2nd Exam Landti

LAND TITLES AND DEEDS
EXAM II BY: Kristine Confesor
Public Grants
1.
Sec. 3 and 4 Article XII of 1987 Constitution

PLA CA 141
PLA and Property Registration Decree: Differences
DENR Sec. and LMB Director: functions
Sec. 3 of PD 705 Revised Forestry Code, Sec. 2 and 8, CA 141
Only A&D lands are subject of disposition
Classification of Public Lands (Page 202, Agcaoili)
Executive Privilege
System of Classification
Requirements to Establish Classification
Burden of Proof rests with the applicant
Del Rosario- Igtiben vs Republic
Bagunu vs Agabao
Republic vs Carag
Omandam vs CA
2. Reason for Patent System

3. A&D land limited to 12 hectares under 1987 Constitution
4. Homestead Patent (See PD 532)
Lopez vs CA
Nieto vs Quines
Quinsay vs IAC
5. Free Patent and Residential Free Patent under RA 10023
Heirs of Bajenting vs Banes
Malabanan vs Republic
6. Sales Patent under CA 141 and Sales of Agricultural Residential Land under RA 730
Dela Rosa vs Valdez
Francisco vs Rodriguez
RP vs AFP
7. Lease
Saiain Enterprises vs. FF Cruz

8. Reservations (84-96, Agcaoili)
9. Friar Lands
Pugeda vs Trias
Solid State vs CA
Classification of Public Lands
Non-registrable properties
1. Public Dominion
2. Forest Lands
3. Foreshore and Reclaimed Lands (PD 1067)
4. Watersheds
5. Mangrove Swamps
6. Mineral Lands
7. National Parks
8. Military and Naval Reservations
9. Lakes
10. Navigable Rivers
11. Creeks
12. Reservations for public and semi-public purposes
SEC. 15 FORMS AND CONTENTS OF THE APPLICATION FOR REGISTRATION

SEC. 16-22
Mendoza vs CA
SEC. 23- 26 PUBLICATION, OPPOSITION, DEFAULT

Director of lands vs CA and Abistado

Valisno vs Plan
CADASTRAL REGISTRATION PROCEEDINGS

SEC. 35-38
Director of Lands vs CA and Pastor
CITIZENSHIP REQUIREMENT
Krivenko Doctrine
Sec. 7 and 8, Article XII of the 1987 Constitution
RA 7042 as amended by RA 8179
RA 9225
Krivenko vs ROD
RP vs CA and Lapina
Philippine Banking vs Lui She
SPECIFIC EVIDENCES OF OWNERSHIP

POSSESSION VS OCCUPATION
Malabanan Vs Republic
Republic vs TAN Properties
Republic vs IAC and LEyco
SEC 28-31
Lucero vs Loot
Manotok Realty vs CLT Realty Dev. Corp
SEC. 32
NEW TRIAL OR MR
RELIEF FROM JUDGMENT
APPEAL
REVIEW OF DECREE OF REGISTRATION
Eland Philippines vs Garcia
Palanca vs American Food Manufacturing Co
REMEDIES
RECONVEYANCE
QUIETING OF TITLE
ACTION FOR DAMAGES
REVERSION
D.B.T. Mar-Bay Construction vs Panes
Yujuico vs Republic
CANCELLATION OF TITLE
RECOVERY FROM THE ASSURANCE FUND
CRIMINAL PROSECUTION
Heirs of Kionisala vs Heirs of Dacut
Roxas vs Garcia
SEC 33-34
a.
Public Grants
Sec. 3 and 4 Article XII of 1987 Constitution
SECTION 3. Lands of the public domain are

classified into
1.
Agricultural
Agricultural lands of the public domain

may be further classified by law
according to the uses which they may
be devoted. Only alienable land of the
public domain
2.
forest or timber,
3.
mineral lands, and
4.
national parks.

DENR Sec. and LMB Director: functions

Sec. 4, Chapter I, Title XIV of the RAC vests the DENR Sec
GR: Private corporations or associations may not

the power to
hold such alienable lands of the public domain
1.
Exercise supervision and control over
a.
forest lands, A&D public lands, mineral resources
2.
impose appropriate taxes, fees, charges, and rentals and
EXN:
any such form of levy and collect such revenues for the EDU
or gathering of such resources
3.
Promulgate rules, regulations, and guidelines on the issuance
o
lease, for a period not exceeding 25 years,
of licenses, permits, concessions, lease agreements, and
such other privileges concerning the EDU of the countrys
resources
o
renewable for not more than 25 years, and
4.
Exercise exclusive jurisdiction on the management and
disposition of all lands of the public domain and serve as the
sole agency responsible for classification, subclassfication,
o
not to exceed 1000has in area.
surveying, and titling of lands in consultation with
appropriate agencies.
Specific functions of the LMB Director and Other officers
EO 192 , the newly cr

o
Citizens of the Philippines may lease not more
(a) Recommend policies and programs for the efficient and
than 500 has, or acquire not more than 12 has
effective
administration,
surveys,
management
and
thereof by purchase, homestead, or grant.
disposition of alienable and disposable lands of the public
domain and other lands outside the responsibilities of other
government agencies; such as reclaimed areas and other
Taking into account the requirements of

areas not needed for or are not being utilized for the
conservation, ecology, and development, and subject to the
purposes for which they have been established;
requirements of agrarian reform, the Congress shall
(b) Advise the Regional Offices on the efficient and effective
determine, by law, the size of lands of the public domain
implementation of policies, programs and projects for more
effective public lands management;
which may be acquired, developed, held, or leased and the
(c) Assist in the monitoring and evaluation of land surveys,
conditions therefor.
management and disposition of lands to ensure efficiency
and effectiveness thereof;
(d) Issue standards, guidelines, regulations and orders to
enforce policies for the maximization of land use and
PLA CA 141
development;
CA No.
remains as the existing general law governing the classification
(e) Develop operating standards and procedures to enhance the
141
and disposition of lands of the public domain other than timber
Bureaus objectives and functions;
PUBLIC
and mineral lands, and privately owned lands which reverted
(f) to
Assist the Secretary as Executive Officer charged with
LAND ACT
the State.
carrying out the provisions of the Public Land Act (C.A. No.
1935
Section 48(b) of CA No. 141 retained the requirement141, as amended), who shall have direct executive control of
Constitution;
the
under Act No. 2874 of possession and occupation of lands
of survey, classification, lease, sale or any other forms of
December
concessions or disposition and management of the lands of
the public domain since time immemorial or since July 26,
the public domain;
1, 1936
1894.
(g) Perform other functions as may be assigned by the Secretary
and/or provided by law.

Amendments of this Requirement
Republic Act (RA) No. 1942
Sec. 3 of PD 705 Revised Forestry Code, Sec. 2 and 8, CA 141
OCENPO 30 Years
Only A&D lands are subject of disposition
PD No. 1073,
OCENPO since June 12, 1945, or earlier.

10. Classification of Public Lands (Page 202, Agcaoili)
There are two requisites for judicial confirmation of imperfect
Executive Privilege the President through a

or incomplete title under CA No. 141, namely:
presidential proclamation, or executive order, can
(1) open, continuous, exclusive, and notorious possession and
classify or reclassify land to be included or excluded
occupation of the subject land by himself or through his
from the public domain.
The DENR Sec. is the only other public official

predecessors-in-interest under a bona fide claim of ownership
empowered by law to approved a land classification and
since time immemorial or from June 12, 1945;
declare
such as A&D
(2) The classification of the land as alienable and disposable land
of
the public domain.
.
System of Classification
PLA and Property Registration Decree: Differences

1) Lands of the Public domain (A/D)
CA 141
PD 1529
2) Lands of the Private Domain (land belonging to and
owned by the state as a private individual, without
The presumption is that

being devoted public use, public service or the
There exists already a

the land applied for pertains to
development of national wealth; similar to patrimonial
the state; the occupants and
title which is to be confirmed by
properties of the state)
possessors claim an interest only
the court
by virtue of their imperfect title
Court has the power to
Court may dismiss the
Under the Civil Code

adjudicate land in favor of any of
application w/o prejudice to the
a)
Properties of public dominion or those intended for
public use, such as roads, canals, rivers, torrents, ports,
the conflicting claimants
filing of another
bridges constructed by the State, banks, shores,
The only risk that the
The applicant runs the

roadsteads and others of similar character
applicant runs is to have his
risk of losing the land applied for
b)
Those intended for some public service or development
application denied
of national wealth
Vests in the DoL and
ultimately the DENR Sec the
Requirements
to
Establish
authority to dispose and manage
Classification
public lands.

Burden of Proof rests with the

applicant
nt
un
de
r
RA
10
02
3
Del Rosario- Igtiben vs Republic

Bagunu vs Agabao
Republic vs Carag
Omandam vs CA
11. Reason for Patent System

12. A&D land limited to 12 hectares
under 1987 Constitution
LOPEZ VS CA The object of the

Ho
provisions of Act 141, as amended, granting
me
rights and privileges to patentees or
st
homesteaders is to provide a house for each
citizen where his family may settle and live
ea
beyond the reach of financial misfortune and
d
to inculcate in the individuals the feeling of
independence which are essential to the
Pa
maintenance of free institution.
te
nt
NIETO VS QUINES A homesteader,

who has complied with all the terms and
(S
conditions which would entitle him to a
ee
patent, has a vested right over the land. He
may be regarded as the equitable owner
PD
thereof.
53
2)
QUINSAY VS IAC Vested rights over the
Simil
ar to
PD
152
9
Sec.
14(1
) or
judic
ial
confi
rmat
ion
of
imp
erfe
ct
title
1.
2.
least 10 yrs.
HEIRS OF BAJENTING VS BANES

The law gives the patentee, his widow or his
legal heirs the right to repurchase the
property within five years from the date of the
sale. However, the patentee, his widow or
legal heirs should not be allowed to take
advantage of the salutary policy of the law to
enable them to recover the land only to
dispose of it again to amass a hefty profit to
themselves.
land cannot be validly claimed by private

respondents since the approval by the
Director of Lands of their final proof for a
homestead patent is now a condition sine qua
non for the existence of such vested right.
1.
2.
3.
4.
5.
Fr
ee
Pa
te
nt
an
d
Re
sid
en
tia
l
Fr
ee
Pa
te
1)
2)
3)
4)
Requirements
Land Area Limits
Maximum of 12 Hectares
Citizen of the Phil

Over 18 y/o; head of the family
Applicant must have cultivated and improved
atleast 1/5 of the land continuously since the
approval of the application
1 yr residency in the municipality where the land is
located, or in a municipality adjacent to it
Payment of the required fee
When a homesteader has complied with all

the terms and conditions for a homestead
patent, he acquires a vested interest already
and is to be regarded as the equitable owner
thereof. Such land may be conveyed or
inherited. No subsequent law can deprive him
of that vested right
Sec. 44 of CA 141
Requirements
Natural-born citizen
Not an owner of 12has +
For 30 years prior to the effectivity of this law, has
continuously occupied and cultivated, either by
himself or through his predecessors-in-interest a
tract or tracts of agricultural public lands subject to
disposition since June 12, 1945
Paid real estate taxes
1.
RA 10023
authorizes free patent titles

to residential lands
Effective period: March 9, 2010
Qualifications
Any Filipino citizen who is an actual occupant of a
residential land may apply for a free patent title,
subject to the following maximum area limitation:
1)
Highly urbanized cities 200 sqm
MALABANAN VS REPUBLIC
Section11. Public lands suitable for

agricultural purposes can be disposed of only
as follows, and not otherwise:
(1)For homestead settlement;
(2)By sale;
(3)By lease; and
(4)By confirmation of imperfect or
incomplete titles;
(a)By judicial legalization; or
(b)By administrative legalization (free
patent).
BALBOA VS. FARRALES
2)
Other Cities -- 500 sqm
3)
1st and 2nd Class Municipalities 750 sq.m
4)
All other municipalities -- 1, 000 sqm
Coverage
All lands that are zoned as residential areas,
including townsites defined under Public Land Act
Zoned residential areas located inside a delisted
military reservation or abandoned military camp,
and those of LGUs or townsites
Application
Must be supported by a survey plan approved by
DENR
Affidavit of 2 disinterested persons who are
residents of the place where the land is located
that the applicant is actually resided thereon
Bona fide claim of acquisition of ownership for at
Sa
les
Pa
te
nt
un
der
CA
14
1
Sa
les
Section 14(1) of the PD 1529

A&D @ the time of application
Occupation since June 12, 1945 or earlier
Section 14(2)
Based on prescription
only the patrimonial property of the state can be
subject to prescription. Also it is clear that land
which is part of public dominion cannot be
alienated even if it is declared A&D. There must be
a declaration of the State that the public dominion
property is no longer intended for the development
of the national wealth or that the property has
been converted into patrimonial for the period of
prescription to run. Without these, the property
remains to be of public dominion.
Requirements
1.
2.
3.
citizen of the Philippines
4.
applicant must have cultivated the land within 5

years from the date of the award
5.
6.
lawful age/head of family

sold through a sealed bidding where the applicant
may equal the highest bid
applicant must show actual occupancy, cultivation,

and improvement of atleast 1/5 of the land until
the date of final payment
purchase price may be paid in full or in not more
than 10 equal annual instalments from the date of
the award
Max: 12 has of public agricultural land
Direct sale of lands for

residential purposes

of
Ag
ric
ult
ur
al
Re
sid
en
tia
l
La
nd
un
der
RA
73
0
1.
2.
3.
4.
Effectivity Date: June 18, 1952
Qualifications
be a Filipino citizen of legal age

not the owner of a home in the municipality or city
which he resides
have established good faith in his residence of a
parcel of public land which is not needed for public
service
have constructed his house and actually resided
therein
compliance with these shall give

preference to the applicant to purchase
at a private sale (which generally is a
public bidding) of land with a max area
of 1000 sqm, the sale must be done
through bidding if it exceeds the limit.
1)
Under the present Constitution, national parks

are declared part of the public domain, and
shall be conserved and may not be increased
nor diminished, except by law.
Saiain Enterprises vs. FF Cruz
Re
se
rv
ati
on
s
1.
2.
Such foreshore area existed even before F.F.

Cruz undertook its reclamation. It was
formed by accretions or alluvial deposits due
to the action of the sea. Following Santulan,
the littoral owner has preferential right to
lease the same.
Objective: public or semi-public purpose
3.
4.
REQUIREMENTS
Upon recommendation by the DENR Sec
President may designate by proclamation any
tract of land of the public domain as
reservations for the use of the RP or of any of
its branches
Certified copy of proclamation shall be
forwarded to the DoL for record in his office,
and to conduct a survey if the land has not
been surveyed
A copy of which shall be forwarded to the
ROD of the place where the land lies
Fri
ar
La
PUGEDA VS TRIAS
Under Act No. 1120 the conveyance executed
in favor of a buyer or purchaser, is a
CLASSIFICATION OF PUBLIC
LANDS
Non-registrable properties
Public Dominion
Forest Lands
Foreshore and Reclaimed Lands (PD 1067)
4.
Watersheds
5.
Mangrove Swamps
6.
Mineral Lands
7.
National Parks
8.
Military and Naval Reservations
9.
Lakes
10. Navigable Rivers
11. Creeks
12. Reservations for public and semi-public purposes
Property of Public Dominion held by the State by Regalian

right.
a)
Those intended for public use such as roads, canals,
rivers, torrents, ports and bridges constructed by State,
banks, shores, roadsteads and others of similar
character
b)
Those which belong to the State, without being for
public use and are intended for some public service
Patrimonial property property that is open to disposition

by the government, or otherwise property pertaining to the
national domain, or public lands. For patrimonial property to
be A/D (may be acquired through prescription), there must
be:
i. Declaration by the government that it is A/D
ii. Express government manifestation that the
property is already patrimonial or no longer
retained
for
public
service
or
the
development of national wealth
A property continues to be part of the public

domain, not available for private appropriation or
ownership until there is a formal declaration on
the part of the government to withdraw it from
being such.
Forest Lands - If the land forms part of the public forest,

possession thereof, however long, cannot convert it into private
property as it is within the exclusive jurisdiction of the Bureau of
Forest Development and beyond the power and jurisdiction of the
registration court.
Bureau of Forest Development

- holds exclusive
jurisdiction over forestlands
Dir. Of Forestry must show convincing proof that the

land is NOT more valuable for agriculture than for forest
purposes
Limitation: mere formal opposition by the OSG for the

DoF (in case of original registration), unsupported by
satisfactory evidence will not stop the courts from
giving title to claimant.
1.
2.
3.
RP VS AFP
Le
as
e
Legaspi also alleged that he purchased the

land in a sale at public auction, which
procedure is nowhere provided in the
pertinent laws conveying friar lands. The law
expressly state that an actual occupant of the
land shall purchase the lot occupied by him at
a private sale not in a public auction. There
was also absence of a deed of conveyance to
Legaspi by the government after the full
payment of the instalments on the disputed
lot.
SOLID STATE VS CA
DELA ROSA VS VALDEZ
FRANCISCO VS RODRIGUEZ Even if a

sales application were already given due course by the
Director of Lands, the applicant is not thereby conferred
any right over the land covered by the application. It is
the award made by the Director to the applicant (if he is
the highest bidder) that confers upon him a certain right
over the land, namely, to take possession of the land
so that he could comply with the requirements
prescribed by law. It is at this stage, when the award is
made, that the land can be considered disposed of by
the Government, since the aforestated right of the
applicant has the effect of withdrawing the land from
the public domain that is disposable by the Director of
Lands under the provisions of the Public Land Act
However, the disposition is merely provisional because
the applicant has still to comply with the requirements
prescribed by law before any patent is issued. After the
requisites of the law are complied with by the applicant
to the satisfaction of the Director of Lands, the patent is
issued. It is then that the land covered by the
application may be considered permanently disposed
of by the Government.17 In case the applicant is found
not to possess the qualifications necessary for the
award of the land, the application is revoked.
conveyance of the ownership of the property,

subject only to the resolutory condition that
the sale may be cancelled if the price agreed
upon is not paid for in full.
nd
s
2)

Heirs of Jose Amunategui vs. Director of Forestry

Forest lands, scope and nature of; Rules on confirmation of
imperfect title do not apply unless land classified as forest is
released in an official proclamation.A forested area
classified as forest land of the public domain does not lose
such classification simply because loggers or settlers may
have stripped it of its forest cover. The classification is
descriptive of its legal nature or status and does not
have to be descriptive of what the land actually looks
like. Unless and until the land classified as "forest" is
released in an official proclamation to that effect so that it
may form part of the disposable agricultural lands of the
public domain, the rules on confirmation of imperfect title do
not apply.
Watershed an area drained by a river and its tributaries

enclosed by a boundary or divide which separates it from adjacent
watersheds
Sta. Rosa Realty Dev v. CA 112526 OCt. 12 2001
more than the classification of the subject land as

PARK is the fact that subsequent studies and survey
showed that the parcels of land in question form a vital
part of a watershed area.
Mangrove Swamps under 1917 Administrative Code,

mangrove swamps are registrable; but on 1983, Yangson vs
Secretary held that it belongs to public domain
The President, upon the recommendation of the

Secretary of Environment and Natural Resources, may
designate by proclamation any tract or tracts of land of
the public domain as reservations for the use of the
Republic or any of its branches, or for quasi-public uses
or purposes. Such tract or tracts of land thus reserved
shall be non-alienable and shall not be subject to sale or
other disposition until again declared alienable.
Consistent with the foregoing postulates, jurisprudence
teaches that a military reservation, like the FBMR, or a
part thereof is not open to private appropriation or
disposition and, therefore, not registrable, unless it is in
the meantime reclassified and declared as disposable
and alienable public land. And until a given parcel of
land is released from its classification as part of the
military reservation zone and reclassified by law or by
presidential proclamation as disposable and alienable,
its status as part of a military reservation remains, even
if incidentally it is devoted for a purpose other than as a
military camp or for defense.
Article XII, Section 3 of the 1987 Constitution

forbids private corporations from acquiring any kind of
alienable land of the public domain, except through
lease for a limited period.
3)
4)
5)
6)
7)
8)
Mineral Lands governed by Philippine Mining Act of 1995.
SEC. 4. Ownership of Mineral Resources. Mineral

resources are owned by the State and the exploration,
development, and processing thereof shall be under its full control
and supervision. The State may directly undertake such activities
or it may enter into mineral agreements with contractors. The
State shall recognize and protect the rights of the indigenous
cultural communities to their ancestral
lands as provided for by the Constitution.
However, perfection of a mining claim before the

November 15 1935 Constitution which prohibited the
alienation of all lands of the public domain except agricultural
lands had the effect of removing the land from the public
domain.
Republic vs. CA and Dela Rosa

1)
Ownership of lands does not extend to minerals
underneath. Regalian Doctrine reserves to the
State all natural wealth that may be found in the
bowels of earth even if the land where the
discovery is made be private. State may extract
the minerals therein in the exercise of its sovereign
prerogatives with the owner entitled to just
compensation.
2)
Also, a land cannot be partly mineral and partly
agricultural. It can only be either mineral or
agricultural. It can only have one classification.
Natural Resources within Ancestral Domain

National Parks
Palomo v. CA 95608 Jan 21 1997
Land reserved for national park cannot be

registered. Example, On July 10, 1954 President Ramon
Magsaysay issued Proclamation No. 47 converting the
area embraced by Executive Order No. 40 into the Tiwi
Hot Spring National Park, under the control,
management, protection and administration of Bureau
of Forest Development. The area was never released as
AD portion of the public domain and, therefore, is
neither susceptible to disposition under the provisions
of (CA 141) nor registrable under (Act No. 496).
Moreover, as part of the reservation for provincial park
purposes, they form part of the forest zone.
Military or Naval Reservations
When does a land (which is originally a part of public

domain) become a military reservation?
To segregate portions of public domain as a military

reservation, a presidential proclamation to that effect is only
needed.
Rep v. South Side Homeowners 156951 Sept 22

2006
9)
Foreshore Lands and Reclaimed Lands that strip of land

that lies between the high and low water marks and that is
alternately wet and dry according to the flow of the tide or that
part of the land adjacent to the sea which is alternately covered
by the ordinary flow of the tides.
shall not be alienated unless they are classified as

agricultural lands of the public domain.
mere reclamation of these areas does not convert these

inalienable natural resources of the State into A/D of the
public domain.
There must be a law/proclamation officially classifying these

reclaimed lands as A/D or open to disposition or concession.
Requisites for submerged areas to be A/D

1)
It must be reclaimed
2)
Classified as public agricultural land
3)
Government may then officially classify the lands
as A/D land open to disposition
4)
Thereafter, government may declare these lands
no longer needed for public service
Rp v. CA & Morato 170709 Nov. 14, 1977
Foreshore Lands; When the sea moves towards the

estate and the tide invades it, the invaded property
becomes foreshore land and passes to the realm of the
public domain. In fact, the Court in Government vs.
Cabangis annulled the registration of land subject of
cadastral proceedings when the parcel subsequently
became foreshore land. In another case, the Court
voided the registration decree of a trial court and held
that said court had no jurisdiction to award foreshore
land to any private person or entity. The subject land in
this case, being foreshore land, should therefore be
returned to the public domain.
Chavez v. PEA 133250 May 6, 2003
DEVELOPMENT
OF
LAW
GOVERNING
FORESHORE/RECLAIMED LANDS
Y
EAR
1
866
LAW
Span
ish
Law
on Waters
RULE
land reclaimed from the sea

belonged
to
the
party
undertaking
the
reclamation,
provided the government issued
the necessary permit and did not
reserve
ownership
of
the
reclaimed land to the State.

1
907
Act
1654
1
919
Act
2874
1
936
CA
141
1
957
1
973
1
992
RA
1957
PD
3-A
RA
7160
mandated that the government

should retain title to all lands
reclaimed by the government.
The Act also vested in the
government
control
and
disposition of foreshore lands.
Private parties could lease lands
reclaimed by the government
only if these lands were no longer
needed for public purpose.
Mandated public bidding in the
lease of government reclaimed
lands.
It
made
government
reclaimed lands sui generis in
that unlike other public lands
which the government could sell
to
private
parties,
these
reclaimed lands were available
only for lease to private parties.
NOTE: did not repeal sec. 5 of
SLW. Thus, reclaimed lands by
private parties with government
permission
remained
private
lands.
Section 58 disposable lands of
the public domain classified as a,
b, c shall be disposed of to
private parties by LEASE only
and not otherwise. (but there
must be a prior declaration by the
Governor Gen. that the lands
were not necessary for the public
service)
Sec. 56. The lands disposable
under this title shall be
classified as
(a) Lands reclaimed by the
Government by dredging,
filling, or other means;
(b) Foreshore;
(c) Marshy lands or lands
covered with water
bordering upon the shores or
banks of navigable lakes or
rivers;
(d) Lands not included in any of
the foregoing classes.
Reclaimed lands are merely

intended for NON-AFRICULTURAL
purposes such as for commercial,
industrial, and residential. The
government could only sell those
falling under 59(d). Foreshore
lands are inalienable under 1935
Constitution which only allowed
LEASE of these lands to qualified
private parties.
Municipalities and chartered cities are

allowed to undertake reclamation projects
Only the national government can

undertake reclamations
The
Local
Government
Code
authorized provinces and cities to fund and
undertake reclamation projects to service
the needs of their residents
Note: DENR is empowered to authorize reclamation and

classify lands of the public domain, while Public Estates Authority
(PEA) is authorized to do the physical reclamation. PEA, however,
needs to have DENRs authority which is contained in a

reclamation permit. This permit is only valid within 1 year.
For purposes of reclamation, the following easements are to

be considered and observed (3-20-40):
3 meters Urban area
20 meters Agricultural areas
40 meters Forest areas
CASE CONCLUSIONS:
1) The 157.84 hectares of reclaimed lands comprising the
Freedom Islands, now covered by certificates of title in the
name of PEA, are alienable lands of the public domain.
PEA may LEASE these lands to private corporations but may
NOT SELL OR TRANSFER OWNERSHIP of these lands to
private corporations. PEA may only sell these lands to
Philippine citizens, subject to the ownership limitations in the
1987 Constitution and existing laws.
2) The 592.15 hectares of submerged areas of Manila Bay
remain inalienable natural resources of the public domain
until otherwise classified as open to disposition and declared
no longer needed for public service. The government can
make such classification and declaration only
i. after PEA has reclaimed these submerged areas.
ii. Only then can these lands qualify as agricultural
lands of the public domain, which are the only
natural resources the government can alienate.
In their present state, the 592.15 hectares of
submerged areas are inalienable and outside
the commerce of man.
3) Since the Amended JVA seeks to transfer to AMARI, a private
corporation, ownership of 77.34 hectares of the Freedom
Islands, such transfer is VOID for being contrary to Section
3, Article XII of the 1987 Constitution which prohibits
private corporations from acquiring any kind of alienable
land of the public domain.
4) Since the Amended JVA also seeks to transfer to AMARI
ownership of 290.156 hectares of still submerged areas of
Manila Bay, such transfer is VOID for being contrary to
Section 2, Article XII of the 1987 Constitution which
prohibits the alienation of natural resources other than
agricultural lands of the public domain. PEA may reclaim
these submerged areas. Thereafter, the government can
classify the reclaimed lands as alienable or disposable, and
further declare them no longer needed for public service.
Still, the transfer of such reclaimed alienable lands of the
public domain to AMARI will be void in view of Section 3,
Article XII of the 1987 Constitution which prohibits private
corporations from acquiring any kind of alienable land of the
public domain.
RP v. CA and Rp Real Estate Corp 103882 Nov. 25,

1998
foreshore lands refers to:
The strip of land that lies between the high

and low water marks and that is alternately
wet and dry according to the flow of the tide.
A strip of land margining a body of water (as

a lake or stream); the part of a seashore
between the low-water line usually at the
seaward margin of a low-tide terrace and the
upper limit of wave wash at high tide usually
marked by a beach scarp or berm.
That Congress did not include submerged

areas could only signify the exclusion of
submerged areas from the term foreshore
lands.
See J. Punos concurring opinion
The authority to reclaim granted to chartered

cities and municipalities under Republic Act 1899 is
limited to foreshore lands only which is that part of the
land adjacent to the sea which is alternately covered
and left dry by the ordinary flow of the
tides.Foreshore lands has a settled meaning. s a
consequence, this Court declared the reclamation
contract ultra vires insofar as sixty percent (60%) of the
area sought to be reclaimed was beyond the foreshore,
and sustained as valid only to forty per cent (40%) of

the area covered by the ordinance and contract within

the foreshore.
10) Lakes
however, is that the right of petitioner as a timber licensee

must not be affected, impaired or diminished; it must be
respected. But, insofar as the Republic of the Philippines is
concerned, all its rights as grantor of the license were
effectively assigned, ceded and conveyed to UP as a
consequence of the above transfer of full ownership. This is
further borne out by Section 3 of R.A. No. 3990 which
provides, inter alia, that any incidental receipts or income
therefrom shall pertain to the general fund of the University
of the Philippines.
RP v. Alagad 66807 Jan 26 1989
And, "[i]nasmuch as Laguna de Bay is a lake, so

Colegio de San Jose further tells us, we must resort to
the legal provisions governing the ownership and use of
lakes and their beds and shores, in order to determine
the character and ownership of the parcels of land in
question."26 The recourse to legal provisions is
necessary, for under Article 74 of the Law of Waters,
[T]he natural bed or basin of lakes . . . is the ground
covered by their waters when at their highest ordinary
depth."27 and in which case, it forms part of the
national dominion.
Laguna Lake Development Authority has

exclusive jurisdiction to issue permits for the use of the
lake waters for any projects or activities in or affecting
the said lake. However, NEDA Boards approval is
necessary.
Highest Ordinary Depth - The depth that is

regular, common, natural, which occurs always or most
of the time during the year. Parts of the lake that are
not covered by waters in its highest ordinary depth may
be acquired.
11) Navigable Rivers
12) Creeks a recess or arm extending from a river and participating

in the ebb and flow of the sea, is a property belonging to the
public domain which is not susceptible to private appropriation
and acquisitive prescription, and as a public water, cannot be
registered under the Torrens system in the name of any individual.
13) Reservations for Public and Semi-public purpose
RP by Mindanao Medical Center vs CA 1976 Lands

covered by reservation are not subject to entry, and
no lawful settlement on them can be acquired. 23 The
claims o0f persons who have settled on occupied, and
improved a parcel of public land which is later included in a
reservation are considered worthy of protection and are
usually respected, but where the President, as authorized by
law, issuesa proclamation reserving certain lands and
warning all persons to depart therefrom, this terminates any
rights previously avquired in such lands by a person who was
settled thereon in order to obtain a preferential right of
purchase. 24 And patents for lands which have been
previously granted, reserved from sale, or appropriate, are
void.
It is true that Proclamation No. 350 states that the same is

subject to "privilege rights, if any there be," but Eugenio de
Jesus or his son Alejandro de Jesus failed to prove any private
rights over the property reserved. Nor could respondent
Alejandro de Jesus legitimately claim to have obtained title
by prescription over the disputed 12.8081 hectares,
inasmuch as by applying for the sale thereof (assuming
hypothetically that the 12.8081-hectare lot was included in
the original sales application for 33 hectares), his father,
Eugenio de Jesus, necessarily admits that the portions
applied for are part of the public domain, against which no
acquisitive prescription may lie 27 except as provided in
Section 48(b) of C.A. 141, as amended.
International Hardwood Veneer v. UP 521518 Aug 13

1991 Public Lands; Forest Lands; Transfer of
ownership;
Effect
on
existing
timber
license
agreements.When it ceded and transferred the property
to UP, the Republic of the Philippines completely removed it
from the public domain and, more specifically, in respect to
the areas covered by the timber license of petitioner,
removed and segregated it from a public forest; it divested
itself of its rights and title thereto and relinquished and
conveyed the same to the UP; and made the latter the
absolute owner thereof, subject only to the existing
concession. x x x. The proviso regarding existing concessions
refers to the timber license of petitioner. All that it means,
As provided for in Article 441 of the Civil Code, to the

owner belongs the natural fruits, the industrial fruits
and the civil fruits. There are, however, exceptions to this
rules, as where the property is subject to a usufruct, in which
case the usufructuary gets the fruits. 14 In the instant case,
that exception is made for the petitioner as licensee or
grantee of the concession, which has been given the license
to cut, collect, and remove timber from the area ceded and
transferred to UP until I February 1985. However, it has the
correlative duty and obligation to pay the forest charges, or
royalties, to the new owner, the UP, at the same rate as
provided for in the Agreement. The charges should not be
paid anymore to the Republic of the Philippines through the
Bureau of Internal Revenue because of the very nature of the
transfer as aforestated. Consequently, even the Bureau of
Internal Revenue automatically lost its authority and
jurisdiction to measure the timber cut from the subject area
and to collect forestry charges and other fees due thereon.
SEC. 15 FORMS AND CONTENTS OF

THE APPLICATION FOR REGISTRATION
SEC. 16-22
MENDOZA V. CA 84 SCRA 67
It is clear from the above-quoted provision that the law

expressly allows the land, subject matter of an application
for registration, to be dealt with, i.e., to be disposed of or
encumbered during the interval of time between the filing of
the application and the issuance of the decree of title, and to
have the instruments embodying such disposition or
encumbrance presented to the registration court by the
interested party for the court to either order such land
registered subject to the encumbrance created by said
instruments, or order the decree of registration issued in the
name of the buyer or of the person to whom the property
has been conveyed by said instruments.
1)
2)
The buyer in whose favor the land subject of a registration

proceeding may be ordered registered may be a total
stranger thereto provided certain requisites of prior notice to
the parties and presentation of the sales covenant is
presented.The law does not require that the application for
registration be amended by substituting the buyer or the
person to whom the property has been conveyed for the
applicant. Neither does it require that the buyer or the
person to whom the property has been conveyed be a
party to the case. He may thus be a total stranger to the
land registration proceedings The only requirements of the
law are:
that the instrument be presented to the court by the interested
party together with a motion that the same be considered in
relation with the application; and
that prior notice be given to the parties to the case. And the
peculiar facts and circumstances obtaining in this case show that
these requirements have been complied with.
A decree of registration may be set aside only on

the ground of fraud in obtaining the same, not on the ground
of failure of the vendee to pay the purchase price.
SEC.
2326
OPPOSITION, DEFAULT
Purpose of Publication
PUBLICATION,

1)
2)
1)
2)
3)
4)
5)
1)
2)
Confer jurisdiction upon the court over the res

To apprise the whole world of the pending registration case
Mailings; when mandatory

Persons named in the application
DPWH
DAR
DoL
SolGen
Posting
Duly attested copy of the notice be posted by the sheriff in
conspicuous place on the land applied for and on the bulletin
board of the municipality or city in which the land is situated
Within 14 days before the initial hearing
DIRECTOR
ABISTADO
Land Registration; Publications; Absent any publication in a

newspaper of general circulation, the land registration court
cannot validly confirm and register the title of the applicant.
Admittedly, the Sec. 23(1) provides that publication in the
OFFICIAL GAZETTE suffices to confer jurisdiction upon the
land registration court. However, the question boils down to
whether, absent any publication in a newspaper of GENERAL
CIRCULATION, the land registration court can validly confirm
and register the title of private respondents. We answer this
query in the negative. This answer is impelled by the
demands of statutory construction and the due process
rationale behind the publication requirement.
1)
2)
1)
2)
3)
4)
1)
OF
LANDS
VS
CA
2)
3)
4)
Adjudged pertinent issue/s on the merits

Rendered by a court that had jurisdiction over the subject matter
AND the parties
Identity of the parties, cause of action, and subject matter
between the first and second actions
VALISNO VS PLAN
Supreme Court sustained the applicants motion to dismiss

the opposition when it appeared that the property sought to
be registered had been previously litigated between the
applicant and the oppositor in a civil case for recovery of
possession, resulting in a judgment favorable to the
applicant. It was held that while the complaint in the first
action is captioned for recovery of possession, the
allegations and the prayer for relief therein raise the issue of
ownership. In effect, it is in the nature of an accion
reinvidicatoria. The second case is for registration of title.
Consequently, between the two cases there is identity of
causes of action because in accion reinvidicatoria,
possession is sought on the basis of ownership and the same
is true in registration cases. Registration of title in ones
name is based on ownership. It does not matter that the first
case was decided by a court of general jurisdiction, while the
second case is being heard by one of a limited jurisdiction,
such as a registration court, It is enough that the court which
decided the first case on the merits had validly acquired
jurisdiction over the subject matter and the parties. That
both courts should have equal jurisdiction is not a
requisite of res judicata.
AND
Requisites for Valid Opposition

1) The oppositor must have interest (not mere claim) in
the land applied for;
2) Ground for the objection and nature of claimed interest
must be stated;
3) Desired Relief must be indicated;
4) Opposition must be signed and sworn to by him or by
his duly authorized representative (or verified)
Effect of Failure to Oppose

All the allegations contained in the application shall be held as
confessed by reason of the absence of denial on the part of the
opponent;
He cannot allege any damage or error against the judgment
ordering the registration in as much as he did not allege or
pretend to have any right on such land.
Who are persons deemed to have legal standing to

file oppositions?
A homesteader who has not yet been issued his title but has
fulfilled all the conditions required by law for the issuance of
patent;
A purchaser of friar land who is deemed to have an equitable title
to the land even before the issuance of the patent;
An awardee in a sales application who, by virtue of the award, is
authorized to take possession of the land to enable him to comply
with the requirements for the issuance of patent;
A person claiming to be in possession of the land and has applied
with the LMB for its purchase.
Note: An applicant under Public Land Act cannot be a proper

party to oppose an application for registration under the
Torrens System since by filing his application with the LMB,
he recognizes the character of the land as public land and
not as private property. Only the SOLGEN can interpose
opposition to registration whose subject land is owned by
the State.
Note: Government may appeal despite failure of the agency

to file opposition. Government is usually not estopped by the
mistake or error of its officials or agents. Absence of
opposition by the government (whether by error or mistake
on the part of its official) does not justify outright
registration. The applicant, even if there is no opposition,
must show that he is the absolute owner to the satisfaction
of the court.
Note: Motion to dismiss the opposition based on res judicata

is proper in registration proceeding
Requisites of RES JUDICATA

Former Final judgment or Order
1)
2)
When courts require submission of subdivision plan;

approved by DoL
If the opposition or adverse claim covers only a portion of
the lot applied for which is not delimited on the plan
accompanying the application;
In case of undivided co-ownership, conflicting claims of
ownership or possession, or overlapping of boundaries.
Order of
Default
General
1)
2)
1)
2)
Addressed
to
whole world
the
Order of Special
Default
This order is directed
only against those
who did not enter
their appearance and
file answer. This is
issued when some
persons have made
appearance.
Can the order of general default be lifted? YES

By a motion, be amended by the court being an interlocutory
order
Only when the interest of substantial justice and the speedy
determination of the controversy require so
However, a party in default can appeal the judgment

even w/o the required prior filing of a motion to set
aside the order of default if the following grounds
exist:
Plaintiff failed to prove the material allegations of the complaint,
or
The decision is contrary to law
CADASTRAL REGISTRATION
PROCEEDINGS
SEC. 35-38
Process leading to the adjudication of property thru
Cadastral Proceedings (summary)
Cadastral survey preparatory to filing of petition to be done by the
DoL upon order of the Pres. Who is of the opinion that public
interest requires that unregistered land be titled
Notice of survey and publication to persons claiming any interest
as well as to the general public of the day on which the survey will
begin
Filing of petition for registration by the DL thru the OSG in the RTC
of the place where land is after the survey
Publication of the application for registration and schedule of
initial hearing
1)
2)
3)
4)

5)
6)
7)
Filing of answer by claimants, whether named in the notice or not,

on or before the date of initial hearing or within such further time
as may be allowed by the court
Hearing of the petition which may occur at any convenient place
w/I the province in which the lands are situated
Judgment may be rendered by the court after adjudicating all
conflicting interests and award decrees in favour of the persons
entitled to the lands
In the absence of successful claimants, the property is

declared public land
Title is deemed vested upon expiration of the period to

appeal from the decision or adjudication by the cadastral
court (15 days from notice)
Note: Only unregistered lands may be the subject of a

cadastral survey. It is already covered by an OCT or TCT, it
cannot be the subject of cadastral survey anymore. If,
however, the lands are already private (i.e. OCENPO since
June 12, 1945), the cadastral court may issue new titles in
favor of the owner and it may be done simultaneously with
the cadastral proceedings. In this case, it must include, in
the new title, the whole land specified in the prior title
Power of a cadastral court:

1) Its jurisdiction over previously titled lands is limited to the
correction of technical errors in the description of the land;
2) It may issue a writ of possession.
Res Adjudicata; Appeal; The Director of Lands should

raise the defense of res adjudicata in a land
registration proceedings, otherwise it is deemed
waived.We find no legal basis to uphold the foregoing
contentions of petitioner. It is clear from the evidence on
record that in the proceedings had before the Court of First
Instance of Batangas, acting as a land registration court, the
oppositor Director of Lands, petitioner herein, did not
interpose any objection nor set up the defense of res
adjudicata with respect to the lots in question. Such failure
on the part of oppositor Director of Lands, to OUR mind, is a
procedural infirmity which cannot be cured on appeal.
Res Adjudicata; A judgment in a cadastral case that a
parcel of land is public land does not preclude a
person, even the same applicant, from later seeking
judicial confirmation of his title to the same land.A
judicial declaration that a parcel of land is public, does not
preclude even the same applicant from subsequently
seeking a judicial confirmation of his title to the same land,
provided he thereafter complies with the provisions of
Section 48 of Commonwealth Act No. 141, as amended, and
as long as said public land remains alienable and disposable
(now sections 3 and 4, P.D. No. 1073).
1)
2)
a.
b.
DIRECTOR OF LANDS VS CA AND PASTOR
a.
b.
CITIZENSHIP REQUIREMENT
GR: Aliens are disqualified from acquiring public and

private lands
EXN: Sec 7-8, Art. XII of the 1987 Constitution
Hereditary Succession
Section 7. 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.
Natural-born citizen who has lost citizenship
Section 8. Notwithstanding the provisions of

Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a
transferee of private lands, subject to limitations provided by
law.
Limitation as provided by RA 7042

as amended by RA 8179 MARCH 28, 1996
Rules: Any natural-born citizen who has the legal capacity to
enter into a contract may be a transferee of a private land:
Up to 5, 000 square meters in case of URBAN land
Up to 3 hectares in case of RURAL land to be used by him for
business or other purposes.
In case of married couples:
One of them may avail of the privilege herein granted.

If both of them shall avail of the same, the total area acquired
shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural

land for business or other purposes:
a.
He shall still be entitled to be a transferee of additional urban or
rural land for business or other purposes which, when added to
those already owned by him, shall not exceed the maximum areas
herein authorized.
b.
A transferee who has already acquired urban land shall be
disqualified from acquiring rural land area and vice versa.
WHEN ABOVE RULES ARE NOT APPLICABLE: RA 9225

(Citizenship
Retention
and
Reacquisition
Act
of
2003)natural-born citizens of the Philippines who have lost
their
Philippine
citizenship
by
reason
of
their
NATURALIZATION as citizens of a foreign country are deemed
to have RE-ACQUIRED Philippine citizenship UPON TAKING
THEIR OATH OF ALLEGIANCE TO THE REPUBLIC, and shall
enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws
of the Philippines.
Krivenko vs. ROD 79 PHIL 461
If the term "private agricultural lands" is to be construed as

not including residential lots or lands not strictly agricultural,
the result would be that aliens may freely acquire and
possess not only residential lots and houses for themselves
but entire subdivisions, and whole towns and cities, and that
they may validly buy and hold in their names lands of any
area for building homes, factories, industrial plants, fisheries,
hatcheries, schools, health and vacation resorts, markets,
golf courses, playgrounds, airfields, and a host of other uses
and purposes that are not, in apellant's words, strictly
agricultural. That this is obnoxious to the conservative spirit
of the Constitution is beyond question.
Rep v. CA and Lapina 235 SCRA 567
The Constitution allows natural-born citizens who have lost

their Philippine citizenship to acquire private lands; BP 185
governs the disposition of private lands in favor of naturalborn Filipino citizens who have lost their Philippine
citizenship.But what should not be missed in the
disposition of this case is the fact that the Constitution itself
allows private respondents to register the contested parcels
of land in their favor. Sections 7 and 8 of Article XII of the
Constitution contain the pertinent provisions. Section 8 is
similar to Section 15, Article XIV of the then 1973
Constitution. Pursuant thereto, B.P. 185 was passed into law.
From the adoption of the 1987 Constitution up to the
present, no other law has been passed by the legislature on
the same subject. Thus, what governs the disposition of
private lands in favor of a natural-born Filipino citizen who
has lost his Philippine citizenship remains to be BP 185.
A foreign national may apply for registration of title over a

parcel of land which he acquired by purchase while still a
citizen of the Philippines from a vendor who has complied
with the requirements for registration under the law.Even if
private respondents were already Canadian citizens at the
time they applied for registration of the properties in
question, said properties as discussed above were already
private lands; consequently, there could be no legal
impediment for the registration thereof by respondents in
view of what the Constitution ordains. The parcels of land
sought to be registered no longer form part of the public
domain. They are already private in character since private
respondents predecessors-in-interest have been in open,
continuous and exclusive possession and occupation thereof
under claim of ownership prior to June 12, 1945 or since
1937. The law provides that a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a
transferee of a private land up to a maximum area of 1,000
sq. m., if urban, or one (1) hectare in case of rural land, to be
used by him as his residence (BP 185). It is undisputed that
private respondents, as vendees of a private land, were
natural-born citizens of the Philippines.
or the purpose of transfer and/or acquisition of a parcel of

residential land, it is not significant whether private
respondents are no longer Filipino citizens at the time they
purchased or registered the parcels of land in question. What
is important is that private respondents were formerly
10

natural-born citizens of the Philippines, and as transferees of

a private land, they could apply for registration in
accordance with the mandate of Section 8, Article XII of the
Constitution. Considering that private respondents were able
to prove the requisite period and character of possession of
their predecessors-in-interest over the subject lots, their
application for registration of title must perforce be
approved.
Phil. Banking v. Lui She 21 SCRA 52
When invalid.If an alien is given not only a lease of, but

also an option to buy, a piece of land, by virtue of which the
Filipino owner cannot sell or otherwise dispose of his
property, this to last for 50 years, then it becomes clear that
the arrangement is a virtual transfer of ownership whereby
the owner divests himself in stages not only of the right to
enjoy the land (jus possidendi, jus utendi, jus fruendi, and jus
abutendi), but also of the right to dispose of it (jus
disponendi)rights the sum total of which make up
ownership It is just as if today the possession is transferred,
tomorrow the use, the next day the disposition, and so on,
until ultimately all the rights of which ownership is made up
are consolidated in an alien. If this can be done, then the
constitutional ban against alien landholding in the
Philippines, as announced in Krivenko vs. Register of Deeds
(79 Phil. 461) is indeed in grave peril.
Rule: Foreigners are allowed to purchase condominium units
Limitation:
1) Only up to not more than 40% of the total & outstanding
capital stock of a condominium corporation
2) As long as 60% of the members of the condominium
corporation are Filipinos, the remaining members can be
foreigners
Why allowed?
The land is owned by the condominium

corporation and the unit owner is simply a member in this
corporation, the constitutional proscription against alien
owning real property does not apply.
What happens if the land is donated to a religious

corporation controlled by non-Filipinos?
They are NON-REGISTRABLE
Corporation Aggregate- operated through

trustees which nationality, if foreign, cannot acquire
properties in the Philippines; A corporation aggregate is
different from a corporation sole. A corporation sole consists
of one person only, is vested with the right to purchase and
hold real estate and to register the same in trust for the
faithful members of the religious society or church for which
the corporation was organized. It has no nationality, and
therefore it can acquire a land.
Situation: What happens when a Filipino sold his land to an

alien, and he eventually seeks to get the land back to his hands?
1) They cannot recover the lands that they have voluntarily
parted with, because of their guilty knowledge that it is in
violation of the constitution. They are presumed to know the
law.
2) Parties to the contract are considered in pari delicto The
law will not aid either party to an illegal agreement; it leaves
the parties where it finds them.
Exception to the rule of in pari delicto:

1) The original parties who were guilty have died and have
since been substituted by their administrators to whom
it would be unjust to impute their guild;
2) When the agreement is not illegal per se but is merely
prohibited and the prohibition by law is designed for the
protection of the plaintiff, he may, if public policy is
thereby enhanced, recover what he has paid or
delivered.
The following are allowed to acquire PRIVATE lands

1) Filipino Citizens
2) Filipino corporations and associations
3) Aliens, but only by hereditary succession, and
4) A natural-born citizen of the Philippines who has lost his
citizenship under the terms of Section 8.
SPECIFIC
OWNERSHIP
EVIDENCE
OF
GR: Regalian Doctrine

EXN: when there is a presentation of a land grant, which
must be well-nigh incontrovertible
1)
2)
3)
4)
5)
6)
7)
1)
2)
The following are the evidence that are deemed

sufficient to establish classification of land as A and
D:
Certification of the Bureau of Forest Development that the land
has been released as A and D land;
Land Classification Map showing that the land lies within the A
and D portion of the public domain;
Executive proclamation withdrawing form a reservation a specific
area and declaring the same open for entry, sale or other mode of
disposition;
Legislative act or executive proclamation reserving a portion of
the public domain of public or quasipublic use, which amounts to
a transfer of ownership to the grantee;
Report of a land inspector of the Bureau of Land that the subject
land was found inside an agricultural zone;
Certification by the CENRO of the DENR that the land is found to
be within the A and D site per land classification project map;
a.
CENRO shall issue a Certified True Copy of Land Classfication
Maps regardless of heritage (except NCR);
b.
DENR approval of the original land classification and release
of the land as A & D;
c.
Such original classification must be certified as true copy by
the legal custodian of official records
Certification by DENR Regional Technical Director;
Heirs of Mario Malabanan vs. RP
Taking into consideration that the Executive Department is

vested with the authority to classify lands of the public
domain, Section 48(b) of the Public Land Act, in relation
to Section 14(1) of the Property Registration Decree,
presupposes that the land subject of the application for
registration must have been already classified as agricultural
land of the public domain in order for the provision to apply.
An examination of Section 48(b) of the Public Land Act
indicates that Congress prescribed no requirement that the
land subject of the registration should have been classified
as agricultural since June 12, 1945, or earlier. As such, the
applicants imperfect or incomplete title is derived
only from possession and occupation since June 12,
1945, or earlier. This means that the character of the
property subject of the application as alienable and
disposable agricultural land of the public domain determines
its eligibility for land registration, not the ownership or title
over it. Alienable public land held by a possessor, either
personally or through his predecessors-in-interest, openly,
continuously and exclusively during the prescribed statutory
period is converted to private property by the mere lapse
or completion of the period.
Rules In The Disposition Of Public Land

General Rule: all lands of the public domain belong to the State
and are inalienable. Lands that are not clearly under private
ownership are also presumed to belong to the State and,
therefore, may not be alienated or disposed;
Exceptions
a.
Agricultural lands of the public domain are rendered
alienable and disposable through any of the exclusive modes
enumerated under Section 11 of the Public Land Act. If the
mode is judicial confirmation of imperfect title under
Section 48(b) of the Public Land Act, the agricultural land
subject of the application needs only to be classified as
alienable and disposable as of the time of the application,
provided the applicants possession and occupation of the
land dated back to June 12, 1945, or earlier. Thereby, a
conclusive presumption that the applicant has performed all
the conditions essential to a government grant arises, and
the applicant becomes the owner of the land by virtue of an
imperfect or incomplete title. By legal fiction, the land has
already ceased to be part of the public domain and has
become private property
b.
Lands of the public domain subsequently classified or

declared as no longer intended for public use or for the
development of national wealth are removed from the
sphere of public dominion and are considered converted into
patrimonial lands or lands of private ownership that may be
alienated or disposed through any of the modes of acquiring
11

ownership under the Civil Code. If the mode of acquisition is

prescription, whether ordinary or extraordinary, proof that
the land has been already converted to private ownership
prior to the requisite acquisitive prescriptive period is a
condition sine qua non in observance of the law (Article
1113, Civil Code) that property of the State not patrimonial
in character shall not be the object of prescription.
Republic vs. T.A.N. Properties, Inc., 555 SCRA 477
DENR Administrative Order No. 20 provides that:

1) CENRO issues certificate of land classification status for areas
below 50 hectares.
2) PENRO issues certificate of land classification status for lands
covering over 50 hectares.
In this case, the land sought to be registered is 56 hectares,

which is clearly over 50 hectares and is beyond the authority
of CENRO to certify the same as A and D. The Regional
Technical Director has no authority to issue certificates of
land classification. The certificate he issued bears no
probative value. Further, It is not enough for the PENRO or
CENRO to certify that a land is alienable and disposable. The
applicant for land registration must prove that the DENR
Secretary had approved the land classification and released
the land of the public domain as alienable and disposable,
and that the land subject of the application for registration
falls within the approved area per verification through survey
by the PENRO or CENRO. In addition, the applicant for land
registration must present a copy of the original classification
approved by the DENR Secretary and certified as a true copy
by the legal custodian of the official records. These facts
must be established to prove that the land is alienable and
disposable. Respondent failed to do so because the
certifications presented by respondent do not, by
themselves, prove that the land is alienable and disposable.
Survey Plan - an act by which the quantity of a parcel of

land is ascertained. It also refers to a delineation of
possession and serves to establish the true identity of the
land. The LMB verifies and approves the survey plans for
ORIGINAL registration purposes.
Tracing Cloth Plan submission is not mandatory. What is

only required is a certified copy of the tracing cloth approved
by the Regional Technical Director. Presentation may be
dispensed with if there is a survey plan that is presumed
correct and not overturned.
Tax Declarations and Tax Receipts- not conclusive

evidence of ownership, nevertheless, they are good indicia of
adverse possession. When coupled with actual possession,
constitutes evidence of great weight and can be the basis of
a claim of ownership through prescription.
Rep vs IAC and Leyco 140 SCRA 98
Land Registration Act; Evidence; Discrepancies in the tax

declarations submitted in evidence as to who are the
adjoining owners cast serious doubts on applicants' claim
over the lots in question.ln 1949, Fausta de Jesus filed Tax
Declaration No. 475 (Exh. M-7) which cancelled Tax
Declaration No. 5319 over the same parcel of land. A close
examination, however, of Tax Declaration No. 475 shows that
the listing of the adjoining owners therein was at variance
with what was previously stated in Tax Declaration No. 5319.
Applicants' for confirmation of imperfect title based on their

being children of their predecessor-in-interest must prove
that they are the sole heirs of the latter.Morever,
respondent applicants herein have not shown nor
established clearly their right to inherit from their
predecessor-in-interest. The observation of the Solicitor
General on this point is thus well taken: "Even assuming that
applicants' deceased mother acquired registerable title over
the parcels in question, applicants cannot be said to have
acquired the same right proper for registration. They have
not presented any evidence of value to prove that they have
the right to inherit whatever portion of the properties left by
Fausta de Jesus. They have first to show their right to
succeed Fausta, testate or intestate; to establish who
Fausta's legal heirs are or that applicants, and no other, are
Fausta's sole heirs. But all these should be threshed out in a
proper proceeding, certainly not in a land registration case."
SEC 28-31
Within what period can the judgment of land
registration proceedings be filed?
Within 15 days from the date the party concerned receives notice
of judgment. Otherwise, it becomes final.
What happens when the judgment becomes final?

1. Land registration court is obliged to issue an order for the
issuance of the decree;
2. LRA Administrator, pursuant to said order, must issue the
corresponding decree of registration to the person entitled;
3. Judgment once final cannot be amended to modify decree. It
is the purpose of the Torrens system of registration to settle
finally all issues related to the land registered.
NOTE: The order is different from the actual decree
The court retains jurisdiction until after the expiration

of 1 year from the issuance of the decree of
registration by the LRA
Within 1 year from the issuance of the decree, the decision may,
upon notice and hearing be still set aside and the land
adjudicated to another with a better right since indefeasibility
only arises after the expiration of 1 year from the issuance of the
decree.
Writ of possession
May be issued not only against the person who has been defeated
in a registration case but also against one unlawfully and
adversely occupying the land or any portion thereof during the
land registration proceedings up to the issuance of the final
decree
Issuance of the decree of registration is part of the registration
proceedings. In fact it is supposed to end the said proceedings.
Writ of possession is necessary to end the proceedings.
Writ of demolition
It is a complement of the writ of possession. Without demolition,
writ of possession will be rendered ineffective.
NOTE: refusal to vacate by the persons against whom writ is

addressed may be considered as a contempt of court.
Instances when writ may not issue

1. When it has already been issued at the applicant or his
successors
2. When the person against whom it is sought to be used have
occupied the premises after the final decree was issued, and
not have taken direct parts as opponents in the registration
proceedings where said final decree was issued
3. It cannot be issued in a petition for reconstitution of an
allegedly lost or destroyed certificate of title
How do you compel the TC to issue writ of

possession? Mandamus
Lucero vs. Loot, 25 SCRA 687, No. L-16995 October 28,

1968
Land Registration Act; Final decree; Writ of possession; When

writ of possession may be issued; Period of prescription as to
its issuance.When a final decree has been issued in a land
registration case, the issuance of a writ of possession is only
a matter of course if nothing in the past has been issued in
favor of the registered owner. There is no period of
prescription as to the issuance of a writ of possession (Cf.
Sorogon v. Makalintal, 80 Phil. 259).
Same; Against whom writ of possession may be

issued; Writ of demolition is but a complement of writ
of possession.A writ of possession may be issued not
only against the person who has been defeated in a
registration case but also against anyone adversely
occupying the land or any portion thereof during the land
registration proceedings. The issuance of the decree of
registration is part of the registration proceedings. In fact, it
is supposed to end the said proceedings. Consequently, any
person unlawfully and adversely occupying said lot at any
time up to the issuance of the final decree, may be subject
to judicial ejectment by means of a writ of possession and it
is the duty of the registration court to issue said writ when
asked for by the successf ul claimant.
12

If the writ of possession issued in a land registration

proceeding implies the delivery of possession of the land to
the successful litigant therein, a writ of demolition must,
likewise, issue, especially considering that the latter writ is
but a complement of the former which, without said writ of
demolition, would be ineffective (Marcelo v. Mencias, L15609, April 29, 1960).
1)
2)
3)
4)
Jurisdiction; Issuance of writ of possession; Effect of

pendency of a case for reconveyance upon jurisdiction
of trial court to issue writ of possession.The mere
pendency of a suit for reconveyance does not oust the trial
court of its jurisdiction to issue a writ of possession. As
stated in Agreda v. Rodriguez (L-21695, April 29, 1966):
"Besides, it is clear that respondent Judge had jurisdiction to
pass upon the motion of Santiago Agreda for the issuance of
a writ of possession. Whether or not the motion should have
been denied, in view of institution of said Civil Case No.
6267, is a matter that does not affect said jurisdiction."
Manotok Realty vs CLT Devt Corp 540 SCRA 304
Land Titles; The original certificate of title is issued
on the date the decree of registration is transcribed;
What stands as the certificate of the title is the
transcript of the decree of registration made by the
registrar of deeds in the registry.With the plain
language of the law as mooring, this Court in two vintage
and sound rulings made it plain that the original certificate of
title is issued on the date the decree of registration is
transcribed. In the first ruling, it was held that there is a
marked distinction between the entry of the decree and the
entry of the certificate of title; the entry of the decree is
made by the chief clerk of the land registration and the entry
of the certificate of title is made by the register of deeds.
Such difference is highlighted by Sec. 31 of Act No. 496 as it
provides that the certificate of title is issued in pursuance of
the decree of registration. In the second, it was stressed that
what stands as the certificate of the title is the transcript of
the decree of registration made by the registrar of deeds in
the registry.
Same; The date when the decree of registration is
received for transcription by the Register of Deeds is
the date of registration since that was when he is
able to transcribe the decree in the registration book,
such entry made in the book being the original
certificate of title.Otherwise stated, what is actually
issued by the register of deeds is the certificate of title itself,
not the decree of registration, as he is precisely the recipient
from the land registration office of the decree for
transcription to the certificate as well as the transcriber no
less. Since what is now acknowledged as the authentic OCT
No. 994 indicates that it was received for transcription by the
Register of Deeds of Rizal on 3 May 1917, it is that date that
is the date of registration since that was when he was able to
transcribe the decree in the registration book, such entry
made in the book being the original certificate of title.
Moreover, it is only after the transcription of the decree by
the register of deeds that the certificate of title is to take
effect.
REMEDIES
SEC. 32
NEW TRIAL OR MR
RELIEF FROM JUDGMENT
APPEAL
REVIEW OF DECREE OF REGISTRATION
Eland Philippines vs Garcia
Palanca vs American Food Manufacturing Co
RECONVEYANCE
QUIETING OF TITLE
ACTION FOR DAMAGES
REVERSION
D.B.T. Mar-Bay Construction vs Panes
Yujuico vs Republic
CANCELLATION OF TITLE
RECOVERY FROM THE ASSURANCE FUND
CRIMINAL PROSECUTION
Heirs of Kionisala vs Heirs of Dacut
Roxas vs Garcia
5)
6)
7)
8)
New Trial or Motion for Reconsideration

Relief from Judgment
Appeal
Review of Decree of Registration
Eland Phil v. Garcia 613 SCRA 66
Land Registration; Courts may reopen proceedings

already closed by final decision or decree when an
application for review is filed by the party aggrieved
within one year from the issuance of the decree of
registration.Courts may reopen proceedings already
closed by final decision or decree when an application for
review is filed by the party aggrieved within one year from
the issuance of the decree of registration. However, the basis
of the aggrieved party must be anchored solely on actual
fraud. Shedding light on the matter is a discussion presented
in one of the recognized textbooks on property registration,
citing decisions of this Court, thus: The right of a person
deprived of land or of any estate or interest therein by
adjudication or confirmation of title obtained by actual fraud
is recognized by law as a valid and legal basis for reopening
and revising a decree of registration. One of the remedies
available to him is a petition for review. To avail of a petition
for review, the following requisites must be satisfied: (a) The
petitioner must have an estate or interest in the land; (b) He
must show actual fraud in the procurement of the decree of
registration; (c) The petition must be filed within one year
from the issuance of the decree by the Land Registration
Authority; and (d) The property has not yet passed to an
innocent purchaser for value. A mere claim of ownership is
not sufficient to avoid a certificate of title obtained under the
Torrens system. An important feature of a certificate of title
is its finality. The proceedings whereby such a title is
obtained are directed against all persons, known or
unknown, whether actually served with notice or not, and
includes all who have an interest in the land. If they do not
appear and oppose the registration of their own estate or
interest in the property in the name of another, judgment is
rendered against them by default, and, in the absence of
fraud, such judgment is conclusive. If an interest in the land
will not by itself operate to vacate a decree of registration, a
fortiori, fraud is not alone sufficient to do so.
Palanca vs American Food GR No. L-22822 (1968)
Not every kind of fraud, however, is sufficient ground to set

aside a judgment. Only extrinsic or collateral, as
distinguished from intrinsic, fraud is a ground for annulling a
judgment (Varela v. Villanueva, et al., 95 Phil. 248). Extrinsic
fraud ref ers to any f raudulent act of the successful ul party
in a litigation which is committed outside the trial of a case
against the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is prevented from
presenting fully and fairly his side of the case. On the other
hand, intrinsic fraud refers to acts of a party in a litigation
during the trial, such as the use of forged instruments or
perjured testimony, which did not affect the presentation of
the case, but did prevent a fair and just determination of the
case (Phillips Petroleum Co., et al. v. Jenkins, 91 F. [2d] 183).
When fraud constitutes a ground to annul a judgment;

Reason for the rule that only extrinsic fraud is a ground for
nullity of a judgment.The rule is that an action to annul a
judgment, upon the ground of fraud, will not lie unless the
fraud be extrinsic or collateral and the facts upon which it is
based have not been controverted or resolved in the case
where the judgment sought to be annulled was rendered,
and that false testimony or perjury is not a ground for
assailing said judgment, unless the fraud refers to
jurisdiction (Labayen v. Talisay-Silay Milling Co., 68 PhiL 376).
Were not this the rule there would be no end to litigations,
perjury being of such common occurrence in trials. In fact,
under the opposite rule. the losing party could attack the
judgment at any time by attributing imaginary falsehood to
his adversary's proofs. But the settled law is that judicial
determination however erroneous of matters brought within
the court's jurisdiction cannot be invalidated in another
proceeding. It is the business of a party to meet and repel his
opponent's perjured evidence (Almeda, et al. v. Cruz, 47 O.G.
1179).
Reconveyance
Quieting of Title
Action for Damages
Reversion
DBT Mar Bay Construction vs Panes 594 SCRA 578
13

Reconveyance; Prescription; An action for reconveyance can

be barred by prescription; When an action for reconveyance
is based on fraud, it must be filed within four (4) years from
discovery of the fraud, and such discovery is deemed to
have taken place from the issuance of the original certificate
of title; An action for reconveyance based on an implied or
constructive trust prescribes in ten (10) years from the date
of the issuance of the original certificate of title or transfer
certificate of title.An action for reconveyance can be
barred by prescription. When an action for reconveyance is
based on fraud, it must be filed within four (4) years from
discovery of the fraud, and such discovery is deemed to
have taken place from the issuance of the original certificate
of title. On the other hand, an action for reconveyance based
on an implied or constructive trust prescribes in ten (10)
years from the date of the issuance of the original certificate
of title or transfer certificate of title. The rule is that the
registration of an instrument in the Office of the RD
constitutes constructive notice to the whole world and
therefore the discovery of the fraud is deemed to have taken
place at the time of registration.
Same; Same; Same; If the plaintiff, as the real owner of the
property also remains in possession of the property, the
prescriptive period to recover title and possession of the
property does not run against him.The prescriptive period
applies only if there is an actual need to reconvey the
property as when the plaintiff is not in possession of the
property. If the plaintiff, as the real owner of the property
also remains in possession of the property, the prescriptive
period to recover title and possession of the property does
not run against him. In such a case, an action for
reconveyance, if nonetheless filed, would be in the nature of
a suit for quieting of title, an action that is imprescriptible.
Yujuico vs Republic 537 SCRA 513
Land Titles; Land Registration; Public Land Act (C.A. No. 141);
Reversion; An action for reversion seeks to restore public
land fraudulently awarded and disposed of to private
individuals or corporations to the mass of public domain.An
action for reversion seeks to restore public land fraudulently
awarded and disposed of to private individuals or
corporations to the mass of public domain. This remedy is
provided under Commonwealth Act (CA) No. 141 (Public Land
Act) which became effective on December 1, 1936. Said law
recognized the power of the state to recover lands of public
domain. Section 124 of CA No. 141 reads: SEC. 124. Any
acquisition, conveyance, alienation, transfer, or other
contract made or executed in violation of any of the
provisions of Sections one hundred and eighteen, one
hundred and twenty, one hundred and twenty one, one
hundred and twenty-two, and one hundred twenty-three of
this Act shall be unlawful and null and void from its execution
and shall produce the effect of annulling and cancelling the
grant, title, patent, or permit originally issued, recognized or
confirmed, actually or presumptively, and cause the
reversion of the property and its improvements to the State.
When Reversion Proper.Pursuant to Section 124 of the
Public Land Act, reversion suits are proper in the following
instances, to wit: 1. Alienations of land acquired under free
patent or homestead provisions in violation of Section 118,
CA No. 141; 2. Conveyances made by non-Christians in
violation of Section 120, CA No. 141; and 3. Alienations of
lands acquired under CA No. 141 in favor of persons not
qualified under Sections 121, 122, and 123 of CA No. 141.
Reversion suits were originally utilized to annul titles
or patents administratively issued by the Director of
the Land Management Bureau or the Secretary of the
Department of Environment and Natural Resources
(DENR).From the foregoing, an action for reversion to
cancel titles derived from homestead patents or free patents
based on transfers and conveyances in violation of CA No.
141 is filed by the OSG pursuant to its authority under the
Administrative Code with the RTC. It is clear therefore that
reversion suits were originally utilized to annul titles or
patents administratively issued by the Director of the Land
Management Bureau or the Secretary of the DENR.
9)
Cancellation of Title
10) Recovery from the Assurance Fund
11) Criminal Prosecution
Heirs of Kionisala vs Heirs of Dacut GR No 143739

(2002)
Land Titles; Declaration of Nullity; Reversion; An ordinary

civil action for declaration of nullity of free patents and
certificate of title is not the same as an action for reversion
in an action for reversion, the pertinent allegations in the
complaint would admit State ownership of the disputed land,
while a cause of action for declaration of nullity of free
patent and certificate of title would require allegations of the
plaintiffs ownership of the contested lot prior to the issuance
of such free patent and certificate of title as well as the
defendants fraud or mistake, as the case may be, in
successfully obtaining these documents of title over the
parcel of land claimed by plaintiff.An ordinary civil action
for declaration of nullity of free patents and certificates of
title is not the same as an action for reversion. The
difference between them lies in the allegations as to the
character of ownership of the realty whose title is sought to
be nullified. In an action for reversion, the pertinent
allegations in the complaint would admit State ownership of
the disputed land. Hence in Gabila v. Barriga where the
plaintiff in his complaint admits that he has no right to
demand the cancellation or amendment of the defendants
title because even if the title were canceled or amended the
ownership of the land embraced therein or of the portion
affected by the amendment would revert to the public
domain, we ruled that the action was for reversion and that
the only person or entity entitled to relief would be the
Director of Lands. On the other hand, a cause of action for
declaration of nullity of free patent and certificate of title
would require allegations of the plaintiffs ownership of the
contested lot prior to the issuance of such free patent and
certificate of title as well as the defendants fraud or
mistake, as the case may be, in successfully obtaining these
documents of title over the parcel of land claimed by
plaintiff. In such a case, the nullity arises strictly not from the
fraud or deceit but from the fact that the land is beyond the
jurisdiction of the Bureau of Lands to bestow and whatever
patent or certificate of title obtained therefor is consequently
void ab initio. 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.
The action for reconveyance based on implied trust
prescribes in ten (10) years.The action for reconveyance
based on implied trust, on the other hand, prescribes only
after ten (10) years from 1990 and 1991 when the free
patents and the certificates of title over Lot 1017 and Lot
1015, respectively, were registered. Obviously the action had
not prescribed when private respondents filed their
complaint against petitioners on 19 December 1995. At any
rate, the action for reconveyance in the case at bar is also
significantly deemed to be an action to quiet title for
purposes of determining the prescriptive period on account
of private respondents allegations of actual possession of
the disputed lots. In such a case, the cause of action is truly
imprescriptible.
Roxas vs Garcia 436 SCRA 253
At all events, the remedy of one who has established his
ownership over a property but which property has been
wrongfully or erroneously registered through fraud or
mistake in anothers name is, after the lapse of one year
from the date of issuance of the questioned decree, not to
set aside the decree, it having become incontrovertible and
no longer open to review, but to institute an ordinary action
in the ordinary court of justice for reconveyance.39
If the property, however, has already passed into the hands
of an innocent purchaser for value, the remedy is to file an
action for damages from the person who allegedly registered
the property through fraud,40 or if he had become insolvent
or if the action is barred by prescription, to file an action for
recovery against the Assurance Fund under Section 95 of P.D.
No. 152941 (the Property Registration Decree) within a
period of six years from the time the right to bring such
action accrues.
14

15

PD 1529
SECOND EXAM PROVISIONS
Section 15. Form and contents. The application for land registration shall be in writing, signed by the application or the
person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city
where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to
by and in behalf of each. The application shall contain a description of the land and shall state the citizenship and civil status
of the applicant, whether single or married, and, if married, the name of the wife or husband, and, if the marriage has been
legally dissolved, when and how the marriage relation terminated. It shall also state the full names and addresses of all
occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search
made to find them.
The application, shall, in form, be substantially as follows:
Republic
of
Court of First Instance of _________________
the
Philippines
The undersigned, ____________________________________________________________hereby applies (or apply) to have the land

hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto
registered and confirmed:
AND DECLARE . . . . .
1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or
possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the
exception of the following:__________________________________________________________________ which is/are the property of
_________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are
situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof,
with the following exception:___________________________________________________________________
2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings
and other improvements at P ___________, Philippine currency.
3. That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever
affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as
follows: _______________________________________________________________________________
4. That the applicant/s has/have acquired said land in the following manner: ________________________________
(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive
property of the applicant/s)
5.
That
said
land
is
occupied
by
the
following
person:
_____________________________
______________________________________________
6. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining
properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as
follows: ________________________________________________________________________________________
7. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved,
state when and how the marriage relation terminated.)_________________________________________________________________
_____________________
8. That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows:
___________________________________________________________________
9. That (Note: If the land included in the application is bounded by a public or private way or road, there should be
stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and
whether the applicant desires to have the line of the way or road determined.) ________________________________________
___________________________
10. That the following documents are attached hereto and made a part hereof: ___________________________________
________________________________
Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred
and ______________________.
_________
_________________
Applicant
_________________________
(Post Office Address)
REPUBLIC
OF
THE
PHILIPPINES
PROVINCE (OR CITY) OF _______________
On this _______________ day of _________________________,19 ________ personally appeared before me the abovenamed __________________________________________________ known to me to be the person/s who executed the foregoing
application and made oath that the statements therein are true of his/their knowledge, information and belief.
16
The Residence Certificate/s ______________________ of the applicant/s ______________ was/were exhibited to me being
No. _________________ issued at ___________________ dated ____________, 19 __________.
_________
_______________
(Notary
Public, or other
Officer
authorized
to
administer oaths)
PTR NO.
_________________
Section 16. Non-resident applicant. If the applicant is not a resident of the Philippines, he shall file with his application an
instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal
address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the
application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the
Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another
appointment for the substitute, and, if he fails to do so the court may dismiss the application.
Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the
province or city where the land is situated. The applicant shall file together with the application all original muniments of
titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.
The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands
with a copy of the application and all annexes.
Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to
the applicant/s provided they are situated within the same province or city. The court may at any time order an application to
be amended by striking out one or more of the parcels or by a severance of the application.
Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to parties
may be allowed by the court at any stage of the proceedings upon just and reasonable terms.
Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or
which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an
original application.
Section 20. When land applied for borders on road. If the application describes the land as bounded by a public or private
way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or
road, and whether the applicant desires to have the line of the way or road determined.
Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the
application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any
additional paper. It may also conduct an ocular inspection, if necessary.
Section 22. Dealings with land pending original registration. After the filing of the application and before the issuance of the
decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the
interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the
Director of Lands in case of transfer of portions thereof and the court, after notice to the parties, shall order such land
registered subject to the conveyance or encumbrance created by said instruments, or order that the decree of registration
be issued in the name of the person to whom the property has been conveyed by said instruments.
B. PUBLICATION, OPPOSITION AND DEFAULT
Section 23. Notice of initial hearing, publication, etc. The court shall, within five days from filing of the application, issue an
order setting the date and hour of the initial hearing which shall not be earlier than forty-five days nor later than ninety days
from the date of the order.
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.
1. By publication.
Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration
shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general
circulation in the Philippines: Provided, however, that the publication in the Official Gazette shall be sufficient to confer
jurisdiction upon the court. Said notice shall be addressed to all persons appearing to have an interest in the land involved
including the adjoining owners so far as known, and "to all whom it may concern". Said notice shall also require all persons
concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be
granted.
2. By mailing.
(a) Mailing of notice to persons named in the application. The Commissioner of Land Registration shall also,
within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of
the notice of initial hearing to be mailed to every person named in the notice whose address is known.
(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor. If the
applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall
cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial
Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies.
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the
Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and
Aquatic Resources. If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river
or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings
that a tenant-farmer or the national government may have a claim adverse to that of the applicant, notice of the
initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the
17

Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be
appropriate.
3. By posting.
The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be
posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of
land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the
municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing.
The court may also cause notice to be served to such other persons and in such manner as it may deem proper.
The notice of initial hearing shall, in form, be substantially as follows:
(Caption and Title)

NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known, and to all
whom it may concern):
An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the
registration and confirmation (or for the settlement and adjudication, in case of petition in cadastral proceedings) of title to
the following described lands:
(Insert description)
You are hereby served this notice to appear before this Court at its session to be held at _________________ on the
______________ day of _______________, 19 ______, at _____________ o'clock in the _________ then and there to present such
claims as you may have to said lands or any portion thereof, and to submit evidence in support of such claim; and unless
you appear at said Court at the time and place aforesaid, your default will be recorded and the title to the lands will be
adjudicated and determined in accordance with law and the evidence before the Court, and thereafter you will forever be
barred from contesting said application (or petition) or any decree entered thereon.
Witness, the Hon. ________________________ Judge of the Court of First Instance of _______ this _______ day of _________________,
in the year 19______.
Attest:
Commissioner of Land Registration
Section 24. Proof of publication and notice. The certification of the Commissioner of Land Registration and of the sheriff
concerned to the effect that the notice of initial hearing, as required by law, has been complied with shall be filed in the case
before the date of initial hearing, and shall be conclusive proof of such fact.
Section 25. Opposition to application in ordinary proceedings. 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. The opposition shall state all the objections to the application and shall set forth the interest
claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some
other duly authorized person.
If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited
on the plan attached to the application, or in case of undivided co-ownership, conflicting claims of ownership or possession,
or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of
Lands.
Section 26. Order of default; effect. 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. By the description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall
be concluded by the default order.
Where an appearance has been entered and an answer filed, a default order shall be entered against persons who did not
appear and answer.
C. HEARING JUDGMENT AND DECREE OF REGISTRATION
Section 27. Speedy hearing; reference to a referee. The trial court shall see to it that all registration-proceedings are
disposed or within ninety days from the date the case is submitted for decision,
The Court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear the parties and their
evidence, and the referee shall submit his report thereon to the Court within fifteen days after the termination of such
hearing. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him
and after reasonable notice thereof shall have been served the parties concerned. The court may render judgment in
accordance with the report as though the facts have been found by the judge himself: Provided, however, that the court may
in its discretion accept the report, or set it aside in whole or in part, or order the case to be recommitted for further
proceedings:
Section 28. Partial judgment. In a case where only a portion of the land subject of registration is contested, the court may
render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the
Director of Lands is previously submitted to said court.
Section 29. Judgment confirming title. All conflicting claims of ownership and interest in the land subject of the application
shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land
18

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.
Section 30. When judgment becomes final; duty to cause issuance of decree. The judgment rendered in a land registration
proceedings becomes final upon the expiration of thirty days to be counted from the data of receipt of notice of the
judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.
After judgment has become final and executory, it shall devolve upon the court to forthwith issue an order in accordance
with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding
certificate of title in favor of the person adjudged entitled to registration.
Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and
minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the
name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree
shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a
minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of
the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens,
attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is
subject, as well as any other matters properly to be determined in pursuance of this Decree.
The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be
provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches
thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all
whom it may concern".
Section 32. Review of decree of registration; Innocent purchaser for value. The decree of registration shall not be reopened
or revised by reason of absence, minority, or other disability of any person adversely affected thereby, nor by any
proceeding in any court for reversing judgments, subject, however, to the right of any person, including the government and
the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title
obtained by actual fraud, to file in the proper Court of First Instance a petition for reopening and review of the decree of
registration not later than one year from and after the date of the entry of such decree of registration, but in no case shall
such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein,
whose rights may be prejudiced. Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in this
Decree, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrancer for value.
Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for
damages against the applicant or any other persons responsible for the fraud.
Section 33. Appeal from judgment, etc. The judgment and orders of the court hearing the land registration case are
appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions:
Section 34. Rules of procedure. The Rules of Court shall, insofar as not inconsistent with the provision of this Decree, be
applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and
convenient.
II
CADASTRAL REGISTRATION PROCEEDINGS
A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY; NOTICES
Section 35. Cadastral Survey preparatory to filing of petition.
(a) When in the opinion of the President of the Philippines public interest so requires that title to any unregistered
lands be settled and adjudicated, he may to this end direct and order the Director of Lands to cause to be made a cadastral
survey of the lands involved and the plans and technical description thereof prepared in due form.
(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest in the lands as well as to the
general public, of the day on which such survey will begin, giving as fully and accurately as possible the description of the
lands to be surveyed. Such notice shall be punished once in the Official Gazette, and a copy of the notice in English or the
national language shall be posted in a conspicuous place on the bulletin board of the municipal building of the municipality
in which the lands or any portion thereof is situated. A copy of the notice shall also be sent to the mayor of such municipality
as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.
(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall give notice
reasonably in advance of the date on which the survey of any portion of such lands is to begin, which notice shall be posted
in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated, and shall mark the
boundaries of the lands by monuments set up in proper places thereon. It shall be lawful for such Geodetic Engineers and
other employees to enter upon the lands whenever necessary for the purposes of such survey or the placing of monuments.
(d) It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to
communicate with the Geodetic Engineer upon his request therefor all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims any interest.
(e) Any person who shall willfully obstruct the making of any survey undertaken by the Bureau of Lands or by a
licensed Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the
placing of any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land
pursuant to law, shall be punished by a fine of not more than one thousand pesos or by imprisonment for not more than one
year, or both.
B. PETITION; LOT NUMBERS
Section 36. Petition for registration. When the lands have been surveyed or plotted, the Director of Lands, represented by
the Solicitor General, shall institute original registration proceedings by filing the necessary petition in the Court of First
Instance of the place where the land is situated against the holders, claimants, possessors, or occupants of such lands or any
part thereof, stating in substance that public interest requires that the title to such lands be settled and adjudicated and
praying that such titles be so settled and adjudicated:
The petition shall contain a description of the lands and shall be accompanied by a plan thereof, and may contain such other
data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest
therein.
19

Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries
or limits of the various parcels as accurately as possible. The parcels shall be known as "lots" and shall on the plan filed in
the case be given separate numbers by the Director of Lands, which numbers shall be known as "cadastral lot numbers". The
lots situated within each municipality shall, as far as practicable, be numbered consecutively beginning with number "one",
and only one series of numbers shall be used for that purpose in each municipality. However in cities or townsites, a
designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot
numbers.
The cadastral number of a lot shall not be changed after final decision has been entered decreasing the registration thereof,
except by order of court. Future subdivisions of any lot shall be designated by a letter or letters of the alphabet added to the
cadastral number of the lot to which the respective subdivisions pertain. The letter with which a subdivision is designated
shall be known as its "cadastral letter": Provided, however, that the subdivisions of cities or townsites may be designated by
blocks and lot numbers.
C. ANSWER
Section 37. Answer to petition in cadastral proceedings. Any claimant in cadastral proceedings, whether named in the
notice or not, shall appear before the court by himself or by some other authorized person in his behalf, and shall file an
answer on or before the date of initial hearing or within such further time as may be allowed by the court. The answer shall
be signed and sworn to by the claimant or by some other authorized person in his behalf, and shall state whether the
claimant is married or unmarried, and if married, the name of the spouse and the date of marriage, his nationality, residence
and postal address, and shall also contain:
(a) The age of the claimant;
(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the case by the Director of
Lands, or the block and lot numbers, as the case may be;
(c) The name of the barrio and municipality in which the lots are situated;
(d) The names and addresses of the owners of the adjoining lots so far as known to the claimant;
(e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the government
to him or to his predecessors-in-interest, the answer shall state the length of time he has held such possession and the
manner in which it has been acquired, and shall also state the length of time, as far as known, during which the
predecessors, if any, held possession;
(f) If the claimant is not in possession or occupation of the land, the answer shall fully set forth the interest claimed
by him and the time and manner of his acquisition;
(g) if the lots have been assessed for taxation, their last assessed value; and
(h) The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as known.
D. HEARING; JUDGMENT; DECREE
Section 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient place within the province in
which the lands are situated and shall be conducted, and orders for default and confessions entered, in the same manner as
in ordinary land registration proceedings and shall be governed by the same rules. All conflicting interests shall be
adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to parts thereof and such
decrees shall be the basis for issuance of original certificates of title in favor of said persons and shall have the same effect
as certificates of title granted on application for registration of land under ordinary land registration proceedings.
20

2nd Exam Landti

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2nd Exam Landti

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LAND TITLES AND DEEDS

EXAM II BY: Kristine Confesor

Sec. 3 and 4 Article XII of 1987 Constitution

Del Rosario- Igtiben vs Republic

2. Reason for Patent System

5. Free Patent and Residential Free Patent under RA 10023

Heirs of Bajenting vs Banes

Dela Rosa vs Valdez

Saiain Enterprises vs. FF Cruz

Classification of Public Lands

SEC. 15 FORMS AND CONTENTS OF THE APPLICATION FOR REGISTRATION

LAND TITLES AND DEEDS

Director of lands vs CA and Abistado

CADASTRAL REGISTRATION PROCEEDINGS

SPECIFIC EVIDENCES OF OWNERSHIP

Republic vs TAN Properties

Republic vs IAC and LEyco

Palanca vs American Food Manufacturing Co

SECTION 3. Lands of the public domain are

Agricultural lands of the public domain

mineral lands, and

LAND TITLES AND DEEDS

DENR Sec. and LMB Director: functions

GR: Private corporations or associations may not

Specific functions of the LMB Director and Other officers

EO 192 , the newly cr

Taking into account the requirements of

enforce policies for the maximization of land use and

and/or provided by law.

Republic Act (RA) No. 1942

Sec. 3 of PD 705 Revised Forestry Code, Sec. 2 and 8, CA 141

Only A&D lands are subject of disposition

OCENPO since June 12, 1945, or earlier.

There are two requisites for judicial confirmation of imperfect

Executive Privilege the President through a

The DENR Sec. is the only other public official

the public domain.

PLA and Property Registration Decree: Differences

The presumption is that

There exists already a

by virtue of their imperfect title

Court has the power to

Court may dismiss the

Under the Civil Code

The only risk that the

The applicant runs the

Vests in the DoL and

ultimately the DENR Sec the

LAND TITLES AND DEEDS

Burden of Proof rests with the

Del Rosario- Igtiben vs Republic

11. Reason for Patent System

LOPEZ VS CA The object of the

NIETO VS QUINES A homesteader,

QUINSAY VS IAC Vested rights over the

HEIRS OF BAJENTING VS BANES

land cannot be validly claimed by private

Land Area Limits

Citizen of the Phil

When a homesteader has complied with all

authorizes free patent titles

Section11. Public lands suitable for

BALBOA VS. FARRALES