Land Ownership in the Philippines

The pre hispanic concept of land ownership is the Baranggay System which
may be characterised as feudal and communal at the same time. Thus, each
family has usufructuary right to a parcel of land, subject to the rights of the
Datu as the master or lord who owns the property. They were allowed to
share in the bounty of the land they till but are not regarded as the owner of
the land which belong to the nobility (Datu).
Spanish concept of land ownership All lands in the Philippines were acquired
by the Spanish Crown through discovery and conquest (Basis of the
Regallian doctrine.)
Remember that land registration laws it always comes in two: Land
Adjudication and Land Registration.
Land Adjudication: Grant of Rights/Title
Land Registration: Procedure to effect such rights
During this period (Spanish period) land adjudication (grant of rights) always
comes from the Crown either directly or indirectly. Direct when there is a grant
from the King himself such as in a Titulo Real which is granted generally to
Spaniards to encourage them to settle in the new territories/colonies which
the discovered. (Basis: Law of the Indies) Concession Especial which is
granted by the by the governor general of the philippines without the need of
a special law.(Law of indies) Titulo de Composition con el estado This is a title
which legalizes unlawful entries who extend their possession beyond the
original grant. It is a form of a compromise between the Crown as the owner
of the land and the private individual as a usurper to public land whose
possession to the land goes beyond what the original grant gives them. The
title is a form of absolute ownership but it may be lost through prescription, so
it must still be registered.(Parang Amnesty to the squatters ito) Titulo De
Compra which is a title issued upon the sale of public land through a public
auction. The application to purchase is published in the Gazetta De Manila
and the notice must be posted in the municipal building where the land is
located. It covers vacant lands and public lands occupied without title.
Informacion Possesoria under the Ley Hipotecaria (Spanish Mortgage Law)
are those made available to those who have a claim to land who has his
possession recorded in the Registry of Deeds on the condition that the 1.
applicant has been in open possession of the land and 2. he has applied after
the expiration of 20 years from the registration of his possession and 3. and
that such conversion be announced by means of a proclamation in an official
bulletin and 4. that there is a court order for the conversion of the registration
of possession into a record of ownership and that the Register of Deeds
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makes a proper recording thereof in the Registry (of the claim of possession
and the subsequent order for conversion by the court)
Spanish Mortgage Law or the Ley Hipotecaria Law of Mortgage it is a land
registration (registration of rights) system which is the predecessor of the
Torrens System. Despite the name it covers not only mortgage but also all
other dealings in land, including the Information Possesoria. Please take note
that this law coexisted with the Torrens system under Act No. 926 until 1977
with the enactment of PD No. 892. During that time the government was not
strict in its implementation of the Torrens system although they are highly
encouraging it as it was a better system for registration, but requires much
more procedure to do as if you want to have it registered under the torrens
system (Act 496) you still have to file a land registration case in court. (But it
is a mere confirmation of your title so you just show your title to court not like
when you have an imperfect title you still have to present evidence on your
claim of ownership)
American Period
When the americans came all properties of the spanish crown was
transferred or ceded to the United States by virtue of the Treaty of Paris of
1898. Please note that at that time the Philippines were ceded to the
Americans there are already two types of land ownership1. lands of the public
domain which are the lands of the spanish crown and 2. private lands or
those which were already awarded by the spanish crown directly or indirectly.
Now, one of the organic laws which were used to govern the philippines at
that time is the Philippine bill of 1902 or the cooper act and which is known as
the first constitution, laid down the rules on land disposition for the lands of
the public domain. Thus, it declared that all the lands acquired by the
Americans from the spaniards except the intended for military reservations
shall be administered in favor of the filipinos. It also provided that land
classification shall be based on its agricultural character and productiveness
and sets a limit to each land award to a maximum of 16 hectares. Now
because of this Bill ,Act 926 which was enacted on October 7, 1903 and is
known as the public land act provided for two modes of acquiring titles to
public land. First is the Public land grants namely Homestead, sales and Free
Patents and Second is the procedure for confirmation of titles which is either
imperfect titles or by operation of law. This is the Land adjudication law during
the american times.
The land registration law during this period is Act. 496 or the Land
Registration Law which took effect in February 1, 1903 it was amended and
amended until it was eventually replaced by P.D. 1529 or the Property
Registration Decree on June 11, 1978, this law established the Court of
Land Registrationwhich has exclusive jurisdiction over applications for
registration under the law. Section 19 thereof provided for the registration of
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land in fee simple (it is defined as an estate under which the owner is
entitled to unrestricted powers to dispose of the property, and which can be
left by will or inherited. Sabi ni Yahoo. So technically, Fee Simple is absolute
ownership. you enjoy all the rights of an owner) Eto yun mga lands na
nadispose na ng spain as private lands.
Cases:
Chaves vs. US and its related cases (US vs. Vallejo, U.S. vs. Vigil)
These are all cases of imperfect title, lacking in one or more requirements for
a valid claim of ownership as against the state more particularly in the case of
Chaves what was questioned was the validity of a grant made by the
territorial deputisation not by the governor Court held that there was no valid
grant thus justifying the states refusal to confirm its title.
Valenton vs. Murciano Cansino vs. Valdes and Tiglao vs. Insular Govt. The
ruling here is that mere possession of land would give no title to the
possessor thereof as against the Government; in other words, that the statute
of limitations did not run against the State in reference to its agricultural
lands.
Valenton et. al. entered into the quiet, peaceful occupation and possession of
a tract of public land in Tarlac in 1860, (but they never applied with the
government for the purchase of the lots nor applied for confirmation of their
title).
Subsequently, Murciano as agent of Capulong applied for the purchase of the
same land declaring it to be public and unoccupied. Valenton filed a protest
on this application but later on the land was subsequently awarded to
Capulong and later on Murciano (as vendee).
Valenton claims that in 1890 they had been in the adverse possession of the
property for thirty years; that, applying the extra ordinary period of
prescription of thirty years, they then became the absolute owners of the land
as against everyone, including the State, and that when the State in 1892
deeded the property to the defendant, nothing passed by the deed because
the State had nothing to convey.
The court decided the case on the basis of those special laws which from the
earliest times have regulated the disposition of the public lands in the
colonies The question posed by the court was Did these special laws
recognise any right of prescription as against the state as to these lands; and
if so up to what extent was it recognized?
It was held that the State has always recognized the right of the occupant to
deed if he proves a possession for a sufficient length of time, yet it has
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always insisted that he must make that proof before the proper administrative
officers, and obtain from them his deed, and until he did that the State
remained the absolute owner. And in fact several spanish laws used in the
philippines provided for sanctions for not exhibiting titles (adjustments
procedures)
Royal decree of January 26, 1889 (Gaceta de Manila, March 20, 1889),
approved the regulations for the sale of public lands in the Philippines, and it
was in accordance with such regulations that the Valenton acquired his title.
Article 4 of those regulations required the publication in the Gaceta de Manila
of the application to purchase, with a description of the lands, and gave sixty
days within which anyone could object to the sale.
Valenton filed his protest while the land was being surveyed in favor of
Murciano but they did not follow up on the protest thus barred his right to
recover from Murciano.
Court ruled that there is no law from 1860 to 1892 by which Valenton could
obtain the ownership of these lands by prescription, without any action by the
State.
Cario vs. Insular Govt. 1906 (1909) Time immemorial Native Title
Carino, filed a petition in the Court of Land Registration asking that he be
inscribed as the owner of a tract of land Baguio, containing 146 hectares. The
Government of the Philippine Islands, appeared in the Court of Land
Registration and opposed the petition on the ground that it was part of a
military reservation. CLR granted the petition of Cario Govt. appealed to
CFI.
CFI held that Carino had no documentary evidence of title except a
possesory information under the mortgage law. Thus, producing the effect
only of those allowed to a mere possessor. Thus, the petition was dismissed.
(informacion possessoria ex parte proceeding before a judge with notice to
adjoining owner in which one who is in possession is permitted to show his
possession of land and the nature of such possession after which his
possession is permitted to be registered "without prejudice to third persons
having a better right thereto)
In the Philippine SC, Carino raised the issue that even if prescription does not
run against the Government of Spain in the Philippine Islands, yet a grant is
to be conclusively presumed from immemorial use and occupation *(Doctrine
of presumptive grant). (Meaning the land was private property even before
the spanish came.)

The Philippine SC upheld the CFI saying that a presumptive grant is not a
presumption of law but a presumption of fact justifying the need to study the
surrounding circumstances of the case. The court took note that ever since
the igorots were never converted to christianity ever since the spaniards
came, it would be illogical/impossible to presume that the igorots took
advantage in applying for the grants as required under Spanish laws. Also,
the court took note that Cario only mentioned that he is in possession of the
land in his contract of sale with Clarke. The doctrine of presumptive grant
cannot apply in the philippines in view of the numerous legislation requiring
persons in possession of public lands to exhibit his title and have it confirmed
otherwise he gets evicted from the land.
When it reached the US Supreme Court, the court through J. Holmes upheld
that it was indeed possible that no title was recognised by Spain emanating
from lands in the Benguet region, as it was never ever conquered completely
by the Spaniards and that its inhabitants were subjected or embraced the
rules to acquire public lands under Spain. However, it held that whether or not
the new sovereign would continue on with the policies of the old sovereign in
relation to the native inhabitants were left solely to the discretion of the new
sovereign (US).
The purpose for the acquisition of the Philippines where not like when the
white races settled in the US, back then their purpose was to conquer and
occupy the land. On the other hand, the acquisition of the Philippines were
not for private gain but only for administration purposes to do justice to the
natives, even citing the Philippine Bill of 1902 'for the benefit of the
inhabitants thereof.
Likewise the SC held that it might 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 and that if there is a doubt or ambiguity into spanish
law it must be construed against the state.
Mapa vs. Insular Government 1908 (Meaning of Agricultural Public Land in
Act No. 926)
The CLR granted Mapas application to register his 16 hectare land in San
Antonio, Manduriao, Iloilo. However the Government appealed the said
decision contending that the land was not agricultural land within the meaning
of Sec. 54 par. 6 of Act No. 926.
"All persons who by themselves or their predecessors in interest
have been in the open, continuous exclusive, and notorious
possession and occupation of agricultural public lands, as defined
by said act of Congress of July first, nineteen hundred and two,
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under a bona fide claim of ownership except as against the

Government, for a period of ten years next preceding the taking
effect of this act, except when prevented by war, or force majeure,
shall be conclusively presumed to have performed all the conditions
essential to a Government grant and to have received the same,
and shall be entitled to a certificate of title to such land under the
provisions of this chapter.
In its findings of fact the CLR found that the land in question is lowland, and
has been uninterruptedly, for more than twenty years, in the possession of
Mapa and his ancestors as owners and the same has been used during the
said period, and up to the present, as fish ponds, nipa lands, and salt
deposits. Thus, it is the claim of the Atty. Gen. that the land cannot be said to
be agricultural within the meaning of Act 926 as its nature is not agricultural.
The court went back to the Philippine Bill of 1902 and examined sec. 13 to 15
thereof to find the meaning of Agricultural Public Land. They came up with
three possibilities.
First, There is no definition in the act to the phrase agricultural land the SC
rejected this as Act 926 itself says that there is a definition that could be found
therein. And, to uphold that therein no definition of Agricultural land in the
act of congress (Philippine Bill of 1902) then there is no way of giving any
effect to the provisions of Act No. 926. If the phrase is not defined in the act of
Congress, then the lands upon which homesteads can be granted can not be
determined.
Second, is by saying that Congress has defined agricultural lands as those
lands which are, by their nature agricultural (the view of the atty. gen.). The
court rejected this view as it was very vague and indefinite, and could leave
further doubts into the interpretation thereof in the future which should not
happen.
Third, as used in sec. 13 of the Philippine Bill The Government shall make
rules and regulations for the lease, sale, or other disposition of the public
lands other than timber or mineral lands." or simply that the phrase
"agricultural land" as used in Act No. 926 means those public lands acquired
from Spain which are not timber or mineral lands.
Susi vs. Razon and Director of Lands
On December 18, 1880, Pinlac sold the land in question, then a fish pond, to
Garcia and Mendoza, with right to repurchase. Garcia and Mendoza
possessed the land for about 8 years before selling it to Susi.
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The possession and occupation of the land by Susi and his predecessors in
interest has been open, continuous, adverse and public, without any
interruption, except during the revolution, or disturbance, except when Razon,
on September 13, 1913, filed an action in the CFI of Pampanga to recover the
possession of said land. Razon lost and the complaint was dismissed.
Subsequently, Razon applied to the Director of Lands for the purchase
thereof in 1914. Susi filed his opposition alleging his possession of the land
for 25 years. Director of Lands found in favor of Razon and issued the grant
thereto. After which, RD issued the Certificate of Title to Razon.
With the title in her possession, Razon asked Susi to vacate the land who
refused thus, Razon filed for Forcible entry which was dismissed for lack of
jurisdiction because she was already questioning the title. Susi then filed a
complaint against Razon and the Director of Lands for the annulment of the
sale and cancellation of the title issued to Razon.
Defense of Director of Land: The land in question was a property of the
Government of the United States under the administration and control of the
Philippine Islands before its sale to Razon, which was made in accordance
with law.
After trial, CFI rendered judgment declaring Susi entitled to the possession of
the land, annulling the sale made by the Director of Lands in favor of Razon,
and ordering the cancellation of the certificate of title issued to her, with the
costs against Razon.
Director of Lands filed the appeal, assigning thereto the following errors, to
wit: (1) The holding that the judgment rendered in a prior case between the
plaintiff and defendant Angela Razon on the parcel of land in question is
controlling in this action; (2) the holding that plaintiff is entitled to recover the
possession of said parcel of land; the annulment of the sale made by the
Director of Lands to Angela Razon; and the ordering that the certificate of title
issued by the register of deeds of the Province of Pampanga to Angela Razon
by virtue of said sale be cancelled; and (3) the denial of the motion for new
trial filed by the Director of Lands.
Ruling of SC:
It was held that Susi has been in possession of the land in question openly,
continuously, adversely, and publicly, personally and through his
predecessors, since the year 1880, that is, for about forty-five years even
before Razon applied for the purchase of the said land. The judgment in the
Forcible entry case negates Razons claim that she has been in actual
possession of the land.

The Cario case was applied here also Susi was conclusively presumed to
have performed all the conditions essential to a government granted is now
entitled to a certificate of title.
Section 45 (b) Act No. 2874 (which amendedAct No. 926) Those
who by themselves or through their predecessors in interest have
been in the open, continuous, exclusive, and notorious possession
and occupation of agricultural lands of the public domain, under a
bona fide claim of acquisition of ownership except as against the
Government, since July twenty-sixth, eighteen hundred and ninetyfour except when prevented by war or force majeure. These 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.
Thus, when Razon applied for the grant in her favor, Valentin Susi had
already acquired, by operation of law, not only a right to a grant, but a grant of
the Government, for it is not necessary that certificate of title should be issued
in order that said grant may be sanctioned by the courts, an application
therefore is sufficient, under the provisions of section 47 of Act No. 2874.
If by a legal fiction, Susi had acquired the land in question by a grant of the
State, it had already ceased to be the public domain and had become private
property, at least by presumption, of Susi, beyond the control of the Director
of Lands. Consequently, in selling the land in question to Angela Razon, the
Director of Lands disposed of a land over which he had no longer any title or
control, and the sale thus made was void and of no effect, and Razon did not
thereby acquire any right. (Forum Shopping kase eh)
Cornelio Ramos vs. Director of Lands (1918)
Restitute Romero apparently gained a big tract of land in San Jose Nueva
Ecija in 1882. Pursuant to the Royal Decree of 1894, Romero obtained a
possessor information title on the land in 1896. Parcel No. 1 which is within
the limits of the possessory information title of Romero was sold to Cornelio
Ramos and his wife Ambrocia Salamanca in 1907. Subsequently, Ramos
instituted appropriate proceedings (CLR?) to have his title registered but it
was opposed by the Director of Lands contending that Ramos did not acquire
good title from the Spanish Govt. The Director of Forestry also opposed on
the ground that the Parcel No. 1 in which Cornelio Ramoss property was a
part of was allegedly Forest Land. Trial Court agreed with the oppositions and
excluded Parcel No. 1 from Registration.
The govt. contends that the land could not come under the protection of the
Maura Law (Royal Decree of February 13, 1894) as it must be shown that the
land must be cultivated for six year prior to the application and that it is not
part of the zonas forestales (Forest Zone?). The land, they contend is still
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part of the forest zone as they can still find trees thereon trees of 50 to 80
years of age. But the court did not take cognisance of this contention and
instead focused on whether the Petitioner (or his predecessor in interest held
the land under color of title)
Subsection 6 of section 54, of Act No. 926, entitled The Public Land
Law, as amended by Act No. 1908, reads as follows:6. All persons
who by themselves or their predecessors and interest have been in
the open, continuous, exclusive, and notorious possession and
occupation of agricultural public lands, as defined by said Act of
Congress of July first, nineteen hundred and two, under a bona fide
claim of ownership except as against the Government, for a period
of ten years next preceding the twenty-sixth day of July, nineteen
hundred and four (July 26, 1904), except when prevented by war or
force majeure, shall be conclusively presumed to have performed all
the conditions essential to a government grant and to have received
the same, and shall be entitled to a certificate of title to such land
under the provisions of this chapter.
*Actual possession of land consists in the manifestation of acts of dominion
over it of such a nature as a party would naturally exercise over his own
property.*
*Doctrine of constructive possession possession and cultivation of a portion
of a tract under claim of ownership of all is a constructive possession of all, if
the remainder is not in the adverse possession of another.*
The court applied the doctrine of constructive possession in this case,
considering that the evidence here is that the applicant has cultivated 1/4 of
the land applied for. (but if the land cultivated is minuscule compared to the
whole this doctrine might not have applied)
Whether or not the land is forest or agricultural land?
The court found for the applicant, holding that in case of doubt on whether the
land is agricultural or forest land, the presumption should be that land is
agricultural in nature as according to them it is for the good of the Philippine
Islands to have the large public domain come under private ownership. Such
is the natural attitude of the sagacious citizen. The director of forestry should
have presented convincing proof that the land is not more valuable for
agricultural than for forest purposes. A formal opposition through the slogan
without satisfactory evidence as to the nature of the land will not stop the
courts from awarding the land to applicant.
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Masarap icite pang prefatory statement:

The prodigality of the spendthrift who squanders his substance for
the pleasure of the fleeting moment must be restrained for the less
spectacular but surer policy which protects Nature's wealth for future
generations.
Jocson vs. Director of Forestry 1919
Jocson sought to register three parcels of lot lot 1104, lot 1154 and lot 1158 in
the town of Hinigaran, Negros Occidental. This was opposed by the director
of Forestry on the ground that parts of the lots are Forest Land. The court
denied his application and thus this appeal.
Jocson claims that the land was possessed by Bibiano Jocson as owner
during his lifetime even before the year 1880, and, after his death, by his
heirs, who had planted nipa and a built a fish hatchery therein.
One of the issues raised in the Court is whether manglares [mangroves] are
agricultural lands or timber lands. If they are timber lands the claimants
cannot acquire them by mere occupation for ten years prior to July 26, 1904;
if not, they can so acquire them under the Public Land Act, and no grant or
title is necessary.(Sec. 56)
Mangroves are not Forestry Lands within the meaning of Timber Lands as
defined by the court in Montano vs. Insular Govt. to wit:
it may be said that they are mud flats, alternately washed and
exposed by the tide, in which grow various kindered plants which will
not live except when watered by the sea, extending their roots deep
into the mud and casting their seeds, which also germinate there.
These constitute the mangrove flats of the tropics, which exists
naturally, but which are also, to some extent, cultivated by man for
the sake of the combustible wood of the mangrove, like trees, as
well as for the useful nipa palm propagated thereon. Although these
flats are literally tidal lands, yet we are of the opinion that they can
not be so regarded in the sense in which the term is used in the
cases cited or in general American jurisprudence. The waters
flowing over them are not available for purpose of navigation, and
they "may be disposed of without impairment of the public interest in
what remains.
So agricultural land siya in accordance din dun sa ruling sa Mapa vs. Insular
Govt. "agricultural lands" as used in Act No. 926 means those public lands
acquired from Spain which are not timber or mineral lands.
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But you still need to prove that your possession is complete, actual and
adverse to be entitled to the benefits of Sec. 56 par. 6 of Act No. 962.
Oh Cho vs. Director of Lands 1946
Oh Cho, a citizen of the Republic of China, purchased in 1938 from Antonio,
Luis and Rafael Lagdameo a parcel of land located in the residential district of
Guinayangan, Tayabas, which has been in the continuous, public, and
adverse possession of their predecessors in interest as far back as 1880. On
June 17, 1940, Oh Cho applied for the registration of said parcel of land. The
Director of Lands opposed the application because, among other grounds,
the Constitution prohibits aliens from acquiring public or private agricultural
lands.
The court held that Oh Cho failed to show that he has title to the lot that may
be confirmed under the Land Registration Act. He failed to show that he or
any of his predecessors in interest had acquired the lot from the Government,
either by purchase or by grant, under the laws, orders and decrease
promulgated by the Spanish Government in the Philippines, or by possessory
information under the Mortgaged Law (section 19, Act 496). All lands that
were not acquired from the Government, either by 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 time immemorial, for such possession would justify the
presumption that the land had never been part of the public domain or that it
had been a private property even before the Spanish conquest. (Cario vs.
Insular Government, 212 U.S., 449; 53 Law. Ed., 594.) Oh Cho does not
come under the exception, for the earliest possession of the lot by his first
predecessors in interest begun only in 1880.
It may be argued that under the provisions of the Public Land Act the Oh
Chos immediate predecessor in interest would have been entitled to a
decree of registration of the lot had they applied for its registration (Sec. 56
par. 6); and that he having purchased or acquired it, the right of his immediate
predecessor in interest to a decree of registration must be deemed also to
have been acquired by him. The benefits provided in the Public Land Act for
applicant's immediate predecessors in interest should comply with the
condition precedent for the grant of such benefits. The condition precedent is
to apply for the registration of the land of which they had been in possession
at least since July 26, 1894. But Oh Chos immediate predecessors in interest
failed to this. Thus, they did not have any vested right in the lot amounting to
the title which was transmissible to Oh Cho. The only right, if it may thus be
called, is their possession of the lot which, tacked to that of their
predecessors in interest, may be availed of by a qualified person to apply for
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its registration but not by a person as Oh Cho who is disqualified from

purchasing lands of the public domain. Judgment is reversed.
Mindanao vs. Director of Lands 1967 (umabot pa ito sa Spanish title claims)
On August 4, 1960 Mindanao et. al. filed an application for registration of a
parcel of land about 106 hectares more or less located in San Juan Batangas
pursuant to the provisions of Act 496. They alleged that the land had been
inherited by them from their grandfather, Pelagio Zara, who in turn acquired
the same under a Spanish grant known as "Composicion de Terrenos
Realengos" (So, Sec. 54 of Act 926) issued in 1888. Alternatively, should the
provisions of the Land Registration Act be not applicable, applicants invoke
the benefits of the provisions of Chapter VIII, Section 48, subsection (b) of
C.A. 141 as amended, on the ground that they and their predecessor-ininterest had been in continuous and adverse possession of the land in
concept of owner for more than 30 years immediately preceding the
application.
The Director of Lands, Director of Forestry and Private Oppositor De Villa
filed their opposition alleging that the parcel of land sought to be registered by
the Mindanaos was included in the area of the parcel of land applied for
registration by Vicente S. de Villa, Sr. in a previous land registration case,
which was decided by the same Court in 1949 denying the application of
Devilla.
In that case the land which is the subject of the instant registration proceeding
was declared public land. The Devillas have an interest in the land because
for a period more than sixty (60) years, the de Villas have been in
possession, and which possession, according to them, was open continuous,
notorious and under the claim of ownership.
That the proceeding being in rem, the failure of the applicants to appear at
the 1949 case to prove their imperfect and incomplete title over the property,
barred them from raising the same issue in another case.
And that as far as the decision in Civil Case No. 26, L.R. Case No. 601 which
was affirmed in the appellate court in CA-G.R. No. 5847-R is concerned,
there is already "res-adjudicata" in other words, the cause of action of the
applicant is now barred by prior judgment.
And that this Court has no more jurisdiction over the subject matter, the
decision of the Court in said case having transferred to the Director of Lands.
The CFI of Batangas dismissed the application holding that once a parcel of
land is declared or adjudged public land by the court having jurisdiction x x x
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it cannot be the subject anymore of another land registration proceeding x x x

(that) it is only the Director of Lands who can dispose of the same by sale, by
lease, by free patent or by homestead.
When the case reached the SC on Appeal, the Director of Lands and Forestry
did not participate living the Devillas to carry on. The main issue raised is
whether the 1949 judgment in the previous case, denying the application of
Vicente S. de Villa, Sr., and declaring the 107 hectares in question to be
public land, precludes a subsequent application by an alleged possessor for
judicial confirmation of title on the basis of continuous possession for at least
thirty years, pursuant to Section 48, subsection (b) of the Public Land Law,
C.A. 141, as amended.
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:
xxx
xxx
xxx
(b) Those who by themselves or through their predecessors in
interest have been in open, continuous, exclusive and notorious
possession and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition of ownership, for at
least thirty years immediately preceding the filing of the application
for confirmation of title, except when prevented by war or force
majeure. These 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.1
wph1.
Note that the Mindanaos application is in the alternative: for registration of
their title of ownership under Act 496 or for judicial confirmation of their
"imperfect" title or claim based on adverse and continuous possession for at
least thirty years. They (Mindanaos) may have been barred by the prior
judgment in the first registration case as the proceedings was in rem and they
had constructive notice by publication. But the Mindanaos
imperfect
possessory title was not disturbed or foreclosed by such judgment, because
the proceeding contemplated in Sec. 48 (b) of C.A. 141 presupposes that the
land is public. The basis of the decree of judicial confirmation authorized
therein is not that the land is already privately owned as in Sec. 54 of Act. No.
926 and hence no longer part of the public domain, but rather that by reason
13

of the claimant's possession for thirty years he is conclusively presumed to

have performed all the conditions essential to a Government grant.
With regards to Devillas claim they can raise it in the proceedings below.
Judgment set aside and sent back to court for trial and judgment on the
merits.
Land Classification
A.

Definition

Land classification pertains to classification of lands of the public domain

as a natural resources . Under Philippines laws, all natural resources are
owned by the State. However, lands classified as agricultural may be
declared alienable and disposable and may be disposed as private lands to
qualified citizens through homestead, sales and other grants.
The classification of land as a natural resource is important in the
determination of land tenure in the Philippines, because not all types of lands
can be acquired as private property. Only lands that have been classified as A
and Disposable (A&D) Agricultural lands can be disposed to and acquired by
citizens for private ownership. Land that have been classified as forest,
mineral or natural parks belong to the state and are not subject to private
ownership. Unclassified lands are considered as public forest.
1. Under the Old Rules (Philippine Bill of 1902) Classification of
Public Land is according to the agricultural character and productiveness
(Sec. 13) Thus it is classified as 1. Agricultural 2. Mineral and 3. Timber/
Forest Lands.
Remember the term used here is Agricultural Public Land which in
the Mapa case are held to be those public and acquired from Spain which
are not timber or mineral land. which is a definition by exclusion.
Now applying the Philippine Bill the then Philippine Commission
enacted the First Public Land Act (Act 926) in October 7, 1903, the salient
provisions of which include the following:
1. Introduced the homestead system
2. Provisions for judicial and administrative confirmation of imperfect titles
and for the sale or lease of public lands.

14

3. It also permitted corporations regardless of the nationality of persons

owning the controlling stock to lease or purchase lands of the public
domain.
Take note that under the Act, open, continuous, exclusive, and
notorious possession and occupation of agricultural lands for the next ten (10)
years preceding July 26, 1904 was sufficient for judicial confirmation of
imperfect title.
Thereafter in November 29, 1919 The Congress enacted the Act 2874
or the Second Public Land Act. The term used here is lands of the public
domain and the classifications are 1. Alienable or Disposable 2. Timber and
3. Mineral Lands. (Present System of Land Classification)
This law limited the exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which gave Filipinos the same
privileges. (Reciprocity, which is absent in Act 926)
For judicial confirmation of title, possession and occupation en
concepto dueo since time immemorial, or since July 26, 1894, was required.
2. Presently, under the New Rule (1987 Constitution and C.A. 141)
lands of the public domain are classified as 1. Agricultural 2. Forest or
Timber 3. Mineral and 4. National Parks. (Art. XII Sec. 2 and 3) This list
departs from the 1935 Constitution which identifies agricultural, timber and
mineral lands,1 and the 1973 Constitution, which additionally enumerates
industrial or commercial, residential, resettlement, and grazing lands.2
B.

Laws relating to Land Classification

Section 1, Article XIII of the 1935 Constitution. SECTION 1. All agricultural timber, and mineral lands of
the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential
energy and other natural resources of the Philippines belong to the State, and 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 limit of the grant.

Section 10, Article XIV of the 1973 Constitution. SECTION 10. Lands of the public domain are classified
into agricultural, industrial, or commercial, residential, resettlement, mineral, timber or forest, and
grazing lands, and such other classes as may be provided by law.

15

From the Constitutional classifications, Congress has, in turn, enacted

legislation providing for the use, exploitation, preservation and, when allowed,
alienation and disposition, of each classification of government land.
Generally, these laws are the following:
1. Agricultural Lands - Commonwealth Act No. 141 (Public Land Act of 1936)
2. Forest Lands - Presidential Decree No. 705 (Revised Forestry Code)
3. Mineral Lands - R.A. 7931 (Mining Act of 1995)
4. National Parks - Republic Act No. 7598 (National Integrated Protected
Area System Act)
C.

Rules on Land Classification

1) Institutional Arrangement in Land Classification, Department of

Environment and Natural Resources and National Mapping and
Resources Information Administration.
Sec. 13 of PD No. 705 provides that the DENR (secretary) shall study,
devise, determine and prescribe the criteria, guidelines and methods for the
proper and accurate classification and survey of all lands of the public
domain.
Pursuant to the above the Secretary of the Environment used its sectoral
bureaus on Lands (LMB), Forestry (FMB), Mines (MGB) and Protected area
(PAWB) in its classification of the lands of the public domain.
Subsequently, on June 10, 1987 E.O. 192 was issued reorganising the
DENR. This law created the National Mapping and Resources Information
Authority (NAMRIA) as an attached agency of the DENR which integrates the
functions and powers of the Natural Resources Management Center (NRMC),
National Cartography Authority (NCA), the Bureau of Coast and Geodetic
Survey (BCGS), and the Land Classification Teams based at the then Bureau
of Forest Development.
The NAMRIA shall provide the DENR and the government with map-making
services and likewise act as the central mapping agency which shall serve
the needs of the line services of the DENR and other government offices with
regard to information and researches, and shall expand its capability in the
production and maintenance of maps, charts and similar photogrammetry and
cartography materials.

16

2) Executive Department determines original classification (CA No. 141

and PD No. 705).
Take note that land classification is by law an executive function. Previously,
under the old law (Philippine Bill of 1902 and Act. No. 926) there was no
express legal provision vesting in the President the power to classify lands of
the public domain into mineral, timber and agricultural, so that the courts were
then free to make corresponding classifications in land registration cases, or
vested with implicit powers to do so, depending on the preponderance of
evidence presented to them. Thus, the courts then have the right to presume
that each land applied for is agricultural lands until the contrary is shown (De
Aldecoa). But with the passage of Act No. 2874 (Sec. 6) in 1919 which is
reproduced in Section 6 of C.A. 141, The executive through the president was
given the exclusive prerogative to classify or reclassify public lands into
alienable or disposable, mineral or forest. Since then, courts no longer had
the authority, whether express or implied, to determine classifications of lands
of the public domain.
So remember: in the exams, it is very important that you single out first the
date of the application for judicial confirmation, it might be that it was applied
under the old law then the courts can determine classification of lands. Now it
is the exclusive privilege of the president.
Statutory Basis:
Sec. 6 Act. No. 2874 term used was governor general /C.A. 141 Sec. 6 term
is already president
Upon the recommendation of the Secretary of the DENR the President shall
classify the lands of the public domain into Agricultural, Timber and Mineral
Lands, Likewise, he may transfer such lands from one class to another, for
the purposes of their administration and disposition.
(Sec. 7 and 8) President may also declare which of the alienable and
disposable lands of the public domain which are open to concession and
disposition, which must be generally, officially delimited, classified and
surveyed. Except: when public interest requires.
PD No. 705
(Sec. 13) The Secretary of the DENR shall prescribe the criteria and
guidelines for the classification and survey of all lands of the public domain
into agricultural, industrial or commercial, residential, resettlement, mineral,
timber or forest, and grazing lands, and into such other classes as now or
may hereafter be provided by law, rules and regulations.
17

Cases:
Please take note of the case:
Director of Lands and the Director of Forest Development vs. CA G.R.
No. 58867, 22 June 1984 Courts have no competence to release a property
from the unclassified category. Classification of public lands is an exclusive
prerogative of the Executive Department of the Government and not of the
Courts. In the absence of such classification, the land remains as unclassified
land until it is released therefrom and rendered open to disposition. This
should be so under time-honored Constitutional precepts. This is also in
consonance with the Regalian doctrine that all lands of the public domain
belong to the State, and that the State is the source of any asserted right to
ownership in land and charged with the conservation of such patrimony.
Also, there are cases where the courts declared lands as agricultural
prior to the introduction of classification
Sta. Monica Industrial and Development Corporation vs. Court of
Appeals GR No. 83290 September 21, 1990 (189 SCRA 792)
As early as 1904 title to the land was already had by the Petitioners
predecessor in interest, thus he had imperfect title back then and is entitled to
be applied for judicial confirmation of title in 1904 and even though the
confirmation was made only in 1912, before the proclamation that the land
was reserved for naval purposes in 1908. Back then the land was agricultural
as defined under Act 926, before it was declared part of the forest zone and
was subsequently reserved in 1908.
Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989)
What is the legal nature of Mangroves- Formerly, Mangroves, as held in the
case of Mapa and several other cases, are considered part of the Agricultural
Lands. But this case put the issue into rest when the court said that Mangrove
Swamps must be understood as comprised within the public forest as defined
in section 1820 of the Revised Admin Code of 1917. This is the outstanding
definition as held by the legislature and will not be changed by the courts in
the exercise of its discretion. The classification of mangrove swamps as
forest lands is descriptive of its legal nature not of what the land looks like.
The previous classification that mangrove swamps are agricultural in nature
should be held to apply to those lands in which ownership was acquired prior
to its classification as forestlands in the revised admin code of 1917 as a
18

contrary ruling would be violative of a duly acquired property right which is

protected by the due process clause.
3) Congress may reclassify lands (Section 4 of Republic Act No. 6657).
If the Executive has the sole prerogative to determine the original
classification of public lands the congress is now given the power to reclassify alienable and disposable lands by virtue of R.A. No. 6657 which is
the legislative enactment of Proclamation 131 of Cory instituting CARP.
Statutory Basis:
Sec. 4(A) RA No. 6657 which included all alienable and disposable lands of
the public domain devoted to or suitable for agriculture in the coverage of the
CARP. Take, note however that no reclassification of forest or mineral lands
to agricultural lands shall be undertaken until Congress, shall have
determined by law, the specific limits of the public domain.
Take note that in DOJ Opinion No. 23, Series of 1995 it was said that the
prohibition regarding reclassification from forest or mineral lands to
agricultural lands under sec. 4(a) of RA 6675 shall not apply for purposes of
including it under the coverage of the CARP to Public Forest (those which
have not been classified by the executive to be needed for forest purposes or
not) as it has not been originally classified thus no reclassification can be
spoken of.
4) Congress will determine the final forest line.
(Sec. 4 Article XII, 1987 Constitution) provides that the congress shall as
soon as possible SECTION 4. The Congress shall, as soon as possible,
determine by law the specific limits of forest lands and national parks,
marking clearly their boundaries on the ground.
As of August 2012, DENR has already delineated the countrys forest line
boundaries totalling 79,245 kilometres but does not include the ARMM. Take
note that this is only delineation at the DENR level not a determination by law
as required under the constitution. I believe that there are certain bills right
now in congress concerning the limitation of the forest line in the country.
5) Classification describes the legal nature of lands not the natural state
of the land.
In the case of Heirs of Amunategui vs. Director of Forestry it was held that
a forested area classified as forest lands of the public domain does not lose
such classification simply because loggers have stripped it of its forest cover.
19

The classification is descriptive of its legal nature or status and does not have
to be descriptive of what the land looks like. Unless and until the land
classified as Forest is released in an official proclamation to that effect so
that it may form part of the disposable agricultural lands of the public domain,
the rules on confirmation of imperfect title do not apply.
Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November
15, 1947)
Aside from saying that aliens cannot acquire private agricultural land
including residential land whatever its origin might have been. The court held
that in determining whether lands are agricultural or not, the character
of the land is the test. It is the susceptibility of the land to cultivation for
agricultural purposes by ordinary farming methods which determines
whether it is agricultural or not. At any rate the determination of whether
the land is agricultural or not is subject to proof back then, courts may
declare where it is agricultural on the basis of the proof presented to it.
Another issue: Whether Residential Land is part of Agricultural Land and if
yes may an alien acquire it. Yes it is agri. and No aliens may not acquire it.
6) Disposition of public lands limited to agricultural lands. (Title II of
C.A. 141 and Art. XII Sec. 3 of the 1987 Constitution)
Who may apply: Presently, only Filipino citizens. Previously in the Phil. Bill of
1902 and Act. No. 926, corporations are allowed of whatever citizenship
(Filipino or US), subject to reciprocity. Now, because of the 1987 Constitution,
corporations cannot receive a public land grant except by way of lease for 25
year renewable for another 25 years and is limited to not more than 1,000
hectares.
Limit: 12 hectares by way of homestead, sales and grants
Previously, 16 hectares (Phil. Bill of 1902); 24 hectares in 1935 Constitution;
12 hectares under the 1987 Constitution
D. Classification of Lands
1. Topographical Criteria
Note that there are certain topographical criteria in P.D. 705 which are used in
the classification of lands of public domain into either A&D or Forest Lands.
Sec. 15 No land of the public domain eighteen per cent (18%) in slope or
over shall be classified as alienable and disposable, nor any forest land fifty
20

per cent (50%) in slope or over, as grazing land.

Lands eighteen per cent (18%) in slope or over which have already been
declared as alienable and disposable shall be reverted to the classification of
forest lands to form part of the forest reserves, unless they are already
covered by existing titles or approved public land application, or actually
occupied openly, continuously, adversely and publicly for a period of not less
than thirty (30) years as of the effectivity of this Code, where the occupant is
qualified for a free patent under the Public Land Act: Provided, That said
lands, which are not yet part of a well-established communities, shall be kept
in a vegetative condition sufficient to prevent erosion and adverse effects on
the lowlands and streams: Provided, further, That when public interest so
requires, steps shall be taken to expropriate, cancel defective titles, reject
public land application, or eject occupants thereof.
Sec. 16 Areas below 18% but are needed for forest purposes and cannot be
classified as A&D.
1. Areas less than 250 hectares which are far from, or are not contiguous
with, any certified alienable and disposable land.
2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or
which protect a spring for communal use. (Ex. Approach in Gensan Airport)
3. Areas which have already been reforested.
4. Areas within forest concessions which are timbered or have good residual
stocking to support an existing, or approved to be established, wood
processing plant.
5. Ridge tops and plateaus regardless of size found within, or surrounded
wholly or partly by, forest lands where headwaters emanate.
6. Appropriately located road-rights-or-way.
7. Twenty-meter strips of land along the edge of the normal high waterline of
rivers and streams with channels of at least five (5) meters wide.
8. Strips of mangrove or swamplands at least twenty (20) meters wide, along
shorelines facing oceans, lakes, and other bodies of water, and strips of land
at least twenty (20) meters wide facing lakes. (ex. Samar)
9. Areas needed for other purposes, such as national parks, national
historical sites, game refuges and wildlife sanctuaries, forest station sites, and
others of public interest; and
10. Areas previously proclaimed by the President as forest reserves, national
parks, game refuge, bird sanctuaries, national shrines, national historic sites:
Provided, That in case an area falling under any of the foregoing categories
shall have been titled in favor of any person, steps shall be taken, if public
interest so requires, to have said title cancelled or amended, or the titled area
expropriated.

21

Sec. 17 All boundaries between permanent forests and alienable and

disposable lands shall be clearly marked and maintained on the ground, with
infrastructure or roads, or concrete monuments at intervals of not more than
five hundred (500) meters in accordance with established procedures and
standards, or any other visible and practicable signs to insure protection of
the forest.
2.

Lands of the Public Domain

Generally, the term lands of the public domain is used to describe so much of
the lands in the Philippines that has not been subjected to private rights.
Public lands are also used in a limited sense to describe such lands as are
subject to sale or other modes of acquisition or concession under the public
land laws.
The 1987 Constitution (Art. XII Sec. 3) classifies lands of the public domain
into agricultural, forest or timber, mineral lands, and national parks. Likewise,
agricultural lands of the public domain may be further classified by law
according to the uses 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 (12) hectares thereof by purchase, homestead,
or grant.
Take Note of the Case of Krivenko and:
Mattews vs. Taylor Constitution prohibits Aliens from owning public ands and
are thus disqualified to own private lands. Benjamin has no right to nullify the
Agreement of Lease between Joselyn and petitioner. Benjamin, being an
alien, is absolutely prohibited from acquiring private and public lands in the
Philippines. Considering that Joselyn appeared to be the designated vendee
in the Deed of Sale of said property, she acquired sole ownership thereto.
This is true even if we sustain Benjamins claim that he provided the funds for
such acquisition. By entering into such contract knowing that it was illegal, no
implied trust was created in his favor; no reimbursement for his expenses can
be allowed; and no declaration can be made that the subject property was
part of the conjugal/community property of the spouses.

22

3.
Agricultural Lands- Commonwealth Act No. 141 (Public Land Act
of 1936) Unahin mo discuss yun iba!
Now, aside from the constitutional Provisions above, alienable lands of the
public domain are covered under the provisions of C.A. 141. Section 8
thereof defines such lands as those which satisfy the following requirements:
(a)The land must have been declared open to disposition or concession;
(b)The land must have been officially delimited and classified, and, when
practicable, surveyed; provided that, the President may, for reasons of
public interest, declare lands of the public domain open to disposition before
the same have had their boundaries established, or been surveyed; and,
(c)The land must not have been reserved for public or quasi- public uses,
nor appropriated by the Government, nor in any manner become private
property.
These public agricultural lands are further classified under Section 9 thereof
as:
(a)
(b)
(c)
(d)

Agricultural
Residential, Commercial, Industrial, or for similar productive purposes;
Educational, charitable, or other similar purposes; and
Reservations for town sites and for public and quasi- public uses.

In turn, alienable lands classified as residential, commercial and industrial

lands under Section 9 of the Public Land Act are further classified in Sec. 59
thereof as:
(a) Lands reclaimed by the government by dredging, filling, or other means,
(b) Foreshore;
(c) Marshy lands or lands covered with water bordering upon the shores or
bank of navigable lakes or rivers; and,
(d) Lands not included in any of the following classes.
It should be noted that while Section 9 of the Public Land Act classifies
agricultural land separate from residential, commercial, educational,
reservations, etc., all lands enumerated under the said provision all
correspond to agricultural land as understood under Section 3, Article XII of
the Constitution as open to alienation or disposition. The classification under
Section 9, therefore, is for purposes of administration and disposition, or
according to the purpose to which said lands are especially adapted.
Notwithstanding this classification, all of said lands are essentially agricultural
lands which may be alienated.

23

We will discuss the different types of concession to A&D lands next week
when we take up the modes of acquiring title to public lands. But for now let
me go to Section 48 thereof on Judicial Confirmation of imperfect or
incomplete titles.
Section 48 (A) -Imperfect Title from the Spanish Crown- wala na ngyon!
Section 3 of P.D. 1529 discontinued the use of Spanish Title-antagal na daw
hindi pa rin nagparegister sa torrens system. Instead Sec. 113 na and mag
original registered under spanish mortgage law, (recording of Unregistered
land)
Section 48 (B) of CA No. 141 pertaining to judicial confirmation of title
retained the requirement under Act No. 2874 of possession and occupation of
lands of the public domain since time immemorial or since July 26, 1894. But
this provision was superseded by Republic Act (RA) No. 1942, which
provided for a simple thirty-year prescriptive period for judicial confirmation of
imperfect title. The provision was last amended by PD No. 1073, which now
provides for possession and occupation of the land applied for since June 12,
1945, or earlier. (Section 14, Par. 1 of P.D. 1529) Thus, as it now reads:
(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.
4.

Forest Land- Presidential Decree No. 705 (Revised Forestry Code)

Definition of Forest Land - Forest lands include the public forest, the
permanent forest or forest reserves, and forest reservations.
Public Forest - Public forest is the mass of lands of the public domain which
has not been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which are
not.
Permanent Forest or Forest Reserves - Permanent forest or forest
reserves refer to those lands of the public domain which have been the
subject of the present system of classification and determined to be needed
for forest purposes.
Forest Reservations - Forest reservations refer to forest lands which have
been reserved by the President of the Philippines for any specific purpose or
purposes.

24

Production Forest - forest stands tended primarily for the production of

timber. This includes natural and man-made forests.
5.

Mineral Lands-R.A. 7931 (Mining Act of 1995)

Definition of Minerals - Minerals, for legal purposes, refers to all naturally

occurring inorganic substance in solid, gas, liquid or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
Definition of Mineral Lands under the old Mining Act (CA No. 137) - those
lands in which minerals exist in sufficient quantity or quality to justify the
necessary expenditures to be incurred in extracting and utilizing such
minerals
Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA
No. 7932) - any area where mineral resources are found
In relation to land titles - A certificate of title is considered void when it covers
property of public domain classified as mineral lands because possession of
mineral lands, no matter how long does not confer possessory rights.
6.
National Parks- Republic Act No. 7598 (National Integrated
Protected Area System Act)

New Class - It was introduced only in the 1987 Constitution as a distinct and
separate class of lands. National parks as a classification is implemented
under Republic Act No. 7586 or the NIPAS law (An Act Providing for the
Establishment and Management of National Integrated Protected Areas
System, Defining its Scope and Coverage for other Purposes)
Definition - a forest reservation essentially of natural wilderness character
which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set
aside as such exclusively to conserve the area or preserve the scenery, the
natural and historic objects, wild animals and plants therein and to provide
enjoyment of these features in such areas. It is a relatively large area not
materially altered by human activity where extractive resource uses are not
allowed and maintained to protect outstanding natural and scenic areas of
national or international significance for scientific, educational and
recreational use. (Section 4 par. (a) of RA No. 7586)

25

National Integrated Protected Areas System (NIPAS) is the classification

and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity,
to ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible.
Protected Area refers to identified portions of land and water set aside by
reason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation.
Protected landscapes/seascapes are areas of national significance which
are characterized by the harmonious interaction of man and land while
providing opportunities for public enjoyment through the recreation and
tourism within the normal lifestyle and economic activity of these areas.
MODES OF ACQUIRING TITLE TO PUBLIC LANDS
I. Ownership of Land must be traced to a government land grant
Remember that under the Regalian doctrine all lands belong to the State as
such private lands must be able to trace its root to a grant coming from the
State. Thus, it is indispensable that there must be a showing of title from the
state. One who claims private rights to public land must prove that he has
complied with the Public Land Act.
Additionally, the party claiming title to land must also show that the land has
been classified as alienable and disposable lands of the public domain. As
held in Menguito vs. Republic (2000), unless public land is shown to have
been reclassified or alienated to a private person by the state, it remains part
of the inalienable public domain. Occupation thereof in the concept of an
owner, no matter how long, cannot ripen into ownership and be registered as
a title. (As such, a surveyor-geodetic engineers notation does not constitute a
positive government act validly changing the classification of the land in
question)
A. Direct Grants (Homestead, Sales, Free Patent)
Land is given/awarded by the State to a public land applicant through a land
patent; land is considered as public land; applicant is qualified; applicant must
comply with the condition before the grant is awarded by the State and
caused its registration.
B. Indirect Grants (Prescription, Accretion and Accession)
Public land becomes ipso facto (by operation of law) private lands; the state
did not directly award the land (no award of land patent), a person acquires
26

the land upon fulfilment of certain conditions; merely confirms the title during
the proceedings where it is determined, during a court hearing that applicant
has qualification and has complied with all the conditions necessary for
confirmation of title.
C. Land grants excludes minerals (Sec. 110 of C.A. 141))
Constitutional limitation. All natural resources are owned by the State
(Article XII, 1987 Constitution). All public land patents issued to applicants
does not convey title to all kinds of mineral resources as the same remain to
be property of the State.
II. General Conditions Necessary for the Issuance of a Land Patent
(Direct Grant)
A. Alienable and Disposable Lands

Definition - Alienable and disposable lands refer to those lands of the

public domain which have been the subject of the present system of
classification and declared as not needed for forest purposes. (Sec. 3
P.D 705)

Under Act No. 926 (1903) - Spanish grants are deemed private lands

and not subject to classification; Section 19 of Act No. 496, titles in fee
simple (Exclusions)

Confirmation of Imperfect Titles applied under Spain, agricultural but

court determines suitability; (Section 48 of Act No. 926)

Public land disposition on lands suitable for agriculture as certified by the

forestry department;

Under Act No. 2874 (1919) - Present system of land classification of

public land was introduced;(This is an actual reproduction of CA 141)

Blocks of lands pre-classified even prior to disposition

Classification of land as a legal object;
Private lands and lands for confirmation of title not subject to
classification, land registration court makes determination

Under Republic Act No. 3872 (1964) - Cultural minorities can have titles
to Non-A and D Lands

Under Section 4, Presidential Decree No. 1073 (1977) - Confirmation

of Titles Limited in A and D Lands only)

Under Indigenous Peoples Rights Act of 1997 - Ancestral Domain as

private property of IP.

27

B. Surveyed and Delineated (Sec. 8)

General Rule: No survey no title - land survey is the means to determine
the relative location and area of land for purposes of property identification.
Except: Public interest upon the discretion of the President
C. Not for Public or Quasi-Public Use or Appropriated by the
Government. (Sec. 8 in relation to Sec. 83 C.A. 141- reservations for
public and semi-public purposes)
Alienable and Disposable Lands vs. Lands for Public Use
Public use- Direct use of the government or its subdivision
Quasi-Public- Ex. Highway, Right of Ways for Railroads, Hydraulic Power sites, irrigation
systems etc.
- It must be declared for such uses by the president through proclamation upon the
recommendation of the secretary of the DENR.

D. Not Private lands (Sec. 8)

The land must not be private property, nor on which a private right
authorized and recognized by this act or any valid law may be claimed
(Sec. 8, CA No. 141). If land is private already, the owner must file an
application for registration of land ownership; See Judicial confirmation of
imperfect title

Option of land owner is to obtain free patent if qualified. The owner is

deemed to have waived his ownership over the land in favour of the
State and thus can file a public land application for free patent. There is
an area limit if the land is public land (12 hectares under the 1987
Constitution) since it is a public land grant.

Patrimonial Property of the Government; Disposition is under Act No.

3038 through Sale

Remember the case of Buenaventura Balboa vs. Cecilia Faralles

Facts: Balboa applied for homestead under Act 926, he then submitted

proof of residence and cultivation as well as the other requirements of the

law under Act 926, the final proof was approved in 1918, the following
year Act 926 was repealed by Act 2874. In 1920 the homestead patent
was issued in favor of Balboa. In 1924 Balboa sold the land to Faralles
who later on succeeded in transferring it to his name. Subsequently,
Balboa sought to annul the sale alleging it being against the Sec. 116 of
Act No. 2874, trial court ruled that the sale is void , it being against Sec.
116 of Act No. 2874. Held: SC held that a perfected homestead is
property which may be sold and conveyed and will pass by descent. It
has the effect of a grant of the right to present and exclusive possession
28

of said land. Even without a patent, a perfected homestead is a property

right in the fullest sense, unaffected by the fact that the paramount title to
the land is in the Government. Such land may be conveyed or inherited.
The state has no power to divest or to impair vested rights because they
are protected by law which provides that no state "shall deprive any
person of life, liberty or property without due process of law. The right
vested in Balboa by Act No. 926 cannot be divested, impaired or
restricted by section 116 of Act No. 2874. Said right should be governed
entirely and exclusively by the provisions of Act No. 926, which it was
acquired.
E. Restrictions and limitations on Transfers of Land Patents

Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123)
- (Sec. 118 C.A. 141) Restrictions against alienation- Lands acquired
through Homestead and Free Patent cannot be alienated or encumbered for
five (5) years after the date of the issuance of the patent. Except, if it is in
favor of the government or any of its branches, units, or institutions. It cannot
also become liable to the satisfaction of any debt contracted prior to the
expiration of the said period but the improvements and crops may be
mortgaged or pledged to qualified persons (Filipino citizens and corporations
pursuant to Sec. 122)
- Lands covered by homesteads may not be alienated, transferred or
conveyed after five years and before twenty-five years after the issuance of
the title unless approved by the Secretary of DENR which shall be denied
only upon constitutional and legal grounds.
-(Sec. 119) Applicant or heir has the right to repurchase of lands
acquired under Free Patent and Homestead within 5 years from date of
conveyance.
Take note of the following cases:
Pascua vs. Talens wherein the court held that the homestead laws were
designed to distribute disposable agricultural lots of the State to land-destitute
citizens for their home and cultivation. In line with the primordial purpose to
favor the homesteader and his family the statute provides that such alienation
or conveyance shall be subject to the right of repurchase by the homesteader,
his widow or heirs within five years.
Santander et. al. vs. Villanueva (JBL Reyes) the law discourages
homesteaders from taking advantage of the "salutary policy behind the Public
Land Law to enable them to recover the land in question from (vendees) only
to dispose of it again at much greater profit to themselves.

29

Santana v. Marias, 1979 The underlying principle of Section 119 of

Commonwealth Act No. 141 is to give the homesteader or patentee every
chance to preserve for himself and his family the land that the State had
gratuitously given to him as a reward for his labor in cleaning and cultivating
it. Its basic objective is to promote public policy, that is, to provide home and
decent living for destitutes, aimed at promoting a class of independent small
landholders which is the bulwark of peace and order.
Simeon vs. Pea; Sps. Gavin and Benzonan vs. CA; Santana and
Panganiban vs. Marinas 1979; Vargas and Vargas vs. CA 1979 and Bejenting
vs. Banez 2006 The repurchase was not allowed as the motives for the
repurchase was for speculation and for profit.
-(Sec. 120) Conveyance made by illiterate Non-Christian Filipinos or
literate Non Christian Filipinos when the instrument of conveyance is in a
language not understood by the said literate non-christian shall not be valid
unless approved by the chairman of the commission of national integration
(now the NCIP)
-(Sec. 121) No corporation, association or partnership may acquire
lands acquired through free patent, homestead and sales provision of the act,
except if for commercial, industrial, educational, religious or charitable
purposes or for a right of way and always with the consent of the grantee and
the approval of the secretary of the DENR.
-(Sec. 123) No lands originally acquired pursuant to laws relating to
public land prior to the enactment of CA 141 shall be alienated or conveyed
except to persons, corporations or associations who may acquire lands of
the public domain under CA141 except if transfer is by hereditary succession.
If the lands mentioned herein are alienated to persons not legally capacitated
to acquire said lands/improvement, they shall be obliged to sell it to others
who are capacitated within 5 years, otherwise, it shall revert to the
government.

RA 730 allows the sale without public auction of public lands for

residential purposes under conditions provided by law. (may be said to

be the predecessor of RA 10023, but this is still an existing law)

Presidential Decree No. 2004 (Section 2) Lands acquired under the

provisions of RA 730 shall not be subject to any restrictions against

encumbrance or alienation before and after the issuance of the patents
thereon.

Republic Act No. 10023 (Section 5) Restrictions regarding

encumbrances, conveyances and transfers under CA 141 shall not apply

to patents issued under RA 10023
RA 730

RA 10023

30

Who may apply: Filipino citizen of legal age who is

not the owner of a home lot in the municipality or
city in which he resides and who has in good faith
established his residence on a parcel of the public
land which is not needed for the public service (in
short occupant of public land)

Who may apply: Filipino Citizen who is an actual

occupant off a residential land

Land should not exceed 1000 sq. meters

Land should not exceed 200 sq. meters in highly

urbanized area;500 sq. meters in other cities;750
sq. meters in first and second class municipalities;
1,000 sq. meters in other municipalities

Occupant must have constructed his house on the

land and actually resided therein

Land must not be needed for public service/use

Occupant shall be given preference to purchase at a Covers all lands zoned as residential areas
private sale (difference from homestead or sale
including townsites and those in a delisted military
under CA 141 is that there is public sale under CA
reservation and those within NIPAS areas
141)
Restriction is 10 years from the issuance of patent
(Repealed by Sec. 2 PD 2004)

No restrictions against alienation and transfer

Area limitation under the Constitution and the law

Under the Philippine Bill of 1902 - 16 hectares

Under 1936 Constitution - 24 hectares
Under 1973 Constitution - 24 hectares
Under 1987 Constitution - 12 hectares Thus: CA 141 must comply with

the requirement of the constitution specially on the area limitations and the
qualifications for the grant.

F. Qualification of Applicant
Citizenship
Only citizens of the Philippines can be a grantee of public land; Non-Citizen
cannot be a grantee of public land; In Free Patent, it is required that the
applicant is a natural born citizen of the Philippines. Corporations not allowed
since 1973 to acquire public lands, however, a corporation can lease public
lands up to 1,000 hectares (1987 Constitution)
In registration of lands, corporations are allowed to register lands that has
already been acquired by its predecessor through indirect grant; rationale the land is already private when acquired and is not part of the public domain
anymore. Registration does not confirm ownership. See Judicial Confirmation
of Title

31

Age
In general, there is no age limitation in public land grants; except in
homestead, the applicant must be 18 years or head of Family if minor
G. Public Land Grants in Agricultural Lands
1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth
Act No. 141
What do you mean by Homestead?
-By homestead is meant the home, the house and the adjoining land where
the head of the family dwells; the home farm; the fixed residence of the head
of a family, with the land and buildings surrounding the main house. Oliver vs.
Snowden 18 Fla.825
-Technically, and under modern homestead laws, it is an artificial estate in
land, devised to protect the possession and enjoyment of the owner against
the claims of his creditors, by withdrawing the property from execution and
forced sale, so long as the land is occupied as a home. Buckingham vs.
Buckingham 8 Mich. 89
For our purposes we shall simply refer to it as the patent issued to frontier
lands and newly released A and D lands where no possessory rights exists.
Who may apply?
-Citizen of the Philippines over the age of eighteen (18) years, or is the head
of a family
-He does not own or is a recipient of a government award of more than 12
hectares of land.
General Rule: only one homestead entry
Except: Applicant is previously granted a homestead of less than twelve (12)
hectares may enter into a subsequent homestead provided that the total area
of the homesteads do not exceed twelve (12) hectares. (C.A. 456)
Upon approval of homestead application, homesteader is allowed to enter
and cultivate the A & D lands
Grant of homestead patent is conditioned upon entry, occupation,
improvement, cultivation (1/5 of the land), residency (1 year) and final proof
within 5 years
Take note of the case of Addu vs. De Yrro G.R. No. 29449-R, March 31, 1965
where it was held that a homestead applicant is required by law to occupy
and cultivate the land for his own and his familys benefit, and not for the
benefit of someone else. If he occupies it and cultivates it on behalf of
32

another person and obtains title thereto on the understanding that a portion
thereof would be transferred to the latter, such agreement is invalid. It is a
ground for cancellation of the entry and bars the issuance of a patent.
Homesteader cannot use share tenancy in complying with the conditions
(1973) under Presidential Decree No. 152
Effect on Homestead upon the passage of RA No. 6657: Original homestead
grantees or direct compulsory heirs who still own the original homestead at
the time of the approval of CARL keeps to retain the same areas as long as
they continue to cultivate the homestead under Section 6 of RA No. 6657 as
amended.
Special limitation: Grantee may not alienate or encumber without the consent
of the Secretary of the DENR for 10 years from the title is granted to the
grantee. Effect: Such alienation shall be null and void and the property shall
be reverted back to the state.
Case: Dauan vs. Secretary of Agriculture and Natural Resources
Facts: Lands originally applied as homestead were sold (rights) to different
persons but made without the approval of the Secretary.
Held: Sale is not valid for being against Sec. 20 of the Public Land Act. Every
transfer made without the previous approval of the Secretary of Agriculture
and Commerce shall be null and void and shall result in the cancellation of
the entry and the refusal of the patent.
2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No.
141
Who my apply? (sec. 22)
-Any citizen of the Philippines over 18 years or head of the family.
-Corporation 60% of capital stock or interest are wholly owned by Filipinos
Limit: Individual: 144 hectares
Corporations: 1024 hectares
Take note that this provision is still subject to the 1987 Constitution thus: Only
to Filipino Citizens and only unto 12 hectares
Upon application, land is appraised and notice is made by publication for
bidding on the land;
The award is conditioned upon appraisal, bidding, entry and cultivation of not
less than 1/5 of the land within 5 years from the date of the award (Must be
proved) and payment.
Payment by 10 equal yearly installment or full payment is allowed
33

Cancellation of Purchase (Sec. 30): If at anytime after the date of the award
and before the issuance of the patent it is proved to the Director of Lands that
the purchaser has abandoned the land for more than 1 year or has not
complied with the requirements of the law the land shall revert back fro the
state (with notice and hearing at the administrative level; pleading is Protest)
All prior payments and improvements shall be forfeited.
Special limitation: Grantee may not alienate or encumber without the consent
of the Secretary of the DENR for 10 years from the title is granted to the
grantee. Effect: Such alienation shall be null and void and the property shall
be reverted back to the state.
3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No.
141;
Strictly speaking, lease is not a mode of acquiring ownership of lands of the
public domain. Ownership remains vested in the state, but by virtue of the
grant, qualified holders are allowed legal possession of the land for the period
of time and conditions laid down in the grant.
Who may apply: (Sec. 33) Any Filipino citizen of lawful age, or any
corporation or association of which 60% of the capital stock or of any interest
in said capital stock belongs wholly to Filipinos may lease land of the public
domain of an area not exceeding 1024 hectares, or, if to be devoted to
grazing land, not to exceed two thousand (2000) hectares. Again, the area
provided by law should be read in connection with the 1987 Constitution,
which allows the lease of lands of the public domain to an area not to exceed
one thousand (1,000) hectares for private Filipino corporations, and five
hundred (500) hectares for Filipino citizens.
Lease Term: (Sec. 38) In conformity with the provisions of the Constitution,
the Public Land Act provides that lease of the land shall run for a period of not
more than twenty-five (25) years, but may be renewed once for another
period of not to exceed twenty-five (25) years, in case the lessee shall have
made important improvements which, in the discretion of the Secretary of
Environmental and Natural Resources justify a renewal.
Take note that an appraisal of the land is needed to fix the amount of the rent
which shall be not less than three percent (3%) of the value of the land, with
the exception of leases covering grazing land, the rental amount shall not be
less than two percent (2%) of the lands appraised value. (Sec. 37)
4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth
Act No. 141.
This is what is known as Administrative Confirmation of Imperfect Titles.
Who may apply?
34

Any natural born citizen of the Philippines who does not yet own more than
twelve (12) hectares of agricultural land (formerly 24 hectares) may apply for
a free patent.
However, before such patent is issued, the Director of Lands must be
satisfied that:
(a)The applicant, or his predecessors-in-interest, including members of
national cultural minorities,has continuously occupied and cultivated
agricultural land of the public domain;
(b)Occupation and cultivation has been (a) for members of national cultural
minorities, since 4 July 1955, whether or not the land occupied is disposable
or not,or (b) for all other applicants, for a period of at least thirty (30) years
since 28 March 1990(the effectivity date of RA 9176 which amended Sec. 44
of the Public Land Act), or that even absent cultivation, the applicant has paid
real property taxes on the land for the same period that that the said land has
not been occupied by any other person;
(c)Notice of the application has been published in the municipality and barrio
in which the land is located and adverse claimants have had an opportunity to
present their claims.
Conditioned upon occupation/possession and payment of real property taxes
for a certain period
Last amendment on the requirements for free patent under Republic Act No.
6940; continuously occupied and cultivation and payment real property tax for
30 years prior to 1990)
H. Public Land Grants In Residential, Commercial, Industrial Lands
1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of
Commonwealth Act No 141;
Same as agricultural sale;
Appraisal; bidding; entry; introduction of improvements; and payment
2. Republic Act No. 730 (1952) - Direct sale of residential lands subject
to conditions
Any citizen of legal age, not the owner of a home lot in the municipality or city;
in good faith established his residence on a parcel; not needed for the public
service; private or direct sale (appraisal but no bidding); not more than one
thousand square meters; occupants has constructed his house on the land
and actually resided therein. 10% payment upon approval balance may be
paid in full, or in ten equal annual installments; restriction on transfer 15
years;
35

Restriction was removed under PD No. 2004 (1985)

3. Batas Pambansa Bilang 223 (1982-1987)
patent

- limited residential free

Conditions - any citizen, not a registered owner of a residential land in 5th

class municipalities, has been actually residing on, and continuously
possessing and occupying, under a bona fide claim of acquisition of
ownership, paid all the real estate taxes thereon since June 12, 1945, and not
to exceed 3,000 sqm;
Not applicable in cities, and in in first class, second class third class, and
fourth class municipalities, and in townsite reservations;
Law expires in 1987 without being extended
4. Republic Act No. 10023 (2010) - Residential Free Patent Law
Conditions - any citizen; actual occupant, resided under a bona fide claim of
ownership for 10 years; land not needed for public service and/or public use;
all lands zoned as residential; townsites included; delisted military reservation
or abandoned military camp included; actual survey; two supporting affidavits
of disinterested person(residents)
Applies to all cities and municipalities
I. Restrictions on Patents
Patents issued by the government are subject to the following restrictions:
1. On Transfers and Conveyances
Free patents and homestead patents issued by the government are subject
to restrictions regarding transfer and mortgage under Sections 118, 119,
120, 121 and 122 of the present Public Land Act.
Sales patents on the other hand are covered by Sections 121 and 122.
A qualified restrictions on all patents sold be national cultural minorities are
covered by Section 120.
Republic Act No. 730 that provides for the direct sale of residential lands
has restrictions on transfer and encumbrance of 15 years, however, the
same was removed by Presidential Decree No. 2004 in 1985 declaring that
paragraph 2 of the said law is too onerous and prevents utilization of the
land.
Republic Act No. 10023 altogether removed the restrictions that are
attached to Free Patents under Section 5.

36

The policy of the government recently is to encourage he development of

formal land market by making the titles to the land tradable.
2. Easements and Servitudes
The land patented shall likewise be subject to public servitudes that exist
upon lands owned by private persons, including those with reference to the
littoral of the sea and the banks of navigable rivers (Section 111, PLA).
The state likewise reserves a right of way not exceeding sixty (60) meters
for public highways, railroads, irrigation, ditches, aqueducts, telegraph and
telephone lines and similar works as the government or any public or quasipublic service or enterprise including mining or forest concessionaires, may
reasonably require for carrying on its business, with damages to
improvements only.
Republic Act No. 1273 amended Section 90 of the PLA and provided that a
strip forty (40) meters wide starting from the bank on each side of any river
or stream that may be found on the land patented shall be demarcated and
preserved as permanent timberland to be planted exclusively to trees of
known economic value, and that the grantee shall not make any clearing
thereon or utilize the same for ordinary farming purposes even after patent
shall have been issued to him or a contract of lease shall have been
executed in his favor.

37

III. Titles obtained by operation of law (Section 14, PD 1529)

General Considerations
- Title was obtained not by registration but by operations of law under
the assumption that the occupant of the land is qualified and has complied
with the conditions set forth. The law creates a legal fiction whereby the
land, upon completion of the requisite period ipso jure and without the need
of judicial or other sanction, ceases to be public land and become private
property.
- The title is vested to the ipso facto but it has to be confirmed by the State
and registered.
- The land must be alienable and disposable lands of the public domain.
Section 4 of PD No. 1073 (1977) amending Section 48 (b) and (c) and
Judicial confirmation of imperfect title based on unperfected Spanish grants
are no longer allowed. Adopted in PD No. 1529, Section 14 (a) in 1978.
Concept of Adverse Possession & Prescription
- To constitute the foundation of prescriptive rights, possession must be
under the claim of title and adverse to all other claimants (open,
continuous, exclusive, notorious possession). Must be adverse and not
merely tolerated. Prescription - prescription does not run against the
government except when it is provided by law; does not run on registered
land. It is sufficient that the land is A and D at the time of application, the
period of possession prior to declaration of A and D is included. Old view:
time when the land is still inalienable is excluded in computing period of
adverse possession.
A. Section 14, Paragraph (a) 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;
- In 1976 all holders of Spanish titles or grants should apply for registration
of their lands under Act No. 496 within six (6) months afterwards Spanish
titles cannot be used as evidence of land ownership in any registration
proceedings under the Torrens system P.D. No. 892;
-In 1977 lands that are not declared alienable and disposable are no longer
included however long the possession of the applicant was; judicial
confirmation of incomplete titles to public land based on unperfected
Spanish under the laws and royal decrees in force prior to the transfer or
sovereignty from Spain to the United States are disallowed (Presidential
Decree No. 1073).
-Elements: (as held in Republic vs. Malabanan 2009/2013)
38

1.Applicant must be in possession and occupation of the land.

2.Possession and occupation must be Open, Continous, Exclusive
and Notorious.
3.Possession and occupation must be under a bona fide claim of
acquisition of ownership.
4.Possession and occupation must have taken place since June 12,
1945.
5.Land must be agricultural lands of the public domain.
Take Note of Republic vs. Malabanan which laid down the present rule on
Disposition of Public Lands:
1.Agricultural lands of the public domain are rendered a&d through any
of the modes in Section 11 of CA 141. If the mode is judicial confirmation
of imperfect title under Section 48(b) of the Public Land Act, the
agricultural land subject of the application needs only to be
classified as alienable and disposable as of the time of the
application, provided the applicants possession and occupation of
the land dated back to June 12, 1945, or earlier. Thereby, a conclusive
presumption that the applicant has performed all the conditions essential
to a government grant arises, and the applicant becomes the owner of
the land by virtue of an imperfect or incomplete title. By legal fiction, the
land has already ceased to be part of the public domain and has become
private property.
2.Lands of the public domain subsequently classified or declared
as no longer intended for public use or for the development of
national wealth are removed from the sphere of public dominion
and are considered converted into patrimonial lands or lands of
private ownership that may be alienated or disposed through any of
the modes of acquiring ownership under the Civil Code. If the mode
of acquisition is prescription, whether ordinary or extraordinary, proof
that the land has been already converted to private ownership prior
to the requisite acquisitive prescriptive period is a condition sine
qua non in observance of the law (Article 1113, Civil Code) that
property of the State not patrimonial in character shall not be the object
of prescription.
-Period of possession before declaration of A and D is not important for
disposition as long as the land is A and D at the time of application.
-Evidence to Prove Adverse Possession
Tax Declarations - Not conclusive evidence of ownership but are good
indicia of possession in the concept of the owner. It is at least a proof that
39

the holder has a claim of title over the property. It announces the tax
payers adverse claim against the State and other interested parties.
B. Section 14, Paragraph (b) - Those who have acquired ownership of
private lands by prescription under the provision of existing laws;
Prescription of thirty (30) years begins from the moment the State expressly
declares that the public dominion property is no longer intended for public
service or the development of the national wealth or that the property has
been converted into patrimonial.
Republic vs. De Guzman (2000) which held that prior to its declaration as
alienable land, any occupation or possession thereon cannot be
considered in the counting of the thirty year possession requirement.
The rules on the confirmation of imperfect titles do not apply unless and until
the land classified as forest land is released in an official proclamation to that
effect so that it may form part of the disposable agricultural lands of the public
domain. Also, forest lands or forest reserves are not capable of private
appropriation and possession thereof, however long, cannot convert them
into private property. Possession of the land by private respondents, whether
spanning decades or centuries, could never ripen into ownership.
San Miguel Corporation vs. CA (1990) Open, continuous, exclusive and
notorious occupation of the land for more than 30 years must be conclusively
established. This quantum of proof is necessary to avoid the erroneous
validation of actually fictitious claims of possession over the property in
dispute. Documentary evidence of tax declarations and receipts are not
conclusive evidence of ownership or right of possession over a piece of land
but mere indicia of a claim of ownership. They only become strong evidence
of ownership of land acquired by prescription when accompanied by proof of
actual possession.
Republic vs. East Silverland Realty Co. (2012)
Section 14 (1), requires possession and occupation in such a sense that
it excludes constructive possession. Actual possession of a land consists
in the manifestation of acts of dominion over it of such a nature as a party
would naturally exercise over his own property. Tax Declarations are not
competent evidence of actual possession and occupation. Planting of trees in
the absence of evidence that the applicant is the one who planted it is
insufficient evidence of possession and occupation.
Jean Tan vs. Republic (2012)
Possession should be in the concept of an owner, public, peaceful,
uninterrupted and adverse. Possession is open when it is patent, visible,
40

apparent, notorious and not clandestine. It is continuous when uninterrupted,

unbroken and not intermittent or occasional; exclusive when the adverse
possessor can show exclusive dominion over the land and an appropriation of
it to his own use and benefit; and notorious when it is so conspicuous that it is
generally known and talked of by the public or the people in the
neighborhood. The party who asserts ownership by adverse possession must
prove the presence of the essential elements of acquisitive prescription.
C. Section 14, Paragraph (c) - Right of accession or accretion;

- Article 457 of Civil Code to the owners of lands adjoining the banks of
rivers belong the accretion which they gradually receive from the effects of
the current of the waters; Law Of The Waters - the accretion resulting from
the gradual deposit by or sedimentation from the waters belongs to the
owners of the land bordering on streams, torrents, lakes, or rivers;

- By law, accretion - the gradual and imperceptible deposit made through

the effects of the current of the water belongs to the owner of the land
adjacent to the banks of rivers where it forms. The drying up of the river is
not accretion. Hence, the dried-up river bed belongs to the State as
property of public dominion, not to the riparian owner; they are not open to
registration under the Land Registration Act. The adjudication of the lands
in as private property is null and void. (Republic vs. Santos III and Santos
Jr. November 2012)

- Ownership over the accretion received by the land adjoining a river is

governed by the Civil Code; but land has to be registered otherwise it can
be lost by reason of prescription and/or occupation of others.

- Ignacio Grande vs. CA (1962) Accessions does not by extension ipso facto
become registered land.Ownership of a piece of land is one thing, and
registration under the Torrens system of that ownership is quite another.
Ownership over the accretion received by the land adjoining a river is
governed by the Civil Code. Imprescriptibility of registered land is provided
in the registration law. Registration under the Land Registration and
Cadastral Acts does not vest or give title to the land, but merely confirms
and thereafter protects the title already possessed by the owner, making it
imprescriptible by occupation of third parties.
D. Section 14, Paragraph (d) - Those who have acquired ownership of
land in any other manner provided for by law.
E. Title issued under CARP (Republic Act No. 6657, as amended by
Republic Act No. 9700)

41

Coverage
All alienable and disposable lands of the public domain devoted to or
suitable for agriculture. All other lands owned by the Government devoted
to or suitable for agriculture; and All private lands devoted to or suitable for
agriculture regardless of the agricultural products raised or that can be
raised thereon.
Exemptions and Exclusions. (Section 10, RA No. 6657)
Lands actually, directly and exclusively used for parks, wildlife, forest
reserves, reforestation, fish sanctuaries and breeding grounds, watersheds
and mangroves; private lands used for prawn farms and fishponds; lands
used and necessary for national defense, school sites and campuses,
public or private schools for educational purposes, seeds and seedlings
research and pilot production center, church sites and convents
appurtenant, mosque sites and Islamic centers, communal burial grounds
and cemeteries, penal colonies and penal farms actually worked by the
inmates, government and private research and quarantine centers and all
lands with eighteen percent (18%) slope and over, except those already
developed.
Retention Limits Land Area
Retention by the landowner shall not exceed five (5) hectares.
Three (3) hectares may be awarded to each child of the landowner, subject
to the following qualifications: (1) that he is at least fifteen (15) years of
age; and (2) that he is actually tilling the land or directly managing the farm.
Landowners whose lands have been covered by Presidential Decree No.
27 shall be allowed to keep the area originally retained by them thereunder;
Original homestead grantees or direct compulsory heirs who still own the
original homestead at the time of the approval of this Act shall retain the
same areas as long as they continue to cultivate said homestead.
Ceiling of Award to Beneficiaries
Not exceeding three (3) hectares, which may cover a contiguous tract of
land or several parcels of land cumulated up to the prescribed award limits.
A landless beneficiary is one who owns less than three (3) hectares of
agricultural land.
Transferability of Awarded Lands
CLOAs cannot be sold, transferred or conveyed for ten (10) years except
by:
Hereditary succession;
42

To the government
To the Land Bank
Other qualified beneficiaries through the DAR.
Practical Tip: If you have a client who wants to buy lands covered by
CLOAs do not buy it yet within the 10 years. What you do is to lease it from
the awardee until the expiration of the period before you buy it after the 10
year period. That way you would have made a contractual obligation with
the awardee within the 10 year period.
Repurchase
Children or the spouse of the transferor within a period of two (2) years
(Sold to the Government and Land Bank)
Collective Titles
Option provided that the total area that may be awarded shall not exceed
the total award limit of all beneficiary. Title to the property shall be issued in
the name of the co-owners or the cooperative or collective organization as
the case may be. If the certificates of land ownership award are given to
cooperatives then the names of the beneficiaries must also be listed in the
same certificate of land ownership award.
Take note that by virtue of DOJ OPINION NO. 100, s. 2012, November 13,
2012 Untitled Private Agricultural Lands which are in excess of 12
hectares shall be turned over to the DENR for disposition it being part of
the public domain applying sec. 31 of the Public Land Act.
F. Title issued under IPRA Law
Pertinent provisions of the Law are: Sec. 3 (a) (b) (c) and (d), Sec. 5, 6, 7 and 8
Ancestral Domain-all areas generally belonging to ICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of ownership,
occupied or possessed by ICCs/IPs, by themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are necessary to ensure
their economic, social and cultural welfare. It shall include ancestral lands, forests,
pasture, residential, agricultural, and other lands individually owned whether alienable
and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and lands which may no longer be
exclusively occupied by ICCs/IPs but from which they traditionally had access to for
their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators;
Ancestral Lands- land occupied, possessed and utilized by individuals, families and
clans who are members of the ICCs/IPs since time immemorial, by themselves or
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through their predecessors-in-interest, under claims of individual or traditional group

ownership, continuously, to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth, or as a consequence of government projects
and other voluntary dealings entered into by government and private individuals/
corporations, including, but not limited to, residential lots, rice terraces or paddies,
private forests, swidden farms and tree lots;
Identification and Delineation of Ancestral Domain (sec. 51, 52, 53)
Principle is Self-Delineation which granted the ICC/IPs a decisive role in the
identification of these traditional lands.
Issuance of Ancestral Domain Certificate
-Lands must be official delineated first; it must also be registered in the RD
Ancestral Domain and the Regalian Doctrine
Cruz vs. DENR (2000)
Ownership over the natural resources in the ancestral domains remains with the
State and the rights granted by the IPRA to the ICCs/IPs over the natural resources
in their ancestral domains merely gives them, as owners and occupants of the land
on which the resources are found, the right to the small scale utilization of these
resources, and at the same time, a priority in their large scale development and
exploitation.
Additionally, ancestral lands and ancestral domains are not part of the lands of the
public domain. They are private lands and belong to the ICCs/IPs by native title,
which is a concept of private land title that existed irrespective of any royal grant from
the State. However, the right of ownership and possession by the ICCs/IPs of their
ancestral domains is a limited form of ownership and does not include the right to
alienate the same.

Procedure and Processes

I. Public Land Applications
a. General Rules
The right to lands disposed by the State through patents are
administratively determined during the public land application process. The
process is not adversarial since the applicant does not claim private
ownership on the land. The applicant in public land applications is asking
the State for a land grant base on Article XII of the Constitution that allows
citizens to received alienable and disposable lands, subject to certain
conditions, from the State by way of homestead, sale or grants. It is
conditioned generally on the utilization of the land for productive purposes.
During the process of adjudication, the applicant establishes his/her
personal qualification and proves his/her fulfilment of the conditions
necessary for the issuance of the particular grant or patent that he/she
applied for.
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The government agency that handles the adjudication process is the DENR
under Commonwealth Act No. 141 (Public Land Act) as amended, Republic
Act No. 10023 (Residential Free Patent Law) and Republic Act No. 730
(Direct Sale of Residential Lands). Generally, the DENR has exclusive
jurisdiction over the disposition of lands of the public domain in the
absence of specific legislation to the contrary.
Public land applications are processed at the DENR Community
Environment and Natural Resources Office (CENRO) and patents are
generally signed and issued by the DENR Provincial Environment and
Natural Resources Office (PENRO). The approved and signed patents are
transmitted to the Register of Deeds of the province or city by the DENR for
registration (Section 103 of PD No. 1529). Application for a public land
grant is administrative in nature although the DENR is exercising in the
process quasi-judicial powers when adjudicating applications and has
authority to to determine conflicting claims of applicants and occupants of
public land (Section 102, PLA) subject to judicial review in case of fraud,
imposition or mistake, other than error of judgment in estimating the value
or effect of evidence.
The authority to sign patents is generally vested to the President of the
Philippines as Chief Executive. Throughout the years, however, the signing
of patent was decentralised by Congress to the different levels within the
bureaucracy of the DENR. Under E.O. No. 192 (1987) reorganizing and the
integration of the different Bureaus under the in the Regional/Field Office
Set-up, the Secretary of the newly organized DENR was given a general
mandate to implement public land laws, with powers to delegate includes
the power to sign patents and to delegate the same to such officers as he
may deem fit. At present, up to 5 hectares (PENRO), more than 5 but not
exceeding 10 (RED), in excess of 10 (Secretary). Under Republic Act No.
10023, the authority to sign patent was specifically delegated by Congress
to the PENRO (Section 6, RA No. 10023)
b. The processes and procedure are governed by administrative
orders, circulars and manuals; below is a summary of the process:
1. Survey of the Land
Survey is a requirement before public lands can be disposed to private
persons under the different public land laws.
Survey is necessary in order to identify the land and delineates its
boundaries.
DENR has records of all approved land surveys. If the land has no
approved survey, the applicant must request for a survey authority from the
DENR in order to have the land surveyed by a private geodetic engineer.
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If the land is unsurveyed, the applicant may file the Public Land Application
first and thereafter request for a survey authority/order to delineate his/her
claim.
The DENR sometimes conduct simultaneous survey and adjudication of
land (systematic adjudication process).
2. Filing of Application (CENRO)
Non-lawyers can file and process public land applications (PLA) since the
procedure is non-technical, informal and not adversarial. DENR personnel
assist PLA applicants in the accomplishment of forms and gathering of
documents, evidence and certifications in support of the application
Public Land Applications are submitted under oath; DENR officers may
administer oath to applicants when filing an application
A representative with Special Power of Attorney may file in behalf of the
applicant
Application must be complete including all documentary requirements to
enable the land examiner and/or inspector to evaluate the application.
3. Examination of the Applicant for Personal Qualification to own
public land
Check the nationality of the applicant
Check land holdings of the applicant in the land allocation record book
4. Examination and Inspection of the Land
Ocular Inspection by the Land Inspector to check status (A & D), actual use
of the land and to validate if there are claims or conflicts on the ground
Notice of the application shall be posted by the DENR
Prepare Inspection Report by the Public Land Inspector
Inspection report must be approved by the Land Management Officer
5. Approval of application
-In Free Patents, upon approval of application, a patent is prepared at the
CENRO for signing of the PENRO
-In Homestead, upon approval of the application, an entry permit is issued
allowing the homesteader to enter, occupy and cultivate the land upon
payment of the entry fee.
Final Proof upon completion of the 1/5 cultivation requirement has to be
filed by the homesteader
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Re-investigation and preparation of Re-investigation report, (Cultivation,

residency, etc) upon filing of the filial proof
-In Ordinary Sales, upon approval of the application, the land shall be
appraised and the sale shall be published for bidding.
The land shall be awarded to the highest bidder.
The applicant, however, can match the highest bid to secure the award.
Upon full payment (10 equal yearly instalment is allowed), the DENR shall
inspect the land to check compliance and shall prepare a re-investigation
report;
-In Direct Sale under Republic Act No. 730, upon approval of the
application, the land shall be appraised by an Appraisal Committee at the
CENRO.
There is no bidding under RA No. 730
The appraisal has to be approved by the DENR Secretary before an Order
of Payment shall be issued.
Upon full payment (10 equal yearly instalment is allowed), the DENR shall
inspect the land to check compliance and shall prepare a re-investigation
report;
6. Approval and Signing of the Patent
Approval and signing of Patents under E.O. No. 192 (1987), the Secretary
of the DENR was given a general mandate to implement public land laws
including the power to delegate the signing of patents. At present, the
signing authority is as follows: up to 5 hectares Provincial Environment
and Natural Resources Officer (PENRO), more than 5 but not
exceeding 10 Regional Executive Director (RED), in excess of 10
(Secretary).
But under Republic Act No. 10023, the PENRO is specifically designated
by the law as the final approving officer of Residential Free Patents.
7.
Transmission to the Register of Deeds of the Patent by the
Approving Officer (See Section 103, PD No. 1529)
It is the duty of the approving officer to transmit the Patent to the Register
of Deeds for registration. Applicants, however, shall pay the necessary
registration fees before the registered patents are released to them.
CASES:
(55) Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102
Phil 706)
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(56) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934;
(57) Custodio Mari vs. Secretary of Agriculture and Natural Resources
(G.R. No. L-5622, December 29, 1952);
(58) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)

II. Confirmation of Imperfect Title

1. General Rules
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.
Powers of the Land Registration Authority
a) Section 6 of PD 1529
b) Register of Deeds, see Section 10 of PD 1529
Take Note of the difference between Ordinary vs. Cadastral
Proceedings
Ordinary is isolated and voluntary - pertains to isolated parcel of land
initiated voluntarily by the land owner/occupant
Cadastral is mass and compulsory - pertains to a proceedings
covering all the parcels in the municipality/city; initiated by the
government
2. Ordinary Registration Procedure (See Section 14 to 30 PD No.
1529)
a) Filing of the application (Regional Trial Court, BP No. 129)
b) Issuance of an Order setting the date and hour of the Initial
hearing which shall not be earlier than forty-five days nor later than
ninety days from the date of the order.
a) Notices
Publication Official Gazette;
Mailing; and
Posting.
b) Filing of Opposition
Any person claiming an interest may appear and file an
opposition on or before the date of initial hearing or anytime as
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may be allowed by the court. The opposition shall state all the
objections to the application and shall set forth the interest
claimed by the party; the remedy desired; signed and sworn;
c) Initial/Jurisdictional hearing
Applicant presents evidence of compliance to the order of the
court for notices on the setting of initial hearing; court will ask if
there are oppositions
d) Order of Default
If no person appears and answers, upon motion of the
applicant the court may order a default to be recorded and
require the applicant to present evidence. But when an
appearance has been entered and an answer filed, a default
order shall be entered against persons who did not appear and
answer.
e) Hearing/Referee/Commisioner The court may hear the case (applicant presents evidence;
oppositors presents evidence) or refer the case or any part to a
referee; hearing at any place within the province; submit his
report thereon to the court within fifteen days after the
termination of such hearing. Court may adopt the report or set
it aside for further proceedings;
f) Judgement Within ninety (90) days from the date the case is submitted for
decision. The Court, after considering the evidence and the
reports of the Commissioner of Land Registration and the
Director of Lands, finds that the applicant or the oppositor has
sufficient title proper for registration, judgment shall be
rendered confirming the title of the applicant, or the oppositor,
to the land. Becomes final upon the expiration of thirty (30)
days to be counted from the data of receipt of notice of the
judgment. An appeal may be taken from the judgment of the
court as in ordinary civil cases.
Partial Judgement - All conflicting claims of ownership and
interest in the land subject of the application determined by the
court but the court may render partial judgement where only a
portion of the land is contested.

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g) Issuance of Decree
After judgment has become final and executory, the court issue
an order to LRA for the issuance of the decree of registration
and the corresponding certificate of title in favor of the person
adjudged entitled to registration
h) Transmission of the Decree to the Register of Deeds
3. Cadastral Registration Proceedings (Sections 35-38 of PD No. 1529)
I. Cadastral Survey of the land
Order of the Director of Lands to cause a cadastral survey of the lands and
the plans and technical description be prepared.
First Notice- Notice to persons claiming any interest in the lands as well as
to the general public of the survey, giving as fully and a c c u r a t e l y a s
possible the description of the lands by publication
once in the Official
Gazzette.
- Posting in a conspicuous place on the bulletin board of the municipal
building of the municipality in which the lands or any portion thereof is
situated.
- Notice to the mayor of such municipality as well as to the barangay
captain and likewise to the Sangguniang Panlalawigan and the
Sangguniang Bayan concerned.
Second Notice - Notice of the date on which the survey of any
portion of
such lands by posting in the bulletin board of the municipal building of the
municipality or barrio in which the lands are situated by the GE or DENR.
Duty of the Geodetic Engineer - To enter upon the lands for the purpose of
the survey; and to mark the boundaries of the lands by monuments set up
in proper places thereon.
Duty of the claimant/s - communicate with the Geodetic Engineer upon his
request for all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims
any interest.
Penalty: Any person who shall wilfully obstruct the making of any survey
undertaken by the Bureau of Lands or by a licensed Geodetic Engineer
duly authorized to conduct the survey under this Section, or shall
maliciously interfere with the placing of any monument or remove such
monument, or shall destroy or remove any notice of survey posted on the
land pursuant to law, shall be punished by a fine of not more than one
thousand pesos or by imprisonment for not more than one year, or both.
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II. Filing of Petition by DENR

After the survey the DENR thorough the Solicitor General shall institute
original registration proceedings by filing a petition in Regional Trial Court
of the place where the land is situated against the holders, claimants,
possessors, or occupants of such lands stating that such titles to the land
be settled and adjudicated.
Contents:
A description of the lands and shall be accompanied by a plan; and
May contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right
or interest therein.
Where the land consists of two or more parcels held or occupied by
different persons, the plan shall indicate the boundaries of the parcels
The parcels shall be known as "lots" and shall on the plan filed in the
case be given separate numbers by the Director of Lands, which
numbers shall be known as "cadastral lot numbers.
The lots situated within each municipality shall be numbered
consecutively beginning with number one and only one series of
numbers shall be used. However in cities or townsites, a designation
of the landholdings by blocks and lot numbers may be employed
instead of the designation by cadastral lot numbers.
The cadastral number of a lot shall not be changed after final decision
has been entered decreasing the registration thereof, except by order
of court. Future subdivisions of any lot shall be designated by a letter
or letters of the alphabet added to the cadastral number of the lot to
which the respective subdivisions pertain. The letter with which a
subdivision is designated shall be known as its "cadastral letter":
Provided, however, that the subdivisions of cities or townsites may be
designated by blocks and lot numbers.
III. Answer
Any claimant in cadastral proceedings, whether named in the notice or
not, shall appear before the court and shall file an answer on or before
the date of initial hearing or within such further time as may be allowed
by the court and shall state:
Marital status;
Name of the spouse and the date of marriage,
Nationality
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Residence and postal address, and

The age
The cadastral number of the lot or lots claimed
The name of the barrio and municipality in which the lots are
situated;
The names and addresses of the owners of the adjoining lots so far
as known to the claimant;
If the claimant is in possession of the lots claimed and can show no
express grant of the land by the government, the answer shall state
the length of time he has held such possession and the manner in
which it has been acquired;
If the claimant is not in possession or occupation of the land, the
answer shall fully set forth the interest claimed by him and the time
and manner of his acquisition;
If the lots have been assessed for taxation, their last assessed
value; and
The encumbrances, if any, affecting the lots and the names of
adverse claimants, as far as known.
IV. Hearing
The trial of the case in a place within the province in which the lands
are situated; Claimant presents evidence
Orders for default and confessions entered, in the same manner as
in ordinary land registration proceedings and shall be governed by
the same rules.
All conflicting interests shall be adjudicated by the court and decrees
awarded in favor of the persons entitled to the lands or to parts
thereof and such decrees shall be the basis for issuance of original
certificates of title in favor of said persons
V. Judgement
Same as ordinary registration
VI. Issuance of Decree
After judgment has become final and executory, the court issue an
order to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged
entitled to registration.
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