Registration of Public Lands

- Public lands include all lands owned by the government. In the more limited sense in which the
term is ordinarily used, it signifies only such lands as are subject to sale or other disposable by
the government under the general laws. While the term “public lands” is synonymous to “public
domain,’’ the latter covers only such public lands as are unappropriated.

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE

- In absence of registration, title to public land is not perfected and therefore not indefeasible
- In case of 2 titles obtained on same date – one procured thru decree of registration is superior
than patent issued by director of land
- 2 titles procured by one person – one from homestead patent, one from judicial decree & sold
to 2 diff persons, one who bought it for value and in good faith & one who register first shall
have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN

- Classification is exclusive prerogative of executive & not by judiciary

- Anyone who applies for confirmation of imperfect title has burden of proof to overcome the
presumption that the land sought to be registered forms part of public domain (Regalian
doctrine)
- Under the Constitution
o Agricultural – only one subject to alienation
o Forest or timber
o Mineral lands
o National park
- Under the Public Land Act
o Alienable/Disposable
 Agricultural
 Residential, commercial, industrial
 Educational, charitable
 Town sites and for public and quasi-public uses
o Timber lands – inalienable
o Mineral lands – inalienable
 If patent or title is issued – void ab initio for lack of jurisdiction
 Not subject to acquisitive prescription; even if in possession for long time, will
not ripen to ownership
 Except: mineral lands and forest lands acquired before inauguration of
Commonwealth in Nov. 15, 1935; vested rights which are protected

Fishponds
 - Before: included in definition of agriculture, conversion of agricultural land to fishpond does not
change the character of land
- Now: restricted meaning; fishpond has distinct category; cannot be alienated but may be leased
from the government.

DIRECTOR OF LANDS

- Quasi-judicial officer
- Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
- Empowered to alienate and dispose lands

Modes of alienating public lands

- Homestead settlement
- Sale
- Confirmation of imperfect or incomplete title
o Judicial Legalization
o Administrative legalization

*Lease not included since lease does not transfer ownership; free-title grant: free distribution of
public lands to encourage people to cultivate; government furnishes the applicant with tolls plus
cash allowance to enable him to cultivate