INTRODUCTION TO LAND OWNERSHIP

AND REGISTRATION IN THE PHILIPPINES

Atty. Pedro Jose F. Bernardo
This text is for limited and exclusive use, and is
intended only for the class in Land Titles and
Deeds taught by Atty. Bernardo at the F! " La
#alle Joint $BA%JD Program. &t is still a 'or(%in%
)rogress. !nauthori*ed co)ying and distribution is
strictly )rohibited.
PART I
INTRODUCTION TO LAND OWNERSHIP IN THE PHILIPPINES
I. The Regalian Doctrine and the Constittion
THE REGALIAN DOCTRINE
The +egalian Doctrine is the foremost legal )rinci)le introduced in the )olitical
system u)on the #)anish ,on-uest of the Phili))ine &slands in ./0.. This
doctrine assumes that the 1ing, as the 2ead of #tate, has the su)reme )o'er
over the land, 'aters, and of the country under 3urisdiction. Thus, by virtue of
discovery and con-uest of the Phili))ine &slands, the 1ing of #)ain ac-uired
exclusive dominion over the &slands.
As ado)ted in our re)ublican system of government, ho'ever, this medieval
conce)t of jura regalia has been stri))ed of its royal overtones4 o'nershi) is
vested in the #tate. #uch o'nershi), according to the case of Lee Hong Hok v.
David, reflects the ca)acity of state to o'n or ac-uire )ro)erty and is
understood under the conce)t of dominium. Thus, #ection 0, Article 5&& of the
.678 ,onstitution )rovides4 9All lands of the )ublic domain, 'aters, minerals,
coal, )etroleum, and other mineral oils, all forces of )otential energy, fisheries,
forests or time, 'ildlife, flora and fauna, and other natural resources are o'ned
by the #tate.:
Lee Hong Ho! ". Da"id
;.+. <o. L%=>=76, December 08, .680
D?,T+&<4 Imperium distinguished from dominum. The government
authority )ossessed by the state 'hich is a))ro)riately embraced in the
conce)t of sovereignty comes under the heading of imperium@ and its
ca)acity to o'n or ac-uire )ro)erty under dominium. The use of this
term is a))ro)riate 'ith reference to lands held by the state in its
)ro)rietary character. &n such ca)acity, it may )rovide for the
ex)loitation and use of lands and other natural resources, including their
dis)osition, exce)t as limited by the ,onstitution.
FA,T#4 Petitioners Lee 2ong 2o( et al. claim that the Torrens Title of
+es)ondent David over the dis)uted land A'hich is )art of the <aga
,adastreB should be declared null and void. The ,A found no legal
3ustification for nullifying the right of David over the dis)uted land
arising from the grant made in his favor by a))ro)riate )ublic officials.
David had ac-uired la'ful title over said land. The Director of Lands
a'arded him an order for issuance of a sales )atent )ursuant to his
miscellaneous sales a))lication. #ubse-uently, on the basis of such
order, the !ndersecretary of Agricultural and <atural +esources issued a
$iscellaneous #ales Patent and an ?,T 'as issued by the +egister of
Deeds of <aga ,ity in favor of the res)ondent.
&##!4 C?< the #tate can dis)ose of lands 'hich have not )assed into
)rivate o'nershi).
2
2LD4 &n this case the land in -uestion is not )rivate )ro)erty as the
Director of Lands and the #ecretary of Agriculture and <atural +esources
have al'ays sustained the )ublic character thereof for having been
formed by reclamation.
&t is 'ell%settled Dthat no )ublic land can be ac-uired by )rivate )ersons
'ithout any grant, ex)ress or im)lied, from the government.D &t is
indis)ensable then that there be a sho'ing of a title from the state or
any other mode of ac-uisition recogni*ed by la'.
&n the case at bar, a $iscellaneous #ales Patent and ?,T 'as issued in
favor of res)ondent David by com)etent )ublic officials. 2e had
ac-uired the grant and title legally. The notices regarding the auction
sale of the land 'ere )ublished, the actual sale and a'ard thereof to
David 'ere not clandestine but o)en and )ublic official acts of an officer
of the ;overnment. The a))lication 'as merely a rene'al of his
deceased 'ifeEs a))lication, and the said deceased occu)ied the land
since .6=7.
AThe first )aragra)h of #ection 0, Article 5&& says that 9all lands of the
)ublic domain x x x and other natural resources are o'ned by the
state,:B
A grant by the government through duly com)etent )ublic officials
cannot be disregarded on the )remise that land not )assing into )rivate
o'nershi) may not be dis)osed of by the state.
&n discussing the conce)t of 3ura regalia, the #u)reme ,ourt said4
90. As there are overtones indicative of s(e)ticism, if not of outright
re3ection, of the 'ell%(no'n distinction in )ublic la' bet'een the
government authority )ossessed by the state 'hich is a))ro)riately
embraced in the conce)t of sovereignty, and its ca)acity to o'n or
ac-uire )ro)erty, it is not ina))ro)riate to )ursue the matter further.
The former comes under the heading of im)erium and the latter of
dominium. The use of this term is a))ro)riate 'ith reference to lands
held by the state in its )ro)rietary character. &n such ca)acity, it may
)rovide for the ex)loitation and use of lands and other natural
resources, including their dis)osition, exce)t as limited by the
,onstitution. Dean Pound did s)ea( of the confusion that existed during
the medieval era bet'een such t'o conce)ts, but did note the existence
of res puli!ae as a corollary to dominium. As far as the Phili))ines 'as
concerned, there 'as a recognition by Justice 2olmes in Cari"o v.
Insular Government, a case of Phili))ine origin, that D#)ain in its earlier
decrees embodied the universal feudal theory that all lands 'ere held
from the ,ro'n . . .D That 'as a manifestation of the conce)t of jura
regalia, 'hich 'as ado)ted by the )resent ,onstitution, o'nershi)
ho'ever being vested in the state as such rather than the head thereof.
Chat 'as stated by 2olmes served to confirm a much more extensive
discussion of the matter in the leading case of #alenton v. $ur!iano,
decided in .6>F. ?ne of the royal decrees cited 'as incor)orated in the
Re!opila!ion de Le%es de las Indias in these 'ords4 DCe having ac-uired
in sovereignty over the &ndies, and all lands, territories, and )ossessions
not heretofore ceded a'ay by our royal )redecessors, or by us, or in our
name, still )ertaining to the royal cro'n and )atrimony, it is our 'ill that
3
all lands 'hich are held 'ithout )ro)er and true deeds of grant be
restored to us according as they belong to us, in order that after
reserving before all 'hat to us or to our viceroys, audiencias, and
governors may seem necessary for )ublic s-uares, 'ays, )astures, and
commons in those )laces 'hich are )eo)led, ta(ing into consideration
not only their )resent condition, but also their future and their )robable
increase, and after distributing to the natives 'hat may be necessary for
tillage and )asturage, confirming them in 'hat they no' have and
giving them more if necessary, all the rest of said lands may remain free
and unencumbered for us to dis)ose of as 'e may 'ish.D
&t could therefore be affirmed in $ontano v. Insular Government that Das
to the una))ro)riated )ublic lands constituting the )ublic domain the
sole )o'er of legislation is vested in ,ongress, . . .D They continue to
)ossess that character until severed therefrom by state grant. Chere,
as in this case, it 'as found by the ,ourt of A))eals that the dis)uted lot
'as the result of reclamation, its being correctly categori*ed as )ublic
land is undeniable. Chat 'as held in 2eirs of Datu Pendatun v. Director
of Lands finds a))lication. Thus4 DThere being no evidence 'hatever
that the )ro)erty in -uestion 'as ever ac-uired by the a))licants or
their ancestors either by com)osition title from the #)anish ;overnment
or by )ossessory information title or by any other means for the
ac-uisition of )ublic lands, the )ro)erty must be held to be )ublic
domain.D For it is 'ell%settled Dthat no )ublic land can be ac-uired by
)rivate )ersons 'ithout any grant, ex)ress or im)lied, from the
government.D &t is indis)ensable then that there be a sho'ing of a title
from the state or any other mode of ac-uisition recogni*ed by la'. The
most recent restatement of the doctrine, found in an o)inion of Justice
J.B.L. +eyes, follo's4 DThe a))licant, having failed to establish his right
or title over the northern )ortion of Lot <o. FG= involved in the )resent
controversy, and there being no sho'ing that the same has been
ac-uired by any )rivate )erson from the ;overnment, either by
)urchase or by grant, the )ro)erty is and remains )art of the )ublic
domain.D To re)eat, the second assignment of error is devoid of merit.:
The a))lication of +egalian Doctrine on the o'nershi) by the #tate of the
)ublic domain therefore im)lies that any )erson claiming o'nershi) of a
)ortion of the )ublic domain must be able to sho' title from the state
according to any of the recogni*ed modes of ac-uisition of title. Thus, all lands
not other'ise a))earing to be clearly 'ithin )rivate o'nershi) are presumed
to belong to the #tate. To overcome such )resum)tion, incontrovertible
evidence must be sho'n by the a))licant that the land sub3ect of the
a))lication is alienable or dis)osable.
Collado ". Cort o# A$$eals
=6> #,+A =F=
D?,T+&<4 All lands not other'ise a))earing to be clearly 'ithin )rivate
o'nershi) are )resumed to belong to the #tate.
FA,T#4 Petitioner filed 'ith the land registration court an a))lication for
registration of a )arcel of land, alleging that they had occu)ied the land
since time immemorial and that their )ossession had been o)en, )ublic,
notorious and in the conce)t of o'ners. The court rendered a decision
4
confirming the im)erfect title of )etitioners, holding that )etitioners had
adduced sufficient evidence to establish their registrable rights over the
Lot. ?n a))eal, the ,ourt of A))eals granted the )etition and declared
the decision of the trial court null and void. &t cited the +egalian
Doctrine, enshrined in the .6=/ AArt. 5&&&, #ec. .B, .68= AArt. 5&H, #ec. 7B,
and .678 ,onstitution AArt. 5&&, #ec. 0B, 'hich states that all lands of the
)ublic domain belong to the #tate. An a))licant, li(e the )rivate
res)ondents herein, bears the burden of overcoming the )resum)tion
that the land sought to be registered forms )art of the )ublic domain.&n
the case at bar, )rivate res)ondents failed to )resent any evidence
'hatsoever that the land a))lied for has been segregated from the bul(
of the )ublic domain and declared by com)etent authority to be
alienable and dis)osable. Corse, the technical descri)tion signed by the
officer in charge of the survey division in the Bureau of Lands
categorically stated that the survey 'as inside 9$ari(ina Catershed:.
The main thrust of )etitionersI claim over the Lot is that 9all Presidential
)roclamations li(e the )roclamation setting aside the $ari(ina
Catershed +eservation are sub3ect to )rivate rights.: They claim that
the )resum)tion of la' then )revailing under the Phili))ine Bill of .6>0
and Public Land Act <o. 60G 'as that the land )ossessed and claimed
by individuals as their o'n are agricultural lands and therefore alienable
and dis)osable.
2LD4 The ,ourt finds the )etition bereft of merit. &t 'as erroneous for
)etitioners to argue that under the Phili))ine Bill of .6>0 and Public
Land Act <o. 60G, mere )ossession by )rivate individuals of lands
creates the legal )resum)tion that the lands are alienable and
dis)osable. The term 9)ublic land: referred to all lands of the )ublic
domain 'hose title still remained in the government and are thro'n
o)en to )rivate a))ro)riation and settlement, and excluded the
)atrimonial )ro)erty of the government and the friar lands.: The .678
,onstitution )rohibits the alienation of all natural resources exce)t
agricultural lands of the )ublic domain. Catershed +eservation is a
<atural +esource.
&t can therefore be concluded that )etitioners did not ac-uire )rivate
rights over the )arcel of land )rior to the issuance of ? == segregating
the same as a 'atershed reservation. An im)erfect title may be derived
from old #)anish grants or a continuous, o)en and notorious )ossession
and occu)ation of agricultural lands of the )ublic domain under a bona
fide claim of o'nershi) for at least thirty years )receding the filing of his
a))lication as )rovided by #ection F7 AbB ,A .F.. The )etitioners 'ere
unable to ac-uire a valid and enforceable right or title because of the
failure to com)lete the re-uired )eriod of )ossession, 'hether under the
original #ection F7 AbB of ,A .F. )rior to the issuance of ? ==, or under
the amendment by +A .6F0 and PD .>8=.
At the same time, ? == reserved the Lot as a 'atershed. #ince then,
the Lot became non%dis)osable and inalienable )ublic land. The )eriod
of occu)ancy after the issuance of ? == in .6>F could no longer be
counted because as a 'atershed reservation, the Lot 'as no longer
susce)tible of occu)ancy, dis)osition, conveyance or alienation. #ection
F7 AbB of ,A .F., as amended, a))lies exclusively to alienable and
dis)osable )ublic agricultural land.
5
A )ositive act of the xecutive De)artment is needed to declassify land
'hich had been earlier classified as a 'atershed reservation and to
convert it into alienable or dis)osable land for agricultural or other
)ur)oses. ?nce a )arcel of land is included 'ithin a 'atershed
reservation duly established by xecutive Proclamation, as in the instant
case, a )resum)tion arises that the land continues to be )art of such
+eservation until clear and convincing evidence of subse-uent
declassification is sho'n.
vidence on record thus a))ears unsatisfactory and insufficient to sho'
clearly and )ositively that the Lot had been officially released from the
$ari(ina Catershed +eservation to form )art of the alienable and
dis)osable lands of the )ublic domain. Thus, neither )etitioners nor their
)redecessors%in%interest have been in o)en, continuous, exclusive and
notorious )ossession and occu)ation of the Lot for at least thirty years
immediately )receding the filing of the a))lication for confirmation of
title.
Pang!ati$ran ". Cort o# A$$eals
=86 #,+A G0.
D?,T+&<4 !nder the +egalian doctrine, all lands of the )ublic domain
belong to the #tate, and the #tate is the source of any asserted right to
o'nershi) in land and charged 'ith the conservation of such )atrimony.
This same doctrine also states that all lands not other'ise a))earing to
be clearly 'ithin )rivate o'nershi) are )resumed to belong to the #tate.
To overcome such )resum)tion, incontrovertible evidence must be
sho'n by the a))licant that the land sub3ect of the a))lication is
alienable or dis)osable.
FA,T#4 Petitioner filed 'ith the ,ourt of First &nstance an a))lication for
3udicial confirmation and registration of title to certain lots. The ,ourt of
First &nstance )romulgated a decision confirming )etitionersI title to the
)ro)erty. The ?fficial ,ertificate Title 'as issued in the name of the
)etitioners. +e)ublic of the Phili))ines filed 'ith the &ntermediate
A))ellate ,ourt an action to declare the )roceedings and titles derived
therefrom as null and void, to direct the register of deeds to annul said
certificates of title, and to confirm the sub3ect land as )art of the )ublic
domain. The ,ourt of A))eals set aside the June ./, .6G8 decision of the
court a -uo and ordered that the sub3ect lot be reverted bac( to the
)ublic domain.
2LD4 The )etition is bereft of merit. !nless )ublic land is sho'n to have
been reclassified or alienated to a )rivate )erson by the #tate, it
remains )art of the inalienable )ublic domain. ?ccu)ation thereof in the
conce)t of o'ner, no matter ho' long, cannot ri)en into o'nershi) and
be registered as a title.
vidence on record sho'ed that at the time of filing of the a))lication
for land registration and issuance of the certificate of title over the
dis)uted land in the name of )etitioners, the same 'as timberland and
formed )art of the )ublic domain. Based on a 'rong conce)t of 'hat is
forest land, the court a -uo found registrable title in favor of )etitioners
based on the +e)ublicIs failure to sho' that the land is more valuable as
forest land than for agricultural )ur)oses.
6
There 'as no evidence sho'ing that the land has been reclassified as
dis)osable or alienable. Before any land may be declassified from the
forest grou) and converted into alienable or dis)osable land for
agricultural or other )ur)oses, there must be a )ositive act from the
government. ven rules on the confirmation of im)erfect titles do not
a))ly unless and until the land classified as forest land is released in an
official )roclamation to that effect so that it may form )art of the
dis)osable agricultural lands of the )ublic domain. Declassification of
forest land is an ex)ress and )ositive act of ;overnment. &t cannot be
)resumed. <either should it be ignored nor deemed 'aived.
#ince the land in -uestion is unregistrable, the land registration court
did not ac-uire 3urisdiction over the same. Any )roceedings had or
3udgment rendered therein is void and is not entitled to the res)ect
accorded to a valid 3udgment.
APetitionersI contention that the +e)ublic is no' barred from -uestioning
the validity of the certificate of title issued to them considering that it
too( the government almost eighteen A.7B years to assail the same is
erroneous. &t is a basic )rece)t that )rescri)tion does not run against
the #tate. The lengthy occu)ation of the dis)uted land by )etitioners
cannot be counted in their favor, as it remained )art of the )atrimonial
)ro)erty of the #tate, 'hich )ro)erty, as stated earlier, is inalienable
and indis)osable.B
LI$ITATION& ON THE REGALIAN DOCTRINE
By virtue of the #tateIs )o'er of o'nershi) over the )ublic domain, it could
thereby exercise its rights of o'nershi), 'hich include the )o'er to ex)loit,
develo) and alienate such natural resources. The ,onstitution, ho'ever,
)rovides for s)ecific limitations to such )o'er. These are enumerated in
#ections 0 and = of Article 5&&.
Because 'e are no' only concerned 'ith the ,onstitutional limitations on the
)o'er of the #tate to dis)ose of lands of the )ublic domain, 'e note the
follo'ing s)ecific )rovisions4
9#,T&?< 0. All lands of the )ublic domain . . . are o'ned by the #tate.
Cith the exce)tion of agricultural lands, all other natural resources shall
not be alienated. . .:
9#,T&?< =. Lands of the )ublic domain are classified into agricultural,
forest or timber, mineral lands, and national )ar(s. Agricultural lands of
the )ublic domain may be further classified by la' according to the uses
'hich they may be devoted. Alienable lands of the )ublic domain shall
be limited to agricultural lands. Private cor)orations or associations may
not hold such alienable lands of the )ublic domain exce)t by lease, for a
)eriod not exceeding t'enty%five years, rene'able for not more than
t'enty%five years, and not to exceed one thousand hectares in area.
,iti*ens of the Phili))ines may lease not more than five hundred
hectares, or ac-uire not more than t'elve hectares thereof by )urchase,
homestead, or grant.
7
Ta(ing into account the re-uirements of conservation, ecology, and
develo)ment, and sub3ect to the re-uirements of agrarian reform, the
,ongress shall determine, by la', the si*e of lands of the )ublic domain
'hich may be ac-uired, develo)ed, held, or leased and the conditions
therefor.:
Thus, 'ith reference to the +egalian Doctrine, these )rovisions )rovide that
'hile no )ublic land can be ac-uired by )rivate )ersons 'ithout any grant,
ex)ress or im)lied, from the government, only alienable and dis)osable lands
of the )ublic domain may nonetheless be sub3ect of such grant. Furthermore,
the grantees of such land, even if alienable, must similarly com)ly 'ith the
citi*enshi) re-uirements )rescribed by the ,onstitution.
&t must also be noted that not'ithstanding the a))lication of the +egalian
Doctrine, the coloni*ers a))lying the doctrine did not intend to stri) the natives
of their o'nershi) of lands already belonging to them. This 'as the ruling in
the landmar( case of Cari"o v. Insular Government' () *+il. ,-. /),0,1' 'here
the #u)reme ,ourt said4 9'hen, as far bac( as testimony or memory goes, the
land has been held by individuals under a claim of )rivate o'nershi), it 'ill be
)resumed to have been held in the same 'ay from before the #)anish
con-uest and never have been )ublic land.: ,onse-uently, such land, if not
o'ned by the #tate at the time of the #)anish con-uest, could not have been
ceded by #)ain to the !nited #tates through the Treaty of Paris, and later, to
the Phili))ine ;overnment by the time of the ,ommon'ealth.
The doctrine of immemorial )ossession set forth in Cari"o 'as also recogni*ed
in the o)inion defending the constitutionality +e)ublic Act <o. 7=8. or
&ndigenous Peo)leIs +ights Act A&P+AB. &n the case of Cru2 v. E3e!utive
&e!retar%' ;.+. <o. .=/=7/, G December 0>>>, +e)ublic Act <o. 7=8. said 'as
assailed as unconstitutional on the ground that it de)rived the state of
o'nershi) over lands of )ublic domain and natural resources contained
therein. The votes 'ere deadloc(ed at 8%8 'hich meant that the validity of the
&P+A 'as u)held. The o)inion defending the validity of the &P+A held that
ancestral domain and ancestral lands are )rivate and belong to the indigenous
)eo)le.
Cari%o ". Inslar Go"ern&ent
F. Phil. 6=G
FA,T#4 An &gorot a))lied to the Phili))ine court for registration of a
certain )arcel of land. The )laintiff and his ancestors held the land since
time immemorial. The Phili))ine government o))osed such a))lication
saying that there is no )rescri)tion against the cro'n, and even if there
'as, the land is not registered therefore it is )ublic land by virtue of the
Decree of June 0/, .77> 'hich re-uired registration for good title@ and
because of such the !.#. is the o'ner of the )ro)erty by succeeding
#)ain by virtue of the Treaty of Paris.
&##!4 C?< the land is )ublic or not.
8
2LD4 &t is not )ublic. &n this case, every )resum)tion must be in favor of
the individual and against the government. Therefore, it can be 9)ro)er
and sufficient to say that 'hen, as far bac( as testimony or memory
goes, the land has been held by individuals under a claim of )rivate
o'nershi), it 'ill be )resumed to have been held in the same 'ay from
before the #)anish con-uest, and never to have been )ublic land.: Cith
this, it can be inferred that immemorial )ossession is an exce)tion from
the +egalian Doctrine because it is considered )rivate land even before
the #)aniards came, 9'hen the regalia doctrine 'as introduced into the
Phili))ines by coloni*ers, the coloni*ers did not intend to stri) the
natives of their o'nershi) of lands already belonging to them.:
Cith regards to the Decree of June 0/, .77>, it intended to correct the
'rongful occu)ation by Fili)inos of land belonging to the cro'n. There is
no evidence that the )ossession of the )etitioner is 'rongful.
Cr' ". E(ecti"e Secretar)
=F8 #,+A .07
FA,T#4 +A 7=8. 'as assailed as unconstitutional on the ground that it
de)rived the #tate of its o'nershi) over lands of the )ublic domain and
the natural resources in them. +A 7=8. defined 'hat are ancestral
domains and ancestral lands.
2LD4 The vote 'as 8%8 'hich meant that validity 'as u)held. The
o)inion defending constitutionality held the follo'ing4 A.B ancestral
domain and ancestral lands are not )art of lands of the )ublic domain.
They are )rivate and belong to indigenous )eo)le. #ection / commands
the state to )rotect the rights of indigenous )eo)le. Cari"o v. Insular
Government recogni*ed native title held by Fili)inos from time
immemorial and excluded them from the coverage of jura regalia. A0B
The right of o'nershi) granted does not include natural resources. The
right to negotiate terms and conditions over natural resources covers
only ex)loration to ensure environmental )rotection. &t is not a grant of
ex)loration rights. A=B The limited right of management refers to
utili*ation as ex)ressly allo'ed in #ection 0, Article 5&&. AFB Chat is given
is )riority right, not exclusive right. &t does not )reclude the #tate from
entering into co%)roduction, 3oint venture, or )roduction sharing
agreements 'ith )rivate entities.
The o)inion assailing the constitutionality of the la' held the follo'ing4
A.B the la' amounts to an abdication of state authority over a significant
area of the countryIs )atrimony@ A0B it relin-uishes full control of natural
resources in favor of indigenous )eo)le@ A=B the la' contravenes the
)rovision 'hich says that all natural resources belong to the state.
&n addition, Phili))ine 3uris)rudence has also recogni*ed that aside from lands
held by )erson through immemorial )ossession, )ro)erties of the #tate, even if
administered by the #)anish coloni*ers, are also not considered )ublic land. &t
'as not the 1ing of #)ain 'ho 'as the o'ner of ecclesiastical )ro)erty during
the time of the #)anish occu)ation@ these lands 'ere o'ned by the +oman
,atholic ,hurch. Therefore ecclesiastical )ro)erty 'as never )ublic land and
could not have been transferred to the !nited #tates by virtue of the Treaty of
Paris.
9
*arlin ". Ra&ire'
8 Phil. F.
FA,T#4 Barlin a))ointed +amire* to administer ,hurch )ro)erty. Chen
the former as(ed the latter to return the said )ro)erty, the latter
refused. 2e said that the )ro)erty belongs to the #tate, and the same is
granted to him by the #tate.
&##!4 C?< Barlin should return the said )ro)ertyJ
2LD4 Kes, he should return the said )ro)erty. First, he is sto))ed by
recogni*ing that the said )ro)erty 'as only entrusted to him. #econd
the land belongs to the +oman ,atholic ,hurch. #ince it belonged to the
+oman ,atholic ,hurch, it 'as never )ublic and therefore it 'as not
included to the )ro)erty ceded by #)ain to the !.#. by virtue of the
Treaty of Paris.
Ro&an Catholic Chrch ". +nici$al o# Tarlac
6 Phil. F/>
FA,T#4 Prior to the +evolution, the ,hurch and cemetery is controlled
and administered by the +oman ,atholic ,hurch. The said )ro)erties
'here destroyed during the revolution. ?n January .>, .6>=, by virtue of
the circular, the &nsular ;overnment conveyed the land to the
&nde)endent Fili)ino ,hurch for the )ur)ose of administration in favor of
the $unici)ality of Tarlac. The +oman ,atholic ,hurch see(s to get the
)ro)erty bac(. The res)ondent said that the +,, only administered the
)ro)erty but does not o'n it because it belongs to the #tate.
&##!4 C?< the )ro)erty involved belonged to the #tate.
2LD4 <o, it belongs to the ,hurch. As it 'as held in Barlin v. +amire*,
even though the )ro)erty is administered by the #)anish government it
belonged to the +,, and therefore )rivate )ro)erty. &t could not have
been )art of the lands ceded to the !.#. by #)ain. And because it is not
)art of the )ro)erty ceded, it is not a )ro)erty of the #tate and cannot
by conveyed by it.
Friar lands 'ere also an exce)tion to the +egalian Doctrine because they are
)rivate lands at the time #)ain ceded to the !nited #tates the Phili))ine
&slands and by the time they 'ere )urchased by the government they 'ere
)atrimonial )ro)erty.
.
II. Lands o# the P,lic Do&ain
The term 9)ublic lands: refer to such lands of the )ublic domain as are sub3ect
to alienation and dis)osal by the #tate in accordance 'ith ,ommon'ealth Act
<o. .F., of the Public Land Act. &t does not include all lands of government
o'nershi), but only so much of said lands as are thro'n o)en to )rivate
a))ro)riation and settlement. Accordingly, 9government land: and 9)ublic
.
Jacinto v. Director of Lands, F6 Phil. 7/=.
10
land: are not synonymous terms@ the first is more extensive and embraces not
only the second by also other lands of the government already reserved to
)ublic use or sub3ect to )rivate right.
0
GENERAL CLA&&I4ICATION O4 LAND& O4 THE *56LIC DO$AIN
As already set forth above, #ection =, Article 5&& of the .678 ,onstitution
classifies lands of the )ublic domain as A.B agricultural, A0B forest or timber, A=B
mineral and AFB national )ar(s. The classification is descri)tive of the legal
nature of the land and not of 'hat it loo(s li(e. Furthermore, under #ection 0,
Article 5&&, alienable lands of the )ublic domain under the ,onstitution are
limited only to agricultural lands.
This is reflected in #ection G of ,ommon'ealth Act <o. .F. of the Public Land
Act. Chile the Public Land Act generally deals only 'ith alienable lands of the
)ublic domain,
=
it nonetheless )rovides the follo'ing s)ecific )rovision4
#,T&?< G. The President, u)on the recommendation of the #ecretary
of Agriculture and ,ommerce, shall from time to time classify the lands
of the )ublic domain into L
AaB Alienable or dis)osable,
AbB Timber, and
AcB $ineral lands,
and may at any time and in a li(e manner transfer such lands from one
class to another, for the )ur)oses of their administration and dis)osition.
<otably, the )o'er to classify lands of the )ublic domain is vested in the
President. &n Dire!tor o7 Lands v. Court o7 Appeals,
F
the #u)reme ,ourt,
a))lying the foregoing )rovision, ruled that 9the classification of )ublic land is
an exclusive )rerogative of the xecutive De)artment of the ;overnment and
not of the ,ourts. &n the absence of such classification, the lands remain as
unclassified land until it is released therefrom and rendered o)en to
dis)osition. This should be so under time honored ,onstitutional )rece)ts. This
is also in consonance 'ith the +egalian Doctrine that all lands of the )ublic
domain belong to the #tate, and that the #tate is the source of any asserted
right to o'nershi) in the land and charged 'ith the conservation of such
)atrimony.:
#uch classifications, ho'ever, must be categorical4 that is, land is either
com)letely agricultural or com)letely mineral or com)letely forest or )ar(.
/
A
land cannot have a mixed classification. &n Repuli! v. Court o7 Appeals,
G
9the
,ourt feels that the rights over the land are indivisible and that the land itself
0
<A+,&#? PMA, P2&L&PP&< LAC ?< <AT!+AL +#?!+,# .8 A.668B. Nhereinafter PMA, <AT!+AL
+#?!+,#O.
=
&ee #ection 0 of the Public Land Act.
F
.06 #,+A G76
/
B+<A#, ,?$$<TA+K supra note .=, at ..F/.
G
.G> #,+A 007 A.677B.
11
cannot be half agricultural and half mineral. The classification must be
categorical4 the land must be either com)letely mineral or com)letely
agricultural.:
Furthermore, the ,ourt ruled in Dire!tor o7 Lands v. 8udge A9uino,
8
that the
classification of land does not change 'hen the nature of the land changes. A
)ositive act of the executive is nonetheless needed. Anyone 'ho claims that
the classification has been changed must be able to sho' the )ositive act of
the President indicating such )ositive act.
Director o# Lands ". A-ino
.60 #,+A 06G
FA,T#4 Abra industrial ,or)oration sought to register a 9limestone%rich
8> hectar land in Bucay, Abra GG hectars of 'hich allegedly belongs to
the ,entral ,ordillera Forest +eserve. The lo'er court gave due course
to the a))lication. &t ruled that although )art of the land is 'ithin the
forest reserve the Bureau of Forestry 9offered no ob3ection to exclude
the same area from the forest reserve.: The Director Lands contends
such ruling as incorrect.
&##!4 C?< the Lo'er ,ourt is correct in granting the a))lication for
registration.
2LD4 <o, The lac( of ob3ection on the )art of the Bureau of Forestry is
of no moment because the classification of lands is )rivilege given only
to the President. Cithout any )ositive act from him, a land cannot be
classified nor re%classified.&n the )resent case, there 'as no )ositive act
'hatsoever from the executive de)artment classifying such land an
alienable or dis)osable. Therefore, the a))lication for registration must
be denied because the land involved cannot be alienated because it is
Forest Land.
Director o# Lands ". Cort o# A$$eals
0.. #,+A 7G6
FA,T#4 +es)ondents tried to register a certain )arcel of land. They have
used the said land for raising livestoc( for many years. The government
o))osed stating the land is classified as a forest land.
&##!4 C?< the registration )ro)er.
2LD4 <o. The )o'er to classify lands of )ublic domain resides in the
executive de)artment. And if there is )roof the executive de)artment
that such land is classified as a forest land therefore the burden of )roof
is u)on the a))licant to sho' that the involved land is already classified
as alienable. &n the )resent case, the a))licant failed to sho' such
)roof. The ,ourt also held that the 'ord 9timber: land in the Public Land
Act is the same as 9forest: land in the ,onstitution. And even if the land
8
;.+. <o. =.G77, December .8, .66>.
12
does not loo( li(e a forest it is still forest land as long as it is classified as
such.
&t should also be stressed, ho'ever, that, by virtue of the +egalian Doctrine,
the )o'er of the executive to classify lands of the )ublic domain is only a
delegated )o'er by the Phili))ine legislature. Thus, under #ection G of the
Public Land Act, both the President and ,ongress are em)o'ered to declare
'hat )ublic lands are o)en to dis)osition or concession under this Act.
&n addition to the )o'er to classify lands of the )ublic domain into alienable or
dis)osable, timer, mineral lands and, through the <i)as Act, national )ar(s, the
President also has the )o'er to declare other'ise alienable or dis)osable lands
as reservations, for to'n sites and for other )ublic and semi%)ublic )ur)oses.
7
The effect of such reservation is that such land, 'hile alienable, cannot be
transferred to )ublic individuals, and must be held by the #tate, either through
the national government or a corres)onding local government unit.
THE *56LIC LAND ACT AND THE CLA&&I4ICATION O4 ALIENA6LE LAND&
O4 THE *56LIC DO$AIN
Public lands, or those lands of the )ublic domain 'hich are o)en to dis)osition
and alienation, are governed by ,ommon'ealth Act <o. .F., or the Public Land
Act. Passed into la' in .67=, the Act sought to codify all la's relating to )ublic
lands then existing at the time of its enactment. Thus, #ection 0 of the Public
Land Act )rovides for the la'Is coverage4
#,T&?< 0. The )rovisions of this Act shall a))ly to the lands of
the )ublic domain@ but timber and mineral lands shall be
governed by s)ecial la's and nothing in this Act )rovided shall be
understood or construed to change or modify the administration
and dis)osition of the lands commonly called Dfriar landsD and
those 'hich, being )rivately o'ned, have reverted to or become
the )ro)erty of the ,ommon'ealth of the Phili))ines, 'hich
administration and dis)osition shall be governed by the la's at
)resent in force or 'hich may hereafter be enacted.
xce)ted from the Act 'ere timber and mineral lands, 'hich 'ere to be
governed by s)ecial la's, as 'ell as 9friar lands:
6
and those 'hich, being
)rivately o'ned, have reverted bac( to the government.
Friar lands, 'hich are different from lands o'ned by the ,hurch, are those
lands of certain haciendas 'hich 'ere ac-uired by the government from
religious ordersPcor)orations or organi*ations in .6>0. 2o'ever, even though
7
&ee Title H of the Public Land Act.
6
Friar lands, 'hich are different from lands o'ned by the ,hurch, are those lands of
certain haciendas 'hich 'ere ac-uired by the government from religious
ordersPcor)orations or organi*ations in .6>0. 2o'ever, even though they 'ere bought by
the Phili))ine ;overnment they are not considered )ublic lands AAct ..0>B.
13
they 'ere bought by the Phili))ine ;overnment they are not considered )ublic
lands.
.>
<otably, once )ublic lands ac-uired under any of the methods )rovided by the
Public Land Act, these are no longer to be governed by the )rovisions of the
said Act. Thus, it 'as held that 'here )art of the )ublic lands has been legally
a))ro)riated or ac-uired by a )rivate individual, the same shall be deemed
segregated from the mass of the )ublic lands and no la' or )roclamation
thereafter made or issued relating to )ublic lands shall o)erate u)on it
inasmuch as the sub3ect of such free%hold or )rivate land is not embraced in
nor covered by the title of said Act.
..

!nder #ection 6 of the Public Land Act, alienable and dis)osable lands of the
)ublic domain are further classified as AaB Agricultural, AbB +esidential,
commercial, industrial, or for similar )roductive )ur)oses@ AcB ducational,
charitable, or other similar )ur)oses@ and AdB +eservations for to'n sites and
for )ublic and -uasi%)ublic uses.
#,T&?< 6. For the )ur)ose of their administration and dis)osition,
the lands of the )ublic domain alienable or o)en to dis)osition shall be
classified, according to the use or )ur)oses to 'hich such lands are
destined, as follo's4
AaB Agricultural@
AbB +esidential, commercial, industrial, or for similar )roductive
)ur)oses@
AcB ducational, charitable, or other similar )ur)oses@
AdB +eservations for to'n sites and for )ublic and -uasi%)ublic uses.
The President, u)on recommendation by the #ecretary of Agriculture
and ,ommerce, shall from time to time ma(e the classifications
)rovided for in this section, and may, at any time and in a similar
manner, transfer lands from one class to another.
&t should be stressed that 'hile #ection 6 classifies agricultural land se)arate
from residential, commercial, educational, reservations, etc., all lands
enumerated under the said )rovision all corres)ond to agricultural land as
understood 'ithin #ection =, Article 5&& of the ,onstitution as o)en to alienation
or dis)osition. The classification under #ection 6, therefore, is for )ur)oses of
administration and disposition, according to the )ur)ose to 'hich said lands
are es)ecially ada)ted. But not'ithstanding this classification, all of said lands
are essentially agricultural lands 'hich may be alienated.
$ODE& O4 DI&*O&ITION O4 *56LIC LAND&
.>
C2+A#, the said lands are not D)ublic landsD in the sense in 'hich those 'ords are
used in the Public Land Act, <umber <ine 2undred and t'enty%six, and cannot be ac-uired
or leased under the )rovisions thereof, and it is necessary to )rovide )ro)er agencies for
carrying out the terms of said contracts of )urchase and the re-uirements of said Act of
,ongress 'ith )reference to the leasing and selling of said lands and the creation of a
sin(ing fund to secure the )ayment of the bonds so issued AAct ..0>B.
..
,entral ,a)i* v. +amire*, ;+ <o. F>=66, F> Phil. 77= A.66>B.
14
As 'e have learned under the +egalian Doctrine, no )ublic land can be
ac-uired by )rivate )ersons 'ithout any grant, ex)ress or im)lied from the
government. &n other 'ords, it is indis)ensable that there be a sho'ing of a
title form the state. ?ne claiming 9)rivate rights: must )rove that he has
com)lied 'ith the Public Land Act 'hich )rescribes the substantive as 'ell as
the )rocedural re-uirements for ac-uisition of )ublic lands.
.0

Furthermore, only those lands shall be declared o)en to dis)osition or
concession 'hich have been officially delimited and classified and, 'hen
)racticable, surveyed, and 'hich have not been reserved for )ublic or -uasi%
)ublic uses, nor a))ro)riated by the government, nor in any manner become
)rivate )ro)erty, nor those on 'hich a )rivate right authori*ed and recogni*ed
by the Act or any valid la' may be claimed or 'hich, having been reserved or
a))ro)riated have ceased to be so. &n the absence of such classification, the
land remains as unclassified land until it is released therefrom and rendered
o)en to dis)osition.
.=
&n $enguito v. Repuli!,
.F
it 'as held that unless )ublic
land is sho'n to have been reclassified or alienated to a )rivate )erson by the
#tate, it remains )art of the inalienable )ublic domain. &ndeed, occu)ation
thereof in the conce)t of o'ner, no matter ho' long, cannot ri)en into
o'nershi) and be registered as a title.
A. Agri!ultural Lands
Public lands suitable for agricultural )ur)oses can be dis)osed of only as
follo's, and not other'ise4
./
A.B For homestead settlement@
A0B By sale@
A=B By lease@
AFB By confirmation of im)erfect or incom)lete titles4
AaB By 3udicial legali*ation@
AbB By administrative legali*ation Afree )atentB.
Homestead &ettlement
By homestead is meant the home, the house and the ad3oining land 'here the
head of the family d'ells@ the home farm@ the fixed residence of the head of a
family, 'ith the land and buildings surrounding the main house.
.G
Technically,
and under the modern homestead la's, it is an artificial estate in land, devised
to )rotect the )ossession and en3oyment of the o'ner against the claims of his
creditors, by 'ithdra'ing the )ro)erty from execution and forced sale, so long
as the land is occu)ied as a home.
.8

.0
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at .6.
.=
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at 0>.
.F
=F7 #,+A .07 A0>>>B.
./
#ection .., Public Land Act.
.G
?liver v. #no'den, .7 Fla. 70/, F= Am. +e). =77.
.8
Buc(ingham v. Buc(ingham, 7 $ich. 76, F/ <.C. />F.
15
To -ualify for a homestead settlement, the a))licant must sho' that he is a
citi*en of the Phili))ines over the age of eighteen years, or is the head of a
family, and does not o'n, or has not received by gratuitous allotment from the
government, more than t'enty%four hectares of land in the Phili))ines. #uch
homestead settlement must not exceed t'enty%four hectares of agricultural
land of the )ublic domain.
.7
&n order to be entitled to a land grant, the
a))licant is re-uired to cultivate and im)rove at least .P/ of the land
continuously since the a))roval of the a))lication and has resided therein for
at least one year in the munici)ality in 'hich the land is located, or in a
munici)ality ad3acent to the same.
.6

#hould the a))licant com)ly 'ith the foregoing obligations, he shall ac-uire a
vested right to the land, and 'ill be entitled to receive a final deed of
conveyance called a homestead )atent. The execution and delivery of the
)atent, after the right to a )articular )arcel of land has become com)lete, are
the mere ministerial acts of the officer charged 'ith that duty. ven 'ithout a
)atent, a )erfected homestead is a )ro)erty right in the fullest sense,
unaffected by the fact that the )aramount title to the land is still in the
government. #uch land may be conveyed or inherited. <o subse-uent la' can
de)rive him of that vested right.
0>
The #u)reme ,ourt has held that once a homestead a))licant has com)lied
'ith all the conditions essential to a government grant, he ac-uires not only a
right to a grant, but a grant of the government. Thus, 'here all the necessary
re-uirements for a grant by the ;overnment are com)lied 'ith through actual
)hysical )ossession o)enly, continuously, and )ublicly, 'ith a right to a
certificate of title to said land, the )ossessor is deemed to have already
ac-uired by o)eration of la' not only a right to a grant, but a grant of the
;overnment, for it is not necessary that a certificate of title to be issued in
order that said grant may be sanctioned by the courts " an a))lication
therefore being sufficient under the Public Land Act.
0.
As ex)lained in La+ora v. Da%ang+irang,
00
'here dis)osable )ublic land is
granted by the government by virtue of a )ublic land )atent Ali(e homestead,
sales or free )atentB, the )atent is recorded and the corres)onding certificate
of title is issued to the grantee@ thereafter, the land is automatically brought
'ithin the o)eration of the Pro)erty +egistration Decree, entitled to all the
safeguards of a veritable Torrens title. &n other 'ords, u)on ex)iration of one
year from its issuance, the certificate of title shall become irrevocable and
indefeasible li(e a certificate issued in a registration )roceeding.
.7
#ection .0, Public Land Act. <ote, ho'ever, that under #ection =, Article 5&& of the
,onstitution, 9,iti*ens of the Phili))ines may lease not more than five hundred hectares,
or ac-uire more than t'elve hectares thereof by )urchase, homestead or grant.:
.6
#ection .F, Id.
0>
A;,A?&L&, <AT!+AL +#?!+,#, supra note ./, at 0.%00.
0.
$esina v. #on*a, ;.+. <o. L%.F800, $ay 0/, .6G>, .>7 Phil. 0/..
00
=8 #,+A =FG A.68.B.
16
&n *ajoma%o v. $anipon,
0=
it 'as held that once a homestead )atent granted in
accordance 'ith the Public Land Act is registered, the certificate of title issued
by virtue of said )atent has the force and effect of a Torrens title issued
through 3udicial registration )roceedings. This )rinci)le is a))licable to
certificates of title issued by virtue of other land )atents under the Public Land
Act.

&ale
Agricultural lands may also be dis)osed of through sale in favor of any citi*en
of the Phili))ines over .7 years of age or the head of a family, but not to
exceed t'elve hectares.
0F
The sale is re-uired to be made through seal )ublic
bidding 'hereby the land sought to be )urchased shall be a'arded to the
highest bidder, but the a))licant may e-ual the highest bid.
0/
The )urchase
)rice may be )aid in full u)on the ma(ing of the a'ard or in not more than ten
e-ual annual installments from the date of the a'ard. &t is re-uired that the
)urchaser shall have not less than one%fifth of the land cultivated 'ithin five
years from the date of the a'ard, and before any )atent is issued, he must
sho' actual occu)ancy, cultivation and im)rovement of at least one%fifth of the
land until the date of final )ayment.
0G
&n addition to the foregoing obligations, the grantee is also not )ermitted to
convey or encumber any of his rights over the land to any )erson, cor)oration,
or association 'ithout the a))roval of the #ecretary of nvironment and
<ational +esources. This limitation shall subsist for a )eriod of ten A.>B years
from the title is granted to the )atentee. <otably, any sale or encumbrance
made in violation of the )rovisions of this section shall be null and void, and
shall )rocedure the effect of annulling the ac-uisition and reverting the
)ro)erty and all rights thereto to the #tate, and all )ayments on the )urchase
)rice made to the government shall be forfeited.
08
Lease
Any citi*en of la'ful age of the Phili))ines, and any cor)oration or association
of 'hich at least sixty per !entum of the ca)ital stoc( or of any interest in said
ca)ital stoc( belongs 'holly to citi*ens of the Phili))ines, may lease any tract
of agricultural )ublic land available for lease under ,ha)ter H& ALeaseB of the
Act.
07
Pursuant to #ection =, Article 5&& of the ,onstitution, )rivate cor)orations
may lease alienable lands of the )ublic domain for a )eriod not exceeding 0/
years, rene'able for not more than 0/ years, and not to exceed .,>>>
hectares. ,iti*ens of the Phili))ines may lease not more than />> hectares, or
ac-uire no more than .0 hectares thereof by )urchase, homestead or grant.
06

0=
=6 #,+A G8G A.68.B.
0F
&upra note .=8.
0/

0G
#ections 00, 0G and 07, Public Land Act.
08
#ection 06, Id.
07
#ec. ==, Iid.
06
A;,A?&L&, <AT!+AL +#?!+,#, supra note ./, at 0F%0/.
17
&t shall be an inherent and essential condition of the lease that the lessee shall
have not less than one%third of the land bro(en and cultivated 'ithin five years
after the date of the a))roval of the lease. 2o'ever, in case the land leased is
to be devoted to )asture, it shall be sufficient com)liance 'ith this condition if
the lessee shall gra*e on the land as many heads of cattle as 'ill occu)y at
least one%half of the entire area at the rate of one head )er hectare.
=>
8udi!ial !on7irmation o7 imper7e!t or in!omplete title
!nder the Public Land Act, )ersons already in )ossession of alienable lands of
the )ublic domain may, by the mere )assage of time or failure to obtain title
through no fault of their o'n, be constituted o'ners of the said )arcels of land,
sub3ect to the -ualifications and limitations set forth therein.
Thus, 'hen an a))licant conforms to all the re-uisites of confirmation
)rescribed under the Public Land Act, he obtains the right to a grant 'ithout
the necessity of a certificate of title being issued. The a))lication for
confirmation becomes a mere formality, the lac( of 'hich does not affect the
legal sufficiency of the title as 'ould be evidenced by the )atent and the
Torrens title to be issued u)on the strength of said )atent.
=.
Ssi ". Ra'on
F7 Phil. F0F A.60/B
Petitioner #usi has been in o)en, continuous, adverse and )ublic
)ossession, )ersonally and through his )redecessors, of a certain )arcel
of land since .77>. Then the Director of Lands sold the said land to the
res)ondent by virtue of an a))lication for )urchase filed on August ./,
.6.F. The court ruled that by the time the res)ondent filed his
a))lication for )urchase the )etitioner has already )ossessed the land
for thirty%four years, the )etitioner already had a right over the land. By
that time ,the land ceased to be )ublic and therefore removing it from
the dis)osition of the Director of Lands therefore ma(ing the sale
bet'een the Director of Lands and +a*on invalid.
,onfirmation of im)erfect title over alienable lands of the )ublic domain may
be achieved 3udicially, or through administrative confirmation via the issuance
of free )atents.

i. 8udi!ial !on7irmation o7 imper7e!t title
The Public Land Act, and subse-uent amendments thereto,
=0
enumerate the
follo'ing re-uirements necessary for the 3udicial confirmation of im)erfect
title4
A.B The land sought to be registered must form )art of the alienable and
dis)osable lands of the )ublic domain.
=>
#ec. =6, ,ommon'ealth Act <o. .F..
=.
2erico v. DA+, 6/ #,+A F=8 A.67>B.
32
+e)ublic Act <o. =780, Presidential Decree <o. .>8=, +e)ublic Act 6.8G.
18
The current state of la' re-uires that the land sought to be registered must be
alienable and dis)osable land of the )ublic domain. As )rovided in Presidential
Decree <o. .>8=, 'hich amends #ection F7AbB and AcB of the Act4
9#ec. F. The )rovisions of #ection F7AbB and AcB, ,ha)ter H&&&, of the
Public Land Act are hereby amended in the sense that these )rovisions
shall a))ly only to alienable and dis)osable lands of the )ublic domain
'hich have been in o)en, continuous, exclusive and notorious
)ossession and occu)ation by the a))lication himself or thru his
)redessessor%in%interest, under a ona 7ide claim of ac-uisition of
o'nershi), since June .0, .6F/.
Thus, lands classified as forest or timber lands, mineral lands and lands 'ithin
national )ar(s are excluded. This is due to the rule in #ection 0, Article 5&& of
the ,onstitution, limiting alienable and dis)osable )ublic lands only to
agricultural lands. The rule on confirmation of im)erfect title does not a))ly
unless and until the land classified as, say, a forest land is released in an
official )roclamation to that effect so that it may form )art of the dis)osable
agricultural lands of the )ublic domain.
==
There must be a )ositive act of the
government such as a )residential )roclamation or an executive order, an
administrative action@ investigation re)orts of Bureau of Lands investigators@
and a legislative act or statute.
=F
2ence, the a))licant must secure a
certification from the government that the land a))lied for by the a))licant is
alienable and dis)osable.
=/
&t must be noted, ho'ever, that +e)ublic Act <o. =780, 'hich amended #ection
F7 of the Public Land Act on .7 June .6GF, added a ne' sub%section thereto
'hich recogni*ed the right of cultural minorities to see( 3udicial confirmation
even over lands 'hich 'ere not considered alienable or dis)osable. This right
'as limited by Presidential Decree <o. .>8= 'hich, as earlier mentioned,
reiterated that only alienable or dis)osable lands of the )ublic domain may be
the sub3ect of 3udicial confirmation. <ot'ithstanding the enactment of
Presidential Decree <o. .>8=, ho'ever, the #u)reme ,ourt affirmed in
Repuli! v. Court o7 Appeals
=G
that members of cultural minorities 'ere entitled
to a))ly for 3udicial confirmation bet'een .7 June .6GF through the enactment
of +e)ublic Act <o. =780, until 0/ January .688 'hen Presidential Decree <o.
.>8= 'as issued.
Chile the )resent state of the la' re-uires that only alienable and dis)osable
land of the )ublic domain may be the sub3ect of 3udicial confirmation
)roceedings, there is authority to hold that the land sub3ect of the claim of
o'nershi) must be alienable and dis)osable at the time of the filing of the
a))lication for registration of title, and not for the entire )eriod of )ossession.
Repuli! v. Court o7 Appeals and Naguit4
=8
==
Brace'ell v. ,ourt of A))eals, =0= #,+A .6= A0>>>B.
=F
+e)ublic v. ,ourt of A))eals and ,eni*a, =60 #,+A .6> A0>>0B.
=/
Director of Lands v. Buyco, 0.G #,+A 87 A.66.B.
=G
+e)ublic v. ,ourt of A))eals, ;.+. <o. F7=08, August 0., .66..
=8
;.+. <o. .FF>/8, January .8, 0>>/, FF7 #,+A FF0
19
9Q the )hrase 9since June .0, .6F/: -ualifies its antecedent
)hrase 9under a bona fide claim of o'nershi).: ;enerally
s)ea(ing, -ualifying 'ords restrict or modify only the 'ords or
)hrases to 'hich they are immediately associated, and not those
distantly or remotely located. 2ence, 'hat the la' merely
re-uires is that the )ro)erty sought to be registered is 9already
alienable and dis)osable at the time the a))lication for
registration of title is filed.: &n other 'ords, it is not necessary
that the land be first classified as bona fide claim of o'nershi)
could start. 9&f the #tate, at the time the a))lication is made, has
not yet deemed it )ro)er to release the )ro)erty for alienation or
dis)osition, the )resum)tion is that the government is still
reserving the right to utili*e the )ro)erty@ hence, the need to
)reserve its o'nershi) in the #tate irres)ective of the length of
adverse )ossession even if in good faith. 2o'ever, if the )ro)erty
has already been classified as alienable and dis)osable, then
there is already an intention on the )art of the #tate to abdicate
its exclusive )rerogative over the )ro)erty.:
=7
A0B The a))licant must be a Fili)ino citi*en, 'ho must have, by himself or
through his )redecessors%in%interest, )ossessed and occu)ied the land in
the conce)t of an o'ner since .0 June .6F/
Aliens are barred from a))lying for the benefits of ,ha)ter H&&& of
,ommon'ealth Act .F. for they are barred by the ,onstitution from o'ning
alienable lands of the )ublic domain. &n O+ C+o v. Dire!tor o7 Lands,
=6
a
,hinese national 'as denied from a))lying for 3udicial confirmation because he
'as a foreign national.
#imilarly, the constitution limits o'nershi) of lands of the )ublic domain to
individuals and not cor)oration, even if they be Fili)ino cor)orations. Thus,
cor)orations are also )rohibited from a))lying for 3udicial confirmation of
im)erfect title over )ublic lands. The exce)tion to this rule, ho'ever, is found
in the case of &usi v. Ra2o'
F>
'here the #u)reme ,ourt allo'ed a Fili)ino
cor)oration to a))ly for 3udicial confirmation. The reason is because
com)liance 'ith all the re-uirements for a ;overnment grant, i.e., )ossession
in the manner and for the )eriod re-uired by la', the land ipso jure ceased to
be )ublic land and became )rivate )ro)erty. Thus, )rovided that the Fili)ino
cor)orationIs )redecessor%in%interest had been in )ossession and occu)ation
thereof in the manner and for the )eriod )rescribed by la' as to entitle him to
registration in his name, the ban against cor)orations ac-uiring lands of the
)ublic domain does not a))ly.
F.
=7
A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+ supra note .0., at 80.
=6
8/ Phil. 76> A.6FGB.
F>
F7 Phil. F0F A.60/B.
F.
Director of Lands v. &ntermediate A))ellate ,ourt and Acme Heneer R Ply'ood co.,
&nc., .FG #,+A />6 A.67GB.
20
&t must also be underscored that ac-uisition of alienable and dis)osable lands
of the )ublic domain through 3udicial confirmation of im)erfect title may be
considered an exce)tion to the general rule about )rescri)tion running against
)ro)erties of the #tate )rovided in Article ...= of the ,ivil ,ode, 'hich
)rovides4
Art. ...=. All things 'hich are 'ithin the commerce of men are
susce)tible of )rescri)tion, unless other'ise )rovided. Pro)erty of
the #tate or any of its subdivisions not )atrimonial in character
shall not be the ob3ect of )rescri)tion.
A=B The a))lication must be filed before =. December 0>0>.
!nder the original )rovisions of the Public Land Act, actions for 3udicial
confirmation 'ere only allo'ed until =. December .6=7. #ubse-uent enacts
extended this )eriod until the most recent legislation, 'hich sets the deadline
at 0. December 0>0> A+e)ublic Act <o. 6.8GB. The filing of the a))lication
'ithin the foregoing time )eriod, ho'ever, is not a 3urisdictional re-uirement,
only a time limitation. Thus, an a))lication filed beyond the foregoing )eriod,
but not ob3ected to by the #tate either in a $otion to Dismiss or Ans'er, does
not )revent the ,ourt from granting such a))lication.
F0

ii. administrative !on7irmation o7 imper7e!t title: 4ree *atents
!nder #ection FF of the Public Land Act, any natural born citi*en of the
Phili))ines 'ho does not yet o'n more than .0 hectares of agricultural land
may a))ly for a free )atent, )rovided that he, by himself, or by his
)redecessors%in%interest, has continuously occu)ied and cultivated agricultural
land of the )ublic domain for at least thirty A=>B years since F July .6F/. &n lieu
of continuous cultivation, it may be sufficient for the a))licant to sho' that he
has )aid real estate taxes on the )ro)erty for the same )eriod and that the
same has not been occu)ied by any other )erson.
F=
The land grant,
conformably 'ith the ,onstitution, cannot exceed .0 hectares.
&f the a))licant is a member of a national cultural minority and has
continuously occu)ied and cultivated, either by himself or through his
)redecessors%in%interest, a tract or tracts of land 'hether dis)osable or not
since July F, .6//, he shall also be entitled to a free )atent not exceeding .0
hectares..
FF

#imilar to a))lications for 3udicial confirmation of im)erfect title, all a))lication
for free )atents must be filed before =. December 0>0>, in accordance 'ith
+e)ublic Act <o. 6.8G. Also, the land sub3ect of )ossession must, at least at
the time of the a))lication, be classified as alienable and dis)osable land of the
)ublic domain.
&pe!ial patents
F0
Director of Lands v. Danao, 6G #,+A .G. A.67>B.
F=
,.A. <o. .F., as amended by +.A. <o. 870, #ec. FF.
FF
,.A. <o. .F., as amended by +.A. <o. =780, #ec. FF.
21
Aside from the foregoing land )atents enumerated under the Public Land Act,
s)ecial )atents may also be issued over lands formerly reserved or considered
inalienable. These )atents are generally issued u)on the 9)romulgation of a
s)ecial la' or act of ,ongress or by the #ecretary of nvironment and <atural
+esources as authori*ed by an xecutive ?rder of the President: and, in
themselves, already )rovide for the reclassification of the land.
F/
#)ecial )atents may be granted to <on%,hristian Fili)inos
FG
so long as the
#ecretary of Local ;overnment has certified that 9the ma3ority of the non%
,hristian inhabitants of any given reservation have advanced sufficiently in
civili*ation.: After 'hich, 9the President may order that the lands of the )ublic
domain 'ithin such reservation be granted to them: )ursuant to the )rovisions
of the Public Land Act.
F8
#)ecial )atents involving lands sold under the
)rovisions of Article G> and 8> of the Public Land Act may li(e'ise be issued to
authori*e concession of lands of the )ublic domain for educational, charitable
or any of the li(e )ur)oses.
F7
Furthermore, they also may be issued in favor of
the o'ner of the landed estate ac-uired by the ;overnment. +e)ublic Act <o.
60G authori*es the President to convey )ublic lands and other )ro)erties of a
)ublic nature as )ayment for the ac-uisition of such estates.
F6
Eman!ipation patents
manci)ation )atents are )atents issued )ursuant to Presidential Decree <os.
08 and 0GG in furtherance of the governmentIs )olicy of agrarian reform.
!nli(e the land )atents enumerated under the Public Land Act, emanci)ation
)atents do not cover lands of the )ublic domain, but instead, )rivate
agricultural lands. 2o'ever, 'ith the enactment of +e)ublic Act <o. GG/8, or
the ,om)rehensive Agrarian +eform La', the )rovisions of Presidential Decree
<os. 08 and 0GG have generally been su)erseded.
/>
6. &ale or Lease o7 *uli! Lands 7or Residential' Commer!ial or Industrial
*urposes.
!nder ,ha)ter &5 of the Public Land Act, lands intended for residential,
commercial, industrial and similar )roductive )ur)oses may be dis)osed of by
sale or lease thru )ublic bidding, generally follo'ing the )rocedure )rescribed
for agricultural lands. The land or the right to lease is ac-uired also in a )ublic
auction thru bidding. The difference, ho'ever, lies in the fact that 'here in
agricultural sales, the auction sale is thru sealed bidding 'ith the a))licant
en3oying the right to e-ual the highest bid, the auction sale of residential,
commercial and industrial lands is thru oral bidding " 'here the a))licant has
F/
A;,A?&L&, <AT!+AL +#?!+,#, su)ra note ./, at //.
46
A$AD? D. AS!&<?A LA<D +;&#T+AT&?< A<D +LATD P+?,D&<;# .F6 A0>>B. Nhereinafter AS!&<1, LA<D
+;&#T+AT&?<O
F8
,.A. .F., #ec. 7F.
F7
&upra note .6=.
F6
AL!&<?, LA<D +;&#T+AT&?<, supra .6=, at ./>.
/>
&upra note 0>>.
22
to outbid the other bidders in order to be successful bidder. &n other 'ords, the
a))licant does not have )referential right, unless he is an a))licant 'ho has
introduced im)rovements on the land by virtue of a )ermit issued to him by
the Bureau of Lands, in 'hich case he has the right to a sealed bidding.
Lands dis)osable for residential, commercial or industrial )ur)oses are
classified as4
a. Lands reclaimed by the ;overnment by dredging, filing, or other
means
b. Foreshore
c. $arshy land or lands covered 'ith 'ater bordering u)on the
shores or ban(s of navigable la(es or rivers.
The conditions of the sale are as follo's4
a. The )urchaser shall enter the land and introduce suitable
im)rovements thereon 'ithin six AGB months, and com)lete such
im)rovements not later than .7 months from the date of the
a'ard.
b. The )urchaser shall )ay the )urchase )rice of the land in ten A.>B
e-ual annual installments.
&n case of lease, the rental shall be =T of the value of the land )lus .T of the
value of the im)rovements. very ten A.>B years, the land and im)rovements
shall be rea))raised but the rental shall not be increased by more than .>>T
every ten years.
The duration of the lease is 0/ years rene'able for another 0/ years at the
governmentIs o)tion.
!nder +.A. <o. 8=> direct or negotiated sale of )ublic land may be resorted to
if4 AaB the a))licant has occu)ied the same and has in good faith built a
residential house thereon 'here he lives, AbB he is not the o'ner of any
residential lot, and AcB the land is not needed by the government for any )ublic
)ur)ose.
Development o7 t+e la;s governing 7ores+ore<re!laimed areas
The #)anish La' of Caters of .7GG is the first statutory la' governing the
o'nershi) and dis)osition of reclaimed lands in the Phili))ines. !nder this la',
the shores, bays, coves, inlets and all 'aters 'ithin the maritime *one of the
#)anish territory belonged to the )ublic domain for )ublic use. This la' allo'ed
the reclamation of the sea in conse-uence of 'or(s constructed by the #tate,
or by the )rovinces, )ueblos or )rivate )ersons.
/.
&t also )rovided that the
reclaimed land from the sea belonged to the )arty underta(ing the
reclamation, )rovided the government issues the necessary )ermit and did not
reserve o'nershi) over such land.
/.
The #)anish La' of Caters of .7GG, seb. /.
23
Act <o. .G/F 'as enacted by the Phili))ine ,ommission on $ay .7, .6>8,
'hich )rovided for the lease, but not the sale, of reclaimed lands of the
government to cor)orations and individuals. This act mandated that the
government should retain title to, and exercise control and dis)osition of, all
reclaimed lands. Private )arties could lease these lands only if they 'ere no
longer needed for )ublic use. Public bidding for the lease of these lands 'as
also )rescribed.
Act <o. 078F also (no'n as the Public Land Act, 'as a))roved by the
Phili))ine Legislature in <ov. 06, .6.6. &t authori*ed the lease, but not the
sale, of reclaimed lands of government to cor)orations and individuals. !nder
this la', the ;overnor%;eneral 'as authori*ed to4 A.B classify lands of the
)ublic domain into alienable or dis)osable lands A0B declare 'hat lands are
o)en to dis)osition or concession and A=B to classify further such lands into
government, reclaimed, foreshore, marshy, and other classes of lands. &t also
limited alienable lands to those 'hich have been officially delimited and
classified. The land must first be declared not necessary for )ublic use before
allo'ing lease to )rivate )arties.
/0
,ommon'ealth Act <o. .F. also (no'n as the Public Land Act, 'as )assed by
the <ational Assembly 'hich also authori*ed the lease, but not the sale, of
reclaimed lands of the government to cor)orations and individuals. ,.A. <o.
.F. continues to be the general la' governing the classification and
dis)osition of lands of the )ublic domain. !nder this la', the President had the
same )o'ers as those of the ;overnor%;eneral under Act <o. 078F exce)t that
the President is not authori*ed, under this la', to reclassify reclaimed lands
into non "agricultural lands. The sale of lands of )ublic domain 'as li(e'ise
)rohibited, only lease 'as allo'ed sub3ect to the same conditions )rescribed in
Act <o. 078F. The government could sell to )rivate )arties only those
agricultural lands for non%agricultural )ur)oses not classified as dis)osable
lands of the )ublic domain.
#tate )olicy )rohibits the sale of these lands, as they are )art of )ublic
dominion intended for )ublic use. This state )olicy has been embodied in the
.6=/ , .68= as 'ell as in the .678 ,onstitution. #ince then and until no', the
only 'ay the government could sell government reclaimed areas to )rivate
)ro)erties is through a legislative enactment allo'ing such sale. The reason
behind this re-uirement is that government units and entities should not 3ust
turn around and sell these lands to )rivate )ro)erties in violation of
constitutional or statutory limitations.
C. Disposition o7 *uli! Lands 7or Edu!ational' C+aritale and &imilar
*urposes
Lands under this category may be dis)osed of by the ;overnment in favor of a
)rovince, city, munici)ality or other branches of the ;overnment in the form of
donation, sale, lease, exchange, or any form.
/0

Aat <o. 078F, secs. G, 8, 7, /G and /7.
24
#uch lands may also be sold or leased to -ualified )rivate )ersons for the
)ur)ose of founding a cemetery, church, college, school, university or other
educational institutions for educational, charitable or )hilantro)hical )ur)oses
or scientific research. The #ecretary of the D<+ has the discretion to sell the
land 'ithout auction and to 'aive the condition re-uiring cultivation.
D. To;nsite Reservations
The President, u)on recommendation of the #ecretary of nvironment and
<atural +esources, may, if )ublic interest so re-uires, issue a )roclamation
reserving lands for to'nsite )ur)oses to found a ne' to'n.
Procedure4
a. #urvey of the exterior boundaries of the site
b. Drafting the )roclamation
c. #igning of the )roclamation
d. Transmittal of co)ies of the )roclamation to the Director of Lands
and the +egister of Deeds
e. Filing of com)ulsory registration )roceedings to settle and
ad3udicate )rivate claims 'ithin the to'nsite
f. #ubdivision of the land according to develo)ment )lans
g. #ale of residential lots by oral bidding to the highest bidder
Reservations o7 *uli! and =uasi>*uli! *urposes
The President also has the )o'er to designate by )roclamation any tract or
tracts of land of the )ublic domain as reservations for the use of the +e)ublic
of the Phili))ines or any of its branches or of the inhabitants thereof, of for
-uasi%)ublic uses or )ur)oses 'hen )ublic interest re-uires it, including
reservations for high'ays, rights%of%'ay for railroads, hydraulic )o'er sites,
irrigation systems, communal )asture or legua !ommunales, )ublic )ar(s,
)ublic -uarries, )ublic fish)onds, 'or(ingmenIs village and other
im)rovements for )ublic benefit.
*re7erential Rig+ts o7 A!tual O!!upants
&f, before the delimitation and survey of a tract of )ublic land and before its
classification as alienable and dis)osable, such land shall be actually occu)ied
by a )erson other than the a))licant, the Director of Lands shall inform the
occu)ant of his )referential right to a))ly for the land and shall give him .0>
daysI time in 'hich to file the a))lication or a))ly for the concession by any of
the forms of dis)osition authori*ed by this Act, if such occu)ant is -ualified to
receive a concession under this Act.
Legal Restri!tions and En!umran!es
2omestead and Free Patent grants are sub3ect to the follo'ing restrictions4
25
a. #ec. ..7. xce)t in favor of the ;overnment or any of its branches,
units, or institutions, lands ac-uired under free )atent or homestead
)rovisions shall not be sub3ect to encumbrance or alienation from the
date of the a))roval of the a))lication and for a term of five years from
and after the date of issuance of the )atent or grant, nor shall they
become liable to the satisfaction of any debt contracted )rior to the
ex)iration of said )eriod, but the im)rovements or cro)s on the land
may be mortgaged or )ledged to -ualified )ersons, associations, or
cor)orations.
<o alienation, transfer, or conveyance of any homestead after five years
and before t'enty%five years after issuance of title shall be valid 'ithout
the a))roval of the #ecretary of Agriculture and ,ommerce, 'hich
a))roval shall not be denied exce)t on constitutional and legal grounds.
b. #ec. ..6. very conveyance of land ac-uired under the free )atent or
homestead )rovisions, 'hen )ro)er, shall be sub3ect to re)urchase by
the a))licant, his 'ido', or legal heirs, 'ithin a )eriod of five years from
the date of the conveyance.
c. #ec. .0>. ,onveyance and encumbrance made by )ersons belonging to
the so%called Dnon%,hristian Fili)inosD or national cultural minorities,
'hen )ro)er, shall be valid if the )erson ma(ing the conveyance or
encumbrance is able to read and can understand the language in 'hich
the instrument or conveyance or encumbrances is 'ritten.
,onveyances and encumbrances made by illiterate non%,hristian or
literate non%,hristians 'here the instrument of conveyance or
encumbrance is in a language not understood by the said literate non%
,hristians shall not be valid unless duly a))roved by the ,hairman of
the ,ommission on <ational &ntegration.
d. #ec. .0.. xce)t 'ith the consent of the grantee and the a))roval of the
#ecretary of <atural +esources, and solely for commercial, industrial,
educational, religious or charitable )ur)oses or for a right of 'ay, no
cor)oration, association, or )artnershi) may ac-uire or have any right,
title, interest, or )ro)erty right 'hatsoever to any land granted under
the free )atent, homestead, or individual sale )rovisions of this Act or to
any )ermanent im)rovement on such land.
The )rovisions of #ection .0F of this Act to the contrary not'ithstanding,
any ac-uisition of such land, rights thereto or im)rovements thereon by
a cor)oration, association, or )artnershi) )rior to the )romulgation of
this Decree for the )ur)oses herein stated is deemed valid and binding@
Provided, That no final decision of reversion of such land to the #tate
has been rendered by a court@ And Provided, further, That such
ac-uisition is a))roved by the #ecretary of <atural +esources 'ithin six
AGB months from the effectivity of this Decree.
e. #ec. .00. <o land originally ac-uired in any manner under the )rovisions
of this Act, nor any )ermanent im)rovement on such land, shall
26
encumbered, alienated, or transferred, exce)t to )ersons, cor)orations,
associations, or )artnershi)s 'ho may ac-uire lands of the )ublic
domain under this Act or to cor)orations organi*ed in the Phili))ines
authori*ed therefor by their charters.
xce)t in cases of hereditary succession, no land or any )ortion thereof
originally ac-uired under the free )atent, homestead, or individual sale
)rovisions of this Act, or any )ermanent im)rovement on such land,
shall be transferred or assigned to any individual, nor shall such land or
any )ermanent im)rovement thereon be leased to such individual, 'hen
the area of said land, added to that of his o'n, shall exceed one
hundred and forty%four hectares. Any transfer, assignment, or lease
made in violation hereof, shall be null and void.
E. Lands not sus!eptile o7 private o;ners+ip
The follo'ing )ro)erties cannot be the sub3ect of )rivate o'nershi), and
therefore, cannot be registered in the name of a )rivate )erson. Thus, i a
)erson obtains title under the Torrens #ystem 'hich includes lands 'hich
cannot be registered under the Torrens system, he does not by virtue of said
title become the o'ner of the land illegally included thereon. Those titles are
void a initio and any title issued over non%dis)osable lots, even in the hands
of an alleged innocent )urchaser for value, shall be cancelled.
/=

*ropert% o7 puli! dominion
Article F.6 of the ,ivil ,ode )rovides that the follo'ing are )ro)erties of )ublic
dominion4
AaB Those intended for )ublic use, such as roads, canals, rivers,
torrents, )orts and bridges constructed by the #tate, ban(s,
shores, roadsteads and others of similar character@
AbB Those 'hich belong to the #tate, 'ithout being for )ublic use, and
are intended for some )ublic service or for the develo)ment of
the national 'ealth.
These )ro)erties are )arts of the )ublic domain and are outside the commerce
of men and are therefore, not sub3ect to )rivate a))ro)riation. These
)ro)erties, being for )ublic use, are not sub3ect to levy, encumbrance or
dis)osition through )ublic or )rivate sale.
All other )ro)erties of the #tate, 'hich are not of the character mentioned
above, form )art of its )atrimonial )ro)erty. Pro)erty of )ublic dominion, 'hen
no longer needed for )ublic use or for )ublic service, shall also form )art of the
)atrimonial )ro)erty of the #tate.
According to Article / of the Cater ,ode of the Phili))ines, the follo'ing belong
to the #tate as 'ell4 A.B rivers and their natural beds@ A0B continuous or
/=
A;,A?&L&, <AT!+AL +#?!+,# supra note ./, at =>.
27
intermittent 'aters of s)rings and broo(s running in their natural beds and the
bed themselves@ A=B natural la(es and lagoons@ AFB all other categories of
surface 'aters such as 'ater flo'ing over lands, 'ater from rainfall 'hether
natural, or artificial, and 'ater form agriculture run%off, see)age and drainage@
A/B atmos)heric 'ater@ AGB subterranean or ground 'aters and@ A8B sea'ater.
Article G of the same ,ode )rovides that even the follo'ing 'aters found in
)rivate lands belong to the state4 A.B continuous or intermittent 'aters rising
on such lands@ A0B la(es and lagoons naturally occurring on such lands@ A=B rain
'ater falling on such lands@ AFB subterranean or ground 'aters and@ A/B 'aters
in s'am)s and marshes.
4orest lands
Forests, in the context of both the Public Land Act and the ,onstitution, do not
necessarily refer to a large tract of 'ooden land or an ex)anse covered by
dense gro'th of trees and underbrush.
/F
The fact that the dis)uted land 9is not
thic(ly forested: and, in any event, it has been in the actual )ossession of
many )ersons for many years, it 'as already 9)rivate land: 'hich is better
ada)ted and more valuable for agricultural than for forest )ur)oses and not
re-uired by the )ublic interests to be (e)t under forest classification.
Furthermore, the mere fact that a tract of land has trees u)on it or has mineral
'ithin it is not of itself sufficient to declare that one is forestry land and the
other, mineral land. There must be some )roof of the extent and )resent or
future value of the forestry and of the minerals, 'hich it is more valuable for
the forestry or the mineral 'hich it contains than it is for agricultural
)ur)oses.
//
The )o'er to convert a land 'hich forms )art of )ublic forest into )rivate
)ro)erty is 'ithin the exclusive 3urisdiction of the Bureau of Forest
Develo)ment and beyond the )o'er of the registration court.
/G
Possession
thereof, ho'ever long, cannot convert it into )rivate )ro)erty.
An!ron ". Go"ern&ent o# the Phili$$ines
F> Phil. .>
Facts4 An action 'as commenced in the ,ourt of First &nstance of the
Province of Davao, De)artment of $indanao and #ulu. &ts )ur)ose 'as
to have registered, under the Torrens system, a certain )iece or )arcel
of land 'ith the follo'ing descri)tion4
That all of said land, 'ith the exce)tion of a small )art at the north, the
exact descri)tion and extension of 'hich does not a))ear, has been
cultivated and )lanted for more than forty%four years )rior to the date of
this decision.
/F
<aguit, ;.+. <o. .FF>/8, January .8, 0>>/.
//
An(ron v. ;overnment of the Phili))ine &slands, ;.+. <o. .F0.=, Aug. 0=, .6.6, F> Phil.
.>.
/G
+e)ublic v. ,ourt of A))eals and Lastimado, 76 #,+A GF7 A.686B@ Director of Lands v.
Aban*ado, G/ #,+A / A.68/B@ Bureau of Forestry v. ,ourt of A))eals and ;allo, ./= #,+A
=/. A.678B.
28
That said land 'as formerly occu)ied, cultivated and )lanted by $oros,
$ansacas and others, under a claim of o'nershi), and that they lived
thereon and had their houses thereon, and that )ortion of the land
'hich 'as not )lanted or cultivated 'as used as )asture land 'hereon
they )astured their carabaos, cattle, and horses@
That the a))licant no' has some one hundred fifty A./>B hills of hem),
some eight thousand A7,>>>B cocoanut trees, a d'elling house, various
laborersE -uarters, store%building, large camarin Astorehouse of 'ood, a
galvani*ed iron and other buildings and im)rovements on said land.
The a))ellant contends that )ortions of said land cannot be registered in
accordance 'ith the existing Land +egistration La' for the reason that
they are manglares. That -uestion is not discussed in the )resent brief.
The a))ellant, ho'ever., refers the court to his discussion of that
-uestion in the case of Jocson vs. Director of Forestry A=6 Phil. +e).,
/G>B. By reference to the argument in the brief in the case, it is found
that the a))ellant relied u)on the )rovisions of section = of Act <o. ..F7
in relation 'ith section .70> of Act <o. 08.. Asecond Administrative
,odeB. #ection = of Act <o. ..F7 )rovides that Dthe )ublic forests shall
include all unreserved lands covered 'ith trees of 'hatever age.D #aid
section .70> AAct <o. 08..B )rovides that Dfor the )ur)ose of this
cha)ter E)ublic forestE includes, exce)t as other'ise s)ecially indicated,
all unreserved )ublic land, including ni)a and mangrove s'am)s, and all
forest reserves of 'hatever character.D
2LD4 Paragra)h G of section /F of Act <o. 60G only )ermits the
registration, under the conditions therein mentioned, of D)ublic
agricultural lands.D &t must follo', therefore, that the moment that it
a))ears that the land is not agricultural, the )etition for registration
must be denied. &f the evidence sho's that it is )ublic forestry land or
)ublic mineral land, the )etition for registration must be denied. $any
definitions have been given for Dagricultural,D Dforestry,D and DmineralD
lands. These definitions are valuable so far as they establish general
rules. &n this relation 'e thin( the executive de)artment of the
;overnment, through the Bureau of Forestry, may, and should, in vie'
es)ecially of the )rovisions of section F, 7, and 0> of Act <o. ..F7,
define 'hat shall be considered forestry lands, to the end that the
)eo)le of the Phili))ine &slands shall be guaranteed in Dthe future a
continued su))ly of valuable timber and other forest )roducts.D A#ec. 7,
Act <o. ..F7.B &f the Bureau of Forestry should accurately and definitely
define 'hat lands are forestry, occu)ants in the future 'ould be greatly
assisted in their )roof and the courts 'ould be greatly aided in
determining the -uestion 'hether the )articular land is forestry or other
class of lands.
&n the case of Jocson vs. Director of Forestry Asu)raB, the Attorney%
;eneral admitted in effect that 'hether the )articular land in -uestion
belongs to one class or another is a -uestion of fact. The mere fact that
a tract of land has trees u)on it or has mineral 'ithin it is not of itself
sufficient to declare that one is forestry land and the other, mineral land.
There must be some )roof of the extent and )resent or future value of
the forestry and of the minerals. Chile, as 'e have 3ust said, many
definitions have been given for Dagriculture,D Dforestry,D and DmineralD
lands, and that in each case it is a -uestion of fact, 'e thin( it is safe to
29
say that in order to be forestry or mineral land the )roof must sho' that
it is more valuable for the forestry or the mineral 'hich it contains than
it is for agricultural )ur)oses. A#ec. 8, Act <o. ..F7.B &t is not sufficient to
sho' that there exists some trees u)on the land or that it bears some
mineral. Land may be classified as forestry or mineral today, and, by
reason of the exhaustion of the timber or mineral, be classified as
agricultural land tomorro'. And vice%versa, by reason of the ra)id
gro'th of timber or the discovery of valuable minerals, lands classified
as agricultural today may be differently classified tomorro'. ach case
must be decided u)on the )roof in that )articular case, having regard
for its )resent or future value for one or the other )ur)oses.
The courts, ho'ever, has the right to )resume in the absence of
evidence to the contrary, that in each case the lands are agricultural
lands until the contrary is sho'n. Chatever the land involved in a
)articular land registration case is forestry or mineral land must,
therefore, be a matter of )roof.
?aters+eds
A 'atershed is 9an area drained by a river and its tributaries and enclosed by a
boundary or divide 'hich se)arates it from ad3acent 'atersheds.:
/8
Protection
of the 'atersheds is an 9inter%generational res)onsibility:. Catershed
reservation is not susce)tible of occu)ancy, dis)osition, conveyance or
alienation.
/7
$angrove s;amps
#ection F of the Phili))ine Fisheries ,ode defines mangroves as 9a community
of intertidal )lants including all s)ecies of trees, shrubs, vines and herbs found
on coasts, s'am) or border cam)s. &t is no' settled that mangroves are
forestal, not alienable agricultural land and are, therefore, not sub3ect to
dis)osition.
/6
$ineral lands
D<+ defines mineral land as 9any area 'here mineral resources are found:
and mineral resources as 9any concentration of mineral Proc(s 'ith )otential
economic value.:
G>
?'nershi) by a )erson of agricultural land in 'hich
minerals are discovered does not give him the right to extract or utili*e the
said minerals 'ithout the )ermission of the #tate to 'hich such minerals
belong.
G.
National parks
/8
#ta. +osa Develo)ment ,or)oration v. ,ourt of A))eals, =G8 #,+A .8/ A0>>.B.
/7
,ollado v. ,ourt of A))eals, ;.+. <o. .>88GF, ?ct. F, 0>>0, =6> #,+A =F=.
/6
Director of Forestry v. Hillareal, ;.+. <o. L%=00GG, Feb. 08, .676, .8> #,+A /67.
G>
#ec FAa3B and AanB, D<+ Administrative ?rder <o. 6/%6=G, as amended.
G.
+e)ublic v. ,ourt of A))eals and De la +osa, ;.+. <o. L%F=6=7, A)ril ./, .67>, .G>
#,+A 007.
30
Lands reserved for a national )ar(, as 'ell as those 'ithin the )rotected areas
under the <ational &ntegrated Protected Areas #ystem A<&PA#B Act, li(e the
Bataan <atural Par(, are inalienable are cannot be registered.
G0
$ilitar% or naval reservation
Lands inside a military or naval reservation cannot be the ob3ect of
registration. &t 'as held in Repuli! v. &out+side Homeo;ners Asso!iation'
In!.,
G=
that a military reservation, li(e the Fort Bonifacio $ilitary +eservation or
a )art thereof is not o)en to )rivate a))ro)riation or dis)osition and, therefore,
not registrable, unless it is reclassified and declared as dis)osable and
alienable )ublic land.
Foreshore lands and reclaimed lands
GF
&n Repuli! v. Court o7 Appeals and Repuli! Real Estate Corporation,
G/
9foreshore land: has been invariably defined as 9that stri) of land that lies
bet'een the high and lo' 'ater mar(s and that is alternatively 'et and dry
according to the flo' of the tide: or 9that )art of the land ad3acent to the sea
'hich is alternatively covered by the ordinary flo' of the tides.:
Re$,lic. ". Cort o# A$$eals
;.+. <o. .>=770, <ovember 0/, .667
Facts4 +e)ublic Act <o. .766 AD+A .766DB, 'hich 'as a))roved on June
00, .6/8, authori*ed the reclamation of foreshore lands by chartered
cities and munici)alities. #ection & of said la', reads4
#ec. .. Authority is hereby granted to all munici)alities and chartered
cities to underta(e and carry out at their o'n ex)ense the reclamation
by dredging, filling, or other means, of any foreshore lands bordering
them, and to establish, )rovide, construct, maintain and re)air )ro)er
and ade-uate doc(ing and harbor facilities as such munici)alities and
chartered cities may determine in consultation 'ith the #ecretary of
Finance and the #ecretary of Public Cor(s and ,ommunications.
?n $ay G, .6/7, invo(ing the a forecited )rovision of +A .766, the
Pasay ,ity ,ouncil )assed ?rdinance <o. .0., for the reclamation of
Three 2undred A=>>B hectares of foreshore lands in Pasay ,ity,
em)o'ering the ,ity $ayor to a'ard and enter into reclamation
contracts, and )rescribing terms and conditions therefor. The said
?rdinance 'as amended on A)ril 0., .6/6 by ?rdinance <o. ./7, 'hich
authori*ed the +e)ublic +eal state ,or)oration AD++,DB to reclaim
foreshore lands of Pasay ,ity under certain terms and conditions.
,ertain )ortions of the said lands are submerged lands
?n A)ril 0F, .6/6, Pasay ,ity and ++, entered into an Agreement for
the reclamation of the foreshore lands in Pasay ,ity.
G0
,ham v. Pi*arro, A.,. <o. /F66, August .G, 0>>/.
G=
;.+. <o. ./G6/., #e)tem)ber 00, 0>>G.
GF
?#CALD? D. A;,A?L&, P+?P+TK +;&#T+AT&?< D,+ A<D +LATD LAC# ALA<D T&TL# A<D DD#B 00/%
0=/, A0>>G ed.B. Nhereinafter A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+O
G/
066 #,+A .66 A.667B.
31
The +e)ublic of the Phili))ines filed an Amended ,om)laint -uestioning
sub3ect Agreement bet'een Pasay ,ity and ++, Axhibit DPDB on the
grounds that the sub3ect%matter of such Agreement is outside the
commerce of man, that its terms and conditions are violative of +A .766
'ith regard to the )hrase 9foreshore lands:
&ssue4 C?< the lands in dis)ute are considered 9foreshore lands: and
cannot, therefore, be alienated
2LD4 The ,A ruled erroneously 'hen it o)inioned that under +A .766,
the term Dforeshore landsD includes submerged areas. As can be
gleaned from its dis-uisition and rationali*ation afore-uoted, the
res)ondent court unduly stretched and broadened the meaning of
Dforeshore landsD, beyond the intentment of the la', and against the
recogni*ed legal connotation of Dforeshore landsD. Cell entrenched, to
the )oint of being elementary, is the rule that 'hen the la' s)ea(s in
clear and categorical language, there is no reason for inter)retation or
construction, but only for a))lication. #o also, resort to extrinsic aids,
li(e the records of the constitutional convention, is un'arranted, the
language of the la' being )lain and unambiguous. Then, too, o)inions of
the #ecretary of Justice are unavailing to su))lant or rectify any mista(e
or omission in the la'. To re)eat, the term Dforeshore landsD refers to4
The stri) of land that lies bet'een the high and lo' 'ater mar(s and
that is alternately 'et and dry according to the flo' of the tide. ACords
and Phrases, DForeshoreDB
A stri) of land margining a body of 'ater Aas a la(e or streamB@ the )art
of a seashore bet'een the lo'%'ater line usually at the sea'ard margin
of a lo'%tide terrace and the u))er limit of 'ave 'ash at high tide
usually mar(ed by a beach scar) or berm. ACebsterEs Third <e'
&nternational DictionaryB
The duty of the court is to inter)ret the enabling Act, +A .766. &n so
doing, 'e cannot broaden its meaning, much less 'iden the coverage
thereof. &f the intention of ,ongress 'ere to include submerged areas, it
should have )rovided ex)ressly. That ,ongress did not so )rovide could
only signify the exclusion of submerged areas from the term Dforeshore
lands.
&umerged lands
!ntil reclaimed from the sea, these submerged areas are, under the
,onstitution, 9'aters. . . o'ned by the #tate: forming )art of the )ublic domain
and conse-uently inalienable. These areas, after reclamation, can be classified
as )ublic agricultural lands, 'hich under the ,onstitution are the only natural
resources that the #tate can alienate. Thereafter, the government may declare
these lands no longer needed for )ublic service and therefore, alienable and
dis)osable lands o)en dis)osition.
GG
+e)ublic Act F7/> 'as )assed on June 00, .6/8 'hich authori*ed the
reclamation of foreshore lands by chartered cities and munici)alities. ?n
GG
,have* v. Public states Authority, =7F #,+A ./0.
32
January .., .68=, Presidential Decree <o. =%A 'as issued, re)ealing all la's on
reclamation of areas under 'ater and vesting solely in the government the
)o'er to reclaim lands.
?n February F, .688, Presidential Decree <o. .>7F 'as issued, creating the
Public states Authority APAB 'hich 'as renamed as Phili))ine +eclamation
Authority in 0>>F. &t authori*ed PA to reclaim both foreshore and submerged
areas of the )ublic domain. &t also em)o'ers PA to hold lands of )ublic
domain even in excess of the area )ermitted to )rivate cor)orations by statute.
Thus, PA can hold title to )rivate lands, as 'ell as title to lands of )ublic
domain.
xecutive ?rder /0/ 'as issued on .686 'hich designated PA as the national
governmentIs im)lementing arm to underta(e 9all reclamation )ro3ects of the
government: 'hich 9shall be underta(en by the PA or through a )ro)er
contract executed by it 'ith any )erson or entity. !nder such contract,
reclamation services rendered to PA by )rivate )arties shall be com)ensated.
PA becomes )rimarily res)onsible for 9integrating, directing, and coordinating
all reclamation )ro3ects and on behalf of the <ational ;overnment.:
2o'ever, reclaimed areas do not automatically become alienable or dis)osable
u)on ac-uisition by the PA. T'o official acts are needed before reclaimed
lands become alienable lands of )ublic domain. First, there must be a
classification that these lands are alienable or dis)osable and o)en to
dis)osition@ and second, there must be a declaration that these lands are not
needed for )ublic service. Absent these t'o official acts, lands reclaimed by
PA remain inalienable lands of the )ublic domain.
<evertheless the re-uirement of a legislative enactment allo'ing the sale of
reclaimed dis)osable lands still a))lies to reclaimed areas of the PA. The
PAIs )o'er is further sub3ect to the constitutional ban on )rivate cor)orations
from ac-uiring alienable lands of )ublic domain.
2o'ever, in a $ay G, 0>>= +esolution, the court clarified that 9reclaimed lands
of the )ublic domain if sold or transferred to a )ublic or munici)al cor)oration
for a monetary consideration become )atrimonial )ro)ertyQNandO may be
soldQto )rivate )ro)erties, 'hether Fili)ino citi*ens or -ualified
cor)orations.:
G8
Lakes
+e)ublic Act <o. F7/> )rescribes that lands located at and belo' the
maximum la(e level of elevation of the Laguna de Bay are )ublic lands 'hich
form )art of the bed of the said la(e.
G7
Areas forming )art of the Laguna de Bay
are neither agricultural nor dis)osable lands of the )ublic domain.
G8
B+<A#, P+&$+, supra note .. at F/8.
G7
#ec. F., )ar. .., +e)ublic Act <o. F7/>, An Act ,reating the Laguna La(e Develo)ment
Authority, Prescribing its Po'ers, Functions and Duties, Providing Funds Therefor, and for
other )ur)oses.
33
Navigale rivers
&f the land forms )art of the bed of a navigable stream, cree( or river, the
decree and title in the name of the a))licants 'ould not give them any right or
title to it. Li(e the rest of the non%dis)osable )ro)erties, a land registration
court has no 3urisdiction over navigable rivers and cannot validly ad3udge the
registration of title thereof in favor of a )rivate a))licant. ?'nershi) of a
navigable stream may not be ac-uired under a free )atent and the issuance of
the corres)onding certificate of title does not change its )ublic character.
G6
&t is
)art of )ublic )ro)erty and cannot be ac-uired by adverse )ossession.
8>
Creeks
A cree( has been defined as a recess or arm extending from a river and
)artici)ating in the ebb and flo' of the sea. !nder the ,ivil ,ode, a cree(,
including its natural bed, is )ro)erty of the )ublic domain 'hich is not
susce)tible to )rivate a))ro)riation and ac-uisitive )rescri)tion.
8.
&t is only
after the government has declared the land to be alienable and dis)osable
agricultural land that the year of entry, cultivation and exclusive and adverse
)ossession can be counted for )ur)oses of an im)erfect title.
80
,onstructions of a cree( 'hich )revent the 'ater from flo'ing or convert it into
a fish)ond do not alter the nature of the cree( as a )ublic )ro)erty.
8=
Reservation 7or puli! and semi>puli! purposes
The Public Land Act )rescribes that a tract or trac(s of land of the )ublic
domain may be designated by the President as reservations for the use of the
+e)ublic of the Phili))ines or of any of its branches, or of the inhabitants
thereof, in accordance 'ith the regulations )rescribed for this )ur)ose. !ntil
again declared alienable by the President, under #ection 7= of ,ommon'ealth
Act <o. .F. or by )roclamation, these lands remain )art of the )ubic domain
and shall not be sub3ect to dis)osition.
The President may li(e'ise reserve other lands, the use of 'hich is not
other'ise declared by la', for settlement or )ublic use. 2e shall also have the
)o'er to reserve from sale or dis)osition any land belonging to the )rivate
domain of the government, or any of the friar lands, the use of 'hich is not
other'ise declared by la'. These lands shall thereafter remain directed to the
)ublic use designated by the President.
8F
Pursuant to #ection 6 of the Public Land Act, the President, u)on
recommendation of the #ecretary of nvironment and <atural +esources,
9shall from time to time ma(e the classification )rovided for in this section, and
G6
$ateo v. $oreno, ;.+. <o. L%0.>0F, July 07, .6G6, 07 #,+A 86G.
8>
Lovina v. $oreno, ;.+. <o. L%.870., <ovember 06, .6G=, 6 #,+A //8.
8.
An Act to ordain and institute the ,ivil ,ode of the Phili))ines N,ivil ,odeO arts. F0>A.B
and />0A.B.
80
,elestial v. ,acho)ero, ;.+. <o. .F0/6/, ?ctober ./, 0>>=.
8=
$angaldan v. $anaoag, =7 Phil. F// A.6.7B.
8F
#ection .F, ,ha)ter F, Boo( &&&, xecutive ?rder <o. 060, other'ise (no'n as the
Administrative ,ode of .678.
34
may, at any time and in a similar manner, transfer lands from one class to
another.:
8/
<?T4 ,A< B +;&#T+D A<D B+?!;2T C&T2&< T2 P!+H&C ?F PD./06
Aconsistent 'ith the fact that technically, it is alienableB, B!T +;&#T+D &<
T2 <A$ ?F T2 ;?H+<$<T.
III. Pri"ate Lands
A. Distinction bet'een Lands of the Public Domain and Private Lands
According to #ection 8, Article 5&& of the .678 ,onstitution,
9#ec. 8 #ave in cases of hereditary succession, no )rivate lands
shall be transferred or conveyed exce)t to individuals,
cor)orations, or associations -ualified to ac-uire or hold lands of
the )ublic domain.
?ur ancestors ac-uired and )hysically )ossessed and held lands 'hich they
considered belong to them. <obody bothered them. !)on the #)anish
con-uest and occu)ation of the &slands, all lands 'ithin the territory of the
Phili))ine &slands automatically belonged to the ,ro'n of #)ain. And, the land
and )ro)erty la's of #)ain, i)so 3ure, too( effect therein. This is the +egalian
Doctrine.
8G
The ,ro'n Lands 'ere distributed to the inhabitants in accordance 'ith the
la's of #)ain, )rinci)ally the la's of the &ndias A+eco)ilacion de las Leyes de
&ndiasB,
88
and became lands of )rivate o'nershi) or )rivate lands.
This transformation trans)ired once more during the American ?ccu)ation of
the Phili))ine &slands in .767, by 'ay of A.B #tate ;rant " the 2omestead
Patent@ A0B #ale " the #ales Patent@ and A=B Administrative and Judicial
,onfirmation of &m)erfect title "the Free Patent. All Free Patent 'ere available
as they are no', under the Public Land Act.
87
Agricultural lands of the )ublic domain are deemed alienable and dis)osable
and by the foregoing methods of land ac-uisition, )ublic lands ceased as such
and became )rivate lands of the )urchaser, or occu)ants and )ossessors.
86
Therefore, )rivate land, may be as it has been, defined as 9any land of )rivate
o'nershi).: This includes both lands o'ned by )rivate individuals and lands
'hich are )atrimonial )ro)erty of the state or of munici)al cor)orations.
7>
Pro)erty of )rivate o'nershi) includes A.B the )atrimonial )ro)erty of the
8/
+e)ublic v. ?ctobre, .0= #,+A G67 A.6GGB.
8G
PiUero v. Director of Lands, /8 #,+A =7G A.68FB.
88
$ontano v. &nsular ;overnment, .0 Phil. /80 A.6>7B.
87
F&LA$?+, +AL #TAT LAC, supra note ., at .G7.
86
Id.
7>
B+<A#, P+&$+, supra note .., at FG6.
35
#tate, and A0B 9)ro)erty belonging to )rivate )ersons, either individually or
collectively.:
7.
$ost of these )rivate lands emanated from )rivate agricultural
lands that had been, or may still be, sold or granted by the #tate to individual
citi*ens, associations and cor)oration -ualified 9to ac-uire or hold lands of the
)ublic domain and sub3ect to the limitations )rovided by la'.
70
*rivate propert% and patrimonial propert%
Private )ro)erty connotes o'nershi) of an 9immovable: or real )ro)erty,
andPor a 9movable: or )ersonal )ro)erty. As abovementioned, it s)ecifically is
com)rised of all )ro)erty that belongs to )rivate )ersons, natural or 3uridical,
either 3udicially or collectively. And real )ro)erty is described in the ,ivil ,ode
as A.B the 9immovable: or )ro)erty 'hich consists )rinci)ally of land@ A0B those
9movables: as the buildings, trees )lants, statues or other ob3ects )laced on
land that reveals the 9intention to have them )ermanently attached to the
land:@ and A=B the real rights over the immovable )ro)erty.
7=

Pro)erty o'nershi), or land of )rivate o'nershi) and )rivate )ro)erty are
synonymous. &t also means, and includes the )atrimonial )ro)erty of the #tate,
)rovinces, cities and munici)alities. These are )ro)erty of )ublic dominion that
are no longer intended or needed4 A.B for )ublic use@ A0B for )ublic service@ or
A=B for the develo)ment of national 'ealth. #ome of these are rivers shores,
ban(s, )orts fortresses, roads and street, )ar(s and others.
7F
A stone fort on land by the sea, constructed since time immemorial as a
defense against the $oro invasion, that had not been used for many years for
that )ur)ose became )rivate or )atrimonial )ro)erty of the #tate.
7/
#an La*aro state in $anila on 'hich stood the #an La*aro 2os)ital is )rivate
or )atrimonial )ro)erty of the #tate under Articles =F> and =F/ of the #)anish
,ivil ,ode Ano' Articles F0. and F0/ of the ,ivil ,odeB.
7G
Friar lands are )atrimonial )ro)erty of the #tate under Act <o. ..0> and
,ommon'ealth Act no. .F.. &n .6>G, the Phili))ine ,ommission headed by
;overnor Cilliam 2. Taft )ro)osed the )urchase of Friar Lands, belonging to
the Dominica, Augustinian and +ecoletos $ission. The Phili))ine Bill of .6>0
authori*ed the )urchase of friar lands to be sold to actual occu)ants and
settlers. Accordingly, ;overnor Taft )roceeded to +ome in .6>=, and
)urchased form the highest ecclesiastical authorities F.>,>>> acres of Friar
Lands at V8,0=>,>>>. #ometime in .6=7, the Phili))ine ;overnment bought
another Friar Land, a 9big run%do'n +iceland,: the Buenavista state, near
$anila at V.,/>>,>>> from #an Juan de Dios 2os)ital.
78
7.
,&H&L ,?D, art. F0/.
70
F&LA$?+, +AL #TAT LAC, supra note ., at 7>.
7=
F&LA$?+, +AL #TAT LAC, supra note ., at .G6.
7F
Id.
7/
A+T!+? $. T?L<T&<?, ,?$$<TA+&# R J!+&#P+!D<, ?< T2 ,&H&L ,?D ?F T2 P2&L&PP&<#, H?L. && =0
A.6G=B.
7G
Id. at =F.
78
F&LA$?+, +AL #TAT LAC, supra note ., at .8>.
36
&n Cru2 v. &e!retar%'
77
the &ndigenous Peo)les +ights Act or &P+A 'as assailed
as unconstitutional on the ground that it de)rives the #tate of its o'nershi)
over lands of the )ublic domain and the natural resources in them. The vote of
the #u)reme ,ourt 'as e-ually divided, 8%8. The o)inion defending
constitutionality held the follo'ing4 A.B Ancestral domain and ancestral lands
are not )art of lands of the )ublic domain. They are )rivate and belong to
indigenous )eo)le. Cari"o v. Insular Government
76
recogni*ed native title held
by Fili)inos from time immemorial and excluded from the conce)t of 3ura
regalia. A0B The right of o'nershi) granted does not include natural resources.
The right to negotiate terms and conditions over natural resources covers only
ex)loration to ensure environmental )rotection. &t is not a grant of ex)loration
rights. A=B The limited right of management refers to utili*ation as ex)ressly
allo'ed in #ection 0, Article 5&&. AFB Chat is given is )riority right, not exclusive
right. &t does not )reclude the #tate from entering into co%)roduction, 3oint
venture, or )roduction sharing agreements 'ith )rivate entities.
?n the other hand, the o)inion assailing the constitutionality of the la' held
the follo'ing4 A.B the la' amounts to abdication of the authority over a
significant area of the countryIs )atrimony@ A0B it relin-uishes full control of
natural resources in favor of indigenous )eo)le@ A=B the la' contravenes the
)rovision 'hich says that all natural resources belong to the state.
Classi7i!ation o7 private lands
The )hrase 9)rivate lands: or 9lands of )rivate o'nershi): have been defined
in our 3uris)rudence as those lands of the )ublic domain4 A.B That are, or has
been in the )ossession of occu)ants and their )redecessors%in%interest since
time immemorial.
6>
A0B That had been a'arded to an a))licant 'ith AaB #ales
or 2omestead Patent under ,ommon'ealth Act <o. .F. A#ecs. .6%=0B, or Title
issued by virtue of the +oyal ,edula of ?ctober ./, .8/F@ or AbB Free Patent
under ,ommon'ealth Act <o. .F. A#ecs. F8%/GB@ AcB Title by ,om)osition 'ith
the #tate )ursuant to the $auraIs +oyal Decreed@ AFB Possessor &nformation
issued under the #)anish $ortgage La' of .76= after the com)osition or
confirmation of im)erfect title held by the occu)ant 'ith claim of o'nershi).
Private lands may be classified in the same manner as those of )ublic lands.
6.

B. ,onstitutional +estrictions
As a general rule, only the follo'ing may ac-uire )rivate lands )ursuant to
#ection 84
A.B Fili)ino citi*ens and
A0B ,or)orations or associations incor)orated in the Phili))ines, at
least G>T of 'hose ca)ital is o'ned by Fili)ino citi*ens as defined
in #ection 0.
77
;.+. <o. .=/=7/, December G, 0>>>.
76
0.0 !.#. FF6.
6>
,ariUo v. &nsular ;overnment, F. Phil. 6=G A.6>6B.
6.
F&LA$?+, +AL #TAT LAC supra note ., at .7F%.7/.
37
E3!eption to t+e rule
2o'ever, by exce)tion the follo'ing may also ac-uire )rivate lands4
A.B Aliens, but only by hereditary succession.
A0B A natural%born citi*en of the Phili))ines 'ho has lost Phili))ine
citi*enshi) but only under the terms )rovided in #ection 7, Article
5&& 'hich states that, 9<ot'ithstanding the )rovisions of #ection 8
of this Article, a natural%born citi*en of the Phili))ines 'ho has
lost his Phili))ine citi*enshi) maybe a transferee of )rivate lands,
sub3ect to limitations )rovided by la'.:
60

A=B Foreign states may ac-uire land but only for embassy and staff
residence )ur)oses.
&n Ramire2 v. #da. de Ramire2, the ,ourt held to extend the exce)tion to
testamentary succession for other'ise the )rovision 'ill be for naught and
meaningless.
6=
Another 3uris)rudential exce)tion is 'hen an alien ac-uires land
by hereditary succession, such alien cannot renounce the right to inherit in
favor of one 'ho is not -ualified.
6F
&n the case of $oss v. Director of lands, the
?rdinance a))ended to the .6=/ ,onstitution )rovided that until final
'ithdra'al of the !nited #tates, Americans and American ,or)orations en3oyed
the same civil rights as Fili)ino citi*ens and could therefore ac-uire )rivate
lands until July F, .6FG.
6/
As mentioned )reviously, )rivate land means any land of )rivate o'nershi).
This includes both lands o'ned by )rivate individuals and lands 'hich are
)atrimonial )ro)erty of the #tate or of munici)al cor)orations.
6G
&n the case of
@rivenko v. Register o7 Deeds, the term 9)rivate agricultural lands: meant any
)rivate land that 'as neither timber nor mineral land.
68
Again, the ca)acity to
ac-uire )rivate land is made de)endent u)on the ca)acity to ac-uire or hold
lands of the )ublic domain. This is because aliens 'ere dis-ualified from
ac-uiring lands of the )ublic domain Asince the .6=/ ,onstitutionB, aliens,
'hether individuals or cor)orations, 'ere also dis-ualified from ac-uiring
)rivate lands. The )rohibition a))lies even to a regime of con3ugal )artnershi)
in marriage. Thus, an alien s)ouse in a con3ugal )artnershi) does not have the
right to give or not to give consent in the dis)osition of the land.
67
xce)tion for former Fili)ino ,iti*ens4
9#ec. 7. <ot'ithstanding the )rovisions of sec. 8 of this article, a
natural%born citi*en of the Phili))ines 'ho has lost his Phili))ine
citi*enshi) may be a transferee of )rivate lands, sub3ect to the
limitations )rovided by la'.:
60
F&LA$?+, +AL #TAT LAC, supra note ., at F8>.
6=
... #,+A 8>F.
6F
2alili v. ,ourt of A))eals, ;.+. <o. ..=/=6, $arch .0, .667.
6/
7> #,+A 0G6.
6G
B+<A#, ,?$$<TA+K, supra note .=, at ../8.
68
86 Phil. FG..
67
B+<A#, ,?$$<TA+K, supra note .=, at ../7.
38
A .67. amendment to the .68= ,onstitution created another exce)tion in
favor of a natural%born citi*en of the Phili))ines 'ho has lost his citi*enshi). 2e
or she may be a transferee of )rivate land, for use by him as his residence, as
the Batasang Pambansa may )rovide. This no' embodied in #ec. 7. The .678
)rovision, ho'ever, not longer contains the )hrase 9for use by him as
residence.:
66

A 4ilipino !orporation !an a!9uire land
#ec. 8 of the .678 ,onstitution ma(es the ca)acity to ac-uire )rivate land
de)endent on ca)acity to ac-uire or hold lands of the )ublic domain. Private
cor)orations can 9hold: lands of the )ublic domain only by lease. They are thus
not in the same )osition as aliens 'ho cannot even lease land of the )ublic
domain.
.>>
By analogy, Fili)ino ,or)orations, as a creation of the legislature
AThe ,or)oration ,ode, Batas Pambansa G7B also has Fili)ino citi*enshi)s as a
3uridical )erson. &t is also one of the ex)ressed )o'ers of a cor)oration as
)rovided by #ec. =G to 'it4
9AgB To )urchase, receive, ta(e or grant, hold, convey, sell, lease,
)ledge, mortgage and other'ise deal 'ith such real and )ersonal
)ro)erty, including securities and bonds of other cor)orations, as
the transaction of the la'ful business of the cor)oration may
reasonably re-uire.
.>.
In !ontrast ;it+ puli! lands
The term 9)ublic lands: refer to such lands of the )ublic domain as are sub3ect
to alienation and dis)osal by the #tate in accordance 'ith the Public Land Act.
The )hrase 9)ublic land: 'as held to be e-uivalent to 9)ublic domain:. &t does
not by any means include all lands of government o'nershi), but only so much
of said lands as are thro'n o)en to )rivate a))ro)riation and settlement by
homestead and other similar la's. Accordingly, 9government land: and 9)ublic
land: are not synonymous terms@ the first is more extensive and embraces not
only the second by also other lands of the government already reserved to
)ublic use or sub3ect to )rivate right.
.>0
The rules for the dis)osition of lands of the )ublic domain are the ff4
.>=
A.B ?nly agricultural lands of the )ublic domain may be alienated. All
others are inalienable and may be develo)ed and utili*ed only
according to the rules established in #ec. 0 of the ,onstitution.
66
B+<A#, ,?$$<TA+K, supra note .=, at ..GG.
.>>
Id. at ..G..
.>.
The ,or)oration ,ode, W=G, X g
.>0
&upra note =>.
.>=
B+<A#, ,?$$<TA+K, supra note .=, at ..F/%..FG.
39
A0B ?nly )ublic cor)orations and -ualified individuals may ac-uire
alienable lands of the )ublic domain. ,or)orations can hold
alienable land of the )ublic domain only by lease.
A=B Private cor)orations are allo'ed to lease no more than one
thousand hectares.
AFB The congress shall determine by la', the si*e of lands of the
)ublic domain 'hich may be ac-uired, develo)ed, held, or leased
and the conditions therefor.
,ommon'ealth Act <o. .F. )rovides that the ac-uisition of )ublic agricultural
lands by )urchase is governed by ,ha)ter H A#aleB. Any citi*en of the
Phili))ines of la'ful age of the head of a family may )urchase any tract of
)ublic agricultural land not to exceed t'elve hectares
.>F
'hich shall be sold
thru sealed bidding. The land shall be a'arded to the highest bidder, but the
a))licant may e-ual the highest bid. The )urchase )rice may be )aid in full
u)on the ma(ing of the a'ard or in not more than ten e-ual annual
installments from the date of the a'ard. &t is re-uired that the )urchaser shall
have not less than one%fifth of the land cultivated 'ithin five years from the
date of the a'ard, and before any )atent is issued, he must sho' actual
occu)ancy, cultivation and im)rovement of at least one%fifth of the land until
the date of final )ayment.
.>/
.ri"en!o ". Register o# Deeds o# +anila
86 Phil. FG.
FA,T#4 1riven(o bought a residential lot from $agdalena state, &nc., in
December of .6F., the registration of 'Pc 'as interru)ted by the 'ar. &n
$ay .6F/, he sought to accom)lish said registration but it 'as denied
on the ground that 1riven(o is an alien. 1riven(o then brought the case
to the ,F& of $anila by means of a consulta. The court rendered
3udgment sustaining the refusal.
2LD4 The .6=/ ,onstitution classified lands namely as agricultural,
timber and mineral since this 'as the basic classification existing in la's
and 3uris)rudence at that time. The )hrase 9)ublic agricultural lands:
includes residential lot R their alienation is limited to Fili)ino citi*ens. To
construe this )hrase as not including residential lots or lands not strictly
agricultural, the result 'ould be that aliens may freely ac-uire and
)ossess not only residential lots and houses for themselves but also
other forms of 9)ublic agricultural lands:.
Director o# Lands ". Lood
.0F #,+A FG>
FA,T#4 Sue*on ,ity Develo)ment R Financing ,or) filed an a))lication
'ith the ,F& of +i*al, see(ing the registration of title under Act. F6G,
claiming to be the o'ner in fee sim)le of a )arcel of land in Taytay,
+i*al. The Director of Lands, filed an o))osition, on the ground that the
.>F
P2&L. ,?<#T. art. .0, W =
.>/
Public Land Act, W 00, 0G R 07
40
a))licant has no sufficient title to the land, not having ac-uired the
same by com)osition title from the #)anish ;ovt or by )ossessory
information title )ursuant to +oyal Decree of February .=, .76F. The ,F&
ruled that the a))licant has a registrable title over the )arcel of land.
2LD4 The a))licant, being a 3uridical )erson, is dis-ualified to a))ly
sub3ect )ro)erty for registration. Limiting the mode of ac-uisition of
cor)orations, by )urchase, but not by homestead, free )atent or 3udicial
confirmation, does not offend the ,onstitution. ,or)orations 'ere never
intended to ac-uire lands by such modes. Further, cor)orations, as
)roduct of statutory action, the legislative can define the )o'ers of a
cor)oration.
,. $odes of Ac-uisition
The conveyance of )ublic land by the government to a )rivate individual is
generally (no'n as a )ublic grant. 2o' the government ma(es such grant is
'ell illustrated by 'hat actually too( )lace in the Phili))ines after its discovery
by $agellan in ./0.. &t 'as held by the discovery and con-uest of the entire
Phili))ine territory became the exclusive )atrimony and dominion of the
#)anish ,ro'n. Cith this as basis, the #)anish government began to handle
the direct distribution of )ublic lands to settlers, vassals and other )eo)le by
the issuance of royal grants and concessions in varied forms.
&t seems but only logical that tile to land must emanate from some source for it
cannot 3ust issue forth from no'here. And consistent 'ith the general tendency
observed in different countries, the government or head of state is vested 'ith
such )o'er to ma(e )ublic land grants according to existing statutes.
Re$,lic ". Lee
.68 #,+A .=
FA,T#4 ?n June 06, .68G, Lee filed before the ,F& of Pangasinan, an
a))lication for registration in her favor of a )arcel of land at $agaldan,
Pangasinan. The Director of Lands, filed an o))osition, alleging that
neither the a))licant nor her )redecessors%in%interest have ac-uired the
land under any of the #)anish titles or any other recogni*ed mode for
the ac-uisition of title. The ,F& rendered 3udgment confirming the title of
the a))licants over the said )arcel of land )ursuant to the Land
+egistration La'.
&##!4 C?< )ublic land can be ac-uired by a )rivate )erson 'ithout any
grant.
2LD4 <o )ublic land can be ac-uired by )rivate )ersons 'ithout any
grant, ex)ress or im)lied, for government. A grant is conclusively
)resumed by la' 'hen the claimant, by himself or through his
)redecessors%in%interest, has occu)ied the land o)enly, continuously,
exclusively, and under a claim of title since July 0G, .76F or )rior
thereto.
41
A.B Ac-uisition by Public ;rant
.>G
The #)anish ;overnment, during their colonial rule, issued +oyal ;rants as title
to the lands, to discoverers, settlers, vassals, and other )eo)le in varied forms.
During the ,ommon'ealth ;overnment, the Public Land Act 'as )assed and
by virtue thereof )ublic agricultural lands 'ere distributed to citi*ens under
certain conditions s)ecified therein. These lands so distributed became
ultimately the )ro)erty of the distributees.
&n, Aureus v. &e!retar% o7 Agri!ulture A Commer!e,
.>8
it 'as held that the mere
filing by an individual of an a))lication for a )ermit to occu)y a )iece of )ublic
land does not create an obligation on the )art of the administrative officer
concerned to grant his a))lication. &f it does, the Director of Lands or the
#ecretary of Agriculture, 'ill be a mere robot of every such a))licant. &t is
discretionary in the said officials to grant or not to grant such a))lication.
Chile in Lu2uriaga v. Dire!tor o7 Lands,
.>7
it 'as held that 'hen a munici)ality
has used a land from time immemorial for recogni*ed )ublic )ur)oses based
u)on a )ublic necessity, 'hich )ur)oses and necessity 'ere formerly
recogni*ed by the ;overnment as a basis for a grant of land to a munici)ality,
a grant from the #tate in favor of the munici)ality is )resumed.
*roo7 o7 a!9uisition 7rom t+e state
<o )ublic land can be ac-uired by )rivate )ersons 'ithout any grant, ex)ress
or im)lied, from the government, it is indis)ensable that there be a sho'ing of
title from the #tate. ?ne claiming rights must )rove that he has com)lied 'ith
the Public Land Act, 'hich )rescribes the substantive as 'ell as the )rocedural
re-uirements for ac-uisition of )ublic land.
.>6
*rivate Grants o7 Land Titles
The transfer of title to land by the o'ner himself or his duly authori*ed
re)resentative to another by mutual consent is recogni*ed by la'. ,onsent of
the grantor is an essential element. To give effect to the transfer, a deed of
conveyance must be executed to be follo'ed by its registration at the +egistry
of Deeds.
..>
A0B Prescri)tion
Land o'nershi) and other real rights or obligations may be ac-uired through
the la)se of time, in the manner and action laid do'n by la'.
...
All things
'hich are 'ithin the commerce of men are susce)tible of )rescri)tion, unless
other'ise )rovided. Thus, the )eaceful and adverse )ossession of land that is
.>G
PMA, +;&#T+AT&?< ?F LA<D, supra note .66, at ./.
.>8
7/ Phil. ..
.>7
0F Phil. .6=.
.>6
PMA, +;&#T+AT&?< ?F LA<D, supra note .66, at .G.
..>
Id. at .8.
...
,&H&L ,?D, art. ..>G.
42
continuous and uninterru)ted for a certain )eriod of time may be converted
into o'nershi) of the land.
..0
2o'ever, )ro)erty of the #tate or any of its
subdivisions not )atrimonial in character shall not be the ob3ect of
)rescri)tion.
..=
The claim of o'nershi)
..F
must be in the conce)t of o'ners, adverse, )ublic
and )eaceful.
../
Ac-uisitive )rescri)tion is either ordinary or extraordinary.
..G
The la' fixes ten A.>B years by ordinary )rescri)tion, that is, 'ithout need of
title and good faith,
..8
and thirty A=>B years by extraordinary )rescri)tion,
'ithout need of title and good faith.
..7

For ordinary )rescri)tion, the follo'ing re-uisites must concur4 A.B ,a)acity to
ac-uire by )rescri)tion@ A0B the ob3ect must be susce)tible of )rescri)tion@ A=B
The )ossession must be in conce)t of o'ner, )ublic, )eaceful, continuous and
uninterru)ted@ AFB The )ossession must be in good faith@ A/B The )ossession
must be by virtue of a 3ust title@ and AGB The )eriod of )ossession must be F
years if the ob3ect is movable or ten years if it is immovable.
&n extraordinary ac-uisitive )rescri)tion, the follo'ing must concur4 A.B
,a)acity to ac-uire by )rescri)tion@ A0B The ob3ect must be susce)tible of
)rescri)tion@ A=B The )ossession must be in the conce)t of o'ner, )ublic,
)eaceful, continuous, and uninterru)ted@ and AFB The )eriod of )ossession must
be 7 years if the ob3ect is movable or => years if it is immovable.
..6
The good faith of the )ossessor consists in the reasonable belief that the
)erson from 'hom he received the thing 'as the o'ner thereof, and could
transmit his o'nershi).
.0>
&n its negative as)ect, it consists in the ignorance of
the )ossessor of any fla' 'hich 'ould invalidate his title or mode of
ac-uisition.
.0.

For )ur)oses of )rescri)tion, there is 3ust title 'hen the adverse claimant came
into )ossession of the )ro)erty through one of the modes recogni*ed by la' for
the ac-uisition of o'nershi) or other real rights, but the grantor 'as not the
o'ner or could not transmit any right.
.00
&ts re-uisites are4 A.B &t must be 3ust@
A0B it must be true@ A=B it must be valid@ AFB it must be )roved.
.0=
Actual
)ossession of land consists in the manifestation of acts of dominion over it of
such a nature as a )arty 'ould naturally exercise over his o'n )ro)erty. The
general rule is that the )ossession and cultivation of a )ortion of a tract under
..0
F&LA$?+, +AL #TAT LAC, supra note ., at /=.
..=
,&H&L ,?D, art. ...=.
..F
&upra note 0FG.
../
<?BLJA#, +;&#T+AT&?<, supra note =, at .8.
..G
D#&D+&? P. J!+AD?, ,?$$<T# A<D J!+&#P+!D<, ?< ?BL&;AT&?<# A<D ,?<T+A,T# G/= A8
th
rev. ed,
.67>B. Nhereinafter J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#O.
..8
,&H&L ,?D, art. ..=8.
..7
,&H&L ,?D, art. .F6G.
..6
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/G%G/8.
.0>
,&H&L ,?D, art. ..08.
.0.
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/8.
.00
,&H&L ,?D, art. ..06.
.0=
,&H&L ,?D, arts. ...8, ..=>%..=..
43
claim of o'nershi) of all is a constructive )ossession of all, if the remainder is
not in the adverse )ossession of another.
.0F
2o'ever, the )eriod of )ossession
in ac-uisitive )rescri)tion may be interru)ted naturally, civilly, or by ex)ress or
tacit recognition by the )ossessor of the o'nershi).
.0/
&n extinctive
)rescri)tion, interru)tion may occur A.B 'hen they are filed before the court,
A0B 'hen there is a 'ritten extra%3udicial demand by the creditors, and A=B
'hen there is any 'ritten ac(no'ledgment of the debt by the debtor.
.0G
Cith
such conversion, )ro)erty may no' fall 'ithin the contem)lation of 9)rivate
lands: under #ection .FA0B, and may be registered even if the )ossession
commenced on a date later than the date of enactment of the Pro)erty
+egistration Decree.
.08

#uch does not )reclude the a))lication for registration of alienable lands of the
)ublic domain, )ossession over 'hich commenced after the abovementioned
date, considering #ection .FA0B of the Decree 'hich governs and authori*es
the a))lication of 9those 'ho have ac-uired o'nershi) of )rivate lands by
)rescri)tion under the )rovisions of existing la's.: Chile as a rule, )rescri)tion
does not run against the #tate, the exce)tion is 'here the la' itself ex)ressly
)rovides. An exam)le is said #ection .F A0B 'hich s)ecifically allo's -ualified
individuals to a))ly for the registration of )ro)erty, o'nershi) of 'hich he has
ac-uired by )rescri)tion under existing la's.
.07
2o'ever, a )ro)erty registered
under the )rovisions of P.D. ./06 is not sub3ect to )rescri)tion. Also,
)rescri)tion is unavailing not only against his hereditary successors because
the latter merely ste) into the shoes of the decedent by o)eration of la' and
are merely the continuation of the )ersonality of their )redecessor%in%
interest.
.06
$oreover, it 'as held that 9a )ersonIs )ossession of a )arcel of land covered
by a T,T cannot render nugatory the right of the holders of a certificate of title.
The reason is that )rescri)tion does not run against registered land. A title,
once registered, cannot be defeated even by adverse, o)en, and notorious
)ossession. $oreover, in asserting o'nershi) by donation, )etitioners 'ere in
effect assailing the title of res)ondents. A Torrens title cannot be collaterally
attac(ed, the issue on its validity can only be raised in an action ex)ressly
institute for that )ur)ose.:
.=>
A )ossessor of land 'ho may not be the o'ner,
after a la)se of a certain )eriod )rescribed in the la', may assert o'nershi)
thereof as against anyone exce)t the true o'ner or one 'ith a better title
based on an earlier )ossession 'hich he had not abandoned. Adverse
)ossession or )rescri)tion does not run against )rivate lands brought under the
o)eration of the Torrens system, nor against )ublic land exce)t 'here the la'
ex)ressly so )rovides.
.=.

.0F
+amos v. Director of Lands, =6 Phil .8/ A.6.7B.
.0/
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/8.
.0G
,&H&L ,?D, A+T. ..//.
.08
;.+. <o. .FF>/8, January .8, 0>>/.
.07
A;,A?&L&, P+?P+TK +;&#T+AT&?< D,+, supra note .0., at G/8.
.06
#imeona Barcelona, et al. v. 2ilarion Barcelon and the 2onorable ,ourt o A))eals, .>>
Phil. 0/. A.6/GB.
.=>
?ng, et al. v. #)s. ,abucos, =/G #,+A 87G A0>>.B.
.=.
PMA, +;&#T+AT&?< ?F LA<D T&TL#, supra note .66, at ./%.G.
44
For )ur)oses of )rescri)tive )ossession, there is 3ust title AmodeB 'hen the
adverse claimant came into )ossession of the )ro)erty thru any of the modes
allo'ed by la' for the ac-uisition of o'nershi) or other real rights. These are
enumerated in Titles . to /, Boo( &&& of the ,ivil ,ode, namely@ AaB occu)ation,
AbB intellectual creation, AcB la', AdB donation, AeB succession Atestate or
intestateB, AfB in conse-uence of certain contracts, by tradition, and AgB
)rescri)tion.
.=0
&n com)uting for )rescri)tion, the )resent )ossessor may com)lete the )eriod
necessary for )rescri)tion by tac(ing his )ossession to that of his grantor or
)redecessor%in%interest. &t is )resumed that the )resent )ossessor 'ho 'as
also the )ossessor at a )revious time, has continued to be in )ossession during
the intervening time, unless there is )roof to the contrary.
.==
Possession in
'artime, 'hen the civil courts are not o)en, shall not be counted in favor of
the adverse claimant.
.=F
Prescri)tion does not run bet'een husband and 'ife. ven though there be a
se)aration of )ro)erty agreed u)on in the marriage settlement or by 3udicial
decree. <either does )rescri)tion run bet'een )arents and children during the
minority or insanity of the latter, and bet'een guardian and 'ard during the
continuance of the guardianshi).
.=/

Chile )rescri)tion, as a rule, does not run in favor of a co%o'ner as long as he
ex)ressly or im)liedly recogni*ed the co%o'nershi), it may ta(e )lace 'here it
is clearly sho'n that the co%o'ner has re)udiated the co%o'ershi), and that
the other co%o'ners 'ere a))raised of the re)udiation.
.=G
Persons 'ith ca)acity to alienate )ro)erty may renounce )rescri)tion already
obtained, but not the right to )rescribe in the future. Prescri)tion is deemed to
have been tacitly renounced 'hen the renunciation results from acts 'hich
im)ly the abandonment of the right ac-uired.
.=8
Laches should not be confused 'ith )rescri)tion. Laches is different from, and
a))lies inde)endently of, )rescri)tion. Chile )rescri)tion is concerned 'ith the
fact of delay, laches is concerned 'ith the effect of delay. Prescri)tion is a
matter of time@ laches is )rinci)ally a -uestion of ine-uity of )ermitting a claim
to be enforced, this ine-uity being founded on some change in the condition of
the )ro)erty or the relation of the )arties. Prescri)tion is statutory@ laches is
not. Laches a)llies in e-uity, 'hereas )rescri)tion a))lies at la'. Prescri)tion is
based on a fixed time@ laches is not.
.=7
A=B Accretion
.=0
,&H&L ,?D, art. 8.0.
.==
,&H&L ,?D, art. ..=7.
.=F
,&H&L ,?D, art. ..=G.
.=/
J!+AD?, ?BL&;AT&?<# A<D ,?<T+A,T#, supra note 0/G, at G/F.
.=G
<?BLJA#, +;&#T+AT&?<, supra note =, at .6.
.=8
,&H&L ,?D, art. ...0.
.=7
2eirs of Batiof Lacamen v. 2eirs of Laman, G/ #,+A G>/ A.68/B.
45
Accretion is the )rocess 'hereby the soil is de)osited.
.=6
&t is the act by 'hich
the land bordering a stream or other body of 'ater increases its area by the
gradual de)osit of soil or sea'eeds by the current of the river or other natural
)rocess.
.F>
Article F/8 of the ,ivil ,ode )rovides that 9to the o'ners of lands ad3oining the
ban(s of rivers belong the accretion 'hich they gradually receive from the
effects of the current of the 'aters.: As a mode of ac-uiring )ro)erty under
Article F/8 of the ,ivil ,ode, there are three re-uisites 'hich must concur
before an accretion is said to have ta(en )lace4
AaB The accumulation of soil or sediment must be gradual and
im)erce)tible@
AbB That it be made through the effects of the current of the 'ater@
and
AcB That the land 'here accretion ta(es )lace is ad3acent to the
ban(s of the rivers.
.F.
These are called the rules on alluvion 'hich if )resent in a case, give to o'ners
of lands ad3oining he ban(s of rivers or streams any accretion gradually
received from the effects of the current 'aters.
.F0
Alluvion is the soil de)osited
on the estate fronting the river ban(.
.F=
&n order to ac-uire land by accretion, there should be a natural and actual
continuity of the accretion to the land of the ri)arian o'ner.
.FF
The re-uirement
that the de)osit should be due to the effects of the current of the river is
indis)ensable. Alluvion must be the exclusive 'or( of nature.
.F/
A ri)arian
o'ner then does not ac-uire the additions to his land caused by s)ecial 'or(s
ex)ressly intended or designed to bring about accretion.
.FG
There must be
evidence to )rove that the addition to the )ro)erty 'as made gradually
through the effects of the current of the river.
.F8
&n the absence of evidence that the change in the course of the river 'as
sudden or that it occurred though avulsion, the )resum)tion is that the change
'as gradual and caused by accretion and erosion.
.F7
Acts of )ossession
exercised over bordering land are al'ays understood legally to cover that
)ortion added to the )ro)erty by accretion.
.F6
?ne must )rove his claim by a
)re)onderance of evidence.
./>
.=6
<avarro v &ntermediate A))ellate ,ourt, ;.+. <o. G7.GG, February .0, .668.
.F>
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =6.
.F.
<avarro, ;.+. <o. G7.GG.
.F0
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =/.
.F=
<avarro, ;.+. <o. G7.GG.
.FF
PMA, +;&#T+AT&?< ?F LA<D T&TL# , supra note .66, at =/.
.F/
<?BLJA#, +;&#T+AT&?<, supra note =, at .>6.
.FG
+e)ublic v ,ourt of A))eals and Tancinco, ;+ <o. L%G.GF8, ?ctober .0, .67F
.F8
<?BLJA#, supra note 07/.
.F7
2odges v ;arcia, ;.+. <o. L%.08=>, Aug. 00, .6G>.
.F6
,ortes v ,ity of $anila, ;.+. <o. L%F>.0, $arch 0/, .6>7
./>
G/ ,.J.#. .7=
46
The fact that the accretion to oneIs land used to )ertain to anotherIs estate,
'hich is covered by a Torrens certificate of title, cannot )reclude the former
from being the o'ner thereof. +egistration does not )rotect the ri)arian o'ner
against the diminution of the area of his land through gradual changes in the
course of the ad3oining stream. Accretions 'hich the ban(s of rivers may
gradually receive from the effect of the current become the )ro)erty of the
o'ners of the ban(s. #uch accretions are natural incidents to land bordering on
running streams and the )rovisions of the ,ivil ,ode in that res)ect are not
affected by the Pro)erty +egistration Decree.
./.
+i)arian o'ners are un-uestionably o'ners of the alluvial de)osits on their
lands caused by the current of the river, and the area 'ithin the boundaries
thereof )revail over that 'hich the title sho's.
./0
The reason behind the la'
giving the ri)arian o'ner the right to any land or alluvion de)osited by a river
is to com)ensate him for the danger of loss that he suffers because of the
location of his land.
./=
Accretion does not become automatically registered land 3ust because the lot
'hich received such accretion is covered by a Torrens title. ?'nershi) of a
)iece of land is one thing, registration under the Torrens #ystem of o'nershi)
is another.
./F
As such, it must also be )laced under the o)eration of the Torrens
system.
.//
Alluvial formation along the seashore is )art of the )ublic domain and,
therefore, not o)en to ac-uisition by adverse )ossession by )rivate )ersons.
#ince the land is foreshore land or )ro)erty of )ublic dominion, its dis)osition
falls under the exclusive su)ervision and control of the Lands $anagement
Bureau. !ntil a formal declaration on the )art of the ;overnment, through the
executive de)artment or the legislature, to the effect that land is no longer
needed for coast guard service, for )ublic use or for s)ecial industries, they
continue to be )art of the )ublic domain, not available for )rivate a))ro)riation
or o'nershi). The ad3oining registered o'ner of foreshore land cannot claim
o'nershi) thereof by right of accretion.
./G
AFB +eclamation
./8
This method suggests the filling of submerged land by deliberate act and
reclaiming title thereto. &n the Phili))ines, there is no la', ex)ress or im)lied
'hich grants to o'ners of ad3acent u)land the right to fill the ad3acent land
under 'ater. +eclaimed lands may ho'ever, be declared by the government as
)ro)erty of the ad3oining o'ners and as such increment thereto only 'hen it is
no longer necessary for )ublic use. +eclamation )ro3ects may be underta(en
for the establishment of residential, commercial or industrial sites, construction
./.
2odges, ;.+. <o. L%.08=>.
./0
;overnment of the Phili))ines v. Aba3a, /0 Phil. 0G. A.607B.
./=
,ortes, ;.+. <o. L%F>.0.
./F
;rande v. ,ourt of A))eals, ;.+. <o. L%.8G/0 A.6G0B
.//
,ureg v. &ntermediate A))ellate ,ourt, ;+ <o. 8=FG/, #e)tember 8, .676
./G
&gnacio v. Director of Lands, ;+. <o. L%.06/7, $ay =>, .6G>.
./8
<?BLJA#, +;&#T+AT&?<, supra note =, at F0.
47
or extension of roads, 'harves or )iers, airfields, )ar(s, )laygrounds, )la*as,
mar(et )laces, etc.
+e)ublic Act <o. 00GF, entitled 9A< A,T A$<D&<; T2 LAC# ;?H+<&<;
L?,AL ;?H+<$<T# BK ,+AT&<; T2&+ A!T?<?$K A<D +?+;A<&Y&<;
P+?H&<,&AL ;?H+<$<T#:, does not ex)ressly authori*e local governments
to underta(e or carry out reclamation )ro3ects. 2o'ever, such authority is
believed to be included in the general authority granted local governments to
underta(e and carry out 9any )ublic 'or(s )ro3ects.: This vie' is grounded on
#ection .0 of said Act.
./7
The reclamation )ro3ects in $anila Bay and the coastal munici)alities
extending from Pasay ,ity to ,avite ,ity are being underta(en )ursuant to the
authority granted by +.A. 00GF to local governments.
!nder +.A. .766, the <ational ;overnment granted to all munici)alities and
chartered cities, the authority to carry out at their o'n ex)ense, the
reclamation by dredging, filling, and other means of any foreshore lands
bordering on them, and to establish, )rovide, construct, maintain and re)air
)ro)er and ade-uate doc(ing and harbor facilities as such munici)alities or
chartered cities may determine in consultation 'ith the $inister of Finance, the
$inister of Public Cor(s and 2igh'ays. Any and all such lands reclaimed 'ill
become )ro)erty of the res)ective munici)alities and chartered cities@ but the
ne' foreshore along the reclaimed areas shall continue to become )ro)erty of
the <ational ;overnment.
A/B Holuntary Transfer
A )rivate grant is the usual means by 'hich title to land is transferred by the
o'ner himself or his duly authori*ed re)resentative. 2ere the consent or
coo)eration of the grantor is an essential element. This transfer is given effect
by the voluntary execution of deed of conveyance in certain )rescribed form,
com)leted by the recording or registration thereof in a )ublic office. The
)ur)ose of such registration is to serve )ublic notice at least constructively and
thereby legally bind third )ersons. !nder the Torrens system, it is the
registration that is the o)erative act to convey the land and affect title thereto.
&n other 'ords, the legal title to the land does not )ass until the conveyance
shall have been duly registered or made of )ublic record.
./6
Filamore called this transfer Tradition. Tradition is the act of delivering the
thing sold to the buyer or vendee by AaB turning over material )ossession of the
thing sold, or AbB symbolic transfer of o'nershi) thereof.
.G>
The former
./7
+.A. <o. 00GF, #ec. .0 )rovides that 9the im)lied )o'er of a )rovince, a city or
munici)ality shall be liberally construed in its favor, and that any fair and reasonable doubt
as to the existence of the )o'er should be inter)reted in favor of the local government
and it shall be )resumed to exist.: &t also )rovided that the general 'elfare clause shall be
liberally inter)reted in case of doubt so as to give more )o'er to local governments in
)romoting the economic condition, social 'elfare and material )rogress of the )eo)le in
the community.:
./6
<?BLJA#, +;&#T+AT&?<, supra note =, at 0>.
.G>
F&LA$?+, +AL #TAT LAC, supra note ., at /=.
48
transfers actual and )hysical control over the buyer, 'hile the other is done by
executing a )ublic instrument. Filmore said that, according to $el-uiades J.
;amboa, the re-uisites of tradition are4 9A.B the transferor is the o'ner of the
)ro)erty transferred and has the ca)acity and intention to grant@ A0B the
transferee has the ca)acity to ac-uire the )ro)erty@ A=B there is 3usta causa or
valid means of transfer such as the contract of sale, barter or legacy@ and AFB
the actual transfer of )ossession to the transferee is manifested by some
out'ard act.:
.G.
AGB &nvoluntary Alienation
This method of transfer does not re-uire the consent or coo)eration of the
o'ner of the land, and, in fact, is usually carried out against his 'ill. For the
more common forms of involuntary alienation, 'e have them in connection
'ith 3udgments of the courts in ex)ro)riation or condemnation )roceedings.
Land is forcibly ac-uired by the state through the exercise of eminent domain,
or by 'ay of escheat or forfeiture. &t may also be confiscated, sei*ed or
attached, and subse-uently sold at )ublic auction to the highest bidder. Ce
have the execution sale by the sheriff to satisfy a money 3udgment, the tax
sale to satisfy un)aid taxes and )enalties, the auction sale by a )ublic officer in
foreclosure of mortgage. #ome authorities even consider the sale of )ro)erty
under s)ecial order of the court for and in behalf of a minor or a )erson under
legal disability as falling 'ithin the category of involuntary alienation in the
same 'ay as a sale by 3udicial administrator or executor of an estate of a
decedent. !nder this mode of ac-uiring land, the )urchasers are generally
sub3ect to the rule of caveat em)tor.
.G0
A8B Testate and &ntestate #uccession
Transfer of title by testate or intestate succession is governed by the ,ivil La'.
Title to land is ac-uired by descent in case an heir succeeds the deceased
o'ner in intestacy or by reasons of certain relationshi) 'hich entitles him to
succeed by o)eration of la'. To be an heir, it re-uires a certain degree or
relationshi) 'ith the decedent.
A lando'ner may execute his last 'ill and testament designating his heir and
legatee 'ho shall receive the res)ective )ortions of his estate )ursuant to la'.
.G=
The testator cannot dis)ose of that )ortion of his estate called Legitime 'hich
is reserved for his com)ulsory heirs, namely4 the legitimate children or
descendants, legitimate )arents and ascendants, his 'ido'@ ac(no'ledged
natural children, and natural children by legal fiction as 'ell as illegitimate
children.
.GF
.G.
F&LA$?+, +AL #TAT LAC, supra note ., at /F.
.G0
<?BLJA#, +;&#T+AT&?<, supra note =, at 066.
.G=
,&H&L ,?D, arts. 77F%6.F.
.GF
,&H&L ,?D, arts. 77G%778.
49
Chen a )erson dies 'ithout a 'ill, or the 'ill does not institute an heir to the
)ro)erty or the testator, or no one succeeds under the 'ill, intestate
succession shall ta(e )lace.
.G/
!nder this system, his legitimate children and
descendants succeed him, follo'ed by his )arents, mother and father, 'ho
inherit in e-ual shares@ or 'hen they are both dead, the illegitimate children, or
ac(no'ledged natural children, the natural children by legal fiction and
adulterous children succeed in this order. Finally, the #tate inherits 'hen the
ascendants and descendants of the testator do not exist.
.GG
Professor ;amboa summari*es the order of intestate succession, thus4 A.B
legitimate children and their descendants@ A0B legitimate )arents and
descendants@ A=B illegitimate children and their descendants@ AFB surviving
s)ouse 'ithout )re3udice to the rights of brothers and sisters@ A/B collateral
relatives 'ithin the fifth A/thB degree@ and AGB the #tate.
.G8
&n Austria v. Re%es
.G7
the #u)reme ,ourt enunciated that testacy is favored
and doubts are resolved on the side, es)ecially 'here the 'ill evinces an
intention on the )art of the testator to dis)ose of )ractically his 'hole estate.
Furthermore, so com)elling is the )rinci)le that intestacy should be avoided
and the 'ishes of the testator allo'ed )revailing, that 'e could even vary the
language of the 'ill for the )ur)ose of giving it effect.
#uccession by Devise
?ne succeeds by devise 'hen he ac-uires land from one 'ho may not be a
relative, if he is named by the latter in his last 'ill and testament to succeed as
such. ven a stranger may ac-uire title by devise if a))ro)riate dis)osition
has been made in his favor by the testator in the latterIs 'ill. Chere the heirs
entitled 'ould so )refer, title to land under this method may formally be
transferred 'ithout )roceeding in court. !nder the )rovisions of +ule 8F,
#ection ., of the +ules of ,ourt, they may agree u)on an extra3udicial
settlement or )artition of the estate of the decedent, )rovided there are no
debts left by him 'hich remain unsettled.
.G/
,&H&L ,?D, art. 6G7.
.GG
Arts. 6G=%.>.F, iid.
.G8
F&LA$?+, +AL #TAT LAC' supra note .6, at 0>F.
.G7
=. #,+A 8/F A.68>B.
50