Section 103 4. PD 1529 vs.

CA 141
1. Scope:
- Alienated, granted or conveyed public instruments refers to instruments Property Registration Decree/ PD 1529 Public Land Act/ CA 141
transferring ownership – not documents of lease,, transferring mere possession. Theres a title which is to be confirmed by Presumption is always that the land applied
- Sec. 103 grants issuance to a grantee of owners duplicate certificate court for pertains to state; occupants and
- After registration and issuance of certificate of title, land=registered under PD possessor claim interest only by virtue of
1529 their OCN possession
- Upon expiration of 1year from issuance of patent, cert of title =irrevocable and
indefeasible. Court has jurisdiction to adjudicate land in
- Once a homestead patent granted in accordance with the Public Land Act fav of any conflicting claimants
registered pursuant to Section 122 of Act 496 (Land Registration Act) now 103 of
PD 1529, the certificate of title issued in virtue of said patent has the force and The court may dismiss application of Runs risk of losing the land applied for
effect of a Torrens Title under the Land Registration Act. applicant with or w/o prejudice to file new
Director of Lands application for registration of the same land
- Jurisdiction is limited to lands of public domain and not that of private
ownership. The only risk of an applicant is to have his
application denied
2. Regalian Doctrine-all lands and other nat res are owned by the state While the goal of both is to arrive to a Torrens title, one law contains certain advantage and
disadvantages not found in the other. Both provide diff routes to travel to attain their goal.
Imperium Dominium
government authority possessed by the capacity to own and acquire property 3. DENR Secretary Functions:
State, which is appropriately embraced in foundation of the theory of Regalian - Exercise supervision and control over forest lands, alienable and disposable public
the concept of sovereignty doctrine lands, mineral resources.
- Promulgate rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the
3. Classification of lands of public domain under consti development, exploration and utilization of aquatic resources of the country
- Agricultural - continue to oversee, supervise and police our natural resources
- Forest or timber - cancel privileges upon failure, non-compliance or violations of any regulation, order,
- Mineral lands and for all other causes which are in furtherance of the conservation of natural
- National parks resources and supportive of the national interest;
- Exercise exclusive jurisdiction on the management and disposition of all lands of the
public domain and serve as the sole agency responsible for classification, sub-
classification, surveying and titling of lands in consultation with appropriate
agencies;
NOTE:
- Jurisdiction of DENR to public lands doesn’t negate authority of courts of justice to
resolve questions of possession, their decision stands in the meantime that DENR
has not yet settled respective right of the claimants.
 - Once DENR granted a public land patent, and issuance of cert of title, such decision
prevails.
4. Land Management Bureau
Headed by director who is assisted by assistant director who shall advice DENR secretary on
matters pertaining to rational land classification, management and disposition.
Note:
Bureau of forest Development, Bureau of Mines and Geoscience, and Bureau of Lands now
integrated to department-wide Regional Environment and Nat Res Office of DENR.
DENR Secretary
- Approves appraisal of public lands
- Issues authority to conduct bidding covering agricultural land sales above 5 hectares
and leases (100 hectares and up)
- Approves transfer of land application/ deed of sale/mortgage of patented lands
above 12 hectares
- Decides cases on appeal---claims over public lands
- Signs patents for areas more than 5 hectares for sales and more than 10 hectares
for homestead and free patent
Regional Executive Director
- Issues orders of bidding and signs contract for cadastral and public land subdivision
survey projects
- Issues investigation orders involving patented lots
- Decides claims over public lands
- Issues orders of execution
- Signs patents and reconstituted patents for areas p to 5 hectares for sales and more
than 10 hectares for homestead and free patent
- Issues original revocable or provisional permits for A/D lands
Regional Technical Director
- Approves and signs maps and plans for public land subdivision, cadastral and
isolated surveys
- Approves survey plans for OLT and other agra reform projects
- Verifies and approves political boundary surveys
- Issues survey orders for public land subdivision and cadastral survey covering 500
hectares
Community Environment and Natural Resources Officer (CENRO)
- Issues survey orders to conduct isolated surveys
- Accepts public land application and processes for the same
- Conducts oral or sealed biddings for sale/lease of pub lands
- Issues survey orders for the subdivision of cadastral lots for patented/unpatented
lands
5. PENRO or CENRO to certification that a land is A/D—insufficient
- 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.
- 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.
6. No public land can be acquired except by a grant from the state
7. Only A and D lands may be subject of disposition
8. The president through presidential proclamation or exec order can classify/reclassify
land to be included from pub domain
9. For purposes of administration or disposition, lands of pub domain may be further
classified as:
a) Agricultural
b) Residential, commercial, industrial or for similar productive purposes
c) Educational, charitable, or other similar purposes
d) Reservation for town sites and for public and quasi public uses’
10. Modes of Disposition (public land suitable for agri purposes can be disposed only as:
a) For homestead settlement
b) By sale
c) Lease
d) By confirmation of incomplete/imperfect titles:
I. By judicial legalization
II. By admin legalization (free patent)
11. Homestead Patent
- any citizen of Phil over 18yo or head of family may enter homestead of not
exceeding 12ha of agri land of pub domain
- applicant must’ve cultivated and improve at least 1/5 of land continuously since
approval of application
- resided for at least 1yr in municipality in which the land is located or municipality
adjacent to the same
- upon payment of required fee he shall be entitled to patent
Effect of Compliance with legal Requirement
- he acquires interest therein; to be regarded as equitable owner thereof
NOTE:
- Once a lawfully granted homestead patent is registered, the cert of title issued by
virtue of patent has force and effect of Torrens title.
12. Sales Patent
a) Public agricultural lands
any citizen of Phil over 18yo or head of family may purchase any tract of public
agricultural land not exceeding 12ha of which shall be sold thru sealed bidding
applicant must’ve cultivated and improve at least 1/5 of land continuously w/n
5yrs from date of award
must show actual occupancy, cultivation and improvement of at least 1/5 of land
until final payment
b) Lands for residential, commercial, industrial purposes
(includes)
i. Lands reclaimed by gov’t by dredging, filling, or other means
ii. Foreshore
iii. Marshy lands covered with water bordering upon shores of banks or
navigable lakes or rivers
iv. Lands not included in any of the forgoing classes
Lands in i-ii disposable by lease only; iii-iv may be sold on condition that purchaser shall
make improvements of permanent character for purposes for which land is purchased
c) Lands for residential purposes (direct sale)
d) Lands w/n military reservations
e) Lands for educational, charitable, or other similar purposes
13. Free Patent
- Any natural-born citizen of the Philippines who is not the owner of more than
twelve (12) hectares
- who, for at least thirty (30) years prior to the effectivity of this amendatory Act, 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,
- who shall have paid the real estate tax thereon while the same has not been
occupied by any person shall be entitled, under the provisions of this Chapter, to
have a free patent issued to him for such tract or tracts of such land not to exceed
twelve (12) hectares."
NOTE:
A Torrens title issued on the basis of free patent becomes as indefeasible as one which was
judicially secured upon expiration of 1yr from date of patent issuance.
14. RA 10023 (2010) authorized issuance of free patent to residential lands
Qualifications. - Any Filipino citizen who is an actual occupant of a residential land may
apply for a Free Patent Title Provided That:
- in highly urbanized cities, the land should not exceed two hundred (200) square
meters;
- in other cities, it should not exceed five hundred (500) square meters;
- in first class and second class municipalities, it should not exceed seven hundred
fifty (750) square meters;
- and in all other municipalities, it should not exceed one thousand (1,000) square
meters;
Provided, further, That the land applied for is not needed for public service and/or public
use.
Coverage.
- All lands that are zoned as residential areas, including town sites as defined under
the Public Land Act; Provided, That none of the provisions of Presidential Decree
No. 705 shall be violated.
- Zoned residential areas located inside a delisted military reservation or abandoned
military camp, and those of local government units (LGUs) or town sites which
preceded Republic Act No. 7586 or the National Integrated Protected Areas System
(NIPAS) law, shall also be covered by this Act.
Application.
- shall be supported by a map based on an actual survey conducted by a licensed
geodetic engineer and approved by (DENR) and a technical description of the land
applied for together with supporting affidavit of two (2) disinterested persons who
are residing in the barangay of the city or municipality where the land is located,
attesting to the truth of the facts contained in the application to the effect that the
applicant thereof has, either by himself or through his predecessor-in-interest,
actually resided on and continuously possessed and occupied, under a bona fide
claim of acquisition of ownership, the land applied for at least ten (10) years
15. Reservation
Tract or tracts of land sunder sec 83 of CA 141 – non alienable; not subject to occupation,
entry, sale, lease or other disposition until again declared alienable
16. Special Patents
a patent issued to grant , cede and convey in full ownership alienable and disposable lands
formerly covered by a reservation or lands of public domain and is issued upon
promulgation of a special law or act of Congress or a proclamation by the President of the
Republic, authorizing the Secretary of Environment and Natural Resources
to issue such patent.
17. Friar lands
- These lands are not public lands but private or patrimonial property of gov’t
- LMB shall first issue a certificate that the gov’t has agreed to sell the land to settler
or occupant.
Sale of friar lands Sale of public lands
Purchaser becomes owner upon issuance of A person must first apply for parcel of land
certificate of sale in his favour desired
If a holder of certificate dies, the sale is
assigned to his widow, if no widow, the right If applicant dies and his widow remarries,
to friar land is transmitted to his heirs at law. both she and the second husband are
entitled to the land. The new husband has
the same right as his wife.
18. Foreshore lands, submerged areas, reclaimed lands
Foreshore land-strip of land that lies between high and low water arks that is
alternatively wet and dry according to the flow of tide.
Inalienable unless converted by law into A and D lands of pub domain.
19. Public Estates Authority now Philippine Reclamation Authority.
Purpose:
- Reclaim land including foreshore, and submerged areas
- Administer, acquire, lease, sell, dispose all kinds of lands, buildings estates owned or
controlled by gov’t
- Empowered to exercise eminent domain
20. Vested Rights (definition)
Some right or interest in the property that has become fixed and established and is no
longer open to doubt or controversy.
Rights are vested when right to enjoyment has become the property of some person as
present interest
21. Where applicants claimed that they acquired the property partly by inheritance and
partly by purchase, they could opt to file FREE PATENT APPLICATION OR OBTAIN
JUDICIAL CONFIRMATION OF IMPERFECT TITLE.
22. Registration of the patent is the operative act to convey the land
A public land patent when registered in RD becomes indefeasible as Torrens title upon
expiration of 1yr from date of its issuance
23. Title once registered cannot be defeated by adverse possession
24. Director of lands has continuing authority to investigate fraudulent issuance of
patents
As a rule courts have no jurisdiction to intrude upon matters properly falling within the
powers of Director of lands (LMB)
25. Only the government may initiate action for cancellation of title and reversion 27. Land acquired under homestead/free patent not subject to alienation or
Only SolGen or his representative has authority to institute action for cancellation encumberance.
of title/ reversion of land to the gov’t Alienation/encumberance = cancellation of the grant; reversion to pub domain.
Private party cannot bring action for reversion
Action for reversion not barred by prescription. Alienation Encumbrance
- Prescription does not lie against the state. transfer of the property and possession of "anything that impairs the use or transfer of
Complaint for reversion does not preclude action for expropriation lands, tenements, or other things from one property; anything which constitutes a
- Even if the land is reverted back to the state, the same may still be subject person to another. burden on the title; a burden or charge upon
to expropriation as against occupants thereof. property; a claim or lien upon property."

EXCEPTION to the RULE that only gov’t may initiate action for cancellation of title and It may be a "legal claim on an estate for the
reversion discharge of which the estate is liable; and
- A private party may file an action for cancellation of certificate of title by virtue of a embarrassment of the estate or property so
public land patent as when he claims ownership of the land as private property by that it cannot be disposed of without being
virtue of long period of possession and hence, no longer deemed part of pub subject to it; an estate, interest, or right in
domain. lands, diminishing their value to the general
- Where patent has been issued thru fraud/mistake and has been registered, remedy owner; a liability resting upon an estate."
of the injured party is an action for reconveyance.
In the case of homestead, the provision that "nor shall they become liable to the satisfaction
26. Courts have jurisdiction over possessory actions involving public lands of any debt contracted prior to the expiration of the five-year period" is mandatory
the grant of power and duty to the DENR thru LMB to alienate and dispose of public lands Prohibition (alienation of lands acquired by homestead/free patent) starts from date of
does not divest the courts of their duty or power to take cognizance of actions instituted approval up to 5th year from issuance of patent.
by settlers or occupants or applicants against others to protect their respective possessions Upon expiration of prohibition, from then on until the next 20yrs, the land grant may be
and occupations, more especially the actions of trespass, forcible entry and unlawful alienated subject to approval by Secretary of DENR.
detainer, and that the exercise of such jurisdiction is no interference with the alienation, - Such approval is merely directory.
disposition, and control of public lands.
28. Repurchase by applicant or his heirs (Sec 119, CA 141)
- When patentee-vendor still lives, he has right to repurchase, otherwise his widow or
his legal heirs have that right.
A. Period of repurchase:
- 5yr period for legal redemption starts from the date of execution of deed of sale,
not from registration in RD.
- Redemption of EJ foreclosed property is exercisable within 1yr from date of auction
sale (Act No. 3135)
B. Homestead as Subject of Mortgage
Period of redemption begins to run from the day after the expiration of 1yr period of
repurchase allowed in an EJ foreclosure.
C. Rule in case of mortgage to a rural bank E. Effect of Void converyance
the rules on redemption in the case of an extrajudicial foreclosure of land acquired GENERAL RULE:
under free patent or homestead statutes may be summarized as follows: Any conveyance executed in violation of any of the provisions of sections 118, 120, 121,
- If the land is mortgaged to a rural bank under R.A. No. 720, as amended, the 122, and 123 of CA 141 shall be:
mortgagor may redeem within (2) years from the date of foreclosure or from the - unlawful and null and void from its execution
registration of the sheriff’s certificate of sale at such foreclosure if the property is - produce the effect of annulling and cancelling the grant, title, patent, or permit
not covered or is covered, respectively, by a Torrens title. and cause the reversion of the property and its improvements to the State.
- If the mortgagor fails to exercise such right, he/heirs may still repurchase the EXCEPTION:
property within five (5) years from the expiration of the two (2) year redemption - Where enforcement or application will run counter to fundamental policy of public
period interest.
- If the land is mortgaged to parties other than rural banks, the mortgagor may
redeem the property within one (1) year from the registration of the certificate F. A homestead is exempt from CARP coverage
of sale pursuant to Act No. 3135.
- If he fails to do so, he or his heirs may repurchase the property within five (5) G. Rule of PARI DELCTO INAPPLICABLE
years from the expiration of the redemption period also pursuant to Section 119
of the Public Land Act.

D. Repurchase may be barred by laches

- While right of repurchase may not be waived, it may be lose by virtue of laches
Ratio: the rule is based is on the changes of condition which may have arisen during the
period in which there has been neglect.
Elements of Laches:
(1) conduct omn the part of the defendant, or of one under wh claims, giving rise to the
situation of which complaint is made an for which the complaint seeks a remedy;
(2) delay in asserting the complaint's rights, the complainant having had knowledge or
notice of the defendant's conuct and having been afforded an oopportunity to institute
a suit;
(3) lack of knowledge or notice on the part of the defendant that the complaint would
assert the right on which he bases his suit; and
(4) injury or prejudice to the defendant in the event relief is accorded to the
complainant, or the suit is not held to be barred.