LAND TITLES AND DEEDS

I. REGALIAN DOCTRINE - ORIGIN - SPANISH RULE

(JURA REGALIA)
- "OWNERSHIP MUST EMANATE FROM THE STATE"
- the only mode to acquire lands is by PURCHASE OR
GRANT
- private ownership of land under the Spanish regime
could only be founded on royal concessions which took
various forms, namely: (1) titulo real or royal ra!t (!)
"o!"e#io! e#$e"ial or #$e"ial ra!t (") "o%$o#i"io!
"o! el e#ta&o or a&'u#t%e!t title( (#) titulo &e "o%$ra
or title )y $ur"*a#e and ($) i!+or%a"io! $o#e#oria or
$o##e##ory i!+or%atio! title
II. REGALIAN DOCTRINE - 1987 CONSTITUTION
A. COVERAGE OF REGALIAN DOCTRINE
- %ll lands of the PUBLIC DOMAIN belong to the STATE
- &he state is the source of any asserted right to
ownership of land, in charge with the CONSERVATION
OF SUCH PATRIMONY
- &hat all lands not otherwise appearing to be clearly
within private ownership are PRESUMED TO BELONG
TO THE STATE
- %ll lands that have not been acquired from the
government either by PURCHASE o by GRANT belong
to state as part of the INALIENABLE PUBLIC LAND
B. CONSTITUTIONAL BASIS - SEC. !-"# 7 ART. $II
S%&'(o) !. %ll lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are
owned by the State' (ith the e)ception of agricultural
lands, all other natural resources shall not be alienated'
)))
S%&'(o) ". *ands of the public domain are classified into
AGRICULTURAL, FOREST OR TIM-ER, MINERAL
LAN.S AN. NATIONAL PAR/S' %gricultural lands of
the public domain may be further classified by law
according to the uses to which they may be devoted'
%lienable lands of the public domain shall be limited to
agricultural lands' +rivate corporations or associations
may not hold such alienable lands of the public domain
e)cept by lease, for a period not e)ceeding twenty-five
years, renewable for not more than twenty-five years,
and not to e)ceed one thousand hectares in area'
,iti-ens of the +hilippines may lease not more than five
hundred hectares, or acquire not more than twelve
hectares thereof, by purchase, homestead, or grant'
&aking into account the requirements of conservation,
ecology, and development, and sub.ect to the
requirements of agrarian reform, the ,ongress shall
determine, by law, the si-e of lands of the public domain
which may be acquired, developed, held, or leased and
the conditions therefore'
S%&'(o) 7. Save in cases of hereditary succession, no
private lands shall be transferred or conveyed e)cept to
individuals, corporations, or associations qualified to
acquire or hold lands of the public domain'
S%&'(o) 8. /otwithstanding the provisions of Section 0 of
this %rticle, a natural-born citi-en of the +hilippines who
has lost his +hilippine citi-enship may be a transferee of
private lands, sub.ect to limitations provided by law'
III. E$CEPTIONS*
A. POSSESSION OF THE LAND FROM TIME
IMMEMORIAL OF THE CLAIMANT OR HIS
PREDECESSOR IN INTEREST + NATIVE TITLE

- &he ownership of indigenous cultural minorities or
indigenous people to their ancestral lands or domains
has been upheld by the S,' ,C-. /0 S%&. o1 N2'-23
R%0o-&%04
- %pplicable to indigenous cultural minority
- +resumption that the land have never been a public
domain not sub.ect to the regalian doctrine
B. ECCLESIASTICAL PROPERTY + CHURCH
PROPERTY
- &he 1ing of Spain decided that he can2t own ,hurch
+roperty
- &itle of church property can2t be transferred since Spain
has no ownership
- &itle was never transferred to the 3S under &reaty of
+aris under the ma)im of "NEMO .AT 0UO. NON
HA-ET" or NO ONE GI1ES WHAT HE .OESN2T
HA1E3
IV. DEFINITION OF TERMS
A. LAND
- Solid part of the surface of the earth
- +lot ground together with its appurtenances
- Something to or attached to something else or ad.unct
B. LAND TITLE
- 4vidence of the right of the owner or the e)tent of his
interest which means he can maintain control and as a
rules e)ert right in its possession and en.oyment of the
property
E$. TORRENS TITLE4 ORIGINAL CERTIFICATE OF
TITLE a!& TRANFER CERTIFICATE TITLE
C. DEEDS
- refers to a written instrument e)ecuted in accordance
with a form prescribed by law wherein a person grants or
conveys to another land, tenements or hereditaments
- to be effective a deed must have:
A4 GRANTOR
B4 GRANTEE
C4 5ORDS OF GRANT
D4 DESCRIPTION OF THE PROPERTY
E4 SIGNATURE OF THE GRANTOR
F4 ATTESTED BY ATLEAST T5O 5ITNESSES
G4 NOTARIAL AC6NO5LEDGE
- Sec' 11! of +5 1$!6 provides for these requirements
- PU-LIC .OCUMENT i# REGISTRA-LE .OCUMENT
if it complies with Sec' 11! of +5 1$!6
E$. DEED OF DONATION# DEED OF SALE# DEED OF
ASSIGNMENT
D. REGISTRATION
- is the entry made in the registry which RECOR.S
SOLEMNL5 AN. PERMANENTL5 THE RIGHT OF
OWNERSHIP AN. OTHER REAL RIGHTS
E. CLASSIFICATION OF LANDS
PUBLIC DOMINION
- lands intended for some public use
- lands intended for some public service or for some
national wealth
PRIVATE O5NERSHIP
- including patrimonial property of the state
- all property belonging to private persons either
individually or collectively
6PATRIMONIAL PROPERT5 MA5 -E AC0UIRE. -5
AC0UISITI1E PRESCRIPTION 7 OCENA
ALIENABLE AND DISPOSABLE LAND OF THE
PUBLIC DOMAIN
- lands that are capable of private appropriation or
ownership
INALIENABLE
- not capable of private appropriation
REGISTRABLE LANDS 2)7 NON REGISTRABLE
LANDS
REGISTERED LAND 2)7 UNREGISTERED LAND
- covered and not covered by torrens title
PUBLIC LANDS AND PRIVATE LANDS
- not yet segregated from the general mass of the public
domain and segregated already