Act No. 2763

Untitled

Act No. 2763

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Section two of Act Numbered Twenty-three hundred and sixty, entitled “An Act providing for the sale of the land known as the San Lazaro estate, in the City of Manila, “as amended by section one of Act. Numbered Twenty-four hundred and seventy-eight, is hereby further amended so as read as follows:

Sec. 2. All bona fide tenants or occupants of said estate, registered as such before the end of the month of February, nineteen hundred and eighteen, in the records of the Bureau of Lands, shall be entitled to purchase, until December thirty-one of said year nineteen hundred and eighteen, such lands on said records show to be occupied or leased by said tenants or occupants or by their lawful representatives, but the total area of such lands shall not exceed fifteen hundred square meters if for residential purposes and twelve thousand square meters if for charitable or other purposes, at a price to be fixed by the Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources, not to exceed the value at which such lands are now assessed by the city assessor and collector of Manila, which said price may be paid in cash or in equal semi-annual installments extending over a period of not more than fifteen years. To this price shall be added the cost of surveying the land or lands so purchased, and beginning with the day on which the contract for the sale is signed, whether it be for cash or on the installment plan, said lands shall be subject to the payment of the land tax, which shall be on the account of the purchaser.

“For the purposes of this Act, lands purchased by the City of Manila shall be considered as residential lots, without limitations as to area, and the actual cost of the improvements made on said lots by the City of Manila shall be deducted from the price thereof.” (Approved, Mar. 2, 1918.)

Sec. 3. Any lots of parcels not sold in accordance with the last proceeding section shall be sold at public auction at a price not less than their assessed value and payments may be made on cash terms or in installments which shall in no case exceed one year. The purchaser shall be obliged to respect any contract or lease that the Director of Lands may have made prior thereto with respect to the lot sold.

Act. No. 2478

Section 2. Section three of said Act Numbered Twenty-three hundred and sixty, entitled “An Act providing for the sale of the land known as the San Lazaro estate, in the city of Manila,” is hereby amended so as to read as follows:

Sec. 3. Any occupied lands not sold in accordance with the last proceeding section may be leased in accordance with the provisions of Act Numbered Twenty-two hundred and thirty or sold at auction at a price not less than their assessed value, fixed by the Director of Lands with the approval of the Secretary of the Interior, and payment shall be made as provided in the last preceding section hereof.

“Vacant lands may be leased for a period not to exceed fifteen years or sold at public auction for cash, at a price not less than their assessed value to be fixed by the Director of Lands with the approval of the Secretary of the Interior: Provided, That at the expiration of the leases herein provided, all lands covered thereby shall be offered for sale at public auction, for cash.

“The purchasers of lands at public auction shall respect any contract of lease that the Director of Lands may have made prior thereto.

“If the purchasers at public auction are not leases themselves, they shall pay to the owners of the improvements made on said lands the value thereof, which shall be agreed upon between the Director of Lands and the owners of said improvements.” (Enacted, February 5, 1915).

Act No. 2763

Section 2. Section three of the same Act as amended by section two of Act Numbered Twenty-four hundred and Seventy-eight, is hereby amended to read as follows:

Sec. 3. Beginning with January one, nineteen hundred and nineteen, any lands not sold in accordance with the last preceding section may be leased under the provisions of Act Numbered Twenty-two hundred and thirty or sold at auction at a price not less than their assessed value, to be fixed by the Director of Lands with the approval of the Secretary of Agriculture and Natural Resources, and payment may be made either in cash or in equal semi-annual installments extending over a period not to exceed eight years. The lands as sold shall be subject to the payment of the land tax which shall accrue against the purchaser from the day of signing the contrast of sale.

“The purchaser shall respect any contract of lease that the Government may have made prior to the sale.

“If the purchasers at public auction are not the leases themselves, they shall pay to the owners of the improvements made on said lands the value thereof, if said owners prefer this which value shall be agreed upon between the Director of Lands and the owners of said improvements.” (Approved, Mar. 2, 1918).

Sec. 4. Until complete payments of the purchase price of each lot or parcel sold, deferred payments shall bear interest at the rate of six per centum per annum.

Act. No. 2478

Section 3. Section four of said Act Numbered Twenty-three hundred and sixty is likewise amended, so as to read as follows:

Sec. 4. Deferred payments of the price of the lands sold under the provisions of this Act for residential, charitable, and religious purposes shall bear interest at the rate of four per centum per annum, and on lands sold for any other purpose at six and one-half per centum per annum.” (Enacted, February 5, 1915.)

Sec. 5. The title to any lot sold under the provisions of this Act shall not be deemed to be conveyed until the purchaser shall have fully paid all installments on the purchase price and interest thereon, and any sale or encumbrance thereof shall be null and void as against the Government of the Philippine Islands and shall be in all respects subordinate to its prior claim.

Act. No. 2478

Section 4. Section five of the said Act Numbered Twenty-three hundred and sixty is hereby amended so as to read as follows:

Sec. 5. The title to any lands sold under the provisions of this Act shall not be conveyed until the purchasers shall have fully paid all installments on the purchase price and interest thereon, and any sale or encumbrance thereof shall be null and void as against the Government of the Philippine Islands and shall be in all respects subordinate to its prior claim.” (Enacted, Feb. 5, 1915).

Sec. 6. In the event of the death of a purchaser prior to the complete payment of the price of the lands purchased by him, the person succeeding him in accordance with existing law shall succeed in all of his rights and obligations. In case a purchaser shall have conveyed to another his interest or right to the land or lands purchased by him before complete payment of said lands, the person acquiring the same shall succeed him upon notification of his assignment to the Director of Lands and its registration in the Bureau of Lands.” (Enacted, Feb. 5, 1915).

Sec. 7. In the event that a purchaser is delinquent in the payment of two or more semi-annual installments, the Director of Lands, in order to protect the Government from loss, may bring suit for the recovery of the installments and interest due, or for the total amount of the purchase price unpaid, with interest thereon, and to enforce the lien of the Government against the land by selling the same in the manner provided by Act Numbered One hundred and ninety for the foreclosure of mortgages. In the event of such sale the purchaser at such sale shall acquire a good and indefeasible title. The proceeds of sale shall be applied to the payment of the costs of court and of all installments due or to become due on such land, and the surplus, if any, shall be returned to the original purchaser or his representatives.

Act. No. 2478

Section 6. Section seven of said Act Numbered Twenty-three hundred and sixty is likewise amended, so as to read as follows:

Sec. 7. In the event that a purchaser is delinquent in the payment of the last installment or of two or more semi-annual installments, the Director of Lands, in order to protect the Government from loan, may bring suit for the recovery of the installments or interest due, or for the total amount of the purchase price unpaid, with interest due, or for the total amount of the purchase price unpaid, with interest thereon, and may enforce the lien of the Government against the lands by selling the same in accordance with existing law relative to the foreclosure of mortgage liens. In the event of such sale shall acquire a good title, subject to the right of repurchase prescribed by law. The proceeds of sale shall be applied to the payment of the cost of court and of all installments and interest due or to become due on such lands, and the surplus, if any, shall be returned to the original purchaser or his representative.” (Enacted, February 5, 1915).

Sec. 8. Within a period of two months from and after the passage of this Act, the Director of Lands shall prepare regulations, subject to the approval of the Secretary of the Interior, prescribing the form and manner of effecting the sale at public auction of the lots not sold to occupants or tenants, and all such rules as he may deem necessary for the strict compliance with the provisions of this Act.

Sec. 9. The Director of Lands, or any other person who, through any circumstance, may be substituted for him in the Bureau of department which may hereafter intervene in the administration of said lands, is hereby authorized to make the sales prescribed by this Act: to receive full or part payment for any parcel or lot sold; to grant acquittances and to sign, on the behalf of the Government of the Philippine Islands, with the approval of the Secretary of the Interior, the proper title deeds in favor of the purchasers who have completely paid the purchase price.

Sec. 10. All sums collected by virtue of this Act shall constitute a special fund set aside exclusively for the care and welfare of lepers in the Philippine Islands, to be expended upon appropriation by the Philippine Legislature, for the aforesaid purpose.