PUBLIC LAND ACT (COMMONWEALTH ACT NO.

141)

- Shall recognize and apply a true value system that

takes into account social and environmental cost
 HISTORICAL BACKGROUND implications relative to the utilization, development and
conservation of our natural resources
ACT NO. 926 – the first Public Land Act, Prescribed rules
and regulation of the homesteading, selling and
leasing of portions of the public domain, and
prescribed the terms and conditions to enable persons DEPARTMENT OF ENVIRONMENT AND NATURAL
to perfect their titles to public lands in the islands REOURCES (DENR)

Also provided for the issuance of patents to certain

native settlers upon public lands for the establishment
of town sites and sale of lots therein, for the completion - Shall be primarily responsible for the implementation of
of imperfect titles and for the cancellation or the foregoing policy.
confirmation of Spanish concessions and grants in the
- Shall be incharge of carrying out the State’s
islands
constitutional mandate to control and supervise the
exploration, development, utilization, and conversion of
the country’s natural resources.
ACT NO. 2874 - The second Public Land Act was more
comprehensive in scope but limited the exploitation of
agricultural lands to Filipinos and Americans and
citizens of other countries which gave Filipinos same
privileges.
 PUBLIC LANDS: ALIENABLE AND DISPOSABLE LANDS IN
GENERAL

 PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)

- Enacted on November 7, 1936 Public Lands refers to such lands of the public domain
as are subject to alienation and disposal of the State in
- Grants of public lands are brought under the operation accordance with the Public Land Act.
of the Torrens system of registration.

- Its provisions govern the classification and disposition of

lands of the public domain other that timber and
mineral lands.
 REGALIAN DOCTRINE (Section 2, Article XII)

Note: Public land patents when duly registered are

- All lands and other natural resources are owned by the
veritable Torrens titles, they become private property
State.
which can no longer be subject of subsequent
- All lands not appearing to be clearly of private
disposition by the Director of Lands.
dominion presumptively belong to the State.
- Public lands not shown to have been reclassified or
released as alienable agricultural land or alienated to a
private person by the State remain part of the
inalienable public domain.
 POLICY CONSIDERATIONS - It reserves to the State all natural wealth that may be
found in the bowels of the earth even if the land where
the discovery is made private.
STATE

- Shall ensure, for the benefit of the Filipino people, the

 ALIENATION OF NATURAL RESOURCES
full exploration and development as well as the
judicious disposition, utilization, management, renewal General Rule: All natural resources CANNOT
and conservation of the country’s forest, mineral, land, be alienated
waters and other natural resources, consistent with the
objective of making the exploration, development and Exception: Agricultural lands
utilization of such natural resources equitably
accessible to the different segments of the present as
well as future generations.

Public Land Act 1

 EXPLORATION, DEVELOPMENT AND UTILIZATION OF ANCESTRAL DOMAIN – areas generally beloning to
NATURAL RESOURCES indigenous cultural communities, including ancestral
- Shall be under the full control and supervision of the lands, forest, pasture, residential and agricultural lands,
State hunting grounds, worship areas, and lands no longer
- The state may DIRECTLY UNDERTAKE such activities or occupied exclusively by indigenous cultural
the state may enter into CO-PRODUCTION, JOINT communities but to which they had traditional access,
VENTURE OR PRODUCTION-SHARING arrangements. particularly the home ranges of indigenous cultural
communities who are still nomadic or shifting
cultivators.

- Also include inland waters, coastal areas and natural

resources therein.
 DISTINCTION BETWEEN IMPERIUM AND DOMINIUM.

Note: State policy – recognition and protection of the

Imperium - Government authority possessed by the
rights of idigenous peoples to preserve abd develop
State which is appropriately embraced in sovereignty.
their cultures, tradtions, and institutions are the vital
concerns of the State. (RA 8371, IPRA)

Dominium - The capacity of the State to own and

acquire property.
 RESERVATION OF LANDS OF THE PUBLIC DOMAIN ARE
- It refers to lands held by the government in a VALID ASSERTION OF REGALIAN RIGHT
proprietary character: can provide for the exploitation
and use of lands and other natural resources.
Presidential proclamations reserving certain lands of the
public domain for specific purposes have the character
Note: No public land can be acquired by private of official assertion of ownership, and the presumption is
person without any grant, express or implied, from the that they have been issued by right of sovereignty and
government. in the exercise of the State’s dominical authority. These
proclamations are matters not only judicial notice but
are accepted as in the nature of a valid asservation of
Regalian right right over the property.
 THE IPRA AND NATIVE TITLE OVER ANCESTRAL LANDS
AND ANCESTRAL DOMAINS

Indigenous people may obtain the recognition of  ORGANIZATIONAL STRUCTURE - OFFICERS CHARGED
ownership over ancestral lands and ancestral domains WITH THE ADMINISTRATION OF PUBLIC LANDS
by virtue of native title; this is an exception to the theory
of jura regalia.
Secretary of Natural Resources – chief executive officer
charged to carry out the provisions of the Public Land
Act

ANCESTRAL LANDS – It refers to lands occupied by Director of Lands- under the immediate supervision of
individuals, families and clans who are members of the DENR Secretary
indigenous cultural communities including residential
lots, rice terraces or paddies, private forest, swidden
farms and tree lots.
Duties:

- These lands required to have been occupied,

a. Direct executive control over surveys, classifications,
possessed and utilized by them or through their
leases, sales and other forms of concession or
ancestors since time immemorial, continousluy to
disposition and management of public lands;
present.
b. Preparation and issuance of forms, instructions, rules
and regulations as may be necessary and proper to

Public Land Act 2

 carry into effect the provisions of the Public Land Act,
and for the conduct of proceedings arising thereunder,
subject to the approval of the Secretary(
Commonwealth Act No. 141, sections 3,4, and 5)
Exception:
c. Quasi-judicial officer- he makes findings of fact and
even passes upon questions of mixed fact and law,
and considers and decides the qualifications of - Where there is estoppel on the part of the
applicantsfor the purchase of public lands. party invoking the doctrine;
- Where the challenged administrative act is
patently illegal, amounting to lack of
Note: The decision on the construction of the Public jurisdiction
Land Act are entitled a great respect by the courts. The - Where there is unreasonable delay or official
decisions of the Director of Lands as to question of facts inaction that will irretrievably prejudice the
are conclusive when approved by the Secretary complainant
(Doctrine of Primary Jurisdiction) - Where the amount involved is relatively small
so as to make the rule impractical and
oppressive
- Where the question involved is purely legal
d. He represent the state in a reversion proceedings and and will ultimately have to be decided by the
may file an action for the cancellation of patent and courts of justice
title acquired through fraud - Where judicial intervention is urgent
- When its application may cause great and
e. Regulate the occupation or provisional use of public
irreparable damage
lands
- Where the controverted acts violate due
process
- When the issue of non-exhaustion of
Note: For administration purposes, land districts have administrative remedies has been rendered
been established throughout the Philippines, each moot
district is headed by a local land officer embracing one - When there is no other plain, speedy and
province adequate remedy
- When strong public interest is involved; and,
- In quo warranto proceedings.

 DOCTRINE OF PRIMARY JURISDICTION - if a case is such  CLASSIFICATION OF LANDS

that its determination requires the expertise, specialized
training and knowledge of the proper administrative
bodies, relief must first be obtained in an administrative
proceeding before a remedy is supplied by the courts Lands of public domain - either alienable or inalienable
even if the matter may well be within their proper
jurisdiction.
Lands of private domain - refers to land belonging to
and owned by the State as a private individual, without
being devoted of national wealth

 EXHAUSTION OF ADMINISTRATIVE REMEDIES – courts - similar to patriomonial properties of the State

must allow administrative agencies to carry out their
functions and discharge their responsibilities within the
specialized areas of their respective competence.

 CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN

UNDER THE CONSTITUTION
Courts cannot or will not determine a controversy
involving a question which is within the jurisdiction of
the administrative tribunal prior to the resolution of that
question by the administrative tribunal, where the SECTION 3. LANDS OF THE PUBLIC DOMAIN ARE
question demands the exercise of sound administrative CLASSIFIED INTO:
discretion requiring the special knowledge, experience
and services of the administrative tribunal to determine - Agricultural
technical and intricate matters of fact
- Forest/timber

Public Land Act 3

- Mineral lands & Before the government could alienate or dispose lands
of the public domain, the President must first officially
- National Parks classify these lands as alienable and disposable, and
declare them open to disposition or concession.

Note: Classification of public lands is an exclusive

prerogative of the Executive Department through the
Office of the President, upon recommendation by the
DENR and not to the court.  GOVERNMENT LAND AND PUBLIC LANDS DISTINGUISHED
(PL = PD) (GL ≠PL)

- Classification is descriptive of the legal nature of the

land and NOT what it looks like. Thus, the fact that Public Land - is equivalent to Public Domain, includes
forest land is denuded does not mean it is no longer lands open to private appropriation and settlement by
forest land. homestead and other like general laws.

 CLASSIFICATION OF ALIENABLE AND DISPOSABLE LANDS Government Land – more extensive and embraces not
only the public land but also other lands of the
For the administration and disposition of government already reserved or devoted to public use
alienable and disposable lands, they are classified or subject to private right.
under the Public Land Law according to the use and
purposes to which such lands may be destined, as
follows:

- Agricultural ( farm land)

 PREREQUISITE FOR DISPOSITION
- Residential, commercial, industrial, or for similar
productive purposes;

- Educational, charitable, or other similar purposes; and  Before any public land may be alienated or disposed
of, it is indispensable that there be a formal declaration
- Reservations for town sites and for public and quasi- by the President upon recommendation of the
public uses Secretary of DENR to the effect that such lands are
open to disposition or concession, and whenever
practicable the lands should have been previously
surveyed.
 The President upon recommendation of the Secretary
of DENR is authorized to make the above classification  Alienation or disposition or concession as used in Public
as well as to transfer lands from one class to another Land Act is meant any of the methods authorized by
from time to time as circumstances may warrant ( CA the said law for the acquisition, lease, use or benefit of
No. 141., Sec. 9) the lands of the public domain other than timber or
mineral land.
 Under the Revised Administrative Code, alienable
lands of the public domain may be ordered reserved
by the President for specific purpose or service
Modes of Disposition
 Old Constitution: they all form under the category of
agricultural lands, they not being forest nor mineral 1. For homestead settlement
lands.
2. Sale
 Under Public Land Act term “agricultural” is used in a
limited sense, and is meant distinctly as a farmland. 3. Lease

4. Confirmation of imperfect or incomplete title

 CLASSIFICATION OR RECLASSIFICATION OF PUBLIC a. Judicial legalization

LANDS AN EXECUTIVE PREROGATIVE – not the courts.
b. Administrative legalization ( free patent)
(Section 6 of CA No. 141)

Public Land Act 4

 HOMESTEAD SETTLEMENT exceed 12 hectares which shall be sold through sealed
bidding
Entitled to Patent:

- Any citizen of the Philippines over 18 or head of the

family may enter a homestead of not exceeding 12 - The land shall be awarded to the highest bidder, but
hectares of agricultural land of public domain. the applicant may equal the highest bid
- The applicant must, cultivate or improved at least 1/5 - The purchase price may be paid in full upon the
of the land continuously since the approval of the making of the award or in not more than 10 equal
application. annual installments from the date of the award
- Must resided for at least 1 year in the municipality or - It is required that the purchaser shall have not less than
municipality adjacent in which the land is located. 1/5 of the land cultivated within 5 years from the date
- Payment of required fee of the award, and before any patent is issued, he must
show actual occupancy, cultivation and improvement
of at least 1/5 of the land until the date of final
 EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS
payment

- When a homesteader has complied with all the terms

and conditions which entitle him to a patent for a
particular tract of public land, he acquires a vested  LEASE
interest therein, and is to be regarded as the equitable
owner thereof
- The execution and delivery of the patent, after the right
to a particular piece of land has become complete, Any corporations or associations at least 60% of capital
are the mere ministerial acts of the officer charged with stock belong wholly to Filipino citizens, may lease any
that duty tract of agricultural public land available for lease.
- Even without the patent, a perfected homestead is a
property right in the fullest sense, unaffected by the
fact that the paramount title to the land is still in the
FOR PRIVATE CORPORATIONS OR ASSOCIATIONS
government
- They can only hold alienable lands of the public
domain BY LEASE
 TRANSFER OF RIGHTS - Cannot exceed 25 years, renewable for not more than
- The applicant must prove to the Director of Lands that 25 years
he has already complied with all the requirements of - Lease cannot exceed 1,000 hectares
the law and can no longer continue with this
homestead, and there is a bona fide purchaser for the
FOR FILIPINO CITIZENS
rights and improvements of the applicant on the land.
- Can lease up to 500 hectares
- Upon the approval of the Director of Lands, may
- Can ACQUIRE not more than 12 hectares by purchase,
transfer his rights to the land and improvements to any
homestead or grant.
person legally qualified to apply for a homestead.
- Taking into account the requirements of conservation,
- Immediately after such transfer, the purchaser shall file
ecology and development, and subject to the
a homestead application to the land.
requirements of agrarian reform, Congress shall
determine by law the size of the lands of the public
domain which may be acquired, developed, held or
Note: Any person who has transferred his right may not lease and the conditions therefore.
again apply for a new homestead. Every transfer
without the approval of the Director of Lands shall be
null and void and shall result in the cancellation of the
 CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE -
entry and the refusal of patent.
JUDICIAL LEGALIZATION

REQUISITE FOR AVAILMENT:

 SALE OF PUBLIC AGRICULTURAL LANDS
- The applicant must be a Filipino citizen
- He must have, by himself or through his
predecessors in interest, possessed and
- Any citizen of lawful age or the head of the family may occupied an alienable and disposable
purchase any tract of public agricultural land not to agricultural portion of public domain.

Public Land Act 5

 - Such possession and occupation must have
been open, continuous, exclusive, notorious
and in the concept of owner, since June 12, - Marshy lands or lands covered with water bordering on
1945 the shores or banks of navigable lakes or rivers
- The application must be filed with the proper
- Lands not included in any of the foregoing classes
court
Note: The last two may be sold with the condition that
the purchaser shall make improvements of a
Period of possession: June 12, 1945 permanent character appropriate for the purpose for
which the land is purchased within 18 months from the
Additional requirement: (Class Discussion) date of the award.

Witness: At least 10 years old in the year of 1945.

Tax declaration  LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL

PURPOSES SHALL BE DISPOSED OF THROUGH ORAL
BIDDING (SECTION 67, CA 141) EXCEPTION (DIRECT
SALE)
Note: Limiting the are applied for to 12 hectares, lands
must be occupied by himself or through his Republic Act 730 allows the direct sale of public lands
predecessors in interest, possessed and occupied an for residential purposes to qualified applicants under
alienable and disposable agricultural portion of public certain conditions:
domain. Land must be alienable and disposable at the
time of the application for confirmation is filed. Land - Filipino citizen of legal age
not registrable as when it forms part of the public forest. - Must not be the owner of a home lot in the municipality
ONLY AGRICULTURE LANDS MAY BE SUBJECT OF or city in which he resides
ALIENATION. - Have established in good faith his residence on a
parcel of public land which is not needed for public
service
- Have constructed his house and actually resided
therein
 CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE - If the applicant complies with the above, he is given
ADMINISTRATIVE LEGALIZATION ( FREE PATENT) preference to purchase at a private sale not more than
1000 sq.m. of land at a price to be fixed by the Director
of Lands.
Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at least  SALE OF LANDS WITHIN MILITARY RESERVATIONS
30 years prior to the effectivity of this amendatory Act,
has continuously occupied and cultivated, either by - Pursuant to Republic Act 274, lands within military
himself or through his predecessors-in interest a tract or reservations when declared by the President as no
tracts of agricultural public lands subject to disposition, longer needed for military purposes may be subdivided
who shall have paid the real estate tax thereon while by the Director of Lands and thereafter sold to persons
the same hasn’t been occupied by any person shall be qualified to acquire agricultural public lands under the
entitled, under the provisions of this Chapter, to have a Public Land Act, with priority given to bona fide
free patent issued to him for such tract or tracts of such occupants and then to war veterans
land not to exceed 12 hectares.

- The area shall be determined by the Director of Lands

according to the nature of the land, the number of
 CLASSIFICATION AND DISPOSITION OF LANDS FOR prospective applicants, and the purposes for which it
RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES - is will be utilized.
governed by Chapter 9 of the Public Land Act
 LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER
SIMILAR PURPOSES
Lands are classified as:
The President upon recommendation of the Secretary
- Lands reclaimed by the government by dredging, filling of Environment and Natural Resources may execute
or other means; contract for sale or lease a portion of public land when
needed by any province, municipality, or other branch
- Foreshore or subdivision of the government, for the purpose of
founding a cemetery, church, college, school,
Note: The first two shall be disposed of by lease only

Public Land Act 6

 university, or other institutions for educational, Congress or by the DENR Secretary as authorized by the
charitable, or philanthropical purposes or scientific President.
research, the area to be such as may actually and
reasonably be necessary to carry out such purposes

- The Secretary of DENR may order the sale to be made  REGISTRATION OF PATENTS AND ISSUANCE OF
without public auction, at a price fixed by him. CERTIFICATES OF TITLES

 RESERVATIONS The patent or grant shall not take effecr as a

conveyance or bind the land but shall operate only as
TOWNSITE RESERVATION a contract between the government and the grantee.
It is the act of registration that conveys or affects the
- Whenever it shall be considered to be in the public
lands, and binds third person.
interest to found a new town. The Secretary of
Environment and Natural Resources shall direct the
Director of Lands to have a survey of the exterior
boundaries of the site on which such town is to be
 CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT
established, and upon the completion of the survey he
INDEFEASIBLE
shall send the same to said Secretary, with his
recommendations. - Registered owners under Torrens System, gives security
over the ownership of the land, it becomes private
- The Secretary, if he approves the recommendations of
property and it is no longer subject to the disposition of
the Director of Lands, shall submit the matter to the
the Director of Lands.
President to the end that the latter may issue a
proclamation reserving the land surveyed, or such part - It has in its favor the presumption of regularity
thereof as he may deem proper, as a town site.
- It becomes incontrovertible upon the expiration of 1
year from the date of the order for issuance of the
patent, hence, prescription cannot operate against the
RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC registered owner.
PURPOSES

- Upon the recommendation of the Secretary of DENR,

the President may designate by proclamation any  TITLE NOT DEFEATED BY ADVERSE, OPEN AND NOTORIOUS
tract/s of land of the public domain as reservations for POSSESSION. NEITHER CAN IT BE DEFEATED BY
the use of the RP or any of its branches, or of the PRESCRIPTION. A CERTIFICATE TITLE CANNOT BE
inhabitants thereof, in accordance with the regulations COLLATERALLY ATTACKED.
prescribed for this purpose, or for quasi-public uses or
purposes when the public interest requires it

- A certified copy of this proclamation shall be  CADASTRAL REGISTRATION PROCEEDINGS

forwarded to the Register of Deeds of the province or
city where the land lies

- Upon receipt of such copy, the Director of Lands shall

order the immediate survey of the proposed
reservation if the land has not been yet surveyed, and CADASTRAL PROCEEDINGS (PANG MALAWAKAN TO!)
as soon as the plat has been completed, he shall
- Upon the initiative of the government
proceed in accordance with the next following section
- To have titles to all lands in the stated area adjudicated
- The tract/s reserved shall be non-alienable and shall
not be subject to any occupation, entry, sale, lease, or - Public interest demands that titles to any unregistered
other disposition until again declared as alienable and land settled and adjudicated
disposable The principal aim is to settle as much as possible all
disputes over the land and to remove all clouds over
 SPECIAL PATENTS the land titles as far as practicable, in a community

Patent to grant, cede, and convey full ownership of - Nature of a proceeding in rem
alienable and disposable lands formerly covered by a
reservation of lands of the public domain and is issued
upon the promulgation of a special law or act of

Public Land Act 7

 FRIAR LANDS  GOVERNMENT MAY INITIATE ACTION FOR
CANCELLATION OF TITLE AND REVERSION

- Section 101 of Public Land Act provides for a remedy

- Private lands purchased by the government for sale to whereby lands of the public domain fraudulently
actual occupants under the provisions of Act 1120 or awarded to the applicant may be recovered or
the Friar Lands Act reverted back to its original owner, the government
- Office of Solicitor General shall represent the
- These lands are not public lands but private and
government in all land registration and related
patrimonial lands of the government
proceedings and institute actions for the reversion to
- The Land Management Bureau shall first issue a the government of lands of the public domain and
certificate stating therein that the government has improvements thereon as well as lands held in violation
agreed to sell the land to such settler or occupant of the Constitution
- It is improper for the government to file an action for
- The latter shall then accept the certificate and agree reversion of land titled to defendant pursuant to a free
to pay the purchase price so fixed, in installments and patent where the alleged fraud consists in the fact that
at the rate of interest specified in the certificate said land, at the time of issuance of the free patent was
no longer a part of the public domain, having been
- The conveyance or certificate of sale executed in favor adjudicated as private property of another person in a
of a buyer is a conveyance of ownership of the previous registration case
property, subject only to the resolutory condition that - An action for reversion on the ground that defendant
the sale may be cancelled if the price agreed upon is obtained patent through fraud would also fail where
not paid in full the land had successively been sold by the heirs of the
patentee to third parties who are holding Torrens titles
and enjoying the presumption of good faith
 REVERSION – fraud had been committed in securing -
such title. Private parties cannot challenge the validity of the
patent and title when they are not registered owners
thereof nor had they been declared the owners as
owners in the cadastral proceedings— whether the
Reversion of land acquired through fraud grant was in conformity with the law or not is a question
which the government may raise, but until it is raised by
The uncontroverted rule is that, the doctrine of
the government and set aside, the defendant cannot
indefeasibility of Torrens Title does not bar the filing of
question it. The legality of the grant is a question
an action for cancellation of title and reversion of land
between the grantee and the government.
even if more than one year has elapsed from the
issuance of the free patent in case of fraud in obtaining
it.
 ACTION FOR NULLITY OF LAND TITLES DISTINGUISHED
FROM REVERSION
 DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO
INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS

- It is not only the right but also the duty of the Director The difference between them lies in the allegations as
of Lands to conduct the investigation of any alleged to the character of the ownership of realty whose title is
fraud in securing the free patent and the sought to be nullified.
corresponding title to a public land and to file the
corresponding court action for the reversion of the
same to the State, if the facts disclosed in the course of
such investigation should so warrant. Reversion - pertinent allegations in the complaint
would admit State ownership of the disputed land. The
portion affected by the amendment would revert back
- The indefeasibility of title over land previously public is to the public domain.
not a bar to an investigation by the Director of Lands as
to how such title has been acquired, if the purpose of
such investigation is to determine whether or not fraud
Action for declaration of nullity of free patent and
had been committed in securing such title in order that
certificate title – the land is beyond the jurisdiction of
that the appropriate action for reversion may be filed
the Director of Lands to bestow and whatever patent
by the government.
or certificate title therefore is consequently void ab
initio. The real party in interest is not the State but the
plaintiff who alleges pre existing right of ownership over

Public Land Act 8

 the parcel of land in question even the grant of title to registration of the questioned property is not the real
the defendant. owner thereof
- Seeks to transfer or reconvey the land from the
registered owner to the rightful owner

Note: Beyond the jurisdiction of Director of Lands

because the land is private owned already. DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR
FROM THE ISSUANCE OF DECREE

- Action for reconveyance still available as remedy

 WHERE REVERSION IS IMPROPER
- Action in personam that it is always as long as the
In the case of Republic v. Umali, the government property has not passed to an innocent purchaser for
sought for the reversion of parcel of land on the ground value
that the original sale thereof from the government was
based on a forgery and therefore void ab initio.
RELEVANT ALLEGATIONS
However, the respondents are transferees, claiming to
be innocent purchasers. Since the respondents are - That the plaintiff is the owner of the land
transferees in good faith and for value and for value - That the defendant has illegally disposed him of the
and that the original acquisition thereof, although same
fraudulent, did not affect their own titles.

Note: Reversion does not apply to transferees, who are

innocent purchasers. It only applies to applicant who NOTE: The nullification of defendant’s land would not
committed fraud in securing such title. result in the reversion of the land to State but remains
private property, the plaintiff-claimant may seeks direct
 PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION
reconveyance.
If there has been any fraud or misrepresentation in
obtaining the title, an action for reversion instituted by
the Solicitor General would be the proper remedy  COURTS HAVE JURISDICTION OVER POSSESSORY
ACTIONS INVOLVING PUBLIC LANDS

 ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION,

LACHES - Even pending the investigation of, and resolution on,
an application by a bona fide occupant, by the priority
Statute of limitations doesn’t run against the State
of his application and record of his duty, he acquires a
right to the possession of the public land he applied for
against any other public land applicant, which right
 ACTION FOR CANCELLATION OF TITLE may be protected by the possessory action of forcible
entry or by any other suitable remedy that our rules
provide

Proper when a private party claims ownership of the

land as private property by virtue of a long period of
possession and hence, no longer deemed a part of the - The grant of power and duty to alienate and dispose of
public domain which could be disposed of under the the land doesn’t divest the courts of their duty or power
provisions of the Public Land Act, or when the land is to take cognizance of actions instituted by settlers or
already covered by a previously issued certificate of occupants or applicants against others to protect their
title. respective possessions and occupations, more
especially the actions of trespass, forcible entry and
unlawful detainer
 ACTION FOR RECONVEYANCE – BRING THE LAND BACK
TO THE OWNER.

- Legal and equitable remedy granted to the rightful

owner of the land which has been wrongfully or
erroneously registered in the name of another for the
purpose of compelling the latter to transfer or reconvey
the land to him
- After one year from the issuance of the decree, may
bring action for reconveyance of the property
Only to show that the person who secured the

Public Land Act 9