COMMONWEALTH ACT No. 32

AN ACT PROVIDING FOR THE SUBDIVISION AND SALE OF ALL THE PORTIONS OF THE FRIAR LANDS ESTATES REMAINING UNDISPOSED OF

Section 1. As soon as practicable, the Director of Lands, under the direction of the Secretary of Agriculture and Commerce,1 shall proceed with the subdivision of all the lands acquired by the Government under the provisions of Act Numbered Eleven hundred and twenty, known as the "Friar Lands Act", as amended, and still undisposed of, and shall sell the same, as provided in said Act, at the original prices fixed when said lands were for the first time offered for sale, to purchasers who are not disqualified to acquire public lands and who, at the time of the sale, are not delinquent in the payment of any installment price or interest in accordance with said Act. Any and all interests which have accrued to the said original prices up to the time in which the lands are sold are hereby cancelled and shall not be added to the said prices.

Section 2. The purchasers shall be allowed ten years from the date of purchase within which to pay purchase price in ten equal installments, with annual interest at the rate of four per centum on all installments due and payable. The persons who, at the time of the subdivision survey, are actual and bona fide occupants of any portion of the Friar Lands Estates, not exceeding ten hectares, shall be given preference to purchase the portion occupied at a private sale and at a price to be fixed, in such case, by the Director of Lands, subject to the approval of the Secretary of Agriculture and Natural Resources,2 after taking into consideration its location, quality, and any other circumstances as may affect its value, the provisions of Section twelve of Act Numbered Eleven hundred and twenty, as amended, to the contrary, notwithstanding.

Land acquired under the provisions of this Section shall not, except in favor of the Government or any of its branches or institutions, or legally constituted banking corporations, be subject to encumbrance or alienation before five years after the date of issuance of the transfer certificate of title to the purchaser, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but temporary improvements or crops on the land may be mortgaged or pledged to qualified persons, association, or corporations.

Every conveyance shall be subject to repurchase by the original purchaser or his legal heirs within a period of five years from the date of the conveyance.

Any contract or agreement made or executed in violation of this Section shall cause the reversion of the property and its improvements and the forfeiture of all payments made on account of the purchase price thereof to the state.

The provisions of the second, third and fourth paragraphs of this Section shall not apply to Friar lands located in cities and acquired by purchasers in accordance with the provisions of the first paragraph of this Section.3

Section 3. This Act shall take effect upon its approval.

Lawphil

Approved, September 15, 1936.


*As Amended by CA 316, RA 3102.

      1Now Secretary of Natural Resources.

      2Id..

      3Words in bold in the text above are amendments introduced by RA 3102, section 1, approved June 17, 1961.
      Statutory History of section 2:

      a) Original text - The original provisions of section 2, being similar to the amended provisions infra, except for the word in bold, are not reproduced here.
      b) Words in bold in the text immediately following are amendments introduced by CA 316, section 1, approved June 9, 1938.
      SECTION 2. The purchasers shall be allowed ten years from the date of purchase within which to pay the purchase price in ten equal installments, with annual interest at the rate of four per centumon all installments due and payable. The persons who, at the time of the subdivision survey, are actual and bona fide occupants of any portion of the Friar Land Estates, not exceeding ten hectares, shall be given preference to purchase the portion occupied at a private sale and at a price to be fixed, in such case, by the Director of lands, subject to the approval of the Secretary of Agriculture and [Commerce,] after taking into consideration its location, quality, and any other circumstances as may affect its value, the provisions of section twelve of Act Numbered Eleven hundred and twenty, as amended, to the contrary, notwithstanding:
      Lands acquired under the provisions of this section shall not, except in favor of the Government or any of its branches or institutions, or legally constituted banking corporations, be subject to encumbrance or alienation before before five years after the date of the issuance of the transfer certificate of title to the purchaser; nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but temporary improvements or crops on the land may be mortgaged or pledgeto qualified persons, associations, or corporations.
      Every conveyance shall be subject to repurchase by the original purchaser or his legal heirs within a period of five years from the date of the conveyance.
Any contract or agreement made or executed in violation of this section shall cause the reversion of the property and its improvements and the forfeiture of all payments made on account of the purchase price thereof to the states. (Ed. Note: Word in brackets was deleted in RA 3102, supra.)

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