Chapter 1 Introduction LTD V2018 PDF

CHAPTER 1
INTRODUCTION TO LAND OWNERSHIP AND

REGISTRATION
History of Land Ownership in the Philippines
Pre-Malay period – Filipinos were not staying in one particular place when
their occupation was still hunting.
Malay Period – started to settle in one place when they discovered farming
- was the beginning of the formation of villages but land
ownership was not a problem because of the vast expanse for a few people to
occupy.
1521 - Magellan discovered the Philippines
1543 - Another Spanish expedition led by Ruy Lopez de Villalobos
1565- Another Spanish expedition led by Miguel Lopez de Legaspi
(start of conquest of the Philippines)
1571 – Miguel Lopez de Legaspi defeated the local Muslim ruler, Legazpi
established a capital at Manila.
The Spanish city of Manila on the site of a Moro town he had conquered the year before, the Spanish
grip in the Philippines was secure which became their outpost in the East Indies, in spite of the
opposition of the Portuguese, who desired to maintain their monopoly on East Asian trade. The
Philippines was administered as a province of New Spain (Mexico) until Mexican independence
(1821).
1640s - Spain signed peace treaties with the strongest sultanates, Sulu and Maguindanao,
recognising their de facto independence.
1704 - Sultan of Sulu became sovereign ruler of most of North Borneo by virtue of a cession
from the Sultan of Brunei whom he had helped in suppressing a rebellion.
September 23, 1836 - Treaty of Peace and Commerce between Spain and Sulu. Granting
Spanish protection of sultanate, mutual defense, and safe passage for Spanish and
Joloan ships between ports of Manila, Zamboanga, and Jolo.
April 30, 1851 - Treaty signed with Spain by the Sultan of Sulu, Mohammed Pulalun.
The Sultanate of Sulu was incorporated into the Spanish Monarchy.
January 22, 1878 - Sir Alfred Dent obtains sovereign control over the northern part of Borneo
for P5,300 ringgit ($5,000) from the Sultans of Brunei and Sulu.
Consequently, Philippine lands, whether agricultural, mineral or forest became

at least technically speaking, the exclusive patrimony and dominion of the
Spanish Crown.
(cited in Chavez vs. PEA, G.R. No. 133250, July 2, 2002: The Recopilacion de Leyes de las
Indias)
Consequence of Spanish Ownership
Private ownership in land can only be founded on “ROYAL CONCESSIONS”

(Cited in the case of Sps. Ignacio Palomo et al. vs. Court of Appeals, G.R. No. 95608, January 21, 1997)
REGALIAN DOCTRINE
The Regalian Doctrine means that all lands belong to the state.
In Republic vs. Munoz

Under the Regalian Doctrine embodied in our Constitution, all lands of the
public domain belong to the State, all lands of the public domain belong to the
State, which is the source of any asserted right to ownership of land.
Therefore, all lands not appearing to be clearly within the private ownership are
presumed to belong to the State.
Accordingly, public lands not shown to have been reclassified or released as

alienable land or alienated to a private person by the State remain part of the
alienable public domain.
REGALIAN DOCTRINE
Exceptions to the Doctrine

1. Properties of the church or ecclesiastical properties.
2. Lands that have been in the possession of the claimant
or his predecessor-in-interest since time immemorial or
lands covered by the Indigenous Peoples Right Act of
1997 (R.A. No.8371)
Forms of Royal Concessions
Titulo Real (Royal Grant) Title granted to Spanish subjects in order to
encourage them to settle and go out to the people of
the new territory.
Concession Especial (Special Grant) Is accomplished thru the exercise of a special power
by the Governor General of the Philippines without
authority of a special law.
Composicion con el estado (Adjustment Title) Applicant to be entitled to such an adjustment must
possess the land sought to be acquired for a number
of years.
Titulo de Compra (Title by Purchase) This is acquired in accordance with the regulations for
the sale of public lands in the Philippines approved by
the Royal Decree.
Informacion posesoria (Possessory Title) Acquired under Spanish Mortgage Law or under the
Royal Decree of Feb. 13, 1894 or Maura Law.
TITULO DE
COMPRA
TITULO REAL
INFORMACION POSESORIA
July 22, 1878 - Sultan of Sulu declared sovereignty of Spain over the Archipelago of Sulu and
its dependencies while granting free exercise of religion and customs for his people.
December 2, 1878 - Dent and Overbook applied for a Charter of Incorporation from Queen
Victoria and November 1, 1881 Queen Victoria grants charter of incorporation to the British
North Borneo Company.
September 17, 1888 - British Protectorate established over Brunei.
1894 - Spain issued Royal Decree of 1894 or the Maura Law. It requires registration of all
agricultural lands; otherwise the lands will revert to the state.
December 10, 1898 - Treaty of Paris. Spain Cedes the Philippine Islands to the United
States of America. The treaty lines did not include North Borneo.
August 20, 1899 - Kiram-Bates Treaty. Treaty acknowledged the “sovereignty of the United
States over solo and its dependence.
its decencies while granting free exercise of religion and customs for his people.
its decencies while granting free exercise of religion and customs for his people.
1902 November 6 - Philippine Legislature (Philippine Commission), under
the authority of the United States, enacted ACT NO. 496 - Land
Registration Act
> Established the TORRENS SYSTEM in the Philippines
> Established the Land Registration Court
> Bring land TITLES in the Philippines under one comprehensive

and harmonious system.
> It doesn’t create title nor vests title but confirms a title already
vested, rendering it indefeasible.
Use of Spanish Titles as Evidence in Registration
Proceedings Under the Torrens System No Longer
Allowed
PD No. 892 which took effect on 16 February 1976 -
The system of registration under the Spanish Mortgage Law was

discontinued and all lands which were not recorded under that system
and were not yet covered by the Torrens Title were to be considered
unregistered lands.
Furthermore, “All holders of Spanish Titles or grants should apply for

registration of their lands under Act No. 496, otherwise known as the
Land Registration Act, within six (6) months from the effectivity of this
decree. Thereafter, Spanish Titles cannot be used as evidence of land
ownership in any registration proceeding under the Torrens System.”
(Act. No. 496 was enacted on November 6, 1902)

1913 February 11 - Act No. 2259 The Cadastral Act
* In the option of the President, the public interest requires that

title to any lands be settled and adjudicated, he shall order the
Director of Lands to make a survey thereof, with notice to all
persons claiming interest.
* The Director of Lands, represented by the Solicitor General,

shall institute registration proceedings against the holders,
claimants, possessors, or occupants of such lands, stating that
public interest requires that titles to such lands be settled and
adjudicated.
* Decree shall be the basis for issuance of the CERTIFICATE OF

TITLE.
1935 Constitution
Article I.—THE NATIONAL TERRITORY
Section 1. The Philippines comprises all the territory ceded to the United
States by the treaty of Paris concluded between the United States
and Spain on the tenth day of December, eighteen hundred and ninety-
eight, the limits of which are set forth in Article III of said treaty, together
with all the islands embraced in the treaty concluded at Washington,
between the United States and Spain on the seventh day of November,
nineteen hundred, and in the treaty concluded between the United States
and Great Britain on the second day of January, nineteen hundred and
thirty, and all territory over which the present Government of the Philippine
Islands exercises jurisdiction.
1935 Constitution
ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES
SECTION 1. All agricultural, timber, and mineral lands of the public domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces or potential
energy, and other natural resources of the Philippines belong to the State, and their
disposition, exploitation, development, or utilization shall be limited to citizens of the
Philippines, or to corporations or associations at least sixty per centum of the capital
of which is owned by such citizens, subject to any existing right, grant, lease, or
concession at the time of the inauguration of the Government established under this
Constitution. Natural resources, with the 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 for a
period exceeding twenty-five years, except as to water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power, in
which cases beneficial use may be the measure and the limit of the grant.
1936 November 7 - Commonwealth Act No. 141
The Public Land Act
* Governed the disposition of lands of PUBLIC DOMAIN
* Prescribed the rules and regulations for the homesteading,

selling and leasing of portions of public domain.
* Prescribed the terms and conditions to enable to perfect their

titles to public lands.
* Prescribed for the issuance of patents to certain native settlers

upon public lands
* Applies to all lands of public domain which have been declared

open to disposition or concession and officially delimited and
classified.
History of Land Ownership in the Philippines with Sabah Claim
June 26, 1946 - British North Borneo Company cedes colony to the Crown. Thus, annexing
North Borneo to the British Empire.
September 4, 1950 - Philippine advised British Government that a dispute regarding

ownership and sovereignty over North Borneo existed between the two countries.
July 31, 1958 - The Federation of Malaya Act was signed. The Federation of Malaya was
established as a sovereign country within the British Commonwealth.
April 24, 1962 - Heirs of the Sultan of Sulu ceded sovereignty rights over Sabah to the
Philippine Government.
September 12, 1962 - Heirs of Sultan of Sulu cedes all rights, proprietary, title, dominion and
sovereignty to the Republic of the Philippines.
July 31, 1963 - Manila Accord. Indonesia, the Federation of Malaya, and the Philippines
sign a policy statement agreeing to peacefully resolve the issue on North Borneo.
1967 - Plan to destabilise North Borneo was made by President Ferdinand

Marcos.
August 1967 - December 1967 - The Jabidah unit trains for their mission to
destabilise North Borneo. December 30, 1967, 135 of the 180 trainees of Jabidah
are brought to corregidor for “Special Training”. March 18, 1968, Jabidah
Massacre. March 28, 1968, Jabidah Expose in a privilege speech of Senator
Benign S. Aquino Jr.
July 15, 1968 - Malaysia rejects Philippine Claim.
September 23, 1972 - Martial Law is declared.
October 24, 1972 - Moro National Liberation Front begins rebellion against the
government.
1973 Constitution
ARTICLE I
THE NATIONAL TERRITORY
SECTION 1. The national territory comprises the Philippine archipelago,

with all the islands and waters embraced therein, and all the other
territories belonging to the Philippines by historic right or legal title,
including the territorial sea, the air space, the subsoil, the sea-bed, the
insular shelves, and the other submarine areas over which the
Philippines has sovereignty or jurisdiction. The waters around, between,
and connecting the islands of the archipelago, irrespective of their
breadth and dimensions, form part of the internal waters of the
Philippines.
1973 Constitution
ARTICLE XIV
THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION
SEC. 8. All lands of the public domain, waters, minerals, coal, petroleum and
other mineral oils, all forces of potential energy, fisheries, wildlife, and other
natural resources of the Philippines belong to the State. With the exception of
agricultural, industrial or commercial, residential, and resettlement lands of the.public
domain, natural resources shall not be alienated, and no license, concession, or
lease for the exploration, development, exploitation, or utilization of any of the natural
resources shall be granted for a period exceeding twenty-five years, renewable for
not more than twenty-five years, except as to water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, in which
cases, beneficial use may be the measure and the limit of the grant.
SEC. 10. Lands of the public domain are classified into agricultural, industrial or
commercial, residential, resettlement, mineral, timber or forest, and grazing
lands, and such other classes as may be provided by law.
1978 June 11 - Presidential Decree No. 1529 -
Property Registration Decree
* Updating the Land Registration Act.
* Codifying the various laws relative to the registration of
property
* Facilitate effective implementation of laws.
* Supersedes all laws relative to the registration of property
* RTC acts as land registration court subject to judicial
review
* Substantially incorporating the substantive and procedural
requirements of of Act 496
* Expanded the coverage to include 1) judicial combination
of imperfect and incomplete titles in cadastral registration
2) voluntary proceedings; 3) reconstruction of lost titles
1987 Constitution
ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
1987 Constitution
ARTICLE XII
National Economy and Patrimony
SECTION 2. All lands of the public domain, waters, minerals, coal,

petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. x x x
SECTION 3. Lands of the public domain are classified into agricultural,

forest or timber, mineral lands, and national parks. Agricultural lands
of the public domain may be further classified by law according to the
uses which they may be devoted. Alienable lands of the public domain
shall be limited to agricultural lands.
March 14, 2001 - Malaysian authorities reportedly expressed willingness to buy

Sabah for $800 Million U.S.Dollars.
July 16, 2011- The Supreme Court held in Prof. Magallona, Hontiveros, Prof.
Roque and 38 UP College of Law Students vs Ermita Exec.Sec., Romulo Sec
DFA, Andaya Sec DBM, Ventura Administrator National Mapping & Resource
Information Authority and Davide Jr., G.R. No. 187167, upholds the baseline law.
That R.A. No. 9522 did not repeal R.A. 5466, and that therefore, the Philippine
claim over Sabah is retained and can be pursued.
MODES OF ACQUIRING PROPERTY
Methods of Acquiring Land Titles [P-PAA-ID-RE]
By public grant
1. By virtue of the Spanish conquest of the
By private grant Philippines, all islands become the patrimony
and dominion of the Spanish Government. The
By adverse possession or Spanish Government since then took charge of
prescription distributing the lands by issuing Royal Grants
and concessions to discoverers, settlers, vassals
and other people in varied forms
By accretion
2. During the Commonwealth Government, the
By involuntary alienation Public Land Act (Comm. Act No. 141) was passed
and by virtue thereof public agricultural lands
were distributed to citizens under certain
By descent or devise conditions specified therein.

By reclamation (Vassal is a holder of land by feudal tenure on
conditions of homage and allegiance.)
By emancipation Patent
By public grant
By private grant The transfer of title to land by the

owner himself or his duly
By adverse possession or authorized representative to
prescription
another by mutual consent is
By accretion recognized by law.
By involuntary alienation Essential Element of a Private Grant:

1. Consent by grantor or parties
By descent or devise 2. Form – execution of the deed of
conveyance
By reclamation
3. Registration in a public office
By public grant Lands acquired by adverse possession
when such possession hand
By private grant
continued uninterrupted for a
By adverse possession or number of years in the concept of
prescription the owners, adverse, public and
peaceful.
By accretion
Period Required:
By involuntary alienation
1. Possession in Good Faith and with
just title – 10 years
By descent or devise
2. Possession is wanting of Good Faith
By reclamation (in Bad Faith) and without a just
title – 30 years
By public grant
JUST TITLE is a title that the possessor received
By private grant from someone whom the possessor honestly
believed to be the real owner, provided that
By adverse possession or the title was to transfer ownership of property.
prescription
There is JUST TITLE when the adverse claimant
By accretion
came into possession of the property thru any
of the modes allowed by law for the acquisition
By involuntary alienation of ownership or other rights.
By descent or devise Modes acquiring ownership: (1) occupation; (2)

intellectual creation; (3) law; (4) donation; (5)
By reclamation succession; (6) concequence of certain
contracts, by tradition; (7) prescription.
By public grant RULE UNDER THE TORRENS SYSTEM
By private grant [Sec. 47 PD 1529] – Adverse possession or

By adverse possession or
prescription does not run against
prescription private lands brought under the
operation of the Torrens System nor
By accretion against public lands, whether coming
under the operation of the Torrens
System or not, except the law expressly
so provide.*
By reclamation * Section 44 and 48 of the Public Land Act

(Com. Act. No. 141 , as amended by RA
By emancipation Patent 1942)
By public grant
“no title to registered land is derogation of the
By private grant title of the registered owner shall by acquired
by prescription or by adverse
By adverse possession or possession” (Eugenio et al vs Perdido, 97 Phil.
prescription 41, 1955)
By accretion “A property registered under the provisions of P.D.

1529 is not subject to prescription.
Prescription is unavailing not only against the
registered owner but also against his
hereditary successors because the latter
By descent or devise merely step into the shoes of the decedent by
operation of law and are merely continuation
By reclamation of the personality of their predecessor-in
interest.” (Gabriel vs. CA, 100 Phil. 251, 1956)
By public grant DOCTRINE OF INDEFEASIBILITY OF TITLE
It is a well-known doctrine that a torrens title, as a
By private grant rule, is irrevocable and indefeasible, and the
duty of the court is to see to it that this title is
By adverse possession or maintained and respected unless challenged in
prescription a direct proceeding. (Co vs. CA, G.R. No. 93687,
May 6, 1991)
By accretion
Exception:
By involuntary alienation "Well-settled is the rule that the indefeasibility of
a title does not attach to titles secured by fraud
and misrepresentation. In view of these
circumstances, it was as if no title was ever
issued in this case to the petitioner and
By reclamation
therefore this is hardly the occasion to talk of
collateral attack against a title.“ (Olivers vs
SMC, G.R. No. 173531, February 1, 2012)
By public grant
WHAT IS NECESSARY BEFORE PRESCRIPTION MAY
By private grant LIE AGAINST A CO-OWNER?
(“May Lie” – can be used)
prescription 1. Mere refusal to accede to a partition without
specifying the ground for such refusal, cannot
By accretion be considered as notice to the co-heir or co-
owner of the occupant’s claim of title in
himself in repudiation of the co-ownership.
2. Among heirs or co-owners, it is not hostile or
adverse even when accompanied by mere
By descent or devise perception of rents and profits or erecting
fences and building thereon.
By reclamation
(Cortes vs. Oliva, 33 Phil. 480, 1916)
By public grant
By private grant WHAT IS NECESSARY BEFORE PRESCRIPTION MAY

LIE AGAINST A CO-OWNER?
By adverse possession or (“May Lie” – can be used)
prescription
Under any of the modes of acquiring property by
By accretion
prescription, it should be shown that the
claimant has performed unequivocal acts of
By involuntary alienation repudiation amounting to ouster of the other
heirs or owners, that the other owners or heirs
By descent or devise were or should have been apprised of such
positive acts of disavowal, and that evidence
By reclamation thereon should be clear and conclusive.
By public grant
By private grant
Legal Basis
By adverse possession or Art. 457 of the Civil Code – “To the owners of the
prescription lands adjoining the banks of rivers belong the
accretion which they gradually receive from
By accretion the effects of the current of the water.”
By involuntary alienation What is ALLUVIUM:
Alluvium refers to materials deposited by rivers. It

By descent or devise includes sand, clay, or mud deposited as
sediment that has carried by and deposited
By reclamation from running water on riparian land.
By public grant Effects of Accretion (Riparian Rights)
The owners of the land to which they are settled
By private grant and attached become the owners also of the
addition by accretion.
prescription Riparian – are lands situated on banks of river.
By accretion Accretion which the banks of rivers gradually

receive from the effects of the current become
By involuntary alienation property of the owners of the bank, such
accretions being natural incidents to land
bordering on running streams. The provisions
By descent or devise of the Civil Code in that respect are not
affected by the Land Registration Act. (Payatas
By reclamation Estate Improvement Co. vs. Tuazon, et al., 53
Phil. 55, 1929)
By public grant
By private grant Accretion does not automatically become

registered land just because of the lat which
By adverse possession or received such accretion is covered by a Torrens
prescription
Title. Ownership of a piece of land is one
thing, registration under the Torrens System of
By accretion
the ownership is another. (Grande vs. CA, 5
SCRA 524, 1962).
Two requisites for Registration
By descent or devise 1. The land where the accretion takes place be
adjacent to the banks of the river (Riparian)
By reclamation 2. The accretion is due to the gradual action of
the current of the rivers.
By public grant Reason why accretion belongs to the Riparian
Owner.
By private grant The reason behind the law giving the riparian
owner the right to any land or alluvion
By adverse possession or deposited by a river is to compensate him for
prescription
the danger of loss that he suffers because of
the location of his land. If estates bordering on
By accretion
rivers are exposed to floods and other evils
produced by the destructive force of the
By involuntary alienation waters and if by virtue of lawful provisions, said
estates are subject to incumbrances and
By descent or devise various kinds of easements, it is proper that
the risk or danger which may prejudice the
By reclamation owners thereof should be compensated by the
right of accretion. (Republic vs. CA, G.R. No.
By emancipation Patent L-61647 October 12, 1984)
By public grant
When Accretion Does not apply:
By private grant 1. Dried River Beds – if the river bed dries up by
natural causes, the river bed remains public
By adverse possession or land because no one is injured.
prescription 2. Man-made or artificial accretions (Republic vs
CA, 132 SCRA 214, 1984)
By accretion 3. Accretion to lands adjoining canals or esteros
or artificial canals (Ronquillo vs. CA, 195 SCRA
By involuntary alienation 433, 1991)
4. Accretion caused by the action of the sea or
bay (Ignacio vs. Director of Lands, 108 Phil.
By descent or devise 335, 1960)
5. Island formed by Accretion (Compania
By reclamation General de Tabacos de Filipinas vs. Doddo and
Director of Lands, No. 19156-R, August 24,
By emancipation Patent 1959, CA)
By public grant
By private grant Titles to land may also be acquired against the

express will of the owner.
priscription
The STATE in the exercise of the POWER OF
EMINENT DOMAIN or by way of escheat
By accretion
proceedings may, without owner’s consent
take lands of private ownership.
Other modes;
By descent or devise 1. Confiscation
2. Seizure
By reclamation 3. Attachment
4. Foreclosure
By public grant
By private grant
prescription
Transfer of title to land by
By accretion
TESTATE or INTESTATE
By involuntary alienation SUCCESSION.
By reclamation
By public grant What is Reclamation
By private grant Method of acquiring land by filling of submerged land by

deliberate act.
prescription Rule on Reclamation
The government can assert title to reclaimed lands.
By accretion
Exception:
By involuntary alienation Reclaimed lands may however, be declared by the
government as property of the adjoining owners and
as such increment thereto only when it is no longer
By descent or devise washed by the water of the sea and no longer
necessary for public use like the construction of an
By reclamation avenue thereon (Lamprea vs. Director of Lands et al.
67 Phil. 388, 1939)
By public grant
By private grant
Authority of Local Government to Undertake
By adverse possession or Reclamation Projects
prescription
RA No. 1899 (AN ACT AUTHORIZE THE
By accretion RECLAMATION OF FORESHORE LANDS BY
CHARTERED CITIES AND MUNICIPALITIES)
Any and all such lands reclaimed will become the
property of the respective municipalities and
By descent or devise chartered cities; but the new foreshore along
the reclaimed areas shall continue to become
By reclamation property of the National Government.
By public grant
By private grant
Basis:
By adverse possession or PD No. 27, October 21, 1972.
prescription
Calculated to emancipate tenant-farmers from the
By accretion bondage of the soil by making them owners of
the land they till.
When applied:
Private agricultural lands planted to corn or rice by
By descent or devise landed estate. (Seven hectares and up)
By reclamation
ERNESTO BALBIN, ET. AL. VS. PEDRO MEDALLA, ET. AL
G.R. NO. L-46410, October 30, 1981
On June 14,
Ernesto Balbin, Jose
1963, they filed
Orina, Mauricio
an application for
Narag, Rosa Sta. Ma.
Juan Ladao owns a registration of
Sytamco, Basilio
land by virtue of title of said land
Sytamco, Leocadio
Information using as evidence
Posesoria over lots Sytamco, Amado
On June 19, 1962, of ownership, the Balbin et al. were in
identified as Lot. Reyes, Lydia V. Reyes
the heirs of Juan Deed of Sale and action possession of the
979, 980, 981, 982, Ladao sold the land and Apolinario
Informacion nine lots.
983, 984, 1013, to Pedro Medalla Reyes, filed an
1016, and 1006 Posesoria in the In October 15, 1959,
and Josefina opposition on the
name of Juan
Instituted the
Medalla petition filed by Sps. there were issued
Ladao patent on October 14,
possessor Medalla
1959 were issued OCT
information
proceeding No. P-3088, P-3089,
between 1894 and P-3087, P-4010, P-3084,
1895 but the Sps. Medalla reserve to file a separate action for P-919, P-4060 and P-920
registration was the cancellation of the OCTs of Balbin et al. the
done only on May land registration court abstained from ruling the
25, 1896. opposition.
G.R. NO. L-46410, October 30, 1981
On August 30,
1973 spouses
Medalla filed an
action for
Reconveyance
and Annulment
of Titles.
G.R. NO. L-46410, October 30, 1981
ISSUE
Whether or not the Original Certificates of Title of Ernesto Balbin is

null and void
RULING OF THE COURT OF FIRST INSTANCE (now RTC)
1. Subject lots were declared as the private properties of Spouses Medalla

with the right of immediate possession.
2. Original Certificate of Titles Nos. P-3088, P3089, P-3087, P-4010, P-4011,

P-3084, P-919, P-4060 and P-920 declared null and void and therefore be
cancelled.
G.R. NO. L-46410, October 30, 1981
RULING OF THE SUPREME COURT
1. Action for reconveyance prescribed in four (4) years after discovery of the alleged fraud. The cause of
action for reconveyance had already prescribed.
2. The complaint of Sps. Medalla was filed only on August 30, 1973, or more than 14 years had already
elapsed from date of the issuance of the respective titles to Ernesto Balbin et al.
3. Such discovery is deemed to have taken place when the Ernesto Balbin et. Al. were issued Original
Certificate of Title through either homestead or free patent grants, for the registration of said patents
constitute constructive notice to the whole world.
4. Ernesto Balbin et. Al. acquired the title to the nine lots in question by virtue of possession in concept of
an owner. They were given either free patent or homestead patent, and OCT in their names.
5. Possessory information has to be confirmed in a land registration proceedings, as required in Section 19
of Act No. 496. A possessory information along, without a showing of actual, public and adverse
possession of the land under claim of ownership, for a sufficient period of time, is ineffective as mode
of acquiring title under Act. No. 496

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CHAPTER 1

INTRODUCTION TO LAND OWNERSHIP AND

Consequently, Philippine lands, whether agricultural, mineral or forest became

Consequence of Spanish Ownership

Private ownership in land can only be founded on “ROYAL CONCESSIONS”

In Republic vs. Munoz

Accordingly, public lands not shown to have been reclassified or released as

Exceptions to the Doctrine

September 17, 1888 - British Protectorate established over Brunei.

September 17, 1888 - British Protectorate established over Brunei.

September 17, 1888 - British Protectorate established over Brunei.

> Established the TORRENS SYSTEM in the Philippines

> Established the Land Registration Court

> Bring land TITLES in the Philippines under one comprehensive

PD No. 892 which took effect on 16 February 1976 -

The system of registration under the Spanish Mortgage Law was

Furthermore, “All holders of Spanish Titles or grants should apply for

(Act. No. 496 was enacted on November 6, 1902)

* In the option of the President, the public interest requires that

* The Director of Lands, represented by the Solicitor General,

* Decree shall be the basis for issuance of the CERTIFICATE OF

* Prescribed the rules and regulations for the homesteading,

* Prescribed the terms and conditions to enable to perfect their

* Prescribed for the issuance of patents to certain native settlers

* Applies to all lands of public domain which have been declared

September 4, 1950 - Philippine advised British Government that a dispute regarding

1967 - Plan to destabilise North Borneo was made by President Ferdinand

July 15, 1968 - Malaysia rejects Philippine Claim.

September 23, 1972 - Martial Law is declared.

THE NATIONAL TERRITORY

SECTION 1. The national territory comprises the Philippine archipelago,

SECTION 2. All lands of the public domain, waters, minerals, coal,

SECTION 3. Lands of the public domain are classified into agricultural,

March 14, 2001 - Malaysian authorities reportedly expressed willingness to buy

By private grant The transfer of title to land by the

By involuntary alienation Essential Element of a Private Grant:

By descent or devise Modes acquiring ownership: (1) occupation; (2)

By private grant [Sec. 47 PD 1529] – Adverse possession or

By reclamation * Section 44 and 48 of the Public Land Act

By accretion “A property registered under the provisions of P.D.

By private grant WHAT IS NECESSARY BEFORE PRESCRIPTION MAY

By involuntary alienation What is ALLUVIUM:

Alluvium refers to materials deposited by rivers. It

By accretion Accretion which the banks of rivers gradually

By private grant Accretion does not automatically become

By private grant Titles to land may also be acquired against the

By public grant What is Reclamation

By private grant Method of acquiring land by filling of submerged land by

Whether or not the Original Certificates of Title of Ernesto Balbin is

RULING OF THE COURT OF FIRST INSTANCE (now RTC)

1. Subject lots were declared as the private properties of Spouses Medalla

2. Original Certificate of Titles Nos. P-3088, P3089, P-3087, P-4010, P-4011,

RULING OF THE SUPREME COURT

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