Professional Documents
Culture Documents
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LTD Updated PDF
UPDATES, CONFLICTS
AND REMEDIES
•
ENVIRONMENTALISTS CHECKING THE
MANGROVES
School site reservations
• Land reserved for a school site under Sec. 83, CA
No. 141, shall not be subject to occupation, entry,
sale, lease, or other disposition until again declared
alienable by proclamation of the President.
(Central Mindanao University v. Republic, GR
No.195026, Feb. 22, 2016).
• It remains to be property of the public dominion
until withdrawn from the public or quasi-public
use for which they have been reserved, by act of
Congress or by proclamation of the President, or
otherwise positively declared to have been
converted to patrimonial property. (NOVA v.
Republic, GR No. 177168, Aug. 3, 2015)
Forests:
– Forest is a large tract of land covered with a
natural growth of trees and underbrush.
– The classification is descriptive of its legal nature
or status and does not have to be descriptive of
what the land actually looks like. (DENR Sec. v.
Yap, GR No. 167707, Oct. 8, 2008)
– Unless and until the land classified as forest is
released as A and D, the rules of confirmation of
title do not apply. (Amunategui v. Director of
Forestry, 126 SCRA 69)
Mineral lands:
– Mineral land means any area where mineral
resources are found.
– Mineral lands and resources are owned by the
State and their exploration, development and
utilization is subject to the full control and
supervision of the State. (Republic v. CA and Dela
Rosa, 160 SCRA 228; La Bugal-B’laan v. Ramos,
445 SCRA 1)
– Possession of mineral land, no matter how long,
does not confer possessory rights. (Atok Big
Wedge v. CA, 193 SCRA 71)
OPEN PIT MINING
Military or naval reservation:
– Land inside a military (or naval) reservation, like the
Fort Bonifacio Military Reservation, cannot be the
object of registration unless it had been withdrawn
from the reservation and declared as A and D land.
– It remains part of a military reservation even if
incidentally it is devoted for a purpose other than as
a military camp.
– Moreover, the 1987 Constitution forbids private
corporations from acquiring any kind of alienable
land of the public domain, except through lease for a
limited period. (Republic v. Southside, 502 SCRA
587)
PHILIPPINE NAVY HEADQUARTERS
Reservations for public/national parks
• Land reserved for park purposes is not registrable.
(Palomo v. Court of Appeals GR No. 95608, Jan.
21, 1997)
• Where a certificate of title covers a portion of land
within the area reserved for park purposes, the title
should be annuled with respect to that portion.
(Palomo v. CA, 266 SCRA 392)
• For instance, the Tiwi Hot Spring National
Park cannot be disposed of under the Public
Land Act or Property Registration Decree.
Foreshore lands:
– A foreshore land is that “strip of land that lies
between the high and low water marks and that is
alternately wet and dry according to the flow of the
tide,“ or "that part of the land adjacent to the sea
which is alternately covered and left dry by the
ordinary flow of the tides.” Foreshore lands are
inalienable unless declared to be A and D portions
of the public domain. (Republic v. RREC, 299
SCRA 199)
– Land invaded by the sea is foreshore land and
becomes part of the public domain. (Republic v.
CA and Morato, 281 SCRA 639)
• Puno, J., concurring opinion in Republic v. RREC:
– “The CCP is a ‘non-municipal public corporation’
established for the primary purpose of propagating arts
and culture in the Philippines. It was created to awaken
the consciousness of the Filipino people to their artistic
and cultural heritage, and encourage them to assist in
its preservation, promotion, enhancement and
development. The CCP Complex was established as a
worthy venue for Filipino artists to express their art
and for the people to appreciate art and the Filipino
culture. But more than its peso and centavo
significance, the Decision and Amended Decision,
unless reversed, will deal arts and culture a debilitating
blow.”
Reclaimed lands:
– Submerged areas form part of the public domain;
only when reclaimed from the sea can these
submerged areas be classified as agricultural lands.
– Once reclaimed the government may then officially
classify these lands as A and D, and declare these
lands no longer needed for public service. Only
then can these lands be considered as A and D
lands and within the commerce of men. (Chavez v.
PEA, 384 SCRA 152)
Lakes:
– Lakes are neither agricultural nor disposable lands
of the public domain; hence, free patents and
certificates of title covering portions of the lake are
a nullity.
– But areas beyond its natural bed, or the ground
covered by the waters at their highest ordinary
depth during the dry season, may be registered.
(Republic v. CA and De Rio, 131 SCRA 532)
LAGUNA LAKE
Protected areas:
• RA No. 7586 provides for the establishment and
management of a national integrated protected
areas system referred to as the “National Integrated
Protected Areas System Act of 1992.”
• Protected areas are necessary to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable
use of resources found therein.
• A protected area, like the Bataan Natural Park, is
inalienable.
BOHOL CHOCOLATE HILLS
MT. AMUYAO, 3RD HIGHEST PHIL.
MOUNTAIN
REGISTRATION UNDER
THE PROPERTY
REGISTRATION DECREE
(PD 1529)
• Who may apply?
• Under Sec. 14(1)
– “Those who by themselves or their predecessors-
in-interest have been in open, continuous,
exclusive and notorious possession and occupation
of alienable and disposable lands of the public
domain under a bona fide claim of ownership since
June 12, 1945, or earlier.”
• Requisites
• The applicant must be a Filipino citizen.
• The land must be an agricultural land, already
classified as alienable and disposable (A and D)
land at the time of the filing of the application
(Malabanan v. CA, GR No. 179987, April 29,
2009, Sept. 3, 2013; Mercado v. Valley Mountain
Mines, GR No. 141019, Nov. 23, 2011)
• Applicant must have been in open, continuous,
exclusive and notorious possession and occupation
(OCENCO) of the land, under a bona fide claim of
ownership
• Since June 12, 1945 or earlier.
• Tersely put, under Section 14 (1) of PD 1529, the
property in question is alienable and disposable land
of the public domain; the applicant by himself or
through his predecessors-in-interest have been in
open, continuous, exclusive and notorious possession
and occupation thereto; and such possession is under
a bona fide claim of ownership since June 12, 1945,
or earlier. (Republic v. Alba, GR No. 169710, Aug.
19, 2015).
• In Republic v. Alconaba (G.R. No. 155012, April
14, 2004), it was explained that the intent behind
the law's use of the terms possession and
occupation is to emphasize the need for actual and
not just constructive or fictional possession
• Campos v. Republic, GR No. 184371, March 5, 2014,
stresses:
• “We emphasize that since the effectivity of P.D.
No. 1073 13 on January 25, 1977, it must be
shown that possession and occupation of the land
sought to be registered by the applicant himself or
through his predecessors-in-interest, started on
June 12, 1945 or earlier, which totally conforms to
the requirement under Section 14 (1) of P.D. No
1529. A mere showing of possession and
occupation for thirty (30) years or more is no
longer sufficient.”
• Rationale for the rule that the land need be classified
as A and D already at the time the application is filed:
– “If the State, at the time the application is made,
has not yet deemed it proper to release the property
for alienation or disposition, the presumption is
that the government is still reserving the right to
utilize the property; hence, the need to preserve its
ownership in the State irrespective of the length of
adverse possession even in good faith.”
• Possession is -
– Open when it is patent, visible, apparent, notorious
and not clandestine;
– Continuous when uninterrupted, unbroken and not
intermittent or occasional;
– Exclusive when the adverse possessor can show
exclusive dominion over the land and an
appropriation of it to his own use and benefit; and
– Notorious when it is so conspicuous that it is
generally known and talked of by the public or the
people in the neighborhood. (Bienvenido v.
Gabriel, GR No. 175763, April 11, 2012)
• Under Sec. 14(2)
– “Those who have acquired ownership of private
lands by prescription under the provisions of
existing laws”
• Rule on prescription:
Ordinary prescription – 10 years in good faith
Extraordinary prescription – 30 years
• But land must be patrimonial property for
prescription to apply. (Malabanan v. Republic,
supra)
• Lands of the public domain shall form part of the
patrimonial property of the State when there is a
declaration that:
• These lands are alienable or disposable, and
• Are no longer intended for public use or public
service.
• Only when such lands have become patrimonial
can the prescriptive period for the acquisition of the
property begin to run. (Malabanan v. CA, supra;
Republic v. Espinosa, GR No. 171514, July 18,
2012)
• The Court in Republic v. Sese, GR No. 185092, June
4, 2014, explicated:
– “The applicant must be able to show that the State, in
addition to the said classification, expressly declared
through either a law enacted by Congress or a
proclamation issued by the President that the subject
land is no longer retained for public service or the
development of the national wealth or that the property
has been converted into patrimonial. Consequently,
without an express declaration by the State, the land
remains to be a property of public dominion and,
hence, not susceptible to acquisition by virtue of
prescription.”
• Concept of possession for purposes of prescription
• Possession must be that of owner, and it must be
public, peaceful and uninterrupted. Acts of a
possessory character by virtue of a license or mere
tolerance are not sufficient.
• The present possessor may complete the period for
prescription by tacking his possession to that of his
grantor or predecessor-in-interest.
• It is presumed that the present possessor who was
also the possessor at a previous time has continued
to be in possession during the intervening time.
• Distinction between Sec. 14(1) and Sec. 14(2):
• Under Sec. 14(1), there must be proof showing
that the land had already been classified as
alienable and disposable at the time the application
is filed.
• Under Sec. 14(2), there must be proof that the land
had already been converted to patrimonial
property (no longer intended for public service or
the development of the national wealth) at the start
of possession. (Republic v. Zuburban Realty, GR
No. 164408, March 24, 2014)
• Under Sec. 14(3)
–
• Area limitations
• In highly urbanized cities - not exceed two
hundred (200) square meters;
• In other cities - not exceed five hundred (500)
square meters;
• In first class and second class municipalities - not
exceed seven hundred fifty (750) square meters;
and
• In all other municipalities - not exceed one
thousand (1,000) square meters:
• Sales patent
• Any citizen of the Philippines of lawful age or the
head of a family may purchase any tract of public
agricultural land not to exceed twelve hectares
which shall be sold thru sealed bidding. The land
shall be awarded to the highest bidder, but the
applicant may equal the highest bid.
• The purchaser shall have not less than one-fifth of
the land cultivated within five years from the date
of the award, and pays the full purchase price or in
not more than ten equal annual installments from
the date of the award. (Secs. 22, 26 and 28, CA
No. 141)
• Approval of application authorizes applicant to take
possession
– The approval of a sales application merely
authorizes the applicant to take possession of the
land so that he could comply with the requirements
prescribed by law before a final patent could be
issued in his favor.
– What divests the government of title to the land is
the issuance of the sales patent and its subsequent
registration with the Register of Deeds.
• Direct sale under RA No. 730
• RA No. 730 permits the direct sale of public lands
for residential purposes to qualified applicants.
The applicant must:
(a) be a Filipino citizen of legal age;
(b) not the owner of a home lot in the
municipality or city in which he resides;
(c) has established in good faith his residence on
a parcel of public land which is not needed
for public service; and
(d) has constructed his house and actually
resided therein.
•
• Sale of lands within military reservations
• Pursuant to RA No. 274, lands within military
reservations, when declared by the President as no
longer needed for military purposes, may be
subdivided by the Director of Lands, and thereafter
sold to persons qualified to acquire agricultural
public lands under the Public Land Act, with
priority given to bona fide occupants and then to
war veterans.
• Lands for educational, charitable and other similar
purposes
– Lands for educational, charitable and similar
purposes may be sold or leased, under the same
conditions as the sale or lease of agricultural public
lands, for the purpose of founding a cemetery,
church, college, school, university, or other
institutions for educational, charitable, or
philanthropical purposes or scientific research, the
area to be such as may actually and reasonably be
necessary to carry out such purposes.
– The DENR Secretary may order the sale to be made
without public auction, at a price to be fixed by him.
(Secs. 69 and 70, Chapter X, CA No. 141)
–
• Lease
• Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per
centum of the capital stock or of any interest in said
capital stock belongs wholly to citizens of the
Philippines, and which is organized and constituted
under the laws of the Philippines, may lease any
tract of agricultural public land available for lease
under the provisions of this Act, not exceeding a
total of one thousand and twenty-four hectares.
• If the land leased is adapted to and be devoted for
grazing purposes, an area not exceeding two
thousand hectares may be granted. (Sec. 33, CA No.
141, as amended)
• Reservations for public or quasi-public purposes
• Upon the recommendation of the DENR Secretary, the
President may designate by proclamation any tract or
tracts of land of the public domain as reservations for
the use of the Republic of the Philippines or of any of
its branches, or of the inhabitants thereof, in
accordance with regulations prescribed for this
purpose, or for quasi-public uses or purposes when the
public interest requires it. (Sec. 83, CA No. 141)
• A certified copy of every proclamation of the President
shall be forwarded to the Director of Lands for record
purposes, and a copy of this record shall be forwarded
to the Register of Deeds of the province or city where
the land lies. (Sec/ 86. id.)
•
• Special patents
– A special patent is a “patent to grant, cede, and
convey full ownership of alienable and disposable
lands formerly covered by a reservation or lands of
the public domain” and is issued upon the
“promulgation of a special law or act of Congress
or by the Secretary of Environment and Natural
Resources as authorized by an Executive Order of
the President.”
– Example: Freedom Islands located in the Manila
Bay and pursuant to which the Register of Deeds
issued TCT Nos. 7309, 7311 and 7312 in the name
of PEA.
• Friar lands
• Friar lands were purchased by the government for
sale to actual occupants under the provisions of
Act No. 1120, or the Friar Lands Act, dated April
26, 1904. These lands are not public lands but
private or patrimonial property of the government.
• The conveyance or certificate of sale executed in
favor of a buyer or purchaser is a conveyance of
the ownership of the property. Upon full payment,
the government shall issue a final deed of
conveyance in favor of the purchaser, subject to
the approval of the Secretary of Environment and
Natural Resources.
ADMINISTRATIVE TITLING
UNDER THE PUBLIC LAND
ACT (CA NO. 141)
GENERAL PRINCIPLES
–
• Area limitations
• In highly urbanized cities - not exceed two
hundred (200) square meters;
• In other cities - not exceed five hundred (500)
square meters;
• In first class and second class municipalities - not
exceed seven hundred fifty (750) square meters;
and
• In all other municipalities - not exceed one
thousand (1,000) square meters:
• Sales patent
• Any citizen of the Philippines of lawful age or the
head of a family may purchase any tract of public
agricultural land not to exceed twelve hectares
which shall be sold thru sealed bidding. The land
shall be awarded to the highest bidder, but the
applicant may equal the highest bid.
• The purchaser shall have not less than one-fifth of
the land cultivated within five years from the date
of the award, and pays the full purchase price or in
not more than ten equal annual installments from
the date of the award. (Secs. 22, 26 and 28, CA
No. 141)
• Approval of application authorizes applicant to take
possession
– The approval of a sales application merely
authorizes the applicant to take possession of the
land so that he could comply with the requirements
prescribed by law before a final patent could be
issued in his favor.
– What divests the government of title to the land is
the issuance of the sales patent and its subsequent
registration with the Register of Deeds.
• Direct sale under RA No. 730
• RA No. 730 permits the direct sale of public lands
for residential purposes to qualified applicants.
The applicant must:
(a) be a Filipino citizen of legal age;
(b) not the owner of a home lot in the
municipality or city in which he resides;
(c) has established in good faith his residence on
a parcel of public land which is not needed
for public service; and
(d) has constructed his house and actually
resided therein.
•
• Sale of lands within military reservations
• Pursuant to RA No. 274, lands within military
reservations, when declared by the President as no
longer needed for military purposes, may be
subdivided by the Director of Lands, and thereafter
sold to persons qualified to acquire agricultural
public lands under the Public Land Act, with
priority given to bona fide occupants and then to
war veterans.
• Lands for educational, charitable and other similar
purposes
– Lands for educational, charitable and similar
purposes may be sold or leased, under the same
conditions as the sale or lease of agricultural public
lands, for the purpose of founding a cemetery,
church, college, school, university, or other
institutions for educational, charitable, or
philanthropical purposes or scientific research, the
area to be such as may actually and reasonably be
necessary to carry out such purposes.
– The DENR Secretary may order the sale to be made
without public auction, at a price to be fixed by him.
(Secs. 69 and 70, Chapter X, CA No. 141)
–
• Lease
• Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per
centum of the capital stock or of any interest in said
capital stock belongs wholly to citizens of the
Philippines, and which is organized and constituted
under the laws of the Philippines, may lease any
tract of agricultural public land available for lease
under the provisions of this Act, not exceeding a
total of one thousand and twenty-four hectares.
• If the land leased is adapted to and be devoted for
grazing purposes, an area not exceeding two
thousand hectares may be granted. (Sec. 33, CA No.
141, as amended)
• Reservations for public or quasi-public purposes
• Upon the recommendation of the DENR Secretary, the
President may designate by proclamation any tract or
tracts of land of the public domain as reservations for
the use of the Republic of the Philippines or of any of
its branches, or of the inhabitants thereof, in
accordance with regulations prescribed for this
purpose, or for quasi-public uses or purposes when the
public interest requires it. (Sec. 83, CA No. 141)
• A certified copy of every proclamation of the President
shall be forwarded to the Director of Lands for record
purposes, and a copy of this record shall be forwarded
to the Register of Deeds of the province or city where
the land lies. (Sec/ 86. id.)
•
• Special patents
– A special patent is a “patent to grant, cede, and
convey full ownership of alienable and disposable
lands formerly covered by a reservation or lands of
the public domain” and is issued upon the
“promulgation of a special law or act of Congress
or by the Secretary of Environment and Natural
Resources as authorized by an Executive Order of
the President.”
– Example: Freedom Islands located in the Manila
Bay and pursuant to which the Register of Deeds
issued TCT Nos. 7309, 7311 and 7312 in the name
of PEA.
• Friar lands
• Friar lands were purchased by the government for
sale to actual occupants under the provisions of
Act No. 1120, or the Friar Lands Act, dated April
26, 1904. These lands are not public lands but
private or patrimonial property of the government.
• The conveyance or certificate of sale executed in
favor of a buyer or purchaser is a conveyance of
the ownership of the property. Upon full payment,
the government shall issue a final deed of
conveyance in favor of the purchaser, subject to
the approval of the Secretary of Environment and
Natural Resources.