Classification according to ownership

A notation in a survey plan indicating

L a n d i s c o n s i d e re d o f p u b l i c that a parcel of land is inside the
dominion if it either:
alienable and disposable land of
(a) is intended for public use; or
public domain does not constitute a
(b) belongs to the State, without being for positive government act classifying
public use, and is intended for some the land as such. Verily, a mere
public service or for the development of surveyor has no authority to reclassify
the national wealth.
lands of the public domain. (Republic
v. Lao, GR No. 200726, Nov. 9, 2016)

Lands belonging to the State that is not of

such character, or although of such
character but no longer intended for public
use
declared alienable and disposable
Who may apply?
Section 14 of P.D. 1529, the Property
Registration Decree, enumerates the persons
who may apply for registration, whether
personally or through their duly authorized
representatives, to wit:
Nov. 14, 2016).
The land of the public domain, to be
the subject of appropriation, must be
either by the President or the
Secretary of the DENR. Applicants
must present a copy of the original
classification approved by the DENR
Secretary and certified as true copy
by the legal custodian of the records.
(Republic v. Ocol, GR No. 208530,

(1) Those who by themselves or through

their predecessors-in-interest have
been in open, continuous, exclusive (2) Those who have acquired ownership
and notorious possession and of private lands by prescription under
occupation of alienable and the provisions of existing laws.

disposable lands of public domain

under bonafide claim of ownership (3) Those who have acquired ownership
since June 12, 1945 or earlier.
of lands or abandoned river beds by

right of accession or accretion under
The law imposes no requirement that the existing laws.

the land should have been declared

alienable and disposable agricultural (4) Those who have acquired ownership
land as early as June 12, 1945. (AFP of land in any other manner provided
Retirement and Separation Benefits for by laws.

System v Republic, GR No. 180086,

July 2, 2014). What is important in Where the land is owned in common,
computing the period of possession all the co-owners shall file the
is that the land has already been application jointly.

declared alienable and disposable at

the time of the application for Where the land has been sold under
registration. (Republic v. Rosas, GR pa to de retro, the vendor a retro may
No. 176022, Feb. 2, 20150
file an application for the original
registration of the land, provided,
Section 14(1) merely requires the however, that should the period for
property sought to be registered as re d e m p t i o n e x p i re d u r i n g t h e
already alienable and disposable “at pendency of the registration
the time application for registration proceedings and ownership to the
of title is filed” (Republic v. Court of property consolidated in the vender a
Appeals and Naguit)
retro, the latter shall be substituted
for the applicant and may continue
the proceedings.

A trustee on behalf of his principal

may apply for original registration of
any land held in trust by him, unless
prohibited by the instrument creating
the trust.