6) Rule Different Where Land Is Not Registrable As When It

Forms Part of the Public Forest b. It is necessary that the land should have been released
from the forest zone and reclassified as alienable and
1. Different rule obtains for lands which are incapable of registration disposable agricultural public land for the ENTIRE
as when belong to the category of forest or timber, mineral lands, PERIOD required for confirmation of title under Section
and national parks. 48(b) of the Public Land Act, that is, since June 12, 1945
or prior thereto.
REASON: Under Section 2, Article XII of the Constitution,
ONLY AGRICULTURAL LANDS may be the subject of alienation.
7) NON-REGISTRABLE PROPERTIES
Palomo vs. CA: The Court held:
The FOLLOWING CANNOT be the SUBJECT of
“There is no question that the lands in the case at bar were not REGISTRATION
alienable lands of the public domain. … records in the Bureau of
Forestry show that the subject lands were never declared as 1. Property of public dominion
alienable and disposable and subject to private alienation prior to
1913 up to the present. Moreover, as part of the reservation for a. Those intended for public use, such as roads, canals, rivers,
provincial park purposes, they form part of the forest zone.” torrents, ports and bridges constructed by the State, banks,
shores, roadsteads and others of similar character;
2. Elementary rule in the law of governing natural resources:
b. Those which belong to the State, without being for public
a. Forest land cannot be owned by private persons; use, and are intended for some public service or for the
b. Not registrable and possession thereof, no matter how development of the national wealth.
lengthy, cannot convert it into private property, unless such
lands are reclassified and considered disposable and Character of PPD:
alienable.
i. Outside the commerce of men, not subject to private
3. Applicant must: appropriation;
ii. Not subject to levy, encumbrance or disposition
a. Secure a certification from the government that the land through public or private sale;
applied for by the applicant is alienable and disposable. iii. Cannot be owned by anyone even if was registered
under the Torrens system
 How to establish this?
Water Code of the Philippines, the following belong to the State:
 By a:
i. Rivers and their natural beds;
a.1. PRESIDENTIAL PROCLAMATION or an ii. Continuous or intermittent waters of springs and
EXECUTIVE ORDER; brooks running in their natural bed and the beds
a.2. an ADMINISTRATIVE ACTION; themselves;
a.3. INVESTIGATION REPORTS OF LANDS or iii. Natural lakes and lagoons;
FOREST INVESTIGATORS; or iv. All other categories of surface waters such as water
a.4. LEGISLATIVE ACT or STATUTE. flowing over lands, water from rainfall whether
natural, or artificial, and water from agriculture run-
Bracewell vs CA: The Court held the following: off, seepage, and drainage;
v. Atmospheric water;
a. There can be no imperfect title to be confirmed over lands vi. Subterranean or ground waters; and
not yet classified as disposable or alienable; vii. Seawater.

b. Absence of such classification, the land remains Waters found even on private lands belong to the State:
unclassified public land until released therefrom and open
to disposition; i. Continuous or intermittent waters rising on such lands;
ii. Lakes and lagoons naturally occurring on such lands;
c. Rules on confirmation of imperfect title do not apply unless iii. Rain water falling on such lands;
and until the land classified as forestland is released in an iv. Subterranean or ground waters; and
official proclamation to that effect so that it may form v. Water in swamps and marshes.
part of the disposable agricultural lands of the public
domain. NOTE:

Republic vs CA and Bernabe: The Court stresses that:
a. Possession of forestland, prior to its classification as
alienable and disposable land, is ineffective since such
possession may not be considered as possession n the
concept of an owner;
a. Patrimonial property – all other property of the State,
which is not of the character of public dominion;
b. Property of public dominion, when no longer needed for
public use or for public service, shall form part of the
patrimonial property of the State;
 c. Property for public use of provinces and towns are
governed by the same principles as property of public
dominion of the same character.
d. Constitution classifies land of the public domain as
“agricultural, forest or timber, mineral lands and national
parks.”
2. Forest lands
In the context of both the Public Land Act and the Constitution:
Forests do not necessarily refer to a large tract of wooded land or an
expense covered by dense growth trees and underbrush.
Amunategui vs. Director of Forestry: The Court,
debunked the argument that since the disputed land “is not thickly
forested” and, in any event, it has been in the actual possession of
many persons for many years, it was already “private land” which is
better adapted and more valuable for agricultural than for forest
purposes and not required by the public interests to be kept under
forest classification.
“A forested area classified as forest land of the public domain does
not lose such classification simply because loggers or settlers may
have stripped it of its forest cover. Parcels of land classified as
forestland may actually be covered with grass or planted to crops by
kaingin cultivators or other farmers.
‘Forest lands” do not have to be on mountains or in out of the way
places. Swampy areas covered by mangrove trees, nipa palms, and
other trees growing in brackish or sea water may also be classified
as forest land.
The classification is descriptive of its legal nature or status and does
not have to be descriptive of what the land actually looks like.
Unless and until the land classified as ‘forest’ is released in an
official proclamation to that effect so that it may form part of the
disposable agricultural lands of the public domain, the rules on
confirmation of imperfect title do not apply.”
Ankron vs. Government of the Philippine Islands:
 The mere fact that a tract of land has trees upon it or
has mineral within it is not of itself sufficient to
declare that one is forestry land and the other, mineral
land.
 It is safe to say that in order to be forestry or mineral
lands, and that in each case it is a question of fact, we
think it is safe to say that in order to be forestry or
mineral land the proof must show that it is more
valuable for the forestry or the mineral which it
contains that it is for agricultural purposes.
 It is not sufficient to show that there exist some trees
upon the land or that it bears some mineral.
 Each case must be decided upon the proof in that
particular case, having regard for its present or future
value for one or the other purposes.
 Possession of a land of the public forest, however
long, cannot convert it into private property as it is
within the exclusive jurisdiction of the Bureau of
Forest Development and beyond the power and
jurisdiction of the registration court.
 Titles issued to private parties when the land covered
thereby is not disposable public land but forest land
are void ab initio.
3. Watersheds
Watershed is an area of land that drains rainwater into one location
such as a stream, lake, or wetland.
The Constitution expressly mandates the conservation and proper
utilization of natural resources, which includes the country’s
watersheds.
 Thus, it is important to protect the quality of our
watersheds.
Sta. Rosa Development Corporation vs CA: The Court defied
watershed as,
“an area drained by a river and its tributaries and enclosed by a
boundary or divide which separates it from adjacent watersheds. “
NOTE:
Protection of watersheds is an “inter-generational responsibility.”
Collado vs CA: The Court held,
“that a watershed reservation is not susceptible of occupancy,
disposition, conveyance, or alienation.”
4. Mangrove swamps
Mangroves (manglares) is a community of intertidal plants
including all species of trees, shrubs, vines and herbs found on coasts,
swamp or border camps.
They are considered forestal and not alienable agricultural land.
Director of Forestry vs Villareal: The Court categorically declared
that,
“mangrove swamps form part of the public forests and, therefore, not
subject to disposition.”
NOTE:
Mangrove loss directly translates to losses in fish catch and food
supply.
5. Mineral lands
Mineral land means any area where mineral resources are found.
Mineral resources mean any concentration of mineral/rocks with
potential economic value.
NOTE:

i. Mining claims and rights and other matters concerning
minerals and mineral lands are governed by special
laws;
ii. Mineral resources are owned by the State;
iii. Possession of mineral land, no matter how long, does
not confer possessory rights, and a certificate of title
issued therefor, even in the hands of an alleged
innocent purchaser for value, is void and shall be
cancelled.
Republic vs CA and Dela Rosa: The Court held that,
“the ownership by a person of agricultural land in which minerals are
discovered does not give him the right to extract or utilize the said
minerals without the permission of the State to which such minerals
belong.”
6. National parks and protected areas
National parks refer to forest reservation essentially of natural
wilderness character which have been withdrawn from settlement,
occupancy or any form of exploitation except in conformity with
approved management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural and historic
objects, wild animals and plants therein and to provide enjoyment of
these features in such areas.
Protected area refers to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation.
NOTE:
i. Protected area and national park are synonymous;
ii. Land reserved for a national park is inalienable and
cannot be registered;
iii. Lands within a protected area under the National
Integrated Protected Areas System (NIPAS) Act;
iv. It has been held that where a certificate of title covers
a portion of land within the area reserved for park
purposes, the title should be annulled with respect to
said portion. (Palomo vs. CA, 334 Phil. 357)
7. Military or naval reservation
i. Land inside a military or naval reservation cannot be
the object of registration;
ii. A military camp or reservation could not have been
the object of cadastral proceedings.
Republic vs. Southside Homeowners Association, Inc.: The Court
ruled that,
“a military reservation, like the Fort Bonifacio Military Reservation
or a part thereof is not open to private appropriation or disposition
and, therefore, not registrable, unless it is in the meantime
reclassified and declared as disposable and alienable public land.
8. Foreshore lands and reclaimed lands
Foreshore land is that strip of land that lies between the high and
low water marks and that is alternately wet and dry according to the
flow of the tide.
It is that part of the land adjacent to the sea which is alternately
covered by the ordinary flow of the tides.
i. Together with submerged lands (which may be the
subject of reclamation) are inalienable unless declared
by law to be alienable and disposable portions of the
public domain;
ii. The foreshore area had been reclaimed DOES NOT
REMOVE it from its classification of foreshore
area subject to the preferential right to lease of the
littoral owner.
8. Submerged areas
i. Are inalienable and outside the commerce of man;
ii. Only when they are actually reclaimed from the sea
can these areas be classified as public agricultural
lands, which under the Constitution are the only
natural resources that the State may alienate;
iii. Reclamation and transformation of these areas into
public agricultural lands may cause the government to
officially classify these lands as alienable or
disposable lands open to disposition, and may then
declare the land to be no longer needed for public
service.
9. Lakes
Lake is an area of variable size filled with water, localized in a basin,
that is surrounded by land, apart from any river or other outlet that
serves to feed or drain the lake.
Unlike rivers or streams lakes are not flowing.
NOTE:
i. Lands located at and below the maximum lake level of
elevation of the Laguna de Bay are public lands which
form part of the bed of said lake (RA No. 4850)
ii. Areas forming part of the Laguna de Bay are neither
agricultural nor disposable lands of the public domain
thus title issued over non-disposable lots like lakes,
even in the hands of an alleged innocent purchaser for
value, shall be cancelled.
10. Navigable rivers
i. Cannot be appropriated and registered under the
Torrens system – land registration court has no
jurisdiction over non-registrable properties and
cannot validly adjudge the registration of title of it
in favor of a private applicant;
ii. Ownership may not be acquired under a free patent
and the issuance of the corresponding certificate of
title does not change its public character – they cannot
be owned by adverse possession.
11. Creeks
Creek is a recess or arm extending from a river and participating in
the ebb and flow of the sea.
NOTE:
i. Not susceptible to private appropriation and
acquisitive prescription;
ii. Absent any declaration by the government, that a
portion of the creek has dried-up does not, by itself,
alter its inalienable character;
iii. After the government’s has declared the land to be
alienable and disposable agricultural land that the year
of entry, cultivation, and exclusive and adverse
possession can be counted for purposes of an
imperfect title;
iv. The construction of irrigation dikes on a creek
which prevents the water from flowing, or converts
it into a fishpond, does not alter or change the
nature of the creek as a property of the public
domain.
12. Reservations for public and semi-public purposes
Sec. 83, CA 141:
i. President may designate by proclamation any tract or
tracts of land of the public domain as reservations, as
recommended by the Secretary of the DENR, for:
a. the use of the Republic of the Philippines or of any
branches, or of the inhabitants thereof;
b. quasi-public uses; or
c. purposes when the public interest requires it, including
reservations for:
c.1. highways;
c.2. rights of way for railroads;
c.3. hydraulic power sites;
c.4. irrigation systems;
c.5. communal pastures or leguas communales;
c.6. public parks;
c.7. public quarries;
c.8. public fishponds;
c.9. workingmen’s village; and
c.10. other improvements for the public benefit.
Sec. 14, Chapter 4, Book III of EO No. 292 (Administrative Code
of 1987)
Provides the power of the President to reserve for settlement or public
use, and for specific public purposes, any of the lands of the public
domain, the use of which is not otherwise directed by law.
Provides the power to reserve from sale or other disposition and for
specific public uses or purposes, any land belonging to the private
domain of the Government, or any of the Friar Lands, the use of
which is not otherwise directed by law, and thereafter such land shall
be used for the purposes specified by such proclamation until
otherwise provided by law.
Sec. 88, CA 141:
The tract or tracts of land reserved shall be non-alienable and shall
not be subject to occupation, entry, sale, lease, or other
disposition until again declared alienable under the provisions of
this Act or by proclamation of the President.
Republic vs Southside Homeowners Association, Inc.: The Court
held that,
“the lands reserved by the President for a specific public purpose
are non-alienable and shall not be subject to sale or other
disposition until again declared alienable.
Unless the President issues a proclamation withdrawing public
airports from public use, these properties remain properties of public
dominion and are inalienable.
Land covered by reservation for a medical center is not subject to
entry, and no lawful settlement on them can be acquired.
Sec. 9, CA 141:
The President upon recommendation of the Secretary of the
DENR SHALL FROM TIME TO TIME MAKE THE
CLASSIFICATIONS, and may, at any time and in a similar manner,
transfer lands from one class to another.
8) WHERE APPLICANT HAS ACQUIRED A RIGHT TO A
GOVERNMENT GRANT, APPLICATION IS A MERE
FORMALITY
Possessor is deemed to have acquired, by operation of law, a right to
a grant, without the necessity of a certificate of a title being issued.
i. Land ceases to be of the public domain, and beyond
the authority of the Director to dispose of;
ii. The application for confirmation is a mere formality,
the lack of which does not affect the legal
sufficiency of the title as would evidenced by the
patent and the Torrens title to be issued upon the
strength of said patent;
 For all legal intents and purposes, the land is
segregated from the public domain;
 Where all the requirements for a government grant
are complied with i.e. possession in the manner and
for the period required by law, the land ipso jure
ceases to be public land and becomes private
property – through actual physical possession openly,
continuously, and publicly, with a right to a certificate
of title to said land;
It is not necessary that a certificate of title be issued in order that said
grant may be sanctioned by the courts – an application therefor being
sufficient under the provisions of Section 50, CA 141.
9) VESTED RIGHTS CANNOT BE IMPAIRED BY
SUBSEQUENT LAW
Doctrine of vested rights
Vested rights may not be impaired without violating one’s right to
due process.

Balboa vs Farrales: The Court held,
“a right is vested when the right to enjoyment, present or
prospective, has become the property of some particular person or
persons as a present interest.
It is some right or interest in property which has become fixed and
established and is no longer open to doubt or controversy.”
Ayog vs Cusi: The Court said,
“the State may not impair vested rights by legislative enactment, by
the enactment or by the subsequent repeal of a municipal ordinance,
or by a change in the Constitution of the State, except in a legitimate
exercise of the police power.
Due process clause prohibits the annihilation of vested rights.”
Director of Lands vs IAC and Acme Plywood Veneer and Co.,
Inc.: The Supreme Court declared that,
“the purely accidental circumstance that confirmation proceedings
were brought under the aegis of a subsequent law which forbids
corporations from owning lands of the public domain cannot defeat
a right already vested before that law came into effect, or
invalidate transactions then perfectly valid and proper.
Even the Constitution or subsequent law cannot impair vested rights.”
Dicman vs Carino:
“Petitioner argued that Proclamation No. 628 issued by President
CPG on January 8, 1960 had the effect of “segregating” and
“reserving” certain Igorot claims identified therein, including one
purportedly belonging to the “Heirs of Dicman,” and prohibiting any
encumbrance or alienation of these claims for a period of 15 years
from acquisition of patent.
The Court held however, that by the time the Proclamation had been
issued, all rights over the property in question had already been
vested in private respondent.
The Executive can only go so far as to classify public land, but it
cannot be construed as to prejudice vested rights.
Moreover, property rights may not be altered or deprived by
executive fist alone without contravening the due process guarantees
of the Constitution and may amount to unlawful taking of private
property to be redistributed for public use without just
compensation.”
10) LAND DECLARED PUBLIC LAND IN A PREVIOUS
REGISTRATION CASE MAY BE SUBJECT OF JUDICIAL
CONFIRMATION
Zara vs Director of Lands:
Parcel of land which had been declared public land in a previous
registration proceeding, was again subject of application by persons
claiming an imperfect title on the basis of their continuous and
adverse possession for more than 30 years.
RTC dismissed application, ground on res judicate. Supreme Court
reversed RTC decision saying,
“… In any case, appellants’ imperfect possessory title was not
disturbed or foreclosed by such declaration, for precisely the
proceeding contemplated in the aforecited provision of CA 141
presupposes that the land is public.
The basis of the decree of judicial confirmation authorized
therein IS NOT THE LAND IS ALREADY PRIVATELY
OWNED and hence no longer part of the public domain, BUT
RATHER THAT BY REASON OF THE CLAIMANT’S
POSSESSION FOR 30 YEARS he is CONCLUSIVELY
PRESUMED TO HAVE PERFORMED ALL THE
CONDITIONS ESSENTIAL TO A GOVERNMENT GRANT.
11) HEARING
Regional Trial Court – possesses the jurisdiction on application for
registration, same manner as prescribed under PD 1529 (Property
Registration Decree)
Director of Lands – may appear to be a party in any registration
cases; receives immediately a notice of all registration applications,
together with a plan of the lands claimed
Solicitor General, or officer acting in his stead – receives all of the
papers in the said case transmitted by the Clerk of Court prior to the
publication of the hearing.
If the SG deems it advisable for the interests of the government,
investigate all of the facts alleged in the application or otherwise
brought to his attention.
Sec. 34, BP 129 (Judiciary Reorganization Act of 1980, amended
by RA 7691) – grants Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts the delegated
jurisdiction to hear and determine cadastral or land registration
cases, in the following instances:
i. Where the lot sought to be registered is not the subject
of controversy or opposition; or
ii. Where the lot is contested but the value thereof does
not exceed P100,000 – value ascertained by the
affidavit of the claimant, or by the agreement of the
respective claimants, if there be more than one, or
from the corresponding tax declaration of the real
property.
Decisions of said interior courts SHALL BE APPEALABLE IN
THE MANNER as decisions of the RTC to the CA.
12) BURDEN OF PROOF RESTS ON APPLICANT
Applicant – has the burden of proof to prove his positive
averments, and not for the government or the private oppositors
to establish a negative proposition insofar as the applicants’ specific
lots are concerned.
HOW?
To submit convincing proof of his and his predecessors-in-
interest’s ACTUAL, PEACEFUL AND ADVERSE
POSSESSION AND OCCUPATION in the CONCEPT OF AN
OWNER of the lots during the period required by law.
WHY?
This is the UTMOST SIGNIFICANCE in view of the basic
presumption that lands of whatever classification belong to the
State and evidence of a land grant must be “well-nigh
incontrovertible.”
NOTE:
i. The confirmation proceedings would, in truth be little
more than a formality, at the most limited to
ascertaining whether the possession claimed is of
the required character and length of time;
ii. Registration WOULD NOT CONFER TITLE, BUT
SIMPLY RECOGNIZE A TITLE ALREADY
VESTED;
iii. The proceedings would not originally CONVERT
THE LAND FROM PUBLIC TO PRIVATE LAND,
but only confirm such conversion already effected
by operation of law from the moment the required
period of possession became complete.
13) THE LAW REQUIRES BOTH POSSESSION AND
OCCUPATION
The two requirements are different not synonymous.
Possession – broader than occupation, includes constructive
possession
Occupation – delimits the all-encompassing effect of constructive
possession – to be taken together with OCEN, occupation serves to
highlight the fact that for one to qualify, HIS POSSESSION OF
THE LAND MUST NOT BE MERE FICTION.
14) JUDGMENT
How does a court judge registration a case?
i. If there is more than one person or claimant –
adjudicates the conflicting interests and award decrees
in favor of the person or persons entitled to the land
sought to be registered
ii. If none of the persons is entitled to the land, or if
the person who might be entitled lacs the
qualifications – decides in favor of the government,
application and/or opposition shall be dismissed, and
declares the land in question a public land.
NOTE:
i. The decree denying a petition for the registration of
a parcel of real estate by the person who claims to be
owner of the land means that:
 Its authority is derived from the rule that the
possession of the occupant must be respected so
long as no third party appears with a better right
and title to the property;
 It does not declare that the holder of the land is the
owner and proprietor of its, and consequently is not
res judicate;
 It does not operate as a bar to the proceedings for
registration instituted on the ground of new evidence;
 It does not automatically entitle the oppositor to have
the property registered in his name – must prove first
that he is the owner of the property.
15) ORDER FOR THE ISSUANCE OF DECREE
Court decree – any judgment of confirmation or other decree of the
court pertaining to the registration of land that has become final
Clerk of Court – the court official assigned to certify the fact of the
decree to the Director of Lands, with a certified copy of the decree
of confirmation or judgment of the court, together with the plan and
technical description of the land
FINAL DECREE OF THE COURT – shall in every case the
BASIS for the ORIGINAL CERTIFICATE OF TITLE in favor of
the persons entitled to the property – procedure prescribed by PD
1529
Entry in the property registry and issuance of title – presupposes
that the applicant is the owner and proprietor of the realty he seeks to
register
E. ADMINISTRATIVE LEGALIZATION (FREE PATENT)
WHO MAY APPLY FOR FREE PATENT? Requisites for
applying free patent Sec. 44, Chap. VII, CA 141
i. Any natural-born Filipino citizen;
ii. Not an owner of more than 12 hectares of land;
iii. Has occupied (possession) the same land for 30 years
prior to the amendatory Act, has continuously
occupied and cultivated the land;
iv. The occupation and cultivation are done by himself or
his predecessors-in-interest
v. The tract or tracts of agricultural public land subject
to disposition
vi. Who shall have paid the real estate tax on thereon
while the same has not been occupied by any person –
to have a free patent issued to him for such tract or
tracts of such land not to exceed 12 hectares
December 31, 2020 – extension of availing the benefits of Chapter
VIII (on free patents) as amended by RA No. 9176
F. ISSUANCE OF FREE PATENT FOR RESIDENTIAL LOTS
UNDER RA NO. 10023 (March 9, 2010)
“Any Filipino citizen who is an actual occupant of a residential
land may apply for a free patent title, provided that in:
 i. highly urbanized cities, the land should not exceed
200sqms;
ii. in other cities, it should not exceed 500sqms;
iii. in first class and second-class municipalities, it
should not exceed 750sqms;
iv. in all other municipalities, it should not exceed
1,000sqms – and provided further that the land applied
for is not needed for public service or public use.
 Covers all lands that are zoned as residential areas,
including townsites defined under CA141, include
zoned residential areas located inside a delisted
military reservation or abandoned military camp,
and those of local government unit (LGUs) or
townsites which preceded RA 7586 (National
Integrated Protected Areas System [NIPAS] Act)
Supporting documents for the application
a. Map based on an actual survey conducted by a licensed
geodetic engineer and approved by the DENR;
b. Technical description of the land applied for;
c. Supporting affidavit of 2 disinterested persons residing in
the barangay of the city or municipality where the land is
located, attesting to the truth the facts contained in the
application, to the effect that the applicant has either by
himself or through his predecessors-in-interest,
ACTUALLY RESIDED ON AND CONTINUOUSLY
POSSESSED AND OCCUPIED, under the bona fide
claim of acquisition of ownership, the land applied for at
least 10 years and has complied with the requirements
prescribed in Section 1 of the Act.
WHERE SHALL THE APPLICATION FOR PATENT UNDER
RA 10023 BE FILED?
than agricultural, AND IS OPEN TO DISPOSITION OR
CONCESSION be disposed in Chapter IX and not otherwise.
Lands disposable under TITLE III (Section 59, Title III, CA 141)
a. Lands reclaimed by the government by dredging, filling, or
other means;
b. Foreshore;
c. Marshy lands or lands covered with water bordering upon
the shores or banks of navigable lakes or rivers;
d. Lands not included in any of the foregoing classes.
1) MODESOF DISPOSITION; SALE OR LEASE
TO WHOM WILL LANDS BE LEASED OR SOLD? (as the case
may be)
 TO ANY PERSON, CORPORATION, OR
ASSOCIATION AUTHORIZED TO PURCHASE
OR LEASE PUBLIC LANDS FOR
AGRICULTURAL PURPOSES
CAN PRIVATE CORPORATIONS LEASE PUBLIC LANDS?
 UNDER THE CONSTITUTION (SEC. 3, ART. XII,
CONSTITUTION) PRIVATE CORPORATIONS
MAY ONLY LEASE ALIENABLE LANDS OF
LAND OF THE PUBLIC DOMAIN
WHAT IS THE PRESCRIPTIVE PERIOD OF THE LEASE?
 A PERIOD NOT EXCEEDING 25 YEARS,
RENEWABLE FOR NOT MORE THAN 25
YEARS

With the COMMUNITY ENVIRONMENT AND NATURAL HOW MUCH OF AN AREA IS ALLOWED FOR LEASE?
RESOURCES OFFICE (CENRO) of the DENR
1,000 HAS – private corporation
a. CENRO processes the application within 120 days to 500 HAS – any individual Filipino citizen
include compliance with the required notices and other
legal requirements, and forward his recommendation to the OR acquire not more than 12 has thereof by purchase, homestead or
Provincial Environment and Natural Resources Office grant.
(PENRO);
NOTE:
b. PENRO have 5 days to approve or disapprove the
patent; i. Lands under A, B, and C – be disposed to private
parties by lease only
c. If approved, patent shall be issued;
 As soon as the PRESIDENT, upon
d. In case of conflicting claimants, parties may seek the RECOMMENDATION by the SECRETARY of the
proper judicial remedies. DENR, shall declare that the lands ARE NOT
NECESSARY for the PUBLIC SERVICE and ARE
OPEN TO DISPOSITION
G. CLASSIFICATION AND DISPOSITION OF LANDS FOR
RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL ii. Land in class D – be disposed of by SALE or LEASE
PURPOSES under the provisions of CA 141

Chapter IX, Title III, CA 141 provides:
“any tract of land of the public domain which, being neither timber
nor mineral land, is intended to be used for residential purposes or a.
for commercial, industrial, or other productive purposes other
 CONDITIONS ON SALE OF LANDS UNDER
CLASS D
Purchaser shall make permanent improvements appropriate
for the purpose for which the land is purchased;
 b. Commence work of the lands within six months from the
receipt of the order of award; and
c. Shall complete the construction of said improvements
within 18 months from the date of such award – if the
opposite is done the SECRETARY OF THE DENR MAY
RESCIND THE CONTRACT;
d. Purchase price be paid in cash or in equal annual
installments, not to exceed ten;
e. CONTRACT OF SALE MAY CONTAIN other conditions
NOT INCONSISTENT with the provisions of CA 141 (as
amended by RA 293)
iii. Foreshore lands, submerged areas and reclaimed lands
are inalienable unless converted by law into alienable
and disposable lands of the public domain – not until
they are converted into patrimonial property of the
State;
iv. Reclaimed lands may be the subject of lease under the
conditions provided by law.
Foreshore land – a strip of land that lies between the high and
low water marks and that is alternately wet and dry according to
the flow of the tide.
2) CONDITIONS OF THE LEASE
Lu Do and Lu Ym Corp. vs Aznar Brothers Realty Co: The Court
held:
“the failure to comply with the condition for the construction of
improvements does not automatically give rise to the rescission of the
lease contract… The DENR Sec subject to the conditions as he may
prescribe, waive the rescission arising from a violation of the
conditions of subsection (d), or extend the time within which the
construction of the improvements shall be commenced and
completed.
Where land has been subject of a foreshore lease application, even if
land has subsequently ceased to be a foreshore because it has been
converted into a commercial or industrial land shall not result in the
revocation of the lease.
Why? Since the land was a foreshore land at the time the
application was filed, the right to lease the same should still be
awarded to the applicant.
H. LANDS FOR RESIDENTIAL, COMMERCIAL OR
INDUSTRIAL PURPOSES SHALL BE DISPOSED OF
THROUGH ORAL BIDDING; EXCEPTION (DIRECT SALE)
i. Adjudication be made to the highest bidder.
Exception to oral bidding:
 Sealed bidding (for sale or lease), if applicant for
bidding has made improvements on the land by virtue
of a permit issued to him by competent authority
ii. If all parts of the lands remained unleased or unsold,
Director of Lands shall from time to time announce
in the Official Gazette, or in any other newspapers of
general circulation, the lease or sale of those lots, if
necessary.
Exception to bidding: (RA 730)
Disposition of lands of the public domain by private sale instead of
bidding, if:
a. The applicant has in his favor the conditions specified
therein, and
b. The area applied for is not more than 1,000sqms
Who may qualify to this direct sale of 1,000sqms land of the
public domain?
a. Filipino citizen of legal age;
b. Not owner of a home lot in the municipality or city where
he resides;
c. Have established in good faith his residence on a parcel of
public land which is not needed for public service; and
d. Have constructed his house and actually resided therein
If the applicant complied to the above requirements, he shall be
given preference to purchase at a private sale not more than
1,000sqms of land at a price FIXED BY THE DIRECTOR OF
LANDS – this is a preference given by Sec. 1 RA 730 to purchase
alienable public lands suitable for residential purposes.
I. SALE OF LANDS WITHIN MILITARY
RESERVATIONS
When can there be sale of lands within the military reservations?
 When declared by the PRESIDENT as NO LONGER
NEEDED FOR MILITARY PURPOSES
Function of the Director of Lands in the sale of lands within
military reservations
a. Subdivide the lands;
b. Sell it to persons qualified to acquire agricultural public
lands under CA 141, with priority to the BONA FIDE
OCCUPANTS and then to WAR VETERANS;
c. Determines the area of each lot subject for sale according to
the nature of the land, the prospective applicants, and the
purpose for which it will be utilized.
J. CONCESSIONS OF LANDS FOR EDUCATIONAL,
CHARITABLE AND OTHER SIMILAR ONES
Who may open lands subject for concessions for educational,
charitable and other similar ones?
 The PRESIDENT upon the RECOMMENDATION of
the DENR SECRETARY
How?
 By executing contracts in favor of the same, in the
form of:

a. Donation;
b. Lease;
c. Exchange;
d. Or any other form, under the terms and
conditions to be inserted in the contract.
When can the President open lands for concession under the said
mentioned purposes?
 Whenever any province, municipality, or other branch
or subdivision of the government shall need any
portion of the land of the public domain open to
concession for educational, charitable and other
similar purposes
What is the limitation imposed to these concessions?
 It cannot be encumbered or alienated in any way
What are the exceptions to this limitation?
 When the public requires their being leased or
exchanged, with the approval of the President, for
other lands belonging to private parties, or if the
Congress disposes otherwise.
Can any tract of public lands be sold or leased for the purpose of
founding a cemetery, … philanthropical or scientific research?
 YES, subject to the condition as required for the sale
and lease of agricultural public land – the requirement
as to cultivation may be waived by the DENR Sec’
 The area subject to sale or lease may actually and
reasonably necessary to carry out such purpose.
 Sale or lease may be done without public auction as
the DENR Sec sees fit and price/rental is fixed by the
same
 Limitations are imposed as to the sell, transfer,
encumbrance or lease of the land for any purpose other
than that contemplated in the application for sale or
lease, by the purchaser or lessee or by their successors
or assigns
 Violations to the above conditions shall give rise to
the immediate rescission of the sale or lease and the
forfeiture to the government of all existing
improvements.
K. RESERVATIONS
1) TOWNSITES
When can there be a reservation for a townsite?
 Whenever it shall be considered to be in the public
interest to found a new town.
Process of townsite reservation
a. The DENR Sec shall direct the DIRECTOR OF LANDS
(DOL) to have a survey of the exterior boundaries of the
site on which such town is to be established
b. After survey is completed, DOL shall send the survey result
to the DENR SEC with his recommendations
c. If he approves recommendations, DENR SEC submits the
matter to the PRESIDENT
d. The PRESIDENT may issue a proclamation reserving the
land surveyed, or such part thereof as he may deem
proper, as a townsite
e. A certified copy of the proclamation shall be sent to the
DIRECTOR and another to the REGISTER OF DEEDS of
the province in which the surveyed land lies
f. DIRECTOR shall record the proclamation of the President
and the survey accompanying the same;
g. DIRECTOR after completing all the legal proceedings
required by law (Chapter XIII, CA 141) shall direct a
subdivision of the townsite.
2) RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC
PURPOSES
What provision of CA 141 governs the establishment of
reservations for public and semi-public purpose?
 Chapter XII
When can there be a reservation for public and semi-public
purposes?
 When the public interest requires it
WHO are involved in the process of this type of reservation and
HOW are they involve?
a. PRESIDENT OF THE PHILIPPINES – may designate
by PROCLAMATION any tract or tracts of land of the
public domain as reservations for the use of the REPUBLIC
OF THE PHILIPPINES, or any of its branches, or of the
inhabitants thereof, in accordance with the regulations
prescribed for this purpose.
b. DENR SECRETARY – recommends the President about
the said reservations
c. DIRECTOR OF LANDS
c.1. records the certified copy of every proclamation of the President
issued under the provisions of Chapter XII, and will forward a copy
of the same to the REGISTER OF DEEDS of the province or city
where the land lies;
c.2. upon receipt of the certified copy of every proclamation, SHALL
ORDER IMMEDIATE SURVEY OF THE PROPOSED
RESERVATION, if the land has not yet been surveyed;
c.3. if the plat is completed, he shall proceed in accordance with the
next following section (under CA 141).
 3) PROVISIONS COMMON TO RESERVATIONS

a. The tract or tracts of land reserved (under Sec 83, Art. XII,
CA141) shall not be subject to occupation, entry, sale,
lease, or other disposition until again declared alienable
under the provisions of this Act (CA 141) or by
PROCLAMATION of the PRESIDENT

b. If ALL LANDS included in the proclamation of the

President ARE NOT REGISTERED under the Land
Registration Act or Property Registration Decree (PD
1529), the SOLGEN, UPON RECOMMENDATION OF
THE DENR SEC, shall proceed in accordance with the
provision of Sec 53 (under Judicial Confirmation of Title)
of the Act (CA 141) which is akin to a COMPLUSORY
JUDICIAL (CADASTRAL) PROCEEDING for the
settlement and adjudication of title to lands.

12. SPECIAL PATENTS

What is a special patent?

 It is a patent to grant, cede, and convey full ownership

of alienable and disposable lands formerly covered by
a reservation or lands of the public domain

 It is a matter of ordinary land registration practice

When can a special patent be issued?

 Upon the promulgation of a special law or act of

Congress or by the DENR SEC as AUTHORIZED
by an executive order by the President

What is important to take note in the definition of special patent?

 That it is a grant by law of a property of the Republic

for the full ownership of the grantee while the
classification of the land is NOT AT ALL
DECISIVE IN SUCH DESCRIPTION

WHY? Since the “special law or act of Congress” or

the “Executive Order” may classify the subject land
differently.

EFFECT – the DENR through the Reservation and

Special Land Grants Section of the Land Management
Division, is tasked to issue special patents in favor
of “GOVERNMENT AGENCIES PURSUANT TO
SPECIAL LAWS, PROCLAMATIONS, AND
EXECUTIVE ORDERS.”

EXAMPLE OF SPECIAL PATENT

 The issuance by the President on January 9. 1988 to

the PUBLIC ESTATES AUTHORITY (PEA), now
PHILIPPINE RECLAMATION AUTHORITY (under
PD No. 1085), over 3 reclaimed islands known as
the FREEDOM ISLANDS located in MANILA
BAY and pursuant to which the REGISTER OF
DEEDS issued TCT NOS. 7309, 7311, and 7312 in
the name of PEA.