LAND TITLES (August 19, 2017)
LANDS:
Judicial Land Proceedings
Section 1 to 50 of PD 1529 covers the whole
scope of these processes that lead to the
issuance of title of land throughout the
Philippines under the Torrens system.
Walkthrough the program modules, how to best
make use of these modules in your preparation
for our studies:
First one has to do with specific objectives for
the particular meetings. It also indicates the
challenges that we confront in every session
such as today. Today we should get an idea
relative to the registration of titles to land and
those prior to PD 1529. We address generally
judicial proceedings to land titles. The courts
vested by the law to conduct such proceedings.
There is an important development, Section 2
paragraph 2, PD 1529, about the jurisdiction in
land. Slight phraseology.
To register something already existing. It is not
a mode to acquire ownership. One does not
resort to registration to acquire ownership of
the land.
The most important subject matter in the first
module, item 5 matter of registrable or
nonregistrable land. one cannot proceed in our
quest to understand JLP unless one is able to
characterize land as reg or nonreg. It is listed
as item number 5 because it serves as a
transition point to the next module, references
to the public land act.
Basically this course is about Land Titles. But
in particular we will be interested in the space
between these two words. The spaces
indicates the mechanics with associating land
with a specific title. land in particular could be
private or public lands. according to the
constitution, in the context of regalian doctrine,
all lands belong to the state.
Lands of course predate the State. Carino v.
Insular Govt was decided by the SC of USA
penned by Holmes, affirmed the validity of
naked titles.
PUBLIC:
PLA classifies land of public domain classifies
into 3 types:
mineral
forest
alienable or disposable
o others
reserved for a specific
purpose
o agricultural
Section 48(b) subset of
lands alienable land can
be the subject of judicial
confirmation of imperfect
titles
administrative legalization
PRIVATE
Section 14
o (a) alienable and disposable lands of
the public domain which have been
OCEN since June 12 1945 or earlier
o (b) private lands acquired by
prescription also requires OCEN
(prescription does not run against the
state)
Republic vs. Heirs of Malabanan w/n that
land should be alienable in character since
June 12 or earlier or OCEN should be followed:
SC ruled that June 12 relates to the matter of
possession and occupation in the character of
OCEN. It is enough that at the time of
application it was alienable and disposable. Not
necessary that it should date back to June 12
or earlier. Interpretation should be limited to
those agricultural in character.
So, if the land occupied since June 12, 1945 or
earlier is mineral land, that is unavailing against
the state. If it were forest land, unavailing in
creating a right to be enforced against the
government.
Naked titles covered by certificate of
ancestral land and certificates of ancestral
domain. These can be brought under the that can be enforced
torrens system as provided by IFRA against the government
Judicial confirmation of
o (c) Ownership acquired through one which already exists.
o acquisition of ownership by Title was already obtained
abandoned riverbeds against the state
o accretion or accession

3 patents over abandoned riverbed chico

river. Abandoned river beds were private
property, under the Spanish law on waters.
Free patents given over private properties are
absolute nullities

o lands not only to private but also to

public lands. Possible: from forest to
private
o case of reclamation there is a
reclamation act that authorizes
the conduct of reclamation
o Chaves v. Public Estate Authority
Paranaque and pasay City JV
agreement with a Malaysian
country. On its face, Constitution
has been violated
corporations can only
acquire by way of lease,
not by purchase or
conveyance as payment
for participation in a JV
agreement resulting in the
reclamation of lands
must be originally titled to
the Republic
reclaimed land are neither
mineral or forest land, so
they are alienable or
disposable land
o Case of ACME
WON corporations can be
applicants in original titles
First case: involving INC
even if the original
applicant was a
corporation, then its not
qualified to have the land
transferred in its name. but
if the land has been
transformed into private
land or private in character
by compliance with PLA
Agricultural lands