Who may apply for registration of a land
XII, 1987 Constitution)
I. UNDER PD 1529
1. Those who by themselves or through their
predecessors‐in‐interest have been in open,
continuous, exclusive, and notorious (OCEN)
possession and occupation of alienable and
disposable lands of public domain under a bona fide
claim of ownership since June 12,1945 or earlier;
(also in CA 141)
2. Those who have acquired ownership of private lands
by prescription under provisions of existing laws;
3. Those who have acquired ownership of private lands
or abandoned river beds by right of accession or
accretion; or
4. Those who have acquired ownership of land by any
other manner provided by law.
5. Where the land is owned in common, all the co‐
owners shall file the application jointly. (Sec. 14, PD
1529)
II. OTHERS
Pacto de retro sale
GR: Vendor a retro may apply for registration.
XPN: Vendee a retro, should the period for redemption
expire during pendency of registration proceedings and
ownership to property is consolidated in vendee a retro.
Note: Pacto de retro sale refers to a sale with right to
repurchase.
Trust
GR: Trustee may apply for registration.
XPN: Unless prohibited by the instrument creating the
trust.
Note: Trusteeship or trust is a fiduciary relationship with
respect to property which involves the existence of
equitable duties imposed upon the holder of the title to
the property to deal with it for the benefit of another
Reserva troncal
Reservor has the right to apply for registration but the
reservable character of the property will be annotated in
the title.
Note: In reserva troncal the ascendant who inherits from
his descendant any property which the latter may have
acquired by gratuitous title from another ascendant, or a
brother or sister, is obliged to reserve such property as he
may have acquired by operation of law for the benefit of
relatives who are within the third degree and who belong
to the line from which said property came.
May a corporation own lands? It depends.
Corporation sole can acquire by purchase a parcel of
private agricultural land without violating the
constitutional prohibition since it has no nationality.
Private Lands
1. At least 60% Filipino
(Sec. 7, Art.
2. Restricted as to extent reasonably necessary to
enable it to carry out purpose for which it was
created
3. If engaged in agriculture, it is restricted to 1,024
hectares.
Patrimonial property of the State
(Sec. 3, Art. XII, 1987 Constitution)
1. Only Lease (cannot own land of the public
domain) for 25 years renewable for another 25
years
2. Limited to 1,000 hectares
3. Applies to both Filipinos and foreign
corporations.
May a corporation apply for registration of a parcel of
land?
Yes, through lease not exceeding 1,000 hectares. Such
lease shall not exceed twenty five (25) years and
renewable for not more than twenty five (25) years. (Sec.
3, Art. XII, 1987 Constitution)
Note: Determinative of this issue is the character of the
parcels of land – whether they were still public or already
private – when the registration proceedings were
commenced.
If they are already private lands, the constitutional
prohibition against acquisitions by a private corporation
would not apply. (Vested Right)
An alien cannot acquire private lands.
XPN: Acquisition by aliens is allowed when:
1. It is thru hereditary succession. (Note:
Succession is limited only to intestate
succession)
2. The alien is a former natural‐born citizen of the
Philippines, provided he only acquires:
a. 1,000 square meters – urban land; or
b. 1 hectare – rural land
3. If it is necessary for creation and maintenance of
diplomatic or foreign mission.
Note: Said land should be for his residence.
Joe, an alien, invalidly acquired a parcel of land in the
Philippines. He subsequently transferred it to Jose, a
Filipino citizen. What is the status of the transfer?
A: If a land is invalidly transferred to an alien who
subsequently becomes a Filipino citizen or transfers it to
a Filipino, the flaw in the original transaction is
considered cured and the title of the transferee is
rendered valid. Since the ban on aliens is intended to
preserve the nation’s land for future generations of
Filipinos, that aim is achieved by making lawful the
acquisition of real estate by aliens who became Filipino
citizens by naturalization or those transfers made by
aliens to Filipino citizens. As the property in dispute is
already in the hands of a qualified person, a Filipino
citizen, there would be no more public policy to be
protected. The objective of the constitutional provision
to keep our lands in Filipino hands has been achieved.
(Borromeo v. Descallar, G.R. No. 159310, Feb. 24, 2009)
Steps or requisites in ordinary registration proceedings
and judicial confirmation of imperfect title

SA‐ST‐PSA‐HPIEST

1. Survey of land by Bureau of Lands or any duly

licensed private surveyor

2. Filing of Application for registration by applicant

3. Setting of date for initial hearing by the court

4. Transmittal of application and date of initial hearing

together w/ all documents or other pieces of
evidence attached thereto by clerk of court to
National Land Titles and Deeds Registration
Administration (NALTDRA)

5. Publication of notice of filing of application and date

and place of hearing

6. Service of notice by sheriff upon contiguous owners,

occupants and those known to have interest in the
property

7. Filing of Answer or opposition to the application by

any person whether named in the notice or not

8. Hearing of case by court

9. Promulgation of judgment by court

10. Issuance of a decree by court declaring the decision

final, and instructing the NALDTRA to issue a decree
of confirmation and registration

11. Entry of decree of registration in NALDTRA

(NATIONAL LAND TITLES AND DEEDSREGISTRATION
ADMINISTRATION)

12. Sending of copy of the decree of registration to

corresponding RD

13. Transcription of decree of registration in the

registration book and issuance of owner’s duplicate
original certificate of title (OCT) of applicant by RD,
upon payment of prescribed fees

* Note: After judgment has become final and executory,

the issuance of decree and OCT is ministerial on the part
of LRA and RD. (Aquino, p. 14‐15; Agcaoili, Registration
Decree and Related Laws, p. 182‐183)

KRIVENKO vs. ROD

Lands and natural resources are immovables and as such
can be compared to the vital organs of a person's body,
the lack of possession of which may cause instant death
or the shortening of life.

What kind of independence are we going to have if a part

of our country is not in our hands but in those of
foreigners?