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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
MODES OF ACQUIRING OWNERSHIP/LAND TITLES
1. Public Grant
2. Adverse Possession/Prescription
PARPID
3. Accretion
4. Reclamation
5. Private grant or Voluntary Transfer
6. Involuntary Alienation
7. Device
TYPES OF CLASSIFICATION OF PUBLIC DOMAIN LAND
1. Alienable
2. Timber
3. Mineral
REQUISITES FOR LANDS THAT MAY BE CLAIMED UNDER
A PUBLIC GRANT
1. Declared open to disposition
2. Officially delimited and classified
3. Have not been appropriated by the Government
4. Has not become private property
WAYS THAT PUBLIC LANDS SUITABLE FOR
AGRICULTURAL PURPOSES CAN BE DISPOSED OF:
1. Homestead settlement

2. Sale
3. Lease
4. Confirmation of imperfect or incomplete titles
a. By judicial legalization
b. By Administrative legalization
QUALIFICATIONS TO APPLY FOR A HOMESTEAD PATENT
1. Citizen of the Philippines
2. Over the age of eighteen years or the head of a family
3. Does not own more than twenty-four hectares of
land in the Philippines
4. Has not had the benefit of any gratuitous allotment
of more than twenty-four hectares of land since the
occupation of the United States
REQUISITES TO BE ENTITLED TO A HOMESTEAD
PATENT
1. Resided continuously for at least one year in the
municipality in which the land is located, or in a
municipality adjacent to the same
2. Has cultivated at least one-fifth of the land
continuously since the approval of the application
3. Affidavit that no part of said land has been alienated
or encumbered
4. Complied with all the requirements of this
Commonwealth Act No. 141
5. Payment of five pesos
QUALIFICATIONS FOR THE ISSUANCE OF A FREE
PATENT
1. Natural-born citizen of the Philippines
2. Not the owner of more than twenty-four hectares of
land
3. Since July 4, 1945 or prior thereto, 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

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4. OR who shall have paid the real estate tax thereon


while the same has not been occupied by any other
person
QUALIFICATIONS FOR FREE PATENTS RESIDENTIAL
LANDS
1. Filipino citizen
2. Actual occupant of a residential land
3. In highly urbanized cities, the land should not
exceed 200 square meters
4. In other cities, it should not exceed 500 square
meters
5. In first class and second class municipalities, it
should not exceed 750 square meters
6. In all other municipalities, it should not exceed
1,000 square meters
7. Land applied for is not needed for public service
and/or public use
CONTENT OF THE APPLICATION FOR FREE PATENTS
RESIDENTIAL LANDS
1. Map based on an actual survey conducted by a
licensed geodetic engineer and approved by the
DENR
2. Technical description of the land
3. Supporting affidavit of 2 disinterested persons
residing in the barangay or municipality where the
land is located and attesting that the applicant
actually resided on and continuously possessed and
occupied, under a bona fide claim of acquisition of
ownership, the land applied for at least 10 years
4. Complied with qualifications for free patents
residential lands
RESTRICTIONS WITH LAND OBTAINED THROUGH A
PUBLIC GRANT
1. Shall not be subject to encumbrance or alienation
from the date of the approval of the application and

for a term of 5 years from the date of issuance of the


patent or grant1
2. Shall not become liable to the satisfaction of any
debt contracted prior to the expiration of said period
3. No alienation of any homestead after 5 years and
before 25 years after issuance of title shall be valid
without the approval of the Secretary of Agriculture
and Natural Resources
2 TYPES OF ACQUISITIVE PRESCRIPTION
1. Ordinary
2. Extraordinary
REQUISITES FOR ORDINARY ACQUISITIVE
PRESCRIPTION
1. Possession in good faith
2. Just title for the time fixed by law
REQUISITES FOR THERE TO BE POSSESSION
1. Possession in the concept of an owner
2. Public
3. Peaceful
4. Uninterrupted
WHEN IS POSSESSION INTERRUPTED FOR PURPOSES
OF PRESCRIPTION
1. Naturally
a. When through any cause it should cease for
more than one year
2. Civilly
a. Judicial summons to the possessor
3. Any express or tacit recognition which the possessor
may make of the owner's right
WHEN JUDICIAL SUMMONS SHALL BE DEEMED NOT TO
HAVE BEEN ISSUED AND SHALL NOT GIVE RISE TO

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Except in favor of the Government or any of its branches, units or institutions,


or legally constituted banking corporations
1

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INTERRUPTION
1. 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. Postal Address
5. Whether Grantee is married or unmarried.'And if
married, the full name of the spouse

REQUISITES FOR A POSSESSOR TO BE IN GOOD FAITH


1. Reasonable belief that the person from whom he
received the thing was the owner
2. Owner can transmit ownership
ORDINARY PRESCRIPTION
1. Possession of ten years
2. Just title
3. Good faith
EXTRAORDINARY PRESCRIPTION
1. Uninterrupted adverse possession thereof for thirty
years
2. Without need of title or of good faith
RULES TO BE OBSERVED IN THE COMPUTATION OF
TIME NECESSARY FOR PRESCRIPTION
1. The present possessor may complete the period
necessary for prescription by tacking his possession
to that of his grantor or predecessor in interest
2. It is presumed that the present possessor who was
also the possessor at a previous time, has continued
to be in possession during the intervening time,
unless there is proof to the contrary
3. The first day shall be excluded and the last day
included
CONTENTS OF A PRIVATE GRANT
1. Grantees full name
2. Nationality
3. Residence

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