Discussion September 2, 2018

Regalian Doctrine
Land adjudication laws – grant titles to private and public lands
Land registration – effect such rights
The only rule is that it comes from the Crown. It may be direct (patents), indirect (on the basis of possession subject to its
length and the nature of such possession).

Valenton vs Murciano

1. Recopilicacion de Leyes de Las Indias – first policy. Basis: discoverer ang mag eexercise ng rights of dominion.Law 1,
Title 12, Book 4 – land awards are for Spaniards only (form of direct grants – directly from the Crown – basis of homestead
grants)
Grant of house lots → Spaniards. Under the control of Governor General. Subject to the control of the King. Basis of
ownership: basta magtrabaho kayo – at least 4 years to gain fee simple title (ownership). Limited to Peninsulares.
Different types of Spanish titles

Book 8 – procedure for granting. Petition for a grant to the Municipal Council (Magistrates). Grant should be signed in the
presence of the magistrates and the clerk of the council and recorded in the book of council. They have a public registry. The
proper authority at that time.

Legislative act to compel those without equivalent or with defective title. Mga possessors lang. They are required to present
evidence of their claim. Ang confirmation ngayon – judicial, dati – administrative lang. Rationale of the state: recognize the
rights of the occupant, provided the possesion is for a specific length of time. Nung nag ka Act 496, dun na naging material
yung land registration.
Without proof, the land remains with the Crown.
Crown-→Governor General-→President (present time)

Law 15, Title 12, Book 4- adjustment title. Yung may mga titutlo real (exmaple of spanish title) – entitled ka sa lot na yung
area ay limited. Beyond that what was granted, inoccupy. Pwede ilegalize ito, ito yung adjustment title. Meron ka dalawang
title. Titulo Real + Adjustment Title. First mention of confirmation of title
1. Authorized na by officers
2. Confirmed already
3. Possession within limits of the law

May title ka, pero di pa known sa authorized title.

2. 1700 – Royal Cedula – it provides for an appointment of subdelegate who has the power of publication of notices, eviction
of occupants. Hindi ito judicial. The possessors with imperfect title prior to 1700s will not be disturbed but this should be
annotated on their titles – inissue based on the power of subdelegate.
They have ancient possession. Title by prescription (Spanish Civil Code) – first recognized here. - within 3 months after
issuance of title dapat macultivate na yung lipa. Ito yung basis ng homestead grants (difference sa ibang grants) issued on
unoccupied lands

After 1700 , without title– pwede magpajudicial confirmation

Valenton’s possessory rights can be recognized under any of the Spanish laws? Wala.
3. Royal Decree June 25 1880
Grant of title through prescription
10 years by virtue of good faith
20 years no title but cultivated
Adjustment title – administrative na, hindi judicial

Aug 10 1881 – the question of possessions of royal lands under color of title can seek adjustment – legalize their illegal
occupation of extension. Within limits of the law dapat. Local executive had the power to grant this.

Dec 26 1884 – declared all lands of public domain held by private persons in accordance with the possession requirements –
they are all subject to adjustment – like survey -delimit ang title and register it.

Dec 1889 – the procedure of the sale of public land – ipublish sa Public Gazette – within 60 days dapat iprotest na siya ng
adversaries ng town criers, ipublish sa municipal halls.

Kung may title claimka, ipaalam mo sa state. Meron na tayong land registration laws, pero magulo. Naayos lang nung
dumating si Americans. Pero considered pa rin yung Spanish titles until 1976 (passage of 1879, actual passage PD 1529).
Torrens title noon nung dumating ang Americans, ay optional lang.
Kinds of Spanish Title
1. Titulo Real – granted generally to Spaniards who settle on colonies. Law of the Indies
2. Special grants - granted by governor or the King. Titutlo Royal – king lang
3. Adjustment title – legalizes unlawful entries – yung mga nag extend. Compromise ito between what is owned by the King
and the private persons. Still a possessory title
4. Title by purchase – sale of public land through public auction. Equivalent sa CA 141. Sales patent. Different from grants
under Act 730 (Direct sales – di na kailangan dito ng public auction; sa sales patent, kailangan)
5. Informacion possessoria – possession lang 20 years before April 17 1894. You register it within 1 year after such date.
Record of possession – does not equate to ownership; pero pag niregister mo, magkakaroon ka ng record of title through
judicial confirmation.

When the Americans came,

2 ownership lands
meron kang private lands (awarded and nagcomply sa Spanish law requirements)
public lands, tapos may claim ka.

Pursuant to the treaty of paris – Philippine Bill of 1902 (Organic Acts). Sec 13, 14, 15 of the Cooper Act (Johnson case).
Parang Constitution natin. Provisions on public lands – it needs to have enabling law
Act 496 – The first Land Reg Act. (registration of title) – constituted LRA. All imperfect titles and confirmation thereof are
required to be filed with LRA. Pag possessory lang ang claim mo, Act 496 ang iaapply mo.
Act 926 – first Public Land Act (grant of title) – pag administrative level, ito yung gagamitin mo.

Mapa case

Ruling of the court-

The question is an important one because the phrase "agricultural public lands" as defined by said act of Congress of July 1,
is found not only in section 54 above quoted but in other parts of Act No. 926, and it seems that the same construction must
be given to the phrase wherever it occurs in any part of that law.
In the end, the Court agreed to adopt the construction below:
We hold that there is to be found in the act of Congress a definition of the phrase "agricultural public lands," and after a
careful consideration of the question we are satisfied that the only definition which exists in said act is the definition adopted
by the court below. Section 13 says that the Government shall "Make rules and regulations for the lease, sale, or other
disposition of the public lands other than timber or mineral lands." To our minds, that is the only definition that can be said to
be given to acricultural lands. In other words, that the phrase "agricultural land" as used in Act No. 926 means those public
lands acquired from Spain which are not timber or mineral lands. As was said in the case of Jones vs. The Insular
Government (6 Phil Rep., 122, 133) where these same section of the act of Congress were under discussion:
The meaning of these sections is not clear and it is difficult to give to them a construction that would be entirely free
from objection.
But the construction we have adopted, to our minds, is less objectionable than any other one that has been suggested.
There is nothing in this case of Jones vs. The Insular Government which at all conflicts with the result here arrived at. The
question as to whether the lands there involved were or were not agricultural lands within the meaning of the sections was
neither discussed nor decided. In fact, it appears from the decision that those lands, which were in the Province of Benguet,
were within the strictest definition of the phrase "agricultural lands." It appears that such lands had been cultivated for more
than twelve years. What that case decided was, not that the lands therein involved and other lands referred to in the decision
by way of illustration were not agricultural lands but that the law there in question and the other laws mentioned therein were
not rules and regulations within the meaning of section 13.

RAMOS VS. DIRECTOR OF LANDS- Adverse Possession

The general rule is that possession and cultivation of a portion of a tract of land under the claim of ownership of all is a

constructive possession of all, if the remainder is not in the adverse possession of another.

FACTS:

Restituo Romero gained possession of a considerable tract of land located in Nueva Ecija. He took advantage of the Royal

Decree to obtain a possessory information title to the land and was registered as such.
Parcel No. 1 included within the limits of the possessory information title of Romero was sold to Cornelio Ramos, herein

petitioner.

Ramos instituted appropriate proceedings to have his title registered.

Director of Lands opposed on the ground that Ramos had not acquired a good title from the Spanish government.

Director of Forestry also opposed on the ground that the first parcel of land is forest land.

It has been seen however that the predecessor in interest to the petitioner at least held this tract of land under color of title.

ISSUE:

Whether or not the actual occupancy of a part of the land described in the instrument giving color of title sufficient to give title

to the entire tract of land?

HELD:

The general rule is that possession and cultivation of a portion of a tract of land under the claim of ownership of all is a

constructive possession of all, if the remainder is not in the adverse possession of another.

The claimant has color of title; he acted in good faith and he has open, peaceable, and notorious possession of a portion of

the property, sufficient to apprise the community and the world that the land was for his enjoyment.

Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it

can be said that he is in possession.

Ramos and his predecessor in interest fulfilled the requirements of the law on supposition that the premises consisted of

agricultural public land.

On the issue of forest land, Forest reserves of public land can be established as provided by law. When the claim of the

citizen and the claim of the government as to a particular piece of property collide, if the Government desires to demonstrate

that the land is in reality a forest, the Director of Forestry should submit to the court convincing proof that the land is not more

valuable for agricultural than for forest purposes.

In this case, the mere formal opposition on the part of the Attorney-General for the Director of Forestry, unsupported by

satisfactory evidence will not stop the courts from giving title to the claimant.

Petitioner and appellant has proved a title to the entire tract of land for which he asked for registration.

Registration in the name of the petitioner is hereby granted.

Jocson vs Director of Forestry

Montano Ruling: Although argued at different times, five of these cases have been presented substantially together, all
being covered by one brief of the late Attorney-General in behalf of the Government in which, with many interesting historical
and graphic citations he described that part of the marginal seashore of the Philippine Islands known as manglares, with their
characteristic vegetation. In brief, it may be said that they are mud flats, alternately washed and exposed by the tide, in which
grow various kindered plants which will not live except when watered by the sea, extending their roots deep into the mud and
casting their seeds, which also germinate there. These constitute the mangrove flats of the tropics, which exists naturally, but
which are also, to some extent, cultivated by man for the sake of the combustible wood of the mangrove, like trees, as well
as for the useful nipa palm propagated thereon. Although these flats are literally tidal lands, yet we are of the opinion that
they can not be so regarded in the sense in which the term is used in the cases cited or in general American jurisprudence.
The waters flowing over them are not available for purpose of navigation, and they "may be disposed of without impairment
of the public interest in what remains."