NAME/ D.

1973 Constitution
PERIOD REFERENCE 1. Agricultural Land
LEGISLATURE
TO STATUTE 2. Industrial or Commercial Land
3. Residential Land
Philippine 4. Resettlement Land
Commission, 5. Mineral Land
Philippine 6. Timber or Forest Land
1900 - 1935 Acts 7. Grazing Land
Assembly,
Philippine
Legislative E. 1987 Constitution
1. Agricultural Land
National 2. Forest or Timber Land
Commonwealth
1935 - 1941 Assembly, Acts 3. Mineral Land
Congress 4. National Park
1946 - 1972 Congress Republic Acts
Can the courts classify land?
President as Presidential - No. The classification of public lands is an
1972 - 1986 executive prerogative.
Legislator Decrees
Batasan Batas Ownership of Unclassified Lands
1978 - 1986
Pambansa Pambansa The State owns the unclassified land
pursuant to the Regalian Doctrine.
President as
Legislator as Executive
1986 - 1987 The State is the source of any asserted
per Freedom Orders
right to ownership in land, and is in charge with
Commission
its conservation.
1987 -
Congress Republic Acts
Present
Regalian Doctrine is not absolute.
In Cruz vs Secretary of Environment and
Natural Resources (GR No. 135385, December
Classification of Lands in the Philippines 6, 2000): the Regalian Doctrine does not negate
1. Under the Regalian Doctrine native titles or ownership of lands by Filipinos by
2. Under the 1935 Constitution virtue of possession under a claim of ownership
3. Under the Public Land Act since time immemorial.
4. Under the 1973 Constitution
5. Under the 1987 Constitution Hence, the Indigenous Peoples Rights
Act (RA8371) was declared constitutional.
A. Regalian Doctrine Systems of Land Registrations in the
1. Public Dominion Philippines
a. Intended for public use 1. The Cadastral Act (Act No. 2259; February
b. Belongs to the State, without being for public 11, 1913)
use, and is intended for some public service 2. Public Land Act (CA 141)
or fro the development of national wealth 3. Property Registration Decree (PD 1529; June
2. Patrimonial Property 11, 1978)
3. Private Ownership
Is registration a mode of acquiring ownership
B. 1935 Constitution of land?
1. Agricultural Land - No. It merely confirms that the person whose
2. Timber Land name appears as the owner of the land is
3. Mineral Land indeed the true owner.
- Registration merely confirms ownership, with
C. Public Land Act (CA 141; November 7, 1936) notice to the whole world.
1. Alienable and Disposable Land
a. Agricultural Modes to Acquire Ownership
b. Residential, commercial, industrial, and other 1. Occupation
similar purposes 2. Intellectual Creation
c. Educational, charitable, and other similar 3. Prescription
purposes 4. Law
d. Reservations for town sites, and for quasi - - Donation
public uses - Succession
2. Timber Land - In consequence of certain contract, by
3. Mineral Land tradition
*The president can classify or reclassify.

Is Dacion En Pago a mode to acquire
ownership?
- Yes. A special form of payment whereby there
is the transmission of the ownership of a thing
by the debtor to the creditor as an accepted
equivalent of the performance of an obligation.
Does it mean that once a land is registered
under the Torrens System, the title can no
longer be attacked or questioned?
- If the title is void, then it could be questioned.
- However, in order to do it, the same must be
through a direct attack against the title, not a
collateral attack.
- Also, there is always a reservation made by
law on the titles.
Torrens System of Registration
A system of registration the principal
purpose of which is to decree land titles to be
final, irrevocable, indisputable, and
incontestable.
The decree of registration binds the land,
and shall be conclusive against all persons,
including the government.
Registration Under Act 3344
It is only intended for the temporary
protection of the rights of the parties after the
abolition of the Spanish Mortgage Law, and until
the land is brought into the Torrens System of
Registration.
Kinds of Registration
1. Original
a. Ordinary
b. Cadastral
2. Subsequent
Who may apply for registration of lands?
1. In open, continuous, exclusive and notorious
possession and occupation (by themselves
or thru predecessors-in-interest) of alienable
and disposable lands of public domain under
bona fide claims of ownership since June 12,
1945 or earlier;
2. Acquired ownership of PRIVATE lands by
prescription;
3. Acquired ownership of PRIVATE lands or
ABANDONED river beds by accession or
accretion; and
4. Acquired ownership of land in any other
manner.
When can a land owned by the State be
acquired by prescription?
- When it is declared to be a Patrimonial
Property.
Acquisitive Prescription
1. Possession in Good Faith (10 years)
2. Possession in Bad Faith (30 years)
Acts not constituting interruptions to possessions
for purposes of prescription:
1. Notice of Adverse Claim
2. Administrative Cases
3. Obtaining Tax Declarations
4. Obtaining Torrens Title
Interruptions to possessions for purposes of
prescription when:
1. Case filed in court; and
2. Corresponding summons are issued
Kinds of Accession
1. Alluvium
2. Avulsion
3. Change of Course of Rivers
4. Formation of Islands
To whom shall Accession belong?
- Riparian Owner
Justifications why Accession is accorded to the
Riparian Owner:
1. To compensate him for the loss he may
suffer;
2. To compensate him because the property is
subject to encumbrances and legal
easements;
3. The interests of agriculture require that the
soil be given to the person who is in the best
position to cultivate the same;
4. Since after all, it cannot be said with certainty
from whom the soil came.
Is there an automatic registration of the
accession?
- No. The land acquired by accession must be
registered under the Torrens System.
Other acquisitions of ownership provided for by
law:
1. Occupation
2. Intellectual Creation
3. Prescription
4. Law
- Donation
- Succession
- In consequence of certain contract, by
tradition
5. Power of Eminent Domain
6. Executive Act
7. Statute
Registration of lands owned in common:
- All co-owners must jointly apply.
Acquisition of land by private corporation:
- If it is an alienable land of public domain, it
cannot - because the Constitution restricts
holdings to just a lease for 25 years
(renewable for same years).
- But if it is a private land, then it can.
Acquisition of land by corporation sole:
- In Republic vs IAC & Roman Catholic of
Lucena, it was held that a corporation sole is
not to be treated as an ordinary corporation.
The New Residential Free Patent Act
(RA No. 10023)
1. Reduces the period of eligibility for titling
from 30 years to 10 years.
2. Any Filipino who has paid all the real estate
taxes for 10 years shall be entitled to free
patent to such parcel of land in all
municipalities and cities.
3. The land should not exceed 200 square
meters if it is in a highly urbanized city, 500
square meters in other cities, 750 square
meters in first-class, and second class
municipalities, and 1000 square meters in
third class municipalities.
4. Allows the issuance of free patents without
payment of outstanding real estate taxes.
5. Allows the removal of restrictions after
issuance of free patents.
6. The land must be declared residential.

Where to apply? - DENR - CENRO

Qualifications for An Applicant:

1. Filipino Citizen; and
2. In actual occupation, actual residence and
continuous possession and occupation of the
parcel of subject to the application, either by
herself or himself or through his or her
predecessor-in-interest, under a bona fide
claim of acquisition of ownership, for at least
10 years prior to the filing of the application.

There shall be no age requirement for applicants

as long as minor applicants, aged below 18
years old, are duly represented by their legal
guardians.

The heirs of a deceased applicant may substitute

the applicant provided that they themselves
possess the required qualifications. There shall
likewise be no limit as to the number of
applications which may be filed under RA 10023,
provided that the limitations as to the size of the
parcel of land shall not be exceeded.

No application shall be approved / granted for

any individual whose total landholding would
exceed a total of an accumulated 12 hectares,
including agricultural lands.