Land Titles and Deeds

Fernando B. Alonzo
Professor
Land Transfer Framework

Private
State
Individuals
Corporations/ Juridical
Persons
 No established government
“Whoever discovers and occupies the
land, he is the owner thereof.”
 With established government

Rule: All lands are owned by the

State (Regalian Doctrine).
 With established government

What will happen to those lands

already claimed by private
individuals prior to the
establishment of the government?
 With established government

The GOVERNMENT is established

for the GENERAL WELFARE of
the people.
 With established government

The government respects the rights

of the individuals who claims
ownership of lands prior to its
establishment.
 With established government
Paragraph 1, Section 14, PD 1529
- Possession of land under bona fide claim
of ownership since 12 June 1945;
- Indigenious People’s Rights Act (IPRA)
What about those who do not have lands?

They may acquire lands from the State

through any of the modes of acquiring
ownership. (OLDTIPS)
- Law, Donation (Grant), Tradition,
Prescription.
 How the government transfers land to
individuals?
a. Operation of Law
a.1. Sec. 14(1), PD 1549;
a.2. Prescription (Civil Code);
a.3. Accretion/Accession (Civil Code);
a.4. IPRA;
a.5. Agrarian Reform Law
 How the government transfers land to
individuals?
b. General Laws
b.1. Public Land Act (Act No. 926) – 1902
b.2. Public Land Act (Act No. 2874) – 1919
b.3. Public Land Act (CA 141) – 1936
(Homestead/Free/Sales Patents)
 How the government transfers land to
individuals?
c. Special Laws
c.1. Special Patents (Reclamation);
c.2. Agrarian Reform Law
 The State is the source of any
asserted right to ownership in land.
- Original Certificate of Title (OCT);
- Transfer Certificate of Title (TCT)
Thank you..