Beruflich Dokumente
Kultur Dokumente
Discussion Guide !
Land Title and Deeds!
I.
Land as Property !
10!
10!
10!
10!
2. Private Lands !
10!
C. Land Administration!
11!
12!
E.
13!
13!
13!
14!
II.
14!
14!
B. Spanish Period!
15!
1.
15!
1.
2.
3.
2.
15!
3.
17!
CASES:!
C. American Period!
17!
17!
18!
CASES:!
4)
5)
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6)
II.
Land Classification!
18!
A. Definition!
18!
18!
19!
1.
Classification describes the legal nature not the natural state of the
land!
19!
2.
3.
4.
19!
5.
19!
D. Classification of Lands!
19!
19!
2.
20!
3. Agricultural lands.!
20!
4. Forest Land!
20!
5. Mineral Lands!
21!
6. National Parks!
21!
CASES:!
Agencies Involved!
9) DOJ Opinion No. 23, Series of 1995.!
10) DENR vs Yap (G.R. No. 167707, October 08, 2008)
Agricultural Lands!
Agricultural Land!
11) de Aldecoa vs Insular Government (G.R. No. 3894. March 12,
Page 2 of 51
1909)!
12) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630.
November 15, 1947) !
Mineral Lands!
13) Lepanto Consolidated Mining Co. vs. Dumyung (GR No.
L-31666, April 20, 1929)!
15) Republic vs. Court of Appeals and dela Rosa (GR No.
L-43938, April 15, 1988)!
Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.!
16) Mateo Cario vs. Insular Government (212 US 449)!
17) Cruz vs. DENR Secretary (G.R. No. 135385, December 6,
2000)!
Survey Error!
18) Republic vs. Peralta, et al., En Banc (G.R. No. 150327, June
18, 2003)!
22!
22!
1.
Land Survey!
22!
2.
Survey Maps!
23!
3.
General Uses:!
23!
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4.
24!
24!
2.
25!
3.
25!
4.
Local Governments!
25!
25!
1.
25!
2.
27!
3.
27!
4.
28!
5.
29!
6.
30!
7.
31!
CASES:!
23) Case #1!
24) Case #2!
25) Case #3!
33!
33!
33!
33!
33!
34!
34!
34!
35!
5.
35!
6.
35!
6.
Qualification of Applicant!
35!
36!
37!
37!
D. Restrictions on Patents !
37!
37!
38!
38!
39!
CASES:!
26) Case #1 How to Prove that the Land is A and D Land Certification of CENRO, Surveyor!
Page 5 of 51
27) Case #2 Republic vs. de Guzman, 326 SCRA 574 (old view)
Alienable and Disposable vs. Time of Application for Registration !
28) Case #3 (New View)!
40!
CASES:!
34) Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25,
1908!
35)Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647
October 12, 1984; !
36) Republic vs. Santos III and Santos, Jr., November 12, 2012,
2012G.R. No. 160453!
37) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June
30, 1962!
41!
1. Coverage !
41!
41!
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41!
42!
42!
6. Repurchase !
42!
7. Collective Titles!
42!
42!
42!
42!
3. Ancestral Domain and the Regalian Doctrine (Cruz vs. DENR Secretary)
!
42!
42!
42!
1. General Rules!
42!
43!
CASES:!
(39) Case #1 DENR as Quasi-Judicial Office in adjudicating
public land applications !
(40) Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957;
102 Phil 706)!
(41) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934; !
(42) Custodio Mari vs. Secretary of Agriculture and Natural
Resources (G.R. No. L-5622, December 29, 1952); !
(43) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7,
1975)!
46!
46!
Page 8 of 51
Page 9 of 51
!
I.
Land as Property !
2. Private Lands !
are those lands that are owned by private persons. Private lands are originally acquired
from the State by qualified private persons (original disposition). Once acquired, it
becomes private property and it can be transferred by the owner to any person who is
allowed by the law to acquire lands.!
Private land ownership is limited to A and D lands and is primarily governed by the
following laws:!
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The Constitution!
New Civil Code of the Philippines!
Public Land Laws!
Property Registration Decree!
Agrarian Reform Laws!
Ancestral Domain Law!
C. Land Administration!
Land administration can be likened to accounting and bookkeeping, except that instead
of money, it is land that is being inventoried, accounted and booked. Land is
inventoried, accounted and booked through land survey - by dividing it into parcels or
lots for easy identification. The corresponding ownership or interest over these parcels
is also accounted and in some instances, awarded and adjudicated to the owner. The
ownership in each of these parcels are thereafter registered in the Register of Deeds.
The lands so identified, adjudicated and registered become titled lands whose
ownership are considered as indefeasible or certain. Thus, land administration
systems are not primarily concerned with general data on land but are concerned more
with detailed information of each land parcel within its jurisdiction.!
A good land administration system should have the following components to be
effective:!
Land Survey and Mapping - where land boundaries are identified and land parcels
are created;!
Land Adjudication - where interests on land are identified and ownership resolved;!
Land Registration - where land titles are created and interest on land registered in a
public registry; and!
Cadastre - is normally a parcel based and up-to-date land information system
containing a record of interests in land (i.e. rights, restrictions and responsibilities).!
The central component of an effective land administration system is the cadastre where
records on land survey, adjudication and registration are integrated. It usually includes a
geometric description of land parcels linked to other records describing the nature of the
interests, ownership or control of those interests, and often the value of the parcel and
its improvements.
It may be established for fiscal purposes (e.g. valuation and
taxation), for titling/legal purposes (transfers of land), for management of land and land
use (e.g. for planning and other administrative purposes), and for sustainable
development and environmental protection. The tax map and tax roll of the LGUs in
the Philippines is an example of a fiscal cadaster. The tax map is usually based from
the cadastral survey of the area conducted for titling purposes. !
Land administration provides for an immediate means of identifying with certainty and
accuracy the ownership and interest in a land. This information can only be provided by
an efficient land administration based on a modern and efficient system that will:!
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respectively and the judicial decrees issued by LRA. It is also responsible for the
registration of subsequent voluntary and involuntary transactions on registered
lands. (P.D. No. 1529, Property Registration Decree, 1978);!
Department of Agrarian Reform (DAR) is responsible for the agrarian reform
program of the government. It issues agrarian reform land grants in the form of
Emancipation Patents and Certificate of Land Ownership Awards that are registered
by the Registrar of Deeds. (Republic Act No. 6657/9700, Comprehensive Agrarian
Reform Law (CARL), 1988, see http://www.dar.gov.ph);!
National Commission on Indigenous People (NCIP) resolves issues on ancestral
lands. It undertakes delineation of ancestral domain land (self-delineation) and
issues CADT/Cs that are registered by the Registrar of Deeds. (Republic Act No.
8371, The Indigenous Peoples Rights Act, 1997, see http://www.ncip.gov.ph)!
The Courts (Judiciary) hear and adjudicate private claims on lands of the public
domain. Court judgment is the basis of LRA in the issuance of Decrees that are
registered by the Registrar of Deeds. (Batas Pambansa Bilang 129, Judiciary Reorganization Act, 1980 and P.D. No. 1529, Property Registration Decree, 1978)!
Local Government Units (LGUs) issue tax declarations, prepare tax maps, zoning
ordinances, conversions of lands and perform other land management functions.
(Republic Act No. 7160, The Local Government Code, 1990)!
E.
of Deeds and covered by the Torrens System. Thus, the significance of the word titled
land and its opposite untitled land, does not lie on the bare ownership of the land (the
legal meaning) but on the fact of whether or not such ownership on the land has been
registered at the Register of Deeds. In short, when we use the word titled land, what
we really mean is registered land. !
!
II.
covered the adjoining wood or forest, slopes, tinges, and fertile uplands, fishing areas
Classification
Laws
Agricultural
Forest
Mineral
National Park
Republic Act No. 7598 (National Integrated Protected Area System Act)
and in coastal sites, mangroves and swamp lands. It must be noted that this institution
of commonly owned tracks approximated the contemporary European institution of the
village common." !
B. Spanish Period!
1.
CASES:!
2.
1.
2.
3.
Private property ownership on land was introduced through land grants from the
Spanish crown to settlers and to indigenous population by way of royal grants, sale and
possessory titles. !
Modern legislations on land - Royal Decree of February 13, 1894 - Various laws on land
disposition was codified under the Royal Decree of February 13, 1894 providing for the
rules on sale, compromise and prescription on crown lands. Possessors of alienable
public lands under cultivation who have not obtained nor applied for adjustment
(composicion con el estado) on the date of such decree may still obtain a gratuitous title
to the land by means of a possessory information upon establishing the existence of
any of the following conditions: (1) continuous cultivation of the land during the
preceding 6 years; (2) possession of the land for 12 consecutive years and cultivation of
the same during the preceding 3 years; or (3) open and continuous possession for at
least 30 years in case the land has not been under cultivation. A system of land
registration was introduced known as Ley Hipoticaria or Mortgage Law, the last of
which was in 1894 (The Spanish Mortgage Law). !
These are the land titles issued under the Spanish Period.!
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a. Titulo Real !
Title to land granted generally to Spanish subjects in order to encourage them to
settle and go out to the people of the new territory are called titulo real. (Law 1 and
3, Title 13, Book 4, Recopilacion de las Leyes de las Indias)!
b. Concession Especial !
This is a form of acquiring title to land accomplished through the exercise of a
special power by the Governor-General of the Philippines without any authority of a
special law. (Law II, Title 15, Book 2 of the Law of the Indies)!
d. Titulo de Compra !
This is acquired in accordance with the regulations for the sale of public lands in the
Philippines approved by the Royal Decree of January 26,1889. Under the
regulations, the application to purchase must be published in the Gazetta de Manila
setting forth the description of the land and giving 60 days in which anyone can
present his objection to the same. A similar notice in the dialect was required to be
posted in the municipal building of the town in which the property was situated,
besides making it public by the town crier. The sale was conducted at public auction
and awarded to the highest bidder and covered not only vacant lands but also public
lands occupied without title. !
e. Informacion Possesoria !
Ley Hipotecaria - The informacion posesoria proceedings under the provisions of the
Mortgage Law made effective in the Philippines on December 1, 1889 were
available to those who had claim to lands to have their possession recorded in the
Registry of Deeds. !
Under Article 393 of the Spanish Mortgage Law, the registered possessory
information proceedings do not ripen into ownership except under certain conditions
such as: (a) that an applicant has been in open possession of the land; (b) that an
application to this effect has been filed after the expiration of twenty (20) years from
the date of such registration; (c) that such conversion be announced by means of a
proclamation in a proper official bulletin; (d) that there is a court order for the
conversion of the registration of possession into a record of ownership; and (e) that
the Register of Deeds make the proper record thereof in the Registry !
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But such recorded possessory information proceedings did not ripen into ownership
except under certain conditions, the most important of which was the expiration of
20 years after the entry or record in the Registry of Deeds of the possessory
information proceedings. And under Article 394 of the Mortgage Law, the entry or
record of possession in the Registry of Deeds did not prejudice the owners of the
property although his title had not been recorded, unless prescription had confirmed
and secured the claim recorded (Santiago, et al. vs. J.M. Tuazon & Co., Inc., 110
Phil. 16 [1960])!
3.
C. American Period!
1. Treaty of Paris of 1898 Between the U.S. and Spain!
All properties of the Spanish crown were transferred to the United States !
It excludes private lands or lands
that were already given by the
Spanish Crown in favor to private
persons!
Two types of land ownership Lands of the public domain (all
lands that belongs to the Spanish
Crown) and private lands.!
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a.
Provided for the registration of private lands in fee simple (Section 19) or those
lands that are already disposed by the crown as private lands, completed title. !
b.
Provided for the rules on disposition of public lands (undisposed crown lands)
through sales, homestead, and free patent; provides for the rules on confirmation
of imperfect spanish grants and possessory titles (by prescription) !
CASES:!
4)
5)
6)
7)
Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)!
8)
Ankron vs. Government of the Philippine Islands (G.R. No. 14213. August 23,
1919)!
!
II.
Land Classification!
A. Definition!
Land classification pertains to classification of lands of the public domain as a natural
resources in relation to the tenurial rights that the state gives to grantees, holders and
possessors of such land.!
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Classification describes the legal nature not the natural state of the
land!
2.
3.
4.
5.
D. Classification of Lands!
1. Criteria in Land Classification!
Chapter II of PD No. 1529!
DENR study, devise, determine and
prescribe the criteria, guidelines and
methods for the proper and accurate
classification and survey of all lands
of the public domain.!
Through an Inter-Bureau action DENR Sectoral Bureaus on Lands
(LMB), Forestry (FMB), Mines (MGB)
and Protected area (PAWB)!
The Land Classification Teams of the
forest bureau was transferred to
NAMRIA under EO No. 192 in 1987.!
2.
3. Agricultural lands.!
Alienable and disposable lands refer to those lands of the public domain which
have been the subject of the present system of classification and declared as not
needed for forest purposes. !
Suitability for agricultural use is the criteria; !
Before the court can make a determination of what are considered as agricultural
lands;!
Agricultural Lands are further sub classified as residential, commercial, industrial,
etc. under Section 9 of the Public Land Act.!
4. Forest Land!
Definition of Forest Land - !
Forest lands include the public forest, the
permanent forest or forest reserves, and forest reservations. !
(a) Public Forest - Public forest is the mass of lands of the public domain which has
not been the subject of the present system of classification for the determination
of which lands are needed for forest purposes and which are not.!
(b) Permanent Forest or Forest Reserves - Permanent forest or forest reserves
refer to those lands of the public domain which have been the subject of the
present system of classification and determined to be needed for forest
purposes. !
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(c) Forest Reservations - Forest reservations refer to forest lands which have been
reserved by the President of the Philippines for any specific purpose or
purposes. !
(d) Production Forest - forest stands tended primarily for the production of timber.
This includes natural and man-made forests.!
5. Mineral Lands!
(a) Definition of Minerals - Minerals, for legal purposes, refers to all naturally
occurring inorganic substance in solid, gas, liquid or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.!
(b) Definition of Mineral Lands under the old Mining Act (CA No. 137) - those lands
in which minerals exist in sufficient quantity or quality to justify the necessary
expenditures to be incurred in extracting and utilizing such minerals!
(c) Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA No.
7932) - any area where mineral resources are found!
(d) In relation to land titles - A certificate of title is considered void when it covers
property of public domain classified as mineral lands because possession of
mineral lands, no matter how long does not confer possessory rights.!
6. National Parks!
New Class - It was introduced only in the 1987 Constitution as a distinct and
separate class of lands. National parks as a classification is implemented under
Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment
and Management of National Integrated Protected Areas System, Defining its
Scope and Coverage for other Purposes)!
Definition - a forest reservation essentially of natural wilderness character which
has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such
exclusively to conserve the area or preserve the scenery, the natural and historic
objects, wild animals and plants therein and to provide enjoyment of these
features in such areas. It is a relatively large area not materially altered by human
activity where extractive resource uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use. (Section 4 par. (a) of RA No. 7586)!
CASES:!
Agencies Involved!
9) DOJ Opinion No. 23, Series of 1995.!
10) DENR vs Yap (G.R. No. 167707, October 08, 2008) Agricultural Lands!
Agricultural Land!
11) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909)!
Page 21 of 51
12) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15,
1947) !
Mineral Lands!
13) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929)!
15) Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988)!
Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.!
16) Mateo Cario vs. Insular Government (212 US 449)!
17) Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000)!
Survey Error!
18) Republic vs. Peralta, et al., En Banc (G.R. No. 150327, June 18, 2003)!
Lands declared by the courts as agricultural lands prior to the
introduction of land classification;!
19) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189
SCRA 792)!
20) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No.
127245.January 30, 2001)!
21) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989)!
Lands already registered by the Court as Private Lands !
21) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) !
Bureaucratic Constraints in Classification of Lands!
22) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No.
127245.January 30, 2001)!
1.
Land Survey!
Land surveying is the process of measuring and delineating the natural and artificial
features of the earth. The surveyors observations, measurements and computations
are usually reduced into maps that are drawn from the survey data gathered. Maps are
visual representations or descriptions of the land; measured and delineated with a
Page 22 of 51
certain degree of precision and show the relationships between physical elements of
that space through symbols (Cadastral Survey and Records of Rights, Binns 1951) FAO
Land Tenure Studies) !
2.
Survey Maps!
A well-drawn map is an accurate scale model of the surface of the land which when
presented in two dimensions at a sufficiently large scale, can be used to indicate any
point on the land with accuracy (Binns, 1951). The large/small terminology arose from
the practice of writing scales as numerical fractions: 1/10,000 is larger than
1/10,000,000. However, it is important to recognize that even the most accurate maps
sacrifice a certain amount of accuracy in scale to deliver greater visual usefulness to its
user. Digitally and cartographically-enhanced large-scale topographic maps (1:10,000
scale) provide more detailed information on administrative boundaries, drainage
systems, existing infrastructure, major establishments, road networks, topography,
vegetation, and other economic indicators, showing the present development in the
area at barangay level. Similarly, medium and small scale maps (1:50,000 and
1:250,000 scale) are support tools for applications at municipal and provincial levels.
Administrative maps indicate political boundaries of provinces and regions of the
country. (NAMRIA)!
3.
General Uses:!
The measurements and delineations of land, when recorded in the form of maps either
on paper or within a computer, can be the basis of an accurate inventory of land
resources. In the Philippines, an accurate inventory of land and its legal classification is
important since only certain types or kinds of public lands can be subject to disposition,
private ownership, registration and titling. An example of this type of map used for
inventory of natural resources are the Land Classification Maps (LC Maps) of the DENR
that show the delineation between alienable and disposable (A and D) lands and those
that are not subject to disposition. LC Maps are generated from forest delineation
surveys that mark the boundaries of agricultural lands and the non-disposable forest/
mineral lands and national parks. These maps are kept by NAMRIA that has the
mandate to conduct delineation surveys under Executive Order (E.O.) No. 192.!
Inventory and full and accurate knowledge of natural resources of the land; !
Best means of obtaining, recording and analyzing such knowledge resulting to better
land classification and land use planning;!
The cadastral maps and corresponding index maps can be conveniently used as a
BASE MAP for the recording of any information which requires maps of these
scales. Cadastral maps greatly assist every branch of the public service connected
with land, (e.g. taxation, irrigation, drainage, flood control, etc.) making them more
efficient;!
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4.
Besides the economic, fiscal, agrarian, scientific and administrative uses, there is a
growing demand for maps and plans of all kinds for recreational purposes, for air
travel, for the use of tourists in connection with historical, archeological or artistic
studies, for commercial and industrial purposes and for educational purposes; and !
To a private land owner, the fact that the land is properly mapped and that rights are
clearly registered is of the greatest benefit since it provides security of tenure,
minimizes disputes and litigation, and provides better access to credit. !
An accurate and large-scale map is the only sound basis for a record of rights,
privileges, duties and responsibilities to land. No system of registration of rights can be
effective and no system of land taxation can be just and efficient without a description
which enables the land affected to be identified with certainty on the ground, and no
such identification can be regarded as certain without a suitable map to which the
description can be referred. Examples of this type of maps are the cadastral maps,
cadastral index maps, tax maps, subdivision maps, etc. Cadastral maps and other
property survey maps are kept by the DENR while subdivision maps of registered
properties subdivided by the Authority are kept by LRA. Tax maps are kept by the Local
Assessors Office.!
1.
Issuance of Rules and Regulations that will govern the conduct of surveys in the
Philippines (Land Management Bureau (LMB));!
Inspection, verification and approval of all original surveys on untitled A and D lands
(DENR Regional Officer) such as Isolated Land Surveys and Cadastral Surveys;!
Page 24 of 51
Inspection, verification and approval of simple survey plans (the resulting lots is not
more than 9 and without road lots); and!
Inspection, verification and approval complex Survey Plans (the resulting subdivision
is more than 9 lots or less than 9 lots if the subdivision will create road lot/s).!
2.
NAMRIA, an agency attached to the DENR, is the principal mapping agency of the
government and is responsible for the production of thematic maps at various scales in
support of the governments development planning, environmental management, and
multi-hazard mapping, among other programs. It is mandated to establish and maintain
the Philippine Reference System of 1992. NAMRIA also conducts forest delineation
survey to segregate A and D lands from forest and mineral lands and national parks.!
3.
LRA has limited survey approval functions on "simple subdivision" of titled or registered
lands. LRA and DENR can both approve simple survey subdivision on titled or
registered lands. A survey subdivision is considered simple subdivision when the survey
will result to the creation of not more than nine (9) lots without road lot is complex.!
4.
Local Governments!
Cities and Municipalities also have survey and mapping functions in support of its land
use regulation and land taxation mandates. These functions are as follows:!
Ensure the conformity of subdivision surveys with the comprehensive land use plan
of the LGU;!
Receive and compile copies of all approved survey plans furnished by Geodetic
Engineers on surveys conducted within their jurisdiction; and!
Maintain a system of tax mapping, showing graphically all data concerning the real
property (land and improvements).!
1.
Land surveys are conducted by surveyors who are licensed Geodetic Engineers (GE).
These GEs are organized into a professional organization called the "Geodetic
Page 25 of 51
The profession was first created under Republic Act No. 4374 (An Act to
Regulate the Practice of Geodetic Engineering in the Philippines.) A Geodetic
Engineer - is any person who is technically and legally qualified to practice
geodetic engineering under these laws, which term supersede surveyor. The
practice of land surveying was first created under the provisions of Act No. 2711
(Revised Administrative Code of 1917) with the Bureau of Lands providing
apprenticeship and accreditation of land surveyors. A board of examiners was
created under Act No. 3626 to qualify surveyors for private and cadastral surveys
and mineral land surveyors. Geodetic engineering was not recognized as a
profession until the enactment of Republic Act No. 4374, the Geodetic
Engineering Law, on June 19, 1965. Under the Act, any person who was
technically and legally qualified to practice geodetic engineering shall be called
Geodetic Engineer superseding the term Surveyor.
Engineers of the Philippines, Inc." (Republic Act No. 8560 as amended by Republic Act
No. 9200, The Philippine Geodetic Engineering Act of 1998). The practice of geodetic
engineering is a professional and organized act of gathering physical data on the
surface of the earth with the use of precision instruments. It is also the scientific and
methodical processing of these date and presenting them on graphs, plans, maps,
charts or documents (Article II, Section 2 (a), RA No. 8560). !
Geodetic Engineers are under the supervision of the DENR or LRA while doing land
survey works. The GE has to comply with the survey standards and the rules and
regulations set forth by the DENR under the current Manual of Surveys. In general, the
GE must obtain such survey and tenure information on records available with the DENR
or LRA as is necessary to locate or relocate the boundaries of any land to be surveyed
and to connect his or her survey to the survey system in the Manual. A GE can conduct
land survey activities pursuant to Section 2 (a) of Republic Act No. 8560 (Philippine
Geodetic Engineering Act of 1998) or for works not requiring strict legal accuracy under
arrangements with a client, in such a manner as agreed upon by them or if the survey is
not intended for land registration, disposition or tenure definition. However, the GE must
comply with the standards and the rules and regulations set forth by the DENR, if the
survey is of a class that requires approval under existing land laws.!
Geodetic Engineers, when conducting surveys that requires the approval of the DENR
or LRA, shall give due notice in advance to the adjoining owners of the property to be
surveyed of the date and hour of the survey for the protection of their rights. They are to
report all objections made by adjoining property owners or claimants during the survey
and demarcating/describing the boundaries claimed by them.!
The survey plans/data sets that the survey project generates, including the maps and
plans, are also submitted to the DENR and to the LRA (simple subdivision) for approval,
before it can have full legal effects. However, GEs may prepare sketch plans that show
the indicative location, position and area of land for purposes other than land
registration without need of DENR/LRA approval.!
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2.
Lot boundaries delineate the extent of land ownership of land owners. Boundaries
define the extent of the parcel, lot or property unit in accordance with specific standards,
rules and regulations issued by the DENR. Boundaries also help identify the land as it
will show the contiguous parcels bordering the land. Boundary lines (also commonly
called property lines) define the extent of legal limits of ownership of land parcels.
Marked boundaries are prima facie evidence of the legal extent of the ownership of
property. Marking may be through natural boundaries, survey monuments or enclosed
occupation such as fences and walls.!
Generally, boundaries of land are fixed and do not move, although the interpretation of
the location of the boundary can be difficult and professional judgment may vary in its
interpretation, especially if the lots in question came from two different survey systems.!
The situation with regard to natural boundaries formed by seas, lakes, river, etc., is
more complex as such boundaries are not fixed and are periodically moved. These
boundaries cannot be marked on the ground and are not fixed in one place but changes
position over time through slow and imperceptible accretion or erosion of the described
feature.!
In built-up areas like old towns, the primary indicator of boundaries will most likely be
walls and fences. However, these can be subject to survey confirmation to ensure that
the fences were properly located before it were built and are not subject to
encroachment by the owners of the adjoining lands. In a new subdivision, the primary
indicators of land boundaries will be the survey marks place by the surveyor on the lots
or parcels. These survey marks are made of concrete monuments that conform to the
Manual of Land Surveys.!
3.
If a land is still unsurveyed, a private land claimant or a public land applicant on said
land is required to secure a Survey Order or Survey Authority from the DENR before a
land survey can be conducted on the land that he claims. A Survey Authority is an
instruction issued by the authorized DENR Official to a private GE authorizing him/her
to conduct survey over a parcel of land of the public domain for a specific purpose,
usually for land registration or public land disposition. When issued to a government
GE, the same is referred to as Survey Order. Survey Authority or Survey Order for
isolated survey less than 12 hectares are issued by the DENR Community Environment
and Natural Resources Office (CENRO). Survey authority is valid for a period of six (6)
months following its issuance. (Section 19 of Revised Regulation on Land Surveys,
DAO 2007-29). !
A Survey Authority is granted under the following conditions:!
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The land is outside of any existing civil, military or any other reservations; and!
There is no pending land registration case or pending litigation in court involving the
land or an existing public land application other than that of the Survey Authority
applicant.!
The survey applicant must be a public land applicant (homestead, sales, free patent)
or must show that he has acquired a registerable private right recognize by the law
(i.e. acquisitive possession, prescription and accretion)!
4.
Surveying and identifying land by boundaries is necessary before A and D land could be
disposed and registered by the government. For purposes of land disposition and
property registration, surveys can be generally divided into two (2) types Cadastral
and Isolated.!
5.
The description of boundaries to the land (commonly called technical description) are
contained in various survey data sets that are generated during surveys. It includes the
surveyors field notes, lot data computations, paper maps, etc. However, description of
the land is reduced using a narrative style commonly called Technical Description
when the identity of the land is described in legal documents including the Patents
issued by the DENR and Certificate of Title issued by the Register of Deeds. !
Technical description uses directions and distances along with physical features of the
land to define and describe the boundaries of a parcel of land. !
The boundaries are described in a narrative style, working around the parcel in
sequence, using bearing and distance from a known control point (location monuments)
to a point of beginning (point 1), going to the next point or corner (point 2 and
succeeding) and finally returning to the point of beginning to create a polygon. It may
include references to other adjoining parcels (lots). The description is based on the
markings on the ground with permanent concrete monuments.!
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!
!
!
!
!
!
!
!
!
!
!
!
!
!
thence
thence
thence
thence
thence
thence
thence
Due West,
13.00 m. to point 2;!
Due West,
10.00 m. to point 3;!
Due West,
10.00 m. to point 4;!
S. 65 deg. 10' E., 6.5 m. to point 5;!
N. 40 deg. 35E., 16.78 m. to point 6;!
Due East,
16.16 m. to point 7;!
Due South, 10.00 m. to the point of;!
!
6.
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7.
Survey records may be found generally at the Survey Records sections of government
land agencies. In the DENR, survey records are with the Technical Records Section,
Survey Division of the DENR Regional Office. The LMB only retains some survey
records, mostly duplicates, after it decentralised its records to the DENR Regional
Offices. In LRA, survey records are with the Subdivision and Consolidation Division. !
Large scale government surveys such as cadastral surveys generate the following
survey records:!
Cadastral Maps indicating individual parcels and their actual geographic position; !
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Below are some of the commonly used large scale maps that establish land ownership
and support land titling and registration.!
!
IV. Modes of Acquiring Title to Public Lands!
A. Ownership of land must be traced to a government land grant!
Regalian doctrine all lands belong to the State. Private lands must be able to trace its
root to a grant coming from the State.!
!
B. General Conditions Necessary for the Issuance of a Land Patent
(Direct Grant) !
The general conditions for Provided under Section 8 of Commonwealth Act No. 141 or
the Public Land Act.!
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5.
6.
6.
Qualification of Applicant!
(a) Citizenship !
Only citizens of the Philippines can be a grantee of public land; Non-Citizen
cannot be a grantee of public land; In Free Patent, it is required that the
applicant is a natural born citizen of the Philippines. Corporations not allowed
since 1973 to acquire public lands, however, a corporation can lease public
lands up to 1,000 hectares (1987 Constitution)!
In registration of lands, corporations are allowed to register lands that has
already been acquired by its predecessor through indirect grant; rationale - the
land is already private when acquired and is not part of the public domain
anymore. Registration does not confirm ownership. See Judicial Confirmation of
Title!
(b) Age !
In general, there is no age limitation in public land grants; except in homestead,
the applicant must be 18 years or head of Family if minor!
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2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to
conditions!
a) Any citizen of legal age, not the owner of a home lot in the municipality or city; in
good faith established his residence on a parcel; not needed for the public
service; private or direct sale (appraisal but no bidding); not more than one
thousand square meters; occupants has constructed his house on the land and
actually resided therein. 10% payment upon approval balance may be paid in full,
or in ten equal annual installments; restriction on transfer 15 years; !
b) Restriction was removed under PD No. 2004 (1985)!
of
all
or
of
D. Restrictions on Patents !
Patents issued by the government are subject to the following restrictions:!
Sales patents on the other hand are covered by Sections 121 and 122. !
A qualified restrictions on all patents sold be national cultural minorities are covered
by Section 120. !
Republic Act No. 730 that provides for the direct sale of residential lands has
restrictions on transfer and encumbrance of 15 years, however, the same was
removed by Presidential Decree No. 2004 in 1985 declaring that paragraph 2 of the
said law is too onerous and prevents utilization of the land. !
Republic Act No. 10023 altogether removed the restrictions that are attached to Free
Patents under Section 5. !
The policy of the government recently is to encourage he development of formal
land market by making the titles to the land tradable.!
!
E. Title Obtained by Operations of Law (Section 14, PD No. 1529)!
1. General Considerations !
a) Title was obtained not by registration but by operations of law under the
assumption that the occupant of the land is qualified and has complied with the
conditions set forth. The law creates a legal fiction whereby the land, upon
completion of the requisite period ipso jury and without the need of judicial or
other sanction, ceases to be public land and become private property. Cases: San
Miguel Corporation vs. Court of Appeals, 185 SCRA 722 (1990). Director of Lands
vs. IAC and Acme Plywood and Veneer Co. Inc. G.R. No. 73002, December 29,
1986)!
b) The title is vested to the ipso facto but it has to be confirmed by the State and
registered.!
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c) The land must be alienable and disposable lands of the public domain. Section 4
of PD No. 1073 (1977) amending Section 48 (b) and (c) and Judicial confirmation
of imperfect title based on unperfected Spanish grants are no longer allowed.
Adopted in PD No. 1529, Section 14 (a) in 1978. (Susana Meguinto, et al. vs.
Republic of the Philippines, GR No. 134308, December 14, 2000). !
!
F. Section 14, Paragraph (a) 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; !
a) In 1976 all holders of Spanish titles or grants should apply for registration of their
lands under Act No. 496 within six (6) months afterwards Spanish titles cannot be
used as evidence of land ownership in any registration proceedings under the
Torrens system P.D. No. 892; !
b) In 1977 lands that are not declared alienable and disposable are no longer
included however long the possession of the applicant was; judicial confirmation
of incomplete titles to public land based on unperfected Spanish under the laws
and royal decrees in force prior to the transfer or sovereignty from Spain to the
United States are disallowed (Presidential Decree No. 1073);!
c) Period of possession before declaration of A and D is not important for disposition
as long as the land is A and D at the time of application (Heirs of Malabanan v.
Republic of the Philippines, G.R. No. 179987, April 29, 2009). !
d) Evidence to Prove Adverse Possession!
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e) Tax Declarations - Not conclusive evidence of ownership but are good indicia of
possession in the concept of the owner. It is at least a proof that the holder has a
claim of title over the property. It announces the tax payers adverse claim against
the State and other interested parties.!
CASES:!
29) Case #1!
30) Case #2 !
31) Case #3 !
!
H. Section 14, Paragraph (c) - Right of accession or accretion;!
1. Article 457 of Civil Code to the owners of lands adjoining the banks of rivers belong
the accretion which they gradually receive from the effects of the current of the
waters; Law Of The Waters - the accretion resulting from the gradual deposit by or
sedimentation from the waters belongs to the owners of the land bordering on
streams, torrents, lakes, or rivers;!
2. By law, accretion - the gradual and imperceptible deposit made through the effects
of the current of the water belongs to the owner of the land adjacent to the banks of
rivers where it forms. The drying up of the river is not accretion. Hence, the dried-up
river bed belongs to the State as property of public dominion, not to the riparian
owner; they are not open to registration under the Land Registration Act. The
adjudication of the lands in as private property is null and void.!
3. Ownership over the accretion received by the land adjoining a river is governed by
the Civil Code; but land has to be registered otherwise it can be lost by reason of
prescription and/or occupation of others;!
CASES:!
1Section
14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of the Civil
Code.
Page 40 of 51
34) Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908!
35)Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984; !
36) Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No.
160453!
37) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962!
Page 41 of 51
6. Repurchase !
Children or the spouse of the transferor within a period of two (2) years (Sold to the
Government and Land Bank)!
7. Collective Titles!
Option provided that the total area that may be awarded shall not exceed the total
award limit of all beneficiary. Title to the property shall be issued in the name of the coowners or the cooperative or collective organization as the case may be. If the
certificates of land ownership award are given to cooperatives then the names of the
beneficiaries must also be listed in the same certificate of land ownership award.!
!
VI. Procedure and Processes !
A. Public Land Applications!
1. General Rules!
The right to lands disposed by the State through patents are administratively
determined during the public land application process. The process is not adversarial
since the applicant does not claim private ownership on the land. The applicant in public
land applications is asking the State for a land grant base on Article XII of the
Constitution that allows citizens to received alienable and disposable lands, subject to
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certain conditions, from the State by way of homestead, sale or grants. It is conditioned
generally on the utilization of the land for productive purposes. !
During the process of adjudication, the applicant establishes his/her personal
qualification and proves his/her fulfilment of the conditions necessary for the issuance of
the particular grant or patent that he/she applied for.!
The government agency that handles the adjudication process is the DENR under
Commonwealth Act No. 141 (Public Land Act) as amended, Republic Act No. 10023
(Residential Free Patent Law) and Republic Act No. 730 (Direct Sale of Residential
Lands). Generally, the DENR has exclusive jurisdiction over the disposition of lands of
the public domain in the absence of specific legislation to the contrary.!
Public land applications are processed at the DENR Community Environment and
Natural Resources Office (CENRO) and patents are generally signed and issued by the
DENR Provincial Environment and Natural Resources Office (PENRO). The approved
and signed patents are transmitted to the Register of Deeds of the province or city by
the DENR for registration (Section 103 of PD No. 1529). Application for a public land
grant is administrative in nature although the DENR is exercising in the process quasijudicial powers when adjudicating applications and has authority to to determine
conflicting claims of applicants and occupants of public land (Section 102, PLA) subject
to judicial review in case of fraud, imposition or mistake, other than error of judgment in
estimating the value or effect of evidence.!
The authority to sign patents is generally vested to the President of the Philippines as
Chief Executive. Throughout the years, however, the signing of patent was
decentralised by Congress to the different levels within the bureaucracy of the DENR.
Under E.O. No. 192 (1987) reorganizing and the integration of the different Bureaus
under the in the Regional/Field Office Set-up, the Secretary of the newly organized
DENR was given a general mandate to implement public land laws, with powers to
delegate includes the power to sign patents and to delegate the same to such officers
as he may deem fit. At present, up to 5 hectares (PENRO), more than 5 but not
exceeding 10 (RED), in excess of 10 (Secretary). Under Republic Act No. 10023, the
authority to sign patent was specifically delegated by Congress to the PENRO (Section
6, RA No. 10023).!
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If the land is unsurveyed, the applicant may file the Public Land
Application first and thereafter request for a survey authority/order to
delineate his/her claim.!
The DENR sometimes conduct simultaneous survey and adjudication of
land (systematic adjudication process). !
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The applicant, however, can match the highest bid to secure the
award.!
Upon full payment (10 equal yearly instalment is allowed), the DENR
shall inspect the land to check compliance and shall prepare a reinvestigation report;!
In Direct Sale under Republic Act No. 730, upon approval of the
application, the land shall be appraised by an Appraisal Committee at the
CENRO. !
Upon full payment (10 equal yearly instalment is allowed), the DENR
shall inspect the land to check compliance and shall prepare a reinvestigation report;!
(41) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934; !
(42) Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No.
L-5622, December 29, 1952); !
(43) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)!
!
B. Confirmation of Imperfect Title!
1. General Rules!
Judicial proceedings for the registration of lands throughout the Philippines shall be in
rem and shall be based on the generally accepted principles underlying the Torrens
system.!
Powers of the Land Registration Authority
a) Section 6 of PD 1529
b) Register of Deeds, see Section 10 of PD 1529!
Ordinary vs. Cadastral Proceedings!
Ordinary is isolated and voluntary - pertains to isolated parcel of land initiated
voluntarily by the land owner/occupant!
Cadastral is mass and compulsory - pertains to a proceedings covering all the
parcels in the municipality/city; initiated by the government!
b)
b) Filing of Opposition !
Any person claiming an interest may appear and file an opposition on or
before the date of initial hearing or anytime as may be allowed by the
court. The opposition shall state all the objections to the application and
shall set forth the interest claimed by the party; the remedy desired;
signed and sworn;!
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c) Initial/Jurisdictional hearing !
Applicant presents evidence of compliance to the order of the court for
notices on the setting of initial hearing; court will ask if there are
oppositions !
d) Order of Default !
If no person appears and answers, upon motion of the applicant the court
may order a default to be recorded and require the applicant to present
evidence. But when an appearance has been entered and an answer
filed, a default order shall be entered against persons who did not appear
and answer.!
e) Hearing/Referee/Commisioner - !
The court may hear the case (applicant presents evidence; oppositors
presents evidence) or refer the case or any part to a referee; hearing at
any place within the province; submit his report thereon to the court within
fifteen days after the termination of such hearing. Court may adopt the
report or set it aside for further proceedings;!
f) Judgement - !
Within ninety (90) days from the date the case is submitted for decision.
The Court, after considering the evidence and the reports of the
Commissioner of Land Registration and the Director of Lands, finds that
the applicant or the oppositor has sufficient title proper for registration,
judgment shall be rendered confirming the title of the applicant, or the
oppositor, to the land. Becomes final upon the expiration of thirty (30)
days to be counted from the data of receipt of notice of the judgment. An
appeal may be taken from the judgment of the court as in ordinary civil
cases.!
Partial Judgement - All conflicting claims of ownership and interest in the
land subject of the application determined by the court but the court may
render partial judgement where only a portion of the land is contested.!
g) Issuance of Decree !
After judgment has become final and executory, the court issue an order
to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged entitled to
registration.!
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Second Notice - Notice of the date on which the survey of any portion of
such lands by posting in the bulletin board of the municipal building of the
municipality or barrio in which the lands are situated by the GE or DENR.!
Duty of the Geodetic Engineer - To enter upon the lands for the purpose of
the survey; and to mark the boundaries of the lands by monuments set up in
proper places thereon.!
Duty of the claimant/s - communicate with the Geodetic Engineer upon his
request for all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims any
interest.!
Penalty: Any person who shall wilfully obstruct the making of any survey
undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly
authorized to conduct the survey under this Section, or shall maliciously
interfere with the placing of any monument or remove such monument, or
shall destroy or remove any notice of survey posted on the land pursuant to
law, shall be punished by a fine of not more than one thousand pesos or by
imprisonment for not more than one year, or both.!
Page 48 of 51
May contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or
interest therein.!
The parcels shall be known as "lots" and shall on the plan filed in the
case be given separate numbers by the Director of Lands, which numbers
shall be known as "cadastral lot numbers.!
The cadastral number of a lot shall not be changed after final decision
has been entered decreasing the registration thereof, except by order of
court. Future subdivisions of any lot shall be designated by a letter or
letters of the alphabet added to the cadastral number of the lot to which
the respective subdivisions pertain. The letter with which a subdivision is
designated shall be known as its "cadastral letter": Provided, however,
that the subdivisions of cities or townsites may be designated by blocks
and lot numbers.!
c) Answer !
Any claimant in cadastral proceedings, whether named in the notice or not,
shall appear before the court and shall file an answer on or before the date
of initial hearing or within such further time as may be allowed by the court
and shall state:!
Page 49 of 51
Marital status;!
Nationality!
The age!
The name of the barrio and municipality in which the lots are situated;!
The names and addresses of the owners of the adjoining lots so far as
known to the claimant;!
If the lots have been assessed for taxation, their last assessed value; and!
The encumbrances, if any, affecting the lots and the names of adverse
claimants, as far as known.!
d) Hearing !
The trial of the case in a place within the province in which the lands are
situated; Claimant presents evidence!
Orders for default and confessions entered, in the same manner as in
ordinary land registration proceedings and shall be governed by the same
rules.!
All conflicting interests shall be adjudicated by the court and decrees
awarded in favor of the persons entitled to the lands or to parts thereof
and such decrees shall be the basis for issuance of original certificates of
title in favor of said persons!
e) Judgement !
f) Issuance of Decree !
After judgment has become final and executory, the court issue an order
to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged entitled to
registration.!
CASES:!
(45) Case #1!
(46) Case #2!
(47) Case #3!
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