A.

HISTORY

1880 - SPANISH REGIME

1. Laws of Indies and Royal Cedulas

- all lands that were not acquired from the Government, either by purchase or by grant, belong to the
public domain

2. 1893 Ley Hipotecaria or the Spanish Mortgage Law

- provided for the systematic registration of titles and deeds as well as possessory claims

3. 1894 Maura Law or Royal Decree

- established possessory information as method of legalizing possession of vacant crown land under
certain conditions
- only agricultural lands

4. 1898 - Treaty of Paris

1902 - AMERICAN REGIME

1. 1902 - PHILIPPINE BILL OF 1902

- first Bill regarding lands: by a grant from state by deeds
1. agricultural
2. timberland
3. mineral

2. November 6, 1902 - (ACT NO. 496) LAND REGISTRATION ACT was approved
- established the TORRENS SYSTEM OF REGISTRATION
- created the COURT OF LAND REGISTRATION

Purpose: bring land titles in the Ph under one comprehensive and harmonious system:
1. indefeasible
2. absolute
3. imprescriptible

- provided for an ASSURANCE FUND: to pay for the loss or damage sustained by any person who,
without negligence on his part, is wrongfully deprived of any land or interest therein on account of
bringing the same under Torrens System of Registration.

- verbatim copy of Massachusetts Land Registration Act of 1898

PUBLIC LAND - title belongs to the State

- may or may not be disposed

PATRIMONIAL LAND - owned by the State in its private capacity

- cannot be disposed

FRIAR LAND - private lands owned by Spaniards given to the Church

3. February 1, 1903 - (ACT NO. 496) LAND REGISTRATION ACT became effective
4. October 7, 1903 - (ACT NO. 926) FIRST PUBLIC LAND ACT
- all can purchase
- what:
homesteading
selling
leasing of public lands
- how:
sale
purchase
lease
- jurisdiction: CFI

OCENPO - agricultural land before 1904, 10 years will qualify

CORPORATION - purchase and lease

5. February 11, 1913 - (ACT NO. 2259) CADASTRAL ACT

- the President, for reasons of public interest, order the Director of Lands to:
- make survey with notice to all persons claiming an interest
- institute registration proceeding by filing petition against claimants
- publication of petition
- due process in hearing
- issuance of Certificate of Title

6. July 1, 1914 - (ACT No. 2347)

- jurisdiction went back to CFI
- General Land Registration Office ----> Registry of Deeds

7. November 29, 1919 - (ACT NO. 2874) SECOND PUBLIC LAND ACT
- passed under the JONES LAW
- Corporations owned by Filipino and American can purchase land
as well as other countries where Filipinos are granted the same privileges

How:
purchase
sale
lease

8. 1935 CONSTITUTION (ART. XIII, SEC. 1)

- Conservation and Utilization of natural Resources

 Natural Resources, with exception of public agricultural land shall not be alienated, and no
license, concession or lease for the exploitation, development, or utilization of any of the natural
resources shall be granted...

9. December 1, 1936 - (CA NO. 141) PUBLIC LAND ACT

- applies to lands of the public domain which have been declared:
1. open to disposition or concession
2. officially delimited and classified
- classification of lands were added
 - What and How:
1. Homestead
2. Sale
3. Free Patent
4. Purchase
5. Reservations +

10. June 17, 1954 - RA 1151

- abolished General Land Registration Office (GLRO)
- created Land Registration Commission (LRC) as attached agency of DOJ (EO No. 30, 2011)
- created Register of Deeds in all cities and provinces of the Philippines

11. 1973 CONSTITUTION (ART. XIV, SECTIONS:

8 - Land of Public Domain

9 - Disposition
10 - Classification
11 - Ownership of Private Corporation

12. February 16, 1976 - PD 892

- discontinued system of Registration of Spanish Titles
- registration under Act No. 496 within six (6) months

13. June 11, 1978 - (PD 1529) PROPERTY REGISTRATION DECREE

- codified various laws of Property Registration

14. February 1, 1981 - EO NO. 469

- creation of the National Land Title and Deeds Registration Administration
- in charge in the implementation of PD 1529

15. 1987 CONSTITUTION (ART. XII, SEC. 2)

- National Economy and Patrimony
- Principle of STATE OWNERSHIP - REGALIAN DOCTRINE

16. September 30, 1988 - Memorandum Circular

- abolished the NLTDRA
- created the Land Registration Authority (LRA)
- existing records of title

17. November 3, 1988 - (EO 292) ADMINISTRATIVE CODE OF THE PHILIPPINES

- LRC becomes LRA

B. NATURE OF APPLICATION: Judicial Proceeding

C. JURISDICTION:

1. RTC
2. MTCs, MeTCs, MTCCs, MCTCs
- delegated jurisdiction in cadastral and land registration proceedings
- land not subject of controversy
 - not exceed 100k if land subject of controversy

 RTC - no more distinction to general and limited jurisdiction (Sec. 2 PD 1529, Lozada v. Bracewell)

before limited: only to accept registration merely acting as a land

registration or cadastral court

now general: authority to act not only on applications for original registration but also
over petitions for original registration of title, with power to hear and determine all
questions arising upon such applications or petitions.

 How to acquire jurisdiction?

- IN REM proceeding/jurisdiction: it means binding against the whole world (against the state
and the whole world)
1. publication
2. notice
3. mailing

vs. IN PERSONAM

 How to determine jurisdiction?

- based on the allegations in the complaint

D. CERTIFICATE OF TITLE
- cannot be collaterally attacked
- cannot be altered, modified or cancelled
- absolute except:
1. there is fraud
2. petition for review

E. PURPOSE OF REGISTRATION:

1. to quiet title - remove cloud or any other claims

2. do away with possible conflicts

F. LAND REGISTRATION COMMISSION becomes LAND REGISTRATION AUTHORITY (Sec. 28 EO 292)

- under executive supervision of the DOJ

I. Officials and Employees: (LRC)

 Commissioner - Chief
 Deputy Commissioner - Assistant Chief
- appointed by the President and consent of Commission on Appointments
- recommended by Secretary of Justice
- Qualification: Duly qualified member of the Bar with at least 10 years of
practice in legal profession

II. Officials and Employees: (LRA) Pangasiwaan sa Patalaan ng Lupain

 Administrator - Head
 - same rank, compensation and privileges of RTC Judges
- function is plainly executive and subject to President's power of supervision & control
 2 Deputy Administrator
- appointed by the President
- recommended by Secretary of Justice
 Other Officials (except Register of Deeds) - appointed by Sec. of Justice recommended by the
Administrator

III. Functions

 Central repository of records relative to original registration of lands titled under Torrens System,
including subdivision and consolidation plans of titled lands
 Duty to issue a decree of registration is purely ministerial

 GR: cannot deny registration

 Except: Fraud
* Inform court that the land to be registered is doubtful

IV. Effect of Registration

 Registration in the public registry is a notice to the whole world.

 The act of registration shall be operative act to convey or affect the land insofar as third persons
are concerned.

o Proper Registry:
- in the Office of the Register of Deeds for the province or city where the property is located
 Mortgage
 Lien If registered, be constructive notice to all persons
 Lease from time of registering, filing or entering
 Notice of lis pendens

G. REGALIAN DOCTRINE – PRESUMPTION

I. Principle of JURA REGALIA

1. All rights possessed by the King (royal rights)
2. All lands of not appearing to be under private ownership belongs to the State

II. PUBLIC DOMAIN – ART. XII, Sec. 2

3. Owned by the State for public purposes
4. Public ownership in general

Sec. 3 Revised Forestry Code

H. CLASSIFICATION OF LANDS
 I. PRIMARY CLASSIFICATION under 1987 Constitution
1. Agricultural – only capable of being privately owned if declared A & D
2. Forest/Timber
3. Mineral
4. National Park

II. SECONDARY CLASSIFICATION under Public Land Act

1. Agricultural
2. Residential, Industrial, Commercial
3. Educational, Charitable
4. Reservations

III. STATUTORY REQUIREMENTS: (TO BE A REGISTRABLE LAND)

1. Delimitation
Classification
Survey

5. Setting aside, determining metes and bounds

*Survey – not requirement, only for setting metes and bounds
- can declare A&D even without survey

2. A & D

Burden of Proof: the one who alleges

Evidence: Incontrovertible
Concept of an owner: possession can ripen into an ownership
How:
a) Positive act of the Government
i. Presidential Proclamation
ii. Executive Order
iii. Administrative Action
iv. Investigation Reports of Bureau of Lands
v. Legislative Act or Statute
b) Certifications from CENRO and PENRO
 Copy of original classification Certified and Approved by the DENR Secretary
 Certified true copy by legal custodian of records
 E.g. RA 923
 Republic v. Vega – approved only thru certificate of CENRO

3. Not Reserved for Public/ Quasi Public use

 President or Secretary of DENR – has the power to declare land A&D

 President / Secretary of DENR – has the power to declare reservation

o Reservations example:
a) IPRA/Tribes
b) Parks
c) Military and Naval
 4. Published (by Secretary of DENR) Sec. 4 of CA 141

 Barangay Hall
 Municipal/City Hall
 Capitol
 Newspaper of General Circulation where property is located

1935
1. Agricultural
2. Mineral
3. Forest/Timber

1973
1. Agricultural
2. Residential, Industrial, Commercial
3. Resettlement
4. Mineral
5. Forest/timber
6. Grazing land

I. LANDS CAPABLE OF REGISTRATION:

Sec. 14 of PD 1529 - WHO may apply for Registration?

I. Those who by themselves or their predecessors-in-interest have been in an open, continuous,

exclusive, notorious possession and occupation of alienable and disposable land of public
domain, under a bonafide claim of ownership since June 12, 1945 or earlier

 A&D - at the time of application for registration is filed

 Since June 12, 1945 or earlier - under bonafide claim of ownership (period of possession
and occupation)

II. Those who acquired ownership of private lands by prescription under existing laws

III. Those who have acquired ownership of private lands or abandoned river bids by right of
accession or accretion under existing laws

IV. Those who have acquired ownership of land in any other manner provided for by law

1) Open for Disposition

2) Declared A&D but not yet disposed

J. NOT CAPABLE OF REGISTRATION:

K. 1987 CONSTITUTION ART. XII SEC. 7

Section 7 - Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public
domain.
QUESTION: Can all natural persons acquire lands?
ANSWER: NO

o Considerations:

1) Citizenship
2) Age
3) Allowable land area

I. CITIZENSHIP (Krivenko case)

 Rationale: preservation of Filipino property

 Yap v. Maravilla March 28, 1983
 Section 8 ART. XII
- Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen
of the Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.

o GR: Only natural born or naturalized Filipino

o Except:
1. Foreigners naturalized who lost citizenship thru hereditary succession
- Only in INTESTATE
2. Foreign Sovereign
- Can buy, acquire, maintain thru Diplomatic reasons
- Vienna Convention (legal basis)
- “Pacta sunt servanda”
3. Interest in condominium units
- RA 4726 Sec. 5
- Foreigners are allowed to purchase condominium units
- Because they are only members, Corporations own them
- 60% Filipino owned

o JURIDICAL PERSONS – they can own private lands only

1. Corporations
2. Banks
3. Partnerships
4. Associations
5. Corporation Sole
- not owner of properties but mere administrator and holds the same in trust.
Properties acquired by the incumbent pass upon his death, not to his heirs but to his
successor in office.

 Capacity to own land is at the time of the acquisition

o When a Filipino owns a land and he subsequently become naturalized alien and comes
back to the Philippines: can still register said land (Muller v. Muller)

II. AGE
 o GR: 18 years old – age of majority
o Except:
1. Succession – it’s automatic
2. Implied Trust – Art. 48 CC

 Sec. 22 of PLA – not legal age but head of the family (based on research only)

III. ALLOWABLE LAND AREA

 1987 Constitution
 PLA
- Not more than 12 hectares by virtue of homestead / grant

o Residential -
o Urban - 1,000 sqm
o Rural - 1 hectare