What are alienable and disposable lands?

The alienable and disposable lands are (a) Agricultural (b) Residential, commercial, industrial
or for similar productive purposes (c) Educational, charitable, or other similar purposes (d)
Reservations for town sites and for public and quasi-public uses.

How do you prove that a particular land is alienable and disposable?

The following documents or proofs are necessary to support that the land is classified as
alienable and disposable: a copy of the original classification approved by the DENR Secretary
and certified as true by the legal custodian of the official records, and Certificate of Land
Classification Status issued by the CENRO or PENRO based on the land classification approved
by the DENR Secretary.
Outline the procedure for cadastral proceeding. *
The cadastral survey is to be conducted by the Land Management Bureau. The Land
Management Bureau shall give notice to persons claiming any interest in the lands and to the
general public of the day of the survey, which are to be published in the Official Gazette, in the
places indicated and sent to the municipal mayor, barangay captain, sangguniang panlalawigan
and sangguniang bayan concerned. The geodetic engineers or other employees of the Lands
Management Bureau shall give advance notice to survey claimants of the date of the survey of
specific portions of the land, to be posted in appropriate places. When the lands have been
surveyed or plotted, the Land Management Bureau, represented by the Solicitor General, shall
institute original registration proceedings by filing the necessary petition in the Regional Trial
Court of the place where the land is situated against the holders, claimants, possessors, or
occupants of such lands or any part thereof. After it is filed in court, the court has to set a date for
the initial hearing, and that date of initial hearing has to undergo publication by the Land
Registration Authority for purposes of notice. Any claimant, whether named in the notice or not,
shall file an answer on or before the date of initial hearing or within such further time as may be
allowed by the court. Then it goes through hearing of the petition and finally the issuance of the
judgment for the decree of registration.
In judicial legalization of title, how is jurisdiction over the res acquired by the court?
Jurisdiction over the res is acquired by the court under legal process. By virtue of Section 2 of
PD 1529, it states that RTC shall have exclusive jurisdiction over all applications for original
registration of title to lands, including improvements and interests therein, and over all petitions
filed after original registration of title, with power to hear and determine all questions arising
upon such applications or petitions. As to the venue, Section 1, Rule 4 of the Rules of Court on
venue of real actions shall be followed.
Explain the Krivenko doctrine.

In the case of Krivenko v. Register of Deeds, “Aliens have no right to acquire any public land or private
agricultural, commercial, or residential lands. The exception of this doctrine is provided in Section 7,
Article XII of the 1987 Constitution which states that “Save in cases of hereditary succession, no private
lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.” Therefore, aliens or foreigners can apply for private or
public lands if they acquire it through intestate succession or they acquire it by operation of law.

On agrarian reform laws, differentiate the terms under P.D. 27 and R.A. 6657, as amended.
The coverage under PD 27 is private agricultural lands primarily devoted to rice and corn under a
system of sharecrop or lease-tenancy. The tenant farmer shall be deemed owner of a portion
constituting a family-size farm of 5 hectares if not irrigated and 3 hectares if irrigated. The
landowner may retain an area not more than 7 hectares. The payment is 15 years of equal annual
amortization and shall not be transferrable except by hereditary succession or to the Government.
The coverage under PD 6657 is public and private agricultural lands regardless of tenurial
arrangement and commodity produced, exceeding 5 hectares. An area of one contiguous tract or
several parcels cumulated up to a maximum of 3 hectares. The landowner may retain an area not
more than 5 hectares, and 3 hectares for each child who is at least 15 years old and is actually
tilling the land or managing the farm. The payment is 30 annual amortization and restrictions
holding period of 10 years, except through hereditary succession, or to the government, or the
LBP, or to other qualified beneficiaries.
Under PD 27, beneficiaries are issued certificates of land transfer (CLTs) to entitle them to
possess lands. Thereafter, they are issued emancipation patents (EPs) after compliance with all
necessary conditions. Such EPs upon their presentation to the Register of Deeds shall be the
basis for the issuance of the corresponding transfer certificate of title (TCTs) in favour of the
corresponding beneficiaries. Under RA 6657, the procedure has been simplified. Only
certificates of land ownership award (CLOAs) are issued, in lieu of EPs, after compliance with
all prerequisites. Upon presentation of the CLOAs to the Register of Deeds, TCTs are issued to
the designated beneficiaries. CLTs are no longer required.
Now that you have learned the different kinds of land registration proceedings (cadastral,
judicial, administrative), if you are to institute titling of your own claim over a particular
land, what method will you prefer? and why? *
I would prefer the Judicial Proceeding because it is easy to file for an application under this
mode for registration of title to land. The filing of petition for land registration shall be filed with
the Regional Trial Court of the province or city where the land is situated. The court shall, within
five days from filing of the application, issue an order setting the date and hour of the initial
hearing. The public shall be given notice of the initial hearing of the application for land
registration by means of (1) publication; (2) mailing; and (3) posting. The date and place of the
initial hearing shall be set not earlier than forty-five days nor later than ninety days from the date
of the notice. Any person claiming an interest, whether named in the notice or not, may appear
and file an opposition on or before the date of initial hearing, or within such further time as may
be allowed by the court. If no person appears and answers within the time allowed, the court
shall, upon motion of the applicant, no reason to the contrary appearing, order a default to be
recorded and require the applicant to present evidence. If the court, after considering the
evidence and the reports of the Commissioner of Land Registration and the Director of Lands,
finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall
be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof.
After judgment has become final and executory, the court shall issue an order for the issuance of
the decree of registration and the corresponding certificate of title in favor of the person
adjudged entitled to registration.
What are the amendments introduced by R.A. No. 11573?
R.A.11573 amended Sections 44, 45 and 48 of CA 141 on Free Patents. It (1) reduced the area
limit to 12 hectares, (2) reduced the number of years of possession to 20 years prior to the filing
of the application (formerly possession should be reckoned from July 4, 1945, then it was
changed to June 12, 1945, then it was reduced to 30 years), (3) removed the deadline for
application (latest of which was December 31, 2020 by virtue of RA 9176), (4) provided for
stratified level of authority for its approval (i.e. it should be filed with CENRO or PENRO, but
the approval should be 1) PENRO –below 5hectares 2) Regional Director 5-10 hectares
3)Secretary 10-12 hectares and (5) maintained the removal of the holding period as provided
under RA 11231 (Agricultural Free Patent Reform Act).