Recit Questions and Lecture

Notes Palabrica | July 3,

2015
First Day
RECIT QUESTIONS
1. What is Section 14 ?
2. Who are the citizens who can
acquire lands?
Section 1. The following are
citizens of the Philippines:
[1] Those who are citizens of the
Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or
mothers are citizens of the
Philippines;
[3] Those born before January
17, 1973, of Filipino mothers,
who elect Philippine citizenship
upon reaching the age of
majority; and
[4] Those who are naturalized in
accordance with law.
3. A is a possessor of a land, in
1980
designated
land,
declared alienable disposable
land then B sold the land
Can B apply registration?
(Malabanan Case)
4. Doctrine Republic vs Naguit
5. A
possesses
agricultural
lands he sold land to B. It was
found at that it was not
alienable and disposable land
in June 12 1945 ? Alienable
and Disposable in June 1980
only. (Republic vs Naguit
Case )

6. A is in possession and
occupying of the land since
1945 then he applied for
registration 1979 then 1980
land was declared as A&D
Land. Can his application be
approved?
NO.
The
application for registration
was filed before
7. Doctrine of Republic vs.
Roasa Tax declarations can
be accepted as evidence.
8. Section 14 Paragraph 1 when
will possession starts ? since
June 12, 1945 or earlier
9. Supposing
A
applies
registration after June 12
1945 after 9 years the land
declared A&D Land ? NO.
Malabanan Case
10. When does prescription
starts? The day of adverse
possession of the applicant
11. A
is
in
possession
agricultural land 1960 up to
1995.
1995
filed
for
registration. Will that be
approved?
YES.
Under
paragraph
2.
Through
prescription.
12. How many for acquisitive
prescription? At least 10
years in good faith and with
just title
13. Can
a
foreigner
corporation acquire land? NO
14. Can a naturalized citizen
acquire lands? YES
15. Can a foreigner acquire
land?
LECTURE NOTES
Before a person could register a
land he MUST EARN OWN A
TITLE

HOW? Through Section 14

Section 14 (1) Talks about
Incomplete and Imperfect Title
Requisites :
1. Filipino Citizen
A foreigner could acquire
also
through
intestate
succession
- The parent died without
any will.
- The law will operate itself
A foreigner who lost their
citizenship (naturalization took
allegiance from other country)
Only limited land he can acquire
2. Land must be alienable
land
- Republic vs Naguit Case
(January 2005)
- What is important : THE
POSSESSION OF PII SINCE
JUNE 12 1945 SHOULD BE
CONSIDERED
IN
THE
COUNTING
Malabanan Case 2009 CASE
- Reckoning period possession
the PII
- Affirmed doctrine of Naguit
case
- Herbietto Orbiter dictum
(opinion only of court)
Cited also in the cases :
- Republic vs Inglesis ni Cristo
(April 29, 2009)
- AFP Retirement and Separation
Benefit System (2009)
- Republic vs Roasa (Feb 2015)

Necessarily land alienable and

disposable
at the time of
application. Not necessary that
land is alienable since June 12,
1945 or earlier (Naguit Case)
Since June 12, 1945 or
earlier
describes the
POSSESSION
NOT
THE
ALIENABILITY OR DISPOSABILITY
OF LAND.
Determine
possession
and
alienation.
Once completed applicant has
Complete imperfect title.
Naguit case he filed application
after land declared disposable
and alienable land. No point of
going back to June 12 1945
Brayswel case he filed before
land declared alienable and
disposable (DENIED) . No point
of going back to June 12 1945
Difference
between
prescription and prescription
in pargraph 2 Section 14
Paragraph 2 prescription Mere
possession of alienable will give
you the title
Prescription NOT the mere
possession
even
if
you
possessed it 40 years. If not
declared patrimonial property.
- it will start to run if
government said it is not
patrimonial property already