If False, state what makes it false.

What word and what book page

1. The Regalian Doctrine declares that all lands and all other natural resources are owned
by the State.
Answer: True. All lands of whatever classification and other natural resources not
otherwise appearing to be clearly within private ownership belong to the state.

2. The Regalian Doctrine is reflected in the 1987 Constitution under Article XII, Section 2
thereof.
Answer: True. Article XII, Section II of the 1987 Philippine Constitution, enshrines the
Regalian Doctrine with the state owning all lands and natural resources of the public
dominion.

3. The Regalian Doctrine provides a conclusive presumption of State ownership of the

lands of public domain.
Answer: FALSE. Regalian Doctrine provides for a disputable presumption of ownershiip
of the lands of public dominion not Conclusive.

4. According to the classification of lands under the New Civil Code,only agricultural lands
of the public domain may be alienated by the State.
Answer: True. Article XII, Section II of the Philippine Constitution, all other natural
resources shall not be alienated, with the exception of the agricultural lands.

5. Lands of the public domain are those lands intended for public use or for public service
or for the development of national wealth.
Answer: True. Provided under Article 420, Paragraph 2 of the New Civil Code of the
Philippines.

6. Lands of private ownership consist of all property belonging to private persons, either
individually or collectively, as well as the patrimonial property of the State, provinces,
cities and municipalities.
Answer: False, The patrimonial property of the state, provinces, cities and municipalities
are not included in property of private ownership under Article 425 of the New Civil Code
of the Philippines.

7. At present, the 5-year prohibition on encumbrance and alienation provided in Sec. 118 of
CA 141 is still applicable
Answer: False, it's not applicable. Republic Act No. 11231 known as “An act removing
the restrictions imposed on the registration, acquisition, encumbrances, alienation,
transfer and conveyance of land covered by free patents under Section 118, 119, and
121 of the Commonwealth Act No. 141 otherwise known as “The Public Land Act”, as
amended.

8. At present, the 5-year right to repurchase provided in Sec. 119 of CA 141 is still
applicable.
Answer:False, it's not applicable. Republic Act No. 11231 known as “An act removing
the restrictions imposed on the registration, acquisition, encumbrances, alienation,
transfer and conveyance of land covered by free patents under Section 118, 119, and
121 of the Commonwealth Act No. 141 otherwise known as “The Public Land Act”, as
amended.
9. At present, the prohibition on corporations, associations, or partnerships to acquire or
own agricultural free patents provided in Sec121 of CA 141 is still applicable.
Answer: False, it's not applicable. Republic Act No. 11231 known as “An act removing
the restrictions imposed on the registration, acquisition, encumbrances, alienation,
transfer and conveyance of land covered by free patents under Section 118, 119, and
121 of the Commonwealth Act No. 141 otherwise known as “The Public Land Act”, as
amended.

10. CA 141 is the substantive law that created the Land Registration Authority (LRA) as the
central repository of records relative to original registration.
Answer: False, Presidential Decree No. 1529 “Amending and codifying the laws relative
to registration of property and for other purposes.”
- Chapter II - The land registration commission and its registries of deeds.
- Section 6, Paragraph II, C - Be the central repository of records relative to original
registration of lands title under Torrens System, including subdivision and consolidation
plans and titled lands.

11. Under the Torrens System, one acquires ownership over a land by mere
registration.
Answer: False, Under Torrens System, registration of a piece of land does not create or
vest title. It is not a mode of acquiring ownership but merely a procedure to establish
evidence of the title over reality.

12. The Mirror Doctrine provides that a purchaser is charged only with notice of liens noted
on the title.
Answer: True, In Mirror Doctrine, purchaser charged only with notice of liens noted on
the title.

13. For one to be considered as an Innocent Purchaser for Value (IPV). it is enough
that he/she pays the full and fair price of the land sought to be purchased.
Answer: FALSE = not enough = and without notice that some other persons has a right
or interest in the land sought to be purchased

14. The Mirror Doctrine is an absolute rule admitting no exceptions.

Answer: FALSE = not absolute admitting exceptions = Page 331
● When the party has actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry
● When purchaser's has a knowledge of a defect or the lack of title in his vendor

15. A certificate of title may be an Original Certificate of Title (OCT) or a True Certificate of
Title (TCT). vb
Answer: FALSE = Transfer > Page 14

16. A certificate of title is binding only against the party from whom it is acquired.
Answer: FALSE= binds the land and is conclusive against the whole world. Page 371

17. A titled land may be acquired by adverse possession of another.

Answer: FALSE. = PD. 1529 Section 47. Registered land not subject to prescriptions.
No title to registered land in derogation of the title of the registered owner shall be
acquired by prescription or adverse possession
18. A titled land may be acquired by another through prescription.
Answer: FALSE. = PD. 1529 Section 47. Registered land not subject to prescriptions.
No title to registered land in derogation of the title of the registered owner shall be
acquired by prescription or adverse possession

19. A direct attack is an action the object of which is to nullify the certificate of title and
hence to challenge the proceeding pursuant to which the title was decreed.
Answer: FALSE. = collateral attack. Page 412
COURSE OUTLINE NOTES:
I. General Principles [See Chapters I, III(C)(II) & III(C)(III)]

● Regalian Doctrine Page 3

All Lands of whatever classification and other natural resources not otherwise appearing to be
clearly within private ownership belong to the state.

Jura Regalia - Refers to arrive which the sovereign has over anything in which a subject has a
right of property.

Sec 2, Art 12 - All lands of the public domain, water minerals, coal petroleum and other mineral
oils, all forces of potential energy fisheries, forest or timber wildlife and other natural resources
are owned by the state… All other natural resources shall not be alienated

● Classification of Lands
- Mineral, Agricultural, National Park, Timber

● Governing laws on land registration

○ P.D. 1529 or the Property Registration Decree
- Codification of all laws relative to registration of property and supersedes all other laws
relative to registration of property.

Torrens System - The most effective measure to guarantee the integrity of land titles and to
protect their indivisibility once that rhyme of ownership is established and recognized.
Purpose: To quiet title to land to put a stop forever to any question of the legality of the
title. EXCEPT:Claims which were noted at the time of registration in the certificate or
which may arise subsequent thereto.

- Government is required under the torrens system of registration to issue an official

certificate of title to attest to the fact that the person named in the certificate is the owner
of the property is there in describe subject to such liens and encumbrances as their on
noted for what in lawrence or reserves,
- Torrens title Is conclusive evidence with respect to the ownership of the land described
therein.. Tax declarations and tax receipts cannot prevail over certificate of title which is
an incontrovertible proof of ownership.

Double Registration Rule - Under land registration act the owner of the earliest certificate is
the owner of the land.
- Under the rule the vendee of the earlier certificate would be the owner as against the
vendee of the owner of the later certificate. Page 13

○ C.A. 141 or the Public Land Act

- The verse the judicial confirmation of imperfect or incomplete titles on the basis of
possession and occupation of alien abel portions of the public domain in the manner and
for the length of time required by law. Page 61

○ R.A. 9176, amending C.A. 141

- Was enacted: (a) extending the period to file an application for judicial confirmation of
imperfect or incomplete titles to December 31, 2020; (b) further limiting the area applied
for to 12 hectares; and (c) providing that all pending applications filed before the
 effectivity of the amendatory acts shall be treated as having been filed in accordance
with the provisions thereof. Page 105

○ R.A.11231, amending C.A. 141

- Lifted the restrictions imposed by CA No. 141 on the registration, acquisition,
encumbrance, transfer and conveyance of lands covered by agricultural free patents.
- e.g. of lifted restrictions:
- Prohibits the encumbrance or alienation of lands acquired under free patent,
except to the government or any of its branches, within five years from the
issuance of the patent or grant.
- Corporations, associations, or partnerships are forbidden from acquiring any
property right, title or interest on free patent except when the grantee and the
secretary of Natural Resources approves of the conveyance solely for
commercial, industrial, educational, religious, charitable or right of way purposes.
- With the enactment of RA No. 11231, an agricultural free patent is now a
title in fee simple free of any restriction on its encumbrance or alienation. It
applies retroactively such that any restrictions on the acquisition, encumbrances,
or dispositions on agricultural free patents issued prior to the enactment of RA
No. 11231 shall be removed and immediately lifted.

○ R.A. 10023 Residential Free Patents

- Any Filipino citizen who is an actual occupant of a residential land may apply for a Free
Patent Title under this Act: Provided; That in highly urbanized cities, the land should not
exceed two hundred (200) square meters; in other cities, it should not exceed five
hundred (500) square meters; in first class and second class municipalities, it should not
exceed seven hundred fifty (750) square meters; and in all other municipalities, it should
not exceed one thousand (1,000) square meters; Provided, further, That the land applied
for is not needed for public service and/or public use.
- This Act shall cover all lands that are zoned as residential areas, including townsites as
defined under the Public Land Act; Provided, That none of the provisions of Presidential
Decree No. 705 shall be violated.
- Zoned residential areas located inside a delisted military reservation or abandoned
military camp, and those of local government units (LGUs) or townsites which preceded
Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law,
shall also be covered by this Act.

○ R.A.11573 AN ACT IMPROVING THE CONFIRMATION PROCESS FOR

IMPERFECT LAND TITLES, AMENDING FOR THE PURPOSE
COMMONWEALTH ACT NO. 141, AS AMENDED, OTHERWISE KNOWN AS
“THE PUBLIC LAND ACT,” AND PRESIDENTIAL DECREE NO. 1529, AS
AMENDED, OTHERWISE KNOWN AS THE “PROPERTY REGISTRATION
DECREE') (, amending C.A.141 and P.D. 1529
- The deadline for agricultural free patent applications has been removed; and shortened
the required period of possession for confirmation of imperfect titles to 20 years.

○ Act No. 2259 or the Cadastral Act

- An offspring act of the system of registration under the land registration act. It aims to
serve public interest by requiring that “the title to any land be titled and adjudicated.”
- Act superseded and carried over by PD 1529
 ○ RA No. 8371 of the Indigenous People’s Rights Act (IPRA)
- Recognize the right of ownership and possession of indigenous cultural communities or
indigenous people to their ancestral domains and ancestral lands 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 lands shall have the option to secure a torrens title to their
ancestral lands under the provisions of the public land act or the property registration
decree.

- The Torrens System of Registration [See Chapter I, Chapter III(C) Remedies (B)(I)
& (B)(II), Chapter IV]

● Purposes of Registration

● Mirror Doctrine - Every person dealing with registered land may safely rely on the
correctness of the certificate of title issued therefore and is in no way required to go
beyond the certificate to determine the conditions of the property.
- Consequently every registered owner and every subsequent purchaser for value in good
faith holds the title to the property free from all and congruent except those noted in the
certificate. Page 12
- In a series of transfers in order that a purchaser may be considered in good faith it is
enough that he examines the latest certificate of title. In line with this principle he need
not go behind this title and scrutinize each and every title that precedes it. Page 331

● Rule on Caveat Emptor - One who purchases real property which is an actual
possession of others should at least make some inquiry concerning the rights of those in
possession.
- Requires the purchaser to be aware of the supposed title of the vendor and one who
buys without checking the vendor's title takes all the risks and losses consequent to such
failure.
- It is not enough that interested purchasers rely on the copy of the certificate of title
presented by the seller, Interested purchasers must check if the seller certificate of title
corresponds to the public record of the certificate in the registry of deeds Page 337

● Innocent Purchaser for Value - One who buys the property of another without notice
that some other person has a right or interest in it and who pays a full and fair price at
the time of the purchase or before receiving any notice of another person’s claim.

● Attributes and Limitations on Certificates Of Title and Registered Lands

○ Free from liens and encumbrances
○ Incontrovertible and Indefeasible
○ Not subject to collateral attack

● Distinction between “Title” and “Certificate of Title” Page 14

a. Title - Generally defined as the lawful cause or ground of possessing that which is ours.
That which constitutes a just cause of exclusive possession or the foundation of
ownership of property
b. Certificate of title - Mere evidence of ownership it is not the title to the land itself.