PUBLIC LAND ACT (COMMONWEALTH ACT NO.

141)

HISTORICAL BACKGROUND
ACT NO. 926 the first Public Land Act, Prescribed rules and regulation of the
homesteading, selling and leasing of portions of the public domain, and prescribed
the terms and conditions to enable persons to perfect their titles to public lands in
the islands

It reserves to the State all natural wealth that may be found in the bowels of the
earth even if the land where the discovery is made private.
ALIENATION OF NATURAL RESOURCES
General Rule: All natural resources CANNOT be alienated
Exception: Agricultural lands

Also provided for the issuance of patents to certain native settlers upon public lands
for the establishment of town sites and sale of lots therein, for the completion of
imperfect titles and for the cancellation or confirmation of Spanish concessions and
grants in the islands

EXPLORATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES

Shall be under the full control and supervision of the State

The state may DIRECTLY UNDERTAKE such activities or the state may enter into COPRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements.

DISTINCTION BETWEEN IMPERIUM AND DOMINIUM.

Imperium - Government authority possessed by the State which is appropriately
embraced in sovereignty.
Dominium - The capacity of the State to own and acquire property.
- It refers to lands held by the government in a proprietary character: can provide for
the exploitation and use of lands and other natural resources.
Note: No public land can be acquired by private person without any grant, express
or implied, from the government.

THE IPRA AND NATIVE TITLE OVER ANCESTRAL LANDS AND ANCESTRAL
DOMAINS
Indigenous people may obtain the recognition of ownership over ancestral lands and
ancestral domains by virtue of native title; this is an exception to the theory of jura
regalia.
ANCESTRAL LANDS It refers to lands occupied by individuals, families and
clans who are members of indigenous cultural communities including
residential lots, rice terraces or paddies, private forest, swidden farms and tree lots.
- These lands required to have been occupied, possessed and utilized by them or
through their ancestors since time immemorial, continousluy to present.
ANCESTRAL DOMAINareas generally beloning to indigenous cultural
communities, including ancestral lands, forest, pasture, residential and agricultural
lands, hunting grounds, worship areas, and lands no longer occupiedexclusively by
indigenous cultural communities but to which they had traditional access,
particularly the home ranges of indigenous cultural communities who are still
nomadic or shifting cultivators.
- Also include inland waters, coastal areas and natural resources therein.
Note:State policy recognition and protection of the rights of idigenous peoples to
preserve abd develop their cultures, tradtions, and institutions are the vital concerns
of the State. (RA 8371, IPRA)

RESERVATION OF LANDS OF THE PUBLIC DOMAIN ARE VALID ASSERTION OF

REGALIAN RIGHT
Presidential proclamations reserving certain lands of the public domain for specific
purposes have the character of official assertion of ownership, and the presumption
is that they have been issued by right of sovereignty and in the exercise of the
States dominical authority. These proclamations are matters not only judicial notice
but are accepted as in the nature of a valid asservation of Regalian right right over
the property.

ORGANIZATIONAL
STRUCTURE
ADMINISTRATION OF PUBLIC LANDS

ACT NO. 2874 - The second Public Land Act was more comprehensive in scope but
limited the exploitation of agricultural lands to Filipinos and Americans and citizens
of other countries which gave Filipinos same privileges.

PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

Enacted on November 7, 1936
Grants of public lands are brought under the operation of the Torrens system of
registration.
Its provisions govern the classification and disposition of lands of the public domain
other that timber and mineral lands.
Note: Public land patents when duly registered are veritable Torrens titles, they
become private property which can no longer be subject of subsequent disposition
by the Director of Lands.
POLICY CONSIDERATIONS
STATE
Shall ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition, utilization, management, renewal
and conservation of the countrys forest, mineral, land, waters and other natural
resources, consistent with the objective of making the exploration, development and
utilization of such natural resources equitably accessible to the different segments of
the present as well as future generations.
Shall recognize and apply a true value system that takes into account social and
environmental cost implications relative to the utilization, development and
conservation of our natural resources
DEPARTMENT OF ENVIRONMENT AND NATURAL REOURCES (DENR)
Shall be primarily responsible for the implementation of the foregoing policy.
Shall be incharge of carrying out the States constitutional mandate to control and
supervise the exploration, development, utilization, and conversion of the countrys
natural resources.
PUBLIC LANDS: ALIENABLE AND DISPOSABLE LANDS IN GENERAL
Public Lands refers to such lands of the public domain as are subject to alienation
and disposal of the State in accordance with the Public Land Act.
REGALIAN DOCTRINE (Section 2, Article XII)
All lands and other natural resources are owned by the State.
All lands not appearing to be clearly of private dominion presumptively belong to the
State.
Public lands not shown to have been reclassified or released as alienable agricultural
land or alienated to a private person by the State remain part of the inalienable
public domain.
Public Land Act

OFFICERS

CHARGED

WITH

THE
1

Secretary of Natural Resources chief executive officer charged to carry out the
provisions of the Public Land Act
Director of Lands- under the immediate supervision of the DENR Secretary
a.
b.

c.

d.
e.

Duties:
Direct executive control over surveys, classifications, leases, sales and other forms
of concession or disposition and management of public lands;
Preparation and issuance of forms, instructions, rules and regulations as may be
necessary and proper to carry into effect the provisions of the Public Land Act, and
for the conduct of proceedings arising thereunder, subject to the approval of the
Secretary( Commonwealth Act No. 141, sections 3,4, and 5)
Quasi-judicial officer- he makes findings of fact and even passes upon questions of
mixed fact and law, and considers and decides the qualifications of applicantsfor the
purchase of public lands.
Note: The decision on the construction of the Public Land Act are entitled a great
respect by the courts. The decisions of the Director of Lands as to question of facts
are conclusive when approved by the Secretary (Doctrine of Primary
Jurisdiction)
He represent the state in a reversion proceedings and may file an action for the
cancellation of patent and title acquired through fraud
Regulate the occupation or provisional use of public lands

Note: For administration purposes, land districts have been established throughout
the Philippines, each district is headed by a local land officer embracing one
province

DOCTRINE OF PRIMARY JURISDICTION - if a case is such that its determination

requires the expertise, specialized training and knowledge of the proper
administrative bodies, relief must first be obtained in an administrative proceeding
before a remedy is supplied by the courts even if the matter may well be within their
proper jurisdiction.
EXHAUSTION OF ADMINISTRATIVE REMEDIES courts must allow administrative
agencies to carry out their functions and discharge their responsibilities within the
specialized areas of their respective competence.
Courts cannot or will not determine a controversy involving a question which is
within the jurisdiction of the administrative tribunal prior to the resolution of that
question by the administrative tribunal, where the question demands the exercise of
sound administrative discretion requiring the special knowledge, experience and
services of the administrative tribunal to determine technical and intricate matters
of fact
Exception:
-

Where there is estoppel on the part of the party invoking the doctrine;
Where the challenged administrative act is patently illegal, amounting to
lack of jurisdiction
Where there is unreasonable delay or official inaction that will irretrievably
prejudice the complainant
Where the amount involved is relatively small so as to make the rule
impractical and oppressive
Where the question involved is purely legal and will ultimately have to be
decided by the courts of justice
Where judicial intervention is urgent
When its application may cause great and irreparable damage

Public Land Act

Where the controverted acts violate due process

When the issue of non-exhaustion of administrative remedies has been
rendered moot
When there is no other plain, speedy and adequate remedy
When strong public interest is involved; and,
In quo warranto proceedings.

CLASSIFICATION OF LANDS
Lands of public domain - either alienable or inalienable
Lands of private domain - refers to land belonging to and owned by the State as a
private individual, without being devoted of national wealth
similar to patriomonial properties of the State
CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN UNDER THE
CONSTITUTION
SECTION 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO:
Agricultural
Forest/timber
Mineral lands &
National Parks
Note:Classification of public lands is an exclusive prerogative of the Executive
Department through the Office of the President, upon recommendation by the DENR
and not to the court.
- Classification is descriptive of the legal nature of the land and NOT what it looks
like. Thus, the fact that forest land is denuded does not mean it is no longer forest
land.
CLASSIFICATION OF ALIENABLE AND DISPOSABLE LANDS
For the administration and disposition of alienable and disposable lands,
they are classified under the Public Land Law according to the use and purposes to
which such lands may be destined, as follows:
Agricultural ( farm land)
Residential, commercial, industrial, or for similar productive purposes;
Educational, charitable, or other similar purposes; and
Reservations for town sites and for public and quasi-public uses
The President upon recommendation of the Secretary of DENR is authorized to make
the above classification as well as to transfer lands from one class to another from
time to time as circumstances may warrant ( CA No. 141., Sec. 9)
Under the Revised Administrative Code, alienable lands of the public domain may
be ordered reserved by the President for specific purpose or service
Old Constitution: they all form under the category of agricultural lands, they not
being forest nor mineral lands.
Under Public Land Act term agricultural is used in a limited sense, and is meant
distinctly as a farmland.

CLASSIFICATION OR RECLASSIFICATION OF PUBLIC LANDS AN EXECUTIVE

PREROGATIVE not the courts. (Section 6 of CA No. 141)
Before the government could alienate or dispose lands of the public domain, the
President must first officially classify these lands as alienable and disposable, and
declare them open to disposition or concession.

GOVERNMENT LAND AND PUBLIC LANDS DISTINGUISHED (PL = PD) (GL

PL)
Public Land - is equivalent to Public Domain, includes lands open to private
appropriation and settlement by homestead and other like general laws.
2

Government Land more extensive and embraces not only the public land but
also other lands of the government already reserved or devoted to public use or
subject to private right.

1.
2.
3.
4.
a.
b.

PREREQUISITE FOR DISPOSITION

Before any public land may be alienated or disposed of, it is indispensable that there
be a formal declaration by the President upon recommendation of the
Secretary of DENR to the effect that such lands are open to disposition or
concession, and whenever practicable the lands should have been previously
surveyed.
Alienation or disposition or concession as used in Public Land Act is meant any
of the methods authorized by the said law for the acquisition, lease, use or benefit of
the lands of the public domain other than timber or mineral land.
Modes of Disposition
For homestead settlement
Sale
Lease
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization ( free patent)
HOMESTEAD SETTLEMENT
Entitled to Patent:
Any citizen of the Philippines over 18 or head of the family may enter a homestead
of not exceeding 12 hectares of agricultural land of public domain.
The applicant must, cultivate or improved at least 1/5 of the land continuously since
the approval of the application.
Must resided for at least 1 year in the municipality or municipality adjacent in which
the land is located.
Payment of required fee

EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS

When a homesteader has complied with all the terms and conditions which entitle
him to a patent for a particular tract of public land, he acquires a vested interest
therein, and is to be regarded as the equitable owner thereof
The execution and delivery of the patent, after the right to a particular piece of land
has become complete, are the mere ministerial acts of the officer charged with that
duty
Even without the patent, a perfected homestead is a property right in the fullest
sense, unaffected by the fact that the paramount title to the land is still in the
government

TRANSFER OF RIGHTS
The applicant must prove to the Director of Lands that he has already complied with
all the requirements of the law and can no longer continue with this homestead, and
there is a bona fide purchaser for the rights and improvements of the applicant on
the land.
Upon the approval of the Director of Lands, may transfer his rights to the land and
improvements to any person legally qualified to apply for a homestead.
Immediately after such transfer, the purchaser shall file a homestead application to
the land.
Note: Any person who has transferred his right may not again apply for a new
homestead. Every transfer without the approval of the Director of Lands shall be null
and void and shall result in the cancellation of the entry and the refusal of patent.

SALE OF PUBLIC AGRICULTURAL LANDS

Public Land Act

Any citizen of lawful age or the head of the family may purchase any tract of public
agricultural land not to exceed 12 hectares which shall be sold through sealed
bidding
The land shall be awarded to the highest bidder, but the applicant may equal the
highest bid
The purchase price may be paid in full upon the making of the award or in not more
than 10 equal annual installments from the date of the award
It is required that the purchaser shall have not less than 1/5 of the land cultivated
within 5 years from the date of the award, and before any patent is issued, he must
show actual occupancy, cultivation and improvement of at least 1/5 of the land until
the date of final payment
LEASE
Any corporations or associations at least 60% of capital stock belong wholly to
Filipino citizens, may lease any tract of agricultural public land available for lease.
FOR PRIVATE CORPORATIONS OR ASSOCIATIONS
They can only hold alienable lands of the public domain BY LEASE
Cannot exceed 25 years, renewable for not more than 25 years
Lease cannot exceed 1,000 hectares

FOR FILIPINO CITIZENS

-

Can lease up to 500 hectares

Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.
Taking into account the requirements of conservation, ecology and development,
and subject to the requirements of agrarian reform, Congress shall determine by law
the size of the lands of the public domain which may be acquired, developed, held or
lease and the conditions therefore.

CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE - JUDICIAL

LEGALIZATION
REQUISITE FOR AVAILMENT:
The applicant must be a Filipino citizen
He must have, by himself or through his predecessors in interest,
possessed and occupied an alienable and disposable agricultural portion of
public domain.
Such possession and occupation must have been open, continuous,
exclusive, notorious and in the concept of owner, since June 12, 1945
The application must be filed with the proper court
Period of possession: June 12, 1945
Additional requirement: (Class Discussion)
Witness: At least 10 years old in the year of 1945.
Tax declaration
Note: Limiting the are applied for to 12 hectares, lands must be occupied by himself
or through his predecessors in interest, possessed and occupied an alienable and
disposable agricultural portion of public domain. Land must be alienable and
disposable at the time of the application for confirmation is filed. Land not
registrable as when it forms part of the public forest. ONLY AGRICULTURE LANDS
MAY BE SUBJECT OF ALIENATION.
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CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE - ADMINISTRATIVE

LEGALIZATION ( FREE PATENT)
Any natural born citizen of the Philippines who is the owner of more than 12
hectares and who, for at least 30 years prior to the effectivity of this amendatory
Act, has continuously occupied and cultivated, either by himself or through his
predecessors-in interest a tract or tracts of agricultural public lands subject to
disposition, who shall have paid the real estate tax thereon while the same hasnt
been occupied by any person shall be entitled, under the provisions of this Chapter,
to have a free patent issued to him for such tract or tracts of such land not to exceed
12 hectares.

- The area shall be determined by the Director of Lands according to the nature of
the land, the number of prospective applicants, and the purposes for which it will be
utilized.

The President upon recommendation of the Secretary of Environment and Natural

Resources may execute contract for sale or lease a portion of public land when
needed by any province, municipality, or other branch or subdivision of the
government, for the purpose of founding a cemetery, church, college, school,
university, or other institutions for educational, charitable, or philanthropical
purposes or scientific research, the area to be such as may actually and reasonably
be necessary to carry out such purposes

CLASSIFICATION AND DISPOSITION OF LANDS FOR RESIDENTIAL,

COMMERCIAL OR INDUSTRIAL PURPOSES - is governed by Chapter 9 of the
Public Land Act

- The Secretary of DENR may order the sale to be made without public auction, at a
price fixed by him.

Lands are classified as:

-

Lands reclaimed by the government by dredging, filling or other means;

Foreshore
Note:The first two shall be disposed of by lease only
Marshy lands or lands covered with water bordering on the shores or banks of
navigable lakes or rivers
Lands not included in any of the foregoing classes
Note: The last two may be sold with the condition that the purchaser shall make
improvements of a permanent character appropriate for the purpose for which the
land is purchased within 18 months from the date of the award.
LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES SHALL
BE DISPOSED OF THROUGH ORAL BIDDING (SECTION 67, CA 141)
EXCEPTION (DIRECT SALE)
Republic Act 730 allows the direct sale of public lands for residential purposes to
qualified applicants under certain conditions:

Filipino citizen of legal age

Must not be the owner of a home lot in the municipality or city in which he resides
Have established in good faith his residence on a parcel of public land which is not
needed for public service
Have constructed his house and actually resided therein
If the applicant complies with the above, he is given preference to purchase at a
private sale not more than 1000 sq.m. of land at a price to be fixed by the Director
of Lands.

LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES

RESERVATIONS
TOWNSITE RESERVATION
- Whenever it shall be considered to be in the public interest to found a new town.
The Secretary of Environment and Natural Resources shall direct the Director of
Lands to have a survey of the exterior boundaries of the site on which such town is
to be established, and upon the completion of the survey he shall send the same to
said Secretary, with his recommendations.
- The Secretary, if he approves the recommendations of the Director of Lands, shall
submit the matter to the President to the end that the latter may issue a
proclamation reserving the land surveyed, or such part thereof as he may deem
proper, as a town site.
RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES
- Upon the recommendation of the Secretary of DENR, the President may designate
by proclamation any tract/s of land of the public domain as reservations for the use
of the RP or any of its branches, or of the inhabitants thereof, in accordance with the
regulations prescribed for this purpose, or for quasi-public uses or purposes when
the public interest requires it
- A certified copy of this proclamation shall be forwarded to the Register of Deeds of
the province or city where the land lies

SALE OF LANDS WITHIN MILITARY RESERVATIONS

- Pursuant to Republic Act 274, lands within military reservations when declared by
the President as no longer needed for military purposes may be subdivided by the
Director of Lands and thereafter sold to persons qualified to acquire agricultural
public lands under the Public Land Act, with priority given to bona fide occupants
and then to war veterans

Public Land Act

- Upon receipt of such copy, the Director of Lands shall order the immediate survey
of the proposed reservation if the land has not been yet surveyed, and as soon as
the plat has been completed, he shall proceed in accordance with the next following
section
- The tract/s reserved shall be non-alienable and shall not be subject to any
occupation, entry, sale, lease, or other disposition until again declared as alienable
and disposable
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SPECIAL PATENTS

Reversion of land acquired through fraud

The uncontroverted rule is that, the doctrine of indefeasibility of Torrens Title does
not bar the filing of an action for cancellation of title and reversion of land even if
more than one year has elapsed from the issuance of the free patent in case of fraud
in obtaining it.

Patent to grant, cede, and convey full ownership of alienable and disposable lands
formerly covered by a reservation of lands of the public domain and is issued upon
the promulgation of a special law or act of Congress or by the DENR Secretary as
authorized by the President.

REGISTRATION OF PATENTS AND ISSUANCE OF CERTIFICATES OF TITLES

The patent or grant shall not take effecr as a conveyance or bind the land but shall
operate only as a contract between the government and the grantee. It is the act
of registration that conveys or affects the lands, and binds third person.

CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT INDEFEASIBLE

Registered owners under Torrens System, gives security over the ownership of the
land, it becomes private property and it is no longer subject to the disposition of the
Director of Lands.
It has in its favor the presumption of regularity
It becomes incontrovertible upon the expiration of 1 year from the date of the order
for issuance of the patent, hence, prescription cannot operate against the registered
owner.

TITLE NOT DEFEATED BY ADVERSE, OPEN AND NOTORIOUS POSSESSION.

NEITHER CAN IT BE DEFEATED BY PRESCRIPTION. A CERTIFICATE TITLE
CANNOT BE COLLATERALLY ATTACKED.

CADASTRAL REGISTRATION PROCEEDINGS

CADASTRAL PROCEEDINGS (PANG MALAWAKAN TO!)
Upon the initiative of the government
To have titles to all lands in the stated area adjudicated
Public interest demands that titles to any unregistered land settled and adjudicated
The principal aim is to settle as much as possible all disputes over the land and to
remove all clouds over the land titles as far as practicable, in a community
Nature of a proceeding in rem

FRIAR LANDS

Private lands purchased by the government for sale to actual occupants under the
provisions of Act 1120 or the Friar Lands Act
These lands are not public lands but private and patrimonial lands of the
government
The Land Management Bureau shall first issue a certificate stating therein that the
government has agreed to sell the land to such settler or occupant
The latter shall then accept the certificate and agree to pay the purchase price so
fixed, in installments and at the rate of interest specified in the certificate
The conveyance or certificate of sale executed in favor of a buyer is a conveyance of
ownership of the property, subject only to the resolutory condition that the sale may
be cancelled if the price agreed upon is not paid in full

REVERSION fraud had been committed in securing such title.

Public Land Act

DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE

FRAUDULENT ISSUANCE OF PATENTS
- It is not only the right but also the duty of the Director of Lands to conduct the
investigation of any alleged fraud in securing the free patent and the corresponding
title to a public land and to file the corresponding court action for the reversion of
the same to the State, if the facts disclosed in the course of such investigation
should so warrant.
- The indefeasibility of title over land previously public is not a bar to an
investigation by the Director of Lands as to how such title has been acquired, if the
purpose of such investigation is to determine whether or not fraud had been
committed in securing such title in order that that the appropriate action for
reversion may be filed by the government.

GOVERNMENT MAY INITIATE ACTION FOR CANCELLATION OF TITLE AND

REVERSION

Section 101 of Public Land Act provides for a remedy whereby lands of the public
domain fraudulently awarded to the applicant may be recovered or reverted back to
its original owner, the government
Office of Solicitor General shall represent the government in all land registration and
related proceedings and institute actions for the reversion to the government of
lands of the public domain and improvements thereon as well as lands held in
violation of the Constitution
It is improper for the government to file an action for reversion of land titled to
defendant pursuant to a free patent where the alleged fraud consists in the fact that
said land, at the time of issuance of the free patent was no longer a part of the
public domain, having been adjudicated as private property of another person in a
previous registration case
An action for reversion on the ground that defendant obtained patent through fraud
would also fail where the land had successively been sold by the heirs of the
patentee to third parties who are holding Torrens titles and enjoying the presumption
of good faith

Private parties cannot challenge the validity of the patent and title when they are
not registered owners thereof nor had they been declared the owners as owners in
the cadastral proceedings whether the grant was in conformity with the law or not
is a question which the government may raise, but until it is raised by the
government and set aside, the defendant cannot question it. The legality of the
grant is a question between the grantee and the government.

ACTION FOR NULLITY OF LAND TITLES DISTINGUISHED FROM REVERSION

The difference between them lies in the allegations as to the character of the
ownership of realty whose title is sought to be nullified.
5

Reversion - pertinent allegations in the complaint would admit State ownership of

the disputed land. The portion affected by the amendment would revert back to the
public domain.

Action for declaration of nullity of free patent and certificate title the land
is beyond the jurisdiction of the Director of Lands to bestow and whatever patent or
certificate title therefore is consequently void ab initio. The real party in interest is
not the State but the plaintiff who alleges pre existing right of ownership over the
parcel of land in question even the grant of title to the defendant.

Note: Beyond the jurisdiction of Director of Lands because the land is private owned
already.

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE ISSUANCE

OF DECREE
-

WHERE REVERSION IS IMPROPER

In the case of Republic v. Umali, the government sought for the reversion of
parcel of land on the ground that the original sale thereof from the government was
based on a forgery and therefore void ab initio. However, the respondents are
transferees, claiming to be innocent purchasers. Since the respondents are
transferees in good faith and for value and for value and that the original acquisition
thereof, although fraudulent, did not affect their own titles.

PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION

If there has been any fraud or misrepresentation in obtaining the title, an action for
reversion instituted by the Solicitor General would be the proper remedy

ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION, LACHES

Statute of limitations doesnt run against the State

ACTION FOR CANCELLATION OF TITLE

Proper when a private party claims ownership of the land as private property by
virtue of a long period of possession and hence, no longer deemed a part of the
public domain which could be disposed of under the provisions of the Public Land
Act, or when the land is already covered by a previously issued certificate of title.

ACTION FOR RECONVEYANCE BRING THE LAND BACK TO THE OWNER.

Legal and equitable remedy granted to the rightful owner of the land which has been
wrongfully or erroneously registered in the name of another for the purpose of
compelling the latter to transfer or reconvey the land to him

Public Land Act

Action for reconveyance still available as remedy

Action in personam that it is always as long as the property has not passed to an
innocent purchaser for value
RELEVANT ALLEGATIONS

That the plaintiff is the owner of the land

That the defendant has illegally disposed him of the same
NOTE: The nullification of defendants land would not result in the reversion of the
land to State but remains private property, the plaintiff-claimant may seeks direct
reconveyance.

Note: Reversion does not apply to transferees, who are innocent purchasers. It only
applies to applicant who committed fraud in securing such title.

After one year from the issuance of the decree, may bring action for reconveyance
of
the
property
Only to show that the person who secured the registration of the questioned
property is not the real owner thereof
Seeks to transfer or reconvey the land from the registered owner to the rightful
owner

COURTS HAVE
PUBLIC LANDS

JURISDICTION OVER

POSSESSORY ACTIONS

INVOLVING

Even pending the investigation of, and resolution on, an application by a bona fide
occupant, by the priority of his application and record of his duty, he acquires a right
to the possession of the public land he applied for against any other public land
applicant, which right may be protected by the possessory action of forcible entry or
by any other suitable remedy that our rules provide

The grant of power and duty to alienate and dispose of the land doesnt divest the
courts of their duty or power to take cognizance of actions instituted by settlers or
occupants or applicants against others to protect their respective possessions and
occupations, more especially the actions of trespass, forcible entry and unlawful
detainer