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REAL ESTATE TRANSACTIONS, ATTY.

YLAGAN
LAWYERS OATH
1. Maintain allegiance to the Republic of the
Philippines
2. Support the Constitution and obey the laws
3. Do no falsehood nor consent to the doing in
court
4. Not wittingly or willingly promote any
groundless, false or unlawful suit
5. Delay no man for money or malice
6. Conduct myself as a lawyer according to the
best of my knowledge and discretion
7. I impose upon myself these voluntary
obligations without any mental reservation or
purpose of evasion
WHAT IS THE REGALIAN DOCTRINE AND WHAT
ARE COVERED BY IT ACCORDING SECTION 2,
ARTICLE XII OF THE 1987 CONSTITUTION?
1. All lands of the public domain and natural
resources are owned by the State including
2. Waters;
3. Minerals;
4. Coal;
5. Petroleum and other mineral oils;
6. All forces of potential energy;
7. Fisheries;
8. Forests or Timber;
9. Wildlife;
10. Flora and fauna;
11. With the exception of agricultural lands, all
other natural resources shall not be alienated

HOW ARE LAND OF THE PUBLIC DOMAIN


CLASSIFIED ACCORDING TO SECTION 3, ARTICLE
XII OF THE 1987 CONSTITUTION?
1. Agricultural
2. Forest or timber
3. Mineral lands
4. National Parks
WHAT
IS
THE
RULE
FOR
PRIVATE
CORPORATIONS AND ASSOCIATIONS HOLDING
ALIENABLE LANDS OF THE PUBLIC DOMAIN
ACCORDING TO SECTION 3, ARTICLE XII OF THE
1987 CONSTITUTION?
1. Private corporations or associations may not
hold alienable lands of the public domain
except by lease
2. For a period not exceeding twenty-five years
3. Renewable for not more than twenty-five
years
4. Not to exceed one thousand hectares in area
WHAT IS THE RULE FOR FILIPINO CITIZENS
HOLDING ALIENABLE LANDS OF THE PUBLIC
DOMAIN ACCORDING TO SECTION 3, ARTICLE XII
OF THE 1987 CONSTITUTION?
1. Citizens of the Philippines may lease not
more than 500 hectares
2. Nor may they acquire more than 12 hectares
by purchase;
3. Homestead; or
4. Grant

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WHAT IS THE RULE ON TRANSFERRING OF


PRIVATE LANDS ACCORDING TO SECTION 7,
ARTICLE XII OF THE 1987 CONSTITUTION?
1. No private lands shall be transferred or
conveyed
2. Except in cases of hereditary succession
3. And only to individuals;
4. Corporations, or associations qualified to
acquire or hold lands of the public domain
WHAT IS THE RULE ON PRESCRIPTION
ACCORDING TO ARTICLE 1124 OF THE CIVIL
CODE?
1. Judicial summons shall be deemed not to
have been issued and shall not give rise to
interruption of possession if it should be void
for lack of legal solemnities;
2. If the plaintiff should desist from the
complaint or should allow the proceedings to
lapse;
3. If the possessor should be absolved from the
complaint
4. The period of the interruption shall be
counted for the prescription
WHAT IS THE RULE ON PRESCRIPTION AND
TITLE ACCORDING TO SECTION 47 OF THE
PROPERTY REGISTRATION DECREE?
1. Title to registered land
2. Cannot be acquired by prescription or
adverse possession
3. In derogation of the title of the registered
owner

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