Confirmation of Imperfect Titles

What are Imperfect Titles?

 It refers to title which is defective and does not convey full legal transfer of a parcel of land.
 When by themselves or through their predecessor in interest have been in open, continuous,
exclusive and notorious possession of and occupation of alienable and disposable lands of the
public domain, under a bona fide claim of acquisition of ownership since June 12, 1945, except
when prevented by war or force majeure. (Sec 48 (b), Public Land Act)

2 modes of disposing public lands through imperfect title:

 Judicial Confirmation; and
 Administrative Legalization, otherwise known as free patents.

Where should on file for Judicial Confirmation of Imperfect title?

 Under Sec 48 of Public Land Act, application for judicial confirmation of imperfect title is
cognizable by the Regional Trial Court of the province or city where the land is located.

What are the requisites for a Judicial Confirmation of Imperfect Title to prosper?
 Under Sec 48 (b) of the Public Land Act:
o They, through themselves or their predecessors of interest, must have been in an open,
continuous, exclusive and notorious possession and occupation of such lands of the
public domain;
o Such lands must be alienable and disposable lands of the public domain;
o Such possession and occupation must be under a bona fide claim of acquisition of
ownership since June 12, 1945, except when prevented by war or force majeure.

What are the effects of compliance of requisites as provided in Sec 48 (b) of the Public Land Act?
 The possessor is deemed to have acquired, by operation of law, right to a grant over the land.
 The land is segregated from the public domain, because the beneficiary is conclusively presumed
to have performed all the condition essential to Government grant.
 The land becomes private in character and is now beyond the authority of the Director of Lands
to dispose of.

What is the effect/s of judicial confirmation of imperfect titles?

 Once confirmed, original registration of title via judicial proceedings takes place.
 The registration court does not grant the applicant the title over the property, but merely
recognizes the applicant’s existing title which had already vested upon the applicant’s compliance
with the requirements laid down in Sec 48 (b) of the Public Land Act.
Registration of Patents
Land Patent - A land patent is an exclusive land grant made by a sovereign entity with respect to a tract
of land.

When to register a land patent?

 Under Sec 103 of PD No 1529, whenever ownership of public lands is alienated, granted or
conveyed to any person by the Government, such transfer of ownership must be registered with
the Register of Deeds of the province or city where the land lies.

Who causes the registration of patents?

 Under Sec 103 of PD No. 1529, it is the duty of the official issuing the instrument of alienation,
grant, patent of conveyance in behalf of the Government to cause such instrument to files with
the Register of Deeds, whereupon a certificate of title shall be entered as in other cases of
registered land, and an owner’s duplicate shall be issued to the grantee.

Who pays for the registration of patents?

 Under Sec 103 of PD No. 1529, the fees for the registration shall be paid by the grantee.

When do the ownership of public lands transfer to the grantee?

 Under Sec 103 of PD No. 1529, it is the act of registration that shall be the operative act to affect
and convey the land. The deed, grant, patent or any conveyance from the Government to the
grantee shall not take effect as a conveyance or bind the land, but shall operate only as a contract
between the Government and the grantee as evidence of authority to the Register of Deed to
make registration.

What is the effect/s of registration of patents?

 Under Sec 103 of PD No. 1529, after due registration and issuance of the certificate of title, such
land shall be deemed to be registered land.
 Public land patents when duly registered are veritable Torrens titles subject to no encumbrances
except those stated therein, plus those specified by the statute.
 Such lands become private property which are entitled to all the safeguards of a veritable Torrens
title.
 The certificate of title issued by virtue of said patents has the force and effect of a Torrens title
issued through judicial registration proceedings.