1

PURPOSE OF THE TORRENS SYSTEM OF REGISTRATION

to decree land titles that shall be final, irrevocable, and undisputable

goal is incontestability
Sec. 31 of PD 1529: the decree of registration shall bind the land and
shall be conclusive upon and against all persons, including the
National Government and all the branches thereof
Sec 32 of PD 1529: the decree shall not be reopened or revised by
reason of absence, minority or other disability of any person affected
thereby, nor by any proceeding in court for reversing judgments,
subject, however, to the right of any person deprived of land or of
any estate or interest therein by such adjudication or confirmation of
title obtained by actual fraud to file in the proper RTC a petition for
reopening and review of the decree of registration not later than one
year from the date of the entry of such decree registration
adopted in the country because it was believed to be the most
effective measure to guarantee the integrity of land titles and to
protect their indefeasibility once the claim of ownership is established
and recognized.
to ascertain once and for all the absolute title over a given landed
property
to make, so far as it is possible, a certificate of title issued by the
court to the owner of the land absolute proof of such title
to quiet title to the land and to put a stop forever to a question of
legality to a title
to decree that land title to be final, irrevocable and indisputable
that being the purpose of the law, it would seem that once a title is
registered, the owner may rest secure, without the necessity of
waiting in the portals of the court, or sitting in the mirador de su
casa to avoid the possibility of losing his land
CERTIFICATE OF TITLE

best proof of ownership of land

the title, once registered is notice to the world
no one can plead ignorance of the registration
REGISTRATION ONLY CONFIRMS OWNERSHIP

decree of registration merely confirms, but does not confer

ownership
primary purpose of Torrens system is the registration of title which
the applicant has and to relieve his land of unknown liens or claims,

just or unjust, against it (except those which shall be noted in the

order of registration and in the certificate issued)
Torrens system of land registration is a system for the registration of
title to land only (not established for the acquisition of land)
if there exist known and just claims against the title of the applicant,
he gains nothing in effect by his registration (except on the simplicity
of the subsequent transfers of his title)
registration either relieves the land of all known as well as unknown
claims, absolutely
or it compels the claimants to come into court and to make there a
record, so that thereafter there may be no uncertainty concerning
either the character or the extent of such claims
registration does not best or give title to the land, but merely confirms
and thereafter protects the tile already possessed by the owner,
making it imprescriptible by occupation of third parties
Owner does not obtain title by virtue of the certificate. He secures his
certificate b virtue of the fact that he has a fee simple title
land must be placed under the operation of registration laws wherein
the certain judicial procedures have been provided to obtain the
protection of the Torrens system
placing a parcel of land under the Torrens system does not mean
that ownership thereof can no longer be disputed
OWNERSHIP IS DIFFERENT FROM A CERTIFICATE OF TITLE

While certificate of tile may be considered the best proof of

ownership, the mere issuance thereof does not foreclose the
possibility that the property may be under co-ownership with
persons not named in the certificate or that the registrant may only
be a trustee or that other parties may have acquired interest
subsequent to the issuance of the certificate of title
SYSTEMS OF REGISTRATION

REGISTRATION- any entry made in the books of registration, including both

registration in its ordinary and strict sense and cancellation, annotation and
even marginal notes
REGISTRATION (IN ITS STRICT ACCEPTATION)- entry made in the
registry which records solemnly and permanently the right of ownership and
other real rights
TWO SYSTEMS OF REGISTRATION
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1. For Registered lands

under PD 1529
2. For Unregistered lands
under Act. No. 3344
Registration of instruments must be done in the proper registry in order
to bind the land
If a parcel of land covered by a Torrens title is sold, but the sale is
registered under Act No. 3344 and not under the Property Registration
Decree, the sale is not considered registered and the registration of the
deed does not operate as constructive notice to the whole world.
Act No. 3344 provided for the system of recording transactions over
unregistered real estate without prejudice to a third party with a better
right
There can be no constructive notice through registration under Act No
3344 if the property is not registered under the Torrens System, nor can
be the registration is effective for purposes of Art. 1544 of the CC on
double sale

Sec. 113 of PD No. 1529

govern the recording of instruments relating to unregistered lands

provides that no deed, conveyance, mortgage, lease or other
voluntary instrument affecting land not registered under Torrens
System shall be valid except as between the parties thereto, unless
such instrument shall have been recorded in the office of the
Register of Deeds
recording, however, shall be without prejudice to a third party with a
better right

LAWS GOVERNING LAND REGISTRATION

State has control over the real property within its limits
State may provide any reasonable rules or procedures on conditions
of ownership of real estate within the State, whether the owner be a
stranger or a citizen is subject to its rules, concerning the holding,
transfer, liability to obligations, private or public, and the modes of
establishing title thereto, and for the purpose of determining these
questions
State has right to determine how title may be acquired and proved
and to establish the method of procedures

PRIMARY SOURCES OF LEGISLATION GOVERNING THE

REGISTRATION OF PRIVATE LANDS AND LANDS OF PUBLIC DOMAIN

1. PUBLIC LAND ACT (CA NO. 141)

governs the judicial confirmation of imperfect or incomplete
titles on the basis of possession and occupation of alienable
portions of the public domain in the manner and for the
length of time required by law
2. PROPERTY REGISTRATION DECREE (PD NO. 1529)
codification of all law relative to registration of property and
supersedes all other laws relative to registration of property
incorporated the provisions of Act. No. 496 (Land
Registration Act (LRA) )
3. CADASTRAL ACT (ACT NO. 2259)
offspring of the system of registration under LRA
aims to serve public interests by requiring that the title to
any lands to be titled and adjudicated
salient provisions have been carried over in the present
Property Registration Decree (PRD), particularly in Sec 35 to
38 of the decree
4. INDIGENOUS PEOPLES RIGHTS ACT (RA NO. 8371)
recognizes the rights of ownership and possession of
indigenous cultural communities or indigenous peoples to
their ancestral domains and ancestral lands on the basis of
native title, and defines the extent of these lands and
domains
1.
for purposes of registration, IPRA expressly converts
2.
ancestral lands into public agricultural lands, and individual
members of cultural communities, with respect to their
individually owned ancestral lands, shall have the option to
secure title to their ancestral lands under the provisions of
Public Land Act or the Property Registration Decree
this option is limited to ancestral lands only (not
domains) and such lands must be individually, not
communally owned
Registration proceedings under the aforesaid systems are judicial and
in rem;

land registration courts decision ordering the confirmation and the

registration of title being the result of a proceeding in rem, binds the
whole world
ex. deal with status, ownership or liability of a particular property but
which are intended to operate on these questions only as between
the particular parties to the proceedings and not to ascertain or cut
off the rights of interests of all possible claimants
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judgments therein are binding only upon the parties who joined in the
action

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.

Distinguished from proceeding in personam and quasi in rem

Co-owners shall file application jointly

proceedings to enforce personal rights and obligations against a
person although it may involve his right to, ot the exercise of
ownership of, specific property
ex. action for recovery of real property

Voluntary
-registration under PLA, PRD and IPRA
Compulsory
-registration under the Cadastral Act as it is the government itself which
initiates the petition

A. REGISTRATION UNDER THE PROPERTY REGISTRATION

DECREE
Who May Apply

The following may apply for registration (whether personally or

through their duly authorized representatives
1. those who by themselves or through their predecessors-ininterest 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 provisions 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 by law
Where the land is owned in common, all the co-owners shall file the
application jointyly
Where the land is sold under pacto de retro, the vendor, a retro
may file an application for the original registration of the land,
provided, 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

Under Art. 493 of CC, each co-owner shall have the full ownership of
his part and of the fruits and benefits pertaining thereto, and he may
therefore alienate, assign or mortgage it, and even substitute another
person in its enjoyment, except when personal rights are involved
but the effect of the alienation or mortgage (with respect to the coowners) shall be limited to the portion which may be allotted to him in
the division upon the termination of the co-ownership
since a co-owner cannot be considered a true owner of a specific
portion until division or partition is effected, he cannot file an
application for registration for the whole are without joining the coowners as applicants

Vendee a retro may file the application in his name

a sale with pacto de retro transfers the legal title to the vendee and
the vendee is subrogated to all the rights and actions of the vendor,
subject to the latters right of redemption
having the legal title to the land, the vendee a retro has therefore a
registrable title thereto which may be the subject of initial registration
right to redeem the property retained by the vendor a retro should
only be noted in the decree and certificate of title that may be issued.

Trustee may apply for registration on behalf of his principal

trustee n behalf of his principal may apply for original registration of

any land held in trust by him
trustor- person who establishes trust
trustee- one in whom confidence is reposed as regards property for
the benefit of another
beneficiary or cestui que trust- the person for whose benefit the
trust has been created
whoever claims an interest in registered land by reason of any
implied or constructive trust shall file with the Register of Deeds for
registration a sworn statement containing a description of the land,
the name of the registered owner and a reference to the number of
the certificate of title.
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such claim shall not affect the title of a purchaser for value ad in
good faith before its registration
Corporation sole or ordinary is not the owner of the properties
that he may acquire but merely the administrator thereof and holds
the same in trust for the faithful or members of the society or church
for which the corporation is organized
properties acquired by the incumbent pass, by operation of law, upon
his death not to his personal heirs but to his successor in office

REQUISITES FOR REGISTRATION UNDER SEC. 14 (1)

Alienable and disposable lands of public domain

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

pertains to original registration through ordinary registration

proceedings
1. that the land applied for is an agricultural public land classified as
alienable and disposable land at the time
2. the application for registration is filed with the proper court
3. that the applicant, by himself or through his predecessors ininterest 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
4. that such possession and occupation has been effected since
June 12, 1945

Land must already be (1) and (4) at the time of the filing of the
application

Sec. 14 (1) merely requires the property sought to be registered as

already alienable and disposable at the time the application for
registration of title is filed. (Republic v CA and Naguit)
the law does not require that the land subject of registration should
have been alienable and disposable during the entire period of
passion or since June 12, 1945
Acquisition of ownership by prescription

those who have acquired ownership of private lands by prescription under

the provisions of existing laws

properties of public dominion cannot be acquired by prescription

there can be no prescription against the state regarding property of

public domain no matter how long the possession of the properties
has been
even a city or municipality cannot acquire them by prescription
against the state.
Exception: where the law itself provides. Thus, patrimonial property
of the State may be the subject of acquisition through prescription
lands of public dominion shall form part of the patrimonial property of
the State when there is a declaration by the government that these
are alienable or disposable and are no longer for public use or public
service.
only when such lands have become patrimonial can the prescriptive
period for the acquisition of property of the public dominion begin to
run

2 Kinds of Prescription by which patrimonial property may be

acquired
1. ordinary acquisitive prescription- person acquires ownership of a
patrimonial property through possession for atleast 10 yrs, in good
faith and with just title
2. extraordinary- a persons uninterrupted adverse possession of
patrimonial property for at least 30 yrs, regardless of good faith or
just tile, ripens into ownership pursuant to Art. 1137 of the CC
Prescription, generally

one acquires ownership and other real rights through the lapse of
time in the manner and under the action laid down by law
all things which are within the commerce of men are susceptible of
prescription, unless otherwise provided
property of the State or any of its subdivisions not patrimonial in
character shall not be the object of prescription
2 kinds of acquisitive prescription of dominion and other real rights
may be ordinary (requires possession of things in good faith and
with just title for the time fixed by law) or extraordinary
ownership and other real rights over immovable property are
acquired by ordinary prescription through possession of 10 years
ownership and other real rights over immovables also prescribe
through uninterrupted adverse possession thereof for thirty years,
without need of title or of good faith.

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good faith of the possessor consists in the reasonable belief that

the person from whom he received the thing was the owner thereof,
and could transmit his ownership
there is just title (for the purposes of prescription), when the
adverse claimant came into the possession of the property through
one of the modes recognized by law for the acquisition of ownership
or other real rights, but the grantor was not the owner or could not
transmit any right

Concept of possession for purposes of prescription

possession does not mean that a man has to have his feet on every
square meter of the ground
actual possession of land consists in the manifestation of acts of
dominion over it of such a nature as a party would naturally exercise
over his own property
GR: the possession and cultivation of a portion of a tract under claim
of ownership of all is a constructive possession of all, if the
remainder is not in the adverse possession of another
Qualifications to the GR: size of the tract in controversy with
reference to the portion actually in possession of the claimant
to consolidate prescription, the possession must be that of owner,
and it must be public, peaceful and uninterrupted
acts of a possessory character done by virtue of a license or mere
tolerance on the part of the real owner are not sufficient

Computation of prescription

present possessor may complete the period necessary for

prescription by tacking his possession to that of his grantor or
predecessor-in-interest
it is presumed that the present possessor who was also the
possessor at a previous time, has continued to be in possession
during the intervening time, unless there is proof to the contrary

Prescription distinguished from laches

Prescription
Laches
Concerned with the fact Concerned with the effect of
of delay
delay
Matter of time
A question of inequity of
permitting a claim to be
enforced (inequity founded
on some changes in the

Statutory
Applies at law
Based on a fixed time

condition of the property or

the relation of the parties)
Not statutory
Applies in equity
Not based on a fixed time

Acquisition of private lands or abandoned river beds by right of

accession or accretion
those who have acquired ownership of private lands or abandoned river
beds by right of accession or accretion under the existing laws

1. By right of accession
Under Art. 461 of CC, riverbeds which are abandoned through the
natural change in the course of the waters ipso facto belong to the
owners whose lands are occupied by new course in proportion to
the area lost. However, the owners of the lands adjoining the old
bed shall have the right to acquire the same by paying the value
thereof, which value shall not exceed the value of the area occupied
by the new bed.
To illustrate:
A and B each owns land on opposite sides of a river. The river
changed its course, passing through the land of C. Who owns
the abandoned river bed?
Answer: C, to compensate him for his loss.
Suppose that two owners, C and D, lost portions of their lands.
Who owns the river bed?
Answer: C and D, in proportion to the area lost
Requisites for the Application of Art. 461
1. the change must be sudden in order that the old river may be
identified
2. the changing of the course must be more or less permanent
and not temporary over flooding of anothers land
3. change of the river must be a natural one, caused by natural
forces (not artificial means)
4. there must be definite abandonment by the government (If
the government shortly after the change decides and actually
takes steps to bring the river to its old bed, Art. 461 will not apply
for, here, it cannot be said that there was abandonment)
5. the river must continue to exist, that is, it must not completely
dry up or disappear
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6
2. Ownership by right of accretion along river banks
Art. 457 of CC, provides that to the owners of lands adjoining the
banks of rivers belong the accretion which they gradually receive
from the effects of the current of waters
3 Requisites before and accretion is said to have taken place:
1. that the deposit be gradual and imperceptible
2. that it be made through the effects of the current of the water
3. that the land where accretion takes place is adjacent to the
banks of rivers
Presumption: the change was gradual and caused by accretion (in
the absence of evidence that the change in the course of the river
was sudden or that it occurred through avulsion
acts of possession exercised over the bordering land are always
understood legally to cover that portion added to the property by
accretion
the right of the owner of land to additions thereto by accretion has
been said to rest in the law of nature, and to be analogous to the
right of the owner of a tree to its fruits and the owner of flocks and
hers to their natural increase
the fact that the accretion to ones land used to pertain to anothers
estate (cannot preclude the former from being the owner thereof.
Registration does not protect the riparian owner against the
diminution of the area of his land through gradual changes in the
course of the adjoining stream
Accretions which the banks of rivers may gradually receive from the
effect of the current become the property of the owners of the banks
Such accretions are natural incidents to land bordering on running
streams and the provisions of the Civil Code in that respect are not
affected by the Property Registration Decree
3. Accretion along the banks of creeks, streams and lakes
Art. 84 of the Spanish Law of Waters, accretions deposited
gradually upon lands contagious to creeks from the waters thereof,
belong to the owners of such lands
alluvial deposits along the banks of the creeks, streams and lakes
do not form part of the public domain as the alluvial property
automatically belongs to the owner of the estate to which it may
have been added
Only Restriction: owner of the adjoining property must register the
same under the Torrens system, otherwise, the alluvial property
may be subject to acquisition through prescription by third persons
3.a Alluvion must be the exclusive work of nature

requirement that the deposit should be due to the effects of the

current of the river is indispensable
This excludes from Art. 457 all deposits caused by human
intervention
alluvion must be the exclusive work of nature
there must be evidence to prove the addition to the property was
made gradually through the effects of the current of the river
riparian owner: does not require the additions to his land caused b
special works expressly intended or designed to bring about
accretion
private persons cannot reclaim land from water bodies belonging to
the public domain without proper permission form government
authorizes. and even if such reclamation had been authorized, the
reclaimed land does not automatically belong to the party reclaiming
the same as they my may still be subject to the terms of the authority
earlier granted

3.b Reason for the law on accretion

reason behind the law giving the riparian owner the right to any land
or alluvion deposited by a river is to compensate him for danger of
loss that he suffers because of the location of his land
if lands bordering on streams are exposed to floods and other
damage due to destructive force of the waters, and if by virtue of law
they are subject to encumbrances and various kinds of easements, it
is only just that such risks or dangers as may prejudice the owners
thereof should in some way be compensated by the right of accretion
hence, the riparian owner does not acquire the additions to his land
caused by special works expressly intended or deigned to bring
about accretion

3.c Accretion does not automatically become registered land

Under Art. 457 of the CC, the registered owner of the property is
considered the lawful owner of the accretion to his property
But the accretion does not become automatically registered land just
because the lot which receive it is covered by a Torrens title thereby
making the alluvial property imprescriptible
Principle: an unregistered land purchased by the registered owner
of the adjoining land does not, by extension become ipso facto
registered land
Ownership of a piece of land is one thing, and registration under the
Torrens system of that ownership is quite another
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Ownership over the accretion received by the land adjoining a river is

governed by the Civil Code.
Imprescriptibility of registered land is provided in the registration law
Where the lot sought to be registered was formed by accretion
(which it gradually received the effects of the current of the waters)
the title to the lot vested in said applicant under Art. 457 of CC from
the time the alluvial deposit was formed
But to bring an area formed by accretion under the Torrens system,
there must be an application for registration filed for the purpose
mere approval of a subdivision plan is not sufficient
the petition of the riparian owner asking the registration court to
declare him the owner of the lot is in effect a request for confirmation
of the title already vested in him by law

3.d Where alluvial increment is not registered, it may be acquired by

third persons through prescription

in order that the accretion may be protected by the rule on

imprescriptibility, it is necessary that the same be brought under the
operation of the Torrens system
where the adjoining land owner does not cause the registration of the
increment to his property, the same may be acquired by third
persons (Grande v CA)

3.e Alluvial formation along the seashore forms part of the public
domain

those who have acquired ownership of land in any other manner provided by
law

could either be a statue or executive act

Reservation for
Proclamation

specific

public

purpose

by

Presidential

the privilege of occupying public lands with a view of pre emption

confers no contractual or vested right in the lands occupied

the authority of the president to withdraw such lands for sale or

acquisition by the public or to reserve them for public use, prior to the
divesting by the government of title thereof, stands even though this
may defeat the imperfect right of a settler
lands covered by reservation are not subject to entry, and no lawful
settlement on them can be acquired

Land acquisition by private corporations

In contrast to the rule on accretion, alluvial formation along the

seashore is part of the public domain and therefore, not open to
acquisition by adverse possession b private persons
it is outside the commerce of man, unless otherwise declared by
either the executive or legislative branch of the government

Acquisition of ownership in any other manner provided for by law

1935 Constitution: allowed private juridical entities to acquire

alienable lands of the public domain not exceeding 1, 024 hectares
1973 Constitution: no private corporation or association may hold
alienable lands of the public domain except by lease not to exceed 1,
1,000 hectares in area
1987 Constitution: private corporations or associations may not
hold such alienable lands of the public domain except by lease, for a
period not exceeding 25 ears, and not to exceed 1,000 hectares in
area
Doctrinal precept (Susi v Razon): where at the time the
corporation acquired the land, its predecessors-in-interest had been
in possession and occupation thereof in the manner and for the
period prescribed by law as to entitle him to registration in his name,
then the proscription against corporations acquiring alienable lands
of the public domain except through lease does not apply for the land
was no longer public land but private property
Purpose of prohibition: The constitutional intent is to transfer
ownership of only a limited area of alienable of the public domain to
a qualified individual. This constitutional intent is safeguarded by the
provision prohibiting corporations from acquiring alienable lands of
the public domain, since corporation is a convenient vehicle to
circumvent the constitutional limitation on acquisition by individuals
of alienable lands of the public domain

A corporation sole is qualified to apply for the registration

a corporations sole by the nature of its incorporation is vested with

the right to purchase and hold real estate and personal property
it need not therefore be treated as an ordinary private
corporation because WON it be so treated as such, the
Constitutional provision involved will be not applicable
it is a special form of corporation usually associated with the
clergy(who are regarded as the property owner, on behalf of the
church)
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bishops or archbishops (as corporation sole) are merely

administrators of the church which they hold in trust for the
church.
thus, church properties (acquired by incumbent corporation
sole) pass, by operation of law, upon his death not to his
personal heirs but to his successor in office

Vested right cannot be impaired by subsequent law

Right is vested when the right to enjoyment, present or prospective,

has become the property of some particular person or persons as a
present interest. It is some right or interest in property which has
become fixed and established and is no longer open to doubt or
controversy
vested rights may not be impaired without violating ones right to due
process
state may not impair such rights by legislative enactment or by
subsequent repeal of a municipal ordinance, or by a change in the
constitution of the state except in a legitimate exercise of the police
power
even the Constitution or subsequent laws cannot impair vested rights

can show open, continuous, exclusive and notorious possession

and occupation of agricultural lands of the public domain under a
bona fide claim of ownership since July 26, 1894
1936: CA No. 141
retained the requirement under Act. No 2874 of possession and
occupation of lands of the public domain since July 26, 1894 but
the application for registration was now limited only to Filipino
citizens
1957: RA No. 1942
amended Sec. 48 (b) of CA No. 141 by requiring possession and
occupation for at least 30 years immediately preceding the filing
of the application for confirmation of title
1977: PD No. 1073
further amended CA No. 141 by providing that the same shall
apply only to alienable and disposable lands of the public domain
reverted the required possession and occupation to June 12,
1945
CA No. 141, as amendd, remains to this day as the special
law governing the classification and disposition of lands of
the public domain other than timber and mineral lands

1.b Section 48 (b) has a counterpart in PD No. 1529

B. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE
TITLES
1. Governing Provision: Section 48 (b), CA NO. 141 (Public Land Act
(Agcaoilli, 2011, page 89-91)
1.a Period of Possession: Historical Background
-

1903: first Public Land Act or Act No. 926

introduced the homestead system and made provisions for
judicial and administrative confirmation of imperfect titles and for
the sale or lease of public land
open, continuous, exclusive and notorious possession and
occupation of agricultural public lands for a period of 10 years
shall entitle the applicant o a certificate of title for the land
applied for
1919: second Public Land Act or Act No. 2875
provisions applied to lands of the public domain but excluding
timber and mineral lands
citizens of the Philippine Islands and the United States may
apply to the CFI for confirmation of their claims provided they

its counterpart is Sec 14 (1)

1.c No material differences between Sec. 14 (1) of PD 1529 and

Sec. 48 (b) of CA No. 141

Public Land Act: refers to agricultural lands of the public

domain
Property Registration Decree: use the term alienable and
disposable lands of the public domain
But the Constitution declares that alienable lands of the public
domain shall be limited to agricultural lands.

1.d Rights of cultural minorities to their lands recognized

RA No. 3872 added a new section to Sec. 48 of the Public Land

Act. It is founded on the right of the national cultural communities
to avail of the benefits of registration over lands occupied and
settled by them to enhance their social and economic status as a
district sector of society
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IPRA grants the indigenous people the ownership and

possession of their ancestral domains and ancestral lands based
on the indigenous concept of ownership under customary law
which in turn traces its origin to native title

2. Registration proceedings presupposes that the land is a public

agricultural land
GR: no title or right to, or equity in, any lands of the public
domain may be acquired by prescription or by adverse
possession or occupancy except as expressly provided by law
Registration under Sec 48 (b) of PLA presumes that the land
was originally public agricultural land but because of adverse
possession since June 1, 1945 the land has become private
To entitle a person to register under Sec 48 (b) of the Public
Land Act, the applicant must prove that:
1. the land is alienable public land
2. his possession and occupation has been open, continuous,
exclusive and notorious and in the concept of owner
3. since June 12, 1945

2.a Title is void where land is alienable and may be cancelled even in
the hands of an innocent purchaser of value

5. Rule different where land is not registrable as when it forms part of

the public forest
it is elementary in the governing natural resources that forest or
timber cannot be owned by private persons
it is not registrable
possession thereof cannot convert it into private property unless
such lands are reclassified and considered disposable and
alienable
Under Sec 6 of PLA, the classification and reclassification of
public lands into alienable or disposable lands, forest lands or
mineral lands is the prerogative of the executive department
6. Only (1) and (4) lands may be the subject of confirmation of title

a certificate of title is void when it covers property of public

domain classified as forest or timber and mineral lands
any title issued on non disposable lots even in the hands of an
alleged innocent purchaser for value shall be cancelled

3. Requisites for availment of Chapter VIII

same requisites as Sec 14 (1) of Property Registration Decree
1. that the land forms part of the disposable and alienable
agricultural lands of the public domain
2. that he has been in open, continuous exclusive and
notorious possession thereof under a bona fide claim of
ownership since June 12, 1945
4. Land must be (1) and (4) at the time the application for confirmation
is filed
1.that the land applied for is an agricultural public land classified as
alienable and disposable land at the time
4.that such possession and occupation has been effected since June 12,
1945

the phrase since June 12, 1945 qualifies its antecedent phrase
under a bona fide claim of ownership
what the law merely requires is that the property sought to be
registered is already alienable and disposable at the time the
application for registration of title is filed
it is not necessary that the land be first classified as alienable
and disposable before the applicants possession under a bona
fide claim of ownership could start

1.that the land applied for is an agricultural public land classified as

alienable and disposable land at the time
4.that such possession and occupation has been effected since June 12,
1945

the rule on confirmation of imperfect title does not apply unless

and until the classified is released in an official proclamation to
that effect so that it may form part of the disposable agricultural
lands of the public domain
the inclusion in a certificate of title of non disposable public land,
whether such title was issued during the Spanish sovereignty or
under the present Torrens system, nullifies the title
hence, the applicant must secure a certification from the
government that the land applied for by the applicant is alienable
and disposable

7. Where applicant has acquired a right to a government grant,

application is a mere formality
when the conditions specified in Sec 48 (b) of the PLA are
complied with, the possessor is deemed to have acquired, by
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operation of law, a right to a grant, without the necessity of title

being issued
for all legal intents and purposes, the land is segregated from the
public domain because the beneficiary is conclusively presumed
to have performed all the conditions essential to a Government
grant and shall be entitled to a certificate of title
the application for confirmation is a mere formality, the lack of
which does not affect the legal sufficiency of the title as would be
evidence by the patent and the Torrens title to be issued upon
the strength of the patent

8. Compliance with all requirements for a government ipso jure

converts land to private property
where all requirements for a government grant are complied with
(ex. possession in the manner and for the period required by
law) the land ipso jure ceases to be public land and becomes
private property
9. Application must conform to the requirements of the Property
Registration Decree
Sec 50 of PLA requires that every person claiming any lands or
interest in lands under Chapter VIII must in every case present
an application to the RTC, praying that the validity of the alleged
title or claim be inquired into and that a certificate of title be
issued to him under the provisions of PD 1529
the application shall conform as nearly as may be in its material
allegations to the requirements of an application for registration
under Sec 15 of the Decree
10. Hearing
Application for registration shall be heard in the RTC or in proper
cases, in a first level court subject to the same procedure as
established in the Property Registration Decree
Notice of all such applications, together with a plan of the lands
claimed, shall be immediately forwarded to the Director of Lands,
who may appear as party in such cases
Prior to the publication for hearing, all of the papers in the said
case shall be transmitted by the clerk to the Solicitor General or
officer acting in his stead, in order that he may investigate all of
the facts alleged in the application or otherwise brought to his
attention if he deems it advisable for the interests of the
government.
Burden of proof rests on applicant

it does not rest upon the government of the private oppositors

applicant must submit convincing proof of his and his predecessorin-interests actual, peaceful and adverse possession in the concept
of owner of the lots during the period required by law.
Presumption: Lands of whatever classification belong to the State
and evidence of land grant must be well-nigh incontrovertible

11. Order for the issuance of a decree

Whenever any judgment of confirmation or other decree of the
court shall be final, the clerk of court shall certify that fact to the
Director of Lands, with a certified copy of the decree of
confirmation or judgment of the court and the plan and technical
description of the land
the final decree of the court shall be the basis for the original
certificate of title in favor of the persons entitled to the property
under the procedure prescribed in the Property Registration
Decree
12. Land declared public land in a previous registration case may be
the subject of judicial confirmation
application by persons claiming an imperfect title on a parcel of land
which had been declared public land in a previous registration on the
basis of their continuous and adverse possession for more than 30
years is dismissed on the ground of res judicata (Zara v Director of
Lands)
such constitutes res judicata not only against the adverse claimant
but also against all persons (Diaz v Republic)
C. REGISTRATION UNDER THE INDIGENOUS PEOPLES RIGHTS
ACT
1. The Indigenous Peoples Right Act
law dealing with a specific group of people (ex. the Indigenous
Cultural Communities (ICCs) or the Indigenous Peoples (IPs))
law allows indigenous peoples to obtain recognition of their right of
ownership over ancestral lands and ancestral domains by virtue of
native title
1.a Constitutional Provisions

Sec 2 Art 2
Sec 5 Art 7
Sec 6 Art 8
Sec 17 Art 14
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1.b Constitutionality of IPRA

ancestral lands and ancestral domains are not part of the lands of
the public domains
to classify them as public lands will render the entire IPRA law a
nullity
the IPRA addresses the major problems of ICCs and IPs which is
loss of lands

2. Definition of terms
Indigenous Cultural Communities/ Indigenous Peoples
- refers to a group of people or homogenous societies identified by
self ascription and ascription by other, who have continuously
lived as organized community on communally bounded and
defined territory
- who have claims of ownership since time immemorial, occupied,
possessed and utilized such territories
- sharing common bonds of language, customs, traditions and
other distinctive cultural traits
- include peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the country at
the time of colonization who retain some or all of their own
social, economic, cultural, political institutions but who may have
been displaced from their traditional domains or who may have
resettled outside their ancestral domains
Ancestral domain
- refers to all areas generally belonging to ICCs/IPs comprising
lands, inland waters, coastal areas and natural resources
therein, held under a claim of ownership, occupied or possessed
by ICCs/IPs, by themselves or through their ancestors since time
immemorial continuously to the present except when interrupted
by war, force majeure or displacement by force, deceit, stealth
or as a consequence of government projects
- include ancestral lands, forests, pasture etc.
Ancestral lands
- refers to land occupied, possessed and utilized by individuals,
families and clans who are members of the ICCs/IPs since time
immemorial by themselves or through their ancestors since time
immemorial continuously to the present except when interrupted
by war, force majeure or displacement by force, deceit, stealth
or as a consequence of government projects
- include residential lots, rice terraces, private forests, swidden
farms etc.

Native title
- refers to pre conquest rights to the lands and domains which, as
far back as memory reaches, have been held under a claim of
private ownership by ICCs/IPs, have never been public lands
and are thus indisputably presumed to have been held that way
since before the Spanish conquest
Time Immemorial
- refers to a period of time when as far back as memory can go,
certain ICCs/IPs are known to have occupied and utilized a
definite territory devolved to them, by operation of customary law
or inherited from ancestors, in accordance with their customs
and traditions

3. Indigenous Concept of Ownership

sustains the view that ancestral domains and all resources found
therein shall serve as the material bases of the ICCs/IPs cultural
integrity
the concept holds that ancestral domains are the ICCs/IPs private
but community property which belongs to all generations and
therefore cannot be sold, disposed or destroyed.
4. The IPRA connotes group or communal ownership
by virtue of communal character of ownership, the property held in
common is meant to benefit the whole indigenous community and
not merely the individual member
ancestral domain is private simply because it is not part of the
public domain. But its private character ends there
the domain cannot be transferred or sold to other persons by any
person belonging to ICCs/IPs as a community
5. Ownership over the natural resources being to the State
the ICCs/IPs right over the natural resources take the form of
management or stewardship
the law only grants the ICCs/IPs priority rights in the development
and exploitation thereof
the grant implies that there is a superior entity that owns these
resources and this entity has the power to grant preferential rights
over the resources to whosoever itself chooses
5.1 ICCs/IPs have priority rights in the exploitation of natural
resources within ancestral domains
they have priority rights in the harvesting, extraction, development
or exploitation of any natural resources within the ancestral domains
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non member of ICCs/IPs may be allowed to take part in the

utilization of natural resources for a period not exceeding 25 yrs
renewable for not more than 25 yrs
formal and written agreement between the ICCs/IPs (who agreed to
such operation)
5.2 ICCs/IPs do not lose possession over area covered by a Timber
License Agreement (TLA)
ancestral domains remain as such even when possession of the
area has been interrupted by caused provided under the law such
as voluntary dealings entered into by the government and private
individuals
6. Delineation and recognition of ancestral domains
Under RA No. 8371, self delineation is the guiding principle on the
identification and delineation of ancestral domains
NCIP is the agency authorized to issue a certification precondition
in favor of any entity which desires to undertake operations within
the ancestral domains of the indigenous peoples
the law does not grant the executive department the power to
delineate and recognize ancestral domain claim by mere agreement
or compromise
The following steps are followed:
-sworn statement of the elders as to the scope of the territories will
be essential to the determination of these traditional territories
-census of all community members by the Ancestral Domain Office
(ADO)
-proof of ancestral domain claims shall include the testimony of
elders or community under oath, and other documents directly
attesting to the possession or occupation of the area
-ADO prepare a perimeter map, complete with technical
descriptions and a description of the natural features and landmarks
embraced therein
-the approved and validated survey plan shall constitute the basic
documents of the delineation process
-copy of each document, including the translation in the native
language of the ICCs/IPs concerned shall be posted in a prominent
place for at least 15 days
-copy of which shall also be posted at the local, provincial and
regional offices of the NCIP and shall be published in a newspaper
of general circulation once a week for consecutive weeks to allow
other claimants to file their opposition within 15 days
-broadcasting in a radio station is a valid substitute in case no such
newspaper exits

-within 15 days from publication, ADO shall prepare a report to the

NCIP endorsing favorable action upon a claim that is deemed to
have sufficient proof
-if proof is insufficient, additional evidence is required
-ADO shall reject any claim that is deemed false or fraudulent
-in case of rejection, applicant is given due notice thereof
-denial shall be appealed to the NCIP
-in case of conflicting claims on the boundaries of ancestral
domains, ADO shall cause the parties to meet and to come up with
a preliminary resolution of conflict
-ICCs/IPs whose ancestral domains have been officially delineated
shall be issued a Certificate of Ancestral Domain Title (CADT) in the
name of the community concerned
-in all proceedings, the Director of Lands shall represent the interest
of the State
7. Identification, delineation and certification of ancestral lands
individual and indigenous corporate claimants of ancestral lands
which are not within the ancestral domains may have their claims
officially established by filing applications for the identification and
delineation of their claims with the ADO
an individual or recognized head of a family or clan may file such
application in his behalf or in behalf of his family
proofs of such claims shall accompany the application for which
shall include the testimony under oath of elders of the community
and other documents directly or indirectly attesting to the
possession or occupation of the areas since time immemorial (such
as tax declaration and proofs of payment of taxes)
Ado shall cause the publication of the application and a copy of
each document including a translation in the native language of the
ICCs/IPs concerned in a prominent place for at least 15 days
copy of which shall also be posted at the local, provincial and
regional offices of the NCIP and shall be published in a newspaper
of general circulation once a week for consecutive weeks to allow
other claimants to file their opposition within 15 days
broadcasting in a radio station is a valid substitute in case no such
newspaper exits
15 days after such publication, ADO shall investigate the application
if found to be meritorious, it shall cause a parcellary survey of the
area being claimed
ADO rejects claims which are false and fraudulent
in case of rejection, applicant is given due notice thereof
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denial shall be appealed to the NCIP

ADO shall prepare and submit a report on each application
surveyed to the NCIP, which shall evaluate them
If NCIP finds the claim meritorious, it shall issue a certificate of
ancestral land title (CALT) declaring and certifying the claim of each
claimant over ancestral lands
Any claim found to be fraudulently acquired may be cancelled by
the NCIP after due notice and hearing
8. Registration of CADTs and CALTs
the NCIP, through the ADO, shall register all CADTs and CALTs with
the Register of Deeds of the place where the properties are located
awardees may personally cause such registration
recording of the CADT and CALT in the office of the Register of
Deeds does not result in the issuance of a Torrens certificate of title,
like a Torrens tile issued through regular registration proceedings
the purpose of registration is simply to apprise the public of the fact
of recognition by NCIP of specific claims to portions ancestral
domain/lands
ancestral domains are not subject to alienation or disposition
on the other hand, ancestral lands may be the subject f registration
under PLA or PRD
if successful, a decree of registration will be issued by the LRA as
basis of the certificate of title to be issued to the applicant who is a
member of the cultural community
in case the ancestral land is subject to mortgage, sale or lease, the
instrument embodying the transaction together with the owners
duplicate certificate shall be presented o the Register of Deeds for
him to annotate the encumbrance created by the instrument on said
title or to issue a new title to the person to whom the land has been
conveyed
9. 2 Modes of Acquisition
by native title over both ancestral lands and domains
by Torrens title under the PLA or PRD with respect to ancestral lands
only
Native title refers to preconquest rights to lands and domains which, as
far back as memory reaches, have been held under a claim of ownership
by indigenous cultural communities
Torrens certificate of title accumulates in one document a precise and
correct statement of the exact status of the fee simple title which an
owner possesses. The certificate (once issued) is the evidence of the
title which the owner has. What appears on the title is controlling on

questions of ownership since the certificate of title is an absolute and

indefeasible evidence of ownership of the property in favor of the person
who name appears therein
9.a The IPRA converts ancestral land as public agricultural land for
registration purposes

Hence, there is no need to secure a separate certification that the

ancestral land is alienable and disposable in character, it being
sufficient to show that land is duly identified, delineated and certified
as such.
Since ancestral domains and ancestral lands are private, the IPRA
itself converts ancestral land regardless whether the land has a
slope of 18% or over, from private to public agricultural land for
proper disposition.
registration of ancestral land is different in the sense that:
1. the applicant is a member of an indigenous cultural group
2. he must have been in possession of the ancestral land for not
less than 0 years
3. by operation of law (IPRA), the land is classified as alienable
and disposable even if the slope is less than 18% (there is no
need to submit a separate certification that land has been
alienated and disposable)

9.b Effect of Registration

a duly issued Torrens certificate of title covering ancestral land has

the same efficacy, validity and indefeasibility as any title issued
through regular registration proceedings
it is generally a conclusive evidence of ownership
the title shall not be subject to collateral attack nor can it be
impugned, altered or changed except in a direct proceeding
permitted by law
it is subject to the rule on imprescriptibility
land shall not be subject to any burden except those noted on the
certificate

9.3 Transfer of land or property rights

Ancestral lands may be transferred to members of the same group

unlike ancestral domains (which belongs to all generations)
Ancestral lands may be transferred subject to the following
limitations:
1. only to the members of the same ICCs/IPs
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2. in accord with customary laws and traditions
3. subject to the right of redemption of the ICCs/IPs for a period of
15 years if the land was transferred to a non member of the
ICCs/IPs
9.4 Generally, no ancestral land shall be opened for mining
corporations

no ancestral land shall be opened for mining corporations without the

consent of the indigenous cultural community concerned
in the event of an agreement for mining operations, the royalty
payment, upon utilization of the minerals, shall be agreed upon by
the parties and shall form part of a trust fund for the socio-economic
well being of the indigenous cultural community
no ancestral land may be declared as peoples small scale mining
area without the consent of the cultural communities concerned
members of the cultural communities shall be given priority in the
awarding of small scale mining contracts

9.5 Authority of PEZA to issue building permits

Philippine Zone Economic Activity (PEZA) has the authority to issue

building permits for the construction of structures within the areas
owned or administered by it, whether on public or private lands
PEZA may require owners of structures built without permit to
remove such structures
A certificate of ancestral land claim is merely a registered claim and
not a proof of ownership
Hence, they cannot build structures without prior permit

10. National Commission on Indigenous Peoples (NCIP)

it is an independent agency under the Office of the President and is
composed of 7 Commissioners belonging to CCs/IPs from different
ethnographic areas who are appointed by the President
it shall protect and promote the interest and well being of the
ICCs/IPs wuth due regard to their beliefs, customs, traditions and
institutions
10.1 Specific Powers and Functions
a. Formulation of policies, issuance of rules and regulations
b. Resolution of conflicts
c. Issuance of CADT/CALT
d. Cancellation of ancestral domain and ancestral land titles

e. Issuance of certification as a precondition to the grant of

permit
f. Power to cite for contempt, issue restraining order
10.2 Regional Hearing Offices
it shall exercise jurisdiction over all claims and disputes involving
rights of CCs/IPs ad all cases pertaining to the implementation,
enforcement and interpretation of RA NO. 8371
it has original and exclusive jurisdiction over all disputes and
controversies involving ancestral lands/domains, violations f the
requirement of free and prior and informed consent of ICCs/IPs,
action for the enforcement of decisions of ICCs/Ips involving
violations of customary laws
10.3 Ancestral Domain Offices
responsible for the identification, delineation and recognition of
ancestral lands/domains
responsible for the management of ancestral land/domains in
accordance with a master plan as well as the implementation of the
ancestral domain rights of the ICCs/IPs as provide in the IPRA
shall issue certification prior to the grant of any license, lease or
permit for the exploitation of natural resources (after ICCs/IPs gave
their consent)

6/18/4 DISCUSSION
1. What is the purpose of the Torrens system?
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to ascertain once and for all the absolute title over a given landed
property
to make, so far as it is possible, a certificate of title issued by the
court to the owner of the land absolute proof of such title
to quiet title to the land and to put a stop forever to a question of
legality to a title
to decree that land title to be final, irrevocable and indisputable

2. A forged the signature of his father in the Deed of Absolute Sale (as
if his father conveyed the land to him). In registering the sale, A was
able to secure a land certificate title. Is A considered as owner of the
property by being able to register the sale?
No, because registration merely confirms the title. It does not vest
ownership. Registration is not a mode of acquiring property.

1. those who by themselves or through their predecessors-ininterest 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 provisions 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 by law

4. What is the present law which governs the registration of registered

lands?
PD 1529

9. How many kinds of prescription are there under No. 2?

2
Ordinary prescription- ownership and other real rights over
immovable property are acquired by ordinary prescription through
possession of 10 years; in good faith and with just title
Extraordinary prescription- ownership and other real rights over
immovables also prescribe through uninterrupted adverse
possession thereof for thirty years, without need of title or of good
faith. No need for just title.

5. What about the law which governs unregistered land?

Before it was governed by Sec 194 of the Revised Administrative
Code, which was later on amended by Act 3344. But under PD
1529, registration is pursuant to Sec 113.

10. How would you know that a person is considered in possession (in
character of claim of ownership)?
the person resides in the land or build a structure which is his
own like a house

6. Isnt the purpose of registration is to serve a notice to the whole

world? Yes

11. If the subject property consists of 1 hec, is it necessary for him to

build a house on the entire 1 hec of land to be considered it as
adverse possession?
No, as long as he exercises or does acts of dominion. For
example, he builds a house which may not cover the entire 1 hec
but he resides there or if he builds a fence around the property or
cultivates or plants on the property.

3. What are the two systems of registration?

registration of transaction involving 1. Registered land and
registration of 2. Unregistered lands

7. A buys a registered property with a title and registers the same under
Sec 113 of PD 1529. What would be the effect? Would it be void?
No, registration in the wrong registry will not void the transaction. It
will remain valid and binding insofar as the contracting parties are
concerned. However, the registration will not bind third parties. It will
not be considered as a constructive notice to everyone. It is s if you
did not register the transaction
8. How many groups of possessors of land of public domain are
enumerated under Sec. 14 of PD 1529?
4

12. A is in possession of a property for 10 years. He acquired that

property by succession (inherited from his father who is in
possession for 20 years). Can A acquire possession by extraordinary
prescription?
Yes, since he inherited the property from his father, the computation
will be counted from the period of time his father is in possession of
such land. 10+20=30 (extraordinary prescription)
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13. What do you call that possession when you add the period of
possession of the predecessors?
Tacking of possession
14. A is undeniably in possession of the property today. There was also
evidence that will show that he is also in possession of that property
in 1960. But in between, there is no evidence that he continued the
possession. Will you compute the period from 1960 to present in
favor of
Yes, he is presumed to be in possession of that property. When
he is found to be in possession of the property at present, he is
presumed to be the possessor of the property even during the
intervening period.
15. What if possession started on June 13, 1945, can he still apply for
original registration under par 1 of Sec 14 of PD 1529?
He cannot apply under Sec 14 (1) but he may still apply.
It will fall under Sec 14 (2)
16. Under Sec 14 (2), the public land there is supposed to be alienable
and disposable land of public domain. May lands of public dominion
be the subject matter of original registration pursuant to Under Sec
14 (2)?
No, unless there is an express declaration that the lands are no
longer needed for public use, public service and most
importantly, for the development of national lands
17. In what form are these express declarations?
through Pres proclamations, statutes, executive orders
18. What is land of public dominion?
those properties which are intended for public use, public service
and most importantly, for the development of national lands
19. What is accession?
takes place when the river changes its course thereby
abandoning the old riverbed and that property now belongs to
the owner where the new course is. Only to the proportion of
area lost
20. Is there any possibility that other persons (other than the owner) may
claim ownership of such abandoned old river bed?

Yes, the owner of the adjacent land of the abandoned river bed
can acquire such if he will pay the owner (now) of the abandoned
river bed.
21. What are the requisites of accession?
1. the change must be sudden in order that the old river may be
identified
2. the changing of the course must be more or less permanent
and not temporary over flooding of anothers land
3. change of the river must be a natural one, caused by natural
forces (not artificial means such man made cause)
4. there must be definite abandonment by the government (If
the government shortly after the change decides and actually
takes steps to bring the river to its old bed, Art. 461 will not apply
for, here, it cannot be said that there was abandonment)
5. the river must continue to exist, that is, it must not completely
dry up or disappear
22. If the change of course is with the assistance of man, is there
accession?
None
23. What is accretion?
there are gradual deposits of land cause by the current.
24. To whom does alluvium belong?
To the owner of the land adjacent to the river banks
25. What are the requisites of accretion?
1. that the deposit be gradual and imperceptible
2. that it be made through the effects of the current of the water
3. that the land where accretion takes place is adjacent to the
banks of rivers
26. In cases of accession, does the resulting increase of the property
have the effect of automatically considering it as registered?
No
27. If the land owner to which such accretion/accession has take place
fails to register, what will happen?
third party may acquire such property which is not registered
28. The acquisition by any manner provided by law may come from
what?
proclamation or executive acts
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29. May Private Corporation acquire lands of public domain?
No, the Constitution strictly prohibits that. they cannot acquire
except by least (by period of 25 yrs renewable for not more than
25 years)
30. A has been in open, continuous, notorious possession of an
alienable land of public domain. A was able to register for original
registration under Sec 14. After that, can A now go to San Miguel
Corp and sell such property?
Yes, because prohibition of corporation to own lands of public
domain does not apply. It already involves a private property so it
possible.

CSNAVARRO, JD 2017