CASES AND RULINGS: Land Titles and Deeds

KATHLEEN L. MARCIAL
September 26, 2020

1. Who can acquire Private Lands?

 Private lands can be acquired only by Filipino citizens as well as domestic corporations and
partnerships where at least 60% of the Authorized Capital Stocks (ACS) is owned by
Filipino citizens.
2. In Republic vs Naguit GR No. 144057, when must a land be declared as alienable and
disposable as distinguished from that case Bracewell vs CA G.R no. 107247 323 SCRA.
 In Republic vs Naguit the land was declared alienable and disposable upon the receipt of the
certification from Regional Executive Director of the DENR, while in Bracewell case, when
the Bureau of Forestry certified classification.
3. What are not considered as not alienable and disposable lands?
 All lands belonging to the public domain, until and unless have been classified as public
agricultural lands and not reserved for public use by the government, are inalienable and
are not capable of private appropriation.
4. Give the meaning of alienable and disposable land of the Public Domain
 Alienable and disposable land of the public domain is a classified land, release and rendered
open for disposition.
5. What must an applicant for Land Registration establish in order to prove in Court that the
land he is applying for is alienable?
 Applicants for confirmation of imperfect title must, therefore, prove the following: (a) that
the land forms part of the disposable and alienable agricultural lands of the public domain;
and (b) that they have been in open, continuous, exclusive, and notorious possession and
occupation of the same under a bona fide claim of ownership either since time immemorial
or since 12 June 1945.
6. Will certification of the DENR thru PENRO be enough? why?
 No. According to the case of Republic vs. Malijan-Javier, it should be “accompanied by an
official publication of the DENR Secretary’s issuance declaring the land alienable and
disposable.”
7. Who has the authority to classify public lands?
  Under the Public Land Act, the Governor-General (now the President), upon the
recommendation of the Secretary of the DENR, shall have the power to classify lands of the
public domain.

8. Can you tell how are these classified?

 Lands of public domain shall be classified into: (1) alienable or disposable; (2) timber; and
(3) mineral lands. Land which have been classified as alienable or disposable may further
be classified into: (1) agricultural; (2) commercial, industrial, or for similar productive
purposes; (3) educational, charitable and other similar purposes; and (4) reservations for
town sites, and for public and quasi-public uses.

9. In Republic vs. Alconoba 427 SCRA what is actual possession?

 In the above case, it was defined that actual possession of a land consists in the
manifestation of acts of dominion over it of such a nature as a party would naturally
exercise over his own property.
10. What is possession as ruled in that case of Director of Lands vs. Reyes 68 SCRA
 Both possession and occupation of the land must be proven under claim of ownership for
the required number of years to constitute a grant from the State.
11. When is possession Adverse as ruled in that case of Director of Lands vs IAC 209 SCRA?
 When who by themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of agricultural lands of the
public domain for at least thirty years immediately preceding the filing of the application
for confirmation of title except when prevented by war or force majeure.