PROPERTY, OWNERSHIP & ITS
MODIFICATION STATE – belonging to the government
 PROPERTY – is anything, which is or
may be the objects of appropriation.
 OWNERSHIP – is the independent right
of exclusive enjoyment and control of a
thing for deriving therefrom all
advantages required by the reasonable
needs of the owner.
 ACCESSION – is the right pertaining to
the owner of a thing over everything,
which is produced thereby, either
naturally or artificially.
KINDS OF ACCESSION:
1. NATURAL FRUITS – the
spontaneous products of the soil.
2. INDUSTRIAL FRUITS – those
produced by lands of any kind
through cultivation and labor.
3. CIVIL FRUITS – rents of buildings or
the price of lease on lands.
4. NATURAL ACCESSIONS:
a. ALLUVION – when
sediments form art of land
from art of land from water
current.
b. AVULSION – one portion of
land transfers into another
estate.
*Alluvium: deposit itself
*Accretion: the act
*Accession: the right
 CO-OWNERSHIP – whenever the
ownership of an undivided thing or
right belongs to different persons.
 POSSESSION – the holding of a thing or
the enjoyment of a right.
 USUFRUCT – a person is given the right
to enjoy the property of another with
the obligation of preserving its form
and substance.
 EASEMENT/ SERVITUDE – is an
encumbrance imposed upon an
immovable for the benefit of another.
 PATRIMONIAL PROPERTY OF THE
as a private individual, without being
devoted to common use.
 FRIAR LANDS – lands acquired by the
government during the Taft Admin
from religious corporations or orders.
 CONJUGAL PROPERTY – husband and
wife
 CAPITAL PROPERTY – husband only
 PARAPHERNAL PROPERTY – wife only
 DONATION – act of liberality whereby
a person disposes gratuitously a thing
or a right in favor of another who
accepts it.
 SUCCESSION – mode of acquisition by
virtue of which the property, rights and
obligations in the extent of the value of
inheritance of a person is transmitted
upon his death.
 WRIT OF POSSESSION – writ of
execution issued by a court
commanding its sheriff to enter the
land and give possession thereof to the
person entitled under judgment.
 4 LIMITS OF OWNERSHIP OF
PROPERTY:
1. POLICE POWER – power of the
government to regulate real estate
ownership to protect the general
welfare of its citizen.
2. EMINENT DOMAIN – power of the
government to take private
property for public use upon
payment of just compensation.
3. POWER OF TAXATION –
government collects taxes on
property for the general support of
the estate.
4. ESCHEAT – reversion of the
property to the government when
the owner dies leaving no
testament.
 OBLIGATIONS AND CONTRACTS
 OBLIGATION – a juridical necessity to
give to do or no to do.
Sources of Obligations:
1. Law
2. Contracts
3. Quasi-contracts
4. Acts punished by law or quasi-
delicts
 QUASI-CONTRACT – juridical relation
resulting from lawful, voluntary and
unilateral act which has for its purpose
payment of indemnity to the end that
no one shall be benefited at the
expense of the other.
Principal Kinds of Quasi-contracts:
1. Negotiorum Gestio – when a person
voluntarily takes charge of
another’s abandoned business
without the owner’s authority.
2. Solution Indebiti – when something
is received when there is no right to
demand it, and was unduly
delivered by mistake.
 QUASI-DELICT/ TORT/ CULPA
AQUILIANA – an act of negligence,
which causes damage to another, there
being no pre-existing contractual
relations between the parties.
 NEGLIGENCE – omission of that
diligence which is required by the
circumstances of person, place, and
time.
Kinds of Damages:
1. Moral – for mental and physical
anguish.
2. Exemplary – corrective or to set
example.
3. Nominal – to vindicate a right when
no other kind of damage maybe
recovered.
4. Temperate – when the exact
amount of damages cannot be
determined.
5. Actual – actual losses as well as
unrealized profits.
6. Liquidated – predetermined
beforehand by agreement.
Kinds of Negligence
1. Culpa Contractual – contractual
negligence of that which results in a
breach of contract.
2. Culpa Aquiliana – civil negligence or
tort or quasi-delict
3. Culpa Criminal – criminal
negligence of that which results in
the commission of a crime or a
delict.
 FORTUITOUS EVENTS – could not be
foreseen or which even if foreseen, was
inevitable.
 JOINT OBLIGATIONS – to each his own.
 SOLIDARY OBLIGATIONS – one for all,
all for one.
Modes of Extinguishing Obligations:
1. Novation – changing its object, or
principal conditions, or by
substituting debtor.
2. Compensation – when two persons
are creditors and debtors of each
other.
3. Confusion on Merger – creditor and
debtor are merge in the same
person.
4. Condonation/ Remission/ Waiver –
creditor condones the obligation of
the debtor.
5. Payment – delivery of the thing or
the rendition of the service, which
is the object of obligation.
6. Loss of Thing Due
 PENAL CLAUSE – accessory
undertaking assume greater liability in
case of breach. It is attached to
obligation to insure their performance.
 DATION IN PAYMENT – the debtor
alienates in favor of the creditor
property for the satisfaction of
monetary debt.
 CESSION / ASSIGNMENT – debtor
transfers all properties not subject to
execution in favor of his creditors so
that the latter may sell them and thus
apply the proceeds to their credits.
 REFORMATION – remedy in equity in
which a written instrument is made to
conform to the real intentions of the
parties when some error or mistake
has been committed.
 RESCISSION – relief to protect one of
the parties from all injury and
damages, which contract, may cause, to
protect some preferential right.
 ACCION PAULINA – action to rescind
contracts made in fraud of creditors.

 SUBROGATION – transfer to a third  ESTOPPEL – when representations is

person of all the rights appertaining to rendered conclusive upon the person
the creditor. making it, and cannot be denied or
disproved as against the person relying
thereon.
 CONTRACT – meeting of minds
between two or more persons
whereby one binds himself to give
something or render service.

 MISTAKE/ ERROR – false belief about

something.

 UNDUE INFLUENCE – when a person

takes improper advantage of his power
over the will of another, depriving the
latter of a reasonable freedom of
choice.

 FRAUD – through insidious words of

one of the contracting parties, the
other is induced to enter into a
contract, which, without them, he
would not have agreed to.
*All other contracts where the amount
involved exceeds P500 must appear in
writing, even in a private one.
REGISTRATION OF LAND TITLES AND DEEDS
 LAND TITLE – refers to that upon
which ownership is based.
 DEED – written instrument executed in
accordance with law, wherein a person
conveys to another certain land,
tenements or hereditaments.
 REGISTRATION – act where the State
provides a public record of the title
itself.
Modes of Acquiring Land Titles:
1. Public Grant – conveyance of public
land by government to private
individual.
2. Prescription – possessor of land, who
may not be the owner, after a period
prescribed by law, may assert
ownership of land.
3. Accretion
4. Reclamation – filling of submerged land
by deliberate act and reclaiming tile
thereto.
5. Voluntary Transfer
6. Involuntary Alienation – does not
require the consent of the owner of
land and is usually carried out against
his will.
7. Descent/ Devise – hereditary
succession
8. Emancipation Patent
 DECISION/ DECREE OF COURT – issued
by the court adjudicating ownership in
favor of one of the claimants.
 DECREE – declaration of the court that
its decision has become final and order
LRA to issue decree of registration.
 DECREE OF REGISTRATION – issued by
the LRA containing TD of land.
 MUNIMENTS – written evidence, which
the applicant holds to enable him to
prove title to his estate.
 CERTIFICATE OF TITLE – transcript of
the decree of registration made by the
Register of Deeds.
 TORRENS TITLE – certificate of
ownership issued under Torrens
System.
Remedies to Aggrieved Parties in
Registration Proceedings
1. New Trial – within 30 days after
notice of judgment based on fraud,
accident, newly discovered
evidences, etc.
2. Appeal – within 15 days from date
of notice of decision.
3. Review of Decree of Registration –
within 1 year after date of entry of
decree with RTC.
4. Relief from Judgment – applicable if
petition is filled within time
provided and decree of registration
is not yet issued.
5. Re-conveyance – if property is not
passed to an innocent third person.
6. Recovery of Damages thru the State
Assurance Fund – when a person is
wrongly deprived of land without
negligence on his part.
 LIS PENDENS/ LITIS PENDENCIA –
Latin term for pending suit or
litigation. Indicate the control, which a
court has over the property involved
therein.
 AFFIDAVIT OF ADVERSE CLAIM – a
claim affecting the title or be adverse to
the title of the registered owner.
Effective only for a period of 30 days.
*Land Registration Authority (LRA)
- former Land Registration
Commission under the supervision of
the Sec. of Justice.
 PUBLIC LAND ACT (CA 141)
 PUBLIC LANDS – lands of the public
domain which are subject to alienation
and disposal by the estate.
OFFICERS CHARGED WITH THE ADMIN OF
PUBLIC LANDS:
 Sec. of DENR – provisions of Public
Land Act (sec 3 CA 141)
 Director of Lands – executive control
over surveys, classifications, leases,
sales and other forms of concession of
public lands (sec 4 CA 141)
CLASSIFICATION OF LANDS OF PUBLIC
DOMAIN:
1. Agricultural
2. Forest/ timber
3. Mineral
4. National Parks
 All lands of public domain belongs to
the state and only agricultural may be
subject to alienation.
 The president upon recommendation
of the Sec. of DENR is authorized to
make the classifications (sec 9 CA 141)
MODES OF ALIENATING PUBLIC
AGRICULTURAL LANDS (sec 11)
1. For homestead settlement;
2. By sale;
3. By confirmation of Imperfect Title
 No private corporation may hold
alienable lands of public domain except
by lease.
 PD 152 prohibits employment of
tenants to cultivate lands thus
applicant must till the land by
HIMSELF.
HOMESTEAD SETTLEMENT – the home, the
house and the adjoining land where the head
of the family dwells.
QUALIFICATIONS:
1. Filipino, over age of 18 or head of the
family.
2. Not an owner of land 12 has in the
Philippines by the US (sec 12 CA 141)\
*Maximum obtainable area is 12 hectares.
*Applicant takes possession of land upon
payment of entry fee; works on the land
within 6 months from date of approval.
*1/5 of land must be cultivated and improved
in a period of 1-5 years; continuous residence
of 1 yr.
 VESTED RIGHT – is right or interest in
property that has been fixed and is no
longer open to doubt.
 Heirs-in-law of applicant succeeds in
case of latter’s death.
RESTRICTIONS IN DISPOSITION OF
HOMESTEAD AND FREE PATENT:
1. From approval of application up to 5
years, land cannot be subject to
encumbrance or alienation.
2. After 5 years from issuance of patent
and within 25 years after issuance of
title no alienation, transfer or
conveyance may be made without the
approval of DENR Sec.
SALE
QUALIFICATIONS:
1. Filipino citizens of lawful age or head
of the family.
*Maximum obtainable area is 12 has.
*An amount equivalent to 10% of the bid is to
be submitted to the DL. Highest bidder may
pay balance in full or in not more than 10
equal annual installments.
LEGAL LIMITATIONS & RESTRICTIONS:
1. Subject to a right-of-way < 60 m in
width for public highways, railroads,
etc.
2. No transfer to an individual when the
area of such land added to the
transferee is > 12 has.
3. No sale or encumbrance within 10
years from granting of title.
LEASE
QUALIFICATIONS:
1. Filipino citizen of lawful age.
2. Corporations owned by Filipinos or
60% part Filipino.
500 has. = individual
1000 has. = corporation
*Prosed annual rental > 3% of appraised
value of land.
*Bidder shall deposit at least first 3 months of
the lease.
*Period of lease = 25 years renewable for not
more than 25 years.
*Cultivation requirement = 1/3 of land
within 5 years from date of approval of lease.
LANDS FOR RESIDENTIAL, COMMERCIAL &
INDUSTRIAL PURPOSES
1. Reclaimed Lands – submerged lands
that by dredging & filling emerged to
the surface.
2. Foreshore Lands – lands adjacent to
the sea, which is alternately covered
and uncovered by the ordinary flow of
tides.
3. Marshy Lands – lands bordering on
shores and banks of navigable rivers
and lakes.
MODES OF DISPOSITION (for reclaimed,
foreshore & marshy lands):
1. By Sale
2. By lease not to exceed 144 hectares.
CONDITIONS IN LEASE:
1. Purchase price to be paid in cash or in
not more than 10 equal annual
payments.
LANDS FOR EDUCATIONAL CHARITABLE &
OTHER SIMILAR PURPOSES:
QUALIFICATIONS:
1. Any province, municipality or branch
of gov’t in the form of donation, sale,
lease, etc.
2. Any private institution for the purpose
of founding a cemetery, church, college,
etc.
RESERVATIONS FOR TOWNSITES AND FOR
PUBLIC AND SEMI-PUBLIC USES:
 Reservation of 40 m wide along the
bank on each side of any river or
stream for timberland of the gov’t (sec
90 CA 141).
 Subject to a right of way not exceeding
60 m in width for public highways,
railroads, etc. (sec 112 CA 141).
PHILIPPINE MINING ACT OF 1995 (RA 7942)
 Mineral lands – lands containing
deposits of valuable, useful or
precious minerals in such.
 Minerals – all naturally occurring
inorganic substances in solid, liquid,
gas excluding energy materials
 Regalian Doctrine – minerals belong to
the state wherever they may be found.
MAXIMUM AREA FOR EXPLORATION:
Permit:
a. Onshore, in any one province:
*individuals = 20 blocks
*corporations = 200 blocks
b. Onshore, entire Philippines:
*individual = 40 blocks
*corporation = 400 blocks
c. Offshore, beyond 500 m from mean
low tide level:
*individual = 100 blocks
*corporation = 1000 blocks
1. Mineral Production Sharing –
government grants to the contractor
exclusive right to conduct mining and
share on the gross output.
2. Co-production – the government shall
provide inputs to the mining
operations other than the mineral
resources.
3. Joint Venture – organized by the
government and contractor with both
parties having equity shares.
 Term of Financial or Technical
Assistance Agreement = 25 years
from execution thereof, renewable <
25 years.

MAXIMUM AREA FOR MINERAL AGREEMENT:

a. Onshore, on any province:
*individual = 10 blocks
*corporation = 100 blocks
b. Onshore, entire Philippines:
*individual = 20 blocks
*corporation = 200 blocks
c. Offshore, entire Philippines:
*individual = 50 blocks
*corporation =500 blocks

MAXIMUM CONTRACT AREA:

a. 1000 meridional blocks onshore;
b. 4000 meridional blocks offshore; or
c. Combination provided that it should
not exceed the max limits for onshore
& offshore areas.

MODES OF MINERAL AGREEMENT:

 REVISED FORESTRY CODE OF THE
PHILIPPINES (PD 705)
 PUBLIC FOREST – mass of lands of
public domain, which has not been the
subject of present classification of
which lands are needed for forest
purposes and which, are not.
 PERMANENT FOREST/ FOREST
RESERVES – lands of public domain
declared not needed for forest
purposes.
 FOREST RESERVATIONS – forest lands
which the President has reserved for
any specific purpose.
 FOREST LANDS – include public forest,
permanent forest and forest
reservations.
 NATIONAL PARKS – forest land
reservation essentially of primitive or
wilderness character.
 FOREST PRODUCTS – include timber,
pulpwood, firewood, bark, resin, gum,
etc. in forestlands.
 BUREAU OF FORESTRY
DEVELOPMENT – the merging of all
forestry agencies under the
supervision of DENR. (sec 4 PD 705)
 No land of public domain of slope >
18% and forest land of slope > 50%
shall be classified as A&D. (sec 15 PD
705)
FOREST GRANTS OR PRIVILEDGES
(Sec 20 PD705)
 LEASE – granted by the State to a
person to occupy and possess any
forestland to undertake authorized
activity therein.
 LICENSE – granted by the State to a
person to utilize forest resources
without any right of occupation and
possession.
 LICENSE AGREEMENT – granted by the
State to a person to utilize forest
resources with right of occupation and
possession.
 PERMIT – short-term privilege granted
by the State to a person to utilize any
limited forest resources.
*Private corporations may hold such lands
only by lease for 25 years, renewable for not
more than 25 years and < 1000 has. Filipino
citizens < 500 has.
PASTURE AGREEMENTS:
1. Pasture leases may be applied thru
public auction.
2. Annual rental > 3% of appraised value
plus 1% of improvements.
3. Period of Lease = 25 years renewable
for another 25 years justified by
important improvements.
CRIMINAL OFFENSES UNDER PD 705:
1. Cutting and collecting of forest
products without permit is punishable
as qualified theft under art 309 & 310
of Revised Penal Code.
2. Unlawful occupation or destruction of
forestlands is punishable by fine and
imprisonment.
3. For pasturing or gazing if forestlands
without permit, penalty is
imprisonment and fine equal to 10
times the regular rentals due.
4. Illegal occupation of national parks and
for vandalism therein, the penalty is
fine and value of thing damaged.
 CONDOMINIUM ACT (RA 4726) improving blighted squatter areas
outside Metro Manila.
 Condominium – an interest in real
 Socialized Housing – housing programs
property consisting of a separate
for the underprivileged, which shall
interest in a unit in a residential,
include long term financing, liberalized
industrial, or commercial building and
terms.
an undivided interest in common,
 Zonal Improvement Program/ ZIP –
directly or indirectly, in the land on
program of the NHA improving
which it is located.
blighted areas within the cities of
Metro Manila.
 Main Subdivision Project – proposed
SUBDIVISION AND CONDOMINIUM BUYER’S
residential subdivision or
PROTECTIVE DECREE (PD 957)
condominium project, which shall be
 Subdivision Project – tract of land the basis for computing the 20%
which is partitioned primarily for requirement for, socialized housing.
residential purposes into individual  New Settlement – any new, large-scale
lots with or without improvements development consisting of one or
thereon, and offered to public for sale. several subdivision projects planned to
 Complex Subdivision Plan – subdivision provide housing and related facilities.
plan wherein a street, passageway or  Project Location – within the project or
open space is delineated. within the same city (sec 4).
 Condominium Project – entire parcel of
real property divided primarily for
residential purposes into HLURB BOARD RESOLUTION NOS. 578 & 579
condominium units.
 Revised minimum design standards
 Condominium Units – part of the
for PD 957 & BP 220.
condominium project intended for any
 Subdivision models A, B, and C under
type of ownership or independent use.
PD 957 have been replaced with OPEN
 Open Space – area reserved exclusively
MARKET HOUSING.
for parks, playgrounds, schools, roads
 4 models under BP 220 have been
and other similar facilities and
replaced with ECONOMIC HOUSING
amenities.
AND SOCIALIZED HOUSING.
 Road Lots – include roads, sidewalks,
alleys, and planting strips, drainage
and sewerage.

URBAN DEVELOPMENT AND HOUSING ACT

OF 1992 (RA 7279)
 Resettlement Areas – areas which, shall
be used for the relocation of the
underprivileged and homeless citizens.

 Slum Improvement and Resettlement

Program/ SIR – program of NHA of
PHILIPPINE GEODETIC ENGINEERING ACT OF
1998 (RA 8560)
Board of Geodetic Engineering:
1 Chairman
2 Members
 Appointed by the President.
QUALIFICATIONS (sec 4, RA 8560)
1. Natural born citizen of the Philippines.
2. At least 40 years old.
3. Registered GE in private practice for 10
years.
4. Not a member of any faculty of any
school where GE is taught.
5. Not connected with a review center for
a period of 3 consecutive years.
TERM OF OFFICE (sec 5 RA 8560)
*3 years and may be reappointed for another
term but shall not serve continuously for more
than 6 years.
*PD 223 – decree creating the PRC.
COMPRENSIVE AGRARIAN REFORM LAW OF *Lands shall be paid to the LBP in 30 annual
1988 (RA 6657) amortization at 6% interest per annum
(under PD 27 it is 15 annual amortization)
*superseded PD 27 or the Tenant
Emancipation Decree.
RESTRICTIONS/ RIGHT OF REPURCHASE
RETENTION LIMITS: *Lands under this act may not be sold or
transferred except through hereditary
1. Landowners = 5 hectares
succession, or to the government, or to the
2. Each children of landowner = 3
LBP for a period of 10 years.
hectares provided:
a. At least 15 years of age
PENAL PROVISIONS
b. He/ she is actually tilling the
*Violators shall be punished by imprisonment
land or managing the farm.
1 month- 3 years or a fine P1000-1500 or
ORDER OF PRIORITY IN THE ACQUISITION both.
AND DISTRIBUTION OF LANDS:
PHASE I:
a. Rice and corn lands under PD 27
b. All idle or abandoned lands
c. Lands foreclosed by the government
financial institutions

PHASE II
a. All A & D public agricultural lands
b. All private agricultural lands > 50
hectares

PHASE III
a. Landholdings 24-50 hectares
b. Landholdings from the retention limit
up to 24 hectares.

*A landless beneficiary is one who own < 3

hectares of agricultural land (sec 25 RA 6657)
*No qualified beneficiary may own more than
3 hectares of agricultural land (sec 23 RA
6657)
*Under PD 27 max area is 5 hectares if not
irrigated or 3 hectares if irrigated.

 Certificate of Land Ownership Award/

CLOA – certificate issued to qualified
beneficiaries which evidenced their
ownership to lands acquired under
CARP (in PD 27 it is called Certificate of
Land Transfer/ CLT)
 LAW IN FISHERIES AND OF WATERS *License for Fish pens from the Bureau/
Mayor of City:
 PD 704 – Fisheries Decree of 1975 *5 years renewable for another 5 yrs.

 Bureau of Fisheries & Aquatic *Maximum Areas:

Resources – exercises jurisdiction and *Individuals = 10 hectares
assumes responsibility over all fishery *Association = 50 hectares
and aquatic resources of the country
except for municipal waters. .

 Municipal Government – has

jurisdiction over municipal waters.

 RA 3512 – created the Philippine

Fisheries Commission.

 BFAR – has direct responsibility for the

implementation of fishery
development program of FIDS.

Classification of Fisheries:
1. Commercial Fishing – for commercial
purposes.
*in waters of > 7 fathoms (6 ft.) with
the use of fishing boats> 3 gross tons
2. Municipal/ Sustenance Fishing – small-
scale utilizing boats of 3 gross tons.

Disposition of Public Lands for Fishpond

Purposes: LEASES
 No public land suitable for fishpond
purposes shall be disposed by sale.

Conditions for Lease;

1. A period of 25 years renewable for 25
years.
2. 50 % of area commercially developed
within 3 years remaining within 5
years.

Limitations:
 Individuals = 50 hectares
 Associations = 500 hectares