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ACT NO. 2360
ACT NO. 2360 - AN ACT PROVIDING FOR
THE SALE OF THE LAND KNOWN AS THE SAN LAZARO ESTATE, IN THE CITY OF
MANILA
Section 1. The lands commonly known as the San Lazaro estate,
in the city of Manila, which are under the control and administration
of the Insular Government, by virtue of Act Numbered Seventeen hundred
and twenty-four of the Philippine Commission, confirming and ratifying
the agreement made between the Secretary of War of the United States of
North America, representing the Government of the Philippine Islands,
and the Archbishop of Manila, representing the Roman Catholic Church,
dated the eighth of June, nineteen hundred and seven, are hereby set
aside to be sold, either at public auction or by private sale, as
hereinafter provided.
Sec. 2. Within nine months from the date of the
passage of this Act each of the present occupants or tenants shall be
entitled to purchase a lot, or any of the lots of lands occupied by
him, the area whereof shall not be in excess of fifteen hundred square
meters if it is for a residence or six thousand square meters if for
other purposes at a price to be fixed by the Director of Lands, not
more than the valuation at which they are now assessed by the Collector
of Internal Revenue, payable in semiannual installments within a period
of not more than fifteen years if for a residences and not more than
five years if for other purposes: Provided, That the purchaser who
shall have selected the period of fifteen years in which to pay for the
lot purchased by him for residence purposes shall, after the first ten
years, be compelled to pay the land tax on said lot, the provisions of
section five of this Act to the contrary notwithstanding.
Sec. 3. Any lots or parcels not sold in accordance
with the last preceding section shall be sold at public auction at a
price not less than their assessed value and payment 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 of lease that
the Director of Lands may have made prior thereto with respect to the
lot sold.
Sec. 4. Until complete payment of the purchase
price of each lot or parcel sold, deferred payments shall bear interest
at the rate of six per centum per annum.
Sec. 5. The title to any lot 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 scale 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.
Sec. 6. In the event of the death of a purchaser
prior to the complete payment of the price of the parcel or lot
purchased, his heirs or successors shall succeed in all his rights and
obligations. In case a purchaser shall have conveyed or sold to another
his interest in the lot or parcel purchased by him before complete
payment thereof, such person shall succeed him in all his rights upon
presenting his assignment to the Director of Lands for registration.
Sec. 7. In the event that a purchaser is
delinquent in the payment of two or more semiannual 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
representative.
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
or 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.
ENACTED, February 28, 1914.
AMENDING PROVISIONS OF LAW
Act No. 2478
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," is hereby
amended so as to read as follows:
Section 2. Prior to July first, nineteen hundred and
fifteen, all bona fide occupants of the said estate shall be entitled
to purchase all the lands occupied by them or their legal
representatives as shown by the records of the bureau of lands, not to
exceed fifteen hundred square meters for residential and twelve
thousand square meters for charitable, religious, or any other
purposes, at a price to be fixed by the Director of Lands with the
approval of the Secretary of the Interior not to exceed the value at
which said lands are now assessed by the city assessor and collector
Manila, and the purchase price may be paid cash down or in semi-annual
installment within a period of not more than fifteen years, and the
purchasers shall be compelled to pay the cost of the surveys necessary
to carry out the purposes of this Act, which shall be added to the sale
value of the lands surveyed. Land or lands purchased in accordance with
provisions of this Act shall be subject to the payment of the land tax,
like any other property, from the date of the execution of the contract
covering for them.
"For the purpose of this Act, lands purchased by the City of Manila
shall be considered as residential lots, without limitation 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." (Enacted, February
5, 1915).
Act. No. 2763
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:
Section 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.)
Section 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
Sec. 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:
Section 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:
Section 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).
Section 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
Sec. 3. Section four of said Act Numbered
Twenty-three hundred and sixty is likewise amended, so as to read as
follows:
Section 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.)
Section 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
Sec. 4. Section five of the said Act Numbered
Twenty-three hundred and sixty is hereby amended so as to read as
follows:
Section 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).
Section 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).
Section 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
Sec. 6. Section seven of said Act Numbered
Twenty-three hundred and sixty is likewise amended, so as to read as
follows:
Section 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).
Section 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.
Section 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.
Section 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.
(Enacted, February 28, 1914).
Act. No. 2478
Sec. 7. Section ten of Act Numbered Twenty three
hundred and sixty is hereby amended to read as follows:
Section 10. Receipts from sales under the provisions
of this Act shall constitute a trust fund set aside exclusively for the
care and welfare of lepers in the Philippine Islands, and shall be
deposited in the Insular Treasury subject to investment by the Director
of Lands at not less than six per centum per annum for such purposes
and with such securities as may be approved by the Secretary of the
Interior. "Receipts from rentals, interest on deferred payments,
profits from investments, and miscellaneous collections shall be
deposited in the Insular Treasury to be expended upon appropriation by
the Philippine Legislature for the care and welfare of the said lepers
and all administrative expenses incurred under the provisions of this
Act. Should the Philippine Legislature fail to make such appropriation
during any fiscal year, the Secretary of the Interior shall apply to
the Emergency Board, if such exist, in order that it make said
appropriation, and if such Board should no longer exist, or exist, but
fail to take appropriate action, said Secretary of the Interior shall
allot the funds necessary for the purposes aforesaid. At the close of
each fiscal year the unexpended balance of funds subject to
appropriation as aforesaid shall accrue to and become a part of the
trust fund, subject to investment by the Director of Lands."
Sec. 8. Until July first, nineteen hundred and
fifteen purchasers under Act. Numbered Twenty three hundred and sixty
shall have the option to request to rescission of their contracts and
the execution of new contracts under the provisions of this Act.
Sec. 9. This Act shall take effect on its
passage.
Enacted, February 5, 1915
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