In the Philippines, the acquisition and disposition of public lands are governed primarily by Commonwealth Act No. 141, also known as the Public Land Act, and the 1987 Constitution. Understanding this process requires a clear distinction between "private land" and "public land," as well as the specific classifications that determine whether a piece of land can be owned by individuals or corporations.
The Regalian Doctrine
The bedrock of Philippine land law is the Regalian Doctrine (Jura Regalia), which dictates that all lands of the public domain belong to the State. The State is the source of any asserted right to ownership of land. Consequently, any land not clearly under private ownership is presumed to belong to the State.
To dispose of or sell public land, the State must first classify it as alienable and disposable (A&D). Until this formal classification is made by the Executive Department (through the DENR), public land cannot be the subject of private commerce or prescription.
Classification of Public Lands
Under the Public Land Act, alienable and disposable lands are classified according to their use:
- Agricultural: The only type of public land that can be alienated (transferred to private ownership).
- Residential, Commercial, or Industrial: Often disposed of through sales or leases.
- Educational, Charitable, or Other Similar Purposes.
- Reservations for townsites and for public and quasi-public uses.
Modes of Acquiring Public Agricultural Land
Public land is not "bought" in the traditional sense like private real estate; it is granted by the State through specific administrative or judicial processes:
1. Homestead Settlement
Designed to provide land to the landless. A Filipino citizen over 18 (or head of a family) can apply for a homestead patent for a maximum of 5 hectares.
- Condition: The applicant must cultivate and reside on at least one-fifth of the land for at least one year before the patent is issued.
2. Sales Patent
Public agricultural lands may be sold to Filipino citizens.
- Individual Limits: A citizen may purchase up to 12 hectares.
- Corporate Limits: Private corporations cannot purchase public agricultural land; they may only lease up to 1,000 hectares for a period of 25 years, renewable for another 25 years.
- Process: The land is usually disposed of through public auction, where the land is awarded to the highest bidder.
3. Free Patent (Administrative Legalization)
This is for those who have continuously occupied and cultivated public agricultural land.
- Republic Act No. 11573 recently streamlined this, allowing those who have occupied A&D land for at least 20 years (immediately preceding the filing) to apply for a certificate of title.
4. Judicial Confirmation of Imperfect or Incomplete Title
If a person has been in open, continuous, exclusive, and notorious possession of A&D land since June 12, 1945, or earlier, they may petition the Regional Trial Court for judicial confirmation of their title.
Restrictions on "Bought" Public Land
Acquiring land from the State comes with "encumbrances" or restrictions that do not exist in standard private sales:
- The 5-Year Prohibitory Period: Lands acquired via homestead or free patent cannot be alienated (sold, mortgaged, or transferred) within five years from the date of the issuance of the patent. Any contract violating this is null and void ab initio.
- Right to Repurchase: For homestead patents, the patentee (or their widow/heirs) has the right to repurchase the land within five years from the date of conveyance, even if the sale was legal.
- Corporations: As per the Constitution, private corporations are strictly prohibited from holding title to alienable lands of the public domain. They are limited to leasehold rights only.
Summary Table: Ownership Limits
| Entity | Acquisition Mode | Maximum Area |
|---|---|---|
| Filipino Citizen | Homestead / Free Patent | 5 Hectares |
| Filipino Citizen | Individual Sale | 12 Hectares |
| Private Corporation | Lease Only | 1,000 Hectares |
Key Requirements for Buyers and Sellers
- Verification of Classification: Before any transaction, one must verify with the Department of Environment and Natural Resources (DENR) or the Land Management Bureau (LMB) if the land is indeed A&D.
- The "Patent" vs. "Torrens Title": Once a patent is registered with the Register of Deeds, it becomes a Torrens Title, which is indefeasible after one year. However, if it is proven the land was never A&D (e.g., it was forest land), the State can initiate reversion proceedings to take the land back.
- Prohibition on Foreigners: Under the Constitution, foreign nationals cannot own public or private land in the Philippines, except through hereditary succession or if they were former natural-born Filipino citizens (subject to specific area limits).