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DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)

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LAND TITLES AND DEEDS 2. TORRENS SYSTEM OF REGISTRATION

MIDTERM 2014 2015
NATURE OF TORRENS SYSTEM
I. NATURE OF REGISTRATION PROCEEDINGS AND JURISDICTION
OF COURTS It is a system of registration of transactions with interest in land
whose declared object is, under governmental authority, to
1. REGALIAN DOCTRINE establish and certify to the ownership of an absolute and
indefeasible title to realty, and to simplify its transfer.
The Regalian Doctrine or jura regalia embody the concept that all It is the most effective measure to guarantee the integrity of
lands of the public domain are owned by the State. land titles and to protect their indefeasibility once the claim of
The State is the source of any asserted right to ownership and charged ownership is established and recognized.
with the conservation of such patrimony.
All lands not otherwise appearing to be clearly within private PURPOSE OF TORRENS SYSTEM
ownership are presumed to belong to the State.
Basis: The theory of feudal system was that the title to the all lands To avoid possible conflicts of title in and to real property
was originally held by the King, and while the use of lands was granted Facilitate transactions by giving the public the right to rely upon
out to others who were permitted to hold them under certain the face of the Torrens Certificate of Title and;
conditions, the King theoretically retained the title. To dispense with the need of inquiring further, except when the
It was adopted and enshrined in the 1935, 1973, and 1987 party concerned has actual knowledge of facts and
Constitution. circumstances that should impel a reasonable cautious man to
Article XII, Section 2, 1987 Constitution: make such further inquiry.

Section 2. All lands of the public domain, waters, minerals, coal, ADVANTAGES OF TORRENS SYSTEM
petroleum, and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural resources To quiet the land
are owned by the State. With the exception of agricultural lands, all To accumulate in one document a precise and correct statement
other natural resources shall not be alienated. The exploration, of the exact status of the fee held by its owner
development, and utilization of natural resources shall be under the full To decree land title that shall be final, irrevocable, and
control and supervision of the State. The State may directly undertake sustainable
such activities, or it may enter into co-production, joint venture, or To decree land title which cannot be altered, modified, enlarged,
production-sharing agreements with Filipino citizens, or corporations or or diminished except in some direct, and not collateral
associations at least sixty per centum of whose capital is owned by such proceeding
citizens. Such agreements may be for a period not exceeding twenty-five To relieve the land of the burden of known and unknown claims
years, renewable for not more than twenty-five years, and under such To put a stop forever to any question as to the legality of the
terms and conditions as may be provided by law. In cases of water rights title
for irrigation, water supply fisheries, or industrial uses other than the To simplify ordinary dealings over registered land
development of waterpower, beneficial use may be the measure and limit To afford protection against fraudulent transactions
of the grant. To restore the just value of land
To minimize conflicting claims and stabilize land ownership
CASE: Cruz vs. Sec. of Environment and Natural Resources
3. A VIEW OF PAST AND PRESENT LEGISLATION ON LAND
The petitioners, Isagani Cruz and Cesar Europa, challenged the REGISTRATION
constitutionality of RA No. 8371 or the IPRA of 1997, on the ground
that it amounts to an unlawful deprivation of the States ownership THE PUBLIC LAND ACT, CA 141
over lands of the public domain and all other natural resources
therein, by recognizing the right of ownership of ICC/IPs to their Governed the disposition of lands of the public domain
ancestral domains and lands on the basis of native title.
Prescribed rules and regulations for the homesteading, selling,

and leasing of portions of the public domain of the Philippine
The Supreme Court, in a vote of 7-7, upheld the constitutionality of the
Islands
IPRA. Justice Kapunan stated that the Regalian Doctrine does not
Prescribed the terms and conditions to enable persons to
negate native title to lands held in private ownership since time
perfect their titles to public lands in the Islands
immemorial because those lands are presumed to never have been a
Provided for the issuance of patents to certain native settlers
public land. Moreover, it doesnt violate the Regalian Doctrine because
upon public lands for the establishment of town sites and sale of
there is no provision in the IPRA that grants ownership over natural
lots therein, for the completion of imperfect titles, and for the
resources within the ICC/IPs ancestral domain.
Islands

In short, this Act worked on the assumption that title to public
CASE: Secretary of DENR vs. Yap
lands in the Philippines remained in the government and that

the governments title to public land sprung from the Treaty of
This is a consolidated petition of two groups of private claimants
Paris and other subsequent treaties between Spain and the US
contending that prior to Proclamation No. 1064 issued by PGMA in
PUBLIC LAND
2006, Boracay Island was unclassified land of public domain, over
which they have not acquired vested rights of ownership. Referred to all land of the public domain whose title still
remained in the government and are thrown open to private
The group of Sumndad insist that Boracay Island is susceptible of appropriation and settlement, and excluded the patrimonial
private ownership by acquisitive prescription under applicable laws property of the government and the friar lands
classifying it as agricultural land and as a tourism zone under
Proclamation No. 1801 and related issuances. For their part, private APPLICATION OF CA 141
claimants Mayor Jose S. Yap, Dr. Orlando Sacay, and Wilfredo Gelito
assert that they are entitled to judicial confirmation of imperfect title Applies to all lands of public domain which have been declared
under Proclamation No. 1064. open to disposition or concession and officially delimited and
classified
The Supreme Court DENIED the motions and ruled the following: Provisions on the different modes of government grant
homesteads, patents, sales, and reservations for public and
1. Proclamation No. 1801 or PTA Circular No. 3-82 did not semipublic purpose
convert the whole of Boracay into an agricultural land. Has a chapter on judicial confirmation of imperfect or
There is nothing in the law or the Circular, which made incomplete titles based on acquisitive prescription
Boracay Island an agricultural land. Simply put, the
proclamation is aimed at administering the islands for THE LAND REGISTRATION ACT, ACT NO. 946
tourism and ecological purposes. It does not address the
areas' alienability Established the Torrens system of registration in the country
Court of Land Registrationexclusive jurisdiction over all
2. On the constitutionality of Proclamation No. 1064, the Court applications for registration, with power to hear and
cannot entertain private claimants' belated argument that determine all questions arising upon such applications
President Arroyo arrogated unto herself the Congressional To bring land titles in the Philippines under one comprehensive
power to classify forest lands. This is raised for the first time and harmonious system, the cardinal features of which are
and it is a collateral attack on the validity of Sections 6 and 7 indefeasibility of title and the intervention of the State as a
of the Public Land Act, the basis of President Arroyo's prerequisite to the creation and transfer of titles and interests,
action. For reasons of public policy, the constitutionality of a with the resultant increase in the use of land as a business asset
law cannot be attacked collaterally. by reason of the greater certainty and security of title
It doesnt create a title nor vest one

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It simply confirms a title already created and already vested, rendering Regional Trial Court, sitting as a land registration
it forever indefeasible. court
Judicial proceedings were in rem and based on generally accepted 2. IF THERE IS CONTROVERSY AND/OR
principles underlying the Torrens system CONTENTIONS, it shall be an ordinary action or in
Before the creation of the Court of Land Registration, the the case where the incident property belonged.
jurisdiction to determine the nature, quality, and extent of land
titles, the rival claims of contending parties, and the legality and Section 34 of BP No. 129, known as the Judiciary
effect thereof was vested in the Courts of First Instance Reorganization Act of 1980, as amended by RA No. 7691,
approved March 25, 1994, grants to first level courts MTC,
WITH THE PASSAGE OF THE ABOVEMENTIONED ACT, TWO THINGS MeTC, MCTC - delegated jurisdiction to hear and determine
OCCURRED WORTHY OF NOTE: cadastral or land registration cases in the following
instances.
A court of limited jurisdiction, with special subject matter, and with
only one purpose was created 1. Where there is NO CONTROVERSY OR OPPOSITION, or
By reason thereof, courts theretofore of general, original, 2. Contested lots the where the value of which does NOT
exclusive jurisdiction, were shun of some of their attributesin EXCEED ONE HUNDRED THOUSAND PESOS
other words, powers were restricted (P100,000.00), such value to be ascertained by the
affidavit of the claimant or by agreement of the respective
THE CADASTRAL ACT, ACT NO. 2259 claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their
When, in the option of the President, the public interest requires that decisions in these cases shall be appealable in the same
title to any lands be settled and adjudicated, he shall order the Director manner as decisions of the Regional Trial Courts.
of Lands to make a survey thereof, with notice to all persons claiming
interest therein Section 33 of BP No. 129 provides that the MTC, MeTC, MCTC
Thereafter, the Director of Lands, represented by the Solicitor General, shall exercise:
shall institute registration proceedings by filing a petition in the
proper court against the holders, claimants, possessors, or occupants 1. Exclusive original jurisdiction over cases of forcible
of such lands, stating that the public interest requires that the titles to entry and unlawful detainer: Provided, That when, in
such lands be settled and adjudicated such cases, the defendant raises the question of
Notice of the filing of the petition is published twice in successive ownership in his pleadings and the question of
issues of the Official Gazette possession cannot be resolved without deciding the issue
Decree shall be the basis for the issuance of the certificate of title of ownership, the issue of ownership shall be resolved
which shall have the same effect as a certificate of title granted under only to determine the issue of possession.
the Property Registration Decree 2. Exclusive original jurisdiction in all civil actions which
A cadastral proceeding is in rem, hence, binding generally upon the involve title to, or possession of, real property, or any
whole world interest therein where the assessed value of the
property or interest therein does not exceed Twenty
THE PROPERTY REGISTRATION DECREE, PD 1529 thousand pesos (P20,000.00) or, in civil actions in
Metro Manila, where such assessed value does not
In order to update the Land Registration Act exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees,
To codify the various laws relative to the registration of property and
litigation expenses and costs: Provided, That value of
To facilitate effective implementation of said laws
such property shall be determined by the assessed value
Supercedes all laws relative to the registration of property
of the adjacent lots
RTC: jurisdiction over applications for registration and all
subsequent proceedings relative thereto, subject to judicial DISTINCTION BETWEEN COURTS GENERAL AND LIMITED
review JURISDICTION
Substantially incorporated the substantive and procedural
requirements of its precursor, the Land Registration Act of 1902 The Court is no longer fettered by its former limited jurisdiction.
It has expanded the coverage to include judicial combination of It is now authorized to hear and decide not only non-
imperfect and incomplete titles in its Section 14 (1), cadastral controversial cases but also even the contentious and
registration proceedings in Section 35 to 38, voluntary proceedings in substantial issues, which before were beyond its competence.
Sections 51 to 68, involuntary proceedings in Sections 69 to 77, The jurisdiction of the RTC in Section 2 of the Property
certificates of land transfer and emancipation patents issued pursuant Registration Decree is no longer circumscribed as it was under
to PD No. 27 in Sections 104 to 106, and reconstruction of lost or Act No. 496, the former land registration law.
destroyed original Torrens titles in Section 110. The Decree has eliminated the distinction between the general
Judicial proceedings are in rem and are based on general principles jurisdiction vested in the RTC and the limited jurisdiction
underlying the Torrens system conferred upon it by the former law when acting merely as
cadastral court. (Arceo vs. Court of Appeals)
REGISTRATION UNDER THE TORRENS SYSTEM IS A PROCEEDING IN
REM CASE: Junio vs. Delos Santos


Main principle of registration: to make registered titles indefeasible Petitioner Junio is the registered owner of a parcel of land in
All occupants, adjoining owners, adverse claimants, and other Pangasinan. Respondent, Delos Santos, alleged that Junio, sold
interested persons are notified of the proceedings, and have a right to to him 1/3 of petitioners property. Junio denies having sold the
appear in opposition in such application portion of his property and filed an action to cancel the adverse
Proceeding against the whole world claim of Delos Santos.
Proceedings shall be in rem and based on generally accepted
principles under the Torrens system The Court, in this case, failed to conduct a speedy hearing due to
the presence of a controversy. The Supreme Court ruled that the
4. REGIONAL TRIAL COURTS HAVE EXCLUSIVE JURISDICTION lower court, instead of confining itself to the propriety of the
OVER LAND REGISTRATION CASES registration of the adverse claim should already have decided
the controversy between the parties on the merits thereof.
PD No. 1529 was enacted on June 11, 1978.
Section 2 of PD No. 1529 provides that: Doctrinal jurisprudence holds that the CFI/RTC, as a land
The Regional Trial Court shall have exclusive jurisdiction over all registration court, can entertain and dispose of the validity or
applications for invalidity of respondents adverse claim; whether petitioner is
1. ORIGINAL REGISTRATION of title to lands, entitled or not to a declaratory relief. SC remanded the case to
including improvements and interests therein, and; the RTC to pass controversy on merits.
2. Over all petitions filed AFTER ORIGINAL
REGISTRATION OF TITLE, with power to hear and --- END OF PART I ---
determine all questions arising upon such
applications or petitions.

BEFORE THE ENACTMENT OF PD NO. 1529, the following rules
shall apply:
1. IF THERE IS NO ADVERSE CLAIM OR SERIOUS
OBJECTION ON THE PART OF ANY PARTY IN
TEREST, summary reliefs, such as an action to compel
the surrender of owners duplicate certificate of title
to the Register of Deeds, could only be filed with the

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II. THE LAND REGISTRATION COMMISSION AND REGISTRIES OF THE REGISTY OF PROPERTY
DEEDS
REGISTRATION means the entry of instruments or deeds in a
1. THE LAND REGISTRATION AUTHORITY book or public registry. It is the entry made in the registry
which records solemnly and permanently the right of
The Land Registration Authority was created by virtue of PD No. 1529. It is ownership and other real rights.
the agency of the government charged with the efficient execution of the The registration of instruments affecting registered land must
laws relative to the registration of lands, and is under the Executive be done in the proper registry, in order to affect and bind the
supervision of the Department of Justice land and, thus, operate as constructive notice to the world.
The LRA is headed by the Administrator and two (2) Deputy Thus, if the sales is not registered, it is binding only between
Administrators; who are all appointed by the President of the Philippines parties but it does not affect innocent third persons
upon recommendation of the DOJ Secretary
1. The original copy of the original certificate of title shall be filed
FUNCTIONS OF THE AUTHORITY in the Registry of Deeds. The same shall be bound in
consecutive order together with similar certificates of title and
1. Extend speedy and effective assistance to the Department of Agrarian shall constitute the registration book for titled properties.
Reform, the Land Bank, and other agencies in the implementation of 2. Each Register of Deeds shall keep a primary entry book where
the land reform program of the government; all instruments including copies of writs and processes relating
2. Extend assistance to courts in ordinary and cadastral land to registered land shall be entered in order of their filing.
registration proceedings; 3. They shall be regarded as registered from the time so noted.
3. Be the CENTRAL REPOSITORY OF RECORDS relative to original
registration of lands titled under the Torrens system, including EFFECT OF REGISTRATION
subdivision and consolidation plans of titled lands. Registration in the public registry is NOTICE TO THE WHOLE
WORLD.
FUNCTIONS OF LRA ADMINISTRATOR The act of registration shall be the operative act to convey or
affect the land insofar as third persons are concerned, and in all
1. Issue decrees of registration pursuant to final judgments of the cases under PD No. 1529, the registration shall be made in the
courts in land registration proceedings and cause the issuance by the office of the Register of Deeds in the city or province where the
Registers of Deeds of the corresponding certificates of title; land lies.
2. Exercise supervision and control over all Registers of Deeds and
other personnel of the Commission; INSTANCES WHERE THE REGISTER OF DEEDS MAY DENY
3. Resolve cases elevated en consulta by, or on appeal from decision of, REGISTRATION
Registers of Deeds;
4. Exercise executive supervision over all clerks of court and personnel 1. When there are several copies of the title but only one is
of the Courts of First Instance throughout the Philippines with presented with the instrument to be registered.
respect to the discharge of their duties and functions in relation to 2. When the property is presumed to be conjugal but the
the registration of lands; instrument of conveyance bears the signature of only one
5. Implement all orders, decisions, and decrees promulgated relative to purpose
the registration of lands and issue, subject to the approval of the 3. When there is a pending case in court where the character of the
Secretary of Justice, all needful rules and regulations therefor;(f) land and validity of the conveyance are in issue
Verify and approve subdivision, consolidation, and consolidation- 4. When the instrument is not notarized
subdivision survey plans of properties titled under Act No. 496 5. When required certificates of documents are not submitted
except those covered by P.D. No. 957.
CASE: Baranda vs. Gustilo
The duty of the LRAs Administrator is purely ministerial in a sense that
they act under the orders of the court and the decree must be in This is originally a petition for reconstitution of Title filed with
conformity with the decision of the Court. CFI of Iloilo involving a parcel of land known as lot no. 4517
However, if they are in doubt upon any point in relation to the preparation covered by OCT No. 6406 in the name of Romana Hitalia. The
and issuance of the decree, it is their duty to refer the matter to the Court. said OCT no. 6406 was cancelled and transferred to TCT no.
They act, in this respect, as officials of the Court since they are specially 106098 in the names of Alfonso Hitalia and Eduardo Baranda.
called upon to extend assistance to courts in ordinary and cadastral land
registration proceedings. SC: Respondent Judge Tito Gustilo abused his discretion in
sustaining the respondent Acting Register of Deeds' stand that,
2. OFFICE OF THE REGISTER OF DEEDS the notice of lis pendens in the certificates of titles of the
petitioners over Lot No. 4571, Barbara Cadastre cannot be
The Office of the Register of Deeds constitutes a PUBLIC REPOSITORY OF cancelled on the ground of pendency of Civil Case No. 15871
RECORDS of instruments affecting registered or unregistered land and with the Court of Appeals.
chattel mortgages in the province of city wherein such office is situated.
There shall be at least one Register of Deeds for each province and one for The function of the RD with reference to the registration of
each city. deeds, encumbrances, instruments and the like is ministerial in
The Secretary of Justice shall define the official station and territorial nature. The acting RD did not have any legal standing to file a
jurisdiction of each Registry upon the recommendation of the motion for reconsideration of the respondents order directing
Administrator. him to cancel the notice of lis pendens annotated.

FUNCTIONS AND DUTIES OF RD CASE: Almirol vs. Register of Deeds of Agusan

1. It shall be the duty of the Register of Deeds to immediately register Teodoro Almirol purchased a parcel of land in Agusan from
an instrument presented for registration dealing with real or Arcenio Abalo. The land was originally registered to Arcenio
personal property, which complies with all the requisites for Abalo, married to Nicolasa Abalo. Almirol went to the RD to
registration. secure his name in the TCT, however the RD refused to register
2. He shall see to it that said instrument bears the proper documentary the land because:
and science stamps and that the same are properly canceled. 1. The OCT was registered under Arcenio and
3. If the instrument is not registerable, he shall forthwith deny Nicolasa Abalo;
registration thereof and inform the presentor of such denial in 2. That in a sale of conjugal property, acquired after
writing, stating the ground or reason therefor, and advising him of the effectivity of the NCC, both spouses should
his right to appeal by consulta in accordance with Section 117 of this sign the document;
Decree 3. Since the wife has already died, the surviving
4. Prepare and keep index system, which contains the names of all husband cannot dispose of the property without
registered owners alphabetically arranged and all the lands violating the existing law
respectively registered in their names
Because of the refusal of RD, Almirol filed a petition for
DUTY OF THE REGISTER OF DEEDS TO REGISTER, MINISTERIAL mandamus to compel the RD to register the Deed of Sale and
issue to him the corresponding TCT.
He may not validly refuse to register a deed of sale presented to him
for registration. SC: When the RD is in doubt as to any instrument presented to
Whether a document is valid or not is not for the Register of him for registration, all that is supposed to do is to submit and
Deeds to determine; this function belongs properly to a court of certify the question to the Administrator of LRA, who shall, after
competent jurisdiction. (Almirol vs. RD of Agusan) notice and hearing, enter an order prescribing the steps to be
Hence, registration must first be allowed, and the validity or effect taken on the doubtful question.
thereof litigated afterwards.
--- END OF PART II ---

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III. MODES OF REGISTERING LAND TITLES SC: In fine, non-Filipinos cannot acquire or hold title to private
lands or to lands of the public domain, except only by way of
1. CITIZENSHIP REQUIREMENT legal succession.

CASE: Krivenko vs. Register of Deeds But what is the effect of a subsequent sale by the disqualified
alien vendee to a qualified Filipino citizen? This is not a novel
This is a landmark case decided by the Philippine Supreme Court, which question. Jurisprudence is consistent that if land is
further solidified the PROHIBITION OF THE PHILIPPINE invalidly transferred to an alien who subsequently becomes
CONSTITUTION THAT ALIENS MAY NOT ACQUIRE PRIVATE OR a citizen or transfers it to a citizen, the flaw in the original
PUBLIC AGRICULTURAL LANDS, INCLUDING RESIDENTIAL LANDS. transaction is considered cured and the title of the
transferee is rendered valid.
This was the outcome of the petition by Alexander Krivenko, an alien, who
bought a residential land in Manila, Philippines on December 1941. ACQUISITION OF AGRICULTURAL LANDS OF THE PUBLIC
However, he failed to register the same due to Japans declaration of war. DOMAIN ARE LIMITED TO FILIPINO CITIZENS
Later on in May 1945, he again sought the registration of the same
land but the herein respondent, Register of Deeds, denied the WHO MAY ACQUIRE PRIVATE LANDS
application because as an alien, Krivenko was disqualified to own
land pursuant to the laws of the Philippine jurisdiction. Krivenko Filipino citizens;
brought the case to the Court of First Instance of Manila which sustained Filipino corporations and associations as defined in
the refusal of the Register of Deeds of Manila. He then appealed to the Section 2, Article XII of the Constitution; and, by exception;
Supreme Court. Aliens, but only by hereditary succession
A natural-born citizen of the Philippines who has lost his
During the pendency of the appeal, a new circular by the Department of citizenship under the terms of Section 8
Justice was released, instructing all registers of deeds to accept for
registration all transfers of residential lots to aliens. With the effect of the o Section 7. Save in cases of hereditary succession,
circular swaying in his favor, Krivenko thereafter filed a motion to no private lands shall be transferred or conveyed
withdraw his appeal. However, the Supreme Court deemed it best to except to individuals, corporations, or
exercise its discretionary powers and denied Krivenkos appeal, in order associations qualified to acquire or hold lands of
to tackle the more pressing constitutional issue; and in the process, the public domain.
established itself as a landmark case with regard to foreign ownership of o Section 8. Notwithstanding the provisions of
lands in the Philippines Section 7 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine
The 1935 COMMONWEALTH CONSTITUTION served as the main point citizenship may be a transferee of private lands,
of reference in this case; the following facts however, should be noted: subject to limitations provided by law.
o Subject to limitations provided by law
1. The 1943 Constitution was already in place at the time this Maximum area of 5000 Sq/m. in
case was penned in 1947 urban land;
2. Krivenko bought the property in December 1941 3 hectares in case of rural land
3. The dispute about the registration and the denial of such In case of married couples, one of
by the register of deeds occurred in May 1945. them may avail of the privilege
4. Section 1, Article XIII of the 1935 Constitution was granted.
reproduced verbatim in Section 1, Article VIII of the 1943 But if both shall avail the same, the
Constitution total area acquired shall not
exceed the maximum fixed.
1935 Constitution: Article XIII, Section 5. Save in cases of hereditary o The area limitation does not apply to natural-
succession, no private agricultural land shall be transferred or assigned born citizen who has lost his citizenship but
except to individuals, corporations, or associations qualified to acquire or who has re-acquired the same under the
hold lands of the public domain in the Philippines. Citizenship and Re-acquisition Act of 2003
because the said law grants him the right to
1935 Constitution: Article XIII, Section 1. It should be clear that lands of enjoy full civil and political rights upon the
the public domain are by the State first and foremost, but its utilization is re-acquisition of his Filipino citizenship.
limited to Filipino citizens only, or to corporations whose 60% capital
stock are owned by Filipinos. It is clear from these phrases that the bent Filipino citizens can both acquire or otherwise hold
towards excluding foreigners is already evident. lands of public domain.
Filipino corporations cannot acquire lands of the public
Natural resources, with the exception of public agricultural land, domain, BUT THEY CAN HOLD SUCH LANDS BY MODES
shall not be alienated, and no license, concession, or lease for the OTHER THAN ACQUISITION SUCH AS LEASE
exploitation, development, or utilization of any of the natural
resources shall be granted for a period exceeding twenty-five years, ALIENS MAY LEASE PRIVATE LAND
renewable for another twenty-five years
While aliens are disqualified from acquiring lands of the
When Sections 1 and 5 are read together, it is therefore clear that public domain, they may however lease private lands. A
aliens are prohibited from acquiring lands in the Philippines, subject lease to an alien for a reasonable period is valid.
to exceptions provided by law. An alien may buy a real property in the Philippines, on
condition that he is granted Philippine citizenship.
The penned decision referred to the Constitutional Convention, specifically
the report of the Committee on Nationalization and Preservation of Lands CASE: Llantino vs. Co Liong Chong
and other Natural Resources, for the purpose behind the principle:
A Chinese National, Co Liong Chong, entered into a contract with
"that lands, minerals, forests, and other natural resources constitute Filipino spouses Gregorio and Belinda Llantino, for a lease of a
the exclusive heritage of the Filipino nation. They should, therefore, land in the Philippines for 60 years. Co Liong Chong built a
be preserved for those under the sovereign authority of that nation commercial establishment in the leased lot. During the term of
and for their posterity." the lease contract, Co Liong Chong eventually acquired Filipino
citizenship, and went by the name Juan Molina.
The CA 141, which blocked out the right of aliens from acquiring property
by reciprocity; previously granted them by the Public Land Act No. 2874 The defendant was placed in possession of the property but
sections 120 and 121 further supports this. knowing that the period of the least would end with the year
1967, petitioners requested private respondent for a conference
The Supreme Court affirmed the act of the Register of Deeds in denying the but the latter did not honor the request and instead he informed
registration of Krivenkos land, and established itself as a landmark case the petitioners that he had already constructed a commercial
when addressing the issue of foreign ownership of lands within the building on the land worth P50,000.00; that the lease contract
jurisdiction of the Philippines. was for a period of sixty (60) years, counted from 1954; and
that he is already a Filipino citizen. The claim of Chong came as
CASE: Halili vs Court of Appeals a surprise to the Llantinos because they did not remember
having agreed to a sixty-year lease agreement as that would
Simeon de Guzman, American citizen, died intestate and the ownership of virtually make Chong the owner of the realty which, as a
his land went to Helen, his wife. Helen then executed a deed of quitclaim Chinese national, he had no right to own and neither could he
and assignment of rights and titles over six (6) parcels of land in favor of have acquired such ownership after naturalization subsequent
David Rey, her son. David Rey then sold the lands to Emiliano Cataniag. to 1954.

Petitioners, adjoining lot owners, questioned the validity and
constitutionality of the conveyances.

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SC: Under the circumstances, a lease to an alien for a reasonable period is SC: Sec. 5, Art. 13 of the Constitution provides that save in
valid. So is an option giving an alien the right to buy real property on cases of hereditary succession, no private agricultural land
condition that he is granted Philippine citizenship. Aliens are not shall be transferred or assigned except to individuals,
completely excluded by the Constitution from use of lands for residential corporations, or associations qualified to hold lands of the
purposes. Since their residence in the Philippines is temporary, they may public domain in the Philippines. The Constitution does not
be granted temporary rights such as a lease contract, which is not make any exception in favor of religious associations.
forbidden by the Constitution. Should they desire to remain here forever
and share our fortune and misfortune, Filipino citizenship is not The fact that appellant has no capital stock does not exempt it
impossible to acquire. from the Constitutional inhibition, since its member are of
foreign nationality. The purpose of the 60% requirement is to
In the case at bar, even assuming, arguendo, that the subject contract is ensure that Filipinos shall control corporations or associations
prohibited, the same can no longer be questioned presently upon the allowed to acquire agricultural lands or to exploit natural
acquisition by the private respondent of Filipino citizenship. It was resources; and the spirit of the Constitution demands that in the
held that sale of a residential land to an alien which is now in the absence of capital stock, controlling membership should be
hands of a naturalized Filipino citizen is valid. composed of Filipino citizens.

CORPORATION SOLE MAY ACQUIRE AND REGISTER PRIVATE LAND SOLD TO AN ALIEN WHICH IS NOW IN THE HANDS OF A
AGRICULTURAL LAND FILIPINO MAY NO LONGER BE ANNULLED

Corporation Sole - For the purpose of administering and managing, as CASE: De Castro vs. Tan
trustee, the affairs, property and temporalities of any religious
denomination, sect or church, a corporation sole may be formed by the Doctrine: The sale of a residential land to an alien but now
chief archbishop, bishop, priest, minister, rabbi or other presiding elder of already in the hand of a naturalized Filipino citizen is valid.
such religious denomination, sect or church.
In 1938, petitioner Filomena de Castro sold a residential lot to a
CASE: Roman Catholic Apostolic Administrator of Davao Inc. vs LRC Chinese, Tan Tai. Tan Tai died leaving behind respondents, his
widow, and children. Before his death, one of his sons, Joaquin,
Mateo L. Rodis, a Filipino citizen and resident of the City of Davao, became a naturalized Filipino. Six years after Tan Tais death,
executed a deed of sale of a parcel of land in favor of the Roman Catholic his heirs executed an extra judicial settlement of estate with
Apostolic Administrator of Davao Inc.(Roman), a corporation sole sale, whereby the disputed land was allotted to Joaquin.
organized and existing in accordance with Philippine Laws, with Msgr.
Clovis Thibault, a Canadian citizen, as actual incumbent. The petitioner commenced suit against the heirs of Tan Tai for
annulment of sale and alleged violation of the 1935 Constitution
The Register of Deeds of Davao for registration, having in mind a previous for selling land to aliens. The respondents moved to dismiss the
resolution of the CFI in Carmelite Nuns of Davao were made to prepare an case because of lack of action and due to the fact that Joaquin is
affidavit to the effect that 60% of the members of their corp. were Filipino already a Filipino citizen.
citizens when they sought to register in favor of their congregation of deed
of donation of a parcel of land, required it to submit a similar affidavit SC: Independently of the doctrine of pari delicto, the
declaring the same. petitioner cannot have the sale annulled and recover the
lot she herself has sold. While the vendee was an alien at
June 28, 1954: Roman in the letter expressed willingness to submit an the time of the sale, the land has since become the property,
affidavit but not in the same tenor as the Carmelite Nuns because it had of respondent Joaquin Teng, a naturalized Philippine
five incorporators while as a corporation sole it has only one and it was citizen, who is constitutionally qualified to own land.
ownership through donation and this was purchased.
The litigated property is now in the hands of a
SC: A corporation sole, which consists of one person only, is vested naturalized Filipino. A disqualified vendee no longer
with the right to purchase and hold real estate and to register the owns it. Respondent, as a naturalized citizen, was
same in trust for the faithful or members of the religious society or constitutionally qualified to own the subject property.
church for which the corporation was organized. There would be no more public policy to be served in
allowing petitioner to recover the land as it is already in
A corporation sole is not the owner of the properties that he may the hands of a qualified person.
acquire but merely the administrator thereof. The properties pass,
upon the death, not to his personal heirs but to his successors in CASE: Republic vs. IAC
office.
Doctrine: A conveyance of a residential lot to an alien prior to
In this sense, the king is a sole corporation; so is a bishop, or dens, distinct his acquisition of Filipino citizenship is valid.
from their several chapters
Chua Kim (aka Uy Teng Be) was the adopted son of Gregorio
CORPORATION SOLE Reyes Uy Un. Lot 1 and 2 were sold to Gregorio by the Manosca
spouses, and Lot 549 by Marquez spouses. When Gregorio died,
Composed of only one persons, usually the head or bishop of the Uy Teng Be took possession of the property. The 3 subject lands
diocese, a unit which is not subject to expansion for the purpose later became subject of a compromise agreement in litigation in
of determining any percentage whatsoever Quezon City, and the court finds that Chua Kim has established
Only the administrator and not the owner of the temporalities his registrable title over the property. The Solicitor General
located in the territory comprised by said corporation sole and challenged the correctness of the order. The CA affirmed the
such temporalities are administered for and on behalf of the CFIs decision, hence this appeal.
faithful residing in the diocese or territory of the corporation
sole The Republic's theory is that the conveyances to Chua Kim were
Has no nationality and the citizenship of the incumbent and made while he was still an alien, i.e., prior to his taking oath as a
ordinary has nothing to do with the operation, management or naturalized Philippine citizen on January 7, 1977, at a time
administration of the corporation sole, nor effects the when he was disqualified to acquire ownership of land in the
citizenship of the faithful connected with their respective Philippines hence, his asserted titles are null and void.
dioceses or corporation sole.
SC: The conveyances were made before the 1935 Constitution
Constitution demands that in the absence of capital stock, the controlling went into effect: at a time when there was no prohibition
membership should be composed of Filipino citizens. There is undeniable against acquisition of private agricultural lands by aliens.
proof that the members of the Roman Catholic Apostolic faith within the Gregorio Reyes Uy Un therefore acquired good title to the lands
territory of Davao are predominantly Filipino citizens. thus purchased by him, and his ownership was not at all
affected either:
DONATION IN FAVOR OF A RELIGIOUS CORPORATION CONTROLLED i. By the principle subsequently enunciated in the
BY NON-FILIPINOS NON REGISTRABLE 1935 Constitution that aliens were
incapacitated to acquire lands in the country,
CASE: Register of Deeds of Rizal vs. Ung Sui Temple since that constitutional principle has no
retrospective application, or
A Filipino citizen executed a deed of donation in favor of the Ung Siu Si ii. By his and his successor's omission to procure
Temple, an unregistered religious organization that operated through the registration of the property prior to the
three trustees all of Chinese nationality. The Register of Deeds refused coming into effect of the Constitution.
to record the deed of donation executed in due form arguing that the
Constitution provides that acquisition of land is limited to Filipino citizens, The litigated property is now in the hands of a naturalized
or to corporations or associations at least 60% of which is owned by such Filipino. A disqualified vendee no longer owns it.
citizens. Respondent, as a naturalized citizen, was constitutionally
qualified to own the subject property.

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RECOVERY OF LAND SOLD TO AN ALIEN SECTION 10, PUBLIC LAND ACT:

The words "alienation," "disposition," or "concession," as used in
CASE: Rellosa vs. Gaw Chee Hun this Act, shall mean any of the methods authorized by this Act
for the acquisition, lease, use or benefit of the lands of the
On 1944, Dionisio Rellosa, a Filipino, sold to Gaw Chee Hun, a Chinese, a public domain other than timber or mineral lands.
parcel of land with a house erected on it, located in Manila. Both parties
entered into a lease contract, whereby Rellosa, the vendor, occupied the BEFORE THE GOVERNMENT COULD ALIENATE OR DISPOSE
land under the condition that Gaw Chee obtains the approval of the sale by OF LANDS OF THE PUBLIC DOMAIN, THE PRESIDENT MUST
the Japanese Administration. Gaw Chee did not obtain such approval. FIRST OFFICIALLY CLASSIFY THESE LANDS AS ALIENABLE
Rellosa now seeks to annul the sale and thelease. Gaw Chee, meanwhile, OR DISPOSABLE, AND THEN DECLARE THEM OPEN TO
contends that such sale was absolute and conditional, the same not being DISPOSITION OR CONCESSION.
contrary to law, morals and public order. He further states that Rellosa is
estopped from asserting his ownership over the land, after having leased CASE: Chavez vs Public Estates Authority
the same from Gaw Chee, and thus, recognizing Gaw Chees title over the
property. The Public Estates Authority is the central implementing agency
tasked to undertake reclamation projects nationwide. It took
SC: A party to an illegal contract cannot come into court to have his over the leasing and selling functions of the DENR insofar as
illegal objects carried out. This is the doctrine of In Pari Delicto. reclaimed or about to be reclaimed foreshore lands are
Rellosas sale of the land to Gaw Chee, an alien is against the concerned.
Constitution and is thus illegal. The Commonwealth Act provided that
such sale is not only unlawful but also null and void ab initio, that such will PEA sought the transfer to AMARI, a private corporation, of the
effect the annulling and cancelling of the title originally issued, and ownership of 77.34 hectares of the Freedom Islands. PEA also
reverting the property and its improvements to the State. sought to have 290.156 hectares of submerged areas of Manila
Bay to AMARI.
CASE: Philippine Banking Corporation vs. Lui She
SC: The transfer is NOT VALID. TO ALLOW VAST AREAS OF
Justiniana, represented by PBC, and Wong Heng, represented by Lui She, RECLAIMED LANDS OF THE PUBLIC DOMAIN TO BE
entered into a contract of lease for 50 years with an option to buy, and TRANSFERRED TO PEA AS PRIVATE LANDS WILL SANCTION
eventually extended it to 99 years upon failure of Wong Heng to secure A GROSS VIOLATION OF THE CONSTITUTIONAL BAN ON
Philippine nationality. PRIVATE CORPORATIONS FROM ACQUIRING ANY KIND OF
ALIENABLE LAND OF THE PUBLIC DOMAIN.
SC: Invalidity of lease; if an alien is given not only a lease, but an option to
buy a piece of land, by virtue of which the Filipino owner cannot sell or The Supreme Court affirmed that the 157.84 hectares of
otherwise of his property, this to last 50 years, then it becomes clear that reclaimed lands comprising the Freedom Islands, now covered
the arrangement is a virtual transfer of ownership by certificates of title in the name of PEA, are alienable lands of
the public domain. The 592.15 hectares of submerged areas of
2. CLASSIFICATION OF PUBLIC LAND Manila Bay remain INALIENABLE NATURAL RESOURCES OF
THE PUBLIC DOMAIN. Since the Amended JVA seeks to transfer
The classification of public lands is an EXCLUSIVE PREROGATIVE OF THE to AMARI, a private corporation, ownership of 77.34 hectares of
EXECUTIVE DEPARTMENT of the government and not of the courts. the Freedom Islands, such transfer is void for being contrary to
In the absence of such classification, the land REMAINS AS Section 3, Article XII of the 1987 Constitution, which prohibits
UNCLASSIFIED LAND until it is released therefrom and rendered open to private corporations from acquiring any kind of alienable land
disposition. of the public domain. Furthermore, since the Amended JVA also
CA No. 141 has, since its enactment on NOVEMBER 7, 1936, governed seeks to transfer to AMARI ownership of 290.156 hectares of
the classification and disposition of lands of the public domain. still submerged areas of Manila Bay, such transfer is void for
The President is authorized, from time to time, to classify the lands of being contrary to Section 2, Article XII of the 1987 Constitution
public domain into alienable and disposable, timber, or mineral lands. which prohibits the alienation of natural resources other than
Under Section 6 of the Public Land Act, the President, through a agricultural lands of the public domain.
Presidential Proclamation or an Executive Order, can classify or reclassify
land to be included or excluded from the public domain. Foreshore and submerged areas shall not be alienated unless
The DENR Secretary is the ONLY OTHER PUBLIC OFFICIAL empowered they are classified as agricultural lands of the public domain.
by law to approve a land classification and declare such land as The mere reclamation of these areas by the PEA doesnt convert
alienable and disposable. these alienable natural resources of the State to alienable or
disposable lands of public domain. There must be a law or
ONLY ALIENABLE LAND OF THE PUBLIC DOMAIN MAY BE THE presidential proclamation officially classifying reclaimed lands
SUBJECT OF DISPOSITION as alienable or disposable and open to disposition or
concession.
SECTION 2, PUBLIC LAND ACT:
The provisions of this Act shall apply to the lands of the public domain; UNTIL RECLAIMED BY THE SEA, THESE SUBMERGED AREAS
but timber and mineral lands shall be governed by special laws and nothing ARE UNDER THE CONSTTUTION, WATERS OWNED BY THE
in this Act provided shall be understood or construed to change or modify STATE FORMING PART OF THE PUBLIC DOMAIN AND
the administration and disposition of the lands commonly called "friar CONSEQUENTLY INALIENABLE.
lands" and those which, being privately owned, have reverted to or become
the property of the Republic of the Philippines, which administration and ONLY PHILIPPINE CITIZENS ARE QUALIFIED TO BID FOR
disposition shall be governed by the laws at present in force or which may PEAS RECLAIMED FORESHORE AND SUBMERGED
hereafter be enacted. ALIENABLE LANDS OF PUBLIC DOMAIN. Private corporations
are barred from bidding at the auction sale of any kind of
SECTION 6, PUBLIC LAND ACT: alienable land of the public domain.
The President, upon the recommendation of the Secretary of Agriculture
and Natural Resources, shall from time to time classify the lands of the CASE: Bureau of Forestry vs. CA and Gallo
public domain into:
o Alienable or disposable; Mercedes Diago applied for registration four parcels of land
o Timber, and with an area of 30.5 hectares situated in Iloilo. Diago alleged
o Mineral lands, that she herself occupied said parcels of land having bought
and may at any time and in a like manner transfer such lands from one them from Jose Maria Nava.
class to another, for the purposes of their administration and disposition.
The Director of Lands opposed said application on the ground
SECTION 9, PUBLIC LAND ACT: that neither the applicant nor her predecessors-in-interest have
For the purpose of their administration and disposition, the lands of the sufficient title over the lands applied for, which could be
public domain alienable or open to disposition shall be classified, registered under the Torrens system and that they have never
according to the use or purposes to which such lands are destined, as follows: been in OCEN possession of the said lands for at least 30 years
o Agricultural; prior to filing of the application. The Director of Forestry also
o Residential, commercial, industrial, or for similar productive opposed on the ground that certain portions of the land are
purposes; mangrove swamps and are within the timberland block B.
o Educational, charitable, or other similar purposes; and
o Reservations for town sites and for public and quasi-public uses. Gallo bought the land from Diago, and took the latters position
in the case by virtue of substitution.
The President, upon recommendation by the Secretary of Agriculture and
Natural Resources, shall from time to time make the classifications provided SC: Admittedly the controversial area is within a
for in this section, and may, at any time and in a similar manner, transfer timberland block as classification of the municipality and
lands from one class to another. certified to by the Director of Forestry on February 18,

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 7 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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1956 as lands needed for forest purposes and hence they 3. NON-REGISTRABLE PROPERTIES
are portions of the public domain, which cannot be the
subject of registration proceedings. Clearly therefore the land is PROPERTY OF PUBLIC DOMAIN
public land and there is no need for the Director of Forestry to
submit to the court convincing proofs that the land in dispute is ART. 420. THE FOLLOWING THINGS ARE PROPERTY OF
not more valuable for agriculture than for forest purposes, as PUBLIC DOMINION:
there was no question of whether the land is forest land or not.
Be it remembered that said forest land had been declared and (1) THOSE INTENDED FOR PUBLIC USE, SUCH AS ROADS,
certified as such by the Director of the Bureau of Forestry on CANALS, RIVERS, TORRENTS, PORTS AND BRIDGES
February 18, 1956, several years before the original applicant of CONSTRUCTED BY THE STATE, BANKS, SHORES, ROADSTEADS,
the lands for registration Mercedes Diago, filed it on July 11, AND OTHERS OF SIMILAR CHARACTER;
1961.
(2) THOSE, WHICH BELONG TO THE STATE, WITHOUT BEING
11.1863 hectares are coconut lands and admittedly within the FOR PUBLIC USE, AND ARE INTENDED FOR SOME PUBLIC
disposable portion of the public domain. SERVICE OR FOR THE DEVELOPMENT OF THE NATIONAL
WEALTH.
CASE: Director of Lands vs. CA and Bisnar
The mentioned properties in Article 420 are parts of the
In 1976, Ibarra and Bisnar filed their joint application for the registration public domain and are intended for public use or public
of two parcels of land claiming that they inherited the same and that they service. These are outside the commerce of men and cannot be
had OCEN possession and occupation of the land for 80 years. The Director an subject of appropriation.
of Lands and the Director of Forestry opposed the application on the Property of public dominion, when no longer needed for public
ground that the subject lands are part of the timberland, hence a land of use or public service, shall form part of PATRIMONIAL
public domain. PROPERTY.

SC: Possession of forestlands, however long, cannot ripen into private ART. 421. ALL OTHER PROPERTY OF THE STATE, WHICH IS
ownership. It emphasized that a positive act of the government, NOT OF THE CHARACTER STATED IN THE PRECEDING
particularly the Executive Department, is needed to declassify land which ARTICLE, IS PATRIMONIAL PROPERTY.
is classified as forest; and to CONVERT IT INTO ALIENABLE OR
DISPOSABLE LAND FOR AGRICULTURAL OR OTHER PURPOSES before ART. 422. PROPERTY OF PUBLIC DOMINION, WHEN NO
registration of which may proceed. LONGER INTENDED FOR PUBLIC USE OR FOR PUBLIC SERVICE,
SHALL FORM PART OF THE PATRIMONIAL PROPERTY OF THE
Unless and until the land classified as forest is released in an official STATE.
proclamation to that effect so that it may form part of the disposable
agricultural lands of the public domain, the rules on confirmation of Property of public dominion, when no longer needed for
imperfect title do not apply. public use or public service, shall form part of the patrimonial
property of the State.
PUBLIC LANDS AND GOVERNMENT LAND, DISTINGUISHED Public lands become patrimonial property not only with a
declaration that these are alienable or disposable. THERE
Government Land includes public land and other lands of the MUST ALSO BE AN EXPRESS GOVERNMENT
government already reserved or devoted for public use or subject to MANIFESTATION THAT THE PROPERTY IS ALREADT
private right PATRIMONIAL OR NO LONGER RETAINED FOR PUBLIC
Public Land used to describe so much of the national domain as have not SERVICE OR THE DEVELOPMENT OF NATIONAL WEALTH.
been subjected to private right or devoted to public use. Patrimonial properties may be bought or sold or in any manner
utilized with the same effect as properties owned by private
CASE: Montano vs. Insular Government persons.
Private persons, through prescription, may acquire patrimonial
Isabelo Montano presented a petition to the Court of Land Registration for properties of the State.
the inscription of a piece of land in the barrio of Libis, municipality of
Caloocan, used as a fishery having a superficial area of 10,805 square ART. 423. THE PROPERTY OF PROVINCES, CITIES, AND
meters, and bounded as set out in the petition; its value according to the MUNICIPALITIES IS DIVIDED INTO PROPERTY FOR PUBLIC USE
last assessment being $505.05, United States currency. This petition was AND PATRIMONIAL PROPERTY.
opposed by the Solicitor-General in behalf of the Director of Lands, and by
the entity known asObras Pias de la Sagrada Mitra, the former on the ART. 424. PROPERTY FOR PUBLIC USE, IN THE PROVINCES,
ground that the land in question belonged to the Government of the United CITIES, AND MUNICIPALITIES, CONSIST OF THE PROVINCIAL
States, and the latter, that it was the absolute owner of all the dry land ROADS, CITY STREETS, MUNICIPAL STREETS, THE SQUARES,
along the eastern boundary of the said fishery. FOUNTAINS, PUBLIC WATERS, PROMENADES, AND PUBLIC
WORKS FOR PUBLIC SERVICE PAID FOR BY SAID PROVINCES,
SC: Accordingly, "GOVERNMENT LAND" AND "PUBLIC DOMAIN" ARE CITIES, OR MUNICIPALITIES.
NOT SYNONYMOUS ITEMS. The first includes not only the second, but
also other lands of the Government already reserved or devoted to public ALL OTHER PROPERTY POSSESSED BY ANY OF THEM IS
use or subject to private right. In other words, the Government owns real PATRIMONIAL AND SHALL BE GOVERNED BY THIS CODE,
estate which is part of the "public lands" and other real estate which is not WITHOUT PREJUDICE TO THE PROVISIONS OF SPECIAL LAWS.
part thereof.
ART. 425. PROPERTY OF PRIVATE OWNERSHIP, BESIDES THE
It is settled that the general legislation of Congress in respect to PATRIMONIAL PROPERTY OF THE STATE, PROVINCES, CITIES,
public lands does not extend to tide lands. It provided that the scrip AND MUNICIPALITIES, CONSISTS OF ALL PROPERTY
might be located on the unoccupied and unappropriated public lands. A BELONGING TO PRIVATE PERSONS, EITHER INDIVIDUALLY OR
marshland which is inundated by the rise of tides belong to the State and COLLECTIVELY.
is not susceptible to appropriation by occupation, has no application in the
present case inasmuch as in said case the land subject matter of the CASE: Laurel vs. Garcia (Important Case)
litigation was not yet titled.
These are two petitions for prohibition seeking to enjoin
CADASTRAL SURVEY OF MUNICIPALITY DOES NOT AUTOMATICALLY respondents, their representatives and agents from proceeding
CLASSIFY LANDS WITHIN THE CADASTRE AS A&D LANDS with the bidding for the sale of the 3,179 square meters of land
at 306 Ropponggi, 5-Chome Minato-ku, Tokyo, Japan scheduled
While a municipality has been cadastrally surveyed, it does not follow that on February 21, 1990.
all lands comprised therein are automatically released as alienable and
disposable land. The subject property in this case is one of the four (4)
A survey made in a cadastral proceeding MERELY IDENTIFIES EACH LOT properties in Japan acquired by the Philippine government
PREPARATORY TO A JUDICIAL PROCEEDING for adjudication of title to under the Reparations Agreement entered into with Japan
any of the lands upon claim of interested parties. on May 9, 1956, and is part of the indemnification to the
Where the subject property is still unclassified, whatever possession Filipino people for their losses in life and property and
applicants may have had, and, however long, cannot ripen into their suffering during World War II.
private ownership.
Indeed, until timber or forestland are released as disposable and alienable, As intended, the subject property became the site of the
the government, through the appropriate agencies, has no authority to Philippine Embassy until the latter was transferred to
lease, grant, sell, or otherwise dispose of these lands for utilization. Nampeidai on July 22, 1976. Due to the failure of our
government to provide necessary funds, the Roppongi
property has remained undeveloped since that time.

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A proposal was presented to President Corazon C. Aquino by Timber licenses, permits and license agreements are the
former Philippine Ambassador to Japan, Carlos J. Valdez, to principal instruments by which the State regulates the
make the property the subject of a lease agreement with a utilization and disposition of forest resources to the end that
Japanese firm where, at the end of the lease period, all the public welfare is promoted. THESE LICENSES ARE MERELY
three leased buildings shall be occupied and used by the PRIVILEGE GRANTED BY THE STATE TO QUALIFIED
Philippine government. On August 11, 1986, President Aquino ENTITIES AND DO NOT VEST IN THEM A PERMANENT OR
created a committee to study the disposition/utilization of IRREVOCABLE RIGHT TO THE PARTICULAR CONCESSION
Philippine government properties in Tokyo and Kobe. AREA AND THE FOREST PRODUCTS THEREIN.
The classification of land is descriptive of its legal nature, not
On July 25, 1987, the President issued Executive Order No. what it actually looks like. A forested area classified as
296 entitling non-Filipino citizens or entities to avail of forestland of the public domain does not lose such
reparations capital goods and services in the event of sale, lease classification simply because loggers or settlers may have
or disposition. The four properties in Japan including the stripped it of its forest covers.
Roppongi were specifically mentioned in the first Whereas In order to be forestry or mineral land, the proof must show
clause. that it is more valuable for the forestry or the mineral, which it
contains than it, is for agricultural purposes.
Amidst opposition by various sectors, the Executive branch of
the government has been pushing, with great vigor, its decision CASE: Republic vs. CA and Lastimado
to sell the reparations properties starting with the Roppongi lot.
The property has twice been set for bidding at a minimum floor If the allegation of petitioner that the land in question was
price at $225 million. inside the military reservation at the time it was claimed is true,
then, it cannot be the object of any cadastral nor can it be
SC: As property of public dominion, the Roppongi lot is the object of reopening under Republic Act No. 931.
outside the commerce of man. It cannot be alienated. Its Similarly, if the land in question indeed forms part of the public
ownership is a special collective ownership for general use and forest, then, possession thereof, however long, cannot convert it
enjoyment, an application to the satisfaction of collective needs, into private property as it is within the exclusive jurisdiction of
and resides in the social group. The purpose is not to serve the Bureau of Forestry and beyond the power and jurisdiction of
the State as a juridical person, but the citizens; it is the Cadastral Court to register under the Torrens System.
intended for the common and public welfare and cannot be
the object of appropriation. Even assuming that the government agencies can be faulted for
inaction and neglect (although the Solicitor General claims that
The Roppongi property is correctly classified under paragraph 2 it received no notice), yet, the same cannot operate to bar action
of Article 420 of the Civil Code as property belonging to the by the State as it cannot be estopped by the mistake or error of
State and intended for some public service. its officials or agents. Further, we cannot lose sight of the
cardinal consideration that "the State as persona in law is the
THE FACT THAT THE ROPPONGI SITE HAS NOT BEEN USED juridical entity, which is the source of any asserted right to
FOR A LONG TIME FOR ACTUAL EMBASSY SERVICE DOES ownership in land" under basic Constitutional Precepts, and
NOT AUTOMATICALLY CONVERT IT TO PATRIMONIAL that it is moreover charged with the conservation of such
PROPERTY. Any such conversion happens only if the property patrimony.
is withdrawn from public use. A property continues to be part of
the public domain, not available for private appropriation or WATERSHEDS
ownership until there is a formal declaration on the part of the
government to withdraw it from being such. Watershed is a land area drained by a stream or fixed body of
water and its tributaries having a common outline for surface
A mere transfer of the Philippine Embassy to Nampeidai in 1976 runoff.
is not relinquishment of the Roppongi propertys original Watershed Reservation is a forestland reservation established
purpose. to protect or improved the conditions of the water yield thereof
or reduce sedimentation.
EXECUTIVE ORDER NO. 296, THOUGH ITS TITLE DECLARES AN As a matter of general policy, the Constitution expressly
AUTHORITY TO SELL, DOES NOT HAVE A PROVISION IN THIS mandates that conservation and proper utilization of
TEXT EXPRESSLY AUTHORIZING THE SALE OF THE FOUR natural resources, which includes the countrys watershed,
PROPERTIES PROCURED FROM JAPAN FOR THE GOVERNMENT be not subject to registration.
SECTOR. It merely intends to make the properties available to
foreigners and not to Filipinos alone in case of a sale, lease or CASE: Tan vs. Director of Forestry
other disposition.
Doctrine: A timber license is not a contract, within the purview
ALIENABLE AND DISPOSABLE LANDS HELD BY GOVERNMENT of the due process clause; it is only a license of privilege, which
ENTITIES UNDER SECTION 60, CA NO. 141 CANNOT BE ALIENATED can be validly withdrawn whenever dictated by public interest
WITHOUT APPROVAL OF CONGRESS or public welfare.

The registration of lands of the public domain under the Torrens system, MANGROVE SWAMPS
by itself, cannot convert public lands into private lands.
Jurisprudence holding that upon the grant of the patent or issuance of the Mangrove is a term applied to the type of forest occurring on
certificate of title the alienable land of the public domain automatically tidal flat along the seacoast, extending along streams where the
becomes private land CANNOT APPLY TO GOVERNMENT UNITS AND water is brackish.
ENTITIES. Mangrove swamps are mud flats, alternately washed and
The grant of legislative authority to sell public lands in accordance with exposed by the tide, in which grows various kindred plants
Sec 60 of CA No, 141 does not automatically convert alienable lands of the which will not live except when watered by the sea, extending
public domain into private or patrimonial lands. their roots deep into the mud and casting their seeds, which also
The alienable lands must be transferred to qualified private parties, or to germinates there.
government entities not tasked to dispose public lands, before these lands Mangrove swamps are FORESTAL and NOT ALIENABLE
can become private or patrimonial lands. AGRICULTURAL LAND.
Private lands taken by the government for public use under its own
power of eminent domain become unquestionably part of the public CASE: Director of Forestry vs. Villareal
domain.
Nevertheless, Section 85 of PD No. 1529 authorizes the Register of Deeds The private respondent invokes the survey plan of the
to issue IN THE NAME OF THE NATIONAL GOVERNMENT new mangrove swamps approved by the Director of Lands, 16 to
certificates of title covering such expropriated lands. prove that the land is registerable. It should be plain, however,
that the mere existence of such a plan would not have the effect
FOREST LANDS of converting the mangrove swamps, as forest land, into
agricultural land. Such approval is ineffectual because it is
Large track of land covered with a natural growth of trees and clearly in officious. The Director of Lands was not
underbrush; a large wood. authorized to act in the premises. Under the aforecited law, it
Private persons cannot own forestlands. Such lands are not registrable is the Director of Forestry who has the authority to determine
and possession thereof, no matter how long, cannot convert the same whether forest land is more valuable for agricultural rather than
into private property, UNLESS such lands are reclassified and forestry uses, as a basis for its declaration as agricultural land
considered disposable and alienable. and release for private ownership.
It is important to preserve the forests for they constitute a vital segment
of any countrys natural resources. Without trees, watersheds will dry up; It is elementary in the law governing natural resources that
rivers and lakes, which they supply, are emptied of their contents. The fish forest land cannot be owned by private persons. It is not
disappear (Director of Forestry vs. Munoz) registerable. The adverse possession, which can be the basis of a

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grant of title in confirmation of imperfect title cases, cannot Public Land Act (Act. No. 2874)
commence until after the forestland has been declared alienable November 29, 1919
and disposable. Possession of forestland, no matter bow long Section 6 authorized the GOVERNOR GENERAL to
cannot convert it into private property. CLASSIFY LANDS OF PUBLIC DOMAIN to alienable
and disposable lands
MINERAL LANDS Section 7 is to DECLARE if such lands are OPEN TO
DISPOSITION
Mineral land means any area where mineral resources are found. Mineral Section 8 LIMITED alienable and disposable lands only
resources, on the other hand, mean any concentration of minerals or rocks to those lands which have been officially delimited or
with potential economic value. classified
Philippine Mining Act of 1995, Sec. 4 Ownership of Mineral Resources Empowered the Governor General to CLASSIFY
Mineral resources are owned by the State and the exploration, development, FURTHER such disposable lands to:
utilization, and processing thereof shall be under its full control and o Government reclaimed
supervision. The State may directly undertake such activities or it may enter o Foreshore or marshy lands
into mineral agreements with contractors. The State shall recognize and o Non-agricultural lands
protect the rights of the indigenous cultural communities to their ancestral The Governor General, before allowing the lease of
lands as provided for by the Constitution. lands to private parties MUST FORMALLY DECLARE
Possession of mineral land, no matter how long, does not confer THAT THE LANDS WERE NOT NECESSARY FOR
possessory rights. THUS, A CERTIFICATE OF TITLE IS VOID WHEN IT PUBLIC SERVICE
COVERS PROPERTY OF PUBLIC DOMAIN CLASSIFIED AS MINERAL
LANDS. Any title issued over non-disposable lots, even in the hands of Public Land Act (CA No. 141)
alleged innocent purchaser for value, shall be cancelled. November 7, 1936
The right to possess or own the surface ground is separate and Before the government could alienate or dispose
distinct from the mineral rights over the same land. Thus, if a person is lands of public domain, the following must be done
the owner of an agricultural land in which minerals are discovered, his by the president:
ownership of such land does not give him the right to extract or utilize the o Empowers the PRESIDENT to classify lands of
said minerals without the permission of the State to which such minerals public domain into ALIENABLE and
belong. DISPOSABLE lands
The land must be either completely mineral or completely agricultural. o Authorizes the President to DECLARE what lands
are open to disposition or concession
CASE: Atok-Big Wedge Mining Co. vs. Court of Appeals The government could sell to PRIVATE PARTIES only
those lands for non-agricultural purposes not classified
The perfection of a mining claim BEFORE THE 1935 CONSTITUTION had as government reclaimed, foreshore, and marshy,
the effect of removing the land from public domain. The perfection of a disposable lands of public domain.
mining claim CONVERTED THE PROPERTY TO A MINERAL LAND and QUALIFIED INDIVIDUALS UNDER THE 1935
under the laws then in force REMOVED IT FROM THE PUBLIC DOMAIN. CONSTITUTION MAY LEASE FORESHORE LANDS.
Section 60 of CA 141 expressly requires Congressional
By such act, the locators acquired exclusive rights over the land, against Authority before lads under Section 59 could be sold to
even the government, without need of any further act as the purchase of private parties.
the land or the obtention of a patent over it. As the land had become the Reclamation can only be done by the National
private property of the locators, they had the right to transfer the same. Government.

NATIONAL PARKS LAKES, NAVIGABLE RIVERS, CREEKS,

National parks are inalienable because it belongs to the four categories of Lakes, navigable rivers, and creeks cannot be appropriated and
lands of the public domain. registered under the Torrens system. All of the abovementioned
Land reserved for national park CANNOT BE REGISTERED. form part of the public domain.
Accordingly, it has been held that where a certificate of title covers a
portion of land within the area reserved for park purposes, the titles RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES
should be annulled with respect to said portion.
CA No. 141, Sec. 83.
MILITARY AND NAVAL RESERVATION
Upon the recommendation of the Secretary of Agriculture and
Land inside a military or naval reservation cannot be the object of Natural Resources, the President may designate by proclamation
registration. any tract or tracts of land of the public domain as reservations for
To segregate portions of the public domain as a military reservation, all the use of the Republic of the Philippines or of any of its branches,
that is needed is a Presidential Proclamation to that effect. A court or of the inhabitants thereof, in accordance with relations
judgment is not necessary to make the proclamation effective or valid. described for this purpose, or for quasi-public uses or purposes
when the public interest requires it, including reservations for
FORESHORE LANDS AND RECLAIMED LANDS highways, rights of way for railroads, hydraulic power sites,
irrigation systems, communal pastures or leguas communales,
Foreshore land is that strip of land that lies between the high and low public parks, public quarries, public fishponds, workingmen's
water marks and that it alternately wet and dry according to the flow of village and other improvements for the public benefit.
the tide.
Foreshore areas are that COVERED AND UNCOVERED by the ebb and The President may release the land from the reservation at any
flow of the tide. time, and hence, may be considered as alienable and disposable
Submerged areas are that PERMANENTLY UNDER WATER regardless of land of public domain.

the ebb and flow of the tide.

Foreshore lands are lands of public dominion intended for public use.
--- END OF PART III ---


DEVELOPMENT OF LAW GOVERNING FORESHORE/ RECLAIMED

LANDS



Spanish Law of Waters

1866

Shores, bays, coves, inlets, and all waters within the maritime

zone of the Spanish territory belonged to the public domain for

public use

Allows reclamation; to be owned by the party who constructed

such works provided it is done with government permission



Act No. 1654

May 8, 1907

Provided for the LEASE, BUT NOT SALE, of reclaimed lands of

the government to corporation or private individuals

Private parties can lease reclaimed lands only if those lands

were no longer needed for public purpose

This act MANDATED PUBLIC BIDDING in the lease of

reclaimed lands

Did not repeal Section 5 of Spanish Law of Waters

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IV. JUDICIAL CONFIRMATION OF IMPERFECT TITLE REQUISITES FOR AVAILMENT OF JUDICIAL CONFIRMATION
OF IMPERFECT OR INCOMPLETE TITLES
APPLICABLE PROVISIONS AND AMENDMENTS
That the applicant is a Filipino citizen
Section 47 and 48 of the Public Land Act He must have by himself, or through his predecessors in
interest, possessed and occupied an alienable and disposable
November 7, 1936 agricultural portion of the public domain
Section 48. The following-described citizens of the Philippines, Such possession and occupation must have been open,
occupying lands of the public domain or claiming to own any continuous, exclusive, and notorious, and in the concept of an
such lands or an interest therein, but whose titles have not been owner, since June 12, 1945
perfected or completed, may apply to the Court of First Instance The application must be filed with the proper court.
of the province where the land is located for confirmation of
their claims and the issuance of a certificate of title therefor, COMPLIANCE WITH ALL THE REQUIREMENTS OF SEC 48B OF
under the Land Registration Act , to wit: CA 141

o (b) Those who by themselves or through their The possessor is deemed to have acquired, by operation of
predecessors in interest have been in open, law, a right to a grant, without the necessity of a certificate of
continuous, exclusive, and notorious possession and title being issued.
occupation of AGRICULTURAL LANDS OF THE The land, therefore, ceases to be of the public domain, and
PUBLIC DOMAIN, under a bona fide claim of beyond the authority of the Director to dispose of.
acquisition or ownership, EXCEPT AS AGAINST THE The application for confirmation is mere formality, the lack of
GOVERNMENT, SINCE JULY 26TH, 1894, except which does not affect the legal sufficiency of the title as would
when prevented by war or force majeure. These shall be evidenced by the patent and the Torrens title to be issued
be conclusively presumed to have performed all the upon the strength of said patent.
conditions essential to a Government grant and shall
be entitled to a certificate of title under the CASE: Oh Cho vs. Director of Lands
provisions of this chapter.
Oh Cho is appealing from the rejection of his application
Republic Act No. 1942 based on disqualification as alien (Chinese) from acquiring
lands of the public domain. He had open, continuous,
June 22, 1957 exclusive and notorious possession of the lot from 1880 to
Sec 48 (b): Those who by themselves or through their filing of the application for registration on January 17, 1940
predecessors in interest have been in open, continuous,
exclusive, and notorious possession and occupation of This is an exception to the rule that all lands that were not
AGRICULTURAL LANDS OF THE PUBLIC DOMAIN, under a acquired from the government, either by purchase or grant,
bona fide claim of acquisition or ownership, FOR AT LEAST 30 belong to the public domain.
YEARS IMMEDIATELY PRECEDING THE FILING OF THE
APPLICATION FOR THE CONFIRMATION OF TITLE, except That exception would be any land that should have been in
when prevented by war or force majeure. These shall be the possession of an occupant and of his predecessors-in-
conclusively presumed to have performed all the conditions interest SINCE TIME IMMEMORIAL, for such possession
essential to a Government grant and shall be entitled to a would justify the presumption that the land had never been
certificate of title under the provisions of this chapter. part of the public domain or that it had been a private
property even before the Spanish Conquest.
Republic Act No. 3872
However, his immediate possessor failed to comply with
June 18, 1964 the condition precedent to apply for the registration of
Members of the national cultural minorities who by themselves the land of which they had been in possession at least
through their predecessors-in-interest have been in open, since July 26, 1894 so what was transferred to Oh Cho is
continuous, exclusive and notorious possession and occupation merely possessory right which cannot ripen to ownership
of lands of the public domain suitable to agriculture, whether by prescription (aliens disqualified to own by
disposable or not, under a bona fide claim of ownership FOR AT prescription).
LEAST 30 YEARS, shall be entitled to the rights granted in
subsection (b) hereof.
LAND ACQUISITION BY PRIVATE COMPANIES
Presidential Decree No. 1073
Article XII, Section 3, 1987 Constitution
January 25, 1977
(b) Those who by themselves or through their predecessors-in- Lands of the public domain are classified into agricultural,
interest have been in open, continuous, exclusive, and notorious forest or timber, mineral lands and national parks. Agricultural
possession and, occupation of ALIENABLE AND DISPOSABLE lands of the public domain may be further classified by law
LANDS of the public domain, under a bona fide claim of according to the uses to which they may be devoted. Alienable
acquisition or ownership, SINCE JUNE 12, 1945, lands of the public domain shall be limited to agricultural lands.
IMMEDIATELY PRECEDING THE FILING OF THE PRIVATE CORPORATIONS OR ASSOCIATIONS MAY NOT
APPLICATION FOR CONFIRMATION OF TITLE, except when HOLD SUCH ALIENABLE LANDS OF THE PUBLIC DOMAIN
prevented by war or force majeure. Those shall be conclusively EXCEPT BY LEASE, FOR A PERIOD NOT EXCEEDING
presumed to have performed all the conditions essential to a TWENTY-FIVE YEARS, RENEWABLE FOR NOT MORE THAN
government grant and shall be entitled to a certificate of title TWENTY-FIVE YEARS, AND NOT TO EXCEED ONE
under the provisions of this chapter. THOUSAND HECTARES IN AREA. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not
(c) Members of the national cultural minorities who by more than twelve hectares thereof, by purchase, homestead, or
themselves or through their predecessors-in-interest have been grant.
in open, continuous, exclusive and notorious possession and
occupation of lands of the public domain suitable to agriculture, Taking into account the requirements of conservation, ecology,
whether disposable or not, UNDER A BONA FIDE CLAIM OF and development, and subject to the requirements of agrarian
OWNERSHIP SINCE JUNE 12, 1945, shall be entitled to the reform, the Congress shall determine, by law, the size of lands of
rights granted in subsection (b) hereof. the public domain which may be acquired, developed, held, or
leased and the conditions therefor.
Republic Act No. 9176
CASE: Director of Lands vs. IAC and Acme Plywood
November 13, 1922
Amended Section 45 of the CA No. 141 SC: Acme, though a private corporation, was qualified to
apply for the judicial confirmation of its title under
The time to be fixed in the entire Archipelago for the Section 48(b) of the Public Land Act since the property at
filing of applications under this Chapter shall not extend beyond the time it was purchased by it from the Infiels on
31 December 2020: Provided, that the period shall apply only October 29, 1962 was already a PRIVATE LAND to which
when the area applied for does not exceed twelve (12) they had a legally sufficient and transferrable title.
hectares.

Before, the area that can be subject of judicial confirmation of
title is 144 hectares

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V. REGISTRATION UNDER THE PROPERTY REGISTRATION DECREE UNINTERRUPTED. ACTS OF A POSSESSORY CHARACTER DONE
BY VIRTUE OF A LICENSE OR MERE TOLERANCE ON THE PART
WHO MAY APPLY OF THE REAL OWNER ARE NOT SUFFICIENT.

Section 14, PD No. 1529: v ACCRETION AND ACCESSION

The following persons may file in the proper Court of First Instance an The requirement that the deposit should be due to the effects of
application for registration of title to land, whether personally or through the current of the river is INDISPENSABLE.
their duly authorized representatives: Alluvion must be the EXCLUSIVE WORK OF NATURE. There
must be evidence to prove that the addition to the property was
(1) Those who by themselves or through their predecessors-in- made gradually through the effects of the current of the river.
interest have been in open, continuous, exclusive and notorious A riparian owner then does not acquire the additions to his land
possession and occupation of alienable and disposable lands of the cause by special works expressly intended or designed to bring
public domain under a bona fide claim of ownership since June 12, about accretion.
1945, or earlier. Private persons cannot, by themselves, reclaim land from water
bodies belonging to the State without proper permission from
(2) Those who have acquired ownership of private lands by government authorities.
prescription under the provision of existing laws.
v ACCRETION DOES NOT AUTOMATICALLY
(3) Those who have acquired ownership of private lands or BECOME REGISTERED LAND. THIS IS AKIN TO
abandoned river beds by right of accession or accretion under the THE PRINCIPLE THAT AN UNREGISTERED LAND
existing laws. PURCHASED BY THE REGISTERED OWNER OF
THE ADJOINING LAND DOES NOT, BY
(4) Those who have acquired ownership of land in any other manner EXTENSION, BECOME IPSO FACTO REGISTERED
provided for by law. LAND.
v WHERE ALLUVIAL INCREMENT IS NOT
Where the land is owned in common, all the co-owners shall file the REGISTERED, IT MAY BE ACQUIRED BY THIRD
application jointly. PERSONS THROUGH PRESCRIPTION.
v IF ALLUVIAL PROPERTY IS NOT REGISTERED,
Where the land has been sold under pacto de retro, the vendor a retro may THE INCREMENT NEVER BECAME REGISTERED
file an application for the original registration of the land, provided, PROPERTY, HENCE, NOT SUBJECT TO THE
however, that should the period for redemption expire during the PROTECTION OF IMPRESCRIPTIBILITY OF
pendency of the registration proceedings and ownership to the property REGISTERED PROPERTY UNDER THE TORRENS
consolidated in the vendee a retro, the latter shall be substituted for the SYSTEM.
applicant and may continue the proceedings.
ACQUISITION OF OWNERSHIP IN ANY MANNER PROVIDED BY
A trustee on behalf of his principal may apply for original registration of LAW
any land held in trust by him, unless prohibited by the instrument creating
the trust. This is done through grants of the State by virtue of a
Presidential Proclamation, Congressional grant, or any manner
REQUISITES FOR REGISTRATION UNDER 14(1) provided by law.

That the land applied for is an agricultural public land classified as CASE: International Hardwood and Veneer Co. vs. UP
ALIENABLE AND DISPOSABLE LAND AT THAT TIME
The application for registration is filed with the PROPER COURT --- END OF PART V ---
That the applicant, by himself or through his predecessors-in-interest, has
been in OCEN possession and occupation thereof, under a bonafide
claim of ownership
That such possession and occupation has been EFFECTED SINCE JUNE 12,
1945 OR EARLIER

v NOTE: THE LAW DOES NOT REQUIRE THAT THE LAND SUBJECT
OF REGISTRATION SHOULD HAVE BEEN ALIENABLE AND
DISPOSABLE DURING THE ENTIRE PERIOD OF POSSESSION, OR
SINCE JUNE 12, 1945. IT IS SUFFICIENT THAT THE LAND IS
ALREADY DECLARED AS ALIENABLE AND DISPOSABLE LAND AT
THE TIME OF APPLICATION FOR REGISTRATION IS FILED SO AS
TO ENTITLE THE POSSESSOR TO REGISTRATION.

SECTION 14(2) AUTHORIZES ACQUISITION OF OWNERSHIP BY
PRESCRIPTION

Section 14(2) allows qualified individuals to apply for the registration of
property, ownership of which he has acquired by prescription under
existing laws.
On the other hand, among the public domain lands that are not susceptible
to acquisitive prescription are TIMBER AND MINERAL LANDS.
The Constitution itself proscribes private ownership of timber and mineral
lands.
The prescriptive period for acquisition of property applies to patrimonial
properties of the State, or those which have been declared as no longer
intended for public use or public service

TWO KINDS OF PRESCRIPTION BY WHICH A PATRIMONIAL
PROPERTY MAY BE ACQUIRED

1. ORDINARY ACQUISITIVE PRESCRIPTION a person acquires
ownership of a patrimonial property through possession for at least
10 years, in good faith, and with just title

2. EXTRAORDINARY ACQUISITIVE PRESCRIPTION a persons
UNINTERRUPTED possession of patrimonial property for at least 30
years, regardless of good faith or just title, ripens into private
ownership.

v BY PRESCRIPTION, ONE ACQUIRES OWNERSHIP AND OTHER
REAL RIGHTS THROUGH THE LAPSE OF TIME IN THE MANNER
AND UNDER THE ACTION LAID DOWN BY LAW.

v TO CONSOLIDATE PRESCRIPTION, THE POSSESSION MUST
THAT OF OWNER, AND IT MUST BE PUBLIC, PEACEFUL AND

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VI. REGISTRATION UNDER THE INDIGENOUS PEOPLES RIGHTS ACT indigenous religions and culture, became historically different
from the majority of Filipinos.
v RA No. 8371
v Indigenous Peoples Right Act of 1997 NATIVE TITLE
v October 29, 1997
v The law allows indigenous peoples to obtain recognition of It refers to pre-conquest rights to lands and domains which, as
their right of ownership over ancestral lands and ancestral far back as memory reaches, have been held under a claim of
domains by virtue of NATIVE TITLE. private ownership by ICCs/IPs, have never been public lands
and are thus indisputably presumed to have been held that way
CONSTITUTIONAL PROVISIONS since before the Spanish conquest.

Section 5, Article XII, 1987 Constitution ANCESTRAL DOMAINS AND LANDS ARE NOT PART OF PUBLIC
DOMAIN
The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of Under the IPRA, ancestral domains and land are not deemed
indigenous cultural communities to their ancestral lands to ensure part of the lands of the public domain but are PRIVATE LANDS
their economic, social, and cultural well-being. belonging to ICCs/IPs who have actually occupied, possessed,
and utilized their territories under a claim of ownership since
The Congress may provide for the applicability of customary laws time immemorial.
governing property rights or relations in determining the ownership
and extent of ancestral domain. ICCs/IPss RIGHTS OVER ANCESTRAL DOMAINS ARE
RECOGNIZED THOUGH CADTs
IPRA DOES NOT VIOLATE THE REGALIAN DOCTRINE
The Certificate of Ancestral Domain Title is evidence of private
Case: Cruz vs. Secretary of Environment and Natural Resources ownership of land by native title.
Under the IPRA, ancestral lands and ancestral domains are not The IPRA categorically declares ancestral lands and
deemed part of the lands of the public domain BUT ARE PRIVATE domains held by native title as NEVER TO HAVE BEEN
LANDS BELONGING TO ICCs/IPs who have actually OCCUPIED, PUBLIC LAND.
POSSESSED, and UTILIZED THEIR TERRITORIES UNDER A Domains and lands held under native title are, therefore,
CLAIM OF OWNERSHIP, SINCE TIME IMMEMORIAL. indisputably presumed to have never been public land and are
private.
The Court thus laid down the principle of a certain title held: CADT is merely a formal recognition of the rights of ICCs/IPs
o As far back as testimony or memory went rights of possession and ownership over their ancestral domain
o Under a claim of private ownership as presumed to never identified and delineated in accordance with the IPRA.
have been public land
RIGHTS OF ICCs/IPs WITH RESPECT TO NATURAL RESOURCES
ANCESTRAL DOMAINS
The ICCs/IPs have priority rights in the harvesting, extraction,
Refer to all areas generally belonging to [Indigenous Cultural development, or exploitation of any natural resources within
Communities] ICCs/IPs COMPRISING LANDS, INLAND the ancestral domains.
WATERS, COASTAL AREAS, AND NATURAL RESOURCES A non-member of the ICCs/IPs concerned may be allowed to
THEREIN, HELD UNDER A CLAIM OF OWNERSHIP, take part in the development and utilization of the natural
OCCUPIED OR POSSESSED BY ICCS/IPS, BY THEMSELVES OR resources for a period of NOT EXCEEDING 25 YEARS,
THROUGH THEIR ANCESTORS, COMMUNALLY OR RENEWABLE for not more than 25 years
INDIVIDUALLY SINCE TIME IMMEMORIAL, CONTINUOUSLY
TO THE PRESENT except when interrupted by war, force HOW ARE ANCESTRAL LANDS CLASSIFIED UNDER IPRA?
majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary For purposes of registration, the individually-owned ancestral
dealings entered into by government and private lands are classified as alienable and disposable land of the
individuals/corporations, and which are necessary to ensure public domain, provided, they are agricultural in character and
their economic, social and cultural welfare. are actually used for agricultural, residential, pasture, and tree
It shall include ancestral lands, forests, pasture, residential, farming purposes.
agricultural and other lands individually owned whether These lands shall be classified as public and agricultural lands
alienable and disposable or otherwise, hunting grounds, burial regardless of whether they have a slope of 18% or more.
grounds, worship areas, bodies of water, mineral and other
natural resources, and lands which may no longer be RIGHTS TO ANCESTRAL LANDS
exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional SEC. 8. Rights to Ancestral Lands. The right of ownership and
activities, particularly the home ranges of ICCs/IPs who are still possession of the ICCs /IPs to their ancestral lands shall be
nomadic and/or shifting cultivators.1 recognized and protected.
The laws concept of ancestral domains, therefore, transcends
physical and residential territories to include areas of spiritual, a) Right to transfer land/property. Such right shall include the
cultural and traditional practices. right to transfer land or property rights TO/AMONG MEMBERS
OF THE SAME ICCS/IPS, subject to customary laws and traditions
ANCESTRAL LANDS of the community concerned.

Ancestral lands, which are part of ancestral domains, are b) Right to Redemption. In cases where it is shown that the
defined in the same Act as lands OCCUPIED, POSSESSED AND transfer of land/property rights by virtue of any agreement or
UTILIZED BY INDIVIDUALS, FAMILIES AND CLANS WHO ARE devise, to a nonmember of the concerned ICCs/IPs is tainted by
MEMBERS OF THE ICCS/IPS SINCE TIME IMMEMORIAL, by the vitiated consent of the ICCs/IPs, or is transferred for an
themselves or through their predecessors-in-interest, under unconscionable consideration or price, the transferor ICC/IP shall
claims of individual or traditional group ownership, have the right to redeem the same within a period not exceeding
continuously, to the present except when interrupted by war, fifteen (15) years from the date of transfer.
force majeure or displacement by force, deceit, stealth or as a
consequence of government projects and other voluntary v National Commission on Indigenous Peoples (NCIP)
dealings entered into by government and private - refers to the office created under his Act, which shall
individuals/corporations, including, but not limited to, be under the Office of the President, and which shall be
residential lots, rice terraces or paddies, private forests, the primary government agency responsible for the
swidden farms and tree lots. formulation and implementation of policies, plans and
programs to recognize, protect and promote the rights
ICCs/ IPs of ICCs/IP
v Ancestral Domains Office (ADO) - The Ancestral
It refers to that group of peoples or homogenous societies who Domain Office shall be responsible for the
have continuously lived as organized community on identification, delineation and recognition of ancestral
communally bounded and defined territory, and who have, lands/domains. It shall also be responsible for the
under claims of ownership since time immemorial, management of ancestral lands/domains in accordance
occupied, possessed, and utilized such territories, sharing with a master plan as well as the implementation of the
common bonds of language, customs, traditions, and other ancestral domain rights of the ICCs/IPs as provided in
distinctive cultural traits, or who have, through resistance to Chapter III of this Act. It shall also issue, upon the free
political, social, and cultural inroads of colonization, non- and prior informed consent of the ICCs/IPs concerned,
certification prior to the grant of any license, lease or

12
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permit for the exploitation of natural resources among ICCs/IPs on the boundaries of ancestral domain claims, the
affecting the interests of ICCs/IPs or their ancestral Ancestral Domains Office shall cause the contending parties to
domains and to assist the ICCs/IPs in protecting the meet and assist them in coming up with a preliminary resolution
territorial integrity of all ancestral domains. It shall of the conflict, without prejudice to its full adjudication according
likewise perform such other functions as the to the section below.
Commission may deem appropriate and necessary.
i) Turnover of Areas Within Ancestral Domains Managed by Other
DELINEATION PROCESS Government Agencies. The Chairperson of the NCIP shall certify
Blat the area covered is an ancestral domain. The secretaries of
SEC. 52. Delineation Process. The identification and delineation of the Department of Agrarian Reform, Department of Environment
ancestral domains shall be done in accordance with the following and Natural Resources, Department of the Interior and Local
procedures: Government, and Department of Justice, the Commissioner of the
National Development Corporation, and any other government
a) Ancestral Domains Delineated Prior to this Act. The provisions agency claiming jurisdiction over the area shall be notified
hereunder shall not apply to ancestral domains/lands already delineated Thereof. Such notification shall terminate any legal basis for the
according to DENR Administrative Order No. 2, series of 1993, nor to jurisdiction previously claimed;
ancestral lands and domains delineated under any other community/
ancestral domain program prior to the enactment of this law. ICCs/IPs j) Issuance of CADT. ICCs/IPs whose ancestral domains have been
whose ancestral lands/domains were officially delineated prior to the officially delineated and determined by the NCIP shall be issued a
enactment of this law shall have the right to apply for the issuance of a CADT in the name of the community concerned, containing a list
Certificate of Ancestral Domain Title (CADT) over the area without going of all dose identified in the census; and
through the process outlined hereunder;
k) Registration of CADTs. The NCIP shall register issued
b) Petition for Delineation. The process of delineating a specific perimeter certificates of ancestral domain titles and certificates of ancestral
may be initiated by the NCIP with the consent of the ICC/IP concerned, or lands tides before She Register of Deeds in the place where the
through a Petition for Delineation filed with the NCIP, by a majority of the property is situated.
members of the ICCs/IPs;

c) Delineation Proper. The official delineation of ancestral domain
boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of the
application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times include
genuine involvement and participation by the members of the
communities concerned;

d) Proof Required. Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other documents
directly or indirectly attesting to the possession or occupation of the area
since time immemorial by such ICCs/IPs in the concept of owners which
shall be any one ( I ) of the following authentic documents:

1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and institution;
3) Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;
4) Historical accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/lPs;
5) Survey plans and sketch maps;
6) Anthropological data;
7) Genealogical surveys;
8) Pictures and descriptive histories of traditional communal forests and
hunting grounds;
9) Pictures and descriptive histories of traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; and
10) Writeups of names and places derived from the native dialect of the
community.

e) Preparation of Maps. On the basis of such investigation and the findings
of fact based thereon, the Ancestral Domains Office shall prepare a
perimeter map, complete with technical descriptions, and a description of
the natural features and landmarks embraced therein;

f) Report of Investigation and Other Documents. A complete copy of the
preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;

g) Notice and Publication. A copy of each document, including a
translation in the native language of the ICCs/IPs concerned shall be
posted in a prominent place therein for at least fifteen ( 15) days. A copy of
the document 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 two (2) consecutive weeks to allow other
claimants to file opposition thereto within fifteen (15) days from date of
such publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided, further,
That mere posting shall be deemed sufficient if both newspaper and radio
station are not available;

h)Endorsement to NCIP. Within fifteen (15) days from
publication, and of the inspection process, the Ancestral Domains
Office shall prepare a report to the NCIP endorsing a favorable
action upon a claim that is deemed to have sufficient proof.
However, if the proof is deemed insufficient, the Ancestral
Domains Office shall require the submission of additional
evidence: Provided, That the Ancestral Domains Office shall reject
any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of
rejection, the Ancestral Domains Office shall give the applicant
due notice, copy furnished all concerned, containing the grounds
for denial. The denial shall be appealable to the NCIP: Provided,
furthermore, That in cases where there are conflicting claims

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 14 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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LAND TITLES AND DEEDS APPOINTING AN AGENT OR REPRESENTATIVE

FINALS 2014 2015 RESIDING IN THE PHILIPPINES,
giving his FULL NAME AND POSTAL ADDRESS,
I. PROPERTY REGISTRATION DECREE (PD 1529) and
shall therein agree that the service of any legal
1. FORMS AND CONTENT (Section 15) process in the proceedings under or growing out of the
application made upon his agent or representative shall be of
The application for land registration shall be IN WRITING, the same legal effect as if made upon the applicant within
SIGNED by the applicant or the person duly authorized in his the Philippines.
behalf If the agent or representative dies, or leaves the
and SWORN TO BEFORE ANY OFFICER AUTHORIZED TO Philippines, the applicant shall forthwith make another
ADMINISTER OATHS for the province or city where the appointment for the substitute, and, if he fails to do so the
application was actually signed. court may dismiss the application.
If there is MORE THAN ONE APPLICANT, the application
shall be signed and sworn to by and in behalf of each. 3. WHAT AND WHERE TO FILE (Section 17)
The application shall CONTAIN A DESCRIPTION OF THE
LAND and The application for land registration SHALL BE FILED
shall state the CITIZENSHIP and CIVIL STATUS OF THE WITH THE COURT OF FIRST INSTANCE OF THE
APPLICANT, whether single or married, and, PROVINCE OR CITY WHERE THE LAND IS SITUATED.
if married, THE NAME OF THE WIFE OR HUSBAND, and, The applicant shall file together with the application all
if the marriage has been legally dissolved, WHEN AND HOW original muniments of titles or copies thereof and a
THE MARRIAGE RELATION TERMINATED. survey plan of the land approved by the Bureau of
It shall also state the FULL NAMES AND ADDRESSES OF ALL Lands.
OCCUPANTS OF THE LAND AND THOSE OF THE ADJOINING The clerk of court SHALL NOT ACCEPT any application
OWNERS, if known, and, unless it is shown that the applicant has furnished the
if not known, it shall state the EXTENT OF THE SEARCH Director of Lands with a copy of the application and all
MADE to find them. annexes.

REQUISITES IN ORDINARY LAND PROCEEDINGS The RTC shall have exclusive original jurisdiction over
(13 STEPS) all applications for ORIGINAL REGISTRATION OF
(SFS TPS FH PIES T) TITLE TO LANDS, including improvements and
interests therein, and over all petitions filed after
1. Survey of the land by the Bureau of Lands of a duly licensed original registration of title, WITH POWER TO HEAR
private surveyor AND DETERMINE ALL QUESTIONS ARISING UPON
2. Filing of application for registration by the applicant SUCH APPLICATIONS OR PETITIONS
3. Setting of date for the INITIAL HEARING of the application As per BP Blg. 129, MTC has jurisdiction over:
by the Court o Where the lot is not subject of any
4. Transmittal of the application and the date of initial hearing controversy or opposition
together with all the documents and other evidences attached o Where the lot is contested but the
thereto by the Clerk of Court to the Land Registration value thereof does not exceed
Authority P100,000
5. Publication of the notice of the filing of the application and
date and place of the hearing in the Official Gazette and in a 4. APPLICATION COVERING TWO PARCELS OF
newspaper of general circulation LAND (Section 18)
6. Service by MAILING OF NOTICE upon contiguous owners,
occupants, and those known to have interest in the property An application may include two or more parcels of land
AND POSTING by the sheriff of the notice in a conspicuous belonging to the applicant/s provided they are
place on the land and in the bulletin board of the municipal situated within the same province or city. The court
building where the land is situated may at any time order an application to be amended by
7. Filing of answer to the application by any person whether striking out one or more of the parcels or by a severance
named in the notice or not of the application.
8. Hearing of the case by the Court
9. Promulgation of judgment by the Court 5. AMENDMENTS (Section 19)
10. Issuance of an ORDER FOR THE ISSUANCE of a decree
declaring the decision final and instructing the LRA to issue The court MAY ALLOW amendments to the application
the decree of confirmation and registration including joinder, substitution, or discontinuance as
11. Entry of the decree of registration in the LRA to parties at any stage of the proceedings upon just and
12. Sending of copy of the decree of registration to the reasonable terms.
corresponding Register of Deeds Amendments, which shall consist in a substantial
13. Transcription of the decree of registration in the change in the boundaries or an increase in area of the
registration book and the issuance of the owners duplicate land, applied for or which involve the inclusion of an
original certificate of title to the applicant by the RD, upon additional land shall be subject to the same
payment of prescribed fees requirements of publication and notice as in an
original application.
THE APPLICATION SHALL BE ACCOMPANIED BY THE
FOLLOWING DOCUMENTS It shall not be permissible to make amendments or
alterations in the description of the land after its
1. Original plan in TRACING CLOTH or DIAZO POLYESTER publication in the newspapers and after the registration
FILM, duly approved by the Regional Technical Director, Land of the property has been decreed, without the
Management Service of the DENR, a CERTIFIED COPY OF publication of new notification and advertisements
THE SAME SHALL BE ATTACHED TO THE DUPLICATE making known to everyone the said alterations and
RECORDS AND FORWARDED TO THE LRA amendments
2. WHITE OR BLUE PRINT copies of the plan If new survey plans do not conform to the plans earlier
3. The original and two copies of the TECHNICAL presented and affect the rights of third persons, notice
DESCRIPTIONS CERTIFIED by the Regional Technical shall be given them and an opportunity to present
Director or the official so authorized and NOT MERELY whatever opposition they may have
SIGNED by the Geodetic Engineer who prepared the plan
4. A CERTIFICATE IN TRIPLICATE of the Provincial, City, or 6. WHEN LAND APPLIED FOR BORDERS THE ROAD
Municipal assessor of the assessed value of the land (Section 20)
5. All ORIGINAL MUNIMENTS OF TITLE OF THE APPLICANT
which prove his ownership of the land If the application describes the land as bounded by a
public or private way or road, it shall state whether or
* Under LRA Circular 05-2000, the original tracing cloth plan is not the applicant claims any and what portion of the
no longer forwarded to the LRA; only a certified copy thereof land within the limits of the way or road, and
need be forwarded whether the applicant desires to have the line of the
way or road determined.
2. NON-RESIDENT APPLICANT (Section 16)
7. REQUIREMENT OF ADDITIONAL FACTS (Sec 21)
If the applicant is not a resident of the Philippines,
he shall file with his application AN INSTRUMENT IN DUE The court may require facts to be stated in the
FORM application in addition to those prescribed by this

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 15 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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Decree not inconsistent therewith and may require the notice of initial hearing to be mailed to the Secretary of Public
filing of any additional paper. It may also conduct an Highways, to the Provincial Governor, and to the Mayor of the
ocular inspection, if necessary. municipality or city, as the case may be, in which the land lies.

8. DEALINGS WITH LAND PENDING ORIGINAL REGISTRATION (c) Mailing of notice to the Secretary of Agrarian Reform, the
(Section 22) Solicitor General, the Director of Lands, the Director of Public
Works, the Director of Forest Development, the Director of Mines
After the filing of the application and before the issuance of and the Director of Fisheries and Aquatic Resources. If the land
the decree of registration, the land therein described may borders on a river, navigable stream or shore, or on an arm of
still be the subject of dealings in whole or in part, in which the sea where a river or harbor line has been established, or
case the interested party shall present to the court the on a lake, or if it otherwise appears from the application or the
pertinent instruments together with a subdivision plan proceedings that a tenant-farmer or the national government may
approved by the Director of Lands in case of transfer of have a claim adverse to that of the applicant, notice of the initial
portions thereof and the court, after notice to the parties, shall hearing shall be given in the same manner to the Secretary of
order such land registered subject to the conveyance or Agrarian Reform, the Solicitor General, the Director of Lands, the
encumbrance created by said instruments, or order that the Director of Mines and/or the Director of Fisheries and Aquatic
decree of registration be issued in the name of the person to Resources, as may be appropriate.
whom the property has been conveyed by said instruments.
v In practice, the Solicitor General is invariably furnished
Section 22 allows the land subject of registration to be sold or with a copy of the notice of initial hearing. The reason for
otherwise encumbered, but whatever may be the nature of the this is that he is bound to represent the government in all
transaction, the interested party should submit to the Court land registration and related proceedings.
the pertinent instruments evidencing the transaction to be v The OSG shall represent the Government of the
considered in the final adjudication of the case. Philippines, its agencies, and instrumentalities and its
officials and agents in any litigation, proceeding,
II. PUBLICATION, OPPOSITION, DEFAULT investigation or matter requiring the services of a lawyer.
v The Solicitor General shall institute actions for the
1. NOTICE OF INITIAL HEARING, PUBLICATION, ETC. reversion to the Government of lands of the public
domain and improvements thereon as well as lands held
The court shall, within five days from filing of the application, in violation of the Constitution.
ISSUE AN ORDER SETTING THE DATE AND HOUR OF THE INITIAL
HEARING, which SHALL NOT BE EARLIER THAN FORTY-FIVE DAYS 3. By posting.
NOR LATER THAN NINETY DAYS FROM THE DATE OF THE ORDER.
The Commissioner of Land Registration shall also cause a duly
The public shall be given notice of the initial hearing of the application attested copy of the notice of initial hearing to be posted by
for land registration by means of (1) publication; (2) mailing; and (3) the sheriff of the province or city, as the case may be, or by
posting. his deputy, in a conspicuous place on each parcel of land
included in the application and also in a conspicuous place on
1. By publication. the bulletin board of the municipal building of the
municipality or city in which the land or portion thereof is
Upon receipt of the order of the court setting the time for initial situated, FOURTEEN DAYS AT LEAST BEFORE THE DATE OF
hearing, the Commissioner of Land Registration shall cause notice of INITIAL HEARING.
initial hearing to be published once in the Official Gazette and once in a
newspaper of general circulation in the Philippines: Provided, The court may also cause notice to be served to such other
however, that the publication in the Official Gazette shall be sufficient persons and in such manner, as it may deem proper.
to confer jurisdiction upon the court. Said notice shall be addressed to
all persons appearing to have an interest in the land involved including v The Courts would simply rely on the report of the sheriff
the adjoining owners so far as known, and "to all whom it may largely because of the presumption of regularity in the
concern". Said notice shall also require all persons concerned to performance of official duty.
appear in court at a certain date and time to show cause why the
prayer of said application shall not be granted. The requirement of giving notice by all three modes is
mandatory
v TWO-FOLD PURPOSES OF PUBLICATION The notice of initial hearing shall be signed by the judge and
o To confer jurisdiction upon the court over the a copy if the notice is mailed to the clerk of court to the LRA
res The procedure prescribed by PD No. 1529 in land registration
o To apprise the whole world of the pending is IN REM, or one against all persons who may allege any right
registration case so that they may assert their to the land sought to be registered, and the decree of the Court
rights or interests in the land, if any, and granting registration is valid and effective against all who may
oppose the application, if so minded. have interest in the land
v A party seeking registration of realty must prove by
satisfactory and conclusive evidence not only his ownership 2. PROOF OF PUBLICATION AND NOTICE (Section 24)
thereof but the identity of the same.
v Publication in a newspaper is necessary to accord with due The certification of the Commissioner of Land Registration
process requirement. and of the sheriff concerned to the effect that the notice of
v For non-compliance with the requirement of publication, the initial hearing, as required by law, has been complied with
application may be dismissed, without prejudice to shall be filed in the case before the date of initial hearing, and
reapplication in the future, after all the legal requisites are shall be conclusive proof of such fact.
complied with.
v Publication in the Official Gazette does not dispense with the 3. OPPOSITION TO APPLICATION IN ORDINARY
requirement of notice by mailing and posting PROCEEDING (Section 25)
v Personal notice is not necessary unless required by the Court
v The purpose of the law in requiring the giving of notice by all Any person claiming an interest, whether named in the notice or
three modes is to strengthen the Torrens system through not, may appear and file an opposition on or before the date of
safeguards to prevent anomalous titling of real property. initial hearing, or within such further time as may be allowed by
v New publication is need in case the property sought to be the court. THE OPPOSITION SHALL STATE ALL THE OBJECTIONS
registered includes additional area TO THE APPLICATION AND SHALL SET FORTH THE INTEREST
v Where there is no publication of the notice of initial hearing, CLAIMED BY THE PARTY FILING THE SAME AND APPLY FOR THE
the decision of the land registration court is void. REMEDY DESIRED, and shall be signed and sworn to by him or by
some other duly authorized person.
2. By mailing.
If the opposition or the adverse claim of any person covers only
(a) Mailing of notice to persons named in the application. The a portion of the lot and said portion is not properly
Commissioner of Land Registration shall also, WITHIN SEVEN DAYS delimited on the plan attached to the application, or in case of
AFTER PUBLICATION OF SAID NOTICE IN THE OFFICIAL GAZETTE, undivided co-ownership, conflicting claims of ownership or
as hereinbefore provided, cause a copy of the notice of initial hearing possession, or overlapping of boundaries, the court may require
to be mailed to every person named in the notice whose address is the parties to submit a subdivision plan duly approved by
known. the Director of Lands.

(b) Mailing of notice to the Secretary of Public Highways, the
Provincial Governor and the Mayor. If the applicant requests to
have the line of a public way or road determined, the
Commissioner of Land Registration shall cause a copy of said

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4. ORDER OF DEFAULT, EFFECT (Section 26) v III. HEARING, JUDGMENT, AND DECREE OF REGISTRATION

If no person appears and answers within the time allowed, the court Section 27. SPEEDY HEARING; REFERENCE TO A REFEREE. The
shall, upon motion of the applicant, no reason to the contrary trial court shall see to it that all registration-proceedings are
appearing, order a default to be recorded and require the disposed or within ninety days from the date the case is submitted
applicant to present evidence. By the description in the notice "To for decision,
all Whom It May Concern", all the world are made parties defendant
and shall be concluded by the default order. The Court, if it deems necessary, may refer the case or any part
thereof to a referee who shall hear the parties and their evidence,
Where an appearance has been entered and an answer filed, a default and the referee shall submit his report thereon to the Court within
order shall be entered against persons who did not appear and fifteen days after the termination of such hearing. Hearing before a
answer. referee may be held at any convenient place within the province or
city as may be fixed by him and after reasonable notice thereof
v REQUISITES FOR OPPOSING APPLICATION shall have been served the parties concerned. The court may
render judgment in accordance with the report as though the facts
The oppositor must have an interest in the land applied have been found by the judge himself: Provided, however, that the
for court may in its discretion accept the report, or set it aside in
He should state the grounds for his objection as well as whole or in part, or order the case to be recommitted for further
the nature of his claimed interest proceedings:
He should indicate the desired relief
The opposition should be signed and sworn to by him or v HEARING
by his duly authorized representative Applications for registration shall be heard in the RTC or
in first level courts
v The written appearance with opposition presented by petitioner in a Section 27 aims to dispose of registration cases as
case was considered valid and sufficient to give him legal standing in expeditiously as possible and hence the court is required
court and entitle him to notice, as a matter of right. to decide the case within 90 days from the time it is
v Opposition to an application for registration of the title must be submitted for decision.
based on the right of dominion or some other real right opposed to The proof is on the applicant to prove his positive
the adjudication or recognition of the ownership of the applicant, averments and not for the government or the private
whether it be limited or absolute. oppositors to establish a negative proposition. He must
v All claims of third persons to the property must be asserted in the submit a convincing proof of his and his predecessor-in-
registration proceedings. interests actual, peaceful, and adverse possession in the
v A claim merely noted on the survey plan cannot prevail over the concept of owner of the lots during the period required by
actual decree of registration as reproduced in the certificate. The law.
rule also is that the owner of buildings and improvements should No public land can be acquired by private persons
claim them during the proceedings for registration and the fact of without any grant, express or implied, from the
ownership, if upheld by the Court, must be noted on the face of the government. The term public land is uniformly used to
certificate. describe so much of the national domain under the
v FAILURE TO FILE OPPOSITION a claimant having failed to legislative power of the Congress as has not been
present his answer or objection to the registration of a parcel of land subjected to private right or devoted to public use.
under the Torrens system or to question the validity of such
registration within a period of one year after the certificate of title IV. SPECIFIC EVIDENCE OF OWNERSHIP
had been issued, is deemed to have forever lost his right in said
land even granting that he had any right therein. 1. PROOF OF OWNERSHIP

v PERSONS WITH LEGAL STANDING TO FILE OPPOSITION All applicants in land registration proceedings have the burden
of overcoming the presumption that the land thus sought to
A HOMESTEADER who has not yet been issued his be registered forms part of the public domain.
title but has fulfilled all the conditions required by
law for the issuance of the patent Unless the applicant succeeds in showing by clear and convincing
A PURCHASER OF FRIAR LAND who is deemed to evidence that he or his ancestors acquired the property involved
have an equitable title to the land even before the by any means for the proper acquisition of public lands, the
issuance of the patent property must be held to be part of public domain.
An AWARDEE IN A SALES APPLICATION who, by
virtue of the award, is authorized to take possession THE BASIC PRESUMPTION IS THAT LANDS OF WHATEVER
of the land to enable him to comply with the CLASSIFICATION BELONG TO THE STATE AND EVIDENCE OF A
requirements for the issuance of patent LAND GRANT MUST BE WELL-NIGH INCONTROVERTIBLE.
A person CLAIMING TO BE IN POSSESSION OF THE
LAND and has applied with the Lands Management The applicant must present competent and persuasive proof to
Bureau for its purchase substantiate his claim; he my not rely on general statements, or
mere conclusions of law other than factual evidence of possession
v Private persons may not file opposition for the government on the and title.
ground that the land belongs to the government.
v Pursuant to the Regalian Doctrine, all land of the public domain and The mere initiation of an application for registration of land
all other natural resources are owned by the State, hence, it is the under the Torrens system is not proof that the land is of private
burden of the applicant or private oppositor to overthrow the ownership, and not pertaining to public domain. It is precisely the
presumption that the land is public land by well-nigh character of the land as private which the applicant has the
incontrovertible proof and he is entitled to registration under the obligation of establishing.
law.
v If the Solicitor General did not initiate the opposition by the LANDS MUST BE ALIENABLE AND DISPOSABLE
Government, it will be summarily dismissed.
v Notwithstanding the absence of opposition by the government, Alienable and disposable lands, or those open for alienation or
the applicant in land registration cases is not relieved of the burden disposition, are part of the patrimonial property of the State.
of proving the imperfect right or title sought to be confirmed. He
must show, even though there is no opposition, to the satisfaction of Before any land may be declassified from the forest group and
the court, that he is the absolute owner, in fee simple. converted into alienable or disposable land for agricultural or
v The Court may, even in the absence of any opposition, deny the other purposes, there must be a positive act from the
registration of the land under the Torrens system, upon the ground government.
that the facts presented did not show that the petitioner is the
owner, in fee simple, of the land, which he is attempting to have In the absence of classification, the land remains as
registered. unclassified land until it is released therefrom and rendered
v Hearing is necessary in order to determine the validity of open for disposition.
ownership claim. The court may refer the case or any part thereof
to a REFEREE who shall hear the parties and their evidence, and the THE CLASSIFICATION OF PUBLIC LANDS IS AN EXCLUSIVE
referee shall submit his report thereon to the court within 15 days PREROGATIVE OF THE EXECUTIVE DEPARTMENT AND
after the termination of such hearing. The court may render NOT OF THE COURTS.
judgment according to the report though the facts has been
found by the judge himself, or order the case recommitted for
reception of additional evidence.
v Failure of the Director of Lands to oppose the application for
registration will not justify the court in adjudicating the land
applied for as private property.

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SECTION 48B OF CA NO. 141 IS PREMISED ON PRIOR The Supreme Court declared that the submission of the
CLASSIFICATION OF LAND AS ALIENABLE AND DISPOSABLE. tracing cloth plan is a statutory requirement of MANDATORY
CHARACTER. However, by virtue of LRA Circular No. 05-2000,
Open, exclusive, and undisputed possession of alienable public dated March 8, 2000, what is needed to be forwarded to the
land for the period prescribed by CA No. 141 ipso jure converts LRA is only a certified copy of the tracing cloth or Diazo
such land into private land. polyester film as approved by the Regional Technical Director.
The original of the said plan, which is to accompany the
Judicial confirmation in such cases is only a formality that application for original registration, shall be filed and retained
merely confirms that earlier conversion of the land into a private by the Court.
land, the conversion having occurred in law from the moment the
required period of possession became complete. A certified blue print or white print copy of the plan suffices
for registration purposes. The survey plan of the land and
It is only necessary that the land be already classified as alienable the technical description thereof, based on an old cadastral
and disposable land AT THE TIME OF FILING OF THE survey, satisfy the technical requirement of the tracing cloth
APPLICATION for registration. plan, which is to identify with certainty the land applied for.

CLASSIFICATION OF AGRICULTURAL PUBLIC LAND AS A & D What defines a piece of titled property is not the numerical
RECKONED AT THE TIME OF FILING OF APPLICATION FOR data indicated as the area of the land, calculated with more or
REGISTRATION less certainty mentioned in the technical description, BUT
THE BOUNDARIES or METES AND BOUNDS OF THE
It requires the property sought to be registered as already PROPERTY AS ENCLOSING IT AND SHOWING ITS LIMITS.
alienable and disposable at the time the application for
registration of title is filed. In order that natural boundaries of land may be accepted for
the purpose of varying the extent of the land, the evidence as
If the State, at the time the application is made, has not yet deemed to such natural boundaries must be clear and convincing.
it proper to release the property for alienation or disposition, the
presumption is that the government is still reserving the right to 3. POSSESSION AND OCCUPATION
utilize the property; hence, the need to preserve its ownership in
the State irrespective of the length of adverse possession even if in The law requires both possession and occupation of the land
good faith. applied for which the applicant must show by well-nigh
incontrovertible.
PROOF OF CLASSIFICATION OF LAND AS A & D (C-LEL-RCC)
The Civil Code states that possession is the holding of a thing
Certification of the Bureau of Forest Development that the or the enjoyment of a right. Possession always includes the
land has been released as alienable and disposable land idea of occupation. It is not necessary that the person in
Land Classification Map showing that the land lies within the possession should himself be the occupant. The occupancy can
alienable and disposable portion of the public domain by held by another in his name. Without occupancy, there is
Executive proclamation withdrawing from a reservation of a no possession.
specific area and declaring the same open for entry, sale or
other mode of disposition Possession, to constitute the foundation of a prescriptive right,
Legislative act or executive proclamation reserving a portion must be a possession UNDER A CLAIM OF TITLE OR
of the public domain for public or quasi-public use, which OWNERSHIP or IT MUST BE ADVERSE.
amounts to a transfer of ownership to the grantee (Case:
International Hardwood and Veneer Co. vs UP) An applicant for confirmation of imperfect or incomplete
Report of a land inspector of the Bureau of Lands that the title must show OCEN possession and occupation of the
subject land was found inside an agricultural zone and is property in question, under a bona fide claim of
suitable for rice cultivation. The classification is descriptive of acquisition or ownership, since June 12, 1945.
its LEGAL NATURE or status and does not have to be
descriptive of what the land really looks like. Acts of possessory character performed by one who holds the
Certification from the CENRO of the DENR stating that the property by mere tolerance of the owner are clearly not in the
land subject of an application is found to be within the concept of the owner, and such possessory acts, no matter
alienable and disposable site per a land classification project how long continued, do not start the period of prescription
map running.
Certification by DENR Regional Technical Director that a
lot constitutes substantial compliance with the legal Actual possession of land consists in the manifestation of acts
requirement of dominion over it of such a nature, as a party would
naturally exercise over his own property.
CLASSIFICATION MUST BE APPROVED BY DENR SECRETARY
Mere casual cultivation of portions of the land by the
The applicant for land registration must prove that the DENR claimant does not constitute possession under claim of
Secretary had approved the land classification and released the ownership. On the other hand, where there is sufficient proof
land of the public domain as alienable and disposable, and that the that the applicant and his predecessors-in-interest have been
land subject of the application for registration falls within the in possession of the land without interruption, cultivating
approved area per verification through survey by the PENRO or certain parts thereof and using others for the pasture of
CENRO. animals, keeping them fenced in for the purpose of preserving
the trees, shrubs, and bamboo growing thereon, the
2. SURVEY PLAN registration of the land is warranted

A survey plan serves to establish the true identity of the land TWO THINGS PARAMOUNT IN POSSESSION
to ensure that it does not overlap a parcel of land or a portion There must be occupancy, apprehension or taking
thereof already covered by a previous land registration, and to There must be intent to possess
forestall the possibility that it will be overlapped by a subsequent
registration of any adjoining land. RULE OF PREFERENCE IN CASE OF CONFLICT OF
POSSESSION
A survey plan, standing alone, is not evidence of title. The present possessor shall be preferred
If there are two possessors, the one longer in
Section 17 of PD 1529 requires that the application for possession
registration be accompanied with a survey plan duly approved by If the dates of the possession are the same, the
the Director of Land (Regional Technical Director of the Lands one who presents a title
Management Bureau), together with the applicants muniments of If both possessors have title, the court shall
title. determine the rightful possessor and owner of
the land
Only the Lands Management Bureau may verify and approve
survey plans for original registration purposes pursuant to PD No. EVIDENCE OF OVERT ACTS OF POSSESSION
239, dated July 9, 1973. The Land Registration Authority HAS Introducing valuable improvements on the property
NO AUTHORITY TO APPROVE ORIGINAL SURVEY PLANS NOR Fruit-bearing trees
TO CHECK THE CORRECTNESS THEREOF. Fencing the area
Constructing a residential house
The surveyors is duty-bound to find out themselves who are the Declaring the house for taxation purpose
occupants and boundary owners of any land surveyed by them for
purposes of registration.

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4. TAX DECLARATIONS AND TAX RECEIPTS A judgment dismissing an application for registration of land
does not constitute res judicata, and the unsuccessful applicant,
They are not conclusive proof of ownership, but have a strong or any person deriving title from him, may file another proceeding
probative value when accompanied by proof of actual possession, for the registration of the same land.
or supported by other effective proof.
7. WHEN JUDGMENT BECOMES FINAL (SECTION 30, PD1529)
The voluntary declaration of a piece of property for taxation
purposes manifests not only ones sincere and honest desire to The judgment rendered in a land registration proceeding becomes
obtain title to the property and announces his adverse claim FINAL UPON THE EXPIRATION OF FIFTEEN DAYS to be counted
against the State and all other interested parties, but also the from the data of receipt of notice of the judgment.
intention to contribute needed revenues to the government.
An APPEAL may be taken from the judgment of the court as in
Tax declarations and receipts when coupled with actual ordinary civil cases.
possession constitute evidence of great weight and can be the
basis of claim of ownership through prescription. After judgment has become final and executory, it shall devolve
upon the court to forthwith issue an order in accordance with
Mere failure of the owner to pay his taxes does not warrant a Section 39 of this Decree to the Commissioner for the ISSUANCE
conclusion that there was an abandonment of a right to the OF THE DECREE OF REGISTRATION AND THE
property. The payment of taxes on property does not alone CORRESPONDING CERTIFICATE OF TITLE in favor of the person
constitute sufficient evidence of title. adjudged entitled to registration.

5. PARTIAL JUDGMENT (SECTION 28, PD 1529) SEPARATE PROCEEDING TO ENFORCE JUDGMENT NOT
NECESSARY IN LAND REGISTRATION
In a case where ONLY A PORTION OF THE LAND SUBJECT OF
REGISTRATION IS CONTESTED, the court may render partial Appeal must be made within 15 days counted from
judgment provided that a subdivision plan showing the contested the date of receipt of the notice of final order.
and uncontested portions approved by the Director of Lands is After the ownership has been proved and
previously submitted to said court. confirmed by judicial declaration, NO FURTHER
PROCEEDING TO ENFORCE THE JUDGMENT IS
6. JUDGMENT CONFIRMING TITLE (SECTION 29, PD 1529) NECESSARY, except when the adverse or losing
party had been in possession of the land and the
All conflicting claims of ownership and interest in the land winning party desires to oust him therefrom.
subject of the application shall be determined by the court. If
the court, after considering the evidence and the reports of the COURTS JURISDICTION
Commissioner of Land Registration and the Director of Lands,
finds that the applicant or the oppositor has sufficient title proper While the judgment of the court becomes final 15 days from
for registration, judgment shall be rendered confirming the title of the receipt of notice of the judgment, the court nevertheless
the applicant, or the oppositor, to the land or portions thereof. retains jurisdiction over the case until after the expiration of
1 year from the issuance of the final decree of registration
Section 29 MANDATES the LRA Administrator and the Director of by the LRA.
Lands to submit to the court all necessary and relevant evidence
as well as reports to aid the court in the determination of the IT IS ONLY AFTER THE DECREE OF REGISTRATION, WHICH
case. IS THE COPY OF THE ORIGINAL CERTIFICATE OF TITLE TO
BE ISSUED BY THE REGISTER OF DEEDS, IS ISSUED BY THE
THE REPORT MAY INCLUDE: LRA THAT THE DECISION OF THE COURT IS DEEMED
Information about the status of the land applied for FINAL.
Its present classification
Whether or not the same had been previously decreed as After the land has been registered, the registration court
private property or patented under the Public Land Act ceases to have jurisdiction over it for any purpose and it
returns to the jurisdiction of the ordinary courts of law for all
The court may also directly require the DENR and the LRA to subsequent purposes.
submit a report on whether the subject property has already been
registered and covered by certificates of title. WRIT OF POSSESSION

Only judgments and processes received by the Solicitor General A writ of possession is EMPLOYED TO ENFORCE A
bind the government. The Notice of Appearance shall be addressed JUDGMENT TO RECOVER THE POSSESSION OF LAND. It
to the OSG. Such notice makes it clear that only notices of orders, commands the sheriff to enter the land and give possession of
resolutions, and decisions served on the SG will bind the party it to the person entitled under the judgment.
(government/ agency) concerned.
WHEN CAN A WRIT OF POSSESSION BE ISSUED
PRINCIPLE OF RES JUDICATA APPLICABLE TO REGISTRATION In a land proceeding, in rem
PROCEEDINGS Extrajudicial foreclosure of realty mortgage
Judicial foreclosure proceeding, quasi in rem,
RES JUDICATA Where a judgment on the merits rendered in provided that the mortgagor is in possession of the
a former case is final and executory, and was rendered by a mortgaged realty and no third person, not a party to
court of competent jurisdiction, and that case and the present the foreclosure suit
case involves the same parties, the same parcels of land and a Execution sales
similarity of causes of action, present action is barred by a
prior action. After the registration of a land is decreed in favor of the
applicant, the latter, as well as any subsequent purchaser of
The fact that the grounds on which the two cases are predicated the property has the right to the title and possession thereof,
are technically at variance is IMMATERIAL if in substance they and to that end he may ask the proper court for the
aim the same objective: the recovery of the title and possession issuance of a writ of possession, provided the same has
of the same properties. not been issued before.

REQUISITES OF RES JUDICATA A writ of possession may be issued not only against the
defeated party in registration, but also against anyone
The former judgment must be FINAL adversely occupying the land or any portion thereof.
It must have been rendered by a COURT HAVING
JURISDICTION of the subject matter and the parties A person who took possession of the land after final
It must be a JUDGMENT OF THE MERITS adjudication of the same in registration proceedings
The must be, between the first and second action: cannot be summarily ousted through a writ of possession
o Identity of parties secured by a mere motion and that regardless of any title
o Identity of subject matter or lack of title of persons to hold possession of the land in
o Identity of cause of action question, they cannot be ousted without giving them their day
in court. The remedy is to resort to the courts and institute a
A final judgment in an ordinary civil case determining the separate action for UNLAWFUL ENTRY OR DETAINER or for
ownership of a piece of land is res judicata in a registration REIVINDICATORY ACTION, as the case may be.
proceeding where the parties and the property are the same as in
the former case. If one refused to vacate, the RTC may hold them in contempt.

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8. DECREE OF REGISTRATION (SECTION 31, PD 1529) V. REMEDIES

Every decree of registration issued by the Commissioner SHALL Section 32. Review of Decree of Registration, Innocent
BEAR THE DATE, HOUR AND MINUTE OF ITS ENTRY, and shall Purchaser for value
be signed by him.
The decree of registration shall not be reopened or revised by
It shall state whether the owner is married or unmarried, and if reason of absence, minority, or other disability of any person
married, the name of the husband or wife: Provided, however, that adversely affected thereby, nor by any proceeding in any court
if the land adjudicated by the court is conjugal property, the for reversing judgments, subject, however, to the right of
decree shall be issued in the name of both spouses. If the owner is any person, including the government and the branches
under disability, it shall state the nature of disability, and if a thereof, deprived of land or of any estate or interest
minor, his age. therein by such adjudication or confirmation of title
obtained by actual fraud, TO FILE IN THE PROPER COURT
It shall contain a description of the land as finally determined OF FIRST INSTANCE A PETITION FOR REOPENING AND
by the court, and shall set forth the estate of the owner, and also, REVIEW OF THE DECREE OF REGISTRATION NOT LATER
in such manner as to show their relative priorities, all particular THAN ONE YEAR FROM AND AFTER THE DATE OF THE
estates, mortgages, easements, liens, attachments, and other ENTRY OF SUCH DECREE OF REGISTRATION, but in no case
encumbrances, including rights of tenant-farmers, if any, to which shall such petition be entertained by the court where an
the land or owner's estate is subject, as well as any other matters innocent purchaser for value has acquired the land or an
properly to be determined in pursuance of this Decree. interest therein, whose rights may be prejudiced. Whenever
the phrase "innocent purchaser for value" or an equivalent
The decree of registration shall bind the land and quiet title phrase occurs in this Decree, it shall be deemed to include an
thereto, subject only to such exceptions or liens as may be innocent lessee, mortgagee, or other encumbrancer for value.
provided by law. It shall be conclusive upon and against all
persons, including the National Government and all branches Upon the expiration of said period of one year, the decree
thereof, whether mentioned by name in the application or notice, of registration and the certificate of title issued shall
the same being included in the general description "To all whom it become incontrovertible. Any person aggrieved by such
may concern". decree of registration in any case may pursue his remedy by
action for damages against the applicant or any other persons
A DECREE OF REGISTRATION is an order issued under the responsible for the fraud.
signature of the Administrator, LRA, in the name of the court,
stating that the land described therein is registered in the name of 1. NEW TRIAL OR RECONSIDERATION
the applicant or oppositor or claimant as the case may be.
Within the period of taking an appeal (15 days), the aggrieved
STEPS OF DECREE OF REGISTRATION party may move the trial court to set aside the judgment or
final order and grant a new trial for one or more of the causes
Issuance of decree of registration materially affecting the substantial rights of said party.
Administrator sends copy thereof, under seal of office,
to the Register of Deeds of the province where the land Where a record on appeal is required, the appellant shall file a
lies notice of appeal and a record on appeal within 30 days after
Register of Deeds transcribes the decree in the notice of the judgment or final order.
Registration Book in consecutive order
GROUNDS FOR NEW TRIAL OR RECONSIDERATION
The entry made by the Register of Deeds in said book constitutes
the original certificate of title and is signed by him and sealed with Fraud, accident, mistake or excusable negligence,
the seal of his office. which ordinary prudence could not have guarded
against and by reason of which such aggrieved party has
Entry in the proper registry and the issuance of the corresponding probably been impaired in his rights
certificate of title presupposes that the applicant is the owner and Newly discovered evidence, which he could not, with
proprietor of the realty he seeks to register. reasonable diligence, have discovered, and produced at
the trial, and which if presented would probably alter
THE DUTY OF THE LRA ADMINISTRATOR IS MINISTERIAL AND the result
HE IS ACTING UNDER THE ORDERS OF THE COURT. The decree
must be in conformity with the decision of the court and with the CONTENTS OF A MOTION FOR NEW TRIAL
data found in record, and the Administrator has no discretion on
the matter. Must be in writing
Shall state the ground/s therefor
If the Administrator is in doubt upon any point in relation to the A written notice must be served to the adverse party
preparation and issuance of the decree, it is his duty to refer the Shall be supported by affidavits of merits
matter to the court. He acts as an official of the court and not as an Shall be supported by affidavits of witnesses or duly
administrative official, and his act is that act of the court. authenticated documents, which are proposed to be
introduced in evidence
THE LAND BECOMES A REGISTERED LAND ONLY UPON
TRANSCRIPTION OF THE DECREE IN THE ORIGINAL AFFIDAVIT OF MERITS IN MOTION FOR NEW TRIAL
REGISTRATION BOOK BY THE REGISTER OF DEEDS, AND NOT GROUNDED ON FRAUD, ETC.
ON THE DATE OF ISSUANCE OF THE DECREE.
Affidavit 1: setting forth the facts and
A land registration court has NO JURISDICTION to order the circumstances alleged to constitute such fraud,
registration of land already decreed in the name of another in an accident, mistake, or excusable negligence
earlier land registration case. A second decree for the same land o REASON: to enable the court to
would be null and void, since the principle behind original determine if the movants claim of fraud
registration is to register the parcel of land only once. is not mere conclusion but is indeed
borne out by the relevant facts
An application for registration of an already titled land constitutes
a collateral attack on the existing title, which is not allowed by law. Affidavit 2: setting forth the particular facts
claimed to constitute the movants meritorious
Cadastral courts have limited jurisdiction to correct technical cause of action or defense.
errors or determine which of several conflicting titles should o REASON: it would be useless, a waste of
prevail. time, to set aside the judgment and
reopen the case to allow the movant to
A decree of registration cannot be issued until after judgment adduce evidence when he has no valid
becomes final. Execution pending appeal is, therefore, not cause of action or meritorious defense
applicable in land registration proceedings.
Affidavits of merit are not necessary if the granting of the
Under the Torrens System of registration, the Torrens title motion for new trial is not discretionary with the court BUT IS
becomes indefeasible and incontrovertible ONE YEAR FROM ITS DEMANDABLE AS OF RIGHT
FINAL DECREE. o Where the movant has been deprived of
his day in court through no fault or
negligence on his part because no notice
of hearing was furnished him in advance
so as to enable him to prepare for trial

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v FRAUD is a ground for review or reopening decree of o File first a notice of appeal (shall indicate the
registration parties to the appeal, specify the judgment or
final order or part thereof appealed from,
EXTRINSIC FRAUD refers to any fraudulent act of the specify the court to which the appeal is being
successful party in litigation which is committed taken, and state the material dates showing
outside the trial of a case against the defeated party, the timeliness of the appeal.)
or his agents, attorneys or witnesses, whereby said o The appeal shall be taken within fifteen (15)
defeated party is prevented from presenting fully and days from notice of the judgment or final
fairly his side of the case order appealed from. Where a record on
appeal is required, the appellant shall file a
INTRINSIC FRAUD refers to acts of a party in a notice of appeal and a record on appeal
litigation during the trial, such as forged instruments within thirty (30) days from notice of the
or perjured testimony, which did not affect the judgment or final order.
presentation of the case, but DID PREVENT A FAIR o A timely motion for new trial or
AND JUST DETERMINATION OF THE CASE reconsideration shall interrupt the period of
appeal.
PRESCRIPTION = 4 years o No motion for extension of time to file a
motion for new trial or reconsideration shall
v ACCIDENT it must appear that there was accident or surprise be allowed.
which ordinary prudence could not have guarded against, and by
reason of which the party applying has probably been impaired in PETITION FOR REVIEW the appeal to the Court of
his rights Appeals in cases decided by the RTC in the exercise of
its appellate jurisdiction (Rule 42, Rules of Court)
v MISTAKE some unintentional act, omission, or error arising o Filing a verified petition for review with the
from ignorance, surprise, imposition or misplaced confidence. Court of Appeals
o Petition shall be filed and served within
v EXCUSABLE NEGLECT failure to take the proper steps at the fifteen (15) days from notice of the decision
proper time, not in consequence of the partys own carelessness, sought to be reviewed or of the denial of
inattention, or willful disregard of the process of the court, but in petitioner's motion for new trial or
consequence of some unexpected or unavoidable hindrance or reconsideration filed in due time after
accident, or reliance on the care and vigilance of his counsel or on judgment
promises made by the adverse party. o Upon proper motion and the payment of the
full amount of the docket and other lawful
MOTION FOR RECONSIDERATION fees and the deposit for costs before the
expiration of the reglementary period, the
It shall point out specifically the findings or conclusions of the Court of Appeals may grant an additional
judgment or final order which are not supported by the evidence period of fifteen (15) days only within which
or which are contrary to law, making express reference to file the petition for review.
o No further extension shall be granted except
No motion for extension of time to file a motion for new trial for the most compelling reason and in no
or reconsideration shall be allowed. case to exceed fifteen (15) days.

2. RELIEF FROM JUDGMENT; RELIEF FROM DENIAL APPEAL BY CERTIORARI - In all cases where only
questions of law are raised or involved, the appeal shall
When an judgment or final order is entered, and is made through be to the Supreme Court by petition for review
fraud, mistake, etc, HE MAY FILE A PETITION IN SUCH COURT on certiorari in accordance with the Rule 45
and in the same case praying that the JUDGMENT BE SET ASIDE o A party desiring to appeal by certiorari from
a judgment or final order or resolution of the
A petition for relief of judgment or from denial of appeal must be Court of Appeals, the Sandiganbayan, the
verified and filed WITHIN 60 DAYS AFTER THE PETITIONER Regional Trial Court or other courts
LEARNS OF THE JUDGMENT, AND NOT MORE THAN 6 MONTHS whenever authorized by law, may file with
the Supreme Court a verified petition for
Petition for relief and motion for new trial or consideration are review on certiorari. The petition shall raise
exclusive of each other. A party who has filed a timely motion for only questions of law which must be
new trial cannot file a petition for relief after his motion has been distinctly set forth.
denied. He should appeal from the judgment and question such o The petition shall be filed within fifteen
denial. (15) days from notice of the judgment or
final order or resolution appealed from,
3. APPEALS or of the denial of the petitioner's motion
for new trial or reconsideration filed in
May be taken from a judgment or final order that completely due time after notice of the judgment.
disposes of the case, or of a particular matter therein when o On motion duly filed and served, with full
declared by the Rules of Court to be appealable. payment of the docket and other lawful fees
and the deposit for costs before the
NO APPEAL MAY BE TAKEN FROM: expiration of the reglementary period, the
Supreme Court may for justifiable reasons
Order denying a motion for new trial/ reconsideration grant an extension of thirty (30) days only
An order denying a petition for relief or any similar within which to file the petition.
motion seeking relief from judgment o A review is not a matter of right, but of sound
An interlocutory order judicial discretion, and will be granted only
An order disallowing or dismissing an appeal when there are special and important
An order denying a motion to set aside a judgment by reasons thereof.
consent, confession or compromise on ground of fraud,
mistake, or duress PERFECTION OF APPEAL (Section 9, Rule 41, ROC)
An order of execution
A judgment or final order for or against one or more of A party's appeal by notice of appeal is deemed perfected as to
several parties or in separate claims, counterclaims, him upon the filing of the notice of appeal in due time.
cross-claims and third-party complaints, while the main
case is pending, unless the court allows an appeal A party's appeal by record on appeal is deemed perfected as to
therefrom him with respect to the subject matter thereof upon the
An order dismissing an action without prejudice approval of the record on appeal filed in due time.

MODE OF APPEAL In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals filed in due
ORDINARY APPEAL the appeal to the Court of time and the expiration of the time to appeal of the other
Appeals in cases decided by the RTC in the exercise of parties.
its original jurisdiction
o Shall be taken by filing a notice of appeal with In appeals by record on appeal, the court loses jurisdiction
the court which rendered the judgment or only over the subject matter thereof upon the approval of the
final order appealed from and serving a copy records on appeal filed in due time and the expiration of the
upon the adverse party appeal of the other parties.

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In either case, prior to the transmittal of the original record or REQUISITES FOR ACTION OF RECONVEYANCE
the record on appeal, the court may issue orders for the
protection and preservation of the rights of the parties which An action must be brought in the name of a person
do not involve any matter litigated by the appeal, approve claiming ownership or dominical right over the land
compromises, permit appeals of indigent litigants, order execution registered in the name of the defendant
pending appeal in accordance with 2 of Rule 39, and allow The registration of the land in he name of the defendant
withdrawal of the appeal. was procured through fraud or other illegal names
The property has not yet passed to an innocent
4. REVIEW OF DECREE OF REGISTRATION purchaser for value
The action is filed after the certificate of title had
REQUISITES already become final and incontrovertible but within
The petitioner must have an estate or interest in the four years from the discovery of the fraud, or not later
land than 10 years, in case of implied trust
He must show actual fraud in the procurement of the
decree of registration RELEVANT ALLEGATIONS
The petition must be filed within one year from the That the plaintiff was the owner of the land
issuance of the decree by the LRA That the defendant had illegally dispossessed him of the
The property has not yet passed to an innocent same
purchaser for value
The remedy of reconveyance is available before the issuance of the
A mere claim of ownership is not sufficient to avoid a certificate of decree.
title obtained under the Torrens system. The proceedings whereby
such a title is obtained are directed against all persons, known or An action for reconveyance is an action in personam available to
unknown, whether actually served or not, and includes all who a person whose property has been wrongfully registered under
have an interest in the land. If they do not appear and oppose the Torrens system in anothers name.
the registration, such judgment is conclusive.
The rule is that the RTC have exclusive original jurisdiction in
Must be filed at any time after the rendition of the courts all civil actions which involve the title to or any interest in
decision and before the expiration of one year from the entry property where the assessed value thereof exceeds P20,000 or in
of the final decree of registration. Metropolitan Manila, where such value exceeds P50,000.

THE GROUND FOR REVIEW IS ACTUAL OR EXTRINSIC REVIEW Indispensable parties must be impleaded in an action for
reconveyance.
Deliberate misrepresentation that the lots are not
contested when in fact they are; Quantum of Proof the established legal principle in actions for
Applying for and obtaining adjudication and annulment or reconveyance of title is that a party seeking it should
registration in the name of a co-owner of land which he establish not merely by preponderance of evidence but by clear
knows had not been allotted to him in the partition; and convincing evidence that the land sought to be conveyed is his.
Intentionally concealing facts, and conniving with the Mere allegation of fraud is not enough.
land inspector to include in the survey plan the bed of
navigable stream; An action for reconveyance may be barred by prescription.
Willfully misrepresenting that there are no other claims;
Deliberately failing to notify the party entitled to notice; PRESCRIPTION
Inducing a claimant not to oppose the application for Based on FRAUD 4 years from discovery of fraud
registration; Based on IMPLIED TRUST 10 years
Misrepresentation by the applicant about the identity of Based on VOID CONTRACT Imprescriptible
the lot to the true owner causing the latter to withdraw Action TO QUIET TITLE where plaintiff is in possession
his opposition; Imprescriptible
Failure of the applicant to disclose her application for Reconveyance of land acquired through public land
registration the vital facts that her husbands previous patents State is not bound by prescription
application for a revocable permit and to purchase the
lands in question from the Bureau of Lands had been Laches may bar recovery. The principle of laches which, in effect,
rejected, because the lands were already reserved as a is one of estoppel because it prevents people who have slept on
site for school purposes; their rights from prejudicing the rights of third parties who have
Deliberate falsehood that the land were allegedly placed reliance on the inaction of the original patentee and his
inherited by the applicant from her parents, which successors in interest.
misled the Bureau of Lands into not filling the
opposition and thus effectively depriving the Republic ELEMENTS OF LACHES
of tis day in court.
Conduct on the part of the defendant, or of one under
RELIEF ON THE GROUND OF FRAUD WILL NOT BE GRANTED whom he claims, giving rise to the situation complained
of;
Where the alleged fraud goes into the merits of the case, Delay in asserting complainant's right after he had
is intrinsic and not collateral, and has been controverted knowledge of the defendant's conduct and after he has
and decided an opportunity to sue;
Where it appears that the fraud consisted in the Lack of knowledge or notice on the part of the
presentation at the trial of a supposed forged document, defendant that the complainant would assert the right
or a false and perjured testimony on which he bases his suit; and
Injury or prejudice to the defendant in the event relief is
A purchaser who has knowledge of defect of his vendors title accorded to the complainant.
cannot claim good faith. A purchaser cannot close his eyes to facts,
which should put a reasonable man upon his guard, and then claim 6. ACTION FOR DAMAGES
that he acted in good faith under the belief that there was no
defect in the title of the vendor. An action for reconveyance is not feasible where the property has
already passed into the hands of an innocent purchaser for value.
5. RECONVEYANCE But the interested party is not without a remedy he can file
an action for damages against the persons responsible for
Legal and equitable remedy granted to the rightful owner of land, depriving him of his right or interest in the property.
which has been wrongfully or erroneously registered in the name
of another for the purpose of compelling the latter to transfer or An action for damages should be brought within 10 YEARS from
reconvey the land to him. the date of the issuance of the questioned certificate of title.

AN ACTION FOR RECONVEYANCE IS ONE THAT SEEKS TO 7. ACTION FOR REVERSION
TRANSFER PROPERTY, WRONGFULLY REGISTERED BY
ANOTHER, TO ITS RIGHTFUL AND LEGAL OWNER. It seeks to restore public land fraudulently awarded and disposed
of to private individuals or corporations to the mass of public
After one year from the date of the decree, the sole remedy of the domain. Only the SOLICITOR GENERAL may institute an action for
landowner whose property has been wrongfully or erroneously reversion.
registered in anothers name is not to set aside the decree, but
respecting the decree as incontrovertible and no longer open to OBJECTIVE cancellation of the certificate of title and the
review to bring an ordinary action in court for reconveyance. resulting reversion of the land covered by the title to the State

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 22 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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The Director of Lands has continuing authority to conduct within a specified area needs to be settled
investigation, from time to time; to determine whether or not and adjudicated
public land has been fraudulently awarded or titled to the end that o Order Director of Lands to make survey and
the corresponding certificate of title be cancelled and the land plan
reverted to the public domain. o Director gives notice to persons claiming
interest in lands and to general public of day
8. CANCELLATION OF TITLE of survey published in the Official Gazette
and posted in conspicuous place on lands to
An action for cancellation is initiated by a private property usually be surveyed
in a case where there are two titles issued to two different persons o Geodetic engineers commences survey
for the same lot. When one of the two titles held to be superior o During survey, boundaries are marked by
over the other, one should be declared null and void and ordered monuments
cancelled.
Filing of petition
9. RECOVERY FROM THE ASSURANCE FUND o After survey and plot been made, Director
represented by Sol Gen institutes cadastral
Section 95 provides a remedy where a person who sustains loss proceeding by filing petition in court against
or damage or is deprived of any estate or interest in land in holders, claimants, possessors, occupants
consequence of the operations of the Torrens system of o Parcel of lots given their cadastral numbers
registration, without negligence on his part, may bring an
action for the recovery of damages to be paid out of the Assurance Publication, mailing, and posting
fund o Court to order date of hearing
o LRA to notify public by publishing notice
Public policy demands that those unjustly deprived of their rights once in the Official Gazette and once in a
over real property by reason of the operation of our registration newspaper of general circulation & copy
laws be afforded remedies mailed to person whose address is known &
other copies posted in conspicuous place
According to the principles of the Torrens system, it is a condition designated by law
sine que non that the person who brings an action for damages
against the Assurance fund be the registered owner, and as to Filing of answer
holders of transfer certificates of title that they be innocent o Any person claiming interest in any part of
purchasers in good faith and for value lands subject to petition is required to file
answer
There must also be a showing of loss or damage or deprivation of o Answer must give the following:
any land or interest thereon by the operation of PD1529 Age of claimant
Cadastral number of lot claimed
Where plaintiff is solely responsible for the plight in which it finds Name of barrio or municipality
itself, the Director of Lands and the National Treasurer are exempt where lot is located
from any liability Name of owners of adjoining lots
If in possession & without grant
REQUISITES FOR RECOVERY FROM THE ASSURANCE FUND Number of years in possession
If not in possession
That a person sustains loss or damage, or is deprived of State interest claimed
any estate or interest in land If assessed of taxation
On account of bringing of land under the operations of Assessed value
the Torrens system arising after the original Any encumbrances affecting said
registration lots
Through fraud, error, omission, mistake, or
misdescription in a certificate of title or entry or Hearing of the case
memorandum in the registration o In any convenient place where land lies
Without negligence on his part o Like an ordinary RTC trial
And is barred or precluded from bringing an action for o Conflicting claims are determined
the recovery of such land or estate or interest therein o Lots claimed are awarded to persons entitles,
if they could prove title
10. ANNULMENT OF JUDGMENT o If none could prove title, land is declared
public domain
A petition for annulment by the Court of Appeals of judgments or
final orders of Regional Trial Court for which the ordinary Decision
remedies of new trial, appeal, etc. are no longer available must be o Claimants are notified of decision
based on (a) extrinsic fraud, (b) lack of jurisdiction and (c) lack of o In the absence of successful claimants, the
due process. property shall be declared as public land.

A petition for annulment of judgment based on extrinsic fraud Issuance of decree and certificate of title
must be filed within four (4) years from its discovery; and if based o Upon order of court, LRA to enter decree of
on lack of jurisdiction, before it is barred by laches or estoppel. registration
o Decree made basis for issuance of OCT
VI. CADASTRAL REGISTRATION PROCEEDINGS o Decree is now being directly prepared and
issued on regulation forms of such certificate
A proceeding in rem, initiated by the filing of a petition for
registration by the government, not by the persons claiming PETITION; LOT NUMBERS
ownership of the land subject thereof, and the latter are, on the
pain of losing their claim thereto, in effect compelled to go to court SECTION 36. PETITION FOR REGISTRATION. When the lands
to make known their claim or interest therein, and to substantiate have been surveyed or plotted, the Director of Lands, represented
such claim or interest. by the Solicitor General, shall institute original registration
proceedings by filing the necessary petition in the Court of
The objective of the proceeding is the adjudication of title to the First Instance of the place where the land is situated against
lands or lots involved in said proceeding. the holders, claimants, possessors, or occupants of such lands or
any part thereof, stating in substance that public interest requires
PROCEDURE (NN-CPP-AHDI) that the title to such lands be settled and adjudicated and praying
that such titles be so settled and adjudicated:
Notice of cadastral survey published once in the
Official Gazette and posted in a conspicuous place; and The petition SHALL CONTAIN a description of the lands and shall
copy furnished the mayor and barangay captain be accompanied by a plan thereof, and may contain such other
Notice of date of survey of the Land Management data as may serve to furnish full notice to the occupants of the lands
Bureau and posting in bulletin board of the municipal and to all persons who may claim any right or interest therein.
building of the municipality or barrio, and shall mark
the boundaries of the lands by monuments set up in Where the land consists of two or more parcels held or occupied by
proper places different persons, the plan shall indicate the boundaries or limits of
Cadastral Survey the various parcels as accurately as possible. THE PARCELS
o In the opinion of President pursuant to SHALL BE KNOWN AS "LOTS" AND SHALL ON THE PLAN FILED
requirement of public interest, title of land IN THE CASE BE GIVEN SEPARATE NUMBERS BY THE
DIRECTOR OF LANDS, WHICH NUMBERS SHALL BE KNOWN AS

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"CADASTRAL LOT NUMBERS". The lots situated within each The clerk of court shall send, within fifteen days from
municipality shall, as far as practicable, be numbered entry of judgment, CERTIFIED COPIES OF THE
consecutively beginning with number "one", and only one series of JUDGMENT and of the order of the court directing the
numbers shall be used for that purpose in each municipality. Commissioner to issue the corresponding decree of
However in cities or townsites, a designation of the landholdings registration and CERTIFICATE OF TITLE, and a
by blocks and lot numbers may be employed instead of the certificate stating that the decision has not been
designation by cadastral lot numbers. amended, reconsidered, nor appealed, and has become
final.
The cadastral number of a lot SHALL NOT BE CHANGED AFTER Thereupon, the Commissioner shall cause to be
FINAL DECISION HAS BEEN ENTERED decreasing the prepared the decree of registration as well as the
registration thereof, except by order of court. Future subdivisions original and duplicate of the corresponding original
of any lot shall be designated by a letter or letters of the alphabet certificate of title. The original certificate of title shall
added to the cadastral number of the lot to which the respective be a true copy of the decree of registration. The decree
subdivisions pertain. The letter with which a subdivision is of registration shall be signed by the Commissioner,
designated shall be known as its "cadastral letter": Provided, entered and filed in the Land Registration Commission.
however, that the subdivisions of cities or townsites may be The original of the original certificate of title shall also
designated by blocks and lot numbers. be signed by the Commissioner and shall be sent,
together with the owner's duplicate certificate, to the
ACTIONS TAKEN IN CADASTRAL PROCEEDING Register of Deeds of the city or province where the
property is situated for entry in his registration book.
Adjudicates ownership in favor of one of the claimants
Declaration by the court that the decree is final and its The decree of registration shall bear the date, hour, and minute of
order for the issuance of the certificates of title by the its entry and shall be signed by the LRA Administrator. (See Sec31)
Administrator of the LRA
Devolves upon the LRA; to issue decrees of registration As soon as the decree of title has been registered in the office of
pursuant to final judgments of the courts in land the Register of Deeds, the property included in said decree shall
registration proceedings become registered land, and the certificate shall take effect upon
the date of the transcription of the decree.
Land already titled cannot be the subject of a cadastral
proceeding. A registration court has no jurisdiction to decree Memoranda of encumbrances not admissible as proof of the
again a registration of land already decreed in an earlier land contents of the registered documents. The said notations or
registration case and a second decree for the same land is null and memoranda are, at most, proof of the existence of the transaction
void. and judicial orders noted therein, and a notice to the whole world
of such facts.
The court has no power in a subsequent proceeding to adjudicate
the same title in favor of another person. Furthermore, the Where two certificates of title are issued to different persons
registration book is a standing notice to the world that said covering the same land in whole or in part, the earlier in date
property is already registered. must prevail as between the original parties.

Jurisdiction of the cadastral court over previously titled lands is And in case of successive registration, the person holding under
limited to the correction of technical errors in the description prior certificate is entitled to the land as against the person who
of the land. relies on the second certificate.

The judgment in a cadastral proceeding, including the rendition of RULE IN DOUBLE SALE OF IMMOVABLE PROPERTY - Between
the decree, is a judicial act. The judicial decree when final is the two buyers of the same immovable property registered under the
basis of the certificate of title. THE ISSUANCE OF THE DECREE BY Torrens system, the law gives ownership priority to:
THE LRA IS A MINISTERIAL ACT. The first registrant in good faith;
Then, the first possessor in good faith; and
As a general rule, registration of title under the cadastral system is Finally, the buyer who in good faith presents the oldest
final, conclusive and indisputable, after the lapse of the period title.
allowed for an appeal. This provision, however, does not apply if the property is not
registered under the Torrens system.
The mere fact that there has been delay in the issuance of the
corresponding certificate of title pursuant to a decree of Tax declarations cannot defeat the conclusiveness of a certificate
registration in a cadastral case will not render inefficacious the of title.
decision rendered by the court on account of prescription or
laches. Mere issuance of a certificate of title does not foreclose and
action to test its validity. If a person obtains a title, which
VII. CERTIFICATE OF TITLE includes mistake or oversight, lands, which cannot be registered
under the Torrens system, he does not, by virtue of said certificate
A certificate of title serves as evidence of an indefeasible and alone, become the owner of the land illegally included.
incontrovertible title to the property in favor of the person
whose name appears therein. After lapse of one year, title to ENTRY OF ORIGINAL CERTIFICATE OF TITLE
such property can no longer be contested.
Section 40. Upon receipt by the Register of Deeds of the original
REGISTRATION DOES NOT VEST TITLE: IT IS NOT A MODE OF and duplicate copies of the original certificate of title the same
ACQUIRING OWNERSHIP. IT DOES NOT GIVE ANY PERSON ANY shall be entered in his record book and shall be numbered,
BETTER TITLE THAN WHAT HE LAWFULLY HAS.201 dated, signed and sealed by the Register of Deeds with the
REGISTRATION IS MERELY A SYSTEM OF REGISTRATION OF seal of his office. Said certificate of title shall take effect upon the
TITLES TO LANDS. date of entry thereof. The Register of Deeds shall forthwith send
notice by mail to the registered owner that his owner's duplicate is
A person dealing with registered land may safely rely upon the ready for delivery to him upon payment of legal fees.
correctness of the certificate of title issued therefor and the law
will in no way oblige him to go behind the certificate of title. The The certificate of title after initial registration proceeding is known
validity and correctness of the title is presumed. as the Original Certificate of Title. Any subsequent title is a
Transfer Certificate of Title.
The rule on the incontrovertibility of a certificate of title upon the
expiration of one year, after the entry of the decree, DOES NOT By TITLE, the law refers to ownership, which is represented by
APPLY where an action for the cancellation of a patent and a the original certificate of title or transfer certificate of title. It
certificate of title issued pursuant thereto is instituted on the refers to that upon which ownership is based. A CERTIFICATE OF
ground that they are null and void because the Director of Lands TITLE is a mere evidence of ownership; it is not the title to the
had no jurisdiction to issue them at all. land.

PREPARATION OF DECREE AND CERTIFICATE OF TITLE OWNERS DUPLICATE CERTIFICATE OF TITLE

After the judgment directing the registration of title to Section 41. The owner's duplicate certificate of title shall be
land has become final, the court shall, within fifteen delivered to the registered owner or to his duly authorized
days from entry of judgment, issue an order representative. If TWO OR MORE PERSONS ARE REGISTERED
directing the Commissioner to issue the OWNERS, one owner's duplicate certificate may be issued for the
corresponding decree of registration and certificate whole land, or if the co-owners so desire, a separate duplicate may
of title. be issued to each of them in like form, but all outstanding
certificates of title so issued shall be surrendered whenever

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the Register of Deeds shall register any subsequent voluntary STATEMENT OF PERSONAL CIRCUMSTANCES IN THE COT
transaction affecting the whole land or part thereof or any interest Full names of the persons whose interest make up the
therein. The Register of Deeds shall note on each certificate of title ownership of the land
a statement as to whom a copy thereof was issued. Civil status
Names of their respective spouses, if married
REGISTRATION BOOKS Citizenship
Residence
The original copy of the original certificate of title shall be filed in Postal address
the Registry of Deeds. The same shall be bound in consecutive If property is conjugal, it shall be issued to both spouses
order together with similar certificates of title and shall constitute
the registration book for titled properties CONTENTS OF A TRANSFER CERTIFICATE OF TITLE
Shall show the number of the next previous certificate
TRANSFER CERTIFICATE OF TITLE covering the same land
The fact that it was originally registered, giving the
The subsequent certificate of title that may be issued by the record number of the original certificate of title, and the
Register of Deeds pursuant to any voluntary or involuntary volume and page of the registration book in which it is
instrument relating to the same land shall be in like form, entitled found
"Transfer Certificate of Title", and likewise issued in duplicate. The
certificate shall show the number of the next previous certificate GENERAL INCIDENTS OF REGISTERED LAND
covering the same land and also the fact that it was originally
registered, giving the record number, the number of the original Section 46. Registered land shall be subject to such burdens
certificate of title, and the volume and page of the registration and incidents as may arise by operation of law. Nothing
book in which the latter is found. contained in this decree shall in any way be construed to relieve
registered land or the owners thereof from any rights incident to
the relation of husband and wife, landlord and tenant, or from
STATUTORY LIENS AFFECTING TITLE liability to attachment or levy on execution, or from liability to any
lien of any description established by law on the land and the
A certificate of title is free from liens except the following: buildings thereon, or on the interest of the owner in such land or
Liens, claims, or rights existing or arising under the buildings, or to change the laws of descent, or the rights of
laws or the constitution, which arent by law, required partition between co-owners, or the right to take the same by
eminent domain, or to relieve such land from liability to be
o A lien is a charge on property usually for the recovered by an assignee in insolvency or trustee in bankruptcy
payment of some debt or obligation. under the laws relative to preferences, or to change or affect in any
o An encumbrance is a burden upon the land, way other rights or liabilities created by law and applicable to
depreciative of its value, such as lien, unregistered land, except as otherwise provided in this Decree.
easement, or servitude, which, though adverse
to the interest of the landowner, does not REGISTERED LAND NOT SUBJECT TO PRESCRIPTION
conflict with his conveyance of the land in fee.
Section 47. No title to registered land in derogation of the title of
Unpaid real estate taxes levied or assessed within 2 the registered owner shall be acquired by prescription or adverse
years immediately preceding the acquisition of any possession.
right over the land - Superior lien in favor of the
government CERTIFICATE NOT SUBJECT TO COLLATERAL ATTACK
Any public highway or private way established or
recognized by the law, or any government irrigation Section 48. A certificate of title shall not be subject to collateral
canal or lateral thereof attack. It cannot be altered, modified, or canceled except in a direct
Any disposition of the property or limitation to the use proceeding in accordance with law.
thereof by virtue of PD 27 or any other law or
regulation or agrarian reform Tenancy Emancipation An action is deemed an attack on a title when the object of the
Decree and Comprehensive Agrarian Reform Law) action or proceeding is to nullify the title, and thus challenge the
judgment pursuant to which the title was decreed.
o Tenant farmer if not registered, 5
hectares and if irrigated, 3 hectares The attack is DIRECT when the object of the action is to annul or
o Landowner may retain an area of not more set aside such judgment, or enjoin its enforcement. On the other
than 7 hectares if such landowner is hand, the attack is INDIRECT OR COLLATERAL when, in an action
cultivating such area or will not cultivate it to obtain a different relief, an attack on the judgment is
nevertheless made as an incident thereof.
Rights incident to the relation of husband and wife and
landlord and tenant SPLITTING OR CONSOLIDATION OF TITLES
Liability to attachment and execution
Liability to any lien of any description established by A registered owner of several distinct parcels of land embraced in
law and the buildings thereon or an interest of the and covered by a certificate of title desiring in lieu thereof
owner of such lands or buildings separate certificates, each containing one or more parcels, may file
Rights incident to the laws of descent or partition a written request for that purpose with the Register of Deeds
between co-owners concerned, and the latter, upon the surrender of the owner's
Taking of the property through eminent domain duplicate, shall cancel it together with its original and issue in lieu
Right to relieve the land from liability to be recovered thereof separate certificates as desired. A registered owner of
by an assignee in insolvency or trustee in bankruptcy several distinct parcels of land covered by separate certificates of
under the laws relative to preferences title desiring to have in lieu thereof a single certificate for the
Rights or liabilities created by law and applicable to whole land, or several certificates for the different parcels thereof,
unregistered land may also file a written request with the Register of Deeds
concerned, and the latter, upon the surrender of the owner's
COMPREHENSIVE AGRARIAN REFORM LAW duplicates, shall cancel them together with their originals,
Landowner may not retain more than 5 hectares and issue in lieu thereof one or separate certificates as
Three hectares may be allowed to each child of the desired.
landowner provided that he is at least 15 years old
and that he is actually tilling the land or directly SUBDIVISION AND CONSOLIDATION PLANS
managing the farm
Any owner subdividing a tract of registered land into lots which do
PUBLIC PATENT not constitute a subdivision project has defined and provided for
Land not subject to any encumbrance or alienation from under P.D. No. 957, shall file with the Commissioner of Land
the date of approval and for the term of 5 years from Registration or with the Bureau of Lands a subdivision plan of
and after the date of issuance of the patent or grant such land on which all boundaries, streets, passageways and
waterways, if any, shall be distinctly and accurately delineated.
OTHER STATUTORY LIENS If a subdivision plan, be it simple or complex, duly approved by the
Alienable lands of the public domain granted or donated Commissioner of Land Registration or the Bureau of Lands
or transferred to a province, municipality, or branch of together with the approved technical descriptions and the
the government shall not be alienated or encumbered corresponding owner's duplicate certificate of title is presented
or otherwise disposed of in a manner affecting its title for registration, the Register of Deeds shall, without requiring
except when authorized by Congress further court approval of said plan, register the same in
accordance with the provisions of the Land Registration Act, as
amended: Provided, however, that the Register of Deeds shall

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 25 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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annotate on the new certificate of title covering the street, the record and is presumed to know every fact which an
passageway or open space, a memorandum to the effect that examination of the record would have disclosed
except by way of donation in favor of the national government, Since it is the act of registration which transfers
province, city or municipality, no portion of any street, ownership of the land sold, it has been held that a
passageway, waterway or open space so delineated on the plan subsequent claimant cannot claim a better right over
shall be closed or otherwise disposed of by the registered owner the land which had been previously registered in the
without the approval of the Court of First Instance of the province name of another.
or city in which the land is situated. A notice of lis pendens serves as a warning to a
prospective purchaser or encumbrancer that the
A registered owner desiring to consolidate several lots into one or particular property is in litigation and that he should
more, requiring new technical descriptions, shall file with the Land keep his hands off the same, unless he intends to
Registration Commission, a consolidation plan on which shall be gamble on the results of the litigation
shown the lots to be affected, as they were before, and as they will
appear after the consolidation. Upon the surrender of the owner's ACT OF REGISTRATION IS THE OPERATIVE ACT TO CONVEY
duplicate certificates and the receipt of consolidation plan duty OR AFFECT REGISTERED LAND
approved by the Commission, the Register of Deeds concerned It is the registration of contracts dealing with registered
shall cancel the corresponding certificates of title and issue a new property in the corresponding Register of Deeds that
one for the consolidated lots. binds or affects third persons
Non-compliance with the formal requirements doesnt
The Commission may not order or cause any change, modification, adversely affect the validity of contract nor the
or amendment in the contents of any certificate of title, or of any contractual rights and obligations of parties
decree or plan, including the technical description therein, Registration is a mere ministerial act by which a deed,
covering any real property registered under the Torrens system, contract or instrument is inscribed in the office of the
nor order the cancellation of the said certificate of title and the Register of Deeds and annotated at the back of the
issuance of a new one which would result in the enlargement of certificate of the title covering the land subject of the
the area covered by the certificate of title. deed, contract or instrument
PD1529 only protects the holder in good faith, and
VIII. VOLUNTARY DEALINGS WITH REGISTERED LANDS cannot be used as a shield against frauds

CONVEYANCE AND OTHER DEALINGS BY REGISTERED OWNER IMPORTANCE OF REGISTRATION
For a transaction as important as the sale of registered
Section 51. An owner of registered land MAY CONVEY, property of land, it may be necessary to keep a record
MORTGAGE, LEASE, CHARGE OR OTHERWISE DEAL WITH THE thereof
SAME IN ACCORDANCE WITH EXISTING LAWS. He may use such
forms of deeds, mortgages, leases or other voluntary instruments REGISTRATION OF DOCUMENT MINISTERIAL ON THE PART
as are sufficient in law. But no deed, mortgage, lease, or other OF THE REGISTER OF DEEDS
voluntary instrument, except a will purporting to convey or affect The purpose of registering an instrument is to give
registered land shall take effect as a conveyance or bind the land, notice thereof to all persons
but shall operate only as a contract between the parties and as It is not intended by the proceedings for registration to
evidence of authority to the Register of Deeds to make seek to destroy or otherwise affect already registered
registration. rights over the land, subsisting or existing at the time of
the registration
The act of registration shall be the operative act to convey or affect The law on registration doesnt require that only valid
the land insofar as third persons are concerned, and in all cases instruments shall be registered
under this Decree, the registration shall be made in the office of If the purpose of registration is merely to give notice,
the Register of Deeds for the province or city where the land lies. then questions regarding the effect or invalidity of the
instruments are expected to be decided after
No voluntary instrument shall be registered by the Register of registration
Deeds, unless the owner's duplicate certificate is presented with An instrument which seeks the reformation of an
such instrument, except in cases expressly provided for in the law extrajudicial settlement of an estate consisting of
(PD 1529) or upon order of the court, for cause shown. registered lands is a voluntary one, and since the duty of
the RD to enter such instrument in his book is purely
From the standpoint of third parties, a property registered under ministerial, his refusal to do so is tantamount to an
the Torrens system remains, for all legal purposes, the property of unlawful neglect in the performance of a duty
the person in whose name it is registered, notwithstanding the resulting from an office, trust or station, and is a proper
execution of any deed of conveyance, unless the corresponding instance where mandamus will lie
deed is registered. Simply put, if a sale is not registered, it is
binding only between the seller and the buyer, but it does not PRESENTATION OF OWNER'S DUPLICATE UPON ENTRY OF
affect innocent third persons. NEW CERTIFICATE

FORM IS IMPORTANT FOR VALIDITY, CONVENIENCE, AND No voluntary instrument shall be registered by the Register of
ENFORCEABILITY Deeds, unless the owner's duplicate certificate is presented
General rule: form is not important for the validity of a with such instrument, except in cases expressly provided for
contract provided there is consent, subject matter and in this Decree or upon order of the court, for cause shown.
cause. This applies only to consensual contracts.
The sale of real estate, whether made as a result of The production of the owner's duplicate certificate, whenever
private transaction or foreclosure of execution sale, any voluntary instrument is presented for registration, shall
becomes legally effective against third parties only from be conclusive authority from the registered owner to the
the date of registration. Register of Deeds to enter a new certificate or to make a
memorandum of registration in accordance with such
DELIVERY AS A MODE OF TRANSMISSION, REAL OR instrument, and the new certificate or memorandum shall be
CONSTRUCTIVE ACTUAL NOTICE EQUIVALENT OF binding upon the registered owner and upon all persons
REGISTRATION claiming under him, in favor of every purchaser for value and
As between the parties to a contract of sale, registration in good faith.
is not necessary to make it valid and effective, for actual
notice is equivalent to registration. In all cases of registration procured by fraud, the owner may
Even without the act of registration, a deed purporting pursue all his legal and equitable remedies against the parties
to convey or affect registered land shall operate as a to such fraud without prejudice, however, to the rights of any
contract between the parties innocent holder for value of a certificate of title. After the
The act of registration shall be the operative act to entry of the decree of registration on the original petition or
convey or affect the land insofar as third persons are application, any subsequent registration procured by the
concerned presentation of a forged duplicate certificate of title, or a
It is the act of registration which creates a constructive forged deed or other instrument, shall be null and void.
notice to the whole world and binds third persons
Absent such registration, a conveyance doesnt affect or DEALINGS LESS THAN OWNERSHIP, HOW REGISTERED.
bind the land
Under the rule on notice, there is a conclusive No new certificate shall be entered or issued pursuant to any
presumption that the purchaser has examined every instrument which does not divest the ownership or title from
instrument of record affecting the title the owner or from the transferee of the registered owners. All
He is charged with notice of every fact shown by the interests in registered land less than ownership shall be
record and is presumed to know every fact shown by registered by filing with the Register of Deeds the instrument
which creates or transfers or claims such interests and by a

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brief memorandum thereof made by the Register of Deeds DISTINCTION BETWEEN VOLUNTARY AND INVOLUNTARY
upon the certificate of title, and signed by him. A similar REGISTRATION
memorandum shall also be made on the owner's duplicate.
The cancellation or extinguishment of such interests shall be INVOLUNTARY
registered in the same manner. VOLUNTARY REGISTRATION
REGISTRATION

GRANTEE'S NAME, NATIONALITY, ETC., TO BE STATED An innocent purchaser for value of
registered land becomes the
An entry thereof
Every deed or other voluntary instrument presented for registered owner and in
attachment, levy,
registration shall contain or have endorsed upon it the full name, contemplation of law the holder of a
notice of lis pendens, etc
certificate of title, the moment he
nationality, residence and postal address of the grantee or other in the
presents and files a duly notarized
person acquiring or claiming an interest under such instrument, day book is sufficient
and valid deed of sale and the same
and every deed shall also state whether the grantee is married or notice to all
is entered in the day book and at the
unmarried, and if married, the name in full of the husband or wife. persons even if the
same time he surrenders or
If the grantee is a corporation or association, the instrument owners
presents the owners duplicate
must contain a recital to show that such corporation or duplicate certificate of title
certificate of title covering the land
association is legally qualified to acquire private lands. Any isnt
sold and pays the registration fees,
change in the residence or postal address of such person shall be presented to the RD
because what needs to be done lies
endorsed by the Register of Deeds on the original copy of the not within his power to perform
corresponding certificate of title, upon receiving a sworn
statement of such change. All names and addresses shall also be
entered on all certificates. In voluntary registration, such as a sale, mortgage, lease and the
like, if the owner's duplicate certificate be not surrendered and
Notices and processed issued in relation to registered land in presented or if no payment of registration fees be made within
pursuance of this Decree may be served upon any person in fifteen (15) days, entry in the day book of the deed of sale does not
interest by mailing the same to the addresses given, and shall be operate to convey and affect the land sold. In involuntary
binding, whether such person resides within or without the registration, such as an attachment, levy upon execution, lis pendens
Philippines, but the court may, in its discretion, require further or and the like, entry thereof in the daybook is a sufficient notice to all
other notice to be given in any case, if in its opinion the interest of persons of such adverse claim.
justice so requires.
CONVEYANCE AND TRANSFERS
PRIMARY ENTRY BOOK; FEES; CERTIFIED COPIES.
PROCEDURE IN REGISTRATION OF CONVEYANCES
Each Register of Deeds shall keep a primary entry book in which,
upon payment of the entry fee, he shall enter, in the order of their An owner who desires to convey the land covered by his
reception, all instruments including copies of writs and processes title to another shall execute the proper deed of
filed with him relating to registered land. He shall, as a preliminary conveyance, in proper form, and present the same,
process in registration, note in such book the date, hour and together with the owners duplicate certificate to the RD
minute of reception of all instruments, in the order in which they from entry and registration
were received. They shall be regarded as registered from the time The RD shall enter in the registration book the fact of
so noted, and the memorandum of each instrument, when made conveyance and prepare a new certificate of title in the
on the certificate of title to which it refers, shall bear the same name of the grantee, the owners duplicate of which
date: Provided, that the national government as well as the shall be delivered to him
provincial and city governments shall be exempt from the The RD shall note the date of conveyance, volume and
payment of such fees in advance in order to be entitled to entry page of the registration book in which the certificate is
and registration. registered, and a reference by number to the last
preceding certificates
Every deed or other instrument, whether voluntary or
involuntary, so filed with the Register of Deeds shall be numbered PROCEDURE WHERE ONLY PORTIONS OF LAND ARE
and indexed and endorsed with a reference to the proper CONVEYED
certificate of title. All records and papers relative to registered
land in the office of the Register of Deeds shall be open to the The RD shall not issue any Transfer Certificate of Title
public in the same manner as court records, subject to such to the grantee until a plan of such land showing the
reasonable regulations as the Register of Deeds, under the portion or portions into which it has been subdivided
direction of the Commissioner of Land Registration, may and the corresponding technical descriptions shall have
prescribe. been verified and approved
The deed of conveyance may in the meanwhile be
All deeds and voluntary instruments shall be presented with their annotated by way of memorandum on the grantors
respective copies and shall be attested and sealed by the Register certificate of title, which shall serve as notice to third
of Deeds, endorsed with the file number, and copies may be persons on the fact of conveyance to show and
delivered to the person presenting them. recognize the grantees title to the portion thus
conveyed pending actual issuance to him of the
Certified copies of all instruments filed and registered may also be corresponding transfer certificate of title
obtained from the Register of Deeds upon payment of the Upon approval of the plan and technical descriptions of
prescribed fees. the specific portions into which the land has been
subdivided, the same shall be filed with the office of the
The primary entry book or day book is a record of all RD for annotation on the corresponding certificate of
instruments, including copies of writs and processes, affecting title
registered lands, which are entered by the RD in the order of The RD shall issue a new Transfer Certificate of Title to
their filing, upon payment of the proper fees the grantee for the portion conveyed to him upon
The recording is a preliminary process in registration and shall cancellation of the grantors certificate as to said
note the date, hour, and minute of receipt of said instruments portion
An instrument shall be regarded as registered only from the time But if the grantor so desires, his certificate of title may
it is noted be totally cancelled and a new one issued to him for the
Every deed of instrument shall be numbered and endorsed by the remaining portion of the land
RD with proper reference to the certificate of title Pending approval of the plan, no further registration or
All records and papers relative to registered land shall be open for any annotation of any deed or voluntary instrument
examination by the public, subject to such reasonable regulations affecting the unsegregated portion shall be made by the
as the RD may prescribe RD except where such portion was purchased from the
All deeds and voluntary instruments and copies thereof shall be government or any of its instrumentalities
attested and sealed with the RD and copies with the corresponding
file number shall be delivered to the person presenting them CARRYING OVER OF ENCUMBRANCES IN NEW
CERTIFICATE

Whenever registered land is conveyed, all subsisting
encumbrances or annotations appearing in the
registration book and noted on the certificate of title
shall be carried over and noted on the new certificate of
title except where said encumbrances or annotations
are simultaneously released or discharged

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 27 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
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MORTGAGES AND LEASES WHAT IS FORECLOSURE?

Section 60. Mortgage or lease of registered land. Mortgage and Process by which a mortgagee acquires an absolute title to the
leases shall be registered in the manner provided in Section 54 of property of which he had previously been the conditional owner,
this Decree. The owner of registered land may mortgage or lease it or upon which he had previously a mere lien or encumbrance
by executing the deed in a form sufficient in law. Such deed of
mortgage or lease and all instruments which assign, extend, SECTION 63. FORECLOSURE OF MORTGAGE.
discharge or otherwise deal with the mortgage or lease shall be
registered, and shall take effect upon the title only from time of If the mortgage was foreclosed judicially, a certified copy of the
registration. final order of the court confirming the sale shall be registered with
the Register of Deeds. If no right of redemption exists, the
No mortgagee's or lessee's duplicate certificate of title shall certificate of title of the mortgagor shall be canceled, and a new
hereafter be issued by the Registers of Deeds, and those issued certificate issued in the name of the purchaser.
prior to the effectivity of this Decree are hereby deemed canceled
and the holders thereof shall immediately surrender the same to Where the right of redemption exists, the certificate of title of
the Register of Deeds concerned. the mortgagor shall not be canceled, but the certificate of sale and
the order confirming the sale shall be registered by a brief
ESSENCE OF MORTGAGE memorandum thereof made by the Register of Deeds upon the
certificate of title. In the event the property is redeemed, the
Section 61. Registration. Upon presentation for registration of the certificate or deed of redemption shall be filed with the Register of
deed of mortgage or lease together with the owner's duplicate, the Deeds, and a brief memorandum thereof shall be made by the
Register of Deeds shall enter upon the original of the certificate of Register of Deeds on the certificate of title of the mortgagor.
title and also upon the owner's duplicate certificate a
memorandum thereof, the date and time of filing and the file If the property is not redeemed, the final deed of sale executed
number assigned to the deed, and shall sign the said by the sheriff in favor of the purchaser at a foreclosure sale shall
memorandum. He shall also note on the deed the date and time of be registered with the Register of Deeds; whereupon the title of
filing and a reference to the the mortgagor shall be canceled, and a new certificate issued in the
volume and page of the registration book in which it is registered. name of the purchaser.

A property has been identified or set apart from the (b) If the mortgage was foreclosed extrajudicially, a certificate
mass of property of the debtor-mortgagor as security of sale executed by the officer who conducted the sale shall be filed
for the payment of money or the fulfillment of with the Register of Deeds who shall make a brief memorandum
obligation to answer the amount of indebtedness, in thereof on the certificate of title.
case of default of payment
In the event of redemption by the mortgagor, the same rule
RECORDED MORTGAGE IS A RIGHT IN REM provided for in the second paragraph of this section shall apply.

Recording puts the whole world on constructive notice In case of non-redemption, the purchaser at foreclosure sale
of its existence and warns everyone who deals shall file with the Register of Deeds, either a final deed of sale
thereafter with the property on which it was executed by the person authorized by virtue of the power of
constituted that he would have reckon with that attorney embodied in the deed of mortgage, or his sworn
encumbrance statement attesting to the fact of non-redemption; whereupon, the
A mortgage is a secondary contract Register of Deeds shall issue a new certificate in favor of the
purchaser after the owner's duplicate of the certificate has been
EFFECT OF LIS PENDENS previously delivered and canceled.

A notice of lis pendens is an announcement to the whole POWER OF ATTORNEY; TRUST
world that a particular real property is in litigation and
serves as a warning that one who acquires an interest A special power of attorney refers to the clear mandate specifically
over said property does so at his own risk, so that he authorizing the performance of an act, and must therefore be
gambles on the results of the litigation over said distinguished from an agency couched in general terms
property
It has been held that any subsequent lien or annotation When a piece of land or any interest therein is through an agent,
at the back of the certificate of title cannot in any way the authority of the latter shall be in writing, otherwise the sale
prejudice the mortgage previously registered, and the shall be void
lots subject thereto pass to the purchaser at a public
auction sale free from any lien or encumbrance A special power to sell excludes the power to mortgage, and a
special power to mortgage doesnt include the power to sell
UNRECORDED SALE OF A PRIOR DATE VS. RECORDED
MORTGAGE ON A LATER DATE TRUST, DEFINED
The unrecorded sale of prior date is preferred
If the original owner had parted with his ownership of A trust is a fiduciary relationship with respect to property, which
the thing sold then he no longer had the ownership and involves the existence of equitable duties imposed upon the holder
free disposal of that thing so as to be able to mortgage it of the title to the property to deal with it for the benefit of another
again
A person who establishes a trust is called the trustor while the one
RIGHTS OF SECOND MORTGAGE whose confidence is reposed is the trustee, and the person for
Right to repurchase the subject property whose benefits the trust has been created is referred to as the
Apply to the payment of its credit the excess of the beneficiary
proceeds of the sale after the payment of the credit of
the first mortgagee It is the right to the beneficial enjoyment of property, the legal title
to which is vested in another
EFFECT OF MORTGAGE IF TORRENS TITLE IS NULLIFIED
That the certificate of title issued is a nullity is not in NO TRUST CAN RESULT IN FAVOR OF A PARTY WHO IS GUILTY
question but whether the mortgagee is entitled to the OF FRAUD OR VIOLATES PUBLIC POLICY
protection accorded to an innocent purchaser for value,
which includes one who is an innocent mortgagee for There can be no implied trust where the purchase is made in
value violation of an existing statute and in evasion of its express
If there was no fraud, negligence, or whatnot on the part provision, since no trust can result in favor of the party who is
of the mortgagee regarding the certificate which was guilty of the fraud
later on nullified, then he would be deemed to be an
innocent mortgagee for value, with the corresponding NO PARTICULAR FORM REQUIRED BY LAW WITH REGARD
rights relating to him TRUSTS PRESCRIPTIVE PERIOD
Ten years from the repudiation of the trust
SECTION 62. DISCHARGE OR CANCELLATION It is ten years because just as a resulting trust is an
offspring of the law, so is the corresponding obligation
A mortgage or lease on registered land may be discharge or to convey the property and title thereto to the true
canceled by means of an instrument executed by the mortgage or owner.
lessee in a form sufficient in law, which shall be filed with the Reckoning point of repudiation is from the moment his
Register of Deeds who shall make the appropriate memorandum possession thereof becomes adverse
upon the certificate of title.

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TRUSTS, HOW EXPRESSED AND REGISTERED 11. If it is judicial foreclosure, you register the order of the court
confirming the sale. If it is extrajudicial foreclosure, you
If a deed or other instrument is filed in order to transfer registered register the order of the sheriff.
land in trust, or upon any equitable condition or limitation 12. For implied trusts, read the case of Aznar Brothers. It has two
expressed therein, or to create or declare a trust or other equitable kindsresulting trust and constructive trust. If it is an
interests in such land without transfer, the particulars of the trust, implied resulting trust, prescriptive period is 10 years from
condition, limitation or other equitable interest shall not be time of repudiation.
entered on the certificate but only a memorandum thereof shall be 13. It is dependent on the facts and circumstances of the case on
entered by the words in trust, or upon condition, or other apt whether who would have a better right, the owner or the
words, and by a reference by number to the instrument mortgagee. But generally, when it is through a forged deed,
authorizing or creating the same then the owner would have a better right over the property.
The forged deed is a nullity. On the other hand, when there is
A similar instrument shall be made upon the original instrument chain of title, the innocent purchaser in value would have a
creating or declaring the trust or other equitable interest with a better right.
reference by number to the certificate of title to which it relates 14. Doctrine of mortgagee in good faith. If the property is
and to the volume and page in the registration book in which it is mortgaged to an innocent mortgagee, it is possible that he
registered would have a better right over the property than the real
owner.
No instrument which transfers, mortgages, or in any way deals 15. Even if the title is null and void, there is still validity of the
with registered land in trust shall be registered, unless the mortgage. The mortgagee has a right to rely on the title,
enabling power thereto is expressly conferred in the trust provided there is nothing that would arise suspicion on the
instrument or unless a final judgment or order of court of part of the mortgagee.
competent jurisdiction has construed the instrument in favor of
the power, in which case a certified copy of such judgment or IX. INVOLUNTARY DEALINGS
order may be registered
SECTION 69. ATTACHMENTS. An attachment, or a copy of
IF A NEW TRUSTEE OF REGISTERED LAND IS APPOINTED BY any writ, order or process issued by a court of record,
THE COURT, A NEW CERTIFICATE MAY BE ISSUED TO HIM intended to create or preserve any lien, status, right, or
UPON PRESENTATION TO THE RD OF A CERTIFIED COPY OF attachment upon registered land, shall be filed and registered
THE ORDER OR JUDICIAL AGREEMENT AND THE SURRENDER in the Registry of Deeds for the province or city in which the
FOR CANCELLATION OF THE DUPLICATE CERTIFICATE land lies, and, in addition to the particulars required in such
papers for registration, shall contain a reference to the
REGISTRATION OF CLAIM BASED ON IMPLIED TRUST number of the certificate of title to be affected and the
registered owner or owners thereof, and also if the
For the protection of persons claiming an interest in registered attachment, order, process or lien is not claimed on all the
land by reason of an implied trust, he should file with the RD a land in any certificate of title a description sufficiently
sworn statement accurate for identification of the land or interest intended to
Containing the description of the land be affected. A restraining order, injunction or mandamus
The name of the registered owner issued by the court shall be entered and registered on the
A reference to the number of the certificate of title certificate of title affected, free of charge.

NOTES ON VOLUNTARY DEALINGS IN LAND TITLES AND NATURE OF ATTACHMENT
DEEDS
Legal process of seizing anothers property in accordance with
1. Sale, mortgage, lease, special power of attorney and trusts a writ or judicial order for the purpose of securing satisfaction
are examples of voluntary dealings. They are entered of a judgment yet to be rendered
voluntarily by the parties. Unlike an involuntary dealings, the Writ of attachment is used primarily to seize the debtors
owner doesnt want the transaction to be registered. The property to seize the debtors property in order to secure the
owner wouldnt want his property be subject of an debt or claim of the creditor in the event that a judgment is
attachment, adverse claim or notice of lis pendens. rendered
2. Registration is the necessary act for the transaction to bind Jurisprudence: a party who delivers a notice of attachment to
third parties. the RD and pays the corresponding fees has a right to presume
3. Actual knowledge is equivalent to registration. Registration that the official would perform his duty properly
is to give notice. If the person knows about the transaction, it In involuntary registration, entry thereof in the daybook is
is deemed that the transaction has been registered. sufficient notice to all persons of such adverse claim. The
4. Registration should be done in the correct registry. If it is a notice of course has to be annotated at the back of the
titled property, there is a separate book for titled property. If corresponding original certificate of title, but this is an official
it is a dealing with unregistered property, there is a different duty of the RD, which may be presumed to have been
book for unregistered land. If you register in a different book, regularly performed
there is no registration that is valid as against third persons. DBP v. Acting Registry of Deeds: current doctrine thus seems
5. The constructive notice mentioned in PD1959 is conclusive. to be that entry alone produces the effect of registration,
6. There is a distinction with regard voluntary and involuntary whether the transaction entered is a voluntary or involuntary
dealings with the effectivity of registration. With involuntary one, so long as the registrant has complied with all that is
dealings, once there is entry in the day book and paid the required of him for purposes of entry and annotation, and
needed fees and taxes, the RD issues the new title and cancels nothing more remains to be done but a duty incumbent solely
the old one. Once there is compliance, the transaction is on the Registry of Deeds
considered registered. With voluntary dealings, entry in the Section 69 states that an attachment or any writ, order or
daybook is insufficient. process intended to create or preserve any lien upon
7. Mere entry in the day book/primary book is sufficient. It is registered land shall be filed and registered in the RD and
often times that owners dont want to surrender their shall contain a reference to the number of the certificate of
owners duplicate. title to be affected, the registered owner thereof and a
8. Carry-over of encumbrances. Suppose that you purchase description of the land or interest therein
property and there was prior mortgages and notice of lis
pendens. These encumbrances will be carried over to the GROUNDS UPON WHICH ATTACHMENT MAY ISSUE
new certificate issued to the buyer. (Section 1, Rule 57 of the Rules of Court)
9. Can you sell only a portion of your property? You can have it
annotated. But if the buyer would like a separate title, then At the commencement of the action or at any time before
he should submit a subdivision plan, there should be a entry of judgment, a plaintiff or proper party may have the
technical description. The old title would be cancelled and a property of the adverse party attached as security for the
new title issued covering the portion sold. satisfaction of any judgment that may be recovered in, among
10. Basically the procedure of registration for voluntary dealings others, the following cases:
can be categorized into twoif it is an absolute sale or
mortgage. If it is a sale, the deed of sale and title should be In an action to recover the possession of property unjustly or
submitted. There should also be proof of payment of real fraudulently taken, detained or converted, when the property
estate taxes as well as registration fees and documentary or any part thereof, has been concealed, removed or disposed
stamp taxes. With that, the Registry of Deeds shall make the of, to prevent its being found or taken by the applicant or an
corresponding entry that will cancel the old certificate of title authorized person
and issue a new one in favor of the buyer. If it In an action against a party who has been guilty of fraud in
is merely an encumbrance however, the document shall only contracting the debt or incurring an obligation upon which the
be presented to the RD, payment of the corresponding action is brought, or in the performance thereof
amount and the corresponding annotation done by the RD is In an action against a party who has removed or disposed of
notice to third persons. his property, or is about to do so, with intent to defraud his

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creditors A PRELIMINARY ATTACHMENT may be validly surrendered, could be registered as an adverse claim and the
applied for and granted ex parte before a defendant is owner couldnt be compelled to surrender the owners
summoned since the phrase at the commencement of action duplicate of the title to that adverse claim could be annotated
refers to the date of the filing of the complaint and before the thereon
summons is served on the defendant. If the adverse claim turns out to be invalid, the owner could
ask for its cancellation and, if found to be frivolous or
REGISTRATION OF ATTACHMENT, WRITS, AND RELATED vexatious, then costs may be adjudged against the adverse
PROCESSES claimant.
The claim of a person that she has hereditary rights in the land
An attachment, or copy of writ, order or process issued by the fraudulently registered in his sisters name, because the land
court intended to create or preserve any lien, status, right or belonged to their mother whose estate is pending settlement
attachment upon registered land shall be filed and registered in in a special proceeding, is registrable as an adverse claim
the RD for the province or city where the land lies, and in addition Where a guardianship proceeding is pending in court, it is
to the particulars required in such papers for registration, shall proper to annotate on the title of the land in question the
contain a reference to the number of the certificate of title affected pendency of such a proceeding by means of a notice of lis
and the registered owner or owners thereof, and also, if pendens for the purpose of alerting anyone who might wish to
the attachment, order, process or lien is not claimed on all the land buy the land that his purchase may be questioned later on.
in any certificate of title, a description sufficiently accurate for Since an adverse claim and a notice of lis pendens have the
identification of the land or interest intended to be affected same purpose, there would be no need of maintaining the
A restraining order, injunction, or mandamus issued by the court adverse claim. But a notice of levy
shall be entered or registered on the certificate of title affected, cannot prevail over an existing adverse claim inscribed in the
free of charge certificate of title
The annotation of an adverse claim is a measure designed to
KNOWLEDGE OF A PRIOR UNREGISTERED INTEREST IS protect the interest of a person over a piece of real property
EQUIVALENT TO REGISTRATION where the registration of such interest or right isnt otherwise
provided for by PD1529, and serves as a notice and warning to
In case of conflict between a vendee and an attaching creditor, an third persons dealing with said property that someone is
attaching creditor who registers the order of attachment and the claiming an interest on the same or a better right than the
sale of property to him as the highest bidder acquires a valid title registered owner thereof
to the property, as against a vendee who had previously bought FOR THE SPECIAL REMEDY OF ADVERSE CLAIM TO BE
the same property from the registered owner but who failed to AVAILED OF, IT MUST BE SHOWN THAT THERE IS NO
register his deed of sale OTHER PROVISION IN THE LAW FOR REGISTRATION OF
Registration is the operative act that binds or affects the land THE CLAIMANTS ALLEGED RIGHT IN THE PROPERTY.
insofar as third persons are concernednotice to the whole world An adverse claim of ownership over a parcel of land
But where a party has knowledge of a prior existing interest, registered under the Torrens system based on prescription
which is unregistered at the time he acquired a right to the same and adverse possession cannot be registered as an adverse
land, his knowledge of that prior unregistered interest has the claimno title to registered land in derogation of the title
effect of registration as to him. Knowledge of an unregistered sale of the registered owner shall be acquired by prescription or
is equivalent to registration adverse possession. Hence, the registration of such adverse
claim will serve no useful purpose and cannot validly and
DISCHARGE OF ATTACHMENT legally affect the parcel of land in question.

An attachment may be discharged upon giving a counterclaim REQUISITES OF AN ADVERSE CLAIM
or on the ground that the same was improperly or irregularly The adverse claimant must state the following in writing
issued or enforced, or that the bond is insufficient o His alleged right or interest
By the dissolution of an attachment levied on the defendants o How and under whom such alleged right or
property, through the filing of the bond, the released property interest is acquired
becomes free and no longer liable to the results of the proceeding o The description of the land in which the right
in which it was attached. Consequently, the act of the defendant, or interest is claimed
whose property has been attached, in mortgaging the released o The number of the certificate of title
property to a third person, is not a conveyance in fraud of The statement must be signed and sworn to before a notary
creditors, since the transaction is legal and valid, and since the public or other officer authorized to administer oath
presumption of fraud doesnt arise when there is security in favor The claimant should state his residence or the place to which
of the creditor all notices may be served upon him

ADVERSE CLAIM FORECLOSURE SALE RETROACTS TO REGISTRATION OF
MORTGAGE
Purpose of annotating the adverse claim on the title of the The settled doctrine is that the effects of a foreclosure sale
disputed land is to apprise third persons that there is a retroact to the date of registration of the mortgage.
controversy over the ownership of the land and to preserve and Hence, if the adverse claim is registered only after the
protect the right of the adverse claimant during the pendency of annotation of the mortgage at the back of the certificate of
the controversy title, the adverse claim could not effect the rights of the
Notice to third persons that any transaction regarding the mortgagee; and the fact that the foreclosure of the mortgage
disputed land is subject to the outcome of the dispute and the consequent public auction sale have been effected
Such is registered by filing a sworn statement with the RD of the long after the annotation of the adverse claim is of no moment,
province where the property is located, setting forth the basis of because the foreclosure sale retroacts to the date of
the claimed right together with other data pertinent thereto. The registration of the mortgage.
registration of an adverse claim is expressly recognized under

Section 70. Where the notice of adverse claim is sufficient in law SURRENDER OF CERTIFICATE IN INVOLUNTARY
and drawn up in accordance with existing requirements, it DEALINGS
becomes the ministerial duty of the RD to register the instrument
without unnecessary delay Section 71. Surrender of certificate in involuntary dealings. If an
attachment or other lien in the nature of involuntary dealing in
While the act of registration is the operative act which conveys or registered land is registered, and the duplicate certificate is not
affects the land insofar as third persons are concerned, the presented at the time of registration, the Register of Deeds shall,
subsequent sale of property covered by a certificate of title within thirty-six hours thereafter, send notice by mail to the
CANNOT PREVAIL OVER AN ADVERSE CLAIM, duly sworn to and registered owner, stating that such paper has been registered, and
annotated on the certificate of title previous the sale requesting him to send or produce his duplicate certificate so that a
Section 70 is divided into two partsfirst refers to the petition of memorandum of the attachment or other lien may be made thereon.
the party who claims any part or interest in the registered land, If the owner neglects or refuses to comply within a reasonable time,
arising subsequent to the date of the original registration, for the the Register of Deeds shall report the matter to the court, and it
registration of his adverse claim, which is a ministerial function of shall, after notice, enter an order to the owner, to produce his
the Register of Deeds absent any defect on the face of the certificate at a time and place named therein, and may
instrument. The second refers to the petition filed in court by a enforce the order by suitable process.
party in interest for the cancellation of the adverse claim upon
showing the same isinvalid. COURT MAY COMPEL SURRENDER OF CERTIFICATE OF TITLE
AS AN INCIDENT IN THE MAIN CASE
REGISTRATION OF ADVERSE CLAIM RD is authorized to require the registered owner to
produce the owners duplicate certificate in order that
A lease over a parcel of land for a 10-year period, which could an attachment or other lien in the nature of involuntary
not be registered because the owners duplicate of title wasnt dealing, may be annotated thereon

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If the owner refuses or neglects to comply within reasonable NATURE OF LIS PENDENS
time, he shall report such fact to the proper RTC which shall, Lis pendens literally means a pending suit
after notice, direct the owner to produce his certificate at a Doctrine that refers to the jurisdiction, power or control
time and place specified in its order which a court acquires over a property involved in a
suit, pending the continuance of the action, until final
MORTGAGE LIEN FOLLOWS MORTGAGED PROPERTY judgment

Any lien annotated on the previous certificates of title, which PURPOSE OF LIS PENDENS
subsists should be incorporated in or carried over to the new To protect the rights of the party causing the
transfer certificate of title. This is true even in the case of a registration of the lis pendens
real estate mortgage because pursuant to Article 2126 of the To advise third persons who purchase or contract on
Civil Code, the mortgage directly and immediately subjects the the subject property that they do so at their peril and
property whoever the possessor may be, to the fulfillment of subject to the result of the pending litigation
the obligation for whose security it was constituted
It is inseparable from the property mortgaged as it is a right in May involve actions that deal not only with title or possession
rema lien on the property whoever its owner may be. of a property but also with the use and occupation of a
property
The litigation must directly involve a specific property which
DISSOLUTION OF ATTACHMENT is necessarily affected by the judgment
The notice of lis pendens is a notice to the whole world that a
Where an attachment or lien is maintained, or discharged or particular real property is in litigation. The inscription serves
dissolved by any method provided by law, the certificate or as a warning that one who acquires interest over litigated
instrument for the purpose shall be registered to give effect property does so at his own risk, or that he gambles on the
thereof result of the litigation over the property
If the attachment or lien is maintained, discharged or dissolved by A purchaser who buys registered land with full notice of the
the order of the court, a certificate of the Clerk of Court as to the fact that it is in litigation between the vendor and third party
entry of such order shall also be registered stands in the shoes of his vendor and his title is subject to the
incidents and results of the pending litigation
PURPOSE OF REGISTRATION
THE FILING OF LIS PENDENS IN EFFECT
Purpose is to notify third persons who may be affected in their Keeps the subject matter of litigation within the power
dealings with respect to such property of the court until entry of final judgment so as to
The RD may properly deny the inscription of an order of prevent the defeat of the latter by successive alienations
attachment or levy of execution where the title to the property is Binds the purchaser of the land subject of the litigation
not in the name of the judgment debtor but of another person, and to the judgment or decree that will be promulgated
no evidence has been submitted that he has any interest in the thereon whether such purchaser is a bona fide
property purchaser or not
Doesnt create a non-existent right or lien
REGISTRATION OF ORDERS OF COURT Purpose of this rule is founded on public policy and
necessity
If an attachment is continued, reduced, dissolved, or otherwise
affected by an order, decision or judgment of the court where the EFFECT OF SUCH NOTICE
action or proceedings in which said attachment was made is It keeps the subject matter of the litigation within the
pending or by an order of a court having jurisdiction thereof, a power of the court until the entry of final judgment so
certificate of the entry of such order, decision or judgment from as to prevent the defeat of the latter by successive
the clerk of court or the judge by which such decision, order or alienations
judgment has been rendered and under the seal of the court, shall It binds the purchaser of the land subject of the
be entitled to be registered upon presentation to the Register of litigation to the judgment or decree that will be
Deeds. promulgated thereon whether such purchaser is a bona
fide purchaser or not
ENFORCEMENT OF LIENS ON REGISTERED LAND
It is not correct to speak of it as part of the doctrine of notice, the
Whenever registered land is solved on execution, or taken or sold purchaser pendent elite is affected not by notice but because the law
for taxes or for any assessment or to enforce a lien of any doesnt allow litigating parties to give to others, pending the
character, or for any costs and charges incident to such liens, any litigation, rights to the property in dispute so as to prejudice the
execution or copy of execution, any officer's return, or any deed, other party
demand, certificate, or affidavit, or other instrument made in the
course of the proceedings to enforce such liens and required by NOTICE IS ONLY AN INCIDENT IN THE MAIN CASE; MERITS
law to be recorded, shall be filed with the Register of Deeds of the THEREOF UNAFFECTED
province or city where the land lies and registered in the A notice of lis pendens is ordinarily recorded without
registration book, and a memorandum made upon the proper the intervention of the court where the action is
certificate of title in each case as lien or encumbrance. pending
It is but an incident in an action, an extrajudicial one. It
APPLICATION FOR NEW CERTIFICATE UPON EXPIRATION OF doesnt affect the merits thereof.
REDEMPTION PERIOD
NOTICE NEED NOT BE ANNOTATED ON THE OWNERS COPY
Upon the expiration of the time, if any, allowed by law for Annotation at the back of the original copy of the
redemption after registered land has been sold on execution taken certificate of title on file with the RD is sufficient to
or sold for the enforcement of a lien of any description, except a constitute constructive notice to purchasers or other
mortgage lien, the purchaser at such sale or anyone claiming persons subsequently dealing with the same property
under him may petition the court for the entry of a new certificate One who deals with property subject of a notice of lis
of title to him. pendens cannot invoke the right of a purchaser in good
faithneither can he acquire the rights better than
Before the entry of a new certificate of title, the registered owner those of his predecessor-in-interest
may pursue all legal and equitable remedies to impeach or annul
such proceedings. NOTICE OF LIS PENDENSWHEN APPROPRIATE
Action to recover possession of real property
NOTICE OF LIS PENDENS Action to quiet title thereto
Action to remove cloud thereon
No action to recover possession of real estate, or to quiet title Action for partition
thereto, or to remove clouds upon the title thereof, or for partition, Any other proceedings of any kind in court directly
or other proceedings of any kind in court directly affecting the title affecting the title to the land or the use or occupation
to land or the use or occupation thereof or the buildings thereon, thereof or the buildings thereon
and no judgment, and no proceeding to vacate or reverse any
judgment, shall have any effect upon registered land as against NOTICE NOT PROPER IN THE FOLLOWING
persons other than the parties thereto, unless a memorandum or Preliminary attachments
notice stating the institution of such action or proceeding and the Proceedings for the probates of wills
court wherein the same is pending, as well as the date of the Levies on execution
institution thereof, together with a reference to the number of the Proceedings for the administration of estate of deceased
certificate of title, and an adequate description of the land affected persons
and the registered owner thereof, shall have been filed and Proceedings in which the only subject is the recovery of
registered. a money judgment

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CONTENTS OF NOTICE OF LIS PENDENS That an omission or error was made in entering a certificate
A statement of the institution of an action or or any memorandum thereon, or, on any duplicate certificate;
proceedings or
The court where the same is pending That the same or any person on the certificate has been
The date of its institution changed; or
A reference to the number of certificate of title of the That the registered owner has married, or,
land If registered as married, that the marriage has been
An adequate description of the land affected and its terminated and no right or interests of heirs or creditors will
registered owner thereby be affected; or
That a corporation, which owned registered land and has been
PRINCIPLE OF PRIMUS TEMPORE, POTIOR JURE; EFFECT OF dissolved has not convened the same within three years after
LIS PENDENS its dissolution; or upon any other reasonable ground;

The principle of primus tempore, potior jure gains JUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26
greater significance in the law on double sale of
immovable property Republic Act 26: An Act Providing a Special Procedure For The
Reliance on the principle of constructive notice Reconstitution of Torrens Certificate of Titles Lost or
operates only such upon the registration of the notice of Destroyed
lis pendens Reconstitution of title is an action in rem
More fundamentally, a notice of lis pendens is only a A judicially reconstituted title has the same validity and legal
warning to the prospective purchaser or encumbrancer effect as the original thereof, and isnt subject to the
that the particular property is in litigation and that he reservation that it shall be without prejudice to any party
should keep his hands off the same, unless he intends to whose right or interest in the property was duly noted in the
gamble on the results of the litigation original at the time of loss or destruction but which entry or
notation hasnt been made on the reconstituted title
CARRY OVER OF NOTICE ON SUBSEQUENT TITLES The limitation that reconstitution of title should be limited to
In case of subsequent transfers or sales, the RD is duty the certificate as it stood at the time of its loss or destruction
bound to carry over the notice of lis pendens on all titles has reference only to changes which alter or affect title of the
to be issued registered owner and not to mere liens and other
Act of RD in erasing notice of lis pendens is in plain encumbrances
violation of his duty, constitutes misfeasance in the
performance of his duties for which he may be held RECONSTITUTION DENOTES RESTORATION OF THE LOST
civilly and even criminally liable for any prejudice TITLE IN ITS ORIGINAL FORM AND CONDITION
caused to innocent third persons and cannot affect Purpose is to have it reproduced, after observing the
those who are protected by the notice inscribed in the procedure prescribed by law in the same form they where
original title when the loss or destruction occurred
The fact that the title to the land was lost doesnt mean that
CANCELLATION OF LIS PENDENS the lot ceased to be a registered land before the reconstitution
of its title
Ordinarily a notice which has been filed in a proper case cannot be As the subject land didnt cease to be titled, it cannot be
cancelled while the action is pending and undetermined, except in acquired by acquisitive prescription
cases expressly provided for by statute Reconstitution is proper only when it is satisfactorily shown
It may be cancelled upon order by the court or upon action by the that the title sought to be reconstituted is lost or no longer
Register of Deeds at the instance of the party who caused the available
registration of the notice Where the petition for reconstitution wasnt to restore a lost
While the trial court has inherent power to cancel a notice of lis registered certificate of title but to re-register and issue a new
pendens, such power is exercised under express provisions of law: certificate in the names of petitioner and her deceased
o If the annotation was for the purpose of molesting the husband, in lieu of one originally registered in the names of
title of the adverse party other persons, the petition should be denied without prejudice
o When the annotation isnt necessary to protect the title to the right of the
of the party who caused it to be recorded parties to take the necessary action under Section 51 and 53
of PD1529
X. PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION Republic Act 26 provides for special procedure for the
reconstitution of torrens certificate of title that are missing
REMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD and not fictitious titles which are existing. Where a certificate
of title over a parcel of land was reconstituted judicially and
In case the person in possession of the owners duplicate later it was found that there existed a previous certificate of
certificate refuses or fails to surrender the same to the RD so that title covering the same land in the name of another person, the
any involuntary or voluntary instrument may be registered and a court ruled that the existence of the prior title ipso facto
certificate issued, the party in interest may file a petition in court nullified the reconstitution proceedings
to compel the surrender of the same to the RD
The court after hearing may order the registered owner or any SOURCES OF RECONSTITUTION ORIGINAL CERTIFICATES OF
person withholding the duplicate certificate and direct the entry of TITLE
a new certificate or memorandum upon such surrender The owners duplicate certificate of title
If the person withholding the certificate is not amenable to the The co-owners, mortgagees, or lessees duplicate certificate
process of the court, or if for any reason the certificate cannot be of title
delivered, the court may order the annulment of said certificate A certified copy of the certificate of title, previously issued by
and the issuance of a new certificate of title in lieu thereof the RD or by a legal custodian thereof
Such new certificate and all duplicates thereof shall contain a An authenticated copy of the decree of registration or patent,
memorandum of the annulment of the outstanding duplicate as the case may be, pursuant to which the original certificate
of title was issued
AUTHORITY OF COURT TO ORDER THE SURRENDER OF A document, on file with the RD, by which the property, the
OWNERS DUPLICATE CERTIFICATE description of which is given in said document, is mortgaged,
leased, or encumbered, or an authenticated copy of said
In order that the court may order the registered owner to document showing that its original has been registered
surrender his owners duplicate, it has to determine upon the Any other document which, in the judgment of the court is
evidence presented by the parties whether the registered owner sufficient and proper basis for reconstituting the lost or
had been lawfully divested of his title thereto destroyed certificate of title
That of course requires and involves of the determination of the
question of title to the registered property FOR TRANSFER CERTIFICATE OF TITLE
Section 107 doesnt constitute a reopening of the decree entered The owners duplicate certificate of title
as a result of proceedings in rem for the confirmation of imperfect The co-owners, mortgagees, or lessees duplicate certificate
title under said act, it cannot be deemed to contravene the purpose of title
or aim of the Torrens system. A certified copy of the certificate of title, previously issued by
the RD or by a legal custodian thereof
WHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION The deed of transfer or other document, on file in the RD,
OF CERTIFICATE containing a description of the property, or an authenticated
copy thereof, showing that its original had been registered,
Whether vested, contingent, expectant or inchoate appearing on and pursuant to which the lost or destroyed transfer
the certificate, have terminated and ceased; or certificate of title was issued
That new interest not appearing upon the certificate have arisen A document, on file with the RD, by which the property, the
or been created; or description of which is given in said document, is mortgaged,

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leased, or encumbered, or an authenticated copy of said ACTION OF THE COURT; RECONSTITUTION; WHEN
document showing that its original has been registered MANDATORY
Any other document which, in the judgment of the court is
sufficient and proper basis for reconstituting the lost or If the court, after hearing, finds that the documents presented, as
destroyed certificate of title supported by parole evidence or otherwise, are sufficient, and
proper to warrant the reconstitution of the lost or destroyed
FOR LIENS AND ENCUMBRANCES certificate of title, xxx an order for reconstitution shall be issued
Annotations or memoranda appearing on the owners co-owners
mortgagees or lessees duplicate The clerk of court shall forward the order to the RD and all
Registered documents on file in the RD, or authenticated copies documents which, pursuant to said order, are to be used as basis
thereof showing that the originals thereof had been registered of the reconstitution
Any other document which, in the judgment of the court is
sufficient and proper basis for reconstituting the liens or If the court finds that there is no sufficient evidence or basis to
encumbrances affecting the property covered by the lost or justify the reconstitution, the petition will be dismissed without
destroyed certificate of title prejudice to the right of the parties entitled thereto to file an
application for confirmation of title
MEANING OF ANY OTHER DOCUMENT
As per LRC circular #35, the signed duplicate copy of the THE REGISTER OF DEEDS IS NOT A PROPER PARTY TO FILE
petition to be forwarded to this Commission shall be THE PETITION WRIT OF POSSESSION NOT PROPER IN A
accompanied by the following: RECONSTITUTION PROCEEDING COURTS ARE CAUTIONED IN
GRANTING PETITIONS FOR RECONSTITUTION
o A duly prepared plan of said parcel of land in ADMINISTRATIVE RECONSTITUTION
tracing cloth, with 2 print copies thereof, prepared
by the government agency which issued the Can only be availed of in case of substantial loss or destruction
certified technical description, or by a duly of land titles due to flood, fire or other force majeure as
licensed Geodetic Engineer who shall certify determined by the Administrator
thereon that he prepared the same on the basis of Provided that the titles lost or damages should at least be 10%
a duly certified technical description. Where the of the total number in the possession of the office of the RD
plan as submitted is certified by the government That in no case that the number of certificates of titles lost or
agency, which issued the same, it is sufficient that damaged be less than 500
the technical description be prepared by a duly Notice of all hearings of the petition for judicial reconstitution
licensed Geodetic Engineer on the basis of said shall be furnished the Register of Deeds of the place where the
certified plan. land is situated and to the Administrator of the Land
o The original, 2 duplicate copies, and a Xerox copy Registration Authority
of the original of the technical description of the No judgment ordering the reconstitution shall be final until
parcel of land covered by the certificate of title, the lapse of 15 days from receipt by the RD and by the
duly certified by the authorized officer of the Administrator of the LRA of the notice of order or judgment
Bureau of Lands or the LRC who issued the without any appeal having been filed by any such officials
technical description
o A signed copy of the certification of the RD
concerned that the original of the certificate on
title on file with the RD was either lost or
destroyed, indicating the name of the registered
owner, if known from the other records in file in
said office.

WHERE TO FILE PETITION; CONTENTS

Shall be filed by the registered owner, his assigns, or any person
having interest in the property with the proper RTC where the
same is based on sources enumerated earlier
Contents shall be as followed
o That the owners duplicate had been lost or
destroyed
o That no co-owners, mortgagees, lessees,
duplicate had been issued or, if any had been
issued, the same had been lost or destroyed
o The location, area and boundaries of the property
o The nature and description of the buildings or
improvements, if any, which dont belong to the
owner of the land, and the names and addresses of
the owners of such buildings or improvements
o The names and addresses of the occupants or
persons in possession of the property, of the
owners of the adjoining properties and all persons
who may have any interest in the property
o A detailed description of the encumbrances if any,
affecting the property
o A statement that no deeds or other instruments
affecting the property have been presented for
registration, or if there be any, the registration
thereof hasnt been accomplished, as yet

REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND
MAILING

To be published twice, at the expense of the petitioner, in
successive issues of the Official Gazette
To be posted on the main entrance of the provincial building and
of the municipal building of the municipality or city in which the
land is situated
Copy of the notice to be sent by registered mail or otherwise, at
the expense of the petitioner, to every person named therein
whose address is known, within 30 days prior the date of hearing
The jurisdiction of the court is hedged in the forewalls of the
petition and the published notice of hearing, which define the
subject matter of the petition.

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NATURAL RESOURCES AND ENVIRONMENTAL LAW CASE: MINORS OPOSA VS. DENR SECRETARY FACTORAN
ATTY. ROWELL ILAGAN
2014-2015 The case is bears upon the right of Filipinos to a BALANCED AND
HEALTHFUL ECOLOGY, which the petitioners dramatically associate
I. ENVIRONMENTAL DEGRADATION with the twin concepts of INTER-GENERATIONAL RESPONSIBILITY
and INTER-GENERATIONAL JUSTICE.
It results from the open access status of common goods like air, water,
forests, and other natural resources. Plaintiffs alleged that they are entitled to the full benefit; use and
enjoyment of the natural resource treasure that is the country's virgin
The mentality of I will get my share without having to pay for it; thus, in tropical forests. They further asseverate that they represent their
this free-for-all, environmental degradation and natural resources generation as well as generations yet unborn and asserted that
depletion is inevitable. continued deforestation have caused a distortion and disturbance of
the ecological balance and have resulted in a host of environmental
NATURAL RESOURCE is any naturally occurring substance or feature of tragedies.
the environment (physical or biological) that, while not created by human
effort, can be exploited by humans to satisfy their needs or wants. Many of Plaintiffs prayed that judgment be rendered ordering the respondent,
such resources are our life line such as water, air and solar radiation, which his agents, representatives and other persons acting in his behalf to
are essential elements for the existence of all the flora and fauna cancel all existing Timber License Agreement (TLA) in the country and
to cease and desist from receiving, accepting, processing, renewing or
II. LEGAL FRAMEWORK approving new TLAs.

1) Article 1 National Territory RULING: The complaint focuses on one fundamental legal right -- the
right to a balanced and healthful ecology, which is incorporated in
The national territory comprises the Philippine archipelago, with all the Section 16 Article II of the Constitution. The said right carries with it
islands and waters embraced therein, and all other territories over which the the duty to refrain from impairing the environment and implies, among
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial many other things, the judicious management and conservation of the
and aerial domains, including its territorial sea, the seabed, the subsoil, the country's forests. Section 4 of E.O. 192 expressly mandates the DENR
insular shelves, and other submarine areas. The waters around, between, and to be the primary government agency responsible for the governing
connecting the islands of the archipelago, regardless of their breadth and and supervising the exploration, utilization, development and
dimensions, form part of the internal waters of the Philippines. conservation of the country's natural resources. A denial or violation
of that right by the other who has the correlative duty or
CASE: MAGALLONA VS EXECUTIVE SECRETARY ERMITA obligation to respect or protect or respect the same gives rise to a
cause of action. Petitioners maintain that the granting of the TLA,
In March 2009, Republic Act 9522, an act defining the archipelagic which they claim was done with grave abuse of discretion,
baselines of the Philippines was enacted the law is also known as the violated their right to a balance and healthful ecology. Hence, the
Baselines Law. This law was meant to comply with the terms of the third full protection thereof requires that no further TLAs should be
United Nations Convention on the Law of the Sea (UNCLOS III), ratified by renewed or granted.
the Philippines in February 1984. Professor Merlin Magallona et al
questioned the validity of RA 9522 as they contend, among others, that the After careful examination of the petitioners' complaint, the Court finds
law decreased the national territory of the Philippines hence the law is it to be adequate enough to show, prima facie, the claimed violation of
unconstitutional. their rights.

RULING: No. The Supreme Court emphasized that RA 9522, or UNCLOS, c. Section 22 - The State recognizes and promotes the
itself is not a means to acquire, or lose, territory. The treaty and the rights of indigenous cultural communities within the
baseline law have nothing to do with the acquisition, enlargement, or framework of national unity and development.
diminution of the Philippine territory. What controls when it comes to
acquisition or loss of territory is the international law principle on CASE: CARINO VS. INSULAR GOVERNMENT
occupation, accretion, cession and prescription and NOT the execution
of multilateral treaties on the regulations of sea-use rights or enacting The applicant and plaintiff in error is an Igorot of the Province of
statutes to comply with the treatys terms to delimit maritime zones Benguet, where the land lies. For more than fifty years before the
and continental shelves. treaty of Paris, as back as the findings go, the plaintiff and his ancestors
had held the land as owners. The Igorots had recognized them all as
The law did not decrease the demarcation of our territory. In fact it the owners, and he had inherited or received the land from his father
increased it. Under the old law amended by RA 9522 (RA 3046), we in accordance with Igorot custom. The Spanish crown, however, issued
adhered with the rectangular lines enclosing the Philippines. no document, to them. The question now is whether the plaintiff owns
the land.
2) Article 2 Declaration of State Principles and Policies
a. Section 15 - The State shall protect and promote the RULING: it is true that Spain, in its earlier decrees, embodied the
right to health of the people and instill health universal feudal theory that all lands were held from the Crown, and
consciousness among them. perhaps the general attitude of conquering nations toward people not
recognized as entitled to the treatment accorded to those in the same
CASE: HENARES VS. LTFRB AND DOTC zone of civilization with themselves. But it does not follow that, as
against the inhabitants of the Philippines, the United States asserts that
The petitioners challenged the Supreme Court to issue a writ of mandamus Spain had such power. It might, perhaps, be proper and sufficient to
to LTFRB and DOTC to require the public utility vehicles (PUVs) to use the say that when, as far back as testimony or memory goes, the land
compressed natural gas (CNG) as an alternative fuel instead of gasoline and has been held by individuals under a claim of private ownership,
diesel. The petitioners proposed the use of CNG to counter the effects. CNG it will be presumed to have been held in the same way before the
is known to be the cleanest fossil fuel and 90 percent less CO emissions and Spanish conquest, and never to have been public land.
cuts hydrocarbon emission by half. The petitioners assert their right to
clean air as stipulated in Sec. 4 of R. A. 8749 known as Philippine Clean Air d. Section 25 - The State shall ensure the autonomy of
Act of 1999 and Sec. 16 Article II of the 1987 Philippine Constitution. local governments.

The Solicitor General, in his comments for LTFRB and DOTC, said that CASE: SJS VS. ATIENZA
nothing in the Philippine Clean Air Act prohibits the use of gasoline and
diesel by motor vehicle owners, and more sadly, the said act does not On November 20, 2001, the Sangguniang Panlungsod of Manila enacted
include CNG as an alternative fuel. Further, the Department of Environment Ordinance No. 8027 and Atienza passed it the following day. Ordinance
and Natural Resources (DENR) is the agency tasked to set the emission No. 8027 reclassified the area described therein from industrial to
standards for fuel use and tasked to develop an action plan. commercial and directed the owners and operators of businesses
disallowed under Section 1 to cease and desist from operating their
RULING: The case is an inter-generational responsibility and for inter- businesses within six months from the date of effectivity of the
generational justice. The petition focuses on the legal right of the ordinance. These were the Pandacan oil depots of Shell and Caltex.
petitioners for their right to clean air. The issue concerned is not only
important to the petitioners but also of public concern. But the city of Manila and the DOE entered into an MOU, which only
scaled down the property covered by the depots and did not stop their
On the other issue, mandamus cannot be issued to LTFRB and DOTC operations. In the same resolution, the Sanggunian declared that the
because it not within the mandate of the agencies to impose the use of MOU was effective only for a period of six months starting July 25,
CNG. Their mandate is to oversee that motor vehicles prepare an action 2002. It was extended to 2003.
plan and implement the emission standards for motor vehicles. The DENR
is the agency tasked to set the emission standards, and that the legislature Petitioners filed for mandamus in SC urging the city to implement
should first provide the specific statutory remedy to the complex problems Ordinance 8027. Respondents defense is that Ordinance No. 8027 has
bared by the petitioners before any judicial recourse by mandamus is been superseded by the MOU and the resolutions and that the MOU
taken. was more of a guideline to 8027.

b. Section 16 - The State shall protect and advance the RULING: Mandamus will not issue to enforce a right, or to compel
right of the people to a balanced and healthful ecology compliance with a duty, which is questionable or over which a
in accord with the rhythm and harmony of nature. substantial doubt exists. Unless the right to the relief sought is
unclouded, mandamus will not issue. When a mandamus proceeding
concerns a public right and its object is to compel a public duty, the

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people who are interested in the execution of the laws are regarded as people in the community. The LGUs are endowed with the power to
the real parties in interest and they need not show any specific enact fishery laws in its municipal waters, which necessarily
interest. Petitioners are citizens of manila and thus have a direct includes the enactment of ordinances in order to effectively carry
interest in the ordinances. out the enforcement of fishery laws in their local community.

On the other hand, the Local Government Code imposes upon
respondent the duty, as city mayor, to "enforce all laws and ordinances
relative to the governance of the city. "One of these is Ordinance No. b. Section 15 - There shall be created autonomous
8027. As the chief executive of the city, he has the duty to enforce regions in Muslim Mindanao and in the Cordilleras
Ordinance No. 8027 as long as it has not been repealed by the consisting of provinces, cities, municipalities, and
Sanggunian or annulled by the courts. He has no other choice. It is his geographical areas sharing common and distinctive
ministerial duty to do so. historical and cultural heritage, economic and social
structures, and other relevant characteristics within
These officers cannot refuse to perform their duty on the ground of an the framework of this Constitution and the national
alleged invalidity of the statute imposing the duty. The reason for this sovereignty as well as territorial integrity of the
is obvious. It might seriously hinder the transaction of public business Republic of the Philippines.
if these officers were to be permitted in all cases to question the
constitutionality of statutes and ordinances imposing duties upon CASE: CHIONGBIAN VS. ORBOS
them and which have not judicially been declared unconstitutional.
Officers of the government from the highest to the lowest are creatures Congress passed the ORGANIC ACT FOR ARMM, calling for a
of the law and are bound to obey it. plebiscite in Mindanao.
Only 4 provinces voted for the creation of ARMM (LanaoSur,
3) Article 3 Bill of Rights Maguindanao, Sulu, Tawi2)
The other provinces who did not vote for ARMM shall remain in
CASE: CHAVEZ VS. PEA the existing administrative regions, provided that the
PRESIDENT may by ADMINISTRATIVE DETERMINATION,
1. The 157.84 hectares of reclaimed lands comprising the Freedom MERGE THE EXISTING REGIONS.
Islands, now covered by certificates of title in the name of PEA, are So, President Cory issued EO 429, which reorganized those
alienable lands of the public domain. PEA may lease these lands to regions who did not vote for ARMM.
private corporations but may not sell or transfer ownership of these Petitioners are Congressmen who opposed the issuance of EO
lands to private corporations. PEA may only sell these lands to 429. They claim that President Cory had no authority to
Philippine citizens, subject to the ownership limitations in the 1987 restructure new administrative regions. They insist that the
Constitution and existing laws. provinces should remain as they are.

2. The 592.15 hectares of submerged areas of Manila Bay remain RULING: While the power to merge regions is not expressly provided
inalienable natural resources of the public domain until classified as for in the Constitution, it is a power traditionally lodged with the
alienable or disposable lands open to disposition and declared no President, in view of the POWER OF GENERAL SUPERVISION OVER
longer needed for public service. The government can make such LOCAL GOVERNMENTS. Thus there is no abdication by Congress of its
classification and declaration only after PEA has reclaimed these legislative powers in conferring on the President the POWER TO
submerged areas. Only then can these lands qualify as agricultural MERGE ADMINISTRATIVE REGIONS.
lands of the public domain, which are the only natural resources the
government can alienate. In their present state, the 592.15 hectares of As to the question of STANDARD, a legislative standard NEED NOT BE
submerged areas are inalienable and outside the commerce of man. EXPRESSED. IT MAY SIMPLY BE GATHERED OR IMPLIED. Nor need it
be found in the law challenged because it may be EMBODIED IN
3. Since the Amended JVA seeks to transfer to AMARI, a private OTHER STATUTES ON THE SAME SUBJECT as that of the challenged
corporation, ownership of 77.34 hectares110 of the Freedom Islands, legislation.
such transfer is void for being contrary to Section 3, Article XII of the
1987 Constitution which prohibits private corporations from acquiring With respect to the power to merge existing administrative regions,
any kind of alienable land of the public domain. the STANDARD IS TO BE FOUND IN THE SAME POLICY underlying the
grant o the PRESIDENT in RA5434, THE POWER TO REORGANIZE THE
4. Since the Amended JVA also seeks to transfer to AMARI ownership of EXECUTIVE DEPARTMENT. Under said law, the standard is to promote
290.156 hectares111 of still submerged areas of Manila Bay, such simplicity, economy and efficiency in the government, to enable it to
transfer is void for being contrary to Section 2, Article XII of the 1987 pursue programs consistent with national goals for acceleration socio-
Constitution which prohibits the alienation of natural resources other economic development and to improve the service in the transaction of
than agricultural lands of the public domain. public business.

PEA may reclaim these submerged areas. Thereafter, the government Since the original 11 administrative regions were established with this
can classify the reclaimed lands as alienable or disposable, and further same law/ policy, it is but logical to suppose that in authorizing the
declare them no longer needed for public service. Still, the transfer of President to merge by administrative determination, the existing
such reclaimed alienable lands of the public domain to AMARI will be regions (following the rejection of the ARMM by some regions), the
void in view of Section 3, Article XII of the 1987 Constitution, which purpose of Congress in enacting the Organic Act of ARMM was to
prohibits private corporations from acquiring any kind of alienable reconstitute the original basis for the organization of administrative
land of the public domain. regions.

4) Article X Local Government 5) Article XII National Economy
a. Section 4 - The President of the Philippines shall a. Section 1 - The goals of the national economy are a
exercise general supervision over local governments. more equitable distribution of opportunities, income,
Provinces with respect to component cities and and wealth; a sustained increase in the amount of
municipalities, and cities and municipalities with goods and services produced by the nation for the
respect to component barangays, shall ensure that the benefit of the people; and an expanding productivity
acts of their component units are within the scope of as the key to raising the quality of life for all,
their prescribed powers and functions. especially the underprivileged.

CASE: TANO VS. SOCRATES The State shall promote industrialization and full
employment based on sound agricultural development
The Sangguniang Panlungsod of Puerto Princessa enacted ordinance and agrarian reform, through industries that make
no. 15-92 banning the shipment of live fish and lobster outside Puerto full of efficient use of human and natural resources,
Princessa City for a period of 5 years. In the same light, the and which are competitive in both domestic and
Sangguniang Panlalawigan of Palawan also enacted a resolution that foreign markets. However, the State shall protect
prohibits the catching, gathering, buying, selling and possessing and Filipino enterprises against unfair foreign competition
shipment of live marine coral dwelling aquatic organisms for a period and trade practices.
of 5 years within the Palawan waters. The petitioners Airline Shippers
Association of Palawan together with marine merchants were charged In the pursuit of these goals, all sectors of the economy
for violating the above ordinance and resolution by the city and and all region s of the country shall be given optimum
provincial governments. The petitioners now allege that they have the opportunity to develop. Private enterprises, including
preferential rights as marginal fishermen granted with privileges corporations, cooperatives, and similar collective
provided in Section 149 of the Local Government Code, invoking the organizations, shall be encouraged to broaden the
invalidity of the above-stated enactments as violative of their base of their ownership.
preferential rights.
CASE: MANILA PRINCE HOTEL VS. GSIS
RULING: No, the enacted resolution and ordinance of the LGU were not
violative of their preferential rights. The enactment of these laws Pursuant to the privatization program of the government, GSIS decided
was a valid exercise of the police power of the LGU to protect to sell 30-51% of the ManilaHotel Corporation. Two bidders
public interests and the public right to a balanced and healthier participated, MPH and Malaysian Firm Renong Berhad. MPHs bid was
ecology. The rights and privileges invoked by the petitioners are not at P41.58/per share while RBs bid was at P44.00/share. RB was the
absolute. The general welfare clause of the local government code highest bidder hence it was logically considered as the winning bidder
mandates for the liberal interpretation in giving the LGUs more power but is yet to be declared so. Pending declaration, MPH matches RBs bid
to accelerate economic development and to upgrade the life of the and invoked the Filipino First policy enshrined under par. 2, Sec. 10,

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Art. 12 of the 1987 Constitution**, but GSIS refused to accept. In turn RULING: The Cleaning or Rehabilitation of Manila Bay can be
MPH filed a TRO to avoid the perfection/consummation of the sale to compelled by Mandamus. While the implementation of the MMDA's
RB. RB then assailed the TRO issued in favor of MPH arguing among mandated tasks may entail a decision-making process, the
others that: enforcement of the law or the very act of doing what the law
1. Par. 2, Sec. 10, Art. 12 of the 1987 Constitution needs exacts to be done is ministerial in nature and may be compelled
an implementing law because it is merely a statement by mandamus. Under what other judicial discipline describes as
of principle and policy (not self-executing); continuing mandamus, the Court may, under extraordinary
2. Even if said passage is self-executing, Manila Hotel does circumstances, issue directives with the end in view of ensuring that its
not fall under national patrimony. decision would not be set to naught by administrative inaction or
indifference.
RULING: Manila Hotel falls under national patrimony. Patrimony in its
plain and ordinary meaning pertains to heritage. When the Constitution IV. ENVIRONMENTAL IMPACT ASSESSMENT AND DEVELOPMENT
speaks of national patrimony, it refers not only to the natural resources PLANNING
of the Philippines, as the Constitution could have very well used the
term natural resources, but also to the cultural heritage of the Filipinos. PD NO. 1151 PHILIPPINE ENVIRONMENTAL POLICY
It also refers to our intelligence in arts, sciences and letters. Therefore,
we should develop not only our lands, forests, mines and other natural POLICY - It is hereby declared a continuing policy of the State (a) to
resources but also the mental ability or faculty of our people. Note that, create, develop, maintain and improve conditions under which man
for more than 8 decades (9 now) Manila Hotel has bore mute witness and nature can thrive in productive and enjoyable harmony with each
to the triumphs and failures, loves and frustrations of the Filipinos; its other, (b) to fulfill the social, economic and other requirements of
existence is impressed with public interest; its own historicity present and future generations of Filipinos, and (c) to insure the
associated with our struggle for sovereignty, independence and attainment of an environmental quality that is conducive to a life of
nationhood. dignity and well-being.

Herein resolved as well is the term Qualified Filipinos which not only ENVIRONMENTAL IMPACT STATEMENTS
pertains to individuals but to corporations as well and other juridical
entities/personalities. The term qualified Filipinos simply means that Pursuant to the above enunciated policies and goals, all agencies and
preference shall be given to those citizens who can make a viable instrumentalities of the national government, including government-
contribution to the common good, because of credible competence and owned or controlled corporations, as well as private corporations
efficiency. It certainly does NOT mandate the pampering and firms and entities SHALL PREPARE, FILE AND INCLUDE IN EVERY
preferential treatment to Filipino citizens or organizations that are ACTION, PROJECT OR UNDERTAKING WHICH SIGNIFICANTLY
incompetent or inefficient, since such an indiscriminate preference AFFECTS THE QUALITY OF THE ENVIRONMENT A DETAIL
would be counter productive and inimical to the common good. STATEMENT ON:
The environmental impact of the proposed action, project
In the granting of economic rights, privileges, and concessions, when a or undertaking
choice has to be made between a qualified foreigner and a qualified Any adverse environmental effect which cannot be avoided
Filipino, the latter shall be chosen over the former. should the proposal be implemented;
Alternative to the proposed action;
b. Section 2 A determination that the short-term uses of the resources
of the environment are consistent with the maintenance
CASE: ARANDA VS. REPUBLIC and enhancement of the long-term productivity of the
same; and
RULING: Under the Regalian doctrine which is embodied in Section 2, Whenever a proposal involve the use of depletable or non-
Article XII of the 1987 Constitution, all lands of the public domain renewable resources, a finding must be made that such use
belong to the State, which is the source of any asserted right to and commitment are warranted.
ownership of land. All lands not appearing to be clearly within private
ownership are presumed to belong to the State. Unless public land is Before an environmental impact statement is issued by a lead
shown to have been reclassified or alienated to a private person by the agency, all agencies having jurisdiction over, or special expertise
State, it remains part of the inalienable public domain. To overcome on, the subject matter involved shall comment on the draft
this presumption, incontrovertible evidence must be established that environmental impact statement made by the lead agency within
the land subject of the application is alienable or disposable. thirty (30) days from receipt of the same.

To prove that the land subject of an application for registration is DENR Administrative Order No. 2003-30
alienable, an applicant must establish the existence of a positive
act of the government such as a presidential proclamation or an ENVIRONMENTAL IMPACT ASSESSMENT It is the process that
executive order; an administrative action; investigation reports of involves predicting and evaluating the likely impacts of a project
Bureau of Lands investigators; and a legislative act or a statute. (including cumulative impacts) on the environment during
The applicant may also secure a certification from the Government that construction, commissioning, operation and abandonment. It also
the lands applied for are alienable and disposable. includes designing appropriate preventive, mitigating and
enhancement measures addressing these consequences to protect the
c. Section 3 Cruz vs. NCIP environment and the communitys welfare.
d. Section 4 Province of Rizal vs. Executive Secretary
e. Section 5 Alcantara vs. Com. On Settlement of Land
f. Section 7 Cheesman vs. IAC

6) Article XIII Social Justice and Human Rights
a. Section 6 Gavino Corpuz vs. Sps. Gorospe

II. INSTITUTIONAL FRAMEWORK FOR ENVIRONMENT AND
NATURAL RESOURCES

EXECUTIVE BRANCH

The national government operates through more than twenty
executive departments and specialized agencies to deliver basic
services and implement national policies, programs, and projects,
including agencies responsible for environment and natural resources,
public works, transportation and communication, trade and industry,
economic and development planning, etc.

EIA PROCESS WITHIN THE PROJECT CYCLE
The lead executive agency is the DENR. It is primarily responsible for
the conservation, management, development, and proper use of the PRESIDENTIAL PROCLAMATION OF ENVIRONMENTALLY CRITICAL
countrys environment and natural resources, specifically forest and AREAS AND PROJECTS
grazing lands, mineral resources, and lands of the public domain, as
well as licensing and regulation of natural resources. The President of the Philippines may, on his own initiative or upon
recommendation of the National Environmental Protection Council, by
CONGRESS AND LOCAL LEGISLATURE proclamation declare certain projects, undertakings or area in the
country as environmentally critical. No person, partnership or
CASE: MMDA VS. CONCERNED CITIZENS OF MANILA BAY corporation shall undertake or operate any such declared
environmentally critical project or area without first securing an
The complaint by the residents alleged that the water quality of the ENVIRONMENTAL COMPLIANCE CERTIFICATE issued by the
Manila Bay had fallen way below the allowable standards set by law, President or his duly authorized representative.
specifically Presidential Decree No. (PD) 1152 or the Philippine
Environment Code and that ALL defendants (public officials) must be
jointly and/or solidarily liable and collectively ordered to clean up
Manila Bay and to restore its water quality to class B, waters fit for
swimming, diving, and other forms of contact recreation.

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Areas with critical (steep) slopes;

Areas classified as prime agricultural lands;
Aquifer recharge areas;
Water bodies used for domestic supply or support of
fish and wildlife;
Mangrove areas supporting critical ecological functions
or on which people depend for livelihood; and
Coral reefs with critical ecological functions.

Review Process for projects in environmentally critical areas
Environmental review procedures are somewhat different for
proposed projects that may be located in ECAs. The review of the
proposed development is conducted through DENRs Regional
Offices and consists of the following steps.

SUMMARY FLOWCHART OF EIA PROCESS

CASE: REPUBLIC VS. CITY OF DAVAO

On August 11, 2000, The City of Davao filed an application for a
Certificate of Non- Coverage (CNC) for its proposed project, the Davao
City Artica Sports Dome, with the Environmental Management Bureau
(EMB), Region XI. The EMB denied the application after finding that the
OVERVIEW OF THE NATIONAL EIS SYSTEM
proposed project was within an environmentally critical area and ruled

that the City of Davao MUST UNDERGO THE ENVIRONMENTAL
The LGU has a critical role in ensuring that all development projects in
IMPACT ASSESSMENT PROCESS TO SECURE AN ENVIRONMENTAL
their jurisdiction that are classified as ECPs or located in ECAs are
COMPLIANCE CERTIFICATE, before it can proceed with the
subjected to the EIA review process. While not all projects may require a
construction of its project.
detailed EIA, all proposed development activities should be screened to

decide which projects need a detailed evaluation of environmental
RULING: The Artica Sports Dome in Langub does not come close to any
impacts.
of the projects or areas enumerated above. Neither is it analogous to

any of them. It is clear, therefore, that the said project is not classified
ENVIRONMENTALLY CRITICAL PROJECTS.
as environmentally critical, or within an environmentally critical
Heavy Industries: including non-ferrous metal area. Consequently, the DENR has no choice but to issue the
industries, iron and steel mills, smelting plants, and Certificate of Non- Coverage. It becomes its ministerial duty, the
petroleum and petrochemical industries, including oil performance of which can be compelled by writ of mandamus,
and gas; such as that issued by the trial court in the case at bar.
Resource Extractive Industries: including major mining
and quarrying projects, forestry projects (logging, CASE: BORACAY FOUNDATION INC. VS PROVINCE OF AKLAN
major wood processing, introduction of exotic animals
in public or private forests, forest occupancy, Claiming that tourist arrivals to Boracay would reach 1 million in the
extraction of mangrove products, grazing), and fishery future, respondent Province of Aklan planned to expand the port
projects (dikes for/and fishpond development facilities at Barangay Caticlan, Municipality of Malay. Thus, on May 7,
projects); 2009, the Sangguniang Panlalawigan of Aklan Province issued a
resolution, authorizing Governor Carlito Marquez to file an application
Infrastructure Projects: including major dams, major
with respondent Philippine Reclamation Authority (PRA) to reclaim
roads and bridges, major power plants (fossil-fuelled,
the 2.64 hectares of foreshore area in Caticlan. In the same year, the
nuclear, coal-fired, hydroelectric, geothermal), and
Province deliberated on the possible expansion from its original
major reclamation projects; and
proposed reclamation area of 2.64 hectares to forty (40) hectares in
Golf Course Projects: golf courses and golf resorts are order to maximize the utilization of its resources.
now subject to EIS requirements
Other: Many other types of coastal projects not After PRAs approval, on April 27, 2010, respondent Department of
explicitly listed above may, at the discretion of DENR, Environment and Natural Resources-Environmental Management
require an EIS if they are considered ECPs. Some likely Bureau-Region VI (DENR-EMB RVI) issued to the Province
examples include major resorts or hotels, airports, Environmental Compliance Certificate-R6-1003-096-7100 (the
ports, shoreline fortifications, fish processing plants, questioned ECC) for Phase 1 of the Reclamation Project to the extent of
and major military development. 2.64 hectares to be done along the Caticlan side beside the existing
jetty port.
ENVIRONMENTALLY CRITICAL AREAS.
On May 17, 2010, the Province finally entered into a MOA with PRA
National parks, watershed reserves, wildlife preserves,
which stated that the land use development of the reclamation project
and sanctuaries declared by law;
shall be for commercial, recreational and institutional and other
Areas set aside as potential tourist spots; applicable uses. It was at this point that the Province deemed it
Habitats of endangered or threatened species necessary to conduct a series of public consultation meetings.
indigenous to the Philippines;
On the other hand, the Sangguniang Barangay of Caticlan, the
Areas of unique historic, archaeological, or scientific
Sangguniang Bayan of the Municipality of Malay and petitioner
interest;
Boracay Foundation, Inc. (BFI), an organization composed of some 160
Areas traditionally occupied by indigenous people and businessmen and residents in Boracay, expressed their strong
cultural communities; opposition to the reclamation project on environmental, socio-
Areas frequently hit by natural calamities (geologic economic and legal grounds.
hazards, floods, typhoons, volcanic activity, etc.);

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Despite the opposition, the Province merely noted their objections and
issued a notice to the contractor on December 1, 2010 to commence
with the construction of the project. Thus, on June 1, 2011, BFI filed
with the Supreme Court the instant Petition for Environmental
Protection Order/Issuance of the Writ of Continuing Mandamus.
Thereafter, the Court issued a Temporary Environmental Protection
Order (TEPO) and ordered the respondents to file their respective
comments to the petition.

The Petition was premised on the following grounds, among others:
a) The Province failed to obtain the favorable
endorsement of the LGU concerned;
b) The Province failed to conduct the required
consultation procedures as required by the Local
Government Code (LGC).

RULING: The Court found that there was no proper, timely, and
sufficient public consultation for the project.

The Local Government Code (LGC) establishes the duties of
national government agencies in the maintenance of ecological
balance and requires them to secure prior public consultations
and approval of local government units. In Province of Rizal v.
Executive Secretary, the Court emphasized that, under the Local
Government Code, two requisites must be met before a national
project that affects the environmental and ecological balance of local
communities can be implemented: (1) prior consultation with the V. REVISED FORESTRY CODE (PD NO. 705)
affected local communities, and (2) prior approval of the project by the
appropriate sanggunian. The absence of either of such mandatory POLICIES. The State hereby adopts the following policies:
requirements will render the projects implementation as illegal. The multiple uses of forest lands shall be oriented to the
development and progress requirements of the country, the
Here, the Court classified the reclamation project as a national project advancement of science and technology, and the public
since it affects the environmental and ecological balance of local welfare;
communities. In one ruling, the Court noted that such national projects Land classification and survey shall be systematized and
mentioned in Section 27 of the LGC include those that may cause hastened;
pollution and bring about climate change, among others, such as the The establishment of wood-processing plants shall be
reclamation project in this case. encouraged and rationalized; and
The protection, development and rehabilitation of forest
Also, DENR DAO 2003-30 provides that project proponents should lands shall be emphasized so as to ensure their continuity
initiate public consultations early in order to ensure that in productive condition.
environmentally relevant concerns of stakeholders are taken into
consideration in the EIA study and the formulation of the CRIMINAL OFFENSES AND PENALTIES
management plan.
SECTION 77. Cutting, Gathering and/or collecting Timber, or
Thus, the law requires the Province, being the delegate of the PRAs Other Forest Products Without License. Any person who shall cut,
power to reclaim land in this case, to conduct prior consultations and gather, collect, removed timber or other forest products from any
prior approval. However, the information dissemination conducted forest land, or timber from alienable or disposable public land, or from
months after the ECC had already been issued was insufficient to private land, without any authority, or possess timber or other forest
comply with the requirements under the LGC. products without the legal documents as required under existing forest
laws and regulations, shall be punished with the penalties imposed
Furthermore, the lack of prior public consultation and approval is under Articles 309 and 310 of the Revised Penal Code: Provided, That
not corrected by the subsequent endorsement of the reclamation in the case of partnerships, associations, or corporations, the officers
project by the Sangguniang Barangay of Caticlan and the who ordered the cutting, gathering, collection or possession shall be
Sangguniang Bayan in 2012, which were both undoubtedly liable, and if such officers are aliens, they shall, in addition to the
achieved at the urging and insistence of the Province. penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation.
WHAT IS A WRIT OF KALIKASAN?
The court shall further order the confiscation in favor of the
It is a remedy available to a natural or juridical person, entity government of the timber or any forest products cut, gathered,
authorized by law, peoples organizations, non-governmental collected, removed, or possessed as well as the machinery, equipment,
organization, or any public interest group accredited by or registered implements and tools illegally used in the area where the timber or
with any government agency, on behalf of persons whose forest products are found.
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public SECTION 78. Unlawful Occupation or Destruction of Forest Lands
official or employee, or private individual or entity without involving and Grazing Lands. Any person who enters and occupies or
environmental damage of such magnitude as to prejudice the life, possesses, or makes kaingin for his own private use or for others, any
health or property of inhabitants in two or more cities or provinces. forest land or grazing land without authority under a license
agreement, lease, license or permit, or in any manner destroys such
WHAT IS THE BASIS OF THE WRIT OF KALIKASAN? forest land or grazing land or part thereof, or causes any damage to the
timber stand and other products and forest growth found therein, or
It rests in Article II, Section 16 on the Declaration of Principles and who assists, aids or abets any other person to do so, or sets a fire, or
State Policies of the 1987 Constitution, which states that, The State negligently permits a fire to be set in any forest land or grazing land, or
shall protect and advance the right of the people to a balanced and refuses to vacate the area when ordered to do so, pursuant to the
healthful ecology in accord with the rhythm and harmony of nature. provisions of Section 53 hereof shall, upon conviction, be fined in an
amount of not less than five hundred pesos (P500.00), nor more than
WHAT IS THE IMPORTANT FEATURE OF THIS WRIT? twenty thousand pesos (P20,000.00) and imprisoned for not less than
The magnitude requirement with regards to the destruction or six (6) months nor more than two (2) years for each such offense, and
imminent destruction, which is sought to be prevented, must be be liable to the payment to ten (10) times the rental fees and other
present. charges which would have accrued has the occupational and use of the
land been authorized under a license agreement, lease, license or
WHAT IS A WRIT OF CONTINUING MANDAMUS? permit: Provided, That in the case of an offender found guilty of
It is writ issued by a court in an environmental case directing any making kaingin, the penalty shall be imprisonment for not less than
agency or instrumentality of the government or officer thereof to two (2) nor more than four (4) years and a fine equal to eight (8) times
perform an act or series of acts decreed by final judgment, which shall the regular forest charges due on the forest products destroyed,
remain effective until judgment is fully satisfied. One who is personally without prejudice to the payment of the full cost of production of the
aggrieved files it. occupied area as determined by the Bureau: Provided, further, That the
maximum of the penalty prescribed herein shall be imposed upon the
offender who repeats the same offense and who commits the same
offense and double the maximum of the penalty upon the offender who
commits the same offense for the third time.

SECTION 79. Pasturing Livestock. Imprisonment for not less than
six (6) months nor more than two (2) years and a fine equal to ten (10)
times the regular rentals due, in addition to the confiscation of such
livestock and all improvement introduced in the area in favor of the
government, shall be imposed upon any person, who shall, without
authority under a lease or permit, graze or cause to graze livestock in
forest lands, grazing lands and alienable and disposable lands which

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have not as yet been disposed of in accordance with the Public Land
Act; Provided, That in case the offender is a corporation, partnership or or valuable crops, upon written consent of the concerned government
association, the officers and directors thereof shall be liable. agency or private entity, subject to technical evaluation and validation
by the MGB;
SECTION 80. Illegal Occupation of National Parks System and
Recreation Areas and Vandalism Therein. Any person who, shall, Areas covered by FTAA applications, which shall be opened, for
without permit, occupy for any length of time any portion of the quarry resources upon written consent of the FTAA
national parks system or shall, in any manner cut, destroy, damage or applicants/contractors. However, mining applications for sand and
remove timber or any species of vegetation or forest cover and other gravel shall require no such consent;
natural resources found therein, or shall mutilate, deface or destroy
objects of natural beauty or of scenic value within areas in the national DENR Project areas upon prior consent from the concerned agency.
parks system, shall be fined not less than five hundred (P500.00) pesos
or more than twenty thousand (P20,000.00) pesos exclusive of the SAND AND GRAVEL PERMITS - are issued for the extraction, removal
value of the thing damaged. Provided, That if the area requires and disposition of sand and gravel and other loose or unconsolidated
rehabilitation or restoration as determined by the Director, the materials. Permits with areas not exceeding 5 hectares are issued by
offender shall also be required to restore or compensate or the the Provincial Governor/City Mayor while those exceeding 5 hectares
restoration of the damage: but not more than 20 hectares are issued by the MGB Regional
Director. A Sand and Gravel Permit has a term of 5 years and
CASE: PEOPLE OF THE PHILIPPINES VS. DATOR AND GENOL renewable for like terms.

RULING: The Court shall further order the confiscation in favor of the QUARRY RESOURCES PERMITS - In accordance with the Local
government of the timber or any forest products cut, gathered, Government Code of 1991, mining permits with areas not more than 5
collected, removed, or possessed, as well as the machinery, equipment, hectares have been devolved to the Provincial Governor or the City
implements and tools illegally used in the area where the timber or Mayor for approval upon recommendation of the Provincial/City
forest products are found. Mining Regulatory Board. These include the Quarry Permit, Guano
Permit, Gratuitous Permit and Gemstone Gathering Permit.
Appellant Telen contends that he secured verbal permission from Boy
Leonor, Officer-in-Charge of the DENR-CENRO in Maasin, Southern SMALL-SCALE MINING PERMITS - In consonance with the Local
Leyte before cutting the lumber, and that the latter purportedly Government Code and RA No. 7076, small-scale mining permits are
assured him that written permit was not anymore necessary before approved and issued by the City Mayor/Provincial Governor, upon
cutting soft lumber, such as the Antipolo and Dita trees in this case, recommendation of the Provincial/City Mining Regulatory Board.
from a private track of land, to be used in renovating appellants house,
provided that he would plant trees as replacements thereof, which he MINERAL PROCESSING PERMIT a permit granting the right to
already did. It must be underscored that the appellant stands charged process minerals. It is issued by the DENR Secretary with a term of 5
with the crime of violation of Section 68 of Presidential Decree No. 705, years and renewable for like terms.
a special statutory law, and which crime is considered mala
prohibita. In the prosecution for crimes that are considered mala ORE TRANSPORT PERMIT no minerals, mineral products and by-
prohibita, the only inquiry is whether or not the law has been violated. products shall be transported unless accompanied by an Ore Transport
Permit. The OTP is issued by the MGB Regional Director concerned.
The motive or intention underlying the act of the appellant is
immaterial for the reason that his mere possession of the confiscated CASE: LA BUGAL-BLAAN TRIBAL ASSOCIATION VS. RAMOS
pieces of lumber without the legal documents as required under
existing forest laws and regulations gave rise to his criminal liability. RA 7942 (The Philippine Mining Act) took effect on April 9, 1995.
Before the effectivity of RA 7942, or on March 30, 1995, the President
In any case, the mere allegation of the appellant regarding the verbal signed a Financial and Technical Assistance Agreement (FTAA) with
permission given by Boy Leonor, Officer in Charge of DENR-CENRO, WMCP, a corporation organized under Philippine laws, covering close
Maasin, Southern Leyte, is not sufficient to overturn the established to 100,000 hectares of land in South Cotabato, Sultan Kudarat, Davao
fact that he had no legal documents to support valid possession of the del Sur and North Cotabato. On August 15, 1995, the Environment
confiscated pieces of lumber. It does not appear from the record of this Secretary Victor Ramos issued DENR Administrative Order 95-23,
case that appellant exerted any effort during the trial to avail of the which was later repealed by DENR Administrative Order 96-40,
testimony of Boy Leonor to corroborate his allegation. Absent such adopted on December 20, 1996.
corroborative evidence, the trial court did not commit an error in
disregarding the bare testimony of the appellant on this point, which is, Petitioners prayed that RA 7942, its implementing rules, and the FTAA
at best, self-serving. between the government and WMCP be declared unconstitutional on
ground that they allow fully foreign owned corporations like WMCP to
VI. PHILIPPINE MINING ACT OF 1995 (RA NO. 7942) exploit, explore and develop Philippine mineral resources in
contravention of Article XII Section 2 paragraphs 2 and 4 of the
The Implementing Rules and Regulations (DENR Administrative Order Charter.
No.96-40) of the Philippine Mining Act of 1995 provides strict
adherence to the principle of SUSTAINABLE DEVELOPMENT. This In January 2001, WMC - a publicly listed Australian mining and
strategy mandates that the needs of the present should be met without exploration company - sold its whole stake in WMCP to Sagittarius
compromising the ability of the future generations to meet their own Mines, 60% of which is owned by Filipinos while 40% of which is
needs, with the view of improving the quality of life, both now and in owned by Indophil Resources, an Australian company. DENR approved
the future. Sustainable development provides that the use of mineral the transfer and registration of the FTAA in Sagittarius name but
wealth shall be pro-people and pro-environment in sustaining wealth Lepanto Consolidated assailed the same. The latter case is still pending
creation and improve quality of life. before the Court of Appeals.

AREAS CLOSED TO MINING APPLICATIONS: EO 279, issued by former President Aquino on July 25, 1987,
authorizes the DENR to accept, consider and evaluate proposals from
Areas covered by valid and existing mining rights and applications; foreign owned corporations or foreign investors for contracts or
Old growth or virgin forests, mossy forests, national parks, agreements involving wither technical or financial assistance for large
provincial/municipal forests, tree parks, greenbelts, game refuge, bird scale exploration, development and utilization of minerals which upon
sanctuaries and areas proclaimed as marine reserve/marine parks and appropriate recommendation of the (DENR) Secretary, the President
sanctuaries and areas proclaimed as marine reserve/marine parks and may execute with the foreign proponent. WMCP likewise contended
tourist zones as defined by law and identified initial components of the that the annulment of the FTAA would violate a treaty between the
NIPAS, and such areas as expressly prohibited thereunder, as well as Philippines and Australia which provides for the protection of
under DENR Administrative Order No. 25, s. 1992, and other laws; Australian investments.

Areas which the Secretary may exclude based, inter alia, or proper ISSUES:
assessment of their environmental impacts and implications on 1. Whether or not the Philippine Mining Act is
sustainable land uses, such as built-up areas and critical watershed unconstitutional for allowing fully foreign-owned
with appropriate barangay/municipal/provincial Sanggunian corporations to exploit the Philippine mineral
ordinances specifying therein the location and specific boundaries of resources.
the concerned area; and 2. Whether or not the FTAA between the government and
WMCP is a service contract that permits fully
Areas expressly prohibited by law. foreign owned companies to exploit the Philippine
mineral resources.
THE FOLLOWING AREAS MAY BE OPENED FOR MINING
OPERATIONS, THE APPROVAL OF WHICH ARE SUBJECT TO THE RULING: RA 7942 or the Philippine Mining Act of 1995 is
FOLLOWING CONDITIONS: unconstitutional for permitting fully foreign owned corporations to
exploit the Philippine natural resources.
Military and other government reservations, upon prior written
consent by the government agency having jurisdiction over such areas; Article XII Section 2 of the 1987 Constitution retained the Regalian
Doctrine which states that All lands of the public domain, waters,
Areas near or under public or private buildings, cemeteries, and minerals, coal, petroleum, and other minerals, coal, petroleum, and
archaeological and historic sites, bridges, highways, waterways, other mineral oils, all forces of potential energy, fisheries, forests or
railroads, reservoirs, dams and other infrastructure projects, public or timber, wildlife, flora and fauna, and other natural resources are
private works, including plantations owned by the State. The same section also states that, the

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exploration and development and utilization of natural resources shall No commercial fishing in municipal waters with depth less
be under the full control and supervision of the State. than seven (7) fathoms as certified by the appropriate
agency;
Conspicuously absent in Section 2 is the provision in the 1935 and Fishing activities utilizing methods and gears that are
1973 Constitution authorizing the State to grant licenses, determined to be consistent with national policies set by
concessions, or leases for the exploration, exploitation, the Department;
development, or utilization of natural resources. By such omission, Prior consultation, through public hearing, with the
the utilization of inalienable lands of the public domain through M/CFARMC has been conducted; and
license, concession or lease is no longer allowed under the 1987 The applicant vessel as well as the ship owner, employer,
Constitution. captain and crew have been certified by
The appropriate agency as not having violated this Code,
Under the concession system, the concessionaire makes a direct equity environmental laws and related laws.
investment for the purpose of exploiting a particular natural resource
within a given area. The concession amounts to complete control by In no case shall the authorization or permit mentioned above be
the concessionaire over the countrys natural resource, for it is given granted for fishing in bays as determined by the Department to be in
exclusive and plenary rights to exploit a particular resource at the an environmentally critical condition and during closed season as
point of extraction. provided for in Section 9 of this Code.

The 1987 Constitution, moreover, has deleted the phrase SECTION 26. COMMERCIAL FISHING VESSEL LICENSE AND OTHER
management or other forms of assistance in the 1973 Charter. The LICENSES.
present Constitution now allows only technical and financial
assistance. The management and the operation of the mining The municipal/city government shall have jurisdiction over municipal
activities by foreign contractors, the primary feature of the waters as defined in this Code. The municipal/city government, in
service contracts was precisely the evil the drafters of the 1987 consultation with the FARMC shall be responsible for the management,
Constitution sought to avoid. conservation, development, protection, utilization and disposition of
all fish and fishery/aquatic resources within their respective municipal
The constitutional provision allowing the President to enter into waters.
FTAAs is an exception to the rule that participation in the nations
natural resources is reserved exclusively to Filipinos. Accordingly, such The municipal/city government may, in consultation with the FARMC,
provision must be construed strictly against their enjoyment by non- enact appropriate ordinances for this purpose and in accordance with
Filipinos. Therefore, RA 7942 is invalid insofar as the said act the National Fisheries Policy. The ordinances enacted by the
authorizes service contracts. Although the statute employs the phrase municipality and component city shall be reviewed pursuant to
financial and technical agreements in accordance with the 1987 Republic Act No. 7160 by the Sanggunian of the province, which has
Constitution, its pertinent provisions actually treat these agreements jurisdiction over the same.
as service contracts that grant beneficial ownership to foreign
contractors contrary to the fundamental law. The LGUs shall also enforce all fishery laws, rules and regulations as
well as valid fishery ordinances enacted by the municipal/city council.
The underlying assumption in the provisions of the law is that the
foreign contractor manages the mineral resources just like the foreign The management of contiguous fishery resources such as bays which
contractor in a service contract. By allowing foreign contractors to straddle several municipalities, cities or provinces, shall be done in an
manage or operate all the aspects of the mining operation, RA 7942 integrated manner, and shall not be based on political subdivisions of
has, in effect, conveyed beneficial ownership over the nations mineral municipal waters in order to facilitate their management as single
resources to these contractors, leaving the State with nothing but bare resource systems. The LGUs, which share or border such resources
title thereto. may group themselves and coordinate with each other to achieve the
objectives of integrated fishery resource management. The Integrated
The same provisions, whether by design or inadvertence, permit a Fisheries and Aquatic Resources Management
circumvention of the constitutionally ordained 60-40% capitalization
requirement for corporations or associations engaged in the Councils (IFARMCs) established under Section 76 of this Code shall
exploitation, development and utilization of Philippine natural serve as the venues for close collaboration among LGUs in the
resources. management of contiguous resources.

When parts of a statute are so mutually dependent and connected as SECTION 45. DISPOSITION OF THE PUBLIC LANDS FOR FISHERY
conditions, considerations, inducements or compensations for each PURPOSES.
other as to warrant a belief that the legislature intended them as a
whole, then if some parts are unconstitutional, all provisions that are Public lands such as tidal swamps, mangroves, marshes, foreshore
thus dependent, conditional or connected, must fail with them. lands and ponds suitable for fishery operations shall not be disposed
or alienated. Upon effectivity of this Code, FLA may be issued for public
Under Article XII Section 2 of the 1987 Charter, foreign owned lands that may be declared available for fishpond development
corporations are limited only to merely technical or financial primarily to qualified fisherfolk cooperatives/associations: Provided,
assistance to the State for large-scale exploration, development however, That upon the expiration of existing FLAs the current lessees
and utilization of minerals, petroleum and other mineral oils. shall be given priority and be entitled to an extension of twenty-five
(25) years in the utilization of their respective leased areas. Thereafter,
VI. PHILIPPINE FISHERIES CODE OF 1998 (RA NO. 8550) such FLAs shall be granted to any Filipino citizen with preference,
primarily to qualified fisherfolk cooperatives/associations as well as
The State shall ensure the attainment of the following objectives of the small and medium enterprises as defined under Republic Act No. 8289:
fishery sector: Provided, further, That the Department shall declare as reservation,
portions of available public lands certified as suitable for fishpond
Conservation, protection and sustained management of the purposes for fish sanctuary, conservation, and ecological purposes:
country's fishery and aquatic resources; Provided, finally, That two (2) years after the approval of this Act, no
Poverty alleviation and the provision of supplementary fish pens or fish cages or fish traps shall be allowed in lakes.
livelihood among municipal fisherfolk;
Improvement of productivity of aquaculture within SECTION 46. LEASE OF FISHPONDS.
ecological limits;
Optimal utilization of off-shore and deep-sea resources; and Fishpond leased to qualified persons and fisherfolk
Upgrading of post-harvest technology. organizations/cooperatives shall be subject to the following
conditions:
SECTION 5. USE OF PHILIPPINE WATERS
Areas leased for fishpond purposes shall be no more than
The use and exploitation of the fishery and aquatic resources in 50 hectares for individuals and 250 hectares for
Philippine waters shall be reserved exclusively to Filipinos: Provided, corporations or fisherfolk organizations;
however, That research and survey activities may be allowed under The lease shall be for a period of twenty-five (25) years and
strict regulations, for purely research, scientific, technological and renewable for another twenty-five (25) years: Provided,
educational purposes that would also benefit Filipino citizens. That in case of the death of the lessee, his spouse and/or
children, as his heirs, shall have preemptive rights to the
SECTION 18. USERS OF MUNICIPAL WATERS unexpired term of his Fishpond Lease Agreement subject to
the same terms and conditions provided herein provided
All fishery related activities in municipal waters, as defined in this that the said heirs are qualified;
Code, shall be utilized by municipal fisherfolk and their Lease rates for fishpond areas shall be determined by the
cooperatives/organizations who are listed as such in the registry of Department: Provided, That all fees collected shall be
municipal fisherfolk. remitted to the National Fisheries Research and
Development Institute and other qualified research
The municipal or city government, however, may, through its local institutions to be used for aquaculture research
chief executive and acting pursuant to an appropriate ordinance, development;
authorize or permit small and medium commercial fishing vessels to The area leased shall be developed and producing on a
operate within the ten point one (10.1) to fifteen (15) kilometer area commercial scale within three (3) years from the approval
from the shoreline in municipal waters as defined herein, provided, of the lease contract: Provided, however, That all areas not
that all the following are met: fully producing within five (5) years from the date of

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 40 DIWATA NOTES (LAND, TITLES, AND DEEDS, 2014-2015)
Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, kindly exercise caution when using this material.

approval of the lease contract shall automatically revert to with memberships on more than one (1) management board, the LGU
the public domain for reforestation; shall designate only one (1) single representative for all the
The fishpond shall not be subleased, in whole or in part, and management areas wherein is a member.
failure to comply with this provision shall mean
cancellation of FLA; The governing board shall formulate strategies to coordinate policies
The transfer or assignment of rights to FLA shall be allowed necessary for the effective implementation of this Act in accordance
only upon prior written approval of the Department; with those established in the framework and monitor the compliance
The lessee shall undertake reforestation for river banks, with the action plan.
bays, streams and seashore fronting the dike of his fishpond
subject to the rules and regulations to be promulgated Each management area shall create a multi-sectoral group to establish
thereon; and and affect water quality surveillance and monitoring network
The lessee shall provide facilities that will minimize including sampling schedules and other similar activities. The group
environmental pollution, i.e., settling ponds, reservoirs, etc: shall submit its report and recommendation to the chairman of the
Provided, That failure to comply with this provision shall governing board.
mean cancellation of FLA.
A technical secretariat for each management area is hereby created
SECTION 87. POACHING IN PHILIPPINE WATERS. which shall be part of the department and shall provide technical
support to the governing board. They shall be composed of at least four
It shall be unlawful for any foreign person, corporation or entity to fish (4) members who shall have the following minimum qualifications:
or operate any fishing vessel in Philippine waters. One (1) member shall be a member of the Philippines Bar;
One (1) member shall be a Chemical Engineer, Chemist,
The entry of any foreign fishing vessel in Philippine waters shall Sanitary Engineer, Environmental Engineer or Ecologist or
constitute a prima facie evidence that the vessel is engaged in fishing in significant training and experience in chemistry;
Philippine waters. One (1) member shall be a Civil Engineer or Hydrologist or
Significant training and experience in closely related fields
Violation of the above shall be punished by a fine of One hundred and experience on ground water, respectively; and
thousand U.S. Dollars (US$100,000.00), in addition to the confiscation One (1) member shall be a Geologist, Biologist, or
of its catch, fishing equipment and fishing vessel: Provided, That the significant training and experience in closely related fields.
Department is empowered to impose an administrative fine of not less
than Fifty thousand U.S. Dollars (US$50,000.00) but not more than The areas within the jurisdiction of the Laguna Lake Development
Two hundred thousand U.S. Dollars (US$200,000.00) or its equivalent Authority (LLDA) shall be designated as one management area under
in the Philippine currency. the administration of LLDA in accordance with R.A. No. 4850, as
amended: Provided, However, That the standards promulgated
CASE: TANO VS. SOCRATES pursuant to this Act and wastewater charge system established
pursuant hereof shall be enforced in said area.
The Sangguniang Panlungsod of Puerto Princessa enacted ordinance
no. 15-92 banning the shipment of live fish and lobster outside Puerto CASE: MMDA VS. JANCOM ENVIRONMENTAL CORPORATION
Princessa City for a period of 5 years. In the same light, the
Sangguniang Panlalawigan of Palawan also enacted a resolution that Before us is a motion for reconsideration of our decision dated January
prohibits the catching, gathering, buying, selling and possessing and 30, 2002 affirming the judgment of the Court of Appeals, which in turn
shipment of live marine coral dwelling aquatic organisms for a period affirmed that of the regional trial court, declaring that there is a valid
of 5 years within the Palawan waters. The petitiones Airline and perfected waste management contract between the Republic of the
Shippers Association of Palawan together with marine merchants were Philippines and JANCOM Environmental Corporation, and dismissing
charged for violating the above ordinance and resolution by the city the petition filed by petitioner Metropolitan Manila Development
and provincial governments. The petitioners now allege that they have Authority for lack of merit. Petitioner has likewise filed a motion that
the preferential rights as marginal fishermen granted with privileges the case at bar be heard and resolved by the Court en banc.
provided in Section 149 of the Local Government Code, invoking the
invalidity of the above-stated enactments as violative of their RULING: Lastly, petitioner argues that the incineration technology
preferential rights. provided in the contract is prohibited by law, citing the Clean Air Act in
support thereof.This matter was hardly treated by the two courts
ISSUE: Whether or not the enacted rsolutions and ordinances by the below, rendering it almost a non-issue.The Court of Appeals, in its 20-
local government units violative of the preferential rights of the page decision, devoted two short paragraphs comprising all of three
marginal fishermen ? sentences to this matter (Rollo, p. 54).The regional trial court, for its
part, said that the issues "which should be addressed are the following:
(1) Is there a perfected contract between the parties? and (2)
RULING: No, the enacted resolution and ordinance of the LGU were not Does certiorari and/or prohibition lie in the case at bar?" (Rollo, p.
violative of their preferential rights. The enactment of these laws was a 157).We need but repeat now that, as pointed out by the appellate
valid exercise of the police power of the LGU to protect public interests court, Section 20, which provides:
and the public right to a balanced and healthier ecology. The rights and
privileges invoked by the petitioners are not absolute. The general SECTION 20.Ban on Incineration.- Incinertion, hereby defined aas the
welfare clause of the local government code mandates for the burning of municipal, bio-chemical and hazardous wastes, which process
liberal interpretation in giving the LGUs more power emits poisonous and toxic fumes, is hereby prohibited: xxx."
to accelerate economic development and to upgrade the life of the
people in the community. The LGUs are endowed with the power to does not absolutely prohibit incineration as a mode of waste disposal;
enact fishery laws in its municipal waters, which necessarily includes rather, only those burning processes which emit poisonous and toxic
the enactment of ordinances in order to effectively carry out the fumes are banned.
enforcement of fishery laws in their local community.
The rule that a statute should be given effect as a whole requires that
VIII. INDUSTRIAL, AIR, AND WATER POLLUTION the statute be so construed as to make no part or provision thereof a
surplusage. Each and every part of the statute should be given its due
Sec 3, Paragraph C, RA No. 9724: Transport and traffic management effect and meaning in relation to the rest. It is well settled that,
which includes the formulation, coordination and monitoring of whenever possible, a legal provision must not beso construed as to be
policies, standards, programs and projects to rationalize the existing a useless surplusage and, accordingly, meaningless in the sense of
transport operations, infrastructure requirements, the use of adding nothing to the law or having no effect whatsoever therein. To
thoroughfares, and promotions of safe and convenient movement of consider Section 20 of the Clean Air Act as prohibiting all forms of
persons and goods: provision for the mass transport system and the incineration would render the phrase "which process emits poisonous
institution of a system to regulate road users; administration and and toxic fumes" a useless surplusage, which could not have been the
implementation of all irerhe enforcement operations, traffic intention of legislature, seeing that our learned legislators even took
engineering services and traffic education programs, including the pains to define, in Section 5, Article II of the Clean Air Act what
institution of a single ticketing system in Metropolitan Manila. poisonous and toxic fumes are,

Water Quality Management Area. - The Department, in coordination Section 5. Definitions.- As used in this Act:
with National Water Resources Board (NWRB), shall designate certain
areas as water quality management areas using appropriate t) "Poisonous and toxic fumes" means any emissions and fumes which
physiographic units such as watershed, river basins or water resources are beyond internationally-accepted standards, including but not
regions. Said management areas shall have similar hydrological, limited to World Health Organization (WHO) guideline values;
hydrogeological, meteorological or geographic conditions which affect
the physicochemical, biological and bacteriological reactions and It may not, thus, be argued that the Clean Air Act prohibits all forms of
diffusions of pollutants in the water bodies, or otherwise share incineration as to make the contract in question violative of the Clean
common interest or face similar development programs, prospects or Air Act. This is not to say, of course, that the contract involved does not
problems. in fact run afoul with the Clean Air Act. That issue may still be raised by
the proper party in a proper action.
Said management area shall be governed by a governing board
composed of representatives of mayors and governors of member local
government units (LGUs), and representatives of relevant national
government agencies, duly registered non-governmental organization,
water utility sector, and business sector. The Department
representative shall chair the governing board. In the case of the LGUs

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