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LAND TITLES AND DEEDS REVIEWER

AUSL 1st Sem., SY 2013-2014

Atty. Josephine R. Santiago Saturday 1-3 Set B

I.INTRODUCTION / OVERVIEW

LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule
assert right to exclusive possession and enjoyment of property.

DEED is the instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or
assigned, or by which title to any real estate may be affected in law or equity.

LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a particular land is
determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public
registry.

TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the court may,
after appropriate proceedings, direct the issuance of a certificate of title.

A.History of Land Laws

i. Lynch Article

Spanish Era

1. The indigenous concept of ownership by occupation and cultivation was recognized early on by the Laws of
the Indies which governed Spanish possessions in the Philippines and elsewhere.

2. Royal Decree stated that justified long and continuous possession by the natives qualified them for title to
their cultivated land. Where such possessors shall not be able to produce title deeds, it shall be sufficient if they
shall show ancient possessions as a valid title.•

3. Royal Cedula Circular declared: the will of the Crown• as expressed in various instructions, royal edicts,
orders and decrees, that the distribution of lands to conquistadores discoverers, and settlers should never
prejudice the natives and their and-holdings.

4. The Spanish Mortgage Law of 1893 provided for the systematic registration of land titles and deeds as well as
for possessory claims. Under its provisions owners who lack recorded title of ownership could have their
interests registered during possessory information proceeding before informacion posesoria to qualified
applicants. The titulo was merely a record of possession. It could be converted into a record of ownership,
however, twenty years (later reduced to ten years) after its date of issue, if certain conditions were met.

5. The Maura Law of 1894 was partly an amendment of the Mortgage Law as well as the Laws of the Indies, as
already amended by previous orders and decrees. This was the last Spanish land law promulgated in the
Philippines. It required the adjustment or registration of all agricultural lands, otherwise the lands shall revert to
the state.

6. Under the Treaty of Paris of December 10, 1998, Spain ceded to the government of the United States all
rights, interests and claims over the national territory of the Philippines Islands. However, the Treaty was explicit
that the relinquishment and cession cannot in any respect impair the property rights which by law belong to
peaceful possession.•

Separate Opinion of J. PUNO in Cruz v. Secretary 347 SCRA 128

A. How did Spain acquire the Philippines?

The Philippines passed to Spain by virtue of discovery• and conquest•. Consequently, all lands became the exclusive
patrimony and dominion of the Spanish Crown. The Spanish Government took charge of distributing the lands by issuing
royal grants and concessions to Spaniards, both military and civilian.

Private land titles could only be acquired from the government either by purchase or by the various modes of land
grants from the Crown.

Separate Opinion of J. KAPUNAN in Cruz v. Secretary 347 SCRA 128

A. How did Spain acquire the Philippines?

When Spain acquired sovereignty over the Philippines by virtue of its discovery and occupation thereof in the
16th century and the Treaty of Tordesillas of 1494 which it entered into with Portugal, the continents of Asia, the
Americas and Africa were considered as terra nullius• although already populated by other people.

In the Treaty of Tordesillas, the world was divided between Spain and Portugal, with the former having exclusive power
to claim all lands and territories west of the Atlantic Ocean demarcation line.

The discovery and occupation by the European States, who were then considered as the only members of the
International Community of civilized nations, of lands in the said continents were deemed sufficient to create title under
International Law.

ii. Land Laws Reference: Atty. Agcaoili book

1) Public Land Act

1.Act No. 926 – the first Public Land Act passed in pursuance of the provisions of the Philippine Bill of 1902.
The law governed the disposition of lands of the public domain. The Public Land Act operated on the assumption
that title to public lands in the Philippine Islands remained in the government. And that the government’s title to
public land sprung from the Treaty of Paris and other subsequent treaties between Spain and the United States.
The term public land referred to all lands of the public domain whose title still remained in the government and
are thrown open to private appropriation and settlement and excluded the patrimonial property of the
government and the friar lands.

2.Act No. 2874 the second Public Land Act passed under the Jones Law. It was more comprehensive in scope
but limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which
gave Filipinos the same privileges.

3.CA No. 141 amended the second Public Land Act after the passage of the 1935 Constitution. The present
Public Land Act, which is essentially the same as Act No. 2874. The main difference between the two relates to
the transitory provision on the rights of American citizens and corporations during the Commonwealth period at
par with Filipino citizen and corporations. CA No. 141, approved November 7, 1936, applies to lands of the
public domain which have been declared open to disposition or concession and officially delimited and
classified. It contains provisions on the different modes of government grant, e.g., homestead, sale, free patent,
and reservations for public and semi-public purpose.

2)Land Registration Act (Act No. 496)

1.The original Land Registration Act (Act No. 496) was approved on November 6, 1902, but it became effective
on January 1, 1903.

2.It established the Torrens system of registration in the country.

3.It created a court called the Court of Land Registration• which had exclusive jurisdiction over all applications
for registration, with power to hear and determine all questions arising upon such applications.

4.The sole purpose of the law was to bring land titles in the Philippines under one comprehensive and
harmonious system, the cardinal features of which are indefeasibility of title and the intervention of the State as
a prerequisite to the creation and transfer of titles and interests, with the resultant increase in the use of land as
a business asset by reason of the greater certainty and security of title.

5.Registration under the system did not create a title. It simply confirmed a title already created and vested.

3)Cadastral Act (Act No. 2259)

1.The cadastral system of registration took effect with the enactment on February 11, 1913 of Act No. 2259.
When, in the opinion of the President, the public interest requires that title to any lands be settled and
adjudicated, he shall order the Director of Lands to make a survey thereof, with notice to all persons claiming an
interest therein.

2.Thereafter, the Director of Lands, represented by the Solicitor General, shall institute registration proceedings
by filing a petition in the proper court against the holders, claimants, possessors or occupants of such lands,
stating that the public interest requires that the titles to such lands be settled and adjudicated.

3.Cadastral proceeding is a proceeding in rem, hence, generally binding upon the whole world.

4) Property Registration Decree (PD No. 1529)

1. On June 11, 1978, PD No. 1529, otherwise known as the Property Registration Decree,• was approved. The
Decree was issued to update the Land Registration Act and to codify the various laws relative to registration of
property and to facilitate effective implementation of said laws. It codified and incorporated the following laws
related to property registration:

a. Act 496, The Land Registration Act

b. CA No. 141, The Public Land Act

c. Act 2259, The Cadastral Act

d. Act 3344, System of Registration for Unregistered Lands

e. Act No. 1508, as amended, The Chattel Mortgage Law

f. Republic Act No. 26, Reconstitution of Original Certificates of Title

g. PD 27, Emancipation Patents, Land Reform Law

2. It supersedes all other laws relative to registration of property.

3. Judicial proceedings under the Property Registration Decree, like the old Land Registration Act, are in rem,
and are based on the generally accepted principles underlying the Torrens system.

4. Jurisdiction over the res is acquired by giving the public notice of initial hearing by means of

(a) publication, (b) mailing and (c) notice.

5. The Decree created the Land Registration Commission, now renamed Land Registration Authority, as the
central repository of records relative to original registration, including subdivision and consolidation plans of
titled lands.

B. The Torrens System

i. Alba v. Dela Cruz, 17 Phil 49 (1910)

The application for the registration is to be in writing, signed and sworn to by the applicant, or by some person duly
authorized in his behalf. It is to contain, among other things, the names and addresses of all occupants of land and of all
adjoining owners, if known.

Indeed, the Land Registration Act requires that all occupants be named in the petition and given notice by registered
mail. However, notice by publication to all whom it may concern• is considered a sufficient notice.

Under the Land Registration Act, any petition to reopen a case after a land registration decree had been rendered
cannot lie on account of the absence, infancy, or other disability of any person affected thereby. It is only when said
decree was obtained by fraud that said petition will prosper.

ii. Separate Opinion of J. PUNO in Cruz v. Secretary, 347 SCRA 128

Grants of public land were brought under the operation of the Torrens System under Act 496, or the Land Registration
Law of 1903. Enacted by the Philippine Commission, Act 496 placed all public and private lands in the Philippines under
the Torrens System.

The Torrens System requires that the Government issue an official certificate of title attesting to the fact that the person
named is the owner of the property described therein; subject to such liens and encumbrances as thereon noted or the
law warrants or reserves.

The certificate of title is indefeasible and imprescriptible and all claims to the parcel of land are quieted upon issuance of
said certificate. This system highly facilitates land conveyance and negotiation. Its object is to do away with the delay,
uncertainty, and expense of the old conveyancing system.

Generally, by Torrens Systems• are meant those systems of registration of transactions with interest in land whose
declared object is, under governmental authority, to establish and certify to the ownership of an absolute and
indefeasible title to realty, and to simplify its transfer.

iii. Legarda v. Saleeby, 31 Phil 590 (1915)

The real purpose of the Torrens System is to quiet title to land; to put a stop forever to any question of the legality of the
title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent
thereto.

That being the purpose of the law, it would seem that once a title is registered the owner may rest secure, without the
necessity of waiting in the portals of the court, or sitting in the œmirador de su casa, to avoid the possibility of losing his
land.

The registration under the Torrens System, does not give the owner any better title than he had. The registration of a
particular parcel of land is a bar to future litigation over the same between the same parties. It is a notice to the world
and no one can plead ignorance of the registration.

Purposes:

1) To quiet title to the land and to stop forever any question as to the legality of said title.

2) To relieve the land of unknown claims.

3) To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is
established and recognized.

4) To give every registered owner complete peace of mind.

5) To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land.

6) To avoid conflicts of title in and to real estate and to facilitate transactions.

iv. D.B.T. Mar-Bay Construction, Inc. v. Panes, 594 SCRA 578 (2009)

While the Torrens system is not a mode of acquiring title, but merely a system of registration of titles to lands, justice
and equity demand that the titleholder should not be made to bear the unfavorable effect of the mistake or negligence
of the State's agents, in the absence of proof of his complicity in a fraud or of manifest damage to third persons.

The real purpose of the Torrens system is to quiet title to land and put a stop forever to any question as to the legality of
the title, except claims that were noted in the certificate at the time of the registration or that may arise subsequent
thereto. Otherwise, the integrity of the Torrens system would forever be sullied by the ineptitude and inefficiency of
land registration officials, who are ordinarily presumed to have regularly performed their duties.

Thus, where innocent third persons, relying on the correctness of the certificate of title thus issued, acquire rights over
the property, the court cannot disregard those rights and order the cancellation of the certificate. The effect of such
outright cancellation will be to impair public confidence in the certificate of title.

The sanctity of the Torrens system must be preserved; otherwise, everyone dealing with the property registered under
the system will have to inquire in every instance on whether the title had been regularly or irregularly issued, contrary to
the evident purpose of the law. Every person dealing with the registered land may safely rely on the correctness of the
certificate of title issued therefor, and the law will in no way oblige him to go behind the certificate to determine the
condition of the property.

v. NOTES TORRENS SYSTEM:

1) Torrens system under Act No. 496, or the Land Registration Act of 1903 is said to be almost a verbatim copy of the
Massachusetts Land Registration Act of 1898, which, in turn, followed the principles and procedure of the Torrens
system of registration formulated by Sir Robert Torrens who patterned it after the Merchant shipping Acts in South
Australia.

2) Advantages of the Torrens System:

a) It has substituted security for insecurity.

b ) It has reduced the costs of conveyances from pounds to shillings, and the time occupied from months to
days.

c) It has exchange brevity and clearness for obscurity and verbiage.

d) It has so simplified ordinary dealings that he who has mastered the three RS•(which means Reading, wRiting
and aRithmetic) can transact his own conveyancing.

CONSTITUTIONAL PROVISIONS A. intentional acts to deceive and deprive another of his right or in some manner injure him. joint venture orproduction-sharing agreements with Filipino citizens. but depreciated in consequence of some blur or technical defect. minerals. Cruz v. e) It affords protection against fraud. waters. . forests or timber. all lands of the public domain belong to the State and lands not otherwise appearing to be clearly within. and (2) under a claim of private ownership. or corporations or associations at least sixty per centum of whose capital is owned by such citizens. and has barred the reoccurrence of any similar faults. In cases of water rights for irrigation. 2) Separate Opinion of J. II. wildlife. KAPUNAN Regalian theory does not negate the native title to lands held in private ownership since time immemorial. fisheries. 347 SCRA 128 (2000) The Regalian Doctrine does not negate native title. 4) The element of intention to deprive another of just rights constitutes the essential characteristics of actual as distinguished from legal-fraud. no matter how long cannot ripen in ownership. beneficial use may be the measure and limit of the grant. and other mineral oils. Section 2. Occupation or possession thereof by a person in the concept of owner. Cariño v. and under such terms and conditions as may be provided by law. it will be presumed to have been held in the same way from before the Spanish conquest. The United States Supreme Court found no proof that the Spanish decrees did not honor native title. Unless public land is shown to have been reclassified as alienable or disposable. The exploration. fisheries. f) It has restored to their just value many estates held under good holding titles. 41 Phil 935 (1909) The court thus laid down the presumption of a certain title held (1) as far back as testimony or memory went. ii. The Regalian Doctrine i. It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains. and subsequently alienated by the State. Murciano case appeared to recognize that the natives owned some land. it remains part of the public domain. With the exception of agricultural lands. and other natural resources are owned by the State. must be alleged and proved. petroleum. The IPRA recognizes the existence of ICCs /IPs as a distinct sector in the society. The State may directly undertake such activities or it may enter into co-production. all forces of potential energy. PUNO Cariño case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the Islands via the Philippine Bill of 1902. the decrees discussed in Valenton v. 3) The main principle of registration is to make registered titles indefeasible. iii. water supply. Article XII of the 1987 Constitution: All lands of the public domain. adverting to the landmark case of Cariño v. development and utilization of natural resources shall be under the full control and supervision of the State. all other natural resources shall not be alienated. Insular Government. Secretary of Environment. Land held by this title is presumed to never have been public land•. The Regalian doctrine declared in the preamble of the Recopilacion was all theory and discourse• and it was observed that titles were admitted to exist beyond the powers of the Crown. renewable for not more than twenty-five years. Paragraph 1. where the US SC thru Holmes held: The land has been held by individuals under a claim of private ownership. and never to have been public land. 1) Separate Opinion of J. flora and fauna. On the contrary. irrespective of any royal grant. or industrial uses other than the development of water power. Such agreements may be for a period not exceeding twenty-five years. Under the Regalian doctrine. Insular Government. that is there must be actual or positive fraud as distinguished from constructive fraud. 5) Proof of constructive fraud is not sufficient to authorize the Court of Land Registration to reopen a case and modify its decree. coal. Private ownership is presumed to belong to the State. Specific.

water supply. 3)Jura regalia was therefore nothing more than a natural fruit of conquest. or industrial uses other than the development of water power. development and utilization of natural resources shall be under the full control and supervision of the State. In Spanish Law. such presumption is not conclusive. the State. The State may directly undertake such activities or it may enter into co-production. acquired and owned all lands and territories in the Philippines except those he disposed of by grant or sale to private individuals. The King. Paragraph 1. These were rights enjoyed during feudal times by the King as the sovereign. B. foreshore and submerged areas shall not be alienable unless they are classified as agricultural lands of the public domain. Republic. However. v. and other natural resources are owned by the State. coal. waters and other natural resources and consequently owned by the State. all forces of potential energy. petroleum. as the sovereign ruler and representative of the people. The mere reclamation of these areas by the PEA does not convert these inalienable natural resources of the State into alienable and disposable lands of the public domain. . beneficial use may be the measure and limit of the grant. 1973 and 1987 Constitutions adopted the Regalian doctrine substituting. all other natural resources shall not be alienated. waters.Existence of native title to land. In cases of water rights for irrigation. minerals. flora and fauna. fisheries. wildlife. 517 SCRA 271 (2207) It is true that under the Regalian Doctrine all lands of the public domain belong to the State and all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. The 1935. 384 SCRA 152 The Regalian Doctrine The ownership of lands reclaimed from foreshore and submerged areas is rooted in the Regalian doctrine which holds that the State owns all lands and waters of the public domain.NOTES REGALIAN DOCTRINE: 1) Generally. in lieu of the King as the owner of all lands and waters of the public domain. With the exception of agricultural lands. 4)Regalian Doctrine or Jura Regalia is a Western legal concept that was first introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. from the Spanish Crown or its successors. The foreshore and submerged areas of Manila Bay are part of the lands of the public domain. Public Estates. vi. The Regalian doctrine is the foundation of the time honored principle of land ownership that all lands that were not acquired from the Government. renewable for not more than twenty-five years. however. Buenaventura v. the American Colonial government. belong to the public domain. under the concept of jura regalia. it refers to a right which the sovereign has over anything in which a subject as a right of property or propriedad. express or implied. either by purchase of by grant. and under such terms and conditions as may be provided by law. and thereafter. Such agreements may be for a period not exceeding twenty-five years. and other mineral oils. Section 2. ownership of all lands. or corporations or associations at least sixty per centum of whose capital is owned by such citizens. iv. As such. Chavez v. joint venture or production-sharing agreements with Filipino citizens. Article XII of the 1987 Constitution: All lands of the public domain. the term jura regalia• refers to royal rights. The exploration. 2) In its broad sense. or those rights which the King has by virtue of his prerogatives. It can be rebutted by the applicant’s presentation of incontrovertible evidence showing that the land subject of the application for registration is alienable and disposable. Upon the Spanish conquest of the Philippines. or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia. There must be a law or presidential proclamation officially classifying these reclaimed lands as alienable and disposable if the law has reserved them for some public or quasi- public use. private title to land must be traced to some grant. fisheries. forests or timber. the Philippine Republic. territories and possessions in the Philippines passed to the Spanish Crown. Citizenship Requirement i.

287 SCRA 465 (1998) The landmark case of Krivenko v. Section 7. Not even an ownership in trust is allowed. the flaw in the original transaction is considered cured and the title of the transferee is rendered valid. vii. the lots were already private lands. 3)Private Agricultural Lands – Section 5. CA and Lapiña. no trust can result in favor of the party who is guilty of the fraud.• NOTES: 1)In determining whether a parcel of land is agricultural. no private agricultural lands will be transferred or assigned except to individuals corporations or associations qualified to acquire or hold lands of the public domain in the Philippines. 235 SCRA 567 The Court explained that even if the spouses were already Canadian citizens at the time they applied for registration. Article XII of the 1987 Constitution: Save in cases of hereditary succession. He declared the property in the name of Mrs. timber and mineral. commercial and industrial lands. the Court stated: Natural resources. non-Filipinos cannot acquire or hold title to private lands or to lands of the public domain. except only by way of legal succession. their alienation is limited to Filipino Citizens. Muller because of said prohibition. 500 SCRA 65 (2006) Mr. Moreover. Register of Deeds settled the issue as to who are qualified (and disqualified) to own public as well as private lands in the Philippines. Thus Section 5. Article XIII of the 1935 Constitution v. But this Constitutional purpose conserving agricultural resources in the hands of Filipino citizens may easily be defeated by the Filipino citizens themselves who may alienate their agricultural lands in favor of aliens. subject to limitations provided by law. include residential. corporations. no private lands shall be transferred or conveyed except to individuals. Republic v. and no longer formed part of the public domain. a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands. Muller v. Halili v. His attempt at subsequently asserting or claiming a right on the said property cannot be sustained. Jurisprudence is consistent that if land is invalidly transferred to an alien who subsequently becomes a citizen or transfers it to a citizen. Register of Deeds. or associations qualified to acquire or hold lands of the public domain. Section 8. the test is not only whether it is actually agricultural. an alien’s disqualification is absolute. To hold otherwise would allow a circumvention of the constitutional prohibition. But what is the effect of a subsequent sale by the disqualified alien vendee to a qualified Filipino citizen? This is not a novel question. 79 Phil 461 Public agricultural lands• mentioned in Section 1. In fine. Krivenko v.• iv. Article XII of the 1987 Constitution) of the 1935 Constitution classifies lands of public domain in the Philippines into agricultural. 1945 or since 1937. There was no implied trust created. They were already private in character at the time of the purchase since respondents predecessors-in-interest had been in open. CA. with the exception of public agricultural land. Mr.• iii.ii. shall not be alienated. the law . Besides. Article XIII of the 1935 Constitution. but also its susceptibility to cultivation for agricultural purposes. Article XII of the 1987 Constitution: Notwithstanding the provisions of Section 7 of this Article. and he who comes into equity must come with clean hands. continuous and exclusive possession and occupation thereof under claim of ownership prior to June 12. Muller was aware of the Constitutional prohibition when he purchased the property. 2)Public Agricultural Lands – under Section 1 of Article XIII (now Section 2. vi. Article XIII of the 1935 Constitution provides: Save in cases of hereditary succession. Save for hereditary succession. Muller. and with respect to public agricultural lands. Muller cannot seek reimbursement of the funds he used to purchase the property on the ground of equity where it is clear that he willingly and knowingly bought the property despite the constitutional prohibition. He who seeks equity must do equity.

Section 2 of the Constitution) 15) Ownership of private lands (Article XII. Section 2 of the Constitution) 18) Engaging in the rice and corn industry (Presidential Decree No. Section 22 of Commonwealth Act No. territorial sea.provides that a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private land under the terms prescribed by law. chemical and radiological weapons (Various treaties to which the Philippines is a signatory and conventions supported by the Philippines) Up to Twenty-Five Percent (25%) Foreign Equity 11) Private recruitment. projects which are foreign funded or assisted and required to undergo international competitive bidding Up to Thirty Percent (30%) Foreign Equity 13) Advertising (Article XVI. repair. operation and management of cockpits (Section 5 of Presidential Decree No. Section 2 of the Constitution) 8) Ownership. 5980) . infrastructure/development projects covered in RA No. 141) 16) Operation and management of public utilities (Article XII. 5181) 3) Retail Trade (Section 1 of RA No. 6938) 5) Private Security Agencies (Section 4 of RA No. 7042 (FIA of 1991). 8179 LIST A: FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION AND SPECIFIC LAWS No Foreign Equity 1) Mass Media except recording (Article XVI. Section 1 of RA No. 194) 19) Financing companies regulated by the Securities and Exchange Commission (SEC) Section 6 of RA No. 146) 17) Ownership/establishment and administration of educational institutions (Article XIV. 7718. viii. and b. 7076) 7) Utilization of Marine Resources in archipelagic waters. Article 26 of RA No. 5487) 6) Small-scale Mining (Section 3 of RA No. Section 16 of Commonwealth Act No. Section 11 of the Constitution) Up to Forty Percent (40%) Foreign Equity 14) Exploration. development and utilization of natural resources (Article XII. as amended by RA No. stockpiling and/or distribution of biological. Amendments to the IRR of RA No. Section 11 of the Constitution. Section 7 of the Constitution.(Article XIV. repair. 1180) 4) Cooperatives (Chapter III. and exclusive economic zone (Article XII. Section 14 of the Constitution. Presidential Memorandum dated 04 May 1994) 2) Services involving the practice of licensed professions save in cases prescribed by law. stockpiling and/or distribution of nuclear weapons (Article II. whether for local or overseas employment (Article 27 of Presidential Decree No. 442) 12) Contracts for the construction and repair of locally-funded public works except: a. Section 11 of the Constitution. 449) 9) Manufacture. Section 8 of the Constitution) 10) Manufacture. Chapter 5.

as amended by RA No. DEFENSE. 2) Former Natural-Born Citizens A natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands. Conventions/Treaties to which the Philippines is a signatory) 2) Full foreign participation is allowed through financial or technical assistance agreement with the President (Article XII.Individuals 1 )Filipino Citizens Citizens of the Philippines may lease not more than five hundred hectares. the total area acquired shall not exceed the maximum herein fixed. In the case of married couples. by purchase. 8179) NOTES: 1) Domestic investments are also prohibited (Article II. hangars. sea and coastal defenses. Constitution) . 8179.. 8. In case the transferee already owns urban or rural land for business or other purposes. Article XII of the Constitution) 3) Aliens Alien Individuals may be transferees of private lands only in cases of hereditary succession. Article XIV. arsenals. Section 2a of RA No.g. (Sec. air. Article XII. Constitution) Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5. repair. repair. (Section 10 of RA No. RISK TO HEALTH AND MORALS AND PROTECTION OF SMALL. or grant. dated March 28.000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. Constitution) Citizens may acquire private lands. homestead. Section 11 of the Constitution. he shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized. Section 14 of the Constitution) LIST B: FOREIGN OWNERSHIP IS LIMITED FOR REASONS OF SECURITY. That if both shall avail of the same. (Sec. 7042. 7718) 23) Private domestic construction contracts (Republic Act 4566. storage and/or distribution of products requiring Department of National Defense (DND) clearance 3) Manufacture and distribution of dangerous drugs (RA No. (Sec. 7.AND MEDIUM-SCALE ENTERPRISES Up to Forty Percent (40 %) Foreign Equity 1) Manufacture. depots. goods and commodities to government-owned or controlled corporation. 1996. agency or municipal corporation (Section 1 of RA No. and/or distribution used in the manufacture thereof requiring Philippine National Police (PNP) clearance 2) Manufacture. Citizenship Requirement . 5183) 21) Contracts for the construction of defense-related structures (e. that the total land area thereof shall not exceed five thousand (5. Article XII. 3. 7042 as amended by RA No. landing fields. land. storage. Article XII.000) hectares in the case of rural land for use by him for business or other purposes. Foreign Investment Act of 1991. 20) Contracts for the supply of materials. or acquire not more than twelve hectares of the alienable lands of the public domain. subject to limitations provided by law. barracks. company. 541) 22) Project proponent and facility operator of a BOT project requiring a public utilities franchise (Article XII. A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided. A transferee who has already acquired urban land shall be disqualified from acquiring rural land area and vice versa. quarters and hospitals) (Commonwealth Act No. Section 11 of the Constitution) ix. one of them may avail of the privilege herein granted: Provided. Section 8 of the Constitution. implementing Section 8.

by purchase. The most effective way to insure faithful adherence to this constitutional intent is to grant or sell alienable lands of the public domain only to individuals. This constitutional intent is safeguarded by the provision prohibiting corporations from acquiring alienable lands of the public domain. 1973) 3) However.C. individuals who already acquired the maximum area of alienable lands of the public domain could easily set up corporations to acquire more alienable public lands. renewable for not more than twenty-five years. and not to exceed one thousand hectares in area. or leased and the conditions therefor. iii. Director v. or grant. 384 SCRA 152 (2002) The Constitutional intent. Corporations i. and subject to the requirements of agrarian reform. the Congress shall determine. This. homestead. is to transfer ownership of only a limited area of alienable land of the public domain to a qualified individual. If the constitutional intent is to encourage economic family-size farms. Alienable lands of the public domain shall be limited to agricultural lands. 146 SCRA 509 (1986) When natural persons have fulfilled the required statutory period of possession. for a period not exceeding twenty-five years. renewable for not more than twenty-five years. by law. If the farmland is registered in the name of a corporation. is the practical benefit arising from the constitutional ban. and which could be validly transferred or sold to private corporations. developed. for a period not exceeding twenty-five years. Section 3. the Public Land Act confers on them a legally sufficient and transferable title to the land. but may only hold by lease lands of the public domain. upon the death of the owner. and development. since the vehicle to circumvent the constitutional intent is removed. and not to exceed one thousand hectares in area. and the remainder by foreigners. Article XII of the 1987 Constitution: Lands of the public domain are classified into agricultural. Without the constitutional ban. both under the 1973 and 1987 Constitutions. his heirs would inherit shares in the corporation instead of subdivide parcels of the farmland. only corporations or associations at least 60% of the capital stock of which is owned by Filipinos. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. forest or timber. Citizens of the Philippines may lease not more than five hundred hectares. Article XII. NOTES . or invalidate transactions then perfectly valid and proper. placing the land in the name of a corporation would be more effective in preventing the break-up of farmlands. which are already private lands because of acquisitive prescription. Constitution) 2) Corporations or associations — whether citizens or of citizens and aliens — may not own.• ii. (DOJ Opinion. IAC and ACME. The corporation is a convenient vehicle to circumvent the constitutional limitation on acquisition by individual of alienable lands of the public domain. Private corporations or associations may not hold such alienable lands of the public domain except by lease. Taking into account the requirements of conservation. Chavez v. 3. or acquire not more than twelve hectares thereof. may own private lands. 4) Condominium Corporation Owns the Land . The doctrine of vested rights was articulated by the Supreme Court in this ruling. The Court emphatically stated that even the Constitution or subsequent law cannot impair vested rights. The Supreme Court declared that the purely accidental circumstance that confirmation proceedings were brought under the aegis of a subsequent law which forbids corporations from owning lands of the public domain cannot defeat a right already vested before that law came into effect. This would prevent the continuing break-up of farmlands into smaller and smaller plots from one generation to the next. mineral lands and national parks. ecology. The constitutional ban strengthens the constitutional limitation on individuals from acquiring more than the allowed area of alienable lands of the public domain. The available alienable public lands are gradually decreasing in the face of an ever- growing population. (Sec. iv. it would seem. Public Estates.CORPORATIONS: 1) Private corporations or associations may not hold such alienable lands of the public domain except by lease. the size of lands of the public domain which may be acquired. held.

4) Under the Torrens system. 2) A certificate of title is not a source of right. it is not the title to the land itself. Therefore. Courts of First Instance (now Regional Trial Courts) shall have exclusive jurisdiction over all applications for original registration of title to lands. as individuals. within five days from the filing or issuance thereof. . The mere possession thereof does not make one the true owner of the property. Title. provided that the leased area shall be used solely for the purpose of the investment. The court through the clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings. 4726 and set up a condominium project on land leased for a period not to exceed (50) years.five (25) years. It merely confirms or records a title already existing and vested. is a mere evidence of ownership. naming and declaring the owner of the real property described therein. Condominium Act) 5) Corporation Leases the Land Any corporation which is owned 100% by a foreign firm may establish a "condominium corporation" under R. Nature of registration proceedings. there can be no joint ownership of such lands between Filipinos and foreign investors as individuals. including improvements and interests therein. on the other hand. and decisions filed or issued in applications or petitions for land registration. Investor’s Lease Act) 6) Land is Co-owned by the Unit Owners Where the common areas in the condominium project are owned by the owners of separate units as co- owners thereof. Certificate of title. or corporations at least 60% of the capital stock of which belong to Filipino citizens. through the Register of Deeds. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens. SECTION 2.A. may acquire both private lands and lands of the public domain. with the exception of stenographic notes. may be defined briefly as that which constitutes a just cause of exclusive possession. therefore. D. a certificate of title may be: a.Original Certificate of Title: the first title issued in the name of the registered owner by the Register of Deeds covering a parcel of land which had been registered by virtue of a judicial or administrative proceeding. 4. No. orders. Condominium Act) Only citizens of the Philippines. NOTES SECTION 2 of PRD: 1) Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of tile over realty. Transfers to aliens of a condominium unit may be made only up to the point where the concomitant transfer of membership or stockholding in the condominium corporation would not cause the alien interest in such corporation to exceed 40% of its entire capital stock. renewable once for a period of not more than twenty. 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. (Sec 5. 3) Title is generally defined as the lawful cause or ground of possessing that which is ours. jurisdiction of courts. exhibits. free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law. Transfer Certificate of Title – the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance. or which is the foundation of ownership of property. except in cases of hereditary succession. (Sec. real or personal. CHAPTER 1 GENERAL PROVISIONS i. 5. b. and provided further that the leased premises shall comprise such area as may reasonably be required for the purpose of the investment subject however to the Comprehensive Agrarian Reform Law and the Local Government Code. with power to hear and determine all questions arising upon such applications or petitions. (Sec. 5) Torrens Title is a certificate of ownership issued under the Torres System. and over all petitions filed after original registration of title. (DOJ Opinion 1973) Foreign Investors may lease private lands for a period not exceeding fifty (50) years.

is situated. or an interest therein shall be commenced and tried in the proper court which has territorial jurisdiction over the area where the real property involved.00. or diminished. However. show an inconsistent interest. Exception – Inferior Courts delegated jurisdiction to hear and determine cadastral or land registration cases in the following instances: a. 7) Collateral Attack A certificate of title shall not be subject to collateral attack. Proceeding is in rem (binding upon the whole world). also known as accion plenaria de posesion. altered. with a judgment which generally in theory at least. ownership or liability of a particular property but which are intended to operate on these questions only as between the particular parties to the proceedings and not to ascertain or cut off the rights or interests of all possible claimants. 11) The Decree has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral court. modified. or b. where the question of ownership is raised.D. 48. and if anyone in the world has a right to be heard on the strength of alleging facts which. 9) RTC have plenary jurisdiction over land registration cases as provided in Section 2 of PD 1529. municipal trial courts. o to bar some individual claim or objection. actions quasi in rem deal with the status. If the petitioner-defendants attack on the validity of respondent-plaintiffs title. It is a proceeding in personam when the technical object of the suit is to establish a claim against some particular person. so that only certain persons are entitled to be heard in defense. or cancelled except in a direct proceeding in accordance with law. modified. Distinguished from proceedings in personam and quasi in rem: i. Where the lot sought to be registered is not the subject of controversy or opposition. ii. The judgments therein are binding only upon the parties who joined in the action. A proceeding is in rem when the object of the action is to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established. is a [prohibited] collateral attack on the title.6) General Rule: A title once registered cannot be impugned. is an ordinary civil proceeding to determine the better right of possession of realty independent of title. It is an attack incidental to the quest to defend their possession of the properties in an accion publiciana not in a direct action whose main objective is to impugn the validity of the judgment granting the title. by claiming that fraud attended its acquisition. or a portion thereof. Where the lot is contested but the value thereof does not exceed P100. 12) Venue: a. It shall not be subject to collateral attack. Such determination is merely provisional and not conclusive on the question of ownership. P. Real Actions affecting title to or possession of real property. c. It refers to an ejectment suit filed after the expiry of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty. On the other hand. b. usually for the protection of innocent third persons. if there be more than one. 1529) a. and municipal circuit trial courts. 10)Actions for forcible entry into and unlawful detainer of lands or buildings. enlarged. if true. at the election of the plaintiff. b. It cannot be altered. 8) Nature of Torrens System: a. and not ownership. such value to be ascertained by the affidavit of the claimant or by the agreement of the respective claimants. (Sec. The objective of the plaintiffs in an accion publiciana is to recover possession only.000. Personal Actions shall be commenced and tried in the proper court where the plaintiff or any of the principal defendants resides or in the case of anon-resident defendant where he may be found. Judicial in character and not merely administrative. the courts may pass upon the issue to determine who has the better right of possession. . changed. original jurisdiction over which is conferred upon the metropolitan trial courts. or from the corresponding tax declaration of the real property. Accion Publiciana. b. Exception: Direct proceeding permitted by law. binds his body. The amendment was aimed at avoiding multiplicity of suits and the change has simplified registration proceedings.

that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree. RA No. Section 4. until the land shall have been brought under the operation of the Torrens system. Hereafter. The Deputy Commissioner shall also perform such other functions as the Commissioner may assign to him. shall receive compensation which shall be three thousand pesos per annum less than that of the Commissioner. He shall act as Commissioner of Land Registration during the absence or disability of the Commissioner and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law. are appointed by the Secretary of Justice upon recommendation of the Administrator. all of whom are appointed by the President upon the recommendation of the Secretary of Justice. as the Commissioner and the Deputy Commissioner of Land Registration who shall be appointed by the President.• NOTES SECTION 5 of PRD: 1) On June 17. and by a Chief Geodetic Engineer who shall each receive compensation at the rate of three thousand four hundred pesos per annum less than that of the Deputy Commissioner. except Register of Deeds. Provided. who shall possess the same qualifications as those required of the Commissioner. 3344. The Commissioner shall be duly qualified member of the Philippine Bar with at least ten years of practice in the legal profession. and shall have the same rank. 4) The LRC has been renamed Land Registration Authority (LRA). All officials and employees of the Commission except Registers of Deeds shall be appointed by the Secretary of Justice upon recommendation of the Commissioner of Land Registration. all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree. All other officials and employees of the Land Registration Commission including those of the Registries of Deeds whose salaries are not herein provided. They shall be assisted by such number of division chiefs as may be necessary in the interest of the functioning of the Commission. both appointed by the President with the consent of the Commission on Appointments. 3) It was headed by a Commissioner and an Assistant Commissioner. It is headed by an Administrator who is assisted by two (2) Deputy Administrators. CHAPTER 2 THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF DEEDS i. The books or registration for unregistered lands provided under Section 194 of the Revised Administrative Code. The salaries of officials and employees provided in this Decree shall be without prejudice to such benefits and adjustments as may from time to time be granted by the President or by the legislature to government employees. 2) LRC exercise supervision and control over all Registers of Deeds. All other officials of the LRA. ii. The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. plus sixty per centum thereof across the board. E. . The Deputy Commissioner. there is created a commission to be known as the Land Registration Commission under the executive supervision of the Department of Justice. geared to the massive and accelerated land reform and social justice program of the government. In order to have a more efficient execution of the laws relative to the registration of lands.ii. as amended by Act No. Specifically. Section 5. SECTION 3. 273. Land Registration Commission. shall continue to remain in force. Officials and employees of the Commission. as well as the clerical and archival system of the courts of first instance throughout the Philippines with the reference to the registration of lands. shall receive salaries corresponding to the minimum of their respective upgraded ranges as provided under paragraph 3. compensation and privileges as those of a Judge of the Court of First Instance. 1954. by a Special Assistant to the Commissioner. respectively. The Land Registration Commission shall have a chief and an assistant chief to be known. 5) The LRA is the central repository of records relative to original registration of lands titled under the Torrens system. including subdivision and consolidation plans of titled lands. Status of other pre-existing land registration system. notwithstanding the maximum salary allowed for their respective civil service eligibilities.1 of Budget Circular No. it is responsible for the issuance of decrees of registration and certificates of title (original and duplicate) where land is brought for the first time under the Torrens system. 1151 created the Land Registration Commission (LRC) to provide a more efficient execution of the existing laws relative to the registration of lands.

subject to the approval of the Secretary of Justice. General Functions. and privileges as those of a Judge of the Court of First Instance (RTC). His functions are plainly executive and subject to the President’s power of supervision and control. with the end in view of making every registry easily accessible to the people of the neighboring municipalities. b) Extend assistance to courts in ordinary and cadastral land registration proceedings. decisions. the Land Bank. No. But the issuance by LRA officials of a decree of registration is not a purely ministerial duty in cases where they find that such would result to the double titling of the same parcel of land. as to which they have no discretion on the matter. c. 1. all needful rules and regulations therefor. 2) Duty of LRA to issue decree ministerial. Shall have the same rank. b. NOTES SECTION 6 of PRD: 1) LRA Administrator. e) Implement all orders. Section 6. and other agencies in the implementation of the land reform program of the government. d) Exercise executive supervision over all clerks of court and personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands. 496 except those covered by P. The issuance of a decree of registration is part of the judicial function of courts and is not compellable by mandamus because it involves the exercise of discretion. Every Registry with a yearly average collection of more than sixty thousand pesos during the last three years shall have one Deputy Register of Deeds. 2. Section 7. 957. The duty of land registration officials to render reports is not limited to the period before the court’s decision becomes final. shall have one Deputy Register of Deeds and one second Deputy Register of Deeds. . compensation. d. or on appeal from decision of. b) Exercise supervision and control over all Registers of Deeds and other personnel of the Commission. a. consolidation. c. it is ministerial only in the sense that they act under the orders of the court and the decree must be in conformity with the decision of the court and with the data found in the record. While the duty of the LRA officials to issue a decree of registration is purely ministerial.iii. He can be investigated and removed only by the President and not by the Supreme Court. and decrees promulgated relative to the registration of lands and issue. c) Be the central repository of records relative to original registration of lands titled under the Torrens system. iv. The Land Registration Commission shall have the following functions: a) Extend speedy and effective assistance to the Department of Agrarian Reform. The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the Commissioner of Land Registration. Office of the Register of Deeds. but may extend even after its finality but not beyond the lapse of one (1) year from the entry of the decree. c) Resolve cases elevated en consulta by.D. The Commissioner of Land Registration shall have the following functions: a) Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Registers of Deeds of the corresponding certificates of title. an executive officer with judicial rank. and every Registry with a yearly average collection of more than three hundred thousand pesos during the last three years. Registers of Deeds. including subdivision and consolidation plans of titled lands. a.subdivision survey plans of properties titled under Act No. and consolidation. f)Verify and approve subdivision. b. There shall be at least one Register of Deeds for each province and one for each city.

d. such record is constructive notice of its contents and all interests. b. provides for the establishment of a Registry of Property which has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. NOTES SECTION 7 of PRD: 1) Registry of Property: a. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the Commissioner of Land Registration.The salaries of Registers of Deeds in third class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in second class Registries. it is the entry made in the Registry which records solemnly and permanently the right of ownership and other real rights. in Article 708. in order to affect and bind the land and. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned. the first possessor in good faith. In a case. In its strict acceptation. Appointment of Registers of Deeds and their Deputies and other subordinate personnel. 2. and in all cases under this Decree. They shall be regarded as registered from the time so noted. and cancellation. The registration of instruments affecting registered land must be done in the proper registry. thus. The Civil Code. the buyer who in good faith presents the oldest title.The salaries of Registers of Deeds in first class Registries shall be three thousand four hundred pesos per annum less than that of the Deputy Commissioner. and even the marginal notes. d. Section 8. two certificates of title were issued covering the very same property derived from two different land patents. 3) When a conveyance has been properly recorded. c. between two buyers of the same immovable property registered under the Torrens system. This rule. salaries. . the law gives ownership priority to: i. 4) Effect of Registration: a. Third Class Registries . The first registrant in good faith. including both registration in its ordinary and strict sense. e. as the law uses the word. annotation. the Court ruled in favor of the owner who registered his land patent first regardless of the date of issuance of the said land patent. The original copy of the original certificate of title shall be filed in the Registry of Deeds. First Class Registries . c. however. Registration in the public registry is notice to the whole world. 2) Registration in general. Registers of Deeds shall be appointed by the President of the Philippines upon recommendation of the Secretary of Justice. and iii.The salaries of Registers of Deeds in second class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in first class Registries. Finally. The salaries of Registers of Deeds and their Deputies shall be at the following rates: 1. Then. Second Class Registries . v. does not apply if the property is not registered under the Torrens system.The province or city shall furnish a suitable space or building for the office of the Register of Deeds until such time as the same could be furnished out of national funds. included therein. Each Register of Deeds shall keep a primary entry book where all instruments including copies of writs and processes relating to registered land shall be entered in the order of their filing. 3. means any entry made in the books of the Registry. legal and equitable. ii. Thus. b. operate as constructive notice to the world. If the sale is not registered. it is binding only between the seller and the buyer but it does not affect innocent third persons.

upon recommendation of the Commissioner of Land Registration. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the LRA Administrator. Registers of Deeds shall be appointed by the President upon recommendation of the Secretary of Justice. Whether the document is invalid. contract or instrument. that no Register of Deeds or Deputy Register of Deeds holding office as such upon the passage of this Decree shall by reason hereof.• NOTES SECTIONS 8.shall be three thousand four hundred pesos per annum less than those of their corresponding Registers of Deeds and Deputy Registers of Deeds. vi. There shall be at least one Register of Deeds for each province and one for each city. respectively. The Secretary of Justice. Where the property is presumed to be conjugal but the instrument of conveyance bears the signature of only one spouse. It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. encumbrances. General functions of Registers of Deeds. However. the function of a Register of Deeds with reference to the registration of deeds. instruments and the like is ministerial in nature. b. & 10 of PRD: 1) Office of the Register of Deed: a. Qualifications of Registers of Deeds and Deputy Registers of Deeds. is not the duty of a Register of Deeds to decide. If the instrument is not registerable. Provided. contract or instrument is sought to be inscribed in the records of the office of the Register of Deeds and annotated at the back of the certificate of the title covering the land subject of the deed. vii. e. Section 10. 9. shall cause the reclassification of Registries based either on work load or the class of province/city. b. The Deputy Register of Deeds shall be a member of the Philippine Bar. Registration is a mere ministerial act by which a deed. and advising him of his right to appeal by consultation in accordance with Section 117 of this Decree. The salaries of Deputy Registers of Deeds and Second Deputy Registers of Deeds . Section 9. 2) Duty of Register of Deeds to register. c. . but is for a court of competent jurisdiction to determine. however. d. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the LRA Administrator. The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated. a. for purposes of salary adjustments in accordance with the rates hereinabove provided. frivolous or intended to harass. he shall forthwith deny registration thereof and inform the presentor of such denial in writing. stating the ground or reason therefor. be removed from office or be demoted to a lower category or scale of salary except for cause and upon compliance with due process as provided for by law. b. No person shall be appointed Register of Deeds unless he has been admitted to the practice of law in the Philippines and shall have been actually engaged in such practice for at least three years or has been employed for a like period in any branch of government the functions of which include the registration of property. c. ministerial. Both the Register of Deeds and Deputy Register of Deeds must be members of the Bar. Register of Deeds perform both functions of an administrative character and functions which are at least of a quasi-judicial nature. whichever will result in a higher classification. 4. Where there are several copies of the title (co-owner’s duplicate) but only one is presented with the instrument to be registered. 3) Instances where Register of Deeds may deny registration: a.

3. he shall certify the question to the LRA Administrator who shall. In case of a newly-created province or city and pending establishment of a Registry of Deeds and the appointment of a regular Register of Deeds for the new province or city. The refusal by the Register of Deeds to register an instrument affecting registered land by reason of non- compliance with certain requirements does not bar registration if thereafter the defects are cured. When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed. Where there is a pending case in court where the character of the land and validity of the conveyance are in issue. by the Provincial or City Fiscal. A Register of Deeds is precluded from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid. Section 11. the Register of Deeds of the mother province or city shall be the ex-officio Register of Deeds for said new province or city. in his discretion. c. disability or suspension of the Register of Deeds without pay. or in case of vacancy in the office. unless the Secretary of Justice designates another official to act temporarily in his place: a) For the province or city where there is a Deputy Register of Deeds. mortgage or other instrument presented to him for registration. said duties shall be performed by the following officials. after notice and hearing. in the exercise of his ministerial duties under the law. b) For the province or city where there is no Deputy or second Deputy Register of Deeds. 5) The act of registration does not validate an otherwise void contract. suspension. the obstacle to the registration of a deed of sale is removed. the Secretary of Justice may. 6) Notice to the Register of Deeds or adverse party. c. . such additional compensation together with his actual salary not to exceed the salary authorized for the position thus filled by him. where the dismissal of the cadastral case is not yet final. illness. While registration operates as a notice of the deed. d. 1. Until a regular Register of Deeds shall have been appointed for a province or city. 4) Doubtful questions shall be submitted to LRA Administrator for resolution: a. by said Deputy Register of Deeds. or any Assistant Fiscal designated by the Provincial or City Fiscal. b) It is one thing for the Register of Deeds. not amounts to a declaration that the instrument recognizes a valid and subsisting interest in the land. to register an instrument which in his opinion is registrable. or inability of the Register of Deeds to discharge his duties. or instrument to others. But mandamus does not lie to compel the Register of Deeds to make registration. or upon the occasion of the absence. In case of absence. d. in the order in which they are mentioned below. The administrative remedy must be resorted to by the interested party before he can have recourse to the courts. Where required certificates or documents are not submitted. b. but it is no authority for the court to issue an order for registration of said deed without notice to the Register of Deeds or to the adverse party. The former does not contemplate notice to and hearing of interested parties such as are required in a judicial proceeding nor carries with it the solemnity and legal consequences of a court judgment. enter an order prescribing the step to be taken on the doubtful question. or in case of vacancy in the position. 2. or where any party in interest does not agree with the action taken by him with reference to any such deed or instrument. Discharge of duties of Register of Deeds in case of vacancy. contract. should there be one. etc. a) When a writ of preliminary injunction in a cadastral proceeding is dissolved. viii. or by the second Deputy Register of Deeds. and quite another thing for the court itself to order the registration. authorize the payment of an additional compensation to the official acting as Register of Deeds. it does not add to its validity nor converts an invalid instrument into a valid one as between the parties.

That such possession and occupation has been effected since June 12.Those who by themselves or through their predecessors-in-interest have been in open. The following persons may file in the proper Court of First Instance an application for registration of title to land. The Register of Deeds shall submit to the Land Registration Commission within ten days after the month to which they pertain his monthly reports on collections and accomplishments. Who may apply Registration under the Property Registration Decree i. has been in open.ORIGINAL REGISTRATION ORDINARY REGISTRATION PROCEEDINGS A. from time to time. 2) Land must already be (a) classified as alienable and disposable land. and (b)possessed and occupied since June 12. . 1945 or earlier. It is sufficient that the land is already declared as alienable and disposable land at the time of the application for registration is filed so as to entitle the possessor to registration.ix. Section 12. He shall also submit to the Commission at the end of December of each year. Section 13. NOTES SECTION 14(1) of PRD: 1) Requisites for registration under Section 14(1) a. 1945 or earlier at the time of filing of the application for registration. c. x. and to forestall the possibility that it will be overlapped by a subsequent registration of any adjoining land. The application for registration is filed with the proper court. 1945. 3) Steps in Alienation of Public Agricultural Land: a. the function of verifying and approving original survey plans for all purposes in order to assure compliance with established standards and minimize irregularities in the execution of land surveys. He shall perform such other functions as may. an annual inventory of all titles and instruments in his Registry. be assigned to him by the Commissioner. and d. a. 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. It need not be classified as alienable and disposable land of public domain since June 12. or earlier. III. Who may apply.CHAPTER 3 . whether personally or through their duly authorized representatives: 1. continuous. Section 14. There shall be prepared in every Registry an index system which shall contain the names of all registered owners alphabetically arranged. 2) Only the Lands Management Bureau has authority to approve original survey plans for registration purposes. under a bona fide claim of ownership. For this purpose. plans and works requiring the services of a geodetic engineer in said office. There shall be a Chief Geodetic Engineer in the Land Registration Commission who shall be the technical adviser of the Commission on all matters involving surveys and shall be responsible to him for all plats. exclusive and notorious possession and occupation thereof. an index card which shall be prepared in the name of each registered owner which shall contain a list of all lands registered in his name. b. NOTES SECTION 13 of PRD: 1) A survey plan serves to establish the true identity of the land to ensure that it does not overlap a parcel of land or a portion thereof already covered by a previous land registration. reports. Owner's Index. It must be shown to have been reclassified as alienable and disposable• land of the public domain. That the applicant. That the land applied for is an agricultural public land classified as alienable and disposable land at the time. by himself or through his predecessors-in-interest. continuous. 1945. There was a need to centralize in one agency. Chief Geodetic Engineer.

there can be no prescription against the State regarding property of public domain.in-interest to the exclusion of all others. b. patrimonial property of the State may be the subject of acquisition through prescription. . 7) 2 Kinds of Prescription: a. All things which are within the commerce of men are susceptible of prescription.a person acquires ownership of a patrimonial property through possession for at least ten (10) years. the rules on the confirmation of imperfect title 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. leading to a presumption that the owner has notice of it. It reads: Art. No matter how long the possession of the properties has been. and a legislative act or a statute. 1945. It must establish the existence of a positive act of the government such as a presidential proclamation or an executive order. b. d. c. 6) Thus.Use or inhabitance of real property that is open and obvious to neighbors.a person’s uninterrupted adverse possession of patrimonial property for at least thirty (30) years. NOTES SECTION 14(2) of PRD: 1) Properties of public dominion cannot be acquired by prescription. 8) In sum. Without such express declaration.It must be known to all. Thus. 5) Nature of possession must be: a. Even a city or municipality cannot acquire them by prescription as against the State. Only when such lands have become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run. unless otherwise provide. b) Such declaration shall be in the form of a law duly enacted by Congress or a Presidential Proclamation in cases where the President is duly authorized by law.Land must be possessed by himself or by his predecessors. even if classified as alienable or disposable. an administrative action. Those who have acquired ownership of private lands by prescription under the provision of existing laws. 5) Lands of public dominion shall form part of the patrimonial property of the State when there is a declaration by the government that these are alienable or disposable and are no longer intended for public use or public service. for Section 14(2) of the Property Registration Decree to apply – a) There must be an express declaration by the State 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. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. where the land is already a private land. Ordinary Acquisitive Prescription. investigation reports of Bureau of Lands investigators. It must not be a secret or clandestine. remains property of the public dominion. Continuous. b. pursuant to Article 420 (2) of the Civil Code. the applicant has the right to register the same under Section 14(2) even if the possession thereof for the required prescriptive period commenced on a date later than June 12. private in character. Extraordinary acquisitive prescription . hence. Notorious .There must not be any interruption. prescription does not run against the State. in good faith and with just title. regardless of good faith or just title. CA) 4) With respect to non-agricultural lands like forest lands. ripens into ownership pursuant to Article 1137 of the Civil Code. 1113. 2) While as a rule. 3) Article 1113 of the Civil Code provides the legal foundation for the application Section 14(2). The exception is where the law itself so provides. Exclusive. it is clear that where lands of the public domain are patrimonial and. 2.• 4) Under the Civil Code. Open. (Republic v. and thus incapable of acquisition by prescription. the property. the exception is where the law itself expressly provides. they are susceptible to acquisitive prescription.

12) Prescription distinguished from laches: a. Prescription applies at law. Laches is not. .9) Prescription Generally: a. to become the owner of everything which is: produced thereby. c. Accession is the right of the owner of a thing. For purposes of prescription. this inequity being founded on some change in the condition of the property or the relation of the parties. improvements upon a thing. there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights. b. 10) Concept of possession for purposes of prescription: a. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. 11) Computation of prescription: a. e. incorporated attached thereto. b. and it must be public. additions to. 3. change of course of rivers. Prescription is statutory. planting and sowing. avulsion. formation of islands. Either naturally or artificially. All things which are within the commerce of men are susceptible of prescription. Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession. 2) Ownership of abandoned river beds by right of accession: a. Laches is concerned with the effect of delay. d. d. c. However. building. unless otherwise provided. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor-in-interest. Prescription is concerned with the fact of delay. By prescription. river beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. Prescription is a matter of time. To consolidate prescription. d. c. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. but the grantor was not the owner or could not transmit any right. b. peaceful and uninterrupted. alluvion. b. b. the possession must be that of owner. Acts of a possessory character done by virtue of a license or mere tolerance on the part of the real owner are not sufficient. real or personal.Includes: fruits of. Prescription is based on a fixed time. NOTES SECTION 14(3) of PRD: 1) Accession defined a. 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. Laches is not. Laches is principally a question of inequity of permitting a claim to be enforced. which value shall not exceed the value of the area occupied by the new bed. Laches applies in equity. the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof. one acquires ownership and other real rights through the lapse of time in the manner and under the action lay down by law. Under Article 461 of the Civil Code.

If a river simply dries up or disappears. The river must continue to exist. The river changed its course. 4) Ownership by right of accretion along river banks: a.To illustrate: A and B each owns land on opposite sides of a river.. Article 461 will not apply for. 84. The changing of the course must be more or less permanent. 6) Accretions affecting lands registered under the Torrens system: a. here.― b. the presumption is that the change was gradual and caused by accretion and erosion.Law speaks of change of river course. Accretions which the banks of rivers may gradually receive from the effect of the current become the property of the owners of the banks. by accessions or sediments from the waters thereof. In the absence of evidence that the change in the course of the river was sudden or that it occurred through avulsion. Accretions deposited gradually upon lands contiguous to creeks. c. the bed left dry will belong to public dominion (Art 502 of the Civil Code). (If the government shortly after the change decides and actually takes steps to bring the river to its old bed. i. So. There must be definite abandonment by the government.Article 84 of the Spanish Law of Waters of 1866. that is. Now. alluvial deposits along the banks of creeks. b. in proportion to the area lost. c. streams and lakes do not form part of the public domain as the alluvial property automatically belongs to the owner of the estate to which it may have been added. C and D. Who owns the abandoned river bed? C. and not temporary over flooding of another’s land. That the land where accretion takes place is adjacent to the banks of rivers. alluvial deposit acquired by a riparian owner of registered land by accretion may be subjected to acquisition through prescription by a third person. to compensate him for his loss. which remains in effect. b. and lakes. caused by natural forces (and not by artificial means). d. it cannot be said that there was abandonment). rivers. and e. belong to the owners of such lands. . passing through the land of C. That it be made through the effects of the current of the water. That the deposit be gradual and imperceptible. 3) The requisites for the application of Article 461 of the Civil Code: a. The change must be sudden in order that the old river may be identified. streams. From the foregoing provisions. and c. b. b. reads: Art. by failure of such owner to register such accretion within the prescribed period. In case of diminution of area Registration does not protect the riparian owner against diminution of the area of his land through gradual changes in the course of the adjoining stream. 5) 3 Requisites before an accretion is said to have taken place: a. The change of the river must be a natural one. d. In case of increase of area Although alluvion is automatically owned by the riparian owner. Who owns the river bed? C and D. just because the lot which receives such accretion is covered by a Torrens title. it must not completely dry up or disappear. streams and lakes: a. lost portions of their lands.e. it does not automatically become registered land. Article 457 of the Civil Code provides that 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. suppose that two owners. 7) Accretion along the banks of creeks.

Compensate the riparian owner for the danger of loss that he suffers because of the location of his land. the alluvial property may be subject to acquisition through prescription by third persons. b.a conveyance of public land by government to a private individual. NOTES SECTION 14(4) of PRD: 1) Land Grant by Presidential Proclamation a. and registration under the Torrens system of that ownership is quite another. 9) Reason for the law on accretion: a . c. Ownership of a piece of land is one thing. therefore. and c. In contrast to the rule on accretion. Ownership over the accretion received by the land adjoining a river is governed by the Civil Code. The only restriction is that the owner of the adjoining property must register the same under the Torrens system. Where the adjoining land owner does not cause the registration of the increment to his property. Compensate him for the encumbrances and various kinds of easements to which his property is subject. and no lawful settlement on them can be acquired. (City Mayor of Paranaque City v. Promote the interests of agriculture for the riparian owner it in the best position to utilize the accretion. 4. In order that the accretion may be protected by the rule on imprescriptibility. alluvial formation along the seashore is part of the public domain and. it may be acquired by third persons through prescription: a. Ebio) 8) Alluvion must be the exclusive work of nature: a. not open to acquisition by adverse possession by private persons. The State shall grant these lands to the adjoining owners only when they are no longer needed for the purposes mentioned therein. unless otherwise declared by either the executive or legislative branch of the government. . It is outside the commerce of man. 11) Where alluvial increment is not registered. b. 12) Alluvial formation along the seashore forms part of the public domain: a. All lands thrown up by the sea and formed upon the shore by the action of the water. c. b. There must be evidence to prove that the addition to the property was made gradually through the effects of the current of the river. together with the adjacent sore. Those who have acquired ownership of land in any other manner provided for by law. The clear implication is that a land grant having been made by a Presidential proclamation and by legislative act. b. it is necessary that the same be brought under the operation of the Torrens system. The requirement that the deposit should be due to the effects of the current of the river is indispensable. the same may be acquired by third persons. c. Alluvion must be the exclusive work of nature. Imprescriptibility of registered land is provided in the registration law. otherwise. b. Reservation for a specific public purpose by Presidential proclamation – Lands covered by reservation are not subject to entry. the grantee may apply for the registration of the land and bring it under the operation of the Torrens system. 10) Accretion does not automatically become registered land: a. b. But the accretion does not become automatically registered land just because the lot which receives it is covered by a Torrens title thereby making the alluvial property imprescriptible. belong to the national domain and are for public uses. 2) Public Grant . c. Under Article 457 of the Civil Code. d. the registered owner of property is considered the lawful owner of the accretion to his property.

Forcible acquisition by the State 6) Descent or Devise . d. b.Hereditary succession to the estate of deceased owner. 1987 Constitution). Limited to 1. Voluntary execution of deed of conveyance c.024 hectares. Private grant b. Limitation to ownership of land by corporations: i. No consent from the owner of land b. Private Lands 1. which in their natural persons they could not have had. Article XII. b. A corporation sole is a special form of corporation usually associated with the clergy. and 3. At least 60% Filipino (Sec. Article XII. Such grant is not transferable except by hereditary succession 8) Land acquisition by private corporations: a. . and except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a juridical entity (in this case. a corporation may apply for judicial confirmation of title). May be subsequently transferred to private owners 4) Voluntary Transfer a. 2. c. A corporation sole consist of one person only. Filling of submerged land by deliberate act and reclaiming title thereto b. Lease (CANNOT own land of the public domain) for 25 years renewable. who are incorporated by law in order to give them some legal capacities and advantages. it is restricted to 1.000 hectares. Contractual relationship between the parties d. Purpose of the prohibition(see Chavez v. 3. Patrimonial property of the State (Sec. 9) A corporation sole is qualified to apply for registration A.000 hectares in area for a period of 25 years and renewable for not more than 25 years (Section 3. ii. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created. 2. juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. and 3. and his successors (who will always be one at a time). Consensual 5) Involuntary Alienation a. To ameliorate the sad plight of tenant-farmers b. If engaged in agriculture. 7. Article XII. 1987 Constitution) 1. By way of exception. 1987 Constitution). in some particular station.3) Reclamation a. A corporation sole is qualified to own and register private agricultural land. 7) Emancipation Patent / Grant(Certificate of Land Ownership Award) a. A corporation sole was designed to facilitate the exercise of the functions of ownership carried on by the clerics for and on behalf of the church which was regarded as the property owner. PEA) c. particularly that of perpetuity. Must be initially owned by government c. Apply to both Filipinos and foreign corporations.

But the effect of the alienation or the mortgage. SECTION 14 of PRD: 1) Co-owners shall file application jointly: a. unless prohibited by the instrument creating the trust. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file with the Register of Deeds for registration a sworn statement containing: i. ii. 4. and he may therefore alienate.• NOTES par. b. Having the legal title to the land. d. except when personal rights are involved. Where the land has been sold under pacto de retro. church properties acquired by the incumbent of a corporation sole pass. however. SECTION 14 of PRD: 1) Vendee a retro may file application in his name a. Since a co-owner cannot be considered a true owner of a specific portion until division or partition is effected. e. c. a description of the land. Thus. the name of the registered owner. upon his death not to his personal heirs but to his successor in office Where the land is owned in common. and which they hold in trust for the church. assign or mortgage it. NOTES par. Such claim shall not affect the title of a purchaser for value and in good faith before its registration. the latter shall be substituted for the applicant and may continue the proceedings. by operation of law. A trustee on behalf of his principal may apply for original registration of any land held in trust by him. and even substitute another person in its enjoyment. a reference to the number of the certificate of title. f. and iii. the vendor a retro may file an application for the original registration of the land. A corporation sole by the nature of its incorporation is vested with the right to purchase and hold real estate and personal property. b.shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. Under Article 493 of the Civil Code. one in whom confidence is reposed as regards property for the benefit of another known as the trustee. 3. as corporations sole are merely administrators of the church properties that come to their possession. each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto. Bishops or archbishops. the vendee a retro has therefore a registerable title thereto which may be the subject of initial registration. . as the case may be. provided. all the co-owners shall file the application jointly. and the person for whose benefit the trust has been created is referred to as the beneficiary or cestui que trust. NOTES par. A sale with pacto de retro transfers the legal title to the vendee and the vendee is subrogated to all the rights and actions of the vendor. with respect to the co-owners. that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro. 2. c. A trustee on behalf of his principal may apply for original registration of any land held in trust by him. A person who establishes a trust is called the trustor. The right to redeem the property retained by the vendor a retro should only be noted in the decree and certificate of title that may be issued. b. he cannot file an application for registration for the whole area without joining the co-owners as applicants. subject to the latter’s right of redemption. SECTION 14 of PRD: 1) Trustee may apply for registration on behalf of his principal: a. c.

193443. East Silverlane Realty Development Corp. 1529 provides that to be entitled of a land. continuous. No. 1945. 3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.R. Landicho. 448 SCRA 442 (2005) There are three obvious requisites for the filing of an application for registration of title under Section 14(1). Tan v. the applicant must prove that: (a) the land applied for forms part of the disposable and alienable agricultural lands of the public domain and (b) he has been in open. remains property of the public dominion. April 16. The voluntary declaration of a piece of property for taxation purposes manifests not only one’s sincere and honest desire to obtain title to the property and announces his adverse claim against the State and all other interested parties.D. CA and Naguit. It is only when such alienable and disposable lands are expressly declared by the State to be no longer intended for public service or for the development of the national wealth that the period of acquisitive prescription can begin to run. whether personally or through their authorized representatives: 1) Those who by themselves or through their predecessors-in-interest have been in open. Such an act strengthens one’s bona fide claim of acquisition of ownership. that the applicants by themselves or through their predecessors-in-interest have been in open. Republic v. . 1945. v. there must be an express declaration by the State 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. 2012 Section 14. They constitute at least proof that the holder has a claim of title over the property.ii. The following persons may file in the proper Court of First Instance an application for registration of title to land. continuous. G. exclusive. investigation reports of the Bureau of Lands investigator or a legislative act or statute. 1945 or earlier. pursuant to Article 420(2). and. the property. 492 SCRA 272 (2006) Applicants for confirmation of imperfect title must. Although tax declarations and realty tax payment of property are not conclusive evidence of ownership. Candymaker. prove the following: (a)that the land forms part of the disposable and alienable agricultural lands of the public domain. and unless it has been shown that they have been reclassified by the State as alienable or disposable to a private person. continuous. or administrative action. 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. exclusive and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since June 12. Without such express declaration.. 666 SCRA 401 Accordingly. and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since June 12. To prove that a land is alienable. or earlier. vi. exclusive and notorious possession and occupation. for one to invoke the provisions of Section 14(2) and set up acquisitive prescription against the State. but also the intention to contribute needed revenues to the Government. the period of possession preceding the classification of the property as patrimonial cannot be considered in determining the completion of the prescriptive period. No. even if classified as alienable or disposable. In other words. and thus incapable of acquisition by prescription.that the property in question is alienable and disposable land of the public domain. it is primordial that the status of the property as patrimonial be first established. Domingo v. Republic. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. that such possession is under a bona fide claim of ownership since June 12. iv. Such declaration shall be in the form of a law duly enacted by Congress or a Presidential Proclamation in cases where the President is duly authorized by law. continuous. 2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. such as presidential proclamation or an executive order. iii. nevertheless. they remain part of the inalienable public domain. 1945. therefore. they are good indicia of the possession in the concept of owner for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. Republic v. Republic v. 4) Those who have acquired ownership of land in any other manner provided for by law. and (b) that they have been in open. 531 SCRA 606 (2007) Section 14 of P. an applicant must conclusively establish the existence of a positive act of government. Who may apply. Furthermore.

ix. (Article 1118. reveal that petitioners were in possession of the subject property for more than 30 years. Heirs of Malabanan v. Ownership is acquired through uninterrupted adverse possession for thirty years. it becomes crystal clear from the ruling of the Court that even if the possession of alienable lands of the public domain commenced only after June 12. applicants acquire ownership of the lands through prescription in the Civil Code. 2000. And even if such reclamation had been authorized. Republic v.vii. The reason behind the law giving the riparian owner the right to any land or alluvion deposited by a river is to compensate him for the danger of loss that he suffers because of the location of his land. The requirement that the deposit should be due to the effect of the current of the river is indispensable.D. Alluvion must be the exclusive work of nature. 132 SCRA 514 (1984) Article 457 of the New Civil Code provides: To the owners of lands adjoining the banks of rivers belongs the accretion which they gradually receive from the effects of the current of the waters. the reclaimed land does not automatically belong to the party reclaiming the same as they may still be subject to the terms of the authority earlier granted. It is sufficient that the land be declared alienable and disposable at the time of the filing for the application for judicial confirmation of imperfect title and the land need not be alienable and disposable during the entire period of possession. which only become such after they have been declared alienable and disposable and there must also be an express government manifestation that the property is . Prescription Applicants who have acquired ownership of private lands by prescription under the provisions of the Civil Code. If estates bordering on rivers are exposed to floods and other evils produced by the destructive force of the waters and if by virtue of lawful provisions. without need of title or of good faith.• The above-quoted article requires the concurrence of three requisites before an accretion covered by this particular provision is said to have taken place. it is proper that the risk or danger which may prejudice the owners thereof should be compensated by the right of accretion. by themselves. 457 of the New Civil Code all deposits caused by human intervention. such lands based on the length and quality of their possession. Petitioners’ possession of the subject property since 1968 has been characterized as open. and (3) that the land where accretion takes place is adjacent to the banks of rivers. viii. said estates are subject to encumbrances and various kinds of easements. NCC). 10 Phil. reckoned from the year 1968. (Article 1137. Republic. peaceful and uninterrupted. when the subject property was finally declared alienable and disposable by the DENR to the time they file an application for registration of title over the subject property on June 5. and registrable title to. P. exclusive and notorious possession and occupation in the concept of an owner. However. (Cortes v. reclaim land from water bodies belonging to the public domain without proper permission from government authorities. By this. application for registration of the said property is still possible by virtue of Section 14(2) of the Property Registration Decree which speaks of prescription. the subject alienable and disposable public land had been effectively converted into private property over which petitioners have acquired ownership thru prescription to which they are entitled to have title thru registration proceedings. Republic. CA. (Sec. 1945. The records. (2) that it be made through the effects of the current of the water. NCC) Lands of the Public Domain are outside the commerce of man and consequently cannot be acquired through prescription. Under 14(2) of PD 1529. 587 SCRA 172 (2009) Applicants under 14(1) of PD 1529 in relation to sec 48(b) of CA 141 acquire ownership of. 517 SCRA 271 (2207) In the case of Republic v. City of Manila. Buenaventura v. continuous. indeed. They are (1) that the deposit be gradual and imperceptible. 32 years to be exact. public. 567) A riparian owner then does not acquire the additions to his land caused by special works expressly intended or designed to bring about accretion. the applicants may only acquire patrimonial lands of the public domain. 1529) Possession has to be in the concept of an owner. 14(2). CA and Tancinco. private persons cannot. This excludes from Art. Indeed.

occupying lands of the public domain or claiming to own any such lands or an interest therein. CA No. and ii. NOTES: 1) Where the land is owned in common. but whose titles have not been perfected or completed. 48. composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith. The following described citizens of the Philippines. 2) If the applicant is not a resident of the Philippines. 141 (Public Land Act) a. b) Those who by themselves or through their predecessors in interest have been in open. Section 48 (b) and (c) of CA No. 141. as amended. as amended Judicial Confirmation of Imperfect or Incomplete Titles SECTION 47. under the Property Registration Decree to wit: . possession must be since June 12. but have with or without default upon their part. whether disposable or not.Second. SECTION 48. The persons specified in the next following section are hereby granted time. for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. agricultural lands was changed to alienable and disposable lands of the public domain•. under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. further. 48. occupying lands of the public domain or claiming to own any such lands or an interest therein. Only when the land has become patrimonial property can the prescriptive period for the acquisition of property of the public dominion begin to run. but whose titles have not been perfected or completed. all the co-owners shall file the application jointly. SECTIONS 47. and notorious possession and occupation of agricultural lands of the public domain. 1073: i. The following-described citizens of the Philippines. b. 3) Applications for judicial confirmation of imperfect through possession shall not extend beyond December 31. 2 Significant amendments have been introduce by PD No. may apply to the Regional Trial Court of the province or city where the land is located for confirmation of their claims and the issuance of a certificate of title therefor. CA 141. Provided.• NOTES Judicial Confirmation of Imperfect or Incomplete Titles: 1) Governing Provision: Section 48(b).already patrimonial or no longer retained for public service or the development of national wealth under Article 422 of the Civil Code. not to extend beyond December 31. exclusive. 1945. to wit: a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase. if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. That this extension shall apply only where the area applied for does not exceed 144 hectares. continuous. he shall file with his application an instrument in due form appointing an agent upon whom service shall be made. exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture. That the several periods of time designated by the President in accordance with section forty-five of this Act shall apply also to the lands comprised in the provisions of this chapter. but this section shall not be construed as prohibiting any of said persons from acting under this chapter at any time prior to the period fixed by the President. As thus amended. 2020. 1987 within which to take advantage of the benefit of this chapter: Provided.First. under a bona fide claim of acquisition or ownership. c) Members of the national cultural minorities who by themselves or through their predecessors-in- interest have been in open. reads: Sec. continuous. 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. 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. x. or for any other cause. not received title therefor.

The reconciliation. under a bona fide claim of acquisition of ownership. while the Property Registration Decree uses the term ‘alienable and disposable lands of the public domain. 9176 was enacted: i. When PD 1073 was enacted. 1945. as amended by RA 1942. as the enactment of the law (a Presidential Decree) was solely through the President’s lawmaking powers under a regime that permitted it. The June 12. Questions were raised on how one could possibly comply with the June 12. Instead. for unknown reasons. Extending the period to file an application for judicial confirmation of imperfect or incomplete titles to December 31. in all probability. i. 1945 cut-off date raised legal concerns. The significance of the date June 12. Republic. e. 2)Registration proceeding presupposes that the land is a public agricultural land a. Without the benefit of congressional records. but it did not. as amended. is a special law specifically applying to agricultural lands of the public domain. True. 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. 2020 “On November 13. 2020. 1945 appears to have been lost to history. 1945. as amended. Heirs of Mario Malabanan v. as properly defined by jurisprudence. and for some years after. 1945 or earlier occupation/possession requirement of PD 1073 when the then prevailing situation did not legally or physically permit it. 1977. the date June 12. 1945. 1945. was how the law would affect the application of the old law which provided for a thirty-year possession period. 1947cut-off date. prior to the effectivity of PD 1073. Section 48 (b) of the Public Land Act on judicial confirmation of imperfect or incomplete titles has a counterpart provision in Section 14(1) of the Property Registration Decree. as amended by RA 1942) providing for a 30-year possession period could not be impaired by the PD 1073 amendment. From this perspective. 2002. 1947 and not June 12. BRION. The extension of the period fixed by law for the filing of the application for registration is not jurisdictional but is more of a time limitation. (c) Members of the national cultural minorities who by themselves or through their predecessors-in- interest have been in open. the most logical reason or explanation for the date is the possible impact of the interplay between the old law and the amendatory law. RA No. A major concern raised against this date is that the country was at this time under Japanese occupation. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain. it provided. c. under a bona fide claim of ownership. Further limiting the area applied for to 12 hectares. f. yet the latter date is the express legal reality. It must be noted though that the Constitution declares that ‘alienable lands of the public domain shall be limited to agricultural lands. the Public Land Act does refer to agricultural lands of the public domain. Counting 30 years backwards from the enactment of PD 1073 on January 25. except when prevented by war or force majeure. 9176 extended the period to file application to December 31. iii. There are no material differences between Section 14(1) of the Property Registration Decree and Section 48(b) of the Public Land Act. shall be entitled to the rights granted in sub-section (b) hereof. PD 1073 should have provided for a January 24. ii.Xxx xxx xxx (b) Those who by themselves or through their predecessors in interest have been in open. was suffering from the uncertainties and instabilities that World War II brought. since June 12. PD 1073 should have thus provided January 24. ii. even if possession and occupation does not date back to June 12. 1945 as its cut- off date. vested rights acquired under the old law (CA 141. and notorious possession and occupation of alienable and disposable lands of the public domain. Providing that all pending applications filed before the effectivity of the amendatory Act shall be treated as having been filed in accordance with the provisions thereof. is that where an applicant has satisfied the requirements of Section 48 (b) of CA 141. 587 SCRA 172) d. RA No. since June 12. . continuous. Period of possession: Historical Background i. the utmost concern. ii. Public Land Act. continuous.(Concurring and Dissenting Opinion of J. iv. the applicant is entitled to perfect his or her title. and iii. exclusive.

The right to file the application for registration derives from a bona fide claim of ownership going back to June 12. the land remains unclassified public land until released therefrom and open to disposition. since June 12. b. Since June 12. continuous. the applicant must prove that: i. The reason for this is that. 6) Only A and D(alienable & disposable) lands may be the subject of confirmation of title: a. Forest or timber lands. iii. Indeed. b. and ii. any lands of the public domain may be acquired by prescription or by adverse possession or occupancy except as expressly provided by law. c. . b. exclusive and notorious possession of alienable and disposable lands of the public domain. it has been held that the rules on the confirmation of imperfect title do not apply unless and until the land classified as. e. Section 48(b) of the PLA does not require that the land applied for should have been alienable and disposable during the entire period of possession. exclusive. by reason of the claimant’s open. That he has been in open. As a rule. and b. under Section 2. by operation of law. 1945. c. and national parks. without the necessity of a certificate of title being issued:• a. mineral lands. exclusive and notorious possession thereof. 5) Rule different where land is not registrable as when it forms part of the public forest: a. no title or right to. It is sufficient that the land is already classified as alienable and disposable portion of the public domain at the time the application is filed. 4) Land must be A and D land at the time the application for confirmation is filed: a. That the land forms part of the disposable and alienable agricultural lands of the public domain. Article XII of the Constitution. under a bona fide claim of ownership. ii. Registration under Section 48(b) of the PLA (No. In the absence of such classification. Title is void where land is inalienable and may be cancelled even in the hands of an innocent purchaser for value: i. mineral lands and lands within national parks are excluded b. notorious and in the concept of owner. 1945 or earlier. A certificate of title is void when it covers property of public domain classified as forest or timber and mineral lands. d. The land is alienable public land. 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. c. To entitle him to registration under Section 48(b) of the PLA. shall be cancelled. 1945. A different rule obtains for lands which are incapable of registration as when they belong to the category of forest or timber. Section 48(b) of the PLA (Judicial Confirmation of Imperfect or Incomplete Title) applies exclusively to alienable and disposable agricultural lands of the public domain. continuous. 3) Requisites for availment of Chapter VIII only when the following conditions are met that the possessor of the land may acquire. a right to a grant. There can be no imperfect title to be confirmed over lands not yet classified as disposable or alienable. continuous. only agricultural lands may be the subject of alienation. 1945.the land has become private. a government grant. i. say. or equity in. His possession and occupation has been open. Any title issued on non-disposable lots even in the hands of an alleged innocent purchaser for value. 141) presumes that the land was originally public agricultural land but because of adverse possession since June 12.

12) Land declared public land in a previous registration case may be the subject of judicial confirmation: a. . The burden is on applicant to prove his positive averments and not for the government or the private oppositors to establish a negative proposition insofar as the applicants’ specific lots are concerned. if he deems it advisable for the interests of the government. holding. the possessor is deemed to have acquired. b. with a certified copy of the decree of confirmation or judgment of the court and the plan and technical description of the land. application is a mere formality: a. Whenever any judgment of confirmation or other decree of the court under Chapter VIII of the PLA shall become final. ii. peaceful and adverse possession in the concept of owner of the lots during the period required by law. however. 1529. in order that he may. a right to a grant. that in Diaz v. 11) Order for the issuance of a decree: a. by operation of law. Section 50 of the PLA requires that every person claiming any lands or interest in lands under Chapter VIII must in every case present an application to the RTC. b. the land ipso jure ceases to be public land and becomes private property. because the beneficiary is 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. shall be immediately forwarded to the Director of Lands. the Supreme Court reversed the order of dismissal. i.• 8) Compliance with all requirements for a government grant ipso jure converts land to private property: a. 9) Application must conform to the requirements of the Property Registration Decree: a. The application for confirmation is a mere formality. The final decree of the court shall in every case be the basis for the original certificate of title in favor of the persons entitled to the property under the procedure prescribed in the Property Registration Decree. that by reason of the claimant’s possession for thirty years he is conclusively presumed to have performed all the conditions essential to a Government grant. without the necessity of a certificate of title being issued.interest’s actual.7) Where applicant has acquired a right to a government grant. praying that the validity of the alleged title or claim be inquired into and that a certificate of title be issued to him under the provisions of PD No. Note. Prior to the publication for hearing. together with a plan of the lands claimed. c. not only against the adverse claimant. c . in a First Level Court. a parcel of land which had been declared public land in a previous registration proceeding was again the subject of application by persons claiming an imperfect title thereto on the basis of their continuous and adverse possession for more than thirty years. Notice of all such applications. Republic. The application shall conform as nearly as may be in its material allegations to the requirements of an application for registration under Section 15 of the Decree.possession in the manner and for the period required by law. but also against all persons. Applications for registration shall be heard in the RTC or. b. Director of Lands. 10)Hearing: a. He must submit convincing proof of his and his predecessor-in. For all legal intents and purposes. b. Where all the requirements for a government grant are complied with. investigate all of the facts alleged in the application or otherwise brought to his attention. i. the land is segregated from the public domain..e. When the conditions specified in Section 48(b) of the PLA are complied with. in proper cases. However. in the same manner and shall be subject to the same procedure as established in the Property Registration Decree. In Zara v. The trial court dismissed the application on the ground of res judicata. the Court ruled that in registration cases filed under the provisions of the PLA for the judicial confirmation of an incomplete and imperfect title. b. all of the papers in said case shall be transmitted by the clerk to the Solicitor General or officer acting in his stead. the clerk of court shall certify that fact to the Director of Lands. the lack of which does not affect the legal sufficiency of the tile as would be evidenced by the patent and the Torrens title to be issued upon the strength of said patent. an order dismissing an application for registration and declaring the land as part of the public domain constitutes res judicata. who may appear as a party in such cases.

and a legislative act or a statute. Muñoz. Republic v. 536 SCRA 108 (2007) Commonwealth Act No. and that the occupants and possessors only a claim an interest in the same by virtue of their imperfect title or continuous. A mere showing of possession for thirty years or more is not sufficient. especially if the applicant has complied with all the requirements of the law. 1945 or earlier. 141 states that the government can declare open for disposition or concession only lands that are officially delimited and classified. 513 SCRA 294 (2007) The reckoning date under the Public Land Act for the acquisition of ownership of public lands is June 12. However. Republic v. Under the PRD. NB: Land registration.• To prove that the land subject of an application for registration is alienable. Republic v. also known as the Public Land Act. continuous. Applicants could not acquire land through adverse possession since the land was only classified as alienable in 1963 AND their possession only started in 1950. and that evidence of possession from that date or earlier is essential for a grant of an application for judicial confirmation of imperfect title. that possession and occupation had started on June 12. prove the following: (a) that the land forms part of the disposable and alienable agricultural lands of the public domain. remains to this day the existing general law governing the classification and disposition of lands of the public domain. . applicants not bound by mistakes of courts. Manna Properties. 1945 for the same to be acquired through judicial confirmation of imperfect title. 1945 or earlier].• Section 8 of CA No. Section 6 of CA No. No fault is attributable to such party if the trial court errs on matters within its sole power.xi. the applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order. 141. the presumption always is that the land applied for pertains to the State. xv. and (b) that they have been in open. 450 SCRA 247 (2005) A party to an action has no control over the Administrator or the Clerk of Court acting as a land court. investigation reports of Bureau of Lands investigators. San Lorenzo. 141 empowers the President to classify lands of the public domain into alienable and disposable• lands of the public domain. A party cannot intervene in matters within the exclusive power of the trial court. when periods are merely directory. Herbieto. in general applies to all types of land. the applicants may acquire title thereto only under the PLA. and notorious possession and occupation of the same under a bona fide claim of ownership either since time immemorial or since 12 June 1945. general law] xiii. 1945 or earlier. It is unfair to punish an applicant for an act or omission over which the applicant has neither responsibility nor control. The law requires that the possession of lands of the public domain must be from at least June 12. Republic v. which is subject to confirmation under the PRD. other than timber and mineral lands. 141 authorizes the President to declare what lands are open to disposition or concession. xiv. exclusive. 427 SCRA 611 (2004) Applicants for confirmation of imperfect title must. he has no right to meddle unduly with the business of such official in the performance of his duties. Section 7 of CA No. The applicant may also secure a certification from the Government that the land applied for is alienable and disposable. which prior to such classification are inalienable and outside the commerce of man. (Note: Substantial requirements for public lands are in the PLA but the procedural requirements are in the PRD. Alconaba.) Civil Code provisions on prescription. open and notorious possession [since June 12. Since the subject lands are alienable and disposable lands of the public domain. while under the PLA. It must be shown too. there already exists a title which is confirmed by the Court. Republic v. excluded therefrom are lands of the public domain which are covered by the PLA [special law v. xii. 459 SCRA 183 (2005) In Relation to the Public Land Act Under CA 141 The CA overlooked the difference between the Property Registration Decree and the Public Land Act. an administrative action.

That the several periods of time designated by the President in accordance with section forty-five of this Act shall apply also to the lands comprised in the provisions of this chapter. specifically "immemorial possession. The persons specified in the next following section are hereby granted time not to extend beyond December thirty-one. Since these words are separated by the conjunction and. is not jurisdictional but is more of a time limitation. 141. When referring to possession. beyond human memory. Director of Lands v. xvi. as amended. approved on June 13. The rule is that where the defendants never pleaded the statute of limitations that are deemed to have waived it and it is error for the lower court to dismiss the proceeding on that ground. The "next following section" referred to is section 48 of Commonwealth Act No.interest have been in open. Also. 47.A. 48. 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. 1945. under a bona fide claim of acquisitionof ownership. Director v. Such possession was never present in the case of the private respondents. 96 SCRA 161 (1980) Section 47 of Commonwealth Act No. Buyco. but this section shall not be construed as prohibiting an of said persons from acting under this chapter at any time prior to the period fixed by the President. But those titles have not been perfected or completed. as amended by Republic Act No. No. it seeks to delimit the all- encompassing effect of constructive possession. it is a defense or objection which should have been set up either in a Motion to Dismiss or in an Answer. Possession is broader than occupation because it includes constructive possession. As such." it means possession of which no man living has seen the beginning and the existence of which he has learned from his elders. 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. nineteen hundred and sixty-eight within which to take advantage of the benefit of this chapter: Provided. the law adds the word occupation. The following described citizens of the Philippines. 2061. 1942. therefore. continuous. Daño. immemorial simply means beyond the reach of memory. his possession must not be a mere fiction. When.Section 48(b) of C. or earlier. xvii. for at least thirty (30) years immediately preceding the filing of the application for confirmation of title except when prevented by was or force majeure. He may also show that he has been in continuous. continuous. provides: SEC. under the Land Registration Act.1958. continuous. the applicant must present evidence of an imperfect title such as those derived from the old Spanish grants. a person who seeks the registration of title to a piece of land on the basis of possession by himself and his predecessors-in-interest must prove his claim by clear and convincing evidence. to wit: xxxxxx xxx (b)Those who by themselves or through their predecessors-in. The Court agrees with respondent Court that the period fixed by Section 47 of the Public Land Act CA 141). as amended by republic Act No. he should not rely on the weakness of the evidence of the oppositors. occupying lands of the public domain or claiming to own any such land or an interest therein. the word occupation serves to highlight the fact that for an applicant to qualify. open and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership and for the period prescribed under Section 48(b) of the Public Land Act. as amended provides that persons may file in the proper Court of First Instance [now Regional Trial Court] an application for registration of title to land those who by themselves or through their predecessors-in-interest have been in open. which reads as follows: Sec. there 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. As defined. 141. . 216 SCRA 78 (1992) As to the matter to be proved. he is deemed to have waived the same. exclusive and notorious. The law speaks of possession and occupation.22 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. the clear intention of the law is not to make one synonymous with the other. Inasmuch as petitioner had never pleaded the statute of limitations. exclusive and notorious possession and occupation of agricultural lands of the public domain. Simply put. Taken together with the words open. the Court has repeatedly held that the declaration of ownership for purposes of assessment on the payment of the tax is not sufficient to prove ownership. 141. or time out of mind.

when it covers property of public domain classified as forest or timber and mineral lands. Section 5. the lower court counted the period of possession of private respondents before the same were released as forest lands for disposition. and cultural well-being. 148 SCRA 480 (1987) A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens System. . social. Constitutional Provisions 1987 Constitution: i. and tree farming purposes. Republic v. It shall consider these rights in the formulation of national plans and policies. shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic. traditions. it goes without saying that they had acquired no vested right. as amended. iv. Article II The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Any title issued on non. Article XII The State. Note that in granting titles to the land in dispute. their titles to said lands derived from the titles of private respondents which were not validly issued as they cover lands still a part of the public domain. with respect to individually-owned ancestral lands who. have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141. For this purpose. RA 8371 Registration Under The Indigenous Peoples Rights Act Section 12. Article XIV The State shall recognize. and their integration into the mainstream of society. xix. it is well-settled that a certificate of title is void. CA. NOTES REGISTRATION UNDER IPRA: 1) Indigenous Peoples Rights Act: a. even assuming that the transferees are innocent purchasers for value. Section 2. residential. which are agricultural in character and actually used for agricultural. Option to Secure Certificate of Title under Commonwealth Act 141. xviii. including those with a slope of eighteen percent (18%) or more. respect. pasture. The Congress may provide for the applicability of customary law governing property rights or relations in determining the ownership and extent of ancestral domain. Article XIII The State shall establish a special agency for disabled persons for their rehabilitation. Moreover. may be cancelled.Considering that the private respondents became American citizens before such filing. or the Land Registration Act 496. which release is tantamount to qualifying the latter to a grant on said lands while they were still non-disposable. self-development and self- reliance. Section 6. SECTION 12. The option granted under this Section shall be exercised within twenty (20) years from the approval of this Act.disposable lots even in the hands of an alleged innocent purchaser for value. shall be cancelled. Individual members of cultural communities. ii. under the foregoing rulings. iii. consisting of an imperfect title over to property before they lost their Philippine citizenship. or the Land Registration Act 496. as amended. are hereby classified as alienable and disposable agricultural lands. said individually-owned ancestral lands. Thus. and institutions. and protect the rights of indigenous cultural communities to preserve and develop their cultures. subject to the provisions of this Constitution and national development policies and programs. Section 17. by themselves or through their predecessors-in -interest.

The foregoing provisions are the cornerstone of the IPRA which was enacted to recognize and promote all the rights of the indigenous cultural communities in the country. therefore. pursuant to Rule 56. and utilized a defined territory devolved to them. Ancestral Domains – It refers to all areas generally belonging to ICCs/IPs comprising lands. Justice Puno said that the IPRA is a novel piece of legislation. agricultural. traditions and other distinctive cultural traits. b. the petition was dismissed. through resistance to political. under claims of individual or traditional group ownership. The concept of individual land ownership under the civil law is alien to them. inland waters. . It grants the ICCs/IPs a distinct kind of ownership over ancestral domains and ancestral lands. (Cruz v. Accordingly. swidden farms and tree lots. have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest. including. customs. c. stealth. non-indigenous religions and cultures. and the questioned law was deemed upheld as valid. as far back as memory reaches. under claims of ownership since time immemorial. possessed in the concept of owner. the case was redeliberated upon. occupied. stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations.v. 347 SCRA 128) ii. or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations. have been held under a claim of private ownership by ICCs/IPs. hunting grounds. Domains and lands held under native title are. Secretary. bodies of water. 347 SCRA 128) 2) Definition of Terms: a. sharing common bonds of language. possessed and utilized by individuals. the voting remained the same. possessed and utilized such territories. became historically differentiated from the majority of Filipinos. held under a claim of ownership. in accordance with their customs and traditions. by operation of customary law or inherited from their ancestors. by themselves or through their predecessors-in- interest. occupied or possessed by ICCs/IPs. It shall include ancestral lands. Time Immemorial – It refers to a period of time when as far back as memory can go. worship areas. or who have. As the votes were equally divided (7 to 7) and the necessary majority was not obtained.(Cruz v. forests. In his separate opinion. Native Title – It refers to pre-conquest rights to lands and domains which. burial grounds. residential. He noted that land titles do not exist in the indigenous peoples’ economic and social system. continuously to the present except when interrupted by war. However. The ownership given is the indigenous concept of ownership under customary law which traces its origin to native title. but not limited to. deceit. and defines the extent of these lands and domains. The IPRA categorically declares ancestral lands and domains held by native title as never to have been public land. after redeliberation. families and clans who are members of the ICCs/IPs since time immemorial. certain ICCs/IPs are known to have occupied. Ancestral Lands – It refers to land occupied. Indigenous Cultural Communities/Indigenous Peoples – It refers to a group of people or homogenous societies identified by self-ascription and ascription by others. pasture. who have continuously lived as organized community on communally bounded and defined territory. Section 7 of the Rules of Court. Secretary. deceit. It grants these people the ownership and possession of their ancestral domains and ancestral lands. continuously. 3) Indigenous Concept of Ownership: a. and natural resources therein. rice terraces or paddies. social and cultural inroads of colonization. The IPRA recognizes the existence of the indigenous cultural communities or indigenous peoples (ICCs/IPs) as a distinct sector in Philippine society. and which are necessary to ensure their economic. d. communally or individually since time immemorial. social and cultural welfare. private forests. b. by themselves or through their ancestors. Constitutionality of IPRA i. and other lands individually owned whether alienable and disposable or otherwise. force majeure or displacement by force. coastal areas. to the present except when interrupted by war. e. force majeure or displacement by force. mineral and other natural resources. residential lots. indisputably presumed to have never been public lands and are private. b. and who have.

4) The IPRA connotes group or communal ownership: a. however. the property held in common is meant to benefit the whole indigenous community and not merely the individual member. series of 1993. self-delineation is the guiding principle in the identification and delineation of ancestral domains. 5) Ownership over the natural resources belong to the State: a. pursuant to its own decision making process. in Cruz v. c. or that the community. if any. e . b. development or exploitation of any natural resources within ancestral domains. iv. sold or conveyed to other persons by any one person and belongs to the ICCs/IPs as a community. . c. ii. While ancestral domains and ancestral lands are considered private in character. c. ICCs/IPs have priority rights in the harvesting. The domain cannot be transferred. extraction. iii. that a formal written agreement is entered into with the ICCs/IPs concerned. ICCs/IPs have priority rights in the exploitation of natural resources within ancestral domains: i. It is important. d. Ancestral Domains Delineated Prior to this Act . the NCCIP (National Commission on Indigenous Peoples) may exercise visitorial powers and take appropriate action to safeguard the rights of the ICCs/IPs under the same contract. Ancestral lands and ancestral domains are not deemed part of the lands of the public domain but are private lands belonging to indigenous cultural communities or indigenous peoples (ICCs/IPs) who have actually occupied. Ancestral domains remain as such even when possession or occupation of the area has been interrupted by causes provided under the law such as voluntary dealings entered into by the government and private individuals/corporation. opines that the mere fact that Section 3(a) defines ancestral domains to include the natural resources found therein does not ipso facto convert the character of such natural resources as private property of the indigenous people. The ancestral domain is owned in common by the ICCs/IPs and not by one particular person. A non-member of the ICCs/IPs may be allowed to take part in the development and utilization of the natural resources for a period not exceeding 25 years renewable for not more than 25 years. This concept maintains the view that ancestral domains are the ICCs/IPs private but community property. Justice Puno states that the ICCs/IPs rights over the natural resources the form of management or stewardship. b. The sworn statement of the elders as to the scope of the territories and agreements/pacts made with neighboring ICCs/IPs. Secretary of Environment and Natural Resources. Meanwhile. has agreed to allow such operation. d. d. Ancestral lands/domains include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess. By virtue of the communal character of ownership. it does not necessarily mean that natural resources found therein belong to the ICCs/IPs as private property. Justice Kapunan. will be essential to the determination of these traditional territories. nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law. possessed and utilized their territories under claim of ownership since time immemorial. 8371. Under RA No. The government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. occupy and use and to which they have claims of ownership. ICCs/IPs do not lose possession over area covered by a TLA (Timber License Agreement): i. Procedures: i. 6) Delineation and recognition of ancestral domains: a.The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. It is private simply because it is not part of the public domain. But its private character ends there. b. 2.

The denial shall be appealable to the NCIP: Provided. containing the grounds for denial. 8) Pictures and descriptive histories of traditional communal forests and hunting grounds. the Ancestral Domains Office shall require thesubmission of additional evidence: Provided. iv. The secretaries of the DAR. ridges.The Chairperson of the NCIP shall certify that the area covered is an ancestral domain. 5) Survey plans and sketch maps. further. or through a Petition for Delineation filed with the NCIP.A complete copy of the preliminary census and a report of investigation. and a description of the natural features and landmarks embraced therein. and any other government agency claiming jurisdiction over the area shall be notified thereof. copy furnished all concerned. furthermore. vii.On the basis of such investigation and the findings of fact based thereon. shall be prepared by the Ancestral Domains Office of the NCIP. That mere posting shall be deemed sufficient if both newspaper and radio station are not available. iii. sacred places and old villages. DENR. That in cases where there are conflicting claims. Report of Investigation and Other Documents . Preparation of Maps . 4) Historical accounts. and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents: 1) Written accounts of the ICCs/IPs customs and traditions. However. burial grounds. without prejudice to its full adjudication according to the selection below. 3) Pictures showing long term occupation such as those of old improvements. A copy of the document shall also be posted at the local.Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath. Endorsement to NCIP . the Ancestral Domains Office of the NCIP shall prepare a perimeter map.Within fifteen (15) days from publication. 9) Pictures and descriptive histories of traditional landmarks such as mountains. and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided. viii.The official delineation of ancestral domain boundaries including census of all community members therein. the Ancestral Domains Office shall give the applicant due notice. 7) Genealogical surveys. . rivers. Petition for Delineation . including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. That in areas where no such newspaper exists. including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs. creeks. ii. Notice and Publication . That in case of rejection. provincial and regional offices of the NCIP. DILG. Proof required . shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. vi. complete with technical descriptions. the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof.The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned. v. if the proof is deemed insufficient. and 10) Write-ups of names and places derived from the native dialect of the community. hills. and of the inspection process. by a majority of the members of the ICCs/IPs. the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. broadcasting in a radio station will be a valid substitute: Provided. further. and DOJ. 6) Anthropological data. ix. the Commissioner of NDC. terraces and the like. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies .A copy of each document. Such notification shall terminate any legal basis for the jurisdiction previously claimed. That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided. Delineation Paper . 2) Written accounts of the ICCs/IPs political structure and institution.

The denial shall be appealable to the NCIP. c. shall cause a parcellary survey of the area being claimed. In case of conflicting claims among individual or indigenous corporate claimants. copy furnished all concerned. including tax declarations and proofs of payment of taxes.x. Issuance of CADT . Upon receipt of the applications for delineation and recognition of ancestral land claims. the Ancestral domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. containing a list of all those identified in the census. may shed light on the veracity of the contents of the application/claim. The Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. A copy of the document shall also be posted at the local. the Ancestral Domains Office shall investigate and inspect each application. Proofs of such claims shall accompany the application form which shall include the testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of owners which shall be any of the authentic documents enumerated under Sec. 7) Identification. which shall. the Ancestral Domains office shallgive the applicant due notice. d. Fifteen (15) days after such publication. delineation and certification of ancestral lands: a. The NCIP. the Ancestral Domains Office shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. 62 of this Act. e. shall register all CADTs and CALTs with the Register of Deeds of the place where the properties are located. b. through the ADO.ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned. The recordings of the CADT and CALT does not result in the issuance of a Torrens certificate of title. That mere posting shall be deemed sufficient if both newspapers and radio station are not available f. respectively. The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions. in turn. Registration of CADTs . The NCIP is the agency authorized to issue a certification precondition in favor of any entity which desires to undertake operations within the ancestral domains of the indigenous peoples or whose proposed projects will affect the ancestral domains. which in its opinion. The law does not grant the executive department the power to delineate and recognize an ancestral domain claim by mere agreement or compromise. evaluate or corporate (family or clan) claimant over ancestral lands. further. 8) Registration of CADTs and CALTs: a. b. provincial. and if found to be meritorious. containing the grounds for denial. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains may have their claims officially established byfiling applications for the identification and delineation of their claims with the Ancestral Domains Office. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP. Sworn Statements and the like. That in areas where no such newspaper exists. and regional offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided. c. and g. without prejudice to its full adjudication according to Sec. 52 (d) of this act. broadcasting in a radio station will be a valid substitute: Provided.The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated. d. In case of rejection. The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents. and xi. . An individual or recognized head of a family or clan may file such application in his behalf or in behalf of his family or clan. like a Torrens title issued through regular registration proceedings.

By operation of law (IPRA). iv. it being sufficient to show that the land is duly identified. It is generally conclusive evidence of ownership. mortgage. b. modified. A duly issued Torrens certificate of title covering ancestral lands has the same efficacy. By Torrens Title under the Public Land Act (CA No. He must have been in possession of an individually-owned ancestral land for not less than thirty (30) years. once issued. ii. 1945 as well as the classification of the land as A and D land at least at the time the application for registration is filed. the land is already classified as alienable and disposable (A and D) land. 1529) with respect to ancestral lands only: 1. altered. hence. The land shall not be subject to any burden except those noted on the certificate. The certificate. The title shall not be subject to collateral attach nor can it be impugned. even if it has a slope of 18% or over. v. enlarged or diminished except in a direct proceeding permitted by law. as amended) or the Property Registration Decree (PD No. There is no need to secure a separate certification that the ancestral land is A and D in character. By Native Title over both ancestral lands and domains: 1. and 3. d. The IPRA converts ancestral land as public agricultural land for registration purposes: i. validity and indefeasibility as any title issued through regular registration proceedings. iii. delineated and certified as such. ii. as far back as memory reaches. It is moreover subject to the rule on imprescriptibility. A Torrens certificate of title accumulates in one document a precise and correct statement of the exact status of the fee simple title which an owner possesses. f.― like sale. The applicant is a member of an indigenous cultural group. or lease. the instrument embodying the transaction. Effect of Registration: i. ancestral lands may be the subject of registration under the Public Land Act or Property Registration Decree. ii. . It is to be noted that no part of the ancestral domains may be the subject of alienation or disposition because these are communally owned although private in nature. there is no need to submit a separate certification that the land has been classified as A and D land. c. 2. e. is the evidence of the title which the owner has. c. the registration of ancestral lands is different in the sense that: 1. changed.Native title refers to pre-conquest rights to lands and domains which. What appears on the title is controlling on questions of ownership since the certificate of title is an absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein. have been held under a claim of ownership by indigenous cultural communities. Unlike regular registration proceedings where the applicant must prove possession of public agricultural land since June 12. 2 Modes of Acquisition: i. Native title presumes that the land is private and was never public. On the other hand. together with the owner’s duplicate certificate shall be presented to the Register of Deeds for him to annotate the encumbrance created by the instrument on said title or to issue a new title to the person to whom the land has been conveyed. 141. In the event any part of the ancestral land is the subject of a subsequent “dealing. The purpose of registration is simply to apprise the public of the fact of recognition by the NCIP of specific claims to portions of ancestral domains or ancestral lands. 9) Modes of Acquisition: a.

(Sec. no ancestral land shall be opened for mining operations: i. 7076. These lands may be transferred subject to the following limitations: 1. upon utilization of the minerals. it is the Philippine Economic Zone Authority (PEZA) which has authority to issue building permits for the construction of structures within the areas owned or administered by it.It is mandated to promulgate the necessary rules and regulations for the implementation of the Act. plans. No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned. Authority of PEZA to issue building permits: i. The right of ownership and possession of the ICCs/IPs to their ancestral lands shall be recognized and protected. In the event of an agreement for mining operations. the members of the cultural communities therein shall be given priority in the awarding of small- scale mining contracts. programs and projects for the economic. Only to the members of the same ICCs/IPs. Philippine Mining Act of 1995) iii. ii. 2. and shall form part of a trust fund for the socio- economic well. If ancestral lands are declared as people’s small-scale mining areas. . 7942. ii.member of the ICCs/IPs. People’s Small-Scale Mining Act of 1991) f. e. Generally. and 3.The NCIP is vested with jurisdiction over all claims and disputes involving the rights of ICCs/IPs. PEZA may require owners of structures built without said permit to remove such structures. 3. social and cultural development of the ICCs/IPs and to monitor the implementation thereof.― 10) National Commission on Indigenous Peoples (NCIP): a. Subject to the right of redemption of the ICCs/IPs for a period of fifteen (15) years if the land was transferred to a non. In accord with customary laws and traditions. 16 of RA No. quasi-legislativeand quasi-judicial powers to carry out its mandate. disposed or destroyed.It is the primary agency charged with the formulation and implementation of policies.being of the indigenous cultural community. the royalty payment. Unlike the ICCs/IPs private but communal ownership over ancestral domains which belong to all generations and therefore cannot be sold. d. Formulation of policies. but not to domains. 2. 17 of RA No. iii. 7942. No ancestral land may be declared as a people’s small-scale mining area without the prior consent of the cultural communities concerned. Specific powers and functions: i. Resolution of conflicts: 1. whether on public or private lands. By specific provision of law. Philippine Mining Act of 1995) ii. A certificate of ancestral land claim (CALC) is merely “a registered claim and not a proof of ownership.The only condition precedent to the NCIP’s assumption of jurisdiction over such disputes is that the parties thereto shall have exhausted all remedies provided under their customary laws and have obtained a certification from the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved. Transfer of Land or Property Rights: i. 2. issuance of rules and regulations: 1. ownership over the ancestral domains allows the transfer of ancestral land or property rights thereto to members of the same group. shall be agreed upon by the parties. (Sec.The NCIP has been granted administrative. This is in keeping with the option given to ICCs/IPs to secure a Torrens title over the ancestral lands. ii. (Section 7 of RA No.

agreements. The NCIP has the authority to decide all appeals from the decisions and acts of all the various offices within the Commission. 5. 2. Original Jurisdiction: 1. 3. It should be noted however that jurisdiction over actions or incidents affecting a certificate of title issued through registration proceedings is vested in the courts of justice. implementation. 4. 2. Issuance of CADT/CALT: 1. order. property rights b. award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application. lease. sacred places. if not restrained forthwith. 8371. Any decision. Cancellation of ancestral domain and ancestral land titles: 1. provided that such action is filed within one (1) year from the date of registration. Cases affecting a. grant. enforcement and interpretation of the Act may be brought by a petition for review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof. papers. any person or community as provided for under Section 54 of RA No. or any other similar authority for the disposition. Among the other powers of the NCIP are the following: 1. Violations of the requirement of free and prior and informed consent of ICCs/IPs. Power to cite for contempt. v. hereditary succession d. 3. 8371. and impose appropriate penalties therefor. records. b. and 4. And cases analogous to the foregoing. ii. vi. 3. directly or indirectly. contracts. iv.The NCIP has the authority to issue certificates of ancestral domain title (CADT) or certificates of ancestral land title (CALT). and other document of similar nature as may be material to a just determination of the matter under investigation or hearing conducted in pursuance of this Act. utilization and management of portions of the ancestral domain with the consensus approval of the ICCs/IPs concerned. and issued to. summon the parties to a controversy. 4. and settlement of land disputes between and among ICCs/IPs that have not been settled under customary laws . 2. All disputes and controversies involving ancestral lands /domains. iii. claims of ownership c. To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Act. or rituals. To hold any person in contempt. issue restraining order. Issuance of certification as a precondition to the grant of permit: 1. Actions for the enforcement of decisions of ICCs/IPs involving violations of customary laws or desecration of ceremonial sites. Original and Exclusive Jurisdiction: 1. may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. Regional Hearing Offices: i. To administer oaths. To enjoin any or all acts involving or arising from any case pending before it which. Actions for redemption/reconveyance under Section 8(b) of RA No.The NCIP has the authority to issue the appropriate certification as a pre-condition to the grant of permit. The NCIP has exclusive and original jurisdiction over petitions for the cancellation of Certificate of Ancestral Domain Titles/Certificate of Ancestral Land Titles (CADTs/CALTs) alleged to have been fraudulently acquired by.

1529) i. ii. mortgage. 3344 and not under the Property Registration Decree. and supersedes all other laws relative to registration of property•. Issued on June 11. ADO shall also be responsible for the management of ancestral lands/domains in accordance with a master plan as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of the IPRA. nor can the registration be effective for purposes of Article 1544 of the Civil Code on double sale. 1978. c. Voluntary. iv. 2) Laws governing land registration: a. Voluntary. delineation and recognition of ancestral lands/domains. lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs or their ancestral domains and to assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains. 1936. ADDITIONAL NOTES SEC. however. Enacted on February 11. ii. lease or other voluntary instrument affecting land not registered under the Torrens system shall be valid.ADO shall likewise perform such other functions as the NCIP may deem appropriate and necessary. One of the offices under the NCIP. iv. Actions for damages arising out of any violation of Republic Act No. but the sale is registered under Act No. The Public Land Act governs the judicial confirmation of imperfect or incomplete titles on the basis of possession and occupation o alienable portions of the public domain in the manner and for the length of time required by law. unless such instrument shall have been recorded in the office of the Register of Deeds. Cadastral Act (Act No. iv. c. Compulsory as it is the government itself which initiates the petition. 2259) i. ii. certification prior to the grant of any license. or the Land Registration Act. 1936. upon the free and prior informed consent of the ICCs/IPs concerned. 14 of the PRD: 1) System of Registration: a. iii. conveyance. Chapter VIII of the Act. 1529 which provides that no deed. There are two systems of registration: one for registered lands under PD No. but which became effective on December 1. 3344 if the property is registered under the Torrens system.The relevant provisions are Sections 47 to 57. The ADO shall be responsible for the identification. Ancestral Domains Office: i. 1913. It has substantially incorporated the provisions of Act No. The recording of instruments relating to unregistered lands is governed by Section 113 of PD No. 496. 8371. e. b. b. The Property Registration Decree is a codification of all laws relative to registration of property. iii. shall be without prejudice to a third party with a better right. There can be no constructive notice through registration under Act No. . c. The recording. 3344. d. except as between the parties thereto. If a parcel of land covered by a Torrens title is sold. Public Land Act (CA No. the sale is not considered registered. 1529 (Property Registration Decree) and the other for unregistered lands under Act No. iii. ii. Approved on November 7. v. Property Registration Decree (PD No.2. ADO shall also issue. 141) i.

shall have the option to secure title to their ancestral lands under the provisions of the Public Land Act of the Property Registration Decree. the application shall be signed and sworn to by and in behalf of each. It aims to serve public interests by requiring that the title to any lands be titled and adjudicated•. has become the property of some particular person or persons as a present interest. v. if known. that salient provisions in the Cadastral Act have now been carried over in the present Property Registration Decree. together with the building and improvements thereon. iii. . Vested rights may not be impaired without violating one’s right to due process. not communally. The application. Section 15. It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners. the name of the wife or husband. and. B. 8371) i. It is some right or interest in property which has become fixed and established and is no longer open to doubt or controversy. and to have the title thereto registered and confirmed: AND DECLARE . A right is vested when the right to enjoyment. not domains. if the marriage has been legally dissolved.____________________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree. particularly in Sections 35 to 38 of the Decree. except in a legitimate exercise of the police power. be substantially as follows: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT of _________________ The undersigned. d. and defines the extent of these lands and domains. IPRA recognizes the rights of ownership and possession of indigenous cultural communities or indigenous peoples (ICCs/IPs) to their ancestral domains and ancestral land on the basis of native title. and such lands must be individually. Voluntary. shall. . If there is more than one applicant. and individual members of cultural communities. however. . iii. when and how the marriage relation terminated. iv. 3) Vested rights cannot be impaired by subsequent law: a. with respect to their individually-ownedancestral lands. It may be noted. Form and Contents. it shall state the extent of the search made to find them. 1. The application for land registration shall be in writing. iv. present or prospective. or by a change in the constitution of the State. owned. For purposes of registration. d. v. in form. and. and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. whether single or married. Forms and Contents Dealing With Land i. and. signed by the application or the person duly authorized in his behalf. A State may not impair vested rights by legislative enactment by the enactment or by the subsequent repeal of a municipal ordinance. Approved on October 29. with the exception of the following:_____________________ which is/are the property of __________________ . ii. the IPRA expressly converts ancestral lands into public agricultural lands. c. if married. Cadastral Act is an offspring of the system of registration under the Land Registration Act. b.That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree). if not known. This option is limited to ancestral lands only. Indigenous Peoples Rights Act (RA No. 1997. . The application shall contain a description of the land and shall state the citizenship and civil status of the applicant.

nor any other person having any interest therein. 9.That the applicant's/s' full name. _______ issued at _________ dated _______. in the year twenty hundred and ______________________. or other Officer authorized to administer oaths) PTR NO. State also whether the property is conjugal. information and belief. 4.)_______________________. there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.That said land at the last assessment for taxation was assessed at P ____.That the names in full and addresses. with the following exception:_________________________. of the persons mentioned in paragraphs 3 and 5. 14 of said Decree.That the applicant/s has/have acquired said land in the following manner: ________________________________.That to the best of my/our knowledge and belief. 6.residing at __________________ The said land.That (Note: If the land included in the application is bounded by a public or private way or road. are as follows: _________________________________________. there is no mortgage or encumbrance of any kind whatsoever affecting said land. _________________ . of the owners of all adjoining properties. 20___. 3. age.That the following documents are attached hereto and made a part hereof: ___________________________________. Signed at ___________________ this _____________________ day of ____________________. paraphernal or exclusive property of the applicant/s) 5. consisting of __________________ parcel/s is/are situated. 10. legal or equitable. as far as known to the undersigned.) ______________________________. 8. and the buildings and other improvements at P ___________. residence. 7.That said land is occupied by the following person: _________________. ________________________ (Notary Public. The Residence Certificate/s __________ of the applicant/s __________ was/were exhibited to me being No.That the applicant/s is/are single or married to____________________ (Note: if marriage has been legally dissolved.named ____________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge. Philippine currency. citizenship. other than as follows:__________________________________. and of the persons shown on the plan as claimants.20 ___ personally appeared before me the above. Philippine currency. __________________________ Applicant _________________________ (Post Office Address) REPUBLIC OF THE PHILIPPINES PROVINCE (OR CITY) OF _______________ On this ___ day of _________. bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof. 2. and postal address/es is/are as follows: _______________________________. state when and how the marriage relation terminated. (Note: Refer to Sec. or in possession.

thereof. when and how the marriage relation terminated. Survey of land by the Lands Management Bureau or a duly licensed private surveyor. i. Hearing of the case by the court. h. and. b. Whether or not the property is conjugal. if not known. if any. f. and whether the applicant desires to have the line of the way or road determined. If the land is bounded by a public or private way or road. and. and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. and n. Posting by the sheriff of the notice in a conspicuous place on the land and in the bulletin board of the municipal building or city where the land is situated. NOTES SECTION 16 of PRD: 1) Non-resident applicant may be represented by an attorney-in-fact: . d. h. Filing of answer to the application by any person whether named in the notice or not. and i. and. Section 16. or leaves the Philippines. Issuance of an order for the issuance of a decree declaring the decision final and instructing the Land Registration Authority to issue the decree of confirmation and registration. he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines. m. or any other person having any interest therein. c. paraphernal or exclusive property of the applicant. k. Non-resident applicant. and technical description. f. i. surveyor’s certificate. and. legal or equitable. g. or in possession. Citizenship and civil status of the applicant. If the agent or representative dies. b. the name of the wife or husband. Full names and addresses of all occupants of the land and those of the adjoining owners. d. If the applicant is not a resident of the Philippines. Subject to the conditions provided for in Section 15 of the PRD. upon payment of the prescribed fees. if known. Muniments of Title. if married. e. Original muniments of title and other related documents supporting applicants claim of ownership.NOTES SECTION 15 of PRD: 1) Requisite steps in bringing land under the Torrens System. Service by mailing of notice upon contiguous owners. Transmittal of the application and the date of initial hearing together with all the documents or other evidences attached thereto by the Clerk of Court to the Land Registration Authority. Setting of the date for the initial hearing of the application by the court. whether single or married. application for land registration shall provide information on the following: a. 2)Form and contents of the application for registration: a. Sending of copy of the decree of registration to the corresponding Register of Deeds. the applicant shall forthwith make another appointment for the substitute. Transcription of the decree of registration in the registration book and the issuance of the owner’s duplicate original certificate of title to the applicant by the Register of Deeds. c. Entry of the decree of registration in the Land Registration Authority. l. Full description of the land as evidenced by a survey plan duly approved by the Director of Lands. if the marriage has been legally dissolved. The manner by which the applicant has acquired the land (refer to Section14. Assessed value of the land and the buildings and improvements thereon. whether or not the applicant claims any and what portion of the land within the limits of the way or road. it shall state the extent of the search made to find them.are instruments or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate. Filing of application for registration by the applicant. occupants and those known to have interests in the property. g. Names of all occupants of the land. j. giving his full name and postal address. 1529). PD No. Promulgation of judgment by the court. Publication of the notice of the filing of the application and date and place of the hearing in the Official Gazette and in a newspaper of general circulation. j. Whether or not there are mortgages or encumbrances of any kind whatsoever affecting the land. e. if he fails to do so the court may dismiss the application.

Amendments.• NOTES SECTIONS 18 & 19 of PRD: 1) A single application may be filed for two or more parcels: a. ownership became consolidated in the vendee. or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms. the applicant sold the property to another under pacto de retro. notice shall be given them and an opportunity to present whatever opposition they may have to the registration of the land included in the new plans. Publication is one of the essential bases of the jurisdiction of the court in land registration and cadastral cases. Amendments to the application including joinder. by the secretary of embassy or legation. i. Section 18. i. no new publication is required. vice consul or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept. consul. through failure of opportune notice. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. c. d. and additional territory cannot be included by amendment of the plan without new publication. The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. . together with the claimant’s muniments of title to prove ownership. What and where to file. a reduction of the original area that was published. substitution. A special power of attorney executed before a notary public or other competent official in a foreign country cannot be admitted in evidence unless it is duly certified in accordance with Section 24. consul general. 2) Substantial amendment of boundaries or area requires publication and notice: a. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. Application covering two or more parcels. 2)No plan or survey may be admitted in land registration proceedings until approved by the Director of Lands. the latter as the new and lawful owner is entitled to be subrogated in place of the applicant and may continue the proceedings in the case and finally obtain title as owner. It is not permissible to make amendments or alterations in the description of the land after its publication in the newspapers and after the registration of the property has been decreed. Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application.• NOTES SECTION 17 of PRD: 1)The application for registration must be accompanied by a survey plan of the land duly approved by the Director of Lands. without the publication of new notifications and advertisements making known to everyone the said alterations and amendments.. might be seriously affected in their rights. Where during the pendency of an application for registration. If the amendment does not involve an addition. b. Rule 132 of the Rules of Court. Otherwise. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. and third parties who have not had an opportunity to present their claims. a. and authenticated by the seal of his office. Section 17.e. but on the contrary. Section 19. If new survey plans do not conform to the plans earlier presented and affect the rights of third persons. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands. but owing to the lapse of the redemption period. the law would be infringed with respect to the publicity which characterizes the procedure.

or ii. If the application describes the land as bounded by a public or private way or road. by motion or other appropriate pleading. it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road.• Section 21. the corresponding subdivision plan should also be presented. When land applied for borders on road. b. ocular inspection. e. the interested party should submit to the court the pertinent instruments evidencing the transaction to be considered in the final adjudication of the case. It may also conduct an ocular inspection. It should be noted that the adjudication of land in a land registration or cadastral proceeding does not become final.Section 20. Section 108 involves amendments after entry of the certificate of title. Whatever may be the nature of the transaction. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. Order the land registered subject to the conveyance or encumbrance created by such instruments. and the approved subdivision plan where a portion of the land is conveyed to another. the title is not deemed finally adjudicated and the decision in the registration proceeding continues to be under the control of the court. the land therein described may still be the subject of dealings in whole or in part. Requirement of additional facts and papers. f. d. after notice to the parties. it being sufficient that the court. 2) Dealings or transactions entered into pending registration do not require amendment of application: a. the court shall: i. As long as the final decree has not been entered. shall order such land registered subject to the conveyance or encumbrance created by said instruments. if necessary. i. or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments. After the filing of the application and before the issuance of the decree of registration. and whether the applicant desires to have the line of the way or road determined. Section 22 should be differentiated from Section 19 which refers to amendments to the application by joinder. On the other hand. until after one year from the entry of the final decree prepared by the LRA. transactions affecting the property pending registration should be made known to the court for appropriate consideration. Upon notice to the parties. in the sense of incontrovertibility. g. indicating the relief desired. c. Hence.• NOTES SECTION 22 of PRD: 1) Dealings with the land while its registration is pending: a. Section 22 does not require amendment of the application. d. b.• Section 22. In case of transfer of a portion of the land. Neither does it require that the buyer• or the person to whom the property has been conveyed• be a party to the case. . c. Order that the decree of registration be issued in the name of the person to whom the property has been conveyed. substitution or discontinuance of the parties. be presented with the instruments evidencing the transaction. The law does not require that the application for registration be amended by substituting the buyer• or the person to whom the property has been conveyed• for the applicant. Dealings with land pending original registration. The applicant or the parties to the transaction ay file the corresponding motion or manifestation. and the one-year period has not elapsed from such entry. in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court.

after notice to the parties.Anonuevo admitted that she had a conversation with petitioner's cousin elena Dumalaon about the latter's apprehension that their land may have been included in respondent's application for registration of the disputed land. He may thus be a total stranger to the land registration proceedings. 22 of P. the application "shall also state the full names and addresses of all occupants of the land and those of the adjoining owners if known. the land therein described may still be the subject of dealings in whole or in part. Caoibes. De Neri. duly approved by the Bureau of Lands which is mentioned in Sec. shall . 17. in which case the interested party shall present to the court the pertinent instruments together with the subdivision plan approved by the Director of Lands in case of transfer of portions thereof. Of the PD 1529stating that the application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. Divina v.D. v. The only requirements of the law are: 1. As early as Francisco vs. 1529 is explicit in requiring that in the application for registration of land titles. and (2) that prior notice be given to the parties to the case. 496 SCRA 273 (2006) The law does not require that the application for registration be amended by substituting the "buyer" or the "person to whom the property has been conveyed" for the applicant." The trial court was correct when it took notice that respondent's sister Lydia Gajo. The Land Registration Act. Unless a plan and its technical description are duly approved by the Director of Lands. iii. 496. 1529 (Property Registration Decree which became effective on June 11. and 2. ii. He may thus be a total stranger to the land registration proceedings. The submission of the plan is a statutory requirement of mandatory character.That prior notice be given to the parties to the case. 97 SCRA 22 [1980]. Caoibes-Pantoja. Republic v. 424 SCRA 676 (2004) Applicants for land registration are required to append a survey plan to their application. Neither does it require that the "buyer" or the "person to whom the property has been conveyed" be a party to the case. Dealings with land pending original registration. It behooved the trial court not to take cognizance of any application for land registration in the absence of a survey plan duly approved by the Director of the Bureau of Lands appended thereto.That the instrument be presented to the court by the interested party together with a motion that the same be considered in relation with the application. Respondent's omission of this material information prevented petitioner from having his day in court.D. said lands cannot be registered under the respondents’ name. it shall state the extent of the search made to find them. provides: SEC. The submission of the plan approved by the Director of the Bureau of Lands is a statutory requirement which is mandatory in nature. The trial court in its decision more than amply supported its conclusion with jurisprudence to the effect that it is fraud to knowingly omit or conceal a fact upon which benefit is obtained to the prejudice of a third person. A motion to lift order of general default and motion under Section 22 may not be filed after the finality of the judgment in the registration case. ii. CA. iii. It is a rule that "void ab initio• land titles issued cannot ripen into private ownership therefore. 22. Jr. The plan approved by the Land Registration Commission is of no value. and the court. Vda. e. 352 SCRA 527 (2001) Section 15 of P. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan approved by the Bureau of Lands. 1978). No plan or survey may be admitted in land registration proceedings until approved by the Director of Lands. After the filing of the application and before the issuance of the decree of registration. we emphasized that a mere statement of the lack of knowledge of the names of the occupants and adjoining owners is not sufficient but "what search has been made to find them is necessary. iv. a basis for allowing a petition for review of judgment under Section 38 of Act No. Such omission cannot but be deliberate misrepresentation constituting fraud. Sec. Court of Appeals. and if not known. the same are of no value. The only requirements of the law are: (1) that the instrument be presented to the court by the interested party together with a motion that the same be considered in relation with the application.

The Commissioner of Land Registration shall also. or by his deputy. the Provincial Governor and the Mayor. the Solicitor General. within five days from filing of the application. Upon receipt of the order of the court setting the time for initial hearing. the Director of Mines and/or the Director of Fisheries and Aquatic Resources. v. 2. and "to all whom it may concern".By mailing. and (3) posting. or on a lake. that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court. or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant. or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments. The public shall be given notice of the initial hearing of the application for land registration by means of (1) publication. Notice of initial hearing. issue an order setting the date and hour of the initial hearing which shall not be earlier than forty. C. in which the land lies. Opposition and Default i. Muñoz. the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided. as may be appropriate. the Director of Mines and the Director of Fisheries and Aquatic Resources. the Director of Lands. By publication. . and to the Mayor of the municipality or city. (2) mailing. 1. the Solicitor General. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known. the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways. however. Section 23. The court shall. a) Mailing of notice to persons named in the application. the Director of Public Works. etc. Publication. the Director of Forest Development. navigable stream or shore. fourteen days at least before the date of initial hearing. cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known. Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted. b) Mailing of notice to the Secretary of Public Highways. the Director of Lands. notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform. Republic that the blueprint copy of the cloth plan together with the lot’s technical description duly certified as to their correctness by the Bureau of Lands are adequate to identify the land applied for registration. The Court held in Recto v. c) Mailing of notice to the Secretary of Agrarian Reform. as the case may be. If the applicant requests to have the line of a public way or road determined.By posting. It is true that the best evidence to identify a piece of land for registration purposes is the original tracing cloth plan from the Bureau of Lands. If the land borders on a river. within seven days after publication of said notice in the Official Gazette. publication.five days nor later than ninety days from the date of the order. to the Provincial Governor. as the case may be. but blueprint copies and other evidence could also provide sufficient identification. in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city. 536 SCRA 108 (2007) It bears stressing that the constructive seizure of land accomplished by posting of notices and processes upon all persons mentioned in notices by means of publication and sending copies to said persons by registered mail in effect gives the court jurisdiction over the lands sought to be registered. or on an arm of the sea where a river or harbor line has been established. as hereinbefore provided. 3. Republic v.order such land registered subject to the conveyance or encumbrance created by said instruments.

the law requires the issuance of a court order setting the initial hearing date..Publication i. ii.The court may also cause notice to be served to such other persons and in such manner as it may deem proper.Publication in a newspaper is necessary to accord with due process requirement: 1. Witness. Court of Appeals) (see also Director or Lands v. Constructive seizure of the land for registration is effected through publication of the application for registration and posting and service of notice to affected parties. a. Purpose of publication – Two-Fold: 1. and to submit evidence in support of such claim.While publication of the notice in the Official Gazette is sufficient to confer jurisdiction upon the court. in case of petition in cadastral proceedings) of title to the following described lands: (Insert description) You are hereby served this notice to appear before this Court at its session to be held at ____________ on the____ day of_________. ________________ Judge of the Regional Trial Court of _______ this ____ day of_____________. CA and Abistado) iv. and 2. and oppose the application. if so minded. your default will be recorded and the title to the lands will be adjudicated and determined in accordance with law and the evidence before the Court. it is a component of procedural due process and aimed at giving as wide publicity as possible• so that all persons having an adverse interest in the land subject of the registration proceedings may be notified thereof. Land Registration Authority NOTES SECTION 23 of PRD: 1)Notice of Initial Hearing a. and to all whom it may concern): An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the registration and confirmation (or for the settlement and adjudication.The duty and the power to set the hearing date lie with the land registration court.Publication in the Official Gazette does not dispense with the requirement of notice by mailing and posting . Couched in mandatory terms. 20 ___. if any. Attest: Administrator.) b. the Hon. in the year 20____. the fact that publication was not made in a newspaper of general circulation is material and relevant in assessing the applicant’s right or title to the land. and unless you appear at said Court at the time and place aforesaid. in form. To confer jurisdiction upon the court over the res. This involves a process to which the party applicant absolutely has no participation. To apprise the whole world of the pending registration case so that they may assert their rights or interests in the land. at_______ o'clock in the _________ then and there to present such claims as you may have to said lands or any portion thereof. (Roxas v. Inc. be substantially as follows: (Caption and Title) NOTICE OF INITIAL HEARING To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known. Manna Properties. Although jurisdiction of the court is not affected.Publication of notice of initial hearing(see Section 23 [1] of the PRD) iii. publication in a newspaper of general circulation remains an indispensable procedural requirement. The notice of initial hearing shall.(see Republic v. and thereafter you will forever be barred from contesting said application (or petition) or any decree entered thereon. The notice of initial hearing is signed by the judge and copy of the notice is mailed by the clerk of court to the LRA. After an applicant has filed his application.

3. ii. iii. a new publication is not needed. New publication necessary to include additional area 1.A mere defect of publication deprives the court of jurisdiction.Mailing to the Secretary of Agrarian Reform. But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published. The right of the land registration court to correct an error of closure is authorized by law. Director of Lands. Etc. provided such correction does not include land not included in the original petition. dealing with a tangible res.If the applicant requests to have the line of a public way or road determined. navigable stream or shore. and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. 3. per Section 15. or the national government. or an arm of the sea. Where the identity and area of the claimed property are not the subject of amendment but merely other collateral matters.This requirement is mandatory. v.Where there is no publication of the notice of initial hearing. a new publication is not necessary.Purpose of notice by all three modes 1. The purpose of the new publication is to give notice to all persons concerned regarding the amended application.Personal notice is not necessary unless required by the court. 2. In this case.see Adez Realty. viii. without personal service upon the claimants. 2. for jurisdiction is secured by the power of the court over the res. may be instituted and carried to judgment. . the jurisdiction of the court over the remaining area is not affected by the failure of a new publication.If it otherwise appears that a tenant-farmer.If the land borders on a river. Lack of personal notice does not vitiate the proceedings 1.The purpose of the law in requiring the giving of notice by all three modes is to strengthen the Torrens system through safeguards to prevent anomalous titling of real property. CA Vi . the decision of the land registration court is void. Governor and Mayor 1. Without a new publication the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application. 1. Inc.or defective publication 1. Solicitor General. vii. And when the court a quo lacks jurisdiction to take cognizance of a case.Mailing i. The requirement of publication is one of the essential bases of the jurisdiction of the registration court. v. 2. 4. c. may have a claim adverse to the applicant. Effect of non. the same lacks authority over the whole case and all its aspects.Mailing to the Secretary of Public (Works) and Highways. 1. include owners of adjoining properties. and occupants of the land. it is a jurisdictional requisite.Mailing to persons named in the application 1.This is obvious from Section 23 itself which stresses in detail the requirements of mailing of notices to all persons named in the petition who. or 2.A proceeding in rem.

as required by law. however. Section 25. The reason for this is that under the Administrative Code of 1987.As a rule. and that of the sheriff as to posting. NOTES SECTION 24 of PRD: 1)The certification by the LRA Administrator as to the fact of publication and mailing. Proof of publication and notice. b. conflicting claims of ownership or possession.The Solicitor General. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired.Posting i. and iv. whether named in the notice or not. that unverified oppositions in land registration proceedings are nevertheless sufficient to confer standing in court to oppositors who may be allowed to verify their oppositions later on. If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the application. the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.The Solicitor General is the only legal counsel of the government in land registration cases and as such. and not merely on its deputized special attorneys. The certification of the Commissioner of Land Registration and of the sheriff concerned to the effect that the notice of initial hearing. iii.iv. has been complied with shall be filed in the case before the date of initial hearing. as required by law. 4. . Opposition to application in ordinary proceedings.In practice. the Solicitor General is invariably furnished with a copy of the notice of initial hearing. ii. in court cases involving land registration and naturalization proceedings. Any person claiming an interest.The oppositor must have an interest in the land applied for. the Solicitor General is bound to represent the Government in all land registration and related proceedings. 2. c. or overlapping of boundaries. only notices of court proceedings and related processes actually served upon the Solicitor General are binding on his office. is mandatory.The opposition should be signed and sworn to by him or by his duly authorized representative. or within such further time as may be allowed by the court. has control and supervision• over the special attorney or prosecutor who has been deputized to appear for him. Section 24. For an opposition then to be considered. or in case of undivided co-ownership.― NOTES SECTION 25 of PRD: 1) Requisites for opposing application: a. therefore. are conclusive. he alone may withdraw the government’s appeal with binding effect on the latter. 3. and shall be conclusive proof of such fact. It was a substantial compliance with the law that required a formal answer. This requirement is also mandatory. d.He should indicate the desired relief. the following requisites must concur: i. especially where said defect is deemed waived by the applicant’s failure to invoke said requirement seasonably.He should state the grounds for his objection as well as the nature of his claimed interest. 5.Service of orders and decision on the OSG. It has been held. and shall be signed and sworn to by him or by some other duly authorized person.Role of the Solicitor General 1. may appear and file an opposition on or before the date of initial hearing.

Private persons may not file opposition for the Government: i. All that is necessary to enable one to exert the faculty of opposition is that he should appear to have an interest in the property. he must make some claim to the property. He must show. each party. Hearing necessary to determine validity of ownership claim i. is deemed to have forever lost his right in said land even granting that he had any right therein. To give a person a legal standing to object to the application for registration. iii. It has been held that a claimant having failed to present his answer or objection to the registration of a parcel of land under the Torrens system or to question the validity of such registration within a period of one (1) year after the certificate of title had been issued. d. A person claiming to be in possession of the land and has applied with the Lands Management Bureau for its purchase. iii. b. A purchaser of friar land who is deemed to have an equitable title to the land even before the issuance of the patent.Under Section 1. e. Rule 131 of the Rules of Court. . whether applicant or oppositor. A homesteader who has not yet been issued his title but has fulfilled all the conditions required by law for the issuance of patent. must prove his own affirmative allegations by the amount of evidence required by law to obtain a favorable judgment. c. whether it be limited or absolute. in fee simple. Where no answer in writing or any opposition is made to an application for registration of property. all the allegations contained in the application shall be held as confessed by reason of the absence of denial on the part of the opponent. Persons deemed to have legal standing to file opposition: i. iv. It is immaterial whether this interest is in the character of legal owner or is of a purely equitable nature as where he is the beneficiary in a trust. by virtue of the award. A private person may not oppose an application for registration on behalf of the government on the ground that the land belongs to the government. b. It is precisely the character of the land as private which the applicant has the obligation of establishing. the applicant in land registration cases is not relieved of the burden of proving the imperfect right or title sought to be confirmed. ii. even though there is no opposition.• c.2) Nature of interest to support opposition: a. d. effect of: a. 3) Failure to file opposition. Opposition to an application for registration of the title must be based on the right of dominion or some other real right opposed to the adjudication or recognition of the ownership of the applicant. b. The phrase claim of ownership• means the possession of a piece of property with the intention of claiming it in hostility to the true owner. to the satisfaction of the court. An awardee in a sales application who. that he is the absolute owner. Notwithstanding the absence of opposition from the government. 4) Opposition by the Government: a. is authorized to take possession of the land to enable him to comply with the requirements for the issuance of patent.•It is also defined as a party’s manifest intention to take over land. ii. A claim• merely noted on the survey plan cannot prevail over the actual decree of registration as reproduced in the certificate. Absence of opposition by the government does not justify outright registration i. regardless of title or right.

It adjudged the pertinent issue or issues on their merits. ii. iii. in the following instances: a. and of causes of action. c. the court shall.Defense of res judicata may be waived if not set up in a motion to dismiss i. Between the first and the second actions. upon motion of the applicant.The rule bars the re-litigation of particular facts or issues involving the same parties even if raised under different claims or causes of action. no reason to the contrary appearing.It is hornbook law that the principle of estoppel does not operate against the government for the act of its agents. and 1.Res judicata absolutely bars any subsequent action when the following requisites concur: a. 6) Submission of subdivision plan. d. ii. b. The opposition in a registration case partakes of the nature of an answer with a counterclaim. it is improper for the court to declare the oppositor in default simply because he failed to appear on the day set for the initial hearing. c. The failure of the government agency concerned to file an opposition to the application for registration or to appeal from the adverse decision of the registration court is not fatal. It was rendered by a court that had jurisdiction over the subject matter and the parties. The reason for this is that the government is usually not estopped by the mistake or error of its officials or agents. By the description . c. duly approved by the Director of Lands. there was identity of parties. Ii . effect. d. If no person appears and answers within the time allowed. has been formally filed. b. it was held that the defense of res judicata when not set up either in a motion to dismiss or in answer is deemed waived. The former judgment or order was final. b.The registration court may require the submission by the parties of a subdivision plan. 5) Motion to dismiss based on res judicata proper in a registration proceeding a. Section 26.Bar by former judgment.In case of undivided co-ownership.In a registration case. Order of default. The Property Registration Decree does not provide for a pleading similar or corresponding to a motion to dismiss. which is based on substantial grounds. conflicting claims of ownership or possession. and d. Failure to appear on the day of initial hearing is not a ground for default where opposition or answer had been filed i. Government may appeal despite failure of agency to file opposition i. or overlapping of boundaries. of subject matter. order a default to be recorded and require the applicant to present evidence.Conclusiveness of judgment 1.It cannot be pleaded for the first time on appeal.Where no identity of causes of action but only identity of issues exists 2. If the opposition or adverse claim covers only a portion of the lot applied for which is not delimited on the plan accompanying the application. Two distinct concepts of res judicata: i. Where an opposition or answer.

and may be modified or amended as the court may deem proper at any time prior to the rendition of judgment. When no answer in writing or any opposition is made to an application for the registration of a property. all the world are made parties defendant and shall be concluded by the default order. . d. is usually not estopped by the mistake or error on the part of its officials or agents. e. A motion to set aside the order of default filed prior to the rendition of the judgment on the merits should be considered with liberality. f. or that the decision is contrary to law.When an appearance has been entered and answer filed. The notice of initial hearing is signed by the judge and copy of the notice is mailed by the clerk of court to the LRA [Land Registration Authority].• all the world are made parties defendant and shall be concluded by the default order. 4)Government not estopped by the mistake or error of its agents a. Republic v. A defendant party declared in default retains the right to appeal from the judgment by default on the ground that the plaintiff failed to prove the material allegations of the complaint. order a default to be entered and require the applicant to present evidence. the applicant must strictly comply with the jurisdictional requirements. all the allegations contained in the application shall be held as confessed by reason of the absence thereof. c. The interests of substantial justice and the speedy determination of the controversy should be the guiding principle of the trial court in lifting an order of general default to allow a party to file an opposition to the application c. it is presumed to have regularly performed its task in accordance with law especially with regard to notice requirements.in the notice "To all Whom It May Concern". The notice of initial hearing is a court document. In land registration cases. But a declaration of default is not a guarantee that the application for registration will be granted. By description in the notice :To all whom it may concern. An order of general default is interlocutory in character. But the motion to lift the order of general default should be filed before entry of final judgment. Order of Special Default “ directed only against those who did not enter their appearance and file answer: i. d. b. NOTES SECTION 26 of PRD: 1) Order of default. It is still the burden of the applicant to prove that he is entitled to registration by well-nigh incontrovertible proof. when entered a. g. 513 SCRA 294 (2007) The duty and the power to set the hearing date lie with the land registration court. Order of General Default – addressed to the whole world: i. or its Government. upon motion of the applicant. the law requires the issuance of a court order setting the initial hearing date. San Lorenzo. After an applicant has filed his application. ii. 3) Party in default can appeal judgment a. This involves a process to which the party applicant absolutely has no participation. Where an appearance has been entered and an answer filed. the court shall. subject to the control of the court. even without need of the prior filing of a motion to set aside the order of default. b. If no person appears and answers within the time allowed. a default order shall be entered against persons who did not appear and answer. Order of default issued by the court should not prejudice the Government under the well-known and settled rule that the Republic. A person who has not challenged an application for registration cannot allege damage or error against the judgment ordering registration. a default order shall be entered against persons who did not appear and answer.• 2) Motion to lift order of general default a. When the court issues an order of default.

The Court ruled that Section 23 of PD No. all of which have already been complied with in the case at hand. 276 SCRA 276 (1997) It should be noted further that land registration is a proceeding in rem. Adez Realty v. Hearing. CA. The failure to give notice does not amount to jurisdictional defect. (Sec. and the mere fact that a person purporting to have a legitimate claim in the property did not receive personal notice is not sufficient ground to invalidate the proceedings. CA and Abistado. No fault is attributable to such party if the trial court errs on matters within its sole power. Republic v. Owing to such defect. NOTE: The notice of initial hearing shall be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided. not in personam. 459 SCRA 183 (2005) Publication. who have rights to or interests in the property. the MTC failed to constructively seize the lands and acquire jurisdiction over the applications for registration. 24) iv. persons who may be interested or whose rights may be adversely affected would be barred from contesting an application which they had no knowledge of. However. Judgment and Decree of Registration i. Mailing. An in rem proceeding is validated essentially through publication.The Court held that a party to an action has no control over the Administrator or the Clerk of Court acting as a land court. if at all. D. 1529 indeed clearly provides that publication in the Official Gazette suffices to confer jurisdiction upon the land registration court. The reason is due process and the reality that the Official Gazette is not as widely read and circulated as newspapers and is oftentimes delayed in its circulation. Director v. v. in order to vest the courts with power and authority over the res. including the state. . he has no right to meddle unduly with the business of such official in the performance of his duties. It is the publication of such notice that brings in the whole word as a party in the case and vests the court with jurisdiction to hear and decide it. Herbieto. The trial court shall see to it that all registration-proceedings are disposed or within ninety days from the date the case is submitted for decision. Therefore. notice of hearing by proper publication in the Official Gazette is sufficient to clothe the court with jurisdiction. The late publication of the Notice of Initial Hearing in the newspaper of general circulation is tantamount to no publication at all. It is unfair to punish an applicant for an act or omission over which the applicant has neither responsibility nor control. reference to a referee. and therefore it is not necessary to give personal notice to the owners or claimants of the land sought to be registered. It is evident in land registration proceedings that what is more important than the date on which the initial hearing is set is the giving of sufficient notice of the registration proceedings via publication. however. absent any publication of the notice of initial hearing in a newspaper of general circulation. iii. that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court.• A party cannot intervene in matters within the exclusive power of the trial court. the land registration court cannot validly confirm and register the title of the applicants. such proceeding requires constructive seizure of the land as against all persons. Being in rem. It may be asked why publication in a newspaper of general circulation should be deemed mandatory when the law already requires notice by publication in the Official Gazette as well as by mailing and posting. 212 SCRA 623 (1992) A land registration proceeding is a proceeding in rem. Thus. Otherwise. having the same ultimate result. such that the notices published therein may not reach the interested parties on time. The notice of initial hearing shall also be posted in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city. Speedy hearing. the process must strictly be complied with. Posting The misjoinder of causes of action and parties does not affect the jurisdiction of the courts to hear and proceed with the application for registration of the two respondents who applied for registration on two separate lands. This being so. Section 27. especially if the applicant has complied with all the requirements of the law. the orders of the court were void for having been issued by the MTC without jurisdiction.

or set it aside in whole or in part.It expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40% of the total and outstanding capital stock of a Filipino- owned or controlled corporation. NOTES SECTION 27 of PRD: 1) Hearing Section 27 2) Proof required in registration proceedings. Considering that the rights and liabilities of the parties under the contract to sell is covered by the Condominium Act wherein petitioner as unit owner is simply a member of the condominium corporation. or order the case to be recommitted for further proceedings.Aliens may lease private lands 1. foreign national can own Philippine real estate through the purchase of condominium units or townhouses pursuant to Section of this Act. a. that the court may in its discretion accept the report. So is an option giving an alien the right to buy real property on condition that he is granted Philippine citizenship. The Krivenko doctrine: aliens disqualified from acquiring public and private lands. and the referee shall submit his report thereon to the Court within fifteen days after the termination of such hearing. ii. 4726. Aliens are not completely excluded by the Constitution from the use of lands for residential purposes. 2. (see Roman Numeral II-C [iv] [4]) 2. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties concerned. CA and Lapiña and Director of Lands v. however. While aliens are disqualified from acquiring lands of the public domain.Section 10 of Foreign Investment Act) iv. Citizenship Requirement i. Under RA No. fee simple. even in the absence of opposition. They may be granted temporary rights such as a “Lease Contract―. may refer the case or any part thereof to a referee who shall hear the parties and their evidence. . The prohibition is a declaration of imperative national policy This fundamental policy of preserving the nation’s lands for Filipino citizens. Register of Deeds) ii.The Court. generally – The burden is on applicant to prove his positive averments and not for the government or the private oppositors to establish a negative proposition. A natural-born Filipino citizen who has lost his citizenship may be a transferee of private land(see Citizenship Requirement Individual under Roman Numeral II-B[ix]. the remaining members can be foreigners. The applicant must show. 4. that he is the absolute owner. The court may render judgment in accordance with the report as though the facts have been found by the judge himself: Provided. (see the case of Krivenko v. the fundamental law explicitly prohibits non-Filipinos from acquiring or holding title to private lands. if it deems necessary. He must submit convincing proof of his and his predecessors-in-interest’s actual. as the rule now stands. vi. then the constitutional proscription against aliens owning real property does not apply. peaceful and adverse possession in the concept of owner of the lots during the period required by law. they may however lease private lands. 3. A lease to an alien for reasonable period is valid. Under this set up. Capacity to own land is determined as of the time of its acquisition and not registration(see Republic v. The land is owned by the condominium corporation and the unit owner is simply a member in this condominium corporation. Foreigners allowed to purchase condominium units 1. of such land. As long as 60% of the members of this condominium corporation are Filipinos. 3. the ownership of the land is legally separated from the unit itself. except only by way of legal succession or if the acquisition was made by a former natural-born citizen. Thus. Buyco) v.

recover what he has paid or delivered. there would be no more public policy to be protected. Lui She where the Court declared that the pari delicto rule may not be applied in said case since: a. respected. and safeguarded to the same extent as property rights of citizens of the Philippines. the constitutional proscription against private corporations acquiring public agricultural lands will not apply. citizens and corporations of the United States could enjoy all the same civil rights as Philippine citizens. However. Article XII. The original parties who were guilty of a violation of the fundamental charter have died and have since been substituted by their administrators to whom it would be unjust to impute their guilt. A corporation sole may acquire and register private agricultural land 1. 2. Gaw Chee Hun because the Filipino vendor was in pari delicto with the alien vendee 2. Rellosa was reversed by Philippine Banking Corporation v. corporations or associations qualified to acquire or hold lands of the public domain in the Philippines.The Constitution makes no exception in favor of religious associations. Rule restated -. 3. he may. The question was answered in the negative in the early case of Rellosa v. vii. the Ordinance appended thereto provided that until the final withdrawal of the United States sovereignty over the Philippines.While aliens are disqualified to acquire lands under the 1935 Constitution. The objective of the constitutional provision to keep our lands in Filipino hands has been achieved. If land is invalidly transferred to an alien who subsequently becomes a Filipino citizen or transfers it to a Filipino. viii. It is not treated as an ordinary private corporation because whether or not it be so treated. the following ay acquire private lands: .• ix. A corporation sole. is vested with the right to purchase and hold real estate and to register the same in trust for the faithful or members of the religious society or church for which the corporation was organized.On the basis of their capacity to acquire or hold lands of the public domain. 2. no private agricultural land shall be transferred or assigned except to individuals.Section 8. which consists of one person only. 2. if public policy is thereby enhanced. Land acquired by an American citizen in 1945 can be registered under the Ordinance appended to the 1935 Constitution 1. a Filipino citizen. when the agreement is not illegal per se but is merely prohibited and the prohibition by law is designed for the protection of the plaintiff. the flaw in the original transaction is considered cured and the title of the transferee is rendered valid. x. As the property in dispute is already in the hands of a qualified person. 3.Such prohibition is not violative of the freedom of religion guaranteed by the Constitution as the land ownership is not indispensable to the free exercise and enjoyment of religious profession or worship. As an exception to the rule on pari delicto. Can a Filipino vendor recover land sold to an alien? 1. 3. and b.Filipinos not registrable 1.The reason for this is that a corporation sole has no nationality• and the framers of the Constitution did not have in mind the religious corporation sole when they provided that 60 per centum of the capital thereof be owned by Filipino citizens. 1987 Constitution provides that Save in cases of hereditary succession. Donation in favor of a religious corporation controlled by non. xi. Public policy referred here is of preserving lands for Filipinos.The 1935 Constitution provides that upon the proclamation of Philippine Independence (July 4. 1946) all existing property rights of citizens or corporations of the United States shall be acknowledged.

1. remains to this day the existing general law governing the classification and disposition of lands of the public domain. 3. timber. commercial. Requirements to establish classification a. all unclassified lands are considered public forest. Before the government could alienate or dispose of lands of the public domain. other than timber and mineral lands. System of classification a. 1064.The applicant must present a certified copy of the DENR Secretary’s declaration or the President’s proclamation classifying the land as alienable and disposable. or other similar purposes. 4. b. but only byhereditary succession. The Secretary. is the only other public official empowered by law to approve a land classification and declare such land as alienable and disposable. or for similar productive purposes. Article XII of the Constitution. The President is authorized. to classify the lands of the public domain into alienable and disposable. 1. industrial. 1064 classifying Boracay Island into 400 hectares of reserved forest land (protection purposes) and 628. charitable. Except for lands already covered by existing titles. Classification of public land is an executive prerogative CA No. b. President Arroyo issued Proclamation No. 2. Article XII of the 1987 Constitution. Alienable and disposable lands of the public domain are further classified according to their uses into: i. It is also disqualified to own rights to ownership to such lands. Residential. by exception. Reservations for town sites and for public and quasi-public uses. or iv. b. c. Educational. d.Filipino citizens 2.Applicant must prove that the DENR Secretary had approved the land classification and released the land of the public domain as A and D land.Classification of Public Lands i. b. as amended. 141 (Public Land Act). Boracay was an unclassified land of the public domain prior to Proclamation No. c. the President must first officially classify these lands as alienable and disposable. Filipino citizens can both acquire or otherwise hold• lands of the public domain. . b.96 hectares of agricultural land (alienable and disposable).Filipino corporations and association as defined in Section 2. such as lease. Under PD No. from time to time. 3. and. Department of Environment and Natural Resources (DENR).A natural-born citizen of the Philippines who has lost his citizenship under the terms of Section 8. or Revised Forestry Code.That the land falls within the land classification map as verified through survey by the PENRO or CENRO. NB: A foreign corporation is disqualified to own lands in the Philippines.Classification of Boracay Island a. and then declare them open to disposition or cession. and 4.Provincial Environment and Natural Resources Office (PENRO) or Community Environment and Natural Resources Officer (CENRO) to certify that land is alienable and disposable (A and D). Filipino corporations cannot acquire lands of the public domain but they can hold such lands by modes other than acquisition. Agricultural ii. 5. The classification of public lands is an exclusive prerogative of the executive department of the government and not of the courts. a. Only A and D lands may be the subject of disposition a. or mineral lands.Aliens. iii. 705.

2. ii. b. roadsteads. but only so much of said lands as are thrown open to private appropriation and settlement by homestead and other like general laws.Burden of proof rests with applicant to overcome presumption of State ownership 1. Under the Spanish regime. A public land is equivalent to public domain. or otherwise reserved for some public purpose in accordance with law. however long. 6. Where the subject property is still unclassified. Cadastral survey of a municipality does not automatically classify lands within the cadastre as A and D lands a. and.Applicant must also secure a certification from the government that the land claimed to have been possessed for the required number of years is alienable and disposable. shores. A survey made in a cadastral proceeding merely identifies each lot preparatory to a judicial proceeding for adjudication of title to any of the land upon claim of interested parties. investigation reports of Bureau of Lands investigators. b. It does not by any means include all lands of government ownership. Government land includes not only public lands• but also other lands of the government already reserved or devoted to public use or subject to private right. ports and bridges constructed by the State. and others of similar character. iii. 2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves. 3) Natural lakes and lagoons. Public Lands• and Governmental Land• distinguished a. Page 90 of 121 Marvyn Rose Arbes 1) Rivers and their natural beds.Non-Registrable Properties 1)Those intended for public use. an administrative action. all Crown lands were per se alienable and subject to adjudication by the courts unless falling under timber or mineral zones. . and a legislative act or a statute. and are intended for some public service or for the development of the national wealth.Must prove that the land subject of the application for registration is alienable and disposable. whatever possession applicants may have had. banks. torrents. Article 420 of the Civil Code 2) Those which belong to the State. such as roads. c.5. cannot ripen into private ownership.Applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order. and 3. without being for public use. rivers.

Possession and occupation of the land for the length of time and in the manner required by law. 1973 and 1987 Constitution Forest reserves 3) lands. Water 5) Atmospheric water. and 3. Code Subterranean or ground 6) water. Found in Private Land: 8) Continuous or intermittent waters rising on such lands. Declassification – That the land applied for has been declassified and is a public agricultural land. 1067.Specific Evidence of Ownership i. and Water in swamps and 12) marshes Forest or 1) timberland. Subterranean or ground 11) waters. All other categories of 4) surface waters such as water flowing over lands. 4) Mineral lands. . water from rainfall whether natural or artificial. 2. d. What must the applicant for land registration prove? DIP 1. Articles 5 & 6. Rain water and falling on 10) such lands. and water fromagriculture runoff. alienable and disposable or otherwise capable of registration. 2) forest. 9) Lakes and lagoons naturally waters rising on such lands. PD No. 7) Seawater. seepage and drainage. Regalian Doctrine under the Public 1935. Identity of the land.

public.Fencing the area. which prevails? 1.Bureau of Forest Development (BFD) Land Classification Map 5. In case of conflict between areas and boundaries.CIL 1. 2. Evidence of Possession and Occupation vi.Survey plan in general 2.Executive Order 4. Republic) vii.General Rule: Boundaries prevail over area. do not amount to preponderant evidence that would shift the burden to the oppositor. Note: However.Investigation reports of Bureau of Lands Investigator 7.What may constitute proof of possession? 1. The applicant should present specific facts to show such nature of possession because bare allegations. or agricultural? PAEB.Administrative Order issued by the Secretary of Environment and Natural Resources 3. is submission of the original tracing cloth plan mandatory? 1. Boundaries given in the registration plan do not coincide with outer boundaries of the land covered and described in the muniments of title.Certification by the Director of Forestry. or by Statute Evidence of Identity of Land iii. only a certified copy of the original tracing cloth plan need be forwarded to the LRA.Exception: Boundaries relied upon do not identify land beyond doubt. otherwise the same have no probative value. without more. the approval of registration was proper. Reviewer) Although mere blue print copies were presented in court as evidence.Legislative Act. a.Tax Declarations iv.Technical description of the land 4.In an application for judicial confirmation of imperfect title. Hence. and reports of District Forester 6. the original tracing cloth plan was attached to the application for registration and was available to the court for comparison. open.Evidence of Declassification ii. (Agcaoili. The plan of the land must be duly approved by the Director of Lands. continuous. . The Supreme Court declared that the submission of the tracing cloth plan is a statutory requirement of mandatory character.Tracing cloth plan and blue print copies of plan 3.Yes.bearing trees. under LRA Circular 05-2000.To prove possession.What may be presented as proof of the identity of the land sought to be registered? STTT 1. What may constitute sufficient proof to establish declassification of land from forest to alienable or disposable. IAC) v.Introducing valuable improvements on the property like fruit.Presidential proclamation 2. it is not enough to simply declare one’s possession and that of the applicant’s predecessors- in-interest to have been adverse. (Republic v. peaceful and in concept of owner for the required number of years.(Diaz v. What are some specific overt acts of possession which may substantiate a claim of ownership? 1.

Where applicants tacked their possession to that of their predecessor-in-interest but they did not present him as witness or when no proofs of what acts of ownership and cultivation were performed by the predecessor.Tax declaration of land sought to be registered which is not in the name of applicant but in the name of the deceased parents of an oppositor. E. or 4. Holding of property by mere tolerance of the owner Reason: Holder is not in the concept of owner and possessory acts no matter how long do not start the running of the period of prescription. 4. Mere Casual cultivation of portions of the land by claimant Reason:Possession is not exclusive and notorious so as to give rise to a presumptive grant from the State. Note: However.e. they are good indicia of possession in the concept of an owner. It is mere indicia of a claim of ownership that the holder has a claim of title over the property. 2. Reason Evidence of Private Ownership ix. Note: It is constitutive of a fee simple title or absolute title in favor of the grantee. Are tax declarations or payment of realty tax conclusive evidence of ownership? 1. x.Mere failure of Fiscal representing the State tocross-examine the applicant on the claimed possession. Note: Evidence to be admissible must.Constructing a residential house thereon.S panish title. Even if belatedly declared for taxation purposes. for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. Note: While tax declarations and real estate tax receipts are not conclusive evidence of ownership. however. if presented as documentary evidence coupled with proof of actual possession for the period required by law of the land. They constitute at least proof that the holder has a claim of title over the property. they are good evidence of ownership.Declaring the same for taxation purposes. 3. 16. . 4.T ax declaration and tax payments. Possession of other persons in the land applied for impugns the exclusive quality of the applicant’s possession. it does not negate possession especially if there is no other claimant of the land. Note: Any evidence that accretion was formed through human intervention negates the claim. Reason: Possession of applicant is not completely adverse or open. 3. 5. be credible. Other kinds of proof. Testimonial evidence (i. Tax declarations or realty tax payment of property are not conclusive evidence of ownership. Spanish titles are now inadmissible and ineffective as proof of ownership in land registration proceedings filed after Aug. nor is it truly in the concept of an owner. impending cases. 3. accretion is on a land adjacent to a river). 1976.Presidential issuances and legislative acts. 6. Mere failure of the owner of the land to pay the realty tax does not warrant a conclusion that there was abandonment of his right to the property. No.g. 2. substantial and satisfactory (Agcaoili Reviewer) viii. However. What are insufficient proofs of possession? 1. What are the proofs of private ownership of land? 1.

It shall contain a description of the land as finally determined by the court.75-76) xi. .Note: The voluntary declaration of a piece of property for taxation purposes manifests not only one’s sincere and honest desire to obtain title to the property and announces his adverse claim against the State and all other interested parties. What proofs are insufficient to establish private ownership or right over land? 1. liens. Decision in an estate proceeding of a predecessor-in-interestof an applicant that involves a property over which the decedent has no transmissible rights. IF the court. to which the land or owner's estate is subject. in such manner as to show their relative priorities. An appeal may be taken from the judgment of the court as in ordinary civil cases. Survey plan of an inalienable land. mortgages. Note: Assent of Director of Lands and Director of Forest Management to compromise agreement did not and could not supply the absence of evidence of title required of the applicant. The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty days(now fifteen days) to be counted from the data of receipt of notice of the judgment. as the case may be. as well as any other matters properly to be determined in pursuance of this Decree. and also. Section 30. the decree shall be issued in the name of both spouses. Judgment confirming title. The decree of registration shall bind the land and quiet title thereto. Note: Such plan does not convert such land into alienable land. but also the intention to contribute needed revenues to the Government. Compromise agreement among parties to a land registration case where they have rights and interest over the land and allocated portions thereof to each of them. and in other cases where issue of ownership was not definitely passed upon. It shall be conclusive upon and against all persons. attachments. judgment shall be rendered confirming the title of the applicant. the court may render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court. If the court. however. his age. and shall be signed by him. Section 28. whether mentioned by name in the application or notice. hour and minute of its entry. if any. it shall render judgment confirming the title of the applicant. p. what will the court do? a. finds that the applicant or the oppositor has sufficient title proper for registration. In a case where only a portion of the land subject of registration is contested. including the National Government and all branches thereof. 2. it shall state the nature of disability. or the oppositor. After judgment has become final and executory.• NOTES SECTION 28 & 29 of PRD: 1)After due hearing for registration. and if a minor. It shall state whether the owner is married or unmarried. or the oppositor. When judgment becomes final. Aquino. Decree of registration. all particular estates. that if the land adjudicated by the court is conjugal property. subject only to such exceptions or liens as may be provided by law. Section 31. after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands. 3. easements. finds that the applicant or the oppositor has sufficient title proper for registration. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. Such an act strengthens one’s bona fide claim of acquisition of ownership. to the land or portions thereof. (Agcaoili Reviewer. it shall devolve upon the court to forthwith issue an order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration. and if married. the same being included in the general description "To all whom it may concern". including rights of tenant-farmers. to the land or portions thereof.• Section 29. and other encumbrances. duty to cause issuance of decree. If the owner is under disability. after considering the evidence and report of the LRA. much less private property. and shall set forth the estate of the owner. the name of the husband or wife: Provided. Every decree of registration issued by the Commissioner shall bear the date. Partial judgment.

b. Yes.Does petition for the issuance of a writ of possession prescribe? i.Unlawful detainer. ii. to demolish improvements introduced by oppositor or his successor in interest. Note: It may be issued only pursuant to a decree of registration in an original land registration proceeding.Any person adversely occupying the land or any portion thereof during the land registration proceedings up to the issuance of the final decree. and is in possession of land for at least 10 years. the court shall order the entry of a new certificate of title and the cancellation of the original certificate and owner’s duplicate of the former registered owner. and only after a favorable judgment can the prevailing party secures a writ of possession. it becomes a ministerial duty of the court to order the issuance of a writ of possession in favor of the purchaser. no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying. However. Against whom may a writ of possession be issued? i. a.NOTES SECTIONS 30 & 31 of PRD: 1)J udgment --It is a decision of court constituting its opinion after taking into consideration the evidence submitted. 3. Writ of Demolition – the complement of writ of possession. e. the court continues to retain control over the case until the expiration of one (1) year after the entry of decree of registration by the LRA. must the applicant move for the issuance of a writ of possession in case he is deprived of possession over the land subject of the registration proceedings? i. f.Reinvindicatory action. Upon filing of the motion and the required bond. 2. b.No. a writ of possession may be issued against: 1. The person who has been defeated in a registration case. 2)Post-Judgment Incidents a. notwithstanding the lapse of the 15-day period from receipt of judgment by the parties. In which case. the right of the purchaser to the possession of the foreclosed property becomes absolute. If the court granted the registration.When writ may not issue: When a party entered into property after issuance of final decree.The person who has been defeated in a registration case. It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment.What must a judgment in land registration proceeding contain? i. is not an oppositor in registration proceeding. as the case may be. c. Writ of Possession – order to sheriff to deliver the land to the successful party litigant. How may possession of property be obtained? i.Unlawful entry. and 2. commanding the sheriff to enter into the land and give the possession thereof to the person entitled under the judgment. Any person adversely occupying the land or any portion thereof during the land registration proceedings up to the issuance of the final decree. if it is against: 1. Writ of Possession is a writ employed to enforce a judgment to recover the possession of land. d. if it is against person who took possession of the land after final adjudication of the same in a registration proceeding.General Rule: No . the remedy is file a separate action for: 1. Possession of the property may be obtained by filing an ex parte motion with the RTC of the province or place where the property is situated. i.When judgment is rendered in favor of the plaintiff. and 2.In a registration case. c. After the expiration of the 1-year period without redemption being effected by the property owner. g.

c. When judgment is rendered in favor of the plaintiff. a. and such other matters as determined by the court in its judgment. b. except in a direct proceeding permitted by law. he cannot again ask for it. b. and contains technical description of land. if afterwards he loses possession of the property obtained by virtue of the original writ.It is conclusive upon all persons including the national government and all branches thereof.Only claimed property or a portion thereof can be adjudicated. and amendments will not be allowed except clerical errors.Decree of registration is issued pursuant to the Property Registration Decree. c. subject only to such exceptions or liens as may be provided by law.The decree of registration binds the land.Accion Reivindicatoria 4)What must a judgment in land registration proceedings contain? a. It is subject only to an appeal. enlarged or diminished.Note: Title once registered cannot be impugned. 10) Differentiate decree of confirmation and registration from decree of registration? a.Binds the land.Puts an end to litigation. A land registration court has no jurisdiction to adjudge a land to a person who has never asserted any right of ownership thereof.1 year after the date of entry. 6)What does a decree of registration cover? a. including the name and other personal circumstances of the adjudicate. 7) What is the effect of a decree of registration? a. the court shall order the entry of a new certificate of title and the cancellation of the original certificate and owner’s duplicate of the former registered owner. .Forcible entry b.It is conclusive evidence of the ownership of the land referred to therein and becomes indefeasible and incontrovertible after one year from the issuance of the decree. b. changed. b. it becomes incontrovertible. quiets title.Accion Publiciana d. the technical description of the property. modified. altered.The decree issued by the LRA pursuant to the order of the court.Conclusive upon all persons including the government.Unlawful Detainer c. embodying the final disposition of the land by the court and such other data found in the record. subject only to such exceptions or liens as may be provided by law. where there already exists a title which is confirmed by the court.This serves as the reckoning date to determine the 1-year period from which one can impugn the validity of the registration. Exception: If a party has once made use of the benefit of a writ of possession. 5)Decree of Registration – It is a document prepared in the prescribed form by the LRA Administrator. liens and encumbrances affecting it. It is deemed conclusive as to the whole world. 3)Means to Recover Possession: a. 8) What are the effects of the entry of the decree of registration in the National Land Titles and Deeds Registration Authority? a. c.It is issued by LRA after finality of judgment. signed by him in the name of the court. And such conclusiveness does not cease to exist when the title is transferred to a successor. quiets title thereto. 9 )What is decree of confirmation and registration? a.

12)Differentiate direct from collateral attack. deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud. Direct Attack Collateral Attack It is made when. is a third-party complaint to nullify the title of the third- party defendant considered a direct attack on the title? i. but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein.attack on the title because the same is in the nature of an original complaint for cancellation of title. to the right of any person. including the government and the branches thereof. the third- party complaint constitutes a direct. open and notorious possession.If the object of the third-party complaint is to nullify the title of the third-party defendant.A decree of registration and registered title cannot be impugned. Torrens title is questioned in the ordinary civil action for recovery of possession. said the decree of registration and the certificate of title issued shall become incontrovertible. 1529) . Review of decree of registration. Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in this Decree. Upon the expiration of said period of one year. modified. P. mortgagee. minority. and that the occupants and possessors only claim an interest in the same by virtue of their imperfect title or continuous.Decree of confirmation and registration of title is issued pursuant to the Public Land Act.(Sec 32. b. a. however. or other encumbrancer for value. to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of such decree of registration. whose rights may be prejudiced. Section 32. 11) What is the doctrine of non-collateral attack of a decree or title? a.D. A counterclaim is also considered an original complaint. the attack on the title is direct and not collateral. e.If an attack is made thru a counterclaim. and as such. enlarged. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud. nor by any proceeding in any court for reversing judgments.g. an attack that on the judgment is mad as an incident purpose. in said action.In a case for recovery of possession based on ownership. or other disability of any person adversely affected thereby. after the lapse of one year from the date of its entry. or diminished either in collateral or direct proceeding. the decree of registration and the certificate of title issued shall become incontrovertible. Innocent purchaser for value.No. should it be disregarded for being a collateral attack? i. in another action The issues are raised in a direct to proceeding in an action instituted for obtain a different relief. it shall be deemed to include an innocent lessee.• NOTES: 1) Indefeasibility After the lapse of one year from the entry of the decree of registration. The decree of registration shall not be reopened or revised by reason of absence. where the presumption always is that the land applied for pertains to the State. b. subject. altered.

and implied obligation but just as binding and as important as the first. in order that a purchaser may be considered in good faith. the lawful holder of a title is preferred. An innocent purchaser for value is one who buys the property of another without notice that some other person has a right to or interest in it. by which it is invalidated. the law must protect and prefer the lawful holder of registered title over the transferee of a vendor bereft of any transmissible rights. 3344. or mode of acquisition. As between two persons both of whom are in good faith and both innocent of any negligence.The rule of caveat emptor requires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor’s title takes all the risks and losses consequent to such failure. h. c. or in his capacity to transfer the land. But one who is aware of such flaw is deemed a possessor in bad faith. b. f. ii.When the buyer enters into a contract of sale. e. iv.2) Purchaser in good faith a.Rule of œcaveat emptor• (buyer beware•) i. the performance of such first obligation in good faith. and who pays a full and fair price at the time of the purchase or before receiving any notice of another person’s claims. iii.A purchaser of a property cannot be in good faith where the title thereof shows that it was reconstituted. conversely. and ii.Purchaser is not required to explore further than what title indicates for hidden defects i. A purchaser who has knowledge of defect of his vendor’s title cannot claim good faith. iii. ii.In a series of transfers. g. iv. i.But one who buys from one who is not the registered owner is expected to examine not only the certificate of title but all factual circumstances necessary for him to determine if there are any flaws in the title of the transferor. liens and encumbrances except those set forth on the certificate of title and those expressly mentioned in the decree as having been preserved against it.Property Registration Decree guarantees to every purchaser of registered land in good faith that they can take and hold the same free from any and all prior claims.Every person dealing with registered land may safely rely on the correctness of the certificate of title and is no longer required to look behind the certificate in order to determine the actual owner. it is enough that he examines the latest certificate of title. As between two persons in good faith. i.First. . bad faith must be established by competent proof by the party alleging the same.A person dealing with registered land has a right to rely on the Torrens certificate of title and to dispense with the need of inquiring further except when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make such inquiry or when the purchaser has knowledge of a defect or the lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation. d. the payment of the consideration.Second. shall be deemed a possessor in good faith.This rule however refers only to properties registered under the Torrens system.While good faith is presumed. not to those under Act No. he assumes 2 obligations i.Article 526 of the Civil Code says that one who is unaware of any flaw in his title. Purchaser charged only with notice of liens noted on the title i.A person dealing with registered land is only charged with notice of the burdens on the property which are noted on the face of the register or the certificate of title.

m. But to third persons. however. shall be deemed the owner.The phrase innocent purchaser for value• in Section 32 of the PRD includes an innocent lessee. Unlike private individuals. The burden of proving the status of a purchaser in good faith lies upon one who asserts that status and this onus probandi cannot be discharged by mere invocation of the legal presumption of good faith. in other words. potior jure or he who is first in time is preferred in right. There is a question of fact when the doubt or difference arises as to the truth of the falsity of the statement of facts while a question of law exists when there is doubt or controversy as to what the law is on a certain state of facts. prior est in jura• i.Where the bank had exercised the due care demanded of it relative to real estate loans.Sale of property pending litigation i. l.Principle of prior est temporae. even if the mortgagor obtained his title thereto thru fraud.The rule of caveat emptor applies to execution sale. k.The only essential requisite of this rule is priority in time. and 3. .Finally. Rule of good faith equally applies to mortgagees of real property i. ii. does not apply if the property is not registered under the Torrens system.Between two buyers of the same immovable property registered under the Torrens system. both made in good faith. the only one who can invoke this is the first vendee. Verily. ii. Good faith is a question of fact i. or other encumbrancer for value.The first registrant in good faith.This provision. it is indispensable. the first possessor in good faith.In a situation where not all the requisites are present which would warrant the application of Article 1544. iii. including those involving registered lands. iv. and serves as a notice and warning to third parties dealing with said property that someone is claiming an interest on the same or may have a better right than the registered owner thereof.Knowledge gained by the first buyer of the second sale cannot defeat the first buyer’s right except only as provided by the Civil Code and that is where the second buyer first registers in good faith the second sale ahead of the first. ii. the buyer who in good faith presents the oldest title.Registration is not the operative act for a mortgage to be binding between the parties.The annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property.Then. p. When the thing sold twice is an immovable. n.Rule on double sale of property i. 2.The right or lien of an innocent mortgagee for value upon the land mortgaged must be respected and protected. stronger in right gains greater significance in case of double sale of immovable property. the one who acquires it and first records it in the Registry of Property.The principle of first in time. ii. should apply. the law gives ownership priority to: 1. Prior registration of a lien i. iii. mortgagee. iii. the principle of prior tempore. it will be considered an innocent mortgagee for value. Burden of proof i. the act of registration must be coupled with good faith.A bona fide purchaser for value of property at an auction sale acquires good title as against a prior transferee of the same property if such transfer was unrecorded at the time of the auction sale. o.j. banks are expected to exercise greater care and prudence in their dealings.

b.Quieting of Title j.Action for Compensation from the Assurance Fund e. final order.Time for filing petition i. and not more than six (6) months after such judgment or final order was entered.• NOTES SECTIONS 32.Appeal c. or any proceedings is thereafter taken against a party in any court through. 33 & 34 of PRD: 1)What are the remedies of an aggrieved party in registration proceedings: a.New Trial i. insofar as not inconsistent with the provision of this Decree.The date of finality of the judgment or final order shall be deemed to be the date of its entry. judgments and orders in land registration cases are appealable to the CA or to the SC in the same manner as ordinary actions. filed within sixty (60) days after the petitioner learns of the judgment.Relief will not be granted to a party who seeks to be relieved from the effects of a judgment when the loss of the remedy at law was due to his own negligence. or excusable negligence. Appeal from judgment. ii. He should appeal from the judgment and question such denial.Annulment of judgment h. ii.Petition for relief and motion for new trial/reconsideration are exclusive of each other i.Action for Damages d. mistake. or a mistaken mode of procedure. relief from denial of appeal a. Rules of procedure.When a judgment or final order is rendered by any court in a case.A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied.Relief from judgment b.Under PD 1529. he may file a petition in such court and in the same case praying that the judgment. order or proceeding be set aside.Cancellation of suits g. mistake. 3)Appeal a.It must be filed within 15 days from receipt of the judgment or final order appealed from b. etc.A petition for relief from judgment or from denial of appeal under Sections 1 and 2. or excusable negligence. be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.Who may file an appeal in land registration cases? . or such proceeding was taken. c. The Rules of Court shall. and a party thereto. or other proceeding to be set aside. accident.Section 33. he may file a petition in such court and in the same case praying that the appeal be given due course.Petition for Review (of a Decree) 2)Relief from judgment.When a judgment or final order is entered. accident. must be verified.Action for Reconveyance f. by fraud. d. c. has been prevented from taking an appeal. Section 34. The judgment and orders of the court hearing the land registration case are appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions. Rule 38. These two remedies are exclusive of each other.

Petitioner is the owner of the said property or interest therein. or vi. and v. Grounds for filing a petition for review: i.Only those who participated in the proceedings can interpose an appeal. v. seeks to transfer or reconvey the land from the registered owner to the rightful owner. iv.No.Purpose: An action for reconveyance does not aim or purport to re-open the registration proceedings and set aside the decree of registration but only to show that the person who secured the registration of the questioned property is not the real owner thereof. 5) Reconveyance: a. iii.In land registration cases. c. iii. i. c. may a party validly move for execution pending appeal? i.Reconveyance is an action seeking to transfer or reconvey the land from the registered owner to the rightful owner.In land registration cases.The deprivation is through fraud (actual/extrinsic). d. Note: What is contemplated by law is extrinsic fraud.What are the grounds and their corresponding period for filing an action for reconveyance? GROUNDS PRESCRIPTIVE PERIOD 4 years from the discovery of the fraud (deemed to have taken place from the issuance of the original certificate of title) Fraud Note: .Actual fraud must be utilized in the procurement of the decree and not thereafter. The action. The reason is to protect innocent purchasers. ii. Note: This action may be filed even after the lapse of 1 year from entry of the decree of registration as long as the property has not been transferred or conveyed to an innocent purchaser for value.Property has not been transferred to an innocent purchaser for value. b. while respecting the decree as incontrovertible. A motion for execution pending appeal is not applicable to land registration proceedings. when may a petition for review may be filed? Any person may file a petition for review to set aside the decree of registration on the ground that he was deprived of their opportunity to be heard in the original registration case not later than 1 year after the entry of the decree.Requisites: i.He has been deprived thereof.The property has not yet passed to an innocent purchaser for value. iv.Action is filed within one year from the issuance ad entry of the decree of registration.Petition is filed within 1 year from issuance of the decree.Petitioner has a real right.That a land belonging to a person has been registered in the name of another or that an interest has been omitted in the application.Registration has been procured thru actual fraud. ii. 4)Petition for Review: a. b.

. Discovery is deemed to have taken place when said instrument was registered.When is resort to a cancellation suit proper? i.If the ground relied upon for an action for reconveyance is fraud. The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means.When two certificates of title are issued to different persons covering the same parcel of land in whole or in part. It does not apply where the person enforcing the trust is Implied or Constructive Trust in actual possession of the property because he is in effect seeking to quiet title to the same which is imprescriptible.A notice of lis pendens may be cancelled even before final judgment upon proper showing that the notice if for the purpose of molesting or harassing the adverse party or that the notice of lis pendens is not necessary to protect the right of the party who cause it to be registered. action may be filed within 4 years from discovery thereof.What is cancellation suit? i. alleging ownership as well as the defendant’s fraud or mistake. b. 6)Damages a. as the case may be. Express Trust Not barred by prescription Void Contract Imprescriptible d.It may be resorted to when a petition for review and an action for reconveyance is no longer possible because the property has passed to an innocent purchaser for value and in good faith.If ground relied upon is fraud.It is an action for cancellation of title brought by a private individual.May the court cancel the notice of lis pendens even before final judgment is rendered? i. It is because registration constitutes constructive notice to the whole world. in successfully obtaining title over a disputed land claimed by the plaintiff. 10 years from the date of the issuance of the OCT or TCT.When will an action for damages in land registration cases prescribe? i. b.When may an action for damages be resorted to in land registration cases? i. e. what is the period for filing the same? i. 7)Cancellation Suit a.An ordinary action for damages prescribes in ten (10) years after the issuance of the Torrens title over the property.

ii.When certificate of title is issued covering a non-registrable property; or

iii.Other causes such as when the certificate of title is issued pursuant to a judgment that is not final or when it is
issued to a person who did not claim and applied for the registration of the land covered.

c.What are the rules as regards cancellation of certificates of title belonging to different persons over the same land?

i.Where two certificates are issued to different persons covering the same land, the title earlier in date must
prevail. The latter title should be declared null and void and ordered cancelled.

d.What is meant by prior est temporae, prior est in jura?

i.It is a principle which means he who is first in time is preferred in right.

8)New trial or reconsideration

a.Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment
or final order and grant a new trial for one or more of the causes materially affecting the substantial rights of
said party.

b.If the motion for new trial is granted, the judgment is set aside; if the motion for reconsideration is granted,
the judgment is merely amended.

c.The period for filing either motion is within the period for taking, not perfecting, an appeal.

d.Grounds:

i.Fraud, accident, mistake or excusable negligence;

ii.Newly discovered evidence, which he could not, with reasonable diligence, have discovered, and
produced at the trial, and which if presented would probably alter the result;

1.Within the same period, the aggrieved party may also move for reconsideration upon the
grounds that the damages awarded are excessive, that the evidence is insufficient to justify the
decision or final order or that decision or final order is contrary to law.

e.Contents:

1.The motion shall be made in writing stating the ground or grounds therefor, a written notice of which
shall be served by the movant on the adverse party.

2.A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.

3.No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.

f.Affidavits of merit

i.A motion for new trial grounded on fraud, accident, mistake or excusable negligence should ordinarily
be accompanied by two affidavits;

1.One, setting forth the facts and circumstances alleged to constitute such fraud, accident,
mistake, or excusable negligence;

a.Reason:It is to enable the court to determine if the movant’s claim of fraud, etc. is not
mere conclusion but is indeed borne out by the relevant facts.

2.And the other, an affidavit setting forth the particular facts claimed to constitute the movant’s
meritorious cause of action or defense.

a.Reason: Equally evident as it would be useless, a waste of time, to set aside the
judgment and reopen the case to allow the movant to adduce evidence when he has no
valid causes of action or meritorious defense.

g.Definition of Terms:

i.Fraud to be ground for nullity of a judgment must be extrinsic to the litigation.

1.Extrinsic fraud- refers to any fraudulent act of the successful party in a litigation which is committed
outside the trial of a case against the defeated party, or his agents, attorneys or witnesses, whereby said
defeated party is prevented from presenting fully and fairly his side of the case.

2.Intrinsic fraud- refers to acts of a party in a litigation during the trial, such as the use of forged
instruments or perjured testimony, which did not affect the presentation of the case, but did prevent a
fair and just determination of the case.

ii.Accident or surprise- It must appear that there was accident or surprise which ordinary
prudence could not have guarded against and by reason of which the party applying has
probably been impaired in his rights.

iii.Mistake -- It is some unintentional act, omission, or error arising from ignorance, surprise,
imposition or misplaced confidence.

iv.Excusable neglect- It means a failure to take the proper steps at the proper time, not in consequence of the party’s
own carelessness, inattention, or willful disregard of the process of the court, but in consequence of some unexpected
or unavoidable hindrance or accident, or reliance on the care and vigilance of his counsel or on promises made by the
adverse party.

9)Quieting of Title

a.What is action for quieting of title?

i.It is an action that is brought to remove clouds on the tile to real property or any interest therein, by reason of
any instrument, record, claim, encumbrance, or proceeding which is apparently valid or effective but is in truth
and in fact invalid, ineffective, voidable or unenforceable, and may be prejudicial to said title.

b.Who may file an action to quiet title?

i.Registered owner;

ii.A person who has an equitable right or interest in the property; or

iii.The State.

c.Note:

i.Criminal action- State may criminally prosecute for perjury the party who obtains registration through fraud,
such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings.

ii.Action for damages-Filed in an ordinary action for damages if the property has passed unto the hands of an
innocent purchaser for value.

10)Remedy in Case of Loss or Destruction of Certificate of Title:

a.What is the remedy in case a person lost his certificate of title?

i.It depends.

1.If what is lost is the OCT or TCT – Reconstitution of certificate of title;

2.If, however, it is the duplicate of the OCT or TCT –Replacement of lost duplicate certificate of title.

11)Reconstitution of Certificate of Title

a.What is the remedy in case a certificate of title is lost or destroyed?

i.Remedy is reconstitution of lost or destroyed certificate of title in the office of Register of Deeds in
accordance with R.A. 26

b.What is reconstitution of certificate of title?

i.The restoration of the instrument which is supposed to have been lost or destroyed in its original form
and condition, under the custody of Register of Deeds.

c.What is the purpose of reconstitution of title?

i.To have the same reproduced, after proper proceedings, in the same form they were when the loss or
destruction occurred.

d.Does reconstitution determine ownership of land covered by a lost or destroyed certificate of title?

i.A reconstituted title, by itself, does not determine or resolve the ownership of the land covered by the
lost or destroyed title. The reconstitution of a title is simply the re-issuance of a lost duplicate certificate
of title in its original form and condition. It does not determine or resolve the ownership of the land
covered by the lost or destroyed title. A reconstituted title, like the original certificate of title, by itself
does not vest ownership of the land or estate covered thereby.

e.May a writ of possession be issued in a petition for reconstitution?

i.No, because, reconstitution does not adjudicate ownership over the property. A writ of possession is
issued to place the applicant-owner in possession.

f.What are the elements of reconstitution of certificates of title?

i.Certificate has been lost or destroyed;

ii.Petitioner is the registered owner or has an interest therein; and

iii.Certificate was in force at the time it was lost or destroyed.

g.What are the jurisdictional requirements in petitions for reconstitution of title?

i.Notice thereof shall be:

1.Published twice in successive issues of the Official Gazette;

2.Posted on the main entrance of the provincial building and of the municipal building of the
municipality or city, where the land is situated; and

3.Sent by registered mail to every person named in said notice.

Note: The above requirements are mandatory and jurisdictional

h.What are the kinds of reconstitution of title?

i.Judicial - partakes the nature of a land registration proceeding in rem. The registered owners, assigns,
or any person having an interest in the property may file a petition for that purpose with RTC where
property is located. RD is not the proper party to file the petition.

ii.Administrative may be availed of only in case of:

1.Substantial loss or destruction of the original land titles due to fire, flood, or other force
majeure as determined by the Administrator of the Land Registration Authority

2.The number of certificates of title lost or damaged should be at least 10% of the total number
in the possession of the Office of the Register of Deeds

3.In no case shall the number of certificates of title lost or damaged be less than P500

4.Petitioner must have the duplicate copy of the certificate of title (RA No. 6732)

12)Replacement of Lost Duplicate Certificate of Title

a.If what is lost or destroyed is the duplicate title, is reconstitution the proper remedy?

i.No. When the duplicate title of the landowner is lost, the proper petition is not reconstitution of title, but one
filed with the court for issuance of new title in lieu of the lost copy.

b.Who are the persons entitled to a Duplicate Certificate of Title?

i.Registered owner

ii.Each co-owner

c.What are the requirements for the replacement of lost duplicate certificate of title?

i.Due notice under oath shall be sent by the owner or by someone is his behalf to the Register of Deeds of the
province or city where the land lies as soon as the loss or theft is discovered.

ii.Petition for replacement should be filed with the RTC of the province or city where the land lies.

iii.Notice to Solicitor General by petitioner is not imposed by law but it is the Register of Deeds who should
request for representation by the Solicitor General.

iv.A proceeding where the certificate of title was not in fact lost or destroyed is null and void for lack of
jurisdiction and the newly issued duplicate is null and void.

13)Amendment or Correction of Title

a.What are the grounds for amendment or correction of certificate of title?

i.When registered interests of any description, whether vested, contingent or inchoate have terminated and
cease;

ii.When new interests have arisen or been created which do not appear upon the certificate;

iii.When any error, omission or mistake was made in entering a certificate or any memorandum thereon or on
any duplicate certificate;

iv.When the name of any person on the certificate has been changed;

v.When the registered owner has been married, or registered as married, the marriage has terminated and no
right or interest of heirs or creditors will thereby be affected;

vi.When a corporation, which owned registered land and has been dissolved, has not conveyed the same within
3 years after its dissolution; or

vii.When there is a reasonable ground for the amendment or alteration of title.

b.What are the requisites for the amendment or correction of title?

i.It must be filed in the original case;

ii.By the registered owner or a person in interest;

iii.On grounds enumerated

iv.All parties must be notified;

v.There is unanimity among them; and

vi.Original decree must not be opened.

14)Cancellation of Title

a.What are the grounds for cancellation of title?

i.When title is void;

ii.Title is replaced by one issued under a cadastral proceeding; or

iii.When condition for its issuance has been violated by the registered owner.

15)Surrender of Withheld Duplicate Certificate of Title

a.What are the grounds for surrender of withheld duplicate certificate of title?

i.When it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the
title of the registered owner against his consent;

ii.Where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to
surrender the owner’s duplicate certificate of title; or

iii.Where the owner’s duplicate certificate is not presented for amendment or alteration pursuant to a court
order.

once registered under the Land Registration Act. iii. In a registration proceeding instituted for the registration of a private land.Generally. action for declaration of nullity of title requires allegation of the plaintiff’s ownership of the contested lot prior to the issuance of free patent and certificate of title. SURVEY.g. 518 scra 334 (2007) Section 30 of Presidential Decree No. in the sense of incontrovertibility until after the expiration of one (1) year after the entry of the final decree of registration.When does reversion apply? i. for cancellation of certificate of title and the consequential reversion of the land covered thereby to the State.CADASTRAL REGISTRATION PROCEEDINGS A. in several decisions. CA.Ting v.It is an action instituted by the government. 121 and 122. Heirs of Diego Lirio. as the case may be.When the area is an expanded area v. the judgment of the court confirming the title of the applicant or oppositor. the adjudication of land in a cadastral or land registration proceeding does not become final. It is a settled rule that a homestead patent. the Director of Lands shall give notice to persons claiming any interest in the lands as well as to the general public.16)Reversion a. Gomez v. he may to this end direct and order the Director of Lands to cause to be made a cadastral survey of the lands involved and the plans and technical description thereof prepared in due form. res judicata against the whole world. The Court. when final.What are the grounds for reversion of lands covered by a patent? i. giving as fully and accurately as possible the description of the .When the land is acquired in violation of the Constitution (e.g. ii. (b) Thereupon. becomes indefeasible and incontrovertible as a Torrens title. reversion applies in all cases where lands of public domain and the improvements thereon and all lands are held in violation of the Constitution. and may no longer be the subject of an investigation for determination or judgment in cadastral proceeding. 120. land acquired by an alien may be reverted to the State) ii. b.Failure of the grantee to comply with the conditions imposed by law to entitle him to a patent grant iv. On the other hand.When land patented and titled is not capable of registration iii. alienation or sale of homestead executed within the 5 year prohibitory period) ii. the allegations in the complaint would admit State ownership of the disputed land. E. and ordering its registration in his name constitutes. through the Solicitor General. c. Section 35.Violation of Sections 118. Public Land Act (e. 1529 or the Property Registration Decree provides: The judgment rendered in a land registration proceeding becomes final upon the expiration of thirty days to be counted from the date of receipt of notice of the judgment.Note: The difference between reversion suit and action for declaration of nullity of title is that in the former. It becomes final when no appeal within the reglementary period is taken from a judgment of confirmation and registration. the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court rendering it. has held that as long as a final decree has not been entered by the Land Registration Commission (now NLTDRA) and the period of one (1) year has not elapsed from date of entry of such decree. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION. of the day on which such survey will begin. NOTICES i. 168 SCRA 503 (1988) Unlike ordinary civil actions.What is meant by reversion? i. (a) When in the opinion of the President of the Philippines public interest so requires that title to any unregistered lands be settled and adjudicated. with or without opposition. Cadastral Survey Preparatory to filing of petition.

lands to be surveyed. be numbered consecutively beginning with number "one". and shall also contain: (a)The age of the claimant. and a copy of the notice in English or the national language shall be posted 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. the Director of Lands. Answer to petition in cadastral proceedings. Section 36. or shall destroy or remove any notice of survey posted on the land pursuant to law. A copy of the notice shall also be sent to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned. or occupants of such lands or any part thereof. whether named in the notice or not. or shall maliciously interfere with the placing of any monument or remove such monument. (b)The cadastral number of the lot or lots claimed. . the name of the spouse and the date of marriage. 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. as the case may be. It shall be lawful for such Geodetic Engineers and other employees to enter upon the lands whenever necessary for the purposes of such survey or the placing of monuments. or both. Such notice shall be punished once in the Official Gazette. stating in substance that public interest requires that the title to such lands be settled and adjudicated and praying that such titles be so settled and adjudicated: The petition shall contain a description of the lands and shall be accompanied by a plan thereof. as appearing on the plan filed in the case by the Director of Lands. Where the land consists of two or more parcels held or occupied by different persons. shall appear before the court by himself or by some other authorized person in his behalf. 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. shall institute original registration proceedings by filing the necessary petition in the Court of First Instance of the place where the land is situated against the holders. claimants. 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. and shall mark the boundaries of the lands by monuments set up in proper places thereon. When the lands have been surveyed or plotted. the plan shall indicate the boundaries or limits of the various parcels as accurately as possible. a designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot numbers. represented by the Solicitor General. possessors.• C.PETITION. or the block and lot numbers. to communicate with the Geodetic Engineer upon his request therefor 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. 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.ANSWER iii. B. (d)It shall be the duty of every person claiming an interest in the lands to be surveyed. shall be punished by a fine of not more than one thousand pesos or by imprisonment for not more than one year. except by order of court. The lots situated within each municipality shall. (c)The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall give notice reasonably in advance of the date on which the survey of any portion of such lands is to begin. his nationality. and only one series of numbers shall be used for that purpose in each municipality. or in any parcel thereof. The cadastral number of a lot shall not be changed after final decision has been entered decreasing the registration thereof. The letter with which a subdivision is designated shall be known as its "cadastral letter": Provided. however. Petition for registration. The answer shall be signed and sworn to by the claimant or by some other authorized person in his behalf. However in cities or townsites. (e)Any person who shall willfully 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. that the subdivisions of cities or townsites may be designated by blocks and lot numbers. which numbers shall be known as "cadastral lot numbers". and if married. which notice shall be posted in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated. as far as practicable. and shall state whether the claimant is married or unmarried. Any claimant in cadastral proceedings.Section 37. residence and postal address. LOT NUMBERS ii.

the answer shall fully set forth the interest claimed by him and the time and manner of his acquisition. may be judicially evicted by means of a writ of possession and it is the duty of the registration court to issue said writ when asked for by the successful claimant. (e)If the claimant is in possession of the lots claimed and can show no express grant of the land by the government to him or to his predecessors-in-interest. the decision rendered by the 7th MCTC of Atimonan-Plaridel. the answer shall state the length of time he has held such possession and the manner in which it has been acquired. The findings of the respondent Judge that a writ of possession cannot be issued in the cadastral case because the respondents were not parties in said registration proceedings. All told. their last assessed value. v. JUDGMENT. (g)If the lots have been assessed for taxation. during the registration proceedings. Republic. (f)If the claimant is not in possession or occupation of the land. (1980) The Court is convinced that the respondent Judge committed an error in denying the petition for the issuance of a writ of possession. HEARING. that all parties are heard. who are deemed included in the general order of default entered in the case. and shall also state the length of time. procedure and evidence. which has not yet been abandoned. or that they were not occupants of the land during the registration proceedings prior to the issuance of the final decree of registration is not supported by the evidence and law. confirming petitioners' title over the subject lot is void ab initio for having been rendered without jurisdiction. Besides. as far as known. the said petition having been filed more than five years after the issuance of the final decree of registration. Regrettably. Rodil v. Tan Sing Pan v. Judgment. Section 38. if any. The respondent heirs of Alejandro Abes. A cadastral decree and a certificate of title are issued only after the applicants prove all the requisite jurisdictional facts: that they are entitled to the claimed lot. affecting the lots and the names of adverse claimants. are proceedings in rem. 496 SCRA 189 (2006) Cadastral proceedings. The respondent heirs of Alejandro Abes cannot be said to be strangers to the registration proceedings. during which the predecessors. . 95 SCRA 137. and orders for default and confessions entered. Hearing. they failed to present proof of publication of the Notice of Initial Hearing. Lorente. Decree. the Court stated that the right of the applicant or a subsequent purchaser to ask for the issuance of a writ of possession of the land never prescribes. DECREE iv. 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 and shall have the same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings. if any. The trial of the case may occur at any convenient place within the province in which the lands are situated and shall be conducted. (d)The names and addresses of the owners of the adjoining lots so far as known to the claimant. thereby becoming a direct party in the registration proceedings by their voluntary appearance. what with the fact that they are the ones who stood to be benefited by the adjudication of the subject lot. and (h) The encumbrances. Benedicto. it appears that the said respondent heirs of Alejandro Abes filed a petition for the review of the decree of registration. and are governed by the usual rules of practice. and that evidence is considered. A cadastral proceeding is a proceeding in rem and against everybody. The respondents claim that the petition for the issuance of a writ of possession was filed out of time. like ordinary registration proceedings. vi. in the same manner as in ordinary land registration proceedings and shall be governed by the same rules. D. It is incumbent upon the petitioners to establish by positive proof that the publication requirement has been complied with. including the respondents herein. as far as known.(c)The name of the barrio and municipality in which the lots are situated. held possession. without which the trial court did not acquire jurisdiction over the case. Quezon.In the case of Manlapas and Tolentino vs. being in possession of the lots in questionunlawfully and adversely. there being no indication at all from the records of the case that notice of the Order for Initial Hearing was published in the Official Gazette and in a newspaper of general circulation.

Publication e. promoted by the Director of Lands. This constitutes the decision the judgment the decree of the court. This interpretation appears to be reasonable considering that the object of cadastral proceedings is to settle and adjudicate• to lands. without such appeal being perfected. in a community.Filing of petition for registration d. 2)Nature and purpose of cadastral proceedings a.Hearing of the petition g.It is a proceeding in rem. The certificate of tile would then be necessary for purposes of effecting registration of subsequent disposition of the land where court proceedings would no longer be necessary. when title deemed vested i. b. is avoided. as stated in Section 35(a). the law would limit the cadastral survey to any unregistered lands• such that private lands are excluded. somewhat akin to a judicial inquiry and investigation leading to a judicial decree.Lands already decreed and registered in an ordinary registration proceeding cannot again be subject of adjudication or settlement in a subsequent cadastral proceeding.Second action is the declaration by the court that the decree is final and its order for the issuance of the certificate of title by the Administrator of the Land Registration Authority.Judgment. This office has been instituted in order to have a more efficient execution of the laws relative to the registration of lands• and to issue decrees of registration pursuant to final judgments of the courts in land registration proceedings.First . The principal aim is to settle as much as possible all disputes over land and to remove all clouds over land titles.As provided for in Section 35. not by the persons claiming ownership of the land subject thereof. and the latter are.Cadastral survey preparatory to filing of petition b. 6)Lands already titled cannot be the subject of cadastral proceedings a.NOTES SECTIONS 35 38 of PRD: 1)What is cadastral registration? a.The purpose.adjudicates ownership in favor of one of the claimants. Private lands are obviously not contemplated since ownership thereof had already been finally determined and adjudicated.Third and last action devolves upon the Land Registration Authority. d. and to substantiate such claim or interest. 3)Procedure leading to the adjudication of property through cadastral proceedings a. is to serve the public interest by requiring that the titles to any unregistered lands be settled and adjudicated. c.The piecemeal and isolated registration of lands.In the absence of fraud. 4)Actions taken in a cadastral proceeding a. title to land in a cadastral proceeding is vested on the owner upon the expiration of the period to appeal from the decision or adjudication by the cadastral court.The object of a cadastral petition is to have the title to the various lots embraced in the survey be settled and adjudicated. initiated by the filing of a petition for registration by the government. and speaks in a judicial manner. as far as practicable.• 5)Only unregistered lands• may be the subject of a cadastral survey a.Notice of survey and publication c. and from that time the land becomes registered property which cannot be lost by adverse possession. so inadequate in more ways than one. in effect compelled to go to court to make known their claim or interest therein. on the pain of losing their claim thereto.Filing of answer f. c.It is in the nature of a proceeding in rem.• b. .

Suppressing the presentation of evidence in support of claims would perpetuate conflicts over lands. The rule is that the failure on the part of the administrative authorities to do . 15)Neither prescription nor laches may render inefficacious a judgment in acadastral case a.An order of a court in a cadastral case amending the official plan so as to make it include land not previously included therein is a nullity unless new publication is made.In line with the doctrine of the inapplicability of prescription and laches in registration cases. the land. the proceeding being in rem. title of ownership on the land is vested upon the owner upon the expiration of the period to appeal from the decision or adjudication by the cadastral court. 7)Jurisdiction of the cadastral court over previously titled lands limited to the correction of technical errors in the description of the land a. registered property which could not be acquired by adverse possession. 14)Cadastral court has no jurisdiction over a petition for reconstitution a. c. 9)Cadastral answer may not be thrown out upon a mere motion of adverse claimants a. 8)New titles may be issued for private lands within the cadastral survey a. registration of title under the cadastral system is final. upon the promulgation of the order issuance of a decree. it has been held that the failure on the part of the administrative authorities to do their part in the issuance of the decree of registration cannot oust the prevailing party from ownership of the land. d. 10)Amendment of the plan to include additional territory a.The new title issued under the cadastral system to a person who already holds a valid Torrens title must include the whole land specified in the latter.Provided that such corrections do not impair the substantial rights of the registered owner of his title.A decree entered by the court cannot be considered as permanent if the limits of the land therein registered may be changed or the area thereof altered by a subsequent adjudication by the court.The cadastral court has jurisdiction to determine the priority or relative weight of two or more certificates of title for the same land.A reconstituted title is ordered issued in an ordinary civil case. for all intents and purposes. This is so because when once decreed by a court of competent jurisdiction. and binding on the whole world.Publication is one of the essential bases of the jurisdiction of the court in land registration and cadastral cases.In other words. b. and additional territory cannot be included by amendment of the plan without new publication. b. c. from that time.As a general rule. after the lapse of the period allowed for an appeal. not in a cadastral proceeding for judicial confirmation of imperfect title over unregistered property. had become. the title to land thus determined is already res judicata.A registration court has no jurisdiction to decree again the registration of land already decreed in an earlier land registration case and a second decree for the same land is null and void. b. 11)When title to land in a cadastral case is vested a. without such an appeal having been perfected. b.The mere fact that there has been a delay in the issuance of the corresponding certificate of title pursuant to a decree of registration in a cadastral case will not render inefficacious the decision rendered by the court on account of prescription or laches. conclusive and indisputable.In a cadastral case.No modification or alteration can be permitted to be made in the Torrens title for the sole purpose of making the area of the and described therein agree with that given in the cadastral survey plan b. 12)Decision declaring land as public land not a bar to a subsequent action for confirmation of title over the same land 13)Neither prescription nor laches may render inefficacious a decision in a land registration case a.The certificate of title would then be necessary for purposes of effecting registration of subsequent disposition of the land where court proceedings would no longer be necessary.

during the cadastral proceedings. they may be judicially evicted by means of a writ of possession.• 16)Issuance of writ of possession imprescriptible a. Respondent heirs cannot be said to be strangers since a cadastral proceeding is a proceeding in rem and against everybody. the issuance of which never prescribes. unlawfully and adversely.It has been held that where respondent heirs were in possession of the lots in question. their part in the issuance of the decree of registration cannot oust the prevailing party from ownership of the land. .