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LANDS

PUBLIC
PRIVATE

MINING FOREST AGRICUTURA A. Section 14 B. Prescription C. Accession/ D. Other Means


L Accretion Prescribed by Law

Non-disposable/ Reserved for Alienable/ Registerable


non-alienable Specific Purposes Disposable

Judicial
Non registerable Grant
Ordinary Cadastral
Patent (Section
103)
Application Cadastral Survey

Survey Plan Placement of


title

Notice of initial Cadastral Map


Hearing

Certificate of OSG
Incontrollctible Title
Opposition
Petition
Indefeata RD Sec. 32
Actual
ble Fraud Answer
Publication

Initial hearing
Decree of Judgement Registral
registration Service
LRA
Juridictional Default Schedule of
Court Posting Rewuirements trial

General Special
Cadastral
Adjudicate
Res Judicata
1. Ordinary acquisitive prescription - 10 years
Good faith and with just title
2. Extraordinary acquistive prescription - 30 years
Bad faith and without just title.

If the land is inalienable the title suffers a legal infirmity and is therefore null
& void
Not enough that the executive declares the title null and void, as it is a matter
for the courts to do
osg - files petition against the rest of the world (in rem proceeding)
required parties’ people whose land is adjacent to said land.
Omission of their name - requires extent of search into finding them,
deprives the party to be informed that a particular land is being part o f a
registration where in a vested right is vested in their favor, and
deprivation to be part of the hearing

September 10, 2018 Land Titles (Francisco vs. CA - names of dead people were included notices sent dead
Public Land Act PD 1529 cant respond)
Conditions prescribed:
1. Period Possession When to file opposition and answer = initial hearing
OnccTitle passes in a form of incomplete or imperfect title Parties may ask for more time to file opposition from the courts
Granted by the goverment through a patent or grant ( doesn’t decide
arbitrarily or at random) No patent over private lands

Sec. 48 Judicial
1. Continuous, open possession by oneself
2. CHaracteristic of alienable lands

(heirs of malabanan vs republic) (differentiate how one acquires ownership by


prescription)
The possession extended June 12, 1948 or earlier ( the land has been classified
alienable and disposable only required after the filing of the application)
“June 12, 1948 or earlier “ refers to the possession in the character of
disposable

Alienable lands of public domain not susceptible of prescription

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