An Act Amending Act Numbered Thirty-Six Hundred And Seventy-Three and Repealing Act Numbered Four Thousand Thirty-One and Commonwealth Acts Numbered One Hundred and Sixty-Six and Three Hundred and Forty-Seven

June 10, 1941

COMMONWEALTH ACT NO. 630

AN ACT AMENDING ACT NUMBERED THIRTY-SIX HUNDRED AND SEVENTY-THREE AND REPEALING ACT NUMBERED FOUR THOUSAND THIRTY-ONE AND COMMONWEALTH ACTS NUMBERED ONE HUNDRED AND SIXTY-SIX AND THREE HUNDRED AND FORTY-SEVEN

SECTION 1. Sections one, two, three, and four of Act Numbered Thirty-six hundred and seventy-three are amended to read as follows: DIESaC

"SECTION 1. Whenever in the opinion of the Secretary of Agriculture and Commerce, the public interests so require, he shall order the survey, delimitation, and subdivision by the Bureau of Lands of such portions of the public domain as may be necessary and convenient, including public agricultural lands lying parallel to and at least within three kilometers from both sides of any new public highway constructed in the Philippines. Said Secretary may also entrust such work, including the improvement of the land so surveyed, delimited and subdivided, to private surveyors, corporations, or associations under such terms and conditions as he may deem proper and advantageous to the Government."

"SEC. 2. The lands, parcels, or lots thus surveyed, delimited, subdivided, and improved shall be disposed of by the Director of Lands or through the surveyors, corporations, or associations that executed the work under the supervision and control of the Secretary of Agriculture and Commerce and in accordance with existing law, to such persons, corporations, or associations as are entitled to acquire public lands under the provisions of the Public Lands Act. At least one-half of the said lands along newly constructed highways shall be disposed of by means of homestead entry. The expenses of the survey, delimitation, subdivision, and improvement shall be apportioned, assessed and collected from all applicants, except homestead and free patent applicants, in addition to the fees, rentals, and other payments collectible under the provisions of said Act. When the work is done by private surveyors, corporations, or associations, the same shall collect only the actual cost of the survey, delimitation, subdivision, and improvement of the land and, in addition thereto, profit not to exceed twenty per centum of such cost. The amount collectible for the expenses or cost and profit above mentioned shall be paid by the respective applicants in ten equal annual installments, without interest, from the date of the approval of their respective applications."

"SEC. 3. All reimbursements for survey, delimitation, subdivision and improvement as provided in the next preceding section, and all proceeds, fees, rentals, and other collections that may be realized from the disposition and concession of parcels, tracts and lots surveyed, delimited, subdivided, and improved under this Act, shall accrue to the special fund created in section four of this Act."

"SEC. 4. Out of the 'Rice and Corn Fund' appropriated under the provisions of Act Numbered Twenty-eight hundred and eighteen, as amended, the sum of three hundred thousand pesos is set aside to be known as the 'Public Land Survey and Subdivision Fund', which shall be a revolving fund. This revolving fund shall be increased with such appropriations as may hereafter be authorized for the purpose from either the General Fund or the Coconut Oil Excise Tax Fund until it reaches the aggregate sum of ten million pesos, unless the President of the Philippines fixes a lesser amount as the maximum limit of the fund. The Public Land Survey and Subdivision Fund shall be expended to carry out the purposes of this Act and shall be disbursed by the Director of Lands under the direction and control of the Secretary of Agriculture and Commerce.

"Any balances of the appropriations referred to in this section remaining unreleased and/or unexpended at the end of any fiscal year shall not revert to the General Fund of the National Government or to the Coconut Oil Excise Tax Fund, as the case may be, but shall continue to form part of the Public Land Survey and Subdivision Fund and therefore available for release and expenditure for said purpose in the next following fiscal year and other subsequent fiscal years."

SECTION 2. Act Numbered Four thousand thirty-one and Commonwealth Acts Numbered One hundred and sixty-six and Three hundred and forty-seven are repealed and all unexpended balances of the appropriations authorized in the said Acts shall, when this Act takes effect, be transferred to, and form part of, the "Public Land Survey and Subdivision Fund": Provided, however, That the provisions of this section shall not affect any rights vested, acquired, or perfected prior to the approval of this Act.

SECTION 3. This Act shall take effect as of July first, nineteen hundred forty-one.

Approved, June 10, 1941.