for educational, charitable, and other
SEC. 66. Whenever any province, municipality, or other branch or subdivision of the Government shall need any portion of the lands of the public domain open to concession for educational, charitable, or other similar purposes, the 122422-20-12
Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, may execute contracts in favor of the same, in the form of donation, sale, lease, exchange, or any other form, under terms and conditions to be inserted in the contract; but land so granted shall in no case be encumbered or alienated, except when the public service requires their being leased or exchanged, with the approval of the Governor-General, for other lands belonging to private parties, or if the Legislature disposes otherwise.
67. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery, church, college, school, university, or other institution for educational, charitable or philanthropical purposes or scientific research, the area, to be such as may actually and reasonably be necessary to carry out such purpose, but not to exceed ten hectares in any case. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land, but the Secretary of Agriculture and Natural Resources may waive the condition requiring cultivation. The Secretary of Agriculture and Natural Resources, if he sees fit, may order the sale to be made without public auction, at a price to be fixed by said Secretary, or the lease to be granted without auction, at a rental to be fixed by him. In either case it shall be a condition that the purchaser or lessee shall use the land for the purpose for which he has applied for it, and for no other purpose, and that the violation of this condition shall give rise to the immediate rescission of the sale or lease, as the case may be, and to the forfeiture to the Government of all existing improvements.
CHAPTER XI.-Town site reservations.
SEC. 68. Whenever the Legislature shall consider it to be in the public interest to found a new town, the Secretary of Agriculture and Natural Resources shall direct the Director of Lands to have a survey made by his Bureau of the exterior boundaries of the site on which such town is to be established, and upon the completion of the survey he shall send the same to said Secretary, with his recommendations.
SEC. 69. The Secretary of Agriculture and Natural Resources, if he approves the recommendations of the Director of Lands, shall submit the matter to the Governor-General to the end that the latter issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site, and a certified copy of such proclamation shall be sent to the Director of Lands and another to the register of deeds of the province in which the surveyed land lies.
SEC. 70. It shall then be the duty of the Director of Lands, after having recorded the proclamation of the Governor-General and the survey accompanying the same, and having completed the legal proceedings prescribed in chapter thirteen of this Act, to direct a subdivision in accordance with the instructions of the Secretary of Agriculture and Natural Resources, if there shall be such instructions, and if there shall not be any, then in the manner which may to the Director of Lands seem best adapted to the convenience and interest of the public and the residents of the future town.
SEC. 71. The plat of the subdivision shall designate certain lots for commerIcial and industrial uses and the remainder as residence lots, and shall also reserve and note the lots owned by private individuals as evidenced by record titles, or as possessed or claimed by them as private property. Such lots, whether public or private, shall be numbered upon a general plan or system. The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Natural Resources for consideration, modification, amendment, or approval.
SEC. 72. Unless the necessary reservations are made in the proclamation of the Governor-General, the Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources, shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public uses, as well as the necessary avenues, streets, alleyways, parks, and squares. The avenues, streets, alleys, parks, plazas, and lots shall be laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation, with a view to the possible subsequent purchase or condemnation thereof, if deemed necessary by the proper authorities.
SEC. 73. At any time after the subdivision has been made, the GovernorGeneral may, in case the public interest requires it, reserve for public purposes any lot or lots of the land so reserved and not disposed of.
SEC. 74. If, in order to carry out the provisions of this chapter, it shall be necessary to condemn private lands within the limits of the new town, the Governor-General shall direct the Attorney-General or officer acting in his stead to at once begin proceedings for condemnation, in accordance with the provisions of existing law.
SEC. 75. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Natural Resources, the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies, to be by such register recorded in the records of his office.
SEC. 76. All lots except those claimed by or belonging to private parties and those reserved for parks, buildings, and other public uses, shall be sold, after due notice, at public auction to the highest bidder, after the approval and recording of the plat of subdivision as above provided, but no bid shall be accepted that does not equal at least two-thirds of the appraised value, nor shall bids be accepted from persons, corporations, associations, or partnerships not authorized to purchase public lands for agricultural purposes under the provisions of this Act. The provisions of section twenty-seven of this Act shall be observed in so far as they are applicable. Lots for which satisfactory bids have not been received shall be again offered for sale, under the same conditions as the first time, and if they then remain unsold, the Director of Lands shall be authorized to sell them at private sale for not less than twothirds of their appraised value.
SEC. 77. All funds derived from the sale of lots shall be covered into the Insular Treasury as part of the general funds.
SEC. 78. Not more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person, corporation, or association without the specific approval of the Secretary of Agriculture and Natural Resources.
SEC. 79. The Legislature shall have the power at any time to modify, alter, rescind, repeal, annul, and cancel, with or without conditions, limitations, exceptions, or reservations, all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter, and the exercise of this power shall be understood as reserved in all cases, as an inherent condition thereof.
CHAPTER XII.-Reservations for public and semi-public purposes.
SEC. 80. Upon receipt of the order of the President of the United States, the Governor-General shall, by proclamation, designate such land as the President of the United States may set aside for military, naval or other reservations for the use of the Government of the United States.
SEC. 81. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Government of the Philippine Islands or of any of its branches, or for quasi-public uses or purposes when the public interest requires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation systems, and other improvements for the public benefit.
SEC. 82. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of land of the public domain for the exclusive use of the nonChristian natives, including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to each member not already the owner, by title or gratuitous patent, of ten or more hectares of land, the use and benefit only of a tract of land not to exceed ten hectares for each male member over eighteen years of age or the head of a family. As soon as the Secretary of the Interior shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization, then the Governor-General may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said inhabitants, and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. But any non-Christian inhabitant may at any time apply for the general bene
fits of this Act, provided the Secretary of Agriculture and Natural Resources is satisfied that such inhabitant is qualified to take advantage of the provisions of the same: Provided, That all grants, deeds, patents, and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or growing out of lands, granted by sultans, datus or other chiefs of the so-called non-Christian tribes, without the authority of the Spanish Government while the Philippine Islands were under the sovereignty of Spain, or without the consent of the United States Government or of the Philippine Government since the sovereignty of the Archipelago was transferred from Spain to the United States, and all deeds and other documents executed or issued or based upon the deeds, patents, and documents mentioned, are hereby declared to be illegal, void, and of no effect.
SEC. 83. Upon recommendation by the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of land of the public domain for the establishment of agricultural colonies; and although the disposition of the lands to the colonists shall be made under the provisions of this Act, yet, while the Government shall have the supervision and management of said colonies, the Secretary of Agriculture and Natural Resources may make the necessary rules and regulations for the organization and internal administration of the same.
The Secretary of Agriculture and Natural Resources may also, under conditions to be established by the Legislature, turn over a colony so reserved to any person or corporation, in order that such person or corporation may clear, break, and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences; but final disposition shall be made of the land in accordance with the provisions of this Act, subject, however, to such conditions as the Legislature may establish for the reimbursement of the expense incurred in putting such lands in condition for cultivation: Provided, That the Legislature may direct that such land so prepared for cultivation may be disposed of only by sale or lease.
CHAPTER XIII.--Provisions common to reservations.
SEC. 84. A certified copy of every proclamation of the Governor-General issued under the provisions of this title shall be forwarded to the Director of Lands for record in his office, and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. Upon receipt of such certified copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not yet been surveyed, and as soon as the plat has been completed, he shall proceed in accordance with the next following section.
SEC. 85. If all the lands included in the proclamation of the GovernorGeneral are not registered under the Land Registration Act, the AttorneyGeneral, if requested to do so by the Secretary of Agriculture and Natural Resources, shall proceed in accordance with the provisions of section fifty of this Act.
SEC. 86. The tract or tracts of land reserved under the provisions of chapter twelve shall be nonalienable and shall not be subject to occupation, entry, sale, lease, or other disposition until again declared alienable under the provisions of this Act or by proclamation of the Governor-General.
TITLE VI.-GENERAL PROVISIONS.
CHAPTER XIV.—Applications, procedure, concession of lands, and legal restrictions and encumbrances.
SEC. 87. All applications filed under the provisions of this Act shall be adIdressed to the Director of Lands.
SEC. 88. Every application under the provisions of this Act shall be made under oath and shall set forth:
(a) The name and post-office address of the applicant, stating, in the case of an individual, his citizenship, and in the case of a corporation, association, or partnership, accompanying a copy of its articles of incorporation or partnership and, if organized outside of the Philippine Islands, also the documentary evidence necessary to show that such corporation, association, or partnership has been organized in accordance with the requirements of the laws of the country or state where it was constituted, and that it is authorized to transact business in these Islands; and if not incorporated, data showing that its members possess individually the qualifications required by this Act.