LTD Lecture Notes

CKA, 2017
1

OTHER PRINCIPLES OF REGISTRATION  “That private land ownership emanates from the state;”
1. Registration does not vest title but merely vests confirmation (because state is owner of all)
 One does not own a proper just because he registers it  Regal doctrine > Regalian doctrine = Jura Regalia
under his name  This doctrine was accepted in the constitution
 Claim ––– court confirms
2. Registration does not validate an invalid document or cure its
legal defects Article 12, Sec. 2. All lands of the public domain, waters,
 Examples: minerals, coal, petroleum, and other mineral oils, all forces of
i. Where the signature of the seller was forged: tantamount potential energy, fisheries, forests or timber, wildlife, flora and
to no consent and therefore contract is void. Registration fauna, and other natural resources are owned by the State. With
does not affect its status (void) the exception of agricultural lands, all other natural resources
ii. In a deed of donation where there was no acceptance, this shall not be alienated. The exploration, development, and
is also void. A subsequent registration would not validate utilization of natural resources shall be under the full control and
an invalid document. supervision of the State. The State may directly undertake such
3. Registration is not a mode of acquiring ownership activities, or it may enter into co-production, joint venture, or
Article 712, NCC. Ownership is acquired by occupation and production-sharing agreements with Filipino citizens, or
by intellectual creation. corporations or associations at least sixty per centum of whose
Ownership and other real rights over property are capital is owned by such citizens. Such agreements may be for
acquired and transmitted by law, by donation, by estate and a period not exceeding twenty-five years, renewable for not
intestate succession, and in consequence of certain more than twenty-five years, and under such terms and
contracts, by tradition. conditions as may be provided by law. In cases of water rights
They may also be acquired by means of prescription. for irrigation, water supply fisheries, or industrial uses other than
 How many books are maintained by the Register of Deeds? the development of water power, beneficial use may be the
ANS: 2 Books –– 2 systems of registration (Torrens System measure and limit of the grant.
and the Registration on Unregistered Lands) The State shall protect the nation’s marine wealth in its
 If a registration is accomplished under a wrong system, the archipelagic waters, territorial sea, and exclusive economic
document is legally ineffective and does not bind property zone, and reserve its use and enjoyment exclusively to Filipino
citizens.
 Example: Buyer registers land under the registered lands
The Congress may, by law, allow small-scale utilization of
while an attachment was made on the unregistered lands.
natural resources by Filipino citizens, as well as cooperative fish
Attachment made was under a wrong system hence,
farming, with priority to subsistence fishermen and fish workers
ineffective.
in rivers, lakes, bays, and lagoons.
 Read cases re: constitutionality of registration laws (does
The President may enter into agreements with foreign-
not violate due process and equal protection of the law)
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
AN:
utilization of minerals, petroleum, and other mineral oils
Registration is not a mode of Acquiring Ownership
according to the general terms and conditions provided by law,
• Does not create or vest title; merely a procedure to establish
based on real contributions to the economic growth and general
evidence of title over realty; confirming the fact of the
welfare of the country. In such agreements, the State shall
existence with notice to the world at large
promote the development and use of local scientific and
• Not a source of right but merely confirms or records a title
technical resources.
already existing and vested –– mere possession does not
The President shall notify the Congress of every contract
make one the owner
entered into in accordance with this provision, within thirty days
from its execution.
“Title” “Certificate of Title”
Generally, defined as the lawful Mere evidence of ownership; it AN:
cause or ground of possessing is not the title to the land itself Regalian Doctrine –– declares that all lands and all other natural
that which is ours; foundation of resources are owned by the sate
ownership of property, real or
 All lands of whatever classification and other natural resources
personal –– which constitutes a
not otherwise appearing to be clearly within private ownership
just cause of exclusive
belong to the state (State as source of any asserted right to
possession, or which is the
ownership of land and charged with the conservation of
foundation of ownership of
patrimony)
property
 Unless alienated in accord with law, it retains its basic right over
the same as “dominus”
OBJECT OF REGISTRATION
 Public lands not shown to have been reclassified or released as
1. Immovable or real property
alienable agricultural land or alienated to a private person by
2. Real rights
the state remain part of the alienable public domain
REGALIAN DOCTRINE
Jura Regalia
 King of Spain proclaimed ownership over all lands • Under this, private title to land must be traced to some grant,
 Modes of acquiring lands were from government through a express or implied, from the Spanish crown or its successors,
grant or purchase: American colonial government and thereafter the RP
a. Royal title (Titulo royal) • Broad sense: “jura regalia” refers to royal rights or those which
b. Special Grant the king (original proprietor of lands) has by virtue of his
c. Adjustment Title prerogatives –– right which sovereign has over anything in
d. Title by Purchase which a subject has a right of property or “propriedad”
e. Information Possessory Title (Informacion • Nothing more than a natural fruit of conquest
Possesoria) • Simply means state is the original proprietor of all lands and as

such is the general source of all private titles –– all claims
therefore must be traced from some grant
Doctrine Reflected in the Fundamental Law
 1935 and 1973 Constitutions embodies the principle of State
ownership of all lands and natural resources in Sec 2 of Article
XII on National Economy and Patrimony
 1935 Constitution embodies principle of state ownership and
adoption of Regalian doctrine Sec 1 of Article XII on
Conservation and Utilization of Natural Resources
 The present constitution provides that except for agricultural
lands of the public domain which alone may be alienated,
forest or timber and mineral lands as well as natural resources
must remain with the state. exploration, development and
utilization shall be subject to full control and supervision of the
state.
Secretary of DENR vs. Mayor Yap:
 Involved land in Boracay
 Occupants applied for judicial confirmation –– filed for
registration after being in possession for 30 years
 Remember that one of the requisites for land to be
registrable is that it be alienable and disposable land
(only agricultural lands)
 However, DENR classified such to be forest or
timberlands therefore, inalienable = not susceptible to
private ownership
 For as longs as land is classified as such, remains such
 Change of appearance/structure is immaterial
 Occupants need positive act from government:
Reclassifying land as alienable and disposable land
SC expanded Regalian Doctrine and dictated that:
1. All lands of public domain belong to the state
2. That state is the source of ascertained right and charged
with its conservation
3. All lands not appearing to be clearly with private
ownership are presumed to belong to the state
4. All lands not acquired from the state as part of
inalienable public
“You cannot give what you do not have.”
QUERY: How can one prove that he acquired land from state?
ANS: present a document of purchase or grant
Cruz vs. Secretary of DENR
 Questions constitutionality of IPRA (RA 8371)
 Decision was split evenly; constitutionality in effect was
upheld.
ANCESTRAL LANDS
 In the possession of indigenous people since time immemorial
 According to Justice Capunan:
o Title is native title
o Accordingly, Regalian Doctrine did not negate native
tiltle held in private ownership since time immemorial
o Basis:
1. Carino vs. Insular Government
 An Igorot named Mateo registered his land
and was able to establish that he and his
ancestors lived as far as he could remember
 Possession, occupation and cultivation was
proven (more than 50 years)
 However, there was no document from state
proving such
 Therefore, government invoked Regalian
Doctrine and dismissed by Philippine SC
 Appealed to US SC penned by Justice
Holmes –– Whatever the law upon these
points may be, and we mean to go no further
LTD Lecture Notes
CKA, 2017
2
than the necessities of decision demand,
every presumption is and ought to be against
the government in a case like the present. It
might, perhaps, be proper and sufficient to
say that when, as far back as testimony or
memory goes, the land has been held by
individuals under a claim of private
ownership, it will be presumed to have
been held in the same way from before the
Spanish conquest, and never to have been
public land. Certainly, in a case like this, if
there is doubt or ambiguity in the Spanish law,
we ought to give the applicant the benefit of
the doubt. Whether justice to the natives and
the import of the organic act ought not to carry
us beyond a subtle examination of ancient
texts, or perhaps even beyond the attitude of
Spanish law, humane though it was, it is
unnecessary to decide. If, in a tacit way, it was
assumed that the wild tribes of the Philippines
were to be dealt with as the power and
inclination of the conqueror might dictate,
Congress has not yet sanctioned the same
course as the proper one "for the benefit of
the inhabitants thereof."
2. Oh Cho vs. Director of Lands
 General Rule: Regalian Doctrine –– all lands
are owned by the state
 Exceptions:
 Any land that should have been in
possession since time immemorial for
such would justify the presumption that
the land had never been part of the public
domain or was already private property
even before the Spanish conquest
 Church property or ecclesiastical property
–– king of Spain decided that he was not
the owner of church property; this was
even applied in Treaty of Paris when
churches were not included
 Facts:
 Oh Cho, a Chinese citizen, purchased
from the Lagdameos a parcel of land in
Tayabas, which they openly,
continuously and adversely possessed
since 1880. On January 17, 1940, Oh
Cho applied for registration of this land.
OSG opposed on the ground that Oh Cho
lacked title to said land and also because
he was an alien.
 Oh Cho failed to show that he has title to
the lot, which may be confirmed under the
Land Registration Act.
 The applicant does not come under the
exception, for the earliest possession of
the lot by his first predecessor in interest
began in 1880.
AN:
Regalian Doctrine does not Negate “Native Title”
As far back as testimony or memory goes, the land has
been held by individuals under a claim of private ownership, it will
be presumed to have been held in the same way from before the
Spanish conquest, and never to have been public land. (Carino vs.
Insular Government)
Republic vs. Tesura
 LTD Lecture Notes
CKA, 2017
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 If a person’s claim does not fall within the exceptions he and his predecessors-in-interest had been in open,
then land is considered public which belongs to the state notorious, and continuous adverse and peaceful
under the Regalian Doctrine possession of the land for more than thirty (30) years.
 How can one overcome the presumption that a land is  Presented a Certification issued by the CENRO-DENR,
public? ANS: Present proof that land is private property which stated that the subject property was verified to be
by conversion of land as alienable and disposable and within the Alienable or Disposable lands
already alienated by state to a private person.  Application approved by RTC however CA ruled that he
failed to prove that the property belonged to the alienable
HOW TO ACQUIRE OWNERSHIP and disposable land of the public domain
 Prove modes of acquiring ownership (Art. 712, NCC)  There is no substantive evidence to establish that
1. Occupation Malabanan or petitioners as his predecessors-in-interest
2. Donation/Succession have been in possession of the property since 12 June
3. Tradition or Delivery 1945 or earlier. The earliest that petitioners can date back
a. Actual their possession, according to Tax Declarations was the
b. Constructive year 1948. Thus, they cannot avail themselves of
4. Prescription registration under Section 14(1) of the Property
 Intellectual creation –– not applicable in real property Registration Decree. Neither can petitioners properly
invoke Section 14(2) as basis for registration. While the
OTHER MODES subject property was declared as alienable or disposable
1. Government Grant in 1982, there is no competent evidence that is no longer
2. Prescription intended for public use service or for the development of
3. Accretion/Accession the national evidence, conformably with Article 422 of the
4. Reclamation Civil Code.
5. Voluntary Transfer
6. Involuntary Alienation RIGHT OF ACCESSION
 Process by which a thing produces something or becomes
GOVERNMENT GRANT part of another or attached to the principal thing
 Under RD, general rule Article 440, NCC. The ownership of property gives the right by
 Object: Public land accession to everything which is produced thereby, or which is
 Whenever conveyed, there is some form of grant which can incorporated or attached thereto, either naturally or artificially.
either be express or implied Examples of accession for Real property:
 Must emanate from some source 1. Alluvium
 CA 141. Public Land Act 2. Avulsion
 Basis of government grant 3. Formation of island
 How can one acquire? (to qualified Filipino citizens) 4. Change of river course
1. Must be qualified 5. Abandonment of river beds
2. Depends on the mode of possession or occupation
 For homestead –– requires one to cultivate ALLUVIUM OR ACCRETION
land; therefore, becomes his property only after Article 457. To the owners of lands adjoining the banks of rivers
complying with the requirements and conditions belong the accretion which they gradually receive from the
prescribes by law then homestead patent is effects of the current of the waters.
later issued.
 Today, there are no more free patents  “Riparian owner” –– owner in the banks/borders
 Emancipation patent  Because of erosion, soil and water are deposited in the land
 CARL –– tenant patent farmer becomes owner of RO hence his land now has an additional area = accessory
after paying to land, land owned is principle.
 Sale or homestead patents shall be forwarded to the registry  Only land described in the certificate of title is registered land;
and pay certain registration fees (administrative mode of additional area is not included because if the technical
registration) description
 Accessory land is unregistered but can be acquired through
MODES OF REGISTRATION prescription
1. Judicial  Basis: right of accession through alluvium or accretion
2. Administrative
RECLAMATION –– Method of filling, dredging or other means
PRESCRIPTION  Only the state/government can reclaim
 Imprescriptible title (Section 47, PD 1529)  Basis: RD and Law on Waters
Registered land not subject to prescriptions. No title to Chavez vs. Public Estate Authority
registered land in derogation of the title of the registered owner Talked about PEA’s authority to reclaim land (PD 1084)
shall be acquired by prescription or adverse possession. a) Submerged areas of Manila Bay
 Remain inalienable natural resources of public domain
 When land is already registered, it cannot be acquired through until reclassified by the state
prescription  Cannot be legally disposed since out of commerce of
 Only unregistered lands can be acquired through prescription man
 If land is patrimonial property, it can be acquired through  QUERY: When may it be disposed? ANS: (1) Reclaim
modes like prescription area first, (2) Reclassify land as alienable and
disposable
Malabanan vs. Republic  NB: Private corporations or associations are prohibited
 Malabanan filed an application for LR before RTC; claimed from holding public lands.
that he had purchased the property from Velazco, and that b) Foreshore Lands

 Strip of land that lies between high and low of lands or
watermarks alternately wet and dry.
 Inalienable lands of public domain = cannot be
reclassified, cannot be subject of private ownership
MODES OF ACQUIRING OWNERSHIP
1. By voluntary transfer
 Deed of conveyance
2. Involuntary alienation
 Does not require cooperation of land owner
 E.g. eminent domain, in expropriation proceedings; or
escheat or forfeiture proceedings (reversion suit); or
seizure for tax delinquency; or levy or
attachment/execution
3. By succession
 Acquisition of land by hereditary succession which
takes place upon death of decedent
 “Donation” –– delivery not required, mere acceptance
a) Testate
 Property given to heirs by use of testamentary
or dispositions
 A will in favor of heirs or a stranger
a. Real property –– “device”
b. Movable –– “legacy”
b) Inestate
TORRENS SYSTEM
 Sir Robert Richard Torrens, a British customs officer
 Judicial proceeding or process where there is judgment
AN:
Purpose of Torrens System
• Government has adopted this system for being the most
effective measure to guarantee the integrity of land titles and
to protect their indefeasibility once their claim is established
• Legarda vs. Saleeby: To quiet title to land; to put a stop forever
to any question of the legality of the title, except claims which
were noted at the time of the registration, or which may arise
subsequent thereto
• Aims to decree land titles that shall be final, irrevocable, and
indisputable
• To relieve the land of the burden of known as well as unknown
claims; obviate possible conflicts of title
• Conclusive evidence with respect to the ownership of the land
described therein and other matters which can be litigated
and decided in land registration proceedings
Advantages of Torrens System
a) It has substituted security for insecurity;
b) Reduced the cost of conveyances from pounds to shillings
and the time occupied from months to days;
c) Has exchanged brevity and clearness for obscurity and
verbiage;
d) Simplified ordinary dealings that he who has mastered the
“three R’s” can transact his own conveyancing;
e) Affords protection against fraud;
f) Restored to their just value many estates, held under
good holding titles, but depreciated in consequences of
some blur or technical defect and has barred the
reoccurrence of any similar faults
Additionally, this aims to avoid possible conflicts of title to real
estate and to facilitate transactions relative thereto by giving the
public the right to rely upon the face of the Torrens certificate of title
and to dispense with the need of inquiring further, except when the
party concerned has actual knowledge of facts and circumstances
that should impel a reasonably cautious man to make further
inquiry.
LTD Lecture Notes
CKA, 2017
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What is the effect of a deed of absolute sale of a registered
land although not registered?
 Grantor and grantee are bound
 Parties to contract cannot deny as principle of estoppel
by deed
 Article 1133: Relativity of Contracts
 Heirs, successors-in-interest, assigns are considered
extensions of personality of grantor and grantee
 Third persons are also bound if they have ACTUAL
KNOWLEDGE because to them, the purpose of
registration is more than accomplished.
 Actual knowledge of transaction is equivalent to
Registration
Which agency has the authority to enforce provisions of the Land
Registration Act?
 Land Registration Authority (under DOJ)
 Administrative Code of 1987, EO 292
 Has an administrator and 2 deputy administrators
 Central repository of records
 Sec 6: Functions, powers and duties of an administrator
Section 6. General Functions.
(1) The Commissioner of Land Registration shall have the
following functions:
(a) Issue decrees of registration pursuant to final
judgments of the courts in land registration
proceedings and cause the issuance by the
Registers of Deeds of the corresponding certificates
of title;
(b) Exercise supervision and control over all Registers
of Deeds and other personnel of the Commission;
(c) Resolve cases elevated en consulta by, or on appeal
from decision of, Registers of Deeds;
(d) Exercise executive supervision over all clerks of
court and personnel of the Courts of First Instance
throughout the Philippines with respect to the
discharge of their duties and functions in relation to
the registration of lands;
(e) Implement all orders, decisions, and decrees
promulgated relative to the registration of lands and
issue, subject to the approval of the Secretary of
Justice, all needful rules and regulations therefor;
(f) Verify and approve subdivision, consolidation, and
consolidation-subdivision survey plans of properties
titled under Act No. 496 except those covered by
P.D. No. 957.
(2) The Land Registration Commission shall have the
following functions:
(a) Extend speedy and effective assistance to the
Department of Agrarian Reform, the Land Bank, and
other agencies in the implementation of the land
reform program of the government;
(b) Extend assistance to courts in ordinary and cadastral
land registration proceedings;
(c) Be the central repository of records relative to original
registration of lands titled under the Torrens system,
including subdivision and consolidation plans of titled
lands.
Under the LRA is the: Office of the Register of deeds
o At least 1 in every city or province
o Headed by a register who is a lawyer with at least 3 years
of practice, deputy register of deeds
o Sec 10, PD 1529

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
What is the nature or character of Register of deed’s function?
Maranga vs. Bustillo
 Ministerial in nature
 Only determines WON document is registrable
 Does not contemplate hearing and notice
 Cannot determine validity of contract because that
involves discretion
 If purpose of registration is notice, validity of contract shall
be litigated afterwards
Instances when ROD may deny registration
1. In cases of co-ownership:
 If land is said by co-owners; presentment of all co-
owner’s duplicate is required. However, if not able to
comply, registration may be denied.
 Note: only public documents are registrable
2. In cases of selling of land to foreigners or aliens
 Basis: Constitution
TYPES AND MODES OF LAND REGISTRATION
1. Judicial Land Registration proceedings
 Judicial confirmation of incomplete and imperfect title
 Voluntary or Ordinary LR proceedings
 Cadastral proceedings
2. Administrative Registration Proceedings
 Granted to qualified Filipino citizens
 E.g. Homestead patent, sales patent
AN:
Legislation regarding land Registration
1. The Public Land Act (CA No. 141)
2. The Land Registration Act (Act No. 496)
3. The Cadastral Act (Act No. 2259)
4. The Property Registration Decree (PD No. 1529)
o issued to update above mentioned law and to codify the
various laws relative to registration of property and to
facilitate effective implementation of laws
o Judicial proceedings are in rem (like old legislation); and
 Proceeding is in rem when the object of the action is
to bar indifferently all who might be minded to make
an objection of any sort against the right sound to be
established and if anyone in the world has a right to
be heard on the strength of alleging facts which if
true, show an inconsistent interest.
o Based on the generally accepted principles underlying
the Torrens system.
o Persons who may apply for registration:
1. Those who by themselves or thru 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,
LTD Lecture Notes
CKA, 2017
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1945 or earlier
2. Those who have acquired ownership of private
lands by prescription under the provisions of
existing laws
3. Who have acquired ownership of private lands
or abandoned river beds by right of accession
or accretion under the existing laws
4. Those who have acquired ownership in any
other manner provided by law
NATURE OF JUDICIAL LR PROCEEDINGS (Sec 2)
Section 2. Nature of registration proceedings; jurisdiction of
courts. Judicial proceedings for the registration of lands
throughout the Philippines shall be in rem and shall be based
on the generally accepted principles underlying the Torrens
system.
Courts of First Instance shall have exclusive jurisdiction
over all applications for original registration of title to lands,
including improvements and interests therein, and over all
petitions filed after original registration of title, with power to hear
and determine all questions arising upon such applications or
petitions. The court through its clerk of court shall furnish the
Land Registration Commission with two certified copies of all
pleadings, exhibits, orders, and decisions filed or issued in
applications or petitions for land registration, with the exception
of stenographic notes, within five days from the filing or
issuance thereof.
o In rem and based on generally accepted principles
o “In rem” –– proceedings bind the whole word
o Not addressed to specific person/s but to the WHOLE
WORLD
o Jurisdiction of court over whole world done by publication
in a newspaper of general circulation over the Philippines
o Section 26. Once there is notice of hearing, all persons
are party-defendants
Section 26. Order of default; effect. If no person appears and
answers within the time 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
evidence. By the description in the notice "To all Whom It May
Concern", all the world are made parties defendant and shall be
concluded by the default order.
Where an appearance has been entered and an answer
filed, a default order shall be entered against persons who did
not appear and answer.
o “In personam” –– only between parties, addressed to a
specific person
QUASI IN REM PROCEEDINGS
 action against specific person but purpose is to subject
the land in lien or burden
WHICH COURT HAS JURISDICTION?
 Originally, the Court of First Instance; now, the Regional
Trial Court has the exclusive jurisdiction
 First level courts have been given authority to hear and
decide cadastral or land registration cases covering
lands: called as “Delegated jurisdiction”
1. Cases covering lands where there’s no controversy
2. LR cases covering contested lands does not
exceed Php100k
 RTC and first level courts are of the same level:
concurrent jurisdiction –– appeal; must therefore be filed
before CA
IPRA (RA 8371)
Section 12. Option to Secure Certificate of Title under
Commonwealth Act 141, as amended, or the Land Registration
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Act 496. - Individual members of cultural communities, with

respect to individually-owned ancestral lands who, by IS THERE A TIME LIMIT FOR APPLICATION?
themselves or through their predecessors-in -interest, have ANS: YES. RA 9176, Sec 2 –– extended to December 31, 2020
been in continuous possession and occupation of the same in
the concept of owner since the immemorial or for a period of not 1529, Sec 14, Subsection (1)
less than thirty (30) years immediately preceding the approval Maximum area: 12 hectares
of this Act and uncontested by the members of the same CA 141, Sec 48 (b)
ICCs/IPs shall have the option to secure title to their ancestral as amended
lands under the provisions of Commonwealth Act 141, as
amended, or the Land Registration Act 496. What conditions are required so application may be granted? What
For this purpose, said individually-owned ancestral lands, must applicant prove?
which are agricultural in character and actually used for 1) That land is alienable and disposable land of public domain
agricultural, residential, pasture, and tree farming purposes,  What kind of Evidence?
including those with a slope of eighteen percent (18%) or more,  Document evidencing (1) presidential proclamation,
are hereby classified as alienable and disposable agricultural (2) Executive order, (3) administrative order by
lands. DENR; or (4) legislative act or statute
The option granted under this Section shall be exercised  Remember DENR vs. Mayor Yap: requires positive
within twenty (20) years from the approval of this Act. act from government –– declaration of state
 Republic vs. EA: “must present a copy of either
 Indigenous members of a cultural community may file for DENR’s order or President’s order or executive
application for Land Registration of individually owned order (a certified true copy) from the official
ancestral lands custodian that machine a copy is certified true copy
 Not a separate registration proceedings of records
 Merely gives option to register 2) Possession and occupation must be since June 12, 1945 or
 What kind of proceedings? ANS: Voluntary or Ordinary earlier … and in a manner and concept Sec 48 (b): open,
proceedings continuous, exclusive, notorious, other bona fide claim of
ownership
JUDICIAL CONFIRMATION OF INCOMPLETE AND IMPERFECT  “other bona fide claim of ownership –– possession is not
TITLE that of a lessee, tenant or agent but claimant’s
Correlate Sec 48 (b), CA 141 with Sec 11 (of?) possession must be that as of an owner
(b) Those who by themselves  “Open” –– visible, apparent and not clandestine
or through their predecessors  “Continuous” –– uninterrupted, unbroken, and not
in interest have been in open, occasional
continuous, exclusive, and  “Exclusive” –– for own use and benefit
notorious possession and  “Notorious” –– conspicuous; known by public or people
occupation of agricultural in the neighborhood
lands of the public domain,  “Adverse” –– open and notorious
under a bona fide claim of
acquisition or ownership, for HOW DO YOU IMPROVE IDENTITY OF LAND?
at least thirty years  Documentary evidence, also particularly: (1) Survey plan
immediately preceding the and (2) technical description
filing of the application for  Other documents: tax declaration and tax receipts
confirmation of title except
when prevented by war or HOW CAN POSSESSION AND OCCUPATION BE PROVED?
force majeure. These shall be  Documentary and testimonial evidence
conclusively presumed to
have performed all the EFFECT OF COMPLIANCE WITH SEC 48, CA 141
conditions essential to a Director of Lands vs. IAC
Government grant and shall  When the conditions as specified in the Land Public Act
be entitled to a certificate of are complied with, the possessor is deemed to have
title under the provisions of acquired, by operation of law (automatic), a right to a grant,
this chapter. without the necessity of a certificate of title being issued
Nature of proceedings:  The land perforce ceases to be of the public domain and
 Also, judicial and in rem beyond the authority of the director of lands to dispose of.
 Legal basis: possession and occupation The application is then a mere formality; lack of such does
 1st amendment: July 26, 1894 not affect the sufficiency of the title as would be evidenced
 2nd Amendment: RA 3872 by the patent and the corresponding Torrens title issued
o Inserted another subsection –– members of pursuant to such patent.
ancestral ….
 3rd amendment: PD 1073  Last sentence of Sec 48 (b), CA 141: possession is deemed
o Amending subsections b and c to have been acquired by operation of law –– Right to the
o Shall apply only to alienable and disposable lands grant (government grant) without necessity of certificate of title
of public domain being issued
 Registration confirm title to land
WHO ARE QUALIFIED APPLICANTS?
(1) Filipino citizens RE: Private corporation to hold public lands
(2) Private corporation or association who acquired land  According to 1935 constitution: Yes, doctrine on vested
from (1) rights based on the due process clause
(3) Natural born citizens who have lost citizenship

 In 19378 and 1987: Yes, ONLY if acquired from a Filipino
citizen who has complied with 2 conditions provided in
Section 48 (b)
 Private land already: prohibition no longer applies
 However, if conditions not complied yet, NO. For it
violates the constitutional prohibition
Prohibition under constitution (Art. XII, Sec. 3)
Section 3. Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national parks.
Agricultural lands of the public domain may be further classified
by law according to the uses to which they may be devoted.
Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not
hold such alienable lands of the public domain except by lease,
for a period not exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed one thousand
hectares in area. Citizens of the Philippines may lease not more
than five hundred hectares, or acquire not more than twelve
hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation,
ecology, and development, and subject to the requirements of
agrarian reform, the Congress shall determine, by law, the size
of lands of the public domain which may be acquired,
developed, held, or leased and the conditions therefor.
Natividad vs. CA
 On January 1982, Tomas Claudio Memorial College
applied for registration of 6 parcels of land which was
opposed by DOL for being private corporation
 Prayed to be substituted by Natividad, Pascual and Ramos
because on November 1982 –– land sold; motion was
granted
 Lower court rendered a decision ordering the registration
of the lots in the names of Natividad, Pascual and Ramos.
 DOL appealed claiming that through substitution was a
circumvention of the constitutional prohibition against
acquisition by private corporations of alienable lands of the
public domain and that, furthermore, petitioners failed to
adduce adequate and substantial proof that they and their
predecessors-in-interest had been in open, continuous,
exclusive and notorious possession in the concept of
owners since June 12, 1945 or prior thereto, as required
by law.
 Determinative of this issue is the character of the parcels
of land –– whether they were still public land or already
private when the registration proceedings were
commenced. If they were already private lands, the
constitutional prohibition against acquisition by a private
corporation would not apply
 The parcels of land in question had already been
converted to private ownership through acquisitive
prescription by the predecessors-in-interest of TCMC
when the latter purchased them in 1979. All that was
needed was the confirmation of the titles of the previous
owners or predecessors-in-interest of TCMC.
What is controlling?
Character of parcels of land when judicial proceedings were
commenced (private or public land)
AN:
CHAPTER II:
LAND REGISTRATION COMMISSION AND ITS REGISTRIES
OF DEEDS
• Headed by an administrator who is assisted by 2 deputy
administrators, all of whom are appointed by the president upon
the recommendation of the Secretary of Justice. All other officials
of the LRA, except Register of Deeds are appointed by the
Secretary of Justice upon recommendation of the Administrator.
LTD Lecture Notes
CKA, 2017
7
• LRA or the Pangasiwaan sa Patalaan ng Lupain is the central
repository of records relative to the original registration of lands
titled under the Torrens system. Specifically, it is responsible for
the issuance of decrees of registration and certificates of title
where land is brought for the first time under the Torrens system.
Functions of the Authority
• Extend speedy and effective assistance to the DAR, Land
Bank and other agencies in the implementation of the land
reform program of the government;
• Extend assistance to courts in ordinary and cadastral land
registration proceedings;
• Be the central repository of records relative to the original
registration of lands titled under the Torrens system
including subdivision and consolidation plans of titled
lands.
Registry of Property
The registration of instruments affecting registered land
must be done in the proper registry in order to affect and bind the
land and thus operate as constructive notice to the world. This is in
full accord with Sec 51 of PD No 1529 which provides that “no deed,
mortgage, lease, or other voluntary instrument, except a will
purporting to convey or affect registered land shall take effect as a
conveyance or bind the land, but shall operate only as a contract
between the parties and as evidence of authority to the Register of
Deeds to make registration.” Thus, if the sale is not registered, it is
binding only between the seller and the buyer but it does not affect
innocent third persons.
Registration
Entry of instruments or deeds in a book or public registry.
To register means to enter in a register; to record formally and
distinctly; to enroll; to enter in a list –– Which records solemnly and
permanently the right of ownership and other real rights. Notice to
all the world; all persons are charged with the knowledge of hat it
contains.
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. The existence
of a certificate of title in the registry supports and strengthens the
authentic of the title.
While the duty of the RD to register instruments dealing with
registered property is ministerial, there are instances where he may
be justified in denying registration as for example:
1. Where there are several copies of the title (co-owner’s
duplicate) but only one is presented with the instrument
to be registered
2. Where the property is presumed to be conjugal but the
instrument of conveyance bears the signature of only
one spouse
3. Where there is a pending case in court where the
character of the land and validity of the conveyance are
in issue
4. Where required certificates or documents are not
submitted
Survey –– the process by which a parcel of land is measured and
its boundaries and contents ascertained
Survey plan –– serves to establish the true identity of the land to
ensure that it does not overlap a parcel of land or a portion thereof
already covered by a previous land registration and to forestall the
possibility that it will be overlapped by a subsequent registration of
any adjoining land.