Prepared by:

Marilou H.Base
2nd year L.L.B

PUBLIC LAND ACT

COMMONWEALTH ACT
NO. 141
Story of Public Land Act
Historical Background

Act no. 926 Act no. 2874 CA no. 141

-1st Public Land Act -2nd Public Land Act -present Public Land Act

-passed in pursuance -passed under Jones -after passage of 1935

of the provisions of the Law constitution
Philippine Bill of 1902

-governed the disposition - exploitation of agricul- - grants of public land

of lands & public domain tural lands are brought under the
operation of the
Torrens system of
registration
Policy considerations

 1. The State shall ensure, for the benefit of the

Filipino people
 2. The State shall likewise recognize & apply a
true value system that takes into account social
& environmental cost
 3. The DENR(Department of Environment and
Natural Resources) shall be the primarily
responsible for the implementation of the
foregoing policy
Regalian Doctrine

-all lands & other natural resources are

owned by the state
-all lands not appearing to be clearly
private dominion presumptively belong to
the State.
-it reserves to the State all natural wealth
that may be found in the bowels of the
earth even if the land where the
discovery is made be private.
Article XII sec. 2
 All lands of the public domain waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timbers, wildlife, flora and fauna, & other natural
resources are owned by the State. With the exception of Agricultural
lands, all other natural resources shall not be alienated. The
exploration, development, & utilization of natural resources shall be
under the full control & supervision of the State. The State may
directly undertake such activities, or it may enter into co-production,
joint venture, or production- sharing agreements with Filipino
citizens, or corporations or associations at least 60% of whose
capital is owned by such citizens. Such agreements may be for a
period not exceeding 25 years, renewable for not more than 25
years, and under such terms & conditions as may provided by law. In
cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power,
beneficial use may be the measure & limit of the grant
Continuation…

The State shall protect the nation’s marine wealth in it’s archipelagic
waters, territorial sea, and exclusive economic zone, & reserve it’s use &
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural
Resources by Filipino citizens, as well as cooperative fish farming with
priority to subsistence fishermen & fish workers in rivers, lakes, bays, &
lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for large
scale exploration, development, & utilization of minerals, petroleum, &
other mineral oils according to general terms & conditions provided by
Law, based on real contributions to the economic growth and general
welfare of the country. In such agreements, the State shall promote the
development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within 30 days from it’s execution.