Beruflich Dokumente
Kultur Dokumente
I. Introduction
A. Land Administration
The term land administration refers to the processes of recording and disseminating
information about the ownership, value and use of land and its associated resources.
Such processes include the determination or adjudication of rights and other attributes
of the land, the survey and description of these, their detailed documentation and the
provision of relevant information in support of land markets. (UNICE, 1995)
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:
Guarantee ownership and security of tenure;
Support the land market by facilitating recording of interest and transfers of ownership;
Page 1 of 41
Discussion Guide
Land Title and Deeds
Support land and property taxation;
Reduce land disputes;
Facilitate land reform;
Improve urban planning and infrastructure development;
Support environmental management; and
Produce statistical data.
Page 3 of 41
Discussion Guide
Land Title and Deeds
Private land ownership is limited to A and D lands and is primarily governed by the
following laws:
The Constitution
New Civil Code of the Philippines
Public Land Laws
Property Registration Decree
Agrarian Reform Laws
Ancestral Domain Law
Page 4 of 41
Discussion Guide
Land Title and Deeds
P.D. No. 1529. The land has already been acquired by operation of law and is now private
land although its final adjudication for purposes of Torrens registration is still suspended.
This ordinary meaning of the word untitled land has been used in the same ordinary
sense by some land agencies as well. For example, Untitled Private Agricultural Lands
(UPAL) are used by the DENR and DAR to mean lands that have been considered as
private lands already by operation of law but said private ownership is not registered with
the Register of Deeds. Although UPALs are unregistered land, the DAR pays the
owner/claimant compensation when such land is covered and distributed. The most
common evidence of ownership on this type of tenure is the tax declaration that is filed
by land owners in the Assessor's Office of Local Governments for purposes of real
property tax assessment and payment.
B. Spanish Period
1. Ownership of Lands by Discovery
All lands in the Philippines were acquired by the Spanish crown through discovery.
Page 6 of 41
Discussion Guide
Land Title and Deeds
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.
C. American Period
1. Treaty of Paris of 1898 Between
the U.S. and Spain
What can a holder of a land title
All properties of the Spanish crown registered under the Spanish
were transferred to the United States Mortgage do during the American era?
Page 7 of 41
Discussion Guide
Land Title and Deeds
Introduction of two modes of acquiring titles to land.
Public land grants - homestead, sales, free patents;
Confirmation of Titles - imperfect titles from the Spanish and title by prescriptions
(by operations of law)
Resulted to the enactment of 2 laws
a. Act No. 496 (Land Registration Law)
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.
CASES:
1) Johnson vs Mackintosh
2) Chaves vs. The United States (175 U.S., 552)
3) Valenton vs Marciano 3 Phil. Reports 537, 2 Off. Gaz., 434, March 30, 1904;
4) Cansino vs Valdez, G.R. No. L-2468, July 16, 1906
5) Cario vs Insular Government, 212 U. S., 449
6) Jones vs. Insular Government, G.R. No. L-2506 April 16, 1906, 6 Phil.122
7) Susi vs. Razon and Director of Lands, G.R. No. L-24066, December 9, 1925
8) Mapa vs. Insular Government, G.R. No. L-3793, February 19, 1908, 10 Phil.,1753
9) Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)
10) Government of the Philippine Islands vs. Abella, G.R. No. L-25010 October 27,
1926, (49 Phil. 49)
11) Jocson vs Director of Forestry
12) Oh Cho vs Director of Lands, 75 Phil. 890
13) Uy Un vs. Perez, 71 Phil. 508 "En Espaol
14) Mindanao vs. Director of Lands, L-19535, July 10, 1967
Page 8 of 41
Discussion Guide
Land Title and Deeds
Page 9 of 41
Discussion Guide
Land Title and Deeds
1. Agricultural Lands -
Commonwealth Act No. 141
(Public Land Act) Executive Order No. 192 (June 10,
1987) created the National Mapping
2. Forest Lands - Presidential
and Resource Information Authority
Decree No. 795 (Revised Forestry
Code) (NAMRIA), integrating into it the
functions and powers of the Natural
3. Mineral Lands - Republic Act No. Resources and Management Center
7931 (Mining Act of 1995) (NRMC), the National Cartography
Authority (NCA), the Bureau of Coast
4. National Parks - Republic Act No.
7598 (National Integrated and Geodetic Survey (BCGS), and
Protected Area System Act) the Land Classification Teams of the
then Bureau of Forest Development
C. Rules on Land Classification (transformed into a Forest
Management Bureau performing staff
1. Classification describes the legal
nature not the natural state of the
land
2. Executive Department determines land classification (CA No. 141 and
PD No. 705)
3. Congress has the power to reclassify of land (Section 4 of Republic
Act No. 6657)
4. Congress will determine the final forest line
5. Disposition of public lands limited to agricultural lands;
Only to Filipino citizens; corporations cannot receive a public land grant except
by way of lease (not more than 1,000 hectares)
Limit is 12 hectares by way of homestead, sales and grants
Previously 16 hectares (Phil. Bill of 1902); 24 hectares in 1935 Constitution; 12
hectares under the 1987 Constitution
D. Classification of Lands
1. Criteria in Land Classification
Chapter II of PD No. 705
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.
Page 10 of 41
Discussion Guide
Land Title and Deeds
Topography 18% in slope unless covered by existing titles or approved public land
application or actually occupied openly, continuously, adversely and publicly for a
period of not less than thirty years (30)
Areas below 18% but are needed for forest purposes (see enumeration in Section
16 of PD No. 1529
Marking of forest boundaries
2. Lands of the Public Domain
Used to describe so much of the lands in the Philippines that has not been subjected
to private rights. Public lands are also used in a limited sense to describe such lands
as are subject to sale or other modes of acquisition or concession under the public
land laws.
1987 CONSTITUTION, ARTICLE XII, SECTION 3.
Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks.
Agricultural lands of the public domain may be further classified by law according
to the uses which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands.
Private corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand
hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve (12) hectares thereof by purchase, homestead, or
grant.
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.
Page 11 of 41
Discussion Guide
Land Title and Deeds
(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.
(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
15) DOJ Opinion No. 23, Series of 1995.
16) DENR vs Yap (G.R. No. 167707, October 08, 2008)
Agricultural Land
Page 12 of 41
Discussion Guide
Land Title and Deeds
17) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909)
18) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947)
Mineral Lands
19) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929)
20) 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.
21) Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000)
Survey Error
22) 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;
23) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189
SCRA 792)
24) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989)
Lands already registered by the Court as Private Lands
25) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d)
Page 13 of 41
Discussion Guide
Land Title and Deeds
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 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)
Page 14 of 41
Discussion Guide
Land Title and Deeds
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;
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
Page 15 of 41
Discussion Guide
Land Title and Deeds
B. Government Agencies with Land Survey and Mapping Functions
DENR is the primary agency that exercises direct control and supervision over survey of
lands in the Philippines (Section 4, CA No. 141). Such control is done through the
issuance of Survey Standards - Issues manuals and technical bulletins, that surveyors
has to follow in measuring and describing the boundaries of the land. The DENR also has
direct supervision of the conduct of all surveys through inspection, verification and
approval of surveys that are required to be submitted under the provisions of CA No. 141
and PD No. 1529. The LRA has concurrent jurisdiction to approve simple subdivision of
registered lands (Section 6 Par. 1 (f) of PD No. 1529). However, there are other
government agencies that has survey functions too. Below are these agencies and their
functions.
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;
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).
Page 16 of 41
Discussion Guide
Land Title and Deeds
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).
2 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.
Page 17 of 41
Discussion Guide
Land Title and Deeds
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.
Page 18 of 41
Discussion Guide
Land Title and Deeds
3. Survey Authority and Survey Order
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:
The survey is an original survey, meaning there is no existing approved survey on the
land or any ongoing cadastral or public land subdivision project;
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)
Page 20 of 41
Discussion Guide
Land Title and Deeds
5. Narrative Technical Descriptions
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.
Sample of a Narrative Technical Description:
Bounded on the S., along line 1-2 by Lot 14; along line
2-3 by Lot 15; along line 3-4 by Lot 16; along line 4-5 by
Lot 17, all of Blk. 15 of the cons. subd. plan; on the NW.,
along line 5-6 by Lot 541, Piedad Estate; on the N., along
line 6-7 by Lot 12 of Blk. 15 and on the E., along line 7-1
by Road Lot 6, both of the cons. subd. plan.
Cadastral Maps indicating individual parcels and their actual geographic position;
3Reminder: The lot/s on survey plans and land titles are stated in a simple plane that adjusted the curvature
of the earth in order to present the parcel in a two dimensional map. The adjustments sometimes create
seeming overlap when projected against the map of a different contiguous parcel plan from a different survey
system. It is advisable for land buyer to engage the services of a Geodetic Engineer in order to be sure
where the true boundaries of the land lies. Incurring this survey expense makes good sense to any land
buyers or mortgagee.
Page 22 of 41
Discussion Guide
Land Title and Deeds
Below are some of the commonly used large scale maps that establish land ownership
and support land titling and registration.
Page 24 of 41
Discussion Guide
Land Title and Deeds
(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
Page 27 of 41
Discussion Guide
Land Title and Deeds
b) Private individuals (citizens) up to 500 hectares;
c) Appraisal, bidding, entry, payment
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)
Page 28 of 41
Discussion Guide
Land Title and Deeds
abandoned military camp included; actual survey; two supporting affidavits of
disinterested person(residents)
b) Applies to all cities and municipalities
D. Restrictions on Patents
Patents issued by the government are subject to the following restrictions:
Page 29 of 41
Discussion Guide
Land Title and Deeds
31) Mejia vs. Mapa, G.R. No. L-7042, May 28, 1954
32) Diaz and Reyes vs. Macalinao, et al, 102 Phil. 999
33) Dauan vs. Secretary of Agriculture and Natural Resources, 19 SCRA 223
34) Pascua vs. Talens, G.R. No. L-348 April 30, 1948
35) Simeon v. Pea, GR No. L-29049, December 29, 1970;
36) Benzonan vs CA, 97998, January 27, 1992
37) Vargas and Vargas vs. Court of Appeals, GR No. L-35666, June 29, 1979
38) Santana and Panganiban vs. Marias, GR No. L-35537, December 27, 1979
39) Bajenting, et al. vs. Baes, et al., GR No. 166190, September 20, 2006
Page 30 of 41
Discussion Guide
Land Title and Deeds
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
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.
4Section14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of the Civil
Code.
Page 31 of 41
Discussion Guide
Land Title and Deeds
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:
49) Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984;
50) Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453
51) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962
Page 32 of 41
Discussion Guide
Land Title and Deeds
c) Landowners whose lands have been covered by Presidential Decree No. 27 shall
be allowed to keep the area originally retained by them thereunder;
d) Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of this Act shall retain the same areas as
long as they continue to cultivate said homestead.
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 co-owners
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.
Cases:
52) DOJ OPINION NO. 100, s. 2012, November 13, 2012
Page 33 of 41
Discussion Guide
Land Title and Deeds
Page 34 of 41
Discussion Guide
Land Title and Deeds
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 quasi-judicial
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).
Page 35 of 41
Discussion Guide
Land Title and Deeds
A representative with Special Power of Attorney may file in behalf of the
applicant
Application must be complete including all documentary requirements to
enable the land examiner and/or inspector to evaluate the application.
Page 37 of 41
Discussion Guide
Land Title and Deeds
2. Ordinary Registration Procedure (See Section 14 to 30 PD No. 1529)
a) Filing of the application (Regional Trial Court, BP No. 129)
b) Issuance of an Order setting the date and hour of the Initial hearing
which shall not be earlier than forty-five days nor later than ninety
days from the date of the order.
a) Notices
Publication Official Gazette;
Mailing; and
Posting.
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;
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.
Page 38 of 41
Discussion Guide
Land Title and Deeds
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.
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:
Marital status;
Name of the spouse and the date of marriage,
Nationality
Residence and postal address, and
The age
The cadastral number of the lot or lots claimed
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;
Page 40 of 41
Discussion Guide
Land Title and Deeds
If the claimant is in possession of the lots claimed and can show no express
grant of the land by the government, the answer shall state the length of
time he has held such possession and the manner in which it has been
acquired;
If the claimant is not in possession or occupation of the land, the answer
shall fully set forth the interest claimed by him and the time and manner of
his acquisition;
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
Same as ordinary registration
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:
Page 41 of 41