LAND

TITLES AND DEEDS [1ST SEM 2015-2016]

PROF: JUDGE ALBERTO SERRANO

Rules & Regulations:
1. No excused absences
2. Mental honesty (go to the middle of the room when called for recitation)
3. When asked to recite, if possible, RE-STATE THE LAW

In answering essay-type questions:
1. Direct Answer (Yes/NO)
2. Law/Doctrine that applies
3. How it is applied in the case
4. Conclusion

LECTURE [1ST 3 MEETINGS]

I.
Preliminary Chapter and Regalian Doctrine
a. Bar Question (1930)
i. What is Land Registration
b. Regalian Doctrine (Jura Regalia)
c. Land Registration Act (Act No. 496)
d. Torrens System of Land Registration
i. The purpose of adopting a Torrens System in our jurisdiction is to
guarantee the integrity of land titles and to protect their
indefeasibility once the claim of ownership is established and
recognized. This is to avoid any possible conflicts of title that may arise
by giving the public the right to rely upon the face of the Torrens title
and dispense with the need of inquiring further as to the ownership of
the property. 24 Hence, a Torrens certificate of title is indefeasible and
binding upon the whole world unless it is nullified by a court of
competent jurisdiction in a direct proceeding for cancellation of
title. 25|||(Cagatao v. Almonte, G.R. No. 174004, [October 9, 2013])

DEFINITION OF TERMS:


1. LAND solid part of the surface of the Earth as distinguished from oceans, seas
and forests.
2. TITLE evidence of the right of owner or extent of interest by which means
states, maintains control, and as a rule, assert right to exclusive possession and
enjoyment of property (example: Torrens Title, Certificate of Title)
Possession as distinguished from Ownership
i. One may possess something but not own it; ownerhip and
possession are not the same.

3.

DEED a written instrument [document] executed in accordance to a form

prescribed by law where a person grants/conveys to another, certain land,
tenements or predicaments (example: Deed of Absolute Sale; Deed of Donation;
Deed of Real Estate Mortgage; Deed of Assignment)
Requisites of a Deed [pursuant to Sec. 112 of PD 1529 Property
Registration Decree]
SECTION 112. Forms in Conveyancing. The Commissioner of Land
Registration shall prepare convenient blank forms as may be
necessary to help facilitate the proceedings in land registration and
shall take charge of the printing of land title forms.
Deeds, conveyances, encumbrances, discharges, powers of
attorney and other voluntary instruments, whether affecting
registered or unregistered land, executed in accordance with law in
the form of public instruments shall be registrable: Provided, that,
every such instrument shall be signed by the person or persons
executing the same in the presence of at least two witnesses who shall
likewise sign thereon, and shall be acknowledged to be the free act
and deed of the person or persons executing the same before a notary
public or other public officer authorized by law to take
acknowledgment. Where the instrument so acknowledged consists of
two or more pages including the page whereon acknowledgment is
written, each page of the copy which is to be registered in the office of
the Register of Deeds, or if registration is not contemplated, each page
of the copy to be kept by the notary public, except the page where the
signatures already appear at the foot of the instrument, shall be
signed on the left margin thereof by the person or persons executing
the instrument and their witnesses, and all the pages sealed with the
notarial seal, and this fact as well as the number of pages shall be
stated in the acknowledgment. Where the instrument acknowledged
relates to a sale, transfer, mortgage or encumbrance of two or more
parcels of land, the number thereof shall likewise be set forth in said
acknowledgment. (Property Registration Decree, PRESIDENTIAL
DECREE NO. 1529, [1978])

Elements/Requirements of a DEED must be in a FORM prescribed by

law (Sec 112 PD1529)
1. Grantor/transferor
2. Grantee
3. Words of grant (assign, transfer, convey, etc)
4. Technical Description of property (which is referred to as the
OBJECT of the contract)

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Signature of grantor (which establishes and proves the voluntary act

6. According to REGISTRABILITY
of grantor in transferring or conveying the property, known as the
a. Registered those lands that are already registered under Torrens
element of CONSENT in a contract)
b. Unregistered those lands yet to be registered under the Torrens
6. Attestation by 2 witnesses

7. Notarial Acknowledgement [making it a public document and
CLASSIFICATION ACCORDING TO ALIENABILITY
THEREFORE, a REGISTRABLE DOCUMENT]
1. Alienable and Disposable Public Domain

susceptible of private appropriation
may include patrimonial property of the State
DEED vs. LAND TITLE
2. Inalienable or Non Registrable Lands
o A deed is a document that grants or conveys the land
- not susceptible of private appropriation
or the right of a land in favor of another while a land

title is the evidence of ownership of the land.
GENERAL CLASSIFICATION UNDER THE 1987 CONSTITUTION

1. Forest / Timberland
4. REGISTRATION in its strictest acceptation is the entry made in the registry
2. real
Mineral Land
which records solemnly and permanently the rights of ownership and other
3. Agricultural Land (alienable)
rights (Cheng v. Genato)
4. National Parks

- agricultural lands may be reclassified to residential, commercial, industrial
CLASSIFICATION OF LANDS


Listing of Non Registrable Lands (11 Decided by SC)
1. Under Art. 415 of the Civil Code
1. Those devoted for GENERAL PUBLIC USE such as roads, canals, shores, plazas
a. Immovable/Real Property
2. Those devoted for PUBLIC SERVICE such as city or town halls, fortresses
2. Under Art. 419 of the Civil Code (According to Ownership)
essential to public defense and national safety
a. Public Dominion- owned by the State
3. Public Forests/ Timberlands
b. Private Ownership (Art 425)
4. Forest Reserves
i. Patrimonial lands of the State, provinces, municipalities, cities
5. Mineral Lands
May be acquired by private persons through acquisitive
6. Mangrove Swamps
prescription /adverse claim
7. Creeks and Lakes (Art 502 of Civil Code)
ii. Properties belonging to private persons whether individually or
8. Military Reservations and other types of reservations
collectively
9. Water Sheds
3. Public Dominion (Art 420)
10. Grazing Lands
a. For public use such as roads, canals, rivers, torrents, ports and bridges,
11. Alluvial Deposits when mandated
banks, shores, roadsteads, and others
b. Without being for public use and are intended for some public purpose for
LEGAL SYSTEM OF TRANSFER:
the service of development of the national wealth
1. By Delivery of Documents by grantor to grantee
4. According to Acquisition: Public and Private lands
2. By Deed of Conveyance registered in Registry Book
a. Public lands those not segregated from the general mass of public domain
3. By Judicial Registration of Title and ownership itself
b. Private lands those which have been segregated from the general mass by

any form of grant by the state and which are in the possession of original
TWO
S
YSTEMS
OF REGISTRATION
grantees or their successors in interest
1.
Torrens
System of Registration limited to Registrable (Agricultural Lands)
- only private lands are REGISTRABLE under the Torrens System of Land
2. System of Recording for Unregistrable Lands (for other classifications)
Registration

5. According to Susceptibility of Registration:
Laws that govern:
a. Registrable those capable of registration under the Torrens System

PD 1529 Property Registration Decree
b. Non Registrable those incapable of registration under the Torrens

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CA 141 as amended

Cadastral Act No. 2259 embodied in Sections 35-38 of PD 1529

FOR UNREGISTERED LANDS:
Section 113 of PD 1529 for Unregistered lands

Section 194 of the Revised Administrative Code amended by Act 3344

-
-

It is not subject to be bough under another action for the registration

It puts a stop forever on the LEGALITY of the title of the Registered Owner
EXCEPT claims duly noted at registration or subsequent thereto.

II: TO RELIEVE LAND OF UNKNOWN LIENS, BURDENS, OR CLAIMS WHETHER JUST OR
UNJUST

SECTION 44.Statutory Liens Affecting Title. Every registered owner receiving a
TORRENS SYSTEM OF REGISTRATION - PROTECT INDIVISIBILITY OF LAND THROUGH
certificate of title in pursuance of a decree of registration, and every subsequent
REGISTRATION
purchaser of registered land taking a certificate of title for value and in good faith,

shall hold the same free from all encumbrances except those noted in said
PURPOSES AND EFFECTS [7]
certificate and any of the following encumbrances which may be
1. To quite title to land [Sec. 31]
subsisting||| (Property Registration Decree, PRESIDENTIAL DECREE NO. 1529,
2. To relieve land of unknown claims [Sec. 44]
[1978])
3. To prevent fraudulent claims [Sec. 51,53]

4. To establish priority in rights [Sec. 56]
- A 3rd person w/ claim, right, interest, must assert his right thru filing an answer
5. Indefeasible and imprescriptible [Sec. 32, 47]
or opposition at registration proceeding, otherwise he would have deemed to
6. As a means of publication to third parties [Sec. 52]
have waived his right to assert the same
7. To maintain stability to land titles [Sec. 92]
- Claims cannot be asserted against the registered owner unless they arose prior

to land registration proceedings.
I: TO QUIET TITLE TO LAND
- Naming and declaring the owner free from liens and encumbrances except those
Section 31. The decree of registration shall bind the land and quiet title thereto,
duly noted and statutory liens such as roads, streets, canals, real estate taxes,
subject only to such exceptions or liens as may be provided by law. It shall be
lateral
conclusive upon and against all persons, including the National Government and
- Claims not noted in the title shall not affect the land [title is known as otherwise
all branches thereof, whether mentioned by name in the application or notice, the
CLEAN]
same being included in the general description "To all whom it may

concern".||| (Property Registration Decree, PRESIDENTIAL DECREE NO. 1529,
III: TO PREVENT FRAUDULENT CLAIMS
[1978])
SECTION 51.Conveyance and Other Dealings by Registered Owner. An owner of

registered land may convey, mortgage, lease, charge or otherwise deal with the
- (Legarda v. Saleeby, G.R. No. 8936, [October 2, 1915], 31 PHIL 590-614)
same in accordance with existing laws. He may use such forms of deeds, mortgages,
o The real purpose of the torrens system of land registration is to quiet title
leases or other voluntary instruments as are sufficient in law. But no deed,
to land; to put a stop forever to any question of the legality of the title,
mortgage, lease, or other voluntary instrument, except a will purporting to convey
except claims which were noted, at the time of registrations in the
or affect registered land shall take effect as a conveyance or bind the land, but
certificate, or which may arise subsequent thereto. That being the purpose
shall operate only as a contract between the parties and as evidence of authority to
of the law, it would seem that once the title was registered, the owner
the Register of Deeds to make registration.|||
might rest secure, without the necessity of waiting in the portals of the

court, or sitting in the "mirador de su casa," to avoid the possibility of
SECTION 53.Presentation of Owner's Duplicate Upon Entry of New Certificate.
losing his land. The proceeding for the registration of land under the
[P3] In all cases of registration procured by fraud, the owner may pursue all his
torrens system is a judicial proceeding, but it involves more in its
legal and equitable remedies against the parties to such fraud without prejudice,
consequences than does an ordinary action.|||
however, to the rights of any innocent holder for value of a certificate of title.
- real purpose: to quiet title to land
After the entry of the decree of registration on the original petition or
- when a land is once registered under the Torrens System (which is the best
application, any subsequent registration procured by the presentation of a
evidence of ownership), title thereto is settled and unimpeachable after the
forged duplicate certificate of title, or a forged deed or other instrument, shall be
expiration of 1 year.
null and void.

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SECTION 32.Review of Decree of Registration; Innocent Purchaser for Value. Upon

the expiration of said period of one year, the decree of registration and the certificate
of title issued shall become incontrovertible. Any person aggrieved by such decree of
registration in any case may pursue his remedy by action for damages against the
applicant or any other persons responsible for the fraud.

SECTION 47.Registered Land Not Subject to Prescription. No title to registered land
in derogation of the title of the registered owner shall be acquired by prescription or
adverse possession

-
-
-
-

Section 55: The act of registration shall be the operative act to convey or affect the
land insofar as third persons are concerned, and in all cases under this Decree, the
registration shall be made in the office of the Register of Deeds for the province or
city where the land lies.

To prevent concealment no more fraudulent transactions
No person will later on claim that he is in possession of an earlier document
covering the same land because a genuine transaction would have been
registered in order to bind third persons.
Registration procured through FORGED deed/title is NULL /VOID [53]
PURPOSE : to provide some means of PUBLICITY; so any person may be able to
search the records; acquire security against transactions
Purchaser in good faith is protected

SECTION 32:
- Title the best proof of ownership of a piece of land
- Upon expiration of 1 year, the COT issued becomes INCONTROVERTIBLE
(meaning INDEFEASIBLE) which means it can NO LONGER BE CHALLENGED
- Title is INCONTESTABLE [How?]
- SC HELD: A partys declaration of tax documents (real estate tax receipts),
cadastral survey plan, CANNOT DEFEAT A CERTIFICATE OF TITLE of
Registered Owner
- COT absolute and indefeasible proof or evidence of ownership and cannot be
defeated by any other document asserting right, claim or ownership

SECTION 47
- No registered land may be acquired by prescription or adverse possession (Art.
712 CC)
- acquisitive ownership occurs when a person in possession of a piece of land, in
the concept of an owner, for a period prescribed by law, eventually [HIS
POSSESSION] RIPENS INTO OWNERSHIP: if good faith 10 years | bad faith
30 years
- HOWEVER, IF LAND IS REGISTERED, PERSON WILL NOT ACQUIRE SUCH LAND
[the title of the land is IMPRESCRIPTIBLE]

-

IV. TO ESTABLISH PRIORITY IN RIGHTS
SECTION 56.Primary Entry Book; Fees; Certified Copies. Each Register of Deeds shall
keep a primary entry book in which, upon payment of the entry fee, he shall enter, in the
order of their reception, all instruments including copies of writs and processes filed
with him relating to registered land. He shall, as a preliminary process in registration,
note in such book the date, hour and minute of reception of all instruments, in the order
in which they were received. They shall be regarded as registered from the time so
noted, and the memorandum of each instrument, when made on the certificate of title to
which it refers, shall bear the same date: Provided, that the national government as well
as the provincial and city governments shall be exempt from the payment of such fees in
advance in order to be entitled to entry and registration. (Property Registration Decree,
PRESIDENTIAL DECREE NO. 1529, [1978])

- Deeds, instruments, documents are evidences of voluntary and involuntary

transactions
VI: CREATES A SPECIE OF PUBLICATION/CONSTRUCTIVE NOTICE TO THIRD PERSONS
o Voluntary: DOAS, DOD | Involuntary: Levy on Exec, Attachment
SECTION 52.Constructive Notice Upon Registration. Every conveyance, mortgage,
- Seniority in right is determined by the DATE AND TIME OF REGISTRATION
lease, lien, attachment, order, judgment, instrument or entry affecting registered land
- Rights of preference/preferential rights are established
shall, if registered, filed or entered in the office of the Register of Deeds for the province
- Documents that are registered create a priority in rights because the registration
or city where the land to which it relates lies, be constructive notice to all persons from
of documents are done in order of reception;
the time of such registering, filing or entering.
- A favorable judgment is secured dependent on who registered ahead (PRIMUS

TEMPORE FORCIO INJURE first in time, stronger in right)
- TORRENS TITLE transcribed and entered into the Book of Registration of
- The satisfaction of claims is determined by registration of document
Titled Properties [which is a permanent public record]
- OPEN TO PUBLIC therefore becomes source of information
V: CREATE AN INDEFEASIBLE AND IMPRESCRIPTIBLE TITLE BINDING UPON THE
- What information in available?
WHOLE WORLD

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STATUS OF LAND - Name of owner, technical description of property such

Reason: a person inspecting public record will not find such record if registered under
as area, boundary, date and time of registration, when COT was issued
the wrong system, therefore the purpose of publication, is not achieved therefore the
o Condition of land claims and interests of third persons must be
doctrine of constructive notice will not apply (Sison & Sison v. Yap)
registered at COT such as mortgages, liens, levy to bind property

- Supposing A, who wants to buy land X, did not inspect?
LECTURE 2: JULY 16, 2015
o Because of the principle of CONSTRUCTIVE NOTICE, a person dealing with
registered land is PRESUMED to have examined the permanent record
HOW DOES A PERSON BECOME AN OWNER OF LAND IN PH?
and good faith/innocence is not a defense
BASIS/SOURCE OF OWNERSHIP
2 kinds of notice;
- land ownership/title emanates from the State [Regalian Doctrine]
1. actual notice where a person actually has knowledge or has inspected

records
HISTORICAL BACKGROUND OF REGALIAN DOCTRINE
2. constructive notice where a person is CHARGED with knowledge, PRESUMED
- In Sec. of DENR v. Yap, the SC said:
to know the facts and claims or liens, and therefore good faith
The Regalian Doctrine dictates that all lands of the public domain belong to the
is not an availale defense
State, that the State is the source of any asserted right to ownership of land and
- In Taada v. Tuvera- NOTICE AND PUBLICATION OF LAWS IN OFFICIAL GAZETTE
charged with the conservation of such patrimony. The doctrine has been
OR NEWSPAPER OF GEN CIRCULATION
consistently adopted under the 1935, 1973, and 1987 Constitutions.
o Laws in order to be BINDING must be PUBLISHED
All lands not otherwise appearing to be clearly within private ownership are
o Purpose of PUBLICATION NOTICE TO PUBLIC
presumed to belong to the State. Thus, all lands that have not been acquired from
o Purpose of NOTICE to BE INFORMED
the government, either by purchase or by grant, belong to the State as part of the
o Purpose of INFORMATION to have KNOWLEDGE
inalienable public domain. Necessarily, it is up to the State to determine if
-
lands of the public domain will be disposed of for private ownership. The
VII: MAINTAINS STABILITY OF LAND TITLE (Sec 93 102)
government, as the agent of the state, is possessed of the plenary power as the
- A registrant of good faith will not deprive him of land (assurance fund)
persona in law to determine who shall be the favored recipients of public lands, as
- COT has assured the transferee that he is FREE despite fraudulent transactions.
well as under what terms they may be granted such privilege, not excluding the
- Those deprived of registrations (if buyer is innocent/good faith) source of
placing of obstacles in the way of their exercise of what otherwise would be
compensation
ordinary acts of ownership.

Our present land law traces its roots to the Regalian Doctrine. Upon the Spanish
Other effects of registration:
conquest of the Philippines, ownership of all lands, territories and possessions in
REGISTRATION DOES NOT VEST TITLE TO LAND, but CONFIRMS OWNERSHIP OF LAND
the Philippines passed to the Spanish Crown. The Regalian doctrine was first
(art. 712 NCC)
introduced in the Philippines through the Laws of the Indies and the Royal
Sec. 29-30 Judgment of court confirms ownership of person entitled to registration
Cedulas, which laid the foundation that "all lands that were not acquired from the
REGISTRATION DOES NOT VALIDATE AN INVALID DOCUMENT nor CURES A
Government, either by purchase or by grant, belong to the public domain."
DEFECTIVE DOCUMENT

- registration through forged certificate null and void
CONSTITUTIONAL BASIS OF THE REGALIAN DOCTRINE
- registration of a deed of donation without acceptance void
- ART XII. SECTION 2. All lands of the public domain, waters, minerals, coal,

petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or
2 SYSTEMS OF REGISTRATION
timber, wildlife, flora and fauna, and other natural resources are owned by the
1. Registration Book for Titled Properties (for under Torrens)
State. With the exception of agricultural lands, all other natural resources shall not
2. Registration Book for Unregistered lands
be alienated. ||| (The 1987 Constitution, 1987 CONSTITUTION, [1987])


SC ruling -effect of registration under the wrong system: LEGALLY INEFFECTIVE
- GENERAL RULE [presumption]: all lands of public domain belong to the State.
- In order to overcome the presumption, the private person must prove that the
property is private. REGISTRATION only confirms, not vests title.
o

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1. GOVERNMENT GRANTS

- Commonwealth ACT 414 Public Land Act
- EXCEPTION [that Title must emanate from the State]:
o Through issuance of land patents [homesteads]
1. Possession of the land from time immemorial by claimant or any of his
- Govt gives public lands to qualified citizens which must hen be
predecessors
presented to RD for the basis of issuance of COT in favor of grantee.
Cario v. Insular Government [by J. AJ Holmes] and Cruz v. Sec.
o Sales patents
of Natural Resources [J. Kapunan]
Patents: form of governmental grants

Regalian Doctrine does not negate private title to land
2. ACQUISITIVE PRESCRIPTION
if land was owned by private person since time
- Acquisition of ownership by adverse possession
immemorial
- Adverse possession: a person who takes possession of a land in the concept of an
IPRA was held CONSTITUTIONAL
owner for a period prescribed by law consequently acquires title to land

- What kind of land? ONLY UNREGISTERED LAND! Why? Because registered lands
Oh Cho v. Director of Lands, G.R. No. 48321, [August 31, 1946] -
are IMPRESCRIPTIBLE such land can no longer be acquired by adverse
All lands that were not acquired from the Government, either by
possession.
purchase or by grant, belong to the public domain. An exception

to the rule would be any land that should have been in the
possession of an occupant and of his predecessors in interest since 3. ACCRETION
- Anything produced/attached/incorporated either natural or artificial
time immemorial, for such possession would justify the
- If you own the principal (the thing that produces), then you own the accessory
presumption that the land had never been part of the public
(fruits).
domain or that it had been a private property even before the
- What is the doctrine/law?
Spanish conquest.
o ARTICLE 440 NCC. The ownership of property gives the right by accession

to everything which is produced thereby, or which is incorporated or
2. Properties belonging to the CHURCH / Ecclesiastical Property.
attached thereto, either naturally or artificially.

- The right of accession is that which is given to the principal;
MODES OF AQCUIRING OWNERSHIP [ART. 712 NCC]
- Accression is the process of production, incorporation, or attachment of the
ARTICLE 712. Ownership is acquired by occupation and by intellectual creation.
thing to the principal.
Ownership and other real rights over property are acquired and transmitted by law, by
- EXAMPLES: alluvium, avulsion, formation of island, change of river courses,
donation, by testate and intestate succession, and in consequence of certain contracts,
abandoned river beds
by tradition. aisa dc
- Alluvium the accretion of land, soil, other materials, in addition to that which is
They may also be acquired by means of prescription.
already existing, adjoining the banks of the rivers.

o Who owns the increase of area in the land? The owner of the land to
- Occupation
- Intellectual Creation
which it attaches.
- Donation /Succession
- Delivery/Tradition
o If X owns 1000 sqm of land, registers it, and 5 years later, it becomes
- Prescription

1100 sqm. By alluvion, is the 100 sqm deemed registered? NO. Because

the technical description of the land in the Torrens title states only 1000
MODES OF ACQUIRING LAND TITLE
sqm.
1. Government Grant
o
What is X to do (remedy)? REGISTER the land (100sqm). Otherwise,
2. Adverse Possession/Acquisitive Prescription
others may register and X will be deprived of the land.
3. Accretion

4. Reclamation
4. RECLAMATION
5. Voluntary Transfer
- Method of filling submerged land b deliberate act and reclaiming title thereto.
6. Involuntary Alienation
7.

Succession

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-

In the Philippines, ONLY THE GOVERNMENT can assert ownership over

Authority over lands used by the AFP which are no
reclaimed lands. Why? Because all lands reclaimed from the sea belong to the
longer needed for public service, may be converted to
State by virtue of Art. 5 of RA 1866 and the Regalian Doctrine
PATRIMONIAL property of the State
Ra 1899 MUNICIPALITIES AND CHARTERED CITIES
o Ex. Fort Bonifacio in Taguig devoted to
o Granted authority to undertake, at their own expense, a reclamation
public service but it was declared no longer
project
needed for public service, hence was
o Reclaimed lands under this law become part of the property of the
subsequently converted to patrimonial
city/municipality that undertook the reclamation project
property and sold to private entities (capable
o EX. Cebu reclaimed an area, area belongs to or becomes property of
of private ownership)
Cebu, when developed, can be sold to private persons.

PD 1084 Public Estates Authority
5. VOLUNTARY TRANSFER
o PEA had the power to reclaim land, including foreshore lands and
- Common mode of transfer, which requires knowledge, consent, and voluntary
submerged areas to develop, include, improve, acquire, or sell land.
cooperation of owner.
o PEA undertook its first planned reclamation projects in Manila Bay
- How done? Through CONTRACTS and Agreements such as DOAS (evidence of
o Can PEA sell the lands they reclaimed?
absolute sale), Deed of Donation
ISSUES:
- Made by owner or duly authorized representative by:
o Delivery of land
STATUS of the submerged areas in Manila Bay
o Inalienable they form part of the natural
o Duly registered at the Register of Deeds transactions must be
resources of public domain (beyond the
registered to BIND THE LAND and affect third persons
commerce of man)

o When can it be subject to private ownership? 6. INVOLUNTARY ALIENATION
By reclamation filling the
- Does not require the consent and voluntary cooperation of the owner
submerged areas
- May even be against his will.
By reclassification where the state
- Ex. Expropriation, eschief, forfeiture proceedings, tax delinquency, court
must classify the land as alienable and
proceedings such as levies on attachment or execution sale
disposable lands of public domain
- Purpose: to have the property sold at public auction, and the proceeds of the
sale, which is involuntary alienation (meaning the owner cannot do anything
What is FORESHORE LAND?
about it), can satisfy the necessary delinquencies or liens (example nonpayment
o A strip of land that lies between the high and
of Real Estate Tax).
low watermark

o A portion of the beach that is wet and dry
7. SUCCESSION
o STATUS: ALWAYS inalienable, therefor, not
- Acquisition of land by virtue of inheritance
susceptible to private ownership
- Succession to the estate of the deceased owner
o Supposing foreshore land was reclaimed, the
- Known as TITLE BY DESCENT
new foreshore land is created (still
- Takes place at death of decedent:
INALIENABLE land of the public domain)
o Testate when there is a will validly executed
o 2 STEPS for a person to claim reclaimed lands:
o Intestate no will executed and an administrator is assigned
Reclassification as alienable and
o Mixed
disposable

Grant of the State or Alienation
Basic laws governing land :
PRIVATE CORPORATIONS can no longer acquire
lands of the public domain under the 1973 and 1987 PD 1529 [judicial and in rem] for voluntary transfer transactions as well as cadastral
proceedings
Constitution
CA 141 [as amended] for Judicial Confirmation of Title as governed by Sec. 48

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Torrens System brainchild of Richard Torrens, patterned fro the system of merchant
ships

CONVEYANCE OF UNREGISTERED SALE:
- Only binds:
o Contracting parties [and]
o Successors and heirs [as they are treated as the extension of the parties]
o Third persons with ACTUAL KNOWLEDGE of the transactions
SC Ruling: purpose of registration is accomplished since actual
knowledge is equivalent to registration, hence the third person
can not be considered in good faith if he attempts to intervene
with claims on the land

LAND REGISTRATION AUTHORITY
- MAIN FUNCTION: central repository
- Duties and responsibilities: Section 10 PD 1529
o Section 10. General functions of Registers of Deeds. The office of the
Register of Deeds constitutes a public repository of records of instruments
affecting registered or unregistered lands and chattel mortgages in the
province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an
instrument presented for registration dealing with real or personal
property which complies with all the requisites for registration. He shall
see to it that said instrument bears the proper documentary and science
stamps and that the same are properly canceled. If the instrument is not
registerable, he shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reason therefor,
and advising him of his right to appeal by consulta in accordance with
Section 117 of this Decree.
- Nature of function: MINISTERIAL ONLY (not discretionary which is a judicial
function)
- Questions as to the validity of the instrument should be brought up AFTER
REGISTRATION.
- EXCEPTIONS [when the Register of Deeds may deny registration]
1. In Property owned by co-ownership : all co-owners copy of the title must be
presented to the ROD
2. Voluntary Instrument bears on its face a property in conjugal but only
donated by one spouse
3. If the document is private (not notarized) because it does not comply with
the form prescribed by law [Sec. 112]

2 TYPES/MODES OF LAND REGISTRATION

I.
JUDICIAL PROCEEDINGS
II.
ADMINISTRATIVE REGISTRATION PROCEEDINGS

I. Judicial Proceedings
A. Judicial Proceedings for Completion of Incomplete or Imperfect Title

- PD 1529 and CA 141 as amended
B. Voluntary Land Registration Proceedings
C. Cadastral Proceedings
- IPRA [RA 8371] granting individual members of cultural minorities to register
individually owned [by predecessors and ancestors]
SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act 141,
as amended, or the Land Registration Act 496. Individual members of cultural
communities, with respect to their individually-owned ancestral lands who, by
themselves or through their predecessors-in-interest, have been in continuous
possession and occupation of the same in the concept of owner since time
immemorial or for a period of not less than thirty (30) years immediately
preceding the approval of this Act and uncontested by the members of the same
ICCs/IPs shall have the option to secure title to their ancestral lands under the
provisions of Commonwealth Act 141, as amended, or the Land Registration Act
496.
- option to secure title to ancestral land pursuant to Sec 48 [c] of CA 141 or Sec.
14 of PD 1529
CA 141 Sec. 48. The following-described citizens of the Philippines, occupying
lands of the public domain or claiming to own any such lands or an interest
therein, but whose titles have not been perfected or completed, may apply to the
Court of First Instance of the province where the land is located for confirmation
of their claims and the issuance of a certificate of title therefor under the Land
Registration Act, to wit:
(c) Members of the national cultural minorities who by themselves or
through their predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation of lands of the public
domain suitable to agriculture, whether disposable or not, under a bona fide
claim of ownership since June 12, 1945, shall be entitled to the rights granted
in subsection (b) hereof. (As amended by Rep. Act No. 1942 and by Rep. Act
No. 3872, and P.D. 1073.)
PD 1529 Section 14. Who may apply. The following persons may file in the
proper Court of First Instance an application for registration of title to land,
whether personally or through their duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and occupation
of alienable and disposable lands of the public domain under a bona fide
claim of ownership since June 12, 1945, or earlier.

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II. Administrative Registration Proceedings

Adoption cases
- for public lands related to government grants
In persona summons served to specific persons
- example:
Quasi in rem action directed to specific persons for purpose:

to subject a land to a lien such as enforcement of attachment,
1.Land Patents
etc.
Homestead

Sales Patent : Section 103. Certificates of title pursuant to patents. Whenever MODE BY WHICH LAND REGISTRATION COURTS ACQUIRE JURISDICTION-
public land is by the Government alienated, granted or conveyed to any person, PUBLICATION
Section 23. Notice of initial hearing, publication, etc. The court shall, within five days
the same shall be brought forthwith under the operation of this Decree. It shall
from filing of the application, issue an order setting the date and hour of the initial
be the duty of the official issuing the instrument of alienation, grant, patent or
hearing which shall not be earlier than forty-five days nor later than ninety days from
conveyance in behalf of the Government to cause such instrument to be filed
the date of the order.
with the Register of Deeds of the province or city where the land lies, and to be
The public shall be given notice of the initial hearing of the application for land
there registered like other deeds and conveyance, whereupon a certificate of
registration by means of (1) publication; (2) mailing; and (3) posting.
title shall be entered as in other cases of registered land, and an owner's
1. By publication.
duplicate issued to the grantee. The deed, grant, patent or instrument of
Upon receipt of the order of the court setting the time for initial hearing, the
conveyance from the Government to the grantee shall not take effect as a
Commissioner of Land Registration shall cause notice of initial hearing to be
conveyance or bind the land but shall operate only as a contract between the
published once in the Official Gazette and once in a newspaper of general
Government and the grantee and as evidence of authority to the Register of
circulation in the Philippines: Provided, however, that the publication in the
Deeds to make registration. It is the act of registration that shall be the
Official Gazette shall be sufficient to confer jurisdiction upon the court. Said notice
operative act to affect and convey the land, and in all cases under this Decree,
shall be addressed to all persons appearing to have an interest in the land involved
registration shall be made in the office of the Register of Deeds of the province
including the adjoining owners so far as known, and "to all whom it may concern".
or city where the land lies. The fees for registration shall be paid by the
Said notice shall also require all persons concerned to appear in court at a certain
grantee. After due registration and issuance of the certificate of title, such land
date and time to show cause why the prayer of said application shall not be
shall be deemed to be registered land to all intents and purposes under this
granted.
Decree.
2. By mailing.
o Once COT is issued to grantee, land is considered as registered
(a) Mailing of notice to persons named in the application. The Commissioner of
under Torrens Title.
Land Registration shall also, within seven days after publication of said notice in
o No need for judicial declaration
the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial

hearing to be mailed to every person named in the notice whose address is known.
NATURE OF JUDICIAL LAND REGISTRATION PROCEEDINGS
(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor
and the Mayor. If the applicant requests to have the line of a public way or road
- Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial
determined, the Commissioner of Land Registration shall cause a copy of said
proceedings for the registration of lands throughout the Philippines shall be
notice of initial hearing to be mailed to the Secretary of Public Highways, to the
in rem and shall be based on the generally accepted principles underlying
Provincial Governor, and to the Mayor of the municipality or city, as the case may
the Torrens system.
be, in which the land lies.
- Proceedings in rem where the court has jurisdiction over the res [thing];
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the
binding against the whole world
Director of Lands, the Director of Public Works, the Director of Forest
o Distinguished vs proceedings in persona; binding among parties only
Development, the Director of Mines and the Director of Fisheries and Aquatic
o Examples:
Resources. If the land borders on a river, navigable stream or shore, or on an arm
In rem requirement of PUBLICATION/NOTICE as to the initial
of the sea where a river or harbor line has been established, or on a lake, or if it
hearing [confers jurisdiction with the courts]
otherwise appears from the application or the proceedings that a tenant-farmer or
Land Registration Case or Application proceeded
the national government may have a claim adverse to that of the applicant, notice
against the whole world [hence caption In Re:]

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of the initial hearing shall be given in the same manner to the Secretary of
or land registration cases covering lots where there is no controversy or
Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines
opposition, or contested lots the where the value of which does not exceed One
and/or the Director of Fisheries and Aquatic Resources, as may be appropriate.
hundred thousand pesos (P100,000.00), such value to be ascertained by the
3. By posting.
affidavit of the claimant or by agreement of the respective claimants if there
The Commissioner of Land Registration shall also cause a duly attested copy of the
are more than one, or from the corresponding tax declaration of the real
notice of initial hearing to be posted by the sheriff of the province or city, as the case
property. Their decisions in these cases shall be appealable in the same
may be, or by his deputy, in a conspicuous place on each parcel of land included in the
manner as decisions of the Regional Trial Courts. (as amended by R.A. No.
application and also in a conspicuous place on the bulletin board of the municipal
7691)
building of the municipality or city in which the land or portion thereof is situated,
- Supreme Court (SC) Administrative Circular No. 6-93-A dated November 15,
fourteen days at least before the date of initial hearing.
1995 authorized 1st level courts to hear and decide cadastral and land
The court may also cause notice to be served to such other persons and in such manner
registration proceedings:
as it may deem proper.
o When there is no controversy

o Where the value of contested land is NOT MORE than Php 100,000

- Delegated jurisdiction of MCTC, MeTC, MTC,
Section 26. Order of default; effect. If no person appears and answers within the time
- Decisions promulgated are appealable to CA
allowed, the court shall, upon motion of the applicant, no reason to the contrary

appearing, order a default to be recorded and require the applicant to present
a. Judicial Confirmation of Incomplete or Imperfect Title
evidence. By the description in the notice "To all Whom It May Concern", all the world
- Nature: judicial in rem
are made parties defendant and shall be concluded by the default order.
- decision is conclusive and final against the whole world
Where an appearance has been entered and an answer filed, a default order shall be
- laws governing:
entered against persons who did not appear and answer.
- Sec. 48. The following-described citizens of the Philippines, occupying lands of the
o All the world made party defendant in a Land Registration Case,
public domain or claiming to own any such lands or an interest therein, but whose
titles have not been perfected or completed, may apply to the Court of First Instance
therefore, judgment rendered will bind all persons [not only with claims
of the province where the land is located for confirmation of their claims and the
but also to those unknown]; which means that such judgment is
issuance of a certificate of title therefor under the Land Registration Act, to wit:
conclusive against the whole world
(a) Those who prior to the transfer of sovereignty from Spain to the United States

have applied for the purchase, composition or other form of grant of lands of the
- RTC as Land Registration Courts enjoys plenary powers [power to determine
public domain under the laws and royal decrees then in force and have instituted
all questions or petitions where ownership of land is to be determined]
and prosecuted the proceedings in connection therewith, but have, with or
Why? Section 2 [2] Courts of First Instance shall have exclusive jurisdiction over all
without default upon their part, or for any other cause, not received title therefor,
applications for original registration of title to lands, including improvements and
if such applicants or grantees and their heirs have occupied and cultivated said
interests therein, and over all petitions filed after original registration of title, with
lands continuously since the filing of their applications. (Repealed by P.D.
power to hear and determine all questions arising upon such applications or
1073.)
petitions. The court through its clerk of court shall furnish the Land Registration
(b) Those who by themselves or through their predecessors-in-interest have been
Commission with two certified copies of all pleadings, exhibits, orders, and
in open, continuous, exclusive, and notorious possession and, occupation of
decisions filed or issued in applications or petitions for land registration, with the
agricultural lands of the public domain, under a bona fide claim of acquisition or
exception of stenographic notes, within five days from the filing or issuance
ownership, since June 12, 1945, immediately preceding the filing of the
thereof.
application for confirmation of title, except when prevented by war or force

majeure. Those shall be conclusively presumed to have performed all the
- Which court has jurisdiction of land subjected to a land registration case?
conditions essential to a government grant and shall be entitled to a certificate of
o Originally, RTC has exclusive jurisdiction. However, in Sec 34 of BP 129
title under the provisions of this chapter. (As amended by PD 1073.)
Section 34. Delegated jurisdiction in cadastral and land registration cases.
o
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
-
Requirements:

Courts may be assigned by the Supreme Court to hear and determine cadastral
o Citizen of PH

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-
-

o Occupying lands whose titles are not complete or imperfect

Where to file? RTC where land is located or MCTC/MTC/MeTC

LIMITATION: Sec. 47. The persons specified in the next following section are
hereby granted time, not to extend beyond December thirty-one, nineteen
hundred and eighty-seven within which to take advantage of the benefit of this
chapter: Provided, That this extension shall apply only where the area applied
for does not exceed 144 hectares: Provided, further, That the several periods of
time designated by the President in accordance with section forty-five of this Act
shall apply also to the lands comprised in the provisions of this chapter, but this
section shall not be construed as prohibiting any of said persons from acting
under this chapter at any time prior to the period fixed by the President. (As
amended by Rep. Act Nos. 107, 2061, 6236, PD 1073.
o EXTENDED : By RA 9176 as approved November 13, 2002 Deadline is
December 31, 2020 and only applies to area not more than 12 hectares
(reduced from 144 hectares)

a.

2.

WHO are qualified applicants?

1. Filipino citizens, who by themselves or thru predecessors-in-interest have been
Open, Continuous, Exclusive, Notorious possession and occupation of alienable
and disposable lands of public domain under claim of acquisition and ownership
since June 1945 or prior thereto
2. Private corporations/associations which have acquired land from the Fil. Citizen
in par 1.
3. Natural born citizens, who lost citizenship, who have acquired alienable and
disposable lands as are covered by par 1.

SEC. 48[B] CA 141 vs Sec. 14[1] PD 1529 bases for application

- Practically the same, only different as to the last phrase [prior thereto v. earlier]
CONDITIONS REQUIRED FOR APPLICANT TO REGISTER UNDER HIS NAME
1. Land as classified as alienable and disposable land of public domain
2. Applicant must be in possession and occupation of that alienable and disposable land,
for the length of time and conditions claimed
a. OCENO, since June 12, 1945 or prior thereto.
MATTERS THAT THE APPLICANT MUST PROVE [by presenting evidence]
1. Classification of the land as alienable and disposable land of the public domain
2. Possession and Occupation - OCENO since June 12, 1945
3. Identity of the land

SPECIFIC EVIDENCES REQUIRED
1. Classification of land as alienable and disposable

TYPE of evidence: DOCUMENTARY to show that the land is already

reclassified either by:
i. Presidents Proclamation
ii. Executive Order [issued by Secretaries under Pres]
iii. AO by the Secretary of DENR

Legislative Act/Statute [where reclaimed lands are owned by the State after
reclamation and need to be reclassified in order to be alienable and disposable]
matter of judicial notice; courts merely confirm reclassification, hence the need
to present evidence
Case illustration:
a. Sec. of DENR vs. Mayor Jose S. Yap [Boracay case] inalienable hence
non registrable
Boracay is an unclassified public forest land pursuant to Section
3(a) of PD No. 705. Being public forest, the claimed portions of the island
are inalienable and cannot be the subject of judicial confirmation of
imperfect title. It is only the executive department, not the courts, which
has authority to reclassify lands of the public domain into alienable and
disposable lands. There is a need for a positive government act in order to
release the lots for disposition.
The burden of proof in overcoming the presumption of State
ownership of the lands of the public domain is on the person applying for
registration (or claiming ownership), who must prove that the land
subject of the application is alienable or disposable.
To overcome this presumption, incontrovertible evidence must be
established that the land subject of the application (or claim) is alienable
or disposable.
There must still be a positive act declaring land of the public
domain as alienable and disposable. To prove that the land subject of an
application for registration is alienable, the applicant must establish the
existence of a positive act of the government such as a presidential
proclamation or an executive order; an administrative action;
investigation reports of Bureau of Lands investigators; and a legislative
act or a statute.
The applicant may also secure a certification from the
government that the land claimed to have been possessed for the required
number of years is alienable and disposable

b. Director of Lands v. Joson
Belatedly realizing her failure to prove the alienable and disposable
classification of the land, the petitioner attached as Annex A to her
appellees brief35 the certification dated March 8, 2000 issued by the
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Department of Environment and Natural ResourcesCommunity

Environment and Natural Resources Office (DENR-CENRO)
Consequently, Doldol could not have acquired an imperfect title to the disputed lot

since his occupation of the same started only in 1959, much later than June 12, 1945.
c. RP vs. Castuera January 2015
Not having complied with the conditions set by law, Doldol cannot be said to have

acquired a right to the land in question as to segregate the same from the public
The advance plan and the CENRO certification are insufficient proofs of
domain. Doldol cannot, therefore, assert a right superior to the school, given that
the alienable and disposable character of the property. The Spouses
then President Corazon Aquino had reserved the lot for Opol National School.
Castuera, as applicants for registration of title, must present a certified
true copy of the Department of Environment and Natural Resources
Possession/occupation [defined in Dir. Of Lands vs. IAC]
Secretarys declaration or classification of the land as alienable and
It must be underscored that the law speaks of "possession and occupation." Since these
disposable. In Republic of the Philippines v. Heirs of Juan Fabio, citing
words are separated by the conjunction and, the clear intention of the law is not to make
Republic v. T.A.N. Properties, Inc., the Court held that:
one synonymous with the order. Possession is broader than occupation because it

includes constructive possession. When, therefore, the law adds the word occupation, it
In Republic v. T.A.N. Properties, Inc., we ruled that it is not enough for the
seeks to delimit the all-encompassing effect of constructive possession. Taken together
Provincial Environment and Natural Resources Office (PENRO) or CENRO with the words open, continuous, exclusive and notorious, the word occupation serves to
to certify that a land is alienable and disposable. The applicant for land
highlight the fact that for one to qualify under paragraph (b) of the aforesaid section, his
registration must prove that the DENR Secretary had approved the land
possession of the land must not be mere fiction. must not be CONSTRUCTIVE, BUT
classification and released the land of the public domain as alienable and ACTUAL POSSESSION
disposable, and that the land subject of the application for registration

falls within the approved area per verification through survey by the
What about OCENO?
PENRO or CENRO. In addition, the applicant must present a copy of the
Possession is open when it is patent, visible, apparent, notorious and not clandestine. It is
original classification of the land into alienable and disposable, as
continuous when uninterrupted, unbroken and not intermittent or occasional; exclusive
declared by the DENR Secretary, or as proclaimed by the President. Such
when the adverse possessor can show exclusive dominion over the land and an
copy of the DENR Secretarys declaration or the Presidents proclamation appropriation of it to his own use and benefit; and notorious when it is so conspicuous
must be certified as a true copy by the legal custodian of such official
that it is generally known and talked of by the public or the people in the neighborhood.
record. These facts must be established to prove that the land is alienable
and disposable.
Bonafide claim of ownership - The possession must not be that of a lessee, tenant, or

agent BUT as owner.
PROOF OF IDENTITY OF THE LAND [proven by the following evidence]

> how? By tax declaration and payment of real estate taxes [receipts]
1. Duly approved survey plan by the Director of Bureau of Lands (now Land

Management Bureau]
Should the land be classified as alienable and disposable SINCE June 12, 1945 for an
2. Technical Description of the Land [that appears in Decree of Registration and
applicant to qualify in Judicial Confirmation of Incomplete and Imperfect Title?
Certificate of title that serves as identity of land]
Malabanan vs. Republic
3. Tax declarations/tax receipts
Alienable public land held by a possessor, either personally or through his predecessors-

in-interest, openly, continuously and exclusively during the prescribed statutory period
EVIDENCE OF POSSESSION AND OCCUPATION OF THE LAND
is converted to private property by the mere lapse or completion of the period. In fact, by
a. Length of Time must be possessed and occupied on June 12, 1945 or earlier
virtue of this doctrine, corporations may now acquire lands of the public domain for as
CASE: Republic vs. Doldol
long as the lands were already converted to private ownership, by operation of law, as a
The parties, however, stipulated during the pre-trial hearing that Doldol had been
result of satisfying the requisite period of possession prescribed by the Public Land Act.
occupying the portion reserved for the school site only since 1959. The law, as
It is for this reason that the property subject of the application of Malabanan need not
presently phrased, requires that possession of lands of the pubic domain must be
be classified as alienable and disposable agricultural land of the public domain for the
from June 12, 1945 or earlier, for the same to be acquired through judicial
entire duration of the requisite period of possession.
confirmation of imperfect title.

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To be clear, then, the requirement that the land should have been classified as alienable
and disposable agricultural land at the time of the application for registration is
necessary only to dispute the presumption that the land is inalienable.

their disposition, exploitation, development, or utilization shall be limited to

citizens of the Philippines, or to corporations or associations at least sixty per
centum of the capital of which is owned by such citizens, subject to any existing
right, grant, lease, or concession at the time of the inauguration of the Government
established under this Constitution. Natural resources, with the exception of public
agricultural land, shall not be alienated, and no license, concession, or lease for the
exploitation, development, or utilization of any of the natural resources shall be
granted for a period exceeding twenty-five years, renewable for another twenty-
five years, except as to water rights for irrigation, water supply fisheries, or
industrial uses other than the development of water power, in which cases
beneficial use may be the measure and the limit of the grant. (Article XII,
Constitution of the Phil.).
WHEN PRIVATE CORPORATIONS ARE QUALIFIED?
a. When they acquired land from Filipino Citizens who complied with
conditions
b. When they acquired land during the 1935 Constitution and did not
register the same, under the doctrine of VESTED RIGHT.
a. Basis of doctrine of vested right DUE PROCESS in the
Constitution,
b. OTHERWISE, THERE IS DEPRIVATION OF PROPERTY THAT
IS IN VIOLATION OF DUE PROCESS

EFFECT OF COMPLIANCE WITH CONDITIONS
[classification + possession and occupation]
Director of Land Management vs. Court of appeals

As an applicant possessor who has complied with all the necessary requirements
for the grant by the government under the Public Land Act through actual possession,
openly, continuously, and publicly, private respondent through his predecessor-in-
interest is deemed to have already acquired by operation of law not only a right to a
grant but the grant itself of the government for it is not necessary that a certificate of
title be issued in order that said grant may be sanctioned by courts an application
-
therefore being sufficient under the law.

The mandate of the law itself is that the possessors "shall be conclusively presumed to
have performed all the conditions essential to a Government grant and shall be entitled
to a certificate of title" and by legal fiction, the land ceases to be public and thus
becomes private land.

BASIS: last sentence of Sec. 48[b] Those shall be conclusively presumed to have
performed all the conditions essential to a government grant and shall be entitled to a

certificate of title under the provisions of this chapter
HOW ARE PUBLIC LANDS DISPOSED OF?

Malabanan vs. Republic
That is why PRIVATE CORPORATIONS or ASSOCIATIONS MAY BE QUALIFIED to
Disposition of alienable public lands
apply for Judicial Confirmation of Incomplete and Imperfect Title MAY ACQUIRE
Section 11 of the Public Land Act (CA No. 141) provides the manner by which
lands of the public domain from Filipino Citizens who complied with conditions
alienable and disposable lands of the public domain, i.e., agricultural lands, can be
prescribed for in Sec 48[b] [allowed by 1935 Constitution - up to 1024 hectares but
disposed of, to wit:
not under 1987 Constitution except by liens]
Section 11. Public lands suitable for agricultural purposes can be disposed of only as

follows, and not otherwise:
What is determinative of the issue on the qualification of Private Corporations or
(1) For homestead settlement;
Association to apply for Judicial Confirmation IS THE CHARACTER OF THE LAND
(2) By sale;
WHETHER THE LAND IS PRIVATE LAND BY THE TIME THE PROCEEDINGS
(3) By lease; and
COMMENCED
(4) By confirmation of imperfect or incomplete titles;
- if the land is already classified as PRIVATE LAND, then the constitutional
(a) By judicial legalization; or
prohibition [SEC. 5. Save in cases of hereditary succession, no private agricultural
(b) By administrative legalization (free patent). -- discontinued
land shall be transferred or assigned except to individuals, corporations, or

associations qualified to acquire or hold lands of the public domain in the
To sum up, we now observe the following rules relative to the disposition of public land
Philippines. (Art. XII, Constitution of the Phil.)] DOES NOT APPLY.
or lands of the public domain, namely:

(1) As a general rule and pursuant to the Regalian Doctrine, all lands of the public
- SECTION 1. All agricultural, timber, and mineral lands of the public domain,
domain belong to the State and are inalienable. Lands that are not clearly under private
waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
ownership are also presumed to belong to the State and, therefore, may not be alienated
energy, and other natural resources of the Philippines belong to the State, and
or disposed;

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(2) The following are excepted from the general rule, to wit:
WHO MAY APPLY?
(a) Agricultural lands of the public domain are rendered alienable and disposable
Section 14. Who may apply. The following persons may file in the proper Court of First
through any of the exclusive modes enumerated under Section 11 of the Public Land
Instance an application for registration of title to land, whether personally or through
Act. If the mode is judicial confirmation of imperfect title under Section 48(b) of the
their duly authorized representatives:
Public Land Act, the agricultural land subject of the application needs only to be
(1) Those who by themselves or through their predecessors-in-interest have been in open,
classified as alienable and disposable as of the time of the application, provided the
continuous, exclusive and notorious possession and occupation of alienable and
applicants possession and occupation of the land dated back to June 12, 1945, or
disposable lands of the public domain under a bona fide claim of ownership since June 12,
earlier. Thereby, a conclusive presumption that the applicant has performed all the
1945, or earlier.
conditions essential to a government grant arises, and the applicant becomes the
(2) Those who have acquired ownership of private lands by prescription under the
owner of the land by virtue of an imperfect or incomplete title. By legal fiction, the land provision of existing laws.
has already ceased to be part of the public domain and has become private property.
(3) Those who have acquired ownership of private lands or abandoned river beds by
(b) Lands of the public domain subsequently classified or declared as no longer
right of accession or accretion under the existing laws.
intended for public use or for the development of national wealth are removed from the (4) Those who have acquired ownership of land in any other manner provided for by law.
sphere of public dominion and are considered converted into patrimonial lands or
Where the land is owned in common, all the co-owners shall file the application jointly.
lands of private ownership that may be alienated or disposed through any of the modes Where the land has been sold under pacto de retro, the vendor a retro may file an
of acquiring ownership under the Civil Code. If the mode of acquisition is prescription,
application for the original registration of the land, provided, however, that should the
whether ordinary or extraordinary, proof that the land has been already converted to
period for redemption expire during the pendency of the registration proceedings and
private ownership prior to the requisite acquisitive prescriptive period is a condition
ownership to the property consolidated in the vendee a retro, the latter shall be
sine qua non in observance of the law (Article 1113, Civil Code) that property of the
substituted for the applicant and may continue the proceedings.
State not patrimonial in character shall not be the object of prescription.
A trustee on behalf of his principal may apply for original registration of any land held in

trust by him, unless prohibited by the instrument creating the trust.
STEPS IN REGISTRATION PROCEEDINGS

1. Survey of the land by the Land Management Bureau surveyor or by duly licensed
-
private surveyor
a.
2. Filing of the application or petition for registration by applicant [SEC. 15]
b.
3. Setting of the date of the initial hearing by the Court [SEC 23(1)]
o
4. Transmittal of the application and the court order to the LRA administration
-
5. Publication of notice of initial hearing by OG or NGC at least once [SEC 23(2)]
6. Service of notice of initial hearing to contiguous owners, occupants, and those who
have interest
7. Filing of the answer or opposition to the application [SEC. 25]
8. Hearing of the case (application) by the Court[SEC 27]
9. Promulgation of judgment by the Court- [SEC 29-30]
10. Judgment should become final and executor
11. Transmittal of the copy of the judgment and court order directing the LRA to issue a
decree of registration together with the entry of judgment-
12. Clerk of court is the one who transmits
13. Entry of the decree of registration
14. Issuance by the LRA of the corresponding OCT
15. Sending of copy of decree of registration and OCT to the corresponding Register of
Deeds by the LRA administrator [SEC 31]
16. Transcription of decree of registration by RoD and issuance of the owners duplicate
OCT to the registered owner upon payment of the prescribed fees [SEC 39]

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