You are on page 1of 6

QUIZ #10 | Land titles and deeds

CASTILLEJO VALDEZ

PART I
1.)
The motion of Nestor to dismiss the complaint for annulment of
O.C.T. No. 375 and T.C.T. No. 4576 should be denied for the following
reasons:
1) Eddie cannot claim protection as an innocent purchaser for
value nor can he interpose the defense of indefeasibility of his title,
because his TCT is rooted on a void title. Under Section 91 of CA No.
141, as amended, otherwise known as the Public Land Act, statements
of material facts in the applications for public land must be under oath.
Section 91 of the same act provides that such statements shall be
considered as essential conditions and parts of the concession, title, or
permit issued, any false statement therein, or omission of facts shall
ipso facto produce the cancellation of the concession. The patent
issued to Nestor in this case is void ab initio not only because it was
obtained by fraud but also because it covers 30 hectares which is far
beyond the maximum of 24 hectares provided by the free patent law.
2) The government can seek annulment of the original and
transfer certificates of title and the reversion of the land to the state.
Eddie's defense is untenable. The protection afforded by the Torrens
System to an innocent purchaser for value can be availed of only if the
land has been titled thru judicial proceedings where the issue of fraud
becomes academic after the lapse of one (1) year from the issuance of
the decree of registration. In public land grants, the action of the
government to annul a title fraudulently obtained does not prescribe
such action and will not be barred by the transfer of the title to an
innocent purchaser for value.

2.)
The sale of the land by A to B 3 years after issuance of the
homestead patent, being in violation of Section 118 of the Public Land

QUIZ #10 | Land titles and deeds

CASTILLEJO VALDEZ

Act, is void from its inception. The action filed by the heirs of A to
declare the nullity or inexistence of the contract and to recover the
land should be given due course.
The law clearly provides that lands which have been acquired
under free patent or homestead shall not be encumbered or alienated
within five years from the date of issuance of the patent or be liable for
the satisfaction of any debt contracted prior to the expiration of the
period.
3.)

Patent

Who may apply

Limitations

Purp
ose/
Nat
ure
of
the
pate
nt

Homestea
d patent

Any citizen of the


Philippines over
the age of 18
years, or the head
of a family

Should not own more than


twenty-four hectares of
land in the Philippines or
has not had the benefit of
any gratuitous allotment of
more than twenty-four
hectares of land since the
occupation of the
Philippines by the United
States, may enter a
homestead of not
exceeding twenty-four
hectares of agricultural
land of the public domain.

For
cons
ervat
ion
of a
famil
y
hom
e.

Effect
of
land
erron
eousl
y on
includ
ed in
the
paten
t.
Void
It
must
be
return
ed to
the
state.

Prohibition
on alienation

Lands
acquired shall
not be
encumbered
or alienated
within 5years
from and after
the date of
issuance of
the patent or
grant or be
liable for the
satisfaction of
any debt
contracted
prior to the
expiration of
the period.

QUIZ #10 | Land titles and deeds

Free
Patent

Sales
Patent

CASTILLEJO VALDEZ

Any Filipino
citizen who is an
actual occupant
of a residential
land may apply
for a Free Patent

That in highly urbanized


cities, the land should not
exceed two hundred (200)
square meters; in other
cities, it should not exceed
five hundred (500) square
meters; in first class and
second class
municipalities, it should
not exceed seven hundred
fifty (750) square meters;
and in all other
municipalities, it should
not exceed one thousand
(1,000) square
meters; Provided,
further, That the land
applied for is not needed
for public service and/or
public use.

Any citizen of
lawful age of the
Philippines, and
any such citizen
not of lawful age
who is a head of a
family, and any
corporation or
association of
which at least
sixty per centum
of the capital
stock or of any
interest in said
capital stock
belongs wholly to
citizens of the
Philippines, and
which is
organized and
constituted under
the laws of
Philippines, and
corporate bodies
organized in the
Philippines
authorized under

Should not exceed one


hundred and forty-four
hectares in the case of an
individual and one
thousand and twenty-four
hectares in that of a
corporation or association,
by proceeding as
prescribed in this chapter:
Provided, That
partnerships shall be
entitled to purchase not to
exceed one hundred and
forty-four hectares for
each member thereof. but
the total area so
purchased shall in no case
exceed the one thousand
and twenty-four hectares
authorized in this section
for associations and
corporations.

For
cons
ervat
ion
of a
famil
y
hom
e.

Void
It
must
be
return
ed to
the
state.

Lands
acquired shall
not be
encumbered
or alienated
within 5years
from and after
the date of
issuance of
the patent or
grant or be
liable for the
satisfaction of
any debt
contracted
prior to the
expiration of
the period.

For
impr
ove
ment
of a
perm
anen
t
char
acter
.

Void
It
must
be
return
ed to
the
state.

No prohibition

QUIZ #10 | Land titles and deeds

CASTILLEJO VALDEZ

their charters to
do so.

Emancipat
ion
Patent

Tenant-Farmer

No title to the land owned


by the tenant-farmers shall
be actually issued to a
tenant-farmer unless and
until the tenant-farmer has
become a full-fledged
member of a duly
recognized farmer's
cooperative;

Special
Patent

It is not upon
application but
upon
recommendation
of the Secretary
of agriculture, the
President, may by
proclamation,
designate any
tract or tracts of
the public domain
for the exclusive
use of the nonChristian Filipinos.

A tract of land not to


exceed four hectares for
each male member over
eighteen years of age or
the head of a family.

To im
prov
e the
quali
ty of
lives
of
farm
work
ers
or
tena
nts
throu
gh gr
eater
prod
uctiv
ity of
agric
ultur
al
land
s.
For
educ
ation
al,
chari
table
or
other
simil
ar
purp
oses.

Void
It
must
be
return
ed to
the
state.

It is not
transferable
except by
hereditary
succession or
to the
Government

VoidIt
must
be
return
ed to
the
state.

The land so
granted shall
in no case be
encumbered
or alienated,
except when
the public
service
requires their
being leased
or exchanged,
with the
approval of
the President,
for other lands
belonging to
private
parties, or if

QUIZ #10 | Land titles and deeds

CASTILLEJO VALDEZ

the National
Assembly
disposes
otherwise.

4.)
QUALIFICATION: Any Filipino citizen who is an actual occupant of a
residential land may apply for a Free Patent Title under this Act:
LIMITATIONS: That in highly urbanized cities, the land should not exceed
200 square meters; in other cities, it should not exceed 500 square meters;
in first class and second class municipalities, it should not exceed 750
square meters; and in all other municipalities, it should not exceed 1,000
square meters.
CONDITIONS: The land applied for is not needed for public service and/or
public use.
COVERAGE: This Act shall cover all lands that are zoned as residential
areas, including town sites as defined under the Public Land Act, zoned
residential areas located inside a delisted military reservation or abandoned
military camp, and those of local government units.
PROCEDURE: The application on the land applied for shall be supported by
a map based on an actual survey conducted by geodetic engineer and
approved by the DENR and a technical description of the land together with
affidavit of two disinterested persons who are residing in the barangay of
the city or municipality where the land is located, attesting that the
applicant thereof has, either by himself or through his predecessor-ininterest, actually resided on and continuously possessed and occupied,
under a bona fide claim of acquisition of ownership, the land applied for at
least 10 years and has complied with the requirements prescribed in Section
1 hereof.
PERIOD FOR APPLICATION: All applications shall be filed immediately
after the effectivity of this Act before the Community Environment and
Natural Resources Office (CENRO) of the DENR. The CENRO must process
the application within 120 days and forward this recommendation to
Provincial Environment and Natural Resources Office (PENRO), who shall

QUIZ #10 | Land titles and deeds

CASTILLEJO VALDEZ

have 5 days to approve or disapprove the patent. In case of approval,


patent shall be issued; in case of conflicting claims among different
claimants, the parties may seek the proper judicial remedies.

5.)
The Solicitor General is correct. The authority of the City of Cavite
under RA 1899 to reclaim land is limited to foreshore lands. The Act did
not authorize it to reclaim land from the sea. "The reclamation being
unauthorized, the City of Cavite did not acquire ownership over the
reclaimed land. Not being the owner, it could not have conveyed any
portion thereof to the contractor. Therefore, the agreements are null
and void for being ultra vires, and contrary to Rep. Act 1899.

PART II
1. TRUE
2. TRUE
3. TRUE
4. FALSE
5. TRUE
6. FALSE
7. TRUE
8. TRUE
9. FALSE
10. FALSE