PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

HISTORICAL BACKGROUND ACT NO. 926 – the first Public Land Act, Prescribed rules and regulation of the homesteading, selling and leasing of portions of the public domain, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the islands

Also provided for the issuance of patents to certain native settlers upon public lands for the establishment of town sites and sale of lots therein, for the completion of imperfect titles and for the cancellation or confirmation of Spanish concessions and grants in the islands

ACT NO. 2874 - The second Public Land Act was more comprehensive in scope but limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave Filipinos same privileges.

PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

- Enacted on November 7, 1936- Grants of public lands are brought under the

operation of the Torrens system of registration.- Its provisions govern the classification and

disposition of lands of the public domain other that timber and mineral lands.

Note: Public land patents when duly registered are veritable Torrens titles, they become private property which can no longer be subject of subsequent disposition by the Director of Lands.

POLICY CONSIDERATIONS

STATE - Shall ensure, for the benefit of the Filipino people,

the full exploration and development as well as the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters and other natural resources, consistent with the objective of making the exploration, development and utilization of such natural resources equitably accessible to the different segments of the present as well as future generations.

- Shall recognize and apply a true value system that takes into account social and environmental cost implications relative to the utilization, development and conservation of our natural resources

DEPARTMENT OF ENVIRONMENT AND NATURAL REOURCES (DENR)

- Shall be primarily responsible for the implementation of the foregoing policy.

- Shall be incharge of carrying out the State’s constitutional mandate to control and supervise the exploration, development, utilization, and conversion of the country’s natural resources.

PUBLIC LANDS: ALIENABLE AND DISPOSABLE LANDS IN GENERAL

Public Lands refers to such lands of the public domain as are subject to alienation and disposal of the State in accordance with the Public Land Act.

REGALIAN DOCTRINE (Section 2, Article XII)

- All lands and other natural resources are owned by the State.

- All lands not appearing to be clearly of private dominion presumptively belong to the State.

- Public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain.

- It reserves to the State all natural wealth that may be found in the bowels of the earth even if the land where the discovery is made private.

ALIENATION OF NATURAL RESOURCESGeneral Rule:  All natural resources

CANNOT be alienated Exception:  Agricultural lands

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 the state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements.

DISTINCTION BETWEEN IMPERIUM AND DOMINIUM.

Imperium - Government authority possessed by the State which is appropriately embraced in sovereignty.

Dominium - The capacity of the State to own and acquire property.- It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources.

Note: No public land can be acquired by private person without any grant, express or implied, from the government.

THE IPRA AND NATIVE TITLE OVER ANCESTRAL LANDS AND ANCESTRAL DOMAINS

Indigenous people may obtain the recognition of ownership over ancestral lands and ancestral domains by virtue of native title; this is an exception to the theory of jura regalia.

ANCESTRAL LANDS – It refers to lands occupied by individuals, families and clans who are members of indigenous cultural communities

Public Land Act 1

including residential lots, rice terraces or paddies, private forest, swidden farms and tree lots.

- These lands required to have been occupied, possessed and utilized by them or through their ancestors since time immemorial, continousluy to present.

ANCESTRAL DOMAIN – areas generally beloning to indigenous cultural communities, including ancestral lands, forest, pasture, residential and agricultural lands, hunting grounds, worship areas, and lands no longer occupied exclusively by indigenous cultural communities but to which they had traditional access, particularly the home ranges of indigenous cultural communities who are still nomadic or shifting cultivators.

- Also include inland waters, coastal areas and natural resources therein.

Note: State policy – recognition and protection of the rights of idigenous peoples to preserve abd develop their cultures, tradtions, and institutions are the vital concerns of the State. (RA 8371, IPRA)

RESERVATION OF LANDS OF THE PUBLIC DOMAIN ARE VALID ASSERTION OF REGALIAN RIGHT

Presidential proclamations reserving certain lands of the public domain for specific purposes have the character of official assertion of ownership, and the presumption is that they have been issued by right of sovereignty and in the exercise of the State’s dominical authority. These proclamations are matters not only judicial notice but are accepted as in the nature of a valid asservation of Regalian right right over the property.

ORGANIZATIONAL STRUCTURE - OFFICERS CHARGED WITH THE ADMINISTRATION OF PUBLIC LANDS

Secretary of Natural Resources – chief executive officer charged to carry out the provisions of the Public Land ActDirector of Lands- under the immediate supervision of the DENR Secretary

Duties:

a. Direct executive control over surveys, classifications, leases, sales and other forms of concession or disposition and management of public lands;

b. Preparation and issuance of forms, instructions, rules and regulations as may be necessary and proper to carry into effect the provisions of the Public Land Act, and for the conduct of proceedings arising thereunder, subject to the approval of the Secretary( Commonwealth Act No. 141, sections 3,4, and 5)

c. Quasi-judicial officer- he makes findings of fact and even passes upon questions of mixed fact and law, and considers and decides the qualifications of applicantsfor the purchase of public lands.

Note: The decision on the construction of the Public Land Act are entitled a great respect by the courts.

The decisions of the Director of Lands as to question of facts are conclusive when approved by the Secretary (Doctrine of Primary Jurisdiction)

d. He represent the state in a reversion proceedings and may file an action for the cancellation of patent and title acquired through fraud

e. Regulate the occupation or provisional use of public lands

Note: For administration purposes, land districts have been established throughout the Philippines, each district is headed by a local land officer embracing one province

DOCTRINE OF PRIMARY JURISDICTION - if a case is such that its determination requires the expertise, specialized training and knowledge of the proper administrative bodies, relief must first be obtained in an administrative proceeding before a remedy is supplied by the courts even if the matter may well be within their proper jurisdiction.

EXHAUSTION OF ADMINISTRATIVE REMEDIES – courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. 

Courts cannot or will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal prior to the resolution of that question by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact

Exception:

- Where there is estoppel on the part of the party invoking the doctrine;

- Where the challenged administrative act is patently illegal, amounting to lack of jurisdiction

- Where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant

- Where the amount involved is relatively small so as to make the rule impractical and oppressive

- Where the question involved is purely legal and will ultimately have to be decided by the courts of justice

- Where judicial intervention is urgent- When its application may cause great and

irreparable damage- Where the controverted acts violate due

process- When the issue of non-exhaustion of

administrative remedies has been rendered moot

- When there is no other plain, speedy and adequate remedy

- When strong public interest is involved; and,- In quo warranto proceedings.  

Public Land Act 2

CLASSIFICATION OF LANDS

Lands of public domain - either alienable or inalienable

Lands of private domain - refers to land belonging to and owned by the State as a private individual, without being devoted of national wealth

- similar to patriomonial properties of the State

CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN UNDER THE CONSTITUTION

SECTION 3.  LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO:

- Agricultural- Forest/timber- Mineral lands &- National Parks

Note: Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR and not to the court.

- Classification is descriptive of the legal nature of the land and NOT what it looks like.  Thus, the fact that forest land is denuded does not mean it is no longer forest land.

CLASSIFICATION OF ALIENABLE AND DISPOSABLE LANDS

For the administration and disposition of alienable and disposable lands, they are classified under the Public Land Law according to the use and purposes to which such lands may be destined, as follows:

- Agricultural ( farm land)- Residential, commercial, industrial, or for similar

productive purposes;- Educational, charitable, or other similar purposes;

and- Reservations for town sites and for public and quasi-

public uses

The President upon recommendation of the Secretary of DENR is authorized to make the above classification as well as to transfer lands from one class to another from time to time as circumstances may warrant ( CA No. 141., Sec. 9)

Under the Revised Administrative Code, alienable lands of the public domain may be ordered reserved by the President for specific purpose or service

Old Constitution: they all form under the category of agricultural lands, they not being forest nor mineral lands.

Under Public Land Act term “agricultural” is used in a limited sense, and is meant distinctly as a farmland.

CLASSIFICATION OR RECLASSIFICATION OF PUBLIC LANDS AN EXECUTIVE PREROGATIVE – not the courts. (Section 6 of CA No. 141)

Before the government could alienate or dispose lands of the public domain, the President must first officially classify these lands as alienable and disposable, and declare them open to disposition or concession.

GOVERNMENT LAND AND PUBLIC LANDS DISTINGUISHED (PL = PD) (GL ≠PL)

Public Land - is equivalent to Public Domain, includes lands open to private appropriation and settlement by homestead and other like general laws.

Government Land – more extensive and embraces not only the public land but also other lands of the government already reserved or devoted to public use or subject to private right.

PREREQUISITE FOR DISPOSITION

Before any public land may be alienated or disposed of, it is indispensable that there be a formal declaration by the President upon recommendation of the Secretary of DENR to the effect that such lands are open to disposition or concession, and whenever practicable the lands should have been previously surveyed.

Alienation or disposition or concession as used in Public Land Act is meant any of the methods authorized by the said law for the acquisition, lease, use or benefit of the lands of the public domain other than timber or mineral land.

Modes of Disposition1. For homestead settlement2. Sale3. Lease4. Confirmation of imperfect or incomplete titlea. Judicial legalizationb. Administrative legalization ( free patent)

HOMESTEAD SETTLEMENT Entitled to Patent:

- Any citizen of the Philippines over 18 or head of the family may enter a homestead of not exceeding 12 hectares of agricultural land of public domain.

- The applicant must, cultivate or improved at least 1/5 of the land continuously since the approval of the application.

- Must resided for at least 1 year in the municipality or municipality adjacent in which the land is located.

- Payment of required fee

EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS

- When a homesteader has complied with all the terms and conditions which entitle him to a patent for a particular tract of public land, he acquires a vested interest therein, and is to be regarded as the equitable owner thereof

- The execution and delivery of the patent, after the right to a particular piece of land has become complete, are the mere ministerial acts of the officer charged with that duty

- Even without the patent, a perfected homestead is a property right in the fullest sense, unaffected by the

Public Land Act 3

fact that the paramount title to the land is still in the government

TRANSFER OF RIGHTS- The applicant must prove to the Director of Lands

that he has already complied with all the requirements of the law and can no longer continue with this homestead, and there is a bona fide purchaser for the rights and improvements of the applicant on the land.

- Upon the approval of the Director of Lands, may transfer his rights to the land and improvements to any person legally qualified to apply for a homestead.

- Immediately after such transfer, the purchaser shall file a homestead application to the land.

Note: Any person who has transferred his right may not again apply for a new homestead. Every transfer without the approval of the Director of Lands shall be null and void and shall result in the cancellation of the entry and the refusal of patent.

SALE OF PUBLIC AGRICULTURAL LANDS

- Any citizen of lawful age or the head of the family may purchase any tract of public agricultural land not to exceed 12 hectares which shall be sold through sealed bidding

- The land shall be awarded to the highest bidder, but the applicant may equal the highest bid

- The purchase price may be paid in full upon the making of the award or in not more than 10 equal annual installments from the date of the award

- It is required that the purchaser shall have not less than 1/5 of the land cultivated within 5 years from the date of the award, and before any patent is issued, he must show actual occupancy, cultivation and improvement of at least 1/5 of the land until the date of final payment

LEASE

Any corporations or associations at least 60% of capital stock belong wholly to Filipino citizens, may lease any tract of agricultural public land available for lease.

FOR PRIVATE CORPORATIONS OR ASSOCIATIONS

- They can only hold alienable lands of the public domain BY LEASE

- Cannot exceed 25 years, renewable for not more than 25 years

- Lease cannot exceed 1,000 hectares

FOR FILIPINO CITIZENS- Can lease up to 500 hectares- Can ACQUIRE not more than 12 hectares by

purchase, homestead or grant.- Taking into account the requirements of

conservation, ecology and development, and subject to the requirements of agrarian reform, Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or lease and the conditions therefore.

CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE - JUDICIAL LEGALIZATION

REQUISITE FOR AVAILMENT:- The applicant must be a Filipino citizen- He must have, by himself or through his

predecessors in interest, possessed and occupied an alienable and disposable agricultural portion of public domain.

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

- The application must be filed with the proper court

Period of possession: June 12, 1945Additional requirement: (Class Discussion)Witness: At least 10 years old in the year of 1945. Tax declaration

Note: Limiting the are applied for to 12 hectares, lands must be occupied by himself or through his predecessors in interest, possessed and occupied an alienable and disposable agricultural portion of public domain. Land must be alienable and disposable at the time of the application for confirmation is filed. Land not registrable as when it forms part of the public forest. ONLY AGRICULTURE LANDS MAY BE SUBJECT OF ALIENATION.

CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE - ADMINISTRATIVE LEGALIZATION ( FREE PATENT)

Any natural born citizen of the Philippines who is the owner of more than 12 hectares and who, for at least 30 years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated, either by himself or through his predecessors-in interest a tract or tracts of agricultural public lands subject to disposition, who shall have paid the real estate tax thereon while the same hasn’t been occupied by any person shall be entitled, under the provisions of this Chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed 12 hectares.

CLASSIFICATION AND DISPOSITION OF LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES - is governed by Chapter 9 of the Public Land Act

Lands are classified as:

- Lands reclaimed by the government by dredging, filling or other means;

- ForeshoreNote: The first two shall be disposed of by lease only

- Marshy lands or lands covered with water bordering on the shores or banks of navigable lakes or rivers

- Lands not included in any of the foregoing classesNote: The last two may be sold with the condition that the purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased within 18 months from the date of the award.

Public Land Act 4

LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES SHALL BE DISPOSED OF THROUGH ORAL BIDDING (SECTION 67, CA 141) EXCEPTION (DIRECT SALE)

Republic Act 730 allows the direct sale of public lands for residential purposes to qualified applicants under certain conditions:

- Filipino citizen of legal age- Must not be the owner of a home lot in the

municipality or city in which he resides- Have established in good faith his residence on a

parcel of public land which is not needed for public service

- Have constructed his house and actually resided therein

If the applicant complies with the above, he is given preference to purchase at a private sale not more than 1000 sq.m. of land at a price to be fixed by the Director of Lands.

SALE OF LANDS WITHIN MILITARY RESERVATIONS

- Pursuant to Republic Act 274, lands within military reservations when declared by the President as no longer needed for military purposes may be subdivided by the Director of Lands and thereafter sold to persons qualified to acquire agricultural public lands under the Public Land Act, with priority given to bona fide occupants and then to war veterans

- The area shall be determined by the Director of Lands according to the nature of the land, the number of prospective applicants, and the purposes for which it will be utilized.

LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES

The President upon recommendation of the Secretary of Environment and Natural Resources may execute contract for sale or lease a portion of public land when needed by any province, municipality, or other branch or subdivision of the government, for the purpose of founding a cemetery, church, college, school, university, or other institutions for educational, charitable, or philanthropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purposes

- The Secretary of DENR may order the sale to be made without public auction, at a price fixed by him.

RESERVATIONS

TOWNSITE RESERVATION

- Whenever it shall be considered to be in the public interest to found a new town. The Secretary of Environment and Natural Resources shall direct the Director of Lands to have a survey of the exterior boundaries of the site on which such town is to be

established, and upon the completion of the survey he shall send the same to said Secretary, with his recommendations.- The Secretary, if he approves the recommendations of the Director of Lands, shall submit the matter to the President to the end that the latter may issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site.

RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES

- Upon the recommendation of the Secretary of DENR, the President may designate by proclamation any tract/s of land of the public domain as reservations for the use of the RP or any of its branches, or of the inhabitants thereof, in accordance with the regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it

- A certified copy of this proclamation shall be forwarded to the Register of Deeds of the province or city where the land lies

- Upon receipt of such copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not been yet surveyed, and as soon as the plat has been completed, he shall proceed in accordance with the next following section

- The tract/s reserved shall be non-alienable and shall not be subject to any occupation, entry, sale, lease, or other disposition until again declared as alienable and disposable

SPECIAL PATENTS

Patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a reservation of lands of the public domain and is issued upon the promulgation of a special law or act of Congress or by the DENR Secretary as authorized by the President.

REGISTRATION OF PATENTS AND ISSUANCE OF CERTIFICATES OF TITLES

The patent or grant shall not take effecr as a conveyance or bind the land but shall operate only as a contract between the government and the grantee. It is the act of registration that conveys or affects the lands, and binds third person.

CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT INDEFEASIBLE

- Registered owners under Torrens System, gives security over the ownership of the land, it becomes private property and it is no longer subject to the disposition of the Director of Lands.

- It has in its favor the presumption of regularity- It becomes incontrovertible upon the expiration of 1

year from the date of the order for issuance of the

Public Land Act 5

patent, hence, prescription cannot operate against the registered owner.

TITLE NOT DEFEATED BY ADVERSE, OPEN AND NOTORIOUS POSSESSION. NEITHER CAN IT BE DEFEATED BY PRESCRIPTION. A CERTIFICATE TITLE CANNOT BE COLLATERALLY ATTACKED.

CADASTRAL REGISTRATION PROCEEDINGS

CADASTRAL PROCEEDINGS (PANG MALAWAKAN TO!)

- Upon the initiative of the government- To have titles to all lands in the stated area

adjudicated- Public interest demands that titles to any

unregistered land settled and adjudicatedThe principal aim is to settle as much as possible all disputes over the land and to remove all clouds over the land titles as far as practicable, in a community

- Nature of a proceeding in rem

FRIAR LANDS

- Private lands purchased by the government for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act

- These lands are not public lands but private and patrimonial lands of the government

- The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant

- The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate

- The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full

REVERSION – fraud had been committed in securing such title.

Reversion of land acquired through fraudThe uncontroverted rule is that, the doctrine of indefeasibility of Torrens Title does not bar the filing of an action for cancellation of title and reversion of land even if more than one year has elapsed from the issuance of the free patent in case of fraud in obtaining it.

DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS

- It is not only the right but also the duty of the Director of Lands to conduct the investigation of any alleged fraud in securing the free patent and the corresponding title to a public land and to file the corresponding court action for the reversion of the same to the State, if the facts disclosed in the course of such investigation should so warrant.

- The indefeasibility of title over land previously public is not a bar to an investigation by the Director of Lands as to how such title has been acquired, if the purpose of such investigation is to determine whether or not fraud had been committed in securing such title in order that that the appropriate action for reversion may be filed by the government.

GOVERNMENT MAY INITIATE ACTION FOR CANCELLATION OF TITLE AND REVERSION

- Section 101 of Public Land Act provides for a remedy whereby lands of the public domain fraudulently awarded to the applicant may be recovered or reverted back to its original owner, the government

- Office of Solicitor General shall represent the government in all land registration and related proceedings and institute actions for the reversion to the government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution

- It is improper for the government to file an action for reversion of land titled to defendant pursuant to a free patent where the alleged fraud consists in the fact that said land, at the time of issuance of the free patent was no longer a part of the public domain, having been adjudicated as private property of another person in a previous registration case

- An action for reversion on the ground that defendant obtained patent through fraud would also fail where the land had successively been sold by the heirs of the patentee to third parties who are holding Torrens titles and enjoying the presumption of good faith

-Private parties cannot challenge the validity of the patent and title when they are not registered owners thereof nor had they been declared the owners as owners in the cadastral proceedings— whether the grant was in conformity with the law or not is a question which the government may raise, but until it is raised by the government and set aside, the defendant cannot question it. The legality of the grant is a question between the grantee and the government.

ACTION FOR NULLITY OF LAND TITLES DISTINGUISHED FROM REVERSION

The difference between them lies in the allegations as to the character of the ownership of realty whose title is sought to be nullified.

Reversion - pertinent allegations in the complaint would admit State ownership of the disputed land. The portion affected by the amendment would revert back to the public domain.

Action for declaration of nullity of free patent and certificate title – the land is beyond the jurisdiction of the Director of Lands to bestow and whatever patent or certificate title therefore is consequently void ab initio. The real party in interest is not the State but the plaintiff who alleges pre existing right of ownership over the parcel of land in question even the grant of title to the defendant.

Note: Beyond the jurisdiction of Director of Lands because the land is private owned already.

Public Land Act 6

WHERE REVERSION IS IMPROPER

In the case of Republic v. Umali, the government sought for the reversion of parcel of land on the ground that the original sale thereof from the government was based on a forgery and therefore void ab initio. However, the respondents are transferees, claiming to be innocent purchasers. Since the respondents are transferees in good faith and for value and for value and that the original acquisition thereof, although fraudulent, did not affect their own titles.

Note: Reversion does not apply to transferees, who are innocent purchasers. It only applies to applicant who committed fraud in securing such title.

PRIVATE PARTY CANNOT BRING ACTION FOR REVERSIONIf there has been any fraud or misrepresentation in obtaining the title, an action for reversion instituted by the Solicitor General would be the proper remedy

ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION, LACHESStatute of limitations doesn’t run against the State

ACTION FOR CANCELLATION OF TITLE

Proper when a private party claims ownership of the land as private property by virtue of a long period of possession and hence, no longer deemed a part of the public domain which could be disposed of under the provisions of the Public Land Act, or when the land is already covered by a previously issued certificate of title.

ACTION FOR RECONVEYANCE – BRING THE LAND BACK TO THE OWNER.

- Legal and equitable remedy granted to the rightful owner of the land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him

- After one year from the issuance of the decree, may bring action for reconveyance of the propertyOnly to show that the person who secured the registration of the questioned property is not the real owner thereof

- Seeks to transfer or reconvey the land from the registered owner to the rightful owner

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE ISSUANCE OF DECREE

- Action for reconveyance still available as remedy- Action in personam that it is always as long as the

property has not passed to an innocent purchaser for value

RELEVANT ALLEGATIONS

- That the plaintiff is the owner of the land- That the defendant has illegally disposed him of the

same

NOTE: The nullification of defendant’s land would not result in the reversion of the land to State but remains private property, the plaintiff-claimant may seeks direct reconveyance.

COURTS HAVE JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDS

- Even pending the investigation of, and resolution on, an application by a bona fide occupant, by the priority of his application and record of his duty, he acquires a right to the possession of the public land he applied for against any other public land applicant, which right may be protected by the possessory action of forcible entry or by any other suitable remedy that our rules provide

- The grant of power and duty to alienate and dispose of the land doesn’t divest the courts of their duty or power to take cognizance of actions instituted by settlers or occupants or applicants against others to protect their respective possessions and occupations, more especially the actions of trespass, forcible entry and unlawful detainer

Public Land Act 7