LAND REGISTRATION LAWS

Torrens System A system for registration of land under which, upon

landowner’s application, the court may, after appropriate proceedings,
direct the issuance of a certificate of title. Originator: Robert
Richard Torrens

LAND TITLE
Best evidence of the right of the owner or the extent of his interest,
and by which means he can maintain control, and as a rule assert right
to exclusive possession and enjoyment of property.

Note: Tax declarations are not the best proof of ownership, it is

rebuttable.

Sample board exam question Is tax declaration and payment of taxes

thereon a proof of ownership?

A. Yes, because there are no other applicants.

B. No, you are not paying taxes religiously.
C. Yes, because you believe you are the owner of the land.
D. No, it is not a conclusive proof of ownership.

DEED
An instrument in writing which any real estate or interest therein is
created, alienated, mortgaged or assigned or by which title to any real
estate may be affected in law or equity.

ex. Deed of sale, deed of donation, deed of conveyance

Purpose of Registration
The purpose of the registration is to finally settle title to real
property in order to preempt any question on the legality of the title
– except claims that were noted on the certificate itself at the time
of registration or those that arose subsequent thereto (i.e., mortgage,
lease, sale)

Modes of Acquiring Land Titles

1. Title by public grant – conveyance of public land by government to a
private individual
2. Title by acquisitive prescription – open, continuous, exclusive,
notorious possession of a land (10 years in good faith or 30 years in
bad faith)
3. Title by accretion – alluvion being the riparian owner
4. Title by reclamation – filling of submerged land by deliberate act
and reclaiming title thereto by the government
5. Title by voluntary transfer – voluntary execution of deed of
conveyance (ex. Deed of sale or deed of donation)
6. Title by inheritance – hereditary succession to the estate of
deceased owner
7. Title by emancipation patent or grant – for purpose of improving sad
plight of tenant farmers; not transferable right away except by
hereditary succession.

Which court has jurisdiction over land registration cases?

Land registration proceedings and all petitions after original
registration of titles are filed with the Regional Trial Court of the
province or city where the land or a portion or it lies.

EXCEPTIONS When the case involves: -lots without controversy -opposition

contested lots where the assessed value does not exceed P100,000.00
then, the Metropolitan or Municipal Trial Court (MTC) have jurisdiction

Torrens Certificate of Title

A Torrens Certificate of Title is valid and enforceable against the
whole world. The title, once registered, is notice to the whole world.
All persons must take notice. No one can plead ignorance of the
registration.

1. OCT
2. TCT
3. Patents

Original Certificate of Title (OCT)

It is the first certificate of title issued in the name of a registered
owner by the Register of Deeds covering a parcel of land which had been
registered under the Torrens System, by virtue of judicial or
administrative proceedings.

Transfer Certificate of Title (TCT)

The subsequent certificate of title pursuant to any deed of transfer or
conveyance to another person. The Register of Deeds shall make a new
certificate of title and give him an owner’s duplicate certificate. The
previous certificate shall be stamped “cancelled”.

Patents only involve public lands which are alienated by the Government,
pursuant to the Public Land Act (CA 141).

Laws Governing Land Registration

1. PD NO. 1529
 The Property Registration Decree covers both ordinary and
cadastral registration proceedings. It supersedes the Land Registration
Act and the Cadastral Act (Act No. 2259).

2. CA 141
The Public Land Act governs the procedure for the judicial
confirmation of imperfect or incomplete titles. It applies to lands of
the public domain which have been declared open to disposition or
concession by the government and officially delimited and classified.

3. RA NO. 8371 (IPRA LAW)

The Indigenous Peoples Rights Act recognizes the rights of
ownership and possession of indigenous cultural communities to their
ancestral domains and lands on the basis of native title, and defines
the extent of these lands and domains.

Steps in Original Registration Proceedings:

1. Determine if the land is registrable (CENRO/PENRO)
2. Determine if you are qualified to apply
3. Survey the land
4. File the application (survey attached) for land registration with the
appropriate court
5. Court sets initial hearing
6. Publication of the initial hearing
7. File an opposition to the application
8. Hearing
9. Judgment
10. Issuance of decree of registration

WHAT LANDS ARE REGISTRABLE?

Registrable lands
a. Private Lands
b. Agricultural Lands (part of public land that is only alienable)

1987 CONSTITUTION Art. XII Sec. 2 xxx

With the exception of agricultural lands, all other natural resources
shall not be alienated. xxx
Sec 3. Lands of the public domain are classified into agricultural,
forest or timber, mineral lands and national parks. Agricultural lands
of the public domain may be further classified by law according to the
uses to which they may be devoted. Alienable lands of the public domain
shall be limited to agricultural lands. Xxx

Non- registrable lands

1987, CONSTITUTION Art. XII Sec. 2

All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. Xxx (Regalian Doctrine)

WHO MAY APPLY FOR LAND REGISTRATION?

Constitutional Requirements and Limitations:
-Only Filipino Citizens

1987, CONSTITUTION Art. XII Sec. 3 xxx

Citizens of the Philippines may lease not more than five hundred
hectares (500) , or acquire not more than twelve hectares (12) thereof
by purchase, homestead, or grant. Xxx

Private Corporations
Private corporations may not hold alienable lands of the public domain
except by lease not exceeding 1000 hectares.

1987, CONSTITUTION Art. XII Sec. 3 xxx

Private corporations or associations may not hold 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. xx

Issuance of Decree of Registration

Court directs the Land Registration Authority to issue a decree of
registration and certificate of Title within 15 days from entry of
judgment.

1. Commissioner signs the decree

2. Decree is entered and filed with the LRA
3. OCT and owner’s duplicate certificate are sent to the Register of
Deeds where property is situated.
4. Register of Deeds enters the information in his registration book.
5. Register of Deeds sends notice by mail to owner that his duplicate is
ready for delivery upon payment of legal fees.

Cadastral Act (Act No. 2259)

• it is a compulsory registration proceeding initiated by the government
to “settle and adjudicate” title to lands.
• The Director of Lands gives notice to all persons of the date of
survey for them to inform the surveyors of the boundaries of their
claims.
• Only unregistered lands may be the subject of survey.
• All conflicting interests shall be adjudicated by the court and in the
absence of successful claimants, the property is declared public land.

Cadastral Registration Proceedings

1. Determination of the President that public interest requires title to
unregistered lands be settled
2. Director of lands shall make a cadastral survey
3. Director of Lands gives notice to interested persons
4. Publication of notice
5. A copy of the notice shall also be sent to the mayor and the
sanggunian
6. Geodetic engineers/ Bureau of Land employees shall notify (re:
survey) by posting at the municipal building
7. Interested persons should communicate with the geodetic engineer if
he requests for any information about the land
8. Actual survey/ plotting of the land
9. Director of Lands represented by Solicitor General shall institute
original registration proceedings
10. Publication, mailing posting
11. Hearing
12. Decision
13. Issuance of the decree and certificates of title.

Subsequent Registration after the title was issued

PD 1529 Sec 52. Constructive notice upon registration.
Every conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land shall, if
registered, filed or entered in the office of the Register of
Deeds for the province or city where the land to which it relates
lies, be constructive notice to all persons from the time of such
registering, filing or entering.

Government actions affecting titles

ATTACHMENT - a writ issued at the institution or during progress of

an action commanding the sheriff to attach the property, rights, credits
or effects of the defendant to satisfy demands of the plaintiff
Examples: Garnishment- a court order directing that money or
property of a third party be seized to satisfy a debt owed
by a debtor to a plaintiff creditor.

NOTICE OF LIS PENDENS

A notice of lis pendens is an announcement to the whole world that a
particular real property is in litigation, serving as a warning that one
who acquires an interest over the said property does so at his own risk
or that he gambles on the result of the litigation of the said property.

ADVERSE CLAIM
When a person claims any part or interest in registered land adverse to
the registered owner, after date of the original registration. It is
registered by filing with the Register of Deeds a sworn petition stating
the basis of the right claimed 30 days from the date of registration

>>>>A notice of lis pendens is a mere incident of an action which does

not create any right nor lien. It may be cancelled without a court
hearing.
In contrast, an adverse claim constitutes a lien on a property.
Cancellation is still necessary to render it ineffective, otherwise, the
inscription will remain annotated and shall continue as a lien upon the
property.

Purchaser in Good faith

Rule: A forged deed is an absolute nullity and conveys no title.

EXCEPTION: If there is good faith, a TCT has already been issued to the
purchaser, the latter being an innocent purchaser for value according
then the title is good.

Rules on Double Sale of Land

Ownership belongs to the person who:
1. In good faith first recorded the sale in the Registry of Property; or
2. If there is no inscription of sale on the title, ownership passes to
the person who in good faith was first in possession; or
3. In the absence thereof, to the person who presents the oldest title,
provided there is good faith.

Remedies of the Aggrieved Party

1. Motion for New Trial- 15 days from notice of judgment
2. Appeal-15 days from notice of judgment of new trial
3. Relief from Judgment-60 days after petitioner learns of judgment, but
not more than 6 months after judgment was entered
4. Petition for Review- due to extrinsic fraud, petition must be filed
within one year (1) form the issuance of the decree by LRA

Action for Reconveyance, when to file

-before issuance of decree, or within/after 1 year from entry
-if based on implied trust, 10 years;
-if based on expressed trust and void contract, imprescriptible
-if based on fraud, 4 years from the discovery of fraud
Annulment of Judgment
Grounds: extrinsic fraud and lack of jurisdiction
If based on extrinsic fraud, file within 4 years from
discovery

RECONSTITUTION OF LOST OR DESTROYED CERTIFICATE OF TITLE

(Republic Act No. 26)

Reconstitution Replacement
Original title with the RD got lost Only the owner’s duplicate
or destroyed, then reconstitution certificate got lost/destroyed, and
of the title would be necessary. the copy at the Register of Deeds
is intact.
This can be either through an
administrative reconstitution (in
case of a substantial loss of
titles in the RD) or a judicial
reconstitution (in case the RD copy
of the title is lost or destroyed

• The lost or destroyed document referred to is the one that is in the

custody of the Register of Deeds. When reconstitution is ordered, this
document is replaced with a new one — the reconstituted title — that
basically reproduces the original.
• After the reconstitution, the owner is issued a duplicate copy of the
reconstituted title.
• Administrative reconstitution of lost or destroyed certificates is
governed by RA 6732.
• It is available in case of substantial loss (10% of the total number
of titles in possession) or destruction of land titles due to fire,
flood or other force majeure.

Certificates of title shall be reconstituted from such of the sources

hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the
certificate of title;
(c) A certified copy of the certificate of title, previously issued by
the register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as
the case may be, pursuant to which the original certificate of title was
issued;
(e) A document, on file in the registry of deeds, by which the property,
the description of which is given in said document, is mortgaged, leased
or encumbered, or an authenticated copy of said document showing that
its original had been registered; and
(f) Any other document which, in the judgment of the court, is
sufficient and proper basis for reconstituting the lost or destroyed
certificate of title.

Penalties for Fraudulent Reconstituted Titles

• Any person who by means of fraud, deceit or other machination obtains
or attempts to obtain a reconstituted title shall be subject to criminal
prosecution and, upon conviction, shall be liable for imprisonment for a
period of not less than 2 years but not exceeding 5 years or the payment
of a fine of not less than 20,000 pesos but not exceeding 200,000 pesos
or both at the discretion of the court.

REPUBLIC ACT NO. 456 AN ACT TO PROHIBIT THE REGISTRATION OF

CERTAIN DOCUMENTS AFFECTING REAL PROPERTY WHICH IS
DELINQUENT IN THE PAYMENT OF REAL ESTATE TAXES

RA 456
No voluntary document by which real property or on interest
therein sold, transferred, assigned, mortgaged or leased shall be
registered in the registry of property, unless the real estate taxes
levied and actually due thereon shall have been fully paid. If evidence
of such payment is not presented within fifteen days from the date of
entry of said document in the primary entry book of the register of
deeds, the entry shall be deemed cancelled. A certificate of the
provincial, city or municipal treasurer showing that the real property
involved is not delinquent in taxes shall be sufficient evidence for the
purposes of this Act.

Chattel Mortgage Law

ACT NO. 1508 AN ACT PROVIDING FOR THE MORTGAGING OF PERSONAL PROPERTY
AND FOR THE REGISTRATION OF THE MORTGAGES SO EXECUTED

Chattel Mortgage -personal property shall be subject to mortgage

-a chattel mortgage is a conditional sale of personal
property as security for the payment of a debt, or
the performance of some other obligation specified
therein.

Public Land Act (Commonwealth Act No. 141) and other laws on Patent

Classification of Land of the Public Domain UNDER THE PUBLIC LAND ACT
(ATM)
1. Alienable/disposable (TERA)
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
 d. Town sites and for public and quasi-public uses
2. Timber lands – inalienable
3. Mineral lands – inalienable

>>>If patent or title is issued for inalienable lands, such patent or

title is void. Not subject to acquisitive prescription; even if in
possession for long time, will not ripen into ownership. Only those
classified as alienable lands can be disposed for patent or title.

Executive power to classify

The classification of public lands is a function of the executive branch
of government.
>The President upon the recommendation of Secretary of DENR will
have to first classify lands of public lands as alienable and
disposable (agricultural lands) before it could be open to
disposition or concession.
Sample board exam question
Who has the direct executive control on the sale,
disposition and management of the lands of the public
domain? A. Municipal Court
B. Bureau of Lands
C. District Land Officers
D. Regional Trial Court

Delegated Functions
Land Management Bureau Director of Administration and distribution of
Lands
Regional Executive Director (RED)
Regional Technical Director (RTD)
Provincial, Environment and Natural -Signs patents for areas up to 5
Resources Officer (PENRO)
public lands, Land classification
and release of lands of the public
domain as alienable and disposable
(A and D)
-approve survey plans for original
registration purposes.
Signs patents for 10-12 hectares
for homestead and free patents
Signs patents for 5-10 hectares for
homestead and free patents
-Approves and signs maps and plans
for public land subdivision,
cadastral and isolated surveys
-approves political boundary
surveys
hectares for homestead and free
patent
-Issuance of certificate whether
timber land or A and D (above 50
hectares)
Community Environment and Natural -Issues survey orders to conduct
Resources Officer (CENRO) isolated surveys and for
subdivision of cadastral lots for
patented and unpatented land
-Issuance of certificate whether
timber land or A and D (below 50
hectares)

Inalienable Lands (Non-registrable)

1) Intended for public use such as roads, canals, torrents, ports,
bridges constructed by the State
2) Patrimonial property of the state (i.e. friar lands)
3) Forest lands (PD 705, Revised Forestry Code)
4) Watersheds
5) Mangrove swamps
6) Mineral Lands (RA 7942, Philippine Mining Act of 1995)
7) National Parks (RA 7586, NIPAS Act)
8) Foreshore lands and reclaimed lands
9) Submerged Areas
10) Military or naval reservation
11) 11) Waters (PD 1067 Water Code of the Philippines): -rivers and
their natural beds -continuous or intermittent waters of springs and
brooks running in their natural beds -natural lakes and lagoons -surface
waters such as from rainfall -atmospheric water - Subterranean water or
ground waters - Seawater - creeks

REPUBLIC ACT NO. 274 - AN ACT AUTHORIZING THE DIRECTOR OF

LANDS TO SUBDIVIDE THE LANDS WITHIN MILITARY RESERVATIONS
BELONGING TO THE REPUBLIC OF THE PHILIPPINES WHICH ARE NO
LONGER NEEDED FOR MILITARY PURPOSES, AND TO DISPOSE OF THE
SAME BY SALE SUBJECT TO CERTAIN CONDITIONS, AND FOR OTHER
PURPOSES

-first priority shall be given to bona fide occupants of such lands and
thereafter to war veterans of the past war including members of the
USAFFE, recognized guerrillas, and deserving members of unrecognized
guerrilla organizations

Modes of Disposition of Public Lands:

A. Homestead settlement
B. Sale (public and direct sale) to individual up to 12 hectares only
C. Lease to individual 500 hectares, to corporation 1000 hectares (ex.
Foreshore Lease Application)
D. Confirmation of Imperfect or incomplete title
1. Judicial legalization- Regional Trial Court
2. Administrative legalization (free patent)-DENR
HOMESTEAD SETTLEMENT

Goal: Benevolent intention of government to distribute disposable

agricultural land to destitute citizens for their home and cultivation

Qualifications of Applicant: -only for citizen of the Philippines over

18 years of age or the head of the family
-not exceeding 12 hectares
-must have cultivated 1/5 of the land continuously for at least 1 year
upon the approval of the application
-when a homesteader has complied with all the terms and conditions which
entitle him to a tract of land, he acquires a vested interest and
regarded as the owner of the said land
-cannot be alienated within 5 years from the issuance of the patent, and
for a term of 20 years thereafter without the consent of the DENR
Secretary

Judicial Confirmation of Imperfect Titles (sa korte ipaprocess kasi

judicial)
Requirement: Actual physical possession, open & continuous, exclusive
and notorious possession and occupation of alienable and disposable
lands of the public domain since June 12, 1945.

Note: This was amended by RA 11573 in August 2021, which shortens the
period of possession and occupation of alienable and disposable
agricultural lands to 20 years, “except when prevented by war or force
majeure.”

What are Imperfect Titles?

- It refers to title which is defective and does not convey full legal
transfer of a parcel of land.

- When by themselves or through their predecessor in interest have been

in open, continuous, exclusive and notorious possession of and
occupation of alienable and disposable lands of the public domain, under
a bona fide claim of acquisition of ownership since June 12, 1945,
except when prevented by war or force majeure. (Sec 48 (b), Public Land
Act

RA 11573 - AN ACT IMPROVING THE CONFIRMATION PROCESS FOR

IMPERFECT LAND TITLES, AMENDING FOR THE PURPOSE
COMMONWEALTH ACT NO. 141, AS AMENDED, OTHERWISE KNOWN AS
“THE PUBLIC LAND ACT,” AND PRESIDENTIAL DECREE NO. 1529, AS
AMENDED, OTHERWISE KNOWN AS THE “PROPERTY REGISTRATION
DECREE”
Salient Features of RA 11573
•It also allows those who have acquired ownership of private lands or
abandoned riverbeds by right of accession or accretion under the
provision of existing laws, as well as those who have acquired ownership
of land in any other manner provided by law, to file petitions before
the regional trial courts for the perfection of their claims.

•A duly signed certification by a duly designated DENR geodetic engineer

that the land is part of alienable and disposable agricultural lands of
the public domain is sufficient proof that the land is alienable. Said
certification shall be imprinted in the approved survey plan submitted
by the application in the land registration court

•The imprinted certification in the plan should contain the geodetic

engineer’s sworn statement that the land is within the alienable and
disposable lands of the public domain, and should state the applicable
Forestry Administrative Order, DENR Administrative Order, Executive
Order, Proclamations and the Land Classification Project Map Number
covering the subject land.

•Should there be no available copy of the required documents, Project

Number and date or release in the land classification map should be
stated in the sworn statement declaring that it is existing in the
inventory of the Land Classification Map records of the National Mapping
and Resource Information Authority and is being used by the DENR.

PRESIDENTIAL DECREE No. 892

PD 892: DISCONTINUANCE OF THE SPANISH MORTGAGE SYSTEM OF REGISTRATION

AND OF THE USE OF SPANISH TITLES AS EVIDENCE IN LAND REGISTRATION
PROCEEDINGS

Spanish titles to lands which have not yet been brought under the
operation of the Torrens system, being subject to prescription, are now
ineffective to prove ownership unless accompanied by proof of actual
possession.

The system of registration under the Spanish Mortgage Law is

discontinued, and all lands recorded under said system which are not yet
covered by Torrens title shall be considered as unregistered lands.

Free Patents (Administrative Legalization) - sa DENR ipaprocess kasi

administrative
- Any natural born citizen of the Philippines who is in actual physical
possession, open & continuous by himself or through his predecessors a
tract of agricultural public land for at least 30 years or 10 years
(zoned residential areas) and shall have paid the real estate tax and
does not own more 12 hectares of land

- supported by a survey plan approved by DENR and corresponding

technical description

-affidavit of two disinterested persons who are residents of the

barangay where the land is located -land applied for is not intended for
public service or public use

-may not be sold within 5 years from the issuance of the patent

No more 5-year prohibition period

• Republic Act No. 11231 (RA No. 11231) lifted the restrictions imposed
by Commonwealth Act No. 141 (CA No. 141)

• With the enactment of RA No. 11231 in July 2018, an agricultural free

patent is now a title in fee simple free of any restriction on its
encumbrance or alienation. It applies retroactively such that any
restrictions on the acquisition, encumbrances, or dispositions on
agricultural free patents issued prior to the enactment of RA No. 11231
shall be removed and immediately lifted

Sample board exam question

The cancellation of a free patent is between the grantor and the
A. DARAB
B. DENR
C. Applicant/ grantee
D. LRA/ Registration of deeds

If Sales Patents and TCTs were in fact fraudulently obtained, the

suit to recover the disputed property should be filed by the State
through the Office of the Solicitor General the title having originated
from a grant by the government, their cancellation is a matter between
the grantor and the grantee (De Ocampo vs. Arlos, 343 SCRA 716,717)

Reversion
Reversion is an action filed by the government as the grantor against
the grantee, through the Office of the Solicitor General as its lawyer,
to restore public land fraudulently awarded and disposed of to private
individuals or corporations to the mass of the public domain. (i.e.
selling of free patent land within prohibition period

Sample board exam question

Which agency of the government can bring action in court in order to
revert a private land back to the government?
A. Land Management Bureau
B. Provincial Agrarian Reform Office
C. Land Registration Authority
D. Office of the Solicitor General

SECTION 101 OF CA 141

All actions for the reversion to the Government of lands of the public
domain or improvements thereon shall be instituted by the Solicitor-
General or the officer acting in his stead, in the proper courts, in the
name of the Commonwealth of the Philippines.

REPUBLIC ACT No. 10023 (AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS
TO RESIDENTAL 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;

• That the land applied for is not needed for public service and/or
public use

Sample board exam question For the purpose of qualifying a public land
applicant of a free patent under RA 10023, the average annual income of
a 2nd class municipality where he is applying is equal to or more than
45 million but not exceeding A. 65M B. 55M C. 45M D. 75M

- Second class municipalities – municipalities with an average annual

income equal to or more than Forty Five Million Pesos (P45,000,000.00),
but not exceeding Fifty Five Million Pesos (P55,000,000.00), as provided
for in DO 23-08. Provided that, any future changes in qualifications for
classification as second class municipality by the concerned government
agency at the time of filing of the application will prevail.

Coverage of Residential Free Patent

• This Act shall cover all lands that are zoned as residential areas,
including townsites as defined under the Public Land Act; Provided, That
none of the provisions of Presidential Decree No. 705 shall be violated.
Application of Residential Free Patent
• The application on the land applied for shall be supported by a map
based on an actual survey conducted by a licensed geodetic engineer and
approved by the Department of Environment and Natural Resources (DENR)
and a technical description of the land applied for.
• 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.

Period for Application of Residential Free Patent

• All applications shall be filed immediately after the effectivity of
this Act before the Community Environment and Natural Resources Office
(CENRO) of the DENR.

• The CENRO is mandated to process the application within one hundred

and twenty (120) days to include compliance with the required notices
and other legal requirements, and forward this recommendation to the
Provincial Environment and Natural Resources Office (PENRO), who shall
have five (5) days to approve or disapprove the patent.

• In case of approval, patent shall be issued; in case of conflicting

claims among different claimants, the parties may seek the proper
judicial remedies.

Sample board exam question

Which agency of the government that has jurisdiction over cases
involving construction and developments along foreshore area? A. DENR B.
PRA C. DPWH D. PPA

Regulatory Jurisdictions of each Agency over Foreshore Areas

• DENR – over the survey and management of alienable and disposable
public land, issuance of leases and permits & over matters of forestry,
mining and environmental concerns (C.A. 141/EO 192)
• DPWH – over cases involving construction and developments along
foreshore areas.(C.A. 141, Sec.66)
• PPA – issuance of permit regarding construction of pier/port. (PD No.
857, Dec. 23, 1975)
• BFAR – issues or cancels Fishpond Lease Agreements (Fisheries Code of
1998)
• PRA – responsible over activities pertaining to reclamation. (E.O.
525 & 654)
• HLURB – promulgates zoning and land use standards & guidelines
governing land use plans and zoning ordinances of LGUs.(E.O. 648 & 72,
R.A. 7279)