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, re5ects 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 6&& of the
.789 ,onstitution )rovides4 :All lands of the )ublic domain, 'aters, minerals,
coal, )etroleum, and other mineral oils, all forces of )otential energy,
;sheries, forests or time, 'ildlife, 5ora and fauna, and other natural resources
are o'ned by the #tate.<
Lee Hong Ho! ". Da"id
=.+. >o. L%?@?87, December 09, .790
DA,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 imperiumB 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 C'hich is )art of the >aga
,adastreD should be declared null and void. The ,A found no legal
3usti;cation for nullifying the right of David over the dis)uted land
arising from the grant made in his favor by a))ro)riate )ublic oEcials.
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 A,T 'as issued by the +egister of
Deeds of >aga ,ity in favor of the res)ondent.
&##!4 FA> 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 Gthat no )ublic land can be ac-uired by )rivate
)ersons 'ithout any grant, ex)ress or im)lied, from the government.G
&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 A,T 'as issued in
favor of res)ondent David by com)etent )ublic oEcials. 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 oEcial acts of an
oEcer of the =overnment. The a))lication 'as merely a rene'al of his
deceased 'ifeHs a))lication, and the said deceased occu)ied the land
since .7?8.
CThe ;rst )aragra)h of #ection 0, Article 6&& says that :all lands of the
)ublic domain x x x and other natural resources are o'ned by the
state,<D
A grant by the government through duly com)etent )ublic oEcials
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
:0. 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 G#)ain
in its earlier decrees embodied the universal feudal theory that all
lands 'ere held from the ,ro'n . . .G 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. Fhat 'as stated by 2olmes served to con;rm a much
more extensive discussion of the matter in the leading case of
#alenton v. $ur!iano, decided in .7@I. Ane of the royal decrees cited
'as incor)orated in the Re!opila!ion de Le%es de las Indias in these
'ords4 GFe 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
3
royal cro'n and )atrimony, it is our 'ill that 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,
con;rming 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.G
&t could therefore be aErmed in $ontano v. Insular Government that
Gas to the una))ro)riated )ublic lands constituting the )ublic domain
the sole )o'er of legislation is vested in ,ongress, . . .G They continue
to )ossess that character until severed therefrom by state grant.
Fhere, 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. Fhat 'as held in 2eirs of
Datu Pendatun v. Director of Lands ;nds a))lication. Thus4 GThere
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.G For it is 'ell%settled Gthat no )ublic land
can be ac-uired by )rivate )ersons 'ithout any grant, ex)ress or
im)lied, from the government.G &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 GThe a))licant, having
failed to establish his right or title over the northern )ortion of Lot >o.
IJ? 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.G 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
?7@ #,+A ?I?
DA,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 ;led 'ith the land registration court an a))lication for
registration of a )arcel of land, alleging that they had occu)ied the
4
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 con;rming the im)erfect title of )etitioners, holding that
)etitioners had adduced suEcient evidence to establish their
registrable rights over the Lot. An 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 .7?/ CArt. 6&&&, #ec. .D,
.79? CArt. 6&K, #ec. 8D, and .789 ,onstitution CArt. 6&&, #ec. 0D, '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. Forse, the
technical descri)tion signed by the oEcer in charge of the survey
division in the Bureau of Lands categorically stated that the survey 'as
inside :$ari(ina Fatershed<. The main thrust of )etitionersL claim over
the Lot is that :all Presidential )roclamations li(e the )roclamation
setting aside the $ari(ina Fatershed +eservation are sub3ect to )rivate
rights.< They claim that the )resum)tion of la' then )revailing under
the Phili))ine Bill of .7@0 and Public Land Act >o. 70J '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 ;nds the )etition bereft of merit. &t 'as erroneous for
)etitioners to argue that under the Phili))ine Bill of .7@0 and Public
Land Act >o. 70J, mere )ossession by )rivate individuals of lands
creates the legal )resum)tion that the lands are alienable and
dis)osable. The term :)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 .789
,onstitution )rohibits the alienation of all natural resources exce)t
agricultural lands of the )ublic domain. Fatershed +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 A ??
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 ;de claim of o'nershi) for at least thirty years
)receding the ;ling of his a))lication as )rovided by #ection I8 CbD ,A
.I.. 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 I8 CbD of ,A .I. )rior
to the issuance of A ??, or under the amendment by +A .7I0 and PD
.@9?.
At the same time, A ?? 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 A ?? in .7@I 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.
5
#ection I8 CbD of ,A .I., as amended, a))lies exclusively to alienable
and dis)osable )ublic agricultural land.
A )ositive act of the xecutive De)artment is needed to declassify land
'hich had been earlier classi;ed as a 'atershed reservation and to
convert it into alienable or dis)osable land for agricultural or other
)ur)oses. Ance 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
declassi;cation is sho'n.
vidence on record thus a))ears unsatisfactory and insuEcient to
sho' clearly and )ositively that the Lot had been oEcially released
from the $ari(ina Fatershed +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 ;ling of the a))lication for
con;rmation of title.
Pang!ati$ran ". Cort o# A$$eals
?97 #,+A J0.
DA,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 ;led 'ith the ,ourt of First &nstance an a))lication for
3udicial con;rmation and registration of title to certain lots. The ,ourt
of First &nstance )romulgated a decision con;rming )etitionersL title to
the )ro)erty. The AEcial ,erti;cate Title 'as issued in the name of the
)etitioners. +e)ublic of the Phili))ines ;led '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
certi;cates of title, and to con;rm the sub3ect land as )art of the )ublic
domain. The ,ourt of A))eals set aside the June ./, .7J9 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 reclassi;ed or alienated to a )rivate )erson by the #tate, it
remains )art of the inalienable )ublic domain. Accu)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 ;ling of the a))lication
for land registration and issuance of the certi;cate 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
6
forest land, the court a -uo found registrable title in favor of )etitioners
based on the +e)ublicLs failure to sho' that the land is more valuable
as forest land than for agricultural )ur)oses.
There 'as no evidence sho'ing that the land has been reclassi;ed as
dis)osable or alienable. Before any land may be declassi;ed 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 con;rmation of im)erfect titles do not
a))ly unless and until the land classi;ed as forest land is released in
an oEcial )roclamation to that eMect so that it may form )art of the
dis)osable agricultural lands of the )ublic domain. Declassi;cation 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.
CPetitionersL contention that the +e)ublic is no' barred from
-uestioning the validity of the certi;cate of title issued to them
considering that it too( the government almost eighteen C.8D 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.D
LI$ITATION& ON THE REGALIAN DOCTRINE
By virtue of the #tateLs )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)eci;c limitations to such )o'er. These are enumerated in
#ections 0 and ? of Article 6&&.
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)eci;c )rovisions4
:#,T&A> 0. All lands of the )ublic domain . . . are o'ned by the #tate.
Fith the exce)tion of agricultural lands, all other natural resources
shall not be alienated. . .<
:#,T&A> ?. Lands of the )ublic domain are classi;ed into agricultural,
forest or timber, mineral lands, and national )ar(s. Agricultural lands of
the )ublic domain may be further classi;ed 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%;ve years,
rene'able for not more than t'enty%;ve years, and not to exceed one
7
thousand hectares in area. ,iti*ens of the Phili))ines may lease not
more than ;ve hundred hectares, or ac-uire not more than t'elve
hectares thereof by )urchase, homestead, or grant.
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 :'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.
8?9. or &ndigenous Peo)leLs +ights Act C&P+AD. &n the case of Cru2 v.
E3e!utive &e!retar%' =.+. >o. .?/?8/, J December 0@@@, +e)ublic Act >o.
8?9. 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 9%9 '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
I. Phil. 7?J
FA,T#4 An &gorot a))lied to the Phili))ine court for registration of a
certain )arcel of land. The )laintiM 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/, .88@ 'hich re-uired registration for
good titleB and because of such the !.#. is the o'ner of the )ro)erty by
succeeding #)ain by virtue of the Treaty of Paris.
8
&##!4 FA> the land is )ublic or not.
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
:)ro)er and suEcient 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.< Fith 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, :'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.<
Fith regards to the Decree of June 0/, .88@, 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)
?I9 #,+A .08
FA,T#4 +A 8?9. '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 8?9. de;ned 'hat are ancestral
domains and ancestral lands.
2LD4 The vote 'as 9%9 'hich meant that validity 'as u)held. The
o)inion defending constitutionality held the follo'ing4 C.D 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.
C0D 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. C?D The limited right of management refers
to utili*ation as ex)ressly allo'ed in #ection 0, Article 6&&. CID Fhat 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
C.D the la' amounts to an abdication of state authority over a
signi;cant area of the countryLs )atrimonyB C0D it relin-uishes full
control of natural resources in favor of indigenous )eo)leB C?D 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
9
during the time of the #)anish occu)ationB 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.
*arlin ". Ra&ire'
9 Phil. I.
FA,T#4 Barlin a))ointed +amire* to administer ,hurch )ro)erty. Fhen
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 FA> Barlin should return the said )ro)ertyN
2LD4 Oes, 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
7 Phil. I/@
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. An January .@, .7@?, 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 $unici)ality of Tarlac. The +oman ,atholic ,hurch see(s to get
the )ro)erty bac(. The res)ondent said that the +,, only administered
the )ro)erty but does not o'n it because it belongs to the #tate.
&##!4 FA> the )ro)erty involved belonged to the #tate.
2LD4 >o, it belongs to the ,hurch. As it 'as held in Barlin v. +amire*,
even though the )ro)erty is administered by the #)anish government
it belonged to the +,, and therefore )rivate )ro)erty. &t could not have
been )art of the lands ceded to the !.#. by #)ain. And because it is not
)art of the )ro)erty ceded, it is not a )ro)erty of the #tate and cannot
by conveyed by it.
Friar lands 'ere also an exce)tion to the +egalian Doctrine because they are
)rivate lands at the time #)ain ceded to the !nited #tates the Phili))ine
&slands and by the time they 'ere )urchased by the government they 'ere
)atrimonial )ro)erty.
.
II. Lands o# the P,lic Do&ain
.
Jacinto v. Director of Lands, I7 Phil. 8/?.
10
The term :)ublic lands< refer to such lands of the )ublic domain as are
sub3ect to alienation and dis)osal by the #tate in accordance 'ith
,ommon'ealth Act >o. .I., of the Public Land Act. &t does not include all
lands of government o'nershi), but only so much of said lands as are thro'n
o)en to )rivate a))ro)riation and settlement. Accordingly, :government
land< and :)ublic land< are not synonymous termsB the ;rst is more extensive
and embraces not only the second by also other lands of the government
already reserved to )ublic use or sub3ect to )rivate right.
0
GENERAL CLA&&I4ICATION O4 LAND& O4 THE *56LIC DO$AIN
As already set forth above, #ection ?, Article 6&& of the .789 ,onstitution
classi;es lands of the )ublic domain as C.D agricultural, C0D forest or timber,
C?D mineral and CID national )ar(s. The classi;cation is descri)tive of the legal
nature of the land and not of 'hat it loo(s li(e. Furthermore, under #ection 0,
Article 6&&, alienable lands of the )ublic domain under the ,onstitution are
limited only to agricultural lands.
This is re5ected in #ection J of ,ommon'ealth Act >o. .I. of the Public Land
Act. Fhile the Public Land Act generally deals only 'ith alienable lands of the
)ublic domain,
?
it nonetheless )rovides the follo'ing s)eci;c )rovision4
#,T&A> J. 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 P
CaD Alienable or dis)osable,
CbD Timber, and
CcD $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,
I
the #u)reme ,ourt,
a))lying the foregoing )rovision, ruled that :the classi;cation 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 classi;cation, the lands remain as
unclassi;ed 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.<
0
>A+,&#A PQA, P2&L&PP&> LAF A> >AT!+AL +#A!+,# .9 C.779D. Rhereinafter PQA, >AT!+AL
+#A!+,#S.
?
&ee #ection 0 of the Public Land Act.
I
.07 #,+A J87
11
#uch classi;cations, 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 classi;cation. &n Repuli! v. Court o7 Appeals,
J
:the
,ourt feels that the rights over the land are indivisible and that the land itself
cannot be half agricultural and half mineral. The classi;cation 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,
9
that the
classi;cation 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 classi;cation has been changed must be able to sho' the )ositive act of
the President indicating such )ositive act.
Director o# Lands ". A-ino
.70 #,+A 07J
FA,T#4 Abra industrial ,or)oration sought to register a :limestone%rich
9@ hectar land in Bucay, Abra JJ 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 :oMered no ob3ection to exclude
the same area from the forest reserve.< The Director Lands contends
such ruling as incorrect.
&##!4 FA> 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 classi;cation of lands is )rivilege given only
to the President. Fithout any )ositive act from him, a land cannot be
classi;ed nor re%classi;ed.&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$$eals
0.. #,+A 8J7
FA,T#4 +es)ondents tried to register a certain )arcel of land. They
have used the said land for raising livestoc( for many years. The
government o))osed stating the land is classi;ed as a forest land.
&##!4 FA> the registration )ro)er.
2LD4 >o. The )o'er to classify lands of )ublic domain resides in the
executive de)artment. And if there is )roof the executive de)artment
/
B+>A#, ,A$$>TA+O supra note .?, at ..I/.
J
.J@ #,+A 008 C.788D.
9
=.+. >o. ?.J88, December .9, .77@.
12
that such land is classi;ed as a forest land therefore the burden of
)roof is u)on the a))licant to sho' that the involved land is already
classi;ed as alienable. &n the )resent case, the a))licant failed to sho'
such )roof. The ,ourt also held that the 'ord :timber< land in the
Public Land Act is the same as :forest< land in the ,onstitution. And
even if the land does not loo( li(e a forest it is still forest land as long
as it is classi;ed 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 J 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.
8
The eMect 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. .I., or
the Public Land Act. Passed into la' in .78?, 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'Ls coverage4
#,T&A> 0. The )rovisions of this Act shall a))ly to the lands of
the )ublic domainB 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
Gfriar landsG 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.
8
&ee Title K of the Public Land Act.
13
xce)ted from the Act 'ere timber and mineral lands, 'hich 'ere to be
governed by s)ecial la's, as 'ell as :friar lands<
7
and those 'hich, being
)rivately o'ned, have reverted bac( to the government.
Friar lands, 'hich are diMerent from lands o'ned by the ,hurch, are those
lands of certain haciendas 'hich 'ere ac-uired by the government from
religious ordersTcor)orations or organi*ations in .7@0. 2o'ever, even though
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 7 of the Public Land Act, alienable and dis)osable lands of the
)ublic domain are further classi;ed as CaD Agricultural, CbD +esidential,
commercial, industrial, or for similar )roductive )ur)osesB CcD ducational,
charitable, or other similar )ur)osesB and CdD +eservations for to'n sites and
for )ublic and -uasi%)ublic uses.
#,T&A> 7. 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
classi;ed, according to the use or )ur)oses to 'hich such lands are
destined, as follo's4
CaD AgriculturalB
CbD +esidential, commercial, industrial, or for similar )roductive
)ur)osesB
CcD ducational, charitable, or other similar )ur)osesB
CdD +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 classi;cations
)rovided for in this section, and may, at any time and in a similar
manner, transfer lands from one class to another.
7
Friar lands, 'hich are diMerent from lands o'ned by the ,hurch, are those lands of
certain haciendas 'hich 'ere ac-uired by the government from religious
ordersTcor)orations or organi*ations in .7@0. 2o'ever, even though they 'ere bought by
the Phili))ine =overnment they are not considered )ublic lands CAct ..0@D.
.@
F2+A#, the said lands are not G)ublic landsG 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 CAct ..0@D.
..
,entral ,a)i* v. +amire*, =+ >o. I@?77, I@ Phil. 88? C.77@D.
14
&t should be stressed that 'hile #ection 7 classi;es 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 6&& of the ,onstitution as o)en to
alienation or dis)osition. The classi;cation under #ection 7, 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 classi;cation, all
of said lands are essentially agricultural lands 'hich may be alienated.
$ODE& O4 DI&*O&ITION O4 *56LIC LAND&
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. Ane claiming :)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 oEcially delimited and classi;ed 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
classi;cation, the land remains as unclassi;ed land until it is released
therefrom and rendered o)en to dis)osition.
.?
&n $enguito v. Repuli!,
.I
it
'as held that unless )ublic land is sho'n to have been reclassi;ed 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
./
C.D For homestead settlementB
C0D By saleB
C?D By leaseB
CID By con;rmation of im)erfect or incom)lete titles4
CaD By 3udicial legali*ationB
CbD By administrative legali*ation Cfree )atentD.
.0
A=,AA&L&, >AT!+AL +#A!+,# supra note ./, at .7.
.?
A=,AA&L&, >AT!+AL +#A!+,# supra note ./, at 0@.
.I
?I8 #,+A .08 C0@@@D.
./
#ection .., Public Land Act.
15
Homestead &ettlement
By homestead is meant the home, the house and the ad3oining land 'here
the head of the family d'ellsB the home farmB the ;xed residence of the head
of a family, 'ith the land and buildings surrounding the main house.
.J
Technically, and under the modern homestead la's, it is an arti;cial 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.
.9

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.
.8
&n order to be entitled to a land
grant, the a))licant is re-uired to cultivate and im)rove at least .T/ 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.
.7

#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 ;nal 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 oEcer charged 'ith that duty. ven 'ithout a
)atent, a )erfected homestead is a )ro)erty right in the fullest sense,
unaMected 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 certi;cate 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 certi;cate of title to be issued
in order that said grant may be sanctioned by the courts " an a))lication
therefore being suEcient under the Public Land Act.
0.
.J
Aliver v. #no'den, .8 Fla. 80/, I? Am. +e). ?88.
.9
Buc(ingham v. Buc(ingham, 8 $ich. 87, I/ >.F. /@I.
.8
#ection .0, Public Land Act. >ote, ho'ever, that under #ection ?, Article 6&& of the
,onstitution, :,iti*ens of the Phili))ines may lease not more than ;ve hundred hectares, or
ac-uire more than t'elve hectares thereof by )urchase, homestead or grant.<
.7
#ection .I, Id.
0@
A=,AA&L&, >AT!+AL +#A!+,#, supra note ./, at 0.%00.
0.
$esina v. #on*a, =.+. >o. L%.I900, $ay 0/, .7J@, .@8 Phil. 0/..
16
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 Cli(e homestead,
sales or free )atentD, the )atent is recorded and the corres)onding certi;cate
of title is issued to the granteeB 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 certi;cate of title shall become irrevocable and
indefeasible li(e a certi;cate issued in a registration )roceeding.
&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 certi;cate of title
issued by virtue of said )atent has the force and eMect of a Torrens title
issued through 3udicial registration )roceedings. This )rinci)le is a))licable to
certi;cates 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 .8 years of age or the head of a family, but not to
exceed t'elve hectares.
0I
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%;fth of the land
cultivated 'ithin ;ve 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%;fth of the land until the date of ;nal )ayment.
0J
&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 C.@D 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 eMect 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.
09
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
00
?9 #,+A ?IJ C.79.D.
0?
?7 #,+A J9J C.79.D.
0I
&upra note .?9.
0/

0J
#ections 00, 0J and 08, Public Land Act.
09
#ection 07, Id.
17
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 K& CLeaseD of
the Act.
08
Pursuant to #ection ?, Article 6&& 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.
07

&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 ;ve
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 suEcient 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 !on:rmation 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 -uali;cations and limitations set forth therein.
Thus, 'hen an a))licant conforms to all the re-uisites of con;rmation
)rescribed under the Public Land Act, he obtains the right to a grant 'ithout
the necessity of a certi;cate of title being issued. The a))lication for
con;rmation becomes a mere formality, the lac( of 'hich does not aMect the
legal suEciency 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
I8 Phil. I0I C.70/D
Petitioner #usi has been in o)en, continuous, adverse and )ublic
)ossession, )ersonally and through his )redecessors, of a certain
)arcel of land since .88@. Then the Director of Lands sold the said land
to the res)ondent by virtue of an a))lication for )urchase ;led on
August ./, .7.I. The court ruled that by the time the res)ondent ;led
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.
08
#ec. ??, Iid.
07
A=,AA&L&, >AT!+AL +#A!+,#, supra note ./, at 0I%0/.
?@
#ec. ?7, ,ommon'ealth Act >o. .I..
?.
2erico v. DA+, 7/ #,+A I?9 C.78@D.
18
,on;rmation of im)erfect title over alienable lands of the )ublic domain may
be achieved 3udicially, or through administrative con;rmation via the
issuance of free )atents.

i. 8udi!ial !on:rmation o7 imper7e!t title
The Public Land Act, and subse-uent amendments thereto,
?0
enumerate the
follo'ing re-uirements necessary for the 3udicial con;rmation of im)erfect
title4
C.D The land sought to be registered must form )art of the alienable and
dis)osable lands of the )ublic domain.
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. .@9?, 'hich amends #ection I8CbD and CcD of the Act4
:#ec. I. The )rovisions of #ection I8CbD and CcD, ,ha)ter K&&&, 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 :de claim of ac-uisition of
o'nershi), since June .0, .7I/.
Thus, lands classi;ed 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
6&& of the ,onstitution, limiting alienable and dis)osable )ublic lands only to
agricultural lands. The rule on con;rmation of im)erfect title does not a))ly
unless and until the land classi;ed as, say, a forest land is released in an
oEcial )roclamation to that eMect 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 actionB investigation re)orts of Bureau of Lands investigatorsB
and a legislative act or statute.
?I
2ence, the a))licant must secure a
certi;cation 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. ?890, 'hich amended
#ection I8 of the Public Land Act on .8 June .7JI, added a ne' sub%section
thereto 'hich recogni*ed the right of cultural minorities to see( 3udicial
con;rmation even over lands 'hich 'ere not considered alienable or
dis)osable. This right 'as limited by Presidential Decree >o. .@9? 'hich, as
earlier mentioned, reiterated that only alienable or dis)osable lands of the
)ublic domain may be the sub3ect of 3udicial con;rmation. >ot'ithstanding
the enactment of Presidential Decree >o. .@9?, ho'ever, the #u)reme ,ourt
32
+e)ublic Act >o. ?890, Presidential Decree >o. .@9?, +e)ublic Act 7.9J.
??
Brace'ell v. ,ourt of A))eals, ?0? #,+A .7? C0@@@D.
?I
+e)ublic v. ,ourt of A))eals and ,eni*a, ?70 #,+A .7@ C0@@0D.
?/
Director of Lands v. Buyco, 0.J #,+A 98 C.77.D.
19
aErmed in Repuli! v. Court o7 Appeals
?J
that members of cultural minorities
'ere entitled to a))ly for 3udicial con;rmation bet'een .8 June .7JI through
the enactment of +e)ublic Act >o. ?890, until 0/ January .799 'hen
Presidential Decree >o. .@9? 'as issued.
Fhile 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 con;rmation
)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 ;ling of the
a))lication for registration of title, and not for the entire )eriod of )ossession.
Repuli! v. Court o7 Appeals and Naguit4
?9
:U the )hrase :since June .0, .7I/< -uali;es its antecedent
)hrase :under a bona ;de 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 :already
alienable and dis)osable at the time the a))lication for
registration of title is ;led.< &n other 'ords, it is not necessary
that the land be ;rst classi;ed as bona ;de claim of o'nershi)
could start. :&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)ertyB
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 classi;ed 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.<
?8
C0D 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 .7I/
Aliens are barred from a))lying for the bene;ts of ,ha)ter K&&& of
,ommon'ealth Act .I. 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,
?7
a
,hinese national 'as denied from a))lying for 3udicial con;rmation 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,
?J
+e)ublic v. ,ourt of A))eals, =.+. >o. I8?09, August 0., .77..
?9
=.+. >o. .II@/9, January .9, 0@@/, II8 #,+A II0
?8
A=,AA&L&, P+AP+TO +=&#T+AT&A> D,+ supra note .0., at 90.
?7
9/ Phil. 87@ C.7IJD.
20
cor)orations are also )rohibited from a))lying for 3udicial con;rmation of
im)erfect title over )ublic lands. The exce)tion to this rule, ho'ever, is found
in the case of &usi v. Ra2o'
I@
'here the #u)reme ,ourt allo'ed a Fili)ino
cor)oration to a))ly for 3udicial con;rmation. 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)orationLs )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.
I.
&t must also be underscored that ac-uisition of alienable and dis)osable lands
of the )ublic domain through 3udicial con;rmation 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.
C?D The a))lication must be ;led before ?. December 0@0@.
!nder the original )rovisions of the Public Land Act, actions for 3udicial
con;rmation 'ere only allo'ed until ?. December .7?8. #ubse-uent enacts
extended this )eriod until the most recent legislation, 'hich sets the deadline
at 0. December 0@0@ C+e)ublic Act >o. 7.9JD. The ;ling 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 ;led 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.
I0

ii. administrative !on:rmation o7 imper7e!t title; 4ree *atents
!nder #ection II 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 C?@D years since I July
.7I/. &n lieu of continuous cultivation, it may be suEcient 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.
I?
The
land grant, conformably 'ith the ,onstitution, cannot exceed .0 hectares.
I@
I8 Phil. I0I C.70/D.
I.
Director of Lands v. &ntermediate A))ellate ,ourt and Acme Keneer V Ply'ood co., &nc.,
.IJ #,+A /@7 C.78JD.
I0
Director of Lands v. Danao, 7J #,+A .J. C.78@D.
I?
,.A. >o. .I., as amended by +.A. >o. 980, #ec. II.
21
&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 I, .7//, he shall also be entitled to a free )atent not exceeding .0
hectares..
II

#imilar to a))lications for 3udicial con;rmation of im)erfect title, all
a))lication for free )atents must be ;led before ?. December 0@0@, in
accordance 'ith +e)ublic Act >o. 7.9J. Also, the land sub3ect of )ossession
must, at least at the time of the a))lication, be classi;ed as alienable and
dis)osable land of the )ublic domain.
&pe!ial patents
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
:)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 Arder of
the President< and, in themselves, already )rovide for the reclassi;cation of
the land.
I/
#)ecial )atents may be granted to >on%,hristian Fili)inos
IJ
so long as the
#ecretary of Local =overnment has certi;ed that :the ma3ority of the non%
,hristian inhabitants of any given reservation have advanced suEciently in
civili*ation.< After 'hich, :the 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.
I9
#)ecial )atents involving lands sold under
the )rovisions of Article J@ and 9@ 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.
I8
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. 70J 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.
I7
Eman!ipation patents
manci)ation )atents are )atents issued )ursuant to Presidential Decree >os.
09 and 0JJ in furtherance of the governmentLs )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
II
,.A. >o. .I., as amended by +.A. >o. ?890, #ec. II.
I/
A=,AA&L&, >AT!+AL +#A!+,#, su)ra note ./, at //.
46
A$ADA D. AW!&>AC LA>D +=&#T+AT&A> A>D +LATD P+A,D&>=# .I7 C0@@D. Rhereinafter
AW!&>1, LA>D +=&#T+AT&A>S
I9
,.A. .I., #ec. 8I.
I8
&upra note .7?.
I7
AL!&>A, LA>D +=&#T+AT&A>, supra .7?, at ./@.
22
agricultural lands. 2o'ever, 'ith the enactment of +e)ublic Act >o. JJ/9, or
the ,om)rehensive Agrarian +eform La', the )rovisions of Presidential
Decree >os. 09 and 0JJ have generally been su)erseded.
/@
6. &ale or Lease o7 *uli! Lands 7or Residential' Commer!ial or Industrial
*urposes.
!nder ,ha)ter &6 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 diMerence, 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
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
classi;ed as4
a. Lands reclaimed by the =overnment by dredging, ;ling, 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 CJD months, and com)lete such
im)rovements not later than .8 months from the date of the
a'ard.
b. The )urchaser shall )ay the )urchase )rice of the land in ten
C.@D e-ual annual installments.
&n case of lease, the rental shall be ?X of the value of the land )lus .X of the
value of the im)rovements. very ten C.@D years, the land and im)rovements
shall be rea))raised but the rental shall not be increased by more than .@@X
every ten years.
The duration of the lease is 0/ years rene'able for another 0/ years at the
governmentLs o)tion.
!nder +.A. >o. 9?@ direct or negotiated sale of )ublic land may be resorted to
if4 CaD the a))licant has occu)ied the same and has in good faith built a
/@
&upra note 0@@.
23
residential house thereon 'here he lives, CbD he is not the o'ner of any
residential lot, and CcD 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 Faters of .8JJ is the ;rst 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.
Act >o. .J/I 'as enacted by the Phili))ine ,ommission on $ay .8, .7@9,
'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. 089I also (no'n as the Public Land Act, 'as a))roved by the
Phili))ine Legislature in >ov. 07, .7.7. &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 C.D classify lands of the
)ublic domain into alienable or dis)osable lands C0D declare 'hat lands are
o)en to dis)osition or concession and C?D 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 oEcially delimited and
classi;ed. The land must ;rst be declared not necessary for )ublic use before
allo'ing lease to )rivate )arties.
/0
,ommon'ealth Act >o. .I. 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.
.I. continues to be the general la' governing the classi;cation 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. 089I
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. 089I. The government could sell to )rivate
)arties only those agricultural lands for non%agricultural )ur)oses not
classi;ed as dis)osable lands of the )ublic domain.
/.
The #)anish La' of Faters of .8JJ, seb. /.
/0

Aat >o. 089I, secs. J, 9, 8, /J and /8.
24
#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
.7?/ , .79? as 'ell as in the .789 ,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.
#uch lands may also be sold or leased to -uali;ed )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 scienti;c 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,
25
)ublic -uarries, )ublic ;sh)onds, 'or(ingmenLs village and other
im)rovements for )ublic bene;t.
*re7erential Rig+ts o7 A!tual O!!upants
&f, before the delimitation and survey of a tract of )ublic land and before its
classi;cation 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@ daysL time in 'hich to ;le 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 -uali;ed 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
a. #ec. ..8. 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 ;ve 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 -uali;ed )ersons, associations, or
cor)orations.
>o alienation, transfer, or conveyance of any homestead after ;ve
years and before t'enty%;ve 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. ..7. 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 ;ve years
from the date of the conveyance.
c. #ec. .0@. ,onveyance and encumbrance made by )ersons belonging
to the so%called Gnon%,hristian Fili)inosG 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.
26
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 .0I 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 bindingB Provided, That no ;nal decision of
reversion of such land to the #tate has been rendered by a courtB And
Provided, further, That such ac-uisition is a))roved by the #ecretary of
>atural +esources 'ithin six CJD months from the eMectivity 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 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 I.7 of the ,ivil ,ode )rovides that the follo'ing are )ro)erties of
)ublic dominion4
/?
A=,AA&L&, >AT!+AL +#A!+,# supra note ./, at ?@.
27
CaD 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 characterB
CbD 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 Fater ,ode of the Phili))ines, the follo'ing
belong to the #tate as 'ell4 C.D rivers and their natural bedsB C0D continuous
or intermittent 'aters of s)rings and broo(s running in their natural beds and
the bed themselvesB C?D natural la(es and lagoonsB CID all other categories of
surface 'aters such as 'ater 5o'ing over lands, 'ater from rainfall 'hether
natural, or arti;cial, and 'ater form agriculture run%oM, see)age and
drainageB C/D atmos)heric 'aterB CJD subterranean or ground 'aters andB C9D
sea'ater.
Article J of the same ,ode )rovides that even the follo'ing 'aters found in
)rivate lands belong to the state4 C.D continuous or intermittent 'aters rising
on such landsB C0D la(es and lagoons naturally occurring on such landsB C?D
rain 'ater falling on such landsB CID subterranean or ground 'aters andB C/D
'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.
/I
The fact that the dis)uted land
:is not thic(ly forested< and, in any event, it has been in the actual
)ossession of many )ersons for many years, it 'as already :)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
classi;cation. Furthermore, the mere fact that a tract of land has trees u)on it
or has mineral 'ithin it is not of itself suEcient 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.
//
/I
>aguit, =.+. >o. .II@/9, January .9, 0@@/.
28
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.
/J
Possession
thereof, ho'ever long, cannot convert it into )rivate )ro)erty.
An!ron ". Go"ern&ent o# the Phili$$ines
I@ 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.
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 horsesB
That the a))licant no' has some one hundred ;fty C./@D hills of hem),
some eight thousand C8,@@@D cocoanut trees, a d'elling house, various
laborersH -uarters, store%building, large camarin Cstorehouse 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 C?7 Phil. +e).,
/J@D. 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.
..I8 in relation 'ith section .80@ of Act >o. 09.. Csecond
Administrative ,odeD. #ection ? of Act >o. ..I8 )rovides that Gthe
)ublic forests shall include all unreserved lands covered 'ith trees of
'hatever age.G #aid section .80@ CAct >o. 09..D )rovides that Gfor the
)ur)ose of this cha)ter H)ublic forestH 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.G
2LD4 Paragra)h J of section /I of Act >o. 70J only )ermits the
registration, under the conditions therein mentioned, of G)ublic
agricultural lands.G &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
//
An(ron v. =overnment of the Phili))ine &slands, =.+. >o. .I0.?, Aug. 0?, .7.7, I@ Phil.
.@.
/J
+e)ublic v. ,ourt of A))eals and Lastimado, 87 #,+A JI8 C.797DB Director of Lands v.
Aban*ado, J/ #,+A / C.79/DB Bureau of Forestry v. ,ourt of A))eals and =allo, ./? #,+A
?/. C.789D.
29
)ublic mineral land, the )etition for registration must be denied. $any
de;nitions have been given for Gagricultural,G Gforestry,G and GmineralG
lands. These de;nitions 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 I, 8, and 0@ of Act >o. ..I8,
de;ne 'hat shall be considered forestry lands, to the end that the
)eo)le of the Phili))ine &slands shall be guaranteed in Gthe future a
continued su))ly of valuable timber and other forest )roducts.G C#ec.
8, Act >o. ..I8.D &f the Bureau of Forestry should accurately and
de;nitely de;ne '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 Csu)raD, the Attorney%
=eneral admitted in eMect 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
suEcient 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. Fhile, as 'e have 3ust said,
many de;nitions have been given for Gagriculture,G Gforestry,G and
GmineralG lands, and that in each case it is a -uestion of fact, 'e thin(
it is safe to 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. C#ec. 9, Act >o. ..I8.D &t
is not suEcient to sho' that there exists some trees u)on the land or
that it bears some mineral. Land may be classi;ed as forestry or
mineral today, and, by reason of the exhaustion of the timber or
mineral, be classi;ed as agricultural land tomorro'. And vice%versa, by
reason of the ra)id gro'th of timber or the discovery of valuable
minerals, lands classi;ed as agricultural today may be diMerently
classi;ed 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. Fhatever 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 :an area drained by a river and its tributaries and enclosed by
a boundary or divide 'hich se)arates it from ad3acent 'atersheds.<
/9
Protection of the 'atersheds is an :inter%generational res)onsibility<.
Fatershed reservation is not susce)tible of occu)ancy, dis)osition,
conveyance or alienation.
/8
$angrove s<amps
/9
#ta. +osa Develo)ment ,or)oration v. ,ourt of A))eals, ?J9 #,+A .9/ C0@@.D.
/8
,ollado v. ,ourt of A))eals, =.+. >o. .@99JI, Act. I, 0@@0, ?7@ #,+A ?I?.
30
#ection I of the Phili))ine Fisheries ,ode de;nes mangroves as :a
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.
/7
$ineral lands
D>+ de;nes mineral land as :any area 'here mineral resources are found<
and mineral resources as :any concentration of mineral Troc(s 'ith )otential
economic value.<
J@
A'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.
J.
National parks
Lands reserved for a national )ar(, as 'ell as those 'ithin the )rotected
areas under the >ational &ntegrated Protected Areas #ystem C>&PA#D Act, li(e
the Bataan >atural Par(, are inalienable are cannot be registered.
J0
$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!.,
J?
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 reclassi;ed and declared as dis)osable
and alienable )ublic land.
Foreshore lands and reclaimed lands
JI
&n Repuli! v. Court o7 Appeals and Repuli! Real Estate Corporation,
J/
:foreshore land< has been invariably de;ned as :that stri) of land that lies
bet'een the high and lo' 'ater mar(s and that is alternatively 'et and dry
according to the 5o' of the tide< or :that )art of the land ad3acent to the sea
'hich is alternatively covered by the ordinary 5o' of the tides.<
Re$,lic. ". Cort o# A$$eals
=.+. >o. .@?880, >ovember 0/, .778
/7
Director of Forestry v. Killareal, =.+. >o. L%?00JJ, Feb. 09, .787, .9@ #,+A /78.
J@
#ec ICa3D and CanD, D>+ Administrative Arder >o. 7/%7?J, as amended.
J.
+e)ublic v. ,ourt of A))eals and De la +osa, =.+. >o. L%I?7?8, A)ril ./, .78@, .J@
#,+A 008.
J0
,ham v. Pi*arro, A.,. >o. /I77, August .J, 0@@/.
J?
=.+. >o. ./J7/., #e)tem)ber 00, 0@@J.
JI
A#FALDA D. A=,AAL&, P+AP+TO +=&#T+AT&A> D,+ A>D +LATD LAF# CLA>D T&TL# A>D
DD#D 00/%0?/, C0@@J ed.D. Rhereinafter A=,AA&L&, P+AP+TO +=&#T+AT&A> D,+S
J/
077 #,+A .77 C.778D.
31
Facts4 +e)ublic Act >o. .877 CG+A .877GD, 'hich 'as a))roved on June
00, .7/9, 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, ;lling, 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 For(s and ,ommunications.
An $ay J, .7/8, invo(ing the a forecited )rovision of +A .877, the
Pasay ,ity ,ouncil )assed Ardinance >o. .0., for the reclamation of
Three 2undred C?@@D 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
Ardinance 'as amended on A)ril 0., .7/7 by Ardinance >o. ./8,
'hich authori*ed the +e)ublic +eal state ,or)oration CG++,GD to
reclaim foreshore lands of Pasay ,ity under certain terms and
conditions. ,ertain )ortions of the said lands are submerged lands
An A)ril 0I, .7/7, Pasay ,ity and ++, entered into an Agreement for
the reclamation of the foreshore lands in Pasay ,ity.
The +e)ublic of the Phili))ines ;led an Amended ,om)laint
-uestioning sub3ect Agreement bet'een Pasay ,ity and ++, Cxhibit
GPGD 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 .877 'ith regard to the )hrase :foreshore lands<
&ssue4 FA> the lands in dis)ute are considered :foreshore lands< and
cannot, therefore, be alienated
2LD4 The ,A ruled erroneously 'hen it o)inioned that under +A .877,
the term Gforeshore landsG 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
Gforeshore landsG, beyond the intentment of the la', and against the
recogni*ed legal connotation of Gforeshore landsG. Fell 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 Gforeshore landsG
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 5o' of the tide. CFords
and Phrases, GForeshoreGD
A stri) of land margining a body of 'ater Cas a la(e or streamDB the )art
of a seashore bet'een the lo'%'ater line usually at the sea'ard
32
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. CFebsterHs Third >e'
&nternational DictionaryD
The duty of the court is to inter)ret the enabling Act, +A .877. &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
Gforeshore lands.
&umerged lands
!ntil reclaimed from the sea, these submerged areas are, under the
,onstitution, :'aters. . . o'ned by the #tate< forming )art of the )ublic
domain and conse-uently inalienable. These areas, after reclamation, can be
classi;ed 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.
JJ
+e)ublic Act I8/@ 'as )assed on June 00, .7/9 'hich authori*ed the
reclamation of foreshore lands by chartered cities and munici)alities. An
January .., .79?, 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.
An February I, .799, Presidential Decree >o. .@8I 'as issued, creating the
Public states Authority CPAD 'hich 'as renamed as Phili))ine +eclamation
Authority in 0@@I. &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 Arder /0/ 'as issued on .797 'hich designated PA as the
national governmentLs im)lementing arm to underta(e :all reclamation
)ro3ects of the government< 'hich :shall 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 :integrating,
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 oEcial acts are needed before
reclaimed lands become alienable lands of )ublic domain. First, there must be
a classi;cation that these lands are alienable or dis)osable and o)en to
dis)ositionB and second, there must be a declaration that these lands are not
JJ
,have* v. Public states Authority, ?8I #,+A ./0.
33
needed for )ublic service. Absent these t'o oEcial 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
PALs )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 $ay J, 0@@? +esolution, the court clari;ed that :reclaimed
lands of the )ublic domain if sold or transferred to a )ublic or munici)al
cor)oration for a monetary consideration become )atrimonial )ro)ertyURandS
may be soldUto )rivate )ro)erties, 'hether Fili)ino citi*ens or -uali;ed
cor)orations.<
J9
Lakes
+e)ublic Act >o. I8/@ )rescribes that lands located at and belo' the
maximum la(e level of elevation of the Laguna de Bay are )ublic lands 'hich
form )art of the bed of the said la(e.
J8
Areas forming )art of the Laguna de
Bay are neither agricultural nor dis)osable lands of the )ublic domain.
Navigale rivers
&f the land forms )art of the bed of a navigable stream, cree( or river, the
decree and title in the name of the a))licants 'ould not give them any right
or title to it. Li(e the rest of the non%dis)osable )ro)erties, a land registration
court has no 3urisdiction over navigable rivers and cannot validly ad3udge the
registration of title thereof in favor of a )rivate a))licant. A'nershi) of a
navigable stream may not be ac-uired under a free )atent and the issuance
of the corres)onding certi;cate of title does not change its )ublic character.
J7
&t is )art of )ublic )ro)erty and cannot be ac-uired by adverse )ossession.
9@
Creeks
A cree( has been de;ned as a recess or arm extending from a river and
)artici)ating in the ebb and 5o' of the sea. !nder the ,ivil ,ode, a cree(,
including its natural bed, is )ro)erty of the )ublic domain 'hich is not
susce)tible to )rivate a))ro)riation and ac-uisitive )rescri)tion.
9.
&t is only
after the government has declared the land to be alienable and dis)osable
agricultural land that the year of entry, cultivation and exclusive and adverse
)ossession can be counted for )ur)oses of an im)erfect title.
90
J9
B+>A#, P+&$+, supra note .. at I/9.
J8
#ec. I., )ar. .., +e)ublic Act >o. I8/@, 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.
J7
$ateo v. $oreno, =.+. >o. L%0.@0I, July 08, .7J7, 08 #,+A 97J.
9@
Lovina v. $oreno, =.+. >o. L%.980., >ovember 07, .7J?, 7 #,+A //9.
9.
An Act to ordain and institute the ,ivil ,ode of the Phili))ines R,ivil ,odeS arts. I0@C.D
and /@0C.D.
90
,elestial v. ,acho)ero, =.+. >o. .I0/7/, Actober ./, 0@@?.
34
,onstructions of a cree( 'hich )revent the 'ater from 5o'ing or convert it
into a ;sh)ond do not alter the nature of the cree( as a )ublic )ro)erty.
9?
Reservation 7or puli! and semi?puli! purposes
The Public Land Act )rescribes that a tract or trac(s of land of the )ublic
domain may be designated by the President as reservations for the use of the
+e)ublic of the Phili))ines or of any of its branches, or of the inhabitants
thereof, in accordance 'ith the regulations )rescribed for this )ur)ose. !ntil
again declared alienable by the President, under #ection 8? of
,ommon'ealth Act >o. .I. or by )roclamation, these lands remain )art of
the )ubic domain and shall not be sub3ect to dis)osition.
The President may li(e'ise reserve other lands, the use of 'hich is not
other'ise declared by la', for settlement or )ublic use. 2e shall also have
the )o'er to reserve from sale or dis)osition any land belonging to the
)rivate domain of the government, or any of the friar lands, the use of 'hich
is not other'ise declared by la'. These lands shall thereafter remain directed
to the )ublic use designated by the President.
9I
Pursuant to #ection 7 of the Public Land Act, the President, u)on
recommendation of the #ecretary of nvironment and >atural +esources,
:shall from time to time ma(e the classi;cation )rovided for in this section,
and may, at any time and in a similar manner, transfer lands from one class
to another.<
9/
>AT4 ,A> B +=&#T+D A>D B+A!=2T F&T2&> T2 P!+K&F AF PD./07
Cconsistent 'ith the fact that technically, it is alienableD, B!T +=&#T+D &>
T2 >A$ AF T2 =AK+>$>T.
III. Pri"ate Lands
A. Distinction bet'een Lands of the Public Domain and Private Lands
According to #ection 9, Article 6&& of the .789 ,onstitution,
:#ec. 9 #ave in cases of hereditary succession, no )rivate lands
shall be transferred or conveyed exce)t to individuals,
cor)orations, or associations -uali;ed to ac-uire or hold lands of
the )ublic domain.
Aur 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
9?
$angaldan v. $anaoag, ?8 Phil. I// C.7.8D.
9I
#ection .I, ,ha)ter I, Boo( &&&, xecutive Arder >o. 070, other'ise (no'n as the
Administrative ,ode of .789.
9/
+e)ublic v. Actobre, .0? #,+A J78 C.7JJD.
35
land and )ro)erty la's of #)ain, i)so 3ure, too( eMect therein. This is the
+egalian Doctrine.
9J
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 C+eco)ilacion de las Leyes de
&ndiasD,
99
and became lands of )rivate o'nershi) or )rivate lands.
This transformation trans)ired once more during the American Accu)ation of
the Phili))ine &slands in .878, by 'ay of C.D #tate =rant " the 2omestead
PatentB C0D #ale " the #ales PatentB and C?D Administrative and Judicial
,on;rmation of &m)erfect title "the Free Patent. All Free Patent 'ere available
as they are no', under the Public Land Act.
98
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.
97
Therefore, )rivate land, may be as it has been, de;ned as :any 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.
8@
Pro)erty of )rivate o'nershi) includes C.D the )atrimonial
)ro)erty of the #tate, and C0D :)ro)erty belonging to )rivate )ersons, either
individually or collectively.<
8.
$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 -uali;ed :to
ac-uire or hold lands of the )ublic domain and sub3ect to the limitations
)rovided by la'.
80
*rivate propert% and patrimonial propert%
Private )ro)erty connotes o'nershi) of an :immovable< or real )ro)erty,
andTor a :movable< or )ersonal )ro)erty. As abovementioned, it s)eci;cally 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 C.D the :immovable< or )ro)erty 'hich consists )rinci)ally of landB C0D
those :movables< as the buildings, trees )lants, statues or other ob3ects
)laced on land that reveals the :intention to have them )ermanently
attached to the land<B and C?D the real rights over the immovable )ro)erty.
8?

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
9J
PiYero v. Director of Lands, /9 #,+A ?8J C.79ID.
99
$ontano v. &nsular =overnment, .0 Phil. /90 C.7@8D.
98
F&LA$A+, +AL #TAT LAF, supra note ., at .J8.
97
Id.
8@
B+>A#, P+&$+, supra note .., at IJ7.
8.
,&K&L ,AD, art. I0/.
80
F&LA$A+, +AL #TAT LAF, supra note ., at 8@.
8?
F&LA$A+, +AL #TAT LAF, supra note ., at .J7.
36
#tate, )rovinces, cities and munici)alities. These are )ro)erty of )ublic
dominion that are no longer intended or needed4 C.D for )ublic useB C0D for
)ublic serviceB or C?D for the develo)ment of national 'ealth. #ome of these
are rivers shores, ban(s, )orts fortresses, roads and street, )ar(s and
others.
8I
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.
8/
#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 ?I@ and ?I/ of the
#)anish ,ivil ,ode Cno' Articles I0. and I0/ of the ,ivil ,odeD.
8J
Friar lands are )atrimonial )ro)erty of the #tate under Act >o. ..0@ and
,ommon'ealth Act no. .I.. &n .7@J, the Phili))ine ,ommission headed by
=overnor Filliam 2. Taft )ro)osed the )urchase of Friar Lands, belonging to
the Dominica, Augustinian and +ecoletos $ission. The Phili))ine Bill of .7@0
authori*ed the )urchase of friar lands to be sold to actual occu)ants and
settlers. Accordingly, =overnor Taft )roceeded to +ome in .7@?, and
)urchased form the highest ecclesiastical authorities I.@,@@@ acres of Friar
Lands at Z9,0?@,@@@. #ometime in .7?8, the Phili))ine =overnment bought
another Friar Land, a :big run%do'n +iceland,< the Buenavista state, near
$anila at Z.,/@@,@@@ from #an Juan de Dios 2os)ital.
89
&n Cru2 v. &e!retar%'
88
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, 9%9. The o)inion defending
constitutionality held the follo'ing4 C.D 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
87
recogni*ed native title held
by Fili)inos from time immemorial and excluded from the conce)t of 3ura
regalia. C0D 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. C?D The limited right of management refers to utili*ation
as ex)ressly allo'ed in #ection 0, Article 6&&. CID Fhat 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.
An the other hand, the o)inion assailing the constitutionality of the la' held
the follo'ing4 C.D the la' amounts to abdication of the authority over a
8I
Id.
8/
A+T!+A $. TAL>T&>A, ,A$$>TA+&# V J!+&#P+!D>, A> T2 ,&K&L ,AD AF T2 P2&L&PP&>#,
KAL. && ?0 C.7J?D.
8J
Id. at ?I.
89
F&LA$A+, +AL #TAT LAF, supra note ., at .9@.
88
=.+. >o. .?/?8/, December J, 0@@@.
87
0.0 !.#. II7.
37
signi;cant area of the countryLs )atrimonyB C0D it relin-uishes full control of
natural resources in favor of indigenous )eo)leB C?D the la' contravenes the
)rovision 'hich says that all natural resources belong to the state.
Classi:!ation o7 private lands
The )hrase :)rivate lands< or :lands of )rivate o'nershi)< have been de;ned
in our 3uris)rudence as those lands of the )ublic domain4 C.D That are, or has
been in the )ossession of occu)ants and their )redecessors%in%interest since
time immemorial.
7@
C0D That had been a'arded to an a))licant 'ith CaD #ales
or 2omestead Patent under ,ommon'ealth Act >o. .I. C#ecs. .7%?0D, or Title
issued by virtue of the +oyal ,edula of Actober ./, .9/IB or CbD Free Patent
under ,ommon'ealth Act >o. .I. C#ecs. I9%/JDB CcD Title by ,om)osition 'ith
the #tate )ursuant to the $auraLs +oyal DecreedB CID Possessor &nformation
issued under the #)anish $ortgage La' of .87? after the com)osition or
con;rmation of im)erfect title held by the occu)ant 'ith claim of o'nershi).
Private lands may be classi;ed in the same manner as those of )ublic lands.
7.
B. ,onstitutional +estrictions
As a general rule, only the follo'ing may ac-uire )rivate lands )ursuant to
#ection 94
C.D Fili)ino citi*ens and
C0D ,or)orations or associations incor)orated in the Phili))ines, at
least J@X of 'hose ca)ital is o'ned by Fili)ino citi*ens as
de;ned in #ection 0.
E3!eption to t+e rule
2o'ever, by exce)tion the follo'ing may also ac-uire )rivate lands4
C.D Aliens, but only by hereditary succession.
C0D A natural%born citi*en of the Phili))ines 'ho has lost Phili))ine
citi*enshi) but only under the terms )rovided in #ection 8,
Article 6&& 'hich states that, :>ot'ithstanding the )rovisions of
#ection 9 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'.<
70

C?D Foreign states may ac-uire land but only for embassy and staM
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.
7?
Another 3uris)rudential exce)tion is 'hen an alien ac-uires
land by hereditary succession, such alien cannot renounce the right to inherit
7@
,ariYo v. &nsular =overnment, I. Phil. 7?J C.7@7D.
7.
F&LA$A+, +AL #TAT LAF supra note ., at .8I%.8/.
70
F&LA$A+, +AL #TAT LAF, supra note ., at I9@.
7?
... #,+A 9@I.
38
in favor of one 'ho is not -uali;ed.
7I
&n the case of $oss v. Director of lands,
the Ardinance a))ended to the .7?/ ,onstitution )rovided that until ;nal
'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 I, .7IJ.
7/
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.
7J
&n the case of
Arivenko v. Register o7 Deeds, the term :)rivate agricultural lands< meant
any )rivate land that 'as neither timber nor mineral land.
79
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-uali;ed from ac-uiring lands of the )ublic domain Csince the .7?/
,onstitutionD, aliens, 'hether individuals or cor)orations, 'ere also
dis-uali;ed 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.
78
xce)tion for former Fili)ino ,iti*ens4
:#ec. 8. >ot'ithstanding the )rovisions of sec. 9 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'.<
A .78. amendment to the .79? ,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. 8. The .789 )rovision, ho'ever, not longer contains the )hrase :for use
by him as residence.<
77

A 4ilipino !orporation !an a!9uire land
#ec. 9 of the .789 ,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 :hold< 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 CThe ,or)oration ,ode, Batas Pambansa J8D also has Fili)ino
7I
2alili v. ,ourt of A))eals, =.+. >o. ..?/?7, $arch .0, .778.
7/
8@ #,+A 0J7.
7J
B+>A#, ,A$$>TA+O, supra note .?, at ../9.
79
97 Phil. IJ..
78
B+>A#, ,A$$>TA+O, supra note .?, at ../8.
77
B+>A#, ,A$$>TA+O, supra note .?, at ..JJ.
.@@
Id. at ..J..
39
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. ?J to 'it4
:CgD 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 :)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 :)ublic land< 'as held to be e-uivalent to :)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, :government land< and :)ublic land< are not synonymous termsB
the ;rst 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 M4
.@?
C.D Anly 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.
C0D Anly )ublic cor)orations and -uali;ed individuals may ac-uire
alienable lands of the )ublic domain. ,or)orations can hold
alienable land of the )ublic domain only by lease.
C?D Private cor)orations are allo'ed to lease no more than one
thousand hectares.
CID 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. .I. )rovides that the ac-uisition of )ublic
agricultural lands by )urchase is governed by ,ha)ter K C#aleD. 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
.@I
'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
.@.
The ,or)oration ,ode, [?J, \ g
.@0
&upra note ?@.
.@?
B+>A#, ,A$$>TA+O, supra note .?, at ..I/%..IJ.
.@I
P2&L. ,A>#T. art. .0, [ ?
40
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%;fth of the land cultivated 'ithin ;ve 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%;fth of the land until
the date of ;nal )ayment.
.@/
.ri"en!o ". Register o# Deeds o# +anila
97 Phil. IJ.
FA,T#4 1riven(o bought a residential lot from $agdalena state, &nc., in
December of .7I., the registration of 'Tc 'as interru)ted by the 'ar.
&n $ay .7I/, 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 .7?/ ,onstitution classi;ed lands namely as agricultural,
timber and mineral since this 'as the basic classi;cation existing in
la's and 3uris)rudence at that time. The )hrase :)ublic agricultural
lands< includes residential lot V 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 :)ublic agricultural lands<.
Director o# Lands ". Lood
.0I #,+A IJ@
FA,T#4 Wue*on ,ity Develo)ment V Financing ,or) ;led an a))lication
'ith the ,F& of +i*al, see(ing the registration of title under Act. I7J,
claiming to be the o'ner in fee sim)le of a )arcel of land in Taytay,
+i*al. The Director of Lands, ;led an o))osition, on the ground that the
a))licant has no suEcient 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 .?, .87I. 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-uali;ed 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 con;rmation, does not oMend 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 de;ne
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
.@/
Public Land Act, [ 00, 0J V 08
41
'ell illustrated by 'hat actually too( )lace in the Phili))ines after its
discovery by $agellan in ./0.. &t 'as held by the discovery and con-uest of
the entire Phili))ine territory became the exclusive )atrimony and dominion
of the #)anish ,ro'n. Fith this as basis, the #)anish government began to
handle the direct distribution of )ublic lands to settlers, vassals and other
)eo)le by the issuance of royal grants and concessions in varied forms.
&t seems but only logical that tile to land must emanate from some source for
it cannot 3ust issue forth from no'here. And consistent 'ith the general
tendency observed in diMerent countries, the government or head of state is
vested 'ith such )o'er to ma(e )ublic land grants according to existing
statutes.
Re$,lic ". Lee
.79 #,+A .?
FA,T#4 An June 07, .79J, Lee ;led 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, ;led 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 con;rming the
title of the a))licants over the said )arcel of land )ursuant to the Land
+egistration La'.
&##!4 FA> )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 0J, .87I or )rior
thereto.
C.D Ac-uisition by Public =rant
.@J
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)eci;ed therein. These lands so distributed became
ultimately the )ro)erty of the distributees.
&n, Aureus v. &e!retar% o7 Agri!ulture B Commer!e,
.@9
it 'as held that the
mere ;ling 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
oEcer concerned to grant his a))lication. &f it does, the Director of Lands or
.@J
PQA, +=&#T+AT&A> AF LA>D, supra note .77, at ./.
.@9
8/ Phil. ..
42
the #ecretary of Agriculture, 'ill be a mere robot of every such a))licant. &t is
discretionary in the said oEcials to grant or not to grant such a))lication.
Fhile in Lu2uriaga v. Dire!tor o7 Lands,
.@8
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. Ane 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.
.@7
*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 eMect to the transfer, a deed of
conveyance must be executed to be follo'ed by its registration at the
+egistry of Deeds.
..@
C0D 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
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)
..I
must be in the conce)t of o'ners, adverse, )ublic
and )eaceful.
../
Ac-uisitive )rescri)tion is either ordinary or extraordinary.
..J
The la' ;xes ten C.@D years by ordinary )rescri)tion, that is, 'ithout need of
.@8
0I Phil. .7?.
.@7
PQA, +=&#T+AT&A> AF LA>D, supra note .77, at .J.
..@
Id. at .9.
...
,&K&L ,AD, art. ..@J.
..0
F&LA$A+, +AL #TAT LAF, supra note ., at /?.
..?
,&K&L ,AD, art. ...?.
..I
&upra note 0IJ.
../
>ABLJA#, +=&#T+AT&A>, supra note ?, at .9.
..J
D#&D+&A P. J!+ADA, ,A$$>T# A>D J!+&#P+!D>, A> ABL&=AT&A># A>D ,A>T+A,T# J/? C9
th
rev. ed, .78@D. Rhereinafter J!+ADA, ABL&=AT&A># A>D ,A>T+A,T#S.
43
title and good faith,
..9
and thirty C?@D years by extraordinary )rescri)tion,
'ithout need of title and good faith.
..8

For ordinary )rescri)tion, the follo'ing re-uisites must concur4 C.D ,a)acity to
ac-uire by )rescri)tionB C0D the ob3ect must be susce)tible of )rescri)tionB C?D
The )ossession must be in conce)t of o'ner, )ublic, )eaceful, continuous and
uninterru)tedB CID The )ossession must be in good faithB C/D The )ossession
must be by virtue of a 3ust titleB and CJD The )eriod of )ossession must be I
years if the ob3ect is movable or ten years if it is immovable.
&n extraordinary ac-uisitive )rescri)tion, the follo'ing must concur4 C.D
,a)acity to ac-uire by )rescri)tionB C0D The ob3ect must be susce)tible of
)rescri)tionB C?D The )ossession must be in the conce)t of o'ner, )ublic,
)eaceful, continuous, and uninterru)tedB and CID The )eriod of )ossession
must be 8 years if the ob3ect is movable or ?@ years if it is immovable.
..7
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 5a' '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 C.D &t
must be 3ustB C0D it must be trueB C?D it must be validB CID 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 claim of o'nershi) of all is a constructive )ossession of all, if
the remainder is not in the adverse )ossession of another.
.0I
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 C.D 'hen they are ;led
before the court, C0D 'hen there is a 'ritten extra%3udicial demand by the
creditors, and C?D 'hen there is any 'ritten ac(no'ledgment of the debt by
the debtor.
.0J
Fith such conversion, )ro)erty may no' fall 'ithin the
contem)lation of :)rivate lands< under #ection .IC0D, and may be registered
..9
,&K&L ,AD, art. ..?9.
..8
,&K&L ,AD, art. .I7J.
..7
J!+ADA, ABL&=AT&A># A>D ,A>T+A,T#, supra note 0/J, at J/J%J/9.
.0@
,&K&L ,AD, art. ..09.
.0.
J!+ADA, ABL&=AT&A># A>D ,A>T+A,T#, supra note 0/J, at J/9.
.00
,&K&L ,AD, art. ..07.
.0?
,&K&L ,AD, arts. ...9, ..?@%..?..
.0I
+amos v. Director of Lands, ?7 Phil .9/ C.7.8D.
.0/
J!+ADA, ABL&=AT&A># A>D ,A>T+A,T#, supra note 0/J, at J/9.
.0J
,&K&L ,AD, A+T. ..//.
44
even if the )ossession commenced on a date later than the date of
enactment of the Pro)erty +egistration Decree.
.09

#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 .IC0D of the Decree 'hich governs
and authori*es the a))lication of :those 'ho have ac-uired o'nershi) of
)rivate lands by )rescri)tion under the )rovisions of existing la's.< Fhile 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 .I C0D 'hich
s)eci;cally allo's -uali;ed 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.
.08
2o'ever, a )ro)erty registered under the )rovisions of P.D. ./07 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.
.07
$oreover, it 'as held that :a )ersonLs )ossession of a )arcel of land covered
by a T,T cannot render nugatory the right of the holders of a certi;cate 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 eMect 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.
.?.

For )ur)oses of )rescri)tive )ossession, there is 3ust title CmodeD '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, namelyB CaD occu)ation,
CbD intellectual creation, CcD la', CdD donation, CeD succession Ctestate or
intestateD, CfD in conse-uence of certain contracts, by tradition, and CgD
)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
.09
=.+. >o. .II@/9, January .9, 0@@/.
.08
A=,AA&L&, P+AP+TO +=&#T+AT&A> D,+, supra note .0., at J/9.
.07
#imeona Barcelona, et al. v. 2ilarion Barcelon and the 2onorable ,ourt o A))eals, .@@
Phil. 0/. C.7/JD.
.?@
Ang, et al. v. #)s. ,abucos, ?/J #,+A 98J C0@@.D.
.?.
PQA, +=&#T+AT&A> AF LA>D T&TL#, supra note .77, at ./%.J.
.?0
,&K&L ,AD, art. 9.0.
45
)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.
.?I
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).
.?/

Fhile )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.
.?J
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.
.?9
Laches should not be confused 'ith )rescri)tion. Laches is diMerent from, and
a))lies inde)endently of, )rescri)tion. Fhile )rescri)tion is concerned 'ith
the fact of delay, laches is concerned 'ith the eMect of delay. Prescri)tion is a
matter of timeB 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
statutoryB laches is not. Laches a)llies in e-uity, 'hereas )rescri)tion a))lies
at la'. Prescri)tion is based on a ;xed timeB laches is not.
.?8
C?D Accretion
Accretion is the )rocess 'hereby the soil is de)osited.
.?7
&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.
.I@
Article I/9 of the ,ivil ,ode )rovides that :to the o'ners of lands ad3oining
the ban(s of rivers belong the accretion 'hich they gradually receive from
the eMects of the current of the 'aters.< As a mode of ac-uiring )ro)erty
.??
,&K&L ,AD, art. ..?8.
.?I
,&K&L ,AD, art. ..?J.
.?/
J!+ADA, ABL&=AT&A># A>D ,A>T+A,T#, supra note 0/J, at J/I.
.?J
>ABLJA#, +=&#T+AT&A>, supra note ?, at .7.
.?9
,&K&L ,AD, art. ...0.
.?8
2eirs of Batiof Lacamen v. 2eirs of Laman, J/ #,+A J@/ C.79/D.
.?7
>avarro v &ntermediate A))ellate ,ourt, =.+. >o. J8.JJ, February .0, .779.
.I@
PQA, +=&#T+AT&A> AF LA>D T&TL# , supra note .77, at ?7.
46
under Article I/9 of the ,ivil ,ode, there are three re-uisites 'hich must
concur before an accretion is said to have ta(en )lace4
CaD The accumulation of soil or sediment must be gradual and
im)erce)tibleB
CbD That it be made through the eMects of the current of the 'aterB
and
CcD That the land 'here accretion ta(es )lace is ad3acent to the
ban(s of the rivers.
.I.
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 eMects of the current 'aters.
.I0
Alluvion is the
soil de)osited on the estate fronting the river ban(.
.I?
&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.
.II
The
re-uirement that the de)osit should be due to the eMects of the current of
the river is indis)ensable. Alluvion must be the exclusive 'or( of nature.
.I/
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.
.IJ
There must be evidence to )rove that the addition to the )ro)erty 'as made
gradually through the eMects of the current of the river.
.I9
&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.
.I8
Acts of
)ossession exercised over bordering land are al'ays understood legally to
cover that )ortion added to the )ro)erty by accretion.
.I7
Ane must )rove his
claim by a )re)onderance of evidence.
./@
The fact that the accretion to oneLs land used to )ertain to anotherLs estate,
'hich is covered by a Torrens certi;cate 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 eMect 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 aMected by the Pro)erty +egistration Decree.
./.
.I.
>avarro, =.+. >o. J8.JJ.
.I0
PQA, +=&#T+AT&A> AF LA>D T&TL# , supra note .77, at ?/.
.I?
>avarro, =.+. >o. J8.JJ.
.II
PQA, +=&#T+AT&A> AF LA>D T&TL# , supra note .77, at ?/.
.I/
>ABLJA#, +=&#T+AT&A>, supra note ?, at .@7.
.IJ
+e)ublic v ,ourt of A))eals and Tancinco, =+ >o. L%J.JI9, Actober .0, .78I
.I9
>ABLJA#, supra note 08/.
.I8
2odges v =arcia, =.+. >o. L%.09?@, Aug. 00, .7J@.
.I7
,ortes v ,ity of $anila, =.+. >o. L%I@.0, $arch 0/, .7@8
./@
J/ ,.J.#. .8?
./.
2odges, =.+. >o. L%.09?@.
47
+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 suMers 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. A'nershi) of a
)iece of land is one thing, registration under the Torrens #ystem of o'nershi)
is another.
./I
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 $anagement
Bureau. !ntil a formal declaration on the )art of the =overnment, through the
executive de)artment or the legislature, to the eMect that land is no longer
needed for coast guard service, for )ublic use or for s)ecial industries, they
continue to be )art of the )ublic domain, not available for )rivate
a))ro)riation or o'nershi). The ad3oining registered o'ner of foreshore land
cannot claim o'nershi) thereof by right of accretion.
./J
CID +eclamation
./9
This method suggests the ;lling of submerged land by deliberate act and
reclaiming title thereto. &n the Phili))ines, there is no la', ex)ress or im)lied
'hich grants to o'ners of ad3acent u)land the right to ;ll the ad3acent land
under 'ater. +eclaimed lands may ho'ever, be declared by the government
as )ro)erty of the ad3oining o'ners and as such increment thereto only 'hen
it is no longer necessary for )ublic use. +eclamation )ro3ects may be
underta(en for the establishment of residential, commercial or industrial
sites, construction or extension of roads, 'harves or )iers, air;elds, )ar(s,
)laygrounds, )la*as, mar(et )laces, etc.
+e)ublic Act >o. 00JI, entitled :A> A,T A$>D&>= T2 LAF# =AK+>&>=
LA,AL =AK+>$>T# BO ,+AT&>= T2&+ A!TA>A$O A>D +A+=A>&]&>=
P+AK&>,&AL =AK+>$>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
./0
=overnment of the Phili))ines v. Aba3a, /0 Phil. 0J. C.708D.
./?
,ortes, =.+. >o. L%I@.0.
./I
=rande v. ,ourt of A))eals, =.+. >o. L%.9J/0 C.7J0D
.//
,ureg v. &ntermediate A))ellate ,ourt, =+ >o. 9?IJ/, #e)tember 9, .787
./J
&gnacio v. Director of Lands, =+. >o. L%.07/8, $ay ?@, .7J@.
./9
>ABLJA#, +=&#T+AT&A>, supra note ?, at I0.
48
governments to underta(e and carry out :any )ublic 'or(s )ro3ects.< This
vie' is grounded on #ection .0 of said Act.
./8
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. 00JI to local governments.
!nder +.A. .877, 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, ;lling, 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 For(s and 2igh'ays. Any and all such lands reclaimed
'ill become )ro)erty of the res)ective munici)alities and chartered citiesB but
the ne' foreshore along the reclaimed areas shall continue to become
)ro)erty of the >ational =overnment.
C/D Koluntary 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
eMect by the voluntary execution of deed of conveyance in certain )rescribed
form, com)leted by the recording or registration thereof in a )ublic oEce. 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 aMect 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.
./7
Filamore called this transfer Tradition. Tradition is the act of delivering the
thing sold to the buyer or vendee by CaD turning over material )ossession of
the thing sold, or CbD symbolic transfer of o'nershi) thereof.
.J@
The former
transfers actual and )hysical control over the buyer, 'hile the other is done
by executing a )ublic instrument. Filmore said that, according to $el-uiades
J. =amboa, the re-uisites of tradition are4 :C.D the transferor is the o'ner of
the )ro)erty transferred and has the ca)acity and intention to grantB C0D the
transferee has the ca)acity to ac-uire the )ro)ertyB C?D there is 3usta causa or
valid means of transfer such as the contract of sale, barter or legacyB and CID
./8
+.A. >o. 00JI, #ec. .0 )rovides that :the im)lied )o'er of a )rovince, a city or
munici)ality shall be liberally construed in its favor, and that any fair and reasonable doubt
as to the existence of the )o'er should be inter)reted in favor of the local government and
it shall be )resumed to exist.< &t also )rovided that the general 'elfare clause shall be
liberally inter)reted in case of doubt so as to give more )o'er to local governments in
)romoting the economic condition, social 'elfare and material )rogress of the )eo)le in
the community.<
./7
>ABLJA#, +=&#T+AT&A>, supra note ?, at 0@.
.J@
F&LA$A+, +AL #TAT LAF, supra note ., at /?.
49
the actual transfer of )ossession to the transferee is manifested by some
out'ard act.<
.J.
CJD &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 con;scated, sei*ed
or attached, and subse-uently sold at )ublic auction to the highest bidder.
Fe have the execution sale by the sheriM to satisfy a money 3udgment, the
tax sale to satisfy un)aid taxes and )enalties, the auction sale by a )ublic
oEcer 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.
.J0
C9D 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'.
.J?
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'B ac(no'ledged
natural children, and natural children by legal ;ction as 'ell as illegitimate
children.
.JI
Fhen 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.
.J/
!nder this system, his legitimate children and
descendants succeed him, follo'ed by his )arents, mother and father, 'ho
inherit in e-ual sharesB or 'hen they are both dead, the illegitimate children,
or ac(no'ledged natural children, the natural children by legal ;ction and
.J.
F&LA$A+, +AL #TAT LAF, supra note ., at /I.
.J0
>ABLJA#, +=&#T+AT&A>, supra note ?, at 077.
.J?
,&K&L ,AD, arts. 88I%7.I.
.JI
,&K&L ,AD, arts. 88J%889.
.J/
,&K&L ,AD, art. 7J8.
50
adulterous children succeed in this order. Finally, the #tate inherits 'hen the
ascendants and descendants of the testator do not exist.
.JJ
Professor =amboa summari*es the order of intestate succession, thus4 C.D
legitimate children and their descendantsB C0D legitimate )arents and
descendantsB C?D illegitimate children and their descendantsB CID surviving
s)ouse 'ithout )re3udice to the rights of brothers and sistersB C/D collateral
relatives 'ithin the ;fth C/thD degreeB and CJD the #tate.
.J9
&n Austria v. Re%es
.J8
the #u)reme ,ourt enunciated that testacy is favored
and doubts are resolved on the side, es)ecially 'here the 'ill evinces an
intention on the )art of the testator to dis)ose of )ractically his 'hole estate.
Furthermore, so com)elling is the )rinci)le that intestacy should be avoided
and the 'ishes of the testator allo'ed )revailing, that 'e could even vary the
language of the 'ill for the )ur)ose of giving it eMect.
#uccession by Devise
Ane succeeds by devise 'hen he ac-uires land from one 'ho may not be a
relative, if he is named by the latter in his last 'ill and testament to succeed
as such. ven a stranger may ac-uire title by devise if a))ro)riate
dis)osition has been made in his favor by the testator in the latterLs 'ill.
Fhere the heirs entitled 'ould so )refer, title to land under this method may
formally be transferred 'ithout )roceeding in court. !nder the )rovisions of
+ule 9I, #ection ., of the +ules of ,ourt, they may agree u)on an
extra3udicial settlement or )artition of the estate of the decedent, )rovided
there are no debts left by him 'hich remain unsettled.
.JJ
Arts. 7J?%.@.I, iid.
.J9
F&LA$A+, +AL #TAT LAF' supra note .7, at 0@I.
.J8
?. #,+A 9/I C.79@D.
51