Izelle Felice M.

Fuentes | EH- 302

LAND TITLES AND DEEDS

Land Titling Through Judicial Process

Land titles are the evidence of an owner’s right or extent of interest, by which he can
maintain control and as a rule assert right to the exclusive possession and enjoyment of
property. To acquire such title, original registration or registration of title must take place
wherein the title to the land is made of public record for the first time in the name of its
lawful owner. As to its nature, it may be classified into: judicial or administrative.

The process of judicial confirmation of title and original registration is outlined in Section
48(b) of the Public Land Act (CA 141), as amended by PD 1073 and Sec. 14 of the
Property Registration Decree (PD 1529), respectively.

In my own opinion, it is not quite “easy” to have your land titled since it entails strict
compliance of requirements to which the law specifically provides as mentioned above.
Compliance with the possession for the nature and length of time required gives rise to
not just an entitlement to a grant, but a grant from the Government without the necessity
of the issuance of a title.1

The laws governing land registration has evolved through time and it has made the
process easier yet it always falls on an applicant’s burden of establishing proof of
substantial compliance with the requirements which determines its approval.

1
Susi v. Razon, GR 24066, Dec. 9, 1925
 Izelle Felice M. Fuentes | EH- 302
LAND TITLES AND DEEDS

Amendment of Sec. 14, PD 1529

Section 14 - Who may apply

The following persons may file in the proper Court of First Instance an application for
registration of title to land, whether personally or through their duly authorized
representatives:

(1) Those who by themselves or through their predecessors-in-interest have

been in open, continuous, 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, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under
the provision of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion under the existing laws.

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

One of the most striking details that would stand out in a perusal of Sec. 14, PD 1529
would be the date June 12, 1945. This date is the reckoning date of the applicant's
possession and occupation, and not the reckoning date of when the property was
classified as alienable and disposable. In 1977, Section 48(b) of the Public Land Act
was amended by P.D. No. 1073, which pegged the reckoning date at June 12, 1945
and concordant with Sec. 14, PD 1529.2

2
Rep. vs. CA and Naguit, G.R. No.144057, Jan. 17, 2005
 Izelle Felice M. Fuentes | EH- 302
LAND TITLES AND DEEDS

In Heirs of Malabanan v. Republic3:

“The choice of June 12, 1945 as the reckoning point of the requisite possession and
occupation was the sole prerogative of Congress, the determination of which should
best be left to the wisdom of the lawmakers. Except that said date qualified the period of
possession and occupation, no other legislative intent appears to be associated with the
fixing of the date of June 12, 1945.”

In the case of Republic v. Herbieto4, Supreme Court ruled that the respondents were
not able to prove their continuous ownership of the land since June 12, 1945 or earlier,
because said lands were only classified as alienable and disposable only on June 25,
1963. There is a number of jurisprudence which Supreme Court denied applications of
original registration due to the fact that the applicants failed to present sufficient
evidence to establish that they and their predecessors-in-interest had been in
possession of the land since June 12, 1945.

While it is an acknowledged policy of the State to promote the distribution of alienable

public lands to spur economic growth and in line with the ideal of social justice, the law
imposes stringent safeguards upon the grant of such resources lest they fall into the
wrong hands to the prejudice of the national patrimony5.

However, there is a difference of almost 75 years between our present date and the
reckoning date of possession required under Sec. 14, PD 1529 and Sec. 48 (b) of the
Public Land Act. Thus, the date should be amended to at least 50 years to make the
process “easier” for the applicants.

3
Malabanan vs. Republic, G. R. No. 179987, September 3, 2013
4
Republic vs. Herbieto, G.R. No. 156117, May 26,2005
5
Republic vs. Bacas, G.R. No. 182913, Nov. 20, 2013