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    Arellano University School of Law Ay. 2018 to 2019 Land Titles and Deeds Atty. Francis R. Doble Part 1 Land Registration Introduction A. Land Administration The term “land administration” refers to the processes of recording and disseminating information about the ownership, value and use of land and its associated resources. Such processes include the determination or “adjudication” of rights and other attributes of the land, the survey and description of these, their detailed documentation and the provision of relevant information in support of land markets. (UNICE, 1995) Land administration can be likened to accounting and bookkeeping, except that instead of money, it is land that is being inventoried, accounted and booked, Land is inventoried, accounted and booked through land survey - by dividing it into parcels or lots for easy identification. The corresponding ownership or interest over these parcels is also accounted and in some instances, awarded and adjudicated to the owner. The ownership in each of these parcels are thereafter registered in the Register of Deeds. The lands so identified, adjudicated and registered become "titled lands” whose ownership are considered as “indefeasibie” or certain. Thus, land administration systems are not primarily concerned with general data on land but are concemed more with detailed information of each land parcel within its jurisdiction, A good land administration system should have the following components to be effective: Y Land Survey and Mapping - where land boundaries are identified andl land parcels are created; YLand Adjudication - where interests on land are identified and ownership resolved; YLand Registration - where land titles are created and interest on land registered in a public registry; and ¥ Cadastre - is normally a parcel based and up-to-date land information system containing a record of interests in land (i.e. rights, restrictions and responsibilities). The central component of an effective land administration system is the cadastre where records on land survey, adjudication and registration are integrated. It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, ownership or control of those interests, and often the value of the parcel and its improvements. It may be established for Page 1 0172 Jiscal purposes (e.g. valuation and taxation), for titling/legal purposes (transfers of land), for management of land and land use (e.g. for planning and other administrative purposes), and for sustainable development and environmental protection. The ‘tax map" and “tax roll” of the LGUs in the Philippines is an example of a fiscal cadaster. The “tax map” is usually based from the “cadastral survey” of the area conducted for titling purposes, Land administration provides for an immediate means of identifying with certainty and accuracy the ownership and interest in a land. This information can only be provided by an efficient land administration based on a modern and efficient system that will: ¥ Guarantee ownership and security of tenure; ¥ Support the land market by facilitating recording of interest and transfers of ownership; ‘Support land and property taxation; Reduce land disputes; Facilitate land reform; Improve urban planning and infrastructure development; ‘Support environmental management; and s44 66 Produce statistical data, B. Government Agencies Involved in Land Administration The primary land administration functions of land surveying and mapping, land titling and land registration are performed by different government agencies. The duties and responsibilities of the officials and employees of these agencies are prescribed by laws, rules and regulations, including the specific procedure that hhas to be followed in the conduct of the land administration activities. Below are the national agencies with major land administration functions. These agencies are involved directly in activities on surveying and mapping, titling and registration of lands: ¥ Department of Environment and Natural Resources (DENR) is the main agency involved in land classification, land surveys and titling of public land. It issues land patents in the form of homestead, sales and free patents as well as land leases and other permits on public agricultural tands. (Commonwealth Act No. 141, Public Land Act, 1936, see http:// wurw.denr.gov.ph); Y Land Registration Authority (LRA) assists court in tilting of private lands (original and cadastral tand registration proceeding), decides questions regarding registration of instruments, approves simple subdivisions of registered lands and exercise supervision over the Registers of Deeds (RDS). (Presidential Decree (P.D.) No. 1529, Property Registration Decree, 1978, see http:/ /www.tra.gov ph}; Page 20172 Y Registrars’ of Deeds registers patents, Certificate of Land Ownership Awards, Certificate of Ancestral Domain Titles/Claims (CADT/C) issued by DENR, the Department of Agrarian Reform, National Commission on Indigenous People respectively and the judicial decrees issued by LRA. It is also responsible for the registration of subsequent voluntary and involuntary transactions on registered lands. (P.D. No. 1529, Property Registration Decree, 1978); Y Department of Agrarian Reform (DAR) is responsible for the agrarian reform program of the government. It issues agrarian reform land grants in the form of Emancipation Patents and Certificate of Land Ownership Awards that are registered by the Registrar of Deeds. (Republic Act No. 6657/9700, Comprehensive Agrarian Reform Law (CARL), 1988, see http:// www.dar.gov.ph); ¥ National Commission on Indigenous People (NCIP) resolves issues on ancestral lands. It undertakes delineation of ancestral domain land (self- delineation) and issues CADT/Cs that are registered by the Registrar of Deeds. (Republic Act No. 8371, The Indigenous Peoples’ Rights Act, 1997) ¥ The Courts (Judiciary) hear and adjudicate private claims on lands of the public domain. Court judgment is the basis of LRA in the issuance of Decrees that are registered by the Registrar of Deeds. (Batas Pambansa Bilang 129, Judiciary Re-organization Act, 1980 and P.D. No. 1529, Property Registration Decree, 1978) ¥ Local Government Units (LGUs) issue tax declarations, prepare tax maps, Zoning ordinances, conversions of lands and perform other land management functions. (Republic Act No. 7160, The Local Government Code, 1990) C. Public and Private Lands There are two basie principle that underpin land ownership in the Philippines. The first is State ownership under the concept of the Regalian Doctrine. The second is the right to private ownership. The first principle in our land laws is the Regalian Doctrine, which holds that all lands belong to the State and only by a grant from the State can land pass into private ownership. Thus under the Constitution, all lands of public dominion and all other natural resources are owned by the State and ail lands not otherwise clearly appearing to be privately owned are presumed to belong to the State, which is the source of any asserted rights to ownership of land. Under this concept, private title to lands must be traced to some grant, express or implied, from the State, This finds expression in Section 2, Article XI of the 1987 Constitution (National Bconomy and Patrimony) and likewise incorporated under Book 2, Title 1, Chapter 3 of the New Civil Code. ‘The second principle is the principle of private ownership. It includes not only the right to use and enjoyment, but also the right to exclude others, including the State, from the land. This right is protected under the Constitution and under the law that gives land owners absolute control and exclusive rights on the basis of legal, state-conferred ownership, subject only to certain limitation on police power (land use and environmental protection) and eminent domain, Pages ot72 Based on these principles, and ten or the modes of holding or occupying land in the Philippines can be generally di “ded into public and private lands. 1. Public Domain Lands Public Domain Lands are lands that are owned by the State. These are referred to as lands of the Public Domain. Ownership by use - It includes lands that are intended for public use, such as roads, canals, rivers, torrents, ports and bridges consiructed by the State, banks, shores, roadsteads and others of similar character, and lands that are intended for some public purpose, Ownership by classification - Forest and mineral lands and national parks are all lands of the public domain and no private ownership is allowed in this type of lands. Ownership in its Private Capacity - Lands that are owned by the State in its private capacity are called “patrimonial properties.” 2, Private Domain Lands Are those lands that are owned by private persons. Private lands are originally acquired from the State by qualified private persons (original disposition). Once acquired, it becomes private property and it can be transferred by the owner to any person who is allowed by the law to acquire lands. Private land ownership is limited to A and D lands and is primarily governed by the following laws! ¥ The Constitution ¥_ New Civil Code of the Philippines Y Public Land Laws Y Property Registration Decree Y Agrarian Reform Laws ¥ Ancestral Domain Law . Land Titles and Land Registration Every land administration system should include some form of land registration component for the recording of rights and interest on land. In some countries, this information is guaranteed by the State, an example of which is the Torrens system of land registration that originated from Australia. The information regarding ownership is usually contained in a cadastre or a parcel based inventory of land with ownership/interest attributes for each parcel. Land registration provides for a safe and certain foundation for the acquisition, enjoyment and disposal of such rights in land. Page 40172 1. Title as Naked Right of Ownership As discussed earlier, we say that the source of all title to lands is the State. Lands that are held by private persons are originally acquired from the State through land grants, direct (patents) or indirect (by operations of law). Once the land has been granted, it becomes private and the land becomes segregated from the lands of the public domain. Thereafter, said land becomes the absolute property of the private owner to the exclusion of everyone, including the State. As private property, the owner can exclude anyone, use and occupy the land, and transfer complete ownership or allow its use by some other persons with minimal interference from the State. In the strict legal sense, this ownership is referred to as a “title”. It means the lawful cause or ground of control and enjoyment of land. 2, Titled Land as Registered Land We tend to use the word “titled land” differently from the legal sense of these words. We use “titled land" in the colloquial to'mean that a land has been registered in the Register of Deeds and covered by the Torrens System. Thus, the significance of the word “titled land” and its opposite “untitled land”, does not lie on the bare ownership of the land (the legal meaning) but on the fact of whether or not “such ownership on the land has been registered” at the Register of Deeds. In short, when we use the word titled land, what we really mean is registered land. 3. Untitled Land as Unregistered Land We use the word “untitled land, on the other hand, to mean private lands that is not registered in the Register of Deeds and not covered by the Torrens System. When we use the word untitled land, we refer to bare ownership of land or ownership that has not been adjudicated either judicially or administratively and registered as Torrens title under P.D. No. 1529. The land has already been acquired by operation of law and is now private land although its final adjudication for purposes of Torrens registration is still suspended. This ordinary meaning of the word “untitled land” has been used in the same ordinary sense by some land agencies as well. For example, Untitled Private Agricultural Lands (UPAL) are used by the DENR and DAR to mean lands that have been considered as private lands already by operation of law but said private ownership is not registered with the Register of Deeds. Although UPALS are unregistered land, the DAR pays the owner/claimant compensation when such land is covered and distributed. The most common evidence of ownership on this type of tenure is the tax declaration that is filed by land owners in the Assessor's Office of Local Governments for purposes of real property tax assessment and payment. I, Land Ownership in the Philippines A. Pre-‘Spanish Concept of Land Ownership “Land terure (in pre-hispanic Philippines) was defined. In the Barangay system, house lots were owned by occupant families. Back of the houses were the family Page 5 0172 Fields, in parcel or strips, much like the strip fields in many villages in Western Europe. The most valuable is the tubigan or watered land, which indicates that the basic crop was rice” ‘The institution of private property in land contradicts modem assertion that all Barangay land was owned in common. Traditions and customs vested ownership in the family. The family land can be transferred via inheritance, Purchase or barter and could be piedge as security for debts. Inheritance is not governed by rules of primogeniture common in many European cultures; the children inherits in equal parts." “According to Morga, lands such as fields, nipa palm groves and wooded properties are barter items among natives. Land transfers also occurred via non- payment of debts." “in addition to the family residential lots and stip fields, the land system includes an undivided tract of land owned by the Barangay as @ the community. This tract generally covered the adjoining wood or forest, slopes, tinges, and fertile uplands, fishing areas and in coastal sites, mangroves and swamp lands. It must be noted that this institution of commonly owned tracks approximated the contemporary European institution of the village common.” ! B. Spanish Period 1, Ownership of Lands by Discovery All lands in the Philippines were acquired by the Spanish crown through discovery. 2, Land Titles Issued during the Spanish Period Private property ownership on land was introduced through land grants from the Spanish crown to settlers and to indigenous population by way of royal grants, sale and possessory titles. ‘Mociem legislations on land - Royal Decree of February 13, 1894 - Various laws on land disposition was codified under the Royal Decree of February 13, 1894 providing for the rules on sale, compromise and prescription on crown lands. Possessors of alienable public lands under cultivation who have not obtained nor applied for adjustment (composicion con el estado) on the date of such decree may still obtain a gratuitous title to the land by means of a possessory information upon establishing the existence of any of the following conditions: {1) continuous cultivation of the land during the preceding 6 years; (2) possession of the land for 12 consecutive years and cultivation of the same during the preceding 3 years; or (3) open and continuous possession for at least 30 years in case the land has not been under cultivation. A system of land registration was introduced known as “Ley Hipoticaria” or Mortgage Law, the last of which was in 1894 (The Spanish Mortgage Law). ‘These are the land titles issued under the Spanish Period. OD Corpuz (1987), Economic History ofthe Philippines, UP Press Page 6 0172 Titulo Real - Title to land granted generally to Spanish subjects in order to encourage them to settle and go out to the people of the new territory are called titulo real, (Law 1 and 3, Title 13, Book 4, Recopilacion de las Leyes de las Indias) Concession Especial - This is a form of acquiring title to land accomplished through the exercise of a special power by the GovemorGeneral of the Philippines without any authority of a special law. (Law Ul, Title 15, Book 2 of the Law of the Indies) Titulo de Composicion con el estado - By these titles, unlawful entries and detainer of lands by private individuals who extended their possessions beyond the original grants were legalized under certain conditions. This was conceived as a means of compromise between the Crown as the owner of the land and the private individual as the usurper. These titles were then evidences of absolute ‘ownership but may likewise be lost by prescription. The titles were granted by the Spanish Government through the Direccion General de Adminisiracion Civil, pursuant to the provision of the Royal Decree of 25 June 1880; that granted by the Chief of the Province by delegation pursuant to the provisions of Royal Decree of 31 August 1888; and that granted also under the Royal Decree of 13 February 1894. Titulo de Compra - This is acquired in accordance with the regulations for the sale of public lands in the Philippines approved by the Royal Decree of January 26,1889. Under the regulations, the application to purchase must be published in the Gazetta de Manila setting forth the description of the land and giving 60 days in which anyone can present his objection to the same. A similar notice in the dialect was required to be posted in the municipal building of the town in which the property was situated, besides making it public by the town crier. The sale was conducted at public auction and awarded to the highest bidder and covered not only vacant lands but also public lands occupied without title. Informacion Possesoria - Ley Hipotecaria - The informacion posesoria proceedings under the provisions of the Mortgage Law made effeciive in the Philippines on December 1, 1889 were available to those who had claim to lands o have their possession recorded in the Registry of Deeds. Under Article 393 of the Spanish Mortgage Law, the registered possessory information proceedings do not ripen into ownership except under certain conditions such as: (a) that an applicant has been in open possession of the land; (b) that an application to this effect has been filed after the expiration of twenty (20) years jrom the date of such registration; (o) that such conversion be announced by means of a proclamation in a proper official bulletin; (d) that there is a court order for the conversion of the registration of possession into a record of ownership; and (e) that the Register of Deeds make the proper record thereof in the Registry But such recorded possessory information proceedings did not ripen into ownership except under certain conditions, the most important of which was the expiration of 20 years after the entry or record in the Registry of Deeds of the possessory information proceedings. And under Article 394 of the Mortgage Law, the entry or record of possession in the Registry of Deeds did not prejudice the Page 7 of 72 owners of the property although his title had not been recorded, unless prescription had confirmed and secured the claim recorded. 3. Spanish Mortgage Law ¥ Introduced by the Spanish, also known as the Ley Hipotecaria or “law on mortgage” Y This is a land registration system, meaning it is not limited to registration of mortgages but also includes transfers and other dealings on lands. Y This is the predecessor of the torrens system of land registration. This system was founded on titles issued during the Spanish regime that were registered under the morigage law. Y The latest version of this law was implemented in the Philippines in 1894 as part of the three “provincias de ultramar’ with a uniform mortgage law for them—the Ley Hipotecaria de Uttramar, also known as Ley Maura, after Don Antonio Maura y Montaner, then Ministro de Uitramar. Y The system co-existed with the Torrens System of Land Registration Act No, 926 (An Act to Provide with the Adjudication and Registration of Lands in the Philippines, 1902). Y It was discontinued in 1977 (PD No. 892, Discontinuance of the Spanish Mortgage System of Land Registration and of the Use of Spanish Titles as Evidence in Land Registration Proceedings) ©. American Period 1. Treaty of Paris of 1898 Between the U.S. and Spain Y All properties of the Spanish crown were transferred to the United States What can a holder of a land title registered under the Spanish ‘Mortgage do during the American era? ¥ It excludes private lands or lands that were already given by the Spanish Crown in favor to private persons ¥ Two types of land ownership - Lands of the public domain (all lands that belongs to the Spanish Crown) and private tands, 2, Philippine Bill of 1902 (First Constitution) A holder of a Spanish Title registered under the Spanish Mortgage Law may Continue to use the system in his land delings or he may have the land registered anew under Act No, 496 uncer | the Torrens System. if he opted for Act No, 496, he has to file a land registration ‘case with the land registration court. ¥ Provides for the rules on disposition of lands of the public domain. ¥_ Introduction of two modes of acquiring titles to land. ¥ Public land grants - homestead, sales, free patents; Page 8 ot 72 Y Confirmation of Titles - imperfect titles from the Spanish and title by prescriptions (by operations of law) ¥_ Resulted to the enactment of 2 laws @. Act No, 496 (Land Registration Law) Provided for the registration of private lands in ‘fee simple* (Section 19) or those lands that are already disposed by the crown as private lands, completed tile. b. Act No. 926 (Public Land Act) Provided for the rules on disposition of public lands (undisposed crown lands) through sales, homestead, and free patent; provides for the rules on confirmation of imperfect spanish grants and possessory titles (by prescription) CASES: 1) Johnson vs Mackintosh 2) Chaves vs. The United States (175 U.S., 552) 3) Valenton vs Marciano 3 Phil. Reports 537, 2 Off. Gaz. 434, March 30, 1904; 4) Cansino us Valdez, G.R. No. 12468, July 16, 1906 9) Cariio vs Insular Government, 212 U. S, 449 6) Jones vs, Insular Government, G.R, No. L-2506 April 16, 1906, 6 Phil.122 7) Susi vs. Razon and Director of Lands, G.R. No. L-24066, December 9, 1925 8) Mapa vs. Insular Government, G.R. No. L-3793, February 19, 1908, 10 Phit,1753. 9) Comelio Ramos us. Director of Lands, (G.R. No. 13298 November 19, 1918) 10)Gouernment of the Philippine Islands vs. Abella, G.R. No. L-25010 October ‘27, 1926, (49 Phil. 49) 11) Joeson us Director of Forestry 12) Oh Cho vs Director of Lands, 75 Phil. 890 13)Uy Un vs. Perez, 71 Phil. 508 “En Espanol” 14)Mindanao vs. Director of Lands, L-19535, July 10, 1967 Page 9 of72 I. Land Classification A. Definition Land classification pertains to “classification of lands of the public domain as a natural resources” . Under Philippines laws, ail natural resources are owned by the State. However, lands classified as agricultural may be declared alienable and disposable and may be disposed as private lands to qualified citizens through homestead, sales and other grants. B. Laws Relating to Land Classification 1987 Constitution Article XII, Sections 2 and 3 providers for the classes of lands of the public domain - Agricultural, Forest, Mineral and National Park. These lands are governed by the following laws: Page 100172 L.Agricultural Lands - Commonwealth Act No. 141 (Public Land Act) 2. Forest Lands - Presidential Decree No. 795 (Revised Forestry Code) 3. Mineral Lands - Republic Act No. 7931 (Mining Act of 1995) 4. National Parks - Republic Act No. 7598 (National Integrated Protected Area ‘System Act) . Rules on Land Classification 1. Classification describes the Executive Order No. 192 (June 10, 1987) created the National Mapping and Resource Information Authority (NAMRIA), integrating into it the functions and powers of the Natural Resources and Management Genter (NRMC), the National Cartography Authority (NCA), the Bureau of Coast ‘and, Geodetic Survey (BCGS), and the Land Classification Teams of the then Bureau of Forest Development (transformed into a Forest Management Bureau performing staff functions). legal nature not the natural state of the land 2, Executive Department determines land classification (CA No. 141 and PD No. 705) 3. Congress has the power to reclassify of land (Section 4 of Republic Act No. 6657) 4, Congress will determine the final forest line 5. Disposition of public lands limited to agricultural lands; Y Only to Filipino citizens; corporations cannot receive a public land grant except by way of lease (not more than 1,000 hectares) ¥ Limit is 12 hectares by way of homestead, sales and grants Y Previously 16 hectares (Phil Bill of 1902); 24 hectares in 1935 Constitution; 12 hectares under the 1987 Constitution Classification of Lands 1, Criteria in Land Classification ¥ Chapter Il of PD No. 705 Y DENR study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain, ¥ Through an Inter-Bureau action - DENR Sectoral Bureaus on Lands (LMB), Forestry (FMB), Mines (MGB) and Protected area (PAWB) ¥ The Land Classification Teams of the forest bureau was transferred to NAMRIA under EO No. 192 in 1987. Page 11 of72 ¥ Topography 18% in slope unless covered by existing titles or approved public land application or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty years (30) ¥ Areas below 18% but are needed for forest purposes (see enumeration in Section 16 of PD No. 1529 Marking of forest boundaries 2. Lands of the Public Domain Used to describe so much of the lands in the Philippines that has not been subjected to private rights. Public lands are also used in a limited sense to describe such lands as are subject to sale or other modes of acquisition or concession under the public land laws. 1987 CONSTITUTION, ARTICLE XII, SECTION 3. ¥ Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks, Y Agricultural lands of the public domain may be further classified by taw according to the uses which they may be devoted. Y Alienable lands of the public domain shall be limited to agricultural lands, ¥ Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Y Citizens of the Philippines may tease not more than five hundred hectares, or acquire not more than twelve (12) hectares thereof by purchase, homestead, or grant, 3, Agricultural lands. ¥ Alienable and disposable tands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. Y Suitability for agricultural use is the criteria; Y Before, the court can make a determination of what are considered as agricultural tands; ¥ Agricultural Lands are further sub classified as residential, commercial, industrial, etc. under Section 9 of the Public Land Act. 4. Forest Land Definition of Forest Land - Forest lands inchide the public forest, the permanent forest or forest reserves, and forest reservations, (a) Public Forest - Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for Page 120172 the determination of which lands are needed for forest purposes and which are not, () Permanent Forest or Forest Reserves - Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes, (¢] Forest Reservations - Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific Purpose or purposes, (d) Production Forest - forest stands tended primarily for the production of timber. This includes natural and man-made forests. 5. Mineral Lands (a) Definition of Minerals - Minerals, for legal purposes, refers to all naturally occurring inorganic substarce in solid, gas, liquid or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy. (b) Definition of Mineral Lands under the old Mining Act (CA No. 137) - those lands in which minerals exist in sufficient quantity or quality to justify the Necessary expenditures to be incurred in extracting and utilizing such minerals (6) Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA No. 7932) - any area where mineral resources are found (@)In relation to land titles - A certificate of title is considered void when it covers property of public domain classified as mineral lands because possession of mineral lands, no matter how long does not confer possessory rights. 6. National Parks ¥ New Class - It was introduced onty in the 1987 Constitution as a distinct and separate class of lands, National parks as a classification is implemented under Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment and Management of National Integrated Protected “Areas System, Defining its Scope and Coverage for other Purposes) ¥ Definition - a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. It is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for Page 13 01 72 scientific, educational and recreational use. (Section 4 par. (a) of RA No. 7586) cases: Agencies Involved 15) DOJ Opinion No. 23, Series of 1998. 16) DENR vs Yap (GR. No. 167707, October 08, 2008) Agricultural Land 17) de Aldecoa us Insular Government (G.R. No. 3894. March 12, 1909) 18) Krivenko us. Register of Deeds of Manila (18 G.R, No. L-630. November 15, 1947) Mineral Lands 19) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929) 20)Republic us. Court of Appeals and dela Rosa (GR No. 1-43938, April 15, 1988) Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.” 21)Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000) Survey Error 22)Republic vs. Peralta, et al, En Bane (G.R. No, 150327, June 18, 2003) Lands declared by the courts as agricultural lands prior to the introduction of land classification; 23) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792) 24) Director of Forestry us. Villareal (G.R. No. L-32266 February 27, 1989) Lands already registered by the Court as Private Lands 25)Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) Bureaucratic Constraints in Classification of Lands 26)Republic of the Philippines us. Court of Appeals, En Banc (G.R. No. 127245, January 30, 2001) Page 14 01 72 IV. Identifying Lands - Survey and Mapping A. Basic Concepts in Land Surveys and Mapping ‘The first activity in lane administration is surveying and mapping. The activity is intended to create land parcels. Land parcels are the basic unit of real property and the starting point in the determination of the identity of the land by describing its location, boundaries, area, physical description, and in certain kind of surveys, the tenure claims existing at the time of the survey. 1. Land Survey Land surveying is the process of measuring and delineating the natural and artificial features of the earth. The surveyor’s observations, measurements and computations are usually reduced into maps that are drawn from the survey data gathered. Maps are visual representations or descriptions of the land; measured and delineated with a certain degree of precision and show the relationships between physical elements of that space Page 18 0172 through symbols (Cadastral Survey and Records of Rights, Binns 1951) FAO Land Tenure Studies) 2. Survey Maps A well

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