Homestead Nat Resources
Homestead Nat Resources
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.
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.
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.
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.
ELMO S. MANUEL-HOMESTEAD
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.
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.
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.
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.
NON CHRISTIAN FILIPINOS PERMITTED TO OCCUPY RESERVED LANDS PREPARATORY TO APPLICATION FOR
HOMESTEAD.
ELMO S. MANUEL-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.