Indigenous People

Definition Indigenous are the first settlers of this country, comprising over a hundred different
groups. This is recognized by the Philippine Constitution and Laws.
Significance The Philippine Constitution mandates state recognition, protection, promotion, and
fulfillment of the rights of Indigenous Peoples. Further, Republic Act 8371, also known
as the “Indigenous Peoples Rights Act” (1997, IPRA), recognized the right of IPs to
manage their ancestral domains and has become the cornerstone of current national
policy on IPs.

Corporations
Definition A company or group of people authorized to act as a single entity and recognized as
such in law. Corporations are artificial or juridical persons as they are persons not by
birth but through law.
Significance Juridical persons are governed by the laws creating or recognizing them; hence,
private corporations are regulated by laws of general application on the subject, and
partnerships and associations for private interest or purpose are governed by the
provisions of this Code concerning partnerships. This means that corporations,
despite being persons do not enjoy the same rights as natural persons. Land cannot
be owned by juridical persons.

Prescription
Definition The establishment of a claim of title to something under common law usually by use
and enjoyment for a period fixed by statute. The effect of the lapse of time in creating
and destroying rights. Prescription is either acquisitive, in that an individual is allowed,
after a specified period, to acquire title, or extinctive. Prescription, in general, is a
mode of acquiring (or losing) ownership and other real rights through the lapse of
time in the manner and under conditions laid down by law, namely, that the
possession should be in the concept of an owner, public, peaceful, uninterrupted and
adverse. Acquisitive prescription is either ordinary or extraordinary. Ordinary
acquisitive prescription requires possession in good faith and with just title for 10
years. Without good faith and just title, acquisitive prescription can only be
extraordinary in character which requires uninterrupted adverse possession for 30
years.
Significance This is important as this serves as time limit since when the action prescribes against
the contested right to land, the rights are destroyed. If the second definition is used, it
is important because it provides for a way of acquiring land by continuous possession
in good faith and with just title.

Inalienable
Definition This is a characteristic which makes an object, property, or right be unable to be taken
away from or given away by the possessor.
Significance This defines what can or cannot be taken away, given away or sold.
 Notorious
Definition A type of possession wherein the occupation of real property or holding personal
property in a way which anyone can observe is as if the person is the owner. Said
possession must be continuous and uninterrupted.
Significance This is an important classification which differentiates a titled ownership and
notorious ownership. There is also the significance of the definition which outlines
how claimants or squatters of the land need to occupy the land to make their
possession of it notorious.

Filipino
Definition Filipinos are the citizens of the Philippines. Under the 1987 Philippine Constitution,
Article IV, Section 1, it states that the following are citizens of the Philippines:

 Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
 Those whose fathers or mothers are citizens of the Philippines;
 Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
 Those who are naturalized in accordance of law
Significance Being a Filipino gives one rights and privileges available only to Filipinos. This is
especially important since there are types of property, like land, which can only be the
property of Filipinos.

In Rem
Definition This is a type of legislation which is concerned about property rather than toward a
person.
Significance A state can validly proceed to settle controversies regarding rights or claims against
tangible or intangible property like land within its borders, notwithstanding that
jurisdiction over the defendant was never established.

Deed
Definition It is a signed legal document that grants its holder specific rights to an asset—if he or
she meets the conditions. They are most used to transfer the ownership of
automobiles or land between two parties.
Significance A deed is a signed legal document that transfers the title of an asset like land to a new
holder, granting them the privilege of ownership. The deed is the vehicle for
transferring a title and is not the title itself.

Land Registration
Definition Land registration describes systems by which matters concerning ownership,
possession or other rights in land can be recorded to provide evidence of title,
facilitate transactions and to prevent unlawful disposal. A system by which ownership
of real property is established through the issuance of an official certificate indicating
the name of the individual in whom such ownership is vested.
Significance This is important as Land Titles and Deeds are concerned mainly with deeds.

Constitution
Definition It is a body of fundamental principles or established precedents according to which a
state or other organization is acknowledged to be governed. This encapsulates the
basic principles and laws of a nation, state, or social group that determine the powers
and duties of the government and guarantee certain rights to the people in it
Significance This will serve as a guide as to the attitude of the state towards land ownership. In the
Philippines entails what type of lands are alienable or not and who may own them.

Publication
Definition The action of making something public or generally known.
Significance When it comes to lands or lots which have been abandoned for quite some time and
whose ownership unknown or in question, there is a necessity of publication in order
to inform the general public and in turn the owner of the lot that said lot’s title is
being questioned. This allows the supposed owner to defend his title or his claim to
the land. It is also a requirement before the implementation and effectivity of any law;
hence,

Ownership
Definition This is legal title coupled with exclusive legal right to possession. It is the legal relation
between a person and an object.
Significance This is important as the focus of land titles and deeds laws is who owns what land, the
extent of their rights on the land which they own, and all the related documentation
that comes along with ownership of land.

Foreigner
Definition A foreigner is an individual who is not a citizen of the country he is currently in.
Significance A foreigner will not enjoy the rights which are exclusive to citizen. Here in the
Philippines, citizens have the right to the ownership of land; foreigners, generally, do
not.

Adverse
Definition In general, this is acting against or in a contrary direction. In terms of possession, this
is a method of gaining legal title to real property by the actual, open, hostile, and
continuous possession of it to the exclusion of its true owner for the period
prescribed by state law.
Significance This is important since land titles and deeds laws are primarily concerned with
ownership of land; ergo, any manner by which land can be transferred will be of
concern as well.
 Land
Definition Land is real property, real estate, all which grows on it, all minerals under it and the
airspace above it.
Significance Who owns the subject land, how to prove ownership of subject land, which land can
be owned, how it can be owned, transferred or taken, and what land is alienable are
all concerns of land title and deeds law.

PD 1529
Definition This is the Property Registration Decree and is an act amending and codifying the laws
relative to registration of property and for other purposes.
Significance This is one of the laws which serve as a basis for the Land Titles and Deeds Course.

Torrens System
Definition A system of registration of titles to land.
Significance Land Titles and Deeds as a subject in law concerns itself with land ownership and the
proof of said land ownership. A Torrens System is both the topic of study as well as
the subject of regulation for Land Titles and Deeds.

Regalian Doctrine
Definition This rule states that private title to land must be traced to some grant, express or
implied, from the Philippine Republic.
Significance Land Title and Deeds is concerned with the Regalian Doctrine as any title may be
considered void if the title to said private land cannot be traced to some grant from
the Philippine Government.

Continuous
Definition Continuous would be the characteristic of being uninterrupted in time or sequence.
Significance This is an important concept as it is a requirement in gaining notorious possession of a
land.

Possession
Definition Possession is when a person holds or controls a thing or right, posses a thing with
deliberate intention to poses it, and possesses a thing by virtue of said person’s right.
Significance It is important to define this since possession is not tantamount to ownership as a
person may be declared the owner, but he may not be entitled to possession. It may
also be that a judgment for ownership does not necessarily include possession as a
necessary incident

Ownership
Definition This is legal title coupled with exclusive legal right to possession. It is the legal relation
between a person and an object.
Significance This is important as the focus of land titles and deeds laws is who owns what land, the
extent of their rights on the land which they own, and all the related documentation
 that comes along with ownership of land.

Survey
Definition Surveying or land surveying is the technique and science of accurately determining
the terrestrial or three-dimensional position of points and the distances and angles
between them. This measure the exact dimensions of a lot.
Significance This is highly important as the dimensions of a lot need to be precise as the rights of
the owner extends up to the outermost dimensions of his property. Any infrastructure
built in excess of this would be considered encroachment on someone else’s lot and
any infrastructure built within these dimensions would be encroachment

Open
Definition Lands for disposition are open when those lands of public domain classified by
positive executive action to be alienable or open to disposition. They may be further
classified as agricultural, residential, commercial, or industrial, or for similar
productive purposes, educational, charitable, or other similar purpose, and
reservations for townsites and for public and quasi-public uses.
Significance Knowing which lands are considered open for disposition is crucial as they indicate
which lands can be bought or could have been bought by private individuals.

Registration
Definition It is the process of recording entries in an official book. It is the process by which
matters concerning ownership, possession or other rights in land can be recorded to
provide evidence of title, facilitate transactions and to prevent unlawful disposal. The
information recorded and the protection provided will vary by jurisdiction.
Significance This is important as this incorporates the title of ownership in the Torrens System and
creates proof of title which signifies ownership, possession, or right regarding a land.

Private land
Definition Private property is a legal designation for the ownership of property by non-
governmental legal entities. Private property is distinguishable from public property,
which is owned by a state entity; and from collective property, which is owned by a
group of non-governmental entities.
Significance This is significant as only private lands can be bought, sold, or owned by citizens.

Public Land
Definition Land which is owned by the state.
Significance Land owned by the state cannot be bought by private citizens without express grant
from the executive; ergo, it is important to identify them as possession by private
individual of public land without receiving the necessary grant would render the
possession invalid.
 Alienable
Definition This is a characteristic which makes an object, property, or right be able to be taken
away from or given away by the possessor. Alienable land is land which can be sold to
private individuals. Alienable lands of the public domain shall be limited to agricultural
lands.
Significance This is important as a person cannot have a title to unalienable lands. Moreover,
private corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares or acquire
not more than twelve hectares thereof by purchase, homestead or grant.

Exclusive
Definition Debarring one from participating in a thing. An exclusive right or privilege, is one
granted to a person to do a thing and forbidding all others to do the same.
Significance It is important as when ownership of land is exclusive, it denotes that no other entity
aside from the owner may exercise their rights upon it.

Title
Definition In Property Law, it is a comprehensive term referring to the legal basis of the
ownership of property, encompassing real and Personal Property and intangible and
tangible interests therein; also, a document serving as evidence of ownership of
property.
Significance This is important as it evidence of a person’s ownership of property to the extent
specified in the title.

CA 141
Definition CA 141 is the Public Land Act is an act removing the restrictions imposed on the
registration, acquisition, encumbrance, alienation, transfer, and conveyance of land
covered by free patents under Sections 118, 119 and 121 of Commonwealth Act No.
141
Significance This serves as a legal basis for land titles and deeds and affects them by removing
restrictions.