LAND TITLES AND DEEDS REVIEWER

I.INTRODUCTION / OVERVIEW

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

DEED is the instrument in writing by 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.

LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s

claim over a particular land is determined and confirmed or recognized so that such
land and the ownership thereof may be recorded in a public registry.

TORRENS SYSTEM is a system for registration of land under which, upon the
landowner’s application, the court may, after appropriate proceedings, direct the
issuance of a certificate of title.

A.History of Land Laws

i. Lynch Article

Spanish Era

1. The indigenous concept of ownership by occupation and cultivation was

recognized early on by the Laws of the Indies which governed Spanish
possessions in the Philippines and elsewhere.

2. Royal Decree stated that justified long and continuous possession by the
natives qualified them for title to their cultivated land. Where such possessors
shall not be able to produce title deeds, it shall be sufficient if they shall show
ancient possessions as a valid title.

3. Royal Cedula Circular declared: the will of the Crown• as expressed in

various instructions, royal edicts, orders and decrees, that the distribution of
lands to conquistadores discoverers, and settlers should never prejudice the
natives and their and-holdings.

4. The Spanish Mortgage Law of 1893 provided for the systematic registration of
land titles and deeds as well as for possessory claims. Under its provisions

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 owners who lack recorded title of ownership could have their interests registered
during possessory information proceeding before informacion posesoria to
qualified applicants. The titulo was merely a record of possession. It could be
converted into a record of ownership, however, twenty years (later reduced to ten
years) after its date of issue, if certain conditions were met.

5. The Maura Law of 1894 was partly an amendment of the Mortgage Law as
well as the Laws of the Indies, as already amended by previous orders and
decrees. This was the last Spanish land law promulgated in the Philippines. It
required the adjustment or registration of all agricultural lands, otherwise the
lands shall revert to the state.

6. Under the Treaty of Paris of December 10, 1998, Spain ceded to the
government of the United States all rights, interests and claims over the national
territory of the Philippines Islands. However, the Treaty was explicit that the
relinquishment and cession cannot in any respect impair the property rights
which by law belong to peaceful possession.

Separate Opinion of J. PUNO in Cruz v. Secretary 347 SCRA 128

A. How did Spain acquire the Philippines?

The Philippines passed to Spain by virtue of discovery• and conquest•.

Consequently, all lands became the exclusive patrimony and dominion of the Spanish
Crown. The Spanish Government took charge of distributing the lands by issuing royal
grants and concessions to Spaniards, both military and civilian.

Private land titles could only be acquired from the government either by purchase or by
the various modes of land grants from the Crown.

Separate Opinion of J. KAPUNAN in Cruz v. Secretary 347 SCRA 128

A. How did Spain acquire the Philippines?

When Spain acquired sovereignty over the Philippines by virtue of its discovery and
occupation thereof in the 16th century and the Treaty of Tordesillas of 1494 which it
entered into with Portugal, the continents of Asia, the Americas and Africa were
considered as terra nullius• although already populated by other people.

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In the Treaty of Tordesillas, the world was divided between Spain and Portugal, with
the former having exclusive power to claim all lands and territories west of the Atlantic
Ocean demarcation line.

The discovery and occupation by the European States, who were then considered as
the only members of the International Community of civilized nations, of lands in the
said continents were deemed sufficient to create title under International Law.

ii. Land Laws Reference: Atty. Agcaoili book

1) Public Land Act

1.Act No. 926 – the first Public Land Act passed in pursuance of the provisions
of the Philippine Bill of 1902. The law governed the disposition of lands of the
public domain. The Public Land Act operated on the assumption that title to
public lands in the Philippine Islands remained in the government. And that the
government’s title to public land sprung from the Treaty of Paris and other
subsequent treaties between Spain and the United States. The term public land
referred to all lands of the public domain whose title still remained in the
government and are thrown open to private appropriation and settlement and
excluded the patrimonial property of the government and the friar lands.

2.Act No. 2874 the second Public Land Act passed under the Jones Law. It was
more comprehensive in scope but limited the exploitation of agricultural lands to
Filipinos and Americans and citizens of other countries which gave Filipinos the
same privileges.

3.CA No. 141 amended the second Public Land Act after the passage of the
1935 Constitution. The present Public Land Act, which is essentially the same as
Act No. 2874. The main difference between the two relates to the transitory
provision on the rights of American citizens and corporations during the
Commonwealth period at par with Filipino citizen and corporations. CA No. 141,
approved November 7, 1936, applies to lands of the public domain which have
been declared open to disposition or concession and officially delimited and
classified. It contains provisions on the different modes of government grant, e.g.,
homestead, sale, free patent, and reservations for public and semi-public
purpose.

2)Land Registration Act (Act No. 496)

1.The original Land Registration Act (Act No. 496) was approved on November 6,
1902, but it became effective on January 1, 1903.

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 2.It established the Torrens system of registration in the country.

3.It created a court called the Court of Land Registration• which had exclusive
jurisdiction over all applications for registration, with power to hear and determine
all questions arising upon such applications.

4.The sole purpose of the law was to bring land titles in the Philippines under one
comprehensive and harmonious system, the cardinal features of which are
indefeasibility of title and the intervention of the State as a prerequisite to the
creation and transfer of titles and interests, with the resultant increase in the use
of land as a business asset by reason of the greater certainty and security of title.

5.Registration under the system did not create a title. It simply confirmed a title
already created and vested.

3)Cadastral Act (Act No. 2259)

1.The cadastral system of registration took effect with the enactment on February
11, 1913 of Act No. 2259. When, in the opinion of the President, the public
interest requires that title to any lands be settled and adjudicated, he shall order
the Director of Lands to make a survey thereof, with notice to all persons
claiming an interest therein.

2.Thereafter, the Director of Lands, represented by the Solicitor General, shall

institute registration proceedings by filing a petition in the proper court against the
holders, claimants, possessors or occupants of such lands, stating that the public
interest requires that the titles to such lands be settled and adjudicated.

3.Cadastral proceeding is a proceeding in rem, hence, generally binding upon

the whole world.

4) Property Registration Decree (PD No. 1529)

1. On June 11, 1978, PD No. 1529, otherwise known as the Property

Registration Decree,• was approved. The Decree was issued to update the Land
Registration Act and to codify the various laws relative to registration of property
and to facilitate effective implementation of said laws. It codified and incorporated
the following laws related to property registration:

a. Act 496, The Land Registration Act

b. CA No. 141, The Public Land Act

c. Act 2259, The Cadastral Act

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 d. Act 3344, System of Registration for Unregistered Lands

e. Act No. 1508, as amended, The Chattel Mortgage Law

f. Republic Act No. 26, Reconstitution of Original Certificates of Title

g. PD 27, Emancipation Patents, Land Reform Law

2. It supersedes all other laws relative to registration of property.

3. Judicial proceedings under the Property Registration Decree, like the old Land
Registration Act, are in rem, and are based on the generally accepted principles
underlying the Torrens system.

4. Jurisdiction over the res is acquired by giving the public notice of initial
hearing by means of

(a) publication, (b) mailing and (c) notice.

5. The Decree created the Land Registration Commission, now renamed Land
Registration Authority, as the central repository of records relative to original
registration, including subdivision and consolidation plans of titled lands.

B. The Torrens System

i. Alba v. Dela Cruz, 17 Phil 49 (1910)

The application for the registration is to be in writing, signed and sworn to by the
applicant, or by some person duly authorized in his behalf. It is to contain, among other
things, the names and addresses of all occupants of land and of all adjoining owners, if
known.

Indeed, the Land Registration Act requires that all occupants be named in the petition
and given notice by registered mail. However, notice by publication to all whom it may
concern• is considered a sufficient notice.

Under the Land Registration Act, any petition to reopen a case after a land registration
decree had been rendered cannot lie on account of the absence, infancy, or other
disability of any person affected thereby. It is only when said decree was obtained by
fraud that said petition will prosper.

ii. Separate Opinion of J. PUNO in Cruz v. Secretary, 347 SCRA 128

Grants of public land were brought under the operation of the Torrens System under
Act 496, or the Land Registration Law of 1903. Enacted by the Philippine Commission,

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Act 496 placed all public and private lands in the Philippines under the Torrens
System.

The Torrens System requires that the Government issue an official certificate of title
attesting to the fact that the person named is the owner of the property described
therein; subject to such liens and encumbrances as thereon noted or the law warrants
or reserves.

The certificate of title is indefeasible and imprescriptible and all claims to the parcel of
land are quieted upon issuance of said certificate. This system highly facilitates land
conveyance and negotiation. Its object is to do away with the delay, uncertainty, and
expense of the old conveyancing system.

Generally, by Torrens Systems• are meant those systems of registration of

transactions with interest in land whose declared object is, under governmental
authority, to establish and certify to the ownership of an absolute and indefeasible title
to realty, and to simplify its transfer.

iii. Legarda v. Saleeby, 31 Phil 590 (1915)

The real purpose of the Torrens System is to quiet title to land; to put a stop forever to
any question of the legality of the title, except claims which were noted at the time of
registration, in the certificate, or which may arise subsequent thereto.

That being the purpose of the law, it would seem that once a title is registered the
owner may rest secure, without the necessity of waiting in the portals of the court, or
sitting in the œmirador de su casa, to avoid the possibility of losing his land.

The registration under the Torrens System, does not give the owner any better title
than he had. The registration of a particular parcel of land is a bar to future litigation
over the same between the same parties. It is a notice to the world and no one can
plead ignorance of the registration.

Purposes:

1) To quiet title to the land and to stop forever any question as to the legality of
said title.

2) To relieve the land of unknown claims.

3) To guarantee the integrity of land titles and to protect their indefeasibility once
the claim of ownership is established and recognized.

4) To give every registered owner complete peace of mind.

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 5) To issue a certificate of title to the owner which shall be the best evidence of
his ownership of the land.

6) To avoid conflicts of title in and to real estate and to facilitate transactions.

iv. D.B.T. Mar-Bay Construction, Inc. v. Panes, 594 SCRA 578 (2009)

While the Torrens system is not a mode of acquiring title, but merely a system of
registration of titles to lands, justice and equity demand that the titleholder should not
be made to bear the unfavorable effect of the mistake or negligence of the State's
agents, in the absence of proof of his complicity in a fraud or of manifest damage to
third persons.

The real purpose of the Torrens system is to quiet title to land and put a stop forever to
any question as to the legality of the title, except claims that were noted in the
certificate at the time of the registration or that may arise subsequent thereto.
Otherwise, the integrity of the Torrens system would forever be sullied by the
ineptitude and inefficiency of land registration officials, who are ordinarily presumed to
have regularly performed their duties.

Thus, where innocent third persons, relying on the correctness of the certificate of title
thus issued, acquire rights over the property, the court cannot disregard those rights
and order the cancellation of the certificate. The effect of such outright cancellation will
be to impair public confidence in the certificate of title.

The sanctity of the Torrens system must be preserved; otherwise, everyone dealing
with the property registered under the system will have to inquire in every instance on
whether the title had been regularly or irregularly issued, contrary to the evident
purpose of the law. Every person dealing with the registered land may safely rely on
the correctness of the certificate of title issued therefor, and the law will in no way
oblige him to go behind the certificate to determine the condition of the property.

v. NOTES TORRENS SYSTEM:

1) Torrens system under Act No. 496, or the Land Registration Act of 1903 is said to
be almost a verbatim copy of the Massachusetts Land Registration Act of 1898, which,
in turn, followed the principles and procedure of the Torrens system of registration
formulated by Sir Robert Torrens who patterned it after the Merchant shipping Acts in
South Australia.

2) Advantages of the Torrens System:

a) It has substituted security for insecurity.

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 b ) It has reduced the costs of conveyances from pounds to shillings, and the
time occupied from months to days.

c) It has exchange brevity and clearness for obscurity and verbiage.

d) It has so simplified ordinary dealings that he who has mastered the three
RS•(which means Reading, wRiting and aRithmetic) can transact his own
conveyancing.

e) It affords protection against fraud.

f) It has restored to their just value many estates held under good holding titles,
but depreciated in consequence of some blur or technical defect, and has barred
the reoccurrence of any similar faults.

3) The main principle of registration is to make registered titles indefeasible.

4) The element of intention to deprive another of just rights constitutes the essential
characteristics of actual as distinguished from legal-fraud.

5) Proof of constructive fraud is not sufficient to authorize the Court of Land

Registration to reopen a case and modify its decree. Specific, intentional acts to
deceive and deprive another of his right or in some manner injure him, must be alleged
and proved; that is there must be actual or positive fraud as distinguished from
constructive fraud.

II.CONSTITUTIONAL PROVISIONS

A. The Regalian Doctrine

i. Paragraph 1, Section 2, Article XII of the 1987 Constitution:

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. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration, development
and utilization of natural resources shall be under the full control and supervision of the
State. The State may directly undertake such activities or it may enter into co-
production, joint venture orproduction-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms and conditions
as may be provided by law. In cases of water rights for irrigation, water supply,

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fisheries, or industrial uses other than the development of water power, beneficial use
may be the measure and limit of the grant.

Under the Regalian doctrine, all lands of the public domain belong to the State and
lands not otherwise appearing to be clearly within. Private ownership is presumed to
belong to the State. Unless public land is shown to have been reclassified as alienable
or disposable, and subsequently alienated by the State, it remains part of the public
domain. Occupation or possession thereof by a person in the concept of owner, no
matter how long cannot ripen in ownership.

ii. Cariño v. Insular Government, 41 Phil 935 (1909)

The court thus laid down the presumption of a certain title held (1) as far back as
testimony or memory went, and (2) under a claim of private ownership. Land held by
this title is presumed to never have been public land•.

The United States Supreme Court found no proof that the Spanish decrees did not
honor native title. On the contrary, the decrees discussed in Valenton v. Murciano case
appeared to recognize that the natives owned some land, irrespective of any royal
grant. The Regalian doctrine declared in the preamble of the Recopilacion was all
theory and discourse• and it was observed that titles were admitted to exist beyond
the powers of the Crown.

iii. Cruz v. Secretary of Environment, 347 SCRA 128 (2000)

The Regalian Doctrine does not negate native title.

1) Separate Opinion of J. PUNO

Cariño case firmly established a concept of private land title that existed irrespective of
any royal grant from the State and was based on the strong mandate extended to the
Islands via the Philippine Bill of 1902. The IPRA recognizes the existence of ICCs /IPs
as a distinct sector in the society. It grants this people the ownership and possession of
their ancestral domains and ancestral lands and defines the extent of these lands and
domains.

2) Separate Opinion of J. KAPUNAN

Regalian theory does not negate the native title to lands held in private ownership
since time immemorial, adverting to the landmark case of Cariño v. Insular
Government, where the US SC thru Holmes held:

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The land has been held by individuals under a claim of private ownership, it will be
presumed to have been held in the same way from before the Spanish conquest, and
never to have been public land.

Existence of native title to land, or ownership of land by Filipinos by virtue of

possession under a claim of ownership since time immemorial and independent of any
grant from the Spanish crown as an exception to the theory of jure regalia.

iv. Chavez v. Public Estates, 384 SCRA 152

The Regalian Doctrine

The ownership of lands reclaimed from foreshore and submerged areas is rooted in
the Regalian doctrine which holds that the State owns all lands and waters of the
public domain. Upon the Spanish conquest of the Philippines, ownership of all lands,
territories and possessions in the Philippines passed to the Spanish Crown. The King,
as the sovereign ruler and representative of the people, acquired and owned all lands
and territories in the Philippines except those he disposed of by grant or sale to private
individuals.

The 1935, 1973 and 1987 Constitutions adopted the Regalian doctrine substituting,
however, the State, in lieu of the King as the owner of all lands and waters of the public
domain. The Regalian doctrine is the foundation of the time honored principle of land
ownership that all lands that were not acquired from the Government, either by
purchase of by grant, belong to the public domain.

The foreshore and submerged areas of Manila Bay are part of the lands of the public
domain, waters and other natural resources and consequently owned by the State. As
such, foreshore and submerged areas shall not be alienable unless they are classified
as agricultural lands of the public domain.

The mere reclamation of these areas by the PEA does not convert these inalienable
natural resources of the State into alienable and disposable lands of the public domain.
There must be a law or presidential proclamation officially classifying these reclaimed
lands as alienable and disposable if the law has reserved them for some public or
quasi- public use.

v. Buenaventura v. Republic, 517 SCRA 271 (2207)

It is true that under the Regalian Doctrine all lands of the public domain belong to the
State and all lands not otherwise appearing to be clearly within private ownership are
presumed to belong to the State. However, such presumption is not conclusive. It can

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be rebutted by the applicant’s presentation of incontrovertible evidence showing that
the land subject of the application for registration is alienable and disposable.

vi.NOTES REGALIAN DOCTRINE:

1) Generally, under the concept of jura regalia, private title to land must be
traced to some grant, express or implied, from the Spanish Crown or its
successors, the American Colonial government, and thereafter, the Philippine
Republic.

2) In its broad sense, the term jura regalia• refers to royal rights, or those rights
which the King has by virtue of his prerogatives. In Spanish Law, it refers to a
right which the sovereign has over anything in which a subject as a right of
property or propriedad. These were rights enjoyed during feudal times by the
King as the sovereign.

3)Jura regalia was therefore nothing more than a natural fruit of conquest.

4)Regalian Doctrine or Jura Regalia is a Western legal concept that was first
introduced by the Spaniards into the country through the Laws of the Indies and
the Royal Cedulas.

B. Citizenship Requirement

i. Paragraph 1, Section 2, Article XII of the 1987 Constitution:

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. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration, development
and utilization of natural resources shall be under the full control and supervision of the
State. The State may directly undertake such activities or it may enter into co-
production, joint venture or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms and conditions
as may be provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, beneficial use
may be the measure and limit of the grant.

ii. Section 7, Article XII of the 1987 Constitution:

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Save in cases of hereditary succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or associations qualified to acquire or
hold lands of the public domain.•

iii. Section 8, Article XII of the 1987 Constitution:

Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the

Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.•

iv. Krivenko v. Register of Deeds, 79 Phil 461

Public agricultural lands• mentioned in Section 1, Article XIII of the 1935 Constitution,
include residential, commercial and industrial lands, the Court stated:

Natural resources, with the exception of public agricultural land, shall not be alienated,
and with respect to public agricultural lands, their alienation is limited to Filipino
Citizens. But this Constitutional purpose conserving agricultural resources in the hands
of Filipino citizens may easily be defeated by the Filipino citizens themselves who may
alienate their agricultural lands in favor of aliens.

Thus Section 5, Article XIII of the 1935 Constitution provides:

Save in cases of hereditary succession, no private agricultural lands will be transferred

or assigned except to individuals corporations or associations qualified to acquire or
hold lands of the public domain in the Philippines.•

NOTES:

1)In determining whether a parcel of land is agricultural, the test is not only
whether it is actually agricultural, but also its susceptibility to cultivation for
agricultural purposes.

2)Public Agricultural Lands – under Section 1 of Article XIII (now Section 2,
Article XII of the 1987 Constitution) of the 1935 Constitution classifies lands of
public domain in the Philippines into agricultural, timber and mineral.

3)Private Agricultural Lands – Section 5, Article XIII of the 1935 Constitution

v. Halili v. CA, 287 SCRA 465 (1998)

The landmark case of Krivenko v. Register of Deeds settled the issue as to who are
qualified (and disqualified) to own public as well as private lands in the Philippines.

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In fine, non-Filipinos cannot acquire or hold title to private lands or to lands of the
public domain, except only by way of legal succession.

But what is the effect of a subsequent sale by the disqualified alien vendee to a
qualified Filipino citizen? This is not a novel question. Jurisprudence is consistent
that if land is invalidly transferred to an alien who subsequently becomes a citizen or
transfers it to a citizen, the flaw in the original transaction is considered cured and the
title of the transferee is rendered valid.

vi. Muller v. Muller, 500 SCRA 65 (2006)

Mr. Muller was aware of the Constitutional prohibition when he purchased the property.
He declared the property in the name of Mrs. Muller because of said prohibition. His
attempt at subsequently asserting or claiming a right on the said property cannot be
sustained.

There was no implied trust created. Save for hereditary succession, an alien’s
disqualification is absolute. Not even an ownership in trust is allowed. Besides, no trust
can result in favor of the party who is guilty of the fraud. To hold otherwise would allow
a circumvention of the constitutional prohibition.

He who seeks equity must do equity, and he who comes into equity must come with
clean hands. Mr. Muller cannot seek reimbursement of the funds he used to purchase
the property on the ground of equity where it is clear that he willingly and knowingly
bought the property despite the constitutional prohibition.

vii. Republic v. CA and Lapiña, 235 SCRA 567

The Court explained that even if the spouses were already Canadian citizens at the
time they applied for registration, the lots were already private lands, and no longer
formed part of the public domain. They were already private in character at the time of
the purchase since respondents predecessors-in-interest had been in open,
continuous and exclusive possession and occupation thereof under claim of ownership
prior to June 12, 1945 or since 1937. Moreover, the law provides that a natural-
born citizen of the Philippines who has lost his Philippine citizenship may be a
transferee of a private land under the terms prescribed by law.

viii. Amendments to the IRR of RA No. 7042 (FIA of 1991), as amended by RA No.
8179

LIST A:

FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION

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AND SPECIFIC LAWS

No Foreign Equity

1) Mass Media except recording (Article XVI, Section 11 of the Constitution;

Presidential Memorandum dated 04 May 1994)

2) Services involving the practice of licensed professions save in cases

prescribed by law;(Article XIV, Section 14 of the Constitution; Section 1 of RA
No. 5181)

3) Retail Trade (Section 1 of RA No. 1180)

4) Cooperatives (Chapter III, Article 26 of RA No. 6938)

5) Private Security Agencies (Section 4 of RA No. 5487)

6) Small-scale Mining (Section 3 of RA No. 7076)

7) Utilization of Marine Resources in archipelagic waters, territorial sea, and

exclusive economic zone (Article XII, Section 2 of the Constitution)

8) Ownership, operation and management of cockpits (Section 5 of Presidential

Decree No. 449)

9) Manufacture, repair, stockpiling and/or distribution of nuclear weapons (Article

II, Section 8 of the Constitution)

10) Manufacture, repair, stockpiling and/or distribution of biological, chemical

and radiological weapons (Various treaties to which the Philippines is a signatory
and conventions supported by the Philippines)

Up to Twenty-Five Percent (25%) Foreign Equity

11) Private recruitment, whether for local or overseas employment (Article 27 of

Presidential Decree No. 442)

12) Contracts for the construction and repair of locally-funded public works
except:

a. infrastructure/development projects covered in RA No. 7718; and

b. projects which are foreign funded or assisted and required to undergo

international competitive bidding

Up to Thirty Percent (30%) Foreign Equity

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 13) Advertising (Article XVI, Section 11 of the Constitution)

Up to Forty Percent (40%) Foreign Equity

14) Exploration, development and utilization of natural resources (Article XII,

Section 2 of the Constitution)

15) Ownership of private lands (Article XII, Section 7 of the Constitution; Chapter
5, Section 22 of Commonwealth Act No. 141)

16) Operation and management of public utilities (Article XII, Section 11 of the
Constitution; Section 16 of Commonwealth Act No. 146)

17) Ownership/establishment and administration of educational institutions

(Article XIV, Section 2 of the Constitution)

18) Engaging in the rice and corn industry (Presidential Decree No. 194)

19) Financing companies regulated by the Securities and Exchange

Commission (SEC) Section 6 of RA No. 5980)

20) Contracts for the supply of materials, goods and commodities

to government-owned or controlled corporation, company, agency or municipal
corporation (Section 1 of RA No. 5183)

21) Contracts for the construction of defense-related structures (e.g., land, air,
sea and coastal defenses, arsenals, barracks, depots, hangars, landing fields,
quarters and hospitals) (Commonwealth Act No. 541)

22) Project proponent and facility operator of a BOT project requiring a public
utilities franchise (Article XII, Section 11 of the Constitution; Section 2a of RA No.
7718)

23) Private domestic construction contracts (Republic Act 4566; Article XIV,
Section 14 of the Constitution)

LIST B: FOREIGN OWNERSHIP IS LIMITED FOR REASONS OF SECURITY,

DEFENSE, RISK TO HEALTH AND MORALS AND PROTECTION OF SMALL-
AND MEDIUM-SCALE ENTERPRISES

Up to Forty Percent (40 %) Foreign Equity

1) Manufacture, repair, storage, and/or distribution used in the manufacture

thereof requiring Philippine National Police (PNP) clearance

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 2) Manufacture, repair, storage and/or distribution of products requiring
Department of National Defense (DND) clearance

3) Manufacture and distribution of dangerous drugs (RA No. 7042 as amended

by RA No. 8179)

NOTES:

1) Domestic investments are also prohibited (Article II, Section 8 of the

Constitution; Conventions/Treaties to which the Philippines is a signatory)

2) Full foreign participation is allowed through financial or technical assistance

agreement with the President (Article XII, Section 11 of the Constitution)

ix. Citizenship Requirement - Individuals

1 )Filipino Citizens

Citizens of the Philippines may lease not more than five hundred hectares, or acquire
not more than twelve hectares of the alienable lands of the public domain, by
purchase, homestead, or grant. (Sec. 3, Article XII, Constitution)

Citizens may acquire private lands.

2) Former Natural-Born Citizens

A natural-born citizen of the Philippines who has lost his Philippine citizenship may be
a transferee of private lands, subject to limitations provided by law. (Sec. 8, Article XII,
Constitution)

Any natural born citizen who has lost his Philippine citizenship and who has the legal
capacity to enter into a contract under Philippine laws may be a transferee of a private
land up to a maximum area of five thousand (5,000) square meters in the case of
urban land or three (3) hectares in the case of rural land to be used by him for
business or other purposes. In the case of married couples, one of them may avail of
the privilege herein granted: Provided, That if both shall avail of the same, the total
area acquired shall not exceed the maximum herein fixed.

In case the transferee already owns urban or rural land for business or other purposes,
he shall still be entitled to be a transferee of additional urban or rural land for business
or other purposes which when added to those already owned by him shall not exceed
the maximum areas herein authorized.

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A transferee under this Act may acquire not more than two (2) lots which should be
situated in different municipalities or cities anywhere in the Philippines: Provided, that
the total land area thereof shall not exceed five thousand (5,000) hectares in the case
of rural land for use by him for business or other purposes. A transferee who has
already acquired urban land shall be disqualified from acquiring rural land area and
vice versa. (Section 10 of RA No. 7042, as amended by RA No. 8179, dated March 28,
1996, Foreign Investment Act of 1991, implementing Section 8, Article XII of the
Constitution)

3) Aliens

Alien Individuals may be transferees of private lands only in cases of hereditary

succession. (Sec. 7, Article XII, Constitution)

C. Corporations

i. Section 3, Article XII of the 1987 Constitution:

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. Private corporations or
associations may not hold such 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. Citizens of the
Philippines may lease not more than five hundred hectares, or acquire not more than
twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and
subject to the requirements of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be acquired, developed, held, or
leased and the conditions therefor.•

ii. Chavez v. Public Estates, 384 SCRA 152 (2002)

The Constitutional intent, both under the 1973 and 1987 Constitutions, is to transfer
ownership of only a limited area of alienable land of the public domain to a qualified
individual. This constitutional intent is safeguarded by the provision prohibiting
corporations from acquiring alienable lands of the public domain, since the vehicle to
circumvent the constitutional intent is removed. The available alienable public lands
are gradually decreasing in the face of an ever-growing population. The most effective
way to insure faithful adherence to this constitutional intent is to grant or sell alienable

17
lands of the public domain only to individuals. This, it would seem, is the practical
benefit arising from the constitutional ban.

If the constitutional intent is to encourage economic family-size farms, placing the land
in the name of a corporation would be more effective in preventing the break-up of
farmlands. If the farmland is registered in the name of a corporation, upon the death of
the owner, his heirs would inherit shares in the corporation instead of subdivide parcels
of the farmland. This would prevent the continuing break-up of farmlands into smaller
and smaller plots from one generation to the next.

The constitutional ban strengthens the constitutional limitation on individuals from

acquiring more than the allowed area of alienable lands of the public domain. Without
the constitutional ban, individuals who already acquired the maximum area of alienable
lands of the public domain could easily set up corporations to acquire more alienable
public lands. The corporation is a convenient vehicle to circumvent the constitutional
limitation on acquisition by individual of alienable lands of the public domain.

iii. Director v. IAC and ACME, 146 SCRA 509 (1986)

When natural persons have fulfilled the required statutory period of possession, the
Public Land Act confers on them a legally sufficient and transferable title to the land,
which are already private lands because of acquisitive prescription, and which could
be validly transferred or sold to private corporations.

The doctrine of vested rights was articulated by the Supreme Court in this ruling.

The Supreme Court declared that the purely accidental circumstance that confirmation
proceedings were brought under the aegis of a subsequent law which forbids
corporations from owning lands of the public domain cannot defeat a right already
vested before that law came into effect, or invalidate transactions then perfectly valid
and proper. The Court emphatically stated that even the Constitution or subsequent
law cannot impair vested rights.

iv. NOTES - CORPORATIONS:

1) Private corporations or associations may not hold such 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.

(Sec. 3, Article XII, Constitution)

18
 2) Corporations or associations — whether citizens or of citizens and aliens —
may not own, but may only hold by lease lands of the public domain. (DOJ
Opinion, 1973)

3) However, only corporations or associations at least 60% of the capital stock of

which is owned by Filipinos, and the remainder by foreigners, may own private
lands.

4) Condominium Corporation Owns the Land

Transfers to aliens of a condominium unit may be made only up to the point

where the concomitant transfer of membership or stockholding in the
condominium corporation would not cause the alien interest in such corporation
to exceed 40% of its entire capital stock. (Sec 5, Condominium Act)

5) Corporation Leases the Land

Any corporation which is owned 100% by a foreign firm may establish a

"condominium corporation" under R.A. No. 4726 and set up a condominium
project on land leased for a period not to exceed (50) years. (DOJ Opinion 1973)

Foreign Investors may lease private lands for a period not exceeding fifty (50)
years, renewable once for a period of not more than twenty- five (25) years,
provided that the leased area shall be used solely for the purpose of the
investment, and provided further that the leased premises shall comprise such
area as may reasonably be required for the purpose of the investment subject
however to the Comprehensive Agrarian Reform Law and the Local Government
Code. (Sec. 4, Investor’s Lease Act)

6) Land is Co-owned by the Unit Owners

Where the common areas in the condominium project are owned by the owners
of separate units as co-owners thereof, no condominium unit therein shall be
conveyed or transferred to persons other than Filipino citizens, or corporations at
least 60% of the capital stock of which belong to Filipino citizens, except in cases
of hereditary succession. (Sec. 5, Condominium Act)

Only citizens of the Philippines, as individuals, may acquire both private lands
and lands of the public domain. Therefore, there can be no joint ownership of
such lands between Filipinos and foreign investors as individuals.

D. CHAPTER 1 GENERAL PROVISIONS

i. SECTION 2. Nature of registration proceedings; jurisdiction of courts.

19
Judicial proceedings for the registration of lands throughout the Philippines shall be in
rem and shall be based on the generally accepted principles underlying the Torrens
system.

Courts of First Instance (now Regional Trial Courts) shall have exclusive jurisdiction
over all applications for original registration of title to lands, including improvements
and interests therein, and over all petitions filed after original registration of title, with
power to hear and determine all questions arising upon such applications or petitions.
The court through the clerk of court shall furnish the Land Registration Commission
with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued
in applications or petitions for land registration, with the exception of stenographic
notes, within five days from the filing or issuance thereof.

NOTES SECTION 2 of PRD:

1) Registration is not a mode of acquiring ownership but is merely a procedure

to establish evidence of tile over realty.

2) A certificate of title is not a source of right. It merely confirms or records a title

already existing and vested. The mere possession thereof does not make one
the true owner of the property.

3) Title is generally defined as the lawful cause or ground of possessing that

which is ours. Title, therefore, may be defined briefly as that which constitutes a
just cause of exclusive possession, or which is the foundation of ownership of
property, real or personal. Certificate of title, on the other hand, is a mere
evidence of ownership; it is not the title to the land itself.

4) Under the Torrens system, a certificate of title may be:

a.Original Certificate of Title: the first title issued in the name of the
registered owner by the Register of Deeds covering a parcel of land which
had been registered by virtue of a judicial or administrative proceeding.

b. Transfer Certificate of Title – the title issued by the ROD in favor of the
transferee to whom the ownership of the already registered land had been
transferred by virtue of a sale or other modes of conveyance.

5) Torrens Title is a certificate of ownership issued under the Torres System,

through the Register of Deeds, naming and declaring the owner of the real
property described therein, free from all liens and encumbrances except such as
may be expressly noted there or otherwise reserved by law.

20
6) General Rule: A title once registered cannot be impugned, altered, changed,
modified, enlarged, or diminished. It shall not be subject to collateral attack.
Exception: Direct proceeding permitted by law, usually for the protection of
innocent third persons.

7) Collateral Attack

A certificate of title shall not be subject to collateral attack. It cannot be altered,

modified, or cancelled except in a direct proceeding in accordance with
law. (Sec. 48, P.D. 1529)

a. Accion Publiciana, also known as accion plenaria de posesion, is an ordinary

civil proceeding to determine the better right of possession of realty independent
of title. It refers to an ejectment suit filed after the expiry of one year from the
accrual of the cause of action or from the unlawful withholding of possession of
the realty. The objective of the plaintiffs in an accion publiciana is to recover
possession only, and not ownership. However, where the question of ownership
is raised, the courts may pass upon the issue to determine who has the better
right of possession. Such determination is merely provisional and not conclusive
on the question of ownership.

b. If the petitioner-defendants attack on the validity of respondent-plaintiffs title,

by claiming that fraud attended its acquisition, is a [prohibited] collateral attack on
the title. It is an attack incidental to the quest to defend their possession of the
properties in an accion publiciana not in a direct action whose main objective is
to impugn the validity of the judgment granting the title.

8) Nature of Torrens System:

a. Judicial in character and not merely administrative.

b. Proceeding is in rem (binding upon the whole world). A proceeding is in

rem when the object of the action is to bar indifferently all who might be
minded to make an objection of any sort against the right sought to be
established, and if anyone in the world has a right to be heard on the
strength of alleging facts which, if true, show an inconsistent interest.

c. Distinguished from proceedings in personam and quasi in rem:

i. It is a proceeding in personam when the technical object of the suit is to

establish a claim against some particular person, with a judgment which
generally in theory at least, binds his body, o to bar some individual claim or
objection, so that only certain persons are entitled to be heard in defense.
21
 ii. On the other hand, actions quasi in rem deal with the status, ownership or
liability of a particular property but which are intended to operate on these
questions only as between the particular parties to the proceedings and not to
ascertain or cut off the rights or interests of all possible claimants. The judgments
therein are binding only upon the parties who joined in the action.

9) RTC have plenary jurisdiction over land registration cases as provided in

Section 2 of PD 1529. Exception – Inferior Courts delegated jurisdiction to hear
and determine cadastral or land registration cases in the following instances:

a. Where the lot sought to be registered is not the subject of controversy or

opposition; or

b. Where the lot is contested but the value thereof does not exceed
P100,000.00, such value to be ascertained by the affidavit of the claimant
or by the agreement of the respective claimants, if there be more than one,
or from the corresponding tax declaration of the real property.

10)Actions for forcible entry into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon the metropolitan trial courts,
municipal trial courts, and municipal circuit trial courts.

11) The Decree has eliminated the distinction between the general jurisdiction
vested in the RTC and the limited jurisdiction conferred upon it by the former law
when acting merely as a cadastral court. The amendment was aimed at avoiding
multiplicity of suits and the change has simplified registration proceedings.

12) Venue:

a. Real Actions affecting title to or possession of real property, or an

interest therein shall be commenced and tried in the proper court which has
territorial jurisdiction over the area where the real property involved, or a
portion thereof, is situated.

b. Personal Actions shall be commenced and tried in the proper court

where the plaintiff or any of the principal defendants resides or in the case
of anon-resident defendant where he may be found, at the election of the
plaintiff.

ii. SECTION 3. Status of other pre-existing land registration system.

22
The system of registration under the Spanish Mortgage Law is hereby discontinued
and all lands recorded under said system which are not yet covered by Torrens title
shall be considered as unregistered lands.

Hereafter, all instruments affecting lands originally registered under the Spanish
Mortgage Law may be recorded under Section 113 of this Decree, until the land shall
have been brought under the operation of the Torrens system.

The books or registration for unregistered lands provided under Section 194 of the
Revised Administrative Code, as amended by Act No. 3344, shall continue to remain in
force; Provided, that all instruments dealing with unregistered lands shall henceforth be
registered under Section 113 of this Decree.

E. CHAPTER 2 THE LAND REGISTRATION COMMISSION AND ITS

REGISTRIES OF DEEDS

i. Section 4. Land Registration Commission.

In order to have a more efficient execution of the laws relative to the registration of
lands, geared to the massive and accelerated land reform and social justice program of
the government, there is created a commission to be known as the Land Registration
Commission under the executive supervision of the Department of Justice.

ii. Section 5. Officials and employees of the Commission.

The Land Registration Commission shall have a chief and an assistant chief to be
known, respectively, as the Commissioner and the Deputy Commissioner of Land
Registration who shall be appointed by the President. The Commissioner shall be duly
qualified member of the Philippine Bar with at least ten years of practice in the legal
profession, and shall have the same rank, compensation and privileges as those of a
Judge of the Court of First Instance. The Deputy Commissioner, who shall possess the
same qualifications as those required of the Commissioner, shall receive
compensation which shall be three thousand pesos per annum less than that of the
Commissioner. He shall act as Commissioner of Land Registration during the absence
or disability of the Commissioner and when there is a vacancy in the position until
another person shall have been designated or appointed in accordance with law. The
Deputy Commissioner shall also perform such other functions as the Commissioner
may assign to him.

They shall be assisted by such number of division chiefs as may be necessary in the
interest of the functioning of the Commission, by a Special Assistant to the
Commissioner, and by a Chief Geodetic Engineer who shall each receive

23
compensation at the rate of three thousand four hundred pesos per annum less than
that of the Deputy Commissioner.

All other officials and employees of the Land Registration Commission including those
of the Registries of Deeds whose salaries are not herein provided, shall receive
salaries corresponding to the minimum of their respective upgraded ranges as
provided under paragraph 3.1 of Budget Circular No. 273, plus sixty per centum
thereof across the board, notwithstanding the maximum salary allowed for their
respective civil service eligibilities.

The salaries of officials and employees provided in this Decree shall be without
prejudice to such benefits and adjustments as may from time to time be granted by the
President or by the legislature to government employees.

All officials and employees of the Commission except Registers of Deeds shall be
appointed by the Secretary of Justice upon recommendation of the Commissioner of
Land Registration.•

NOTES SECTION 5 of PRD:

1) On June 17, 1954, RA No. 1151 created the Land Registration Commission
(LRC) to provide a more efficient execution of the existing laws relative to the
registration of lands.

2) LRC exercise supervision and control over all Registers of Deeds, as well as
the clerical and archival system of the courts of first instance throughout the
Philippines with the reference to the registration of lands.

3) It was headed by a Commissioner and an Assistant Commissioner, both

appointed by the President with the consent of the Commission on
Appointments.

4) The LRC has been renamed Land Registration Authority (LRA). It is headed
by an Administrator who is assisted by two (2) Deputy Administrators, all of
whom are appointed by the President upon the recommendation of the Secretary
of Justice. All other officials of the LRA, except Register of Deeds, are appointed
by the Secretary of Justice upon recommendation of the Administrator.

5) The LRA is the central repository of records relative to original registration of

lands titled under the Torrens system, including subdivision and consolidation
plans of titled lands. Specifically, it is responsible for the issuance of decrees of
registration and certificates of title (original and duplicate) where land is brought
for the first time under the Torrens system.
24
iii. Section 6. General Functions.

1. The Commissioner of Land Registration shall have the following functions:

a) Issue decrees of registration pursuant to final judgments of the courts in

land registration proceedings and cause the issuance by the Registers of
Deeds of the corresponding certificates of title;

b) Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;

c) Resolve cases elevated en consulta by, or on appeal from decision of,

Registers of Deeds;

d) Exercise executive supervision over all clerks of court and personnel of

the Courts of First Instance throughout the Philippines with respect to the
discharge of their duties and functions in relation to the registration of
lands;

e) Implement all orders, decisions, and decrees promulgated relative to the

registration of lands and issue, subject to the approval of the Secretary of
Justice, all needful rules and regulations therefor;

f)Verify and approve subdivision, consolidation, and consolidation-

subdivision survey plans of properties titled under Act No. 496 except those
covered by P.D. No. 957.

2. The Land Registration Commission shall have the following functions:

a) Extend speedy and effective assistance to the Department of Agrarian

Reform, the Land Bank, and other agencies in the implementation of the land
reform program of the government;

b) Extend assistance to courts in ordinary and cadastral land registration

proceedings;

c) Be the central repository of records relative to original registration of lands

titled under the Torrens system, including subdivision and consolidation plans of
titled lands.

NOTES SECTION 6 of PRD:

1) LRA Administrator, an executive officer with judicial rank.

25
 a. Shall have the same rank, compensation, and privileges as those of a
Judge of the Court of First Instance (RTC).

b. His functions are plainly executive and subject to the President’s power
of supervision and control.

c. He can be investigated and removed only by the President and not by

the Supreme Court.

2) Duty of LRA to issue decree ministerial.

a. While the duty of the LRA officials to issue a decree of registration is

purely ministerial, it is ministerial only in the sense that they act under the
orders of the court and the decree must be in conformity with the decision
of the court and with the data found in the record, as to which they have no
discretion on the matter.

b. But the issuance by LRA officials of a decree of registration is not a

purely ministerial duty in cases where they find that such would result to the
double titling of the same parcel of land.

c. The issuance of a decree of registration is part of the judicial function of

courts and is not compellable by mandamus because it involves the
exercise of discretion.

d. The duty of land registration officials to render reports is not limited to

the period before the court’s decision becomes final, but may extend even
after its finality but not beyond the lapse of one (1) year from the entry of
the decree.

iv. Section 7. Office of the Register of Deeds.

There shall be at least one Register of Deeds for each province and one for each city.
Every Registry with a yearly average collection of more than sixty thousand pesos
during the last three years shall have one Deputy Register of Deeds, and every
Registry with a yearly average collection of more than three hundred thousand pesos
during the last three years, shall have one Deputy Register of Deeds and one second
Deputy Register of Deeds.

The Secretary of Justice shall define the official station and territorial jurisdiction of
each Registry upon the recommendation of the Commissioner of Land Registration,
with the end in view of making every registry easily accessible to the people of the
neighboring municipalities.

26
The province or city shall furnish a suitable space or building for the office of the
Register of Deeds until such time as the same could be furnished out of national funds.

NOTES SECTION 7 of PRD:

1) Registry of Property:

a. The registration of instruments affecting registered land must be done in the

proper registry, in order to affect and bind the land and, thus, operate as
constructive notice to the world.

b. If the sale is not registered, it is binding only between the seller and the buyer
but it does not affect innocent third persons.

c. The Civil Code, in Article 708, provides for the establishment of a Registry of
Property which has for its object the inscription or annotation of acts and
contracts relating to the ownership and other rights over immovable property.

d. The original copy of the original certificate of title shall be filed in the Registry
of Deeds.

e. Each Register of Deeds shall keep a primary entry book where all instruments
including copies of writs and processes relating to registered land shall be
entered in the order of their filing. They shall be regarded as registered from the
time so noted.

2) Registration in general, as the law uses the word, means any entry made in the
books of the Registry, including both registration in its ordinary and strict sense, and
cancellation, annotation, and even the marginal notes. In its strict acceptation, it is the
entry made in the Registry which records solemnly and permanently the right of
ownership and other real rights.

3) When a conveyance has been properly recorded, such record is constructive notice
of its contents and all interests, legal and equitable, included therein.

4) Effect of Registration:

a. The act of registration shall be the operative act to convey or affect the land
insofar as third persons are concerned, and in all cases under this Decree.

b. Registration in the public registry is notice to the whole world.

c. Thus, between two buyers of the same immovable property registered under
the Torrens system, the law gives ownership priority to:

27
 i. The first registrant in good faith;

ii. Then, the first possessor in good faith; and

iii. Finally, the buyer who in good faith presents the oldest title.

This rule, however, does not apply if the property is not registered under
the Torrens system.

d. In a case, two certificates of title were issued covering the very same property
derived from two different land patents, the Court ruled in favor of the owner who
registered his land patent first regardless of the date of issuance of the said land
patent.

v. Section 8. Appointment of Registers of Deeds and their Deputies and other

subordinate personnel; salaries.

Registers of Deeds shall be appointed by the President of the Philippines upon

recommendation of the Secretary of Justice. Deputy Registers of Deeds and all other
subordinate personnel of the Registries of Deeds shall be appointed by the Secretary
of Justice upon the recommendation of the Commissioner of Land Registration.

The salaries of Registers of Deeds and their Deputies shall be at the following rates:

1. First Class Registries - The salaries of Registers of Deeds in first class

Registries shall be three thousand four hundred pesos per annum less than that
of the Deputy Commissioner.

2. Second Class Registries - The salaries of Registers of Deeds in second class

Registries shall be three thousand four hundred pesos per annum less than
those of Registers of Deeds in first class Registries.

3. Third Class Registries - The salaries of Registers of Deeds in third class

Registries shall be three thousand four hundred pesos per annum less than
those of Registers of Deeds in second class Registries.

4. The salaries of Deputy Registers of Deeds and Second Deputy Registers of

Deeds - shall be three thousand four hundred pesos per annum less than those
of their corresponding Registers of Deeds and Deputy Registers of Deeds,
respectively.

The Secretary of Justice, upon recommendation of the Commissioner of Land

Registration, shall cause the reclassification of Registries based either on work load or

28
the class of province/city, whichever will result in a higher classification, for purposes of
salary adjustments in accordance with the rates hereinabove provided.

vi. Section 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds.

No person shall be appointed Register of Deeds unless he has been admitted to the
practice of law in the Philippines and shall have been actually engaged in such practice
for at least three years or has been employed for a like period in any branch of
government the functions of which include the registration of property.

The Deputy Register of Deeds shall be a member of the Philippine Bar. Provided,
however, that no Register of Deeds or Deputy Register of Deeds holding office as such
upon the passage of this Decree shall by reason hereof, be removed from office or be
demoted to a lower category or scale of salary except for cause and upon compliance
with due process as provided for by law.

vii. Section 10. General functions of Registers of Deeds.

The office of the Register of Deeds constitutes a public repository of records of

instruments affecting registered or unregistered lands and chattel mortgages in the
province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an instrument

presented for registration dealing with real or personal property which complies with all
the requisites for registration. He shall see to it that said instrument bears the proper
documentary and science stamps and that the same are properly canceled. If the
instrument is not registerable, he shall forthwith deny registration thereof and inform
the presentor of such denial in writing, stating the ground or reason therefor, and
advising him of his right to appeal by consultation in accordance with Section 117 of
this Decree.•

NOTES SECTIONS 8, 9, & 10 of PRD:

1) Office of the Register of Deed:

a. There shall be at least one Register of Deeds for each province and one for
each city.

b. The Secretary of Justice shall define the official station and territorial
jurisdiction of each Registry upon the recommendation of the LRA Administrator.

c. Registers of Deeds shall be appointed by the President upon recommendation

of the Secretary of Justice.

29
 d. Deputy Registers of Deeds and all other subordinate personnel of the
Registries of Deeds shall be appointed by the Secretary of Justice upon the
recommendation of the LRA Administrator.

e. Both the Register of Deeds and Deputy Register of Deeds must be members
of the Bar.

2) Duty of Register of Deeds to register, ministerial.

a. Register of Deeds perform both functions of an administrative

character and functions which are at least of a quasi-judicial nature.

b. However, the function of a Register of Deeds with reference to the registration

of deeds, encumbrances, instruments and the like is ministerial in nature.

c. Registration is a mere ministerial act by which a deed, contract or instrument

is sought to be inscribed in the records of the office of the Register of Deeds and
annotated at the back of the certificate of the title covering the land subject of the
deed, contract or instrument. Whether the document is invalid, frivolous or
intended to harass, is not the duty of a Register of Deeds to decide, but is for a
court of competent jurisdiction to determine.

3) Instances where Register of Deeds may deny registration:

a. Where there are several copies of the title (co-owner’s duplicate) but only one
is presented with the instrument to be registered.

b. Where the property is presumed to be conjugal but the instrument of

conveyance bears the signature of only one spouse.

c. Where there is a pending case in court where the character of the land and
validity of the conveyance are in issue.

d. Where required certificates or documents are not submitted.

The refusal by the Register of Deeds to register an instrument affecting

registered land by reason of non-compliance with certain requirements does not
bar registration if thereafter the defects are cured.

4) Doubtful questions shall be submitted to LRA Administrator for resolution:

a. A Register of Deeds is precluded from exercising his personal judgment and

discretion when confronted with the problem of whether to register a deed or
instrument on the ground that it is invalid.

30
 b. When the Register of Deeds is in doubt with regard to the proper step to be
taken or memorandum to be made in pursuance of any deed, mortgage or other
instrument presented to him for registration, or where any party in interest does
not agree with the action taken by him with reference to any such deed or
instrument, he shall certify the question to the LRA Administrator who shall, after
notice and hearing, enter an order prescribing the step to be taken on the
doubtful question.

c. But mandamus does not lie to compel the Register of Deeds to make
registration.

d. The administrative remedy must be resorted to by the interested party before

he can have recourse to the courts.

5) The act of registration does not validate an otherwise void contract. While
registration operates as a notice of the deed, contract, or instrument to others, it does
not add to its validity nor converts an invalid instrument into a valid one as between the
parties, not amounts to a declaration that the instrument recognizes a valid and
subsisting interest in the land.

6) Notice to the Register of Deeds or adverse party.

a) When a writ of preliminary injunction in a cadastral proceeding is dissolved,

the obstacle to the registration of a deed of sale is removed, but it is no authority
for the court to issue an order for registration of said deed without notice to the
Register of Deeds or to the adverse party, where the dismissal of the cadastral
case is not yet final.

b) It is one thing for the Register of Deeds, in the exercise of his ministerial
duties under the law, to register an instrument which in his opinion is registrable,
and quite another thing for the court itself to order the registration. The former
does not contemplate notice to and hearing of interested parties such as are
required in a judicial proceeding nor carries with it the solemnity and legal
consequences of a court judgment.

viii. Section 11. Discharge of duties of Register of Deeds in case of vacancy, etc.

1. Until a regular Register of Deeds shall have been appointed for a province or city,
or in case of vacancy in the office, or upon the occasion of the absence, illness,
suspension, or inability of the Register of Deeds to discharge his duties, said duties
shall be performed by the following officials, in the order in which they are mentioned

31
below, unless the Secretary of Justice designates another official to act temporarily in
his place:

a) For the province or city where there is a Deputy Register of Deeds, by said
Deputy Register of Deeds, or by the second Deputy Register of Deeds, should
there be one;

b) For the province or city where there is no Deputy or second Deputy Register
of Deeds, by the Provincial or City Fiscal, or any Assistant Fiscal designated by
the Provincial or City Fiscal;

2. In case of absence, disability or suspension of the Register of Deeds without pay, or

in case of vacancy in the position, the Secretary of Justice may, in his discretion,
authorize the payment of an additional compensation to the official acting as Register
of Deeds, such additional compensation together with his actual salary not to exceed
the salary authorized for the position thus filled by him.

3. In case of a newly-created province or city and pending establishment of a Registry

of Deeds and the appointment of a regular Register of Deeds for the new province or
city, the Register of Deeds of the mother province or city shall be the ex-
officio Register of Deeds for said new province or city.

ix. Section 12. Owner's Index; reports.

There shall be prepared in every Registry an index system which shall contain the
names of all registered owners alphabetically arranged. For this purpose, an index
card which shall be prepared in the name of each registered owner which shall contain
a list of all lands registered in his name.

The Register of Deeds shall submit to the Land Registration Commission within ten
days after the month to which they pertain his monthly reports on collections and
accomplishments. He shall also submit to the Commission at the end of December of
each year, an annual inventory of all titles and instruments in his Registry.

x. Section 13. Chief Geodetic Engineer.

There shall be a Chief Geodetic Engineer in the Land Registration Commission who
shall be the technical adviser of the Commission on all matters involving surveys and
shall be responsible to him for all plats, plans and works requiring the services of a

32
geodetic engineer in said office. He shall perform such other functions as may, from
time to time, be assigned to him by the Commissioner.

NOTES SECTION 13 of PRD:

1) A survey plan serves to establish the true identity of the land to ensure that it
does not overlap a parcel of land or a portion thereof already covered by a
previous land registration, and to forestall the possibility that it will be overlapped
by a subsequent registration of any adjoining land.

2) Only the Lands Management Bureau has authority to approve original survey
plans for registration purposes. There was a need to centralize in one agency,
the function of verifying and approving original survey plans for all purposes in
order to assure compliance with established standards and minimize
irregularities in the execution of land surveys.

III.CHAPTER 3 - ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS

A. Who may apply

Registration under the Property Registration Decree i. Section 14. Who may apply.

The following persons may file in the proper Court of First Instance an application for
registration of title to land, whether personally or through their duly authorized
representatives:

1.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 ownership since June
12, 1945, or earlier.

NOTES SECTION 14(1) of PRD:

1) Requisites for registration under Section 14(1)

a. That the land applied for is an agricultural public land classified as alienable
and disposable land at the time;

b. The application for registration is filed with the proper court;

33
 c. That the applicant, by himself or through his predecessors-in-interest, has
been in open, continuous, exclusive and notorious possession and occupation
thereof, under a bona fide claim of ownership; and

d. That such possession and occupation has been effected since June 12, 1945
or earlier.

2) Land must already be (a) classified as alienable and disposable land;

and (b)possessed and occupied since June 12, 1945 or earlier at the time of filing of
the application for registration.

a. It need not be classified as alienable and disposable land of public domain

since June 12, 1945. It is sufficient that the land is already declared as
alienable and disposable land at the time of the application for registration is
filed so as to entitle the possessor to registration.

3) Steps in Alienation of Public Agricultural Land:

a. It must be shown to have been reclassified as alienable and disposable• land

of the public domain;

b. It must establish the existence of a positive act of the government such as a

presidential proclamation or an executive order; an administrative action;
investigation reports of Bureau of Lands investigators; and a legislative act or a
statute. (Republic v. CA)

4) With respect to non-agricultural lands like forest lands, the rules on the confirmation
of imperfect title do not apply unless and until the land classified as forest land is
released in an official proclamation to that effect so that it may form part of the
disposable agricultural lands of the public domain.

5) Nature of possession must be:

a. Open- It must be known to all. It must not be a secret or clandestine.

b. Continuous- There must not be any interruption.

c. Exclusive- Land must be possessed by himself or by his predecessors- in-

interest to the exclusion of all others.

d. Notorious - Use or inhabitance of real property that is open and obvious to

neighbors, leading to a presumption that the owner has notice of it.

34
2. Those who have acquired ownership of private lands by prescription under the
provision of existing laws.

NOTES SECTION 14(2) of PRD:

1) Properties of public dominion cannot be acquired by prescription. No matter how

long the possession of the properties has been, there can be no prescription against
the State regarding property of public domain. Even a city or municipality cannot
acquire them by prescription as against the State. The exception is where the law itself
so provides. Thus, patrimonial property of the State may be the subject of acquisition
through prescription.

2) While as a rule, prescription does not run against the State, the exception is where
the law itself expressly provides.

3) Article 1113 of the Civil Code provides the legal foundation for the application
Section 14(2). It reads:

Art. 1113. All things which are within the commerce of men are susceptible of
prescription, unless otherwise provide. Property of the State or any of its
subdivisions not patrimonial in character shall not be the object of prescription.•

4) Under the Civil Code, it is clear that where lands of the public domain are
patrimonial and, hence, private in character, they are susceptible to acquisitive
prescription.

5) Lands of public dominion shall form part of the patrimonial property of the State
when there is a declaration by the government that these are alienable or disposable
and are no longer intended for public use or public service. Only when such lands have
become patrimonial can the prescriptive period for the acquisition of property of the
public dominion begin to run.

6) Thus, where the land is already a private land, the applicant has the right to register
the same under Section 14(2) even if the possession thereof for the required
prescriptive period commenced on a date later than June 12, 1945.

7) 2 Kinds of Prescription:

a. Ordinary Acquisitive Prescription- a person acquires ownership of a

patrimonial property through possession for at least ten (10) years, in good faith
and with just title.

b. Extraordinary acquisitive prescription - a person’s uninterrupted adverse

possession of patrimonial property for at least thirty (30) years, regardless of
35
 good faith or just title, ripens into ownership pursuant to Article 1137 of the Civil
Code.

8) In sum, for Section 14(2) of the Property Registration Decree to apply –

a) There must be an express declaration by the State that the public dominion
property is no longer intended for public service or the development of the
national wealth or that the property has been converted into patrimonial. Without
such express declaration, the property, even if classified as alienable or
disposable, remains property of the public dominion, pursuant to Article 420 (2)
of the Civil Code, and thus incapable of acquisition by prescription.

b) Such declaration shall be in the form of a law duly enacted by Congress or a

Presidential Proclamation in cases where the President is duly authorized by law.

9) Prescription Generally:

a. By prescription, one acquires ownership and other real rights through the
lapse of time in the manner and under the action lay down by law.

b. All things which are within the commerce of men are susceptible of
prescription, unless otherwise provided.

c. Property of the State or any of its subdivisions not patrimonial in character

shall not be the object of prescription.

d. For purposes of prescription, there is just title when the adverse claimant
came into possession of the property through one of the modes recognized by
law for the acquisition of ownership or other real rights, but the grantor was not
the owner or could not transmit any right.

10) Concept of possession for purposes of prescription:

a. Possession in the eyes of the law does not mean that a man has to have his
feet on every square meter of ground before it can be said that he is in
possession.

b. Actual possession of 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.

c. To consolidate prescription, the possession must be that of owner, and it must

be public, peaceful and uninterrupted.

36
 d. Acts of a possessory character done by virtue of a license or mere tolerance
on the part of the real owner are not sufficient.

11) Computation of prescription:

a. The present possessor may complete the period necessary for prescription by
tacking his possession to that of his grantor or predecessor-in-interest.

12) Prescription distinguished from laches:

a. Prescription is concerned with the fact of delay; Laches is concerned with the
effect of delay.

b. Prescription is a matter of time; Laches is principally a question of inequity of

permitting a claim to be enforced, this inequity being founded on some change in
the condition of the property or the relation of the parties.

c. Prescription is statutory; Laches is not.

d. Prescription applies at law; Laches applies in equity.

e. Prescription is based on a fixed time; Laches is not.

3. Those who have acquired ownership of private lands or abandoned river beds by
right of accession or accretion under the existing laws.

NOTES SECTION 14(3) of PRD:

1) Accession defined

a. Accession is the right of the owner of a thing, real or personal, to become the
owner of everything which is:

produced thereby, incorporated attached thereto, Either naturally or artificially.

b.Includes: fruits of, additions to, improvements upon a thing; building, planting
and sowing; alluvion, avulsion, change of course of rivers, formation of islands.

2) Ownership of abandoned river beds by right of accession:

a. Under Article 461 of the Civil Code, river beds which are abandoned through
the natural change in the course of the waters ipso facto belong to the owners
whose lands are occupied by the new course in proportion to the area lost.

37
 b. However, the owners of the lands adjoining the old bed shall have the right to
acquire the same by paying the value thereof, which value shall not exceed the
value of the area occupied by the new bed.

c.To illustrate: A and B each owns land on opposite sides of a river. The river
changed its course, passing through the land of C. Who owns the abandoned
river bed? C, to compensate him for his loss. Now, suppose that two
owners, C and D, lost portions of their lands. Who owns the river bed? C and D,
in proportion to the area lost.

d.Law speaks of change of river course. If a river simply dries up or disappears,

the bed left dry will belong to public dominion (Art 502 of the Civil Code).

3) The requisites for the application of Article 461 of the Civil Code:

a. The change must be sudden in order that the old river may be identified;

b. The changing of the course must be more or less permanent, and not
temporary over flooding of another’s land;

c. The change of the river must be a natural one, i.e., caused by natural forces
(and not by artificial means);

d. There must be definite abandonment by the government. (If the government

shortly after the change decides and actually takes steps to bring the river to its
old bed, Article 461 will not apply for, here, it cannot be said that there was
abandonment); and

e. The river must continue to exist, that is, it must not completely dry up or
disappear.

4) Ownership by right of accretion along river banks:

a. Article 457 of the Civil Code provides that to the owners of lands adjoining the
banks of rivers belong the accretion which they gradually receive from the effects
of the current of the waters.

b. In the absence of evidence that the change in the course of the river was
sudden or that it occurred through avulsion, the presumption is that the change
was gradual and caused by accretion and erosion.

5) 3 Requisites before an accretion is said to have taken place:

a. That the deposit be gradual and imperceptible;

38
 b. That it be made through the effects of the current of the water; and

c. That the land where accretion takes place is adjacent to the banks of rivers.

6) Accretions affecting lands registered under the Torrens system:

a. In case of diminution of area

Registration does not protect the riparian owner against diminution of the area of
his land through gradual changes in the course of the adjoining stream;

Accretions which the banks of rivers may gradually receive from the effect of the
current become the property of the owners of the banks.

b. In case of increase of area

Although alluvion is automatically owned by the riparian owner, it does not

automatically become registered land, just because the lot which receives such
accretion is covered by a Torrens title;

So, alluvial deposit acquired by a riparian owner of registered land by accretion

may be subjected to acquisition through prescription by a third person, by failure
of such owner to register such accretion within the prescribed period.

7) Accretion along the banks of creeks, streams and lakes:

a.Article 84 of the Spanish Law of Waters of 1866, which remains in effect,

reads:

Art. 84. Accretions deposited gradually upon lands contiguous to creeks,

streams, rivers, and lakes, by accessions or sediments from the waters thereof,
belong to the owners of such lands.―

b. From the foregoing provisions, alluvial deposits along the banks of creeks,
streams and lakes do not form part of the public domain as the alluvial property
automatically belongs to the owner of the estate to which it may have been
added.

c. The only restriction is that the owner of the adjoining property must register
the same under the Torrens system; otherwise, the alluvial property may be
subject to acquisition through prescription by third persons. (City Mayor of
Paranaque City v. Ebio)

8) Alluvion must be the exclusive work of nature:

39
 a. The requirement that the deposit should be due to the effects of the current of
the river is indispensable.

b. Alluvion must be the exclusive work of nature.

c. There must be evidence to prove that the addition to the property was made
gradually through the effects of the current of the river.

9) Reason for the law on accretion:

a . Compensate the riparian owner for the danger of loss that he suffers because
of the location of his land;

b. Compensate him for the encumbrances and various kinds of easements to

which his property is subject; and

c. Promote the interests of agriculture for the riparian owner it in the best
position to utilize the accretion.

10) Accretion does not automatically become registered land:

a. Under Article 457 of the Civil Code, the registered owner of property is
considered the lawful owner of the accretion to his property. But the accretion
does not become automatically registered land just because the lot which
receives it is covered by a Torrens title thereby making the alluvial property
imprescriptible.

b. Ownership of a piece of land is one thing, and registration under the Torrens
system of that ownership is quite another.

c. Ownership over the accretion received by the land adjoining a river is

governed by the Civil Code.

d. Imprescriptibility of registered land is provided in the registration law.

11) Where alluvial increment is not registered, it may be acquired by third persons
through prescription:

a. In order that the accretion may be protected by the rule on imprescriptibility, it

is necessary that the same be brought under the operation of the Torrens
system.

b. Where the adjoining land owner does not cause the registration of the
increment to his property, the same may be acquired by third persons.

40
12) Alluvial formation along the seashore forms part of the public domain:

a. In contrast to the rule on accretion, alluvial formation along the seashore is

part of the public domain and, therefore, not open to acquisition by adverse
possession by private persons.

b. It is outside the commerce of man, unless otherwise declared by either the

executive or legislative branch of the government.

c. All lands thrown up by the sea and formed upon the shore by the action of the
water, together with the adjacent sore, belong to the national domain and are for
public uses. The State shall grant these lands to the adjoining owners only when
they are no longer needed for the purposes mentioned therein.

4. Those who have acquired ownership of land in any other manner provided for by
law.

NOTES SECTION 14(4) of PRD:

1) Land Grant by Presidential Proclamation

a. The clear implication is that a land grant having been made by a Presidential
proclamation and by legislative act, the grantee may apply for the registration of
the land and bring it under the operation of the Torrens system.

b. Reservation for a specific public purpose by Presidential proclamation –

Lands covered by reservation are not subject to entry, and no lawful settlement
on them can be acquired.

2) Public Grant - a conveyance of public land by government to a private individual.

3) Reclamation

a. Filling of submerged land by deliberate act and reclaiming title thereto

b. Must be initially owned by government

c. May be subsequently transferred to private owners

4) Voluntary Transfer

a. Private grant

b. Voluntary execution of deed of conveyance

41
 c. Contractual relationship between the parties

d. Consensual

5) Involuntary Alienation

a. No consent from the owner of land

b. Forcible acquisition by the State

6) Descent or Devise - Hereditary succession to the estate of deceased owner.

7) Emancipation Patent / Grant(Certificate of Land Ownership Award)

a. To ameliorate the sad plight of tenant-farmers

b. Such grant is not transferable except by hereditary succession

8) Land acquisition by private corporations:

a. By way of exception, juridical persons may apply for registration of leased

agricultural and disposable lands not exceeding 1,000 hectares in area for a
period of 25 years and renewable for not more than 25 years (Section 3, Article
XII, 1987 Constitution), and except when the land has been previously acquired
by prescription by a natural person and subsequently transferred to a juridical
entity (in this case, a corporation may apply for judicial confirmation of title).

b. Purpose of the prohibition(see Chavez v. PEA)

c. Limitation to ownership of land by corporations:

i. Private Lands

1. At least 60% Filipino (Sec. 7, Article XII, 1987 Constitution);

2. Restricted as to extent reasonably necessary to enable it to carry out purpose

for which it was created; and

3. If engaged in agriculture, it is restricted to 1,024 hectares.

ii. Patrimonial property of the State (Sec. 3, Article XII, 1987 Constitution)

1. Lease (CANNOT own land of the public domain) for 25 years renewable;

2. Limited to 1,000 hectares; and

3. Apply to both Filipinos and foreign corporations.

42
9) A corporation sole is qualified to apply for registration

A. A corporation sole is a special form of corporation usually associated with the

clergy.

b. A corporation sole was designed to facilitate the exercise of the functions of

ownership carried on by the clerics for and on behalf of the church which was
regarded as the property owner.

c. A corporation sole consist of one person only, and his successors (who will
always be one at a time), in some particular station, who are incorporated by law
in order to give them some legal capacities and advantages, particularly that of
perpetuity, which in their natural persons they could not have had.

d. A corporation sole is qualified to own and register private agricultural land.

e. A corporation sole by the nature of its incorporation is vested with the right to
purchase and hold real estate and personal property.

f. Bishops or archbishops, as the case may be, as corporations sole are merely
administrators of the church properties that come to their possession, and which
they hold in trust for the church. Thus, church properties acquired by the
incumbent of a corporation sole pass, by operation of law, upon his death not to
his personal heirs but to his successor in office

Where the land is owned in common, all the co-owners shall file the application jointly.

NOTES par. 2, SECTION 14 of PRD:

1) Co-owners shall file application jointly:

a. Under Article 493 of the Civil Code, each co-owner shall have the full
ownership of his part and of the fruits and benefits pertaining thereto, and he may
therefore alienate, assign or mortgage it, and even substitute another person in
its enjoyment, except when personal rights are involved.

b. But the effect of the alienation or the mortgage, with respect to the co-
owners,shall be limited to the portion which may be allotted to him in the division
upon the termination of the co-ownership.

c. Since a co-owner cannot be considered a true owner of a specific portion until

division or partition is effected, he cannot file an application for registration for the
whole area without joining the co-owners as applicants.

43
 Where the land has been sold under pacto de retro, the vendor a retro may file
an application for the original registration of the land, provided, however, that
should the period for redemption expire during the pendency of the registration
proceedings and ownership to the property consolidated in the vendee a retro,
the latter shall be substituted for the applicant and may continue the proceedings.

NOTES par. 3, SECTION 14 of PRD:

1) Vendee a retro may file application in his name

a. A sale with pacto de retro transfers the legal title to the vendee and the
vendee is subrogated to all the rights and actions of the vendor, subject to the
latter’s right of redemption.

b. Having the legal title to the land, the vendee a retro has therefore a
registerable title thereto which may be the subject of initial registration.

c. The right to redeem the property retained by the vendor a retro should only
be noted in the decree and certificate of title that may be issued.

A trustee on behalf of his principal may apply for original registration of any land held in
trust by him, unless prohibited by the instrument creating the trust.•

NOTES par. 4, SECTION 14 of PRD:

1) Trustee may apply for registration on behalf of his principal:

a. A trustee on behalf of his principal may apply for original registration of any
land held in trust by him.

b. A person who establishes a trust is called the trustor; one in whom confidence
is reposed as regards property for the benefit of another known as the trustee;
and the person for whose benefit the trust has been created is referred to as the
beneficiary or cestui que trust.

c. Whoever claims an interest in registered land by reason of any implied or

constructive trust shall file with the Register of Deeds for registration a sworn
statement containing:

i. a description of the land;

ii. the name of the registered owner; and

iii. a reference to the number of the certificate of title.

44
 d. Such claim shall not affect the title of a purchaser for value and in good faith
before its registration.

ii. Tan v. Republic, G.R. No. 193443, April 16, 2012

Section 14. Who may apply. The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through
their authorized representatives:

1) 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
ownership since June 12, 1945, or earlier.

2) Those who have acquired ownership of private lands by prescription under

the provision of existing laws.

3) Those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion under the existing laws.

4) Those who have acquired ownership of land in any other manner provided for
by law.

In other words, for one to invoke the provisions of Section 14(2) and set up
acquisitive prescription against the State, it is primordial that the status of the
property as patrimonial be first established. Furthermore, the period of
possession preceding the classification of the property as patrimonial cannot be
considered in determining the completion of the prescriptive period.

iii. Republic v. East Silverlane Realty Development Corp., 666 SCRA 401

Accordingly, there must be an express declaration by the State that the public
dominion property is no longer intended for public service or the development of the
national wealth or that the property has been converted into patrimonial. Without such
express declaration, the property, even if classified as alienable or disposable, remains
property of the public dominion, pursuant to Article 420(2), and thus incapable of
acquisition by prescription. It is only when such alienable and disposable lands are
expressly declared by the State to be no longer intended for public service or for the
development of the national wealth that the period of acquisitive prescription can begin

45
to run. Such declaration shall be in the form of a law duly enacted by Congress or a
Presidential Proclamation in cases where the President is duly authorized by law.

iv. Republic v. Candymaker, 492 SCRA 272 (2006)

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 June 12, 1945.

v. Republic v. CA and Naguit, 448 SCRA 442 (2005)

There are three obvious requisites for the filing of an application for registration of title
under Section 14(1)- that the property in question is alienable and disposable land of
the public domain; that the applicants by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive and notorious possession and
occupation, and; that such possession is under a bona fide claim of ownership since
June 12, 1945 or earlier.

Although tax declarations and realty tax payment of property are not conclusive
evidence of ownership, nevertheless, they are good indicia of the possession in the
concept of owner for no one in his right mind would be paying taxes for a property that
is not in his actual or at least constructive possession. They constitute at least proof
that the holder has a claim of title over the property. The voluntary declaration of a
piece of property for taxation purposes manifests not only one’s sincere and honest
desire to obtain title to the property and announces his adverse claim against the State
and all other interested parties, but also the intention to contribute needed revenues to
the Government. Such an act strengthens one’s bona fide claim of acquisition of
ownership.

vi. Domingo v. Landicho, 531 SCRA 606 (2007)

Section 14 of P.D. No. 1529 provides that to be entitled of a land, the applicant must
prove that: (a) the land applied for forms part of the disposable and alienable
agricultural lands of the public domain and (b) he has 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 June 12, 1945.

All lands not otherwise appearing to be clearly within private ownership are presumed
to belong to the State, and unless it has been shown that they have been reclassified
by the State as alienable or disposable to a private person, they remain part of the

46
inalienable public domain. To prove that a land is alienable, an applicant must
conclusively establish the existence of a positive act of government, such as
presidential proclamation or an executive order, or administrative action, investigation
reports of the Bureau of Lands investigator or a legislative act or statute.

vii. Republic v. CA and Tancinco, 132 SCRA 514 (1984) Article 457 of the New Civil
Code provides:

To the owners of lands adjoining the banks of rivers belongs the accretion which they
gradually receive from the effects of the current of the waters.•

The above-quoted article requires the concurrence of three requisites before an

accretion covered by this particular provision is said to have taken place. They
are (1) that the deposit be gradual and imperceptible; (2) that it be made through the
effects of the current of the water; and (3) that the land where accretion takes place is
adjacent to the banks of rivers.

The requirement that the deposit should be due to the effect of the current of the river
is indispensable. This excludes from Art. 457 of the New Civil Code all deposits caused
by human intervention. Alluvion must be the exclusive work of nature.

The reason behind the law giving the riparian owner the right to any land or alluvion
deposited by a river is to compensate him for the danger of loss that he suffers
because of the location of his land. If estates bordering on rivers are exposed to floods
and other evils produced by the destructive force of the waters and if by virtue of lawful
provisions, said estates are subject to encumbrances and various kinds of easements,
it is proper that the risk or danger which may prejudice the owners thereof should be
compensated by the right of accretion. (Cortes v. City of Manila, 10 Phil. 567)

A riparian owner then does not acquire the additions to his land caused by special
works expressly intended or designed to bring about accretion. Indeed, private persons
cannot, by themselves, reclaim land from water bodies belonging to the public domain
without proper permission from government authorities. And even if such reclamation
had been authorized, the reclaimed land does not automatically belong to the party
reclaiming the same as they may still be subject to the terms of the authority earlier
granted.

viii. Buenaventura v. Republic, 517 SCRA 271 (2207)

In the case of Republic v. CA, it becomes crystal clear from the ruling of the Court that
even if the possession of alienable lands of the public domain commenced only after

47
June 12, 1945, application for registration of the said property is still possible by virtue
of

Section 14(2) of the Property Registration Decree which speaks of prescription.

The records, indeed, reveal that petitioners were in possession of the subject property
for more than 30 years, 32 years to be exact, reckoned from the year 1968, when the
subject property was finally declared alienable and disposable by the DENR to the time
they file an application for registration of title over the subject property on June 5, 2000.

Petitioners’ possession of the subject property since 1968 has been characterized as
open, continuous, exclusive and notorious possession and occupation in the concept
of an owner.

By this, the subject alienable and disposable public land had been effectively
converted into private property over which petitioners have acquired ownership thru
prescription to which they are entitled to have title thru registration proceedings.

ix. Heirs of Malabanan v. Republic, 587 SCRA 172 (2009)

Applicants under 14(1) of PD 1529 in relation to sec 48(b) of CA 141 acquire

ownership of, and registrable title to, such lands based on the length and quality of
their possession. It is sufficient that the land be declared alienable and disposable at
the time of the filing for the application for judicial confirmation of imperfect title and the
land need not be alienable and disposable during the entire period of possession.

Prescription

Applicants who have acquired ownership of private lands by prescription under the
provisions of the Civil Code. (Sec. 14(2), P.D. 1529) Possession has to be in the
concept of an owner, public, peaceful and uninterrupted. (Article 1118, NCC).
Ownership is acquired through uninterrupted adverse possession for thirty years,
without need of title or of good faith. (Article 1137, NCC)

Lands of the Public Domain are outside the commerce of man and consequently
cannot be acquired through prescription.

Under 14(2) of PD 1529, applicants acquire ownership of the lands through

prescription in the Civil Code. However, the applicants may only acquire patrimonial
lands of the public domain, which only become such after they have been declared
alienable and disposable and there must also be an express government manifestation
that the property is already patrimonial or no longer retained for public service or the
development of national wealth under Article 422 of the Civil Code. Only when the land

48
has become patrimonial property can the prescriptive period for the acquisition of
property of the public dominion begin to run.

NOTES:

1) Where the land is owned in common, all the co-owners shall file the application
jointly.

2) If the applicant is not a resident of the Philippines, he shall file with his application
an instrument in due form appointing an agent upon whom service shall be made.

3) Applications for judicial confirmation of imperfect through possession shall not

extend beyond December 31, 2020.

x. SECTIONS 47, 48, CA 141, as amended

Judicial Confirmation of Imperfect or Incomplete Titles

SECTION 47.

The persons specified in the next following section are hereby granted time, not to
extend beyond December 31, 1987 within which to take advantage of the benefit of this
chapter: Provided, That this extension shall apply only where the area applied for does
not exceed 144 hectares. Provided, further, That the several periods of time
designated by the President in accordance with section forty-five of this Act shall apply
also to the lands comprised in the provisions of this chapter, but this section shall not
be construed as prohibiting any of said persons from acting under this chapter at any
time prior to the period fixed by the President.

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.
49
 b) Those 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, under a bona fide claim of acquisition or
ownership, for at least thirty years immediately preceding the filing of the
application for confirmation of title 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 suitable to
agriculture, whether disposable or not, under a bona fide claim of ownership for
at least 30 years shall be entitled to the rights granted in sub-section (b) hereof.•

NOTES Judicial Confirmation of Imperfect or Incomplete Titles:

1) Governing Provision: Section 48(b), CA No. 141 (Public Land Act)

a. 2 Significant amendments have been introduce by PD No. 1073:

i.First, agricultural lands was changed to alienable and disposable lands of

the public domain•; and

ii.Second, possession must be since June 12, 1945.

b. As thus amended, Section 48 (b) and (c) of CA No. 141, as amended, reads:

Sec. 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
Regional Trial Court of the province or city where the land is located for
confirmation of their claims and the issuance of a certificate of title therefor,
under the Property Registration Decree to wit:

Xxx xxx xxx

(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 of ownership, since June 12, 1945, except when prevented by war
or force majeure. These shall be conclusively presumed to have performed all

50
 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 alienable and disposable lands of the
public domain, under a bona fide claim of ownership, since June 12, 1945, shall
be entitled to the rights granted in sub-section (b) hereof.

c. Period of possession: Historical Background

i. The significance of the date June 12, 1945 appears to have been lost to history. A
major concern raised against this date is that the country was at this time under
Japanese occupation, and for some years after, was suffering from the uncertainties
and instabilities that World War II brought. Questions were raised on how one could
possibly comply with the June 12, 1945 or earlier occupation/possession requirement
of PD 1073 when the then prevailing situation did not legally or physically permit it.
Without the benefit of congressional records, as the enactment of the law (a
Presidential Decree) was solely through the President’s lawmaking powers under a
regime that permitted it, the most logical reason or explanation for the date is the
possible impact of the interplay between the old law and the amendatory law. When
PD 1073 was enacted, the utmost concern, in all probability, was how the law would
affect the application of the old law which provided for a thirty-year possession
period. Counting 30 years backwards from the enactment of PD 1073 on January 25,
1977, PD 1073 should have provided for a January 24, 1947cut-off date, but it did
not. Instead, it provided, for unknown reasons, the date June 12, 1945.

ii. The June 12, 1945 cut-off date raised legal concerns; vested rights acquired under
the old law (CA 141, as amended by RA 1942) providing for a 30-year possession
period could not be impaired by the PD 1073 amendment.

iii. From this perspective, PD 1073 should have thus provided January 24, 1947 and
not June 12, 1945 as its cut-off date, yet the latter date is the express legal reality. The
reconciliation, as properly defined by jurisprudence, is that where an applicant has
satisfied the requirements of Section 48 (b) of CA 141, as amended by RA 1942, prior
to the effectivity of PD 1073, the applicant is entitled to perfect his or her title, even if
possession and occupation does not date back to June 12, 1945.(Concurring and
Dissenting Opinion of J. BRION, Heirs of Mario Malabanan v. Republic, 587 SCRA
172)

51
d. Section 48 (b) of the Public Land Act on judicial confirmation of imperfect or
incomplete titles has a counterpart provision in Section 14(1) of the Property
Registration Decree.

e. There are no material differences between Section 14(1) of the Property

Registration Decree and Section 48(b) of the Public Land Act, as amended.

i. True, the Public Land Act does refer to agricultural lands of the public domain,
while the Property Registration Decree uses the term ‘alienable and
disposable lands of the public domain.

ii. It must be noted though that the Constitution declares that ‘alienable lands
of the public domain shall be limited to agricultural lands.

f. RA No. 9176 extended the period to file application to December 31, 2020

“On November 13, 2002, RA No. 9176 was enacted:

i. Extending the period to file an application for judicial confirmation of imperfect

or incomplete titles to December 31, 2020;

ii. Further limiting the area applied for to 12 hectares; and

iii. Providing that all pending applications filed before the effectivity of the
amendatory Act shall be treated as having been filed in accordance with the
provisions thereof.

iv. The extension of the period fixed by law for the filing of the application for
registration is not jurisdictional but is more of a time limitation.

2)Registration proceeding presupposes that the land is a public agricultural land

a. Public Land Act, as amended, is a special law specifically applying to

agricultural lands of the public domain.

b. As a rule, no title or right to, or equity in, any lands of the public domain may
be acquired by prescription or by adverse possession or occupancy except as
expressly provided by law.

c. Registration under Section 48(b) of the PLA (No. 141) presumes that the land
was originally public agricultural land but because of adverse possession since
June 12, 1945,the land has become private.

d. To entitle him to registration under Section 48(b) of the PLA, the applicant
must prove that:

52
 i. The land is alienable public land; and

ii. His possession and occupation has been open, continuous, exclusive,
notorious and in the concept of owner;

iii. Since June 12, 1945.

e. Title is void where land is inalienable and may be cancelled even in the hands
of an innocent purchaser for value:

i. A certificate of title is void when it covers property of public domain

classified as forest or timber and mineral lands.

ii. Any title issued on non-disposable lots even in the hands of an alleged
innocent purchaser for value, shall be cancelled.

3) Requisites for availment of Chapter VIII only when the following conditions are met
that the possessor of the land may acquire, by operation of law, a right to a grant, a
government grant, without the necessity of a certificate of title being issued:•

a. That the land forms part of the disposable and alienable agricultural lands of
the public domain; and

b. That he has been in open, continuous, exclusive and notorious possession

thereof, under a bona fide claim of ownership, since June 12, 1945.

4) Land must be A and D land at the time the application for confirmation is filed:

a. Section 48(b) of the PLA (Judicial Confirmation of Imperfect or Incomplete

Title) applies exclusively to alienable and disposable agricultural lands of the
public domain.

i. Forest or timber lands, mineral lands and lands within national parks are
excluded

b. The right to file the application for registration derives from a bona fide claim of
ownership going back to June 12, 1945 or earlier, by reason of the claimant’s
open, continuous, exclusive and notorious possession of alienable and
disposable lands of the public domain.

c. Section 48(b) of the PLA does not require that the land applied for should
have been alienable and disposable during the entire period of possession. It is
sufficient that the land is already classified as alienable and disposable portion of
the public domain at the time the application is filed.

53
5) Rule different where land is not registrable as when it forms part of the public forest:

a. A different rule obtains for lands which are incapable of registration as when
they belong to the category of forest or timber, mineral lands, and national parks.

b. The reason for this is that, under Section 2, Article XII of the Constitution, only
agricultural lands may be the subject of alienation.

6) Only A and D(alienable & disposable) lands may be the subject of confirmation of
title:

a. There can be no imperfect title to be confirmed over lands not yet classified as
disposable or alienable.

b. In the absence of such classification, the land remains unclassified public land
until released therefrom and open to disposition.

c. Indeed, it has been held that the rules on the confirmation of imperfect title do
not apply unless and until the land classified as, say, forest land is released in an
official proclamation to that effect so that it may form part of the disposable
agricultural lands of the public domain.

7) Where applicant has acquired a right to a government grant, application is a mere

formality:

a. When the conditions specified in Section 48(b) of the PLA are complied with,
the possessor is deemed to have acquired, by operation of law, a right to a grant,
without the necessity of a certificate of title being issued.

b. The application for confirmation is a mere formality, the lack of which does not
affect the legal sufficiency of the tile as would be evidenced by the patent and the
Torrens title to be issued upon the strength of said patent.

c. For all legal intents and purposes, the land is segregated from the public
domain, because the beneficiary is 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.•

8) Compliance with all requirements for a government grant ipso jure converts land to
private property:

54
 a. Where all the requirements for a government grant are complied
with, i.e.,possession in the manner and for the period required by law, the land
ipso jure ceases to be public land and becomes private property.

9) Application must conform to the requirements of the Property Registration Decree:

a. Section 50 of the PLA requires that every person claiming any lands or
interest in lands under Chapter VIII must in every case present an application to
the RTC, praying that the validity of the alleged title or claim be inquired into and
that a certificate of title be issued to him under the provisions of PD No. 1529.

b. The application shall conform as nearly as may be in its material allegations to

the requirements of an application for registration under Section 15 of the
Decree.

10)Hearing:

a. Applications for registration shall be heard in the RTC or, in proper cases, in a
First Level Court, in the same manner and shall be subject to the same
procedure as established in the Property Registration Decree.

b. Notice of all such applications, together with a plan of the lands claimed, shall
be immediately forwarded to the Director of Lands, who may appear as a party in
such cases.

c . Prior to the publication for hearing, all of the papers in said case shall be
transmitted by the clerk to the Solicitor General or officer acting in his stead, in
order that he may, if he deems it advisable for the interests of the government,
investigate all of the facts alleged in the application or otherwise brought to his
attention.

i. The burden is on applicant to prove his positive averments and not

for the government or the private oppositors to establish a negative
proposition insofar as the applicants’ specific lots are concerned.

ii. He must submit convincing proof of his and his predecessor-in-

interest’s actual, peaceful and adverse possession in the concept of owner
of the lots during the period required by law.

11) Order for the issuance of a decree:

a. Whenever any judgment of confirmation or other decree of the court under

Chapter VIII of the PLA shall become final, the clerk of court shall certify that fact

55
 to the Director of Lands, with a certified copy of the decree of confirmation or
judgment of the court and the plan and technical description of the land.

b. The final decree of the court shall in every case be the basis for the original
certificate of title in favor of the persons entitled to the property under the
procedure prescribed in the Property Registration Decree.

12) Land declared public land in a previous registration case may be the subject of
judicial confirmation:

a. In Zara v. Director of Lands, a parcel of land which had been declared public
land in a previous registration proceeding was again the subject of application by
persons claiming an imperfect title thereto on the basis of their continuous and
adverse possession for more than thirty years. The trial court dismissed the
application on the ground of res judicata. However, the Supreme Court reversed
the order of dismissal, holding, that by reason of the claimant’s possession for
thirty years he is conclusively presumed to have performed all the conditions
essential to a Government grant.

b. Note, however, that in Diaz v. Republic, the Court ruled that in registration
cases filed under the provisions of the PLA for the judicial confirmation of an
incomplete and imperfect title, an order dismissing an application for registration
and declaring the land as part of the public domain constitutes res judicata, not
only against the adverse claimant, but also against all persons.

xi. Republic v. Muñoz, 536 SCRA 108 (2007)

Commonwealth Act No. 141, also known as the Public Land Act, remains to this day
the existing general law governing the classification and disposition of lands of the
public domain, other than timber and mineral lands. Section 6 of CA No. 141
empowers the President to classify lands of the public domain into alienable and
disposable• lands of the public domain, which prior to such classification are
inalienable and outside the commerce of man. Section 7 of CA No. 141 authorizes the
President to declare what lands are open to disposition or concession.• Section 8 of
CA No. 141 states that the government can declare open for disposition or concession
only lands that are officially delimited and classified.•

To prove that the land subject of an application for registration is alienable, the
applicant must establish the existence of a positive act of the government such as a
presidential proclamation or an executive order; an administrative action; investigation
reports of Bureau of Lands investigators; and a legislative act or a statute. The

56
applicant may also secure a certification from the Government that the land applied for
is alienable and disposable.

xii. Republic v. Herbieto, 459 SCRA 183 (2005)

In Relation to the Public Land Act Under CA 141

The CA overlooked the difference between the Property Registration Decree and the
Public Land Act. Under the PRD, there already exists a title which is confirmed by the
Court; while under the PLA, the presumption always is that the land applied for
pertains to the State, and that the occupants and possessors only a claim an interest in
the same by virtue of their imperfect title or continuous, open and notorious possession
[since June 12, 1945 or earlier].

Since the subject lands are alienable and disposable lands of the public domain, the
applicants may acquire title thereto only under the PLA.

Applicants could not acquire land through adverse possession since the land was only
classified as alienable in 1963 AND their possession only started in 1950.

(Note: Substantial requirements for public lands are in the PLA but the procedural
requirements are in the PRD.)

Civil Code provisions on prescription, which is subject to confirmation under the PRD,
in general applies to all types of land. However, excluded therefrom are lands of the
public domain which are covered by the PLA [special law v. general law]

xiii. Republic v. Manna Properties, 450 SCRA 247 (2005)

A party to an action has no control over the Administrator or the Clerk of Court acting
as a land court; he has no right to meddle unduly with the business of such official in
the performance of his duties. A party cannot intervene in matters within the exclusive
power of the trial court. No fault is attributable to such party if the trial court errs on
matters within its sole power. It is unfair to punish an applicant for an act or omission
over which the applicant has neither responsibility nor control, especially if the
applicant has complied with all the requirements of the law.

NB: Land registration; when periods are merely directory; applicants not bound by
mistakes of courts.

xiv. Republic v. San Lorenzo, 513 SCRA 294 (2007)

57
The reckoning date under the Public Land Act for the acquisition of ownership of public
lands is June 12, 1945 or earlier, and that evidence of possession from that date or
earlier is essential for a grant of an application for judicial confirmation of imperfect title.

The law requires that the possession of lands of the public domain must be from at
least June 12, 1945 for the same to be acquired through judicial confirmation of
imperfect title.

A mere showing of possession for thirty years or more is not sufficient. It must be
shown too, that possession and occupation had started on June 12, 1945 or earlier.

xv. Republic v. Alconaba, 427 SCRA 611 (2004)

Applicants for confirmation of imperfect title must, 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.

Section 48(b) of C.A. No. 141, as amended provides that persons may file in the
proper Court of First Instance [now Regional Trial Court] an application for registration
of title to land 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
ownership since June 12, 1945, or earlier.

The law speaks of possession and occupation. Since these words are separated by
the conjunction and, the clear intention of the law is not to make one synonymous with
the other. Possession is broader than occupation because it includes constructive
possession. When, therefore, the law adds the word occupation, it seeks to delimit
the all-encompassing effect of constructive possession. Taken together with the words
open, continuous, exclusive and notorious, the word occupation serves to highlight the
fact that for an applicant to qualify, his possession must not be a mere fiction.22 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.

xvi. Director of Lands v. Daño, 96 SCRA 161 (1980)

Section 47 of Commonwealth Act No. 141, as amended by republic Act No. 2061,
approved on June 13,1958, provides:

58
SEC. 47. The persons specified in the next following section are hereby granted time
not to extend beyond December thirty-one, nineteen hundred and sixty-eight within
which to take advantage of the benefit of this chapter: Provided, That the several
periods of time designated by the President in accordance with section forty-five of this
Act shall apply also to the lands comprised in the provisions of this chapter, but this
section shall not be construed as prohibiting an of said persons from acting under this
chapter at any time prior to the period fixed by the President.

The "next following section" referred to is section 48 of Commonwealth Act No. 141, as
amended by Republic Act No. 1942, which reads as follows:

Sec. 48. The following described citizens of the Philippines, occupying lands of the
public domain or claiming to own any such land or an interest therein, But those 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:

xxxxxx xxx

(b)Those 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, under a bona fide claim of acquisitionof ownership, for at
least thirty (30) years immediately preceding the filing of the application for
confirmation of title except when prevented by was or force majeure, there 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.

The Court agrees with respondent Court that the period fixed by Section 47 of the
Public Land Act CA 141), as amended, is not jurisdictional but is more of a time
limitation. As such, it is a defense or objection which should have been set up either in
a Motion to Dismiss or in an Answer. Inasmuch as petitioner had never pleaded the
statute of limitations, he is deemed to have waived the same.

The rule is that where the defendants never pleaded the statute of limitations that are
deemed to have waived it and it is error for the lower court to dismiss the proceeding
on that ground.

xvii. Director v. Buyco, 216 SCRA 78 (1992)

As to the matter to be proved, the applicant must present evidence of an imperfect title
such as those derived from the old Spanish grants. He may also show that he has
been in continuous, open and notorious possession and occupation of agricultural

59
lands of the public domain under a bona fide claim of acquisition of ownership and for
the period prescribed under Section 48(b) of the Public Land Act. Simply put, a person
who seeks the registration of title to a piece of land on the basis of possession by
himself and his predecessors-in-interest must prove his claim by clear and convincing
evidence; he should not rely on the weakness of the evidence of the oppositors.

As defined, immemorial simply means beyond the reach of memory, beyond human
memory, or time out of mind. When referring to possession, specifically "immemorial
possession," it means possession of which no man living has seen the beginning and
the existence of which he has learned from his elders. Such possession was never
present in the case of the private respondents.

Also, the Court has repeatedly held that the declaration of ownership for purposes of
assessment on the payment of the tax is not sufficient to prove ownership.

Considering that the private respondents became American citizens before such filing,
it goes without saying that they had acquired no vested right, consisting of an imperfect
title over to property before they lost their Philippine citizenship.

xviii. Republic v. CA, 148 SCRA 480 (1987)

A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and
beyond the power and jurisdiction of the cadastral court to register under the Torrens
System. Moreover, it is well-settled that a certificate of title is void, when it covers
property of public domain classified as forest or timber and mineral lands. Any title
issued on non- disposable lots even in the hands of an alleged innocent purchaser for
value, shall be cancelled. Note that in granting titles to the land in dispute, the lower
court counted the period of possession of private respondents before the same were
released as forest lands for disposition, which release is tantamount to qualifying the
latter to a grant on said lands while they were still non-disposable.

Thus, under the foregoing rulings, even assuming that the transferees are innocent
purchasers for value, their titles to said lands derived from the titles of private
respondents which were not validly issued as they cover lands still a part of the public
domain, may be cancelled.

xix. SECTION 12, RA 8371

Registration Under The Indigenous Peoples Rights Act

Section 12. Option to Secure Certificate of Title under Commonwealth Act 141, as
amended, or the Land Registration Act 496.

60
Individual members of cultural communities, with respect to individually-
owned ancestral lands who, by themselves or through their predecessors-in -
interest, have been in continuous possession and occupation of the same in the
concept of owner since the immemorial or for a period of not less than thirty (30) years
immediately preceding the approval of this Act and uncontested by the members of the
same ICCs/IPs shall have the option to secure title to their ancestral lands under the
provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in
character and actually used for agricultural, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.

The option granted under this Section shall be exercised within twenty (20) years from
the approval of this Act.

NOTES REGISTRATION UNDER IPRA:

1) Indigenous Peoples Rights Act:

a. Constitutional Provisions 1987 Constitution:

i. Section 2, Article II

The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

ii. Section 5, Article XII

The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities
to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary law governing
property rights or relations in determining the ownership and extent of ancestral
domain.

iii. Section 6, Article XIII

The State shall establish a special agency for disabled persons for their
rehabilitation, self-development and self-reliance, and their integration into the
mainstream of society.

iv. Section 17, Article XIV

61
The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies.

v. The foregoing provisions are the cornerstone of the IPRA which was enacted to
recognize and promote all the rights of the indigenous cultural communities in the
country.

b. Constitutionality of IPRA

i. As the votes were equally divided (7 to 7) and the necessary majority was not
obtained, the case was redeliberated upon. However, after redeliberation, the
voting remained the same. Accordingly, pursuant to Rule 56, Section 7 of the
Rules of Court, the petition was dismissed, and the questioned law was deemed
upheld as valid. (Cruz v. Secretary, 347 SCRA 128)

ii. In his separate opinion, Justice Puno said that the IPRA is a novel piece of
legislation. It grants the ICCs/IPs a distinct kind of ownership over ancestral
domains and ancestral lands. He noted that land titles do not exist in the
indigenous peoples’ economic and social system. The concept of individual land
ownership under the civil law is alien to them. The IPRA categorically declares
ancestral lands and domains held by native title as never to have been public
land. Domains and lands held under native title are, therefore, indisputably
presumed to have never been public lands and are private.(Cruz v. Secretary,
347 SCRA 128)

2) Definition of Terms:

a. Indigenous Cultural Communities/Indigenous Peoples – It refers to a group

of people or homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on communally
bounded and defined territory, and who have, under claims of ownership since
time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural
traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos.

b. Ancestral Domains – It refers to all areas generally belonging to ICCs/IPs

comprising lands, inland waters, coastal areas, and natural resources therein,
held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time
62
 immemorial, continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by government
and private individuals/corporations, and which are necessary to ensure their
economic, social and cultural welfare. It shall include ancestral lands, forests,
pasture, residential, agricultural, and other lands individually owned whether
alienable and disposable or otherwise, hunting grounds, burial grounds, worship
areas, bodies of water, mineral and other natural resources.

c. Ancestral Lands – It refers to land occupied, possessed and utilized by

individuals, families and clans who are members of the ICCs/IPs since time
immemorial, by themselves or through their predecessors-in-interest, under
claims of individual or traditional group ownership, continuously, to the present
except when interrupted by war, force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects and other voluntary
dealings entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies, private
forests, swidden farms and tree lots.

d. Native Title – It refers to pre-conquest rights to lands and domains which, as
far back as memory reaches, have been held under a claim of private ownership
by ICCs/IPs, have never been public lands and are thus indisputably presumed
to have been held that way since before the Spanish Conquest.

e. Time Immemorial – It refers to a period of time when as far back as memory
can go, certain ICCs/IPs are known to have occupied, possessed in the concept
of owner, and utilized a defined territory devolved to them, by operation of
customary law or inherited from their ancestors, in accordance with their customs
and traditions.

3) Indigenous Concept of Ownership:

a. The IPRA recognizes the existence of the indigenous cultural communities or

indigenous peoples (ICCs/IPs) as a distinct sector in Philippine society. It grants
these people the ownership and possession of their ancestral domains and
ancestral lands, and defines the extent of these lands and domains.

b. The ownership given is the indigenous concept of ownership under customary

law which traces its origin to native title.

c. Ancestral lands/domains include such concepts of territories which cover not

only the physical environment but the total environment including the spiritual
63
 and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and
to which they have claims of ownership.

d. Ancestral lands and ancestral domains are not deemed part of the lands of
the public domain but are private lands belonging to indigenous cultural
communities or indigenous peoples (ICCs/IPs) who have actually occupied,
possessed and utilized their territories under claim of ownership since time
immemorial.

4) The IPRA connotes group or communal ownership:

a. By virtue of the communal character of ownership, the property held in

common is meant to benefit the whole indigenous community and not merely the
individual member.

b. This concept maintains the view that ancestral domains are the ICCs/IPs
private but community property. It is private simply because it is not part of the
public domain. But its private character ends there.

c. The ancestral domain is owned in common by the ICCs/IPs and not by one
particular person.

d. The domain cannot be transferred, sold or conveyed to other persons by any

one person and belongs to the ICCs/IPs as a community.

5) Ownership over the natural resources belong to the State:

a. While ancestral domains and ancestral lands are considered private in

character, it does not necessarily mean that natural resources found therein
belong to the ICCs/IPs as private property.

b. Justice Kapunan, in Cruz v. Secretary of Environment and Natural Resources,

opines that the mere fact that Section 3(a) defines ancestral domains to include
the natural resources found therein does not ipso facto convert the character of
such natural resources as private property of the indigenous people.

c. Justice Puno states that the ICCs/IPs rights over the natural resources the
form of management or stewardship.

d. ICCs/IPs have priority rights in the exploitation of natural resources within

ancestral domains:

i. ICCs/IPs have priority rights in the harvesting, extraction, development or

exploitation of any natural resources within ancestral domains.

64
 ii. A non-member of the ICCs/IPs may be allowed to take part in the
development and utilization of the natural resources for a period not
exceeding 25 years renewable for not more than 25 years.

iii. It is important, however, that a formal written agreement is entered into

with the ICCs/IPs concerned, or that the community, pursuant to its own
decision making process, has agreed to allow such operation.

iv. Meanwhile, the NCCIP (National Commission on Indigenous Peoples)

may exercise visitorial powers and take appropriate action to safeguard the
rights of the ICCs/IPs under the same contract.

e . ICCs/IPs do not lose possession over area covered by a TLA (Timber

License Agreement):

i. Ancestral domains remain as such even when possession or occupation

of the area has been interrupted by causes provided under the law such as
voluntary dealings entered into by the government and private
individuals/corporation.

6) Delineation and recognition of ancestral domains:

a. Under RA No. 8371, self-delineation is the guiding principle in the identification

and delineation of ancestral domains. The sworn statement of the elders as to
the scope of the territories and agreements/pacts made with neighboring
ICCs/IPs, if any, will be essential to the determination of these traditional
territories. The government shall take the necessary steps to identify lands which
the ICCs/IPs concerned traditionally occupy and guarantee effective protection of
their rights of ownership and possession thereto.

b. Procedures:

i. Ancestral Domains Delineated Prior to this Act - The provisions

hereunder shall not apply to ancestral domains/lands already delineated
according to DENR Administrative Order No. 2, series of 1993, nor to
ancestral lands and domains delineated under any other
community/ancestral domain program prior to the enactment of his law.

ii. Petition for Delineation - The process of delineating a specific perimeter

may be initiated by the NCIP with the consent of the ICC/IP concerned, or
through a Petition for Delineation filed with the NCIP, by a majority of the
members of the ICCs/IPs;

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 iii. Delineation Paper - The official delineation of ancestral domain
boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of the
application by the ICCs/IPs concerned;

iv. Proof required - Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other documents directly
or indirectly attesting to the possession or occupation of the area since time
immemorial by such ICCs/IPs in the concept of owners which shall be any
one (1) of the following authentic documents:

1) Written accounts of the ICCs/IPs customs and traditions;

2) Written accounts of the ICCs/IPs political structure and institution;

3) Pictures showing long term occupation such as those of old

improvements, burial grounds, sacred places and old villages;

4) Historical accounts, including pacts and agreements concerning

boundaries entered into by the ICCs/IPs concerned with other
ICCs/IPs;

5) Survey plans and sketch maps;

6) Anthropological data;

7) Genealogical surveys;

8) Pictures and descriptive histories of traditional communal forests

and hunting grounds;

9) Pictures and descriptive histories of traditional landmarks such as

mountains, rivers, creeks, ridges, hills, terraces and the like; and

10) Write-ups of names and places derived from the native dialect of
the community.

v. Preparation of Maps - On the basis of such investigation and the findings of fact
based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter
map, complete with technical descriptions, and a description of the natural features
and landmarks embraced therein;

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vi. Report of Investigation and Other Documents - A complete copy of the preliminary
census and a report of investigation, shall be prepared by the Ancestral Domains
Office of the NCIP;

vii. Notice and Publication - A copy of each document, including a translation in the
native language of the ICCs/IPs concerned shall be posted in a prominent place
therein for at least fifteen (15) days. A copy of the document shall also be posted at the
local, provincial and regional offices of the NCIP, and shall be published in a
newspaper of general circulation once a week for two (2) consecutive weeks to allow
other claimants to file opposition thereto within fifteen (15) days from the date of such
publication: Provided, That in areas where no such newspaper exists, broadcasting in
a radio station will be a valid substitute: Provided, further, That mere posting shall be
deemed sufficient if both newspaper and radio station are not available;

viii. Endorsement to NCIP - Within fifteen (15) days from publication, and of the
inspection process, the Ancestral Domains Office shall prepare a report to the NCIP
endorsing a favorable action upon a claim that is deemed to have sufficient proof.
However, if the proof is deemed insufficient, the Ancestral Domains Office shall require
thesubmission of additional evidence: Provided, That the Ancestral

Domains Office shall reject any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of rejection, the Ancestral
Domains Office shall give the applicant due notice, copy furnished all concerned,
containing the grounds for denial. The denial shall be appealable to the NCIP:
Provided, furthermore, That in cases where there are conflicting claims, the Ancestral
Domains Office shall cause the contending parties to meet and assist them in coming
up with a preliminary resolution of the conflict, without prejudice to its full adjudication
according to the selection below.

ix. Turnover of Areas Within Ancestral Domains Managed by Other Government

Agencies - The Chairperson of the NCIP shall certify that the area covered is an
ancestral domain. The secretaries of the DAR, DENR, DILG, and DOJ, the
Commissioner of NDC, and any other government agency claiming jurisdiction over the
area shall be notified thereof. Such notification shall terminate any legal basis for the
jurisdiction previously claimed;

x. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially

delineated and determined by the NCIP shall be issued a CADT in the name of the
community concerned, containing a list of all those identified in the census; and

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xi. Registration of CADTs - The NCIP shall register issued certificates of ancestral
domain titles and certificates of ancestral lands titles before the Register of Deeds in
the place where the property is situated.

c. The NCIP is the agency authorized to issue a certification precondition in favor of

any entity which desires to undertake operations within the ancestral domains of the
indigenous peoples or whose proposed projects will affect the ancestral domains.

d. The law does not grant the executive department the power to delineate and
recognize an ancestral domain claim by mere agreement or compromise.

7) Identification, delineation and certification of ancestral lands:

a. The allocation of lands within any ancestral domain to individual or indigenous

corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to
decide in accordance with customs and traditions;

b. Individual and indigenous corporate claimants of ancestral lands which are

not within ancestral domains may have their claims officially established byfiling
applications for the identification and delineation of their claims with the Ancestral
Domains Office. An individual or recognized head of a family or clan may file
such application in his behalf or in behalf of his family or clan, respectively;

c. Proofs of such claims shall accompany the application form which shall
include the testimony under oath of elders of the community and other
documents directly or indirectly attesting to the possession or occupation of the
areas since time immemorial by the individual or corporate claimants in the
concept of owners which shall be any of the authentic documents enumerated
under Sec. 52 (d) of this act, including tax declarations and proofs of payment of
taxes;

d. The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, Sworn Statements and the like, which in its
opinion, may shed light on the veracity of the contents of the application/claim;

e. Upon receipt of the applications for delineation and recognition of ancestral

land claims, the Ancestral Domains Office shall cause the publication of the
application and a copy of each document submitted including a translation in the
native language of the ICCs/IPs concerned in a prominent place therein for at
least fifteen (15) days. A copy of the document shall also be posted at the local,
provincial, and regional offices of the NCIP and shall be published in a
newspaper of general circulation once a week for two (2) consecutive weeks to

68
 allow other claimants to file opposition thereto within fifteen (15) days from the
date of such publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitute: Provided, further,
That mere posting shall be deemed sufficient if both newspapers and radio
station are not available

f. Fifteen (15) days after such publication, the Ancestral Domains Office shall
investigate and inspect each application, and if found to be meritorious, shall
cause a parcellary survey of the area being claimed. The Ancestral Domains
office shall reject any claim that is deemed patently false or fraudulent after
inspection and verification. In case of rejection, the Ancestral Domains office
shallgive the applicant due notice, copy furnished all concerned, containing the
grounds for denial. The denial shall be appealable to the NCIP. In case of
conflicting claims among individual or indigenous corporate claimants, the
Ancestral domains Office shall cause the contending parties to meet and assist
them in coming up with a preliminary resolution of the conflict, without prejudice
to its full adjudication according to Sec. 62 of this Act; and

g. The Ancestral Domains Office shall prepare and submit a report on each and
every application surveyed and delineated to the NCIP, which shall, in turn,
evaluate or corporate (family or clan) claimant over ancestral lands.

8) Registration of CADTs and CALTs:

a. The NCIP, through the ADO, shall register all CADTs and CALTs with the
Register of Deeds of the place where the properties are located.

b. The recordings of the CADT and CALT does not result in the issuance of a

Torrens certificate of title, like a Torrens title issued through regular registration
proceedings.

c. The purpose of registration is simply to apprise the public of the fact of

recognition by the NCIP of specific claims to portions of ancestral domains or
ancestral lands.

d. It is to be noted that no part of the ancestral domains may be the subject of

alienation or disposition because these are communally owned although private
in nature.

e. On the other hand, ancestral lands may be the subject of registration under
the Public Land Act or Property Registration Decree.

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 f. In the event any part of the ancestral land is the subject of a subsequent
“dealing,― like sale, mortgage, or lease, the instrument embodying the
transaction, together with the owner’s duplicate certificate shall be presented
to the Register of Deeds for him to annotate the encumbrance created by the
instrument on said title or to issue a new title to the person to whom the land has
been conveyed.

9) Modes of Acquisition:

a. 2 Modes of Acquisition:

i. By Native Title over both ancestral lands and domains:

1.Native title refers to pre-conquest rights to lands and domains

which, as far back as memory reaches, have been held under a claim
of ownership by indigenous cultural communities. Native title
presumes that the land is private and was never public.

ii. By Torrens Title under the Public Land Act (CA No. 141, as amended) or
the Property Registration Decree (PD No. 1529) with respect to ancestral
lands only:

1. A Torrens certificate of title accumulates in one document a precise and

correct statement of the exact status of the fee simple title which an owner
possesses. The certificate, once issued, is the evidence of the title which
the owner has. What appears on the title is controlling on questions of
ownership since the certificate of title is an absolute and indefeasible
evidence of ownership of the property in favor of the person whose name
appears therein.

b. The IPRA converts ancestral land as public agricultural land for registration
purposes:

i. There is no need to secure a separate certification that the ancestral land

is A and D in character, it being sufficient to show that the land is duly
identified, delineated and certified as such.

ii. Unlike regular registration proceedings where the applicant must prove
possession of public agricultural land since June 12, 1945 as well as the
classification of the land as A and D land at least at the time the application
for registration is filed, the registration of ancestral lands is different in the
sense that:

70
 1. The applicant is a member of an indigenous cultural group;

2. He must have been in possession of an individually-owned

ancestral land for not less than thirty (30) years; and

3. By operation of law (IPRA), the land is already classified as

alienable and disposable (A and D) land, even if it has a slope of 18%
or over, hence, there is no need to submit a separate certification that
the land has been classified as A and D land.

c. Effect of Registration:

i. A duly issued Torrens certificate of title covering ancestral lands has the
same efficacy, validity and indefeasibility as any title issued through regular
registration proceedings.

ii. It is generally conclusive evidence of ownership.

iii. The title shall not be subject to collateral attach nor can it be impugned,
altered, changed, modified, enlarged or diminished except in a direct
proceeding permitted by law.

iv. It is moreover subject to the rule on imprescriptibility.

v. The land shall not be subject to any burden except those noted on the
certificate.

d. Transfer of Land or Property Rights:

i. The right of ownership and possession of the ICCs/IPs to their ancestral

lands shall be recognized and protected. These lands may be transferred
subject to the following limitations:

1. Only to the members of the same ICCs/IPs;

2. In accord with customary laws and traditions; and

3. Subject to the right of redemption of the ICCs/IPs for a period of

fifteen (15) years if the land was transferred to a non- member of the
ICCs/IPs.

ii. Unlike the ICCs/IPs private but communal ownership over ancestral
domains which belong to all generations and therefore cannot be sold,

71
 disposed or destroyed, ownership over the ancestral domains allows the
transfer of ancestral land or property rights thereto to members of the same
group. This is in keeping with the option given to ICCs/IPs to secure a
Torrens title over the ancestral lands, but not to domains.

e. Generally, no ancestral land shall be opened for mining operations:

i. No ancestral land shall be opened for mining operations without the prior
consent of the indigenous cultural community concerned. (Sec. 16 of RA
No. 7942, Philippine Mining Act of 1995)

ii. In the event of an agreement for mining operations, the royalty payment,
upon utilization of the minerals, shall be agreed upon by the parties, and
shall form part of a trust fund for the socio-economic well- being of the
indigenous cultural community.(Sec. 17 of RA No. 7942, Philippine Mining
Act of 1995)

iii. No ancestral land may be declared as a people’s small-scale mining

area without the prior consent of the cultural communities concerned. If
ancestral lands are declared as people’s small-scale mining areas, the
members of the cultural communities therein shall be given priority in the
awarding of small-scale mining contracts. (Section 7 of RA No. 7076,
People’s Small-Scale Mining Act of 1991)

f. Authority of PEZA to issue building permits:

i. By specific provision of law, it is the Philippine Economic Zone Authority

(PEZA) which has authority to issue building permits for the construction of
structures within the areas owned or administered by it, whether on public or
private lands.

ii. PEZA may require owners of structures built without said permit to remove
such structures.

iii. A certificate of ancestral land claim (CALC) is merely “a registered claim
and not a proof of ownership.―

10) National Commission on Indigenous Peoples (NCIP):

a. Specific powers and functions:

i. Formulation of policies, issuance of rules and regulations:

72
 1.The NCIP has been granted administrative, quasi-legislativeand quasi-
judicial powers to carry out its mandate.

2.It is the primary agency charged with the formulation and implementation
of policies, plans, programs and projects for the economic, social and
cultural development of the ICCs/IPs and to monitor the implementation
thereof.

3.It is mandated to promulgate the necessary rules and regulations for the
implementation of the Act.

ii. Resolution of conflicts:

1.The NCIP is vested with jurisdiction over all claims and disputes involving
the rights of ICCs/IPs.

2.The only condition precedent to the NCIP’s assumption of jurisdiction

over such disputes is that the parties thereto shall have exhausted all
remedies provided under their customary laws and have obtained a
certification from the Council of Elders/Leaders who participated in the
attempt to settle the dispute that the same has not been resolved.

3. The NCIP has the authority to decide all appeals from the decisions and
acts of all the various offices within the Commission.

4. Any decision, order, award or ruling of the NCIP on any ancestral

domain dispute or on any matter pertaining to the application,
implementation, enforcement and interpretation of the Act may be brought
by a petition for review to the Court of Appeals within fifteen (15) days from
receipt of a copy thereof.

iii. Issuance of CADT/CALT:

1.The NCIP has the authority to issue certificates of ancestral domain title (CADT) or
certificates of ancestral land title (CALT).

iv. Cancellation of ancestral domain and ancestral land titles:

1. The NCIP has exclusive and original jurisdiction over petitions for the
cancellation of Certificate of Ancestral Domain Titles/Certificate of Ancestral Land
Titles (CADTs/CALTs) alleged to have been fraudulently acquired by, and issued
to, any person or community as provided for under Section 54 of RA No. 8371,
provided that such action is filed within one (1) year from the date of registration.

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 2. It should be noted however that jurisdiction over actions or incidents affecting
a certificate of title issued through registration proceedings is vested in the courts
of justice.

v. Issuance of certification as a precondition to the grant of permit:

1.The NCIP has the authority to issue the appropriate certification as a pre-
condition to the grant of permit, lease, grant, or any other similar authority for the
disposition, utilization and management of portions of the ancestral domain with
the consensus approval of the ICCs/IPs concerned.

vi. Power to cite for contempt, issue restraining order; Among the other powers of the
NCIP are the following:

1. To promulgate rules and regulations governing the hearing and disposition of

cases filed before it as well as those pertaining to its internal functions and such
rules and regulations as may be necessary to carry out the purposes of this Act;

2. To administer oaths, summon the parties to a controversy, issue subpoenas

requiring the attendance and testimony of witnesses or the production of such
books, papers, contracts, records, agreements, and other document of similar
nature as may be material to a just determination of the matter under
investigation or hearing conducted in pursuance of this Act;

3. To hold any person in contempt, directly or indirectly, and impose appropriate

penalties therefor; and

4. To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any
of the parties to the case or seriously affect social or economic activity.

b. Regional Hearing Offices:

i. Original and Exclusive Jurisdiction:

1. All disputes and controversies involving ancestral lands /domains;

2. Violations of the requirement of free and prior and informed consent of

ICCs/IPs;

3. Actions for the enforcement of decisions of ICCs/IPs involving violations

of customary laws or desecration of ceremonial sites, sacred places, or
rituals;

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 4. Actions for redemption/reconveyance under Section 8(b) of RA No.
8371;

5. And cases analogous to the foregoing.

ii. Original Jurisdiction:

1. Cases affecting
a. property rights
b. claims of ownership
c. hereditary succession
d. and settlement of land disputes between and among ICCs/IPs that have
not been settled under customary laws

2. Actions for damages arising out of any violation of Republic Act No. 8371.

c. Ancestral Domains Office:

i. One of the offices under the NCIP;

ii. The ADO shall be responsible for the identification, delineation and
recognition of ancestral lands/domains.

iii. ADO shall also be responsible for the management of ancestral

lands/domains in accordance with a master plan as well as the implementation of
the ancestral domain rights of the ICCs/IPs as provided in Chapter III of the
IPRA.

iv. ADO shall also issue, upon the free and prior informed consent of the
ICCs/IPs concerned, certification prior to the grant of any license, lease or permit
for the exploitation of natural resources affecting the interests of ICCs/IPs or their
ancestral domains and to assist the ICCs/IPs in protecting the territorial integrity
of all ancestral domains.

v.ADO shall likewise perform such other functions as the NCIP may deem
appropriate and necessary.

ADDITIONAL NOTES SEC. 14 of the PRD:

1) System of Registration:

a. There are two systems of registration: one for registered lands under PD No.
1529 (Property Registration Decree) and the other for unregistered
lands under Act No. 3344.

75
 b. If a parcel of land covered by a Torrens title is sold, but the sale is registered
under Act No. 3344 and not under the Property Registration Decree, the sale is
not considered registered.

c. There can be no constructive notice through registration under Act No. 3344 if
the property is registered under the Torrens system, nor can the registration be
effective for purposes of Article 1544 of the Civil Code on double sale.

d. The recording of instruments relating to unregistered lands is governed by

Section 113 of PD No. 1529 which provides that no deed, conveyance,
mortgage, lease or other voluntary instrument affecting land not registered under
the Torrens system shall be valid, except as between the parties thereto, unless
such instrument shall have been recorded in the office of the Register of Deeds.

e. The recording, however, shall be without prejudice to a third party with a

better right.

2) Laws governing land registration:

a. Public Land Act (CA No. 141)

i. Approved on November 7, 1936, but which became effective on December 1,

1936;

ii. Voluntary;

iii. The Public Land Act governs the judicial confirmation of imperfect or
incomplete titles on the basis of possession and occupation o alienable portions
of the public domain in the manner and for the length of time required by law;

iv.The relevant provisions are Sections 47 to 57, Chapter VIII of the Act.

b. Property Registration Decree (PD No. 1529)

i. Issued on June 11, 1978;

ii. Voluntary;

iii. The Property Registration Decree is a codification of all laws relative to

registration of property, and supersedes all other laws relative to registration of
property•;

iv. It has substantially incorporated the provisions of Act No. 496, or the Land
Registration Act.

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c. Cadastral Act (Act No. 2259)

i. Enacted on February 11, 1913;

ii. Compulsory as it is the government itself which initiates the petition;

iii. Cadastral Act is an offspring of the system of registration under the Land
Registration Act.

iv. It aims to serve public interests by requiring that the title to any lands be titled
and adjudicated•;

v. It may be noted, however, that salient provisions in the Cadastral Act have
now been carried over in the present Property Registration Decree, particularly in
Sections 35 to 38 of the Decree.

d. Indigenous Peoples Rights Act (RA No. 8371)

i. Approved on October 29, 1997;

ii. Voluntary;

iii. IPRA recognizes the rights of ownership and possession of indigenous cultural
communities or indigenous peoples (ICCs/IPs) to their ancestral domains and
ancestral land on the basis of native title, and defines the extent of these lands
and domains.

iv. For purposes of registration, the IPRA expressly converts ancestral lands into
public agricultural lands, and individual members of cultural communities, with
respect to their individually-ownedancestral lands, shall have the option to secure
title to their ancestral lands under the provisions of the Public Land Act of the
Property Registration Decree.

v. This option is limited to ancestral lands only, not domains, and such
lands must be individually, not communally, owned.

3) Vested rights cannot be impaired by subsequent law:

a. Vested rights may not be impaired without violating one’s right to due process;

b. A right is vested when the right to enjoyment, present or prospective, has

become the property of some particular person or persons as a present interest.

c. It is some right or interest in property which has become fixed and established
and is no longer open to doubt or controversy.

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 d. A State may not impair vested rights by legislative enactment by the
enactment or by the subsequent repeal of a municipal ordinance, or by a change
in the constitution of the State, except in a legitimate exercise of the police
power.

B. Forms and Contents Dealing With Land

i. Section 15. Form and Contents.

The application for land registration shall be in writing, signed by the application or the
person duly authorized in his behalf, and sworn to before any officer authorized to
administer oaths for the province or city where the application was actually signed. If
there is more than one applicant, the application shall be signed and sworn to by and
in behalf of each. The application shall contain a description of the land and shall state
the citizenship and civil status of the applicant, whether single or married, and, if
married, the name of the wife or husband, and, if the marriage has been legally
dissolved, when and how the marriage relation terminated. It shall also state the full
names and addresses of all occupants of the land and those of the adjoining owners, if
known, and, if not known, it shall state the extent of the search made to find them.

The application, shall, in form, be substantially as follows:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT of _________________

The undersigned,____________________hereby applies (or apply) to have the land

hereinafter described brought under the operation of the Property Registration Decree,
and to have the title thereto registered and confirmed:

AND DECLARE . . . . .

1.That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of
sale or conveyance and/or possession in accordance with Section 14 of said Decree),
together with the building and improvements thereon, with the exception of the
following:_____________________ which is/are the property of __________________

residing at __________________ The said land, consisting of __________________

parcel/s is/are situated, bounded and described as shown on the plan and technical
descriptions attached hereto and made a part hereof, with the following
exception:_________________________.

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2.That said land at the last assessment for taxation was assessed at P ____,
Philippine currency, and the buildings and other improvements at P ___________,
Philippine currency.

3.That to the best of my/our knowledge and belief, there is no mortgage or

encumbrance of any kind whatsoever affecting said land, nor any other person having
any interest therein, legal or equitable, or in possession, other than as
follows:__________________________________.

4.That the applicant/s has/have acquired said land in the following manner:
________________________________.

(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal,
paraphernal or exclusive property of the applicant/s)

5.That said land is occupied by the following person: _________________.

6.That the names in full and addresses, as far as known to the undersigned, of the
owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5,
and of the persons shown on the plan as claimants, are as follows:

_________________________________________.

7.That the applicant/s is/are single or married to____________________ (Note: if

marriage has been legally dissolved, state when and how the marriage relation
terminated.)_______________________.

8.That the applicant's/s' full name, age, citizenship, residence, and postal address/es
is/are as follows:

_______________________________.

9.That (Note: If the land included in the application is bounded by a public or private
way or road, there should be stated in this paragraph whether or not the applicant
claims any and what land within the limits of the way or road and whether the applicant
desires to have the line of the way or road determined.)

______________________________.

10.That the following documents are attached hereto and made a part hereof:

___________________________________.

Signed at ___________________ this _____________________ day of

____________________, in the year twenty hundred and ______________________.

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__________________________

Applicant

_________________________

(Post Office Address)

REPUBLIC OF THE PHILIPPINES

PROVINCE (OR CITY) OF _______________

On this ___ day of _________,20 ___ personally appeared before me the above-
named ____________________ known to me to be the person/s who executed the
foregoing application and made oath that the statements therein are true of his/their
knowledge, information and belief.

The Residence Certificate/s __________ of the applicant/s __________ was/were

exhibited to me being No. _______

issued at _________ dated _______, 20___.

________________________

(Notary Public, or other Officer authorized to administer oaths)

PTR NO. _________________

NOTES SECTION 15 of PRD:

1) Requisite steps in bringing land under the Torrens System. Subject to the
conditions provided for in Section 15 of the PRD, application for land registration shall
provide information on the following:

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

surveyor;
b. Filing of application for registration by the applicant;
c. Setting of the date for the initial hearing of the application by the court;
d. 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
Land Registration Authority;
e. 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;
f. Service by mailing of notice upon contiguous owners, occupants and those
known to have interests in the property;
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 g. 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;
h. Filing of answer to the application by any person whether named in the notice
or not;
i. Hearing of the case by the court;
j. Promulgation of judgment by the court;
k. Issuance of an order for the issuance of a decree declaring the decision final
and instructing the Land Registration Authority to issue the decree of
confirmation and registration;
l. Entry of the decree of registration in the Land Registration Authority;
m. Sending of copy of the decree of registration to the corresponding Register of
Deeds; and
n. 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.
2)Form and contents of the application for registration:

a. Full description of the land as evidenced by a survey plan duly approved by

the Director of Lands, surveyor’s certificate, and technical description;

b. Citizenship and civil status of the applicant, whether single or married, and, if
married, the name of the wife or husband, and, if the marriage has been legally
dissolved, when and how the marriage relation terminated;

c. Full names and addresses of all occupants of the land and those of the
adjoining owners, if known, and, if not known, it shall state the extent of the
search made to find them;

d. Assessed value of the land and the buildings and improvements thereon;

e. Whether or not there are mortgages or encumbrances of any kind whatsoever

affecting the land, or any other person having any interest therein, legal or
equitable, or in possession, thereof;

f. The manner by which the applicant has acquired the land (refer to Section14,
PD No. 1529);

g. Whether or not the property is conjugal, paraphernal or exclusive property of

the applicant;

h. Names of all occupants of the land, if any;

i. Original muniments of title and other related documents supporting applicants

claim of ownership; and

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 i. Muniments of Title- are instruments or written evidence which applicant holds
or possesses to enable him to substantiate and prove title to his estate.

j. If the land is bounded by a public or private way or road, whether or not the
applicant claims any and what portion of the land within the limits of the way or
road, and whether the applicant desires to have the line of the way or road
determined.

Section 16. Non-resident applicant.

If the applicant is not a resident of the Philippines, he shall file with his application an
instrument in due form appointing an agent or representative residing in the
Philippines, giving his full name and postal address, and shall therein agree that the
service of any legal process in the proceedings under or growing out of the application
made upon his agent or representative shall be of the same legal effect as if made
upon the applicant within the Philippines. If the agent or representative dies, or leaves
the Philippines, the applicant shall forthwith make another appointment for the
substitute, and, if he fails to do so the court may dismiss the application.

NOTES SECTION 16 of PRD:

1) Non-resident applicant may be represented by an attorney-in-fact:

a. A special power of attorney executed before a notary public or other

competent official in a foreign country cannot be admitted in evidence unless it is
duly certified in accordance with Section 24, Rule 132 of the Rules of Court, i.e.,
by the secretary of embassy or legation, consul general, consul, vice consul or
consular agent or by any officer in the foreign service of the Philippines stationed
in the foreign country in which the record is kept, and authenticated by the seal of
his office.

Section 17. What and where to file.

The application for land registration shall be filed with the Court of First Instance of the
province or city where the land is situated. The applicant shall file together with the
application all original muniments of titles or copies thereof and a survey plan of the
land approved by the Bureau of Lands.

The clerk of court shall not accept any application unless it is shown that the applicant
has furnished the Director of Lands with a copy of the application and all annexes.•

NOTES SECTION 17 of PRD:

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1)The application for registration must be accompanied by a survey plan of the land
duly approved by the Director of Lands, together with the claimant’s muniments of title
to prove ownership.

2)No plan or survey may be admitted in land registration proceedings until approved by
the Director of Lands.

Section 18. Application covering two or more parcels.

An application may include two or more parcels of land belonging to the applicant/s
provided they are situated within the same province or city. The court may at any time
order an application to be amended by striking out one or more of the parcels or by a
severance of the application.

Section 19. Amendments.

Amendments to the application including joinder, substitution, or discontinuance as to

parties may be allowed by the court at any stage of the proceedings upon just and
reasonable terms.

Amendments which shall consist in a substantial change in the boundaries or an

increase in area of the land applied for or which involve the inclusion of an additional
land shall be subject to the same requirements of publication and notice as in an
original application.•

NOTES SECTIONS 18 & 19 of PRD:

1) A single application may be filed for two or more parcels:

a. Where during the pendency of an application for registration, the applicant

sold the property to another under pacto de retro, but owing to the lapse of the
redemption period, ownership became consolidated in the vendee, the latter as
the new and lawful owner is entitled to be subrogated in place of the
applicant and may continue the proceedings in the case and finally obtain title as
owner.

2) Substantial amendment of boundaries or area requires publication and notice:

a. It is not permissible to make amendments or alterations in the description of

the land after its publication in the newspapers and after the registration of the
property has been decreed, without the publication of new notifications and
advertisements making known to everyone the said alterations and amendments.

83
 i. Otherwise, the law would be infringed with respect to the publicity which
characterizes the procedure, and third parties who have not had an
opportunity to present their claims, might be seriously affected in their
rights, through failure of opportune notice.

b. Publication is one of the essential bases of the jurisdiction of the court in land
registration and cadastral cases, and additional territory cannot be included by
amendment of the plan without new publication.

c. If new survey plans do not conform to the plans earlier presented and affect
the rights of third persons, notice shall be given them and an opportunity to
present whatever opposition they may have to the registration of the land
included in the new plans.

d. If the amendment does not involve an addition, but on the contrary, a

reduction of the original area that was published, no new publication is required.

Section 20. When land applied for borders on road.

If the application describes the land as bounded by a public or private way or road, it
shall state whether or not the applicant claims any and what portion of the land within
the limits of the way or road, and whether the applicant desires to have the line of the
way or road determined.•

Section 21. Requirement of additional facts and papers; ocular inspection.

The court may require facts to be stated in the application in addition to those
prescribed by this Decree not inconsistent therewith and may require the filing of any
additional paper. It may also conduct an ocular inspection, if necessary.•

Section 22. Dealings with land pending original registration.

After the filing of the application and before the issuance of the decree of registration,
the land therein described may still be the subject of dealings in whole or in part, in
which case the interested party shall present to the court the pertinent instruments
together with a subdivision plan approved by the Director of Lands in case of transfer
of portions thereof and the court, after notice to the parties, shall order such land
registered subject to the conveyance or encumbrance created by said instruments, or
order that the decree of registration be issued in the name of the person to whom the
property has been conveyed by said instruments.•

NOTES SECTION 22 of PRD:

84
1) Dealings with the land while its registration is pending:

a. Whatever may be the nature of the transaction, the interested party should
submit to the court the pertinent instruments evidencing the transaction to be
considered in the final adjudication of the case.

b. The applicant or the parties to the transaction ay file the corresponding motion
or manifestation, indicating the relief desired.

c. In case of transfer of a portion of the land, the corresponding subdivision plan

should also be presented.

d. Upon notice to the parties, the court shall:

i. Order the land registered subject to the conveyance or encumbrance

created by such instruments, or

ii. Order that the decree of registration be issued in the name of the person
to whom the property has been conveyed.

e. It should be noted that the adjudication of land in a land registration or

cadastral proceeding does not become final, in the sense of
incontrovertibility, until after one year from the entry of the final decree prepared
by the LRA.

f. As long as the final decree has not been entered, and the one-year period has
not elapsed from such entry, the title is not deemed finally adjudicated and the
decision in the registration proceeding continues to be under the control of the
court.

g. Hence, transactions affecting the property pending registration should be

made known to the court for appropriate consideration.

2) Dealings or transactions entered into pending registration do not require amendment

of application:

a. Section 22 should be differentiated from Section 19 which refers to

amendments to the application by joinder, substitution or discontinuance of the
parties.

b. On the other hand, Section 108 involves amendments after entry of the
certificate of title.

85
 c. Section 22 does not require amendment of the application, it being sufficient
that the court, by motion or other appropriate pleading, be presented with the
instruments evidencing the transaction, and the approved subdivision plan where
a portion of the land is conveyed to another.

d. The law does not require that the application for registration be amended by
substituting the buyer• or the person to whom the property has been conveyed•
for the applicant.

i. Neither does it require that the buyer• or the person to whom the
property has been conveyed• be a party to the case.

ii. He may thus be a total stranger to the land registration proceedings.

iii. The only requirements of the law are:

1.That the instrument be presented to the court by the interested

party together with a motion that the same be considered in relation
with the application; and

2.That prior notice be given to the parties to the case.

e. A motion to lift order of general default and motion under Section 22 may not
be filed after the finality of the judgment in the registration case.

ii. Divina v. CA, 352 SCRA 527 (2001)

Section 15 of P.D. 1529 is explicit in requiring that in the application for registration of
land titles, the application "shall also state the full names and addresses of all
occupants of the land and those of the adjoining owners if known, and if not known, it
shall state the extent of the search made to find them.

As early as Francisco vs. Court of Appeals, 97 SCRA 22 [1980], we emphasized that a

mere statement of the lack of knowledge of the names of the occupants and adjoining
owners is not sufficient but "what search has been made to find them is necessary."

The trial court was correct when it took notice that respondent's sister Lydia Gajo-
Anonuevo admitted that she had a conversation with petitioner's cousin elena
Dumalaon about the latter's apprehension that their land may have been included in
respondent's application for registration of the disputed land. Respondent's omission of
this material information prevented petitioner from having his day in court.

The trial court in its decision more than amply supported its conclusion with
jurisprudence to the effect that it is fraud to knowingly omit or conceal a fact upon

86
which benefit is obtained to the prejudice of a third person. Such omission cannot but
be deliberate misrepresentation constituting fraud, a basis for allowing a petition for
review of judgment under Section 38 of Act No. 496, The Land Registration Act.

iii. Republic v. Vda. De Neri, 424 SCRA 676 (2004)

Applicants for land registration are required to append a survey plan to their
application, duly approved by the Bureau of Lands which is mentioned in Sec. 17. Of
the PD 1529stating that the application for land registration shall be filed with the Court
of First Instance of the province or city where the land is situated. The applicant shall
file together with the application all original muniments of titles or copies thereof and a
survey plan approved by the Bureau of Lands.

The submission of the plan approved by the Director of the Bureau of Lands is a
statutory requirement which is mandatory in nature. The plan approved by the Land
Registration Commission is of no value. It behooved the trial court not to take
cognizance of any application for land registration in the absence of a survey plan duly
approved by the Director of the Bureau of Lands appended thereto.

No plan or survey may be admitted in land registration proceedings until approved by

the Director of Lands. The submission of the plan is a statutory requirement of
mandatory character. Unless a plan and its technical description are duly approved by
the Director of

Lands, the same are of no value. It is a rule that "void ab initio• land titles issued
cannot ripen into private ownership therefore, said lands cannot be registered under
the respondents’ name.

iv. Caoibes, Jr. v. Caoibes-Pantoja, 496 SCRA 273 (2006)

The law does not require that the application for registration be amended by
substituting the "buyer" or the "person to whom the property has been conveyed" for
the applicant. Neither does it require that the "buyer" or the "person to whom the
property has been conveyed" be a party to the case.

He may thus be a total stranger to the land registration proceedings. The only
requirements of the law are: (1) that the instrument be presented to the court by the
interested party together with a motion that the same be considered in relation with the
application; and (2) that prior notice be given to the parties to the case.

Sec. 22 of P.D. 1529 (Property Registration Decree which became effective on June
11, 1978), provides:

87
SEC. 22. Dealings with land pending original registration. After the filing of the
application and before the issuance of the decree of registration, the land therein
described may still be the subject of dealings in whole or in part, in which case the
interested party shall present to the court the pertinent instruments together with the
subdivision plan approved by the Director of Lands in case of transfer of portions
thereof, and the court, after notice to the parties, shall order such land registered
subject to the conveyance or encumbrance created by said instruments, or order that
the decree of registration be issued in the name of the person to whom the property
has been conveyed by said instruments.

v. Republic v. Muñoz, 536 SCRA 108 (2007)

It bears stressing that the constructive seizure of land accomplished by posting of

notices and processes upon all persons mentioned in notices by means of publication
and sending copies to said persons by registered mail in effect gives the court
jurisdiction over the lands sought to be registered.

It is true that the best evidence to identify a piece of land for registration purposes is
the original tracing cloth plan from the Bureau of Lands, but blueprint copies and other
evidence could also provide sufficient identification.

The Court held in Recto v. Republic that the blueprint copy of the cloth plan together
with the lot’s technical description duly certified as to their correctness by the
Bureau of Lands are adequate to identify the land applied for registration.

C. Publication, Opposition and Default

i. Section 23. Notice of initial hearing, publication, etc.

The court shall, within five days from filing of the application, issue an order setting the
date and hour of the initial hearing which shall not be earlier than forty- five days nor
later than ninety days from the date of the order.

The public shall be given notice of the initial hearing of the application for land
registration by means of (1) publication; (2) mailing; and (3) posting.

1. By publication.

Upon receipt of the order of the court setting the time for initial hearing, the
Commissioner of Land Registration shall cause notice of initial hearing to be
published once in the Official Gazette and once in a newspaper of general
circulation in the Philippines: Provided, however, that the publication in the
Official Gazette shall be sufficient to confer jurisdiction upon the court. Said

88
notice shall be addressed to all persons appearing to have an interest in the land
involved including the adjoining owners so far as known, and "to all whom it may
concern". Said notice shall also require all persons concerned to appear in court
at a certain date and time to show cause why the prayer of said application shall
not be granted.

2.By mailing.

a) Mailing of notice to persons named in the application. The Commissioner of

Land Registration shall also, within seven days after publication of said notice in
the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial
hearing to be mailed to every person named in the notice whose address is
known.

b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor

and the Mayor. If the applicant requests to have the line of a public way or road
determined, the Commissioner of Land Registration shall cause a copy of said
notice of initial hearing to be mailed to the Secretary of Public Highways, to the
Provincial Governor, and to the Mayor of the municipality or city, as the case may
be, in which the land lies.

c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General,

the Director of Lands, the Director of Public Works, the Director of Forest
Development, the Director of Mines and the Director of Fisheries and Aquatic
Resources. If the land borders on a river, navigable stream or shore, or on an
arm of the sea where a river or harbor line has been established, or on a lake, or
if it otherwise appears from the application or the proceedings that a tenant-
farmer or the national government may have a claim adverse to that of the
applicant, notice of the initial hearing shall be given in the same manner to the
Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the
Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may
be appropriate.

3.By posting.

The Commissioner of Land Registration shall also cause a duly attested copy of
the notice of initial hearing to be posted by the sheriff of the province or city, as
the case may be, or by his deputy, in a conspicuous place on each parcel of land
included in the application and also in a conspicuous place on the bulletin board
of the municipal building of the municipality or city in which the land or portion
thereof is situated, fourteen days at least before the date of initial hearing.

89
The court may also cause notice to be served to such other persons and in such
manner as it may deem proper.

The notice of initial hearing shall, in form, be substantially as follows:

(Caption and Title)

NOTICE OF INITIAL HEARING

To (here insert the names of all persons appearing to have an interest and the
adjoining owners so far as known, and to all whom it may concern):

An application (or petition) having been filed in the above-entitled case by (full name
and address) praying for the registration and confirmation (or for the settlement and
adjudication, in case of petition in cadastral proceedings) of title to the following
described lands:

(Insert description)

You are hereby served this notice to appear before this Court at its session to be held
at ____________ on the____ day of_________, 20 ___, at_______ o'clock in the
_________ then and there to present such claims as you may have to said lands or
any portion thereof, and to submit evidence in support of such claim; and unless you
appear at said Court at the time and place aforesaid, your default will be recorded and
the title to the lands will be adjudicated and determined in accordance with law and the
evidence before the Court, and thereafter you will forever be barred from contesting
said application (or petition) or any decree entered thereon.

Witness, the Hon. ________________ Judge of the Regional Trial Court of _______
this ____ day of_____________, in the year 20____.

Attest:

Administrator, Land Registration Authority

NOTES SECTION 23 of PRD:

1)Notice of Initial Hearing

a.The duty and the power to set the hearing date lie with the land registration
court. After an applicant has filed his application, the law requires the issuance of
a court order setting the initial hearing date. The notice of initial hearing is signed
by the judge and copy of the notice is mailed by the clerk of court to the LRA.

90
This involves a process to which the party applicant absolutely has no
participation.(see Republic v. Manna Properties, Inc.,)

b.Publication

i. Purpose of publication – Two-Fold:

1. To confer jurisdiction upon the court over the res, and

2. To apprise the whole world of the pending registration case so that

they may assert their rights or interests in the land, if any, and oppose
the application, if so minded.

a. Constructive seizure of the land for registration is effected through

publication of the application for registration and posting and service of
notice to affected parties.

ii.Publication of notice of initial hearing(see Section 23 [1] of the PRD)

iii.Publication in a newspaper is necessary to accord with due process

requirement:

1.While publication of the notice in the Official Gazette is sufficient to

confer jurisdiction upon the court, publication in a newspaper of
general circulation remains an indispensable procedural
requirement. Couched in mandatory terms, it is a component of
procedural due process and aimed at giving as wide publicity as
possible• so that all persons having an adverse interest in the land
subject of the registration proceedings may be notified thereof.
Although jurisdiction of the court is not affected, the fact that
publication was not made in a newspaper of general circulation is
material and relevant in assessing the applicant’s right or title to the
land. (Roxas v. Court of Appeals) (see also Director or Lands v. CA
and Abistado)

iv.Publication in the Official Gazette does not dispense with the

requirement of notice by mailing and posting

1.This is obvious from Section 23 itself which stresses in detail the

requirements of mailing of notices to all persons named in the petition
who, per Section 15, include owners of adjoining properties, and
occupants of the land.

v. Lack of personal notice does not vitiate the proceedings

91
 1.A proceeding in rem, dealing with a tangible res, may be instituted
and carried to judgment, without personal service upon the claimants,
for jurisdiction is secured by the power of the court over the res.

2.Personal notice is not necessary unless required by the court.

3.see Adez Realty, Inc. v. CA

Vi .Purpose of notice by all three modes

1.The purpose of the law in requiring the giving of notice by all three
modes is to strengthen the Torrens system through safeguards to
prevent anomalous titling of real property.

vii. New publication necessary to include additional area

1. The purpose of the new publication is to give notice to all persons

concerned regarding the amended application.

Without a new publication the registration court cannot acquire

jurisdiction over the area or parcel of land that is added to the area
covered by the original application, and the decision of the
registration court would be a nullity insofar as the decision concerns
the newly included land.

2. But if the amendment consists in the exclusion of a portion of the

area covered by the original application and the original plan as
previously published, a new publication is not necessary. In this case,
the jurisdiction of the court over the remaining area is not affected by
the failure of a new publication.

3. Where the identity and area of the claimed property are not the
subject of amendment but merely other collateral matters, a new
publication is not needed.

4. The right of the land registration court to correct an error of closure

is authorized by law, provided such correction does not include land
not included in the original petition.

viii. Effect of non- or defective publication

1.Where there is no publication of the notice of initial hearing, the

decision of the land registration court is void.

92
 The requirement of publication is one of the essential bases of the
jurisdiction of the registration court; it is a jurisdictional requisite.

2.A mere defect of publication deprives the court of jurisdiction. And

when the court a quo lacks jurisdiction to take cognizance of a case,
the same lacks authority over the whole case and all its aspects.

c.Mailing

i.Mailing to persons named in the application

1.This requirement is mandatory.

ii.Mailing to the Secretary of Public (Works) and Highways, Governor and Mayor

1.If the applicant requests to have the line of a public way or road determined.

iii.Mailing to the Secretary of Agrarian Reform, Solicitor General, Director of Lands, Etc.

1.If the land borders on a river, navigable stream or shore, or an arm of the sea;
or

2.If it otherwise appears that a tenant-farmer, or the national government, may

have a claim adverse to the applicant.

iv.Role of the Solicitor General

1.In practice, the Solicitor General is invariably furnished with a copy of the notice
of initial hearing. The reason for this is that under the Administrative Code of
1987, the Solicitor General is bound to represent the Government in all land
registration and related proceedings.

2.As a rule, only notices of court proceedings and related processes actually
served upon the Solicitor General are binding on his office.

3.The Solicitor General, therefore, has control and supervision• over the special
attorney or prosecutor who has been deputized to appear for him.

4.Service of orders and decision on the OSG, and not merely on its deputized
special attorneys, in court cases involving land registration and naturalization
proceedings, is mandatory.

5.The Solicitor General is the only legal counsel of the government in land
registration cases and as such, he alone may withdraw the government’s appeal
with binding effect on the latter.

93
d.Posting

i. This requirement is also mandatory.

Section 24. Proof of publication and notice.

The certification of the Commissioner of Land Registration and of the sheriff concerned
to the effect that the notice of initial hearing, as required by law, has been complied
with shall be filed in the case before the date of initial hearing, and shall be conclusive
proof of such fact.

NOTES SECTION 24 of PRD:

1)The certification by the LRA Administrator as to the fact of publication and mailing,
and that of the sheriff as to posting, as required by law, are conclusive.

Section 25. Opposition to application in ordinary proceedings.

Any person claiming an interest, whether named in the notice or not, may appear and
file an opposition on or before the date of initial hearing, or within such further time as
may be allowed by the court. The opposition shall state all the objections to the
application and shall set forth the interest claimed by the party filing the same and
apply for the remedy desired, and shall be signed and sworn to by him or by some
other duly authorized person.

If the opposition or the adverse claim of any person covers only a portion of the lot and
said portion is not properly delimited on the plan attached to the application, or in case
of undivided co-ownership, conflicting claims of ownership or possession, or
overlapping of boundaries, the court may require the parties to submit a subdivision
plan duly approved by the Director of Lands.―

NOTES SECTION 25 of PRD:

1) Requisites for opposing application:

a. For an opposition then to be considered, the following requisites must concur:

i.The oppositor must have an interest in the land applied for;

ii.He should state the grounds for his objection as well as the nature of his
claimed interest;

iii.He should indicate the desired relief; and

94
 iv.The opposition should be signed and sworn to by him or by his duly
authorized representative.

b. It has been held, however, that unverified oppositions in land registration

proceedings are nevertheless sufficient to confer standing in court to
oppositors who may be allowed to verify their oppositions later on, especially
where said defect is deemed waived by the applicant’s failure to invoke said
requirement seasonably.

c. It was a substantial compliance with the law that required a formal answer.

2) Nature of interest to support opposition:

a. Opposition to an application for registration of the title must be based on the

right of dominion or some other real right opposed to the adjudication or
recognition of the ownership of the applicant, whether it be limited or absolute.

b. To give a person a legal standing to object to the application for registration,

he must make some claim to the property.•

c. All that is necessary to enable one to exert the faculty of opposition is that he
should appear to have an interest in the property. It is immaterial whether this
interest is in the character of legal owner or is of a purely equitable nature as
where he is the beneficiary in a trust.

d. A claim• merely noted on the survey plan cannot prevail over the actual
decree of registration as reproduced in the certificate.

e. The phrase claim of ownership• means the possession of a piece of property

with the intention of claiming it in hostility to the true owner.•It is also defined
as a party’s manifest intention to take over land, regardless of title or right.

3) Failure to file opposition, effect of:

a. Where no answer in writing or any opposition is made to an application for

registration of property, all the allegations contained in the application shall be
held as confessed by reason of the absence of denial on the part of the
opponent.

95
 b. It has been held that a claimant having failed to present his answer or
objection to the registration of a parcel of land under the Torrens system or to
question the validity of such registration within a period of one (1) year after the
certificate of title had been issued, is deemed to have forever lost his right in said
land even granting that he had any right therein.

c. Persons deemed to have legal standing to file opposition:

i. A homesteader who has not yet been issued his title but has fulfilled all
the conditions required by law for the issuance of patent;

ii. A purchaser of friar land who is deemed to have an equitable title to the
land even before the issuance of the patent;

iii. An awardee in a sales application who, by virtue of the award, is

authorized to take possession of the land to enable him to comply with the
requirements for the issuance of patent;

iv. A person claiming to be in possession of the land and has applied with
the Lands Management Bureau for its purchase.

d. Private persons may not file opposition for the Government:

i. A private person may not oppose an application for registration on behalf

of the government on the ground that the land belongs to the government.

4) Opposition by the Government:

a. Absence of opposition by the government does not justify outright registration

i. Notwithstanding the absence of opposition from the government, the

applicant in land registration cases is not relieved of the burden of proving
the imperfect right or title sought to be confirmed.

ii. He must show, even though there is no opposition, to the satisfaction of

the court, that he is the absolute owner, in fee simple.

iii. It is precisely the character of the land as private which the applicant has
the obligation of establishing.

b. Hearing necessary to determine validity of ownership claim

i.Under Section 1, Rule 131 of the Rules of Court, each party, whether
applicant or oppositor, must prove his own affirmative allegations by the
amount of evidence required by law to obtain a favorable judgment.

96
 c. Failure to appear on the day of initial hearing is not a ground for default where
opposition or answer had been filed

i. Where an opposition or answer, which is based on substantial grounds,

has been formally filed, it is improper for the court to declare the oppositor
in default simply because he failed to appear on the day set for the initial
hearing.

d. Government may appeal despite failure of agency to file opposition

i. The failure of the government agency concerned to file an opposition to

the application for registration or to appeal from the adverse decision of the
registration court is not fatal.

ii. The reason for this is that the government is usually not estopped by the
mistake or error of its officials or agents.

iii.It is hornbook law that the principle of estoppel does not operate against
the government for the act of its agents.

5) Motion to dismiss based on res judicata proper in a registration proceeding

a. The Property Registration Decree does not provide for a pleading similar or
corresponding to a motion to dismiss.

b. Two distinct concepts of res judicata:

i.Bar by former judgment; and

1.Res judicata absolutely bars any subsequent action when the

following requisites concur:

a. The former judgment or order was final;

b. It adjudged the pertinent issue or issues on their merits;

c. It was rendered by a court that had jurisdiction over the

subject matter and the parties; and

d. Between the first and the second actions, there was identity
of parties, of subject matter, and of causes of action.

Ii .Conclusiveness of judgment

1.Where no identity of causes of action but only identity of issues

exists

97
 2.The rule bars the re-litigation of particular facts or issues involving
the same parties even if raised under different claims or causes of
action.

c. The opposition in a registration case partakes of the nature of an answer with

a counterclaim.

d.Defense of res judicata may be waived if not set up in a motion to dismiss

i.In a registration case, it was held that the defense of res judicata when not
set up either in a motion to dismiss or in answer is deemed waived.

ii.It cannot be pleaded for the first time on appeal.

6) Submission of subdivision plan- The registration court may require the submission
by the parties of a subdivision plan, duly approved by the Director of Lands, in the
following instances:

a. If the opposition or adverse claim covers only a portion of the lot applied for
which is not delimited on the plan accompanying the application;

b.In case of undivided co-ownership, conflicting claims of ownership or

possession, or overlapping of boundaries.

Section 26. Order of default; effect.

If no person appears and answers within the time allowed, the court shall, upon motion
of the applicant, no reason to the contrary appearing, order a default to be recorded
and require the applicant to present evidence. By the description in the notice "To all
Whom It May Concern", all the world are made parties defendant and shall be
concluded by the default order.

Where an appearance has been entered and an answer filed, a default order shall be
entered against persons who did not appear and answer.

NOTES SECTION 26 of PRD:

1) Order of default, when entered

a. Order of General Default – addressed to the whole world:

i. If no person appears and answers within the time allowed, the court shall,
upon motion of the applicant, order a default to be entered and require the
applicant to present evidence. By description in the notice :To all whom it may

98
 concern,• all the world are made parties defendant and shall be concluded by
the default order.

b. Order of Special Default “ directed only against those who did not enter their
appearance and file answer:

i.When an appearance has been entered and answer filed, a default order
shall be entered against persons who did not appear and answer.

c. When the court issues an order of default, it is presumed to have regularly

performed its task in accordance with law especially with regard to notice
requirements.

d. When no answer in writing or any opposition is made to an application for the

registration of a property, all the allegations contained in the application shall be held
as confessed by reason of the absence thereof.

e. A person who has not challenged an application for registration cannot allege
damage or error against the judgment ordering registration.

f. But a declaration of default is not a guarantee that the application for registration will
be granted.

g. It is still the burden of the applicant to prove that he is entitled to registration by well-
nigh incontrovertible proof.•

2) Motion to lift order of general default

a. An order of general default is interlocutory in character, subject to the control

of the court, and may be modified or amended as the court may deem proper at
any time prior to the rendition of judgment.

b. The interests of substantial justice and the speedy determination of the

controversy should be the guiding principle of the trial court in lifting an order of
general default to allow a party to file an opposition to the application

c. But the motion to lift the order of general default should be filed before entry of
final judgment.

d. A motion to set aside the order of default filed prior to the rendition of the
judgment on the merits should be considered with liberality.

3) Party in default can appeal judgment

99
 a. A defendant party declared in default retains the right to appeal from the
judgment by default on the ground that the plaintiff failed to prove the material
allegations of the complaint, or that the decision is contrary to law, even without
need of the prior filing of a motion to set aside the order of default.

4)Government not estopped by the mistake or error of its agents

a. Order of default issued by the court should not prejudice the Government
under the well-known and settled rule that the Republic, or its Government, is
usually not estopped by the mistake or error on the part of its officials or agents.

ii. Republic v. San Lorenzo, 513 SCRA 294 (2007)

The duty and the power to set the hearing date lie with the land registration court. After
an applicant has filed his application, the law requires the issuance of a court order
setting the initial hearing date. The notice of initial hearing is a court document. The
notice of initial hearing is signed by the judge and copy of the notice is mailed by the
clerk of court to the LRA [Land Registration Authority]. This involves a process to which
the party applicant absolutely has no participation.

In land registration cases, the applicant must strictly comply with the jurisdictional
requirements.

The Court held that a party to an action has no control over the Administrator or the
Clerk of Court acting as a land court; he has no right to meddle unduly with the
business of such official in the performance of his duties.• A party cannot intervene in
matters within the exclusive power of the trial court. No fault is attributable to such
party if the trial court errs on matters within its sole power. It is unfair to punish an
applicant for an act or omission over which the applicant has neither responsibility nor
control, especially if the applicant has complied with all the requirements of the law.

It is evident in land registration proceedings that what is more important than the date
on which the initial hearing is set is the giving of sufficient notice of the registration
proceedings via publication.

iii. Republic v. Herbieto, 459 SCRA 183 (2005)

Publication, Mailing, Posting

The misjoinder of causes of action and parties does not affect the jurisdiction of the
courts to hear and proceed with the application for registration of the two respondents
who applied for registration on two separate lands.

100
The late publication of the Notice of Initial Hearing in the newspaper of general
circulation is tantamount to no publication at all, having the same ultimate result. Owing
to such defect, the MTC failed to constructively seize the lands and acquire jurisdiction
over the applications for registration. Therefore, the orders of the court were void for
having been issued by the MTC without jurisdiction.

NOTE:

The notice of initial hearing shall be published once in the Official Gazette and once in
a newspaper of general circulation in the Philippines: Provided, however, that the
publication in the Official Gazette shall be sufficient to confer jurisdiction upon the
court.

The notice of initial hearing shall also be posted in a conspicuous place on each parcel
of land included in the application and also in a conspicuous place on the bulletin
board of the municipal building of the municipality or city. (Sec. 24)

iv. Director v. CA and Abistado, 276 SCRA 276 (1997)

It should be noted further that land registration is a proceeding in rem. Being in rem,
such proceeding requires constructive seizure of the land as against all persons,
including the state, who have rights to or interests in the property. An in
rem proceeding is validated essentially through publication. This being so, the process
must strictly be complied with. Otherwise, persons who may be interested or whose
rights may be adversely affected would be barred from contesting an application which
they had no knowledge of.

The Court ruled that Section 23 of PD No. 1529 indeed clearly provides that publication
in the Official Gazette suffices to confer jurisdiction upon the land registration court.
However, absent any publication of the notice of initial hearing in a newspaper of
general circulation, the land registration court cannot validly confirm and register the
title of the applicants.

It may be asked why publication in a newspaper of general circulation should be

deemed mandatory when the law already requires notice by publication in the Official
Gazette as well as by mailing and posting, all of which have already been complied
with in the case at hand. The reason is due process and the reality that the Official
Gazette is not as widely read and circulated as newspapers and is oftentimes delayed
in its circulation, such that the notices published therein may not reach the interested
parties on time, if at all.

v. Adez Realty v. CA, 212 SCRA 623 (1992)

101
A land registration proceeding is a proceeding in rem, not in personam, and therefore it
is not necessary to give personal notice to the owners or claimants of the land sought
to be registered, in order to vest the courts with power and authority over the res. The
failure to give notice does not amount to jurisdictional defect. It is the publication of
such notice that brings in the whole word as a party in the case and vests the court
with jurisdiction to hear and decide it. Thus, notice of hearing by proper publication in
the Official Gazette is sufficient to clothe the court with jurisdiction, and the mere fact
that a person purporting to have a legitimate claim in the property did not receive
personal notice is not sufficient ground to invalidate the proceedings.

D. Hearing, Judgment and Decree of Registration

i. Section 27. Speedy hearing; reference to a referee.

The trial court shall see to it that all registration-proceedings are disposed or within
ninety days from the date the case is submitted for decision,

The Court, if it deems necessary, may refer the case or any part thereof to a referee
who shall hear the parties and their evidence, and the referee shall submit his report
thereon to the Court within fifteen days after the termination of such hearing. Hearing
before a referee may be held at any convenient place within the province or city as
may be fixed by him and after reasonable notice thereof shall have been served the
parties concerned. The court may render judgment in accordance with the report as
though the facts have been found by the judge himself: Provided, however, that the
court may in its discretion accept the report, or set it aside in whole or in part, or order
the case to be recommitted for further proceedings.

NOTES SECTION 27 of PRD:

1) Hearing Section 27

2) Proof required in registration proceedings, generally – The burden is on applicant

to prove his positive averments and not for the government or the private oppositors to
establish a negative proposition. He must submit convincing proof of his and his
predecessors-in-interest’s actual, peaceful and adverse possession in the concept of
owner of the lots during the period required by law. The applicant must show, even in
the absence of opposition, that he is the absolute owner, fee simple, of such land.

a. Citizenship Requirement

i. The Krivenko doctrine: aliens disqualified from acquiring public and

private lands. (see the case of Krivenko v. Register of Deeds)

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ii. The prohibition is a declaration of imperative national policy

This fundamental policy of preserving the nation’s lands for Filipino

citizens. Thus, as the rule now stands, the fundamental law explicitly
prohibits non-Filipinos from acquiring or holding title to private
lands, except only by way of legal succession or if the acquisition was
made by a former natural-born citizen.

ii. A natural-born Filipino citizen who has lost his citizenship may be a
transferee of private land(see Citizenship Requirement Individual
under Roman Numeral II-B[ix],Section 10 of Foreign Investment Act)

iv. Capacity to own land is determined as of the time of its acquisition

and not registration(see Republic v. CA and Lapiña and Director of
Lands v. Buyco)

v.Aliens may lease private lands

1. While aliens are disqualified from acquiring lands of the public

domain, they may however lease private lands.

2. A lease to an alien for reasonable period is valid. So is an option

giving an alien the right to buy real property on condition that he is
granted Philippine citizenship.

3. Aliens are not completely excluded by the Constitution from the

use of lands for residential purposes. They may be granted temporary
rights such as a “Lease Contract―.

vi. Foreigners allowed to purchase condominium units

1. Under RA No. 4726, foreign national can own Philippine real estate
through the purchase of condominium units or townhouses pursuant
to Section of this Act. (see Roman Numeral II-C [iv] [4])

2.It expressly allows foreigners to acquire condominium units and

shares in condominium corporations up to not more than 40% of the
total and outstanding capital stock of a Filipino- owned or controlled
corporation.

3. Under this set up, the ownership of the land is legally separated
from the unit itself. The land is owned by the condominium
corporation and the unit owner is simply a member in this
condominium corporation. As long as 60% of the members of this
103
 condominium corporation are Filipinos, the remaining members can
be foreigners.

4. Considering that the rights and liabilities of the parties under the
contract to sell is covered by the Condominium Act wherein petitioner
as unit owner is simply a member of the condominium corporation,
then the constitutional proscription against aliens owning real
property does not apply.

vii. Donation in favor of a religious corporation controlled by non- Filipinos

not registrable

1.Section 8, Article XII, 1987 Constitution provides that Save in cases

of hereditary succession, no private agricultural land shall be
transferred or assigned except to individuals, corporations or
associations qualified to acquire or hold lands of the public domain in
the Philippines.

2.The Constitution makes no exception in favor of religious

associations.

3.Such prohibition is not violative of the freedom of religion

guaranteed by the Constitution as the land ownership is not
indispensable to the free exercise and enjoyment of religious
profession or worship.

viii. Land acquired by an American citizen in 1945 can be registered under

the Ordinance appended to the 1935 Constitution

1.While aliens are disqualified to acquire lands under the 1935

Constitution, the Ordinance appended thereto provided that until the
final withdrawal of the United States sovereignty over the Philippines,
citizens and corporations of the United States could enjoy all the
same civil rights as Philippine citizens.

2.The 1935 Constitution provides that upon the proclamation of

Philippine Independence (July 4, 1946) all existing property rights of
citizens or corporations of the United States shall be acknowledged,
respected, and safeguarded to the same extent as property rights of
citizens of the Philippines.•

ix. A corporation sole may acquire and register private agricultural land

104
 1. A corporation sole, which consists of one person only, is vested
with the right to purchase and hold real estate and to register the
same in trust for the faithful or members of the religious society or
church for which the corporation was organized.

2. It is not treated as an ordinary private corporation because

whether or not it be so treated, the constitutional proscription against
private corporations acquiring public agricultural lands will not apply.

3.The reason for this is that a corporation sole has no nationality•

and the framers of the Constitution did not have in mind the religious
corporation sole when they provided that 60 per centum of the capital
thereof be owned by Filipino citizens.

x. Can a Filipino vendor recover land sold to an alien?

1. The question was answered in the negative in the early case of

Rellosa v. Gaw Chee Hun because the Filipino vendor was in pari
delicto with the alien vendee

2. However, Rellosa was reversed by Philippine Banking Corporation

v. Lui She where the Court declared that the pari delicto rule may not
be applied in said case since:

a. The original parties who were guilty of a violation of the

fundamental charter have died and have since been substituted
by their administrators to whom it would be unjust to impute
their guilt; and

b. As an exception to the rule on pari delicto, when the

agreement is not illegal per se but is merely prohibited and the
prohibition by law is designed for the protection of the plaintiff,
he may, if public policy is thereby enhanced, recover what he
has paid or delivered. Public policy referred here is of
preserving lands for Filipinos.

3. If land is invalidly transferred to an alien who subsequently

becomes a Filipino citizen or transfers it to a Filipino, the flaw in the
original transaction is considered cured and the title of the transferee
is rendered valid. As the property in dispute is already in the hands of
a qualified person, a Filipino citizen, there would be no more public

105
 policy to be protected. The objective of the constitutional provision to
keep our lands in Filipino hands has been achieved.

xi. Rule restated -- On the basis of their capacity to acquire or hold lands of
the public domain, the following ay acquire private lands:

1.Filipino citizens

2.Filipino corporations and association as defined in Section 2, Article

XII of the Constitution; and, by exception;

3.Aliens, but only byhereditary succession; and

4.A natural-born citizen of the Philippines who has lost his citizenship
under the terms of Section 8, Article XII of the 1987 Constitution.

a. Filipino citizens can both acquire or otherwise hold• lands of

the public domain.

b. Filipino corporations cannot acquire lands of the public

domain but they can hold such lands by modes other than
acquisition, such as lease.

5. NB: A foreign corporation is disqualified to own lands in the

Philippines. It is also disqualified to own rights to ownership to such
lands.

b.Classification of Public Lands

i. Classification of public land is an executive prerogative CA No. 141 (Public Land

Act), as amended, remains to this day the existing general law governing the
classification and disposition of lands of the public domain, other than timber and
mineral lands. The classification of public lands is an exclusive prerogative of the
executive department of the government and not of the courts.

1. System of classification

a. The President is authorized, from time to time, to classify the lands of the
public domain into alienable and disposable, timber, or mineral lands.

b. Alienable and disposable lands of the public domain are further classified
according to their uses into:

106
 i. Agricultural

ii. Residential, commercial, industrial, or for similar productive purposes;

iii. Educational, charitable, or other similar purposes; or

iv. Reservations for town sites and for public and quasi-public uses.

c. The Secretary, Department of Environment and Natural Resources (DENR), is

the only other public official empowered by law to approve a land classification
and declare such land as alienable and disposable.

2. Requirements to establish classification

a.Provincial Environment and Natural Resources Office (PENRO) or Community

Environment and Natural Resources Officer (CENRO) to certify that land is
alienable and disposable (A and D);

b.Applicant must prove that the DENR Secretary had approved the land
classification and released the land of the public domain as A and D land;

c.That the land falls within the land classification map as verified through survey
by the PENRO or CENRO;

d.The applicant must present a certified copy of the DENR Secretary’s

declaration or the President’s proclamation classifying the land as alienable and
disposable.

3. Only A and D lands may be the subject of disposition

a. Before the government could alienate or dispose of lands of the public

domain, the President must first officially classify these lands as alienable and
disposable, and then declare them open to disposition or cession.

4.Classification of Boracay Island

a. President Arroyo issued Proclamation No. 1064 classifying Boracay Island

into 400 hectares of reserved forest land (protection purposes) and 628.96
hectares of agricultural land (alienable and disposable).

b. Except for lands already covered by existing titles, Boracay was an

unclassified land of the public domain prior to Proclamation No. 1064. Under PD
No. 705, or Revised Forestry Code, all unclassified lands are considered public
forest.

107
5. Public Lands• and Governmental Land• distinguished

a. A public land is equivalent to public domain. It does not by any means include
all lands of government ownership, but only so much of said lands as are thrown
open to private appropriation and settlement by homestead and other like
general laws.

b. Government land includes not only public lands• but also other lands of the
government already reserved or devoted to public use or subject to private right.

6. Cadastral survey of a municipality does not automatically classify lands within

the cadastre as A and D lands

a. A survey made in a cadastral proceeding merely identifies each lot preparatory

to a judicial proceeding for adjudication of title to any of the land upon claim of
interested parties.

b. Where the subject property is still unclassified, whatever possession

applicants may have had, and, however long, cannot ripen into private
ownership.

ii. Under the Spanish regime, all Crown lands were per se alienable and subject to
adjudication by the courts unless falling under timber or mineral zones, or otherwise
reserved for some public purpose in accordance with law.

iii.Burden of proof rests with applicant to overcome presumption of State ownership

1.Must prove that the land subject of the application for registration is alienable
and disposable;

2.Applicant must establish the existence of a positive act of the government such
as a presidential proclamation or an executive order; an administrative action;
investigation reports of Bureau of Lands investigators; and a legislative act or a
statute; and

3.Applicant must also secure a certification from the government that the land
claimed to have been possessed for the required number of years is alienable
and disposable.

c.Non-Registrable Properties

108
1)Those intended for public use, such as roads, rivers, torrents, ports and bridges
constructed by the State, banks, shores, roadsteads, and others of

similar character;
Article 420 of the Civil
Code

2) Those which
belong to the

State, without being

for public

use, and are intended

for some

public service or for

the

development of the
national

wealth.

Page 90 of 121

Marvyn Rose Arbes

Rivers and their natural

1) beds;

2) Continuous or intermittent

waters of springs and

brooks

running in their natural beds

and the beds themselves;

3) Natural lakes and lagoons;

All other categories of

4) surface

waters such as water

109
 flowing

over lands, water from

rainfall

whether natural or artificial,

and waterfrom agriculture

runoff, seepage and

drainage;

Articles 5 & 6,
PD No. 1067,
Water 5) Atmospheric water;

Code
Subterranean or ground
6) water;

7) Seawater.

Found in Private Land:

8) Continuous or intermittent

waters rising on such lands;

9) Lakesand lagoonsnaturally

waters rising on such lands;

Rain water and falling on

10)such

lands;

Subterranean or ground
11)waters;

and

Water in swamps and

12)marshes

Forest or
1) timberland;

110
 Regalian
Doctrine under Public
the 1935, 2) forest;

1973 and 1987

Constitution

Forest reserves
3) lands;

4) Mineral lands.

d.Specific Evidence of Ownership

i. What must the applicant for land registration prove? DIP

1. Declassification – That the land applied for has been declassified and is a
public agricultural land, alienable and disposable or otherwise capable of
registration;

2. Identity of the land; and

3. Possession and occupation of the land for the length of time and in the
manner required by law.

Evidence of Declassification

ii. What may constitute sufficient proof to establish declassification of land from forest
to alienable or disposable, or agricultural? PAEB- CIL

1.Presidential proclamation

2.Administrative Order issued by the Secretary of Environment and Natural

Resources

3.Executive Order

4.Bureau of Forest Development (BFD) Land Classification Map

5.Certification by the Director of Forestry, and reports of District Forester

6.Investigation reports of Bureau of Lands Investigator

7.Legislative Act, or by Statute

Evidence of Identity of Land

111
iii.What may be presented as proof of the identity of the land sought to be
registered? STTT

1.Survey plan in general

2.Tracing cloth plan and blue print copies of plan

3.Technical description of the land

4.Tax Declarations

iv.In an application for judicial confirmation of imperfect title, is submission of the

original tracing cloth plan mandatory?

1.Yes. The Supreme Court declared that the submission of the tracing cloth plan is a
statutory requirement of mandatory

character. The plan of the land must be duly approved by the Director of Lands,
otherwise the same have no probative value.

Note: However, under LRA Circular 05-2000, only a certified copy of the original
tracing cloth plan need be forwarded to the LRA. (Agcaoili, Reviewer)

Although mere blue print copies were presented in court as evidence, the original
tracing cloth plan was attached to the application for registration and was available to
the court for comparison. Hence, the approval of registration was proper.

(Republic v. IAC)

v. In case of conflict between areas and boundaries, which prevails?

1.General Rule: Boundaries prevail over area.

a.Exception: Boundaries relied upon do not identify land beyond doubt.

Boundaries given in the registration plan do not coincide with outer boundaries of
the land covered and described in the muniments of title.

Evidence of Possession and Occupation

vi.What may constitute proof of possession?

1.To prove possession, it is not enough to simply declare one’s possession and
that of the applicant’s predecessors-in-interest to have been adverse, continuous,
open, public, peaceful and in concept of owner for the required number of years. The
applicant should present specific facts to show such nature of possession because

112
bare allegations, without more, do not amount to preponderant evidence that would
shift the burden to the oppositor.(Diaz v. Republic)

vii. What are some specific overt acts of possession which may substantiate a claim of
ownership?

1.Introducing valuable improvements on the property like fruit- bearing trees;

2.Fencing the area;

3.Constructing a residential house thereon; or

4.Declaring the same for taxation purposes.

Note: Evidence to be admissible must, however, be credible, substantial and

satisfactory (Agcaoili Reviewer)

viii. What are insufficient proofs of possession?

1. Mere Casual cultivation of portions of the land by claimant

Reason:Possession is not exclusive and notorious so as to give rise to a

presumptive grant from the State.

2. Possession of other persons in the land applied for impugns the exclusive quality
of the applicant’s possession.

3.Mere failure of Fiscal representing the State tocross-examine the applicant on the
claimed possession.

4.Tax declaration of land sought to be registered which is not in the name of

applicant but in the name of the deceased parents of an oppositor.

Reason: Possession of applicant is not completely adverse or open, nor is it truly in

the concept of an owner.

5. Holding of property by mere tolerance of the owner

Reason: Holder is not in the concept of owner and possessory acts no matter how
long do not start the running of the period of prescription.

6. Where applicants tacked their possession to that of their predecessor-in-

interest but they did not present him as witness or when no proofs of what acts of
ownership and cultivation were performed by the predecessor.

Reason

113
Evidence of Private Ownership

ix. What are the proofs of private ownership of land?

1.S panish title, impending cases.

Note: However, Spanish titles are now inadmissible and ineffective as proof of
ownership in land registration proceedings filed after Aug. 16, 1976. It is mere indicia of
a claim of ownership that the holder has a claim of title over the property.

2.T ax declaration and tax payments.

Note: While tax declarations and real estate tax receipts are not conclusive evidence of
ownership, if presented as documentary evidence coupled with proof of actual
possession for the period required by law of the land, they are good evidence of
ownership.

Even if belatedly declared for taxation purposes, it does not negate possession
especially if there is no other claimant of the land.

Mere failure of the owner of the land to pay the realty tax does not warrant a
conclusion that there was abandonment of his right to the property.

3. Other kinds of proof.

E.g. Testimonial evidence (i.e. accretion is on a land adjacent to a river).

Note: Any evidence that accretion was formed through human intervention negates the
claim.

4.Presidential issuances and legislative acts.

Note: It is constitutive of a fee simple title or absolute title in favor of the grantee.

x. Are tax declarations or payment of realty tax conclusive evidence of ownership?

1. No. Tax declarations or realty tax payment of property are not conclusive evidence
of ownership. However, they are good indicia of possession in the concept of an
owner, for no one in his right mind would be paying taxes for a property that is not in
his actual or at least constructive possession. They constitute at least proof that the
holder has a claim of title over the property.

Note: The voluntary declaration of a piece of property for taxation purposes manifests
not only one’s sincere and honest desire to obtain title to the property and
announces his adverse claim against the State and all other interested parties, but also

114
the intention to contribute needed revenues to the Government. Such an act
strengthens one’s bona fide claim of acquisition of ownership. (Agcaoili Reviewer;
Aquino, p.75-76)

xi. What proofs are insufficient to establish private ownership or right over land?

1. Compromise agreement among parties to a land registration case where they have
rights and interest over the land and allocated portions thereof to each of them.

Note: Assent of Director of Lands and Director of Forest Management to compromise

agreement did not and could not supply the absence of evidence of title required of the
applicant.

2. Decision in an estate proceeding of a predecessor-in-interestof an applicant that

involves a property over which the decedent has no transmissible rights, and in other
cases where issue of ownership was not definitely passed upon.

3. Survey plan of an inalienable land.

Note: Such plan does not convert such land into alienable land, much less private
property.

Section 28. Partial judgment.

In a case where only a portion of the land subject of registration is contested, the court
may render partial judgment provided that a subdivision plan showing the contested
and uncontested portions approved by the Director of Lands is previously submitted to
said court.•

Section 29. Judgment confirming title.

All conflicting claims of ownership and interest in the land subject of the application
shall be determined by the court. If the court, after considering the evidence and the
reports of the Commissioner of Land Registration and the Director of Lands, finds that
the applicant or the oppositor has sufficient title proper for registration, judgment shall
be rendered confirming the title of the applicant, or the oppositor, to the land or
portions thereof.•

NOTES SECTION 28 & 29 of PRD:

1)After due hearing for registration, what will the court do?

a. IF the court, after considering the evidence and report of the LRA, finds that the
applicant or the oppositor has sufficient title proper for registration, it shall render

115
judgment confirming the title of the applicant, or the oppositor, to the land or portions
thereof, as the case may be.

Section 30. When judgment becomes final; duty to cause issuance of decree.

The judgment rendered in a land registration proceedings becomes final upon the
expiration of thirty days(now fifteen days) to be counted from the data of receipt of
notice of the judgment. An appeal may be taken from the judgment of the court as in
ordinary civil cases.

After judgment has become final and executory, it shall devolve upon the court to
forthwith issue an order in accordance with Section 39 of this Decree to the
Commissioner for the issuance of the decree of registration and the corresponding
certificate of title in favor of the person adjudged entitled to registration.

Section 31. Decree of registration.

Every decree of registration issued by the Commissioner shall bear the date, hour and
minute of its entry, and shall be signed by him. It shall state whether the owner is
married or unmarried, and if married, the name of the husband or wife: Provided,
however, that if the land adjudicated by the court is conjugal property, the decree shall
be issued in the name of both spouses. If the owner is under disability, it shall state the
nature of disability, and if a minor, his age. It shall contain a description of the land as
finally determined by the court, and shall set forth the estate of the owner, and also, in
such manner as to show their relative priorities, all particular estates, mortgages,
easements, liens, attachments, and other encumbrances, including rights of tenant-
farmers, if any, to which the land or owner's estate is subject, as well as any other
matters properly to be determined in pursuance of this Decree.

The decree of registration shall bind the land and quiet title thereto, subject only to
such exceptions or liens as may be provided by law. It shall be conclusive upon and
against all persons, including the National Government and all branches thereof,
whether mentioned by name in the application or notice, the same being included in
the general description "To all whom it may concern".

NOTES SECTIONS 30 & 31 of PRD:

1)J udgment --It is a decision of court constituting its opinion after taking into
consideration the evidence submitted.

a.What must a judgment in land registration proceeding contain?

116
 i.When judgment is rendered in favor of the plaintiff, the court shall order the
entry of a new certificate of title and the cancellation of the original certificate and
owner’s duplicate of the former registered owner.

b. It becomes final upon the lapse of 15 days counted from the receipt of notice of the
judgment.

c. However, notwithstanding the lapse of the 15-day period from receipt of judgment by
the parties, the court continues to retain control over the case until the expiration of
one (1) year after the entry of decree of registration by the LRA.

2)Post-Judgment Incidents

a. Writ of Possession is a writ employed to enforce a judgment to recover the

possession of land, commanding the sheriff to enter into the land and give the
possession thereof to the person entitled under the judgment.

Note: It may be issued only pursuant to a decree of registration in an original land

registration proceeding.

b. Writ of Possession – order to sheriff to deliver the land to the successful
party litigant; no prescription against: (1) the loser and (2) anyone unlawfully and
adversely occupying.

i.When writ may not issue: When a party entered into property after issuance of final
decree, is not an oppositor in registration proceeding, and is in possession of land for
at least 10 years.

c. Writ of Demolition – the complement of writ of possession; to demolish

improvements introduced by oppositor or his successor in interest.

d. How may possession of property be obtained?

i. Possession of the property may be obtained by filing an ex parte motion

with the RTC of the province or place where the property is situated. Upon
filing of the motion and the required bond, it becomes a ministerial duty of
the court to order the issuance of a writ of possession in favor of the
purchaser. After the expiration of the 1-year period without redemption
being effected by the property owner, the right of the purchaser to the
possession of the foreclosed property becomes absolute.

e. Against whom may a writ of possession be issued?

i.In a registration case, a writ of possession may be issued against:

117
 1.The person who has been defeated in a registration case; and

2.Any person adversely occupying the land or any portion thereof

during the land registration proceedings up to the issuance of the final
decree.

f. If the court granted the registration, must the applicant move for the issuance
of a writ of possession in case he is deprived of possession over the land subject
of the registration proceedings?

i. Yes, if it is against:

1. The person who has been defeated in a registration case; and

2. Any person adversely occupying the land or any portion thereof during
the land registration proceedings up to the issuance of the final decree.

ii.No, if it is against person who took possession of the land after final
adjudication of the same in a registration proceeding. In which case, the remedy
is file a separate action for:

1.Unlawful entry;

2.Unlawful detainer;

3.Reinvindicatory action, as the case may be, and only after a favorable
judgment can the prevailing party secures a writ of possession.

g.Does petition for the issuance of a writ of possession prescribe?

i.General Rule: No

Exception: If a party has once made use of the benefit of a writ of possession, he
cannot again ask for it, if afterwards he loses possession of the property obtained
by virtue of the original writ.

3)Means to Recover Possession:

a.Forcible entry

b.Unlawful Detainer

c.Accion Publiciana

d.Accion Reivindicatoria

4)What must a judgment in land registration proceedings contain?

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 a. When judgment is rendered in favor of the plaintiff, the court shall order the
entry of a new certificate of title and the cancellation of the original certificate and
owner’s duplicate of the former registered owner.

5)Decree of Registration – It is a document prepared in the prescribed form by the

LRA Administrator, signed by him in the name of the court, embodying the final
disposition of the land by the court and such other data found in the record, including
the name and other personal circumstances of the adjudicate, the technical description
of the property, liens and encumbrances affecting it, and such other matters as
determined by the court in its judgment.

a.The decree issued by the LRA pursuant to the order of the court;

b.Binds the land, quiets title thereto, subject only to such exceptions or liens as
may be provided by law;

c.Conclusive upon all persons including the government.

6)What does a decree of registration cover?

a.Only claimed property or a portion thereof can be adjudicated. A land

registration court has no jurisdiction to adjudge a land to a person who has never
asserted any right of ownership thereof.

7) What is the effect of a decree of registration?

a.The decree of registration binds the land, quiets title, subject only to such
exceptions or liens as may be provided by law.

b.It is conclusive upon all persons including the national government and all
branches thereof. And such conclusiveness does not cease to exist when the title
is transferred to a successor.

c.Note: Title once registered cannot be impugned, altered, changed, modified,

enlarged or diminished, except in a direct proceeding permitted by law.

8) What are the effects of the entry of the decree of registration in the National Land
Titles and Deeds Registration Authority?

a.This serves as the reckoning date to determine the 1-year period from which
one can impugn the validity of the registration.

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 b.1 year after the date of entry, it becomes incontrovertible, and amendments will
not be allowed except clerical errors. It is deemed conclusive as to the whole
world.

c.Puts an end to litigation.

9 )What is decree of confirmation and registration?

a.It is issued by LRA after finality of judgment, and contains technical description
of land. It is subject only to an appeal.

b.It is conclusive evidence of the ownership of the land referred to therein and
becomes indefeasible and incontrovertible after one year from the issuance of
the decree.

10) Differentiate decree of confirmation and registration from decree of registration?

a.Decree of registration is issued pursuant to the Property Registration Decree,

where there already exists a title which is confirmed by the court.

b.Decree of confirmation and registration of title is issued pursuant to the Public

Land Act, where the presumption always is that the land applied for pertains to
the State, and that the occupants and possessors only claim an interest in the
same by virtue of their imperfect title or continuous, open and notorious
possession.

11) What is the doctrine of non-collateral attack of a decree or title?

a.A decree of registration and registered title cannot be impugned, enlarged,

altered, modified, or diminished either in collateral or direct proceeding, after the
lapse of one year from the date of its entry.

12)Differentiate direct from collateral attack.

Direct Attack Collateral Attack

The issues are raised in aIt is made when, in

direct another action to

proceeding in an action obtain a different relief,

instituted for that an attack on

purpose.
the judgment is mad as

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 an incident in

said action.

e.g. Torrens title is

questioned in the

ordinary civil action for

recovery of

possession.

a.In a case for recovery of possession based on ownership, is a third-party complaint

to nullify the title of the third-party defendant considered a direct attack on the title?

i.If the object of the third-party complaint is to nullify the title of the third-
party defendant, the third-party complaint constitutes a direct- attack on the title
because the same is in the nature of an original complaint for cancellation of title.

b.If an attack is made thru a counterclaim, should it be disregarded for being a

collateral attack?

i.No. A counterclaim is also considered an original complaint, and as such, the

attack on the title is direct and not collateral.

Section 32. Review of decree of registration; Innocent purchaser for value.

The decree of registration shall not be reopened or revised by reason of absence,

minority, or other disability of any person adversely affected thereby, nor by any
proceeding in any court for reversing judgments, subject, however, to the right of any
person, including the government and the branches thereof, deprived of land or of any
estate or interest therein by such adjudication or confirmation of title obtained by actual
fraud, to file in the proper Court of First Instance a petition for reopening and review of
the decree of registration not later than one year from and after the date of the entry of
such decree of registration, but in no case shall such petition be entertained by the
court where an innocent purchaser for value has acquired the land or an interest
therein, whose rights may be prejudiced. Whenever the phrase "innocent purchaser for
value" or an equivalent phrase occurs in this Decree, it shall be deemed to include an
innocent lessee, mortgagee, or other encumbrancer for value.

Upon the expiration of said period of one year, the decree of registration and the
certificate of title issued shall become incontrovertible. Any person aggrieved by such
decree of registration in any case may pursue his remedy by action for damages
against the applicant or any other persons responsible for the fraud.•
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NOTES:

1) Indefeasibility

After the lapse of one year from the entry of the decree of registration, said the decree
of registration and the certificate of title issued shall become incontrovertible.(Sec 32,
P.D. 1529)

2) Purchaser in good faith

a. An innocent purchaser for value is one who buys the property of another
without notice that some other person has a right to or interest in it, and who
pays a full and fair price at the time of the purchase or before receiving any
notice of another person’s claims.

b.When the buyer enters into a contract of sale, he assumes 2 obligations

i.First, the payment of the consideration; and

ii.Second, the performance of such first obligation in good faith, and implied
obligation but just as binding and as important as the first.

c.While good faith is presumed, conversely, bad faith must be established by

competent proof by the party alleging the same.

d.Property Registration Decree guarantees to every purchaser of registered land

in good faith that they can take and hold the same free from any and all prior
claims, liens and encumbrances except those set forth on the certificate of title
and those expressly mentioned in the decree as having been preserved against
it.

e.Purchaser is not required to explore further than what title indicates for hidden
defects

i.Every person dealing with registered land may safely rely on the
correctness of the certificate of title and is no longer required to look behind
the certificate in order to determine the actual owner.

ii.But one who buys from one who is not the registered owner is expected
to examine not only the certificate of title but all factual circumstances
necessary for him to determine if there are any flaws in the title of the
transferor, or in his capacity to transfer the land.

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 iii.A purchaser of a property cannot be in good faith where the title thereof
shows that it was reconstituted.

iv.In a series of transfers, in order that a purchaser may be considered in

good faith, it is enough that he examines the latest certificate of title.

f. A purchaser who has knowledge of defect of his vendor’s title cannot claim
good faith.

g. As between two persons in good faith, the lawful holder of a title is preferred.

i. As between two persons both of whom are in good faith and both innocent of
any negligence, the law must protect and prefer the lawful holder of registered
title over the transferee of a vendor bereft of any transmissible rights.

h. Purchaser charged only with notice of liens noted on the title

i.A person dealing with registered land is only charged with notice of the
burdens on the property which are noted on the face of the register or the
certificate of title.

ii.This rule however refers only to properties registered under the Torrens
system, not to those under Act No. 3344.

iii.A person dealing with registered land has a right to rely on the Torrens
certificate of title and to dispense with the need of inquiring further except
when the party has actual knowledge of facts and circumstances that would
impel a reasonably cautious man to make such inquiry or when the
purchaser has knowledge of a defect or the lack of title in his vendor or of
sufficient facts to induce a reasonably prudent man to inquire into the
status of the title of the property in litigation.

iv.Article 526 of the Civil Code says that one who is unaware of any flaw in
his title, or mode of acquisition, by which it is invalidated, shall be deemed
a possessor in good faith. But one who is aware of such flaw is deemed a
possessor in bad faith.

i.Rule of œcaveat emptor• (buyer beware•)

i.The rule of caveat emptor requires the purchaser to be aware of the supposed
title of the vendor and one who buys without checking the vendor’s title takes all
the risks and losses consequent to such failure.

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j.Sale of property pending litigation

i.The annotation of an adverse claim is a measure designed to protect the

interest of a person over a piece of real property, and serves as a notice and
warning to third parties dealing with said property that someone is claiming an
interest on the same or may have a better right than the registered owner
thereof.

ii.A bona fide purchaser for value of property at an auction sale acquires good
title as against a prior transferee of the same property if such transfer was
unrecorded at the time of the auction sale.

iii.The rule of caveat emptor applies to execution sale.

k. Prior registration of a lien

i.Registration is not the operative act for a mortgage to be binding between the
parties. But to third persons, it is indispensable.

l. Rule of good faith equally applies to mortgagees of real property

i.The phrase innocent purchaser for value• in Section 32 of the PRD includes an
innocent lessee, mortgagee, or other encumbrancer for value.

ii.The right or lien of an innocent mortgagee for value upon the land mortgaged
must be respected and protected, even if the mortgagor obtained his title thereto
thru fraud.

iii.Where the bank had exercised the due care demanded of it relative to real
estate loans, it will be considered an innocent mortgagee for value. Unlike private
individuals, banks are expected to exercise greater care and prudence in their
dealings, including those involving registered lands.

m. Good faith is a question of fact

i. There is a question of fact when the doubt or difference arises as to the truth of the
falsity of the statement of facts while a question of law exists when there is doubt or
controversy as to what the law is on a certain state of facts.

n. Burden of proof

i. The burden of proving the status of a purchaser in good faith lies upon one who
asserts that status and this onus probandi cannot be discharged by mere invocation of
the legal presumption of good faith.

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o.Rule on double sale of property

i.Between two buyers of the same immovable property registered under the
Torrens system, the law gives ownership priority to:

1.The first registrant in good faith;

2.Then, the first possessor in good faith; and

3.Finally, the buyer who in good faith presents the oldest title.

ii.This provision, however, does not apply if the property is not registered under
the Torrens system.

p.Principle of prior est temporae, prior est in jura•

i.In a situation where not all the requisites are present which would warrant the
application of Article 1544, the principle of prior tempore, potior jure or he who is
first in time is preferred in right, should apply.

ii.The only essential requisite of this rule is priority in time; in other words, the
only one who can invoke this is the first vendee.

iii.The principle of first in time, stronger in right gains greater significance in case
of double sale of immovable property. When the thing sold twice is an
immovable, the one who acquires it and first records it in the Registry of
Property, both made in good faith, shall be deemed the owner. Verily, the act of
registration must be coupled with good faith.

iv.Knowledge gained by the first buyer of the second sale cannot defeat the first
buyer’s right except only as provided by the Civil Code and that is where the
second buyer first registers in good faith the second sale ahead of the first.

Section 33. Appeal from judgment, etc.

The judgment and orders of the court hearing the land registration case are appealable
to the Court of Appeals or to the Supreme Court in the same manner as in ordinary
actions.

Section 34. Rules of procedure.

125
The Rules of Court shall, insofar as not inconsistent with the provision of this Decree,
be applicable to land registration and cadastral cases by analogy or in a suppletory
character and whenever practicable and convenient.•

NOTES SECTIONS 32, 33 & 34 of PRD:

1)What are the remedies of an aggrieved party in registration proceedings:

a.Relief from judgment

b.Appeal

c.Action for Damages

d.Action for Compensation from the Assurance Fund

e.Action for Reconveyance

f.Cancellation of suits

g.Annulment of judgment

h.New Trial

i.Quieting of Title

j.Petition for Review (of a Decree)

2)Relief from judgment; relief from denial of appeal

a.When a judgment or final order is entered, or any proceedings is thereafter

taken against a party in any court through, accident, mistake, or excusable
negligence, he may file a petition in such court and in the same case praying that
the judgment, order or proceeding be set aside.

b.When a judgment or final order is rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a petition in such court and in the
same case praying that the appeal be given due course.

c.Time for filing petition

i.A petition for relief from judgment or from denial of appeal under Sections
1 and 2, Rule 38, must be verified, filed within sixty (60) days after the
petitioner learns of the judgment, final order, or other proceeding to be set

126
 aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken.

ii.The date of finality of the judgment or final order shall be deemed to be

the date of its entry.

d.Petition for relief and motion for new trial/reconsideration are exclusive of each
other

i.A party who has filed a timely motion for new trial cannot file a petition for
relief after his motion has been denied. These two remedies are exclusive
of each other. He should appeal from the judgment and question such
denial.

ii.Relief will not be granted to a party who seeks to be relieved from the
effects of a judgment when the loss of the remedy at law was due to his
own negligence, or a mistaken mode of procedure.

3)Appeal

a.It must be filed within 15 days from receipt of the judgment or final order
appealed from

b.Under PD 1529, judgments and orders in land registration cases

are appealable to the CA or to the SC in the same manner as ordinary actions.

c.Who may file an appeal in land registration cases?

i.Only those who participated in the proceedings can interpose an appeal.

d.In land registration cases, may a party validly move for execution pending
appeal?

i.No. A motion for execution pending appeal is not applicable to land

registration proceedings. The reason is to protect innocent purchasers.

4)Petition for Review:

a.Requisites:

i.Petitioner has a real right;

ii.He has been deprived thereof;

iii.The deprivation is through fraud (actual/extrinsic);

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 iv.Petition is filed within 1 year from issuance of the decree; and

v.The property has not yet passed to an innocent purchaser for value.

b.In land registration cases, when may a petition for review may be filed? Any
person may file a petition for review to set aside the decree of registration on the
ground that he was deprived of their opportunity to be heard in the original
registration case not later than 1 year after the entry of the decree.

c. Grounds for filing a petition for review:

i.That a land belonging to a person has been registered in the name of

another or that an interest has been omitted in the application;

ii.Registration has been procured thru actual fraud;

iii.Petitioner is the owner of the said property or interest therein;

iv.Property has not been transferred to an innocent purchaser for value;

v.Action is filed within one year from the issuance ad entry of the decree of
registration; or

vi.Actual fraud must be utilized in the procurement of the decree and not
thereafter.

Note: What is contemplated by law is extrinsic fraud.

5) Reconveyance:

a.Reconveyance is an action seeking to transfer or reconvey the land from the

registered owner to the rightful owner.

b.Purpose: An action for reconveyance does not aim or purport to re-open the
registration proceedings and set aside the decree of registration but only to show
that the person who secured the registration of the questioned property is not the
real owner thereof. The action, while respecting the decree as incontrovertible,
seeks to transfer or reconvey the land from the registered owner to the rightful
owner.

Note: This action may be filed even after the lapse of 1 year from entry of
the decree of registration as long as the property has not been transferred
or conveyed to an innocent purchaser for value.

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 c.What are the grounds and their corresponding period for filing an action for
reconveyance?

GROUNDS PRESCRIPTIVE PERIOD

4 years from the

discovery of the

fraud (deemed to have

taken place

from the issuance of the

original

certificate of title)

Fraud

Note:

The State has

an imprescriptible right

to cause the reversion of

a piece of

property belonging to the

public

domain if title has been

acquired

through fraudulent
means.

10 years from the date of

the issuance

of the OCT or TCT. It

does not apply

where the person

enforcing the trust is

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 Implied or Constructive in actual possession of
Trust the property

because he is in effect
seeking to quiet

title to the same which is

imprescriptible.

Not barred by
Express Trust prescription

Void Contract Imprescriptible

d.If the ground relied upon for an action for reconveyance is fraud, what is the
period for filing the same?

i.If ground relied upon is fraud, action may be filed within 4 years from
discovery thereof. Discovery is deemed to have taken place when said
instrument was registered. It is because registration constitutes
constructive notice to the whole world.

e.May the court cancel the notice of lis pendens even before final judgment is
rendered?

i.A notice of lis pendens may be cancelled even before final judgment upon
proper showing that the notice if for the purpose of molesting or harassing
the adverse party or that the notice of lis pendens is not necessary to
protect the right of the party who cause it to be registered.

6)Damages

a.When may an action for damages be resorted to in land registration cases?

i.It may be resorted to when a petition for review and an action for reconveyance
is no longer possible because the property has passed to an innocent purchaser
for value and in good faith.

b.When will an action for damages in land registration cases prescribe?

i.An ordinary action for damages prescribes in ten (10) years after the issuance
of the Torrens title over the property.

7)Cancellation Suit

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a.What is cancellation suit?

i.It is an action for cancellation of title brought by a private individual, alleging

ownership as well as the defendant’s fraud or mistake, as the case may be,
in successfully obtaining title over a disputed land claimed by the plaintiff.

b.When is resort to a cancellation suit proper?

i.When two certificates of title are issued to different persons covering the same
parcel of land in whole or in part;

ii.When certificate of title is issued covering a non-registrable property; or

iii.Other causes such as when the certificate of title is issued pursuant to a

judgment that is not final or when it is issued to a person who did not claim and
applied for the registration of the land covered.

c.What are the rules as regards cancellation of certificates of title belonging to different
persons over the same land?

i.Where two certificates are issued to different persons covering the same land,
the title earlier in date must prevail. The latter title should be declared null and
void and ordered cancelled.

d.What is meant by prior est temporae, prior est in jura?

i.It is a principle which means he who is first in time is preferred in right.

8)New trial or reconsideration

a.Within the period for taking an appeal, the aggrieved party may move the trial
court to set aside the judgment or final order and grant a new trial for one or
more of the causes materially affecting the substantial rights of said party.

b.If the motion for new trial is granted, the judgment is set aside; if the motion for
reconsideration is granted, the judgment is merely amended.

c.The period for filing either motion is within the period for taking, not perfecting,
an appeal.

d.Grounds:

i.Fraud, accident, mistake or excusable negligence;

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 ii.Newly discovered evidence, which he could not, with reasonable
diligence, have discovered, and produced at the trial, and which if
presented would probably alter the result;

1.Within the same period, the aggrieved party may also move for
reconsideration upon the grounds that the damages awarded are
excessive, that the evidence is insufficient to justify the decision or
final order or that decision or final order is contrary to law.

e.Contents:

1.The motion shall be made in writing stating the ground or grounds

therefor, a written notice of which shall be served by the movant on the
adverse party.

2.A pro forma motion for new trial or reconsideration shall not toll the
reglementary period of appeal.

3.No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed.

f.Affidavits of merit

i.A motion for new trial grounded on fraud, accident, mistake or excusable
negligence should ordinarily be accompanied by two affidavits;

1.One, setting forth the facts and circumstances alleged to constitute

such fraud, accident, mistake, or excusable negligence;

a.Reason:It is to enable the court to determine if the movant’s

claim of fraud, etc. is not mere conclusion but is indeed borne
out by the relevant facts.

2.And the other, an affidavit setting forth the particular facts claimed
to constitute the movant’s meritorious cause of action or defense.

a.Reason: Equally evident as it would be useless, a waste of

time, to set aside the judgment and reopen the case to allow
the movant to adduce evidence when he has no valid causes of
action or meritorious defense.

g.Definition of Terms:

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 i.Fraud to be ground for nullity of a judgment must be extrinsic to the
litigation.

1.Extrinsic fraud- refers to any fraudulent act of the successful party in a

litigation which is committed outside the trial of a case against the defeated
party, or his agents, attorneys or witnesses, whereby said defeated party is
prevented from presenting fully and fairly his side of the case.

2.Intrinsic fraud- refers to acts of a party in a litigation during the trial, such
as the use of forged instruments or perjured testimony, which did not affect
the presentation of the case, but did prevent a fair and just determination of
the case.

ii.Accident or surprise- It must appear that there was accident or

surprise which ordinary prudence could not have guarded against
and by reason of which the party applying has probably been
impaired in his rights.

iii.Mistake -- It is some unintentional act, omission, or error arising

from ignorance, surprise, imposition or misplaced confidence.

iv.Excusable neglect- It means a failure to take the proper steps at the proper time, not
in consequence of the party’s own carelessness, inattention, or willful disregard of the
process of the court, but in consequence of some unexpected or unavoidable
hindrance or accident, or reliance on the care and vigilance of his counsel or on
promises made by the adverse party.

9)Quieting of Title

a.What is action for quieting of title?

i.It is an action that is brought to remove clouds on the tile to real property or any
interest therein, by reason of any instrument, record, claim, encumbrance, or
proceeding which is apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable or unenforceable, and may be prejudicial to said title.

b.Who may file an action to quiet title?

i.Registered owner;

ii.A person who has an equitable right or interest in the property; or

iii.The State.

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c.Note:

i.Criminal action- State may criminally prosecute for perjury the party who
obtains registration through fraud, such as by stating false assertions in the
sworn answer required of applicants in cadastral proceedings.

ii.Action for damages-Filed in an ordinary action for damages if the property has
passed unto the hands of an innocent purchaser for value.

10)Remedy in Case of Loss or Destruction of Certificate of Title:

a.What is the remedy in case a person lost his certificate of title?

i.It depends.

1.If what is lost is the OCT or TCT – Reconstitution of certificate of title;

2.If, however, it is the duplicate of the OCT or TCT –Replacement of lost

duplicate certificate of title.

11)Reconstitution of Certificate of Title

a.What is the remedy in case a certificate of title is lost or destroyed?

i.Remedy is reconstitution of lost or destroyed certificate of title in the office

of Register of Deeds in accordance with R.A. 26

b.What is reconstitution of certificate of title?

i.The restoration of the instrument which is supposed to have been lost or

destroyed in its original form and condition, under the custody of Register
of Deeds.

c.What is the purpose of reconstitution of title?

i.To have the same reproduced, after proper proceedings, in the same form
they were when the loss or destruction occurred.

d.Does reconstitution determine ownership of land covered by a lost or destroyed

certificate of title?

i.A reconstituted title, by itself, does not determine or resolve the ownership
of the land covered by the lost or destroyed title. The reconstitution of a title
is simply the re-issuance of a lost duplicate certificate of title in its original
form and condition. It does not determine or resolve the ownership of the
land covered by the lost or destroyed title. A reconstituted title, like the

134
 original certificate of title, by itself does not vest ownership of the land or
estate covered thereby.

e.May a writ of possession be issued in a petition for reconstitution?

i.No, because, reconstitution does not adjudicate ownership over the

property. A writ of possession is issued to place the applicant-owner in
possession.

f.What are the elements of reconstitution of certificates of title?

i.Certificate has been lost or destroyed;

ii.Petitioner is the registered owner or has an interest therein; and

iii.Certificate was in force at the time it was lost or destroyed.

g.What are the jurisdictional requirements in petitions for reconstitution of title?

i.Notice thereof shall be:

1.Published twice in successive issues of the Official Gazette;

2.Posted on the main entrance of the provincial building and of the

municipal building of the municipality or city, where the land is
situated; and

3.Sent by registered mail to every person named in said notice.

Note: The above requirements are mandatory and jurisdictional

h.What are the kinds of reconstitution of title?

i.Judicial - partakes the nature of a land registration proceeding in rem.

The registered owners, assigns, or any person having an interest in the
property may file a petition for that purpose with RTC where property is
located. RD is not the proper party to file the petition.

ii.Administrative may be availed of only in case of:

1.Substantial loss or destruction of the original land titles due to fire,

flood, or other force majeure as determined by the Administrator of
the Land Registration Authority

135
 2.The number of certificates of title lost or damaged should be at
least 10% of the total number in the possession of the Office of the
Register of Deeds

3.In no case shall the number of certificates of title lost or damaged

be less than P500

4.Petitioner must have the duplicate copy of the certificate of title (RA
No. 6732)

12)Replacement of Lost Duplicate Certificate of Title

a.If what is lost or destroyed is the duplicate title, is reconstitution the proper remedy?

i.No. When the duplicate title of the landowner is lost, the proper petition is not
reconstitution of title, but one filed with the court for issuance of new title in lieu of
the lost copy.

b.Who are the persons entitled to a Duplicate Certificate of Title?

i.Registered owner

ii.Each co-owner

c.What are the requirements for the replacement of lost duplicate certificate of title?

i.Due notice under oath shall be sent by the owner or by someone is his behalf to
the Register of Deeds of the province or city where the land lies as soon as the
loss or theft is discovered.

ii.Petition for replacement should be filed with the RTC of the province or city
where the land lies.

iii.Notice to Solicitor General by petitioner is not imposed by law but it is the

Register of Deeds who should request for representation by the Solicitor
General.

iv.A proceeding where the certificate of title was not in fact lost or destroyed is
null and void for lack of jurisdiction and the newly issued duplicate is null and
void.

13)Amendment or Correction of Title

a.What are the grounds for amendment or correction of certificate of title?

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 i.When registered interests of any description, whether vested, contingent or
inchoate have terminated and cease;

ii.When new interests have arisen or been created which do not appear upon the
certificate;

iii.When any error, omission or mistake was made in entering a certificate or any
memorandum thereon or on any duplicate certificate;

iv.When the name of any person on the certificate has been changed;

v.When the registered owner has been married, or registered as married, the
marriage has terminated and no right or interest of heirs or creditors will thereby
be affected;

vi.When a corporation, which owned registered land and has been dissolved, has
not conveyed the same within 3 years after its dissolution; or

vii.When there is a reasonable ground for the amendment or alteration of title.

b.What are the requisites for the amendment or correction of title?

i.It must be filed in the original case;

ii.By the registered owner or a person in interest;

iii.On grounds enumerated

iv.All parties must be notified;

v.There is unanimity among them; and

vi.Original decree must not be opened.

14)Cancellation of Title

a.What are the grounds for cancellation of title?

i.When title is void;

ii.Title is replaced by one issued under a cadastral proceeding; or

iii.When condition for its issuance has been violated by the registered owner.

15)Surrender of Withheld Duplicate Certificate of Title

a.What are the grounds for surrender of withheld duplicate certificate of title?

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 i.When it is necessary to issue a new certificate of title pursuant to any
involuntary instrument which divests the title of the registered owner against his
consent;

ii.Where a voluntary instrument cannot be registered by reason of the refusal or

failure of the holder to surrender the owner’s duplicate certificate of title; or

iii.Where the owner’s duplicate certificate is not presented for amendment or

alteration pursuant to a court order.

16)Reversion

a.What is meant by reversion?

i.It is an action instituted by the government, through the Solicitor General, for
cancellation of certificate of title and the consequential reversion of the land
covered thereby to the State.

ii.Note: The difference between reversion suit and action for declaration of nullity
of title is that in the former, the allegations in the complaint would admit State
ownership of the disputed land. On the other hand, action for declaration of nullity
of title requires allegation of the plaintiff’s ownership of the contested lot prior to
the issuance of free patent and certificate of title.

b.When does reversion apply?

i.Generally, reversion applies in all cases where lands of public domain and the
improvements thereon and all lands are held in violation of the Constitution.

c.What are the grounds for reversion of lands covered by a patent?

i.Violation of Sections 118, 120, 121 and 122, Public Land Act (e.g. alienation or
sale of homestead executed within the 5 year prohibitory period)

ii.When land patented and titled is not capable of registration

iii.Failure of the grantee to comply with the conditions imposed by law to entitle
him to a patent grant

iv.When the area is an expanded area

v.When the land is acquired in violation of the Constitution (e.g. land acquired by
an alien may be reverted to the State)

ii.Ting v. Heirs of Diego Lirio, 518 scra 334 (2007)

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Section 30 of Presidential Decree No. 1529 or the Property Registration Decree
provides:

The judgment rendered in a land registration proceeding becomes final upon the
expiration of thirty days to be counted from the date of receipt of notice of the
judgment.

In a registration proceeding instituted for the registration of a private land, with or

without opposition, the judgment of the court confirming the title of the applicant or
oppositor, as the case may be, and ordering its registration in his name constitutes,
when final, res judicata against the whole world. It becomes final when no appeal
within the reglementary period is taken from a judgment of confirmation and
registration.

iii. Gomez v. CA, 168 SCRA 503 (1988)

Unlike ordinary civil actions, the adjudication of land in a cadastral or land registration
proceeding does not become final, in the sense of incontrovertibility until after the
expiration of one (1) year after the entry of the final decree of registration. The Court, in
several decisions, has held that as long as a final decree has not been entered by the
Land Registration Commission (now NLTDRA) and the period of one (1) year has not
elapsed from date of entry of such decree, the title is not finally adjudicated and the
decision in the registration proceeding continues to be under the control and sound
discretion of the court rendering it.

It is a settled rule that a homestead patent, once registered under the Land
Registration Act, becomes indefeasible and incontrovertible as a Torrens title, and may
no longer be the subject of an investigation for determination or judgment in cadastral
proceeding.

E.CADASTRAL REGISTRATION PROCEEDINGS

A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY; NOTICES

i. Section 35. Cadastral Survey Preparatory to filing of petition.

(a) When in the opinion of the President of the Philippines public interest so requires
that title to any unregistered lands be settled and adjudicated, he may to this end direct
and order the Director of Lands to cause to be made a cadastral survey of the lands
involved and the plans and technical description thereof prepared in due form.

(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest
in the lands as well as to the general public, of the day on which such survey will begin,

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giving as fully and accurately as possible the description of the lands to be surveyed.
Such notice shall be punished once in the Official Gazette, and a copy of the notice in
English or the national language shall be posted in a conspicuous place on the bulletin
board of the municipal building of the municipality in which the lands or any portion
thereof is situated. A copy of the notice shall also be sent to the mayor of such
municipality as well as to the barangay captain and likewise to the Sangguniang
Panlalawigan and the Sangguniang Bayan concerned.

(c)The Geodetic Engineers or other employees of the Bureau of Lands in charge of

the survey shall give notice reasonably in advance of the date on which the survey of
any portion of such lands is to begin, which notice shall be posted in the bulletin board
of the municipal building of the municipality or barrio in which the lands are situated,
and shall mark the boundaries of the lands by monuments set up in proper places
thereon. It shall be lawful for such Geodetic Engineers and other employees to enter
upon the lands whenever necessary for the purposes of such survey or the placing of
monuments.

(d)It shall be the duty of every person claiming an interest in the lands to be surveyed,
or in any parcel thereof, to communicate with the Geodetic Engineer upon his request
therefor all information possessed by such person concerning the boundary lines of
any lands to which he claims title or in which he claims any interest.

(e)Any person who shall willfully obstruct the making of any survey undertaken by the
Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the
survey under this Section, or shall maliciously interfere with the placing of any
monument or remove such monument, or shall destroy or remove any notice of survey
posted on the land pursuant to law, shall be punished by a fine of not more than one
thousand pesos or by imprisonment for not more than one year, or both.

B.PETITION; LOT NUMBERS

ii. Section 36. Petition for registration.

When the lands have been surveyed or plotted, the Director of Lands, represented by
the Solicitor General, shall institute original registration proceedings by filing the
necessary petition in the Court of First Instance of the place where the land is situated
against the holders, claimants, possessors, or occupants of such lands or any part
thereof, stating in substance that public interest requires that the title to such lands be
settled and adjudicated and praying that such titles be so settled and adjudicated:

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The petition shall contain a description of the lands and shall be accompanied by a
plan thereof, and may contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or interest therein.

Where the land consists of two or more parcels held or occupied by different persons,
the plan shall indicate the boundaries or limits of the various parcels as accurately as
possible. The parcels shall be known as "lots" and shall on the plan filed in the case be
given separate numbers by the Director of Lands, which numbers shall be known as
"cadastral lot numbers". The lots situated within each municipality shall, as far as
practicable, be numbered consecutively beginning with number "one", and only one
series of numbers shall be used for that purpose in each municipality. However in cities
or townsites, a designation of the landholdings by blocks and lot numbers may be
employed instead of the designation by cadastral lot numbers.

The cadastral number of a lot shall not be changed after final decision has been
entered decreasing the registration thereof, except by order of court. Future
subdivisions of any lot shall be designated by a letter or letters of the alphabet added
to the cadastral number of the lot to which the respective subdivisions pertain. The
letter with which a subdivision is designated shall be known as its "cadastral letter":
Provided, however, that the subdivisions of cities or townsites may be designated by
blocks and lot numbers.•

C.ANSWER

iii.Section 37. Answer to petition in cadastral proceedings.

Any claimant in cadastral proceedings, whether named in the notice or not, shall
appear before the court by himself or by some other authorized person in his behalf,
and shall file an answer on or before the date of initial hearing or within such further
time as may be allowed by the court. The answer shall be signed and sworn to by the
claimant or by some other authorized person in his behalf, and shall state whether the
claimant is married or unmarried, and if married, the name of the spouse and the date
of marriage, his nationality, residence and postal address, and shall also contain:

(a)The age of the claimant;

(b)The cadastral number of the lot or lots claimed, as appearing on the plan filed in the
case by the Director of Lands, or the block and lot numbers, as the case may be;

(c)The name of the barrio and municipality in which the lots are situated;

(d)The names and addresses of the owners of the adjoining lots so far as known to the
claimant;
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(e)If the claimant is in possession of the lots claimed and can show no express grant of
the land by the government to him or to his predecessors-in-interest, the answer shall
state the length of time he has held such possession and the manner in which it has
been acquired, and shall also state the length of time, as far as known, during which
the predecessors, if any, held possession;

(f)If the claimant is not in possession or occupation of the land, the answer shall fully
set forth the interest claimed by him and the time and manner of his acquisition;

(g)If the lots have been assessed for taxation, their last assessed value; and

(h) The encumbrances, if any, affecting the lots and the names of adverse claimants,
as far as known.

D. HEARING; JUDGMENT; DECREE

iv. Section 38. Hearing, Judgment, Decree.

The trial of the case may occur at any convenient place within the province in which
the lands are situated and shall be conducted, and orders for default and confessions
entered, in the same manner as in ordinary land registration proceedings and shall be
governed by the same rules. All conflicting interests shall be adjudicated by the court
and decrees awarded in favor of the persons entitled to the lands or to parts thereof
and such decrees shall be the basis for issuance of original certificates of title in favor
of said persons and shall have the same effect as certificates of title granted on
application for registration of land under ordinary land registration proceedings.

v. Tan Sing Pan v. Republic, 496 SCRA 189 (2006)

Cadastral proceedings, like ordinary registration proceedings, are proceedings in rem,

and are governed by the usual rules of practice, procedure and evidence. A cadastral
decree and a certificate of title are issued only after the applicants prove all the
requisite jurisdictional facts: that they are entitled to the claimed lot; that all parties are
heard; and that evidence is considered.

It is incumbent upon the petitioners to establish by positive proof that the publication
requirement has been complied with, what with the fact that they are the ones who
stood to be benefited by the adjudication of the subject lot. Regrettably, they failed to
present proof of publication of the Notice of Initial Hearing.

All told, there being no indication at all from the records of the case that notice of the
Order for Initial Hearing was published in the Official Gazette and in a newspaper of
general circulation, without which the trial court did not acquire jurisdiction over the

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case, the decision rendered by the 7th MCTC of Atimonan-Plaridel, Quezon,
confirming petitioners' title over the subject lot is void ab initio for having been rendered
without jurisdiction.

vi. Rodil v. Benedicto, 95 SCRA 137, (1980)

The Court is convinced that the respondent Judge committed an error in denying the
petition for the issuance of a writ of possession. The findings of the respondent Judge
that a writ of possession cannot be issued in the cadastral case because the
respondents were not parties in said registration proceedings, or that they were not
occupants of the land during the registration proceedings prior to the issuance of the
final decree of registration is not supported by the evidence and law.

The respondent heirs of Alejandro Abes cannot be said to be strangers to the

registration proceedings. A cadastral proceeding is a proceeding in rem and against
everybody, including the respondents herein, who are deemed included in the general
order of default entered in the case. Besides, it appears that the said respondent heirs
of

Alejandro Abes filed a petition for the review of the decree of registration, thereby
becoming a direct party in the registration proceedings by their voluntary appearance.

The respondent heirs of Alejandro Abes, being in possession of the lots in

questionunlawfully and adversely, during the registration proceedings, may be judicially
evicted by means of a writ of possession and it is the duty of the registration court to
issue said writ when asked for by the successful claimant.

The respondents claim that the petition for the issuance of a writ of possession was
filed out of time, the said petition having been filed more than five years after the
issuance of the final decree of registration.In the case of Manlapas and Tolentino vs.
Lorente, which has not yet been abandoned, the Court stated that the right of the
applicant or a subsequent purchaser to ask for the issuance of a writ of possession of
the land never prescribes.

NOTES SECTIONS 35 38 of PRD:

1)What is cadastral registration?

a.It is a proceeding in rem, initiated by the filing of a petition for registration by the
government, not by the persons claiming ownership of the land subject thereof,
and the latter are, on the pain of losing their claim thereto, in effect compelled to
go to court to make known their claim or interest therein, and to substantiate
such claim or interest.
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2)Nature and purpose of cadastral proceedings

a.The purpose, as stated in Section 35(a), is to serve the public interest by

requiring that the titles to any unregistered lands be settled and adjudicated.•

b.The piecemeal and isolated registration of lands, so inadequate in more ways

than one, is avoided. 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.

c.The object of a cadastral petition is to have the title to the various lots
embraced in the survey be settled and adjudicated.

d.It is in the nature of a proceeding in rem, promoted by the Director of Lands,

somewhat akin to a judicial inquiry and investigation leading to a judicial decree.

3)Procedure leading to the adjudication of property through cadastral proceedings

a.Cadastral survey preparatory to filing of petition

b.Notice of survey and publication

c.Filing of petition for registration

d.Publication

e.Filing of answer

f.Hearing of the petition

g.Judgment; when title deemed vested

i.In the absence of fraud, title to land in a cadastral proceeding is vested on the
owner upon the expiration of the period to appeal from the decision or
adjudication by the cadastral court, without such appeal being perfected; and
from that time the land becomes registered property which cannot be lost by
adverse possession. The certificate of tile would then be necessary for purposes
of effecting registration of subsequent disposition of the land where court
proceedings would no longer be necessary.

4)Actions taken in a cadastral proceeding

a.First - adjudicates ownership in favor of one of the claimants. This constitutes

the decision the judgment the decree of the court, and speaks in a judicial
manner.

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 b.Second action is the declaration by the court that the decree is final and its
order for the issuance of the certificate of title by the Administrator of the Land
Registration Authority.

c.Third and last action devolves upon the Land Registration Authority. This office
has been instituted in order to have a more efficient execution of the laws relative
to the registration of lands• and to issue decrees of registration pursuant to final
judgments of the courts in land registration proceedings.•

5)Only unregistered lands• may be the subject of a cadastral survey

a.As provided for in Section 35, the law would limit the cadastral survey to any
unregistered lands• such that private lands are excluded. This interpretation appears
to be reasonable considering that the object of cadastral proceedings is to settle and
adjudicate• to lands. Private lands are obviously not contemplated since ownership
thereof had already been finally determined and adjudicated.

6)Lands already titled cannot be the subject of cadastral proceedings

a.Lands already decreed and registered in an ordinary registration proceeding

cannot again be subject of adjudication or settlement in a subsequent cadastral
proceeding.

b.A registration court has no jurisdiction to decree again the registration of land
already decreed in an earlier land registration case and a second decree for the
same land is null and void. This is so because when once decreed by a court of
competent jurisdiction, the title to land thus determined is already res judicata,
and binding on the whole world, the proceeding being in rem.

7)Jurisdiction of the cadastral court over previously titled lands limited to the correction
of technical errors in the description of the land

a.Provided that such corrections do not impair the substantial rights of the
registered owner of his title;

b.The cadastral court has jurisdiction to determine the priority or relative weight
of two or more certificates of title for the same land.

8)New titles may be issued for private lands within the cadastral survey

a.No modification or alteration can be permitted to be made in the Torrens title

for the sole purpose of making the area of the and described therein agree with
that given in the cadastral survey plan

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 b.The new title issued under the cadastral system to a person who already holds
a valid Torrens title must include the whole land specified in the latter.

c.A decree entered by the court cannot be considered as permanent if the limits
of the land therein registered may be changed or the area thereof altered by a
subsequent adjudication by the court.

9)Cadastral answer may not be thrown out upon a mere motion of adverse claimants

a.Suppressing the presentation of evidence in support of claims would

perpetuate conflicts over lands.

10)Amendment of the plan to include additional territory

a.An order of a court in a cadastral case amending the official plan so as to make
it include land not previously included therein is a nullity unless new publication is
made.

b.Publication is one of the essential bases of the jurisdiction of the court in land
registration and cadastral cases, and additional territory cannot be included by
amendment of the plan without new publication.

11)When title to land in a cadastral case is vested

a.In a cadastral case, title of ownership on the land is vested upon the owner
upon the expiration of the period to appeal from the decision or adjudication by
the cadastral court, without such an appeal having been perfected.

b.In other words, upon the promulgation of the order issuance of a decree, the
land, for all intents and purposes, had become, from that time, registered
property which could not be acquired by adverse possession.

c.The certificate of title would then be necessary for purposes of effecting

registration of subsequent disposition of the land where court proceedings would
no longer be necessary.

d.As a general rule, registration of title under the cadastral system is final,
conclusive and indisputable, after the lapse of the period allowed for an appeal.

12)Decision declaring land as public land not a bar to a subsequent action for
confirmation of title over the same land

13)Neither prescription nor laches may render inefficacious a decision in a land

registration case

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 a.In line with the doctrine of the inapplicability of prescription and laches in
registration cases, it has been held that the failure on the part of the
administrative authorities to do their part in the issuance of the decree of
registration cannot oust the prevailing party from ownership of the land.

14)Cadastral court has no jurisdiction over a petition for reconstitution

a.A reconstituted title is ordered issued in an ordinary civil case, not in a

cadastral proceeding for judicial confirmation of imperfect title over unregistered
property.

15)Neither prescription nor laches may render inefficacious a judgment in acadastral

case

a.The mere fact that there has been a delay in the issuance of the corresponding
certificate of title pursuant to a decree of registration in a cadastral case will not
render inefficacious the decision rendered by the court on account of prescription
or laches. The rule is that the failure on the part of the administrative authorities
to do their part in the issuance of the decree of registration cannot oust the
prevailing party from ownership of the land.•

16)Issuance of writ of possession imprescriptible

a.It has been held that where respondent heirs were in possession of the lots in
question, unlawfully and adversely, during the cadastral proceedings, they may be
judicially evicted by means of a writ of possession, the issuance of which never
prescribes. Respondent heirs cannot be said to be strangers since a cadastral
proceeding is a proceeding in rem and against everybody.

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