SEC. 22. Any citizen of the United States, or of the Philippine Islands, or of any insular possession of the United States, or any corporation or association of persons organized under the laws of the Philippine Islands or of the United States or of any State, Territory, or insular possession thereof, authorized by the laws of its creation and by the laws of the Philippine Islands and the Acts of Congress applicable thereto to transact business in the Philippine Islands, may lease any tract of unoccupied, unreserved, non-mineral agricultural public lands, as defined by sections eighteen and twenty of the Act of Congress approved July first, nineteen hundred and two, providing a temporary government for the Philippine Islands, and so forth, not exceeding one thousand and twenty-four hectares, by proceeding as hereinafter in this chapter indicated: Provided, That no lease shall be permitted to interfere with any prior claim by settlement or occupation until the consent of the occupant or settler is first had and obtained, or until such claim shall be legally extinguished: And provided further, That no corporation or association of persons shall be permitted to lease lands hereunder which are not reasonably necessary to enable it to carry on the business for which it was lawfully created and which it may lawfully pursue in the Philippine Islands.
SEC. 23. Leases made under the provisions of this chapter of land previously surveyed, must be made of contiguous legal subdivisions. All lands leased hereunder, whether previously surveyed or not, in case the tract sought to be leased exceeds sixty-four hectares in area, must be taken, where possible, in the form of contiguous squares which shall contain at least sixty-four hectares each: Provided, That in connection with the lease of lands in one or more tracts of sixty-four hectares there may be leased one rectangular tract of thirty-two hectares, the longer side of which must be contiguous to the square tract of sixty-four hectares, or to one of such tracts if more than one be leased. In no case may lands leased under the provisions of this chapter be taken so as to gain a control of adjacent land, water, stream, shore line, way, roadstead, or other valuable right which in the opinion of the Chief of the Bureau of Public Lands would be prejudicial to the interests of the public.
SEC. 24. An application to lease land under this chapter must be executed under oath and filed with such officer as may be designated by law as local land officer of the district in which the land is situated, or in case then be no such officer then with the Chief of the Bureau of Public Lands, and must show the following facts: The citizenship and post-office, address of the applicant; the location of the land, showing the province, municipality, and barrio in which the same is situated, and as accurate a description as may be given, showing the boundaries of the land, having reference to natural objects and permanent monuments, if any; a statement as to whether the land contains any improvements or evidences of settlement and cultivation, and a statement that it is non-mineral in character, more valuable for agricultural than for forestry purposes, and does not contain deposits of coal or salts. Corporations and associations shall be required to file evidence of their legal existence and authority to transact business in the Philippine Islands.
SEC. 25. All applicants for leases under the terms of this chapter must give notice, by publication and by such other means as may be required by the Chief of the Bureau of Public Lands, with the approval of the Secretary of the Interior, of intent to make application to lease the tract in question, which notice shall state the date when the application will he presented and shall describe as definitely as practicable the land sought to be leased.
SEC. 26. It shall be the duty of the Chief of the Bureau of Public Lands to examine all applications for leases under this chapter, and to determine whether the applicant has the qualifications required in section twenty-two hereof, and, from the certificate of the Chief of the Bureau of Forestry, to determine whether the land applied for is more valuable for agricultural than forestry purposes, and further summarily to determine from available records whether the land is non-mineral and docs not contain deposits of coal or salts. He shall report his findings to the Secretary of the Interior, who, after proper consideration and approval of same, shall cause the lease to be executed.
SEC. 27. The rate per hectare per annum for lands leased under this chapter shall be fixed by the Chief of the Bureau of Public Lands, with the approval of the Secretary of the Interior, and shall in no case be less than fifty centavos, Philippine currency, per hectare per annum; said rent shall he paid yearly in advance, the first payment being deposited with the Chief of the Bureau of Public Lands before the delivery of the lease.
SEC. 28. Leases hereunder shall run for a period of not more than twenty-five years, but may be renewed for a second period of twenty-five years, at a rate to be fixed as above indicated, which rate shall not he less than fifty centavos per hectare and shall not exceed one peso and fifty centavos, Philippine currency, per hectare. Land leased hereunder shall not be assigned or sublet without the consent of the Chief of the Bureau of Public Lands and the Secretary of the Interior.
SEC. 29. A ro land shall be leased under the provisions of this chapter until the land has been surveyed under the direction of the Chief of the Bureau of Public Lands and an accurate plat made thereof, the cost of survey to be borne by the lessee.
SEC. 30. The lease of any lands under this chapter shall not confer the right to remove or dispose of any valuable timber except as provided in regulations of the Bureau of Forestry for cutting timber upon such lands. Nor shall such lease confer the right to an remove or dispose of stone, oil, coal, salts, or other minerals, but the lease as to the part thereof which shall be mineral may be canceled by the Chief of the Bureau of Public Lands, with the approval of the Secretary of the Interior, whenever the mineral character of such part shall be made satisfactorily to appear, after due notice to the lessee.
SEC. 31. The commission of waste or the violation of the forestry regulations by the lessee shall work a forfeiture of his last payment of rent and render him liable to immediate dispossession and suit for damage.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
