Introduction to the Philippine Legal System

1. Introduction to the Philippine Legal System

- Civil Law (family relation, property, succession, contract, criminal law)
- Common Law - specific law applicable to different areas of law ( corporation
law, taxation, insurance, labor relation, banking and currency, rent control
act-specifically for leasing)

Sources of Law
a. Constitution
- 1987 Constitution- Supreme law of the land
b. Legislation
- Preparation and enactment of law by the legislative body (Congress (Statutes),
LGU (Ordinance)
c. Administrative or Executive Orders, rules and regulations, and rulings (Art. 7, NCC)
d. Judicial decisions (Art. 8, NCC)
- Judicial decisions applying or interpreting the laws or the Constitution shall form
a part of the legal system of the Philippines
e. Custom
- State shall recognize, respect and protect rights of indigenous cultural
communities to preserve and develop their cultures traditions and institutions

History of Land Laws in the Philippines

1. Regalian Doctrine (Sec. 2, Art. XII, 1987 Constitution)

- 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.
- Unclassified land in public domain is Inalienable
- Alienable and disposable: lands of public domain and patrimonial lands of the
state

2. The Public Land Acts

- Commonwealth Act 141 – present Public Land Act and is applicable to us at the
present.
Q. Who has the right to dispose of Lands of the Public Domain?
A. The Government/the State, as the owner

Q. When land is unclassified, which category will it fall under?

A. Forest Land/Timber Land
Q. Is Forest/Timber alienable?
A. No, only agricultural land is alienable.

3. Classification of Public Lands

a. Sec. 3, Art. XII, 1987 Constitution
b. Secs. 8, 9, C.A. No. 141
-- Classification of land under public domain
1. Forest/Timber
2. Agricultural Land (further classified to agri, resi, commercial, industrial,
 educational, charitable, reserved for town sites, lands for public and
quasi-public uses)
3. Mineral Land
4. National Parks
4. The Torrens System
- System where original ownership is transferred to the legal owner
- Public and private land are covered under the Torrent System
-This system provided for the creation of Court of Land Registration, Land Registration
office and appointment of Register of Deeds and place all Public land and Private land under
Torrent System.
- Created the Registry of Deeds -repository of all certificates of title to land, public or
private
· Certifies evidence of ownership of real property issued by RD in favor of the owner
- Establishes proof of ownership over public or private land in favor of the registered
owner
- Annotation – purpose is to give notice to 3rd parties that there are such transactions
(new owner, mortgage, SPA to authorized person, etc)

Classification of Property as to Owner (Art. 419, NCC)

1. Public Dominion (Art. 420, NCC)

- owned by the State/Government
2. Private Ownership (Arts. 421, 422, 424, 425, NCC)
a. Patrimonial property of the state
b. Patrimonial property of the LGU
c. Private persons
1. Natural person
2. Juridical – non-human legal entity (corporations, govt agency,
NGO)

Q. When do you become a juridical person?

A. Submit article of Partnership/or Corporation/SEC Registration/issuance of certificate of
incorporation

Classification of Property as to Mobility (Art. 414, NCC)

Art. 414. All things which are or may be the object of appropriation are considered either:

(1) Immovable or real property; or

(2) Movable or personal property. – property susceptible of appropriations and capable of
being manually seized and transported from one place to another.

Property – refers both the things and to the rights over the things. It includes anything which has
monetary value and which is within the commerce of men.

1. Three (3) tests to determine whether property is movable or not.

a. Test by descriptions – if property is capable of being carried from place to
place
 b. If such change in location can be made without injuring the real property to
which it may in the meantime be attached (test by description); and
c. Test by exclusion – superior to the test of descriptions
2. Immovable Property (Art. 415, NCC) – property which may consist of land or that which
is affixed to land or that which is immovable by law.
a. Definitions:
(1) Real Estate (Sec. 3[c], PRBRES Resolution No. 02-2010) - Real estate" refers
to the land and all those items which are attached to the land. It is the physical, tangible
entity, together with all the additions or improvements on, above or below the ground.
(2) Real Property (Sec. 3[f], PRBRES Resolution No. 02-2010) - Real property"
includes all the rights, interests and benefits related to the ownership
of real estate.

b. Classification of Immovables under Art. 415, NCC:

(1) Immovable by Nature

(2) Immovable by Incorporation
(3) Immovable by Destination
(4) Immovable by Analogy
3. Movable Property (Arts. 416, 417, NCC)
4. Sec. 3(f), R.A. 9626. - (f) "Real property" includes all the rights, interests and benefits related
to the ownership of real estate.