CHAPTER IX: JUDICIAL CONFIRMATION OF IMPERFECT -When the condition specified in Sec 48(b) of the Public Land Act

TITLE are complied with, the possessor is deemed to have acquired, by

operation of law, a right to grant, without a necessity of a
A. DISPOSITION OF PUBLIC LANDS SUITABLE FOR certificate of title being issued. 

AGRICULTURAL PURPOSES. 
 -The application for the confirmation is a mere formality. For all
intents and purposes, the land is segregated from the pubic


domain because the beneficiary is conclusively presumed to have
Public lands suitable for agricultural purposes can be disposed of performed all the conditions essential to a Government grant and
only by homestead patent, sale, lease, judicial confirmation of shall be entitled to a certificate of title. 

imperfect titles, and administrative legalization or free patent. 

(Secretary of DENR vs. YAP) 
 A Positive Act Declaring Land as Alienable and Disposable is

 Required

One claiming private rights as basis of ownership must prove A positive act declaring land as alienable and disposable is
compliance with the Public Land Act which prescribes the required. In keeping with the presumption of State ownership, the
substantive as well as as the procedural requirements for Court has time and again emphasized that there must be a
acquisition of public lands. (Collado v. CA) positive act of the government, such as an official proclamation,
(Republic v. CA) declassify inalienable public land into disposable
JUDICIAL LEGALIZATION OR JUDICIAL CONFIRMATION OF land for agricultural or other purposes. (Heirs of Late Sps. Pedro
IMPERFECT OR INCOMPLETE TITLES 
 S. Palanca and Souterranea Rafola Vda. De Palanca v.
-Authorizes any citizen of the Philippines occupying lands of the Republic; Director of Lands v. IAC)

public domain or claiming to own any such land or an interest 

therein but whose titles have not been perfected or completed, -Burden of proof in overcoming the presumption of State
may apply with the RTC of the province where the land is located ownership of the lands of the public domain is on the person
for confirmation of his/her claim and issuance of a certificate of applying for registration (or claiming ownership), who must prove
title thereof under the Property Registration Decree. (Section
that the land subject alienable or disposable. (Republic v. Lao) 

50, CA 141)
-Incontrovertible evidence must be established that the land
is alienable and disposable. It must be established that there
REQUIREMENTS: 
 exists a positive act of the government such as presidential
-It must only cover an area up to12 HECTARES ONLY.
proclamation or an executive order; an administrative action;
-At least 30 years prior to the effectivity of RA No. 6940 amending investigation reports of Bureau of Lands investigators; and a
the Public Land Act, has continuously occupied and cultivated, legislative act or a statute. (Republic v. Muñoz)

either by himself or through his predecessors-in-interest, a tract -A verification from the government that the land claimed to have
or tracts of agricultural public land subject to disposition; who been possessed for the required number of years is alienable and
have have paid the real estate tax thereon while the same has not disposable. 

been occupied by any person, shall be entitled for free patent -Matters of land classification or reclassification cannot be
over such lands. (Sec 44 Chapter VII Public Land Act)
assumed. (Secretary of DENR v. Yap) (review the case)
-At present, applications may be filed prior to December 31, 2020.
(Sec 2 RA No. 9176)
Notes: 

-A positive act declaring land as alienable and disposable is -All unclassified lands, including those in Boracay Island are
required. 
 ipso facto considered PUBLIC FORESTS.
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Except for lands already covered by existing title, Boracay was an 

unclassified lands are considered public forests under P.D. No. C. POSSESSION SINCE IN TIME IMMEMORIAL

705. PD No. 705 issued by President Marcos categorized all 

unclassified lands of the pubic domain as pubic forest.
Those who by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive, and
PUBLIC FOREST- a mass of lands of the public domain which notorious possession and occupation of alienable and
has not been the subject of the present system of classification disposable lands of the public domain under a bona fide
for the determination of which lands are needed for forest
claim of ownership since June 12, 1945, or earlier, or since
purpose and which are not. 


 time immemorial. (PD 1529 Sec 14 (1) )

Forests do not necessarily refer to large tracts of wooded land or 

expanses covered by dense growth of trees and under-bushes. A TIME IMMEMORIAL- beyond the reach of memory, that is,
forested area are classified as forest land of the public domain possession which no man has seen the beginning, and the
does not lose such classification simply because loggers or existence of which is learned from the elders.
settlers may have stripped it of its forest cover. (Heirs of
(Amunategui v. Director of Forestry) 


 DIRECTOR OF LANDS V. BUYCO

Proclamation No. 1064 of 2006 declared part of Boracay as -Beyond the reach of memory, beyond human memory, or time
Alienable and opened the same to public ownership. 400 out of mind. When referring to possession, specifically
hectares of reserved forest land and 628.96 hectares of “immemorial possession,” it means possession of which no man
agricultural land. 
 living has seen the beginning, and the existence of which he has

 learned from his elders. 





While the Government has the right to classify portions of Public
B.BONAFIDE CLAIM OF OWNERSHIP Land, the primary right of a private individual who possessed and
Filipino citizens who by themselves or predecessors-in-interest cultivated the land in Good Faith much prior to such classification
have been in open, continuous, exclusive and notorious must be recognized. 

possession and occupation of agricultural land of the public (Republic v. CA, G.R. Nos. 62572-73, 15 Feb 1990) 

domain, under bona fide claim of acquisition of ownership, for at 

least 30 years, or at least since January 24, 1947, may also file an
D. POSSESSION SINCE JUNE 12, 1945 OR EARLIER 

application for original registration of title. 

There is NO substantial difference between Section 14 (1), P.D.
No. 1529 and Sec 48 (b) C.A. No. 141, as to the requirements for
Note: The 30 year period is already an old rule and was amended
original registration of title. 

by PD 1073 in which the provisions stated above shall apply


ONLY TO ALIENABLE AND DISPOSABLE LANDS OF THE
Even if the application is filed under Section 14 (1), P.D. No. 1529,
PUBLIC DOMAIN WHICH HAVE BEEN IN OPEN, CONTINUOUS,
the same may be granted if the requirements for Sec 14 (2)
EXCLUSIVE AND NOTORIOUS POSSESSION AND OCCUPATION
thereof are complied with. (Republic v. Bibonia)

BY THE APPLICANT HIMSELF OR THRU HIS PREDECESSOR-

IN-INTEREST, UNDER A BONA FIDE CLAIM OF ACQUISITION
Also see Republic v. CA G.R. No. 144057 January 17, 2005 

OF OWNERSHIP, SINCE 12 JUNE 1945.



—Where the application was filed in the year 2000 under the
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provisions of the Land Registration Act and the Public Land Act,
over a land which was declared alienable and disposable in 1925,
but the possession thereof was shown to have started only in
1948, the SC also denied the application because Sec 48 (b), CA
No. 141 still requires possession from June 1, 1945 or earlier.
(G.R. No. 177797, 4 December 2008) 
 jure and without the need of judicial or other sanction, ceases to


A Certification from the DENR that a Lot is alienable and
disposable is sufficient to establish the true nature and character
of the property and enjoy a presumption of regularity. (Tan v.
Republic) 
 The issuance of a patent had the effect of segregating the


E. PRIVATE CORPORATIONS OR ASSOCIATIONS 

Private associations or corporations may acquire lands, formerly
part of alienable and disposal lands of public domain, from
Filipino citizens who has possessed the same in the manner and
for the length of time indicated under Chapter VIII of the Public
Land Act. In Chavez v. PEA, SC opined that the constitutional
provision prohibiting private corporations from holding public
land, except by lease does not apply to reclaimed lands whose
ownership has passed on to PEA by statutory grant. 

Private Corporation may institute confirmation proceedings ovr
the land it acquired from its predecessors in interest, who, by
advance possession for more than 30 years had acquired
ownership thereof ipso jure, enabling the latter to convey title to
the corporation. (Republic v. CA 1987) 

For corporations to qualify, it is required that sixty per centum
(60%) of the capital of such corporations or associations must be
owned by Filipino citizens. (Article XII Section 2) See also Art XII
Sec 7 

DIRECTOR OF LANDS V. IAC AND ACME
If it is accepted as it must be that the land was already private
land to which the Infiels had a legally sufficient and transferable
title on October 29, 1962 when Acme acquired it from said
owners, it must also be conceded that Acme has a perfect right to
make such acquisition, there being nothing in the 1935
Constitution then in fore prohibiting corporations from acquiring
and owning private lands. 



DIRECTOR OF LANDS V. BENGZON
Open, Exclusive, and Undisputed possession of Alienable Public
Land for the period prescribed by law creates the Legal Fiction
whereby the Land, upon completion of the requisite period ipso
be Public Land and becomes Private Property. 



See also, Cariño v. IAC, Suzi v. Razon, and Herico v. DAR



said Land from the Public Domain. (Ayog v. Cusi) 



A Corporation Sole may acquire by purchase a parcel of
private agricultural land. 

A corporation sole which is composed of an overwhelming
majority of Filipinos may acquire by purchase a parcel of private
agricultural land. (Director of Lands v. CA) 



REPUBLIC V. IAC AND ROMAN CATHOLIC BISHOP OF
LUCENA
This case involves the question of whether the Roman Catholic
Bishop of Lucena, as a corporation sole is qualified to apply for
confirmation of its title to the four (4) parcels of land subject this
case. In the previous decisions of the Court, it was stated that a
determination of the character of the lands at the time of the
institution of the registration proceedings must be made. IF THEY
WERE THEN STILL PART OF THE PUBLIC DOMAIN, IT MUST BE
ANSWERED IN THE NEGATIVE. IF THEY WERE ALREADY
PRIVATE LANDS, THE CONSTITUTIONAL PROHIBITION
AGAINST THEIR ACQUISITION BY PRIVATE CORPORATION OR
ASSOCIATION OBVIOUSLY DOES NOT APPLY. 

A corporation sole is a special form of corporation usually
associated with the clergy; designed to facilitate the exercise
of the functions of ownership carried on by the clerics for an
on behalf of the Church. (Roman Catholic Apostolic
Administration of Davao Inc, v. Land Registration Commission,
et.al) 



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F. FORMER NATURAL BORN FILIPINO CITIZEN 
 disqualifies from acquiring rural land and vice versa. 

Natural born citizens of the Philippines who have lost their 

Philippine Citizenship, who have acquired disposable and Non-Filipinos may not acquire title to private lands, except by
alienable lands of he public domain from Filipino Citizens who had way of legal succession or if the acquisition was made by former
possessed the same in the same manner and for the length of Natural-born citizens. (See pertinent provisions in Article XII 1987
time indicated under Chapter VIII of the Public Land Act. 
 Constitution. 


 

A natural born citizen of the Philippines who has lost his REPUBLIC V. CA AND SPS LAPINA AND DE VEGA
citizenship may be a transferee of private land, for use by him as A foreign national may apply for registration of title over a parcel
his residence. Any natural born citizen of the Philippines who has of land which he acquired by purchase while still a citizen of the
lost his Philippine citizenship and who has legal capacity to enter Philippines, from a vendor who has complied with the
into a contract under Philippine Laws may be a transferee of a requirements for registration under the Public Land Act. (See also
private land up to maximum are of 1000 sqm (urban land) or 1 Article XII, Sec. 7 and Sec 8) 

hectare in the case of a rural land, to be used by him as his
residence. In the case of married couples, one of them may avail
of the privilege herein granted. However, if both shall avail fo the
same, the total area acquired shall not exceed the maximum area
fixed under B.P. 185. In case the transferee already owns urban or
rural lands for residential purposes, he shall still be entitled to be
a transferee of additional urban or rural lands for residential
purposes, which, added to those already owned by him, shall not
exceed the maximum areas therein authorized. (B.P. Blg. 185 Sec
1) 



A tranferee may acquire not mote than 2 lots which should be
situtated in different municipalities or cities anywhere in the
Philippines. subject to the limitations provided by law (B.P. Blg.
185 Sec 2)



RA No. 7042 as amended by RA 9179 (FOREIGN INVESTMENT
ACT OF 1991)
Any natural born citizen of the Philippines who has lost his
Philippine citizenship and who has legal capacity to enter into a
contract under Philippine Laws may be a transferee of a private
land up to a maximum area of 5,000 sqm in the case of urban
land or 3 hectares in the case of rural land to be used by him for
business or other purposes. In the case of married couples, one
of them may avail of the privilege of the said law…(same as
stated above) 



A transferee who has already acquired urban land shall be
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