Amendment to Section 20 of C.A. No. 141 (Public Land Act) Re: Homestead Application
Republic Act No. 1242, enacted on June 10, 1955, amends Section 20 of the Public Land Act (Commonwealth Act No. 141). The amendment allows applicants who have met legal requirements but are unable to continue with their homestead—through no fault of their own—to transfer their rights and improvements to a bona fide purchaser, with prior approval from the Director of Lands. The purchaser must then file a homestead application and will inherit the original homesteader's rights and obligations. Unauthorized transfers are declared null and void, leading to the cancellation of the entry and refusal of the patent. The Act repeals any inconsistent laws or regulations and takes effect upon approval.
June 10, 1955
REPUBLIC ACT NO. 1242
AN ACT TO AMEND SECTION TWENTY OF COMMONWEALTH ACT NUMBERED ONE HUNDRED AND FORTY-ONE, COMMONLY KNOWN AS THE PUBLIC LAND ACT, AS AMENDED
Section twenty of Commonwealth Act Numbered One hundred and forty-one is hereby amended to read as follows:
"Sec. 20. If at any time after the approval of the application and before the patent is issued, the applicant shall prove to the satisfaction of the Director of Lands that he has complied with all the requirements of the law, but cannot continue with his homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements of the applicant on the land, and that the conveyance is not made for purposes of speculation, then the applicant, with the previous approval of the Director of Lands may transfer his rights to the land and improvements to any person legally qualified to apply for a homestead, and immediately after such transfer, the purchaser shall file a homestead application for the land so acquired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser. Any person who has so transferred his rights may not again apply for a new homestead. Every transfer made without the previous approval of the Director of Lands shall be null and void and shall result in the cancellation of the entry and the refusal of the patent." acd
SECTION 2. All provisions of law and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed.
SECTION 3. This Act shall take effect upon its approval.
Approved: June 10, 1955
Published in the Official Gazette, Vol. 51, No. 6, p. 2808 in June 1955