INTRODUCTION TO LAND OWNERSHIP

AND REGISTRATION IN THE PHILIPPINES

Atty. Pedro Jose F. Bernardo
This text is for limited and exclusive use, and is intended only
for the class in Land Titles and Deeds taught by Atty.
Bernardo at the F! " La #alle Joint $BA%JD Program. &t is
still a 'or(%in%)rogress. !nauthori*ed co)ying and
distribution is strictly )rohibited.
PART I
INTRODUCTION TO LAND OWNERSHIP IN THE PHILIPPINES
I. The Regalian Doctrine and the Constittion
THE REGALIAN DOCTRINE
The +egalian Doctrine is the foremost legal )rinci)le introduced in the )olitical system u)on the
#)anish ,on-uest of the Phili))ine &slands in ./0.. This doctrine assumes that the 1ing, as the
2ead of #tate, has the su)reme )o'er over the land, 'aters, and of the country under 3urisdiction.
Thus, by virtue of discovery and con-uest of the Phili))ine &slands, the 1ing of #)ain ac-uired
exclusive dominion over the &slands.
As ado)ted in our re)ublican system of government, ho'ever, this medieval conce)t of jura
regalia has been stri))ed of its royal overtones4 o'nershi) is vested in the #tate. #uch
o'nershi), according to the case of Lee Hong Hok v. David, reflects the ca)acity of state to o'n
or ac-uire )ro)erty and is understood under the conce)t of dominium. Thus, #ection 0, Article
5&& of the .678 ,onstitution )rovides4 9All lands of the )ublic domain, 'aters, minerals, coal,
)etroleum, and other mineral oils, all forces of )otential energy, fisheries, forests or time,
'ildlife, flora and fauna, and other natural resources are o'ned by the #tate.:
Lee Hong Ho! ". Da"id
;.+. <o. L%=>=76, December 08, .680
D?,T+&<4 Imperium distinguished from dominum. The government authority
)ossessed by the state 'hich is a))ro)riately embraced in the conce)t of sovereignty
comes under the heading of imperium@ and its ca)acity to o'n or ac-uire )ro)erty under
dominium. The use of this term is a))ro)riate 'ith reference to lands held by the state in
its )ro)rietary character. &n such ca)acity, it may )rovide for the ex)loitation and use of
lands and other natural resources, including their dis)osition, exce)t as limited by the
,onstitution.
FA,T#4 Petitioners Lee 2ong 2o( et al. claim that the Torrens Title of +es)ondent
David over the dis)uted land A'hich is )art of the <aga ,adastreB should be declared null
and void. The ,A found no legal 3ustification for nullifying the right of David over the
dis)uted land arising from the grant made in his favor by a))ro)riate )ublic officials.
David had ac-uired la'ful title over said land. The Director of Lands a'arded him an
order for issuance of a sales )atent )ursuant to his miscellaneous sales a))lication.
#ubse-uently, on the basis of such order, the !ndersecretary of Agricultural and <atural
+esources issued a $iscellaneous #ales Patent and an ?,T 'as issued by the +egister of
Deeds of <aga ,ity in favor of the res)ondent.
&##!4 C?< the #tate can dis)ose of lands 'hich have not )assed into )rivate
o'nershi).
2LD4 &n this case the land in -uestion is not )rivate )ro)erty as the Director of Lands
and the #ecretary of Agriculture and <atural +esources have al'ays sustained the )ublic
character thereof for having been formed by reclamation.
&t is 'ell%settled Dthat no )ublic land can be ac-uired by )rivate )ersons 'ithout any
grant, ex)ress or im)lied, from the government.D &t is indis)ensable then that there be a
sho'ing of a title from the state or any other mode of ac-uisition recogni*ed by la'.
0
&n the case at bar, a $iscellaneous #ales Patent and ?,T 'as issued in favor of
res)ondent David by com)etent )ublic officials. 2e had ac-uired the grant and title
legally. The notices regarding the auction sale of the land 'ere )ublished, the actual sale
and a'ard thereof to David 'ere not clandestine but o)en and )ublic official acts of an
officer of the ;overnment. The a))lication 'as merely a rene'al of his deceased 'ifeEs
a))lication, and the said deceased occu)ied the land since .6=7.
AThe first )aragra)h of #ection 0, Article 5&& says that 9all lands of the )ublic domain x x
x and other natural resources are o'ned by the state,:B
A grant by the government through duly com)etent )ublic officials cannot be disregarded
on the )remise that land not )assing into )rivate o'nershi) may not be dis)osed of by the
state.
&n discussing the conce)t of 3ura regalia, the #u)reme ,ourt said4
90. As there are overtones indicative of s(e)ticism, if not of outright re3ection, of
the 'ell%(no'n distinction in )ublic la' bet'een the government authority )ossessed by
the state 'hich is a))ro)riately embraced in the conce)t of sovereignty, and its ca)acity
to o'n or ac-uire )ro)erty, it is not ina))ro)riate to )ursue the matter further. The former
comes under the heading of im)erium and the latter of dominium. The use of this term is
a))ro)riate 'ith reference to lands held by the state in its )ro)rietary character. &n such
ca)acity, it may )rovide for the ex)loitation and use of lands and other natural resources,
including their dis)osition, exce)t as limited by the ,onstitution. Dean Pound did s)ea(
of the confusion that existed during the medieval era bet'een such t'o conce)ts, but did
note the existence of res puli!ae as a corollary to dominium. As far as the Phili))ines
'as concerned, there 'as a recognition by Justice 2olmes in Cari"o v. Insular
Government, a case of Phili))ine origin, that D#)ain in its earlier decrees embodied the
universal feudal theory that all lands 'ere held from the ,ro'n . . .D That 'as a
manifestation of the conce)t of jura regalia, 'hich 'as ado)ted by the )resent
,onstitution, o'nershi) ho'ever being vested in the state as such rather than the head
thereof. Chat 'as stated by 2olmes served to confirm a much more extensive discussion
of the matter in the leading case of #alenton v. $ur!iano, decided in .6>F. ?ne of the
royal decrees cited 'as incor)orated in the Re!opila!ion de Le%es de las Indias in these
'ords4 DCe having ac-uired in sovereignty over the &ndies, and all lands, territories, and
)ossessions not heretofore ceded a'ay by our royal )redecessors, or by us, or in our
name, still )ertaining to the royal cro'n and )atrimony, it is our 'ill that all lands 'hich
are held 'ithout )ro)er and true deeds of grant be restored to us according as they belong
to us, in order that after reserving before all 'hat to us or to our viceroys, audiencias, and
governors may seem necessary for )ublic s-uares, 'ays, )astures, and commons in those
)laces 'hich are )eo)led, ta(ing into consideration not only their )resent condition, but
also their future and their )robable increase, and after distributing to the natives 'hat
may be necessary for tillage and )asturage, confirming them in 'hat they no' have and
giving them more if necessary, all the rest of said lands may remain free and
unencumbered for us to dis)ose of as 'e may 'ish.D
&t could therefore be affirmed in $ontano v. Insular Government that Das to the
una))ro)riated )ublic lands constituting the )ublic domain the sole )o'er of legislation
is vested in ,ongress, . . .D They continue to )ossess that character until severed
therefrom by state grant. Chere, as in this case, it 'as found by the ,ourt of A))eals
that the dis)uted lot 'as the result of reclamation, its being correctly categori*ed as
)ublic land is undeniable. Chat 'as held in 2eirs of Datu Pendatun v. Director of Lands
finds a))lication. Thus4 DThere being no evidence 'hatever that the )ro)erty in -uestion
'as ever ac-uired by the a))licants or their ancestors either by com)osition title from the
#)anish ;overnment or by )ossessory information title or by any other means for the
ac-uisition of )ublic lands, the )ro)erty must be held to be )ublic domain.D For it is
=
'ell%settled Dthat no )ublic land can be ac-uired by )rivate )ersons 'ithout any grant,
ex)ress or im)lied, from the government.D &t is indis)ensable then that there be a
sho'ing of a title from the state or any other mode of ac-uisition recogni*ed by la'. The
most recent restatement of the doctrine, found in an o)inion of Justice J.B.L. +eyes,
follo's4 DThe a))licant, having failed to establish his right or title over the northern
)ortion of Lot <o. FG= involved in the )resent controversy, and there being no sho'ing
that the same has been ac-uired by any )rivate )erson from the ;overnment, either by
)urchase or by grant, the )ro)erty is and remains )art of the )ublic domain.D To re)eat,
the second assignment of error is devoid of merit.:
The a))lication of +egalian Doctrine on the o'nershi) by the #tate of the )ublic domain
therefore im)lies that any )erson claiming o'nershi) of a )ortion of the )ublic domain must be
able to sho' title from the state according to any of the recogni*ed modes of ac-uisition of title.
Thus, all lands not other'ise a))earing to be clearly 'ithin )rivate o'nershi) are presumed to
belong to the #tate. To overcome such )resum)tion, incontrovertible evidence must be sho'n by
the a))licant that the land sub3ect of the a))lication is alienable or dis)osable.
Collado ". Cort o# A$$eals
=6> #,+A =F=
D?,T+&<4 All lands not other'ise a))earing to be clearly 'ithin )rivate o'nershi) are
)resumed to belong to the #tate.
FA,T#4 Petitioner filed 'ith the land registration court an a))lication for registration of
a )arcel of land, alleging that they had occu)ied the land since time immemorial and that
their )ossession had been o)en, )ublic, notorious and in the conce)t of o'ners. The court
rendered a decision confirming the im)erfect title of )etitioners, holding that )etitioners
had adduced sufficient evidence to establish their registrable rights over the Lot. ?n
a))eal, the ,ourt of A))eals granted the )etition and declared the decision of the trial
court null and void. &t cited the +egalian Doctrine, enshrined in the .6=/ AArt. 5&&&, #ec.
.B, .68= AArt. 5&H, #ec. 7B, and .678 ,onstitution AArt. 5&&, #ec. 0B, 'hich states that all
lands of the )ublic domain belong to the #tate. An a))licant, li(e the )rivate res)ondents
herein, bears the burden of overcoming the )resum)tion that the land sought to be
registered forms )art of the )ublic domain.&n the case at bar, )rivate res)ondents failed to
)resent any evidence 'hatsoever that the land a))lied for has been segregated from the
bul( of the )ublic domain and declared by com)etent authority to be alienable and
dis)osable. Corse, the technical descri)tion signed by the officer in charge of the survey
division in the Bureau of Lands categorically stated that the survey 'as inside 9$ari(ina
Catershed:. The main thrust of )etitionersI claim over the Lot is that 9all Presidential
)roclamations li(e the )roclamation setting aside the $ari(ina Catershed +eservation
are sub3ect to )rivate rights.: They claim that the )resum)tion of la' then )revailing
under the Phili))ine Bill of .6>0 and Public Land Act <o. 60G 'as that the land
)ossessed and claimed by individuals as their o'n are agricultural lands and therefore
alienable and dis)osable.
2LD4 The ,ourt finds the )etition bereft of merit. &t 'as erroneous for )etitioners to
argue that under the Phili))ine Bill of .6>0 and Public Land Act <o. 60G, mere
)ossession by )rivate individuals of lands creates the legal )resum)tion that the lands are
alienable and dis)osable. The term 9)ublic land: referred to all lands of the )ublic
domain 'hose title still remained in the government and are thro'n o)en to )rivate
a))ro)riation and settlement, and excluded the )atrimonial )ro)erty of the government
and the friar lands.: The .678 ,onstitution )rohibits the alienation of all natural
resources exce)t agricultural lands of the )ublic domain. Catershed +eservation is a
<atural +esource.
F
&t can therefore be concluded that )etitioners did not ac-uire )rivate rights over the )arcel
of land )rior to the issuance of ? == segregating the same as a 'atershed reservation.
An im)erfect title may be derived from old #)anish grants or a continuous, o)en and
notorious )ossession and occu)ation of agricultural lands of the )ublic domain under a
bona fide claim of o'nershi) for at least thirty years )receding the filing of his
a))lication as )rovided by #ection F7 AbB ,A .F.. The )etitioners 'ere unable to ac-uire
a valid and enforceable right or title because of the failure to com)lete the re-uired )eriod
of )ossession, 'hether under the original #ection F7 AbB of ,A .F. )rior to the issuance
of ? ==, or under the amendment by +A .6F0 and PD .>8=.
At the same time, ? == reserved the Lot as a 'atershed. #ince then, the Lot became
non%dis)osable and inalienable )ublic land. The )eriod of occu)ancy after the issuance of
? == in .6>F could no longer be counted because as a 'atershed reservation, the Lot
'as no longer susce)tible of occu)ancy, dis)osition, conveyance or alienation. #ection
F7 AbB of ,A .F., as amended, a))lies exclusively to alienable and dis)osable )ublic
agricultural land.
A )ositive act of the xecutive De)artment is needed to declassify land 'hich had been
earlier classified as a 'atershed reservation and to convert it into alienable or dis)osable
land for agricultural or other )ur)oses. ?nce a )arcel of land is included 'ithin a
'atershed reservation duly established by xecutive Proclamation, as in the instant case,
a )resum)tion arises that the land continues to be )art of such +eservation until clear and
convincing evidence of subse-uent declassification is sho'n.
vidence on record thus a))ears unsatisfactory and insufficient to sho' clearly and
)ositively that the Lot had been officially released from the $ari(ina Catershed
+eservation to form )art of the alienable and dis)osable lands of the )ublic domain.
Thus, neither )etitioners nor their )redecessors%in%interest have been in o)en, continuous,
exclusive and notorious )ossession and occu)ation of the Lot for at least thirty years
immediately )receding the filing of the a))lication for confirmation of title.
Pang!ati$ran ". Cort o# A$$eals
=86 #,+A G0.
D?,T+&<4 !nder the +egalian doctrine, all lands of the )ublic domain belong to the
#tate, and the #tate is the source of any asserted right to o'nershi) in land and charged
'ith the conservation of such )atrimony. This same doctrine also states that all lands not
other'ise a))earing to be clearly 'ithin )rivate o'nershi) are )resumed to belong to the
#tate. To overcome such )resum)tion, incontrovertible evidence must be sho'n by the
a))licant that the land sub3ect of the a))lication is alienable or dis)osable.
FA,T#4 Petitioner filed 'ith the ,ourt of First &nstance an a))lication for 3udicial
confirmation and registration of title to certain lots. The ,ourt of First &nstance
)romulgated a decision confirming )etitionersI title to the )ro)erty. The ?fficial
,ertificate Title 'as issued in the name of the )etitioners. +e)ublic of the Phili))ines
filed 'ith the &ntermediate A))ellate ,ourt an action to declare the )roceedings and titles
derived therefrom as null and void, to direct the register of deeds to annul said certificates
of title, and to confirm the sub3ect land as )art of the )ublic domain. The ,ourt of
A))eals set aside the June ./, .6G8 decision of the court a -uo and ordered that the
sub3ect lot be reverted bac( to the )ublic domain.
2LD4 The )etition is bereft of merit. !nless )ublic land is sho'n to have been
reclassified or alienated to a )rivate )erson by the #tate, it remains )art of the inalienable
)ublic domain. ?ccu)ation thereof in the conce)t of o'ner, no matter ho' long, cannot
ri)en into o'nershi) and be registered as a title.
/
vidence on record sho'ed that at the time of filing of the a))lication for land
registration and issuance of the certificate of title over the dis)uted land in the name of
)etitioners, the same 'as timberland and formed )art of the )ublic domain. Based on a
'rong conce)t of 'hat is forest land, the court a -uo found registrable title in favor of
)etitioners based on the +e)ublicIs failure to sho' that the land is more valuable as forest
land than for agricultural )ur)oses.
There 'as no evidence sho'ing that the land has been reclassified as dis)osable or
alienable. Before any land may be declassified from the forest grou) and converted into
alienable or dis)osable land for agricultural or other )ur)oses, there must be a )ositive
act from the government. ven rules on the confirmation of im)erfect titles do not a))ly
unless and until the land classified as forest land is released in an official )roclamation to
that effect so that it may form )art of the dis)osable agricultural lands of the )ublic
domain. Declassification of forest land is an ex)ress and )ositive act of ;overnment. &t
cannot be )resumed. <either should it be ignored nor deemed 'aived.
#ince the land in -uestion is unregistrable, the land registration court did not ac-uire
3urisdiction over the same. Any )roceedings had or 3udgment rendered therein is void
and is not entitled to the res)ect accorded to a valid 3udgment.
APetitionersI contention that the +e)ublic is no' barred from -uestioning the validity of
the certificate of title issued to them considering that it too( the government almost
eighteen A.7B years to assail the same is erroneous. &t is a basic )rece)t that )rescri)tion
does not run against the #tate. The lengthy occu)ation of the dis)uted land by )etitioners
cannot be counted in their favor, as it remained )art of the )atrimonial )ro)erty of the
#tate, 'hich )ro)erty, as stated earlier, is inalienable and indis)osable.B
LI$ITATION& ON THE REGALIAN DOCTRINE
By virtue of the #tateIs )o'er of o'nershi) over the )ublic domain, it could thereby exercise its
rights of o'nershi), 'hich include the )o'er to ex)loit, develo) and alienate such natural
resources. The ,onstitution, ho'ever, )rovides for s)ecific limitations to such )o'er. These are
enumerated in #ections 0 and = of Article 5&&.
Because 'e are no' only concerned 'ith the ,onstitutional limitations on the )o'er of the #tate
to dis)ose of lands of the )ublic domain, 'e note the follo'ing s)ecific )rovisions4
9#,T&?< 0. All lands of the )ublic domain . . . are o'ned by the #tate. Cith the
exce)tion of agricultural lands, all other natural resources shall not be alienated. . .:
9#,T&?< =. Lands of the )ublic domain are classified into agricultural, forest or
timber, mineral lands, and national )ar(s. Agricultural lands of the )ublic domain may be
further classified by la' according to the uses 'hich they may be devoted. Alienable
lands of the )ublic domain shall be limited to agricultural lands. Private cor)orations or
associations may not hold such alienable lands of the )ublic domain exce)t by lease, for a
)eriod not exceeding t'enty%five years, rene'able for not more than t'enty%five years,
and not to exceed one thousand hectares in area. ,iti*ens of the Phili))ines may lease not
more than five hundred hectares, or ac-uire not more than t'elve hectares thereof by
)urchase, homestead, or grant.
Ta(ing into account the re-uirements of conservation, ecology, and develo)ment, and
sub3ect to the re-uirements of agrarian reform, the ,ongress shall determine, by la', the
si*e of lands of the )ublic domain 'hich may be ac-uired, develo)ed, held, or leased and
the conditions therefor.:
G
Thus, 'ith reference to the +egalian Doctrine, these )rovisions )rovide that 'hile no )ublic land
can be ac-uired by )rivate )ersons 'ithout any grant, ex)ress or im)lied, from the government,
only alienable and dis)osable lands of the )ublic domain may nonetheless be sub3ect of such
grant. Furthermore, the grantees of such land, even if alienable, must similarly com)ly 'ith the
citi*enshi) re-uirements )rescribed by the ,onstitution.
&t must also be noted that not'ithstanding the a))lication of the +egalian Doctrine, the coloni*ers
a))lying the doctrine did not intend to stri) the natives of their o'nershi) of lands already
belonging to them. This 'as the ruling in the landmar( case of Cari"o v. Insular Government' ()
*+il. ,-. /),0,1' 'here the #u)reme ,ourt said4 9'hen, as far bac( as testimony or memory
goes, the land has been held by individuals under a claim of )rivate o'nershi), it 'ill be
)resumed to have been held in the same 'ay from before the #)anish con-uest and never have
been )ublic land.: ,onse-uently, such land, if not o'ned by the #tate at the time of the #)anish
con-uest, could not have been ceded by #)ain to the !nited #tates through the Treaty of Paris,
and later, to the Phili))ine ;overnment by the time of the ,ommon'ealth.
The doctrine of immemorial )ossession set forth in Cari"o 'as also recogni*ed in the o)inion
defending the constitutionality +e)ublic Act <o. 7=8. or &ndigenous Peo)leIs +ights Act A&P+AB.
&n the case of Cru2 v. E3e!utive &e!retar%' ;.+. <o. .=/=7/, G December 0>>>, +e)ublic Act <o.
7=8. said 'as assailed as unconstitutional on the ground that it de)rived the state of o'nershi)
over lands of )ublic domain and natural resources contained therein. The votes 'ere deadloc(ed
at 8%8 'hich meant that the validity of the &P+A 'as u)held. The o)inion defending the validity
of the &P+A held that ancestral domain and ancestral lands are )rivate and belong to the
indigenous )eo)le.
Cari%o ". Inslar Go"ern&ent
F. Phil. 6=G
FA,T#4 An &gorot a))lied to the Phili))ine court for registration of a certain )arcel of
land. The )laintiff and his ancestors held the land since time immemorial. The Phili))ine
government o))osed such a))lication saying that there is no )rescri)tion against the
cro'n, and even if there 'as, the land is not registered therefore it is )ublic land by virtue
of the Decree of June 0/, .77> 'hich re-uired registration for good title@ and because of
such the !.#. is the o'ner of the )ro)erty by succeeding #)ain by virtue of the Treaty of
Paris.
&##!4 C?< the land is )ublic or not.
2LD4 &t is not )ublic. &n this case, every )resum)tion must be in favor of the individual
and against the government. Therefore, it can be 9)ro)er and sufficient to say that 'hen,
as far bac( as testimony or memory goes, the land has been held by individuals under a
claim of )rivate o'nershi), it 'ill be )resumed to have been held in the same 'ay from
before the #)anish con-uest, and never to have been )ublic land.: Cith this, it can be
inferred that immemorial )ossession is an exce)tion from the +egalian Doctrine because
it is considered )rivate land even before the #)aniards came, 9'hen the regalia doctrine
'as introduced into the Phili))ines by coloni*ers, the coloni*ers did not intend to stri)
the natives of their o'nershi) of lands already belonging to them.:
Cith regards to the Decree of June 0/, .77>, it intended to correct the 'rongful
occu)ation by Fili)inos of land belonging to the cro'n. There is no evidence that the
)ossession of the )etitioner is 'rongful.
8
Cr' ". E(ecti"e Secretar)
=F8 #,+A .07
FA,T#4 +A 7=8. 'as assailed as unconstitutional on the ground that it de)rived the
#tate of its o'nershi) over lands of the )ublic domain and the natural resources in them.
+A 7=8. defined 'hat are ancestral domains and ancestral lands.
2LD4 The vote 'as 8%8 'hich meant that validity 'as u)held. The o)inion defending
constitutionality held the follo'ing4 A.B ancestral domain and ancestral lands are not )art
of lands of the )ublic domain. They are )rivate and belong to indigenous )eo)le. #ection
/ commands the state to )rotect the rights of indigenous )eo)le. Cari"o v. Insular
Government recogni*ed native title held by Fili)inos from time immemorial and
excluded them from the coverage of jura regalia. A0B The right of o'nershi) granted does
not include natural resources. The right to negotiate terms and conditions over natural
resources covers only ex)loration to ensure environmental )rotection. &t is not a grant of
ex)loration rights. A=B The limited right of management refers to utili*ation as ex)ressly
allo'ed in #ection 0, Article 5&&. AFB Chat is given is )riority right, not exclusive right. &t
does not )reclude the #tate from entering into co%)roduction, 3oint venture, or )roduction
sharing agreements 'ith )rivate entities.
The o)inion assailing the constitutionality of the la' held the follo'ing4 A.B the la'
amounts to an abdication of state authority over a significant area of the countryIs
)atrimony@ A0B it relin-uishes full control of natural resources in favor of indigenous
)eo)le@ A=B the la' contravenes the )rovision 'hich says that all natural resources belong
to the state.
&n addition, Phili))ine 3uris)rudence has also recogni*ed that aside from lands held by )erson
through immemorial )ossession, )ro)erties of the #tate, even if administered by the #)anish
coloni*ers, are also not considered )ublic land. &t 'as not the 1ing of #)ain 'ho 'as the o'ner
of ecclesiastical )ro)erty during the time of the #)anish occu)ation@ these lands 'ere o'ned by
the +oman ,atholic ,hurch. Therefore ecclesiastical )ro)erty 'as never )ublic land and could
not have been transferred to the !nited #tates by virtue of the Treaty of Paris.
*arlin ". Ra&ire'
8 Phil. F.
FA,T#4 Barlin a))ointed +amire* to administer ,hurch )ro)erty. Chen the former
as(ed the latter to return the said )ro)erty, the latter refused. 2e said that the )ro)erty
belongs to the #tate, and the same is granted to him by the #tate.
&##!4 C?< Barlin should return the said )ro)ertyJ
2LD4 Kes, he should return the said )ro)erty. First, he is sto))ed by recogni*ing that
the said )ro)erty 'as only entrusted to him. #econd the land belongs to the +oman
,atholic ,hurch. #ince it belonged to the +oman ,atholic ,hurch, it 'as never )ublic
and therefore it 'as not included to the )ro)erty ceded by #)ain to the !.#. by virtue of
the Treaty of Paris.
Ro&an Catholic Chrch ". +nici$al o# Tarlac
6 Phil. F/>
FA,T#4 Prior to the +evolution, the ,hurch and cemetery is controlled and administered
by the +oman ,atholic ,hurch. The said )ro)erties 'here destroyed during the
revolution. ?n January .>, .6>=, by virtue of the circular, the &nsular ;overnment
conveyed the land to the &nde)endent Fili)ino ,hurch for the )ur)ose of administration
7
in favor of the $unici)ality of Tarlac. The +oman ,atholic ,hurch see(s to get the
)ro)erty bac(. The res)ondent said that the +,, only administered the )ro)erty but does
not o'n it because it belongs to the #tate.
&##!4 C?< the )ro)erty involved belonged to the #tate.
2LD4 <o, it belongs to the ,hurch. As it 'as held in Barlin v. +amire*, even though
the )ro)erty is administered by the #)anish government it belonged to the +,, and
therefore )rivate )ro)erty. &t could not have been )art of the lands ceded to the !.#. by
#)ain. And because it is not )art of the )ro)erty ceded, it is not a )ro)erty of the #tate
and cannot by conveyed by it.
Friar lands 'ere also an exce)tion to the +egalian Doctrine because they are )rivate lands at the
time #)ain ceded to the !nited #tates the Phili))ine &slands and by the time they 'ere )urchased
by the government they 'ere )atrimonial )ro)erty.
.
II. Lands o# the P,lic Do&ain
The term 9)ublic lands: refer to such lands of the )ublic domain as are sub3ect to alienation and
dis)osal by the #tate in accordance 'ith ,ommon'ealth Act <o. .F., of the Public Land Act. &t
does not include all lands of government o'nershi), but only so much of said lands as are thro'n
o)en to )rivate a))ro)riation and settlement. Accordingly, 9government land: and 9)ublic land:
are not synonymous terms@ the first is more extensive and embraces not only the second by also
other lands of the government already reserved to )ublic use or sub3ect to )rivate right.
0
GENERAL CLA&&I4ICATION O4 LAND& O4 THE *56LIC DO$AIN
As already set forth above, #ection =, Article 5&& of the .678 ,onstitution classifies lands of the
)ublic domain as A.B agricultural, A0B forest or timber, A=B mineral and AFB national )ar(s. The
classification is descri)tive of the legal nature of the land and not of 'hat it loo(s li(e.
Furthermore, under #ection 0, Article 5&&, alienable lands of the )ublic domain under the
,onstitution are limited only to agricultural lands.
This is reflected in #ection G of ,ommon'ealth Act <o. .F. of the Public Land Act. Chile the
Public Land Act generally deals only 'ith alienable lands of the )ublic domain,
=
it nonetheless
)rovides the follo'ing s)ecific )rovision4
#,T&?< G. The President, u)on the recommendation of the #ecretary of
Agriculture and ,ommerce, shall from time to time classify the lands of the )ublic
domain into L
AaB Alienable or dis)osable,
AbB Timber, and
AcB $ineral lands,
1
Jacinto v. Director of Lands, F6 Phil. 7/=.
2
<A+,&#? PMA, P2&L&PP&< LAC ?< <AT!+AL +#?!+,# .8 A.668B. Nhereinafter PMA, <AT!+AL
+#?!+,#O.
3
&ee #ection 0 of the Public Land Act.
6
and may at any time and in a li(e manner transfer such lands from one class to another,
for the )ur)oses of their administration and dis)osition.
<otably, the )o'er to classify lands of the )ublic domain is vested in the President. &n Dire!tor
o7 Lands v. Court o7 Appeals,
F
the #u)reme ,ourt, a))lying the foregoing )rovision, ruled that
9the classification of )ublic land is an exclusive )rerogative of the xecutive De)artment of the
;overnment and not of the ,ourts. &n the absence of such classification, the lands remain as
unclassified land until it is released therefrom and rendered o)en to dis)osition. This should be so
under time honored ,onstitutional )rece)ts. This is also in consonance 'ith the +egalian
Doctrine that all lands of the )ublic domain belong to the #tate, and that the #tate is the source of
any asserted right to o'nershi) in the land and charged 'ith the conservation of such )atrimony.:
#uch classifications, ho'ever, must be categorical4 that is, land is either com)letely agricultural
or com)letely mineral or com)letely forest or )ar(.
/
A land cannot have a mixed classification.
&n Repuli! v. Court o7 Appeals,
G
9the ,ourt feels that the rights over the land are indivisible and
that the land itself cannot be half agricultural and half mineral. The classification must be
categorical4 the land must be either com)letely mineral or com)letely agricultural.:
Furthermore, the ,ourt ruled in Dire!tor o7 Lands v. 8udge A9uino,
8
that the classification of land
does not change 'hen the nature of the land changes. A )ositive act of the executive is
nonetheless needed. Anyone 'ho claims that the classification has been changed must be able to
sho' the )ositive act of the President indicating such )ositive act.
Director o# Lands ". A-ino
.60 #,+A 06G
FA,T#4 Abra industrial ,or)oration sought to register a 9limestone%rich 8> hectar land
in Bucay, Abra GG hectars of 'hich allegedly belongs to the ,entral ,ordillera Forest
+eserve. The lo'er court gave due course to the a))lication. &t ruled that although )art of
the land is 'ithin the forest reserve the Bureau of Forestry 9offered no ob3ection to
exclude the same area from the forest reserve.: The Director Lands contends such ruling
as incorrect.
&##!4 C?< the Lo'er ,ourt is correct in granting the a))lication for registration.
2LD4 <o, The lac( of ob3ection on the )art of the Bureau of Forestry is of no moment
because the classification of lands is )rivilege given only to the President. Cithout any
)ositive act from him, a land cannot be classified nor re%classified.&n the )resent case,
there 'as no )ositive act 'hatsoever from the executive de)artment classifying such land
an alienable or dis)osable. Therefore, the a))lication for registration must be denied
because the land involved cannot be alienated because it is Forest Land.
Director o# Lands ". Cort o# A$$eals
0.. #,+A 7G6
4
.06 #,+A G76
5
B+<A#, ,?$$<TA+K supra note .=, at ..F/.
6
.G> #,+A 007 A.677B.
7
;.+. <o. =.G77, December .8, .66>.
.>
FA,T#4 +es)ondents tried to register a certain )arcel of land. They have used the said
land for raising livestoc( for many years. The government o))osed stating the land is
classified as a forest land.
&##!4 C?< the registration )ro)er.
2LD4 <o. The )o'er to classify lands of )ublic domain resides in the executive
de)artment. And if there is )roof the executive de)artment that such land is classified as a
forest land therefore the burden of )roof is u)on the a))licant to sho' that the involved
land is already classified as alienable. &n the )resent case, the a))licant failed to sho'
such )roof. The ,ourt also held that the 'ord 9timber: land in the Public Land Act is the
same as 9forest: land in the ,onstitution. And even if the land does not loo( li(e a forest
it is still forest land as long as it is classified as such.
&t should also be stressed, ho'ever, that, by virtue of the +egalian Doctrine, the )o'er of the
executive to classify lands of the )ublic domain is only a delegated )o'er by the Phili))ine
legislature. Thus, under #ection G of the Public Land Act, both the President and ,ongress are
em)o'ered to declare 'hat )ublic lands are o)en to dis)osition or concession under this Act.
&n addition to the )o'er to classify lands of the )ublic domain into alienable or dis)osable, timer,
mineral lands and, through the <i)as Act, national )ar(s, the President also has the )o'er to
declare other'ise alienable or dis)osable lands as reservations, for to'n sites and for other )ublic
and semi%)ublic )ur)oses.
7
The effect of such reservation is that such land, 'hile alienable,
cannot be transferred to )ublic individuals, and must be held by the #tate, either through the
national government or a corres)onding local government unit.
THE *56LIC LAND ACT AND THE CLA&&I4ICATION O4 ALIENA6LE LAND&
O4 THE *56LIC DO$AIN
Public lands, or those lands of the )ublic domain 'hich are o)en to dis)osition and alienation, are
governed by ,ommon'ealth Act <o. .F., or the Public Land Act. Passed into la' in .67=, the
Act sought to codify all la's relating to )ublic lands then existing at the time of its enactment.
Thus, #ection 0 of the Public Land Act )rovides for the la'Is coverage4
#,T&?< 0. The )rovisions of this Act shall a))ly to the lands of the )ublic
domain@ but timber and mineral lands shall be governed by s)ecial la's and
nothing in this Act )rovided shall be understood or construed to change or
modify the administration and dis)osition of the lands commonly called Dfriar
landsD and those 'hich, being )rivately o'ned, have reverted to or become the
)ro)erty of the ,ommon'ealth of the Phili))ines, 'hich administration and
dis)osition shall be governed by the la's at )resent in force or 'hich may
hereafter be enacted.
xce)ted from the Act 'ere timber and mineral lands, 'hich 'ere to be governed by s)ecial
la's, as 'ell as 9friar lands:
6
and those 'hich, being )rivately o'ned, have reverted bac( to the
government.
8
&ee Title H of the Public Land Act.
9
Friar lands, 'hich are different from lands o'ned by the ,hurch, are those lands of certain haciendas 'hich
'ere ac-uired by the government from religious ordersPcor)orations or organi*ations in .6>0. 2o'ever, even
though they 'ere bought by the Phili))ine ;overnment they are not considered )ublic lands AAct ..0>B.
..
Friar lands, 'hich are different from lands o'ned by the ,hurch, are those lands of certain
haciendas 'hich 'ere ac-uired by the government from religious ordersPcor)orations or
organi*ations in .6>0. 2o'ever, even though they 'ere bought by the Phili))ine ;overnment
they are not considered )ublic lands.
.>
<otably, once )ublic lands ac-uired under any of the methods )rovided by the Public Land Act,
these are no longer to be governed by the )rovisions of the said Act. Thus, it 'as held that 'here
)art of the )ublic lands has been legally a))ro)riated or ac-uired by a )rivate individual, the
same shall be deemed segregated from the mass of the )ublic lands and no la' or )roclamation
thereafter made or issued relating to )ublic lands shall o)erate u)on it inasmuch as the sub3ect of
such free%hold or )rivate land is not embraced in nor covered by the title of said Act.
..

!nder #ection 6 of the Public Land Act, alienable and dis)osable lands of the )ublic domain are
further classified as AaB Agricultural, AbB +esidential, commercial, industrial, or for similar
)roductive )ur)oses@ AcB ducational, charitable, or other similar )ur)oses@ and AdB +eservations
for to'n sites and for )ublic and -uasi%)ublic uses.
#,T&?< 6. For the )ur)ose of their administration and dis)osition, the lands of the
)ublic domain alienable or o)en to dis)osition shall be classified, according to the use or
)ur)oses to 'hich such lands are destined, as follo's4
AaB Agricultural@
AbB +esidential, commercial, industrial, or for similar )roductive )ur)oses@
AcB ducational, charitable, or other similar )ur)oses@
AdB +eservations for to'n sites and for )ublic and -uasi%)ublic uses.
The President, u)on recommendation by the #ecretary of Agriculture and ,ommerce,
shall from time to time ma(e the classifications )rovided for in this section, and may, at
any time and in a similar manner, transfer lands from one class to another.
&t should be stressed that 'hile #ection 6 classifies agricultural land se)arate from residential,
commercial, educational, reservations, etc., all lands enumerated under the said )rovision all
corres)ond to agricultural land as understood 'ithin #ection =, Article 5&& of the ,onstitution as
o)en to alienation or dis)osition. The classification under #ection 6, therefore, is for )ur)oses of
administration and disposition, according to the )ur)ose to 'hich said lands are es)ecially
ada)ted. But not'ithstanding this classification, all of said lands are essentially agricultural lands
'hich may be alienated.
$ODE& O4 DI&*O&ITION O4 *56LIC LAND&
As 'e have learned under the +egalian Doctrine, no )ublic land can be ac-uired by )rivate
)ersons 'ithout any grant, ex)ress or im)lied from the government. &n other 'ords, it is
indis)ensable that there be a sho'ing of a title form the state. ?ne claiming 9)rivate rights: must
10
C2+A#, the said lands are not D)ublic landsD in the sense in 'hich those 'ords are used in the Public
Land Act, <umber <ine 2undred and t'enty%six, and cannot be ac-uired or leased under the )rovisions thereof,
and it is necessary to )rovide )ro)er agencies for carrying out the terms of said contracts of )urchase and the
re-uirements of said Act of ,ongress 'ith )reference to the leasing and selling of said lands and the creation of a
sin(ing fund to secure the )ayment of the bonds so issued AAct ..0>B.
11
,entral ,a)i* v. +amire*, ;+ <o. F>=66, F> Phil. 77= A.66>B.
.0
)rove that he has com)lied 'ith the Public Land Act 'hich )rescribes the substantive as 'ell as
the )rocedural re-uirements for ac-uisition of )ublic lands.
.0

Furthermore, only those lands shall be declared o)en to dis)osition or concession 'hich have
been officially delimited and classified and, 'hen )racticable, surveyed, and 'hich have not been
reserved for )ublic or -uasi%)ublic uses, nor a))ro)riated by the government, nor in any manner
become )rivate )ro)erty, nor those on 'hich a )rivate right authori*ed and recogni*ed by the Act
or any valid la' may be claimed or 'hich, having been reserved or a))ro)riated have ceased to
be so. &n the absence of such classification, the land remains as unclassified land until it is
released therefrom and rendered o)en to dis)osition.
.=
&n $enguito v. Repuli!,
.F
it 'as held that
unless )ublic land is sho'n to have been reclassified or alienated to a )rivate )erson by the #tate,
it remains )art of the inalienable )ublic domain. &ndeed, occu)ation thereof in the conce)t of
o'ner, no matter ho' long, cannot ri)en into o'nershi) and be registered as a title.
A. Agri!ultural Lands
Public lands suitable for agricultural )ur)oses can be dis)osed of only as follo's, and not
other'ise4
./
A.B For homestead settlement@
A0B By sale@
A=B By lease@
AFB By confirmation of im)erfect or incom)lete titles4
AaB By 3udicial legali*ation@
AbB By administrative legali*ation Afree )atentB.
Homestead &ettlement
By homestead is meant the home, the house and the ad3oining land 'here the head of the family
d'ells@ the home farm@ the fixed residence of the head of a family, 'ith the land and buildings
surrounding the main house.
.G
Technically, and under the modern homestead la's, it is an
artificial estate in land, devised to )rotect the )ossession and en3oyment of the o'ner against the
claims of his creditors, by 'ithdra'ing the )ro)erty from execution and forced sale, so long as
the land is occu)ied as a home.
.8

To -ualify for a homestead settlement, the a))licant must sho' that he is a citi*en of the
Phili))ines over the age of eighteen years, or is the head of a family, and does not o'n, or has not
received by gratuitous allotment from the government, more than t'enty%four hectares of land in
the Phili))ines. #uch homestead settlement must not exceed t'enty%four hectares of agricultural
land of the )ublic domain.
.7
&n order to be entitled to a land grant, the a))licant is re-uired to
cultivate and im)rove at least .P/ of the land continuously since the a))roval of the a))lication
12
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at .6.
13
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at 0>.
14
=F7 #,+A .07 A0>>>B.
15
#ection .., Public Land Act.
16
?liver v. #no'den, .7 Fla. 70/, F= Am. +e). =77.
17
Buc(ingham v. Buc(ingham, 7 $ich. 76, F/ <.C. />F.
18
#ection .0, Public Land Act. <ote, ho'ever, that under #ection =, Article 5&& of the ,onstitution, 9,iti*ens
of the Phili))ines may lease not more than five hundred hectares, or ac-uire more than t'elve hectares thereof by
)urchase, homestead or grant.:
.=
and has resided therein for at least one year in the munici)ality in 'hich the land is located, or in
a munici)ality ad3acent to the same.
.6

#hould the a))licant com)ly 'ith the foregoing obligations, he shall ac-uire a vested right to the
land, and 'ill be entitled to receive a final deed of conveyance called a homestead )atent. The
execution and delivery of the )atent, after the right to a )articular )arcel of land has become
com)lete, are the mere ministerial acts of the officer charged 'ith that duty. ven 'ithout a
)atent, a )erfected homestead is a )ro)erty right in the fullest sense, unaffected by the fact that
the )aramount title to the land is still in the government. #uch land may be conveyed or inherited.
<o subse-uent la' can de)rive him of that vested right.
0>
The #u)reme ,ourt has held that once a homestead a))licant has com)lied 'ith all the conditions
essential to a government grant, he ac-uires not only a right to a grant, but a grant of the
government. Thus, 'here all the necessary re-uirements for a grant by the ;overnment are
com)lied 'ith through actual )hysical )ossession o)enly, continuously, and )ublicly, 'ith a right
to a certificate of title to said land, the )ossessor is deemed to have already ac-uired by o)eration
of la' not only a right to a grant, but a grant of the ;overnment, for it is not necessary that a
certificate of title to be issued in order that said grant may be sanctioned by the courts " an
a))lication therefore being sufficient under the Public Land Act.
0.
As ex)lained in La+ora v. Da%ang+irang,
00
'here dis)osable )ublic land is granted by the
government by virtue of a )ublic land )atent Ali(e homestead, sales or free )atentB, the )atent is
recorded and the corres)onding certificate of title is issued to the grantee@ thereafter, the land is
automatically brought 'ithin the o)eration of the Pro)erty +egistration Decree, entitled to all the
safeguards of a veritable Torrens title. &n other 'ords, u)on ex)iration of one year from its
issuance, the certificate of title shall become irrevocable and indefeasible li(e a certificate issued
in a registration )roceeding.
&n *ajoma%o v. $anipon,
0=
it 'as held that once a homestead )atent granted in accordance 'ith
the Public Land Act is registered, the certificate of title issued by virtue of said )atent has the
force and effect of a Torrens title issued through 3udicial registration )roceedings. This )rinci)le
is a))licable to certificates of title issued by virtue of other land )atents under the Public Land
Act.

&ale
Agricultural lands may also be dis)osed of through sale in favor of any citi*en of the Phili))ines
over .7 years of age or the head of a family, but not to exceed t'elve hectares.
0F
The sale is
re-uired to be made through seal )ublic bidding 'hereby the land sought to be )urchased shall be
a'arded to the highest bidder, but the a))licant may e-ual the highest bid.
0/
The )urchase )rice
may be )aid in full u)on the ma(ing of the a'ard or in not more than ten e-ual annual
installments from the date of the a'ard. &t is re-uired that the )urchaser shall have not less than
one%fifth of the land cultivated 'ithin five years from the date of the a'ard, and before any )atent
19
#ection .F, Id.
20
A;,A?&L&, <AT!+AL +#?!+,#, supra note ./, at 0.%00.
21
$esina v. #on*a, ;.+. <o. L%.F800, $ay 0/, .6G>, .>7 Phil. 0/..
22
=8 #,+A =FG A.68.B.
23
=6 #,+A G8G A.68.B.
24
&upra note .=8.
25

.F
is issued, he must sho' actual occu)ancy, cultivation and im)rovement of at least one%fifth of the
land until the date of final )ayment.
0G
&n addition to the foregoing obligations, the grantee is also not )ermitted to convey or encumber
any of his rights over the land to any )erson, cor)oration, or association 'ithout the a))roval of
the #ecretary of nvironment and <ational +esources. This limitation shall subsist for a )eriod
of ten A.>B years from the title is granted to the )atentee. <otably, any sale or encumbrance made
in violation of the )rovisions of this section shall be null and void, and shall )rocedure the effect
of annulling the ac-uisition and reverting the )ro)erty and all rights thereto to the #tate, and all
)ayments on the )urchase )rice made to the government shall be forfeited.
08
Lease
Any citi*en of la'ful age of the Phili))ines, and any cor)oration or association of 'hich at least
sixty per !entum of the ca)ital stoc( or of any interest in said ca)ital stoc( belongs 'holly to
citi*ens of the Phili))ines, may lease any tract of agricultural )ublic land available for lease
under ,ha)ter H& ALeaseB of the Act.
07
Pursuant to #ection =, Article 5&& of the ,onstitution,
)rivate cor)orations may lease alienable lands of the )ublic domain for a )eriod not exceeding 0/
years, rene'able for not more than 0/ years, and not to exceed .,>>> hectares. ,iti*ens of the
Phili))ines may lease not more than />> hectares, or ac-uire no more than .0 hectares thereof by
)urchase, homestead or grant.
06

&t shall be an inherent and essential condition of the lease that the lessee shall have not less than
one%third of the land bro(en and cultivated 'ithin five years after the date of the a))roval of the
lease. 2o'ever, in case the land leased is to be devoted to )asture, it shall be sufficient
com)liance 'ith this condition if the lessee shall gra*e on the land as many heads of cattle as 'ill
occu)y at least one%half of the entire area at the rate of one head )er hectare.
=>
8udi!ial !on7irmation o7 imper7e!t or in!omplete title
!nder the Public Land Act, )ersons already in )ossession of alienable lands of the )ublic domain
may, by the mere )assage of time or failure to obtain title through no fault of their o'n, be
constituted o'ners of the said )arcels of land, sub3ect to the -ualifications and limitations set
forth therein.
Thus, 'hen an a))licant conforms to all the re-uisites of confirmation )rescribed under the
Public Land Act, he obtains the right to a grant 'ithout the necessity of a certificate of title being
issued. The a))lication for confirmation becomes a mere formality, the lac( of 'hich does not
affect the legal sufficiency of the title as 'ould be evidenced by the )atent and the Torrens title to
be issued u)on the strength of said )atent.
=.
Ssi ". Ra'on
F7 Phil. F0F A.60/B
26
#ections 00, 0G and 07, Public Land Act.
27
#ection 06, Id.
28
#ec. ==, Iid.
29
A;,A?&L&, <AT!+AL +#?!+,#, supra note ./, at 0F%0/.
30
#ec. =6, ,ommon'ealth Act <o. .F..
31
2erico v. DA+, 6/ #,+A F=8 A.67>B.
./
Petitioner #usi has been in o)en, continuous, adverse and )ublic )ossession, )ersonally
and through his )redecessors, of a certain )arcel of land since .77>. Then the Director of
Lands sold the said land to the res)ondent by virtue of an a))lication for )urchase filed
on August ./, .6.F. The court ruled that by the time the res)ondent filed his a))lication
for )urchase the )etitioner has already )ossessed the land for thirty%four years, the
)etitioner already had a right over the land. By that time ,the land ceased to be )ublic and
therefore removing it from the dis)osition of the Director of Lands therefore ma(ing the
sale bet'een the Director of Lands and +a*on invalid.
,onfirmation of im)erfect title over alienable lands of the )ublic domain may be achieved
3udicially, or through administrative confirmation via the issuance of free )atents.

i. 8udi!ial !on7irmation o7 imper7e!t title
The Public Land Act, and subse-uent amendments thereto,
=0
enumerate the follo'ing
re-uirements necessary for the 3udicial confirmation of im)erfect title4
A.B The land sought to be registered must form )art of the alienable and dis)osable lands of
the )ublic domain.
The current state of la' re-uires that the land sought to be registered must be alienable and
dis)osable land of the )ublic domain. As )rovided in Presidential Decree <o. .>8=, 'hich
amends #ection F7AbB and AcB of the Act4
9#ec. F. The )rovisions of #ection F7AbB and AcB, ,ha)ter H&&&, of the Public Land Act
are hereby amended in the sense that these )rovisions shall a))ly only to alienable and
dis)osable lands of the )ublic domain 'hich have been in o)en, continuous, exclusive
and notorious )ossession and occu)ation by the a))lication himself or thru his
)redessessor%in%interest, under a ona 7ide claim of ac-uisition of o'nershi), since June
.0, .6F/.
Thus, lands classified as forest or timber lands, mineral lands and lands 'ithin national )ar(s are
excluded. This is due to the rule in #ection 0, Article 5&& of the ,onstitution, limiting alienable
and dis)osable )ublic lands only to agricultural lands. The rule on confirmation of im)erfect title
does not a))ly unless and until the land classified as, say, a forest land is released in an official
)roclamation to that effect so that it may form )art of the dis)osable agricultural lands of the
)ublic domain.
==
There must be a )ositive act of the government such as a )residential
)roclamation or an executive order, an administrative action@ investigation re)orts of Bureau of
Lands investigators@ and a legislative act or statute.
=F
2ence, the a))licant must secure a
certification from the government that the land a))lied for by the a))licant is alienable and
dis)osable.
=/
&t must be noted, ho'ever, that +e)ublic Act <o. =780, 'hich amended #ection F7 of the Public
Land Act on .7 June .6GF, added a ne' sub%section thereto 'hich recogni*ed the right of cultural
minorities to see( 3udicial confirmation even over lands 'hich 'ere not considered alienable or
dis)osable. This right 'as limited by Presidential Decree <o. .>8= 'hich, as earlier mentioned,
reiterated that only alienable or dis)osable lands of the )ublic domain may be the sub3ect of
3udicial confirmation. <ot'ithstanding the enactment of Presidential Decree <o. .>8=, ho'ever,
=0
+e)ublic Act <o. =780, Presidential Decree <o. .>8=, +e)ublic Act 6.8G.
33
Brace'ell v. ,ourt of A))eals, =0= #,+A .6= A0>>>B.
34
+e)ublic v. ,ourt of A))eals and ,eni*a, =60 #,+A .6> A0>>0B.
35
Director of Lands v. Buyco, 0.G #,+A 87 A.66.B.
.G
the #u)reme ,ourt affirmed in Repuli! v. Court o7 Appeals
=G
that members of cultural minorities
'ere entitled to a))ly for 3udicial confirmation bet'een .7 June .6GF through the enactment of
+e)ublic Act <o. =780, until 0/ January .688 'hen Presidential Decree <o. .>8= 'as issued.
Chile the )resent state of the la' re-uires that only alienable and dis)osable land of the )ublic
domain may be the sub3ect of 3udicial confirmation )roceedings, there is authority to hold that the
land sub3ect of the claim of o'nershi) must be alienable and dis)osable at the time of the filing
of the a))lication for registration of title, and not for the entire )eriod of )ossession.
Repuli! v. Court o7 Appeals and Naguit4
=8
9Q the )hrase 9since June .0, .6F/: -ualifies its antecedent )hrase 9under a
bona fide claim of o'nershi).: ;enerally s)ea(ing, -ualifying 'ords restrict or
modify only the 'ords or )hrases to 'hich they are immediately associated, and
not those distantly or remotely located. 2ence, 'hat the la' merely re-uires is
that the )ro)erty sought to be registered is 9already alienable and dis)osable at
the time the a))lication for registration of title is filed.: &n other 'ords, it is not
necessary that the land be first classified as bona fide claim of o'nershi) could
start. 9&f the #tate, at the time the a))lication is made, has not yet deemed it
)ro)er to release the )ro)erty for alienation or dis)osition, the )resum)tion is
that the government is still reserving the right to utili*e the )ro)erty@ hence, the
need to )reserve its o'nershi) in the #tate irres)ective of the length of adverse
)ossession even if in good faith. 2o'ever, if the )ro)erty has already been
classified as alienable and dis)osable, then there is already an intention on the
)art of the #tate to abdicate its exclusive )rerogative over the )ro)erty.:
=7
A0B The a))licant must be a Fili)ino citi*en, 'ho must have, by himself or through his
)redecessors%in%interest, )ossessed and occu)ied the land in the conce)t of an o'ner
since .0 June .6F/
Aliens are barred from a))lying for the benefits of ,ha)ter H&&& of ,ommon'ealth Act .F. for
they are barred by the ,onstitution from o'ning alienable lands of the )ublic domain. &n O+ C+o
v. Dire!tor o7 Lands,
=6
a ,hinese national 'as denied from a))lying for 3udicial confirmation
because he 'as a foreign national.
#imilarly, the constitution limits o'nershi) of lands of the )ublic domain to individuals and not
cor)oration, even if they be Fili)ino cor)orations. Thus, cor)orations are also )rohibited from
a))lying for 3udicial confirmation of im)erfect title over )ublic lands. The exce)tion to this rule,
ho'ever, is found in the case of &usi v. Ra2o'
F>
'here the #u)reme ,ourt allo'ed a Fili)ino
cor)oration to a))ly for 3udicial confirmation. The reason is because com)liance 'ith all the
re-uirements for a ;overnment grant, i.e., )ossession in the manner and for the )eriod re-uired
by la', the land ipso jure ceased to be )ublic land and became )rivate )ro)erty. Thus, )rovided
that the Fili)ino cor)orationIs )redecessor%in%interest had been in )ossession and occu)ation
36
+e)ublic v. ,ourt of A))eals, ;.+. <o. F7=08, August 0., .66..
37
;.+. <o. .FF>/8, January .8, 0>>/, FF7 #,+A FF0
38
A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+ supra note .0., at 80.
39
8/ Phil. 76> A.6FGB.
40
F7 Phil. F0F A.60/B.
.8
thereof in the manner and for the )eriod )rescribed by la' as to entitle him to registration in his
name, the ban against cor)orations ac-uiring lands of the )ublic domain does not a))ly.
F.
&t must also be underscored that ac-uisition of alienable and dis)osable lands of the )ublic
domain through 3udicial confirmation of im)erfect title may be considered an exce)tion to the
general rule about )rescri)tion running against )ro)erties of the #tate )rovided in Article ...= of
the ,ivil ,ode, 'hich )rovides4
Art. ...=. All things 'hich are 'ithin the commerce of men are susce)tible of
)rescri)tion, unless other'ise )rovided. Pro)erty of the #tate or any of its
subdivisions not )atrimonial in character shall not be the ob3ect of )rescri)tion.
A=B The a))lication must be filed before =. December 0>0>.
!nder the original )rovisions of the Public Land Act, actions for 3udicial confirmation 'ere only
allo'ed until =. December .6=7. #ubse-uent enacts extended this )eriod until the most recent
legislation, 'hich sets the deadline at 0. December 0>0> A+e)ublic Act <o. 6.8GB. The filing of
the a))lication 'ithin the foregoing time )eriod, ho'ever, is not a 3urisdictional re-uirement,
only a time limitation. Thus, an a))lication filed beyond the foregoing )eriod, but not ob3ected to
by the #tate either in a $otion to Dismiss or Ans'er, does not )revent the ,ourt from granting
such a))lication.
F0

ii. administrative !on7irmation o7 imper7e!t title: 4ree *atents
!nder #ection FF of the Public Land Act, any natural born citi*en of the Phili))ines 'ho does not
yet o'n more than .0 hectares of agricultural land may a))ly for a free )atent, )rovided that he,
by himself, or by his )redecessors%in%interest, has continuously occu)ied and cultivated
agricultural land of the )ublic domain for at least thirty A=>B years since F July .6F/. &n lieu of
continuous cultivation, it may be sufficient for the a))licant to sho' that he has )aid real estate
taxes on the )ro)erty for the same )eriod and that the same has not been occu)ied by any other
)erson.
F=
The land grant, conformably 'ith the ,onstitution, cannot exceed .0 hectares.
&f the a))licant is a member of a national cultural minority and has continuously occu)ied and
cultivated, either by himself or through his )redecessors%in%interest, a tract or tracts of land
'hether dis)osable or not since July F, .6//, he shall also be entitled to a free )atent not
exceeding .0 hectares..
FF

#imilar to a))lications for 3udicial confirmation of im)erfect title, all a))lication for free )atents
must be filed before =. December 0>0>, in accordance 'ith +e)ublic Act <o. 6.8G. Also, the
land sub3ect of )ossession must, at least at the time of the a))lication, be classified as alienable
and dis)osable land of the )ublic domain.
&pe!ial patents
Aside from the foregoing land )atents enumerated under the Public Land Act, s)ecial )atents may
also be issued over lands formerly reserved or considered inalienable. These )atents are
41
Director of Lands v. &ntermediate A))ellate ,ourt and Acme Heneer R Ply'ood co., &nc., .FG #,+A />6
A.67GB.
42
Director of Lands v. Danao, 6G #,+A .G. A.67>B.
43
,.A. <o. .F., as amended by +.A. <o. 870, #ec. FF.
44
,.A. <o. .F., as amended by +.A. <o. =780, #ec. FF.
.7
generally issued u)on the 9)romulgation of a s)ecial la' or act of ,ongress or by the #ecretary of
nvironment and <atural +esources as authori*ed by an xecutive ?rder of the President: and,
in themselves, already )rovide for the reclassification of the land.
F/
#)ecial )atents may be granted to <on%,hristian Fili)inos
FG
so long as the #ecretary of Local
;overnment has certified that 9the ma3ority of the non%,hristian inhabitants of any given
reservation have advanced sufficiently in civili*ation.: After 'hich, 9the President may order that
the lands of the )ublic domain 'ithin such reservation be granted to them: )ursuant to the
)rovisions of the Public Land Act.
F8
#)ecial )atents involving lands sold under the )rovisions of
Article G> and 8> of the Public Land Act may li(e'ise be issued to authori*e concession of lands
of the )ublic domain for educational, charitable or any of the li(e )ur)oses.
F7
Furthermore, they
also may be issued in favor of the o'ner of the landed estate ac-uired by the ;overnment.
+e)ublic Act <o. 60G authori*es the President to convey )ublic lands and other )ro)erties of a
)ublic nature as )ayment for the ac-uisition of such estates.
F6
Eman!ipation patents
manci)ation )atents are )atents issued )ursuant to Presidential Decree <os. 08 and 0GG in
furtherance of the governmentIs )olicy of agrarian reform. !nli(e the land )atents enumerated
under the Public Land Act, emanci)ation )atents do not cover lands of the )ublic domain, but
instead, )rivate agricultural lands. 2o'ever, 'ith the enactment of +e)ublic Act <o. GG/8, or
the ,om)rehensive Agrarian +eform La', the )rovisions of Presidential Decree <os. 08 and 0GG
have generally been su)erseded.
/>
6. &ale or Lease o7 *uli! Lands 7or Residential' Commer!ial or Industrial *urposes.
!nder ,ha)ter &5 of the Public Land Act, lands intended for residential, commercial, industrial
and similar )roductive )ur)oses may be dis)osed of by sale or lease thru )ublic bidding,
generally follo'ing the )rocedure )rescribed for agricultural lands. The land or the right to lease
is ac-uired also in a )ublic auction thru bidding. The difference, ho'ever, lies in the fact that
'here in agricultural sales, the auction sale is thru sealed bidding 'ith the a))licant en3oying the
right to e-ual the highest bid, the auction sale of residential, commercial and industrial lands is
thru oral bidding " 'here the a))licant has to outbid the other bidders in order to be successful
bidder. &n other 'ords, the a))licant does not have )referential right, unless he is an a))licant
'ho has introduced im)rovements on the land by virtue of a )ermit issued to him by the Bureau
of Lands, in 'hich case he has the right to a sealed bidding.
Lands dis)osable for residential, commercial or industrial )ur)oses are classified as4
a. Lands reclaimed by the ;overnment by dredging, filing, or other means
b. Foreshore
c. $arshy land or lands covered 'ith 'ater bordering u)on the shores or ban(s of
navigable la(es or rivers.
45
A;,A?&L&, <AT!+AL +#?!+,#, su)ra note ./, at //.
FG
A$AD? D. AS!&<?A LA<D +;&#T+AT&?< A<D +LATD P+?,D&<;# .F6 A0>>B. Nhereinafter AS!&<1,
LA<D +;&#T+AT&?<O
47
,.A. .F., #ec. 7F.
48
&upra note .6=.
49
AL!&<?, LA<D +;&#T+AT&?<, supra .6=, at ./>.
50
&upra note 0>>.
.6
The conditions of the sale are as follo's4
a. The )urchaser shall enter the land and introduce suitable im)rovements thereon
'ithin six AGB months, and com)lete such im)rovements not later than .7 months
from the date of the a'ard.
b. The )urchaser shall )ay the )urchase )rice of the land in ten A.>B e-ual annual
installments.
&n case of lease, the rental shall be =T of the value of the land )lus .T of the value of the
im)rovements. very ten A.>B years, the land and im)rovements shall be rea))raised but the
rental shall not be increased by more than .>>T every ten years.
The duration of the lease is 0/ years rene'able for another 0/ years at the governmentIs o)tion.
!nder +.A. <o. 8=> direct or negotiated sale of )ublic land may be resorted to if4 AaB the
a))licant has occu)ied the same and has in good faith built a residential house thereon 'here he
lives, AbB he is not the o'ner of any residential lot, and AcB the land is not needed by the
government for any )ublic )ur)ose.
Development o7 t+e la;s governing 7ores+ore<re!laimed areas
The #)anish La' of Caters of .7GG is the first statutory la' governing the o'nershi) and
dis)osition of reclaimed lands in the Phili))ines. !nder this la', the shores, bays, coves, inlets
and all 'aters 'ithin the maritime *one of the #)anish territory belonged to the )ublic domain for
)ublic use. This la' allo'ed the reclamation of the sea in conse-uence of 'or(s constructed by
the #tate, or by the )rovinces, )ueblos or )rivate )ersons.
/.
&t also )rovided that the reclaimed
land from the sea belonged to the )arty underta(ing the reclamation, )rovided the government
issues the necessary )ermit and did not reserve o'nershi) over such land.
Act <o. .G/F 'as enacted by the Phili))ine ,ommission on $ay .7, .6>8, 'hich )rovided for
the lease, but not the sale, of reclaimed lands of the government to cor)orations and individuals.
This act mandated that the government should retain title to, and exercise control and dis)osition
of, all reclaimed lands. Private )arties could lease these lands only if they 'ere no longer needed
for )ublic use. Public bidding for the lease of these lands 'as also )rescribed.
Act <o. 078F also (no'n as the Public Land Act, 'as a))roved by the Phili))ine Legislature in
<ov. 06, .6.6. &t authori*ed the lease, but not the sale, of reclaimed lands of government to
cor)orations and individuals. !nder this la', the ;overnor%;eneral 'as authori*ed to4 A.B
classify lands of the )ublic domain into alienable or dis)osable lands A0B declare 'hat lands are
o)en to dis)osition or concession and A=B to classify further such lands into government,
reclaimed, foreshore, marshy, and other classes of lands. &t also limited alienable lands to those
'hich have been officially delimited and classified. The land must first be declared not necessary
for )ublic use before allo'ing lease to )rivate )arties.
/0
,ommon'ealth Act <o. .F. also (no'n as the Public Land Act, 'as )assed by the <ational
Assembly 'hich also authori*ed the lease, but not the sale, of reclaimed lands of the government
to cor)orations and individuals. ,.A. <o. .F. continues to be the general la' governing the
51
The #)anish La' of Caters of .7GG, seb. /.
52

Aat <o. 078F, secs. G, 8, 7, /G and /7.
0>
classification and dis)osition of lands of the )ublic domain. !nder this la', the President had the
same )o'ers as those of the ;overnor%;eneral under Act <o. 078F exce)t that the President is
not authori*ed, under this la', to reclassify reclaimed lands into non "agricultural lands. The sale
of lands of )ublic domain 'as li(e'ise )rohibited, only lease 'as allo'ed sub3ect to the same
conditions )rescribed in Act <o. 078F. The government could sell to )rivate )arties only those
agricultural lands for non%agricultural )ur)oses not classified as dis)osable lands of the )ublic
domain.
#tate )olicy )rohibits the sale of these lands, as they are )art of )ublic dominion intended for
)ublic use. This state )olicy has been embodied in the .6=/ , .68= as 'ell as in the .678
,onstitution. #ince then and until no', the only 'ay the government could sell government
reclaimed areas to )rivate )ro)erties is through a legislative enactment allo'ing such sale. The
reason behind this re-uirement is that government units and entities should not 3ust turn around
and sell these lands to )rivate )ro)erties in violation of constitutional or statutory limitations.
C. Disposition o7 *uli! Lands 7or Edu!ational' C+aritale and &imilar *urposes
Lands under this category may be dis)osed of by the ;overnment in favor of a )rovince, city,
munici)ality or other branches of the ;overnment in the form of donation, sale, lease, exchange,
or any form.
#uch lands may also be sold or leased to -ualified )rivate )ersons for the )ur)ose of founding a
cemetery, church, college, school, university or other educational institutions for educational,
charitable or )hilantro)hical )ur)oses or scientific research. The #ecretary of the D<+ has the
discretion to sell the land 'ithout auction and to 'aive the condition re-uiring cultivation.
D. To;nsite Reservations
The President, u)on recommendation of the #ecretary of nvironment and <atural +esources,
may, if )ublic interest so re-uires, issue a )roclamation reserving lands for to'nsite )ur)oses to
found a ne' to'n.
Procedure4
a. #urvey of the exterior boundaries of the site
b. Drafting the )roclamation
c. #igning of the )roclamation
d. Transmittal of co)ies of the )roclamation to the Director of Lands and the
+egister of Deeds
e. Filing of com)ulsory registration )roceedings to settle and ad3udicate )rivate
claims 'ithin the to'nsite
f. #ubdivision of the land according to develo)ment )lans
g. #ale of residential lots by oral bidding to the highest bidder
Reservations o7 *uli! and =uasi>*uli! *urposes
The President also has the )o'er to designate by )roclamation any tract or tracts of land of the
)ublic domain as reservations for the use of the +e)ublic of the Phili))ines or any of its branches
or of the inhabitants thereof, of for -uasi%)ublic uses or )ur)oses 'hen )ublic interest re-uires it,
including reservations for high'ays, rights%of%'ay for railroads, hydraulic )o'er sites, irrigation
0.
systems, communal )asture or legua !ommunales, )ublic )ar(s, )ublic -uarries, )ublic fish)onds,
'or(ingmenIs village and other im)rovements for )ublic benefit.
*re7erential Rig+ts o7 A!tual O!!upants
&f, before the delimitation and survey of a tract of )ublic land and before its classification as
alienable and dis)osable, such land shall be actually occu)ied by a )erson other than the
a))licant, the Director of Lands shall inform the occu)ant of his )referential right to a))ly for the
land and shall give him .0> daysI time in 'hich to file the a))lication or a))ly for the concession
by any of the forms of dis)osition authori*ed by this Act, if such occu)ant is -ualified to receive
a concession under this Act.
Legal Restri!tions and En!umran!es
2omestead and Free Patent grants are sub3ect to the follo'ing restrictions4
a. #ec. ..7. xce)t in favor of the ;overnment or any of its branches, units, or institutions,
lands ac-uired under free )atent or homestead )rovisions shall not be sub3ect to
encumbrance or alienation from the date of the a))roval of the a))lication and for a term
of five years from and after the date of issuance of the )atent or grant, nor shall they
become liable to the satisfaction of any debt contracted )rior to the ex)iration of said
)eriod, but the im)rovements or cro)s on the land may be mortgaged or )ledged to
-ualified )ersons, associations, or cor)orations.
<o alienation, transfer, or conveyance of any homestead after five years and before
t'enty%five years after issuance of title shall be valid 'ithout the a))roval of the
#ecretary of Agriculture and ,ommerce, 'hich a))roval shall not be denied exce)t on
constitutional and legal grounds.
b. #ec. ..6. very conveyance of land ac-uired under the free )atent or homestead
)rovisions, 'hen )ro)er, shall be sub3ect to re)urchase by the a))licant, his 'ido', or
legal heirs, 'ithin a )eriod of five years from the date of the conveyance.
c. #ec. .0>. ,onveyance and encumbrance made by )ersons belonging to the so%called
Dnon%,hristian Fili)inosD or national cultural minorities, 'hen )ro)er, shall be valid if the
)erson ma(ing the conveyance or encumbrance is able to read and can understand the
language in 'hich the instrument or conveyance or encumbrances is 'ritten.
,onveyances and encumbrances made by illiterate non%,hristian or literate non%
,hristians 'here the instrument of conveyance or encumbrance is in a language not
understood by the said literate non%,hristians shall not be valid unless duly a))roved by
the ,hairman of the ,ommission on <ational &ntegration.
d. #ec. .0.. xce)t 'ith the consent of the grantee and the a))roval of the #ecretary of
<atural +esources, and solely for commercial, industrial, educational, religious or
charitable )ur)oses or for a right of 'ay, no cor)oration, association, or )artnershi) may
ac-uire or have any right, title, interest, or )ro)erty right 'hatsoever to any land granted
under the free )atent, homestead, or individual sale )rovisions of this Act or to any
)ermanent im)rovement on such land.
The )rovisions of #ection .0F of this Act to the contrary not'ithstanding, any ac-uisition
of such land, rights thereto or im)rovements thereon by a cor)oration, association, or
00
)artnershi) )rior to the )romulgation of this Decree for the )ur)oses herein stated is
deemed valid and binding@ Provided, That no final decision of reversion of such land to
the #tate has been rendered by a court@ And Provided, further, That such ac-uisition is
a))roved by the #ecretary of <atural +esources 'ithin six AGB months from the
effectivity of this Decree.
e. #ec. .00. <o land originally ac-uired in any manner under the )rovisions of this Act, nor
any )ermanent im)rovement on such land, shall encumbered, alienated, or transferred,
exce)t to )ersons, cor)orations, associations, or )artnershi)s 'ho may ac-uire lands of
the )ublic domain under this Act or to cor)orations organi*ed in the Phili))ines
authori*ed therefor by their charters.
xce)t in cases of hereditary succession, no land or any )ortion thereof originally
ac-uired under the free )atent, homestead, or individual sale )rovisions of this Act, or
any )ermanent im)rovement on such land, shall be transferred or assigned to any
individual, nor shall such land or any )ermanent im)rovement thereon be leased to such
individual, 'hen the area of said land, added to that of his o'n, shall exceed one hundred
and forty%four hectares. Any transfer, assignment, or lease made in violation hereof, shall
be null and void.
E. Lands not sus!eptile o7 private o;ners+ip
The follo'ing )ro)erties cannot be the sub3ect of )rivate o'nershi), and therefore, cannot be
registered in the name of a )rivate )erson. Thus, i a )erson obtains title under the Torrens #ystem
'hich includes lands 'hich cannot be registered under the Torrens system, he does not by virtue
of said title become the o'ner of the land illegally included thereon. Those titles are void a
initio and any title issued over non%dis)osable lots, even in the hands of an alleged innocent
)urchaser for value, shall be cancelled.
/=

*ropert% o7 puli! dominion
Article F.6 of the ,ivil ,ode )rovides that the follo'ing are )ro)erties of )ublic dominion4
AaB Those intended for )ublic use, such as roads, canals, rivers, torrents, )orts and
bridges constructed by the #tate, ban(s, shores, roadsteads and others of similar
character@
AbB Those 'hich belong to the #tate, 'ithout being for )ublic use, and are intended
for some )ublic service or for the develo)ment of the national 'ealth.
These )ro)erties are )arts of the )ublic domain and are outside the commerce of men and are
therefore, not sub3ect to )rivate a))ro)riation. These )ro)erties, being for )ublic use, are not
sub3ect to levy, encumbrance or dis)osition through )ublic or )rivate sale.
All other )ro)erties of the #tate, 'hich are not of the character mentioned above, form )art of its
)atrimonial )ro)erty. Pro)erty of )ublic dominion, 'hen no longer needed for )ublic use or for
)ublic service, shall also form )art of the )atrimonial )ro)erty of the #tate.
53
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at =>.
0=
According to Article / of the Cater ,ode of the Phili))ines, the follo'ing belong to the #tate as
'ell4 A.B rivers and their natural beds@ A0B continuous or intermittent 'aters of s)rings and broo(s
running in their natural beds and the bed themselves@ A=B natural la(es and lagoons@ AFB all other
categories of surface 'aters such as 'ater flo'ing over lands, 'ater from rainfall 'hether
natural, or artificial, and 'ater form agriculture run%off, see)age and drainage@ A/B atmos)heric
'ater@ AGB subterranean or ground 'aters and@ A8B sea'ater.
Article G of the same ,ode )rovides that even the follo'ing 'aters found in )rivate lands belong
to the state4 A.B continuous or intermittent 'aters rising on such lands@ A0B la(es and lagoons
naturally occurring on such lands@ A=B rain 'ater falling on such lands@ AFB subterranean or ground
'aters and@ A/B 'aters in s'am)s and marshes.
4orest lands
Forests, in the context of both the Public Land Act and the ,onstitution, do not necessarily refer
to a large tract of 'ooden land or an ex)anse covered by dense gro'th of trees and underbrush.
/F
The fact that the dis)uted land 9is not thic(ly forested: and, in any event, it has been in the actual
)ossession of many )ersons for many years, it 'as already 9)rivate land: 'hich is better ada)ted
and more valuable for agricultural than for forest )ur)oses and not re-uired by the )ublic interests
to be (e)t under forest classification. Furthermore, the mere fact that a tract of land has trees u)on
it or has mineral 'ithin it is not of itself sufficient to declare that one is forestry land and the
other, mineral land. There must be some )roof of the extent and )resent or future value of the
forestry and of the minerals, 'hich it is more valuable for the forestry or the mineral 'hich it
contains than it is for agricultural )ur)oses.
//
The )o'er to convert a land 'hich forms )art of )ublic forest into )rivate )ro)erty is 'ithin the
exclusive 3urisdiction of the Bureau of Forest Develo)ment and beyond the )o'er of the
registration court.
/G
Possession thereof, ho'ever long, cannot convert it into )rivate )ro)erty.
An!ron ". Go"ern&ent o# the Phili$$ines
F> Phil. .>
Facts4 An action 'as commenced in the ,ourt of First &nstance of the Province of Davao,
De)artment of $indanao and #ulu. &ts )ur)ose 'as to have registered, under the Torrens
system, a certain )iece or )arcel of land 'ith the follo'ing descri)tion4
That all of said land, 'ith the exce)tion of a small )art at the north, the exact descri)tion
and extension of 'hich does not a))ear, has been cultivated and )lanted for more than
forty%four years )rior to the date of this decision.
That said land 'as formerly occu)ied, cultivated and )lanted by $oros, $ansacas and
others, under a claim of o'nershi), and that they lived thereon and had their houses
thereon, and that )ortion of the land 'hich 'as not )lanted or cultivated 'as used as
)asture land 'hereon they )astured their carabaos, cattle, and horses@
That the a))licant no' has some one hundred fifty A./>B hills of hem), some eight
thousand A7,>>>B cocoanut trees, a d'elling house, various laborersE -uarters, store%
54
<aguit, ;.+. <o. .FF>/8, January .8, 0>>/.
55
An(ron v. ;overnment of the Phili))ine &slands, ;.+. <o. .F0.=, Aug. 0=, .6.6, F> Phil. .>.
56
+e)ublic v. ,ourt of A))eals and Lastimado, 76 #,+A GF7 A.686B@ Director of Lands v. Aban*ado, G/
#,+A / A.68/B@ Bureau of Forestry v. ,ourt of A))eals and ;allo, ./= #,+A =/. A.678B.
0F
building, large camarin Astorehouse of 'ood, a galvani*ed iron and other buildings and
im)rovements on said land.
The a))ellant contends that )ortions of said land cannot be registered in accordance 'ith
the existing Land +egistration La' for the reason that they are manglares. That -uestion
is not discussed in the )resent brief. The a))ellant, ho'ever., refers the court to his
discussion of that -uestion in the case of Jocson vs. Director of Forestry A=6 Phil. +e).,
/G>B. By reference to the argument in the brief in the case, it is found that the a))ellant
relied u)on the )rovisions of section = of Act <o. ..F7 in relation 'ith section .70> of
Act <o. 08.. Asecond Administrative ,odeB. #ection = of Act <o. ..F7 )rovides that
Dthe )ublic forests shall include all unreserved lands covered 'ith trees of 'hatever age.D
#aid section .70> AAct <o. 08..B )rovides that Dfor the )ur)ose of this cha)ter E)ublic
forestE includes, exce)t as other'ise s)ecially indicated, all unreserved )ublic land,
including ni)a and mangrove s'am)s, and all forest reserves of 'hatever character.D
2LD4 Paragra)h G of section /F of Act <o. 60G only )ermits the registration, under the
conditions therein mentioned, of D)ublic agricultural lands.D &t must follo', therefore,
that the moment that it a))ears that the land is not agricultural, the )etition for
registration must be denied. &f the evidence sho's that it is )ublic forestry land or )ublic
mineral land, the )etition for registration must be denied. $any definitions have been
given for Dagricultural,D Dforestry,D and DmineralD lands. These definitions are valuable so
far as they establish general rules. &n this relation 'e thin( the executive de)artment of
the ;overnment, through the Bureau of Forestry, may, and should, in vie' es)ecially of
the )rovisions of section F, 7, and 0> of Act <o. ..F7, define 'hat shall be considered
forestry lands, to the end that the )eo)le of the Phili))ine &slands shall be guaranteed in
Dthe future a continued su))ly of valuable timber and other forest )roducts.D A#ec. 7, Act
<o. ..F7.B &f the Bureau of Forestry should accurately and definitely define 'hat lands
are forestry, occu)ants in the future 'ould be greatly assisted in their )roof and the courts
'ould be greatly aided in determining the -uestion 'hether the )articular land is forestry
or other class of lands.
&n the case of Jocson vs. Director of Forestry Asu)raB, the Attorney%;eneral admitted in
effect that 'hether the )articular land in -uestion belongs to one class or another is a
-uestion of fact. The mere fact that a tract of land has trees u)on it or has mineral 'ithin
it is not of itself sufficient to declare that one is forestry land and the other, mineral land.
There must be some )roof of the extent and )resent or future value of the forestry and of
the minerals. Chile, as 'e have 3ust said, many definitions have been given for
Dagriculture,D Dforestry,D and DmineralD lands, and that in each case it is a -uestion of fact,
'e thin( it is safe to say that in order to be forestry or mineral land the )roof must sho'
that it is more valuable for the forestry or the mineral 'hich it contains than it is for
agricultural )ur)oses. A#ec. 8, Act <o. ..F7.B &t is not sufficient to sho' that there exists
some trees u)on the land or that it bears some mineral. Land may be classified as forestry
or mineral today, and, by reason of the exhaustion of the timber or mineral, be classified
as agricultural land tomorro'. And vice%versa, by reason of the ra)id gro'th of timber or
the discovery of valuable minerals, lands classified as agricultural today may be
differently classified tomorro'. ach case must be decided u)on the )roof in that
)articular case, having regard for its )resent or future value for one or the other )ur)oses.
The courts, ho'ever, has the right to )resume in the absence of evidence to the contrary,
that in each case the lands are agricultural lands until the contrary is sho'n. Chatever the
land involved in a )articular land registration case is forestry or mineral land must,
therefore, be a matter of )roof.
?aters+eds
0/
A 'atershed is 9an area drained by a river and its tributaries and enclosed by a boundary or
divide 'hich se)arates it from ad3acent 'atersheds.:
/8
Protection of the 'atersheds is an 9inter%
generational res)onsibility:. Catershed reservation is not susce)tible of occu)ancy, dis)osition,
conveyance or alienation.
/7
$angrove s;amps
#ection F of the Phili))ine Fisheries ,ode defines mangroves as 9a community of intertidal
)lants including all s)ecies of trees, shrubs, vines and herbs found on coasts, s'am) or border
cam)s. &t is no' settled that mangroves are forestal, not alienable agricultural land and are,
therefore, not sub3ect to dis)osition.
/6
$ineral lands
D<+ defines mineral land as 9any area 'here mineral resources are found: and mineral
resources as 9any concentration of mineral Proc(s 'ith )otential economic value.:
G>
?'nershi) by
a )erson of agricultural land in 'hich minerals are discovered does not give him the right to
extract or utili*e the said minerals 'ithout the )ermission of the #tate to 'hich such minerals
belong.
G.
National parks
Lands reserved for a national )ar(, as 'ell as those 'ithin the )rotected areas under the <ational
&ntegrated Protected Areas #ystem A<&PA#B Act, li(e the Bataan <atural Par(, are inalienable are
cannot be registered.
G0
$ilitar% or naval reservation
Lands inside a military or naval reservation cannot be the ob3ect of registration. &t 'as held in
Repuli! v. &out+side Homeo;ners Asso!iation' In!.,
G=
that a military reservation, li(e the Fort
Bonifacio $ilitary +eservation or a )art thereof is not o)en to )rivate a))ro)riation or dis)osition
and, therefore, not registrable, unless it is reclassified and declared as dis)osable and alienable
)ublic land.
Foreshore lands and reclaimed lands
GF
&n Repuli! v. Court o7 Appeals and Repuli! Real Estate Corporation,
G/
9foreshore land: has
been invariably defined as 9that stri) of land that lies bet'een the high and lo' 'ater mar(s and
that is alternatively 'et and dry according to the flo' of the tide: or 9that )art of the land
ad3acent to the sea 'hich is alternatively covered by the ordinary flo' of the tides.:
Re$,lic. ". Cort o# A$$eals
57
#ta. +osa Develo)ment ,or)oration v. ,ourt of A))eals, =G8 #,+A .8/ A0>>.B.
58
,ollado v. ,ourt of A))eals, ;.+. <o. .>88GF, ?ct. F, 0>>0, =6> #,+A =F=.
59
Director of Forestry v. Hillareal, ;.+. <o. L%=00GG, Feb. 08, .676, .8> #,+A /67.
60
#ec FAa3B and AanB, D<+ Administrative ?rder <o. 6/%6=G, as amended.
61
+e)ublic v. ,ourt of A))eals and De la +osa, ;.+. <o. L%F=6=7, A)ril ./, .67>, .G> #,+A 007.
62
,ham v. Pi*arro, A.,. <o. /F66, August .G, 0>>/.
63
;.+. <o. ./G6/., #e)tem)ber 00, 0>>G.
64
?#CALD? D. A;,A?L&, P+?P+TK +;&#T+AT&?< D,+ A<D +LATD LAC# ALA<D T&TL# A<D DD#B
00/%0=/, A0>>G ed.B. Nhereinafter A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+O
65
066 #,+A .66 A.667B.
0G
;.+. <o. .>=770, <ovember 0/, .667
Facts4 +e)ublic Act <o. .766 AD+A .766DB, 'hich 'as a))roved on June 00, .6/8,
authori*ed the reclamation of foreshore lands by chartered cities and munici)alities.
#ection & of said la', reads4
#ec. .. Authority is hereby granted to all munici)alities and chartered cities to underta(e
and carry out at their o'n ex)ense the reclamation by dredging, filling, or other means, of
any foreshore lands bordering them, and to establish, )rovide, construct, maintain and
re)air )ro)er and ade-uate doc(ing and harbor facilities as such munici)alities and
chartered cities may determine in consultation 'ith the #ecretary of Finance and the
#ecretary of Public Cor(s and ,ommunications.
?n $ay G, .6/7, invo(ing the a forecited )rovision of +A .766, the Pasay ,ity ,ouncil
)assed ?rdinance <o. .0., for the reclamation of Three 2undred A=>>B hectares of
foreshore lands in Pasay ,ity, em)o'ering the ,ity $ayor to a'ard and enter into
reclamation contracts, and )rescribing terms and conditions therefor. The said ?rdinance
'as amended on A)ril 0., .6/6 by ?rdinance <o. ./7, 'hich authori*ed the +e)ublic
+eal state ,or)oration AD++,DB to reclaim foreshore lands of Pasay ,ity under certain
terms and conditions. ,ertain )ortions of the said lands are submerged lands
?n A)ril 0F, .6/6, Pasay ,ity and ++, entered into an Agreement for the reclamation
of the foreshore lands in Pasay ,ity.
The +e)ublic of the Phili))ines filed an Amended ,om)laint -uestioning sub3ect
Agreement bet'een Pasay ,ity and ++, Axhibit DPDB on the grounds that the sub3ect%
matter of such Agreement is outside the commerce of man, that its terms and conditions
are violative of +A .766 'ith regard to the )hrase 9foreshore lands:
&ssue4 C?< the lands in dis)ute are considered 9foreshore lands: and cannot, therefore,
be alienated
2LD4 The ,A ruled erroneously 'hen it o)inioned that under +A .766, the term
Dforeshore landsD includes submerged areas. As can be gleaned from its dis-uisition and
rationali*ation afore-uoted, the res)ondent court unduly stretched and broadened the
meaning of Dforeshore landsD, beyond the intentment of the la', and against the
recogni*ed legal connotation of Dforeshore landsD. Cell entrenched, to the )oint of being
elementary, is the rule that 'hen the la' s)ea(s in clear and categorical language, there is
no reason for inter)retation or construction, but only for a))lication. #o also, resort to
extrinsic aids, li(e the records of the constitutional convention, is un'arranted, the
language of the la' being )lain and unambiguous. Then, too, o)inions of the #ecretary of
Justice are unavailing to su))lant or rectify any mista(e or omission in the la'. To
re)eat, the term Dforeshore landsD refers to4
The stri) of land that lies bet'een the high and lo' 'ater mar(s and that is alternately
'et and dry according to the flo' of the tide. ACords and Phrases, DForeshoreDB
A stri) of land margining a body of 'ater Aas a la(e or streamB@ the )art of a seashore
bet'een the lo'%'ater line usually at the sea'ard margin of a lo'%tide terrace and the
u))er limit of 'ave 'ash at high tide usually mar(ed by a beach scar) or berm.
ACebsterEs Third <e' &nternational DictionaryB
The duty of the court is to inter)ret the enabling Act, +A .766. &n so doing, 'e cannot
broaden its meaning, much less 'iden the coverage thereof. &f the intention of ,ongress
'ere to include submerged areas, it should have )rovided ex)ressly. That ,ongress did
08
not so )rovide could only signify the exclusion of submerged areas from the term
Dforeshore lands.
&umerged lands
!ntil reclaimed from the sea, these submerged areas are, under the ,onstitution, 9'aters. . .
o'ned by the #tate: forming )art of the )ublic domain and conse-uently inalienable. These areas,
after reclamation, can be classified as )ublic agricultural lands, 'hich under the ,onstitution are
the only natural resources that the #tate can alienate. Thereafter, the government may declare
these lands no longer needed for )ublic service and therefore, alienable and dis)osable lands o)en
dis)osition.
GG
+e)ublic Act F7/> 'as )assed on June 00, .6/8 'hich authori*ed the reclamation of foreshore
lands by chartered cities and munici)alities. ?n January .., .68=, Presidential Decree <o. =%A
'as issued, re)ealing all la's on reclamation of areas under 'ater and vesting solely in the
government the )o'er to reclaim lands.
?n February F, .688, Presidential Decree <o. .>7F 'as issued, creating the Public states
Authority APAB 'hich 'as renamed as Phili))ine +eclamation Authority in 0>>F. &t authori*ed
PA to reclaim both foreshore and submerged areas of the )ublic domain. &t also em)o'ers PA
to hold lands of )ublic domain even in excess of the area )ermitted to )rivate cor)orations by
statute. Thus, PA can hold title to )rivate lands, as 'ell as title to lands of )ublic domain.
xecutive ?rder /0/ 'as issued on .686 'hich designated PA as the national governmentIs
im)lementing arm to underta(e 9all reclamation )ro3ects of the government: 'hich 9shall be
underta(en by the PA or through a )ro)er contract executed by it 'ith any )erson or entity.
!nder such contract, reclamation services rendered to PA by )rivate )arties shall be
com)ensated. PA becomes )rimarily res)onsible for 9integrating, directing, and coordinating all
reclamation )ro3ects and on behalf of the <ational ;overnment.:
2o'ever, reclaimed areas do not automatically become alienable or dis)osable u)on ac-uisition
by the PA. T'o official acts are needed before reclaimed lands become alienable lands of )ublic
domain. First, there must be a classification that these lands are alienable or dis)osable and o)en
to dis)osition@ and second, there must be a declaration that these lands are not needed for )ublic
service. Absent these t'o official acts, lands reclaimed by PA remain inalienable lands of the
)ublic domain.
<evertheless the re-uirement of a legislative enactment allo'ing the sale of reclaimed dis)osable
lands still a))lies to reclaimed areas of the PA. The PAIs )o'er is further sub3ect to the
constitutional ban on )rivate cor)orations from ac-uiring alienable lands of )ublic domain.
2o'ever, in a $ay G, 0>>= +esolution, the court clarified that 9reclaimed lands of the )ublic
domain if sold or transferred to a )ublic or munici)al cor)oration for a monetary consideration
become )atrimonial )ro)ertyQNandO may be soldQto )rivate )ro)erties, 'hether Fili)ino
citi*ens or -ualified cor)orations.:
G8
Lakes
66
,have* v. Public states Authority, =7F #,+A ./0.
67
B+<A#, P+&$+, supra note .. at F/8.
07
+e)ublic Act <o. F7/> )rescribes that lands located at and belo' the maximum la(e level of
elevation of the Laguna de Bay are )ublic lands 'hich form )art of the bed of the said la(e.
G7

Areas forming )art of the Laguna de Bay are neither agricultural nor dis)osable lands of the
)ublic domain.
Navigale rivers
&f the land forms )art of the bed of a navigable stream, cree( or river, the decree and title in the
name of the a))licants 'ould not give them any right or title to it. Li(e the rest of the non%
dis)osable )ro)erties, a land registration court has no 3urisdiction over navigable rivers and
cannot validly ad3udge the registration of title thereof in favor of a )rivate a))licant. ?'nershi)
of a navigable stream may not be ac-uired under a free )atent and the issuance of the
corres)onding certificate of title does not change its )ublic character.
G6
&t is )art of )ublic
)ro)erty and cannot be ac-uired by adverse )ossession.
8>
Creeks
A cree( has been defined as a recess or arm extending from a river and )artici)ating in the ebb
and flo' of the sea. !nder the ,ivil ,ode, a cree(, including its natural bed, is )ro)erty of the
)ublic domain 'hich is not susce)tible to )rivate a))ro)riation and ac-uisitive )rescri)tion.
8.
&t is
only after the government has declared the land to be alienable and dis)osable agricultural land
that the year of entry, cultivation and exclusive and adverse )ossession can be counted for
)ur)oses of an im)erfect title.
80
,onstructions of a cree( 'hich )revent the 'ater from flo'ing or convert it into a fish)ond do
not alter the nature of the cree( as a )ublic )ro)erty.
8=
Reservation 7or puli! and semi>puli! purposes
The Public Land Act )rescribes that a tract or trac(s of land of the )ublic domain may be
designated by the President as reservations for the use of the +e)ublic of the Phili))ines or of any
of its branches, or of the inhabitants thereof, in accordance 'ith the regulations )rescribed for this
)ur)ose. !ntil again declared alienable by the President, under #ection 7= of ,ommon'ealth Act
<o. .F. or by )roclamation, these lands remain )art of the )ubic domain and shall not be sub3ect
to dis)osition.
The President may li(e'ise reserve other lands, the use of 'hich is not other'ise declared by
la', for settlement or )ublic use. 2e shall also have the )o'er to reserve from sale or dis)osition
any land belonging to the )rivate domain of the government, or any of the friar lands, the use of
'hich is not other'ise declared by la'. These lands shall thereafter remain directed to the )ublic
use designated by the President.
8F
68
#ec. F., )ar. .., +e)ublic Act <o. F7/>, An Act ,reating the Laguna La(e Develo)ment Authority,
Prescribing its Po'ers, Functions and Duties, Providing Funds Therefor, and for other )ur)oses.
69
$ateo v. $oreno, ;.+. <o. L%0.>0F, July 07, .6G6, 07 #,+A 86G.
70
Lovina v. $oreno, ;.+. <o. L%.870., <ovember 06, .6G=, 6 #,+A //8.
71
An Act to ordain and institute the ,ivil ,ode of the Phili))ines N,ivil ,odeO arts. F0>A.B and />0A.B.
72
,elestial v. ,acho)ero, ;.+. <o. .F0/6/, ?ctober ./, 0>>=.
73
$angaldan v. $anaoag, =7 Phil. F// A.6.7B.
74
#ection .F, ,ha)ter F, Boo( &&&, xecutive ?rder <o. 060, other'ise (no'n as the Administrative ,ode of
.678.
06
Pursuant to #ection 6 of the Public Land Act, the President, u)on recommendation of the
#ecretary of nvironment and <atural +esources, 9shall from time to time ma(e the classification
)rovided for in this section, and may, at any time and in a similar manner, transfer lands from one
class to another.:
8/
<?T4 ,A< B +;&#T+D A<D B+?!;2T C&T2&< T2 P!+H&C ?F PD./06
Aconsistent 'ith the fact that technically, it is alienableB, B!T +;&#T+D &< T2 <A$ ?F
T2 ;?H+<$<T.
III. Pri"ate Lands
A. Distinction bet'een Lands of the Public Domain and Private Lands
According to #ection 8, Article 5&& of the .678 ,onstitution,
9#ec. 8 #ave in cases of hereditary succession, no )rivate lands shall be
transferred or conveyed exce)t to individuals, cor)orations, or associations
-ualified to ac-uire or hold lands of the )ublic domain.
?ur ancestors ac-uired and )hysically )ossessed and held lands 'hich they considered belong to
them. <obody bothered them. !)on the #)anish con-uest and occu)ation of the &slands, all lands
'ithin the territory of the Phili))ine &slands automatically belonged to the ,ro'n of #)ain. And,
the land and )ro)erty la's of #)ain, i)so 3ure, too( effect therein. This is the +egalian Doctrine.
8G
The ,ro'n Lands 'ere distributed to the inhabitants in accordance 'ith the la's of #)ain,
)rinci)ally the la's of the &ndias A+eco)ilacion de las Leyes de &ndiasB,
88
and became lands of
)rivate o'nershi) or )rivate lands.
This transformation trans)ired once more during the American ?ccu)ation of the Phili))ine
&slands in .767, by 'ay of A.B #tate ;rant " the 2omestead Patent@ A0B #ale " the #ales Patent@
and A=B Administrative and Judicial ,onfirmation of &m)erfect title "the Free Patent. All Free
Patent 'ere available as they are no', under the Public Land Act.
87
Agricultural lands of the )ublic domain are deemed alienable and dis)osable and by the foregoing
methods of land ac-uisition, )ublic lands ceased as such and became )rivate lands of the
)urchaser, or occu)ants and )ossessors.
86
Therefore, )rivate land, may be as it has been, defined as 9any land of )rivate o'nershi).: This
includes both lands o'ned by )rivate individuals and lands 'hich are )atrimonial )ro)erty of the
state or of munici)al cor)orations.
7>
Pro)erty of )rivate o'nershi) includes A.B the )atrimonial
)ro)erty of the #tate, and A0B 9)ro)erty belonging to )rivate )ersons, either individually or
collectively.:
7.
$ost of these )rivate lands emanated from )rivate agricultural lands that had
been, or may still be, sold or granted by the #tate to individual citi*ens, associations and
75
+e)ublic v. ?ctobre, .0= #,+A G67 A.6GGB.
76
PiUero v. Director of Lands, /8 #,+A =7G A.68FB.
77
$ontano v. &nsular ;overnment, .0 Phil. /80 A.6>7B.
78
F&LA$?+, +AL #TAT LAC, supra note ., at .G7.
79
Id.
80
B+<A#, P+&$+, supra note .., at FG6.
81
,&H&L ,?D, art. F0/.
=>
cor)oration -ualified 9to ac-uire or hold lands of the )ublic domain and sub3ect to the limitations
)rovided by la'.
70
*rivate propert% and patrimonial propert%
Private )ro)erty connotes o'nershi) of an 9immovable: or real )ro)erty, andPor a 9movable: or
)ersonal )ro)erty. As abovementioned, it s)ecifically is com)rised of all )ro)erty that belongs to
)rivate )ersons, natural or 3uridical, either 3udicially or collectively. And real )ro)erty is
described in the ,ivil ,ode as A.B the 9immovable: or )ro)erty 'hich consists )rinci)ally of
land@ A0B those 9movables: as the buildings, trees )lants, statues or other ob3ects )laced on land
that reveals the 9intention to have them )ermanently attached to the land:@ and A=B the real rights
over the immovable )ro)erty.
7=

Pro)erty o'nershi), or land of )rivate o'nershi) and )rivate )ro)erty are synonymous. &t also
means, and includes the )atrimonial )ro)erty of the #tate, )rovinces, cities and munici)alities.
These are )ro)erty of )ublic dominion that are no longer intended or needed4 A.B for )ublic use@
A0B for )ublic service@ or A=B for the develo)ment of national 'ealth. #ome of these are rivers
shores, ban(s, )orts fortresses, roads and street, )ar(s and others.
7F
A stone fort on land by the sea, constructed since time immemorial as a defense against the $oro
invasion, that had not been used for many years for that )ur)ose became )rivate or )atrimonial
)ro)erty of the #tate.
7/
#an La*aro state in $anila on 'hich stood the #an La*aro 2os)ital is )rivate or )atrimonial
)ro)erty of the #tate under Articles =F> and =F/ of the #)anish ,ivil ,ode Ano' Articles F0. and
F0/ of the ,ivil ,odeB.
7G
Friar lands are )atrimonial )ro)erty of the #tate under Act <o. ..0> and ,ommon'ealth Act no.
.F.. &n .6>G, the Phili))ine ,ommission headed by ;overnor Cilliam 2. Taft )ro)osed the
)urchase of Friar Lands, belonging to the Dominica, Augustinian and +ecoletos $ission. The
Phili))ine Bill of .6>0 authori*ed the )urchase of friar lands to be sold to actual occu)ants and
settlers. Accordingly, ;overnor Taft )roceeded to +ome in .6>=, and )urchased form the highest
ecclesiastical authorities F.>,>>> acres of Friar Lands at V8,0=>,>>>. #ometime in .6=7, the
Phili))ine ;overnment bought another Friar Land, a 9big run%do'n +iceland,: the Buenavista
state, near $anila at V.,/>>,>>> from #an Juan de Dios 2os)ital.
78
&n Cru2 v. &e!retar%'
77
the &ndigenous Peo)les +ights Act or &P+A 'as assailed as
unconstitutional on the ground that it de)rives the #tate of its o'nershi) over lands of the )ublic
domain and the natural resources in them. The vote of the #u)reme ,ourt 'as e-ually divided, 8%
8. The o)inion defending constitutionality held the follo'ing4 A.B Ancestral domain and ancestral
lands are not )art of lands of the )ublic domain. They are )rivate and belong to indigenous
)eo)le. Cari"o v. Insular Government
76
recogni*ed native title held by Fili)inos from time
immemorial and excluded from the conce)t of 3ura regalia. A0B The right of o'nershi) granted
82
F&LA$?+, +AL #TAT LAC, supra note ., at 7>.
83
F&LA$?+, +AL #TAT LAC, supra note ., at .G6.
84
Id.
85
A+T!+? $. T?L<T&<?, ,?$$<TA+&# R J!+&#P+!D<, ?< T2 ,&H&L ,?D ?F T2 P2&L&PP&<#, H?L.
&& =0 A.6G=B.
86
Id. at =F.
87
F&LA$?+, +AL #TAT LAC, supra note ., at .8>.
88
;.+. <o. .=/=7/, December G, 0>>>.
89
0.0 !.#. FF6.
=.
does not include natural resources. The right to negotiate terms and conditions over natural
resources covers only ex)loration to ensure environmental )rotection. &t is not a grant of
ex)loration rights. A=B The limited right of management refers to utili*ation as ex)ressly allo'ed
in #ection 0, Article 5&&. AFB Chat is given is )riority right, not exclusive right. &t does not
)reclude the #tate from entering into co%)roduction, 3oint venture, or )roduction sharing
agreements 'ith )rivate entities.
?n the other hand, the o)inion assailing the constitutionality of the la' held the follo'ing4 A.B the
la' amounts to abdication of the authority over a significant area of the countryIs )atrimony@ A0B
it relin-uishes full control of natural resources in favor of indigenous )eo)le@ A=B the la'
contravenes the )rovision 'hich says that all natural resources belong to the state.
Classi7i!ation o7 private lands
The )hrase 9)rivate lands: or 9lands of )rivate o'nershi): have been defined in our
3uris)rudence as those lands of the )ublic domain4 A.B That are, or has been in the )ossession of
occu)ants and their )redecessors%in%interest since time immemorial.
6>
A0B That had been a'arded
to an a))licant 'ith AaB #ales or 2omestead Patent under ,ommon'ealth Act <o. .F. A#ecs. .6%
=0B, or Title issued by virtue of the +oyal ,edula of ?ctober ./, .8/F@ or AbB Free Patent under
,ommon'ealth Act <o. .F. A#ecs. F8%/GB@ AcB Title by ,om)osition 'ith the #tate )ursuant to
the $auraIs +oyal Decreed@ AFB Possessor &nformation issued under the #)anish $ortgage La'
of .76= after the com)osition or confirmation of im)erfect title held by the occu)ant 'ith claim
of o'nershi). Private lands may be classified in the same manner as those of )ublic lands.
6.

B. ,onstitutional +estrictions
As a general rule, only the follo'ing may ac-uire )rivate lands )ursuant to #ection 84
A.B Fili)ino citi*ens and
A0B ,or)orations or associations incor)orated in the Phili))ines, at least G>T of
'hose ca)ital is o'ned by Fili)ino citi*ens as defined in #ection 0.
E3!eption to t+e rule
2o'ever, by exce)tion the follo'ing may also ac-uire )rivate lands4
A.B Aliens, but only by hereditary succession.
A0B A natural%born citi*en of the Phili))ines 'ho has lost Phili))ine citi*enshi) but
only under the terms )rovided in #ection 7, Article 5&& 'hich states that,
9<ot'ithstanding the )rovisions of #ection 8 of this Article, a natural%born
citi*en of the Phili))ines 'ho has lost his Phili))ine citi*enshi) maybe a
transferee of )rivate lands, sub3ect to limitations )rovided by la'.:
60

A=B Foreign states may ac-uire land but only for embassy and staff residence
)ur)oses.
&n Ramire2 v. #da. de Ramire2, the ,ourt held to extend the exce)tion to testamentary succession
for other'ise the )rovision 'ill be for naught and meaningless.
6=
Another 3uris)rudential
90
,ariUo v. &nsular ;overnment, F. Phil. 6=G A.6>6B.
91
F&LA$?+, +AL #TAT LAC supra note ., at .7F%.7/.
92
F&LA$?+, +AL #TAT LAC, supra note ., at F8>.
93
... #,+A 8>F.
=0
exce)tion is 'hen an alien ac-uires land by hereditary succession, such alien cannot renounce the
right to inherit in favor of one 'ho is not -ualified.
6F
&n the case of $oss v. Director of lands, the
?rdinance a))ended to the .6=/ ,onstitution )rovided that until final 'ithdra'al of the !nited
#tates, Americans and American ,or)orations en3oyed the same civil rights as Fili)ino citi*ens
and could therefore ac-uire )rivate lands until July F, .6FG.
6/
As mentioned )reviously, )rivate land means any land of )rivate o'nershi). This includes both
lands o'ned by )rivate individuals and lands 'hich are )atrimonial )ro)erty of the #tate or of
munici)al cor)orations.
6G
&n the case of @rivenko v. Register o7 Deeds, the term 9)rivate
agricultural lands: meant any )rivate land that 'as neither timber nor mineral land.
68
Again, the
ca)acity to ac-uire )rivate land is made de)endent u)on the ca)acity to ac-uire or hold lands of
the )ublic domain. This is because aliens 'ere dis-ualified from ac-uiring lands of the )ublic
domain Asince the .6=/ ,onstitutionB, aliens, 'hether individuals or cor)orations, 'ere also
dis-ualified from ac-uiring )rivate lands. The )rohibition a))lies even to a regime of con3ugal
)artnershi) in marriage. Thus, an alien s)ouse in a con3ugal )artnershi) does not have the right to
give or not to give consent in the dis)osition of the land.
67
xce)tion for former Fili)ino ,iti*ens4
9#ec. 7. <ot'ithstanding the )rovisions of sec. 8 of this article, a natural%born
citi*en of the Phili))ines 'ho has lost his Phili))ine citi*enshi) may be a
transferee of )rivate lands, sub3ect to the limitations )rovided by la'.:
A .67. amendment to the .68= ,onstitution created another exce)tion in favor of a natural%born
citi*en of the Phili))ines 'ho has lost his citi*enshi). 2e or she may be a transferee of )rivate
land, for use by him as his residence, as the Batasang Pambansa may )rovide. This no'
embodied in #ec. 7. The .678 )rovision, ho'ever, not longer contains the )hrase 9for use by him
as residence.:
66

A 4ilipino !orporation !an a!9uire land
#ec. 8 of the .678 ,onstitution ma(es the ca)acity to ac-uire )rivate land de)endent on ca)acity
to ac-uire or hold lands of the )ublic domain. Private cor)orations can 9hold: lands of the )ublic
domain only by lease. They are thus not in the same )osition as aliens 'ho cannot even lease land
of the )ublic domain.
.>>
By analogy, Fili)ino ,or)orations, as a creation of the legislature AThe
,or)oration ,ode, Batas Pambansa G7B also has Fili)ino citi*enshi)s as a 3uridical )erson. &t is
also one of the ex)ressed )o'ers of a cor)oration as )rovided by #ec. =G to 'it4
9AgB To )urchase, receive, ta(e or grant, hold, convey, sell, lease, )ledge,
mortgage and other'ise deal 'ith such real and )ersonal )ro)erty, including
securities and bonds of other cor)orations, as the transaction of the la'ful
business of the cor)oration may reasonably re-uire.
.>.
94
2alili v. ,ourt of A))eals, ;.+. <o. ..=/=6, $arch .0, .667.
95
7> #,+A 0G6.
96
B+<A#, ,?$$<TA+K, supra note .=, at ../8.
97
86 Phil. FG..
98
B+<A#, ,?$$<TA+K, supra note .=, at ../7.
99
B+<A#, ,?$$<TA+K, supra note .=, at ..GG.
100
Id. at ..G..
101
The ,or)oration ,ode, W=G, X g
==
In !ontrast ;it+ puli! lands
The term 9)ublic lands: refer to such lands of the )ublic domain as are sub3ect to alienation and
dis)osal by the #tate in accordance 'ith the Public Land Act. The )hrase 9)ublic land: 'as held
to be e-uivalent to 9)ublic domain:. &t does not by any means include all lands of government
o'nershi), but only so much of said lands as are thro'n o)en to )rivate a))ro)riation and
settlement by homestead and other similar la's. Accordingly, 9government land: and 9)ublic
land: are not synonymous terms@ the first is more extensive and embraces not only the second by
also other lands of the government already reserved to )ublic use or sub3ect to )rivate right.
.>0
The rules for the dis)osition of lands of the )ublic domain are the ff4
.>=
A.B ?nly agricultural lands of the )ublic domain may be alienated. All others are
inalienable and may be develo)ed and utili*ed only according to the rules
established in #ec. 0 of the ,onstitution.
A0B ?nly )ublic cor)orations and -ualified individuals may ac-uire alienable lands of
the )ublic domain. ,or)orations can hold alienable land of the )ublic domain
only by lease.
A=B Private cor)orations are allo'ed to lease no more than one thousand hectares.
AFB The congress shall determine by la', the si*e of lands of the )ublic domain
'hich may be ac-uired, develo)ed, held, or leased and the conditions therefor.
,ommon'ealth Act <o. .F. )rovides that the ac-uisition of )ublic agricultural lands by )urchase
is governed by ,ha)ter H A#aleB. Any citi*en of the Phili))ines of la'ful age of the head of a
family may )urchase any tract of )ublic agricultural land not to exceed t'elve hectares
.>F
'hich
shall be sold thru sealed bidding. The land shall be a'arded to the highest bidder, but the
a))licant may e-ual the highest bid. The )urchase )rice may be )aid in full u)on the ma(ing of
the a'ard or in not more than ten e-ual annual installments from the date of the a'ard. &t is
re-uired that the )urchaser shall have not less than one%fifth of the land cultivated 'ithin five
years from the date of the a'ard, and before any )atent is issued, he must sho' actual occu)ancy,
cultivation and im)rovement of at least one%fifth of the land until the date of final )ayment.
.>/
.ri"en!o ". Register o# Deeds o# +anila
86 Phil. FG.
FA,T#4 1riven(o bought a residential lot from $agdalena state, &nc., in December of
.6F., the registration of 'Pc 'as interru)ted by the 'ar. &n $ay .6F/, he sought to
accom)lish said registration but it 'as denied on the ground that 1riven(o is an alien.
1riven(o then brought the case to the ,F& of $anila by means of a consulta. The court
rendered 3udgment sustaining the refusal.
2LD4 The .6=/ ,onstitution classified lands namely as agricultural, timber and mineral
since this 'as the basic classification existing in la's and 3uris)rudence at that time. The
)hrase 9)ublic agricultural lands: includes residential lot R their alienation is limited to
Fili)ino citi*ens. To construe this )hrase as not including residential lots or lands not
102
&upra note =>.
103
B+<A#, ,?$$<TA+K, supra note .=, at ..F/%..FG.
104
P2&L. ,?<#T. art. .0, W =
105
Public Land Act, W 00, 0G R 07
=F
strictly agricultural, the result 'ould be that aliens may freely ac-uire and )ossess not
only residential lots and houses for themselves but also other forms of 9)ublic
agricultural lands:.
Director o# Lands ". Lood
.0F #,+A FG>
FA,T#4 Sue*on ,ity Develo)ment R Financing ,or) filed an a))lication 'ith the ,F&
of +i*al, see(ing the registration of title under Act. F6G, claiming to be the o'ner in fee
sim)le of a )arcel of land in Taytay, +i*al. The Director of Lands, filed an o))osition, on
the ground that the a))licant has no sufficient title to the land, not having ac-uired the
same by com)osition title from the #)anish ;ovt or by )ossessory information title
)ursuant to +oyal Decree of February .=, .76F. The ,F& ruled that the a))licant has a
registrable title over the )arcel of land.
2LD4 The a))licant, being a 3uridical )erson, is dis-ualified to a))ly sub3ect )ro)erty
for registration. Limiting the mode of ac-uisition of cor)orations, by )urchase, but not by
homestead, free )atent or 3udicial confirmation, does not offend the ,onstitution.
,or)orations 'ere never intended to ac-uire lands by such modes. Further, cor)orations,
as )roduct of statutory action, the legislative can define the )o'ers of a cor)oration.
,. $odes of Ac-uisition
The conveyance of )ublic land by the government to a )rivate individual is generally (no'n as a
)ublic grant. 2o' the government ma(es such grant is 'ell illustrated by 'hat actually too(
)lace in the Phili))ines after its discovery by $agellan in ./0.. &t 'as held by the discovery and
con-uest of the entire Phili))ine territory became the exclusive )atrimony and dominion of the
#)anish ,ro'n. Cith this as basis, the #)anish government began to handle the direct
distribution of )ublic lands to settlers, vassals and other )eo)le by the issuance of royal grants
and concessions in varied forms.
&t seems but only logical that tile to land must emanate from some source for it cannot 3ust issue
forth from no'here. And consistent 'ith the general tendency observed in different countries, the
government or head of state is vested 'ith such )o'er to ma(e )ublic land grants according to
existing statutes.
Re$,lic ". Lee
.68 #,+A .=
FA,T#4 ?n June 06, .68G, Lee filed before the ,F& of Pangasinan, an a))lication for
registration in her favor of a )arcel of land at $agaldan, Pangasinan. The Director of
Lands, filed an o))osition, alleging that neither the a))licant nor her )redecessors%in%
interest have ac-uired the land under any of the #)anish titles or any other recogni*ed
mode for the ac-uisition of title. The ,F& rendered 3udgment confirming the title of the
a))licants over the said )arcel of land )ursuant to the Land +egistration La'.
&##!4 C?< )ublic land can be ac-uired by a )rivate )erson 'ithout any grant.
2LD4 <o )ublic land can be ac-uired by )rivate )ersons 'ithout any grant, ex)ress or
im)lied, for government. A grant is conclusively )resumed by la' 'hen the claimant, by
himself or through his )redecessors%in%interest, has occu)ied the land o)enly,
continuously, exclusively, and under a claim of title since July 0G, .76F or )rior thereto.
=/
A.B Ac-uisition by Public ;rant
.>G
The #)anish ;overnment, during their colonial rule, issued +oyal ;rants as title to the lands, to
discoverers, settlers, vassals, and other )eo)le in varied forms.
During the ,ommon'ealth ;overnment, the Public Land Act 'as )assed and by virtue thereof
)ublic agricultural lands 'ere distributed to citi*ens under certain conditions s)ecified therein.
These lands so distributed became ultimately the )ro)erty of the distributees.
&n, Aureus v. &e!retar% o7 Agri!ulture A Commer!e,
.>8
it 'as held that the mere filing by an
individual of an a))lication for a )ermit to occu)y a )iece of )ublic land does not create an
obligation on the )art of the administrative officer concerned to grant his a))lication. &f it does,
the Director of Lands or the #ecretary of Agriculture, 'ill be a mere robot of every such
a))licant. &t is discretionary in the said officials to grant or not to grant such a))lication. Chile in
Lu2uriaga v. Dire!tor o7 Lands,
.>7
it 'as held that 'hen a munici)ality has used a land from time
immemorial for recogni*ed )ublic )ur)oses based u)on a )ublic necessity, 'hich )ur)oses and
necessity 'ere formerly recogni*ed by the ;overnment as a basis for a grant of land to a
munici)ality, a grant from the #tate in favor of the munici)ality is )resumed.
*roo7 o7 a!9uisition 7rom t+e state
<o )ublic land can be ac-uired by )rivate )ersons 'ithout any grant, ex)ress or im)lied, from the
government, it is indis)ensable that there be a sho'ing of title from the #tate. ?ne claiming rights
must )rove that he has com)lied 'ith the Public Land Act, 'hich )rescribes the substantive as
'ell as the )rocedural re-uirements for ac-uisition of )ublic land.
.>6
*rivate Grants o7 Land Titles
The transfer of title to land by the o'ner himself or his duly authori*ed re)resentative to another
by mutual consent is recogni*ed by la'. ,onsent of the grantor is an essential element. To give
effect to the transfer, a deed of conveyance must be executed to be follo'ed by its registration at
the +egistry of Deeds.
..>
A0B Prescri)tion
Land o'nershi) and other real rights or obligations may be ac-uired through the la)se of time, in
the manner and action laid do'n by la'.
...
All things 'hich are 'ithin the commerce of men are
susce)tible of )rescri)tion, unless other'ise )rovided. Thus, the )eaceful and adverse )ossession
of land that is continuous and uninterru)ted for a certain )eriod of time may be converted into
o'nershi) of the land.
..0
2o'ever, )ro)erty of the #tate or any of its subdivisions not )atrimonial
in character shall not be the ob3ect of )rescri)tion.
..=
106
PMA, +;&#T+AT&?< ?F LA<D, supra note .66, at ./.
107
7/ Phil. ..
108
0F Phil. .6=.
109
PMA, +;&#T+AT&?< ?F LA<D, supra note .66, at .G.
110
Id. at .8.
111
,&H&L ,?D, art. ..>G.
112
F&LA$?+, +AL #TAT LAC, supra note ., at /=.
113
,&H&L ,?D, art. ...=.
=G
The claim of o'nershi)
..F
must be in the conce)t of o'ners, adverse, )ublic and )eaceful.
../
Ac-uisitive )rescri)tion is either ordinary or extraordinary.
..G
The la' fixes ten A.>B years by
ordinary )rescri)tion, that is, 'ithout need of title and good faith,
..8
and thirty A=>B years by
extraordinary )rescri)tion, 'ithout need of title and good faith.
..7

For ordinary )rescri)tion, the follo'ing re-uisites must concur4 A.B ,a)acity to ac-uire by
)rescri)tion@ A0B the ob3ect must be susce)tible of )rescri)tion@ A=B The )ossession must be in
conce)t of o'ner, )ublic, )eaceful, continuous and uninterru)ted@ AFB The )ossession must be in
good faith@ A/B The )ossession must be by virtue of a 3ust title@ and AGB The )eriod of )ossession
must be F years if the ob3ect is movable or ten years if it is immovable.
&n extraordinary ac-uisitive )rescri)tion, the follo'ing must concur4 A.B ,a)acity to ac-uire by
)rescri)tion@ A0B The ob3ect must be susce)tible of )rescri)tion@ A=B The )ossession must be in the
conce)t of o'ner, )ublic, )eaceful, continuous, and uninterru)ted@ and AFB The )eriod of
)ossession must be 7 years if the ob3ect is movable or => years if it is immovable.
..6
The good faith of the )ossessor consists in the reasonable belief that the )erson from 'hom he
received the thing 'as the o'ner thereof, and could transmit his o'nershi).
.0>
&n its negative
as)ect, it consists in the ignorance of the )ossessor of any fla' 'hich 'ould invalidate his title or
mode of ac-uisition.
.0.

For )ur)oses of )rescri)tion, there is 3ust title 'hen the adverse claimant came into )ossession of
the )ro)erty through one of the modes recogni*ed by la' for the ac-uisition of o'nershi) or
other real rights, but the grantor 'as not the o'ner or could not transmit any right.
.00
&ts re-uisites
are4 A.B &t must be 3ust@ A0B it must be true@ A=B it must be valid@ AFB it must be )roved.
.0=
Actual
)ossession of land consists in the manifestation of acts of dominion over it of such a nature as a
)arty 'ould naturally exercise over his o'n )ro)erty. The general rule is that the )ossession and
cultivation of a )ortion of a tract under claim of o'nershi) of all is a constructive )ossession of
all, if the remainder is not in the adverse )ossession of another.
.0F
2o'ever, the )eriod of
)ossession in ac-uisitive )rescri)tion may be interru)ted naturally, civilly, or by ex)ress or tacit
recognition by the )ossessor of the o'nershi).
.0/
&n extinctive )rescri)tion, interru)tion may
occur A.B 'hen they are filed before the court, A0B 'hen there is a 'ritten extra%3udicial demand
by the creditors, and A=B 'hen there is any 'ritten ac(no'ledgment of the debt by the debtor.
.0G
Cith such conversion, )ro)erty may no' fall 'ithin the contem)lation of 9)rivate lands: under
#ection .FA0B, and may be registered even if the )ossession commenced on a date later than the
date of enactment of the Pro)erty +egistration Decree.
.08

114
&upra note 0FG.
115
<?BLJA#, +;&#T+AT&?<, supra note =, at .8.
116
D#&D+&? P. J!+AD?, ,?$$<T# A<D J!+&#P+!D<, ?< ?BL&;AT&?<# A<D ,?<T+A,T# G/= A8
th
rev. ed,
.67>B. Nhereinafter J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#O.
117
,&H&L ,?D, art. ..=8.
118
,&H&L ,?D, art. .F6G.
119
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/G%G/8.
120
,&H&L ,?D, art. ..08.
121
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/8.
122
,&H&L ,?D, art. ..06.
123
,&H&L ,?D, arts. ...8, ..=>%..=..
124
+amos v. Director of Lands, =6 Phil .8/ A.6.7B.
125
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/8.
126
,&H&L ,?D, A+T. ..//.
127
;.+. <o. .FF>/8, January .8, 0>>/.
=8
#uch does not )reclude the a))lication for registration of alienable lands of the )ublic domain,
)ossession over 'hich commenced after the abovementioned date, considering #ection .FA0B of
the Decree 'hich governs and authori*es the a))lication of 9those 'ho have ac-uired o'nershi)
of )rivate lands by )rescri)tion under the )rovisions of existing la's.: Chile as a rule,
)rescri)tion does not run against the #tate, the exce)tion is 'here the la' itself ex)ressly
)rovides. An exam)le is said #ection .F A0B 'hich s)ecifically allo's -ualified individuals to
a))ly for the registration of )ro)erty, o'nershi) of 'hich he has ac-uired by )rescri)tion under
existing la's.
.07
2o'ever, a )ro)erty registered under the )rovisions of P.D. ./06 is not sub3ect
to )rescri)tion. Also, )rescri)tion is unavailing not only against his hereditary successors because
the latter merely ste) into the shoes of the decedent by o)eration of la' and are merely the
continuation of the )ersonality of their )redecessor%in%interest.
.06
$oreover, it 'as held that 9a )ersonIs )ossession of a )arcel of land covered by a T,T cannot
render nugatory the right of the holders of a certificate of title. The reason is that )rescri)tion
does not run against registered land. A title, once registered, cannot be defeated even by adverse,
o)en, and notorious )ossession. $oreover, in asserting o'nershi) by donation, )etitioners 'ere
in effect assailing the title of res)ondents. A Torrens title cannot be collaterally attac(ed, the issue
on its validity can only be raised in an action ex)ressly institute for that )ur)ose.:
.=>
A )ossessor
of land 'ho may not be the o'ner, after a la)se of a certain )eriod )rescribed in the la', may
assert o'nershi) thereof as against anyone exce)t the true o'ner or one 'ith a better title based
on an earlier )ossession 'hich he had not abandoned. Adverse )ossession or )rescri)tion does
not run against )rivate lands brought under the o)eration of the Torrens system, nor against
)ublic land exce)t 'here the la' ex)ressly so )rovides.
.=.

For )ur)oses of )rescri)tive )ossession, there is 3ust title AmodeB 'hen the adverse claimant came
into )ossession of the )ro)erty thru any of the modes allo'ed by la' for the ac-uisition of
o'nershi) or other real rights. These are enumerated in Titles . to /, Boo( &&& of the ,ivil ,ode,
namely@ AaB occu)ation, AbB intellectual creation, AcB la', AdB donation, AeB succession Atestate or
intestateB, AfB in conse-uence of certain contracts, by tradition, and AgB )rescri)tion.
.=0
&n com)uting for )rescri)tion, the )resent )ossessor may com)lete the )eriod necessary for
)rescri)tion by tac(ing his )ossession to that of his grantor or )redecessor%in%interest. &t is
)resumed that the )resent )ossessor 'ho 'as also the )ossessor at a )revious time, has continued
to be in )ossession during the intervening time, unless there is )roof to the contrary.
.==
Possession
in 'artime, 'hen the civil courts are not o)en, shall not be counted in favor of the adverse
claimant.
.=F
Prescri)tion does not run bet'een husband and 'ife. ven though there be a se)aration of
)ro)erty agreed u)on in the marriage settlement or by 3udicial decree. <either does )rescri)tion
run bet'een )arents and children during the minority or insanity of the latter, and bet'een
guardian and 'ard during the continuance of the guardianshi).
.=/

128
A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+, supra note .0., at G/8.
129
#imeona Barcelona, et al. v. 2ilarion Barcelon and the 2onorable ,ourt o A))eals, .>> Phil. 0/. A.6/GB.
130
?ng, et al. v. #)s. ,abucos, =/G #,+A 87G A0>>.B.
131
PMA, +;&#T+AT&?< ?F LA<D T&TL#, supra note .66, at ./%.G.
132
,&H&L ,?D, art. 8.0.
133
,&H&L ,?D, art. ..=7.
134
,&H&L ,?D, art. ..=G.
135
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/F.
=7
Chile )rescri)tion, as a rule, does not run in favor of a co%o'ner as long as he ex)ressly or
im)liedly recogni*ed the co%o'nershi), it may ta(e )lace 'here it is clearly sho'n that the co%
o'ner has re)udiated the co%o'ershi), and that the other co%o'ners 'ere a))raised of the
re)udiation.
.=G
Persons 'ith ca)acity to alienate )ro)erty may renounce )rescri)tion already obtained, but not
the right to )rescribe in the future. Prescri)tion is deemed to have been tacitly renounced 'hen
the renunciation results from acts 'hich im)ly the abandonment of the right ac-uired.
.=8
Laches should not be confused 'ith )rescri)tion. Laches is different from, and a))lies
inde)endently of, )rescri)tion. Chile )rescri)tion is concerned 'ith the fact of delay, laches is
concerned 'ith the effect of delay. Prescri)tion is a matter of time@ laches is )rinci)ally a
-uestion of ine-uity of )ermitting a claim to be enforced, this ine-uity being founded on some
change in the condition of the )ro)erty or the relation of the )arties. Prescri)tion is statutory@
laches is not. Laches a)llies in e-uity, 'hereas )rescri)tion a))lies at la'. Prescri)tion is based
on a fixed time@ laches is not.
.=7
A=B Accretion
Accretion is the )rocess 'hereby the soil is de)osited.
.=6
&t is the act by 'hich the land bordering
a stream or other body of 'ater increases its area by the gradual de)osit of soil or sea'eeds by
the current of the river or other natural )rocess.
.F>
Article F/8 of the ,ivil ,ode )rovides that 9to the o'ners of lands ad3oining the ban(s of rivers
belong the accretion 'hich they gradually receive from the effects of the current of the 'aters.:
As a mode of ac-uiring )ro)erty under Article F/8 of the ,ivil ,ode, there are three re-uisites
'hich must concur before an accretion is said to have ta(en )lace4
AaB The accumulation of soil or sediment must be gradual and im)erce)tible@
AbB That it be made through the effects of the current of the 'ater@ and
AcB That the land 'here accretion ta(es )lace is ad3acent to the ban(s of the rivers.
.F.
These are called the rules on alluvion 'hich if )resent in a case, give to o'ners of lands ad3oining
he ban(s of rivers or streams any accretion gradually received from the effects of the current
'aters.
.F0
Alluvion is the soil de)osited on the estate fronting the river ban(.
.F=
&n order to ac-uire land by accretion, there should be a natural and actual continuity of the
accretion to the land of the ri)arian o'ner.
.FF
The re-uirement that the de)osit should be due to
the effects of the current of the river is indis)ensable. Alluvion must be the exclusive 'or( of
nature.
.F/
A ri)arian o'ner then does not ac-uire the additions to his land caused by s)ecial
136
<?BLJA#, +;&#T+AT&?<, supra note =, at .6.
137
,&H&L ,?D, art. ...0.
138
2eirs of Batiof Lacamen v. 2eirs of Laman, G/ #,+A G>/ A.68/B.
139
<avarro v &ntermediate A))ellate ,ourt, ;.+. <o. G7.GG, February .0, .668.
140
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =6.
141
<avarro, ;.+. <o. G7.GG.
142
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =/.
143
<avarro, ;.+. <o. G7.GG.
144
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =/.
145
<?BLJA#, +;&#T+AT&?<, supra note =, at .>6.
=6
'or(s ex)ressly intended or designed to bring about accretion.
.FG
There must be evidence to
)rove that the addition to the )ro)erty 'as made gradually through the effects of the current of
the river.
.F8
&n the absence of evidence that the change in the course of the river 'as sudden or that it occurred
though avulsion, the )resum)tion is that the change 'as gradual and caused by accretion and
erosion.
.F7
Acts of )ossession exercised over bordering land are al'ays understood legally to
cover that )ortion added to the )ro)erty by accretion.
.F6
?ne must )rove his claim by a
)re)onderance of evidence.
./>
The fact that the accretion to oneIs land used to )ertain to anotherIs estate, 'hich is covered by a
Torrens certificate of title, cannot )reclude the former from being the o'ner thereof. +egistration
does not )rotect the ri)arian o'ner against the diminution of the area of his land through gradual
changes in the course of the ad3oining stream. Accretions 'hich the ban(s of rivers may
gradually receive from the effect of the current become the )ro)erty of the o'ners of the ban(s.
#uch accretions are natural incidents to land bordering on running streams and the )rovisions of
the ,ivil ,ode in that res)ect are not affected by the Pro)erty +egistration Decree.
./.
+i)arian o'ners are un-uestionably o'ners of the alluvial de)osits on their lands caused by the
current of the river, and the area 'ithin the boundaries thereof )revail over that 'hich the title
sho's.
./0
The reason behind the la' giving the ri)arian o'ner the right to any land or alluvion
de)osited by a river is to com)ensate him for the danger of loss that he suffers because of the
location of his land.
./=
Accretion does not become automatically registered land 3ust because the lot 'hich received such
accretion is covered by a Torrens title. ?'nershi) of a )iece of land is one thing, registration
under the Torrens #ystem of o'nershi) is another.
./F
As such, it must also be )laced under the
o)eration of the Torrens system.
.//
Alluvial formation along the seashore is )art of the )ublic domain and, therefore, not o)en to
ac-uisition by adverse )ossession by )rivate )ersons. #ince the land is foreshore land or )ro)erty
of )ublic dominion, its dis)osition falls under the exclusive su)ervision and control of the Lands
$anagement Bureau. !ntil a formal declaration on the )art of the ;overnment, through the
executive de)artment or the legislature, to the effect that land is no longer needed for coast guard
service, for )ublic use or for s)ecial industries, they continue to be )art of the )ublic domain, not
available for )rivate a))ro)riation or o'nershi). The ad3oining registered o'ner of foreshore
land cannot claim o'nershi) thereof by right of accretion.
./G
AFB +eclamation
./8
146
+e)ublic v ,ourt of A))eals and Tancinco, ;+ <o. L%G.GF8, ?ctober .0, .67F
147
<?BLJA#, supra note 07/.
148
2odges v ;arcia, ;.+. <o. L%.08=>, Aug. 00, .6G>.
149
,ortes v ,ity of $anila, ;.+. <o. L%F>.0, $arch 0/, .6>7
150
G/ ,.J.#. .7=
151
2odges, ;.+. <o. L%.08=>.
152
;overnment of the Phili))ines v. Aba3a, /0 Phil. 0G. A.607B.
153
,ortes, ;.+. <o. L%F>.0.
154
;rande v. ,ourt of A))eals, ;.+. <o. L%.8G/0 A.6G0B
155
,ureg v. &ntermediate A))ellate ,ourt, ;+ <o. 8=FG/, #e)tember 8, .676
156
&gnacio v. Director of Lands, ;+. <o. L%.06/7, $ay =>, .6G>.
157
<?BLJA#, +;&#T+AT&?<, supra note =, at F0.
F>
This method suggests the filling of submerged land by deliberate act and reclaiming title thereto.
&n the Phili))ines, there is no la', ex)ress or im)lied 'hich grants to o'ners of ad3acent u)land
the right to fill the ad3acent land under 'ater. +eclaimed lands may ho'ever, be declared by the
government as )ro)erty of the ad3oining o'ners and as such increment thereto only 'hen it is no
longer necessary for )ublic use. +eclamation )ro3ects may be underta(en for the establishment of
residential, commercial or industrial sites, construction or extension of roads, 'harves or )iers,
airfields, )ar(s, )laygrounds, )la*as, mar(et )laces, etc.
+e)ublic Act <o. 00GF, entitled 9A< A,T A$<D&<; T2 LAC# ;?H+<&<; L?,AL
;?H+<$<T# BK ,+AT&<; T2&+ A!T?<?$K A<D +?+;A<&Y&<;
P+?H&<,&AL ;?H+<$<T#:, does not ex)ressly authori*e local governments to underta(e
or carry out reclamation )ro3ects. 2o'ever, such authority is believed to be included in the
general authority granted local governments to underta(e and carry out 9any )ublic 'or(s
)ro3ects.: This vie' is grounded on #ection .0 of said Act.
./7
The reclamation )ro3ects in $anila Bay and the coastal munici)alities extending from Pasay ,ity
to ,avite ,ity are being underta(en )ursuant to the authority granted by +.A. 00GF to local
governments.
!nder +.A. .766, the <ational ;overnment granted to all munici)alities and chartered cities, the
authority to carry out at their o'n ex)ense, the reclamation by dredging, filling, and other means
of any foreshore lands bordering on them, and to establish, )rovide, construct, maintain and
re)air )ro)er and ade-uate doc(ing and harbor facilities as such munici)alities or chartered cities
may determine in consultation 'ith the $inister of Finance, the $inister of Public Cor(s and
2igh'ays. Any and all such lands reclaimed 'ill become )ro)erty of the res)ective
munici)alities and chartered cities@ but the ne' foreshore along the reclaimed areas shall continue
to become )ro)erty of the <ational ;overnment.
A/B Holuntary Transfer
A )rivate grant is the usual means by 'hich title to land is transferred by the o'ner himself or his
duly authori*ed re)resentative. 2ere the consent or coo)eration of the grantor is an essential
element. This transfer is given effect by the voluntary execution of deed of conveyance in certain
)rescribed form, com)leted by the recording or registration thereof in a )ublic office. The
)ur)ose of such registration is to serve )ublic notice at least constructively and thereby legally
bind third )ersons. !nder the Torrens system, it is the registration that is the o)erative act to
convey the land and affect title thereto. &n other 'ords, the legal title to the land does not )ass
until the conveyance shall have been duly registered or made of )ublic record.
./6
Filamore called this transfer Tradition. Tradition is the act of delivering the thing sold to the
buyer or vendee by AaB turning over material )ossession of the thing sold, or AbB symbolic transfer
of o'nershi) thereof.
.G>
The former transfers actual and )hysical control over the buyer, 'hile the
other is done by executing a )ublic instrument. Filmore said that, according to $el-uiades J.
158
+.A. <o. 00GF, #ec. .0 )rovides that 9the im)lied )o'er of a )rovince, a city or munici)ality shall be
liberally construed in its favor, and that any fair and reasonable doubt as to the existence of the )o'er should be
inter)reted in favor of the local government and it shall be )resumed to exist.: &t also )rovided that the general
'elfare clause shall be liberally inter)reted in case of doubt so as to give more )o'er to local governments in
)romoting the economic condition, social 'elfare and material )rogress of the )eo)le in the community.:
159
<?BLJA#, +;&#T+AT&?<, supra note =, at 0>.
160
F&LA$?+, +AL #TAT LAC, supra note ., at /=.
F.
;amboa, the re-uisites of tradition are4 9A.B the transferor is the o'ner of the )ro)erty transferred
and has the ca)acity and intention to grant@ A0B the transferee has the ca)acity to ac-uire the
)ro)erty@ A=B there is 3usta causa or valid means of transfer such as the contract of sale, barter or
legacy@ and AFB the actual transfer of )ossession to the transferee is manifested by some out'ard
act.:
.G.
AGB &nvoluntary Alienation
This method of transfer does not re-uire the consent or coo)eration of the o'ner of the land, and,
in fact, is usually carried out against his 'ill. For the more common forms of involuntary
alienation, 'e have them in connection 'ith 3udgments of the courts in ex)ro)riation or
condemnation )roceedings. Land is forcibly ac-uired by the state through the exercise of eminent
domain, or by 'ay of escheat or forfeiture. &t may also be confiscated, sei*ed or attached, and
subse-uently sold at )ublic auction to the highest bidder. Ce have the execution sale by the
sheriff to satisfy a money 3udgment, the tax sale to satisfy un)aid taxes and )enalties, the auction
sale by a )ublic officer in foreclosure of mortgage. #ome authorities even consider the sale of
)ro)erty under s)ecial order of the court for and in behalf of a minor or a )erson under legal
disability as falling 'ithin the category of involuntary alienation in the same 'ay as a sale by
3udicial administrator or executor of an estate of a decedent. !nder this mode of ac-uiring land,
the )urchasers are generally sub3ect to the rule of caveat em)tor.
.G0
A8B Testate and &ntestate #uccession
Transfer of title by testate or intestate succession is governed by the ,ivil La'. Title to land is
ac-uired by descent in case an heir succeeds the deceased o'ner in intestacy or by reasons of
certain relationshi) 'hich entitles him to succeed by o)eration of la'. To be an heir, it re-uires a
certain degree or relationshi) 'ith the decedent.
A lando'ner may execute his last 'ill and testament designating his heir and legatee 'ho shall
receive the res)ective )ortions of his estate )ursuant to la'.
.G=
The testator cannot dis)ose of that )ortion of his estate called Legitime 'hich is reserved for his
com)ulsory heirs, namely4 the legitimate children or descendants, legitimate )arents and
ascendants, his 'ido'@ ac(no'ledged natural children, and natural children by legal fiction as
'ell as illegitimate children.
.GF
Chen a )erson dies 'ithout a 'ill, or the 'ill does not institute an heir to the )ro)erty or the
testator, or no one succeeds under the 'ill, intestate succession shall ta(e )lace.
.G/
!nder this
system, his legitimate children and descendants succeed him, follo'ed by his )arents, mother and
father, 'ho inherit in e-ual shares@ or 'hen they are both dead, the illegitimate children, or
ac(no'ledged natural children, the natural children by legal fiction and adulterous children
succeed in this order. Finally, the #tate inherits 'hen the ascendants and descendants of the
testator do not exist.
.GG
161
F&LA$?+, +AL #TAT LAC, supra note ., at /F.
162
<?BLJA#, +;&#T+AT&?<, supra note =, at 066.
163
,&H&L ,?D, arts. 77F%6.F.
164
,&H&L ,?D, arts. 77G%778.
165
,&H&L ,?D, art. 6G7.
166
Arts. 6G=%.>.F, iid.
F0
Professor ;amboa summari*es the order of intestate succession, thus4 A.B legitimate children and
their descendants@ A0B legitimate )arents and descendants@ A=B illegitimate children and their
descendants@ AFB surviving s)ouse 'ithout )re3udice to the rights of brothers and sisters@ A/B
collateral relatives 'ithin the fifth A/thB degree@ and AGB the #tate.
.G8
&n Austria v. Re%es
.G7
the #u)reme ,ourt enunciated that testacy is favored and doubts are
resolved on the side, es)ecially 'here the 'ill evinces an intention on the )art of the testator to
dis)ose of )ractically his 'hole estate. Furthermore, so com)elling is the )rinci)le that intestacy
should be avoided and the 'ishes of the testator allo'ed )revailing, that 'e could even vary the
language of the 'ill for the )ur)ose of giving it effect.
#uccession by Devise
?ne succeeds by devise 'hen he ac-uires land from one 'ho may not be a relative, if he is
named by the latter in his last 'ill and testament to succeed as such. ven a stranger may ac-uire
title by devise if a))ro)riate dis)osition has been made in his favor by the testator in the latterIs
'ill. Chere the heirs entitled 'ould so )refer, title to land under this method may formally be
transferred 'ithout )roceeding in court. !nder the )rovisions of +ule 8F, #ection ., of the +ules
of ,ourt, they may agree u)on an extra3udicial settlement or )artition of the estate of the
decedent, )rovided there are no debts left by him 'hich remain unsettled.
167
F&LA$?+, +AL #TAT LAC' supra note .6, at 0>F.
168
=. #,+A 8/F A.68>B.
F=