RESERVATIONS FOR TOWN SITE AND FOR PUBLIC AND SEMI-PUBLIC USES

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CHAPTER VIII

RESERVATIONS FOR TOWN SITE AND FOR PUBLIC AND SEMI-PUBLIC USES

 

PROCEDURE TO ESTABLISH NEW TOWN:

 

  1. The DENR Secretary directs the DOL to survey the exterior boundaries of the proposed site.
  2. The DOL submit the survey to the DENR Sec who shall in turn submit it to the President.
    1. If the president approves it, he issues the necessary proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site.
    2. Certified copies of such proclamation are furnished to the DOL and the Register of Deeds of the province or city where the land is located.
  3. After making reservation for the necessary avenues, streets, alleyways, parks and squares, and other areas for public use:
    1. the land as originally surveyed is then subdivided into lots for commercial and industrial uses and the remainder for residential purposes;
    2. the plat prepared by the Director of lands is submitted to the DENR Sec for consideration, modification , amendment and approval.
    3. For public interests, the president may reserve for public purposes any lot or lots not yet disposed of.
  4. If it is necessary to expropriate private lands within the limits of the new town, the president shall direct the Solicitor General to institute appropriate proceedings in court.
  5. The plat of the subdivision as finally approved is recorded in the:
    1. Bureua of Lands and
    2. in the office of the Register of Deeds concerned
  6. The lots with the exception of those claimed by or belonging to private parties ad those reserved for parks, buildings and other public use, shall then be sold after due notice at a public auction to the highest bidder at a price of NOT LESS THAN 2/3 OF THE APPRAISED VALUE.

Procedure to follow: a. sale of public agricultural lands

                              b. impose the same conditions such as the commencement of the construction of the improvement within six months and the completion thereof within 18 months.

Lots not sold after satisfactory bid:

  1. subjected to another public bidding;
  2. if still unsold, the DOL may sell them at a private sale – the price should not be less than 2/3 of the appraised value.

PROCEEDS OF SALE:

  1. Remitted to the national treasury as part of the general funds (Sec. 80 of CA 141)
  2. The proceeds of the sales of lots situated in Baguio accrue to the city funds (Baguio city charter)

LIMITATIONS:

  1. Not more than 2 residential lots and two other lots for commercial or industrial uses in any one town site may be sold to any one person, corporation, or association EXCEPT when approved by the DENR Sec.
  2. BUYERS IN BAGUIO TOWN SITE – it is forbidden to cut down any tree standing upon a lot without permission in writing from the Baguio Coordinating Committee/representative.
  3. All sales or other dispositions of lots in the town site are subject to the blanket authority reserved upon the Congress to alter, rescind or cancel at any time as circumstances may warrant.

RESERVATIONS FOR PUBLIC OR SEMI-PULBIC PURPOSES:

  1. Where public interests so warrant, other reservations for public and semi-public purposes may be designated by proclamation of the President upon recommendation of the DENR Sec.
  2. Such reservations may be used by the Rep of the phil or any of its branches, or by the inhabitants thereof under certain conditions to be prescribed for the purpose, or for quasi-public uses or purposes when necessary.
  3. Reservations may include areas for:
    1. highways
    2. rights of way for railroads etc.
    3. other improvements for public benefits

RESTRICTION: these reservations are not subject to alienation, occupation, entry, sale, lease, or other disposition until again declared alienable by proclamation of the President.

RESERVATION ALONG  RIVER BANKS FOR TIMBERLAND

            Reservation of 40 meters wide along the bank on each side of any river or stream for the purpose of reserving the same as permanent timberland of the government – applied only to lands of the public domain subsequently acquired by a private person.

            *** not applied to lands of private ownership to be registered under the provisions of the Cadstral law or the Land Registration Act.

RESERVATIONS FOR NON-CHRISTIAN FILIPINOS

             

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