Homestead Nat Resources

ELMO S.
MANUEL-HOMESTEAD
HOMESTEAD
HOMESTEAD MEANS:
1. The HOME;
2. The HOUSE and the ADJOINING LAND where the HEAD of the FAMILY DWELLS;
3. The HOME FARM;
4. The FIXED RESIDENCE of the HEAD of the FAMILY.
Technically, and under the MODERN HOMESTEAD LAWS:

1. it is an ARTIFICIAL ESTATE in land;
2. devised to PROTECT THE POSSESSION and ENJOYMENT of the owner AGAINST CLAIMS OF HIS CREDITORS
3. by WITHDRAWING the property from EXECUTION AND FORCED SALE, SO LONG AS the land is OCCUPIED AS A
HOME.
The HOMESTEAD in which the DEBTOR RESIDES is:

1. EXEMPT from EXECUTION;
2. provided the VALUE of BOTH THE LAND and the BUILDING DOES NOT EXCEED THREE THOUSAND PESOS.
The purpose of the law is to give the HOMESTEADER:

1. A PLACE to LIVE in with his family;
2. so that he may BECOME A HAPPY CITIZEN and a USEFUL MEMBER of our society.
The HOMESTEAD land is ALSO EXEMPT from the COVERAGE of the AGRARIAN LAND REFORM LAW.
PURPOSE OF HOMESTEAD:
1. the CONSERVATION OF A FAMILY HOME.
2. The policy of the State is TO FOSTER FAMILIES as the factors of society and this PROMOTES GENERAL
WELFARE.
3. The sentiments of PATRIOTISM and INDEPENDENCE, the SPIRIT of FREE CITIZENSHIP, the FEELING of
INTEREST in PUBLIC AFFAIRS, are CULTIVATED and FOSTERED more readily when the citizen LIVES
PERMANENTLY IN HIS HOME.
HOMESTEAD ACT is a:
 SOCIAL LEGISLATION enacted for the WELFARE and PROTECTION of the POOR.
QUALIFICATION AND AREA OBTAINABLE.

1. the APPLICANT must be a FILIPINO citizen
2. Over the age of 18 or;
3. HEAD of the FAMILY.
4. MUST NOT OWN MORE than 24 hectares of land in RP nor;
5. has had the BENEFIT OF ANY GRATUITOUS ALLOTMENT of MORE than 24 hectares of land SINCE the
OCCUPTION of RP by the US.
CORPORATION or ASSOCIATION:
With respect to a CORPORATION or ASSOCIATION ALREADY HOLDING or CONTROLLING AGRICULTURAL PUBLIC
LAND,
1. its MEMBERS or STOCKHOLDERS as well as
2. its OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES OR BONDHOLDERS, MAY IF QUALIFIED, APPLY for
HOMESTEAD or FREE PATENT,
3. BUT NOT for any MODES of ACQUIRING AGRICULTURAL PUBLIC lands.
MARRIED WOMAN:
She is NOT ALLOWED to apply or make a homestead entry EXCEPT:
1. when she is LIVING SEPARATELY from her husband and is NOT DEPENDENT UPON HIM for her SUPPORT.
2. when HER HUSBAND is INSANE or PHYSICALLY INCAPACITATED to WORK;
3. when her HUSBAND is in PRISON, serving a term as would PREVENT HIM from COMPLYING with the
requirements of the law regarding residence on the land.
PROCEDURE:
The procedure to obtain a homestead patent under the PUBLIC LAND ACT is OUTLINED as follows:
1. FILE AN APPLICATION with the BUREAU of LAND. If found in order, the application SHALL BE APPROVED by the
Director and the applicant is AUTHORIZED TO ENTER the LAND upon PAYMENT OF AN ENTRY FEE of
ELMO S. MANUEL-HOMESTEAD
_________________. In practice, it is required that this fee ACCOMPANIES the APPLICATION, although by law it
MAY BE PAID WITHIN 60 days or up to 120 days IF EXTENDED, BEFORE THE APPLICATION may be CANCELLED
for DELINGQUENCY.
2. CULTIVATE WITHIN 6 MONTHS: Within 6 months AFTER the APPROVAL of the application, the applicant:
 SHALL START TO IMPROVE or CULTIVATE the land; and WITHIN a period of NOT LESS THAN 1 year OR
MORE than 5 years from the approval of the application,
 the homesteader MUST HAVE CULTIVATED at LEAST 1/5 of the land, OTHERWISE, his right to homestead
SHALL BE LOST. P.D. No. 152 PROHIBITS the EMPLOYMENT or USE of SHARE TENANTS in complying with
the requirements of the law REGARDING ENTRY, OCCUPATION, IMPROVEMENTS and CULTIVATION of public
lands, thereby DOING AWAY with ABSENTEE HOMESTEADER.
3. RESIDENCE FOR AT LEAST 1 YEAR. The applicant MUST HAVE CONTINUOUS RESIDENCE in the SAME
MUNICIPALITY where the homestead is LOCATED or IN AN ADJACENT MUNICIPALITY for at least 1 year.
4. NOTIFY THE DIRECTOR OF LANDS.The homesteader of his legal representative if he HAPPENS to be UNDER
LEGAL DISABILITY, SHALL NOTIFY the Director of Lands THAT:
 He is READY TO PRESENT FINAL PROOF of his COMPLIANCE with the LEGAL REQUIREMENTS. This proof
may consist of a JOINT AFFIDAVIT SUBSCRIBED by the applicant and 2 WITNESSES.
5. DUE NOTICES to HOMESTEADER and to the PUBLIC. BEFORE the PRESENTATION of the final proof, DUE
NOTICES shall be GIVEN to the homesteader and to the PUBLIC stating among other:
 The NAME and ADDRESS of the homesteader;
 The DESCRIPTION of the LAND with its bounderies and area;
 The NAME of the WITNESSES 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.
6. GRANT OF HOMESTEAD UPON PAYMENT OF FINAL FEE.
For the purpose of bringing the land under the operation of Torrens system, all that may be NECESSARY is to HAVE the
Homestead patent:
1. FILED and REGISTERED at the R.O.D of the province or city where the land lies and thereupon;
2. the R.O.D. will ISSUE an ORIGINAL CERTIFICATE OF TITLE (OCT) in the name of the PATENTEE upon payment of
the PRESCRIBED fees.
3. for such PATENT which is DEEMED a CONVEYANCE from the GOVERNMENT to the PATENTEE DOES NOT TAKE
EFFECT as a CONVEYANCE or BIND the LAND, BUT ONLY OPERATES as a CONTRACT between the government
and the patentee as evidence of authority to the R.O.D. to make registration.
4. it is the ACT OF REGISTRATION that SHALL be the OPERATIVE ACT to CONVEY and AFFECT the land.
RIGHT OF POSSESSION by HOMESTEAD APPLICANT:

The APPROVAL of a Homestead applicants gives the applicant:
1. AUTHORITY to take POSSESSION of the land;
2. PRIORITY of RIGHT to ACQUIRE TITLE upon his compliance with the requirements of the law.
3. this AUTHORITY, however, DOES NOT CONFER a RIGHT to POSSESS which is INDEFEASIBLE and SUFFICIENT
in itself to exclude other POSSIBLE CLAIMANTS or AS DEPRIVING the Director of Lands of his control over the
disposition of such land and HIS POWER TO HEAR AND ADJUDICATE the CONFLICTING CLAIMS.
4. A public land applicant WHO IS IN POSSESSION of the land applied for HAS THE RIGHT to MAINTAIN AN ACTION
for FORCIBLE ENTRY against one who INTRUDES into his POSSESSION, notwithstanding the fact that there may
be a PENDING CASE between them in the Bureau of Lands as to who of them has a better right to acquire the
land in controversy.
PAYMENT OF REAL ESTATE TAXES by APPLICANT.

RULE in HOMESTEAD: The applicant is REQUIRED to PAY TAXES on the land applied for BEGINNING JANUARY of the
year following that in which the application has been filed, WITHOUT THE NEED OF WAITING EVEN FOR THE APPROVAL
of his application.
WHEN RIGHT TO HOMESTEAD BECOMES VESTED in APPLICANT.

Where a HOMESTEAD HAS ALREADY COMPLIED WITH ALL THE TERMS AND CONDITIONS which entitled him to a
patent, he ACQUIRES A VESTED INTEREST therein and is REGARDED as the EQUITABLE OWNER thereof.
The EXECUTION AND DELIVERY of the patent have become MERE MINISTERIAL ACTS of the officer charged with that
duty.
The DATE of the ISSUANCE of a patent is NOT DETERMINATIVE of when the applicant for a homestead acquires
ownership of the property.
It is rather the TIME WHEN HE HAS FULLY COMPLIED WITH ALL THE REQUIREMENTS OF THE PUBLIC LAND LAW for
the acquisition of the patent.
WHEN HOMESTEAD CONSIDERED CONJUGAL PROPERTY or OTHERWISE.

The DECISIVE FACTOR in the DETERMINATION of whether certain land is acquired by way of homestead is conjugal
property or belonging to only one of the spouses IS NOT THE TIME OF THE ISSUANCE OF THE HOMESTEAD PATENT
BUT AT THE TIME OF THE FULLFILLMENT OF THE REQUIREMENTS of the PUBLIC LAW.
If the FINAL PROOF was COMPLETED and the FINAL FEE PAID DURING MARRIAGE, the homestead is
UNQUESTIONABLY CONJUGAL.
An APPLICANT MAY BE SAID TO HAVE ACQUIRED A VESTED RIGHT over the homestead ONLY by the PRESENTATION
OF THE FINAL PROOF and ITS APPROVAL by the DIRECTOR OF LANDS.
WHO SUCCEEDS APPLICANT in CASE OF HIS DEATH.

OLD RULE, ACT. NO 926: In the event of the death of an applicant prior to the issuance of a patent, HIS WIDOW shall be
entitled to have a patent for the land applied for to her UPON SHOWING that SHE HAS CONSUMMATED the
REQUIREMENTS of law for homesteading the land. And that ONLY in CASE the DECEASED applicant LEAVES NO
WIDOW shall HIS INTEREST in the land DESCEND and the patent ISSUE TO HIS LEGAL HEIRS.
NEW RULE, ACT. No. 3517: the PATENT SHALL ISSUE to the HEIRS IN LAW of the DECEASED upon showing that they
have COMPLIED with the REQUIREMENTS.
EXCEPTIONS: ONE PERSON ENTITLED TO ONLY ONE HOMESTEAD.

GENERAL RULE: A QUALIFIED person may apply for and be granted ONLY ONE HOMESTEAD.
BEFORE THE APPROVAL of CA 456 on June 8, 1939, amending Sec. 19 of the Publice Land Act,
1. where A PERSON WAS ISSUED a HOMESTEAD patent LESS THAN 24 hectares,
2. HE COULD BE ALLOWED TO APPLY AGAIN FOR ANOTHER HOMESTED,
3. PROVIDED THE AREA, ADDED TO HIS PREVIOUS HOMESTEAD, DID NOT EXCEED a total of 24 hectares.
AFTER APPROVAL OF CA 456:
Even if one HAS APPLIED FOR A HOMESTEAD:
1. he may be ALLOWED to APPLY FOR AN ADDITIONAL HOMESTEAD,
2. provided the TOTAL AREA DOES NOT EXCEED 24 HECTARES and
3. the HOMESTEAD PREVIOUSLY APPLIED FOR HAS NOT YET BEEN ISSUED A PATENT.
What is essential is the issuance of the homestead patent under the previous application before the prohibition may
apply. BESIDES, THE ADDITIONAL homestead NEED NOT BE IN THE SAME OR ADJACENT MUNICIPALITY where the
ORIGINAL HOMESTEAD IS LOCATED.
1987 CONSTITUTION: AN APPLICATION FOR HOMESTED SHALL NOT EXCEED 12 HECTARES.
TRANSFER OF RIGHTS OF APPLICANT WHEN ALLOWABLE.

AT ANY TIME AFTER THE APPROVAL of the homestead application and BEFORE the ISSUANCE OF PANTENT, the
applicant MAY BE ALLOWED TO TRANFER HIS RIGHTS to the land including the improvements thereon under certain
conditions as follows:
1. that the applicant HAS COMPLIED WITH ALL THE REQUIREMENTS of the law;
2. that HE CANNOT CONTINUE WITH HIS HOMESTEAD THRU NO FAULRT OF HIS OWN;
3. that the transfer is MADE TO A BONA FIDE PURCHASER who HIMSELF IS LEGALLY QUALIFIED to apply for a
homesteadl;
4. that the proposed transfer IS NOT FOR SPECULATIVE PURPOSES;
5. that it SHALL BE SUBJECT to the approval of the Director of Lands, without which approval IT SHALL BE NULL
AND VOID and homestead ENTRY SUBJECT TO CANCELLATION.
6. Where such transferred is ALLOWED, the PURCHASER SHALL FILE A HOMESTEAD application the land so
acquired, SUCCEEDING TO THE ORIGINAL HOMESTEADER in rights and obligations.
7. the APPLICANT who has transferred his rights, HE MAY NOT AGAIN APPLY for A NEW homestead.
8. where, however, the TRANSFER WAS MADE BEFORE and NOT AFTER, the APPROVAL of the homestead
application, such transfer as made by the LANDHOLDER TO ANOTHER IS VALID AS BETWEEN THE PARTIES.
NON CHRISTIAN FILIPINOS PERMITTED TO OCCUPY RESERVED LANDS PREPARATORY TO APPLICATION FOR
HOMESTEAD.
1. any NON CHRISTIAN FILIPINO who has not yet applied for a homested MAY APPLY for a permit to occupy a tract
of land NOT EXCEEDING 4 hectares within certain reservations purposely made for them.
2. WITHIN 6 Months AFTER RECEIPT of the permit- IT IS ESSENTIAL TO BEGIN THE CULTIVIATION, otherwise, the
permit MAY BE CANCELLED.
3. the TERM of the permit is for 1 YEAR and the fee paid therefore is 1 peso.
4. AFTER THE EXPIRATION of the permit or ANY TIME PRIOR thereto, the holder may APPLY for a homestead
INCLUDING the PORTION OF LAND COVERED BY THE PERMIT.
5. The term NON CHRISTIAN refers NOT TO RELIGIOUS BELIEF, but in a way to GEOGRAPHICAL AREA AND
MORE DIRECTLY TO NATIVES of RP of LOW GRADE of CIVILIZATION.
PATENTED LAND NOT SUBJECT TO FURTHER ADJUDICATION:

1. Where land had been PREVIOUSLY ADJUDICATED to a patentee and the latter OBTAINED the corresponding
CERTIFICATE OF TITLE, such land BECAME PRIVATE PROPERTY and COULD NO LONGER be the SUBJECT OF
ANOTHER ADJUDICATION by the Director of Lands.
2. NEITHER may such land having been brought under the operation of the TORRENS SYSTEM be ACQUIRED BY
PRESCRIPTION or ADVERSE POSSESSION.
3. A homestead patent ISSUED AND REGISTERED BECOMES IRREVOCABLE and ENJOYS the same privileges as
TORRENS TITLES issued under the Land Registration Act. It is INDEFEASIBLE, IMPRESCRIPTIBLE AND
UNASSAILABLE.
4. IT CANNOT be the SUBJECT of REGISTRATION in a CADASTRAL PROCEEDING WITHOUT THE CONSENT OF
THE OWNER.
5. HOWEVER, where it appears that ACTUAL FRAUD WAS COMMITTED IN obtaining the patent, the CERTIFICATE
OF TITLE issued, which is generally indefeasible, MAY STILL BE ANNULLED AND CANCELLED, PROVIDED
APPROPRIATE ACTION IS TAKEN WITHIN 1 YEAR from and after the DATE OF ISSUANCE OF THE PATENT.
BEYOND THAT PERIOD, the TITLE SHALL BECOME FINAL and CONCLUSIVE and its VALIDITY NO LONGER
CONTESTABLE.
6. the LACK OF ACTUAL NOTICE or KNOWLEDGE of the PENDENCY HOMESTEAD application DOES NOT ITSELF
ESTABLISHED FRAUD. The FRAUD MUST BE EXTRINSIC, calculated to deprive the interested party of his day in
court.
7. a TORRENS TITLE ISSUED in pursuance of a HOMESTEAD PATENT is as indefeasible as one issued in a judicial
proceedings, CANNOT BE ATTACKED COLLATERALLY and the Regional Trial Court sitting as a court of general
jurisdiction HAS NO POWER TO ANNUL THE SAME in a ORDINARY ACTION FOR RECOVERY OF POSSESSION.

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ELMO S.

Technically, and under the MODERN HOMESTEAD LAWS:

The HOMESTEAD in which the DEBTOR RESIDES is:

The purpose of the law is to give the HOMESTEADER:

QUALIFICATION AND AREA OBTAINABLE.

RIGHT OF POSSESSION by HOMESTEAD APPLICANT:

PAYMENT OF REAL ESTATE TAXES by APPLICANT.

WHEN RIGHT TO HOMESTEAD BECOMES VESTED in APPLICANT.

WHEN HOMESTEAD CONSIDERED CONJUGAL PROPERTY or OTHERWISE.

WHO SUCCEEDS APPLICANT in CASE OF HIS DEATH.

EXCEPTIONS: ONE PERSON ENTITLED TO ONLY ONE HOMESTEAD.

1987 CONSTITUTION: AN APPLICATION FOR HOMESTED SHALL NOT EXCEED 12 HECTARES.

TRANSFER OF RIGHTS OF APPLICANT WHEN ALLOWABLE.

PATENTED LAND NOT SUBJECT TO FURTHER ADJUDICATION:

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