ENVIRONMENTAL LAW

-CONTINUATION OF THE DISCUSSION OF PUBLIC LAND ACT-

READ THIS LECTURE TOGETHER WITH THE LAW , RELATED CASES AND OTHER REFERENCES FOR ENVIRONMENTAL LAW
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 Section 103 of PD 1529. Certificates of title pursuant to patents. Whenever public land is by the
Government alienated, granted or conveyed to any person, the same shall be brought forthwith under
the operation of this Decree. It shall be the duty of the official issuing the instrument of alienation,
grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the
Register of Deeds of the province or city where the land lies, and to be there registered like other deeds
and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land,
and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance
from the Government to the grantee shall not take effect as a conveyance or bind the land but shall
operate only as a contract between the Government and the grantee and as evidence of authority to the
Register of Deeds to make registration. It is the act of registration that shall be the operative act to
affect and convey the land, and in all cases under this Decree, registration shall be made in the office
of the Register of Deeds of the province or city where the land lies. The fees for registration shall be
paid by the grantee. After due registration and issuance of the certificate of title, such land shall be
deemed to be registered land to all intents and purposes under this Decree.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 It is the act of registration that conveys or affects the land, and binds third
persons.
 The aim of the torrens system is to obviate possible conflicts of title by
giving the public the right to rely upon the face of the Torrens certificate
and to dispense with the necessity of inquiring further.
 After due registration and issuance of certificate of title , the land shall be
deemed registered land and brought under the operation of the Torrens
system of registration. They become private property which can no longer
be the subject o disposition by the Director of lands under the Public
Land Act.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 The date of the issuance of the patent corresponds to the date of the
issuance of the decree in ordinary registration cases because the decree
finally awards the land applied for registration to the party entitled to it,
and the patent issued by the Director of Lands equally and finally grants ,
awards and conveys the land applied for the applicant. After one year
from the issuance of corresponding patent, the same is no longer open to
review on the ground of actual fraud, and a protest against its issuance no
longer lies. (Ybanez v. IAC, GR no. 68291, March 6, 1991)
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

Once a title is registered, as a consequence either of judicial or

administrative proceedings, the owner may rest secure without
the necessity of waiting in the court to avoid the possibility of
losing his land.
The certificate of title cannot be defeated by Adverse, open and
notorious possession nor by prescription.
A certificate of title cannot be collaterally attacked.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 CADASTRAL REGISTRATION PROCEEDINGS

 It aims to serve public interests by requiring that the titles to such lands be settled
and adjudicated
 See Section 53 of the Public Land Act
 Cadastral petition is in the nature of proceeding in rem, promoted by the Director
of Lands, akin to judicial inquiry and investigation leading to a judicial decree.
 The government initiates a cadastral case. The aim is to settle as much as possible
all disputes over land an to remove all clouds over land titles.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

FRIAR LANDS
 These lands are not public lands but private or patrimonial property of the
government.
 These lands were purchased by the government for sale to actual occupants under Act
No. 1120, or the Friar Lands Act (April 26, 1904).
 These lands were purchased by the government for sale to actual settlers and
occupants at the time said lands were acquired by the government.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 PROCEDURE for Friar Lands

1. The Lands Management Bureau shall issue a certificate stating therein that the
government has agreed to sell the land to such settler or occupant.
2. The settler or occupant will then accept the certificate and agree to pay the purchase
price so fixed in installments and at the rate of interest specified in the certificate.
** The certificate of sale is the conveyance of the ownership of the property, subject
to resolutory condition that the sale may be cancelled if price agreed upon is not paid in
full.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 A final deed of conveyance shall be issued in favor of the purchaser upon payment of
the final installment together with all the accrued interests.
 The sale shall be valid only if approved by the Secretary of Environment and Natural
Resources. (Act No. 1120)
 Certificate of Sale- conveyance of the ownership of the property , subject only to the
reslutory condition that the sale may be cancelled if the price agreed upon is not paid
for in full.
 The beneficial and equitable title will be in the purchased pending payment in full of
the purchase price.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 ACTION FOR REVERSION

 The Director of Lands has the duty and right to conduct investigation of any alleged fraud in
securing a free patent and the corresponding title to a public land and to file the corresponding court
action for the reversion of the same to the State, if the facts disclosed in the course of such
investigation should so warrant.
 The indefeasibility of a title over land previously public is not a bar to an investigation by the
Director of Lands as to how such title has been acquired, if the purpose of such investigation is to
determine whether or not fraud had been committed in securing such title in order that the
appropriate action for reversion may be filed by the government.
 The courts have no jurisdiction to intrude upon matters properly falling within the powers of the
Director of Lands.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 Section 102 stated that it is the duty of the Director of Lands to

verify , after due hearing, whether the grounds of a protest or
objection to a public land application is well-founded and if so,
to cancel the same or deny the patent.
 The misinterpretations of the applicant in his application are
sufficient grounds to nullify the grant of the patent and title
under Section 91 of the Public Land Act.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 The Solicitor General shall institute in the proper court, in the name of the Republic
of the Philippines, all action for the reversion to the government of lands of the public
domain or improvements.
 Only the Solicitor General and the officer acting in his stead has the authority to
institute the action in behalf of the Republic for cancellation of title and for reversion
of land to the government.
 See Section 101 of the Public Land Act, Section 35 of the Administrative Code of
1987
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

Action for Nullity of Land Titles Action for Reversion

-Allegations of the Plaintiff’s ownership of the contested -The pertinent allegations in the complaint would admit
lot prior to the issuance of such free patent and certificate State ownership of the disputed lands.
of title as well as the defendant’s fraud or mistake, as the -The government or the State has the legal personality to
case may be, in successfully obtaining these documents file suit.
of title over the parcel of land claimed by the plaintiff is a
requirement.
-The real-party-in-interest is not the State but the plaintiff
who alleges a pre-existing right of ownership over the
parcel of land in question even before the grant of title to
the defendant.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 WHEN REVERSION IS IMPROPER
 It would be improper for the government, through Solicitor General, to file an action for reversion
of land titled to defendant pursuant to a fee patent where the alleged fraud consists that the said
land, at the time of the issuance of patent, was no longer part of the public domain, having been
adjudicated as private property of another person in a previous registration case. This nullification
of defendant’s title will not result in the reversion of the land to the Sate but remains private
property. The government is without personality to institute an action for reversion. (Republic v.
Agunoy, GR No. 155394, Feb. 17, 2005)
 Read the case of Republic v Umali , GR No. 80687, April 10, 1989 for another instance that the
reversion was improper
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 When private party cannot bring action for reversion

 A private party may not bring an action for reversion or any action which would
have the effect of cancelling a public land patent and the corresponding certificate
of title, with the result that the land covered thereby will again form part of the
public domain.
 Even if the parcel of land were declared reverted to the public domain , that party
does not automatically become owner thereof. He is a mere public land applicant
like others who might apply for the same.
 PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 When private party may bring an action for cancelation of title
 It is proper for private party to file an action for cancellation of certificate title issued by virtue of a
public land patent as when he claims ownership of the land as private property by virtue of long
period of possession and hence, no longer deemed a part of the public domain which could be
disposed of under the provisions of the Public Land Act or when the land is already covered by a
previously issued certificate of title.
 It has been held where the land awarded by virtue of patent was not part of the public domain but
was private property, the owner who has been wrongfully deprived of such land may,
notwithstanding the lapse of one year period, bring an action for the recovery thereof.
 A recognized exception to the rule that only the government may bring an action for cancellation
and reversion is where plaintiff-claimant seeks direct reconveyance from defendant public land
unlawfully and in breach of trust titled by him, for the enforcement of a constructive trust.
 Action for reconveyance- remedy of the party who has been injured by the fraudulent registration.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION,

LACHES
 Public land fraudulently included in patents or certificates of titles may be
recovered or reverted to the State in accordance with Section 101 of Public Land
Act. The right of reversion or reconveyance to the State is not barred by
prescription.
 When the government is the real party in interest and is proceeding is mainly to
assert its own rights and recover its own property, there can be no defense on the
ground of laches or limitation.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 COURTS HAVE JURISDICTION OVER POSSESORY ACTIONS INVOLVING

PUBLIC LANDS
 Even pending the investigation of, and resolution on , an application by a bona fide occupant, by
the priority of his application and record of his entry, he acquires a right to the possession of the
public land he applied for against any other public land applicant, which right may be protected by
the possessory action for forcible entry or by any other suitable remedy that our rules provide.
 The grant of power and duty to the DENR through LMB does not divest the courts of their duty or
power to take cognizance of actions instituted by the settlers or occupants against others to protect
their respective possessions and occupations , actions for trespass, forcible entry and unlawful
detainer.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 PROHIBITED ALIENATIONS
 Alienation of Lands acquired under the homestead and free patent provisions is
PROHIBITED.
 See Sections 118, 121, 122 and 124 of the Public Land Act on prohibited
alienation of public lands.
 Pursuant by Section 118 of the Public Land Act, and in conformity with the policy
of the law, any transfer or alienation of a free patent or homestead within five years
from the issuance of the patent is proscribed. Such transfer nullifies said alienation
and constitutes a cause for the reversion of the property to the State.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 The purpose of the prohibition is for the homesteader or patentee every chance to
preserve for himself and his family the land that the State had gratuitously given him
as a reward for his labor in cleaning and cultivating it. (Sala v. Court of First Instance
of Negros Oriental, GR No. L-47281, April 27, 1990)
 The legislative policy is so strong and consistent that the original period of 5 years
from the issuance of the patent, within which period conveyance or sale thereof by the
homesteader or his heirs was prohibited is now extended to 25 years if no approval of
the Secretary of Environment and Natural Resources is secured. Provision has also
been inserted authorizing the repurchase of the homestead when properly sold by the
homesteader within 5 years from the date of the sale.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 The prohibition to alienate commences to run from the date the
application is approved which may be a date earlier than the date of the
issuance of the patent.
 The period of 5 years within which the alienation or encumbrance of a
homestead is restricted, starts to be computed from the latter date.
 The patent is considered issued once the order for its issuance is
promulgated and therefore, the 5 year period is computed from this date
and not from the date of registration with the Register of Deeds or from
the date of certificate of title.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 The requirement for the approval of the Secretary of Environment and

Natural Resources is merely directory, and its absence does not invalidate
any alienation, transfer or conveyance of the homestead after 5 years and
before the 25 year period. Such approval may be secured at any time in
the future.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 The prohibition applies as well to the sale of the land to the

homesteader’s own son or daughter as clever homesteader who wants to
circumvent the ban may simply sell the lot to his descendant and the latter
after registering the same in his name would sell it to a third person.
 The rationale against the alienation of a homestead is equally applicable
to land acquired under a free patent, except that in the latter, the
alienation after 5 years from the order for the issuance of patent does not
need the approval of the Secretary.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 Section 119 of the Public Land Act provides that every conveyance of land acquired
under the free patent or homestead provisions, when proper, shall be subject to
repurchase by the applicant, his widow or legal heirs, within a period of 5 years from
the date of the conveyance.
 When the patent-vendor is still living, he has the right to repurchase, otherwise, his
widow or his legal heirs have the right.
 The right to repurchase attaches to every alienation or encumbrance, and that right
can be exercised even in the absence of any stipulation in the deed of sale. The right
to repurchase cannot be waived. It is not within the competence of any citizen to
barter way that public policy by law seeks to preserve.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

The 5 year period for legal redemption starts from the date of
the execution of the deed of sale, and not from the date of
registration in the office of the Register of Deeds.
The redemption of extra judicially foreclosed properties is
exercised within one year from the date of the suction sale as
provided as Act No. 3135.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 See Section 124 of Public Land Act

 Where the parties to a sale of a portion of the public domain covered by homestead
patent have been proven to be guilty of having effected the transaction with
knowledge of the cause of its invalidity, the sale is null and void and shall cause the
reversion of the property to the State. This principle, however, recognized certain
exceptions as where its enforcement or application will run counter to an avowed
fundamental policy of public interest, Where the subject of the transaction is a piece
of land, an heir should not be prevented from reacquiring it because it was given by
law to her family for her home and cultivation and this is the policy on which the
homestead law us predicated.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

PROCEDURE, LEGAL RESTRICTIONS AND

ENCUMBRANCES
See Section 90 of Public Land Act for the contents of
application
 PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 The statements made in the application shall be considered as essential conditions and
parts of any concession, title or permit issued on the basis of such application, and
any false statements therein or omission of facts altering, changing, or modifying the
consideration of the facts set forth in such statements ad any subsequent modification,
alteration or change of the material facts set forth in the application shall ipso facto
produce the cancellation of the concession, title or permit granted.
 In every investigation made in accordance with Section 91, the existence of bad faith ,
fraud, concealment or fraudulent and illegal modification of essential facts shall be
presumed if the grantee or possessor of the land shall refuse or fail to obey a
subpoena or subpoena duces tecum lawfully issued by the Director of Lands or shall
refuse or fail to give direct and specific answers to pertinent questions and on the
basis of such presumption, an order of cancellation may issue without further
proceedings.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 FILING OF OBJECTION OR PROTEST

 Any person, corporation or association may file an objection under
oath to any application or concession under the Act , grounded on any
reason sufficient for the denial or cancellation of the application or the
denial of the patent or grant.
 If after the applicant or the grantee has been given suitable opportunity
to be duly heard, the objection is found to be well founded, the Director
of Lands shall deny or cancel the application or deny patent or grant,
and the person objecting shall , if qualified , be granted a prior right of
entry for a term of 60 days from the date of notice.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 Any owner of uncultivated agricultural land who knowingly permits

application for the same to be made to the government and the land to be
tilled and improved by a bona fide grantee without protesting to the
Lands Management Bureau within one year after cultivation has begun,
shall lose all right to the part of the land so cultivated and improved,
unless he shall bring action in the proper court before such action for
recovery prescribes and obtains favorable judgment therein, in which
case the court shall, upon its decision becoming final, order the payment
to the grantee, within a reasonable period, of the indemnity fixed by the
court for the cultivation and improvement.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

PETITION FOR REVIEW

 A Petition for review , on the ground of fraud involving public land
grants or patents, the one year period commences from the issuance of
the patent by the government.
 Read the case of Republic vs. Guerrero, GR No. 133168, March 28,
2006, 485 SCRA 424 for further discussion on fraud
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

SUCCESSION
 If at any time the applicant or grantee shall die before the issuance of the patent or
the final grant of the land, or during the life of the lease, or while the applicant or
grantee still has obligations pending towards the Government, in accordance with
this Act, he shall be succeeded in his rights and obligations with respect to the land
applied for or granted or leased under this Act by his heirs in law, who shall be
entitled to have issued to them the patent or final concession if they show that they
have complied with the requirements therefor, and who shall be subrogated in all
his rights and obligations
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
 USE OF THE LAND FOR PUBLIC WORKS OR OTHER BENEFIT
 If at any time after the approval of the application and before the issuance of a patent or the final
concession of the land, or during the life of the lease, or at any time when the applicant or grantee
still has obligations pending with the Government, in accordance with this Act, it appears that the
land applied for is necessary, in the public interest, for the protection of any source of water or for
any work for the public benefit that the Government wishes to undertake, the Secretary of
Agriculture and Commerce may order the cancellation of the application or the non issuance of the
patent or concession or the exclusion from the land applied for of such portion as may be required,
upon payment of the value of the improvements, if any.
 In no case shall any land be granted under the provisions of this Act when this affects injuriously
the use of any adjacent land or of the waters, rivers, creeks, foreshore, roads, or roadsteads, or vest
the grantee with other valuable rights that may be detrimental to the public interest.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 ALL OTHER NATURAL RESOURCES SHALL REMAIN WITH THE

STATE
 Patents or certificates issued under the provisions of this Act shall not
include nor convey the title to any gold, silver, copper, iron, or other
metals or minerals, or other substances containing minerals, guano, gums,
precious stones, coal, or coal oil contained in lands granted thereunder.
These shall remain to be property of the State.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 LAND SUBJECT TO PUBLIC SERVITUDES, RIGHT OF WAY

 All persons receiving title to lands under the provisions of this Act shall
hold such lands subject to the provisions hereof and to the same public
servitudes as exist upon lands owned by private persons, including those
with reference to the littoral of the sea and the banks of navigable rivers
or rivers upon which rafting may be done
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 PRIVATE CORPORATIONS DISQUALIFIED FROM ACQUIRING

LANDS OF THE PUBLIC DOMAIN
 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.
 The rule then is that private corporations or associations are disqualified from
acquiring alienable lands of the public domain.
PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

 -END -