CHAPTER III

ORIGINAL REGISTRATION

I
ORDINARY REGISTRATION PROCEEDINGS

A. APPLICATIONS

Section 14. Who may apply. The following persons may file in the proper Court of First Instance an
application for registration of title to land, whether personally or through their duly authorized
representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of ownership since June 12, 1945, or
earlier.

(2) Those who have acquired ownership of private lands by prescription under the provision
of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of
accession or accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

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

Where the land has been sold under pacto de retro, the vendor a retro may file an application for the
original registration of the land, provided, however, that should the period for redemption expire
during the pendency of the registration proceedings and ownership to the property consolidated in
the vendee a retro, the latter shall be substituted for the applicant and may continue the
proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in trust by him,
unless prohibited by the instrument creating the trust.

Cruz vs Secretary of DENR

Natural Resources and Environmental Law; Constitutional Law; IPRA; Regalian
Doctrine

GR. No. 135385, Dec. 6, 2000

FACTS:
Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and mandamus as
citizens and taxpayers, assailing the constitutionality of certain provisions of Republic Act
No. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA) and its
implementing rules and regulations (IRR). The petitioners assail certain provisions of the
IPRA and its IRR on the ground that these amount to an unlawful deprivation of the States
ownership over lands of the public domain as well as minerals and other natural resources
therein, in violation of the regalian doctrine embodied in section 2, Article XII of the
Constitution.

ISSUE:
Do the provisions of IPRA contravene the Constitution?

HELD:
No, the provisions of IPRA do not contravene the Constitution. Examining the IPRA, there
is nothing in the law that grants to the ICCs/IPs ownership over the natural resources
within their ancestral domain. Ownership over the natural resources in the ancestral
domains remains with the State and the rights granted by the IPRA to the ICCs/IPs over the
natural resources in their ancestral domains merely gives them, as owners and occupants of
the land on which the resources are found, the right to the small scale utilization of these
resources, and at the same time, a priority in their large scale development and exploitation.

Additionally, ancestral lands and ancestral domains are not part of the lands of the public
domain. They are private lands and belong to the ICCs/IPs by native title, which is a concept
of private land title that existed irrespective of any royal grant from the State. However, the
right of ownership and possession by the ICCs/IPs of their ancestral domains is a limited
form of ownership and does not include the right to alienate the same.

Secretary of DENR vs Yap

Natural Resources and Environmental Laws: Regalian Doctrine

GR No. 167707; Oct 8, 2008

FACTS:
This petition is for a review on certiorari of the decision of the Court of Appeals (CA)
affirming that of the Regional Trial Court (RTC) in Kalibo Aklan, which granted the petition
for declaratory relief filed by respondents-claimants Mayor Jose Yap et al, and ordered the
survey of Boracay for titling purposes.
On Nov. 10, 1978, President Marcos issued Proclamation No. 1801 declaring Boracay Island
as a tourist zone and marine reserve. Claiming that Proc. No. 1801 precluded them from
filing an application for a judicial confirmation of imperfect title or survey of land for titling
purposes, respondents-claimants filed a petition for declaratory relief with the RTC in
Kalibo, Aklan.
The Republic, through the Office of the Solicitor General (OSG) opposed the petition
countering that Boracay Island was an unclassified land of the public domain. It formed part
of the mass of lands classified as public forest, which was not available for disposition
pursuant to section 3(a) of PD No. 705 or the Revised Forestry Code.

ISSUE:
Whether unclassified lands of the public domain are automatically deemed agricultural
land, therefore making these lands alienable.

HELD:
No. To prove that the land subject of an application for registration is alienable, the
applicant must establish the existence of a positive act of the government such as a
presidential proclamation or an executive order, an administrative action, investigative
reports of the Bureau of Lands investigators, and a legislative act or statute.
A positive act declaring land as alienable and disposable is required. In keeping with the
presumption of state ownership, the Court has time and again emphasized that there must
be a positive act of the government, such as an official proclamation, declassifying
inalienable public land into disposable land for agricultural or other purposes.
The Regalian Doctrine dictates that all lands of the public domain belong to the State, that
the State is the source of any asserted right to ownership of land and charged with the
conservation of such patrimony.

All lands not otherwise appearing to be clearly within private ownership are presumed to
belong to the State. Thus, all lands that have not been acquired from the government, either
by purchase or by grant, belong to the State as part of the inalienable public domain.