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Land Titles and
Deeds
CHAPTER III

Prepared by:
maekristineconde
 Judicial
Confirmation of
Imperfect or
Incomplete Titles
 Section 48, Public Land Act (C.A.141, as amended
SECTION 48. The following-described citizens of the Philippines, occupying lands of the
public domain or claiming to own any such lands or an interest therein, but whose titles have
not been perfected or completed, may apply to the Court of First Instance of the province
where the land is located for confirmation of their claims and the issuance of a
certificate of title therefor, under the Land Registration Act , to wit:

(a) Those who prior to the transfer of sovereignty from Spain to the prior United States
have applied for the purchase, composition or other form of grant of lands of the public
domain under the laws and royal decrees then in force and have instituted and prosecuted the
proceedings in connection therewith, but have with or without default upon their part, or for
any other cause, not received title therefor, if such applicants or grantees and their heirs have
occupied and cultivated said lands continuously since the filing of their applications.
 Section 48 (b), Public Land Act (C.A.141, as amended
(b) Those who by themselves or through their predecessors in interest have been in
open, continuous, exclusive, and notorious possession and occupation of alienable and
disposable lands of the public domain, under a bona fide claim of acquisition or ownership,
since June 12, 1945, except when prevented by war or force majeure. These shall be
conclusively presumed to have performed all the conditions essential to a Government grant
and shall be entitled to a certificate of title under the provisions of this chapter.

(c) Members of the national cultural minorities who by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious possession
and occupation of lands of the public domain, under a bona fide claim of ownership since
June 12, 1945, shall be entitled to the rights granted in subsection (b) hereof.
 Imperfect title that require
confirmation

1. Spanish titles derived from old Spanish

grants

2. Imperfect titles derived from open,

continuous, exclusive and notorious possession
in the concept of an owner since June 12, 1945.
Who may apply?

a. The applicant must be a Filipino citizen;

b. He must have, by himself or through his predecessors-in-interest, possessed

and occupied an alienable and disposable agricultural portion of the public
domain;

c. Such possession and occupation must have been open, continuous, exclusive
and notorious in the concept of an owner, since June 12, 1945; and

d. The application must be filed with the proper court.

Note!
No material differences between Section 14(1) of P.D. No.
01 1529 and Section 48 (b) of C.A. No. 141

Only ALIENABLE and DISPOSABLE lands may be

02 subject of confirmation of title.

Where applicant has acquired a right to a governmental

03 grant, application is a mere formality.
Note!

04 Compliance with all the requirements for a government

grant ipso jure converts land to private property.
 Requisite steps in bringing land under the Torrens
System

1. Survey of land by the Lands Management Bureau or a duly licensed private surveyor;

2. Filing of application for registration by the applicant;

 Requisite steps in bringing land under the Torrens
System

3. Setting of the date for the initial hearing of the application by the court;

4. Transmittal of the application and the date of initial hearing together with all the documents
or other evidences attached thereto by the Clerk of Court to the LRA;
 Requisite steps in bringing land under the Torrens
System

5. Publication of the notice of the filing of the application and date and place of the hearing
in the Official Gazette and in a newspaper of general circulation;

6. Service by mailing of notice upon contiguous owners, occupants and those known to have
interests in the property;
 Requisite steps in bringing land under the Torrens
System

7. Posting by the sheriff of the notice in a conspicuous place on the land and in the bulletin
board of the municipal building or city where the land is situated;

8. Filing of answer to the application by any person whether named in the notice or not;
 Requisite steps in bringing land under the Torrens
System

9. Hearing of the case by the court;

10. Promulgation of judgment by the court;

 Requisite steps in bringing land under the Torrens
System

11. Issuance of an order for the issuance of a decree declaring the decision final and
instructing the LRA to issue the decree of confirmation and registration;

12. Entry of the decree of registration in the LRA;

 Requisite steps in bringing land under the Torrens
System

13. Sending of copy of the decree of registration to the corresponding Register of Deeds; and

14 Transcription of the decree of registration in the registration book and the issuance of the
owner’s duplicate original certificate of title to the applicant by the Register of Deeds, upon
payment of the prescribed fees.
Thank you!