Some Notes from Jus-ce
Agcaoili’s Presenta-on on Land
Tenure Laws
Jurisdiction
• Regional Trial Courts have exclusive jurisdiction over all
applications for registration, and all petitions filed after
original registration. (Sec. 2, PD 1529)
• But first level courts may also exercise jurisdiction – (a)
where the lot is not the subject of opposition; or (b) where
the lot is contested but the value thereof does not exceed
P100,000.
Purpose of the Torrens System of Registra8on
• T he real purpose of the Torrens system of registration is to
quiet title to land; to put a stop forever to any question of
the legality of the title, except claims which were noted at
the time of registration, in the certificate, or which may arise
subsequent thereto. (Legarda v. Saleeby, 31 Phil. 590)
• Registration is not a mode of acquiring ownership but is
merely a procedure to establish evidence of title over
realty.(Solid State v. CA, 196 SCRA 94)
Registration under the Property
Registration Decree
• Registra)on under Sec. 14(1), PD 1529
• “Those who by themselves or their predecessors-in-interest have been in open,
con8nuous, exclusive and notorious possession and occupa8on of alienable and
disposable lands of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.”
• Requirements:
• Land must already be classified as alienable and disposable (A and D) land at the
+me of the filing of the applica8on (Malabanan vs. Court of Appeals ( GR No.
179987, April 29, 2009).
• Possession and occupa8on must be open, con8nuous, exclusive and notorious
under a bona fide claim of ownership (OCENCO).
• Since June 12, 1945 or earlier.
• Registration under Sec. 14(2)
• “Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.” • Rule on
prescription:
• Ordinary prescription – 10 years in good faith •
Extraordinary prescription – 30 years regardless of good
faith or just title. (Art. 1137, CC)
• Lands of the public domain shall form part of the patrimonial
property of the State when there is a declaraWon that: •
These lands are alienable or disposable, and
• Are no longer intended for public use or public service or
for the development of the naWoinal wealth.
• Only when such lands have become patrimonial can the
prescripWve period for the acquisiWon of the property
begin to run. (Malabanan v. Republic, supra)
• Registration under Sec. 14(3)
• “Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under
the existing laws.”
• Ownership of abandoned river beds by right of accession: •
Under Article 461 of the Civil Code, river beds which are
abandoned through the natural change in the course of the
waters ipso facto belong to the owners whose lands are
occupied by the new course in proportion to the area lost. •
However, the owners of the adjoining lands shall have the right
to acquire the same by paying the value thereof.
Requisites for the application of Art. 461
• The change must be sudden in order that the old river may bed
iden)fied;
• The change of the course must be more or less permanent, and not
temporary overflooding of another’s land;
• The change of the river must be a natural one, i.e., caused by natural
forces (and not by ar)ficial means);
• There must be a definite abandonment by the government; and • The
river must con)nue to exist, i.e., it must not completely disappear.
Ownership by right of accretion
• Under Art. 457 of the Civil Code, the owners of lands adjoining the
banks of rivers belong the accretion which they gradually receive from
the effects of the current of the waters.
• In the absence of contrary evidence, the presumption is that the
change in the course of the river was gradual and caused by
accretion.
• Registration does not protect the riparian owner against the
diminution of his land through gradual changes in the course of the
river.
Requisites for the applica8on of Art 457
• That the deposit be gradual and impercepWble;
• That it be made through the effects of the current of the
water; and
• That the land where accreWon takes place is adjacent to
the banks of rivers.
• Note: The owner must register the accreWon under the
Torrens system, otherwise the alluvial property may be
subject to acquisiWon through prescrip1on by third persons.
(City Mayor of Parañaque v. Ebio, GR No. 178411, June 23,
2010; Grande v. CA, 5 SCRA 524)
• RegistraWon under Sec. 14(4)
“Those who have acquired ownership of land in any other manner
provided for by law.”
• IllustraWve cases
• In Republic, rep. by the Mindanao Medical Center v. Court of
Appeals, the Supreme Court held that Proclama6on No. 350 which
legally effected a land grant to the Mindanao Medical Center for
medical purposes was validly sufficient for ini6al registra6on under
the Land Registra6on Act.
• In Interna:onal Hardwood v. University of the Philippines, the President
issued Proclama6on No. 791 withdrawing from sale or seJlement, and
reserving for the UP College of Agriculture, a parcel of land of the
public domain for its experiment sta6on. Mean6me, RA 3990 reserved
the same area for UP’s research and extension func6ons, thereby
ceding and transferring to UP full ownership thereof.
Evidence of Ownership
• Land is A and D
• Certification of the DENR that land ha been released as A and D • Land
Classification (LC) Map showing that the land is within the A and D
portion of the public domain
• Executive proclamation withdrawing a specific portion from a reservation and
declaring same open for disposition.
• Legislative or executive proclamation reserving a portion of the public domain
for public or quasi-public use.
Evidence of ownership
• Land must be surveyed to establish its identity, location
and area.
• Only the LMB Director may approve survey plans for
original registration purposes.
• What defines a piece of land is not the area but the
boundaries thereof.
• A certified blue print or white print copy of the plan
suffices for registration purposes
Evidence of ownership
• Possession and occupaWon
• Possession must be under a claim of ownership. •
Acts of a possessory character by one who holds the
property by mere tolerance of the owner is not in the
concept of owner, and do not start the period of
prescripWon.
• Actual possession consists of acts of dominion of such a
nature as a party would naturally exercise over his own
property
• OccupaWon delimits the all-encompassing effect
of construcWve possession.
Evidence of ownership
• Tax declaraWons and tax receipts
• Tax declaraWons and tax receipts are not conclusive
evidence of ownership but they are a good indicia of
possession in the concept of owner. (Llanes v.
Republic, 572 SCA 258)
• When coupled with actual possession, payment of taxes is
evidence of great weight and can be the basis of a claim of
ownership through prescripWon. (Republic v. Alconaba,
427 SCRA 611)
• Taxes must be paid annually.
