UNIVERSITY OF SAINT LOUIS

Tuguegarao City

SCHOOL OF ENGINEERING, ARCHITECTURE

AND INFORMATION TECHNOLOGY EDUCATION
First Semester
A.Y. 2021-2022

CORRESPONDENCE LEARNING MODULE

GEOD 1153 – Land Registration Laws

Prepared by:

ENGR. JOSEPHINE C. CUMMITING

Reviewed by:

ENGR. MAY Z. VALDEZ, ME-GE

GE Program Chair

Recommended by:

ENGR. VICTOR C. VILLALUZ, MEE

Acting Academic Dean

Approved by:

EMMANUEL JAMES PATTAGUAN, Ph.D.

Vice President for Academics

School of Engineering, Architecture and Information Technology Education

GEOD 1153 – Land Registration Laws| 1
WEEKLY STUDY AND ASSESSMENT GUIDE
For this week, August 17 – 20, 2021 of this grading period, the following shall be your guide for the different
lessons and tasks that you need to accomplish. Be patient read it carefully before proceeding to the tasks
expected of you.

Date Topic Activities/Tasks

August 17, 2021 Orientation/Setting of expectations
The USL Vision – Mission and
Values
August 18-20, 2O21 Land registration Read Lessons

August 20, 2021 Submission of learning tasks Accomplish the worksheet in the
Assessment Portion of this module

GOOD BLESS!

GEOD 1153 – Land Registration Laws| 2

 WEEK 5: Introduction to Land Registration

LEARNING OUTCOME
At the end of the lesson, the students should:

 Discover the best mode of acquiring ownership over property

 Describe land titles under Spanish regime

I. MODES OF ACQUIRING OWNERSHIP

Art. 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by
donation, by testate and intestate succession, and in consequence of certain contracts, by
tradition.

They may also be acquired by means of prescription.

‘MODE’ DISTINGUISHED FROM ‘TITLE’

 Mode is the process of acquiring or transferring ownership.
 Title is not ordinarily sufficient to convey ownership, but which gives a juridical justification
for a mode; i.e., it provides the cause for the acquisition of ownership.

A. Original modes. (Independent of any pre-existing or preceding title or right of

another):
1. OCCUPATION

Art. 713. Things appropriable by nature which are without an owner, such as
animals that are the object of hunting and fishing, hidden treasure and
abandoned movables, are acquired by occupation.

Occupation is the acquisition of ownership by seizing corporeal things that

have no owner, made with the intention of acquiring them, and accomplished
according to legal rules.

 Some Kinds of Property Acquirable by Occupation

i. those without an owner, like animals that are the object of hunting
and fishing
(Provided that they are seized during the OPEN, not closed
seasons and provided the catching is not perpetrated thru illegal
means like explosives and provided furthermore that they have not
been already caught and appropriated by somebody else).

ii. Hidden treasure

(He gets half as finder, by occupation, provided he is not a
trespasser; if married, his share goes to the conjugal partnership).
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 iii. Abandoned movables (hallazgo).

Note: A thing is considered ABANDONED when:

(a) The “spes recuperandi” (expectation to recover) is gone;
and
(b) The ‘‘animo revertendi” (intention to return or have it
returned) has been given up by the owner.

2. CREATION OR WORK (in the Civil Code, only intellectual creation is

mentioned).

Art. 721. By intellectual creation, the following persons

acquire ownership:
a. The author with regard to his literary, dramatic, historical, legal,
philosophical, scientific or other work;
b. The composer, as to his musical composition;
c. The painter, sculptor, or other artist, with respect to the product of his
art;
d. The scientist or technologist or any other person with regard to his
discovery or invention.

Art. 722. The author and the composer shall have the ownership of their
creations even before the publication of the same. Once their works are
published, their rights are governed by the Copyright laws. The painter,
sculptor or other artist shall have dominion over the product of his art even
before it is copyrighted. The scientist or technologist has the ownership of his
discovery or invention even before it is patented.

B. Derivative modes. (Somebody else was the owner before):

1. TESTATE AND INTESTATE SUCCESSION

- inheritance
Testate means that the person who died left a will.
Intestate means that he died without leaving a will.

2. DONATION
-as when a parcel of land is given gratuitously and accepted and in a public
instrument

Art. 725. Donation is an act of liberality whereby a person disposes gratuitously

of a thing or right in favor of another, who accepts it.

Acceptance by the donee is required because no one can be compelled to

accept the generosity of another.

Classification of Donations (From the viewpoint of time of taking effect)

GEOD 1153 – Land Registration Laws| 4

  Inter Vivos
- When the donor intends that the donation shall take effect during the lifetime
of the donor, though the property shall not be delivered till after the donor’s
death
- The fruits of the property from the time of the acceptance of the donation,
shall pertain to the donee, unless the donor provides otherwise.

 In praesenti to be delivered in futuro

- The donation “in praesenti to be delivered in futuro,’’ is considered as a
donation INTER VIVOS, and all the characteristics referred to above, of
donations inter vivos are applicable to it.

 Mortis causa
-for the donation takes effect only upon the donor’s death

3. PRESCRIPTION
-as when ownership of land is acquired by adverse possession for the period of
time required under the law, provided the necessary legal conditions or requisites
are present.
-All things which are within the commerce of men are susceptible of prescription,
unless otherwise provided. Thus, the peaceful and adverse possession of land
that is continuous and uninterrupted for a certain period of time may be
converted into ownership of the land. However, property of the State or any of its
subdivisions not patrimonial in character shall not be the object of prescription.

The claim of ownership114 must be in the concept of owners, adverse, public

and peaceful. Acquisitive prescription is either ordinary or extraordinary. The law
fixes ten (10) years by ordinary prescription, that is, without need of title and
good faith,117 and thirty (30) years by extraordinary prescription, without need of
title and good faith.

4. LAW

Art. 440. The ownership of property gives the right by accession to everything
which is produced thereby, or which is incorporated or attached thereto, either
naturally or artificially.

Accession is that by which property is given to a person in addition to what said

person already possesses, said additional property being the result of a natural
increase, like land, by deposit of a river; or houses, when built on one’s own land;
or the young of animals.
- Stimson’s Law Dictionary

GEOD 1153 – Land Registration Laws| 5

 5. TRADITION, as a consequence of certain contracts (the contract of sale, barter,
assignment, simple loan or mutuum).

A perfected sale does not transmit ownership; it is the delivery or tradition which
conveys ownership

*******************************End of Lesson*******************************

REFERENCES

Electronic book

Aquino, A. (2007). Land Registration and Related Proceeding

Paras, E. (2008). Civil Code of the Philippines Annotated

Online Reference

https://news.abs-cbn.com/views-and-analysis/05/06/08/inheritance-law-101-katrina-legarda#:~:text=Testate%20and
%20intestate%20succession%20is,died%20without%20leaving%20a%20will.&text=The%20dead%20person%20is
%20called,person%20who%20makes%20a%20will.

GEOD 1153 – Land Registration Laws| 6

 WEEK 6: Land titles under the Spanish Regime

At the end of the lesson, the students should:

 Describe land titles under Spanish regime

I. LAND TITLES GRANTED BY THE SPANISH CROWN

The Legal Background

During the 16th century, the Philippines passed to the Spanish Crown by discovery and
conquest. Consequently, our lands, whether agricultural, mineral or forest became at least
technically speaking, the exclusive patrimony and dominion of the Spanish Crown. Hence,
private ownership in land can only be founded on royal concessions They may also be
acquired by means of prescription.

Royal concession may be accomplished in varied forms.

A. “TITULO REAL’’ OR ROYAL GRANT

Title to land granted generally to Spanish subjects in order to encourage them to settle
and go out to the people of the new territory are called TITULO REAL.

B. “CONCESION ESPECIAL’’ OR SPECIAL GRANT

C. “COMPOSICION CON EL ESTADO’’ OR ADJUSTMENT TITLE

D. “TITULO DE COMPRA’’ OR TITLE BY PURCHASE

E. “INFORMACION POSESORIA’’ OR POSSESSORY INFORMATION TITLE

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