Dungo, Paula Benilde D.

2019133218
LTD Finals - 2B

In an application for judicial confirmation of title, the applicant holds an imperfect title.
An imperfect title is one where there exists any defects or other encumbrances attached
to the property of said title. An applicant holds an imperfect title to an agricultural land of
public domain after it has been occupied from June 12, 1945 or earlier.

The applicable law in this case is P.D. 1529, Section 1 of which provides that an
applicant for judicial confirmation of an imperfect title must prove the following
requisites:
1. The subject property or land forms part of the disposable and alienable lands of
the public domain; and
2. The applicant has been in open, exclusive, continuous, and notorious occupation
and possession of the subject property under a bona fide claim of ownership
from June 12, 1945 or earlier.

Commonwealth Act 141 is also known as the “Public Land Act”. This law governs the
classification, delimitation, disposition, and the survey of alienable lands of the public
domain. This act compiles the laws relative to lands of the public domain. It also
prescribes rules of the selling and leasing of portions of the public domain, and
discusses the requisites to enable persons to perfect their titles to the public lands in the
country. It has a comprehensive scope, but it limited the exploitation of agricultural
lands.

Cadastral Registration proceedings are essential to settle as many disputes over lands
and to eradicate all clouds over their titles in a community. The nature of the
proceedings are in rem. It aims to have titles in all lands in a specific area to be
adjudicated.

Where the opinion of the president that the welfare of the public requires the title of an
unregistered land to be adjudicated, he may order the Director of Lands to conduct a
cadastral survey of the same. The next step would be the filing of the petition for
registration. What follows is the notice of survey and publication even if P.D. 1529 is
silent on any such requirement, the Cadastral Registration Law provides that there has
to be mailing, posting, and publication. In line with the right of due process of all parties
involved, the next steps would constitute the filing of answer, hearing of petition, and
lastly the judgement.

Eminent domain is referred to as the power of the government to seize private property
and designate the same for public use in exchange for just compensation. This power is
inherent in the sovereignty and is vested in the legislature. Before property can be taken
and used for the welfare of the public, the following requisites must be present:
1. Expropriator must enter a private property
2. The entrance in the private property must be more than a momentary period
3. The entrance into the property must be under legal authority
4. The property must be devoted for public use or welfare
5. The use of the property for such purposes must be in such a way that the owner
is deprived of all beneficial enjoyment of the same.

In order to recover the benefits from the assurance fund, the following requisites must
be satisfied:
1. The claimant must not be negligent
2. The claimant must claim such within a period of 6 years from the time the right to
bring action first occurred

The case of Valderama vs Arguelles distinguished lis pendens from adverse claim. In
this case, the Supreme Court held that the main differences between the two are the
following:
1. Adverse claim protects the right of a claimant during the pendency of a
controversy while lis pendens protects the rights of a claimant during the
pendency of the action or litigation;
2. Adverse claim is only cancelled once the petition is filed before the court which
must conduct a hearing to certify its validity. Lis pendens on the other hand, need
not a court hearing in order for it t be cancelled.
 7

Section 10, of PD 1529 provides that the Register of Deeds has the duty to immediately
register an instrument which is presented for registration that deals with real and
personal property. Its ministerial duty means that the Register is not allowed to validly
refuse to register a deed presented to him for registration. It is not the function of the
Register to determine whether or not a document is valid. The register must first allow
the registration. The validity or effect of such registration is litigated thereafter before a
court of competent jurisdiction.

The Solicitor General has the duty to represent the Government in all land registration
proceedings. It may institute actions for the reversion to the State of lands which belong
to the public domain.
9

In the case of Oh Cho vs Director of Lands, the Supreme Court held that all lands that
were not acquired from the Philippine Government through purchase or grant, constitute
the public domain. The exception to this rule however, would be that any land which
should have been in the occupant’s and his predecessors’ possession since time
immemorial would mean the presumption that the subject property has never been part
of the public domain.

In the case of Malabanan vs Republic of the Philippines, the Supreme Court held that all
lands which do not clearly appear to be under the ownership of private persons are
presumed to belong to the State. Public lands remain to be part of the inalienable lands
of public domain provided that it is not shown that the State has reclassified or alienated
the same to private persons.

10

Patrimonial property of the State may be acquired through prescription. Patrimonial

property comprises all lands of the State owned by the same in its private capacity. It is
not intended for public use or for the development of national wealth.

Section 14 of P.D. 1529 provides for the persons who may apply for registration of title
to land, this includes those who acquire ownership of private lands by prescription. In
the case of Malabanan vs Republic of the Philippines, the Supreme Court held that
lands of the State patrimonial in character are susceptible to acquisitive prescription.
Only when the property has become patrimonial can the prescriptive period for the
acquisition of property of the public domain begin to run.