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. 'L\Np OWNERSHIP AND REGISTRATION OF TITLE

Emmanuel L Genciana'

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]NTRODUCTION
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"In thebeginnin God cfeatedthe heavens and the earth. It was form-
less arid empty. . e called Ithedry ground 'land,' and the gathered' waters
Becalied it 'seas!' and God saw that it was good. Further He said, 'Let
thelandproduc~ vegeta~on: seed-bearing plants and trees on the land
thaJ bear fruit with seed in it, according to their various kinds.' And it
was so. The Ian produced vegetation: plants bearing seed according
to their kinds an trees bearing fruit with seed in it according to their.
kindS..And God aw that it was good." (From the book of Genesis).

'i(;;I;,;a.~1bs theportion o~ the earih which is ndt covered by water or may refer to as the :
. mass of soil that rise abu&e the s<;alevel. It is a place where we live and carry-out our
acpvities, as it is the esse1ce of li~eon this beautiful planet. However, history is replete
wifh conflicts and disputes arising fro.mland resou:ces. W~r~have been waged to acquire
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properties. aI1d.new fronners, changmg geographical poslnons to expand the sphere of
.inmuenceequated withp9wer. Tepsion escalates to p~otect and maintain the t~rrito~al
mJegnty of a nanon which could be devoured by mighty ones. Family feuds mtensIfy
. an within family circles*e witness the struggles of brothers against brothers, or siblings
ag inst their parerits to gAin a property which they could never bring to where they are
go ng. .....• ..•... . I
The conflict among persons claiming lands and the desire to perfect their ownership
th reon illustrate the grate irripohance of this resources. This is the. only commodity
w1\:ichdoes riot depreciatb, rather; it appreciates at a sky-rocketing pace. With the con-
..ti ...
~u..'.ng bU
..ist .0fPOPulatiJ~ espedally in urban areas, there is no way for the value of
. Jafd to go down. The lantJ area i~ constant and fIxed while population and the demand
.fof this resources continud to incrdase as fueled by commercial activities. All these factors
'.•..'YilUpre~surethe prices to la.nastrohomical height, a natural phenomena in the science of

.eClbn~:~:v::~:;:::: r:::
p If
:: : :s::~l:h:~::e::::'economic progress. Land must :
.h ve ~ title to b~an agenlof social development. Note that no project. or structure can
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•e~er nseon a piece of land Without a survey plan and Its corresponding certificate of
ti~e. Ownership must be lestablis1\:edand its boundaries determined before any project .
. dn jumpstart from its drawing board. Thus, title is equally important without which '
lahd could never be productive ahd may remain idle. This could be the reason we see
ij' e lands amidst mountat,n of prbgress. It may have strategic location, nonetheless when
p oblem or conflict of 0 nershi~ is present it would be difficult to use this resources.
S ch conflict must be reso ved fIrs~before the same could be utilized to become a produc-
. I economic
nve . too I an d a sources 0If progress.

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Jf"",;.".:~,"m.",
DENR (formerly the Breau of Lands).
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.m••••_ -" "".Lan.d Management
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Bureau o.r thejl

THE IBP
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JOURNAL:
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.'<' .' fathers. .. ownership.it b~c6mes. . Generally.J.none .: I >..nership is the legal right to possess a property and 'can be exerCiSed.the-Civil Code' ..2 cif. '... '. There are limicltionsjt:npbsed.e same.:here only Itherich could afford.. ".) I . '. ~ght to Dispqse (example: the ri. .' .. ..'to an astorushing'.•. . height . I .'. Natural fruits (product of soil) . . :. -.. .e ~p'hereo[social economiCSwhIch ~e are bound to accept.. .by' law. as weiwitness iclaimants struggling for possession arid ga:~eringevid~nce9f'. cessions and issuapces have definite duration of effectivity or a date onwhich th. land could donfiscated as when taxes are not paid or when it is needed foriI public purpose.". 71.81 . " Rightto the fruits . Right!to possess .' . I.. " ": J . Civil fruits (rents or leases) i . .. '. ...' . lli. 3. ..: The fOregOinglrightsof ownership are not absolute..! . '. WHATARE .to use . : . . : HOWISOWNERS¥IPACQUIRED? ..' Its force and effect extend beyond the lifetime of the owner and may'.ght to sell or donat~) '. '. Right to Enjoy the property ' . ow.. Article 426 qji the CiVillcode states the rights qf an owner: . '.Onceissued'.example: with taxation and the eminent domain powed of the State.. bequeathed to us fram our fore~. of title. I . ' ... a piece of this property that never depreciates~. . ! GENERAL PROVISIONS: OWNERSH~ DEFINED: .over lings. but alwats with due process and compensation.. .un- I.. 2. Yes. licenses and oth<:~'re~latoiy coni•. And so. but the heirs who will be left behind will continue the sfruggle if they could not tie provicjed with a clear perspective and understanding o(lant{ own~ ership and regiltration.' . An interesting phenomena i?th. It is only the certificate o( title of lands that has ..... "."'. we re~ized the importance of this property. ..' . no one could ever bnng thiS'property toa place where he will end-up. '.HE RIGHTS OF AN OWNER? '< . • .' I . rights.' lawfully possessing it). 1 '.' ' . I.. . ... Right.... .' . the State or the giver.This is the reason is~uanceof landtitlf isrio~ a simple process a1ndcould be complicated If there are other claImantswho::will putthclr life at stake ta gairl a space or." . by ~n appropriatelmode authorized by law..betrarisferred 'onlY' . U. [ ..or .: expire. . I . '. .•... the modes of acquiring ownership are stated in Art. .. 1. Industrial fruits (produced by labor) !:... j . We may notice that in all Government permits....• " LA~D OWNERSHIP AND REGISTRATION OF TITLE' i .' indefeasible after ~e lapse of a certain period of time and may no longe'j-heques):ionecL . In general. It may not have the glitter of a jewel yet the price could soar. .' Right to Recover ( example: the nght to file legal actIon If somebody IS.