SEC. 23. Any citizen of lawful age of the Philippine Islands or of the United States, and any corporation or association of which at least sixty-one per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippine Islands or of the United States, and which is organized and constituted under the laws of the Philippine Islands or of the United States or of any States thereof and authorized to transact business in the Philippine Islands and corporate bodies organized in the Philippine Islands authorized under their charters to do so, may purchase any tract of public agricultural land disposable under this Act, not to exceed one hundred hectares in the case of an individual and one thousand and twenty-four hectares in that of a corporation or association, by proceeding as prescribed in this chapter: Provided, That partnerships shall be entitled to purchase not to exceed one hundred hectares for each member thereof, but the total area so purchased shall in no case exceed the one thousand and twenty-four hectares authorized in this section for associations and corporations: Provided, further, That citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire public land as to their own citizens, may, while such laws are in force, but not thereafter, with the express authorization of the Legislature, purchase any parcel of agricultural land, not in excess of one hundred hectares, available under this Act, upon complying with the requirements of this chapter.
SEC. 24. No person, corporation, association or partnership other than those mentioned in the last preceding section may acquire or own agricultural public land or land of any other denomination or classification, not used for industrial or residence purposes, that is at the time or was originally, really or presumptively, of the public domain, or any permanent improvements thereon, or any real right on such land; and improvement:, Provided, however; That persons, corporation, associations, or partnerships which at the date upon which this Act shall take effect, hold agricultural public lands or land of any other denomination not use for industrial or residence purposes, that belonged originally, really or presumptively, to the public domain, or permanent improvements on such lands, or a real right upon such., lands and improvements, having acquired the same under the laws and regulations in force at the date of such acquisition, shall be authorized to continue holding the same as if such persons, corporations, associations, or partnerships were qualified under the last preceding section; but they shall not encumber, convey, or alienate the same to persons, corporations, associations or partnerships not included in section twenty-three of this Act, except by reason of hereditary succession, duly legalized and acknowledged by competent courts.
SEC. 25. Lands sold under the provisions of this chapter must be appraised in accordance with section one hundred and fourteen of this Act. The Director of Lands shall announce the sale thereof by publishing the proper notice once a week for six consecutive weeks in the Official Gazette and in two newspapers, one published in Manila and the other published in the municipality or in the province where the land is located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the province and municipality where the land is located, and if practicable, on the land itself. The notices shall be published one in English and the other in Spanish and shall fix a date not earlier than ten days after the date of the last publication of the notice in the Official Gazette, upon which the land will be awarded to the highest bidder, or public bids will be called for, or other action will be taken provided in this chapter.
SEC. 26. All bids, must be sealed and addressed to the Director of Lands and must have inclosed therewith cash or a certified check or post-office money order payable to the order of the Director of Lands, for twenty-five per centum of the amount of the bid, which amount shall be retained in case the bid is accepted, as part payment of the purchase price : Provided, That no bid shall be considered the amount of which is less than the appraised value of the land.
SEC. 27. Upon the opening of the bids the lands shall be awarded to the highest bidder. If there are two or more bidders which are higher than other bidders and are equal, and one of such higher and equal bids is the bid of the applicant, his bid shall be accepted. If, however, the bid of 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. In any case the applicant, if any, 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. No bid received at such public auction shall be finally accepted until the bidder shall have deposited twenty-five per centum of his bid, as required in section twenty-six of this Act. In case none of the tracts of land that are offered for sale,or the purchase of which has been applied for, has an area in excess of twenty-four hectares, the Director of Lands may delegate to the provincial treasurer concerned the power,of receiving bids, holding the auction; and proceeding in accordance with the provisions of this Act, but the ,provincial treasurer in his capacity as delegate of the Secretary of Agriculture and Natural Resources, shall submit his recommendations to the Director of Lands, for the final decision of the latter in the case.
SEC. 28. The purchase price shall be paid as follows: The balance of the purchase price after deducting the amount aid at the time of submitting the bid, may be paid in full upon the making of the award, or in five annual installments from the date of the award.
SEC. 29. After at least the second installment has been paid and after the cultivation of the land has been begun, the purchaser, with the approval of the Secretary of Agriculture and Natural Resources, may convey or encumber his rights to any person, corporation or association legally qualified under this Act to purchase agricultural public lands, provided such conveyance or encumbrance does not affect any right or interest of the Government in the land. Any sale and encumbrance made without the previous approval of the Secretary of Agriculture and Natural Resources shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the Government, and all payments on the purchase price theretofore made to the Government shall be forfeited. After the sale has been approved, the vendor shall not lose his right to acquire agricultural public lands under the provisions of this Act, provided he has the necessary qualifications.
SEC. 30. Before any patent is issued, the purchaser must show actual occupancy, cultivation, and improvement of the land applied for until the date on which final payment is made.
SEC. 31. If at any time after the date of the award and before the issuance, of 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, has otherwise failed to comply with the requirements of the law, then the land shall revert to the Government and all prior payments of purchase money shall be forfeited.
SEC. 32. No person, corporation, association, or partnership shall be permitted, after the approval of this Act, to acquire the title to or possess as owner any lands of the public domain if such lands, added to other land belonging to such person, corporation, association, or partnership shall give a total area greater than the area the acquisition which by purchase is authorized under this Act. Any excess in area over this maximum and all right, title, interest, claim, or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the Government.
This section shall, however, not be construed to prohibit any person, corporation, association, or partnership authorized by this Act to acquire lands of the public domain from making loans upon real estate security and from purchasing real estate whenever necessary for the recovery of such loans; but in this case, as soon as the excess above referred to occurs, such person, corporation, association, or partnership shall dispose of such lands within, five years, for the purpose of removing the excess mentioned. Upon the land in excess of the limit there shall be paid, so long as the same is not disposed, of, for the first year a surtax of fifty per centum additional to the ordinary tax to which such property shall be subject, and for each succeeding year fifty per centum shall be added to the last preceding annual tax rate, until the property shall have been disposed of.
The person, corporation, association, or partnership owning the land in excess of the limit established by this Act shall determine the portion of the land to be segregated.
At the request of the Secretary of Agriculture and Natural Resources, the Attorney-General or the officer acting in the his stead shall institute the necessary proceedings in the proper court for the purpose of determining the excess portion to be segregated, as well as the disposal of such portion in the exclusive interest of the Government.
SEC. 33. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person, corporation, association, or partnership; and no person, corporation, association, or partnership, any member of which shall have received the benefits of this chapter or of any of the two last preceding chapters, either as an individual or as a member of any other corporation, association, or partnership, shall purchase any other lands of the public domain under this chapter.
But any purchaser of public land, after having made the last payment upon and cultivated the land purchased, if the same shall be less than the maximum, allowed by this Act, may purchase additional agricultural public land adjacent to or not distant from the land first purchased, provided the total area of both tracts does not exceed the maximum established in this chapter, and that in making such additional purchase, the same conditions are complied with as prescribed by this Act for the first purchase.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
