Chapter III Original Registration
Ordinary Registration Proceedings
APPLICATIONS
1. Purpose of the Torrens system of registration
● The primary purpose of the Torrens system of registration is to decree land
titles that shall be final, irrevocable, and undisputable. Incontestability is the
goal.
● A certificate of title is the best proof of ownership of land. The title once
registered, is notice to the world.
● The general rule that the direct result of a void contract cannot be valid is
inapplicable when the integrity of the Torrens system is involved. Thus, a
void certificate of title cannot be cancelled in a proceeding not instituted for
the purpose.
2. Registration only confirms ownership
● A decree of registration merely confirms, but does not confer, ownership.
● The primary purpose of the Torrens system is the registration of title which
the applicant has and to relieve his land of unknown liens or claim, just or
unjust, against it.
● The Torrens system of land registration is a system for the registration of
title to land only, and not a system established for the acquisition of land.
● Placing a parcel of land under the Torrens system does not mean that
ownership thereof can no longer be disputed. Ownership is different from
certificate of title. While the certificate of title may be considered the best
proof of ownership, the mere issuance thereof does not foreclose the
possibility that the property may be under co-ownership with persons not
named in the certificate or that the registrant may only be a trustee or that
other parties may have acquired interest subsequent to the issuance of the
certificate of title.
3. System of Registration
● Registration means any entry made in the books of the registry, including
both registration in its ordinary and strict sense, and cancellation,
annotation, and even marginal notes. In its strict acceptation, it is the entry
made in the registry which records solemnly and permanently the right of
ownership and other real rights.
● 2 systems of registration:
a. For registered lands under PD No. 1529 (Property Registration
Decree)
b. For unregistered lands under Act No. 3344
● Registration of instruments must be done in the proper registry in order to
bind the land.
● Accordingly, if a land covered by a Torrens title is sold, but the sale is
registered under Act No. 3344 and not under PD No. 1529, the sale is not
considered registered and the registration of the deed does not operate as
constructive notice to the whole world.
● On the other hand, Act No. 3344 provides for the system of recording of
transactions over unregistered real estate without prejudice to a third party
with a better right.
4. Laws governing land registration
A. Public Land Act (CA No. 141)
● Governs the judicial confirmation of imperfect or incomplete tiles
on the basis of possession and occupation of alienable portions of
public domain in the manner and for the length of time required
by law.
● Relevant provisions are Sec. 47-57, Chapter VIII of the Act
B. Property Registration Decree (PD No. 1529)
● A codification of all laws relative to registration of property, and
“supersedes all other laws relative to registration of property.”
● It has substantially incorporated the provisions of Act. No. 496, or
the Land Registration Act. Sec. 14, par. 1-4 enumerates the
persons who may apply for registration and the conditions
thereof.
C. Cadastral Act (Act No. 2259)
● An offspring of the systems of registration under the Land
Registration Act. It aims to serve public interests by requiring that
“the title to any land be titled and adjudicated.”
● It may be noted that the salient provisions of in da Cadastral Act
have now been carried over in the present Property Registration
Decree, particularly in Secs. 35 - 38 of the Decree.
D. Indigenous Peoples Rights Act (RA 8371)
● Recognizes the rights of ownership and possession of indigenous
cultural communities or indegenous peoples (ICCs/IPs) to their
ancestral domain and ancestral land on the basis of native title, and
defines the extent of these lands and domains
● For purposes of registration, the IPRA expressly converts ancestral
lands into public agricultural lands, and individual members of
cultural communities, with respect to their individually-owned
ancestral land, shall have the option to secure a Torrens title to
their ancestral lands.
● This option is limited to ancestral lands only, not domains, and
such lands must be individually, not communally, owned.
5. Registration proceedings are judicial and in rem; distinguished from proceedings in
personam and quasi in rem
● A land registration court’s decision ordering the confirmation and
registration of the title being the result of a proceeding in rem, binds the
whole world.
● A proceeding in personam which is a proceeding to enforce personal rights
and obligations against a person although it may involve his right to, or the
exercise of ownership of, specific property. Actions for recovery of real
property are in personam.
● Actions quasi in rem deals with the status ownership or liability of a
particular property but which are intended to operate on these questions
only as between the particular parties to the proceedings and not to
ascertain or cut off the rights or interest of all possible claimants.
Judgements are binding only upon the parties who joined in the action.
Registration under PRD
Sec. 14 (1) PRD
Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
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 duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have been in
open, continuous, exclusive and notorious possession and occupation of alienable
and disposable lands of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by prescription under the
provision of existing laws.
(3) Those who have acquired ownership of private lands or abandoned river beds by
right of accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for by
law.
Where the land is owned in common, all the co-owners shall file the application
jointly.
Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should
the period for redemption expire during the pendency of the registration
proceedings and ownership to the property consolidated in the vendee a retro, the
latter shall be substituted for the applicant and may continue the proceedings.
A trustee on behalf of his principal may apply for original registration of any land
held in trust by him, unless prohibited by the instrument creating the trust.
Who may apply
● Each paragraph of Sec. 14 refers to a distinct type of application depending on the
applicable legal ground. Since each type is governed by its own set of legal principles,
the framework for analysis to be used would vary depending on the paragraph
invoked.
1. Co-owners shall file application jointly
● Art. 493. Each co-owner shall have the full ownership of his part and of the
fruits and benefits pertaining thereto, and he may therefore alienate, assign
or mortgage it, and even substitute another person in its enjoyment, except
when personal rights are involved. But the effect of the alienation or the
mortgage, with respect to the co-owners, shall be limited to the portion
which may be allotted to him in the division upon the termination of the co-
ownership. (399)
● Since a co-ownership cannot be considered a true owner of a specific
portion until division or partition is effected, he cannot file an application for
registration for the whole area without joining the co-owners as applicants.
2. Vendee a retro may file application in his name
● A sale with pacto de retro transfers the legal title to the vendee, and the
vendee is subrogated to all the rights and actions of the vender, subject to
the latter’s redemption.
● Having the legal title to the land, the vendee a retro has a registrable title
which may be subject of initial registration
● The right to redeem property retained by the vendor a retro should only be
noted in the decree and certificate of title that may be issued.
3. Trustee may apply for registration on behalf of his principal
● Trustor = one who establishes a trust.
● Trustor is one in whom confidence is reposed as regards property for the
benefit of another known as the Trustee.
● The person whose benefit the trust has been created is referred to as the
beneficiary of cestui que trust.
● Whoever claims an interest in registered land by reason of any implied or
constructive trust shall file with the Register of Deeds for registration a
sworn statement containing a description of the land, the name of the
registered owner and a reference to the number of the certificate of title.
● A corporation sole or “ordinary” is not the owner of the properties he may
acquire but merely the administrator and holds the same in trust for the
members. Properties acquired by the incumbent pass, by operation of law,
upon his death not to his personal heir, but to his successor in office.
1. Registration [Sec. 14(1)], PRD
Sec. 14 (1) PRD
Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have been in
open, continuous, exclusive and notorious possession and occupation of alienable
and disposable lands of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.
a. Filipino citizenship
i. Private juridical entities and Art. XII, Sec. 3, 1987 Constitution
(land in hands of private juridical entities cannot become private
land by legal fiction);
Art. XII, Sec. 3, 1987 Constitution
ARTICLE XII
National Economy and Patrimony
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. Private corporations or associations may
not hold such alienable lands of the public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands
of the public domain which may be acquired, developed, held, or leased and the conditions
therefor.
b. Land - agricultural, alienable and disposable (at time of application)
c. Applicant, by himself and predecessor-in-interest, has been in open,
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 continuous, exclusive and notorious possession and occupation thereof, in
the concept of owner (OCENPO);
d. Since June 12, 1945 or earlier;
e. Land is already by legal fiction private land
Notes: (Sec. 14 (1) PRD
Registration under Sec. 14(1)
● It pertains to original registration through ordinary registration proceedings
● The right to file the application for registration derives from a bona fide claim of
ownership going bank to June 12, 1945 or earlier
○ By reason of claimant’s (OCENPO) - open, continuous, exclusive and
notorious possession of alienable and disposable lands of public domain in
the concept of an owner
● It operationalizes sec. 48(b) of CA No. 141 (Public Land Act):
Sec. 48. The following described citizens of the Philippines, occupying lands of the public
domain or claiming to own any such land or an interest therein, but whose titles have not been
perfected or completed, may apply to the Court of First Instance of the province where the
land is located for confirmation of their claims and the issuance of a certificate of title
therefor, under the Land Registration Act, to wit:
xxx
(b) Those who by themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of alienable and disposable
lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12,
1945, or earlier, immediately preceding the filing of the application for confirmation of title
except when prevented by war or force majeure. These shall be conclusively presumed to
have performed all the conditions essential to a Government grant and shall be entitled to a
certificate of title under the provisions of this chapter.
○ It provides that for the grant of the substantive right of title to land to
qualified persons
○ It grants occupant of public land the right to judicial confirmation of their
title based on possession and occupation of an alienable and disposable land
of public domain since June 12, 1945 or earlier.
○ It is without regard to whether such land is susceptible to private ownership
at that time.
● REQUISITES/ Required under Sec. 14(1):
1. The land applied for is an agricultural pubic land already classified as
alienable and disposable land at the time of the filing of the application for
registration
2. The applicant himself has been in OCENPO under bona fide claim of
ownership
3. Such possession and occupation must commenced since June 12, 1945
● There is no legislative intent that could be associated with June 12, 1945 except that it
qualifies the requisite period of possession and occupation
● No law imposes that the land should have been declared as alienable and disposable
agricultural land as early as June 12, 1945
● The only Important element in computing the period of possession is that the land has
already been declared alienable and disposable at the time of the application for
registration
● With this, the computation of the period include the period of adverse possession prior
to the declaration that the land is alienable and disposable
Land must be already Alienable and Disposable at the time of filing of the application
● Republic v. CA and Naguit:
○ Issue: WON it is necessary under Sec. 14(1) PRD that the subject land be
first classified as alienable and disposable before the applicant’s possession
under a bona fide claim of ownership could even start
○ SC ruled: No
■ Sec. 14(1) merely requires the property sought to be registered as
already alienable and disposable at the time the application for
registration of title is filed
■ It would be absurd that all lands of public domain which were not
declared as alienable and disposable before June 12, 1945 would
not be susceptible to original registration.
■ It would render Sec. 14(1) inoperative and it would preclude the
government from reclassifying public agri land as alienable and
disposable
■ Before June 12, 1945, the Phil was not considered an independent
state
■ Presumption that the government is reserving the right to utilize
the property if the State, at the time of application is made, has
not yet deemed it proper to release the property for alienation
■ If land is classified as alienable and disposable, there is already an
intention on the part of the State to abdicate its exclusive
prerogative over the property.
● Republic v. CA
○ SC noted that to prove that the land subject of an application for registration
is alienable, the applicant must establish a existence of positive act from the
government (ex. Presidential proclamation, EO, Admin Action, investigation
reports of the Bureau of Lands, Legislative Act or statute)
What does not constitute a positive act of the government classifying land as alienable and
disposable
● A notation survey indicating that the parcel of land is inside the alienable and
disposable land of public domain
● Mere surveyor has no authority to reclassify the lands of the public domain
Proof that land is alienable and disposable
● Land of public domain, to be subject of appropriation, must be declared as alienable
and disposable either by the president or Secretary of DENR.
● Applicant must present:
○ a copy of original classification approved by DENR secretary
○ Must be certified as true copy by the legal custodian of the records.
● Republic v. Tan
○ SC ruled that it is not enough that PENRO (Provincial Environment and
Natural Resources Officer or CENRO (Community Environment and Natural
resources Office) certify that a land is alienable and disposable
○ Applicant must prove that DENR secretary had approved the land
classification
○ Must present a copy of the original classification approved by DENR
Secretary and certified as true copy of the legal custodian of official records
○ As to non-agricultural lands like forest lands, there can be no imperfect title
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 to be confirmed over lands not yet classified as disposable or alienable agri land should have been made on June 12 , 1945 or earlier because any
■ (GR:)Rules on the confirmation of imperfect title do not apply possession of land prior to such classification or reclassification produced no
■ (XPN:) until land classified as forest land is released in an official legal effect.
proclamation so taht it may form part of the disposable ○ Congress had the sole prerogative to reckon the point of requisite
agricultural land of public domain possession and occupation on June 12, 1945.
■ Forest land cannot be alienated in favor of a private persons ■ Interpretation only the plain and literal meaning of the law as
■ Possession cannot ripen to ownership written by the legislators.
■ It is non-registerable and no matter how lengthy, it cannot convert ○ Nothing in Sec. 48(b) which requires that the land subject of registration
into private property unless such land are reclassified and should have been classified as agri land since June 12, 1945 or earlier.
considered disposable ● The requirement that the land should have been classified as alienable and disposable
● Rule reiterated in Malabanan v. Republic agri land at the time of the application for registration is necessary only to dispute the
○ SC ruled that the law does not require that the land subject of registration presumption that the land is inalienable.
should have been alienable and disposable during the entire period of Classification according to ownership
possession or since June 12, 1945 ● Land is an immovable property which may be classified either:
○ It is sufficient that the land is already declared as alienable and disposable at 1. Public dominium
the time the application for registration is filed a. Public use
○ However, while the land was declared alienable and disposable on March 15, b. Public service
1982, CENRO-DENR Certification, SC sustained the dismissal of the c. Development for national wealth
application: d. Patrimonial property
■ No substantive evidence established that Malabanan have in i. No longer for public use or service
possession of the property since June 12, 1945 or earlier 2. Private ownership
■ The earliest that petitioners can date back was tax dec presented
dated 1948 Classification according to alienability
○ SC explained why Sec. 14(1) merely requires that property sought to be ● Classification of public land made under the Constitution
registrated is alienable and disposable at the time application for registration ● 1935 consti: lands of public domain classified as:
is filed: 1. Agricultural
■ At the time the application is made, the State has not deem it 2. Timber
proper to release the property for alienation or disposition 3. Mineral
■ Presumption: the government is still preserving the right to utilize ● 1973 consti: lands of public domain classified: (with reservation that the law might
the property provide other classifications)
■ However, if the State has declared it to be alienable and 1. Agricultural
disposable, there is already an intention for the State to abdicate 2. Industrial or commercial
its exclusive prerogative over it. 3. Residential
○ Also, in the case, the SC said that there is no legislative intent as to the date 4. Resettlement
June 12, 1945 except that it qualifies as the requisite period for possession 5. Mineral
and occupation 6. Timber or forest
○ Thus, the law does not impose that the land be declared alienable and 7. Grazing land
disposable at as early as June 12, 1945. ● 1987 consti:
● Republic v. Sogod Development Corp 1. Agricultural
○ The agricultural land subject of application needs only to be classified as 2. Timber or Forest
alienable and disposable as of the time of application provided that the 3. Mineral
applicant’s possession and occupation of the land dates back to June 12, 4. National parks
1945 or earlier. ● Agri lands may be further classified by law according to its use
● The classification is done exclusively by the positive act of the Executive Department
Classification of land according to ownership and alienability
● Malabanan v. Republic Requisite Character and period of possession and occupation
○ Executive department is vested with the authority to classify the lands of the ● Republic v. Alconaba
public domain ○ The intent behind the use of ‘possession” in conjunction with “occupation: is
○ Sec. 48(b) PLA in relation to Sec. 14(1) PRD presupposes that the land to emphasize the need for actual and not just constructive or fictional
subject of the application must be already classified as agricultural land of possession.
public domain in order for the provision to apply ○ Actual possession of land must not be of mere fiction and it must consist in
○ Absence of proof that the land is already classified as agricultural land of the manifestation of acts of dominion over it such as nature as the party
public domain, Regalian doctrine applies would naturally exercise over his own property.
○ Dissent: classification and reclassification of land is alienable and disposable ● Unless the Congress enacts a law or President Issues a proclamation declaring that the

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 land is no longer intended for public use or service or for development of national
wealth the land continues to be ineligible for land registration under Sec. 14(2)
○ Reason: prescription never began to run against the State
Summary of requires for registration under Sec. 14(1) PRD: (Malabanan v. Republic)
1. The applicant himself or through his predecessor -in-interest has been in possession
and occupation of the property subject of the application
2. The possession and occupation must be (OCEN) Open, continuous, exclusive and
notorious
3. The possession and occupation must be under a bona fide claim of acquisition of
ownership
4. The possession and occupation must have taken place since June 12, 1945 or earlier
5. The property subject of the application must be an agricultural land of public domain
○ This must be qualified to mean that alienable and disposable land of the
public domain in conformity with amendment introduced by PD 1073
(EXTENDING THE PERIOD OF FILING APPLICATIONS FOR
ADMINISTRATIVE LEGALIZATION (FREE PATENT) AND JUDICIAL
CONFIRMATION OF IMPERFECT AND INCOMPLETE TITLES TO
ALIENABLE AND DISPOSABLE LANDS IN THE PUBLIC DOMAIN UNDER
CHAPTER VII AND CHAPTER VIII OF COMMONWEALTH ACT NO. 141,
AS AMENDED, FOR ELEVEN (11) YEARS COMMENCING JANUARY 1,
1977) to Sec. 48(b) and ( C ) of Public Land Act to effect that the provision
only applies to alienable and disposable lands of the public domain
○ Republic v. Munoz: SC ruled that the application for imperfect tile must be
prove that:
1. Land is alienable and disposable agri lands of the public doma
2. Have OCENPO under bona fide claim of ownership either time
immemorial or since June 12, 1945
● Public lands not shown to have been reclassified as alienable agri
land or alienated to a private person by the state remain part of
alienable public domain
2. Registration under Sec. 14(2); Prescription
Sec. 14 (2) PRD
Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:
xxxxx
(2) Those who have acquired ownership of private lands by prescription under the provision of
existing laws.
a. Land - patrimonial or private in character
b. Possession must be for 10 years (in good faith) or 30 years (regardless of
good faith)
c. Not needed for public service or for development of national wealth
Notes: Sec. 14.(2)
Registration under Sec. 14(2)
● Properties of public dominium can't be acquired by prescription
● No matter how long the possession, there can be no prescription against the State
regarding public domain.
● Even cities and municipalities cannot acquire them by prescription
● (XPN:) patrimonial property of the State may be subject of acquisition through
prescription
● The following may apply registration by prescription whether personal or through their
duly authorized representatives
1. Those who have acquired ownership of private land by prescription under
the provisions of existing laws
Prescription, generally
Art. 1113, NCC
All things which are within the commerce of men are susceptible of prescription, unless
otherwise provided. Property of the State or any of its subdivisions not patrimonial in
character shall not be the object of prescription
Prescription
● One acquires ownership and other real rights through the lapse of time in the manner
and under the action laid down by law
● G.R.: all things within the commerce of men are susceptible of prescription
● Exception: Unless otherwise provided
● Non-patrimonial property of the State or its subdivision shall not be the object of
prescription
● Patrimonial property may be acquired by private persons through prescription under
Art. 14 (2)
● Declaration of alienability and disposability not enough for prescription to set up
against the State - there must be an express declaration (law/proclamation) that the
public dominion property was no longer intended for public service or the
development of the national wealth or that the property had been converted into
patrimonial
Kinds of Prescription
● Ordinary acquisitive prescription - a person acquires ownership of patrimonial
property through possession for at least 10 years, in good faith and with just title
● Extraordinary acquisitive prescription - a person’s uninterrupted adverse possession of
patrimonial property for at least 30 years, regardless of good faith or just title, ripens
into ownership pursuant to Art. 1137 NCC
● N.B. the regime of prescription under the Civil Code applies only in Sec. 14 (2), not in
Sec. 14(1)
● Good faith of the possessor - the reasonable belief that the person from whom he
received the thing was the owner thereof, and could transmit his ownership
● Just title - when the adverse claimant came into possession of the property through
one of the modes recognized by law for acquisition of ownership or other real rights,
but the grantor was NOT the owner or could NOT transmit any right
Concept of possession for purposes of prescription
● Acquisitive prescription - a mode of acquiring ownership by a possessor through the
lapse of time.
● In order to ripen into ownership, possession must be in the concept of an owner,
public, peaceful and uninterrupted (OPPU)
● Possession is OCEN when:
○ Open - patent, visible, apparent, notorious, and not clandestine
○ Continuous - uninterrupted, unbroken, and not intermittent or occasional
○ Exclusive - the adverse possessor can show exclusive dominion over the land
and an appropriation of it to his own use and benefit
○ Notorious - it is generally known and talked by the public/people in the
neighborhood
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 ● Possession in the eyes of the law does not mean that a man has to have his feet on
every sqm of ground before it can be said that he is in possession WITHOUT regard to the Civil Code Art. 1113 in relation to Art. 1137
○ Actual possession - manifestation of acts of dominion over it of such nature
as a party would naturally exercise over his own property Covers alienable and disposable land Covers private property
○ Constructive possession - General rule: possession and cultivation of a
portion of a tract of land under the claim of ownership of all is a constructive Possession and occupation required to Silent as to the required possession and
possession of all, if the remainder is not in the adverse possession of another acquire an imperfect title over an alienable occupation;
● Computation of time: the present possessor may complete the period necessary for and disposable public land must be open,
prescription by tacking his possession to that of his grantor or predecessor-in-interest continuous, exclusive, and notorious (OCEN) However, Art. 1118 NCC requires the
in character possession for purposes of prescription must
When lands of public domain become patrimonial property of the State be in the concept of an owner, public,
● For acquisitive prescription under Sec. 14(2) to commence and operate against the peaceful, and uninterrupted (OPPU)
State, the classification of land as alienable and disposable is not sufficient
● In addition to the classification, the applicant must prove that there was an express
Acts which do not constitute an effective interruption of possession
declaration either by law or presidential proclamation that the subject land is:
● Mere notice of adverse claim
○ No longer retained for public service or
● Acts declaring again the property for tax purposes and obtaining Torrens certificate of
○ The development of national wealth or
title cannot defeat another’s right of ownership acquire through acquisitive
○ The property has been converted into patrimonial
prescription
● Without such declaration by the State, the land remains to be a property of public
● Protest filed before an administrative agency and its decision
domain and not susceptible to acquisitive prescription
● N.B. ONLY in cases filed before the courts may judicial summons be issued and
● Land of public domain shall form part of patrimonial property of the State when these
interrupt possession
are:
○ Alienable or disposable
Application of Sec. 14 (2) as synthesized in Malabanan
○ No longer intended for public use/service
● Prescription under the Civil Code is recognized as a mode of acquiring ownership of
● Only when such lands have become patrimonial can the prescriptive period begin to
patrimonial property
run.
● A classification that public domain land as alienable and disposable is not sufficient to
● The period preceding the classification as patrimonial cannot be considered in
convert said land to patrimonial property
determining the completion of the prescriptive period
● There must be an express government manifestation (law/proclamation) that the
● Requisites for registration under Sec. 14 (2)
property is already patrimonial or no longer retained for public service or the
○ The land is alienable and disposable, and patrimonial property of the public
development of national wealth
domain
● Only when the property has become patrimonial can the prescriptive period for the
■ N.B. there must be an express declaration (law/proclamation) that
acquisition of property of public domain begin to run otherwise, it remains property of
the public domain property is no longer intended for public service
public domain and incapable of acquisition by prescription
or the development of the national wealth or the property has
been converted into patrimonial property
Acquisition of private lands or abandoned river beds by right of accession or accretion under
○ The applicant and its predecessors-in-interest have been in possession of the
Sec. 14 (3)
land for at least 10 years in good faith and with just title OR for at least 30
● Sec. 14 (3) refers to acquisition of ownership of private lands or abandoned river beds
years, regardless of good faith and just title
by right of accession or accretion under existing laws
○ The land has already been converted/declared as patrimonial property of the
State at the beginning of the 10/30 year period of possession
Art. 461 NCC: River beds which are abandoned through the natural change in the course of
Difference between Sec. 14 (1) and Sec. 14 (2) the waters ipso facto belong to the owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands adjoining the old bed shall have
the right to acquire the same by paying the value thereof, which value shall not exceed the
Sec. 14 (1) Sec. 14 (2)
value of the area occupied by the new bed
Registration of title on the basis of Registration of property on the basis of
POSSESSION PRESCRIPTION E.g.
A and B each owns land on the opposite sides of a river. The river changed its course, passing
Extended under PD 1529 and the Public Land Available both under PD 1529 and the Civil through the land of C. Who owns the abandoned river bed?
Act (PLA) Code
Answer: C owns the abandoned river bed, to compensate him for his loss
Under Sec. 48 (b) of the PLA, as amended, The 30-year period involves extraordinary
the 30-year period is in relation to possession prescription under the Civil Code, particularly Now, suppose the two owners, C and D, lost portions of their land. Who owns the river bed?

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Answer: C and D own the river bed in proportion to the area lost
Requisites for the application under Art. 461
1. The change must be SUDDEN in order that the old river may be identified
2. The changing of the course must be more or less PERMANENT, and not temporary
overflowing of another’s land
3. The change of river must be a NATURAL ONE, i.e, caused by natural forces and not by
artificial means
4. There must be definite ABANDONMENT by the government
5. The river must CONTINUE TO EXIST, i.e., it must not completely dry up or disappear
Ownership by right of accretion along river banks
Article 457. To the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters
● Requisites before an accretion is said to have taken place
○ The deposit be gradual and imperceptible
○ It be made through the effects of the current of water
○ That the land where accretion takes place is adjacent to the banks of rivers
● Presumption: the change was gradual and caused by accretion and erosion unless
there is evidence that the change in the course of the river as sudden or that it
occurred through avulsion
● Registration does not protect the riparian owner against the diminution of the area of
his land through gradual changes in the course of the adjoining stream
3. Registration under Sec. 14(3) – Right of Accession or Accretion
Sec. 14 (3) PRD
Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:
Xxxxx
(3) Those who have acquired ownership of private lands or abandoned river beds by right of
accession or accretion under the existing laws
a. Art. 461, Civil Code
b. Art. 457, Civil Code
Art. 461 NCC
Article 461. River beds which are abandoned through the natural change in the course of the
waters ipso facto belong to the owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands adjoining the old bed shall have
the right to acquire the same by paying the value thereof, which value shall not exceed the
value of the area occupied by the new bed. (370a)
Art. 457 NCC
Article 457. To the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters. (336)
Art. 457 requires the concurrence of 3 requisites before an accretion is said to take place:
● That the deposit be gradual and imperceptible;
● That it be made through the effects of the current water; and
● That the land where accretion takes place is adjacent to the banks of rivers
It is important to remember that:
● Alluvion must be the exclusive work of nature; Art. 47 excludes all deposits caused by
human intervention
○ There must be evidence to prove that the addition to the property was made
gradually through the effects of the current of the river
● Accretion does not automatically become registered land
○ The accretion does not become automatically registered land just because
the lot that received it is covered by a Torrens title; it must also be placed
under the operation of a Torrens title
○ To bring an area formed by accretion under the Torrens system, there must
be an application for registration filed for the purpose
● Where alluvial increment is not registered, it may be acquired by third persons
through prescription
○ In order that the accretion may be protected by the rule on imprescriptibility,
it is necessary that the same be brought under the operation of the Torrens
system
○ Where the adjoining land owner does not cause the registration of the
increment to his property, the same may be acquired by third persons
● Alluvial formation along the seashore forms part of the public domain
○ In contrast to the rule on accretion, alluvial formation along the seashore is
part of public domain and, therefore, not open to acquisition by adverse
possession by private persons
○ It is outside the commerce of man, unless formally declared otherwise by
either the executive or legislative branch of government
● A dried up river bed belongs to the State as property of public domain
4. Registration under Sec. 14(4) – Acquisition of ownership in Any Other Manner
provided by law (e.g. patents)
Sec. 14(4) PRD
Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their
duly authorized representatives:
Xxxxx
(4) Those who have acquired ownership of land in any other manner provided for by law.
Sec. 14(4) refers to acquisition of ownership in any other manner provided for by law, which
could either be a statute or an executive act
● Registration under the IPRA
○ Individual members of cultural communities, with respect to their
individually-owned ancestral lands who, by themselves or through their
predecessors-in-interest, have been in continuous possession and
occupation of the same concept of owner since time immemorial or for a
period of not less than 30 years immediately preceding the approval the Act
(October 29, 1997) shall have the option to secure title to their ancestral
7
 lands
○ The law requires that said ancestral lands must be agricultural in nature and
must actually be used for agricultural, residential, pasture, and tree farming 6. Cases
purposes a. Republic v. Remman Enterprises, Inc., GR No. 199310, Feb. 19, 2014 Republic
● Registration of foreshore and offshore areas through special patents v. Joson, GR No. 163767, March 10, 2014
○ Special patent: a form of land grant where by the government, by an act of b. Malabanan v. Republic, GR No. 179987, April 29, 2009; Resolution on motion
Congress or executive order, conveys land in full ownership to the grantee for reconsideration, Sept. 3, 2013
without regard to its classification
● Reservation for a specific public purpose by Presidential proclamation
○ Lands covered by reservation are not subject to entry, and no lawful
settlement on them can be acquired. The claims of persons who have settled
on, occupied, and improved a parcel of public land which is later included in
a reservation are considered worthy of protection and are usually respected,
but where the President, as authorized by law, issues a proclamation
reserving certain lands, and warning all persons to depart therefrom, this
terminates any rights previously acquired in such lands by a person who has
settled thereon in order to obtain a preferential right of purchase. Patents
for lands which have been previously granted, reserved from sale, or
appropriated are void.

5. Land acquisition by private corporations

General rule
Private corporations/associations are disqualified from acquiring alienable lands of the
public domain

Exception
Where at the time the corporation acquired the land, its predecessor-in-interest had
been in possession and occupation thereof in the manner and for the period prescribed
by law as to entitle him to registration in his name, then the proscription against
corporations acquiring alienable lands of the public domain (except through lease) does
not apply for the land was no longer public land but private property (Susi v Razon)

Purpose of the prohibition

● The constitutional intent is to transfer ownership of only a limited area of
alienable land of the public domain to a qualified individual
● The available alienable public lands are gradually decreasing in the face of an
ever-growing population. The most effective way to insure faithful
adherence to this constitutional intent is to grant or sell alienable lands of
the public domain only to individuals
● If the constitutional intent is to encourage economic family-size farms,
placing the land in the name of a corporation would be more effective in
preventing the break up of farm lands
● The corporation is a convenient vehicle to circumvent the constitutional
limitation on acquisition by individuals of alienable lands of the public
domain
○ If a farm land is registered under a corporation, upon the death of
the woner, his heirs would inherit his shares instead of subdivided
parcels of farmland. This would prevent the continuing break-up
of farmlands into smaller and smaller lots from one generation to
the next.
○ Without the constitutional ban, individuals who already acquired
the maximum area of alienable lands of the public domain could
easily set up a corporation to acquire more