CA – 141, as amended

THE PUBLIC LAND ACT OF 1936

CLASSIFICATION OF LANDS OF PUBLIC DOMAIN

UNDER THE PUBLIC LAND ACT (ATM)

1) Alienable / disposable ❖Agricultural

❖Residential, commercial, industrial
❖Educational, charitable
❖Town sites and for public and quasi – public uses
2) Timber Lands – Inalienable
3) Mineral Lands - Inalienable

CLASSIFICATION OF PUBLIC LAND ACT

PUBLIC LANDS

INALIENABLE ALIENABLE

Lands of the Public Domain Public Agricultural Lands

• If patent or title is issued for ALIENABLE LANDS, such as patent or title is void. Not
subject to a ACQUISITIVE PRESCRIPTION; even if in possession for long time, will not
ripen into a ownership

• TAKE NOTE:
Only those classified as ALIENABLE LANDS can be disposed of for patent or title.

EXECUTIVE POWER TO CLASSIFY

• The classification of public lands is a function of the EXECUTIVE BRANCH of the

government.

• The PRESIDENT upon the recommendation of the SECRETARY OF DENR will have to
first classify lands of public lands as Alienable and Disposable (agricultural lands) before it
could be open to disposition or concession.

DELEGATED FUNCTIONS

LAND MANAGEMENT • Administration and distribution of public lands, land

BUREAU DIRECTOR classification and release of lands of the public domain as
OF LANDS Alienable or Disposable (A and D)
• Approved survey plans for original registration on purposes

REGIONAL EXECUTIVE • Signs patents for 5 – 10 hectares for homestead and free
DIRECTOR RED patents

REGIONAL • Approves and signs maps and plans for public land
TECHNICAL subdivision, cadastral and isolated surveys,
DIRECTOR RTD • Approves political boundary surveys

PROVINCIAL, • Signs patents for areas up to 5 hectares for homestead and

ENVIRONMENT AND free patent
NATURAL • Issuance of certificate whether timber land or A and D (above
RESOURCES OFFICER 50 hectares)
(PENRO)

COMMUNITY • Issue survey orders to conduct isolated surveys and for

ENVIRONMENT AND subdivision of cadastral survey lots for patented and
NATURAL unpatented land
RESOURCES OFFICER • Issuance of certificate whether timber land or A and D (below
(CENRO) 50 hectares)

INALIENABLE LANDS (NON – REGISTRABLE)

1. Intended for public use such as roads, canals, torrents, ports, bridges constructed by the
state.
2. Patrimonial property of the state ( ex. Friar lands)
3. Forest lands (PD 705, Revised Forestry code)
4. Watersheds
5. Mangrove swamps
6. Mineral lands (RA 7942, Philippines Mining Act of 1995)
7. National Parks (RA – 7586, NIPAS ACT)
8. Foreshore lands and Reclaimed lands
9. Submerged Areas
10. Military or naval reservation
11. Waters (PD 1067 – Water code of the Philippines)
- rivers and their natural resources
- continuous or intermittent waters of springs and brooks running in their natural beds
- natural lake and lagoons
- surface waters such as from rainfall
- atmospheric water
- subterranean water or ground waters
- seawater
- creeks

RA 274

AN ACT AUTHORIZING THE DIRECTOR OF LANDS TO SUBDIVIDE THE LANDS

WITHIN MILITARY RESERVATIONS BELONGING TO THE REPUBLIC OF THE
PHILIPPINES WHICH ARE NO LONGER NEEDED FOR MILITARY PURPOSES, AND
TO DISPOSE OF THE SAME BY SALE SUBJECT TO CERTAIN CONDITIONS.

• First priority shall be given to the bona fide occupants of such lands and thereafter to war
veterans of the past war including members of the USAFFE, recognized guerrillas, and
deserving members of unrecognized guerilla organizations.

MODES OF DISPOSITION OF LANDS

A. Homestead Settlement
B. Sale (public and direct sale)
C. Lease
D. Confirmation of Imperfect or Incomplete Title
1. Judicial legalization
2. Administrative legalization (free patent)

HOMESTEAD SETTLEMENT

GOAL:

- Benevolent intention of government to distribute disposable agricultural lands to destitute

citizens for their home and cultivation

QUALIFICATION OF APPLICANTS:

• Only for citizens of the Philippines over 18 Years of age or the head of the family.

• Not exceeding 12 hectares

• Must have cultivated 1/5 of the land continuously for at least one year upon the approval of
the application

• When a homesteader has compiled with all the terms and conditions which entitle him to tract
of land, he acquires a vested interest and is regarded as the owner of the said land.

• Cannot be alienated within 5 years from the issuance of the patent, and for a term of 20 years
thereafter without the consent of the DENR SECRETARY.

JUDICIAL CONFIRMATION OF IMPERFECT TITLES DUE TO UNPERFECTED

SPANISH GRANTS

• Actual physical possession, open and continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the public domain since June 12, 1945
(ownership based on adverse possession)

PRESIDENTIAL DECREE NO. 892

DISCONTINUANCE OF THE SPANISH MORTGAGE SYSTEM OF REGISTRATION

AND OF THE USE OF SPANISH TITLES AS EVIDENCE IN LAND REGISTRATION
PROCEEDINGS

• Spanish titles to lands which have not yet been thought under the operation of the Torrens
system, being subject to prescription, are now ineffective to prove ownership unless
accompanied by proof of actual possession.

• The system of registration under the Spanish mortgage law is discontinued, and all lands
recorded under said system which are not yet covered by torrens title shall be considered as
unregistered lands.

FREE PATENTS (ADMINISTRATIVE LEGALIZATION)

• Any natural born citizen of the Philippines who is in actual physical possession, open and
continuous by himself or through his predecessors a tract of agricultural public lands for at
least 30 years or 10 years (zoned residential areas) and shall have paid the real estate tax and
does not own more than 12 hectares of land.
• Supported by a survey plan approved by DENR and corresponding technical description
• Affidavit of two (2) disinterested persons who are residents of the barangay where the land is
located
• Land applied for is not intended for public service or public use
• May not be sold within 5 years from the issuance of the patent

REVERSION OF THE LAND

• Reversion is an action filed by the government as the grantor against the grantee, through the
OFFICE OF THE SOLICITOR GENERAL as its lawyer (OSG), to restore public land
fraudulently awarded and disposed of to private individuals or corporations to the mass of the
public domain (i.e. selling of free patent land within prohibition period)

REPUBLIC ACT NO. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL
LANDS

• Qualifications

- Any Filipino citizen who is an actual occupants of a residential land may apply
for Free patent title

• Provided

- That in Highly Urbanized cities, the land should not exceed two hundred (200)
square meters
- Other cities, it should not exceed five hundred (500) square meters
- In First class municipalities, it should not exceed one seven hundred fifty (750)
square meters
- And all Other municipalities, it should not exceeded one thousand (1000) square
meters
• That the land applied for is not needed for the public service and / or public use.

COVERAGE

• This ACT Shall cover all lands that are zoned as residential areas, including townsites as
defined under the PUBLIC LAND ACT; provided that one of the provision of Presidential
Decree No. 705 shall be violated

APPLICATION

• The application on the land applied for shall be supported by a MAP BASED ON AN
ACTUAL SURVEY conducted by a licensed geodetic engineer and approved by the
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) and a
technical description of the land applied for.

• Supporting affidavit of TWO (2) DISINTERESTED PERSONS who are residing in the
barangay of the city or municipality where the land is located, attesting to the truth of the facts
contained in either by himself or through his predecessor in interest actually resided on and
continuously possessed and occupied under a bona fide claim of acquisition of ownership, the
land applied for AT LEAST TEN (10)YEARS.

PERIOD OF APPLICATION

• All applications shall be filed immediately after the effectivity of this act before the
COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE (CENRO) of the
DENR.

• The CENRO is mandated to process the application within ONE HUNDRED TWENTY
DAYS (120) to include compliance with the required notices and other legal requirements, and
forward this recommendation to the PROVINCIAL ENVIRONMENT AND NATURAL
RESOURCES OFFICE (PENRO), who shall have FIVE (5) DAYS TO APPROVE OR
DISAPPROVE THE PATENT.

• In case of approval, a patent shall be issued; in case of conflicting claims among different
claimants; the parties may seek the proper judicial remedies.

RA 8371
THE INDIGENOUS PEOPLES RIGHT ACT OF 1997 (IPRA LAW)

IPRA LAW IS AN EXCEPTION TO REGALIAN DOCTRINE

• The state shall protect the rights of ICCs / IPs to their ancestral lands domains to ensure their
economic, social and cultural well being and shall recognize the applicability of customary
laws governing property rights or relations in determining the ownership and extent of
ancestral domain.

ANCESTRAL LANDS

• Land occupied, possessed and utilized by individuals, families and clans who are members of
the ICCs / IPs since time immemorial, by themselves or through their predecessors in interest,
under claims of individual or traditional group ownership, continuously, to the present,
including, but not limited to, residential lots, rice terraces or paddies, private forest, swidden
farms and tree lots.

CERTIFICATE OF ANCESTRAL DOMAIN TITLE (CADT)

• Refers to a title formally recognizing the rights of possession and ownership of ICC’s /IPs
over their ancestral domains identified and delineated in accordance with this law

• All lands certified to be ancestral domains shall be exempt from real property taxes, specially
levies, and other forms of exaction except such portions of the ancestral domains as are
actually used for large scale agriculture, commercial forest plantation and residential purposes
and upon titling by other by private person.

OPTION TO SECURE CERTIFICATE OF TITLE UNDER COMMONWEALTH ACT OF

141

• Individual members of cultural communities, with respect to individually owned ancestral

lands who, by themselves or through their predecessors in interest, have been in continuous
possession and occupation of the same in the concept of owner since the immemorial or for a
PERIOD OF NOT LESS THAN THIRTY (30) YEARS immediately preceding the approval of
this act uncontested by the members of the same ICC’s / IPs shall have the option to secure
title to their ancestral lands.

• For this purpose, said individually owned ancestral lands, which are agricultural in character
and actually used for agricultural, residential, pasture, and tree farming purposes, including
those with a slope of EIGHTEEN (18) PERCENT or more, are hereby classified as
ALIENABLE OR DISPOSABLE agricultural lands.

NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

• Office created under this ACT, which shall be under the office of the president, and which
shall be the primary government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of ICCs / Ips.

COMPOSITION OF NCIP

• Shall be composed of SEVEN (7) commissioners belonging to ICCs / Ips, ONE (1) of whom
shall be the CHAIRPERSON. The Commissioner shall be appointed by the President of the
Philippines from a list of recommendees submitted by authentic ICCs / IPs; Provided, that the
seven (7) commissioner shall be appointed specifically from each of the following
ethnographic areas: Region 1 and the Cordilleras, Region 2; the rest of Luzon; Island Groups
including Mindoro, Palawan, romblon, panay and the rest of the Visayas; northern and western
Mindanao; southern and Eastern Mindanao; and central Mindanao; provided, that at LEAST
TWO (2) of the seven (7) COMMISSIONERS SHALL BE WOMEN.

FUNCTION OF NCIP

• In cases of conflicting interest, where there area ADVERSE CLAIM within the ancestral
domains as delineated in the survey plan, and which cannot be resolved, the NCIP shall hear
and decide, after notice to the proper parties, the disputes arising from the delineation of such
ancestral domains: Provided, that if dispute is between and/ or among ICCs/IPs regarding
traditional boundaries of their respective ancestral domains, customary process shall be
followed.
 ANCESTRAL DOMAINS OFFICE(ADO)

• The Ancestral Domain Office shall be responsible for the identification, delineation and
recognition of ancestral land/domains.

• It shall also issue, upon free and prior informed consent of the ICCs/IPs concerned,
certification prior to the grant of any license, lease or permit for the exploitation of natural
resources affecting the interest of ICC/IPs in protecting territorial integrity of all ancestral
domains.

ANCESTRAL LAND DELINEATION PROCESS

• Proof of Ancestral Domain Claims shall include the testimony of elders or community under
oath, and other documents directly or indirectly attesting to the possession or occupation of the
area since time immemorial by such ICCs/IPs in the concept of owners shall be any one (1) of
the following authentic documents:

1. Written accounts of the ICCs/IPs customs and traditions;

2. Written accounts of the ICCs/IPs political structure and institution;
3. Pictures showing long term occupation such as those of old improvements, burial grounds,
sacred places and old villages;
4. Historical accounts, including pacts and agreements concerning boundaries entered into by
the ICCs/IPs concerned with other CCs/IPs;
5. Survey plans and sketch maps;
6.Anthropological data;
7. Genealogical surveys;
8. Pictures and descriptive histories of traditional communal forest and hunting ground;
9. Pictures and descriptive histories or traditional landmarks such as mountain, rivers, creek,
ridges, hills, terraces and the like; and
10. Write-ups of names and places derived from the native dialect of the community

CONSULTATIVE BODY

• A body consisting of the traditional leaders, elders and representatives from THE WOMEN
AND YOUTH SECTORS of the different ICCs / IPs shall be constituted by the NCIP from
time to time to advise it on matters relating to the problems, aspirations and interest of the
ICCs / Ips.

ACTIVITY # 2

1. In your own words, EXPLAIN the difference between;

❖ JUDICIAL LEGALIZATION
❖ ADMINISTRATIVE LEGALIZATION
2. Is it still necessary that DENR shall approve the ALIENATION or TRANSFER of the
homestead? Explain your answer
3. The cancellation of the Free patent is between the grantor and the _____? And why you
choose that letter,explain it.
a. DARAB
b. DENR d. LRA / ROD
c. APPLICANT / GRANTEE
4. Which agency of the government can bring action in court in order to REVERT a private
land back to the government?