LTD

Alienable and Disposable Land of the Public Domain (AND) – The allowed to be acquired by the private
individual.
How will you know that a land is considered as A and D? Through President Proclamation, Executive Order,
and Administrative Action
Government-Owned Land (GOL)
Cases:
Director of Lands vs IAC
Republic vs Lao
What are the properties that cannot be subject to reclassification? 1. Ancestral lands 2. National Park 3. Forest
land 4. Mineral lands
Agricultural lands that cannot be converted: a) b) irrigated lands c) irrigable lands
Roads, canals, rivers, torrents, bridges, river banks, shores, roadsteads are properties that are intended for public
use.
Condominium Act (to read)
Collateral attack vis a vis direct attack (to read)
Sec. 52 of PD 1529
Torrens Certificate of title (sec 45 of PD 1529), sec 25, sec 48
- Serve as a constructive notice
Advantages: a torrens title as rule is imprescriptible, indispensable. When is an attack is considered a direct
attack when the subject is to annul the title, the attack is indirect when cancellation of
Cadastral system. (Proceeding) sec 35(a) of Pd 1529, sec 36 (procedure),
1. President order the director of lands to survey the lands in municipality.
2. The director of lands filed a petition at the RTC to settle and adjudicate the titles of such lands.
3. The petition shall contain the description of the lands and the plan thereof
4. Any claimant of the land shall appear in court
5. The court shall send notice of decisions to interested parties before a final judgment be rendered.
Cadastral Registration Proceedings: Principal Aim. The principal aim is to settle as much as possible all
disputes over land. and to remove all clouds over land titles, as far as practicable in a community.

PD 1529 (Property Registration Decree) provides that the system of registration under the Spanish Mortgage
Law is hereby discontinued and all lands recorded under the said system which are not yet covered by Torrens
title shall be considered as unregistered lands. It also provided that all instruments affecting lands originally
registered under the Spanish Mortgage Law may be recorded under Sec. 113 of P.D. 1529, until the land shall
have been brought under the operation of the Torrens system.
Homestead Patent is a mode of acquiring alienable and disposable lands of the public domain for agricultural
purposes conditioned upon actual cultivation and residence. (DENR, applayan)
Requisites:
1. That the property in question is AND
2. That the applicants in interest
3. Such possession shall be
Tax declaration, Republic vs Santoa, is not a sufficient evidence of ownership over the property. But in court, it
constitutes a proof that the holder is the owner of the property.
Property Registration Decree sec 14-18 (to read)
Free patent is a mode of disposition of public agricultural land whereby an incomplete or imperfect title over a
parcel of land is administratively legalized.
Sales Patent is a patent issued for the type of application covering lands of the public domain for agricultural
purposes and sold at public auction thru sealed bidding.
Art. 1544 of NCC (gustillo vs maravilla) - When there are 2 buyers over an immovable property, should it be
immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in
the Registry of Property. If there is no registration, it shall belong to the person who took first possession. If
absent, the person who had the oldest title in good faith.
Rule: First in time, stronger in right.
Purchaser in good faith is one who buys a property of another without notice that some other person has right
to or interest in the same property.
When can 2nd buyer displaced the 1st buyer if the 2nd buyer is in good faith.
Spouses villamil vs villarosa (2009)
Requirements of mirror principle:
1. The property is registered in favor of another
2. Title of the property is stolen by the another
3. The one who stole the title is it appear that the property is sold to him
4. The said person sells the property to an innocent purchaser for value
Principle of equitable estoppel (to read)
Rules governing builders, planters, and sewers of the land of another