Handbook on the Philippine Law on Land Ownership and Registration

8/12/2019 Handbook on the Philippine Law on Land Ownership and Registration

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INTRODUCTION TO LAND OWNERSHIP

AND REGISTRATION IN THE PHILIPPINES

Atty. Pedro Jose F. Bernardo

This text is for limited and exclusive use, and is intended onlyfor the class in Land Titles and Deeds taught by Atty.Bernardo at the F! " La #alle Joint $BA%JD Program. &t isstill a 'or(%in%)rogress. !nauthori*ed co)ying anddistribution is strictly )rohibited.

PART I

INTRODUCTION TO LAND OWNERSHIP IN THE PHILIPPINES


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I. The Regalian Doctrine and the Constittion

THEREGALIANDOCTRINE

The +egalian Doctrine is the foremost legal )rinci)le introduced in the )olitical system u)on the#)anish on-uest of the Phili))ine &slands in /0. This doctrine assumes that the 1ing, as the2ead of #tate, has the su)reme )o'er over the land, 'aters, and of the country under 3urisdiction.Thus, by virtue of discovery and con-uest of the Phili))ine &slands, the 1ing of #)ain ac-uiredexclusive dominion over the &slands.

As ado)ted in our re)ublican system of government, ho'ever, this medieval conce)t of juraregalia has been stri))ed of its royal overtones4 o'nershi) is vested in the #tate. #ucho'nershi), according to the case ofLee Hong Hok v. David, reflects the ca)acity of state to o'nor ac-uire )ro)erty and is understood under the conce)t of dominium. Thus, #ection 0, Article5&& of the 678 onstitution )rovides4 9All lands of the )ublic domain, 'aters, minerals, coal,)etroleum, and other mineral oils, all forces of )otential energy, fisheries, forests or time,

'ildlife, flora and fauna, and other natural resources are o'ned by the #tate.:

Lee Hong Ho! ". Da"id

;.+. =76, December 08, 680

D?T+&


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&n the case at bar, a $iscellaneous #ales Patent and ?T 'as issued in favor ofres)ondent David by com)etent )ublic officials. 2e had ac-uired the grant and titlelegally. The notices regarding the auction sale of the land 'ere )ublished, the actual saleand a'ard thereof to David 'ere not clandestine but o)en and )ublic official acts of anofficer of the ;overnment. The a))lication 'as merely a rene'al of his deceased 'ifeEsa))lication, and the said deceased occu)ied the land since 6=7.

The first )aragra)h of #ection 0, Article 5&& says that 9all lands of the )ublic domain x xx and other natural resources are o'ned by the state,:

A grant by the government through duly com)etent )ublic officials cannot be disregardedon the )remise that land not )assing into )rivate o'nershi) may not be dis)osed of by thestate.

&n discussing the conce)t of 3ura regalia, the #u)reme ourt said4

90. As there are overtones indicative of s(e)ticism, if not of outright re3ection, ofthe 'ell%(no'n distinction in )ublic la' bet'een the government authority )ossessed bythe state 'hich is a))ro)riately embraced in the conce)t of sovereignty, and its ca)acityto o'n or ac-uire )ro)erty, it is not ina))ro)riate to )ursue the matter further. The former

comes under the heading of im)erium and the latter of dominium. The use of this term isa))ro)riate 'ith reference to lands held by the state in its )ro)rietary character. &n suchca)acity, it may )rovide for the ex)loitation and use of lands and other natural resources,including their dis)osition, exce)t as limited by the onstitution. Dean Pound did s)ea(of the confusion that existed during the medieval era bet'een such t'o conce)ts, but didnote the existence of res puli!aeas a corollary to dominium. As far as the Phili))ines'as concerned, there 'as a recognition by Justice 2olmes in Cari"o v. InsularGovernment, a case of Phili))ine origin, that #)ain in its earlier decrees embodied theuniversal feudal theory that all lands 'ere held from the ro'n . . . That 'as amanifestation of the conce)t of jura regalia, 'hich 'as ado)ted by the )resentonstitution, o'nershi) ho'ever being vested in the state as such rather than the headthereof. Chat 'as stated by 2olmes served to confirm a much more extensive discussionof the matter in the leading case of #alenton v. $ur!iano, decided in 6>. ?ne of the

royal decrees cited 'as incor)orated in theRe!opila!ion de Le%es de las Indias in these'ords4 Ce having ac-uired in sovereignty over the &ndies, and all lands, territories, and)ossessions not heretofore ceded a'ay by our royal )redecessors, or by us, or in ourname, still )ertaining to the royal cro'n and )atrimony, it is our 'ill that all lands 'hichare held 'ithout )ro)er and true deeds of grant be restored to us according as they belongto us, in order that after reserving before all 'hat to us or to our viceroys, audiencias, andgovernors may seem necessary for )ublic s-uares, 'ays, )astures, and commons in those)laces 'hich are )eo)led, ta(ing into consideration not only their )resent condition, butalso their future and their )robable increase, and after distributing to the natives 'hatmay be necessary for tillage and )asturage, confirming them in 'hat they no' have andgiving them more if necessary, all the rest of said lands may remain free andunencumbered for us to dis)ose of as 'e may 'ish.

&t could therefore be affirmed in $ontano v. Insular Government that as to theuna))ro)riated )ublic lands constituting the )ublic domain the sole )o'er of legislationis vested in ongress, . . . They continue to )ossess that character until severedtherefrom by state grant. Chere, as in this case, it 'as found by the ourt of A))ealsthat the dis)uted lot 'as the result of reclamation, its being correctly categori*ed as)ublic land is undeniable. Chat 'as held in 2eirs of Datu Pendatun v. Director of Landsfinds a))lication. Thus4 There being no evidence 'hatever that the )ro)erty in -uestion'as ever ac-uired by the a))licants or their ancestors either by com)osition title from the#)anish ;overnment or by )ossessory information title or by any other means for theac-uisition of )ublic lands, the )ro)erty must be held to be )ublic domain. For it is

=


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'ell%settled that no )ublic land can be ac-uired by )rivate )ersons 'ithout any grant,ex)ress or im)lied, from the government. &t is indis)ensable then that there be asho'ing of a title from the state or any other mode of ac-uisition recogni*ed by la'. Themost recent restatement of the doctrine, found in an o)inion of Justice J.B.L. +eyes,follo's4 The a))licant, having failed to establish his right or title over the northern)ortion of Lot


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&t can therefore be concluded that )etitioners did not ac-uire )rivate rights over the )arcelof land )rior to the issuance of ? == segregating the same as a 'atershed reservation.An im)erfect title may be derived from old #)anish grants or a continuous, o)en andnotorious )ossession and occu)ation of agricultural lands of the )ublic domain under abona fide claim of o'nershi) for at least thirty years )receding the filing of hisa))lication as )rovided by #ection 7 b A . The )etitioners 'ere unable to ac-uirea valid and enforceable right or title because of the failure to com)lete the re-uired )eriodof )ossession, 'hether under the original #ection 7 b of A )rior to the issuanceof ? ==, or under the amendment by +A 60 and PD >8=.

At the same time, ? == reserved the Lot as a 'atershed. #ince then, the Lot becamenon%dis)osable and inalienable )ublic land. The )eriod of occu)ancy after the issuance of? == in 6> could no longer be counted because as a 'atershed reservation, the Lot'as no longer susce)tible of occu)ancy, dis)osition, conveyance or alienation. #ection7 b of A , as amended, a))lies exclusively to alienable and dis)osable )ublicagricultural land.

A )ositive act of the xecutive De)artment is needed to declassify land 'hich had beenearlier classified as a 'atershed reservation and to convert it into alienable or dis)osableland for agricultural or other )ur)oses. ?nce a )arcel of land is included 'ithin a

'atershed reservation duly established by xecutive Proclamation, as in the instant case,a )resum)tion arises that the land continues to be )art of such +eservation until clear andconvincing evidence of subse-uent declassification is sho'n.

vidence on record thus a))ears unsatisfactory and insufficient to sho' clearly and)ositively that the Lot had been officially released from the $ari(ina Catershed+eservation to form )art of the alienable and dis)osable lands of the )ublic domain.Thus, neither )etitioners nor their )redecessors%in%interest have been in o)en, continuous,exclusive and notorious )ossession and occu)ation of the Lot for at least thirty yearsimmediately )receding the filing of the a))lication for confirmation of title.

Pang!ati$ran ". Cort o# A$$eals

=86 #+A G0

D?T+&


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vidence on record sho'ed that at the time of filing of the a))lication for landregistration and issuance of the certificate of title over the dis)uted land in the name of)etitioners, the same 'as timberland and formed )art of the )ublic domain. Based on a'rong conce)t of 'hat is forest land, the court a -uo found registrable title in favor of)etitioners based on the +e)ublicIs failure to sho' that the land is more valuable as forestland than for agricultural )ur)oses.

There 'as no evidence sho'ing that the land has been reclassified as dis)osable oralienable. Before any land may be declassified from the forest grou) and converted intoalienable or dis)osable land for agricultural or other )ur)oses, there must be a )ositiveact from the government. ven rules on the confirmation of im)erfect titles do not a))lyunless and until the land classified as forest land is released in an official )roclamation tothat effect so that it may form )art of the dis)osable agricultural lands of the )ublicdomain. Declassification of forest land is an ex)ress and )ositive act of ;overnment. &tcannot be )resumed.


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Thus, 'ith reference to the +egalian Doctrine, these )rovisions )rovide that 'hile no )ublic landcan be ac-uired by )rivate )ersons 'ithout any grant, ex)ress or im)lied, from the government,only alienable and dis)osable lands of the )ublic domain may nonetheless be sub3ect of suchgrant. Furthermore, the grantees of such land, even if alienable, must similarly com)ly 'ith theciti*enshi) re-uirements )rescribed by the onstitution.

&t must also be noted that not'ithstanding the a))lication of the +egalian Doctrine, the coloni*ersa))lying the doctrine did not intend to stri) the natives of their o'nershi) of lands alreadybelonging to them. This 'as the ruling in the landmar( case of Cari"o v. Insular Government' ()*+il. ,- /),0,1' 'here the #u)reme ourt said4 9'hen, as far bac( as testimony or memorygoes, the land has been held by individuals under a claim of )rivate o'nershi), it 'ill be)resumed to have been held in the same 'ay from before the #)anish con-uest and never havebeen )ublic land.: onse-uently, such land, if not o'ned by the #tate at the time of the #)anishcon-uest, could not have been ceded by #)ain to the !nited #tates through the Treaty of Paris,and later, to the Phili))ine ;overnment by the time of the ommon'ealth.

The doctrine of immemorial )ossession set forth in Cari"o'as also recogni*ed in the o)inion

defending the constitutionality +e)ublic Act 'hich re-uired registration for good title@ and because ofsuch the !.#. is the o'ner of the )ro)erty by succeeding #)ain by virtue of the Treaty ofParis.

#!4 C?< the land is )ublic or not.

2LD4 &t is not )ublic. &n this case, every )resum)tion must be in favor of the individualand against the government. Therefore, it can be 9)ro)er and sufficient to say that 'hen,as far bac( as testimony or memory goes, the land has been held by individuals under aclaim of )rivate o'nershi), it 'ill be )resumed to have been held in the same 'ay frombefore the #)anish con-uest, and never to have been )ublic land.: Cith this, it can be

inferred that immemorial )ossession is an exce)tion from the +egalian Doctrine becauseit is considered )rivate land even before the #)aniards came, 9'hen the regalia doctrine'as introduced into the Phili))ines by coloni*ers, the coloni*ers did not intend to stri)the natives of their o'nershi) of lands already belonging to them.:

Cith regards to the Decree of June 0/, 77>, it intended to correct the 'rongfuloccu)ation by Fili)inos of land belonging to the cro'n. There is no evidence that the)ossession of the )etitioner is 'rongful.

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Cr' ". E(ecti"e Secretar)

=8 #+A 07

FAT#4 +A 7=8 'as assailed as unconstitutional on the ground that it de)rived the#tate of its o'nershi) over lands of the )ublic domain and the natural resources in them.+A 7=8 defined 'hat are ancestral domains and ancestral lands.

2LD4 The vote 'as 8%8 'hich meant that validity 'as u)held. The o)inion defendingconstitutionality held the follo'ing4 ancestral domain and ancestral lands are not )artof lands of the )ublic domain. They are )rivate and belong to indigenous )eo)le. #ection/ commands the state to )rotect the rights of indigenous )eo)le. Cari"o v. InsularGovernment recogni*ed native title held by Fili)inos from time immemorial andexcluded them from the coverage ofjura regalia. 0 The right of o'nershi) granted doesnot include natural resources. The right to negotiate terms and conditions over naturalresources covers only ex)loration to ensure environmental )rotection. &t is not a grant ofex)loration rights. = The limited right of management refers to utili*ation as ex)resslyallo'ed in #ection 0, Article 5&&. Chat is given is )riority right, not exclusive right. &tdoes not )reclude the #tate from entering into co%)roduction, 3oint venture, or )roductionsharing agreements 'ith )rivate entities.

The o)inion assailing the constitutionality of the la' held the follo'ing4 the la'amounts to an abdication of state authority over a significant area of the countryIs)atrimony@ 0 it relin-uishes full control of natural resources in favor of indigenous)eo)le@ = the la' contravenes the )rovision 'hich says that all natural resources belongto the state.

&n addition, Phili))ine 3uris)rudence has also recogni*ed that aside from lands held by )ersonthrough immemorial )ossession, )ro)erties of the #tate, even if administered by the #)anishcoloni*ers, are also not considered )ublic land. &t 'as not the 1ing of #)ain 'ho 'as the o'nerof ecclesiastical )ro)erty during the time of the #)anish occu)ation@ these lands 'ere o'ned bythe +oman atholic hurch. Therefore ecclesiastical )ro)erty 'as never )ublic land and couldnot have been transferred to the !nited #tates by virtue of the Treaty of Paris.

*arlin ". Ra&ire'

8 Phil.

FAT#4 Barlin a))ointed +amire* to administer hurch )ro)erty. Chen the formeras(ed the latter to return the said )ro)erty, the latter refused. 2e said that the )ro)ertybelongs to the #tate, and the same is granted to him by the #tate.

#!4 C?< Barlin should return the said )ro)erty

2LD4 Kes, he should return the said )ro)erty. First, he is sto))ed by recogni*ing thatthe said )ro)erty 'as only entrusted to him. #econd the land belongs to the +omanatholic hurch. #ince it belonged to the +oman atholic hurch, it 'as never )ublicand therefore it 'as not included to the )ro)erty ceded by #)ain to the !.#. by virtue ofthe Treaty of Paris.

Ro&an Catholic Chrch ". +nici$al o# Tarlac

6 Phil. />

FAT#4 Prior to the +evolution, the hurch and cemetery is controlled and administeredby the +oman atholic hurch. The said )ro)erties 'here destroyed during therevolution. ?n January >, 6>=, by virtue of the circular, the &nsular ;overnmentconveyed the land to the &nde)endent Fili)ino hurch for the )ur)ose of administration

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in favor of the $unici)ality of Tarlac. The +oman atholic hurch see(s to get the)ro)erty bac(. The res)ondent said that the + only administered the )ro)erty but doesnot o'n it because it belongs to the #tate.

#!4 C?< the )ro)erty involved belonged to the #tate.

2LD4


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and may at any time and in a li(e manner transfer such lands from one class to another,for the )ur)oses of their administration and dis)osition.


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FAT#4 +es)ondents tried to register a certain )arcel of land. They have used the saidland for raising livestoc( for many years. The government o))osed stating the land isclassified as a forest land.

#!4 C?< the registration )ro)er.

2LD4


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Friar lands, 'hich are different from lands o'ned by the hurch, are those lands of certainhaciendas 'hich 'ere ac-uired by the government from religious orderscor)orations ororgani*ations in 6>0. 2o'ever, even though they 'ere bought by the Phili))ine ;overnmentthey are not considered )ublic lands.>

.

0


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)rove that he has com)lied 'ith the Public Land Act 'hich )rescribes the substantive as 'ell asthe )rocedural re-uirements for ac-uisition of )ublic lands.0

Furthermore, only those lands shall be declared o)en to dis)osition or concession 'hich havebeen officially delimited and classified and, 'hen )racticable, surveyed, and 'hich have not beenreserved for )ublic or -uasi%)ublic uses, nor a))ro)riated by the government, nor in any manner

become )rivate )ro)erty, nor those on 'hich a )rivate right authori*ed and recogni*ed by the Actor any valid la' may be claimed or 'hich, having been reserved or a))ro)riated have ceased tobe so. &n the absence of such classification, the land remains as unclassified land until it isreleased therefrom and rendered o)en to dis)osition.= &n$enguito v. Repuli!,it 'as held thatunless )ublic land is sho'n to have been reclassified or alienated to a )rivate )erson by the #tate,it remains )art of the inalienable )ublic domain. &ndeed, occu)ation thereof in the conce)t ofo'ner, no matter ho' long, cannot ri)en into o'nershi) and be registered as a title.

A. Agri!ultural Lands

Public lands suitable for agricultural )ur)oses can be dis)osed of only as follo's, and not

other'ise4/

For homestead settlement@0 By sale@= By lease@ By confirmation of im)erfect or incom)lete titles4

a By 3udicial legali*ation@b By administrative legali*ation free )atent.

Homestead &ettlement

By homestead is meant the home, the house and the ad3oining land 'here the head of the family

d'ells@ the home farm@ the fixed residence of the head of a family, 'ith the land and buildingssurrounding the main house.GTechnically, and under the modern homestead la's, it is anartificial estate in land, devised to )rotect the )ossession and en3oyment of the o'ner against theclaims of his creditors, by 'ithdra'ing the )ro)erty from execution and forced sale, so long asthe land is occu)ied as a home.8

To -ualify for a homestead settlement, the a))licant must sho' that he is a citi*en of thePhili))ines over the age of eighteen years, or is the head of a family, and does not o'n, or has notreceived by gratuitous allotment from the government, more than t'enty%four hectares of land inthe Phili))ines. #uch homestead settlement must not exceed t'enty%four hectares of agriculturalland of the )ublic domain.7 &n order to be entitled to a land grant, the a))licant is re-uired tocultivate and im)rove at least / of the land continuously since the a))roval of the a))lication

12 A;A?&L&, >>.15 #ection , Public Land Act.16 ?liver v. #no'den, 7 Fla. 70/, = Am. +e). =77.17 Buc(ingham v. Buc(ingham, 7 $ich. 76, / .18 #ection 0, Public Land Act.


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and has resided therein for at least one year in the munici)ality in 'hich the land is located, or ina munici)ality ad3acent to the same.6

#hould the a))licant com)ly 'ith the foregoing obligations, he shall ac-uire a vested right to theland, and 'ill be entitled to receive a final deed of conveyance called a homestead )atent. Theexecution and delivery of the )atent, after the right to a )articular )arcel of land has become

com)lete, are the mere ministerial acts of the officer charged 'ith that duty. ven 'ithout a)atent, a )erfected homestead is a )ro)erty right in the fullest sense, unaffected by the fact thatthe )aramount title to the land is still in the government. #uch land may be conveyed or inherited.


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is issued, he must sho' actual occu)ancy, cultivation and im)rovement of at least one%fifth of theland until the date of final )ayment.0G

&n addition to the foregoing obligations, the grantee is also not )ermitted to convey or encumberany of his rights over the land to any )erson, cor)oration, or association 'ithout the a))roval ofthe #ecretary of nvironment and years from the title is granted to the )atentee. >> hectares. iti*ens of thePhili))ines may lease not more than />> hectares, or ac-uire no more than 0 hectares thereof by)urchase, homestead or grant.06

&t shall be an inherent and essential condition of the lease that the lessee shall have not less thanone%third of the land bro(en and cultivated 'ithin five years after the date of the a))roval of thelease. 2o'ever, in case the land leased is to be devoted to )asture, it shall be sufficientcom)liance 'ith this condition if the lessee shall gra*e on the land as many heads of cattle as 'illoccu)y at least one%half of the entire area at the rate of one head )er hectare.=>

8udi!ial !on7irmation o7 imper7e!t or in!omplete title

!nder the Public Land Act, )ersons already in )ossession of alienable lands of the )ublic domainmay, by the mere )assage of time or failure to obtain title through no fault of their o'n, beconstituted o'ners of the said )arcels of land, sub3ect to the -ualifications and limitations setforth therein.

Thus, 'hen an a))licant conforms to all the re-uisites of confirmation )rescribed under thePublic Land Act, he obtains the right to a grant 'ithout the necessity of a certificate of title beingissued. The a))lication for confirmation becomes a mere formality, the lac( of 'hich does notaffect the legal sufficiency of the title as 'ould be evidenced by the )atent and the Torrens title tobe issued u)on the strength of said )atent.=

Ssi ". Ra'on

7 Phil. 0 60/

26 #ections 00, 0G and 07, Public Land Act.27 #ection 06,Id.28 #ec. ==,Iid.29 A;A?&L&,


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Petitioner #usi has been in o)en, continuous, adverse and )ublic )ossession, )ersonallyand through his )redecessors, of a certain )arcel of land since 77>. Then the Director ofLands sold the said land to the res)ondent by virtue of an a))lication for )urchase filedon August /, 6. The court ruled that by the time the res)ondent filed his a))licationfor )urchase the )etitioner has already )ossessed the land for thirty%four years, the)etitioner already had a right over the land. By that time ,the land ceased to be )ublic andtherefore removing it from the dis)osition of the Director of Lands therefore ma(ing thesale bet'een the Director of Lands and +a*on invalid.

onfirmation of im)erfect title over alienable lands of the )ublic domain may be achieved3udicially, or through administrative confirmation viathe issuance of free )atents.

i. 8udi!ial !on7irmation o7 imper7e!t title

The Public Land Act, and subse-uent amendments thereto,=0 enumerate the follo'ingre-uirements necessary for the 3udicial confirmation of im)erfect title4

The land sought to be registered must form )art of the alienable and dis)osable lands ofthe )ublic domain.

The current state of la' re-uires that the land sought to be registered must be alienable anddis)osable land of the )ublic domain. As )rovided in Presidential Decree 8=, 'hichamends #ection 7b and c of the Act4

9#ec. . The )rovisions of #ection 7b and c, ha)ter H&&&, of the Public Land Actare hereby amended in the sense that these )rovisions shall a))ly only to alienable anddis)osable lands of the )ublic domain 'hich have been in o)en, continuous, exclusiveand notorious )ossession and occu)ation by the a))lication himself or thru his)redessessor%in%interest, under a ona 7ide claim of ac-uisition of o'nershi), since June0, 6/.

Thus, lands classified as forest or timber lands, mineral lands and lands 'ithin national )ar(s areexcluded. This is due to the rule in #ection 0, Article 5&& of the onstitution, limiting alienableand dis)osable )ublic lands only to agricultural lands. The rule on confirmation of im)erfect titledoes not a))ly unless and until the land classified as, say, a forest land is released in an official)roclamation to that effect so that it may form )art of the dis)osable agricultural lands of the)ublic domain.== There must be a )ositive act of the government such as a )residential)roclamation or an executive order, an administrative action@ investigation re)orts of Bureau ofLands investigators@ and a legislative act or statute.= 2ence, the a))licant must secure acertification from the government that the land a))lied for by the a))licant is alienable anddis)osable.=/

&t must be noted, ho'ever, that +e)ublic Act >>.34 +e)ublic v. ourt of A))eals and eni*a, =60 #+A 6> 0>>0.35 Director of Lands v. Buyco, 0G #+A 87 66.

G


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the #u)reme ourt affirmed inRepuli! v. Court o7 Appeals=Gthat members of cultural minorities'ere entitled to a))ly for 3udicial confirmation bet'een 7 June 6G through the enactment of+e)ublic Act


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thereof in the manner and for the )eriod )rescribed by la' as to entitle him to registration in hisname, the ban against cor)orations ac-uiring lands of the )ublic domain does not a))ly.

&t must also be underscored that ac-uisition of alienable and dis)osable lands of the )ublicdomain through 3udicial confirmation of im)erfect title may be considered an exce)tion to thegeneral rule about )rescri)tion running against )ro)erties of the #tate )rovided in Article = of

the ivil ode, 'hich )rovides4

Art. =. All things 'hich are 'ithin the commerce of men are susce)tible of)rescri)tion, unless other'ise )rovided. Pro)erty of the #tate or any of itssubdivisions not )atrimonial in character shall not be the ob3ect of )rescri)tion.

= The a))lication must be filed before = December 0>0>.

!nder the original )rovisions of the Public Land Act, actions for 3udicial confirmation 'ere onlyallo'ed until = December 6=7. #ubse-uent enacts extended this )eriod until the most recentlegislation, 'hich sets the deadline at 0 December 0>0> +e)ublic Act 0>, in accordance 'ith +e)ublic Act


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generally issued u)on the 9)romulgation of a s)ecial la' or act of ongress or by the #ecretary ofnvironment and of the Public Land Act may li(e'ise be issued to authori*e concession of landsof the )ublic domain for educational, charitable or any of the li(e )ur)oses. 7 Furthermore, theyalso may be issued in favor of the o'ner of the landed estate ac-uired by the ;overnment.+e)ublic Act


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The conditions of the sale are as follo's4

a. The )urchaser shall enter the land and introduce suitable im)rovements thereon'ithin six G months, and com)lete such im)rovements not later than 7 monthsfrom the date of the a'ard.

b. The )urchaser shall )ay the )urchase )rice of the land in ten > e-ual annualinstallments.

&n case of lease, the rental shall be = of the value of the land )lus of the value of theim)rovements. very ten > years, the land and im)rovements shall be rea))raised but therental shall not be increased by more than >> every ten years.

The duration of the lease is 0/ years rene'able for another 0/ years at the governmentIs o)tion.

!nder +.A. direct or negotiated sale of )ublic land may be resorted to if4 a thea))licant has occu)ied the same and has in good faith built a residential house thereon 'here helives, b he is not the o'ner of any residential lot, and c the land is not needed by the

government for any )ublic )ur)ose.

Development o7 t+e la;s governing 7ores+ore


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classification and dis)osition of lands of the )ublic domain. !nder this la', the President had thesame )o'ers as those of the ;overnor%;eneral under Act


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systems, communal )asture or legua !ommunales, )ublic )ar(s, )ublic -uarries, )ublic fish)onds,'or(ingmenIs village and other im)rovements for )ublic benefit.

*re7erential Rig+ts o7 A!tual O!!upants

&f, before the delimitation and survey of a tract of )ublic land and before its classification as

alienable and dis)osable, such land shall be actually occu)ied by a )erson other than thea))licant, the Director of Lands shall inform the occu)ant of his )referential right to a))ly for theland and shall give him 0> daysI time in 'hich to file the a))lication or a))ly for the concessionby any of the forms of dis)osition authori*ed by this Act, if such occu)ant is -ualified to receivea concession under this Act.

Legal Restri!tions and En!umran!es

2omestead and Free Patent grants are sub3ect to the follo'ing restrictions4

a. #ec. 7. xce)t in favor of the ;overnment or any of its branches, units, or institutions,lands ac-uired under free )atent or homestead )rovisions shall not be sub3ect to

encumbrance or alienation from the date of the a))roval of the a))lication and for a termof five years from and after the date of issuance of the )atent or grant, nor shall theybecome liable to the satisfaction of any debt contracted )rior to the ex)iration of said)eriod, but the im)rovements or cro)s on the land may be mortgaged or )ledged to-ualified )ersons, associations, or cor)orations.


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)artnershi) )rior to the )romulgation of this Decree for the )ur)oses herein stated isdeemed valid and binding@ Provided, That no final decision of reversion of such land tothe #tate has been rendered by a court@ And Provided, further, That such ac-uisition isa))roved by the #ecretary of


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According to Article / of the Cater ode of the Phili))ines, the follo'ing belong to the #tate as'ell4 rivers and their natural beds@ 0 continuous or intermittent 'aters of s)rings and broo(srunning in their natural beds and the bed themselves@ = natural la(es and lagoons@ all othercategories of surface 'aters such as 'ater flo'ing over lands, 'ater from rainfall 'hethernatural, or artificial, and 'ater form agriculture run%off, see)age and drainage@ / atmos)heric'ater@ G subterranean or ground 'aters and@ 8 sea'ater.

Article G of the same ode )rovides that even the follo'ing 'aters found in )rivate lands belongto the state4 continuous or intermittent 'aters rising on such lands@ 0 la(es and lagoonsnaturally occurring on such lands@ = rain 'ater falling on such lands@ subterranean or ground'aters and@ / 'aters in s'am)s and marshes.

4orest lands

Forests, in the context of both the Public Land Act and the onstitution, do not necessarily referto a large tract of 'ooden land or an ex)anse covered by dense gro'th of trees and underbrush. /

The fact that the dis)uted land 9is not thic(ly forested: and, in any event, it has been in the actual)ossession of many )ersons for many years, it 'as already 9)rivate land: 'hich is better ada)ted

and more valuable for agricultural than for forest )ur)oses and not re-uired by the )ublic intereststo be (e)t under forest classification. Furthermore, the mere fact that a tract of land has trees u)onit or has mineral 'ithin it is not of itself sufficient to declare that one is forestry land and theother, mineral land. There must be some )roof of the extent and )resent or future value of theforestry and of the minerals, 'hich it is more valuable for the forestry or the mineral 'hich itcontains than it is for agricultural )ur)oses.//

The )o'er to convert a land 'hich forms )art of )ublic forest into )rivate )ro)erty is 'ithin theexclusive 3urisdiction of the Bureau of Forest Develo)ment and beyond the )o'er of theregistration court./GPossession thereof, ho'ever long, cannot convert it into )rivate )ro)erty.

An!ron ". Go"ern&ent o# the Phili$$ines

> Phil. >

Facts4 An action 'as commenced in the ourt of First &nstance of the Province of Davao,De)artment of $indanao and #ulu. &ts )ur)ose 'as to have registered, under the Torrenssystem, a certain )iece or )arcel of land 'ith the follo'ing descri)tion4

That all of said land, 'ith the exce)tion of a small )art at the north, the exact descri)tionand extension of 'hich does not a))ear, has been cultivated and )lanted for more thanforty%four years )rior to the date of this decision.

That said land 'as formerly occu)ied, cultivated and )lanted by $oros, $ansacas andothers, under a claim of o'nershi), and that they lived thereon and had their housesthereon, and that )ortion of the land 'hich 'as not )lanted or cultivated 'as used as

)asture land 'hereon they )astured their carabaos, cattle, and horses@

That the a))licant no' has some one hundred fifty /> hills of hem), some eightthousand 7,>>> cocoanut trees, a d'elling house, various laborersE -uarters, store%

54 >/.55 An(ron v. ;overnment of the Phili))ine &slands, ;.+. Phil. >.56 +e)ublic v. ourt of A))eals and Lastimado, 76 #+A G7 686@ Director of Lands v. Aban*ado, G/

#+A / 68/@ Bureau of Forestry v. ourt of A))eals and ;allo, /= #+A =/ 678.

0


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building, large camarin storehouse of 'ood, a galvani*ed iron and other buildings andim)rovements on said land.

The a))ellant contends that )ortions of said land cannot be registered in accordance 'iththe existing Land +egistration La' for the reason that they are manglares. That -uestionis not discussed in the )resent brief. The a))ellant, ho'ever., refers the court to hisdiscussion of that -uestion in the case of Jocson vs. Director of Forestry =6 Phil. +e).,/G>. By reference to the argument in the brief in the case, it is found that the a))ellantrelied u)on the )rovisions of section = of Act


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A 'atershed is 9an area drained by a river and its tributaries and enclosed by a boundary ordivide 'hich se)arates it from ad3acent 'atersheds.:/8Protection of the 'atersheds is an 9inter%generational res)onsibility:. Catershed reservation is not susce)tible of occu)ancy, dis)osition,conveyance or alienation./7

$angrove s;amps

#ection of the Phili))ine Fisheries ode defines mangroves as 9a community of intertidal)lants including all s)ecies of trees, shrubs, vines and herbs found on coasts, s'am) or bordercam)s. &t is no' settled that mangroves are forestal, not alienable agricultural land and are,therefore, not sub3ect to dis)osition./6

$ineral lands

D?'nershi) bya )erson of agricultural land in 'hich minerals are discovered does not give him the right toextract or utili*e the said minerals 'ithout the )ermission of the #tate to 'hich such minerals

belong.G

National parks

Lands reserved for a national )ar(, as 'ell as those 'ithin the )rotected areas under the


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;.+. =770,


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not so )rovide could only signify the exclusion of submerged areas from the termforeshore lands.

&umerged lands

!ntil reclaimed from the sea, these submerged areas are, under the onstitution, 9'aters. . .

o'ned by the #tate: forming )art of the )ublic domain and conse-uently inalienable. These areas,after reclamation, can be classified as )ublic agricultural lands, 'hich under the onstitution arethe only natural resources that the #tate can alienate. Thereafter, the government may declarethese lands no longer needed for )ublic service and therefore, alienable and dis)osable lands o)endis)osition.GG

+e)ublic Act 7/> 'as )assed on June 00, 6/8 'hich authori*ed the reclamation of foreshorelands by chartered cities and munici)alities. ?n January , 68=, Presidential Decree


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+e)ublic Act )rescribes that lands located at and belo' the maximum la(e level ofelevation of the Laguna de Bay are )ublic lands 'hich form )art of the bed of the said la(e. G7Areas forming )art of the Laguna de Bay are neither agricultural nor dis)osable lands of the)ublic domain.

Navigale rivers

&f the land forms )art of the bed of a navigable stream, cree( or river, the decree and title in thename of the a))licants 'ould not give them any right or title to it. Li(e the rest of the non%dis)osable )ro)erties, a land registration court has no 3urisdiction over navigable rivers andcannot validly ad3udge the registration of title thereof in favor of a )rivate a))licant. ?'nershi)of a navigable stream may not be ac-uired under a free )atent and the issuance of thecorres)onding certificate of title does not change its )ublic character. G6 &t is )art of )ublic)ro)erty and cannot be ac-uired by adverse )ossession.8>

Creeks

A cree( has been defined as a recess or arm extending from a river and )artici)ating in the ebb

and flo' of the sea. !nder the ivil ode, a cree(, including its natural bed, is )ro)erty of the)ublic domain 'hich is not susce)tible to )rivate a))ro)riation and ac-uisitive )rescri)tion.8&t isonly after the government has declared the land to be alienable and dis)osable agricultural landthat the year of entry, cultivation and exclusive and adverse )ossession can be counted for)ur)oses of an im)erfect title.80

onstructions of a cree( 'hich )revent the 'ater from flo'ing or convert it into a fish)ond donot alter the nature of the cree( as a )ublic )ro)erty.8=

Reservation 7or puli! and semi>puli! purposes

The Public Land Act )rescribes that a tract or trac(s of land of the )ublic domain may bedesignated by the President as reservations for the use of the +e)ublic of the Phili))ines or of any

of its branches, or of the inhabitants thereof, in accordance 'ith the regulations )rescribed for this)ur)ose. !ntil again declared alienable by the President, under #ection 7= of ommon'ealth Act


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Pursuant to #ection 6 of the Public Land Act, the President, u)on recommendation of the#ecretary of nvironment and


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cor)oration -ualified 9to ac-uire or hold lands of the )ublic domain and sub3ect to the limitations)rovided by la'.70

*rivate propert% and patrimonial propert%

Private )ro)erty connotes o'nershi) of an 9immovable: or real )ro)erty, andor a 9movable: or

)ersonal )ro)erty. As abovementioned, it s)ecifically is com)rised of all )ro)erty that belongs to)rivate )ersons, natural or 3uridical, either 3udicially or collectively. And real )ro)erty isdescribed in the ivil ode as the 9immovable: or )ro)erty 'hich consists )rinci)ally ofland@ 0 those 9movables: as the buildings, trees )lants, statues or other ob3ects )laced on landthat reveals the 9intention to have them )ermanently attached to the land:@ and = the real rightsover the immovable )ro)erty.7=

Pro)erty o'nershi), or land of )rivate o'nershi) and )rivate )ro)erty are synonymous. &t alsomeans, and includes the )atrimonial )ro)erty of the #tate, )rovinces, cities and munici)alities.These are )ro)erty of )ublic dominion that are no longer intended or needed4 for )ublic use@0 for )ublic service@ or = for the develo)ment of national 'ealth. #ome of these are riversshores, ban(s, )orts fortresses, roads and street, )ar(s and others.7

A stone fort on land by the sea, constructed since time immemorial as a defense against the $oroinvasion, that had not been used for many years for that )ur)ose became )rivate or )atrimonial)ro)erty of the #tate.7/

#an La*aro state in $anila on 'hich stood the #an La*aro 2os)ital is )rivate or )atrimonial)ro)erty of the #tate under Articles => and =/ of the #)anish ivil ode no' Articles 0 and0/ of the ivil ode.7G

Friar lands are )atrimonial )ro)erty of the #tate under Act and ommon'ealth Act no.. &n 6>G, the Phili))ine ommission headed by ;overnor Cilliam 2. Taft )ro)osed the)urchase of Friar Lands, belonging to the Dominica, Augustinian and +ecoletos $ission. ThePhili))ine Bill of 6>0 authori*ed the )urchase of friar lands to be sold to actual occu)ants and

settlers. Accordingly, ;overnor Taft )roceeded to +ome in 6>=, and )urchased form the highestecclesiastical authorities >,>>> acres of Friar Lands at V8,0=>,>>>. #ometime in 6=7, thePhili))ine ;overnment bought another Friar Land, a 9big run%do'n +iceland,: the Buenavistastate, near $anila at V,/>>,>>> from #an Juan de Dios 2os)ital.78

&n Cru2 v. &e!retar%'77 the &ndigenous Peo)les +ights Act or &P+A 'as assailed asunconstitutional on the ground that it de)rives the #tate of its o'nershi) over lands of the )ublicdomain and the natural resources in them. The vote of the #u)reme ourt 'as e-ually divided, 8%8. The o)inion defending constitutionality held the follo'ing4 Ancestral domain and ancestrallands are not )art of lands of the )ublic domain. They are )rivate and belong to indigenous)eo)le. Cari"o v. Insular Government76 recogni*ed native title held by Fili)inos from timeimmemorial and excluded from the conce)t of 3ura regalia. 0 The right of o'nershi) granted

82 F&LA$?+, +AL#TATLAC,supranote , at 7>.83 F&LA$?+, +AL#TATLAC,supranote , at G6.84 Id.85 A+T!+?$. T?L


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does not include natural resources. The right to negotiate terms and conditions over naturalresources covers only ex)loration to ensure environmental )rotection. &t is not a grant ofex)loration rights. = The limited right of management refers to utili*ation as ex)ressly allo'edin #ection 0, Article 5&&. Chat is given is )riority right, not exclusive right. &t does not)reclude the #tate from entering into co%)roduction, 3oint venture, or )roduction sharingagreements 'ith )rivate entities.

?n the other hand, the o)inion assailing the constitutionality of the la' held the follo'ing4 thela' amounts to abdication of the authority over a significant area of the countryIs )atrimony@ 0it relin-uishes full control of natural resources in favor of indigenous )eo)le@ = the la'contravenes the )rovision 'hich says that all natural resources belong to the state.

Classi7i!ation o7 private lands

The )hrase 9)rivate lands: or 9lands of )rivate o'nershi): have been defined in our3uris)rudence as those lands of the )ublic domain4 That are, or has been in the )ossession ofoccu)ants and their )redecessors%in%interest since time immemorial. 6>0 That had been a'ardedto an a))licant 'ith a #ales or 2omestead Patent under ommon'ealth Act of

'hose ca)ital is o'ned by Fili)ino citi*ens as defined in #ection 0.

E3!eption to t+e rule

2o'ever, by exce)tion the follo'ing may also ac-uire )rivate lands4

Aliens, but only by hereditary succession.0 A natural%born citi*en of the Phili))ines 'ho has lost Phili))ine citi*enshi) but

only under the terms )rovided in #ection 7, Article 5&& 'hich states that,9


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exce)tion is 'hen an alien ac-uires land by hereditary succession, such alien cannot renounce theright to inherit in favor of one 'ho is not -ualified. 6&n the case of $oss v. Director of lands, the?rdinance a))ended to the 6=/ onstitution )rovided that until final 'ithdra'al of the !nited#tates, Americans and American or)orations en3oyed the same civil rights as Fili)ino citi*ensand could therefore ac-uire )rivate lands until July , 6G.6/

As mentioned )reviously, )rivate land means any land of )rivate o'nershi). This includes bothlands o'ned by )rivate individuals and lands 'hich are )atrimonial )ro)erty of the #tate or ofmunici)al cor)orations.6G &n the case of @rivenko v. Register o7 Deeds, the term 9)rivateagricultural lands: meant any )rivate land that 'as neither timber nor mineral land. 68Again, theca)acity to ac-uire )rivate land is made de)endent u)on the ca)acity to ac-uire or hold lands ofthe )ublic domain. This is because aliens 'ere dis-ualified from ac-uiring lands of the )ublicdomain since the 6=/ onstitution, aliens, 'hether individuals or cor)orations, 'ere alsodis-ualified from ac-uiring )rivate lands. The )rohibition a))lies even to a regime of con3ugal)artnershi) in marriage. Thus, an alien s)ouse in a con3ugal )artnershi) does not have the right togive or not to give consent in the dis)osition of the land.67

xce)tion for former Fili)ino iti*ens4

9#ec. 7.

94 2alili v. ourt of A))eals, ;.+. #+A 0G6.96 B+


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In !ontrast ;it+ puli! lands

The term 9)ublic lands: refer to such lands of the )ublic domain as are sub3ect to alienation anddis)osal by the #tate in accordance 'ith the Public Land Act. The )hrase 9)ublic land: 'as heldto be e-uivalent to 9)ublic domain:. &t does not by any means include all lands of governmento'nershi), but only so much of said lands as are thro'n o)en to )rivate a))ro)riation and

settlement by homestead and other similar la's. Accordingly, 9government land: and 9)ublicland: are not synonymous terms@ the first is more extensive and embraces not only the second byalso other lands of the government already reserved to )ublic use or sub3ect to )rivate right.>0

The rules for the dis)osition of lands of the )ublic domain are the ff4>=

?nly agricultural lands of the )ublic domain may be alienated. All others areinalienable and may be develo)ed and utili*ed only according to the rulesestablished in #ec. 0 of the onstitution.

0 ?nly )ublic cor)orations and -ualified individuals may ac-uire alienable lands ofthe )ublic domain. or)orations can hold alienable land of the )ublic domain

only by lease.

= Private cor)orations are allo'ed to lease no more than one thousand hectares.

The congress shall determine by la', the si*e of lands of the )ublic domain'hich may be ac-uired, develo)ed, held, or leased and the conditions therefor.

ommon'ealth Act 'hichshall be sold thru sealed bidding. The land shall be a'arded to the highest bidder, but thea))licant may e-ual the highest bid. The )urchase )rice may be )aid in full u)on the ma(ing of

the a'ard or in not more than ten e-ual annual installments from the date of the a'ard. &t isre-uired that the )urchaser shall have not less than one%fifth of the land cultivated 'ithin fiveyears from the date of the a'ard, and before any )atent is issued, he must sho' actual occu)ancy,cultivation and im)rovement of at least one%fifth of the land until the date of final )ayment.>/

ri"en!o ". Register o# Deeds o# +anila

86 Phil. G

FAT#4 1riven(o bought a residential lot from $agdalena state, &nc., in December of6, the registration of 'c 'as interru)ted by the 'ar. &n $ay 6/, he sought toaccom)lish said registration but it 'as denied on the ground that 1riven(o is an alien.1riven(o then brought the case to the F& of $anila by means of a consulta. The courtrendered 3udgment sustaining the refusal.

2LD4 The 6=/ onstitution classified lands namely as agricultural, timber and mineralsince this 'as the basic classification existing in la's and 3uris)rudence at that time. The)hrase 9)ublic agricultural lands: includes residential lot R their alienation is limited toFili)ino citi*ens. To construe this )hrase as not including residential lots or lands not

102 &upra note =>.103 B+


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strictly agricultural, the result 'ould be that aliens may freely ac-uire and )ossess notonly residential lots and houses for themselves but also other forms of 9)ublicagricultural lands:.

Director o# Lands ". Lood

0 #+A G>

FAT#4 Sue*on ity Develo)ment R Financing or) filed an a))lication 'ith the F&of +i*al, see(ing the registration of title under Act. 6G, claiming to be the o'ner in feesim)le of a )arcel of land in Taytay, +i*al. The Director of Lands, filed an o))osition, onthe ground that the a))licant has no sufficient title to the land, not having ac-uired thesame by com)osition title from the #)anish ;ovt or by )ossessory information title)ursuant to +oyal Decree of February =, 76. The F& ruled that the a))licant has aregistrable title over the )arcel of land.

2LD4 The a))licant, being a 3uridical )erson, is dis-ualified to a))ly sub3ect )ro)ertyfor registration. Limiting the mode of ac-uisition of cor)orations, by )urchase, but not byhomestead, free )atent or 3udicial confirmation, does not offend the onstitution.or)orations 'ere never intended to ac-uire lands by such modes. Further, cor)orations,as )roduct of statutory action, the legislative can define the )o'ers of a cor)oration.

. $odes of Ac-uisition

The conveyance of )ublic land by the government to a )rivate individual is generally (no'n as a)ublic grant. 2o' the government ma(es such grant is 'ell illustrated by 'hat actually too()lace in the Phili))ines after its discovery by $agellan in /0. &t 'as held by the discovery andcon-uest of the entire Phili))ine territory became the exclusive )atrimony and dominion of the#)anish ro'n. Cith this as basis, the #)anish government began to handle the directdistribution of )ublic lands to settlers, vassals and other )eo)le by the issuance of royal grantsand concessions in varied forms.

&t seems but only logical that tile to land must emanate from some source for it cannot 3ust issueforth from no'here. And consistent 'ith the general tendency observed in different countries, thegovernment or head of state is vested 'ith such )o'er to ma(e )ublic land grants according toexisting statutes.

Re$,lic ". Lee

68 #+A =

FAT#4 ?n June 06, 68G, Lee filed before the F& of Pangasinan, an a))lication forregistration in her favor of a )arcel of land at $agaldan, Pangasinan. The Director ofLands, filed an o))osition, alleging that neither the a))licant nor her )redecessors%in%interest have ac-uired the land under any of the #)anish titles or any other recogni*edmode for the ac-uisition of title. The F& rendered 3udgment confirming the title of thea))licants over the said )arcel of land )ursuant to the Land +egistration La'.

#!4 C?< )ublic land can be ac-uired by a )rivate )erson 'ithout any grant.

2LD4


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Ac-uisition by Public ;rant>G

The #)anish ;overnment, during their colonial rule, issued +oyal ;rants as title to the lands, todiscoverers, settlers, vassals, and other )eo)le in varied forms.

During the ommon'ealth ;overnment, the Public Land Act 'as )assed and by virtue thereof

)ublic agricultural lands 'ere distributed to citi*ens under certain conditions s)ecified therein.These lands so distributed became ultimately the )ro)erty of the distributees.

&n,Aureus v. &e!retar% o7 Agri!ulture Commer!e,>8 it 'as held that the mere filing by anindividual of an a))lication for a )ermit to occu)y a )iece of )ublic land does not create anobligation on the )art of the administrative officer concerned to grant his a))lication. &f it does,the Director of Lands or the #ecretary of Agriculture, 'ill be a mere robot of every sucha))licant. &t is discretionary in the said officials to grant or not to grant such a))lication. Chile inLu2uriaga v. Dire!tor o7 Lands,>7it 'as held that 'hen a munici)ality has used a land from timeimmemorial for recogni*ed )ublic )ur)oses based u)on a )ublic necessity, 'hich )ur)oses andnecessity 'ere formerly recogni*ed by the ;overnment as a basis for a grant of land to amunici)ality, a grant from the #tate in favor of the munici)ality is )resumed.

*roo7 o7 a!9uisition 7rom t+e state

0 Prescri)tion

Land o'nershi) and other real rights or obligations may be ac-uired through the la)se of time, inthe manner and action laid do'n by la'. All things 'hich are 'ithin the commerce of men aresusce)tible of )rescri)tion, unless other'ise )rovided. Thus, the )eaceful and adverse )ossessionof land that is continuous and uninterru)ted for a certain )eriod of time may be converted intoo'nershi) of the land.02o'ever, )ro)erty of the #tate or any of its subdivisions not )atrimonialin character shall not be the ob3ect of )rescri)tion.=

106 PMA, +;T+AT&?< ?FLA


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The claim of o'nershi)must be in the conce)t of o'ners, adverse, )ublic and )eaceful. /

Ac-uisitive )rescri)tion is either ordinary or extraordinary. G The la' fixes ten > years byordinary )rescri)tion, that is, 'ithout need of title and good faith, 8 and thirty => years byextraordinary )rescri)tion, 'ithout need of title and good faith.7

For ordinary )rescri)tion, the follo'ing re-uisites must concur4 a)acity to ac-uire by

)rescri)tion@ 0 the ob3ect must be susce)tible of )rescri)tion@ = The )ossession must be inconce)t of o'ner, )ublic, )eaceful, continuous and uninterru)ted@ The )ossession must be ingood faith@ / The )ossession must be by virtue of a 3ust title@ and G The )eriod of )ossessionmust be years if the ob3ect is movable or ten years if it is immovable.

&n extraordinary ac-uisitive )rescri)tion, the follo'ing must concur4 a)acity to ac-uire by)rescri)tion@ 0 The ob3ect must be susce)tible of )rescri)tion@ = The )ossession must be in theconce)t of o'ner, )ublic, )eaceful, continuous, and uninterru)ted@ and The )eriod of)ossession must be 7 years if the ob3ect is movable or => years if it is immovable.6

The good faith of the )ossessor consists in the reasonable belief that the )erson from 'hom hereceived the thing 'as the o'ner thereof, and could transmit his o'nershi).0>&n its negative

as)ect, it consists in the ignorance of the )ossessor of any fla' 'hich 'ould invalidate his title ormode of ac-uisition.0

For )ur)oses of )rescri)tion, there is 3ust title 'hen the adverse claimant came into )ossession ofthe )ro)erty through one of the modes recogni*ed by la' for the ac-uisition of o'nershi) orother real rights, but the grantor 'as not the o'ner or could not transmit any right.00&ts re-uisitesare4 &t must be 3ust@ 0 it must be true@ = it must be valid@ it must be )roved. 0=Actual)ossession of land consists in the manifestation of acts of dominion over it of such a nature as a)arty 'ould naturally exercise over his o'n )ro)erty. The general rule is that the )ossession andcultivation of a )ortion of a tract under claim of o'nershi) of all is a constructive )ossession ofall, if the remainder is not in the adverse )ossession of another. 0 2o'ever, the )eriod of)ossession in ac-uisitive )rescri)tion may be interru)ted naturally, civilly, or by ex)ress or tacit

recognition by the )ossessor of the o'nershi).0/&n extinctive )rescri)tion, interru)tion mayoccur 'hen they are filed before the court, 0 'hen there is a 'ritten extra%3udicial demandby the creditors, and = 'hen there is any 'ritten ac(no'ledgment of the debt by the debtor. 0G

Cith such conversion, )ro)erty may no' fall 'ithin the contem)lation of 9)rivate lands: under#ection 0, and may be registered even if the )ossession commenced on a date later than thedate of enactment of the Pro)erty +egistration Decree.08

114 &upra note 0G.115


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#uch does not )reclude the a))lication for registration of alienable lands of the )ublic domain,)ossession over 'hich commenced after the abovementioned date, considering #ection 0 ofthe Decree 'hich governs and authori*es the a))lication of 9those 'ho have ac-uired o'nershi)of )rivate lands by )rescri)tion under the )rovisions of existing la's.: Chile as a rule,)rescri)tion does not run against the #tate, the exce)tion is 'here the la' itself ex)ressly)rovides. An exam)le is said #ection 0 'hich s)ecifically allo's -ualified individuals to

a))ly for the registration of )ro)erty, o'nershi) of 'hich he has ac-uired by )rescri)tion underexisting la's.072o'ever, a )ro)erty registered under the )rovisions of P.D. /06 is not sub3ectto )rescri)tion. Also, )rescri)tion is unavailing not only against his hereditary successors becausethe latter merely ste) into the shoes of the decedent by o)eration of la' and are merely thecontinuation of the )ersonality of their )redecessor%in%interest.06

$oreover, it 'as held that 9a )ersonIs )ossession of a )arcel of land covered by a TT cannotrender nugatory the right of the holders of a certificate of title. The reason is that )rescri)tiondoes not run against registered land. A title, once registered, cannot be defeated even by adverse,o)en, and notorious )ossession. $oreover, in asserting o'nershi) by donation, )etitioners 'erein effect assailing the title of res)ondents. A Torrens title cannot be collaterally attac(ed, the issueon its validity can only be raised in an action ex)ressly institute for that )ur)ose.: =>A )ossessor

of land 'ho may not be the o'ner, after a la)se of a certain )eriod )rescribed in the la', mayassert o'nershi) thereof as against anyone exce)t the true o'ner or one 'ith a better title basedon an earlier )ossession 'hich he had not abandoned. Adverse )ossession or )rescri)tion doesnot run against )rivate lands brought under the o)eration of the Torrens system, nor against)ublic land exce)t 'here the la' ex)ressly so )rovides.=

For )ur)oses of )rescri)tive )ossession, there is 3ust title mode 'hen the adverse claimant cameinto )ossession of the )ro)erty thru any of the modes allo'ed by la' for the ac-uisition ofo'nershi) or other real rights. These are enumerated in Titles to /, Boo( &&& of the ivil ode,namely@ a occu)ation, b intellectual creation, c la', d donation, e succession testate orintestate, f in conse-uence of certain contracts, by tradition, and g )rescri)tion.=0

&n com)uting for )rescri)tion, the )resent )ossessor may com)lete the )eriod necessary for)rescri)tion by tac(ing his )ossession to that of his grantor or )redecessor%in%interest. &t is)resumed that the )resent )ossessor 'ho 'as also the )ossessor at a )revious time, has continuedto be in )ossession during the intervening time, unless there is )roof to the contrary.==Possessionin 'artime, 'hen the civil courts are not o)en, shall not be counted in favor of the adverseclaimant.=

Prescri)tion does not run bet'een husband and 'ife. ven though there be a se)aration of)ro)erty agreed u)on in the marriage settlement or by 3udicial decree.


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Chile )rescri)tion, as a rule, does not run in favor of a co%o'ner as long as he ex)ressly orim)liedly recogni*ed the co%o'nershi), it may ta(e )lace 'here it is clearly sho'n that the co%o'ner has re)udiated the co%o'ershi), and that the other co%o'ners 'ere a))raised of there)udiation.=G

Persons 'ith ca)acity to alienate )ro)erty may renounce )rescri)tion already obtained, but not

the right to )rescribe in the future. Prescri)tion is deemed to have been tacitly renounced 'henthe renunciation results from acts 'hich im)ly the abandonment of the right ac-uired.=8

Laches should not be confused 'ith )rescri)tion. Laches is different from, and a))liesinde)endently of, )rescri)tion. Chile )rescri)tion is concerned 'ith the fact of delay, laches isconcerned 'ith the effect of delay. Prescri)tion is a matter of time@ laches is )rinci)ally a-uestion of ine-uity of )ermitting a claim to be enforced, this ine-uity being founded on somechange in the condition of the )ro)erty or the relation of the )arties. Prescri)tion is statutory@laches is not. Laches a)llies in e-uity, 'hereas )rescri)tion a))lies at la'. Prescri)tion is basedon a fixed time@ laches is not.=7

= Accretion

Accretion is the )rocess 'hereby the soil is de)osited. =6&t is the act by 'hich the land borderinga stream or other body of 'ater increases its area by the gradual de)osit of soil or sea'eeds bythe current of the river or other natural )rocess.>

Article /8 of the ivil ode )rovides that 9to the o'ners of lands ad3oining the ban(s of riversbelong the accretion 'hich they gradually receive from the effects of the current of the 'aters.:As a mode of ac-uiring )ro)erty under Article /8 of the ivil ode, there are three re-uisites'hich must concur before an accretion is said to have ta(en )lace4

a The accumulation of soil or sediment must be gradual and im)erce)tible@b That it be made through the effects of the current of the 'ater@ and

c That the land 'here accretion ta(es )lace is ad3acent to the ban(s of the rivers.

These are called the rules on alluvion 'hich if )resent in a case, give to o'ners of lands ad3oininghe ban(s of rivers or streams any accretion gradually received from the effects of the current'aters.0Alluvion is the soil de)osited on the estate fronting the river ban(.=

&n order to ac-uire land by accretion, there should be a natural and actual continuity of theaccretion to the land of the ri)arian o'ner. The re-uirement that the de)osit should be due tothe effects of the current of the river is indis)ensable. Alluvion must be the exclusive 'or( ofnature. / A ri)arian o'ner then does not ac-uire the additions to his land caused by s)ecial

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'or(s ex)ressly intended or designed to bring about accretion. G There must be evidence to)rove that the addition to the )ro)erty 'as made gradually through the effects of the current ofthe river.8

&n the absence of evidence that the change in the course of the river 'as sudden or that it occurredthough avulsion, the )resum)tion is that the change 'as gradual and caused by accretion and

erosion.7Acts of )ossession exercised over bordering land are al'ays understood legally tocover that )ortion added to the )ro)erty by accretion.6 ?ne must )rove his claim by a)re)onderance of evidence./>

The fact that the accretion to oneIs land used to )ertain to anotherIs estate, 'hich is covered by aTorrens certificate of title, cannot )reclude the former from being the o'ner thereof. +egistrationdoes not )rotect the ri)arian o'ner against the diminution of the area of his land through gradualchanges in the course of the ad3oining stream. Accretions 'hich the ban(s of rivers maygradually receive from the effect of the current become the )ro)erty of the o'ners of the ban(s.#uch accretions are natural incidents to land bordering on running streams and the )rovisions ofthe ivil ode in that res)ect are not affected by the Pro)erty +egistration Decree./

+i)arian o'ners are un-uestionably o'ners of the alluvial de)osits on their lands caused by thecurrent of the river, and the area 'ithin the boundaries thereof )revail over that 'hich the titlesho's./0The reason behind the la' giving the ri)arian o'ner the right to any land or alluvionde)osited by a river is to com)ensate him for the danger of loss that he suffers because of thelocation of his land. /=

Accretion does not become automatically registered land 3ust because the lot 'hich received suchaccretion is covered by a Torrens title. ?'nershi) of a )iece of land is one thing, registrationunder the Torrens #ystem of o'nershi) is another./As such, it must also be )laced under theo)eration of the Torrens system.//

Alluvial formation along the seashore is )art of the )ublic domain and, therefore, not o)en to

ac-uisition by adverse )ossession by )rivate )ersons. #ince the land is foreshore land or )ro)ertyof )ublic dominion, its dis)osition falls under the exclusive su)ervision and control of the Lands$anagement Bureau. !ntil a formal declaration on the )art of the ;overnment, through theexecutive de)artment or the legislature, to the effect that land is no longer needed for coast guardservice, for )ublic use or for s)ecial industries, they continue to be )art of the )ublic domain, notavailable for )rivate a))ro)riation or o'nershi). The ad3oining registered o'ner of foreshoreland cannot claim o'nershi) thereof by right of accretion./G

+eclamation/8

146 +e)ublic v ourt of A))eals and Tancinco, ;+


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This method suggests the filling of submerged land by deliberate act and reclaiming title thereto.&n the Phili))ines, there is no la', ex)ress or im)lied 'hich grants to o'ners of ad3acent u)landthe right to fill the ad3acent land under 'ater. +eclaimed lands may ho'ever, be declared by thegovernment as )ro)erty of the ad3oining o'ners and as such increment thereto only 'hen it is nolonger necessary for )ublic use. +eclamation )ro3ects may be underta(en for the establishment of

residential, commercial or industrial sites, construction or extension of roads, 'harves or )iers,airfields, )ar(s, )laygrounds, )la*as, mar(et )laces, etc.

+e)ublic Act


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;amboa, the re-uisites of tradition are4 9 the transferor is the o'ner of the )ro)erty transferredand has the ca)acity and intention to grant@ 0 the transferee has the ca)acity to ac-uire the)ro)erty@ = there is 3usta causa or valid means of transfer such as the contract of sale, barter orlegacy@ and the actual transfer of )ossession to the transferee is manifested by some out'ardact.:G

G &nvoluntary Alienation

This method of transfer does not re-uire the consent or coo)eration of the o'ner of the land, and,in fact, is usually carried out against his 'ill. For the more common forms of involuntaryalienation, 'e have them in connection 'ith 3udgments of the courts in ex)ro)riation orcondemnation )roceedings. Land is forcibly ac-uired by the state through the exercise of eminentdomain, or by 'ay of escheat or forfeiture. &t may also be confiscated, sei*ed or attached, andsubse-uently sold at )ublic auction to the highest bidder. Ce have the execution sale by thesheriff to satisfy a money 3udgment, the tax sale to satisfy un)aid taxes and )enalties, the auctionsale by a )ublic officer in foreclosure of mortgage. #ome authorities even consider the sale of)ro)erty under s)ecial order of the court for and in behalf of a minor or a )erson under legaldisability as falling 'ithin the category of involuntary alienation in the same 'ay as a sale by

3udicial administrator or executor of an estate of a decedent. !nder this mode of ac-uiring land,the )urchasers are generally sub3ect to the rule of caveat em)tor.G0

8 Testate and &ntestate #uccession

Transfer of title by testate or intestate succession is governed by the ivil La'. Title to land isac-uired by descent in case an heir succeeds the deceased o'ner in intestacy or by reasons ofcertain relationshi) 'hich entitles him to succeed by o)eration of la'. To be an heir, it re-uires acertain degree or relationshi) 'ith the decedent.

A lando'ner may execute his last 'ill and testament designating his heir and legatee 'ho shallreceive the res)ective )ortions of his estate )ursuant to la'. G=

The testator cannot dis)ose of that )ortion of his estate called Legitime 'hich is reserved for hiscom)ulsory heirs, namely4 the legitimate children or descendants, legitimate )arents andascendants, his 'ido'@ ac(no'ledged natural children, and natural children by legal fiction as'ell as illegitimate children. G

Chen a )erson dies 'ithout a 'ill, or the 'ill does not institute an heir to the )ro)erty or thetestator, or no one succeeds under the 'ill, intestate succession shall ta(e )lace. G/ !nder thissystem, his legitimate children and descendants succeed him, follo'ed by his )arents, mother andfather, 'ho inherit in e-ual shares@ or 'hen they are both dead, the illegitimate children, orac(no'ledged natural children, the natural children by legal fiction and adulterous childrensucceed in this order. Finally, the #tate inherits 'hen the ascendants and descendants of the

testator do not exist.GG

161 F&LA$?+, +AL#TATLAC,supra note , at /.162


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Professor ;amboa summari*es the order of intestate succession, thus4 legitimate children andtheir descendants@ 0 legitimate )arents and descendants@ = illegitimate children and theirdescendants@ surviving s)ouse 'ithout )re3udice to the rights of brothers and sisters@ /collateral relatives 'ithin the fifth /th degree@ and G the #tate. G8

&n Austria v. Re%es G7 the #u)reme ourt enunciated that testacy is favored and doubts are

resolved on the side, es)ecially 'here the 'ill evinces an intention on the )art of the testator todis)ose of )ractically his 'hole estate. Furthermore, so com)elling is the )rinci)le that intestacyshould be avoided and the 'ishes of the testator allo'ed )revailing, that 'e could even vary thelanguage of the 'ill for the )ur)ose of giving it effect.

#uccession by Devise

?ne succeeds by devise 'hen he ac-uires land from one 'ho may not be a relative, if he isnamed by the latter in his last 'ill and testament to succeed as such. ven a stranger may ac-uiretitle by devise if a))ro)riate dis)osition has been made in his favor by the testator in the latterIs'ill. Chere the heirs entitled 'ould so )refer, title to land under this method may formally betransferred 'ithout )roceeding in court. !nder the )rovisions of +ule 8, #ection , of the +ules

of ourt, they may agree u)on an extra3udicial settlement or )artition of the estate of thedecedent, )rovided there are no debts left by him 'hich remain unsettled.

Documents

Handbook on the Philippine Law on Land Ownership and Registration