LTD Report Outline

7/30/2019 LTD Report Outline

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Who can own land and how:

I. Who can own land?

A. Preliminary Matters

Source laws:

a. PD 1529 (Property Registration Decree)

- a codification of all laws relative to the registration of property, and “supersedes all other laws relative to

registration of property”.

b. Public Land Act (CA 141)

- governs the judicial confirmation of imperfect or incomplete titles on the basis of possession and occupation

of alienable portions of the public domain in the manner and for the length of time required by law

c. Indigenous Peoples Rights Act (RA 8371)

- recognizes the rights of ownership and possession of indigenous cultural communities or indigenous

peoples to their ancestral domains and ancestral lands on the basis of native title, and defines the extent of

these lands and domains.

Registration: any entry made in the books of the registry, including both registration in its ordinary and

strict sense, and cancellation, annotation, and even 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.

Nature – torrens system of land registration is a system for the registration of title to land only, and not a

system established for the acquisition of land. It is not intended that lands may be acquired by said systmen of

registration. It is intended only that the title, which the petitioner has, shall be registered and thereby cleared

of all liens and burdens of whatsoever character, except those which shall be noted in the order of

registration and in the certificate issued.

PD 1529

Classification of Lands:

A. Registrable lands:

Only alienable lands of the public domain may be the subject of disposition.

The Public Land Act (CA 141) remains this day the existing general law governing the classification and

disposition of lands of the public domain, other than timber and mineral lands.

The president is authorized from time to time, to classify the lands of the public domain into alienable and

disposable, timber or mineral lands.

Alienable and disposable lands of the public domain are further classified into:

a)

agricultural;b) residential, commercial, industrial, or other similar purposes;

c) educational, charitable, or other similar purposes;

d) or reservations for town sites and for public and quasi-public uses.

The Secretary of DENR is the only other public official empowered by law to approve a land classification and

declare such land as alienable and disposable.

Requirements to establish classification:



Republic v Fabio GR 159589

Public lands and government land distinguished:

Montano v Insular Government GR 3714

The burden of proof in overcoming the presumption of State ownership pf lands of the public domain is on

the person applying for registration (or claiming ownership), who must prove that the land subject of theapplication is alienable or disposable. On the other hand, where there is sufficient evidence that the parcel of

land applied for is alienable and disposable and has been in the possession of the applicants and their

predecessors-in-interest since time immemorial, it becomes the diuty of the government to demonsrate that

the land indeed is indeed not alienable but is forest land.

B. Non-registrable lands

1. Property of Public Dominion

i) Land intended for public use or service not available for private appropriation

ii) Patrimonial property

iii) Water Code

iv) A and D lands held by government entities under Section 60, CA 141 cannot be alienated without approval

by Congressv) Lands titled in the name of government entities form part of the public domain

2. Forest Lands

3. Watersheds

4. Mangrove Swamps

5. Mineral Lands

6. Natural resources within ancestral domains

7. National parks

8. Military or naval reservation

9. Foreshore lands and reclaimed lands

10. Lakes

11. Navigable rivers

12. Reservations for public and semi-public purposes

B. PD 1529

Section 14: The following persons may file in the proper CFI (RTC) an application for registration 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.

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

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

Where the land has been sold under pacto de retro, the vendor a retro may file an application of 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.



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.

i) Section 14(1)

Requisites:

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

the time

b) Application for registration is filed with the proper court;

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 ownerhip; and

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

Republic v CA and Naguiat

Documents

LTD Report Outline