D.Definition of Agricultural, Forest, Mineral and National Parks
LAND TITLE AND DEEDS underAtty. Erwin L. Tiamson
1. Classification describes the legal nature not the natural state of the land
Contents
a) Executive Department determines what are agricultural lands
I. COURSE OUTLINE -LAND CLASSIFICATION........... 1 II. ARTICLE XII SECTION 2-5 CONSTITUTION (MEMORIZE SEC.2 PAR 1 AND WHOLE OF 3)................... 2 III. CA 141 SECTION 1-5 (MEMORIZE 6-10) ....... 3 IV. PD 705 CHAPTER 2 (UNDERSTAND; READ THE REST IF YOU HAVE SPARE TIME) ............................. 4 V. DENR VS YAP; SACAY VS DENR.................................. 5 VI. RA 7942 MINING ACT OF 1995 .............................. 12 VII. RA 7586 NIPAS ......................................................... 12 VIII. RA 8391 IPRA ........................................................... 12 IX. DOJ OPINION REGARDING CLASSIFICATION
On Land Classification. In classifying lands, the state considers the physical features of the lands and the possible best use and utilization of the same as a natural resources. So the physical features of the land is an important consideration, PD No. 705 provides the criteria. However, once the land has been classified, it becomes a "legal object". Its categorization as agricultural land or forest land ceases
ANDART RECLASSIFICATION................................................... 13 X. 419-425 CIVIL CODE (MEMORIZE 419-422).... 13 XI. DISCUSSION GUIDE ON THE DIFFERENT TITLES TO LAND AND APPLICATION PROCESSES ................................................. 13 XII. Discussion Guide on Land Registration and the Torrens System ...................................................................... 18 XIII. FREE PATENT AMENDMENT ............................... 23 XIV. RESIDENTIAL FREE PATENT ........................... 24 XV. PD 2004 REMOVING RESTRICTIONS TO RA 730 24 XVI. CORPORATION AND TITLING .......................... 25 2. DIR OF LAND VS IAC, ACME GR 73002 ...........26 XVII. REP. VS TAN ......................................................... 33
to a physical features butThe a legal description itsbe"status" fordescription purposes of of itsdisposition. changes that of will happen to the natural features of the land does not affect the land's status as a "legal object" and will remain as such until re-classified again (transferred from one class to another) by the State. The function of classifying lands is an executive function (through the provisions of the public land act and the forestry code), however, re-classification function was reserved by congress (under sec. 4 of CARL). b) Cases
NOTE: STUDY MODES OF DISPOSITION OF PUBLIC LANDS, REGISTRABLE PRIVATE RIGH TS AND PROCESSES AND PROCED URES END NOTES: (IMPT LAWS; ADDITIONAL READINGS)
1.CA 141-------------------------------------------------------39 2.PD 705------------------------------------------------------51 3. RA 7942----------------------------------------------------53 4. RA 7586----------------------------------------------------65
c)
2. Agricultural Lands
5. RA1529-----------------------------------------------------77 8391----------------------------------------------------68 6.PD 7.RECONSTITUTION AND RE-ISSUANCE OF TITLE-97 8. MALABANAN VS REP-----------------------------------99
I.
(1) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989) (2) DENR vs Yap (G.R. No. 167707, October 08, 2008) Relate to Constitutional provision regarding the final forest line by Congress
1)
Early rulings (1) Suitability for agricultural use is the criteria (2) Court can make a determination (3) Cases (a) Jones vs. Insular Government (6 Phil.122) (b) Mapa vs. Insular Government (10 Phil.,1753, 1908) (c) Government of the Philippine Islands vs. Abella (49 Phil. 49) (d) Cornelio Ramos vs. Director of Lands, G.R. No. 13298 November19, 1918) (e) Ankron vs. Government of the Philippine Islands (G.R. No.14213. August 23, 1919) 2) Clarification in Director of Forestry vs.
COURSE OUTLINE -LAND CLASSIFICATION I. Land Classification
A. Definition – Land classification pertains to “classi fication of lands of the public domain as a natural resources” in relation to the “tenurial arrangements” that thestate gives to
grantees, holders and possessors of such land.
Villareal (G.R. No. L-32266 February 27, 1989). En Banc 3) Sub-Classification of Agricultural Lands (i) Section 9 of the Public Land Act (CA No. 141) (ii) Cases 1. de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909) (2) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947)
B. Distinguished from land use classification andzoning –
Land use classification is focus more on the regulation of the actual use of the land, it does not provide for the rules regarding tenure on the land. C. Constitutional provision
1) 1987 Constitution Article XII, Sections 2 and 3 2) Classes of lands of the public domain - in general a) Agricultural (CA No. 141) b) Forest or Timber (PD No. 705) c) Mineral (RA No. 7942) d) National Park (RA No. 7586) 3) Constitutional Limit on area for disposition 4) Land Classification in previous Constitutions
3. Forest Land a) Concept of Forest Zone/Reserves and Public Forest (1) Royal Decree of February 13, 1894 (2) Forest Act (3) Public Forest - difference between the Forest Act and PD No. 750 b) Criteria in the PD No. (Revised Forestry Code) Section 15 1
(b) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001)
4. Mineral Lands
a) Definition of Minerals –
Minerals, for legal purposes, refers to all naturally occurring inorganic substance in solid, gas, liquid or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.
c) Lands already registered by the Court as Private Lands
(1) Case: (a) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) Judicial Notice on Bureaucratic Constraints in Land Classification
b) Definition of Mineral Lands under the old Mining Act (CA No. 137) –
(1) Case: (a) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. (b) No. 127245.January 30, 2001)
those lands in which minerals exist in sufficient quantity or quality to justify the necessary expenditures to be incurred in extracting and utilizing such minerals c)
Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA No.7932) –
II. Institutional and Implementation Arrangements
any area where mineral resources are found d) In relatio – n to land titles A certificate of title is considered void when it covers property of public domain classified as mineral lands because possession of mineral lands, no matter how long does not confer possessory rights.
a) Under theThe Public Landsystem Act – of classification of lands was present introduced in 1919 through Act No. 2874 or the Second Public Land Act. This classification of lands was carried over to our present Public Land Act (Commonwealth Act No. 141) after Act No. 2874 was re-enacted, with some modification, under the Commonwealth Government. At present, the same is still retained under the same section and heading on classification, delimitation and survey of lands with the President through the Secretary of the Natural Resources Department classifying lands of the public domain for purposes of disposition.
Cases: (a) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929) (b) Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988) 5. National Parks
A. New Class – It was introduced only in the 1987 Constitution as a distinct and separate class of lands. National parks as a classification is implemented under Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment and Management of National Integrated Protected Areas System, Defining its Scope and Coverage for other Purposes)
b) Classification of land as an executive function– The determination of what is considered agricultural lands and forest lands are made by the natural resources department of the executive branch, in particular, its forestry arm, i.e. Bureau of Forestry, Forest Management Bureau. c) Section 4(a) of CARP (RA No. 6657) – The power of the executive department to transfer lands from one class to the other under has been removed by Congress. The power to reclassify lands from agricultural to some other class now is with the legislative branch providing that no reclassification of forest or mineral lands to agricultural lands shall be undertaken after until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain. DENR limited now to the classification of public forest.
B. Definition – a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. It is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use. (Section 4 par. (a) of RA No. 7586) 6. Exceptions to Land Classification
II. ARTICLE XII SECTION 2-5 CONSTITUTION (MEMORIZE SEC.2 PAR 1 AND WHOLE OF 3)
A. Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997."
a.
Cases: (a) Mateo Cariño vs. Insular Government (212 US 449) (b) Cruz vs. DENR Secretary (G.R. No. 135385. December 6, 2000)
Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or productionsharing agreements with Filipino citizens, or corporations or associations at least 60 per centum of whose capital is owned by
b) Lands declared by the courts as agricultural lands prior to the introduction of land classification
(1) Cases: (a) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792)
2
such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant.
CHAPTER I SHORT TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND OFFICERS CHARGED WITH ITS EXECUTION Section 1. The short title of this Act shall be "The Public Land Act.
The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
Section2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called "friar lands'' and those which, being privately owned, have reverted to or become the property of the Commonwealth of the Philippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.
Section3. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate control. Section4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to questions of fact shall be conclusive when approved by the Secretary of Agriculture and Commerce.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
Section5. The Director of Lands, with the approval of the Secretary of Agriculture and Commerce shall prepare and issue such forms, instructions, rules, and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions.
Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.
CHAPTER II CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE PUBLIC DOMAIN, FOR THE CONCESSION THEREOF
Section6. The President, upon the recommendation of the Secretary of Agriculture and Commerce, shall from time to time classify the lands of the public domain into— (a) Alienable or disposable; (b) Timber, and
Section 4. The Congress shall, as soon as possible, determine, by
law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.
(c) Mineral lands, and may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition. Section7. For the purposes of the administration and disposition of alienable or disposable public lands, the President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time to time declare what lands are open to disposition or concession under this Act.
Section 5. The State, subject to the provisions of this Constitution
and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.
Section8. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when practicable, surveyed, and which have not been reserved for public or quasi-public uses, nor appropriated by the Government, nor in any manner become private property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, having been reserved or appropriated, have ceased to be so However, the President may, for reasons of public interest, declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed, or may, for the same reason, suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by Act of the National Assembly.
The Congress may provide applicability customary laws governing property rightsforortherelations in ofdetermining the ownership and extent of ancestral domain.
III.
CA 141 SECTION 1-5 (MEMORIZE 6-10)
COMMONWEALTH ACT NO. 141i
AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN
Section9. For the purpose of their administration and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purposes to which such lands are destined, as follows:
TITLE I TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION 3
of the forest reserves, unless they are already covered by existing titles or approved public land application, or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code, where the occupant is qualified for a free patent under the Public Land Act: Provided, That said lands, which are not yet part of a wellestablished communities, shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided, further, That when public interest so requires, steps shall be taken to expropriate, cancel defective titles, reject public land application, or eject occupants thereof.
(a) Agricultural (b) Residential commercial industrial or for similar productive purposes (c) Educational, charitable, or other similar purposes (d) Reservations for town sites and for public and quasi-public uses. The President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time to time make the classifications provided for in this section, and may, at any time and in a similar manner, transfer lands from one class to another.
Section 16. Areas needed for forest purposes. The following lands, even if they are below eighteen per cent (18%) in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable land, to wit:
Section10. The words "alienation, "'disposition, or "concession" as used in this Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands.
1. Areas less than hectares whichand aredisposable far from, land; or are not contiguous with, any250 certified alienable 2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for communal use;
PD 705 CHAPTER 2 (UNDERSTAND; READ THE REST IF YOU HAVE SPARE TIME) IV.
3. Areas which have already been reforested; 4. Areas within forest concessions which are timbered or have good residual stocking to support an existing, or approved to be established, wood processing plant;
PRESIDENTIAL DECREE No. 705ii May 19, 1975 REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE
5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands where headwaters emanate;
FORESTRY REFORM CODE OF THE PHILIPPINES
CHAPTER II CLASSIFICATION AND SURVEY
6. Appropriately located road-rights-or-way;
Section 13. System of Land Classification. The Department Head shall study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and into such other classes as now or may hereafter be provided by law, rules and regulations.
7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters wide; 8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans, lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing lakes;
In the meantime, the Department Head shall simplify through inter-bureau action the present system of determining which of the unclassified lands of the public domain are needed for forest purposes and declare them as permanent forest to form part of the forest reserves. He shall decree those classified and determined not to be needed for forest purposes as alienable and disposable lands, the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided, That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to, and be placed under the administrative jurisdiction and management of, the Bureau of Fisheries and Aquatic Resources. Those still to be classified under the Present system shall continue to remain as part of the public forest.
9. Areas needed for other purposes, such as national parks, national historical sites, game refuges and wildlife sanctuaries, forest station sites, and others of public interest; and 10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries, national shrines, national historic sites: Provided, That in case an area falling under any of the foregoing categories shall have been titled in favor of any person, steps shall be taken, if public interest so requires, to have said title cancelled or amended, or the titled area expropriated.
Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest lands which have been the subject of pasture leases and permits shall remain classified as forest lands until classified as grazing lands under the criteria, guidelines and methods of classification to be prescribed by the Department Head: Provided, That the administration, management and disposition of grazing lands shall remain under the Bureau.
Section 17. Establishment of boundaries of forest lands. All boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards, or any other visible and practicable signs to insure protection of the forest.
Section 15. Topography. No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.
Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may establish within any lands of the public domain, forest reserve and forest reservation for the national park system, for preservation as critical watersheds, or for any other purpose, and modify boundaries of existing ones. The Department Head may reserve and establish any portion of the public forest or forest reserve as site or experimental forest for use of the Forest Research Institute.
Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forest lands by the Department Head, to form part 4
On November 10, 1978, then President Ferdinand Marcos issued Proclamation No. 18018 declaring Boracay Island, among other islands, caves and peninsulas in the Philippines, as tourist zones and marine reserves under the administration of the Philippine Tourism Authority (PTA). President Marcos later approved the issuance of PTA Circular 3-829 dated September 3, 1982, to implement Proclamation No. 1801.
When public interest so requires, any off-shore area needed for the preservation and protection of its educational, scientific, historical, ecological and recreational values including the marine life found therein, shall be established as marine parks.
V.
Claiming that Proclamation No. 1801 and PTA Circular No 3-82 precluded them from filing an application for judicial confirmation of imperfect title or survey of land for titling purposes, respondents-claimants Mayor Jose S. Yap, Jr., Libertad Talapian, Mila Y. Sumndad, and Aniceto Yap filed a petition for declaratory relief with the RTC in Kalibo, Aklan.
DENR VS YAP; SACAY VS DENR
G.R. No. 167707
October 8, 2008
In their petition, respondents-claimants alleged that Proclamation No. 1801 and PTA Circular No. 3-82 raised doubts on their right to secure titles over their occupied lands. They declared that they themselves, or through their predecessors-in-interest, had been in open, continuous, exclusive, and notorious possession and occupation in Boracay since June 12, 1945, or earlier since time immemorial. They declared their lands for tax purposes and paid realty taxes on them.10
THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE REGIONAL EXECUTIVE DIRECTOR, DENR-REGION VI, REGIONAL TECHNICAL DIRECTOR FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICER OF KALIBO, AKLAN, REGISTER OF DEEDS, DIRECTOR OF LAND REGISTRATION AUTHORITY, DEPARTMENT OF TOURISM SECRETARY, DIRECTOR OF PHILIPPINE TOURISM AUTHORITY, petitioners, vs. MAYOR JOSE S. YAP, LIBERTAD TALAPIAN, MILA Y. SUMNDAD, and ANICETO YAP, in their behalf and in behalf of all those similarly situated, respondents.
Respondents-claimants posited that Proclamation No. 1801 and its implementing Circular did not place Boracay beyond the commerce of man. Since the Island was classified as a tourist zone, it was susceptible of private ownership. Under Section 48(b) of Commonwealth Act (CA) No. 141, otherwise known as the Public Land Act, they had the right to have the lots registered in their names through judicial confirmation of imperfect titles.
x-------------------------------------------------x G.R. No. G.R. No. 173775
The Republic, through the Office of the Solicitor General (OSG), opposed the petition for declaratory relief. The OSG countered that Boracay Island was an unclassified land of the public domain. It formed part of the mass of lands classified as "public forest," which was not available for disposition pursuant to Section 3(a) of Presidential Decree (PD) No. 705 or the Revised Forestry Code,11 as amended.
October 8, 2008
DR. ORLANDO SACAY and WILFREDO GELITO, joined by THE LANDOWNERS OF BORACAY SIMILARLY SITUATED NAMED IN A LIST, ANNEX "A" OF THIS PETITION, petitioners, vs. THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE REGIONAL TECHNICAL DIRECTOR FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI, PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICER, KALIBO, AKLAN, respondents.
The OSG maintained that respondents-claimants’ reliance on PD No. 1801 and PTA Circular No. 3-82 was misplaced. Their right to judicial confirmation of title was governed by CA No. 141 and PD No. 705. Since Boracay Island had not been classified as alienable and disposable, whatever possession they had cannot ripen into ownership.
DECISION
During pre-trial, respondents-claimants and the OSG stipulated on the following facts: (1) respondents-claimants were presently in possession of parcels of land in Boracay Island; (2) these parcels of land were planted with coconut trees and other natural growing trees; (3) the coconut trees had heights of more or less twenty (20) meters and were planted more or less fifty (50) years ago; and (4) respondents-claimants declared the land they were occupying for tax purposes.12
REYES, R.T., J.: AT stake in these consolidated cases is the right of the present occupants of Boracay Island to secure titles over their occupied lands. There are two consolidated petitions. The first is G.R. No. 167707, a petition for review on certiorari of the Decision1 of the Court of Appeals (CA) affirming that2 of the Regional Trial Court (RTC) in Kalibo, Aklan, which granted the petition for declaratory relief filed by respondents-claimants Mayor Jose Yap, et al. and ordered the survey of Boracay for titling purposes. The second is G.R. No. 173775, a petition for prohibition, mandamus, and nullification of Proclamation No. 10645">[3] issued by President Gloria Macapagal-Arroyo classifying Boracay into reserved forest and agricultural land.
The parties also agreed that the principal issue for resolution was purely legal: whether Proclamation No. 1801 posed any legal hindrance or impediment to the titling of the lands in Boracay. They decided to forego with the trial and to submit the case for resolution upon submission of their respective memoranda.13 The RTC took judicial notice14 that certain parcels of land in Boracay Island, more particularly Lots 1 and 30, Plan PSU-5344, were covered by Original Certificate of Title No. 19502 (RO 2222) in the name of the Heirs of Ciriaco S. Tirol. These lots were involved in Civil Case Nos. 5222 and 5262 filed before the RTC of Kalibo, Aklan.15 The titles were issued on
The Antecedents G.R. No. 167707
August 7, 1933.16
Boracay Island in the Municipality of Malay, Aklan, with its powdery white sand beaches and warm crystalline waters, is reputedly a premier Philippine tourist destination. The island is also home to 12,003 inhabitants4 who live in the bone-shaped
RTC and CA Dispositions On July 14, 1999, the RTC rendered a decision in favor of respondents-claimants, with a fallo reading:
island’s three barangays.5
On April 14, 1976, the Department of Environment and Natural Resources (DENR) approved the National Reservation Survey of Boracay
WHEREFORE, in view of the foregoing, the Court declares that Proclamation No. 1801 and PTA Circular No. 3-82 pose no legal obstacle to the petitioners and those similarly situated to acquire title to their lands in Boracay, in accordance with the applicable laws and in the manner prescribed therein; and to have their lands
Island,6 which identified several lots as being occupied or claimed by named persons.7 5
surveyed and approved by respondent Regional Technical Director of Lands as the approved survey does not in itself constitute a title to the land.
The OSG raises the lone issue of whether Proclamation No. 1801 and PTA Circular No. 3-82 pose any legal obstacle for respondents, and all those similarly situated, to acquire title to their occupied lands in Boracay Island.34
SO ORDERED.17
G.R. No. 173775 The RTC upheld respondents-claimants’ right to have their occupied lands titled in their name. It ruled that neither Proclamation No. 1801 nor PTA Circular No. 3-82 mentioned that lands in Boracay were inalienable or could not be the subject of disposition.18 The Circular itself recognized private ownership of lands.19 The trial court cited Sections 8720 and 5321 of the Public Land Act as basis for acknowledging private ownership of lands in Boracay and that only those forested areas in public lands were declared as part of the forest reserve.22
Petitioners-claimants hoist five (5) issues, namely: I. AT THE TIME OF THE ESTABLISHED POSSESSION OF PETITIONERS IN CONCEPT OF OWNER OVER THEIR RESPECTIVE AREAS IN BORACAY, SINCE TIME IMMEMORIAL OR AT THE LATEST SINCE 30 YRS. PRIOR TO THE FILING OF THE PETITION FOR DECLARATORY RELIEF ON NOV. 19, 1997, WERE THE AREAS OCCUPIED BY THEM PUBLIC AGRICULTURAL LANDS AS DEFINED BY LAWS THEN ON JUDICIAL CONFIRMATION OF IMPERFECT TITLES OR PUBLIC FOREST AS DEFINED BY SEC. 3a, PD 705?
The OSG moved for reconsideration but its motion was denied.23 The Republic then appealed to the CA. On December 9, 2004, the appellate court affirmed in toto the RTC decision, disposing as follows:
II.
WHEREFORE, in view of the foregoing premises, judgment is hereby rendered by us DENYING the appeal filed in this case and AFFIRMING the decision of the lower court.24
HAVE PETITIONERS OCCUPANTS ACQUIRED PRIOR VESTED RIGHT OF PRIVATE OWNERSHIP OVER THEIR OCCUPIED PORTIONS OF BORACAY LAND, DESPITE THE FACT THAT THEY HAVE NOT APPLIED YET FOR JUDICIAL CONFIRMATION OF IMPERFECT TITLE?
The CA held that respondents-claimants could not be prejudiced by a declaration that the lands they occupied since time immemorial were part of a forest reserve.
III.
Again, the OSG sought reconsideration but it was similarly denied.25 Hence, the present petition under Rule 45.
IS THE EXECUTIVE DECLARATION OF THEIR AREAS AS ALIENABLE AND DISPOSABLE UNDER SEC 6, CA 141 [AN] INDISPENSABLE PRE-REQUISITE FOR PETITIONERS TO OBTAIN TITLE UNDER THE TORRENS SYSTEM?
G.R. No. 173775 On May 22, 2006, during the pendency of G.R. No. 167707, President Gloria Macapagal-Arroyo issued Proclamation No. 106426 classifying Boracay Island into four hundred (400) hectares of reserved forest land (protection purposes) and six hundred twenty-eight and 96/100 (628.96) hectares of agricultural land (alienable and disposable). The Proclamation likewise
IV. IS THE ISSUANCE OF PROCLAMATION 1064 ON MAY 22, 2006, VIOLATIVE OF THE PRIOR VESTED RIGHTS TO PRIVATE OWNERSHIP OF PETITIONERS OVER THEIR LANDS IN
provided for a fifteen-meter buffer zone on each side the centerline of roads and trails, reserved for right-of-way andofwhich shall form part of the area reserved for forest land protection purposes.
BORACAY, PROTECTED THE DUE PROCESS OF THE CONSTITUTION OR BY IS PROCLAMATION 1064CLAUSE CONTRARY TO SEC. 8, CA 141, OR SEC. 4(a) OF RA 6657. V.
On August 10, 2006, petitioners-claimants Dr. Orlando Sacay,27 Wilfredo Gelito,28 and other landowners29 in Boracay filed with this Court an srcinal petition for prohibition, mandamus, and nullification of Proclamation No. 1064.30 They allege that the Proclamation infringed on their "prior vested rights" over portions of Boracay. They have been in continued possession of their respective lots in Boracay since time immemorial. They have also invested billions of pesos in developing their lands and building internationally renowned first class resorts on their lots.31
CAN RESPONDENTS BE COMPELLED BY MANDAMUS TO ALLOW THE SURVEY AND TO APPROVE THE SURVEY PLANS FOR PURPOSES OF THE APPLICATION FOR TITLING OF THE LANDS OF PETITIONERS IN BORACAY?35 (Underscoring supplied) In capsule, the main issue is whether private claimants (respondents-claimants in G.R. No. 167707 and petitionersclaimants in G.R. No. 173775) have a right to secure titles over their occupied portions in Boracay. The twin petitions pertain to their right, if any, to judicial confirmation of imperfect title under CA No. 141, as amended. They do not involve their right to secure title under other pertinent laws.
Petitioners-claimants contended that there is no need for a proclamation reclassifying Boracay into agricultural land. Being classified as neither mineral nor timber land, the island is deemed agricultural pursuant to the Philippine Bill of 1902 and Act No. 926, known as the first Public Land Act.32 Thus, their possession in the concept of owner for the required period entitled them to judicial confirmation of imperfect title.
Our Ruling Regalian Doctrine and power of the executive to reclassify lands of the public domain
Opposing the petition, the OSG argued that petitioners-claimants do not have a vested right over their occupied portions in the island. Boracay is an unclassified public forest land pursuant to Section 3(a) of PD No. 705. Being public forest, the claimed portions of the island are inalienable and cannot be the subject of judicial confirmation of imperfect title. It is only the executive department, not the courts, which has authority to reclassify lands of the public domain into alienable and disposable lands. There is a need for a positive government act in order to release the lots for disposition.
Private claimants rely on three (3) laws and executive acts in their bid for judicial confirmation of imperfect title, namely: (a) Philippine Bill of 190236 in relation to Act No. 926, later amended and/or superseded by Act No. 2874 and CA No. 141;37 (b) Proclamation No. 180138 issued by then President Marcos; and (c) Proclamation No. 106439 issued by President Gloria MacapagalArroyo. We shall proceed to determine their rights to apply for judicial confirmation of imperfect title under these laws and executive acts.
On November 21, 2006, this Court ordered the consolidation of the two petitions as they principally involve the same issues on the land classification of Boracay Island.33
But first, a peek at the Regalian principle and the power of the executive to reclassify lands of the public domain.
Issues The 1935 Constitution classified lands of the public domain into agricultural, forest or timber.40 Meanwhile, the 1973 Constitution provided the following divisions: agricultural, industrial or
G.R. No. 167707 6
commercial, residential, resettlement, mineral, timber or forest and grazing lands, and such other classes as may be provided by law,41 giving the government great leeway for classification.42 Then the 1987 Constitution reverted to the 1935 Constitution classification with one addition: national parks.43 Of these, only agricultural lands may be alienated.44 Prior to Proclamation No. 1064 of May 22, 2006, Boracay Island had never been expressly and administratively classified under any of these grand divisions. Boracay was an unclassified land of the public domain.
becomes absolute, indefeasible, and imprescriptible. This is known as the Torrens system.66 Concurrently, on October 7, 1903, the Philippine Commission passed Act No. 926, which was the first Public Land Act. The Act introduced the homestead system and made provisions for judicial and administrative confirmation of imperfect titles and for the sale or lease of public lands. It permitted corporations regardless of the nationality of persons owning the controlling stock to lease or purchase lands of the public domain.67 Under the Act, open, continuous, exclusive, and notorious possession and occupation of agricultural lands for the next ten (10) years preceding July 26, 1904 was sufficient for judicial confirmation of imperfect title.68
The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony.45 The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions.46
On November 29, 1919, Act No. 926 was superseded by Act No. 2874, otherwise known as the second Public Land Act. This new, more comprehensive law limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave Filipinos the same privileges. For judicial confirmation of title, possession and occupation en concepto dueño since time immemorial, or since July 26, 1894, was required.69
All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.47 Thus, all lands that have not been acquired from the government, either by purchase or by grant, belong to the State as part of the inalienable public domain.48 Necessarily, it is up to the State to determine if lands of the public domain will be disposed of for private ownership. The government, as the agent of th e state, is possessed of the plenary power as the persona in law to determine who shall be the favored recipients of public lands, as well as under what terms they may be granted such privilege, not excluding the placing of obstacles in the way of their exercise of what otherwise would be ordinary acts of ownership.49
After the passage of the 1935 Constitution, CA No. 141 amended Act No. 2874 on December 1, 1936. To this day, CA No. 141, as amended, remains as the existing general law governing the classification and disposition of lands of the public domain other than timber and mineral lands,70 and privately owned lands which reverted to the State.71
Our present land law traces its roots to the Regalian Doctrine. Upon the Spanish conquest of the Philippines, ownership of all lands, territories and possessions in the Philippines passed to the Spanish Crown.50 The Regalian doctrine was first introduced in the Philippines through the Laws of the Indies and the Royal Cedulas, which laid the foundation that "all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain."51
Section 48(b) of CA No. 141 retained the requirement under Act No. 2874 of possession and occupation of lands of the public domain since time immemorial or since July 26, 1894. However, this provision was superseded by Republic Act (RA) No. 1942,72 which provided for a simple thirty-year prescriptive period for judicial confirmation of imperfect title. The provision was last amended by PD No. 1073,73 which now provides for possession and occupation of the land applied for since June 12, 1945, or earlier.74
The Laws of the Indies was followed by the Ley Hipotecaria or the Mortgage Law of 1893. The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory
The issuance of PD No. 89275 on February 16, 1976 discontinued
claims.52 The Royal Decree of 1894 or the Maura Law53 partly amended the Spanish Mortgage Law and the Laws of the Indies. It established possessory information as the method of legalizing possession of vacant Crown land, under certain conditions which were set forth in said decree.54 Under Section 393 of the Maura Law, an informacion posesoria or possessory information title,55 when duly inscribed in the Registry of Property, is converted into a title of ownership only after the lapse of twenty (20) years of uninterrupted possession which must be actual, public, and adverse,56 from the date of its inscription.57 However, possessory information title had to be perfected one year after the promulgation of the Maura Law, or until April 17, 1895. Otherwise, the lands would revert to the State.58
the use of Spanish titles as evidence registration proceedings.76 Under the decree, all holdersin ofland Spanish titles or grants should apply for registration of their lands under Act No. 496 within six (6) months from the effectivity of the decree on February 16, 1976. Thereafter, the recording of all unregistered lands77 shall be governed by Section 194 of the Revised Administrative Code, as amended by Act No. 3344. On June 11, 1978, Act No. 496 was amended and updated by PD No. 1529, known as the Property Registration Decree. It was enacted to codify the various laws relative to registration of property.78 It governs registration of lands under the Torrens system as well as unregistered lands, including chattel mortgages.79 A positive act declaring land as alienable and disposable is required. In keeping with the presumption of State ownership, the Court has time and again emphasized that there must be a positive act of the government, such as an official proclamation,80 declassifying inalienable public land into disposable land for agricultural or other purposes.81 In fact, Section 8 of CA No. 141 limits alienable or disposable lands only to those lands which have
In sum, private ownership of land under the Spanish regime could only be founded on royal concessions which took various forms, namely: (1) titulo real or royal grant; (2) concesion especial or special grant; (3) composicion con el estado or adjustment title; (4) titulo de compra or title by purchase; and (5) informacion posesoria or possessory information title.59>
been "officially delimited and classified."82 The burden of proof in overcoming the presumption of State ownership of the lands of the public domain is on the person applying for registration (or claiming ownership), who must prove that the land subject of the application is alienable or disposable.83 To overcome this presumption, incontrovertible evidence must be established that the land subject of the application (or claim) is alienable or disposable.84 There must still be a positive act declaring land of the public domain as alienable and disposable. To prove that the land subject of an application for registration is alienable, the applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute.85 The applicant may also secure a certification from the government that the land claimed to have been possessed for the required number of years is alienable and disposable.86
The first law governing the disposition of public lands in the Philippines under American rule was embodied in the Philippine Bill of 1902.60 By this law, lands of the public domain in the Philippine Islands were classified into three (3) grand divisions, to wit: agricultural, mineral, and timber or forest lands.61 The act provided for, among others, the disposal of mineral lands by means of absolute grant (freehold system) and by lease (leasehold system).62 It also provided the definition by exclusion of "agricultural public lands."63 Interpreting the meaning of "agricultural lands" under the Philippine Bill of 1902, the Court declared in Mapa v. Insular Government:64 x x x In other words, that the phrase "agricultural land" as used in Act No. 926 means those public lands acquired from Spain which are not timber or mineral lands. x x x65 (Emphasis Ours) On February 1, 1903, the Philippine Legislature passed Act No. 496, otherwise known as the Land Registration Act. The act established a system of registration by which recorded title 7
more specifically those cases dealing with judicial and administrative confirmation of imperfect titles. The presumption applies to an applicant for judicial or administrative conformation of imperfect title under Act No. 926. It certainly cannot apply to landowners, such as private claimants or their predecessors-ininterest, who failed to avail themselves of the benefits of Act No. 926. As to them, their land remained unclassified and, by virtue of the Regalian doctrine, continued to be owned by the State.
In the case at bar, no such proclamation, executive order, administrative action, report, statute, or certification was presented to the Court. The records are bereft of evidence showing that, prior to 2006, the portions of Boracay occupied by private claimants were subject of a government proclamation that the land is alienable and disposable. Absent such well-nigh incontrovertible evidence, the Court cannot accept the submission that lands occupied by private claimants were already open to disposition before 2006. Matters of land classification or reclassification cannot be assumed. They call for proof.87
In any case, the assumption in Ankron and De Aldecoa was not absolute. Land classification was, in the end, dependent on proof. If there was proof that the land was better suited for nonagricultural uses, the courts could adjudge it as a mineral or timber land despite the presumption. In Ankron, this Court stated:
Ankron and De Aldecoa did not make the whole of Boracay Island, or portions of it, agricultural lands. Private claimants posit that Boracay was already an agricultural land pursuant to the old cases Ankron v. Government of the Philippine Islands (1919)88 and De Aldecoa v. The Insular Government (1909).89 These cases were decided under the provisions of the Philippine Bill of 1902 and Act No. 926. There is a statement in these old cases that "in the absence of evidence to the contrary, that in each case the lands are agricultural lands until the contrary is shown."90
In the case of Jocson vs. Director of Forestry (supra), the AttorneyGeneral admitted in effect that whether the particular land in question belongs to one class or another is a question of fact. The mere fact that a tract of land has trees upon it or has mineral within it is not of itself sufficient to declare that one is forestry land and the other, mineral land. There must be some proof of the extent and present or future value of the forestry and of the minerals. While, as we have just said, many definitions have been given for "agriculture," "forestry," and "mineral" lands, and that in each case it is a question of fact, we think it is safe to say that in order to be forestry or mineral land the proof must show that it is more valuable for the forestry or the mineral which it contains than it is for agricultural purposes. (Sec. 7, Act No. 1148.) It is not sufficient to show that there exists some trees upon the land or that it bears some mineral. Land may be classified as forestry or mineral today, and, by reason of the exhaustion of the timber or mineral, be classified as agricultural land tomorrow. And viceversa, by reason of the rapid growth of timber or the discovery of valuable minerals, lands classified as agricultural today may be differently classified tomorrow. Each case must be decided upon the proof in that particular case, having regard for its present or future value for one or the other purposes. We believe, however, considering the fact that it is a matter of public knowledge that a majority of the lands in the Philippine Islands are agricultural lands that the courts have a right to presume, in the absence of evidence to the contrary, that in each case the lands are
Private claimants’ reliance on Ankron and De Aldecoa is mi splaced.
These cases did not have the effect of converting the whole of Boracay Island or portions of it into agricultural lands. It should be stressed that the Philippine Bill of 1902 and Act No. 926 merely provided the manner through which land registration courts would classify lands of the public domain. Whether the land would be classified as timber, mineral, or agricultural depended on proof presented in each case. Ankron and De Aldecoa were decided at a time when the President of the Philippines had no power to classify lands of the public domain into mineral, timber, and agricultural. At that time, the courts were free to make corresponding classifications in justiciable cases, or were vested with implicit power to do so, depending upon the preponderance of the evidence.91 This was the Court’s ruling in Heirs of the Late Spouses Pedro S. Palanca and
Soterranea Rafols Vda. De Palanca v. Republic,92 in which it stated, through Justice Adolfo Azcuna, viz.: x x x Petitioners furthermore insist that a particular land need not be formally released by an act of theciting Executive beforeofitRamos can bev. deemed open to private ownership, the cases Director of Lands and Ankron v. Government of the Philippine Islands.
agricultural until land the contrary is shown. land involved in alands particular registration case is Whatever forestry orthe mineral land must, therefore, be a matter of proof. Its superior value for one purpose or the other is a question of fact to be settled by the proof in each particular case. The fact that the land is a manglar [mangrove swamp] is not sufficient for the courts to decide whether it is agricultural, forestry, or mineral land. It may perchance belong to one or the other of said classes of land. The Government, in the first instance, under the provisions of Act No. 1148, may, by reservation, decide for itself what portions of public land shall be considered forestry land, unless private interests have intervened before such reservation is made. In the latter case, whether the land is agricultural, forestry, or mineral, is a question of proof. Until private interests have intervened, the Government, by virtue of the terms of said Act (No. 1148), may decide for itself what portions of the "public domain" shall be set aside and reserved as forestry or mineral land. (Ramos vs. Director of Lands, 39 Phil. 175; Jocson vs. Director of Forestry, supra)95 (Emphasis ours)
xxxx Petitioner’s reliance upon Ramos v. Director of Lands and Ankron
v. Government is misplaced. These cases were decided under the Philippine Bill of 1902 and the first Public Land Act No. 926 enacted by the Philippine Commission on October 7, 1926, under which there was no legal provision vesting in the Chief Executive or President of the Philippines the power to classify lands of the public domain into mineral, timber and agricultural so that the courts then were free to make corresponding classifications in justiciable cases, or were vested with implicit power to do so, depending upon the preponderance of the evidence.93 To aid the courts in resolving land registration cases under Act No. 926, it was then necessary to devise a presumption on land classification. Thus evolved the dictum in Ankron that "the courts have a right to presume, in the absence of evidence to the contrary, that in each case the lands are agricultural lands until the contrary is shown."94
Since 1919, courts were no longer free to determine the classification of lands from the facts of each case, except those that have already private lands.966Act promulgated in 1919 and became reproduced in Section of No. CA 2874, No. 141, gave the Executive Department, through the President, the exclusive prerogative to classify or reclassify public lands into alienable or disposable, mineral or forest.96-a Since then, courts no longer had the authority, whether express or implied, to determine the classification of lands of the public domain.97
But We cannot unduly expand the presumption in Ankron and De Aldecoa to an argument that all lands of the public domain had been automatically reclassified as disposable and alienable agricultural lands. By no stretch of imagination did the presumption convert all lands of the public domain into agricultural lands.
Here, private claimants, unlike the Heirs of Ciriaco Tirol who were issued their title in 1933,98 did not present a justiciable case for determination by the land registration court of the property’s land
If We accept the position of private claimants, the Philippine Bill of 1902 and Act No. 926 would have automatically made all lands in the Philippines, except those already classified as timber or mineral land, alienable and disposable lands. That would take these lands out of State ownership and worse, would be utterly inconsistent with and totally repugnant to the long-entrenched Regalian doctrine.
classification. Simply put, there was no opportunity for the courts then to resolve if the land the Boracay occupants are now claiming were agricultural lands. When Act No. 926 was supplanted by Act No. 2874 in 1919, without an application for judicial confirmation having been filed by private claimants or their predecessors-ininterest, the courts were no longer authorized to determine the property’s land classification. Hence, private claimants cannot
bank on Act No. 926.
The presumption in Ankron and De Aldecoa attaches only to land registration cases brought under the provisions of Act No. 926, or 8
realities in the island. Boracay, no doubt, has been partly stripped of its forest cover to pave the way for commercial developments. As a premier tourist destination for local and foreign tourists, Boracay appears more of a commercial island resort, rather than a forest land.
We note that the RTC decision99 in G.R. No. 167707 mentioned Krivenko v. Register of Deeds of Manila,100 which was decided in 1947 when CA No. 141, vesting the Executive with the sole power to classify lands of the public domain was already in effect. Krivenko cited the old cases Mapa v. Insular Government,101 De Aldecoa v. The Insular Government,102 and Ankron v. Government of the Philippine Islands.103
Nevertheless, that the occupants of Boracay have built multimillion peso beach resorts on the island;111 that the island has already been stripped of its forest cover; or that the implementation of Proclamation No. 1064 will destroy the island’s tourism industry, do not negate its character as public forest.
Krivenko, however, is not controlling here because it involved a totally different issue. The pertinent issue in Krivenko was whether residential lots were included in the general classification of agricultural lands; and if so, whether an alien could acquire a residential lot. This Court ruled that as an alien, Krivenko was prohibited by the 1935 Constitution104 from acquiring agricultural land, which included residential lots. Here, the issue is whether unclassified lands of the public domain are automatically deemed agricultural.
Forests, in the context of both the Public Land Act and the Constitution112 classifying lands of the public domain into "agricultural, forest or timber, mineral lands, and national parks," do not necessarily refer to large tracts of wooded land or expanses covered by dense growths of trees and underbrushes.113 The discussion in Heirs of Amunategui v. Director of Forestry114 is particularly instructive:
Notably, the definition of "agricultural public lands" mentioned in Krivenko relied on the old cases decided prior to the enactment of Act No. 2874, including Ankron and De Aldecoa.105 As We have already stated, those cases cannot apply here, since they were decided when the Executive did not have the authority to classify lands as agricultural, timber, or mineral.
A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers may have stripped it of its forest cover. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. "Forest lands" do not have to be on mountains or in out of the way places. Swampy areas covered by mangrove trees, nipa palms, and other trees growing in brackish or sea water may also be classified as forest land. The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. Unless and until the land classified as "forest" is released in an official proclamation to that effect so that it may form part of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.115 (Emphasis supplied)
Private claimants’ continued possession under Act No. 926 does
not create a presumption that the land is alienable. Private claimants also contend that their continued possession of portions of Boracay Island for the requisite period of ten (10) years under Act No. 926106 ipso facto converted the island into private ownership. Hence, they may apply for a title in their name. A similar argument was squarely rejected by the Court in Collado v. Court of Appeals.107 Collado, citing the separate opinion of now Chief Justice Reynato S. Puno in Cruz v. Secretary of Environment and Natural Resources,107-a ruled:
There is a big difference between "forest" as defined in a dictionary and "forest or timber land" as a classification of lands of the public domain as appearing in our statutes. One is descriptive of what appears on the land while the other is a legal status, a classification for legal purposes.116 At any rate, the Court is tasked to determine
"Act No. 926, the first Public Land Act, was passed in pursuance of the provisions of the Philippine Bill of 1902. The law governed the disposition of lands of the public domain. It prescribed rules and regulations for the homesteading, selling and leasing of portions of the public of to theenable Philippine Islands, and prescribed terms and domain conditions persons to perfect their titlesthe to public lands in the Islands. It also provided for the "issuance of patents to certain native settlers upon public lands," for the establishment of town sites and sale of lots therein, for the completion of imperfect titles, and for the cancellation or confirmation of Spanish concessions and grants in the Islands." In short, the Public Land Act operated on the assumption that title to public lands in the Philippine Islands remained in the government;
the legalHence, status even of Boracay Island, and has not been look into its physical layout. if its forest cover replaced by beach resorts, restaurants and other commercial establishments, it has not been automatically converted from public forest to alienable agricultural land. Private claimants cannot rely on Proclamation No. 1801 as basis for judicial confirmation of imperfect title. The proclamation did not convert Boracay into an agricultural land. However, private claimants argue that Proclamation No. 1801 issued by then President Marcos in 1978 entitles them to judicial confirmation of imperfect title. The Proclamation classified Boracay, among other islands, as a tourist zone. Private claimants assert that, as a tourist spot, the island is susceptible of private ownership.
and that the government’s title to public land sprung from the
Treaty of Paris and other subsequent treaties between Spain and the United States. The term "public land" referred to all lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement, and excluded the patrimonial property of the government and the friar lands."
Proclamation No. 1801 or PTA Circular No. 3-82 did not convert the whole of Boracay into an agricultural land. There is nothing in the law or the Circular which made Boracay Island an agricultural land. The reference in Circular No. 3-82 to "private lands"117 and "areas declared as alienable and disposable"118 does not by itself classify the entire island as agricultural. Notably, Circular No. 3-82
Thus, it is plain error for petitioners to argue that under the Philippine Bill of 1902 and Public Land Act No. 926, mere possession by private individuals of lands creates the legal presumption that the lands are alienable and disposable.108 (Emphasis Ours)
makes forested reference not Rule onlyVIII, to private and areas but also to public lands. Sectionlands 3 provides:
Except for lands already covered by existing titles, Boracay was an unclassified land of the public domain prior to Proclamation No. 1064. Such unclassified lands are considered public forest under PD No. 705. The DENR109 and the National Mapping and Resource Information Authority110 certify that Boracay Island is an unclassified land of the public domain.
No trees in forested private lands may be cut without prior authority from the PTA. All forested areas in public lands are declared forest reserves. (Emphasis supplied) Clearly, the reference in the Circular to both private and public lands merely recognizes that the island can be classified by the Executive department pursuant to its powers under CA No. 141. In fact, Section 5 of the Circular recognizes the then Bureau of Forest Development’s authority todeclare areas in the island as alienable and disposable when it provides:
PD No. 705 issued by President Marcos categorized all unclassified lands of the public domain as public forest. Section 3(a) of PD No. 705 defines a public forest as "a mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purpose and which are not." Applying PD No. 705, all unclassified lands, including those in Boracay Island, are ipso facto considered public forests. PD No. 705, however, respects titles already existing prior to its effectivity.
Subsistence farming, in areas declared as alienable and disposable by the Bureau of Forest Development. Therefore, Proclamation No. 1801 cannot be deemed the positive act needed to classify Boracay Island as alienable and disposable land. If President Marcos intended to classify the island as
The Court notes that the classification of Boracay as a forest land under PD No. 705 may seem to be out of touch with the present 9
alienable and disposable or forest, or both, he would have identified the specific limits of each, as President Arroyo did in Proclamation No. 1064. This was not done in Proclamation No. 1801.
That Boracay Island was classified as a public forest under PD No. 705 did not bar the Executive from later converting it into agricultural land. Boracay Island still remained an unclassified land of the public domain despite PD No. 705.
The Whereas clauses of Proclamation No. 1801 also explain the rationale behind the declaration of Boracay Island, together with other islands, caves and peninsulas in the Philippines, as a tourist zone and marine reserve to be administered by the PTA– to ensure the concentrated efforts of the public and private sectors in the
In Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols v. Republic,124 the Court stated that unclassified lands are public forests. While it is true that the land classification map does not categorically state that the islands are public forests, the fact that they were unclassified lands leads to the same result. In the absence of the classification as mineral or timber land, the land remains unclassified land until released and rendered open to disposition.125 (Emphasis supplied)
development of the areas’ tourism potential with due regard for
ecological balance in the marine environment. Simply put, the proclamation is aimed at administering the islands for tourism and ecological purposes. It does not address the areas’ alienability.119
More importantly, Proclamation No. 1801 covers not only Boracay Island, but sixty-four (64) other islands, coves, and peninsulas in the Philippines, such as Fortune and Verde Islands in Batangas, Port Galera in Oriental Mindoro, Panglao and Balicasag Islands in Bohol, Coron Island, Puerto Princesa and surrounding areas in Palawan, Camiguin Island in Cagayan de Oro, and Misamis Oriental, to name a few. If the designation of Boracay Island as tourist zone makes it alienable and disposable by virtue of Proclamation No. 1801, all the other areas mentioned would likewise be declared wide open for private disposition. That could not have been, and is clearly beyond, the intent of the proclamation.
Moreover, the prohibition under the CARL applies only to a "reclassification" of land. If the land had never been previously classified, as in the case of Boracay, there can be no prohibited reclassification under the agrarian law. We agree with the opinion of the Department of Justice126 on this point: Indeed, the key word to the correct application of the prohibition in Section 4(a) is the word "reclassification." Where there has been no previous classification of public forest [referring, we repeat, to the mass of the public domain which has not been the subject of the present system of classification for purposes of determining which are needed for forest purposes and which are not] into permanent forest or forest reserves or some other forest uses under the Revised Forestry Code, there can be no "reclassification of forest lands" to speak of within the meaning of Section 4(a).
It was Proclamation No. 1064 of 2006 which positively declared part of Boracay as alienable and opened the same to private ownership. Sections 6 and 7 of CA No. 141120 provide that it is only the President, upon the recommendation of the proper department head, who has the authority to classify the lands of the public domain into alienable or disposable, timber and mineral lands.121
Thus, obviously, the prohibition in Section 4(a) of the CARL against the reclassification of forest lands to agricultural lands without a prior law delimiting the limits of the public domain, does not, and cannot, apply to those lands of the public domain, denominated as "public forest" under the Revised Forestry Code, which have not been previously determined, or classified, as needed for forest purposes in accordance with the provisions of the Revised Forestry Code.127
In issuing Proclamation No. 1064, President Gloria MacapagalArroyo merely exercised the authority granted to her to classify lands of the public domain, presumably subject to existing vested rights. Classification of public lands is the exclusive prerogative of the Executive Department, through the Office of the President. Courts have no authority to do so.122 Absent such classification, the land remains unclassified until released and rendered open to disposition.123
Private claimants notCA entitled to apply for judicial of imperfect title are under No. 141. Neither do they confirmation have vested rights over the occupied lands under the said law. There are two requisites for judicial confirmation of imperfect or incomplete title under CA No. 141, namely: (1) open, continuous, exclusive, and notorious possession and occupation of the subject land by himself or through his predecessors-in-interest under a bona fide claim of ownership since time immemorial or from June 12, 1945; and (2) the classification of the land as alienable and disposable land of the public domain.128
Proclamation No. 1064 classifies Boracay into 400 hectares of reserved forest land and 628.96 hectares of agricultural land. The Proclamation likewise provides for a 15-meter buffer zone on each side of the center line of roads and trails, which are reserved for right of way and which shall form part of the area reserved for forest land protection purposes. Contrary to private claimants’ argument, there was nothing invalid
or irregular, much less unconstitutional, about the classification of Boracay Island made by the President through Proclamation No. 1064. It was within her authority to make such classification, subject to existing vested rights.
As discussed, the Philippine Bill of 1902, Act No. 926, and Proclamation No. 1801 did not convert portions of Boracay Island into an agricultural land. The island remained an unclassified land of the public domain and, applying the Regalian doctrine, is considered State property.
Proclamation No. 1064 does not violate the Comprehensive Agrarian Reform Law. Private claimants further assert that Proclamation No. 1064 violates the provision of the Comprehensive Agrarian Reform Law (CARL) or RA No. 6657 barring conversion of public forests into agricultural lands. They claim that since Boracay is a public forest under PD No. 705,
Private claimants’ bid for judicial confirmation of imperfect title, relying on the Philippine Bill of 1902, Act No. 926, and Proclamation No. 1801, must fail because of the absence of the second element of alienable and disposable land. Their entitlement to a government grant under our present Public Land Act
President Arroyoafoul can of noSection longer 4(a) convert it No. into6657, an agricultural land without running of RA thus:
presupposes the land andthe applied forofisthealready alienable and that disposable. Thispossessed is clear from wording law itself.129 Where the land is not alienable and disposable, possession of the land, no matter how long, cannot confer ownership or possessory rights.130
SEC. 4. Scope. – The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture.
Neither may private claimants apply for judicial confirmation of imperfect title under Proclamation No. 1064, with respect to those lands which were classified as agricultural lands. Private claimants failed to prove the first element of open, continuous, exclusive, and notorious possession of their lands in Boracay since June 12, 1945.
More specifically, the following lands are covered by the Comprehensive Agrarian Reform Program: (a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain.
We cannot sustain the CA and RTC conclusion in the petition for declaratory relief that private claimants complied with the requisite period of possession. The tax declarations in the name of private claimants are insufficient to prove the first element of possession. We note that the earliest of the tax declarations in the name of private claimants were issued in 1993. Being of recent dates, the tax declarations are 10
not sufficient to convince this Court that the period of possession and occupation commenced on June 12, 1945.
away; geological erosion results. With erosion come the dreaded floods that wreak havoc and destruction to property – crops, livestock, houses, and highways– not to mention precious human lives. Indeed, the foregoing observations should be written down in
Private claimants insist that they have a vested right in Boracay, having been in possession of the island for a long time. They have invested millions of pesos in developing the island into a tourist spot. They say their continued possession and investments give them a vested right which cannot be unilaterally rescinded by Proclamation No. 1064.
a lumberman’s decalogue.135
WHEREFORE, judgment is rendered as follows: 1. The petition for certiorari in G.R. No. 167707 is GRANTED and the Court of Appeals Decision in CA-G.R. CV No. 71118 REVERSED AND SET ASIDE.
The continued possession and considerable investment of private claimants do not automatically give them a vested right in Boracay. Nor do these give them a right to apply for a title to the land they are presently occupying. This Court is constitutionally bound to decide cases based on the evidence presented and the laws applicable. As the law and jurisprudence stand, private claimants are ineligible to apply for a judicial confirmation of title over their occupied portions in Boracay even with their continued possession and considerable investment in the island.
2. The petition for certiorari in G.R. No. 173775 is DISMISSED for lack of merit. SO ORDERED. 19 Id.; PTA Circular No. 3-82, Rule VIII, Sec. 1(3) states:
One Last Note
No trees in forested private lands may be cut without prior authority from the PTA. All forested areas in public lands are declared forest reserves.
The Court is aware that millions of pesos have been invested for the development of Boracay Island, making it a by-word in the local and international tourism industry. The Court also notes that for a number of years, thousands of people have called the island
20 Sec. 87. If all the lands included in the proclamation of the President are not registered under the Land Registration Act, the Solicitor-General, if requested to do so by the Secretary of Agriculture and Natural Resources, shall proceed in accordance with the provisions of section fifty-three of this Act.
their home. While the Court commiserates with private claimants’
plight, We are bound to apply the law strictly and judiciously. This is the law and it should prevail. Ito ang batas at ito ang dapat umiral.
For one thing, those with lawful possession may claim good faith as
21 Sec. 53. It shall be lawful for the Director of Lands, whenever in the opinion of the President the public interests shall require it, to cause to be filed in the proper Court of First Instance, through the Solicitor General or the officer acting in his stead, a petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the Land Registration Act, stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion; or that the boundaries of any such land which has not been brought into court as aforesaid are open to question; or that it is advisable that the title to such land be settled and adjudicated,
builderstheir of improvements. can take to preserve or protect possession. ForThey another, they steps may look into other modes of applying for srcinal registration of title, such as by homestead131 or sales patent,132 subject to the conditions imposed by law.
and praying that right the title any such land or the thereof or the to tooccupancy thereof be boundaries settled and adjudicated. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral proceedings.
More realistically, Congress may enact a law to entitle private claimants to acquire title to their occupied lots or to exempt them from certain requirements under the present land laws. There is one such bill133 now pending in the House of Representatives. Whether that bill or a similar bill will become a law is for Congress to decide.
63 The provisions relevant to the definition are:
All is not lost, however, for private claimants. While they may not be eligible to apply for judicial confirmation of imperfect title under Section 48(b) of CA No. 141, as amended, this does not denote their automatic ouster from the residential, commercial, and other areas they possess now classified as agricultural. Neither will this mean the loss of their substantial investments on their occupied alienable lands. Lack of title does not necessarily mean lack of right to possess.
Sec. 13. That the Government of the Philippine Islands, subject to the provisions of this Act and except as herein provided, shall classify according to its agricultural character and productiveness, and shall immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral lands, but such rules and regulations shall not go into effect or have the force of law until they have received the approval of the President, and when approved by the President they shall be submitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by Congress at said session they shall at the close of such period have the force and effect of law in the Philippine Islands: Provided, That a single homestead entry shall not exceed sixteen hectares in extent.
In issuing Proclamation No. 1064, the government has taken the step necessary to open up the island to private ownership. This gesture may not be sufficient to appease some sectors which view the classification of the island partially into a forest reserve as absurd. That the island is no longer overrun by trees, however, does not becloud the vision to protect its remaining forest cover and to strike a healthy balance between progress and ecology. Ecological conservation is as important as economic progress. To be sure, forest lands are fundamental to our nation’s surviva Their promotion and protection are not just fancy rhetoric l.for politicians and activists. These are needs that become more urgent as destruction of our environment gets prevalent and difficult to control. As aptly observed by Justice Conrado Sanchez in 1968 in Director of Forestry v. Munoz:134
Sec. 14. That Government the rules Philippine Islands is hereby authorized andtheempowered to of enact and regulations and to prescribe terms and conditions to enable persons to perfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet failed to secure conveyance of title; and the Philippine Commission is authorized to issue patents, without compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen hectares in extent, which were public lands and had been actually occupied by such native or his ancestors prior to and on the thirteenth of August, eighteen hundred and ninetyeight.
The view this Court takes of the cases at bar is but in adherence to public policy that should be followed with respect to forest lands. Many have written much, and many more have spoken, and quite often, about the pressing need for forest preservation, conservation, protection, development and reforestation. Not without justification. For, forests constitute a vital segment of any country's natural resources. It is of common knowledge by now that absence of the necessary green cover on our lands produces a number of adverse or ill effects of serious proportions. Without the trees, watersheds dry up; rivers and lakes which they supply are emptied of their contents. The fish disappear. Denuded areas become dust bowls. As waterfalls cease to function, so will hydroelectric plants. With the rains, the fertile topsoil is washed
Sec. 15. That the Government of the Philippine Islands is hereby authorized and empowered, on such terms as it may prescribe, by general legislation, to provide for the granting or sale and conveyance to actual occupants and settlers and other citizens of said Islands such parts and portions of the public domain, other 11
than timber and mineral lands, of the United States in said Islands as it may deem wise, not exceeding sixteen hectares to any one person and for the sale and conveyance of not more than one thousand and twenty-four hectares to any corporation or association of persons: Provided, That the grant or sale of such lands, whether the purchase price be paid at once or in partial payments, shall be conditioned upon actual and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto; but such restriction shall not apply to transfers of rights and title of inheritance under the laws for the distribution of the estates of decedents.
nature reserves, wilderness areas, mangrove reserves, watershed reservations, fish sanctuaries, protected landscapes and seascapes, among others prior to the effectivity of the NIPAS Act. The identified initial components of NIPAS cover an approximate area of 2.57 million hectares. These areas will be maintained as part of the NIPAS until such time that they are finally assessed as to their suitability for inclusion to the System. There are one hundred twelve (112) protected areas formally proclaimed by the President under the System covering 3.54 million hectares. Seventy (70) out of the 112 are initial components with an area of 1.97 million hectares and forty-two (42) additional areas with an area of 1.57 million hectares. Of the 112 proclaimed protected areas, 29 are marine protected areas with a total area of 1.37 million hectares while 83 are terrestrial protected areas covering an area of 2.17 million hectares.
106 Act No. 926, Sec. 54, par. 6 states: SEC. 54. The following described persons or their legal successors in right, occupying lands in the Philippines, or claiming to own any such land or interest therein but whose titles to such land have not been perfected may apply to the Court of Land Registration of the Philippine Islands for confirmation of their claims and the issuance of a certificate of title therefor to wit –
Nine (9) of the initial components and four (4) additional areas have specific laws for their establishment under the System. These are Batanes Island Protected Landscape and Seascape-R2, Northern Sierra Madre Natural Park-R2, Mts. Banahaw-San Cristobal Protected Landscape-R4A, Tubbataha Reefs Natural Park-R4B, Mt. Kanla-on Natural Park-R6, Sagay Marine ReserveR6, Central Cebu Protected Landscape-R7, Mimbilisan Protected Landscape-R10, Mt. Kitanglad Range Protected Area-R10, Mt. Malindang Natural Park-R10, Mt. Apo Natural Park-R11, Mt. Hamiguitan Range Wildlife Sanctuary-R11 and Bangan Hill Natural Park-R2.
xxxx (6) All persons who by themselves or their predecessors in interest have been in the open, continuous exclusive, and notorious possession and occupation of agricultural public lands, as defined by said Act of Congress of July first, nineteen hundred and two, under a bona fide claim of ownership except as against the Government, for a period of ten years next preceding the taking effect of this act, except when prevented by war, or force majeure, shall be conclusively presumed to have performed all the conditions essential to a Government grant and to have received the same, and shall be entitled to a certificate of title to such land under the provisions of this chapter.
VI.
In terms of administration, the NIPAS Act requires the creation of respective Protected Area Management Board (PAMB) which is a multi-sectoral and decision making body for each of the protected area established under the NIPAS. As of June 2011, there are one hundred seventy-eight (178) protected areas with organized/appointed Management Boards: 97 PAs with PAMB are proclaimed under the NIPAS (65 PAs are initial components and 32 PAs are additional areas). Out of the 97 proclaimed PAs with PAMB, 2 are under the management of Palawan Council for Sustainable Development (PCSD) and City Government of Puerto Princesa, 1 is under the Protected Areas and Wildlife Bureau
RA 7942 MINING ACT OF 1995 iii
(PAWB).73Onprotected the otherareas hand,areoutunproclaimed of the 178 protected areas with PAMB, initial components and 8 are proposed areas for proclamation under the NIPAS.
SEE END NOTES
VII.
With regard to the financing of the System, there are one hundred and forty-nine (149) protected areas with established Integrated Protected Area Fund (IPAF), of which 95 protected areas have active IPAF collections and utilization. As of June 2011, a total income of Php 204,824,951.22 has been generated by the System. On the same period, a total amount of Php 127,212,987.51 was utilized.
RA 7586 NIPAS iv
SEE END NOTES
Furthermore, there were sixty-eight (68) support policies issued by the DENR including the newly approved Revised IRR of the NIPAS Act.
National Integrated Protected Areas System Republic Act 7586 otherwise known as the National Integrated Protected Areas System (NIPAS) Act of 1992 provides the legal framework for the establishment and management of protected areas in the Philippines. The Law defines protected areas as the identified portions of land and/or water set aside by reason of their
In recognition of the importance of the biological diversity of the Philippines, several protected areas have been designated as World Heritage Sites (Tubbataha Reefs Natural Park and Puerto Princesa
unique physical and and biological significance, enhance biological diversity protected against managed destructiveto human exploration. The establishment and management of protected areas are part of the international commitments signed by the Philippine Government such Convention on Biological Diversity, Ramsar Convention, World Heritage Convention, Convention on Migratory Species, and the ASEAN Agreement on the Conservation of Nature and Natural Resources.
Subterranean RiverAgusan National Park), Ramsar Sites (Olango Island Wildlife Sanctuary, Marsh Wildlife Sanctuary, Naujan Lake National Park, and Tubbataha Reefs Natural Park), Transboundary Protected Areas (Turtle Islands Wildlife Sanctuary) and the ASEAN Heritage Parks (Mt. Apo Natural Park, Mts. Iglit-Baco National Park and Mt. Kitanglad Range Natural Park).
The implementation of the NIPAS Act is currently on its 19th year. It is implemented srcinally through DENR Administrative Order No. 25, Series of 1992. The said DENR Administrative Order was amended pursuant to DAO 2008-26 dated 24 December 2008. This Administrative Order sets the procedures for the establishment, administration, management and development of the System.
VIII.
READ END NOTES
The NIPAS Act identified 202 initial components comprising of proclaimed national parks, game refuge and wildlife sanctuaries, 12
RA 8391 IPRA v
Very truly yours, DEMETRIO G. DEMETRIA Acting Secretary
DOJ OPINION REGARDING CLASSIFICATION AND RECLASSIFICATION IX.
OPINION NO. 023, Series of 1995 March 17, 1995 Assistant Secretary Romulo D. San Juan Department of Environment and Natural Resources Visayas Avenue, Diliman Quezon City
X.
ART 419-425 CIVIL CODE (MEMORIZE 419-422)
CHAPTER 3 PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS
Sir: This has reference to your request for reconsideration of this Department's Opinion No. 169, s. 1993 which answered in the affirmative the query raised by that Department as to whether the prohibition in Section 4(a) of R.A. No. 6657 ("Comprehensive Agrarian Reform Law [CARL] of 1988") against the reclassification of forest lands applies to "unclassified public forest". This Department's aforesaid opinion is based on the premise that since the CARL made reference to "forest lands" without any qualification and considering that "forest lands" under the Revised Forestry Code (P.D. No. 705, as amended) include public forest, forest reserves and permanent forest, the prohibition against the reclassification of "forest lands" under the CARL should apply to unclassified public forest.
Art. 419. Property is either of public dominion or of private ownership. (338) Art. 420. The following things are property of public dominion: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (339a) Art. 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. (340a)
By way of reconsideration, however, you request us to take a second look stating that under the Revised Forestry Code, the term "public forest" refers to the mass of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not, and that our Opinion No. 169, s. 1993 could not have obviously treated unclassified public forest "as being included in the prohibition under the CARL" which is a prohibition against a reclassification of forest lands, and not against a classification in the first instance". We find your observations well-taken. The broad sweep of Opinion No. 169, s. 1993 needs to be clarified to obviate any misunderstanding as to its applicability.
Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. (341a)
Art. 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. (343) Art. 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. (344a)
Section 4(a) of the CARL provides: "Sec. 4(a) — . . . No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain." 1
Art. 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively.
The above quoted provision prohibits the reclassification of forest lands (or mineral lands) to agricultural lands until after Congress shall have, by law, determined the specific limits of the public domain. Indeed, the key word to the correct application of the prohibition in Section 4(a) is the word "reclassification". Where there has been no previous classification of public forest [referring, we repeat, to the mass of the public domain which has not been the subject of the present system of classification for purposes of determining which are needed for forest purposes and which are not] into permanent forest or forest reserves or some other forest uses under the Revised Forestry Code, there can be no "reclassification of forest lands" to speak of within the meaning of Section 4(a). Thus, obviously, the prohibition in Section 4(a) of the CARL against the reclassification of forest lands to agricultural lands without a prior law delimiting the limits of the public domain, does not, and cannot, apply to those lands of the public domain, denominated as "public forest" under the Revised Forestry Code, which have not been previously determined, or classified, as needed for forest purposes in accordance with the provisions of the Revised Forestry Code.
DISCUSSION GUIDE ON THE DIFFERENT TITLES TO LAND AND APPLICATION PROCESSES XI.
Discussion Guide I. Modes of Acquiring Title to Public Lands A. Ownership of land must be traced to a government land grant
1. Direct Grants (Homestead, Sales, Free Patent) - land is considered as public land; applicant is qualified; applicant must comply with the condition before the grant is awarded by the State and caused its registration. 2. Indirect Grants (Possession, Prescription, Accretion and Accession) – land becomes ipso facto, by operation of law, private lands; the state merely confirms the title during the proceedings where it is determined, during a court hearing that applicant has qualification and has complied with all the conditions necessary for confirmation of title
Based on the foregoing consideration, Opinion No. 169, s. 1993 is hereby clarified accordingly.
B. General Conditions Necessary for a Land Grant 1. Alienable and Disposable Lands
13
b) Under 1936 Constitution - 24 hectares c) Under 1973 Constitution - 24 hectares d) Under 1987 Constitution - 12 hectares
a) Under Act No. 928 (1903) - Confirmation of Imperfect Titles applied under Spain, Possession, deemed private lands, not subject to classification; public land disposition on lands suitable for agriculture
5. Qualification of Applicant
a) On Public Land
b) Under Act No. 2874 (1919) - Land classification of public land was introduced; classification of land as a legal object; private lands not subject to classification, land registration court makes determination
(1) Citizenship - Non-Citizen cannot own land; Free Patent requires that the applicant is natural born (2) Age - Homestead Head of Family (3) Corporations not allowed since 1973 to acquire public lands
c) Under Republic Act No. 3872 (1964) - Cultural minorities can have titles to Non A and D Lands
b) Confirmations of Private Lands
d) Under Presidential Decree No. 1073 (1977) - Confirmation of Titles Limited in A and D Lands only), Section 4. Domain as private property of IP.
(1) Citizenship - Non Citizen cannot register (2) Corporations - the land must be unregistered private lands when it was acquired;
f) Executive Department - mandate to classify (DENR)
C. Public Land Grants in Agricultural Lands
g) Congress - re-classify under Section 4 of CARL
1.Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act No. 141; Conditioned upon entry, occupation, improvement, cultivation (1/5 of the land), residency (1 year) and final proof within 5 years
e) Under Indigenous People’s Rights Act of 199 7 - Ancestral
h) Final forest line by Congress under 1987 Constitution i) DENR vs. Yap (G.R. No. 167707, October 08, 2008) extensively discussed landclassification in relation to land disposition
a) Homesteader cannot use share tenancy in complying with the conditions (1973) under Presidential Decree No. 152 b) Original homestead grantees or direct compulsory heirs who still own the srcinal homestead at the time of the approval of CARL keeps to retain the same areas as long as they continue to cultivate the homestead under Section 6 of RA No. 6657 as amended.
2. Surveyed and Delineated
a) No survey No title (1) Survey approval of the Director of Lands before title is issued Section 107,CA No. 141 (2) Survey approval of the Director of Lands of complex subdivision under Presidential Decree No. 957 (Subdivision and Condominium Buyers Protection Decree); National Housing Authority also has to approved; now LGU has to approve under the Local Government Code (RA No. 7160); implementation arrangement under EO No. 71, S. 1993 (LGU-HLURB)
2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141; conditioned upon appraisal, bidding, entry, cultivation and payment. 3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141; corporations can lease up to 1,000 hectares, private individuals up to 500 hectares; appraisal, bidding, entry, payment 4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act No. 141. Conditioned upon occupation/possession and payment of real property taxes for a certain period (latest amendment under Republic Act No. 6940; possession of 30 years prior to 1990); filing of application up to 2020 only (Republic Act No. 9176, Extending Free Patents)
b) DENR as the agency exercising direct control and supervision over survey of lands in the Philippines (Section 4, CA No. 141) (1) Survey Standards - Issues manuals and technical bulletins (2) Direct supervision - Inspection; verification; and approval of surveys c) LRA’s concurrent jurisdiction to approve simple subdivision of registered lands - Section 44, Act No. 496 (Land Registration Act) in relation to P.D. No. 957
D. Public Land Grants In Residential, Commercial, Industrial Lands
SECTION44. A registered owner holding one duplicate certificate for several distinct parcels of land may surrender it, with the approval of the court, and take out several certificates for portions thereof. So a registered owner holding separate certificates for several distinct parcels may surrender them, and, with like approval, take out a single duplicate certificate for the whole land, or several certificates for the different portions thereof. Any owner subdividing a tract of registered land into lots shall file with the clerk a plan of such land, when applying for a new certificate or certificates, and the court, before issuing the same, shall cause the plan to be verified and require that all boundaries, streets, and passageways shall be distinctly and accurately delineated thereon. certain period (latest amendment under Republic Act No. 6940; possession of 30 years prior to 1990); filing of application up to 2020 only(Republic Act No. 9176, Extending Free Patents)
1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth Act No. 141; appraisal; bidding; entry; introduction of improvements; and payment 2. Republic Act No. 730(1952) as amended by Presidential Decree No. 2004– any citizen of legal age, not the owner of a home lot in the municipality or cit; in good faith established his residence on a parcel; not needed for the public service; private or direct sale (appraisal but no bidding); not more than one thousand square meters; occupants has constructed his house on the land and actually resided 10% annual payment upon approval balanceonmay be paid in full, ortherein. in ten equal installments; restriction transfer 15 years; removed under PD No. 2004 (1985) 3. Batas Pambansa Bilang 223(1982) - any citizen, not a registered owner of a residential land in a municipality, has been actually residing on, and continuously possessing and occupying, under a bona fide claim of acquisition of ownership, paid all the real estate taxes thereon since June 12, 1945, and not to exceed 3,000 sqm; not in cities, in capitals of provinces, in first class, second class third class, and fourth class municipalities, and in townsite reservations; (law expires in 1987)
d) Cadastral Surveys - Director of Lands surveys entire municipality before institution of cadastral proceedings under Act No. 2259 (presently incorporatedunder PD No. 1529); involuntary e) Isolated Surveys - not cadastral, piecemeal, for land disposition and registration
4. Republic Act No. 10023 (2010)- any citizen; actual occupant, resided under a bonafide claim of ownership for 10 years; land not needed for public service and/or public use; all lands zoned as residential; townsites included; delisted military reservation or abandoned military camp included; actual survey; two supporting affidavits of disinterested person(residents)
3. Not for Public or Quasi-Public Use or Appropriated by the Government 4. Area limitation under the Constitution and the law
a) Under the Philippine Bill of 1902 - 16 hectares 14
a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. All other lands owned by the Government devoted to or suitable for agriculture; and All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.
E. Restrictions
1. Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123) 2. Presidential Decree No. 2004 (Section 2)33 3. Republic Act No. 10023 (Section 5) F. Under Presidential Decree No. 1521
1. General consideration: Title was obtained not by registration but by operations of law under the assumption that the occupant of the land is qualified and has complied with the conditions set forth. The title is vested to the ipso facto but it has to be confirmed by the State and registered.
2. Retention Limits Land Area- Retention by the landowner exceed five (5) hectares. (1) Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm.
2. Section 14, Paragraph (a)- Open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier; in 1976 all holders of Spanish titles or grants should apply for registration of their lands under Act No. 496 within six (6) months afterwards Spanish titles cannot be used as evidence of land ownership in any registration proceedings under the Torrens system P.D. No. 892; In 1977 lands that are not declared alienable and disposable are no longer included however long the possession; judicial confirmation of incomplete titles to public land based on unperfected Spanish under the laws and royal decrees in force prior to the transfer or sovereignty from Spain to the United States are disallowed (Presidential Decree No. 1073);
(2) Landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the area srcinally retained by them thereunder; (3) Original homestead grantees or direct compulsory heirs who still own the srcinal homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead.
3. Section 14, Paragraph (b) 2- Those who have acquired ownership of private lands by prescription under the provision of existing laws; prescription of thirty (30) years begins from the moment the State expressly declares that the public dominion property is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial; (Heirs of Malabanan v. Republic of the Philippines, G.R. No. 179987, April 29, 2009; Heirs of Rizalino, 2 Section 14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of the Civil Code. G.R. No. 172011, March 7, 2011; Republic of the Philippines vs. East Silverland Realty Development Corporation; G.R. No. 186961, February 20, 2012; Tan, et al. vs. Republic of the Philippines, G.R. No. 193443, April 16, 2012). In Malabanan, period of possession before
3. Ceiling Beneficiaries Land Area- Not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. A landless beneficiary is one who owns less than three (3) hectares of agricultural land. 4. Transferability of Awarded Lands- Cannot be sold, transferred or conveyed for ten (10) years; except: a) Hereditary succession; b) To the government c) To the Land Bank d) Other qualified beneficiaries through the DAR for a period of ten
declaration and is tacked in counting prescription but the land is A andofDA at theDtime of application.
(10) years: 5. Repurchase - Children or the spouse of the transferor within a period of two (2) years (Sold to the Government and Land Bank)
4. Section 14, Paragraph (c)- Right of accession or accretion;
6. Collective Title - Option provided that the total area that may be awarded shall not exceed the total award limit of all beneficiary. Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. If the certificates of land ownership award are given to cooperatives then the names of the beneficiaries must also be listed in the same certificate of land ownership award.
a) Ownership over the accretion received by the land adjoining a river is governed by the Civil Code; but land has to be registered otherwise it can be lost by reason of prescription and/or occupation of others (Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962); b) Article 457 of Civil Code to 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; Law Of The Waters the accretion resulting from the gradual deposit by or sedimentation from the waters belongs to the owners of the land bordering on streams, torrents, lakes, or rivers; (Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908);
7. Exemptions and Exclusions.(Section 10, RA No. 6657) a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves; private lands used for prawn farms and fishponds; lands used and necessary for national defense, school sites and campuses, public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and convents appurtenant, mosque
c) By law, accretion - the gradual and imperceptible deposit made through the effects of the current of the water belongs to the owner of the land adjacent to the banks of rivers where it forms. The drying up ofto the is as notproperty accretion. Hence,dominion, the dried-up river bed belongs theriver State of public not to the riparian owner; they are not open to registration under the Land Registration Act. The adjudication of the lands in as private property is null and void (Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984; Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453) 5. Section 14, Paragraph (d) - Those who have acquired ownership of land in any other manner provided for by law.
sites and Islamic and cemeteries, penalcenters, coloniescommunal and penal burial farms grounds actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed. II. Jurisdiction, Procedure, Process A. Patents
1. The power to dispose public lands is under the DENR as provided by Commonwealth Act No. 141 in relation to Executive Order No. 192.
G. Under IPRA Law
1. Identification and delineation of Ancestral Domain 2. Issuance of Ancestral Domain Certificate of Title 3. Ancestral Domain and the Regalian Doctrine (Cruz vs. DENR Secretary)
2. DENR provides for the rules and regulations regarding the disposition of public lands including the procedures for the processing of public land applications. (Section 5, PLA; Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706)
H. Under CARP Law (UPAL) 1. Coverage (Section 4 of of Republic Act No. 6657, as
amended by Section 3 of Republic Act No. 9700) 15
shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.
3.The Authority to Determine the Conflicting Claims of Applicants and Occupants (Section 102, PLA) 4. DENR a quasi-judicial tribunal; has exclusive jurisdiction over the disposition of lands of the public domain in the absence of specific legislation to the contrary. ; subject to judicial review in case of fraud, imposition or mistake, other than error of judgment in estimating the value or effect of evidence (see Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934; Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No. L-5622, December 29, 1952; Mauleon vs. Court of Appeals, G.R. No. L-27762, August 7, 1975) 5. Authority to Sign Patents - General Rule President as Chief Executive; under E.O. No. 192 (1987) reorganizing and the integration of the different Bureaus under the in the Regional/Field Office Set-up, the Secretary of the newly organized DENR was given a general mandate to implement public land laws, with powers to delegate includes the power to sign patents and to delegate the same to such officers as he may deem fit. At present, up to 5 hectares (PENRO), more than 5 but not exceeding 10 (RED), in excess of 10 (Secretary)
B. Confirmation/Registration Proceedings
1. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. 2. Power LRA a) See Section 6 of PD 1529 b) Register of Deeds, see Section 10 of PD 1529 3. Ordinary vs. Cadastral Proceedings
6. Processes and procedure are governed by administrative orders, circulars and manuals; but in general:
a) Ordinary is isolated and voluntary b) Cadastral is mass and compulsory
a) Survey of the Land (Check A and D; Check if Titled; Check other claims); if land is already surveyed; check survey record DENR
4. Procedure is provided under PD No. 1529, voluntary registration (See Section 14 to 30 PD No. 1529); in brief
b) Filing of Application (CENRO) for Personal Qualification to own (1) Examination of the Applicant public land (Check nationality; check total landholding public grant) (2) Examination and Inspection of the Land - Check land allocation record book; Check use and purpose; agricultural, residential, etc. (land patents)
a) Filing of the application(Regional Trial Court, BP No. 129) b) Order setting the date and hour of the Initial hearing which shall not be earlier than forty-five days nor later than ninety days from the date of the order.
(3) Prepare Inspection report - Public Land Inspector; approval of Land Management Officer;
(1) Publication; (2) Mailing; and (3) Posting.
(4) Approval of application - (CENRO Approves application
d) Filing of Opposition- Any person claiming an interest may appear and file an opposition on or before the date of initial hearing or anytime as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party; the remedy desired; signed and sworn;
c) Publication
(a) If FP Patent is prepared at the CENRO for signing of the PENRO (b) If Homestead - entry permit i) Final Proof ii) Re-investigation and preparation of Re-investigation report, (Cultivation, residency, etc) iii) Patent is prepared and transmitted to PENRO for approval and signing
e) Default - If no person appears and answers, upon motion of the applicant court maythe order a default to be recorded and require the applicant to present evidence. But when an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer.
(c) If Sales - appraisal and bidding i) Payment ii) Investigation report (Improvements, cultivation, full-payment, etc) iii) Patent is prepared and transmitted to PENRO for approval and signing (5) Approval and signing of Patents
f)Referee/Commisioner- The court may refer the case or any part to a referee; hearing at any place within the province; submit his report thereon to the court within fifteen days after the termination of such hearing. Court may adopt the report or set it aside for further proceedings;
(6) Transmission to the Register of Deeds (See Section 103, PD No. 1529)4 Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It
g) Partial Judgement -All conflicting claims of ownership and interest in the land subject of the application determined by the court but the court may render partial 16
judgement where only a portion of the land is contested.
punished by a fine of not more than one thousand pesos or by imprisonment for not more than one year, or both.
h) Judgement - Within ninety (90) days from the date the case is submitted for decision. The Court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land. Becomes final upon the expiration of thirty (30) days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.
6. Cadastral Court Proceedings:
a) Petition - After the survey the DENR thorough the Solicitor General shall institute srcinal registration proceedings by filing a petition in Regional Trial Court of the place where the land is situated against the holders, claimants, possessors, or occupants of such lands stating that such titles to the land be settled and adjudicated. b) Contents: (1) A description of the lands and shall be accompanied by a plan; and
i) Issuance of Decree- After judgment has become final and executory, the court issue an order to LRA for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration.
(2) May contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.
5. Cadastral Registration Proceedings
(3) Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries of the parcels (4) The parcels shall be known as "lots" and shall on the plan filed in the case be given separate numbers by the Director of Lands, which numbers shall be known as "cadastral lot numbers".
a) Survey of the Land (1) Purpose: For adjudication and settlement of title to any unregistered lands direct; (2) Order the Director of Lands to cause a cadastral survey of the lands and the plans and technical description be prepared.
(5) The lots situated within each municipality shall be numbered consecutively beginning with number one and only one series of numbers shall be used. However in cities or townsites, a designation of the landholdings
b) First Notice - Notice to persons claiming any interest in the lands as well as to the general public of the survey, giving as fully and accurately as possible the description of the lands
by blocks andbylot numberslot may be employed instead of the designation cadastral numbers.
(1) By Publication once in the Official Gazette (2) Posting in a conspicuous place on the bulletin board of the municipal building of the municipality in which the lands or any portion thereof is situated.
(6) The cadastral number of a lot shall not be changed after final decision has been entered decreasing the registration thereof, except by order of court. Future subdivisions of any lot shall be designated by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective subdivisions pertain. The letter with which a subdivision is designated shall be known as its "cadastral letter": Provided, however, that the subdivisions of cities or townsites may be designated by blocks and lot numbers.
(3) Notice to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned. c) Second Notice - Notice of the date on which the survey of any portion of such lands by posting in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated by the GE or DENR.
7. Answer - Any claimant in cadastral proceedings, whether named in the notice or not, shall appear before the court and shall file an answer on or before the date of
d) Duty of the G.E. (1)To enter upon the lands for the purpose of the survey; and (2)To mark the boundaries of the lands by monuments set up in proper places thereon. e) Duty of the claimant/s- communicate with the Geodetic Engineer upon his request for all information possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.
initialand hearing court shall or within such further time as may be allowed by the state: a)Marital status; b)Name of the spouse and the date of marriage, c)Nationality d)Residence and postal address, and e)The age f)The cadastral number of the lot or lots claimed g)The name of the barrio and municipality in which the lots are situated; h)The names and addresses of the owners of the adjoining lots so far as known to the claimant; i) If the claimant is in possession of the lots claimed and can show no express grant of the land by the government, the answer shall state the length of time he has held such possession and the manner in which it has been acquired
f)Penalty: Any person who shall wilfully obstruct the making of any survey undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the placing of any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land pursuant to law, shall be 17
j) If the claimant is not in possession or occupation of the land, the answer shall fully set forth the interest claimed by him and the time and manner of his acquisition; k)If the lots have been assessed for taxation, their last assessed value; and l) The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as known.
1. Deed Registration - the deed itself, being a document which describes an isolated transaction, is registered. This deed is evidence that a particular transaction took place, but it is in principle not in itself proof of the legal rights of the involved parties and, consequently, it is not evidence of its legality. Thus before any dealing can be safely effected, the ostensible owner must trace his ownership back to a good root of title. 2. Title Registration - it is not the deed describing the transfer of rights but the legal consequence of the transaction or the right itself that is registered. With this registration the title or right is created. This system shifts the balance significantly towards facility of transfer. It provides a public register of interests in land and enables a purchaser who complies with the system to acquire ownership free of a prior interest which is not recorded in the register.
8. Hearing - The trial of the case in a place within the province in which the lands are situated; a) Orders for default and confessions entered, in the same manner as in ordinary land registration proceedings and shall be governed by the same rules.
3. Deed registration is concerned with the registration of the legal fact and while title registration is concerned with the legal consequence of that fact. In other words, the relation between deed and title registration is similar to the relation between legal facts and legal consequences.
b) All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to parts thereof and such decrees shall be the basis for issuance of srcinal certificates of title in favor of said persons
E. Land Adjudication and Land Registration (Registration of Title)
1. Adjudication is the first function that the system of land registration has to fulfill. It is the most common form of first or srcinal registration. In most cases it is called land titling. It deals with the initial compilation of land titles in the registers through the determination of tenurial right holder to the land.
c) Same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings.
F. Subsequent Transactions and Transfers of Right (Registration of Deeds)
Discussion Guide on Land Registration and the Torrens System XII.
1. Takes place when a deed or instrument affecting land is made of public record after the date of its srcinal registration.
I. General Concepts in Land Registration
2. Simple transfer of rights- a person takes the interest of person in a property unit as the same well-defined parcel.
A. Importance of Land Registration –
1. Provide order and stability in society by creating security in property ownership not only for landowners but also for investors, bankers, government, etc.
of rights with property 3. Transfers - The transaction caused the formation of a newchanges property unit. In this kind of transfer the property as a unit and not only the interest on the property changes as a result of the transfer. This means that the existing registers have to be updated due to subsequent changesin the boundaries of the parcel by reason of subdivision or consolidation of the property. This changes are caused by subdivision or consolidation of land and involves an elaborate procedure of delineation of the new property unit/s. The new owner or his interest will have to be connected to the newly formed parcels.
2. The systems of land registration are frequently directed at protecting the interests of individual landowners but they are also instruments of national land policy and mechanisms to support economic development. B. Function of Land Registration
1. Every land administration system should include some form of land registration, which is a process for recording, and in some countries guaranteeing, information about the ownership of land.
G. General Legal Principles in Land Registration
1. The Booking - a change in real rights on an immovable property, especially by transfer, is not legally effected until the change or the expectedright is booked or registered in the land register;
2. Land registration is a process of official recording of rights in land through deed or as title on properties. It means that there is an official record (land register) of rights on land or of deeds concerning changes in the legal situation of defined units of land. It gives an answer to the questionswho and how. In some country’s, this information regarding ownership of identifiable parcel units are contained in a cadastre
2.The Consent - the real entitled person who is booked as such in the register must give his consent for a change of the inscription in the land register; 3.The Publicity - the legal registers are open for public inspection, the published facts can be upheld as being correct by third parties in good faith andcan be protected by law; and
3. The function of land registration is to provide a safe and certain foundation for the acquisition, enjoyment and disposal of such rights in land.
4.The Specialty - the concerned subject (owners and rights holders) and object (real property defined as a parcel) is unambiguously and clearly identified.
C. Meaning of Registration
1. In general, registration means any entry made in the books of the registry including the cancellation, annotation and even the marginal notes.
H. Effect of Registration in the Torrens System
1. The Mirror Principle- the register is supposed to reflect the correct legal situation on the parcel;
2. In its strict sense, it is the entry made in the registry which record solemnly and permanently the rights of ownership and other real rights.
2. The Curtain Principle- no further historical investigation on the title beyond what is stated register is necessary; and
3. The mere presentation of a document is not equivalent to registration.
3. The Insurance or Guarantee Principle- the State guarantees that what is registered is true for third parties in good
D. Title and Deed System Distinguished
18
faith and that a bona fide rightful claimant who is contradicted by the register is reimbursed from an insurance fund of the state.
c) A certificate of title shall not be subject to collateral attack. It cannot be altered, modified or cancelled except in a direct proceeding in accordance with law (Section 48, PD No. 1529) d) Case Law: Where innocent third persons relying on the correctness of the certificate of title issued, acquire rights over the property, the court cannot disregard such rights and order the total cancellation of the certificate for that would impair the public confidence in the torrens system. (Soliven v. Francisco, GR No. 51450, Feb. 10, 1989; Duran v. IAC, GR No. L64159, Sep. 10, 1985)
II. Torrens System A. Background B. Purpose of the Torrens System in General
1. One is to provide security of ownership, that is, it should protect an owner against being deprived of ownership except by his or her own act or by specific operation of a legal process such as expropriation or debt collection.
e) Exceptions: (1) Statutory Liens and Restrictions
2.Provide facility of transfer, that is, it should enable anyone, particularly a purchaser, to acquire ownership easily, quickly, cheaply and safely. Unfortunately, the measure designed to achieve one of these purposes is likely to militate against achieving the othe
(a) Liens, claims or rights under the law which are not required to appear of record in the Registry of Deeds
C. Aims of the Torrens System
(c) Public high ways/canals or private way if the title does not state that the boundaries of such highway have been determined
(b) Unpaid real estate taxes levied and assessed within 2 years
1. Title to land should be acquired by registration; (d) Disposition pursuant to agrarian reform law
2. Title to land should be, as far as possible, secure and indefeasible;
(e) Registered land are subject to burdens and incident as any arise by operation of law.
3. A purchaser should not need to go behind the register to investigate the “root” ofthe title;
(f) Registered owners not relieved of the following incident on land.
4. The register should reflect as accurately as possible the true state of title to land so that persons who propose to deal with land can discover all the facts relative to the tile;
i) Rights incident to marital relation; ii) Landlord and tenant
5. The system for the transfer of land should be efficient, effective and simple; and
iii) Liability to attachment or levy on execution
6. There should be an adequate compensation where an innocent purchase owner has suffered loss due to the operation of the system.
iv) Liability to any lien of any description established by law on the land and the buildings
D. Torrens System in the Philippines
v) Change the laws of descent vi) Rights of partition between co- owners
1. Mirror Principles
vii) Right to take the same by eminent domain
a) Original Registration
viii) Liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences
(1) Through Court Registration Proceedings Confirming Title to Land
ix) Change or affect in any way other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided in this Decree.
(a) Ordinary (Chapter III, Part 1) - Voluntary (b) Cadastral (Chapter III, Part 2) - Compulsory
(g) Restrictions on Patentsi)
(2) Through Registration of Patents Issued by the Government (Section 103,PD 1529)
In General - free patents and homestead patents issued by the government are subject to restrictions regarding transfer and mortgage under Sections 118, 119, 120, 121 and 122 of the present Public Land Act. Sales patents on the other hand are covered by Sections 121 and 122. A qualified restrictions on all patents sold be national cultural minorities are covered by Section 120. Republic Act No. 730 that provides for the direct sale of
b) Identification of Owners and Tenure Holders
(1) Statement of personal circumstances in the certificate. (Section 45 of PD No. 1529)
residential lands has on transfer encumbrance 15 years, however, therestrictions same was removed by and Presidential Decreeof No. 2004 in 1985 declaring that paragraph 2 of the said law is too onerous and prevents utilization of the land. Republic Act No. 10023 altogether removed the restrictions that are attached to Free Patents under Section 5. The policy of the government recently is to encourage he development of formal land market by making the titles to the land tradable.
c) Identify of the Land
(1) Survey of the land before registration (Section 15 for srcinal voluntary registration and Section 35 and 36 for Cadastral) (2) Approval of the subdivision survey of the land before issuance of new derivative titles; (Section 50, PD No. 1529) 2. Curtain Principle
ii) All public land patents issued to applicants does not convey title to all kinds of mineral resources as the same remain to be property of the State. (Section 110, PLA)
a) Every registered owner receiving a certificate of title in pursuance of a decree of registration and every subsequent purchaser of registered land taking a certificate of title for value and in good faith holds the same free form all encumbrance except those noted in the certificate. (Section 44, PD No. 1529);
iii) The land patented shall likewise be subject to public servitudes that exist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable rivers (Section 111, PLA).
b) No title to registered land in derogation of the title of the registered owner shall be acquire by prescription. (Section 47, PD No. 1529)
iv) The state likewise reserves a right of way not exceeding sixty (60) meters for public highways, railroads, irrigation, ditches, 19
aqueducts, telegraph and telephone lines and similar works as the government or any public or quasi-public service or enterprise including mining or forest concessionaires, may reasonably require for carrying on its business, with damages to improvements only.
(5) Reversion - restoration of public land fraudulently awarded or disposed of to the mass of the public domain (a) Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III of the Administrative Code of 1987 (EO No. 292); Action for reversion is instituted by the Solicitor General. (b) Grounds: Violation of the Constitution
v) Republic Act No. 1273 amended Section 90 of the PLA and provided that a strip forty (40) meters wide starting from the bank on each side of any river or stream that may be found on the land patented shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value, and that the grantee shall not make any clearing thereon or utilize the same for ordinary farming purposes even after patent shall have been issued to him or a contract of lease shall have been executed in his favor.
(6) Caveat Emptor -Although it is a recognized principle that a
person dealing with registered land need not go beyond its certificate of Title, it is expected from the purchaser of a valued property to inquire first into the status or nature of possession of the occupant, whether or not the occupants possess the land en concepto de dueño, in concept of an owner. (a) The rule of caveat emptor requires the purchasers to be aware of the supposed title of the vendor and one who buys without checking thevendor’s title takes all the risks and losses consequent to such failure. Possession by people other than the vendor wihtout making inquiry, cannot be regarded as bona fide purchaser in good faith. (Dacasin v. Court of Appeals, GR No. L-32723, Oct 28, 1977, Roxas v. Court of Appeals, GR No. 138660, February 5, 2004).
(2) Deferred indefeasibility
(a) In Decree - the case cannot be reopened except if such decree was obtained by actual fraud, action should be filed within 1 year after the issuance of decree. (Section 32) (b) In Patents - the date of the issuance of patents corresponds to the date of the issue of the decree in ordinary registration cases, because the decree finally awards the land applied for registration to the party entitle to it and the patent issued by the Director of Lands equally and finally grants, awards and conveys the land applied for to the applicant. The purpose and effect of both the decree and the paten is the same
(b) Generally, circumstances which would have reasonably require the purchaser to investigate defects in title (Caram v. Laureta, GR No. L-28740, Feb. 24, 1981) (c) Rule applies to mortgages of real property (Crisostomo v. Court ofAppeals, GR No. 91383, May 31, 1991) (7) Faulty Registration
(Case Law: Sumail vs. Judge CFI of Cotobato, GR No. L-8278, April 30, 1955)
(a) A certificate of title is not conclusive where it is a product of a faulty registration. (Widows and Orphans Associations, Inc. v. Court of Appeals, GR No. 919797)
(c) Exception to the exception- If the property was acquired by an innocent purchaser for value, then the one year period will not apply.
3. Insurance Principle -Section 93 to 102 of PD No. 1529 The
(3) Reconveyance
Assurance Fund is an indemnity fund created for the purpose of compensating a person who sustains loss or damage, or is deprived of land or any interest therein in consequence of the bringing of the land under the operation of the
reconvey the land to him.
Torrens system after srcinal of themistake land, or through fraud ororinarising consequence of anyregistration error, omission, misdescription in any certificate of title or in any entry or memorandum in the registration book. The Fund is sourced from the amount collected by the register of deeds upon the entry of a certificate of title in the name of registered owner, as well as upon the srcinal registration on the certificate of title of a building or other improvement on the land covered by said certificate equivalent to one-fourth of one per cent of the assessed value of the real estate on the basis of the last assessment for taxation purposes. All the money received by the register of deeds shall be paid to the National Treasurer who shall keep the same in an Assurance Fund which may be invested in the manner and form authorized by law.
(a) A legal and equitable remedy granted to the rightful land owner of land which has been wrongfully or erroneously registered in the name of another for purpose of compelling the latter to transfer or (b) Prescription of Action for Reconveyance
i) Action base on Fraud - 10 years from the issuance of title or date of registration of deed. (Caro v. CA, GR No. 76148, Dec. 201989; Leyson v. Bontuyan, GR No. 156357, Feb. 18, 2005; Casipit v. CA, GR No. 96829, Dec. 9, 1991) ii) Action base on implied trust - 10 years after issuance of title or date of registration (Villagonzalo v. IAC, GR No. 71110, Nov. 22, 1988; Amerol v. Bagumbaran) iii) Action base on void contract - Imprescriptible (Solid State Multi-Products Corp. v. CA GR No. 8338, May 6, 1991)
4. Booking Principle
iv) Action based on fictitious deed - imprescriptible (Lacsamana vs. CA, GR No. 121658, March 27, 1988)
a) The act of registration from the time of such registering, filing or entering before the register of deeds is the constructive notice and operative act to affect land that affects third persons (Sections 5152).
v) Action to quiet title - imprescriptible when in possession (Sapto v. Fabiana, GR No. L-11285, May 16, 1958; Caragay-Layno v. CA GR No. 52064, Dec. 26, 1984; Leyson vs. Buntuyan)
b) Presentation of owner’s duplicate necessary to transact voluntary registration (Section 54).
vi) Laches - is one of estoppel because it prevents people who have slept on their rights from prejudicing the rights of third parties who have placed reliance on the inaction of the srcinal patentee and his successors in interest (Lucas vs. Gamponia, GR No. L-9335, Oct. 31, 1956)
c) Registration of the transaction in the primary entry book (Section 53). 5. Publicity
a) Notice Requirement in Original and Cadastral proceedings publication, mailing and posting. b) Certified copies of all instruments filed and registered may also be obtained from the Register of Deeds upon payment of the prescribed fees. (Section 56)
vii) Res Judicata - Court cancels the title (Roxas v. Court of Appeals, GR No. 138660, Feb. 5, 2004) viii) State not bound by prescription(Republic v. Ruiz, GR No. L-23712, April 29, 1968)
III. Registration of Title - See Discussion on Procedure (Administrative and Judicial)
(4) Laches - There is no statutory limit for recovery of a registered land. Since 1961, in the case of Edralin vs. Edralin (January 28, 1961, 1 SCRA 22), a long list of cases were decided upholding the doctrine. A word of caution, however, is necessary because the Supreme Court has decided on a case by case basis and it has not categorically set a specific time which could serve as a precedent.
IV. Registration of Deeds A. Meaning - Registration of Deeds and other Instruments or
subsequent registration takes place when a deed or instrument 20
affecting land is made of public record after the date of its srcinal registration. Thus, the registration of a sale, mortgage, lease, attachment, notice of levy or other encumbrances falls within the purview of subsequent registration.
d) Certification from the LGU Treasurer that the property is not delinquent in the payment of real estate taxes in case of alienation, transfer or encumbrance of real property (Sec. 209, RA 7160, LGC1991);
B. Kinds of Deed Registration- deed registration is either voluntary of involuntary registration of instruments. 1. Voluntary - are contracts or agreements willfully executed by the land owner or his duly authorized representative such as sales, leases, mortgages, donations, exchanges, trusts or variations thereof affecting real estate.
e) Certification for the LGU Treasurer that the land transfer tax due on the transaction has been paid in case of sale, donation, barter or any other mode of transferring ownership or title of real property (Sec. 135, LGC 1991);
2. Involuntary - refers to those executed against the will or without the consent of the landowner contrary to his interest or will affect him adversely such as attachments, levy on execution, adverse claim, lis pendens and other liens.
f) Clearance from Department of Agrarian Reform and Affidavit of Total Landholdings by the vendee in case of sale of agricultural lands; g) An Order fro the DAR Regional Director approving the sale in case the property sold is covered by an EP;
C. Registration of Voluntary Transactions
h) Duly approved subdivision plan and its corresponding Technical Description where the property to be titled by virtue of the transaction is a resulting lot of a subdivision;
1. Compliance with the essential requisites of a contract
a) Consent - meeting of the minds; b) Object Certain - subject of the contract; within the commerce of man and lawful; and
i) Special Power of Attorney - if the transaction is through an agent;
c) Cause - consideration; prestation, services, benefits, pure beneficence or liberality.
j) Court Order - if made through a guardians or administrators; and k) For Corporations - Secretary’ Certificate or a copy of the Board Resolution authorizing the transaction (sale, purchase, exchange) designating the officer authorize to sign the deed.
2. Observance of the “Formal requirements” of a public instrument
a) When the law requires that some contracts be in some form in order for it to be valid or enforceable, i.e. must be in writing (agreements in marriage, lease
4. Performance of the jurisdictional requisites for registration
of more than one year, agency to sell real property, donations intervivos, etc.)
a) Entry of the document in the primary entry book
b) The contract must be executed in the form of a public instrument;
b) Payment of entry and registration fees c) Production of the owner’s duplicate of title
c) Signed by the person/s executing the same; D. Registration Procedure in Voluntary Registration in General
d) In the presence of two witnesses who shall likewise sign and acknowledge to be their free act and deed of the parties;
1. Entry of the document in the primary entry or day book, accompanied by all supporting documents applicable to the transaction;
e) Before a notary public or other public officer authorized by law to take acknowledgement.
a) Section 56 of PD 1529 require each register of deeds to keep a primary entry book where all instruments relating to registered land shall be entered in the order of their reception. Entry in the day book is the preliminary step in registration. The annotation of memorandum or the issuance of a new
f) All pages of the deed must be signed. g) The documents presented shall contain the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming interest; and h) Must state marital status and name of wife/husband if married.
certificate of title is the final step to accomplish registration. While the preliminary step and the final step may not be accomplished in the same day, this however, is of no consequence because if actual registration is accomplished its effect retroacts to the date of entry in the day book. Thus, it has been held that when a sale is registered in the name of the purchase registration takes effect on the date when the deed was noted in the entry book and not when final registration was accomplished.
3. Submission of supporting documents for certain transactions before registration as provided by special laws
a) Certified true copy of the Tax Declaration in transaction involving transfer of ownership; b) Certificate Authorizing Registration (CAR) or Certificate of Exemption from the BIR in case of sale, exchange or other disposition of real property;
b) To be noted in this book is the date, hour and minute of reception of all instrument in the order they were received.
c) Certification from the BIR that the documentary stamp tax has been paid;
c) Documents executed in a foreign country should be acknowledged before a 21
Philippine diplomatic or consular official. If acknowledged before a foreign notary public, it should be authenticated by the Philippine diplomatic or consular official before it can be registered.
barter and other conveyances, the register of deeds shall make out in the registration book a new certificate of title to the grantee and shall prepared and
d) All supporting documents applicable to the transaction should also be submitted together with the basic instruments. 2. Payment of the entry and registration fee
duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by
a) Upon entry of the document, the corresponding entry and registration fees should be paid. In default of payment, the entry in the primary entry book will ipso fact become null and void.
duplicate of
deliver to him as owner an owner’s certificate, noting the srcinal and owner’s
number to the last preceding certificate. The srcinal and owner’s the grantor’s certificate shall be stamped “cancelled”.
c) In case the instrument does not divest the ownership or title from the owner or from the transferee of the registered owner, now new certificate of title shall be issued. The instrument creating such interests less than ownership shall be registered by a brief memorandum thereof made by the register of deeds upon the certificate of title and signed by him. The cancellation or extinguishment of such interests shall be registered by a brief memorandum thereof made the the register of deeds upon the certificate of the title and signed by him. The cancellation or extinguishment of such interests shall be registered in the same manner. In case the conveyance affects only a portion of the land described in the certificate of title, no new certificate shall also be issued until a plan of the land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been verified and approve. The instrument shall only be registered by annotation on
3. Surrender of the owner’s duplicate certificate an d al co-owner’s
duplicate if any had been issued.
a) No voluntary instrument shall be registered by the registry of deeds, unless the owner’s duplicate certificate is presented with such
instruments, except in cases expressly provided for in PD 1529 or upon order of the court, for cause shown. b) If co-owner’s duplicate certificates has been issued, all outstanding certificates so issued shall be surrendered whenever the register of deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein 4. Examination of the document, certificate of title and supporting papers by the “deeds examiner”.
the grantor’s title and its owner’s duplicate. Pending approval of
a) Registrability deeds examiner of an instrument is initially determined by the the registry. If the document is found to comply with all requirements the examiner recommends its registration to the register of deeds. Otherwise, he recommends denial of registration.
the plan,registration no further or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be affected, except where such unsegregated portion was purchase from the government or any of its instrumentalities.
b) The deeds examiner, on his own, is generally not allowed to register or deny registration.
d) Should there be subsisting encumbrance or annotation on the grantor’s title,
they shall be carried over and stated in the new certificate of title except so far as they may be simultaneously released or discharged.1
5. Review by the Register of Deeds of the action taken by the “deeds examiner”.
a) The authority to register or deny registration being lodge with the register of deeds, he is required to review the action taken by the deeds examiner.
E. Involuntary Registration 1. Attachment and Execution
a) Nature, Concept and Purpose- a juridical institution which has for its purpose to secure the outcome of the trial; the chief purpose is to
b) He may either adopt, alter, modify or reverse such action depending upon his own appraisal of registrability of the instrument filed for registration.
secure a lien on defendant’sproperty until plaintiff can, by contingent appropriate proceedings, obtain a judgment and have a property applied to tis satisfaction or to make some provision for unsecured debts in case where the means of satisfaction thereof are liable to be removed beyond the jurisdiction or improperly disposed of or concealed or otherwise placed beyond he reach of creditors.
6. Registration of the document or denial of registration by the register of deeds. a) If the register of deeds finds that the document presented complies with all the requisites for registration, it is his duty to immediately register the same. If the instrument is not registrable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of P.D. 1529
b) Kinds of Attachments
(1) Preliminary Attachment- issued at the institution or the during the progress of an action commanding the sheriff or other proper officer to
b) Where the documents conveys the simple title, such as in sales, donations, 22
attach property rights, credits or effects of defendant to satisfy the demand of plaintiff; an auxiliary remedy and cannot have an independent existence apart form the main claim
granted by the 1936 Constitution are respected. B. Two (2) laws were enacted to implement the rules regarding exceptions of former natural born citizens to own land. 1. Batas Pambansa Bilang 185 on residential lands; and 2. Republic Act No. 8179 on commercial and industrial lands, amending certain provisions of the Foreign Investment Act of 1991.
(2) Garnishment - attachment for credits belonging to the judgement debtor and owing to him from a stranger to the litigation; does not usually involve actual seizure of the property; (3) Levy on execution - is the attachment issued to enforce the writ of execution of a judgment which has become final and executory.
XIII.
FREE PATENT AMENDMENT
Republic Act No. 6940
2. Registration of Attachments and Execution a) Statutory Provisions- Section 69 of PD 1529 and Section 7,
March 28, 1990
AN ACT GRANTING A PERIOD ENDING ON DECEMBER 31, 2000 FOR FILING APPLICATIONS FOR FREE PATENT AND JUDICIAL CONFIRMATION OF IMPERFECT TITLE TO ALIENABLE AND DISPOSABLE LANDS OF THE PUBLIC DOMAIN UNDER CHAPTERS VII AND VIII OF THE PUBLIC LAND ACT (CA 141, AS AMENDED)
Rule 57 of the Rules of Court
b) Documents to be Registered
(1) Writ of Attachment or Execution; (2)Notice of Attachment or levy on the execution; and (3) Description of the Property;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
c) Forms and Contents
(1) The Notice of Attachment or levy on execution should contain a reference to the number of the Certificate of Title, the volume and page of the registration book where the certificate is registered and the name of the registered owner; not applicable in case of unregistered lanD. (2) If the attachment is not claimed on all the land, a description sufficiently accurate for the identification of the land or interest must be made
Section 1. Paragraph 1, Section 44, Chapter VII of Commonwealth Act No. 141, as amended, is hereby amended to read as follows: "Sec. 44. Any natural-born citizen of the Philippines who is not the owner of more than twelve (12) hectares and who, for at least thirty (30) years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest a tract or tracts of agricultural public lands subject to disposition, who shall have paid the real estate tax thereon while the same has not been occupied by any person shall be entitled, under the provisions of this Chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed twelve (12) hectares."
3. Registration Procedure
a) Entry in the Day Book or Primary Entry Book; b) Payment of entry and registration fee; c) A memorandum of the attachment shall be made on the Original of the Certificate of Title; d) Indexing - the Register of deeds shall index attachments in the name of the applicant, the adverse party, and the person by whom the property is held or in whose name it stands in the records.
Section 2. Section 45, Chapter VII of Commonwealth Act No. 141, as amended, is hereby, further amended to read as follows: "Sec. 45. The President of the Philippines, upon recommendation of the Secretary of Environment and Natural Resources, shall from time to time fix by proclamation the period within which applications for free patents may be filed in the Community Environment and Natural Resources Office or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President, all the land comprised within such district, chartered city, province, municipality or region subject thereto under the provisions of this Chapter may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond December 31, 2000, except in the Provinces of Agusan del Norte, Agusan del Sur, Cotabato, South Cotabato, Sultan Kudarat, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-Apayao, Ifugao,
4. Effects of Registration
a) Notice of the attachment is a notice that the property is taken in the custody of the law as security for the satisfaction of any judgement; b) Title still be subject to subsequent transaction but subject to the attachment lien V. Foreign Ownership
A. In general- only Filipino citizens may own land in the Philippines except if the acquisition of the land was through hereditary succession. This is a constitutional restriction that was property rights of placed under the 1935 Constitution. However, American citizens existing prior to the 1935 Constitution are respected. The provisions was modified in the 1987 Constitution to exempt natural-born citizens who had lost his citizenship subject to certain conditions. The 1973 Constitution did not explicitly allows former natural born citizens to own land, nonetheless, Batas Pambansa Bilang 185 allows concession to former Filipinos under the general power of the Prime Minister under Section 15 of Article XIII. The present Constitution only allows two exception to the prohibition against foreign ownership: (1) hereditary succession; and (2) former natural born-citizens. However, property rights of alien prior to the 1936 Constitution and the special privileges given to American citizens
Maguindanao,upon Tawi-Tawi, and Basilan whereofthethePresident of the Philippines, the recommendation Secretary of Environment and Natural Resources, shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend: provided, that the period shall apply only when the area applied for does not exceed twelve (12) hectares. The period fixed for any district, chartered city, province or municipality shall begin to run thirty (30) days after the publication of the proclamation in one (1) newspaper of general circulation in the city, province or municipality concerned. A certified copy of said proclamation shall be furnished by the Secretary of Environment and Natural Resources within thirty (30) days counted from the date of the presidential proclamation to the Community Environment and Natural Resources Office and to the provincial board, and municipal board or city council and barangay council affected, and copies thereof shall be posted on the bulletin board of the Community Environment and Natural Resources Office and at conspicuous places in the provincial building and at the municipal building and barangay halls or meeting place.t shall 23
moreover be announced by government radio whenever available in each of the barrios of the municipality."
actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.
Section 3. Section 47, Chapter VIII of Commonwealth Act No. 141, as amended, is hereby further amended to read as follows: "Sec. 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2000 within which to take advantage of the benefit of this Chapter: provided, that this period shall apply only where the area applied for does not exceed twelve (12) hectares: provided, further, that the several periods of time designated by the President in accordance with Section Forty-five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this section shall not be construed as prohibiting any of said persons from acting under this Chapter at any time prior to the period fixed by the President."
Section 5. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents issued under this Act. Section 6. Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.1avvphi1
Section 4. Any law or executive order or part thereof contrary to or inconsistent with this Act is hereby deemed repealed accordingly. Section 5. If any provision of this Act or the applicability of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this Act and the applicability of such provision to the persons or circumstances shall not be affected thereby. Section 6. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.
Section 7. Implementing Rules and Regulations. - The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.
Approved: March 28, 1990
REPUBLIC ACT No. 10023
Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.
AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL LANDS
Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
invalid by anycontinue competent of this Act shall be thereby shall to becourt, in fullother forceparts and effect.
XIV.
RESIDENTIAL FREE PATENT
Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its publication in two (2) national newspapers of general education.
Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not needed for public service and/or public use.
XV.
PD 2004 REMOVING RESTRICTIONS TO RA 730
PRESIDENTIAL DECREE NO. 2004 - AMENDING Section TWO OR REPUBLIC ACT NUMBERED SEVEN HUNDRED AND THIRTY RELATIVE TO THE SALE WITHOUT PUBLIC AUCTION OF PUBLIC LANDS OF THE REPUBLIC OF THE PHILIPPINES FOR RESIDENTIAL PURPOSES TO QUALIFIED APPLICANTS UNDER CERTAIN CONDITIONS
Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be violated. Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government (LGUs) or Integrated townsites which preceded Act No. 7586units or the National Protected Areas Republic System (NIPAS) law, shall also be covered by this Act.
WHEREAS, Republic Act No. 730 Republic permits the publicfor auction of public lands of the of sale the without Philippines residential purposes to qualified applicants under certain conditions;
Section 3. Application. - The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.
WHEREAS, land required thereunder are subject to onerous restrictions against encumbrance or alienation; and WHEREAS, it is necessary to remove these onerous restrictions to allow the effective utilization of these lands. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to the powers vested in me by the Constitution, do hereby decree: Section 1. Section Two of Republic Act Numbered Seven Hundred and Thirty is hereby amended to read as follows: "Sec. 2. Lands acquired under the provisions of this Act shall not be subject to any restrictions against encumbrance or alienation before and after the issuance of the patents thereon."
Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land 24
Candido P. Villanueva, 114 SCRA 875), this court has ruled on the questions. Specifically, in Republic vs. Judge Villanueva, this court, speaking thru Justice Ramon C. Aquino, said:
Section 2. This Decree shall take effect immediately. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.
As correctly contended by the Solicitor General, the Iglesia Ni Cristo, as a corporation sole or a juridical person, is disqualified to acquire or hold alienable lands of the public domain, like the two lots in question, because of the constitutional prohibition already mentioned and because the said church is not entitled to avail itself of the benefits of section 48 (b) which applies only to Filipino citizens or natural persons. A corporation sole (an "unhappy freak of English law") has no nationality (Roman Catholic Apostolic Adm. of Davao, Inc. vs. Land Registration Commission, 102 Phil. 596. See Register of Deeds vs. Ung Siu Si Temple 97 Phil. 58 and sec. 49 of the Public Land Law).
DONE in the City of Manila, this 30th day of December, in the year of Our Lord, nineteen hundred and eighty-five.
XVI.
CORPORATION AND TITLING
READ THIS IN CONNECTION WITH QUALIFICATIONS OF NATURAL PERSONS TO OWN PUBLIC LANDS. SPECIALLY DISSENT OF J. TEEHANKEE AND CONCURRING OPINION AS CHIEF J. IN LATER CASE OF ACME
The contention in the comments of the Iglesia Ni Cristo (its lawyer did not file any brief) that the two lots are private lands, following the rule laid down in Susi vs. Razon and Director of Lands, 48 Phil. 424, is not correct. What was considered private land in the Susi case was a parcel of land possessed by a Filipino citizen since time immemorial, as in Carifio vs. Insular Government, 212 U.S. 449, 531 L. ed. 594, 41 Phil. 935 and 7 Phil. 132. The lots sought to be registered in this case do not fall within that category. They are still public lands. A land registration proceeding under section 48 (b) "presupposes that the land is public" (Mindanao vs. Director of Lands, L-19535, July 10, 1967, 20 SCRA 641, 644).
a) REP.V CA AND INC GR L-59447 G.R. No. L-59447 December 27, 1982
REPUBLIC OF THE PHILIPPINES, represented by the Director of Lands and the Director of Forest Development, petitioner, vs. HONORABLE COURT OF APPEALS and IGLESIA NI CRISTO, represented by its Executive Minister ERANO G. MANALO, respondents.
As held in Oh Cho vs. Director of Lands, 75 Phil. 890, "all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain. An exception to the rule would be any land that should have been in the possession of an occupant and of his predecessors-in-interest since time immemorial, for such possession would justify the presumption that the land had never been part of the public domain or that it had been a private property even before the Spanish conquest. "
G.R. No. L-60188 December 27, 1982 REPUBLIC OF THE PHILIPPINES, represented by the Director of Lands, petitioner, vs. JUDGE DOMINADOR S. CENDAÑA of CFI-La Union, Branch II and IGLESIA NI CRISTO, respondents.
In Uy Un vs. Perez, 71 Phil. 508, it was noted that the right of an occupant of public agricultural land to obtain a confirmation of his title under section 48 (b) of the Public Land Law is a "derecho dominical incoativo" and that before the issuance of the certificate
Solicitor General for petitioner. Eliseo M. Cruz for respondents.
of title occupant is not intothe true owner of the landthe since it still pertains the juridical State. (114sense SCRAthe 881-882) Following the above cases, this court sustains the stand of the Republic, without need to inquire into the veracity of the allegation in G.R. L-59447 that the evidence presented therein do not prove INC. continuity of possession of the land for the period prescribed by law. The appealed decisions of the lower courts are hereby set aside and the INC. applications for registration are hereby dismissed. No costs.
PLANA, J.: These are two land registration cases instituted by the Iglesia Ni Cristo (INC), a corporation sole, under Section 48 (b) of the Public Land Act which reads: Sec 48. The following described citizens of the Philippines occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit . . .
SO ORDERED. Melencio-Herrera, Vasquez, Relova and Gutierrez, Jr., JJ., concur.
xxx xxx xxx Separate Opinions
(b) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession anda bona occupation of agricultural of the public domain, under fide claim of acquisitionlands or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. ...
TEEHANKEE, J, dissenting: I am constrained to dissent from the majority decision which applies the precedent set forth in the case of Republic vs. Villanueva and Iglesia ni Cristo 1 and the companion case of MERALCO vs. Castro-Bartolome 2, both decided on June 29, 1982, for the same grounds and considerations stated in my joint dissenting opinion therein which I herewith reproduce by reference for brevity's sake 3, as well as in my dissenting opinion in Republic vs. Gonong and Iglesia ni Cristo. 4
In both cases, the applications for land registration were granted by the lower courts, impelling the Republic to elevate the cases to this forum on this basic legal issue: whether the lands applied for may be registered in the name of INC. in the light of the Constitutional provision that "no private corporation or association may hold alienable lands of the public domain except by lease." (Article XIV, Section 11). An ancillary question refers to the nature of the lands subject to registration proceedings— whether they are private or public.
I just wish to add that it is premature to apply the Villanueva case as a precedent since the same as well as the Gonong case are not yet final and the Court en banc is up to now considering the Iglesia ni Cristo's pending motion for reconsideration filed in the Villanueva case which raises a number of serious constitutional issues, among them the constitutional guaranty of free exercise of religion which as stressed in Basa vs. Federacion Obrero 5 is a fundamental personal right and liberty and has a preferred
The issues are not new. In at least two decisions, (Meralco vs. Judge Castro Bartolome et al 114 SCRA 799; Republic vs. Judge 25
position in the constitutional system and hierarchy of values, and the Iglesia ni Cristo's constitutional right to equal protection of law in the light of the precedent in Roman Catholic Apostolic Administrator of Davao, Inc. vs. Land Registration Commission 6 which recognizes the right of therein petitioner Roman Catholic Apostolic Administrator as a corporation sole to register lands purchased from Filipino citizens. As contended by respondent Iglesia ni Cristo in the case at bar, to "require (it) to establish its chapels on properties already titled is an emasculation of its right to equal treatment before the law." 7 Such serious constitutional issues should be referred to the Court en banc for proper determination, since our Division is incompetent to rule thereon.
yet final and the Court en banc is up to now considering the Iglesia ni Cristo's pending motion for reconsideration filed in the Villanueva case which raises a number of serious constitutional issues, among them the constitutional guaranty of free exercise of religion which as stressed in Basa vs. Federacion Obrero 5 is a fundamental personal right and liberty and has a preferred position in the constitutional system and hierarchy of values, and the Iglesia ni Cristo's constitutional right to equal protection of law in the light of the precedent in Roman Catholic Apostolic Administrator of Davao, Inc. vs. Land Registration Commission 6 which recognizes the right of therein petitioner Roman Catholic Apostolic Administrator as a corporation sole to register lands purchased from Filipino citizens. As contended by respondent Iglesia ni Cristo in the case at bar, to "require (it) to establish its chapels on properties already titled is an emasculation of its right to equal treatment before the law." 7 Such serious constitutional issues should be referred to the Court en banc for proper determination, since our Division is incompetent to rule thereon.
What was held by the Court in the above-cited case of Roman Catholic Apostolic Administrator is equally applicable to the Iglesia ni Cristo in the case at bar, mutatis mutandis, as follows: The provisions of the Corporation Law (section 157 of the old Corporation Law and section 112 of the new Corporation Law) "leave(s) no room for doubt that the bishops or archbishops, as the case may be, as corporations sole are merely administrators of the church properties that come to their possession, and which they hold in trust for the church. It can also be said that while it is true that properties cannot be avoided to rise upon his death. Through this legal fiction, however, church properties acquired by the incumbent of a corporation sole pass, by operation of law, upon his death not to his personal heirs but to his successor in office. It could be seen, therefore, that a corporation sole is created not only to administer the temporalities of the church or religious society where he belongs but also to hold and transmit the same to his successor in said office. If the ownership or title to the properties do not pass to the administrators, who are the owners of church properties? ... Considering that nowhere can We find any provision conferring ownership of church properties on the Pope although he appears to be the supreme administrator or guardian of his flock, nor on the corporations sole or heads of dioceses as they are admittedly mere administrators of said properties, ownership of these temporalities logically fall and devolve upon the church, diocese or congregation acquiring the same," and "indeed it is absurd to conceive that while the corporations sole that might be in need of acquiring lands for the erection of temples where the faithful can pray, or schools and cemeteries which they are
What was held by the Court in the above-cited case of Roman Catholic Apostolic Administrator is equally applicable to the Iglesia ni Cristo in the case at bar, mutatis mutandis, as follows: The provisions of the Corporation Law (section 157 of the old Corporation Law and section 112 of the new Corporation Law) "leave(s) no room for doubt that the bishops or archbishops, as the case may be, as corporations sole are merely administrators of the church properties that come to their possession, and which they hold in trust for the church. It can also be said that while it is true that properties cannot be avoided to rise upon his death. Through this legal fiction, however, church properties acquired by the incumbent of a corporation sole pass, by operation of law, upon his death not to his personal heirs but to his successor in office. It could be seen, therefore, that a corporation sole is created not only to administer the temporalities of the church or religious society where he belongs but also to hold and transmit the same to his successor in said office. If the ownership or title to the properties do not pass to the administrators, who are the owners of church properties? ... Considering that nowhere can We find any provision conferring ownership of church properties on the Pope although he appears to be the supreme administrator or guardian of his flock, nor on the corporations sole or heads of dioceses as they are
expressly authorized law toCatholic acquire Apostolic in connection the propagation of the by Roman faith with or in furtherance of their freedom of religion, they could not register said properties in their name. As professor Javier J. Nepomuceno very well says 'Man in his search for the immortal and imponderable, has, even before the dawn of recorded history, erected temples to the Unknown God, and there is no doubt that he will continue to do so for all time to come, as long as he continues 'imploring the aid of Divine Providence' (Nepomuceno's Corporation Sole, VI Ateneo Law Journal, No. 1, p. 41, September, 1956)."
admittedly mere administrators saiddevolve properties, of these temporalities logically fall ofand uponownership the church, diocese or congregation acquiring the same," and "indeed it is absurd to conceive that while the corporations sole that might be in need of acquiring lands for the erection of temples where the faithful can pray, or schools and cemeteries which they are expressly authorized by law to acquire in connection with the propagation of the Roman Catholic Apostolic faith or in furtherance of their freedom of religion, they could not register said properties in their name. As professor Javier J. Nepomuceno very well says 'Man in his search for the immortal and imponderable, has, even before the dawn of recorded history, erected temples to the Unknown God, and there is no doubt that he will continue to do so for all time to come, as long as he continues 'imploring the aid of Divine Providence' (Nepomuceno's Corporation Sole, VI Ateneo Law Journal, No. 1, p. 41, September, 1956)."
There appears no justification, therefore, to consider religious corporations sole such as the Iglesia ni Cristo as disqualified from filing the corresponding applications for registration of the parcels of land acquired by them from private persons on the ground that they are not natural persons when the real owners and beneficiaries of such lands are in fact the members of the said church and congregation who are natural persons. I therefore vote for the denial of the two petitions at bar and to uphold the questioned decisions granting the Iglesia ni Cristo applications for land registration and upholding its title to the lands involved.
There appears no justification, therefore, to consider religious corporations sole such as the Iglesia ni Cristo as disqualified from filing the corresponding applications for registration of the parcels of land acquired by them from private persons on the ground that they are not natural whenthethe real owners and beneficiaries of such landspersons are in fact members of the said church and congregation who are natural persons. I therefore vote for the denial of the two petitions at bar and to uphold the questioned decisions granting the Iglesia ni Cristo applications for land registration and upholding its title to the lands involved.
Separate Opinions TEEHANKEE, J, dissenting:
2. DIR OF LAND VS IAC, ACME GR 73002 G.R. No. 73002 December 29, 1986
I am constrained to dissent from the majority decision which applies the precedent set forth in the case of Republic vs. Villanueva and Iglesia ni Cristo 1 and the companion case of MERALCO vs. Castro-Bartolome 2, both decided on June 29, 1982, for the same grounds and considerations stated in my joint dissenting opinion therein which I herewith reproduce by reference for brevity's sake 3, as well as in my dissenting opinion in Republic vs. Gonong and Iglesia ni Cristo. 4
THE DIRECTOR OF LANDS, petitioner, vs. INTERMEDIATE APPELLATE COURT and ACME PLYWOOD & VENEER CO. INC., ETC., respondents. D. Nacion Law Office for private respondent.
I just wish to add that it is premature to apply the Villanueva case as a precedent since the same as well as the Gonong case are not 26
SEC. 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims, and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:
NARVASA, J.: The Director of Lands has brought this appeal by certiorari from a judgment of the Intermediate Appellate Court affirming a decision of the Court of First Instance of Isabela, which ordered registration in favor of Acme Plywood & Veneer Co., Inc. of five parcels of land measuring 481, 390 square meters, more or less, acquired by it from Mariano and Acer Infiel, members of the Dumagat tribe.
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The registration proceedings were for confirmation of title under Section 48 of Commonwealth Act No. 141 (The Public Land Act). as amended: and the appealed judgment sums up the findings of the trial court in said proceedings in this wise:
(b) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
1. That Acme Plywood & Veneer Co. Inc., represented by Mr. Rodolfo Nazario is a corporation duly organized in accordance with the laws of the Republic of the Philippines and registered with the Securities and Exchange Commission on December 23, 1959; 2. That Acme Plywood & Veneer Co. Inc., represented by Mr. Rodolfo Nazario can acquire real properties pursuant to the provisions of the Articles of Incorporation particularly on the provision of its secondary purposes (paragraph (9), Exhibit 'M-l');
(c) Members of the National Cultural minorities who by themselves or through their predecessors-in-interest have been in open. continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in subsection (b) hereof.
3. That the land subject of the Land Registration proceeding was ancestrally acquired by Acme Plywood & Veneer Co., Inc., on October 29, 1962, from Mariano Infiel and Acer Infiel, both members of the Dumagat tribe and as such are cultural minorities;
6. That the possession of the applicant Acme Plywood & Veneer
The Petition for Review does not dispute-indeed, in view of the quoted findings of the trial court which were cited and affirmed by the Intermediate Appellate Court, it can no longer controvert before this Court-the fact that Mariano and Acer Infiel, from whom Acme purchased the lands in question on October 29, 1962, are members of the national cultural minorities who had, by themselves and through their progenitors, possessed and occupied those lands since time immemorial, or for more than the required 30-year period and were, by reason thereof, entitled to exercise the right granted in Section 48 of the Public Land Act to have their title judicially confirmed. Nor is there any pretension that Acme, as the
Co., Inc.,and is tacking continuous, adverse and public from the present the possession of the Infiels who1962 wereto granted from whom the applicant bought said land on October 29, 1962, hence the possession is already considered from time immemorial.
successor-in-interest thelands Infiels, is disqualified to acquire and register ownership of ofsaid under any provisions of the 1973 Constitution other than Section 11 of its Article XIV already referred to.
7. That the land sought to be registered is a private land pursuant to the provisions of Republic Act No. 3872 granting absolute ownership to members of the non-Christian Tribes on land occupied by them or their ancestral lands, whether with the alienable or disposable public land or within the public domain;
Given the foregoing, the question before this Court is whether or not the title that the Infiels had transferred to Acme in 1962 could be confirmed in favor of the latter in proceedings instituted by it in 1981 when the 1973 Constitution was already in effect, having in mind the prohibition therein against private corporations holding lands of the public domain except in lease not exceeding 1,000 hectares.
4. That the constitution of the Republic of the Philippines of 1935 is applicable as the sale took place on October 29, 1962; 5. That the possession of the Infiels over the land relinquished or sold to Acme Plywood & Veneer Co., Inc., dates back before the Philippines was discovered by Magellan as the ancestors of the Infiels have possessed and occupied the land from generation to generation until the same came into the possession of Mariano Infiel and Acer Infiel;
8. That applicant Acme Plywood & Veneer Co. Inc., has introduced more than Forty-Five Million (P45,000,000.00) Pesos worth of improvements, said improvements were seen by the Court during its ocular investigation of the land sought to be registered on September 18, 1982;
The question turns upon a determination of the character of the lands at the time of institution of the registration proceedings in 1981. If they were then still part of the public domain, it must be answered in the negative. If, on the other hand, they were then already private lands, the constitutional prohibition against their acquisition by private corporations or associations obviously does not apply.
9. That the ownership and possession of the land sought to be registered by the applicant was duly recognized by the government when the Municipal Officials of Maconacon, Isabela, have negotiated for the donation of the townsite from Acme Plywood & Veneer Co., Inc., and this negotiation came to reality when the Board the Acme & Veneerfrom Co., the Inc., had donatedofaDirectors part of theofland boughtPlywood by the Company Infiels for the townsite of Maconacon Isabela (Exh. 'N') on November 15, 1979, and which donation was accepted by the Municipal Government of Maconacon, Isabela (Exh. 'N-l'), during their special session on November 22, 1979.
In this regard, attention has been invited to Manila Electric Company vs. et al, 1 whereCompany, a similar set facts prevailed. InCastro-Bartolome, that case, Manila Electric a of domestic corporation more than 60% of the capital stock of which is Filipino-owned, had purchased in 1947 two lots in Tanay, Rizal from the Piguing spouses. The lots had been possessed by the vendors and, before them, by their predecessor-in-interest, Olimpia Ramos, since prior to the outbreak of the Pacific War in 1941. On December 1, 1976, Meralco applied to the Court of First Instance of Rizal, Makati Branch, for confirmation of title to said lots. The court, assuming that the lots were public land, dismissed the application on the ground that Meralco, a juridical person, was not qualified to apply for registration under Section 48(b) of the Public Land Act which allows only Filipino citizens or natural persons to apply for judicial confirmation of imperfect titles to public land. Meralco appealed, and a majority of this Court upheld the dismissal. It was held that:
The Director of Lands takes no issue with any of these findings except as to the applicability of the 1935 Constitution to the matter at hand. Concerning this, he asserts that, the registration proceedings have been commenced only on July 17, 1981, or long after the 1973 Constitution had gone into effect, the latter is the correctly applicable law; and since section 11 of its Article XIV prohibits private corporations or associations from holding alienable lands of the public domain, except by lease not to exceed 1,000 hectares (a prohibition not found in the 1935 Constitution which was in force in 1962 when Acme purchased the lands in question from the Infiels), it was reversible error to decree registration in favor of Acme Section 48, paragraphs (b) and (c), of Commonwealth Act No. 141, as amended, reads:
..., the said land is still public land. It would cease to be public land only upon the issuance of the certificate of title to any Filipino citizen claiming it under section 48(b). Because it is still public 27
land and the Meralco, as a juridical person, is disqualified to apply for its registration under section 48(b), Meralco's application cannot be given due course or has to be dismissed.
Herico, in particular, appears to be squarely affirmative: 11
Finally, it may be observed that the constitutional prohibition makes no distinction between (on the one hand) alienable agricultural public lands as to which no occupant has an imperfect title and (on the other hand) alienable lands of the public domain as to which an occupant has on imperfect title subject to judicial confirmation.
.... Secondly, under the provisions of Republic Act No. 1942, which the respondent Court held to be inapplicable to the petitioner's case, with the latter's proven occupation and cultivation for more than 30 years since 1914, by himself and by his predecessors-ininterest, title over the land has vested on petitioner so as to segregate the land from the mass of public land. Thereafter, it is no longer disposable under the Public Land Act as by free patent. ....
Since section 11 of Article XIV does not distinguish, we should not make any distinction or qualification. The prohibition applies to alienable public lands as to which a Torrens title may be secured under section 48(b). The proceeding under section 48(b) 'presupposes that the land is public' (Mindanao vs. Director of Lands, L-19535, July 30, 1967, 20 SCRA 641, 644).
xxx xxx xxx As interpreted in several cases, when the conditions as specified in the foregoing provision are complied with, the possessor is deemed to have acquired, by operation of law, a right to a grant, a government grant, without the necessity of a certificate of title being issued. The land, therefore, ceases to be of the public domain and beyond the authority of the Director of Lands to dispose of. The application for confirmation is mere formality, the lack of which does not affect the legal sufficiency of the title as would be evidenced by the patent and the Torrens title to be issued upon the strength of said patent. 12
The present Chief Justice entered a vigorous dissent, tracing the line of cases beginning with Carino in 1909 2 thru Susi in 1925 3 down to Herico in 1980, 4 which developed, affirmed and reaffirmed the doctrine that open, exclusive and undisputed possession of alienable public land for the period prescribed by law creates the legal fiction whereby the land, upon completion of the requisite period ipso jure and without the need of judicial or other sanction, ceases to be public land and becomes private property. That said dissent expressed what is the better — and, indeed, the correct, view-becomes evident from a consideration of some of the principal rulings cited therein,
Nothing can more clearly demonstrate the logical inevitability of considering possession of public land which is of the character and duration prescribed by statute as the equivalent of an express grant from the State than the dictum of the statute itself 13 that the possessor(s) "... shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title .... " No proof being admissible to overcome a conclusive presumption, confirmation proceedings would, in truth be little more than a formality, at the most limited to ascertaining whether the possession claimed is of the required character and length of time; and registration thereunder would not confer title, but simply recognize a title already vested. The proceedings would not srcinally convert the land from public to private land, but only confirm such a conversion already affected by operation of law from the moment the required period of possession became complete. As was so well put in Carino, "... (T)here are indications that registration was expected from all, but
The main theme was given birth, so to speak, in Carino involving the Decree/Regulations of June 25, 1880 for adjustment of royal lands wrongfully occupied by private individuals in the Philippine Islands. It was ruled that: It is true that the language of articles 4 and 5 5 attributes title to those 'who may prove' possession for the necessary time and we do not overlook the argument that this means may prove in registration proceedings. It may be that an English conveyancer would have recommended an application under the foregoing decree, but certainly it was not calculated to convey to the mind of an Igorotif chief the read notion thatword ancient family in danger, he had every of it. The possessions words 'maywere prove' (acrediten) as well or better, in view of the other provisions, might be taken to mean when called upon to do so in any litigation. There are indications that registration was expected from all but none sufficient to show that, for want of it, ownership actually gained would be lost. The effect of the proof, wherever made, was not to confer title, but simply to establish it, as already conferred by the decree, if not by earlier law. ...
none sufficient show forofwant of it, ownership actually gained would betolost. Thethat, effect the proof, wherever made, was not to confer title, but simply to establish it, as already conferred by the decree, if not by earlier law." If it is accepted-as it must be-that the land was already private land to which the Infiels had a legally sufficient and transferable title on October 29, 1962 when Acme acquired it from said owners, it must also be conceded that Acme had a perfect right to make such acquisition, there being nothing in the 1935 Constitution then in force (or, for that matter, in the 1973 Constitution which came into effect later) prohibiting corporations from acquiring and owning private lands.
That ruling assumed a more doctrinal character because expressed in more categorical language, in Susi: .... In favor of Valentin Susi, there is, moreover, the presumption juris et de jure established in paragraph (b) of section 45 of Act No. 2874, amending Act No. 926, that all the necessary requirements for a grant by the Government were complied with, for he has been in actual and physical possession, personally and through his predecessors, of an agricultural land of the public domain openly, continuously, exclusively and publicly since July 26, 1984, with a right to a certificate of title to said land under the provisions of Chapter VIII of said Act. So that when Angela Razon applied for
Even on the proposition that the land remained technically "public" land, despite immemorial possession of the Infiels and their ancestors, until title in their favor was actually confirmed in appropriate proceedings under the Public Land Act, there can be no serious question of Acmes right to acquire the land at the time it did, there also being nothing in the 1935 Constitution that might be construed to prohibit corporations from purchasing or acquiring interests in public land to which the vendor had already acquired
the grant of in law her not favor, Susi had already acquired, operation onlyValentin a right to a grant, but a grant of theby Government, for it is not necessary that a certificate of title should be issued in order that said grant may be sanctioned by the courts, an application therefore is sufficient, under the provisions of section 47 of Act No. 2874. If by a legal fiction, Valentin Susi had acquired the land in question by a grant of the State, it had already ceased to be of the public domain and had become private property, at least by presumption, of Valentin Susi, beyond the control of the Director of Lands. Consequently, in selling the land in question of Angela Razon, the Director of Lands disposed of a land over which he had no longer any title or control, and the sale thus made was void and of no effect, and Angela Razon did not thereby acquire any right. 6
that type ofthen so-called or "imperfect" only limitation extant "incomplete" was that corporations couldtitle. not The acquire, hold or lease public agricultural lands in excess of 1,024 hectares. The purely accidental circumstance that confirmation proceedings were brought under the aegis of the 1973 Constitution which forbids corporations from owning lands of the public domain cannot defeat a right already vested before that law came into effect, or invalidate transactions then perfectly valid and proper. This Court has already held, in analogous circumstances, that the Constitution cannot impair vested rights. We hold that the said constitutional prohibition 14 has no retroactive application to the sales application of Binan Development Co., Inc. because it had already acquired a vested right to the land applied for at the time the 1973 Constitution took effect.
Succeeding cases, of which only some need be mentioned, likeof Lacaste vs. Director of Lands, 7 Mesina vs. Vda. de Sonza, 8 Manarpac vs. Cabanatuan, 9 Miguel vs. Court of Appeals 10 and Herico vs. Dar, supra, by invoking and affirming the Susi doctrine have firmly rooted it in jurisprudence.
That vested right has to be respected. It could not be abrogated by the new Constitution. Section 2, Article XIII of the 1935 Constitution allows private corporations to purchase public 28
agricultural lands not exceeding one thousand and twenty-four hectares. Petitioner' prohibition action is barred by the doctrine of vested rights in constitutional law.
qualified to hold and own private lands) and granting the applications for confirmation of title to the private lands so acquired and sold or exchanged.
xxx xxx xxx
There is also nothing to prevent Acme from reconveying the lands to the Infiels and the latter from themselves applying for confirmation of title and, after issuance of the certificate/s of title in their names, deeding the lands back to Acme. But this would be merely indulging in empty charades, whereas the same result is more efficaciously and speedily obtained, with no prejudice to anyone, by a liberal application of the rule on amendment to conform to the evidence suggested in the dissent in Meralco.
The due process clause prohibits the annihilation of vested rights. 'A state may not impair vested rights by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the constitution of the State, except in a legitimate exercise of the police power'(16 C.J.S. 1177-78). xxx xxx xxx
While this opinion seemingly reverses an earlier ruling of comparatively recent vintage, in a real sense, it breaks no precedent, but only reaffirms and re-established, as it were, doctrines the soundness of which has passed the test of searching examination and inquiry in many past cases. Indeed, it is worth noting that the majority opinion, as well as the concurring opinions of Chief Justice Fernando and Justice Abad Santos, in Meralco rested chiefly on the proposition that the petitioner therein, a juridical person, was disqualified from applying for confirmation of an imperfect title to public land under Section 48(b) of the Public Land Act. Reference to the 1973 Constitution and its Article XIV, Section 11, was only tangential limited to a brief paragraph in the main opinion, and may, in that context, be considered as essentially obiter. Meralco, in short, decided no constitutional question.
In the instant case, it is incontestable that prior to the effectivity of the 1973 Constitution the right of the corporation to purchase the land in question had become fixed and established and was no longer open to doubt or controversy. Its compliance with the requirements of the Public Land Law for the issuance of a patent had the effect of segregating the said land from the public domain. The corporation's right to obtain a patent for the land is protected by law. It cannot be deprived of that right without due process (Director of Lands vs. CA, 123 Phil. 919).<äre||anº•1àw> 15
The fact, therefore, that the confirmation proceedings were instituted by Acme in its own name must be regarded as simply another accidental circumstance, productive of a defect hardly more than procedural and in nowise affecting the substance and merits of the right of ownership sought to be confirmed in said proceedings, there being no doubt of Acme's entitlement to the land. As it is unquestionable that in the light of the undisputed facts, the Infiels, under either the 1935 or the 1973 Constitution, could have had title in themselves confirmed and registered, only a rigid subservience to the letter of the law would deny the same benefit to their lawful successor-in-interest by valid conveyance which violates no constitutional mandate.
WHEREFORE, there being no reversible error in the appealed judgment of the Intermediate Appellate Court, the same is hereby affirmed, without costs in this instance. SO ORDERED. Feria, Yap, Fernan, Alampay, Cruz, Paras and Feliciano, JJ., concur.
The Court, in the light of the foregoing, is of the view, and so holds, that the majority ruling in Meralco must be reconsidered and no longer deemed beofbinding precedent. Theto,correct rule, as enunciated in thetoline cases already referred is that alienable public land held by a possessor, personally or through his predecessors-in-interest, openly, continuously and exclusively for the prescribed statutory period (30 years under The Public Land Act, as amended) is converted to private property by the mere lapse or completion of said period, ipso jure. Following that rule and on the basis of the undisputed facts, the land subject of this appeal was already private property at the time it was acquired from the Infiels by Acme. Acme thereby acquired a registrable title, there being at the time no prohibition against said corporation's holding or owning private land. The objection that, as a juridical person, Acme is not qualified to apply for judicial confirmation of title under section 48(b) of the Public Land Act is technical, rather than substantial and, again, finds its answer in the dissent in Meralco:
Separate Opinions GUTIERREZ, JR., J., concurring: I reiterate my concurrence in Meralco v. Castro-Bartolome, and, therefore, dissent here.
TEEHANKEE, C.J., concurring: I am honored by my brethren's judgment at bar that my dissenting opinion in the June, 1982 Meralco and Iglesia ni Cristo cases, 1 which is herein upheld, "expressed what is the better. . . . and indeed the correct view." My dissent was anchored on the landmark 1909 case of Carino 2 through the 1925 case of Susi 3 and the long line of cases cited therein to the latest 1980 case of Herico 4 that "it is established doctrine....... that an open, continuous, adverse and public possession of a land of the public domain for the period provided in the Public Land Act provision in
6. To uphold respondent judge's denial of Meralco's application on the technicality that the Public Land Act allows only citizens of the Philippines who are natural persons to apply for confirmation of their title would be impractical and would just give rise to multiplicity of court actions. Assuming that there was a technical error not having filed the application for registration in the name of the Piguing srcinal owners vendors, is conceded that spouses there is as no the prohibition againstand their sale ofstill the itland to the applicant Meralco and neither is there any prohibition against the application being refiled with retroactive effect in the name of the srcinal owners and vendors (as such natural persons) with the end result of their application being granted, because of their indisputable acquisition of ownership by operation of law and the conclusive presumption therein provided in their favor. It should not be necessary to go through all the rituals at the great cost of refiling of all such applications in their names and adding to the overcrowded court dockets when the Court can after all these years dispose of it here and now. (See Francisco vs. City of Davao)
force atwas the reduced time (from 26, 1894 Susi immediately under the oldpreceding law [this period to July 'at least thirtyinyears the filing of the application for confirmation of title' by amendment of Commonwealth Act No. 141, equivalent to the period of acquisitive prescription 5 ]) by a private individual personally and through his predecessors confers an effective title on said possessor, whereby the land ceases to be land of the public domain and becomes private property." I hereby reproduce the same by reference for brevity's sake. But since we are reverting to the old above-cited established doctrine and precedents and discarding the Meralco and Iglesia ni Cristo cases which departed therefrom in the recent past, I feel constrained to write this concurrence in amplification of my views and ratio decidendi.
The ends of justice would best be served, therefore, by considering the applications for confirmation as amended to conform to the evidence, i.e. as filed in the names of the srcinal persons who as natural persons are duly qualified to apply for formal confirmation of the title that they had acquired by conclusive presumption and mandate of the Public Land Act and who thereafter duly sold to the herein corporations (both admittedly Filipino corporations duly
Under the express text and mandate of the cited Act, such possessors "shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. " 29
31, 1938 was successively extended to December 31, 1941, then extended to December 31, 1957, then to December 31, 1968, further extended to December 31, 1976 and lastly extended to December 31, 1987. 7
The Court thus held in Susi that under the presumption juris et de jure established in the Act, the rightful possessor of the public land for the statutory period "already acquired, by operation of law, not only a right to a grant, but a grant of the Government, for it is not necessary that certificate of title should be issued an order that said grant may be sanctioned by the courts, an application therefore is sufficient . . . . If by a legal fiction, Valentin Susi had acquired the land in question by a grant of the State, it had already ceased to be of the public domain and had become private property, at least by presumption, of Valentin Susi, beyond the control of the Director of Lands [and beyond his authority to sell to any other person]. " 6
The cited Act's provision that only natural persons may apply thereunder for confirmation of title is in effect a technicality of procedure and not of substance. My submittal in Meralco, mutatis mutandis, is properly applicable: "The ends of justice would best be served, therefore, by considering the applications for confirmation as amended to conform to the evidence, i.e. as filed in the names of the srcinal persons who as natural persons are duly qualified to apply for formal confirmation of the title that they had acquired by conclusive presumption and mandate of the Public Land Act and who thereafter duly sold to the herein corporations (both admittedly Filipino corporations duly qualified to hold and own private lands) and granting the applications for confirmation of title to the private lands so acquired and sold or exchanged." 8 Indeed, then Chief Justice Enrique M. Fernando likewise dissented along the same line from the majority ruling therein and held: "I dissent insofar as the opinion of the Court would characterize such jurisdictional defect that the applicant was Meralco, a juridical person rather than the natural persons-transferors, under the particular circumstances of this case, as an insurmountable obstacle to the relief sought. I would apply by analogy, although the facts could be distinguished, the approach followed by us in Francisco v. City of Davao, where the legal question raised, instead of being deferred and possibly taken up in another case, was resolved. By legal fiction and in the exercise of our equitable jurisdiction, I feel that the realistic solution would be to decide the matter as if the application under Section 48(b) were filed by the Piguing spouses, who I assume suffer from no such disability." 9 Justice Vicente Abad Santos, now retired, while concurring in the procedural result, likewise, in effect dissented from the therein majority ruling on the question of substance, and stated his opinion that "the lots which are sought to be registered have ceased to be lands of the public domain at the time they were acquired by the petitioner corporation. They are already private lands because of acquisitive prescription by the predecessors of the petitioner and all that is needed is the confirmation of the title. Accordingly, the constitutional provision that no private corporation or association
The root of the doctrine goes back to the pronouncement of Justice Oliver Wendell Holmes for the U.S. Supreme Court in the 1909 case of Carino (the Igorot chief who would have been deprived of ancestral family lands by the dismissal of his application for registration) which reversed the dismissal of the registration court (as affirmed by the Supreme Court) and adopted the liberal view that under the decree and regulations of June 25, 1880, "The words 'may prove' (acrediten), as well, or better, in view of the other provisions, might be taken to mean when called upon to do so in any litigation. There are indications that registration was expected from all, but none sufficient to show that, for want of it, ownership actually gained would be lost. The effect of the proof, whenever made, was not to confer title, but simply to establish it, as already conferred by the decree, if not by earlier law." The Court's decision at bar now expressly overturns the Meralco and related cases subsequent thereto which failed to adhere to the aforecited established doctrine dating back to 1909 and was consistently applied up to June 29, 1982 (when the Meralco decision was promulgated). We reaffirm the established doctrine that such acquisitive prescription of alienable public lands takes place ipso jure or by operation of law without the necessity of a prior issuance of a certificate of title. The land ipso jure ceases to be of the public domain and becomes private property, which may be lawfully sold to and acquired by qualified corporations such as respondent corporation. (As stressed in Herico supra, "the application for confirmation is a mere formality, the lack of which does not affect the legal sufficiency of the title.") Such ipso jure conversion intoclaim private property of lands publicly held under a bona fide of acquisition or public ownership is the public policy of the Act and is so expressly stated therein. By virtue of such conversion into private property, qualified corporations may lawfully acquire them and there is no "alteration or defeating" of the 1973 Constitution's prohibition against corporations holding or acquiring title to lands of the public domain, as claimed in the dissenting opinion, for the simple reason that no public lands are involved.
may hold alienable lands of the public domain is inapplicable. " 10 To my mind, the reason why the Act limits the filing of such applications to natural citizens who may prove their undisputed and open possession of public lands for the required statutory thirty-year period, tacking on their predecessors'-in-interest possession is that only natural persons, to the exclusion of juridical persons such as corporations, can actually, physically and in reality possess public lands for the required statutory 30-year period. That juridical persons or corporations cannot do so is obvious. But when the natural persons have fulfilled the required statutory period of possession, the Act confers on them a legally sufficient and transferable title. It is preferable to follow the letter of the law that they file the applications for confirmation of their title, although they have lawfully transferred their title to the land. But such procedural failure cannot and should not defeat the substance of the law, as stressed in the above-cited opinions, that the lands are already private lands because of acquisitive prescription by the corporation's predecessors and the realistic solution would be to consider the application for confirmation as filed by the natural persons-transferors, and in accordance with the evidence, confirm their title to the private lands so converted by operation of law and
It should be noted that respondent corporation purchased the land from the Infiels on October 16, 1962 under the aegis of the 1935 Constitution which contained no prohibition against corporations holding public lands (except a limit of 1,024 hectares) unlike the later 1973 Constitution which imposed an absolute prohibition. Even on the erroneous assumption that the land remained public land despite the Infiels' open possession thereof as owners from time immemorial, respondent corporation's lawful purchase from them of the land in 1962 and P 45million investments redounding presumably to the welfare and progress of the community, particularly the municipality of Maconacon, Isabela to which it donated part of the land for the townsite created a vested right which couldBut notasbesufficiently impaired stressed, by the prohibition eleven years later. the land of adopted the Infiels had been ipso jure converted into private land and they had a legally sufficient and transferable title conferred by the conclusive presumption of the Public Land Act (which needed only to be established in confirmation of title proceedings for formalization and issuance of the certificate of title) which they lawfully and validly transferred to respondent corporation.
lawfully transferred byofthem to the corporation. Theprivate law, after recognizes the validity the transfer and sale of the landall, to the corporation. It should not be necessary to go in a round-about way and have the corporation reassign its rights to the private land to natural persons-(as I understand), was done after the decision in the Meralco and Iglesia ni Cristo cases) just for the purpose of complying on paper with the technicality of having natural persons file the application for confirmation of title to the private land.
In fact, the many amendments to the Act extending the period for the filing of such applications for judicial confirmation of imperfect and incomplete titles to alienable and disposable public lands expressly reiterate that it has always been the "policy of the State to hasten the settlement, adjudication and quieting of titles to [such] unregistered lands," i.e. to recognize that such lands publicly and notoriously occupied and cultivated under bona fide claim of acquisition or ownership have ipso jure been converted into private property and grant the possessors the opportunity to establish and record such fact. Thus, the deadline for the filing of such application which would have srcinally expired first on December
MELENCIO-HERRERA, J., dissenting: Section 48 of the Public Land Act, in part, provides: SEC. 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their 30
claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:
such as to nullify, destroy or defeat the intention of the legislature" (New York State Dept. of Social Services v. Dublino [UST 37 L. Ed 2d 688, 93 S Ct 2507; United States v. Alpers 338 US 680, 94 L Ed 457, 70 S Ct 352; cited in 73 Am Jur. 2nd., p. 351).
(a) ... (b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed are the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
It has also been said that: In the construction of statutes, the courts start with the assumption that the legislature intended to enact an effective law, and the legislature is not to be presumed to have done a vain thing in the enactment of a statute. Hence, it is a general principle that the courts should, if reasonably possible to do so interpret the statute, or the provision being construed, so as to give it efficient operation and effect as a whole. An interpretation should, if possible, be avoided, under which the statute or provision being construed is defeated, or as otherwise expressed, nullified, destroyed, emasculated, repealed, explained away, or rendered insignificant, meaningless, inoperative, or nugatory. If a statute is fairly susceptible of two constructions, one of which will give effect to the act, while the other will defeat it, the former construction is preferred. One part of a statute may not be construed so as to render another part nugatory or of no effect. Moreover, notwithstanding the general rule against the enlargement of extension of a statute by construction, the meaning of a statute may be extended beyond the precise words used in the law, and words or phrases may be altered or supplied, where this is necessary to prevent a law from becoming a nullity. Wherever the provision of a statute is general everything which is necessary to make such provision effectual is supplied by implication. (Pliakos vs. Illinois Liquor Control Com. 11 III 2d 456, 143 NE2d 47; cited in 73 AM Jur. 2d pp. 422-423)
(c) ... Article XIV, Section 11, of the 1973 Constitution, in part, provides: SEC. 11. .... No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares .... It has to be conceded that, literally, statutory law and constitutional provision prevent a corporation from directly applying to the Courts for the issuance of Original Certificates of Title to lands of the public domain (Manila Electric Company vs. Castro-Bartolome, 114 SCRA 799; Republic vs. Villanueva, 114 SCRA 875; Republic vs. Court of Appeals, 119 SCRA 449; Iglesia ni Cristo vs. Hon. Judge, CFI of Nueva Ecija, Br. 1). It is my opinion that the literalism should be adhered to in this case.
The statutory provision and the constitutional prohibition express a public policy. The proper course for the Court to take is to promote in the fullest manner the policy thus laid down and to avoid a construction which would alter or defeat that policy.
The reasoning of the majority can be restated in simple terms as follows: (a) The INFIELS can successfully file an application for a certificate of title over the land involved in the case.
In fine, I confirm my adherence to the ruling of this Court in Meralco vs. Hon. Castro-Bartolome, 114 SCRA 799 [1982] and related cases.
(b) After the INFIELS secure a certificate of title, they can sell the land to ACME. (c) As ACME can eventually own the certificate of title, it should be allowed to directly apply to the Courts for the Certificate of Title, thus avoiding the circuituous "literal" requirement that the INFIELS should first apply to the courts for the titles, and afterwards transfer the title to ACME.
Separate Opinions
The majority opinion, in effect, adopted the following excerpt from a dissent in Manila Electric Company vs. Castro-Bartolome (114 SCRA 799, 823 [1982]).
I reiterate my concurrence in Meralco v. Castro-Bartolome, and, therefore, dissent here.
GUTIERREZ, JR., J., concurring:
To uphold respondent judge's denial of Meralco's application on the technicality that the Public Land Act allows only citizens of the Philippines who are natural persons to apply for confirmation of their title would be impractical and would just give rise to multiplicity of court actions. Assuming that there was a technical error in not having filed the application for registration in the name of the Piguing spouses as the srcinal owners and vendors,
TEEHANKEE, C.J., concurring: I am honored by my brethren's judgment at bar that my dissenting opinion in the June, 1982 Meralco and Iglesia ni Cristo cases, 1 which is herein upheld, "expressed what is the better. . . . and indeed the correct view." My dissent was anchored on the landmark 1909 case of Carino 2 through the 1925 case of Susi 3 and the long line of cases cited therein to the latest 1980 case of Herico 4 that "it is established doctrine....... that an open,
still it is conceded that there is no prohibition against their sale of the land to the applicant Meralco
continuous, adverse public in possession a land the public domain for the periodand provided the PublicofLand Actofprovision in force at the time (from July 26, 1894 in Susi under the old law [this period was reduced to 'at least thirty years immediately preceding the filing of the application for confirmation of title' by amendment of Commonwealth Act No. 141, equivalent to the period of acquisitive prescription 5 ]) by a private individual personally and through his predecessors confers an effective title on said possessor, whereby the land ceases to be land of the public domain and becomes private property." I hereby reproduce the same by reference for brevity's sake. But since we are reverting to the old above-cited established doctrine and precedents and discarding the Meralco and Iglesia ni Cristo cases which departed therefrom in the recent past, I feel constrained to write this concurrence in amplification of my views and ratio decidendi.
and neither is there any prohibition against the application being refiled with retroactive effect in the name of the srcinal owners and vendors (as such natural persons) with the end result of their application being granted, because of their indisputable acquisition of ownership by operation of law and the conclusive presumption therein provided in their favor. It should not be necessary to go through all the rituals at the great cost of refiling of all such applications in their names and adding to the overcrowded court dockets when the Court can after all these years dispose of it here and now." (Paragraphing supplied) The effect is that the majority opinion now nullifies the statutory provision that only citizens (natural persons) can apply for certificates of title under Section 48(b) of the Public Land Act, as well as the constitutional provision (Article XIV, Section 11) which prohibits corporations from acquiring title to lands of the public domain. That interpretation or construction adopted by the majority cannot be justified. "A construction adopted should not be
Under the express text and mandate of the cited Act, such possessors "shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be 31
entitled to a certificate of title under the provisions of this chapter. "
property and grant the possessors the opportunity to establish and record such fact. Thus, the deadline for the filing of such application which would have srcinally expired first on December 31, 1938 was successively extended to December 31, 1941, then extended to December 31, 1957, then to December 31, 1968, further extended to December 31, 1976 and lastly extended to December 31, 1987. 7
The Court thus held in Susi that under the presumption juris et de jure established in the Act, the rightful possessor of the public land for the statutory period "already acquired, by operation of law, not only a right to a grant, but a grant of the Government, for it is not necessary that certificate of title should be issued an order that said grant may be sanctioned by the courts, an application therefore is sufficient . . . . If by a legal fiction, Valentin Susi had acquired the land in question by a grant of the State, it had already ceased to be of the public domain and had become private property, at least by presumption, of Valentin Susi, beyond the control of the Director of Lands [and beyond his authority to sell to any other person]. " 6
The cited Act's provision that only natural persons may apply thereunder for confirmation of title is in effect a technicality of procedure and not of substance. My submittal in Meralco, mutatis mutandis, is properly applicable: "The ends of justice would best be served, therefore, by considering the applications for confirmation as amended to conform to the evidence, i.e. as filed in the names of the srcinal persons who as natural persons are duly qualified to apply for formal confirmation of the title that they had acquired by conclusive presumption and mandate of the Public Land Act and who thereafter duly sold to the herein corporations (both admittedly Filipino corporations duly qualified to hold and own private lands) and granting the applications for confirmation of title to the private lands so acquired and sold or exchanged." 8 Indeed, then Chief Justice Enrique M. Fernando likewise dissented along the same line from the majority ruling therein and held: "I dissent insofar as the opinion of the Court would characterize such jurisdictional defect that the applicant was Meralco, a juridical person rather than the natural persons-transferors, under the particular circumstances of this case, as an insurmountable obstacle to the relief sought. I would apply by analogy, although the facts could be distinguished, the approach followed by us in Francisco v. City of Davao, where the legal question raised, instead of being deferred and possibly taken up in another case, was resolved. By legal fiction and in the exercise of our equitable jurisdiction, I feel that the realistic solution would be to decide the matter as if the application under Section 48(b) were filed by the Piguing spouses, who I assume suffer from no such disability." 9 Justice Vicente Abad Santos, now retired, while concurring in the procedural result, likewise, in effect dissented from the therein majority ruling on the question of substance, and stated his opinion that "the lots which are sought to be registered have ceased to be lands of the public domain at the time they were acquired by the petitioner corporation. They are already private lands because
The root of the doctrine goes back to the pronouncement of Justice Oliver Wendell Holmes for the U.S. Supreme Court in the 1909 case of Carino (the Igorot chief who would have been deprived of ancestral family lands by the dismissal of his application for registration) which reversed the dismissal of the registration court (as affirmed by the Supreme Court) and adopted the liberal view that under the decree and regulations of June 25, 1880, "The words 'may prove' (acrediten), as well, or better, in view of the other provisions, might be taken to mean when called upon to do so in any litigation. There are indications that registration was expected from all, but none sufficient to show that, for want of it, ownership actually gained would be lost. The effect of the proof, whenever made, was not to confer title, but simply to establish it, as already conferred by the decree, if not by earlier law." The Court's decision at bar now expressly overturns the Meralco and related cases subsequent thereto which failed to adhere to the aforecited established doctrine dating back to 1909 and was consistently applied up to June 29, 1982 (when the Meralco decision was promulgated).<äre||anº•1àw> We reaffirm the established doctrine that such acquisitive prescription of alienable public lands takes place ipso jure or by operation of law without the necessity of a prior issuance of a certificate of title. The land ipso jure ceases to be of the public domain and becomes private property, which may be lawfully sold to and acquired by qualified corporations such as respondent corporation. (As stressed in Herico "the application is aofmere formality, the lacksupra, of which does not affectfor theconfirmation legal sufficiency the title.")
of acquisitive prescription by the predecessors of the petitioner and all that is needed is the confirmation of the title. Accordingly, the constitutional provision that no private corporation or association may hold alienable lands of the public domain is inapplicable. " 10
Such ipso jure conversion into private property of public lands publicly held under a bona fide claim of acquisition or ownership is the public policy of the Act and is so expressly stated therein. By virtue of such conversion into private property, qualified corporations may lawfully acquire them and there is no "alteration or defeating" of the 1973 Constitution's prohibition against corporations holding or acquiring title to lands of the public domain, as claimed in the dissenting opinion, for the simple reason that no public lands are involved. It should be noted that respondent corporation purchased the land from the Infiels on October 16, 1962 under the aegis of the 1935 Constitution which contained no prohibition against corporations holding public lands (except a limit of 1,024 hectares) unlike the later 1973 Constitution which imposed an absolute prohibition. Even on the erroneous assumption that the land remained public land despite the Infiels' open possession thereof as owners from time immemorial, respondent corporation's lawful purchase from them of the land in 1962 and P 45million investments redounding
To my mind, the reason why the Act limits the filing of such applications to natural citizens who may prove their undisputed and open possession of public lands for the required statutory thirty-year period, tacking on their predecessors'-in-interest possession is that only natural persons, to the exclusion of juridical persons such as corporations, can actually, physically and in reality possess public lands for the required statutory 30-year period. That juridical persons or corporations cannot do so is obvious. But when the natural persons have fulfilled the required statutory period of possession, the Act confers on them a legally sufficient and transferable title. It is preferable to follow the letter of the law that they file the applications for confirmation of their title, although they have lawfully transferred their title to the land. But such procedural failure cannot and should not defeat the substance of the law, as stressed in the above-cited opinions, that the lands are already private lands because of acquisitive prescription by the corporation's predecessors and the realistic solution would be to
presumably the to the welfare of andMaconacon, progress ofIsabela the community, particularly municipality to which it donated part of the land for the townsite created a vested right which could not be impaired by the prohibition adopted eleven years later. But as sufficiently stressed, the land of the Infiels had been ipso jure converted into private land and they had a legally sufficient and transferable title conferred by the conclusive presumption of the Public Land Act (which needed only to be established in confirmation of title proceedings for formalization and issuance of the certificate of title) which they lawfully and validly transferred to respondent corporation.
consider the application foraccordance confirmation filed by the confirm natural persons-transferors, and in withasthe evidence, their title to the private lands so converted by operation of law and lawfully transferred by them to the corporation. The law, after all, recognizes the validity of the transfer and sale of the private land to the corporation. It should not be necessary to go in a round-about way and have the corporation reassign its rights to the private land to natural persons-(as I understand), was done after the decision in the Meralco and Iglesia ni Cristo cases) just for the purpose of complying on paper with the technicality of having natural persons file the application for confirmation of title to the private land.
In fact, the many amendments to the Act extending the period for the filing of such applications for judicial confirmation of imperfect and incomplete titles to alienable and disposable public lands expressly reiterate that it has always been the "policy of the State to hasten the settlement, adjudication and quieting of titles to [such] unregistered lands," i.e. to recognize that such lands publicly and notoriously occupied and cultivated under bona fide claim of acquisition or ownership have ipso jure been converted into private
MELENCIO-HERRERA, J., dissenting: Section 48 of the Public Land Act, in part, provides: SEC. 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such 32
lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:
prohibits corporations from acquiring title to lands of the public domain. That interpretation or construction adopted by the majority cannot be justified. "A construction adopted should not be such as to nullify, destroy or defeat the intention of the legislature" (New York State Dept. of Social Services v. Dublino [UST 37 L. Ed 2d 688, 93 S Ct 2507; United States v. Alpers 338 US 680, 94 L Ed 457, 70 S Ct 352; cited in 73 Am Jur. 2nd., p. 351).
(a) ... (b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed are the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
It has also been said that: In the construction of statutes, the courts start with the assumption that the legislature intended to enact an effective law, and the legislature is not to be presumed to have done a vain thing in the enactment of a statute. Hence, it is a general principle that the courts should, if reasonably possible to do so interpret the statute, or the provision being construed, so as to give it efficient operation and effect as a whole. An interpretation should, if possible, be avoided, under which the statute or provision being construed is defeated, or as otherwise expressed, nullified, destroyed, emasculated, repealed, explained away, or rendered insignificant, meaningless, inoperative, or nugatory. If a statute is fairly susceptible of two constructions, one of which will give effect to the act, while the other will defeat it, the former construction is preferred. One part of a statute may not be construed so as to render another part nugatory or of no effect. Moreover, notwithstanding the general rule against the enlargement of extension of a statute by construction, the meaning of a statute may be extended beyond the precise words used in the law, and words or phrases may be altered or supplied, where this is necessary to prevent a law from becoming a nullity. Wherever the provision of a statute is general everything which is necessary to make such provision effectual is supplied by implication. (Pliakos vs. Illinois Liquor Control Com. 11 III 2d 456, 143 NE2d 47; cited in 73 AM Jur. 2d pp. 422-423)
(c) ... Article XIV, Section 11, of the 1973 Constitution, in part, provides: SEC. 11. .... No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares .... It has to be conceded that, literally, statutory law and constitutional provision prevent a corporation from directly applying to the Courts for the issuance of Original Certificates of Title to lands of the public domain (Manila Electric Company vs. Castro-Bartolome, 114 SCRA 799; Republic vs. Villanueva, 114 SCRA 875; Republic vs. Court of Appeals, 119 SCRA 449; Iglesia ni Cristo vs. Hon. Judge, CFI of Nueva Ecija, Br. 1). It is my opinion that the literalism should be adhered to in this case. The reasoning of the majority can be restated in simple terms as follows:
The statutory provision and the constitutional prohibition express a public policy. The proper course for the Court to take is to promote in the fullest manner the policy thus laid down and to avoid a construction which would alter or defeat that policy.
(a) The INFIELS can successfully file an application for a certificate
In fine, I confirm my adherence to the ruling of this Court in
of title over the land involved in the case. (b) After the INFIELS secure a certificate of title, they can sell the land to ACME.
Meralcocases. vs. Hon. Castro-Bartolome, 114 SCRA 799 [1982] and related
(c) As ACME can eventually own the certificate of title, it should be allowed to directly apply to the Courts for the Certificate of Title, thus avoiding the circuituous "literal" requirement that the INFIELS should first apply to the courts for the titles, and afterwards transfer the title to ACME.
XVII.
REP. VS TAN
FIRST DIVISION REPUBLIC OF THE PHILIPPINES, G.R. No. 154953
Petitioner,
The majority opinion, in effect, adopted the following excerpt from a dissent in Manila Electric Company vs. Castro-Bartolome (114 SCRA 799, 823 [1982]).
Present:
PUNO, C.J., Chairperson, CARPIO, - versus AZCUNA, and LEONARDO-DE CASTRO,JJ.
To uphold respondent judge's denial of Meralco's application on the technicality that the Public Land Act allows only citizens of the Philippines who are natural persons to apply for confirmation of their title would be impractical and would just give rise to multiplicity of court actions. Assuming that there was a technical error in not having filed the application for registration in the name of the Piguing spouses as the srcinal owners and vendors,
CORONA,
T.A.N. PROPERTIES, INC.,Promulgated:
Respondent.
June
26,
2008
still it is conceded that there is no prohibition against their sale of the land to the applicant Meralco
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----x
and neither is there any prohibition against the application being refiled with retroactive effect in the name of the srcinal owners and vendors (as such natural persons) with the end result of their application being granted, because of their indisputable acquisition of ownership by operation of law and the conclusive presumption therein provided in their favor.
DECISION CARPIO, J.:
It should not be necessary to go through all the rituals at the great cost of refiling of all such applications in their names and adding to the overcrowded court dockets when the Court can after all these years dispose of it here and now." (Emphasis supplied)
The Case
Before the Court is a petition for review1[1] assailing the 21
The effect is that the majority opinion now nullifies the statutory provision that only citizens (natural persons) can apply for certificates of title under Section 48(b) of the Public Land Act, as well as the constitutional provision (Article XIV, Section 11) which
1[1]
33
Under Rule 45 of the 1997 Rules of Civil Procedure.
August 2002 Decision2[2] of the Court of Appeals in CA-G.R. CV No. 66658. The Court of Appeals affirmedin toto the 16 December 1999 Decision3[3] of the Regional Trial Court of Tanauan, Batangas, Branch 6 (trial court) in Land Registration Case No. T-635.
The Ruling of the Trial Court
In its 16 December 1999 Decision, the trial court adjudicated the land in favor of respondent.
The Antecedent Facts
The trial court ruled that a juridical person or a corporation could apply for registration of land provided such entity and its predecessors-in-interest have possessed the land for 30 years or more. The trial court ruled that the facts showed that respondent’s predecessors-in-interest possessed the land in the concept of an owner prior to 12 June 1945, which possession converted the land to private property.
This case srcinated from an Application for Original Registration of Title filed by T.A.N. Properties, Inc. covering Lot 10705-B of the subdivision plan Csd-04-019741 which is a portion of the consolidated Lot 10705, Cad-424, Sto. Tomas Cadastre. The land, with an area of 564,007 square meters, or 56.4007 hectares, is located at San Bartolome, Sto. Tomas, Batangas. On 31 August 1999, the trial court set the case for initial hearing at 9:30 a.m. on 11 November 1999. The Notice of Initial Hearing was published in the Official Gazette, 20 September 1999 issue, Volume 95, No. 38, pages 6793 to 6794,4[4] and in the 18 5[5] a newspaper of October 1999 issue of People’s Journal Taliba, general circulation in the Philippines. The Notice of Initial Hearing was also posted in a conspicuous place on the bulletin board of the Municipal Building of Sto. Tomas, Batangas, as well as in a conspicuous place on the land.6[6] All adjoining owners and all government agencies and offices concerned were notified of the initial hearing.7[7]
The dispositive portion of the trial court’s Decision reads:
WHEREFORE, and upon previous confirmation of the Order of General Default, the Court hereby adjudicates and decrees LotTomas 10705-B, identical Lot 13637, Cad-424, Sto. Cadastre, onto plan Csd-04-019741, situated in Barangay of San Bartolome, Municipality of Sto. Tomas, Province of Batangas, with an area of 564,007 square meters, in favor of and in the name of T.A.N. Properties, Inc., a domestic corporation duly organized and existing under Philippine laws with principal office at 19th Floor, PDCP Bank Building, 8737 Paseo de Roxas, Makati City.
On 11 November 1999, when the trial court called the case for initial hearing, there was no oppositor other than the Opposition dated 7 October 1999 of the Republic of the Philippines represented by the Director of Lands (petitioner). On 15 November 1999, the trial court issued an Order8[8] of General Default against the whole world except as against petitioner.
Once this Decision shall have become final, let the corresponding decree of registration be issued. SO ORDERED.12[12]
During the hearing on 19 November 1999, Ceferino Carandang (Carandang) appeared as oppositor. The trial court gave Carandang until 29 November 1999 within which to file his written opposition.9[9] Carandang failed to file his written opposition and to appear in the succeeding hearings. In an
Petitioner appealed from the trial court’s Decision.
Petitioner alleged that the trial court erred in granting the application for registration absent clear evidence that the applicant and its predecessors-in-interest have complied with the period of possession and occupation as required by law. Petitioner alleged that the testimonies of Evangelista and Torres are general in nature. Considering the area involved, petitioner argued that additional witnesses should have been presented to corroborate Evangelista’s testimony.
10[10]
dated 13 December 1999, the trial court reinstated the Order of General Default. During the hearings conducted on 13 and 14 December 1999, respondent presented three witnesses: Anthony Dimayuga Torres (Torres), respondent’s Operations Manager and its
authorized representative in the case; Primitivo Evangelista (Evangelista), a 72-year old resident of San Bartolome, Sto. Tomas, Batangas since birth; and Regalado Marquez, Records Officer II of the Land Registration Authority (LRA), Quezon City.
The Ruling of the Court of Appeals
In its 21 August 2002 Decision, the Court of Appeals affirmed in toto the trial court’s Decision.
The testimonies of respondent’s witnesses showed that
The Court of Appeals ruled that Evangelista’s knowledge
Prospero Dimayuga (Kabesang Puroy) had peaceful, adverse, open, and continuous possession of the land in the concept of an owner since 1942. Upon his death, Kabesang Puroy was succeeded by his son Antonio Dimayuga (Antonio). On 27 September 1960, Antonio executed a Deed of Donation covering the land in favor of one of his children, Fortunato Dimayuga (Fortunato). Later, however, Antonio gave Fortunato another piece of land. Hence, on 26 April 1961, Antonio executed a Partial Revocation of Donation, and the
of the possession and occupation of the land stemmed not only from the fact that he worked there for three years but also because he and Kabesang Puroy were practically neighbors. On Evangelista’s failure to mention the name of his uncle who
continuously worked on the land, the Court of Appeals ruled that Evangelista should not be faulted as he was not asked to name his uncle when he testified. The Court of Appeals also ruled that at the
Dimayuga (Porting).11[11] On 8 A ugust 1997, Porting sold the land to
outset, Evangelista disclaimed knowledge of Fortunato’s relation to Kabesang Puroy, but this did not affectEvangelista’s statement
respondent.
after Kabesang Puroy’s death. The Court of Appeals further ruled
land was adjudicated to one of Antonio’s children, Prospero
that Fortunato took over the possession and cultivation of the land that the events regarding the acquisition and disposition of the land became public knowledge because San Bartolome was a small community. On the matter of additional witnesses, the Court of Appeals ruled that petitioner failed to cite any law requiring the
2[2]
Rollo, pp. 63-70. Penned by Associate Justice Buenaventura J. Guerrero with Associate Justices Rodrigo V. Cosico and Perlita J. Tria Tirona, concurring. 3[3] Id. at 56-61. Penned by Judge Flordelis Ozaeta Navarro. 4[4] Records, p. 78. 5[5] Id. at 81. 6[6] Id. at 66. 7[7] Id. at 69. 8[8] Id. at 99. 9[9] Id. at 101. 10[10] Id. at 111. 11[11] Also referred to as Forting.
corroboration of the sole witness’ testimony.
The Court of Appeals further ruled that Torres was a competent witness since he was only testifying on the fact that he had caused the filing of the application for registration and that respondent acquired the land from Porting. Petitioner comes to this Court assailing the Court of
Appeals’ Decision. Petitioner raises the following grounds in its
Memorandum: The Court of Appeals erred on a question of law in allowing the grant of title to 12[12]
34
Rollo, pp. 60-61.
applicant corporation despite the following: 1.
Absence of showing that it or its predecessors-in-interest had open, continuous, exclusive, and notorious possession and occupation in the concept of an owner since 12 June 1945 or earlier; and
2.
Disqualification of applicant corporation to acquire the subject tract of land.13[13]
certificate of land classification status for lands covering over 50 hectares. DAO No. 38,19[19] dated 19 April 1990, amended DAO No. 20, series of 1988. DAO No. 38, series of 1990 retained the authority of the CENRO to issue certificates of land classification status for areas below 50 hectares, as well as the authority of the PENRO to issue certificates of land classification status for lands covering over 50 hectares.20[20] In this case, respondent applied for registration of Lot 10705-B. The area covered by Lot 10705-B is over 50 hectares (564,007 square meters). The CENRO certificate covered the entire Lot 10705 with an area of 596,116 square meters which, as per DAO No. 38, series of 1990, is beyond the authority of the CENRO to certify as alienable and disposable. The Regional Technical Director, FMS-DENR, has no authority under DAO Nos. 20 and 38 to issue certificates of land classification. Under DAO No. 20, the Regional Technical Director, FMS-DENR:
The Issues
The issues may be summarized as follows: 1.
Whether the land is alienable and disposable;
2.
Whether respondent or its predecessors-in-interest had open, continuous, exclusive, and notorious possession and occupation of the land in the concept of an owner since June 1945 or earlier; and
3.
Whether respondent is qualified to apply for registration of the land under the Public Land Act.
1.
Issues srcinal and renewal of ordinary minor
2. 3.
products (OM) permits except rattan; permits; Approves renewal of resaw/mini-sawmill Approves renewal of special use permits covering over five hectares for public infrastructure projects; and Issues renewal of certificates of registration for logs, poles, piles, and lumber dealers.
4.
Under DAO No. 38, the Regional Technical Director, FMS-DENR: 1.Issues srcinal and renewal of ordinary minor [products] (OM) permits except rattan; 2. Issues renewal of certificate of registration for logs, poles, and piles and lumber dealers; 3. Approves renewal of resaw/mini-sawmill permits; 4. Issues public gratuitous permits for 20 to 50 cubic meters within calamity declared areas for public infrastructure projects; and 5. Approves srcinal and renewal of special use permits covering over five hectares for public infrastructure projects.
The Ruling of this Court
The petition has merit. Respondent Failed to Prove that the Land is Alienable and Disposable
Petitioner argues that anyone who applies for registration has the burden of overcoming the presumption that the land forms part of the public domain. Petitioner insists that respondent failed to prove that the land is no longer part of the public domain.
Hence, the certification issued by the Regional Technical Director, FMS-DENR, in the form of a memorandum to the trial court, has no probative value.
The well-entrenched rule is that all lands not appearing to be clearly of private dominion presumably belong to the State.14[14] The onus to overturn, by incontrovertible evidence, the presumption that the land subject of an application for registration 15[15] is alienable and disposable rests with the applicant.
Further, it is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land registration must prove that the DENR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the PENRO or CENRO. In addition, the applicant for land registration must present a copy of the srcinal classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable and disposable. Respondent failed to do so because the certifications presented by respondent do not, by themselves, prove that the land is alienable and disposable.
In this case, respondent submitted two certifications issued by the Department of Environment and Natural Resources (DENR). The 3 June 1997 Certification by the Community Environment and Natural Resources Offices (CENRO), Batangas City,16[16] certified that “lot 10705, Cad-424, Sto. Tomas Cadastre situated at Barangay San Bartolome, Sto. Tomas, Batangas with an area of 596,116 square meters falls within the ALIENABLE AND DISPOSABLE ZONE under Project No. 30, Land Classification Map No. 582 certified [on] 31 December 1925.” The second certification17[17] in the form of a memorandum to the trial court, which was issued by the Regional Technical Director, Forest Management Services of the DENR (FMS-DENR), stated “that the subject area within an alienable andondisposable land,per Project No. 30 of Sto.falls Tomas, Batangas certified Dec. 31, 1925 LC
Only Torres, respondent’s identified the certifications submitted by Operations respondent.Manager, The government officials who issued the certifications were not presented before the trial court to testify on their contents. The trial court should not
No. 582.”
The certifications are not sufficient. DENR Administrative Order (DAO) No. 20,18[18] dated 30 May 1988, delineated the functions and authorities of the offices within the DENR. Under DAO No. 20, series of 1988, the CENRO issues certificates of land classification status for areas below 50 hectares. The Provincial Environment and Natural Resources Offices (PENRO) issues
19[19]
Revised Regulations on the Delineation of Functions and Delineation of Authorities. On 2 June 1998, DAO No. 98-24 was issued, adopting a DENR Manual of Approvals delegating authorities and delineating functions in the DENR Central and Field Offices. DAO No. 98-24 superseded DAO Nos. 38 and 38A and all inconsistent orders and circulars involving delegated authority. DAO No. 98-24 is silent on the authority to issue certificates of land classification status, whether for areas below 50 hectares or for lands covering over 50 hectares. The CENRO certification in this case was issued prior to the adoption of the DENR Manual of Approvals.
20[20]
13[13]
Id. at 173-174. Republic v. Naguiat , G.R. No. 134209, 24 January 2006, 479 SCRA 585. 15[15] Id. 16[16] Records, p. 143. Signed by CENR Officer Pancrasio M. Alcantara. 17[17] Id. at 91. Signed by Wilfredo M. Riña. 18[18] Delineation of Regulatory Functions and Authorities. 14[14]
35
have accepted the contents of the certifications as proof of the facts stated therein. Even if the certifications are presumed duly issued and admissible in evidence, they have no probative value in establishing that the land is alienable and disposable.
The Court has also ruled that a document or writing admitted as part of the testimony of a witness does not constitute proof of the facts stated therein.27[27] Here, Torres, a private individual
and
respondent’s
representative,
identified
the
certifications but the government officials who issued the certifications did not testify on the contents of the certifications. As 28[28] The such, the certifications cannot be given probative value. contents of the certifications are hearsay because Torres was incompetent to testify on the veracity of the contents of the certifications.29[29] Torres did not prepare the certifications, he was not an officer of CENRO or FMS-DENR, and he did not conduct any verification survey whether the land falls within the area classified by the DENR Secretary as alienable and disposable.
Public documents are defined under Section 19, Rule 132 of the Revised Rules on Evidence as follows: (a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
Petitioner also points out the discrepancy as to when the land allegedly became alienable and disposable. The DENR Secretary certified that based on Land Classification Map No. 582, the land became alienable and disposable on 31 December 1925. However, the certificate on the blue print plan states that it became alienable and disposable on 31 December 1985.
(b) Documents acknowledged before a notary public except last wills and testaments; and (c) of Public keptrequired in theby Philippines, privaterecords, documents law to be entered therein.
We agree with petitioner that while the certifications submitted by respondent show that under the Land Classification Map No. 582, the land became alienable and disposable on 31 December 1925, the blue print plan states that it became alienable
Applying Section 24 of Rule 132, the record of public documents referred to in Section 19(a), when admissible for any purpose, may be evidenced by an official publication thereof or by a copy
and disposable on 31 December 1985. Respondent alleged that “the
blue print plan merely serves to prove the precise location and the metes and bounds of the land described therein x x x and does not in any way certify the nature and classification of the land involved.”30[30] It is true that the notation by a surveyor-geodetic engineer on the survey plan that the land formed part of the alienable and disposable land of the public domain is not sufficient proof of the land’s classification.31[31] However, respondent should have at least presented proof that would explain the discrepancy in the dates of classification. Marquez, LRA Records Officer II, testified that the documents submitted to the court consisting of the tracing cloth plan, the technical description of Lot 10705-B, the
attested by the officer having legal custody of the record, or by his deputy x x x. The CENRO is not the official repository
or legal custodian of the issuances of the DENR Secretary declaring public lands as alienable and disposable. The CENRO should have attached an official publication21[21] of the DENR Secretary’s issuance declaring the land alienable and disposable. Section 23, Rule 132 of the Revised Rules on Evidence provides: Sec. 23. Public documents as evidence. Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts stated therein. All other public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter.
approved
subdivision
plan,
and
the
Geodetic
Engineer’s
certification were faithful reproductions of the srcinal documents in the LRA office. He did not explain the discrepancy in the dates. Neither was the Geodetic presented explain from why the date of classification on theEngineer blue print plan wastodifferent the other certifications submitted by respondent. There was No Open, Continuous, Exclusive, and Notorious Possession and Occupation in the Concept of an Owner
The CENRO and Regional Technical Director, FMS-DENR, certifications do not fall within the class of public documents contemplated in the first sentence of Section 23 of Rule 132. The
Petitioner alleges that the trial court’s reliance on the
certifications do not reflect “entries in public records made in the performance of a duty by a public officer,” such as entries made by
testimonies of Evangelista and Torres was misplaced. Petitioner alleges that Evangelista’s statement that the possession of respondent’s predecessors-in-interest was open, public,
the Civil Registrar22[22] in the books of registries, or by a ship captain in the ship’s logbook.23[23] The certifications are not the certified copies or authenticated reproductions of srcinal official records in the legal custody of a government office. The 24[24] The certifications are not even records of public documents. certifications are conclusions unsupported by adequate proof, and thus have no probative value.25[25] Certainly, the certifications cannot be considered prima facie evidence of the facts stated therein.
continuous, peaceful, and adverse to the whole world was a general conclusion of law rather than factual evidence of possession of title. Petitioner alleges that respondent failed to establish that its predecessors-in-interest had held the land openly, continuously, and exclusively for at least 30 years after it was declared alienable and disposable. We agree with petitioner.
The CENRO and Regional Technical Director, FMSDENR, certifications do not prove that Lot 10705-B falls within the alienable and disposable land as proclaimed by the DENR Secretary. Such government certifications do not, by their mere 26[26] Such government issuance, prove the facts stated therein. certifications may fall under the class of documents contemplated in the second sentence of Section 23 of Rule 132. As such, the certifications are prima facie evidence of their due execution and date of issuance but they do not constitute prima facie evidence of the facts stated therein.
Evangelista testified that Kabesang Puroy had been in possession of the land before 1945. Yet, Evangelista only worked on the land for three years. Evangelista testified that his family owned a lot near Kabesang Puroy’s land. The Court of Appeals took note of this and ruled that Evangelista’s knowledge of Kabesang Puroy’s possession of the land stemmed “no t only from the fact that he had
worked thereat but more so that they were practically neighbors.”32[32] The Court of Appeals observed: In a small community such as that of San Bartolome, Sto. Tomas, Batangas, it is not difficult to understand that people in the said
21[21]
Salic v. Comelec , 469 Phil. 775 (2004). Article 410, Civil Code. Haverton Shipping Ltd. v. NLRC , 220 Phil. 356 (1985). 24[24] Delfin v. Billones , G.R. No. 146550, 17 March 2006, 485 SCRA 38. 25[25] Ambayec v. Court of Appeals , G.R. No. 162780, 21June 2005, 460 SCRA 537. 26[26] Supra note 23. 22[22] 23[23]
27[27] 28[28] 29[29] 30[30] 31[31] 32[32]
36
Id. Id. People v. Patamama , 321 Phil. 193 (1995). Rollo, p. 152. Menguito v. Republic , 401 Phil. 274 (2000). Rollo, p. 67.
community knows each and everyone. And, because of such familiarity with each other, news or events regarding the acquisition or disposition for that matter, of a vast tract of land spreads like wildfire, thus, the reason why such an event became of public knowledge to them.33[33]
conditions therefor. The 1987 Constitution absolutely prohibits private corporations from acquiring any kind of alienable land of the public domain. In Chavez v. Public Estates Authority,35[35] the Court traced the law on disposition of lands of the public domain. Under the 1935 Constitution, there was no prohibition against private corporations from acquiring agricultural land. The 1973 Constitution limited the alienation of lands of the public domain to individuals who were citizens of the Philippines. Under the 1973 Constitution, private corporations, even if wholly owned by Filipino citizens, were no longer allowed to acquire alienable lands of the public domain. The present 1987 Constitution continues the prohibition against private corporations from acquiring any kind of alienable land of the public domain.36[36] The Court explained inChavez:
Evangelista testified that Kabesang Puroy was succeeded by Fortunato. However, he admitted that he did not know the exact relationship between Kabesang Puroy and Fortunato, which is rather unusual for neighbors in a small community. He did not also know the relationship between Fortunato and Porting. In fact, Evangelista’s testimony is contrary to the factual finding of the trial
court that Kabesang Puroy was succeeded by his son Antonio, not by Fortunato who was one of Antonio’s children. Antonio was not even mentioned in Evangelista’s testimony.
The 1987 Constitution continues the State policy in the 1973 Constitution banning private corporations from acquiringany kind
The Court of Appeals ruled that there is no law that requires thatinthethis testimony of a single witness needs corroboration. However, case, we find Evangelista’s unco rroborated testimony insufficient to prove that respondent’s predecessors -in-
of land Constitution, of the publicthe domain. Likealienable the 1973 1987
fact of respondent’s acquisition of the land. While he claimed to be
[I]f the constitutional intent is to prevent huge landholdings, the Constitution could have simply limited the size of alienable lands of the public domain that corporations could acquire. The Constitution could have followed the limitations on individuals, who could acquire not more than 24 hectares of alienable lands of the public domain under the 1973 Constitution, and not more than 12 hectares under the 1987 Constitution.
Constitution allows private corporations to hold alienable lands of the public domain only through lease. x x x x
interest had been in possession of the land in the concept of an owner for more than 30 years. We cannot consider the testimony of Torres as sufficient corroboration. Torres testified primarily on the related to the Dimayugas, his knowledge of their possession of the land was hearsay. He did not even tell the trial court where he obtained his information. The tax declarations presented were only for the years starting 1955. While tax declarations are not conclusive evidence of 34[34] ownership, they constitute proof of claim of ownership. Respondent did not present any credible explanation why the realty taxes were only paid starting 1955 considering the claim that the Dimayugas were allegedly in possession of the land before 1945. The payment of the realty taxes starting 1955 gives rise to the presumption that the Dimayugas claimed ownership or possession of the land only in that year.
If the constitutional intent is to encourage economic family-size farms, placing the land in the name of a corporation would be more effective in preventing the break-up of farmlands. If the farmland is registered in the name of a corporation, upon the death of the owner, his heirs would inherit shares in the corporation instead of subdivided parcels of the farmland. This would prevent the continuing break-up of farmlands into smaller and smaller plots from one generation to the next.
Land Application by a Corporation
Petitioner asserts that respondent, a private corporation, cannot apply for registration of the land of the public domain in this case. We agree with petitioner. Section 3, Article XII of the 1987 Constitution provides:
In actual practice, the constitutional ban strengthens the constitutional limitation on individuals from acquiring more than the allowed area of alienable lands of the public domain. Without the constitutional ban, individuals who already acquired the maximum area of alienable lands of the public domain could easily set up corporations to acquire more alienable public lands. An individual could own as many corporations as his means would allow him. An individual could even hide his ownership of a corporation by putting his nominees as stockholders of the corporation. The corporation is a convenient vehicle to circumvent the
Sec. 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead or grant.
constitutionalof limitation on acquisition by individuals alienable lands of the public domain. The constitutional intent, under the 1973 and 1987 Constitutions, is to transfer ownership of only a limited area of alienable land of the public domain to a qualified individual. This constitutional intent is safeguarded by the provision prohibiting corporations from acquiring alienable lands of the public domain, since the vehicle to circumvent the constitutional intent is removed. The available alienable public lands are gradually decreasing in the face of an ever-growing population. The most effective way to insure faithful adherence to this constitutional
Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the 33[33]
Id. at 68. Ganila v. Court of Appeals , G.R. No. 150755, 28 June 2005, 461 SCRA 435. 34[34]
35[35] 36[36]
37
433 Phil. 506 (2002). Id.
intent is to grant or sell alienable lands of the public domain only to individuals. This, it would seem, is the practical benefit arising from the constitutional ban.37[37]
prohibition against said corporation’s holding or
In Director of Lands v. IAC,38[38] the Court allowed the land registration proceeding filed by Acme Plywood & Veneer Co., Inc. (Acme) for five parcels of land with an area of 481,390 square meters, or 48.139 hectares, which Acme acquired from members of the Dumagat tribe. The issue in that case was whether the title could be confirmed in favor of Acme when the proceeding was instituted after the effectivity of the 1973 Constitution which prohibited private corporations or associations from holding alienable lands of the public domain except by lease not to exceed 1,000 hectares. The Court ruled that the land was already
Director of Lands is not applicable to the present case. In Director of Lands, the “land x x x was already private property at the time it was acquired x x x by Acme .” In this
private land when Acme acquired it from its owners in 1962, and thus Acme acquired a registrable title. Under the 1935
For Director of Lands to apply and enable a corporation to file for registration of alienable and disposable land, the corporation must have acquired the land when its transferor had already a vested right to a judicial confirmation of title to the land
owning private land. x x x.40[40] (Emphasis supplied)
case, respondent acquired the land on 8 August 1997 from Porting, who, along with his predecessors-in-interest, has not shown to have been, as of that date, in open, continuous, and adverse possession of the land for 30 years since 12 June 1945. In short, when respondent acquired the land from Porting, the land was not yet private property.
Constitution, private corporations could acquire public agricultural lands not exceeding 1,024 hectares while individuals 39[39]
could acquire not more than 144 hectares. In Director of Lands, the Court further ruled that open, exclusive, and undisputed possession of alienable land for the period prescribed by law created the legal fiction whereby the land, upon completion of the requisite period,ipso jure and without the need of judicial or other sanction ceases to be public land and becomes private property. The Court ruled:
by virtue his open, continuous adverse possession land in theofconcept of an owner forand at least 30 years since of 12 the June 1945. Thus, in Natividad v. Court of Appeals,41[41] the Court declared: Under the facts of this case and pursuant to the above rulings, the parcels of land in question had already been converted to private ownership through acquisitive prescription by the predecessors-in-interest of TCMC when the latter purchased them in 1979. All that was needed was the confirmation of the titles of the previous owners or predecessors-in-interest of TCMC.
Nothing can more clearly demonstrate the logical inevitability of considering possession of public land which is of the character and duration prescribed by statute as the equivalent of an express grant from the State than the dictum of the statute itself that the possessor(s)
Being already private land when TCMC bought them in 1979, the prohibition in the 1973 Constitution against corporations acquiring alienable lands of the public domain except through lease (Article XIV, Section 11, 1973 Constitution) did not apply to them for they were no longer alienable lands of the public domain but private property.
“x x x shall be conclusively presumed to have
performed all the conditions essential to a Government grant and shall be entitled to a certificate of title x x x.” No proof being
admissible to overcome a conclusive presumption, confirmation proceedings would, in truth be little more than a formality, at the most limited to ascertaining whether the possession claimed is of the required character and length of time; and registration thereunder would not confer title, but simply recognize a title already vested. The proceedings would not srcinally convert the land from public to private land, but only confirm such a conversion already effected by operation of law from the moment the required period of possession became complete.
What is determinative for the doctrine in Director of Lands to apply is for the corporate applicant for land registration
to establish that when it acquired the land, the same was already private land by operation of law because the statutory acquisitive prescriptive period of 30 years had already lapsed. The length of possession of the land by the corporation cannot be tacked on to complete the statutory 30 years acquisitive prescriptive period. Only an individual can avail of such acquisitive prescription since both the 1973 and 1987 Constitutions prohibit corporations from acquiring lands of the public domain.
x x x [A]lienable public land held by a possessor, personally or through his predecessors-in-interest, openly, continuously and exclusively for the prescribed statutory period of (30 years under The Public Land Act, as amended) is converted to private property by the mere lapse or completion of said period , ipso jure. Following that rule and on the basis of the undisputed facts, the land subject of this
Admittedly, a corporation can at present still apply for srcinal registration of land under the doctrine in Director of Lands. Republic Act No. 9176 42[42] (RA 9176) further amended the Public Land Act43[43] and extended the period for the filing of applications for judicial confirmation of imperfect and incomplete titles to alienable and disposable lands of the public domain until 31 December 2020. Thus:
appeal was already private property at the time it was acquired from the Infiels Acme. Acme thereby acquir ed by a registrable title, there being at the time no
37[37] 38[38] 39[39]
Sec. 2. Section 47, Chapter VIII of the same Act, as amended, is hereby further amended to read as follows:
Id. at 557-559. 230 Phil. 590 (1986). Section 2, Article XIII of the 1935 Constitution provides: “No private co rporation or association may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty four hectares, nor may any individual acquire such lands by purchase in excess of one hundred and forty four hectares, or by lease in excess of one thousand and twenty four hectares, or by homestead in excess of twenty-four hectares. Lands adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation, or association.”
Sec. 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does 40[40]
230 Phil. 590, 602 and 605 (1986). G.R. No. 88233, 4 October 1991, 202 SCRA 493. Approved on 13 November 2002. An earlier law, Republic Act No. 6940, had extended the period up to 31 December 2000 under the same conditions. 43[43] Commonwealth Act No. 141, as amended. 41[41] 42[42]
38
not exceed twelve (12) hectares: Provided, further, That the several periods of time
Section2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called "friar lands'' and those which, being privately owned, have reverted to or become the property of the Commonwealth of the Philippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted.
designated by the President in accordance with Section Forty-five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any of said persons from acting under this Chapter at any time prior to the period fixed by the President.
Sec. 3. All pending applications filed before the effectivity of this amendatory Act shall be treated as having been filed in accordance with the provisions of this Act.
Section3. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate control. Section4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of
Under RA 9176, the application for judicial confirmation is limited only to 12 hectares, consistent with Section 3, Article XII of the 1987 Constitution that a private individual may only acquire not more than 12 hectares of alienable and disposable land. Hence, respondent, as successor-in-interest of an individual owner of the land, cannot apply for registration of land in excess of 12 hectares. Since respondent applied for 56.4007 hectares, the application for the excess area of 44.4007 hectares is contrary to law, and thus void ab initio. In applying for land registration, a private corporation cannot have any right higher than its predecessor-ininterest from whom it derived its right. This assumes, of course, that the corporation acquired the land, not exceeding 12 hectares, when the land had already become private land by operation of law. In the present case, respondent has failed to prove that any portion of the land was already private land when respondent acquired it from Porting in 1997.
the lands theconclusive public domain, his decisions as toSecretary questions of fact shallofbe whenandapproved by the Agriculture and Commerce. Section5. The Director of Lands, with the approval of the Secretary of Agriculture and Commerce shall prepare and issue such forms, instructions, rules, and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. CHAPTER II CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE PUBLIC DOMAIN, FOR THE CONCESSION THEREOF
WHEREFORE, we SET ASIDE the 21 August 2002 Decision of the Court of Appeals in CA-G.R. CV No. 66658 and the 16 December 1999 Decision of the Regional Trial Court of Tanauan, Batangas, Branch 6 in Land Registration Case No. T-635. We DENY the application for registration filed by T.A.N. Properties, Inc.
Section6. The President, upon the recommendation of the Secretary of Agriculture and Commerce, shall from time to time classify the lands of the public domain into— (a) Alienable or disposable;
SO ORDERED.
XVIII. PD
(b) Timber, and (c) Mineral lands, and may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition.
1529vi
Section7. For the purposes of the administration and disposition of alienable or disposable public lands, the President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time to time declare what lands are open to disposition or concession under this Act. Section8. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when practicable, surveyed, and which have not been reserved for public or quasi-public uses, nor appropriated by the Government, nor in any manner become private property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, having been reserved or appropriated, have ceased to be so However, the President may, for reasons of public interest, declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed, or may, for the same reason, suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by Act of the National Assembly.
________________________________________________ ________________________________________________
iCA 141 PUBLIC LAND ACT (BASIS FOR AGRICULTURAL LAND) COMMONWEALTH ACT NO. 141* - AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN
Section9. For the purpose of their administration and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purposes to which such lands are destined, as follows:
TITLE I TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION
(a) Agricultural
CHAPTER I SHORT TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND OFFICERS CHARGED WITH ITS EXECUTION
(b) Residential commercial industrial or for similar productive purposes (c) Educational, charitable, or other similar purposes
Section 1. The short title of this Act shall be "The Public Land Act. 39
(d) Reservations for town sites and for public and quasi-public uses.
the requirements of this Act, the Director of Lands may cancel the entry.
The President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time to time make the classifications provided for in this section, and may, at any time and in a similar manner, transfer lands from one class to another.
Section17. Before final proof shall be submitted by any person claiming to have complied with the provisions of this chapter, due notice, as prescribed by the Secretary of Agriculture and Commerce shall be given to the public of his intention to make such proof, stating therein the name and address of the homesteader, the description of the land, with its boundaries and area, the names of the witness by whom it is expected that the necessary facts will be established, and the time and place at which, and the name of the officer before whom, such proof will be made.
Section10. The words "alienation, "'disposition, or "concession" as used in this Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands.
Section18. In case the homesteader shall suffer from mental alienation, or shall for any other reason be incapacitated from exercising his rights personally, the person legally representing him may offer and submit the final proof on behalf of such incapacitated person.
TITLE II AGRICULTURAL PUBLIC LANDS CHAPTER III FORMS OF CONCESSION OF AGRICULTURAL LANDS
Section19. Not more than one homestead entry shall be allowed to any one person, and no person to whom a homestead patent has been issued by virtue of the provisions of this Act regardless of the area of his srcinal homestead, may again acquire a homestead; Provided, however, That any previous homesteader who has been issued a patent for less than twenty-four hectares and otherwise qualified to make a homestead entry, may be allowed another homestead which, together with his previous homestead shall not exceed an area of twenty-four hectares.
Section11. Public lands suitable foragricultural purposes can be disposed of only as follows, and not otherwise: (1) For homestead settlement (2) By sale (3) By lease (4) By confirmation of imperfect or incomplete titles: (a) By judicial legalization
Section12. Any citizen of the Philippines over the age of eighteen years, or the head of a family, who does not own more than twentyfour hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than twenty-four hectares of land since the occupation of the Philippines by the United States, may enter a homestead of not exceeding twenty-four hectares of agricultural land of the public domain.
Section20. If at any time after the approval of the application and before the patent is issued, the applicant shall prove to the satisfaction of the Director of Lands that he has complied with all the requirements of the law, but cannot continue with his homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements of the applicant on the land, and that the conveyance is not made for purposes of speculation, then the applicant, with the previous approval of the Director of Lands may transfer his rights to the land and improvements to any person legally qualified to apply for a homestead, and immediately after such transfer, the purchaser
Section13. Upon the filing of an application for a homestead, the Director of Lands, if he finds that the application should be approved, shall do so and authorize the applicant to take possession of the land upon the payment of five pesos, Philippine currency, as entry fee. Within six months from and after the date of the approval of the application, the applicant shall begin to work the homestead, otherwise he shall lose his prior right to the land.
shall file athe homestead forin thehis landrights so acquired and shall succeed srcinal application homesteader and obligations beginning with the date of the approval of said application of the purchaser. Any person who has so transferred his rights may not again apply for a new homestead. Every transfer made without the previous approval of the Director of Lands shall be null and void and shall result in the cancellation of the entry and the refusal of the patent.
Section14. No certificate shall be given or patent issued for the land applied for until at least one-fifth of the land has been improved and cultivated. The period within which the land shall be cultivated shall not be less than one or more than five years, from and after the date of the approval of the application. The applicant shall, within the said period, notify the Director of Lands as soon as he is ready to acquire the title. If at the date of such notice, the applicant shall prove to the satisfaction of the Director of Lands, that he has resided continuously for at least one year in the municipality in which the land is located, or in a municipality adjacent to the same, and has cultivated at least one-fifth of the land continuously since the approval of the application, and shall make affidavit that no part of said land has been alienated or encumbered, and that he has complied with all the requirements of this Act, then, upon the payment of five pesos, as final fee, he shall be entitled to a patent.
Section21. Any non-Christian Filipino who has not applied for a home-stead, desiring to live upon or occupy land on any of the reservations set aside for the so-called "non-Christian tribes" may request a permit of occupation for any tract of land of the public domain reserved for said non-Christian tribes under this Act, the area of which shall not exceed four hectares. It shall be an essential condition that the applicant for the permit cultivate and improve the land, and if such cultivation has not been begun within six months from and after the date on which the permit was received, the permit shall be cancelled. The permit shall be for a term of one year. If at the expiration of this term or at any time prior thereto, the holder of the permit shall apply for a homestead under the provisions of this chapter, including the portion for which a permit was granted to him, he shall have the priority, otherwise the land shall be again open to disposition at the expiration of the permit.
(b) By administrative legalization (free patent).
For each permit the sum of one peso shall be paid.
Section15. At the option of the applicant, payment of the fees required in this chapter may be made to the municipal treasurer of the locality, who, in turn, shall forward them to the provincial treasurer. In case of delinquency of the applicant, the Director of Lands may, sixty days after such delinquency has occurred, either cancel the application or grant an extension of time not to exceed one hundred and twenty days for the payment of the sum due.
CHAPTER IV SALE Section22. Any citizen of lawful age of the Philippines, and any such citizen not of lawful age who is a head of a family, and any corporation or association of which at least sixty per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines, and which is organized and constituted under the laws of Philippines, and corporate bodies organized in the Philippines authorized under their charters to do so; may purchase any tract of public agricultural land disposable under this Act, not to exceed one hundred and forty-four hectares in the case of an individual and one thousand and twenty-four
Section16. If at any time before the expiration of the period allowed by law for the making of final proof, it shall be proven to the satisfaction of the Director of Lands, after due notice to the homesteader, that the land entered is under the law not subject to home-stead entry, or that the homesteader has actually changed his residence, or voluntarily abandoned the land for more than six months at any one time during the years of residence and occupation herein required, or has otherwise failed to comply with 40
hectares in that of a corporation or association, by proceeding as prescribed in this chapter: Provided, That partnerships shall be entitled to purchase not to exceed one hundred and forty-four hectares for each member thereof. But the total area so purchased shall in no case exceed the one thousand and twenty-four hectares authorized in this section for associations and corporations.
person making the highest bid on such public auction the land shall be awarded. In any case, the applicant shall always have the option of raising his bid to equal that of the highest bidder, and in this case the land shall be awarded to him. No bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his bid, as required in Section twentyfive of this Act. In case none of the tracts of land that are offered for sale or the purchase of which has been applied for, has an area in excess of twenty-four hectares, the Director of Lands may delegate to the District Land Officer concerned the power of receiving bids, holding the auction, and proceeding in accordance with the provisions of this Act, but the District Land Officer shall submit his recommendation to the Director of Lands, for the final decision of the latter in the case.
Section23. No person, corporation, association, or partnership other than those mentioned in the last preceding section may acquire or own agricultural public land or land of any other denomination or classification, which is at the time or was srcinally, really or presumptively, of the public domain, or any permanent improvement thereon, or any real right on such land and improvement: Provided, however, That persons, corporations, associations or partnerships which, at the date upon which the Philippine Constitution took effect, held agricultural public lands or land of any other denomination, that belonged srcinally, really or presumptively, to the public domain, or permanent
The District Land Officer shall accept and process any application for the purchase of public lands not exceeding five hectares subject to the approval of the Director of Lands within sixty days after
improvementstook on improvements, such lands, or ahaving real right upon the suchsame landsunder and Constitution acquired the laws and regulations in force at the date of such acquisition, shall be authorized to continue holding the same as if such persons, corporations, associations, or partnerships were qualified under the last preceding section; but they shall not encumber, convey, or alienate the same to persons, corporations, associations, or partnerships not included in section twenty-two of this Act, except by reason of hereditary succession, duly legalized and acknowledged by competent courts.
receipt of the recommendation of said District Land Officer. Section27. The purchase price shall be paid as follows: The balance of the purchase price after deducting the amount paid at the time of submitting the bid, may be paid in full upon the making of the award, or in not more than ten equal annual installments from the date of the award. Section28. The purchaser shall have not less than one-fifth of the land broken and cultivated within five years after the date of the award; and before any patent is issued, the purchaser must show of occupancy, cultivation, and improvement of at least one-fifth of the land applied for until the date on which final payment is made: Provided, however, That in case land purchased is to be devoted to pasture, it shall be sufficient compliance with this condition if the purchaser shall graze on the land as many heads of his cattle as will occupy at least one-half of the entire area at the rate of one head per hectare.
Section24. Lands sold under the provisions of this chapter must be appraised in accordance with section one hundred and sixteen of this Act. The Director of Lands shall announce the sale thereof by publishing the proper notice once a week for six consecutive weeks in the Official Gazette, and in two newspapers one published in Manila and the other published in the municipality or in the province where the lands are located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau Of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the province and municipality, respectively, where the land is located, and, if
Section29. After title has been granted, the purchaser may not, within a period of ten years from such cultivation or grant, convey or encumber or dispose said lands or rights thereon to any person,
practicable, on the land if the of the in land not exceed two hundred anditself; forty but pesos, the value publication thedoes Official Gazette and newspapers may be omitted. The notices shall be published one in English and the other in Spanish or in the local dialect, and shall fix a date not earlier than sixty days after the date of the notice upon which the land will be awarded to the highest bidder, or public bids will be called for, or other action will be taken as provided in this chapter.
corporation association,in without to any or interest of theorGovernment the land: prejudice Provided, That anyright sale and encumbrance made in violation of the provisions of this section, shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the State, and all payments on the purchase price theretofore made to the Government shall be forfeited. Section30. If at any time after the date of the award and before the issuance of patent, it is proved to the satisfaction of the Director of Lands, after due notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the State, and all prior payments made by the purchaser and all improvements existing on the land shall be forfeited.
Section25. Public agricultural lands which are not located within ten (10) kilometers from the boundaries of the city proper in chartered cities or within five (5) kilometers from the municipal hall or town occupants plaza of any municipality may be sold to actual occupants who do not own any parcel of land or whose total land holdings do not exceed five hectares and who comply with the minimum requirements of Commonwealth Act numbered one hundred forty-one, as amended, and who have resided on the land applied for at least two years prior to the date of the application.
Section31. No person, corporation, association, or partnership shall be permitted, after the approval of this Act, to acquire the title to or possess as owner any lands of the public domain if such lands, added to other lands belonging to such person, corporation, association, or partnership shall give a total area greater than area the acquisition of which by purchase is authorized under this Act. Any excess in area over this maximum and all right, title, interest, claim or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the State.
All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or certified check, treasury warrant, or post-office money order payable to the order of the Director of Lands for ten per centum of the amount of the bid, which amount shall be retained in case the bid is accepted as part payment of the purchase price: Provided, That no bid shall be considered the amount of which is less than the appraised value of the land. In addition to existing publication requirements in section twentyfour of Commonwealth Act Numbered one hundred forty-one, as amended, notices and of applications shall be posted for a period of not less than thirty days in at least three conspicuous places in the municipality where the parcel of land is located, one of which shall be at the municipal building, and other, in the barrio council building of the barrio where the land is located.
This section shall, however, not be construed to prohibit any person, corporation, association, or partnership authorized by this Act to require lands of the public domain from making loans upon real necessary for the recovery of such loans; but in this case, as soon as the excess above referred to occurs, such person, corporation, association, or partnership shall dispose of such lands within five years, for the purpose of removing the excess mentioned. Upon the land in excess of the limit there shall be paid, so long as the same is not disposed of, for the first year a surtax of fifty per centum additional to the ordinary tax to which such property shall be subject, and for each succeeding year fifty per centum shall be added to the last preceding annual tax rate, until the property shall have been disposed of.
Section26. Upon the opening of the bids, the land shall be awarded to the highest bidder. If there are two or more equal bids which are higher than the others, and one of such equal bids is that of the applicant, his bid shall be accepted. If, however, the bid of the applicant is not one of such equal and higher bids, the Director of Lands shall at once submit the land for public bidding, and to the 41
hundred sixteen of this Act; except for lands reclaimed by the Government, which shall not be less than four per centum of the appraised and reappraised value of the land: Provided, That onefourth of the annual rental of these lands reclaimed prior to the approval of this Act shall accrue to the construction and improvement portion of the Portworks Funds: And provided, further, That the annual rental of not less than four per centum of the appraised and reappraised value of the lands reclaimed using the Portworks Fund after the approval of this Act shall all accrue to the construction and improvement portion of the Portworks Fund. But if the land leased is adapted to and be devoted for granting purposes, the annual rental shall be not less than two per centum of-the appraised and reappraised value thereof- Every contract of lease under the provisions of this chapter shall contain a cause to the effect that are appraisal of the land leased shall be made every ten years from the date of the approval of the lease, if the term of the same shall be in excess of ten years. In case the lessee is not agreeable to the reappraisal and prefers to give up his contract of
The person, corporation, association, or partnership owning the land in excess of the limit established by this Act shall determine the portion of land to be segregated. At the request of Secretary of Agriculture and Commerce, the Solicitor-General or the officer acting in his stead shall institute the necessary proceedings in the proper court for the purpose of determining the excess portion to be segregated, as well as the disposal of such portion in the exclusive interest of the Government. Section32. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person, corporation, association, or partnership; and no corporation, association, or partnership, any member of which shall have received the benefits of this chapter or of the next following chapter, either as an individual or as a member of any other corporation, association, or partnership, shall purchase any other landsof of the land, publicafter domain chapter. Butupon any purchaser public havingunder made this the last payment and cultivated at least one-fifth of the land purchased, if the same shall be less than the maximum allowed by this Act, may purchase successively additional agricultural public land adjacent to or not distant from the land first purchased, until the total area of such purchases shall reach the maximum established in this chapter: Provided, That in making such additional purchase or purchases, the same conditions shall be complied with as prescribed by this Act for the first purchase.
lease, he shall the Director desire within six months nextnotify preceding the dateofonLands whichofthehisreappraisal takesthe effect, and in case his request is approved, the Director of Lands may, if the lessee should so desire, proceed in accordance with section one hundred of this Act. Section38. Leases shall run for a period of not more than twentyfive years, but may be renewed once for another period of not to exceed twenty-five years, in case the lessee shall have made important improvements which, in the discretion of the Secretary of Agriculture and Commerce justify a renewal. Upon the final expiration of the lease, all buildings and other permanent improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government, and the land together with the said improvements shall be disposed of in accordance with the provisions of chapter five of this Act.
CHAPTER V LEASE Section33. Any citizen of lawful age of the Philippines, and any corporation or association of which at least sixty per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines, and which is organized and constituted under the laws of the Philippines, may lease any tract of agricultural public land available for lease under the provisions
Section39. It shall be an inherent and essential condition of the lease that the lessee shall have not less than one-third of the land broken and cultivated within five years after the date of the approval of the lease: Provided, however, That in case the land
of this Act, not land exceeding of one thousand and twenty-four hectares. If the leasedaistotal adapted to and be devoted for grazing purposes, an area not exceeding two thousand hectares may be granted. No member, stockholder, of officer, representative, attorney, agent, employee or bondholder of any corporation or association holding or controlling agricultural public land shall apply, directly or indirectly, for agricultural public land except under the homestead and free patent provisions of this Act: Provided, That no lease shall be permitted to interfere with any prior claim by settlement or occupation, until the consent of the occupant or settler is first had, or until such claim shall be legally extinguished, and no person, corporation, or association shall be permitted to lease lands here-under which are not reasonably necessary to carry on his business in case of an individual, or the business for which it was lawfully created and which it may lawfully pursue in the Philippines, if an association or corporation.
leasedthis is to be devoted to lessee pasture, it shall with condition if the shall grazebeonsufficient the landcompliance as many heads of cattle as will occupy at least one-half of the entire area at the rate of one head per hectare. Section40. The lessee shall not assign, encumber, or sublet his rights without the consent of the Secretary of Agriculture and Commerce, and the violation of this condition shall avoid the contract: Provided, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case: Provided, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Act, or under any previous Act, to persons, corporations, or associations which under this Act, are not authorized to lease public lands. Section41. The lease of any lands under this chapter shall not confer the right to remove or dispose of any valuable timber except as provided in the regulations of the Bureau of Forestry for cutting timber upon such lands. Nor shall such lease confer the right to remove or dispose of stone, oil, coal, salts. or other minerals, or medicinal mineral waters existing upon the same. The lease as to the part of the land which shall be mineral may be canceled by the Secretary of Agriculture and Commerce, after notice to the lessee, whenever the said part of the land is more valuable for agricultural purposes.
Section34. A notice of the date and place of the auction of the right to lease the land shall be published and announced in the same manner as that prescribed for the publication and announcement of the notice of sale, in section twenty-four of this Act. Section35. All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or a certified check, Treasury warrant, or post-office money order payable to the order of the Director of Lands, for a sum equivalent to the rental for at least, the first three months of the lease: Provided, That no bid shall be considered in which the proposed annual rental is less than three per centum of the value of the land according to the appraisal made in conformity with section one hundred and sixteen of this Act.
The commission of waste or violation of the forestry regulations by the lessee shall work a forfeiture of his last payment of rent and render him liable to immediate dispossession and suit for damage. Section42. After having paid rent for at least the first two years of the lease, and having complied with the requirements prescribed in section thirty nine, the lessee of agricultural public land with an area than the maximum allowed by law, may lease successively additional agricultural public land adjacent to or near the land srcinally leased until the total- area of such leases shall reach the maximum established in this chapter: Provided, That in making such additional lease, the same conditions shall be complied with as prescribed by this Act for the first lease.
Section36. The auction of the right to lease the land shall be conducted under the same procedure as that prescribed for the auction sale of agricultural lands as described in section twenty-six of this Act: Provided, That no bid shall be accepted until the bidder shall have deposited the rental for at least the first three months of the lease. Section37. The annual rental of the land leased shall not be less than three per centum of the value of the land, according to the appraisal and reappraisal made in accordance with section one 42
Section43. During the life of the lease, any lessee who shall have complied with all the conditions thereof and shall have the qualifications required by section twenty-two, shall have the option of purchasing the land leased subject to the restrictions of chapter five of this Act.
Section47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 1987 within which to take advantage of the benefit of this chapter: Provided, That this extension shall apply only where the area applied for does not exceed 144 hectares. Provided, further, That the several periods of time designated by the President in accordance with section forty-five of this Act shall apply also to the lands comprised in the provisions of this chapter, but this section shall not be construed as prohibiting any of said persons from acting under this chapter at any time prior to the period fixed by the President.
CHAPTER VI FREE PATENTS Section44. Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares and who since July fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while same has not been occupied by any person shall
Section48. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of
be entitled, the for provisions of this chapter, to have freeto patent issuedunder to him such tract or tracts of such landa not exceed twenty-four hectares.
the province the of land is locatedoffortitle confirmation of their claims and thewhere issuance a certificate therefor, under the Land Registration Act , to wit:
A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the right granted in the preceding paragraph of this section: Provided, That at the time he files his free patent application he is not the owner of any real property secured or disposable under this provision of the Public Land Law
(a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications.
Section45. The President of the Philippines (Prime Minister), upon recommendation of the Secretary of Natural Resources, shall from time to time fix by proclamation the period which applications for Proclamation free patents may be filed in the district, chartered city, of period province, municipality or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President (Prime Minister) all the land comprised within such district, chartered city, province, municipality or region subject thereto under the provisions of this
(b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and
chapter may be disposed of as without prejudice to the prior right of agricultural the occupantpublic and land cultivator to acquire such land under this Act by means other than free patent. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond December 31, 1987, except in the provinces of Agusan del Norte, Agusan del Sur, Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-Apayao, and Ifugao where the President of the Philippines, upon recommendation of the Secretary of Natural Resources, shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend. The period fixed for any district, chartered city, province, or municipality shall begin to run thirty days after the publication of the proclamation in the Official Gazette and if available in one newspaper of general circulation in the city, province or municipality concerned. A certified copy of said proclamation shall be furnished by the Secretary of Natural Resources within 30 days counted from the date of the presidential proclamation to the Director of Lands and to the provincial board, the municipal board or city council and barangay council affected, and copies thereof shall be posted on the bulletin board of the Bureau of Lands at Manila and at conspicuous places in the provincial building and at the municipal building and barangay hall or meeting place. It shall moreover, be announced by government radio whenever available, in each of the barrios of the municipality.
shall be entitled to a certificate of title under the provisions of this chapter. (c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. Section49. No person claiming title to lands of the public domain not possession of the qualifications specified in the last preceding section may apply for the benefits of this chapter. Section50. Any person or persons, or their legal representatives or successors in right, claiming any lands or interest in lands under the provisions of this chapter, must in every case present an application to the proper Court of First Instance, praying that the validity of the alleged title or claim be inquired into and that a certificate of title be issued to them under the provisions of the Land Registration Act. The application shall conform as nearly as may be in its material allegations to the requirements of an application for registration under the Land Registration Act, and shall be accompanied by a plan of the land and all documents evidencing a right on the part of the applicant to the land claimed. The application shall also state the citizenship of the applicant and shall set forth fully the nature of the claim and when based upon proceeding initiated under Spanish laws, it shall specify as exactly as possible the date and form of application for purchase composition or other form of grant, the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title, and if not fully complied with, the reason for such noncompliance, together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessors in interest; the use made of the land, and the nature of the enclosure, if any. The fees provided to be paid for the registration of lands under the Land Registration Act shall be collected from applicants under this chapter.
Section46. If, after the filing of the application and the investigation, the Director of Lands shall be satisfied of the truth of the allegations contained the application and that the applicant comes within the provisions chapter, he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated, provided its area does not exceed twentyfour hectares: Provided, That no application shall be finally acted upon until notice thereof has been published in the municipality and barrio in which the land is located and adverse claimants have had an opportunity to present their claims. CHAPTER VII JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES 43
Section57. No title or right to, or equity in, any lands of the public domain may hereafter be acquired by prescription or by adverse possession or occupancy, or under or by virtue of any law in effect prior to American occupation, except as expressly provided by laws enacted after said occupation of the Philippines by the United States.
Section51. Applications for registration under this chapter shall be heard in the Court of First Instance in the same manner and shall be subject to the same procedure as established in the Land Registration Act for other applications, except that a notice of all such applications, together with a plan of the lands claimed, shall be immediately forwarded to the Director of Lands, who may appear as a party in such cases: Provided, That prior to the publication for hearing, all of the papers in said case shall be transmitted papers by the clerk to the Solicitor General or officer acting in his stead, in order that he may, if he deems it advisable for the interests of the Government, investigate all of the facts alleged in the application or otherwise brought to his attention. The Solicitor-General shall return such papers to the clerk as soon as practicable within three months.
TITLE III LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSES CHAPTER VIII CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR RESIDENCE, COMMERCE AND INDUSTRY
The final decree of the court shall in every case be the basis for the srcinal certificate of title in favor of the person entitled to the property under the procedure prescribed in section forty-one of the
Section58. Any tract of land of the public domain which, being
Land Registration Act. Section52. In cadastral proceedings, instead of an application, an answer or claim may be filed with the same effect as in the procedure provided in the last preceding two sections.
neither timber nor mineral is intended to be or usedother for residential purposes or for land, commercial, industrial, productive purposes other than agricultural, and is open to disposition or concession, shall be disposed of under the provisions of this chapter and not otherwise.
Section53. It shall be lawful for the Director of Lands,whenever in the opinion of the President the public interests shall require it, to cause to be filed in the proper Court of First Instance, through the Solicitor-General or the officer acting in his stead, a petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the Land Registration Act, stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion; or that the boundaries of any such land which has not been brought into court as aforesaid are open to question; or that it is advisable that the title to such lands be settled and adjudicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and adjudicated. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral proceedings.
Section59. The lands disposable under this title shall be classified as follows:
Section54. If in the hearing of any application arising under this chapter the court shall find that more than one person or claimant has an interest in the land, such conflicting interests shall be adjudicated by the court and decree awarded in favor of the person or persons entitled to the land according to the laws, but if none of said person is entitled to the land, or if the person who might be entitled to the same lacks the qualifications required by this Act for acquiring agricultural land of the public domain, the decision shall be in favor of the Government.
agricultural purposes. area of the landSecretary so leasedoforAgriculture sold shall be such as shall, in theThe judgment of the and Natural Resources, be reasonably necessary for the purposes for which such sale or lease is requested, and shall in no case exceed one hundred and forty-four hectares: Provided, however, That this limitation shall not apply to grants, donations, transfers made to a province, municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest; but the land so granted donated, or transferred to a province, municipality, or branch or subdivision of the Government shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except when authorized by Congress: Provided, further, That any person, corporation, association or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act, may lease land included under this title suitable for industrial or residential purposes, but the lease granted shall only-be valid while such land is used for the purposes referred to.
(a) Lands reclaimed by the Government by dredging, filing, or other means; (b) Foreshore; (c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers; (d) Lands not included in any of the foregoing classes. Section60. Any tract of land comprised under this title may be leased or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for
Section55. Whenever, in any proceedings under this chapter to secure registration of an incomplete or imperfect claim of title initiated prior to the transfer of sovereignty from Spain to the United States, it shall appear that had such claims been prosecuted to completion under the laws prevailing when instituted, and under the conditions of the grant then contemplated, the conveyance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the Government, then and in that event the court shall, after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registration of the land. Such judgment shall be certified to the Director of Lands by the clerk of the court for collection of the amount due from the person entitled to conveyance.
Section61. The lands comprised in classes (a), (b), and (c) of section fifty-nine shall be disposed of to private parties by lease only and not otherwise, as soon as the President, upon recommendation by the Secretary of Agriculture and Commerce shall declare that the same are not necessary for the public service and are open to disposition under this chapter. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act.
Upon payment to the Director of Lands of the price specified in the judgment, he shall so certify to the proper Court of First Instance and said court shall forthwith order the registration of the land in favor of the competent person entitled thereto. If said person shall fail to pay the amount of money required by the decree within a reasonable time fixed in the same, the court shall order the proceeding to stand dismissed and the title to the land shall then be in the State free from any claim of the applicant.
Section62. The lands reclaimed by the Government by dredging, filling or otherwise shall be surveyed and may, with the approval of the Secretary of Agriculture and Commerce, be divided by the Director of Lands into lots and blocks, with the necessary streets and alley-ways between them, and said Director shall give notice to the public by publication in the Official Gazette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes.
Section56. Whenever any judgment of confirmation or other decree of the court under this chapter shall become final, the clerk of the court concerned shall certify that fact to the Director of Lands, with a certified copy of the decree of confirmation or judgment of the court and the plan and technical description of the land involved in the decree or judgment of the court.
Section63. Whenever it is decided that lands covered by this chapter are not needed for public purposes, the Director of Lands shall ask the Secretary of Agriculture and Commerce for authority to dispose of the same. Upon receipt of such authority, the Director of Lands shall give notice by public advertisement in the same 44
manner as in the case of leases or sales of agricultural public land, that the Government will lease or sell, as the case may be, the lots or blocks specified in the advertisement, for the purpose stated in the notice and subject to the conditions specified in this chapter.
Section66. The kind of improvements to be made by the lessee or the purchaser, and the plans thereof, shall be subject to the approval of the Secretary of Public Works and Communications, in case they are constructions or improvements which if by the Government, would properly have to be executed under the supervision of the Bureau of Public Works.
Section64. The leases executed under this chapter by the Secretary of Agriculture and Commerce shall, among other conditions, contain the following:
Section67. The lease or sale shall be made through oral bidding; and adjudication shall be made to the highest bidder. However, where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority, the sale or lease shall be made by sealed bidding as prescribed in section twenty-six of this Act, the provisions of which shall be applied wherever applicable. If all or part of the lots remain unleased or unsold, the Director of Lands shall from time to time announce in the Official Gazette or in any other newspapers of general circulation, the lease or sale of those lots, if necessary
(a) The rental shall not be less than three per centum of the appraised or reappraised value of the land plus one per centum of the appraised or reappraised value of the improvements, except for lands reclaimed by the Government which shall not be less than four per centum of the appraised or reappraised value of the land plus two per centum of the appraised or reappraised value of the improvements thereon: Provided, That twenty-five per centum of the total annual rental on all lands reclaimed prior to the approval of this Act and one per centum of the appraised or reappraised value of improvements to the construction and improvement portion ofshall the accrue Portworks Fund: And provided, further, That the annual rental on lands reclaimed using the Portworks Fund together with the fee due on account of the improvement thereon after the effectivity of this Act shall all accrue to the construction and improvement portion of the Portworks Fund.
Section68. The persons Secretarytemporary of Agricultural and Commerce mayof grant to qualified permission, upon payment a reasonable charge, for the use of any portion of the lands covered by this chapter for any lawful private purpose, subject to revocation at any time when, in his judgment, the public interest shall require it.
(b) The land rented and the improvements thereon shall be reappraised every ten years if the term of the lease is in excess of that period.
TITLE IV LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES
(c) The term of the lease shall be as prescribed by section thirtyeight of this Act.
CHAPTER IX CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES
(d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted, shall commence the construction thereof within six months from the date of the award of the right to lease the land, and shall complete the said construction within eighteen months from said date.
Section69. Whenever any province, municipality, or other branch or subdivision of the Government shall need any portion of the land of the public domain open to concession for educational, charitable or other similar purposes, the President, upon recommendation by the Secretary of Agriculture and Commerce,
(e) At the expiration of the lease or of any extension of the same, all improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government.
may execute in favor of other the same. in theterms formand of donation, sale, contracts lease, exchange, or any form, under conditions to be inserted in the contract; but land so granted shall in no case be encumbered or alienated, except when the public service requires their being leased or exchanged, with the approval of the President, for other lands belonging to private parties, or if the National Assembly disposes otherwise.
(f) The regulation of all rates and fees charged to the public; and the annual submission to the Government for approval of all tariffs of such rates and fees. (g) The continuance of the easements of the coast police and other easements reserved by existing law or by any laws hereafter enacted.
Section70. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery, church, college, school, university, or other institutions for educational, charitable or philanthropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purpose, but not to exceed ninety-six hectares in any case. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land, but the Secretary of Agriculture and Commerce may waive the conditions requiring cultivation. The Secretary of Agriculture and Commerce, if conveyance he sees fit, may order the sale to be made without public auction, at a price to be fixed by said Secretary, or the lease to be granted without auction, at a rental to be fixed by him. In either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell transfer, encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application, and that the violation of this condition shall give rise to the immediate rescission of the sale or lease, as the case may be, and to the forfeiture to the Government of all existing improvements: Provided, That it shall in no case be sublet, encumbered or resold under the conditions above set forth except with the approval of the Secretary of Agriculture and Commerce.
(h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land. The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The Secretary of Agriculture and Commerce may, however, subject to such conditions as he may prescribe, waive the rescission arising from a violation of the conditions of subsection (d), or extend the time within which the construction of the improvements shall be commenced and completed. Section65. The sale of the lands comprised in classes (c) and (d)of section fifty-nine shall, among others, comprise the following conditions: (a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased, shall commence work thereon within six months from the receipt of the order of award, and shall complete the construction of said improvements within eighteen months from the date of such award; otherwise the Secretary of Agriculture and Natural Resources may rescind the contract.
TITLE V RESERVATIONS
(b) The purchase price shall be paid in cash or in equal annual installments, not to exceed ten.
CHAPTER X TOWN SITE RESERVATIONS
The contract of sale may contain other conditions not inconsistent with the provisions of this Act.
Section71. Whenever it shall be considered to be in the public interest to found a new town. The Secretary of Agriculture and 45
Commerce shall direct the Director of Lands to have a survey made by his Bureau of the exterior boundaries of the site on which such town is to be established, and upon the completion of the survey he shall send the same to said Secretary, with his recommendations.
Section80. All funds derived from the sale of lots shall be covered into the Philippine Treasury as part of the general funds. Section81. Not more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person, corporation, or association without the specific approval of the Secretary of Agriculture and Commerce.
Section72. The Secretary of Agriculture and Commerce, if he approves the recommendations of the Director of Lands, shall submit the matter to the President to the end that the latter may issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site, and a certified copy of such proclamation shall be sent to the Director of Lands and another to the register of deeds of the province in which the surveyed land lies.
Section82. The Assembly shall have the power at any time to modify, alter, rescind, repeal, annul, and cancel, with or without conditions, limitation, exceptions, or reservations, all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter, and the exercise of this power shall be understood as reserved in all cases, as an inherent condition thereof.
Section73. It shall then be theduty of the Director ofLands, after having recorded the proclamation of the President and the survey accompanying the same, and having completed the legal proceedings prescribed in chapter thirteen of this Act, to direct a
CHAPTER XI
subdivision and in accordance theshall instructions of the Secretary Agriculture Commerce,with if there be such instructions, and of if there shall not be any, then in the manner which may to the Director of Lands seem best adapted to the convenience and interest of the public and the residents of the future town.
RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES Section83. Upon the recommendation of the Secretary of Agriculture and Commerce, the President may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Commonwealth of the Philippines or of any of its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation systems, communal pastures or leguas comunales, public parks, public quarries, public fishponds, workingmen's village and other improvements for the public benefit.
Section74. The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots, and shall also reserve and note the lots owned by private individuals as evidenced by record titles, or possessed or claimed by them as private property. Such lots, whether public or private, shall be numbered upon a general plan or system. The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Commerce for consideration, modification, amendment, or approval.
Section84. Upon recommendation of the Secretary of Agriculture and Commerce, the President, may by proclamation, designate any tract or tracts of the public domain for the exclusive use of the nonChristian Filipinos, including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to each member not already the owner, by title or gratuitous patent,
Section75. Unless the necessary reservations are made in the proclamation of the President, the Director of Lands, with the approval of the Secretary of Agriculture and Commerce, shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public use, as well as the necessarystreets, avenues, streets, andbesquares. The avenues, alleys, parks,alleyways, plazas, andparks, lots shall laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation, with a view to the possible subsequent purchase or condemnation thereof, if deemed necessary by the proper authorities.
of four more hectaresfour of land, the use of a tract of land ornot to exceed hectares for and eachbenefit male only member over eighteen years of age or the head of a family. As soon as the Secretary of the Interior shall certify that the majority of the nonChristian inhabitants of any given reservation have advanced sufficiently in civilization, then the President may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said inhabitants, and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. But any non-Christian inhabitant may at any time apply for the general benefits of this Act provided the Secretary of Agriculture and Commerce is satisfied that such inhabitant is qualified to take advantage of the provisions of the same: Provided, That all grants, deeds, patents and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or growing out of lands, granted by sultans, datus, or other chiefs of the so-called non-Christian tribes, without the authority of the Spanish Government while the Philippines were under the sovereignty of Spain, or without the consent of the United States Government or of the Philippine Government since the sovereignty over the Archipelago was transferred from Spain to the United States, and all deeds and other documents executed or issued or based upon the deeds, patents, and documents mentioned, are hereby declared to be illegal, void, and of no effect.
Section76. At any time after the subdivision has been made, the President may, in case the public interest requires it, reserve for public purposes any lot or lots of the land so reserved and not disposed of. Section77. If, in order to carry out the provisions of this chapter, it shall be necessary to condemn private lands within the limits of the new town, the President shall direct the Solicitor-General or officer acting in his stead to at once begin proceedings for condemnation, in accordance with the provisions of existing law. Section78. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Commerce, the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies, to be by such register recorded in the records of his office Section79. All lots, except those claimed by or belonging to private parties and those reserved for parks, buildings, and other public uses, shall be sold, after due notice, at public auction to the highest bidder, after the approval and recording of the plat of subdivision as above provided, but no bid shall be accepted that does not equal at least two-thirds of the appraised value, nor shall bids be accepted from persons, corporations, associations, or partnerships not authorized to purchase public lands for commercial, residential or industrial purposes under the provisions of this Act. The provisions of sections twenty-six and sixty-five of this Act shall be observed in so far as they are applicable. Lots for which satisfactory bids have not been received shall be again offered for sale, under the same conditions as the first time, and if they then remain unsold, the Director of Lands shall be authorized to sell them at private sale for not less than two-thirds of their appraised value.
Section85. Upon recommendation by the Secretary of Agriculture and Commerce, the President may, by proclamation designate any tract or tracts of land of the public domain for the establishment of agricultural colonies; and although the disposition of the lands to the colonists shall be made under the provisions of this Act, yet, while the Government shall have the supervision and management of said colonies, the Secretary of Agriculture and Commerce may make the necessary rules and regulations for the organization and internal administration of the same. The Secretary of Agriculture and Commerce may also, under conditions to be established by the Assembly, turn over a colony so reserved to any person or corporation, in order that such person or corporation may clear, break, and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences; but final disposition shall be made of the land in 46
accordance with the provisions of this Act, subject, however, to such conditions as the National Assembly may establish for the reimbursement of the expense incurred in putting such lands in condition for cultivation: Provided, That the National Assembly may direct that such land so prepared for cultivation may be disposed of only by sale or lease.
the applicant or his ascendant, the name of the ascendant, the relationship with him, the date and place of the death of the ascendant, the date when the possession and cultivation began, and description of the improvements made, accompanying satisfactory evidence of the relationship of the applicant with the ascendant, and of the death of the latter and the descendants left by him, in case it is alleged that he occupied and cultivated the land first; or whether there are indications of its having been occupied, cultivated, or improved entirely or partially, and if so, in what such indications consist, whether he has made investigations as to when and by whom such improvements were made, and if so, how such investigations were made and what was the result thereof; or whether the land is not occupied, improved, or cultivated either entirely or partially, and there are no indications of it having ever been occupied, improved, or cultivated, and in this case, what is the condition of the land.
CHAPTER XII PROVISIONS COMMON TO RESERVATIONS Section86. A certified copy of every proclamation of the President issued under the provisions of this title shall be forwarded to the Director of Lands for record in his office, and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. Upon receipt of such certified copy, the Director of Lands shall order the immediate survey of the proposed
(h) That the land applied for is neither timber nor mineral land
reservation the completed, land has not surveyed, and as soon the plat has ifbeen he yet shallbeen proceed in accordance withas the next following section.
and does not contain guano or deposits of salts or coal. (i) That the applicant agrees that a strip forty meters wide starting from the bank on each side of any river or stream that may be found on the land applied for, shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value, and that he shall not make any clearing thereon or utilize the same for ordinary farming purposes even after patent shall have been issued to him or a contract of lease shall have been executed in his favor. 68
Section87. If all the lands included in the proclamation of the President are not registered under the Land Registration Act, the Solicitor-General, if requested to do so by the Secretary of Agriculture and Commerce, shall proceed in accordance with the provision of section fifty-three of this Act. Section88. The tract or tracts of land reserved under the provisions of section eighty-three shall be non-alienable and shall not be subject to occupation, entry, sale, lease, or other disposition until again declared alienable under the provisions of this Act or by proclamation of the President.
Section91. The statements made in the application shall be considered as essential conditions and parts of any concession, title, or permit issued on the basis of such application, and any false statements therein or omission of facts altering, changing, or modifying the consideration of the facts set forth in such statements, and any subsequent modification, alteration, or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession, title, or permit granted. It shall be the duty of the Director of Lands, from time to time and whenever he may deem it advisable, to make the necessary investigations for the purpose of ascertaining whether the material
TITLE VI GENERAL PROVISIONS CHAPTER XIII APPLICATIONS: PROCEDURE, CONCESSION OF LANDS, AND LEGAL RESTRICTIONS AND ENCUMBRANCES
facts set the application true, or whether exist andout areinmaintained andare preserved in good they faith,continue and fortothe purposes of such investigation, the Director of Lands is hereby empowered to issue subpoenas and subpoenas duces tecum and, if necessary, to obtain compulsory process from the courts. In every investigation made in accordance with this section, the existence of bad faith, fraud, concealment, or fraudulent and illegal modification of essential facts shall be presumed if the grantee or possessor of the land shall refuse or fail to obey a subpoena or subpoena duces tecum lawfully issued by the Director of Lands or his authorized delegates or agents, or shall refuse or fail to give direct and specific answers to pertinent questions, and on the basis of such presumption, an order of cancellation may issue without further proceedings.
Section89. All applications filed under the provisions of this Act shall be addressed to the Director of Lands. Section90. Every application underthe provisions ofthis Act shall be made under oath and shall set forth: (a) The full name of applicant, his age, place of birth, citizenship, civil status, and post-office address. In case the applicant is a corporation, association or co-partnership, the application shall be accompanied with a certified copy of its articles of incorporation, association or co-partnership together with an affidavit of its President, manager, or other responsible officer, giving the names of the stockholders or members, their citizenship, and the number of shares subscribed by each.
Section92. Although the maximum area of public land that may be acquired is fixed, yet the spirit of this Act is that the rule which must determine the real area to be granted is the beneficial use of the land. The concession or disposition shall be for less than the maximum area authorized if, at the time of the issuance of the patent or of the concession or disposition, it shall appear that the applicant is utilizing and is only able to utilize a smaller area, even though the application is for a greater area. For the purposes of this section, the Director of Lands is authorized to determine the area that may be granted to the applicant, and to deny or cancel or limit any application for concession, purchase, or lease if convinced of the lack of means of the applicant for using the land for the purpose for which he has requested it.
(b) That the applicant has all the qualifications required by this Act in the case. (c) That he has none of the disqualifications mentioned herein. (d) That the application is made in good faith, for the actual purpose of using the land for the object specified in the application and for no other purpose, and that the land is suitable for the purpose to which it is to be devoted. (e) That the application is made for the exclusive benefit of the application and not, either directly or indirectly, for the benefit of any other person or persons, corporation, association, or partnership.
Section93. Lands applied for under this Act shall conform to the legal subdivisions and shall be contiguous if comprising more than one subdivision. If subdivisions have not been made on the date of the application, the lands shall be rectangular in form so far as practicable, but it shall be endeavored to make them conform to the legal subdivision as soon as the same has been made, provided the interests of the applicant or grantee are protected; and the subdivision assigned to the applicant or grantee shall, so far as practicable, include the land improved or cultivated. The regulations to be issued for the execution of the provisions of this section shall take into account the legal subdivision to be made by the Government and the inadvisability of granting the best land at a given place to only one person.
(f) As accurate a description of the land as may be given, stating its nature the province, municipality, barrio, and sitio where it is located, and its limits and boundaries, specifying those having reference to accidents of the ground or permanent monuments, if any. (g) Whether all or part of the land is occupied or cultivated or improved, and by whom, giving his post-office address, and whether the land has been occupied or cultivated or improved by 47
before the judge or clerk of the Court of First Instance of the province in which the land lies, or before any justice of the peace or chargeable notary public of the province in which the land lies, or before any officer or employee of the Bureau of Lands authorized by law to administer oaths.
Section94. In case the legal subdivisions have already beenmade at the time of the filing of the application, no charge shall be made for the survey; but if the legal subdivisions have not yet been made, the cost of the survey shall be charged to the Government, except in the following cases:
The fees for the taking of final evidence before any of the officials herein-before mentioned shall be as follows:
(a) In purchases under chapters five and ten of this Act, the cost of the survey shall be charged to the purchaser if the same is a corporation, association, or partnership; in other purchases the purchases, whoever it be, shall pay the total cost of the survey.
For each affidavit, fifty centavos. For each deposition of the applicant or the witness, fifty centavos.
(b) In leases, the cost of the survey shall be paid by the lessee; but at any time after the first five years from the approval of the lease, and during Cost of the life of the same, the lessee shall be entitled to the reimbursement of one-half of the cost of the survey, if he shows to the satisfaction of the Director of Lands that he has occupied and improved a sufficient area of the land or incurred
Section104. Any owner of uncultivated agricultural land who knowingly permits application for the same to be made to the Government and the land to be tilled and improved by a bona fide grantee without protesting to the Bureau of Lands within one year after cultivation has begun, shall lose all to the part of the land so
sufficient expenses in connection therewith to warrant such reimbursement.
cultivated and such improved, shall bring action in the obtains proper court before actionunless for he recovery prescribes and favorable judgment therein, in which case the court shall, upon its decision becoming final, order the payment to the grantee, within a reasonable period, of the indemnity fixed by said court for the cultivation and improvement.
Section95. If before the delimitation and survey of a tract of public land the President shall declare the same disposable or alienable and such land shall be actually occupied by a person other than the applicant, the Director of Lands shall inform the occupant of his prior right to apply for the land and shall give him one hundred and twenty days time in which to file the application or apply for the concession by any of the forms of disposition authorized by this Act, if such occupant is qualified to acquire a concession under this Act.
Section105. If at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land, or during the life of the lease, or while the applicant or grantee still has obligations pending towards the Government, in accordance with this Act, he shall be succeeded in his rights and obligations with respect to the land applied for or granted or leased under this Act by his heirs in law, who shall be entitled to have issued to them the patent or final concession if they show that they have complied with the requirements therefor, and who shall be subrogated in all his rights and obligations for the purposes of this Act.
Section96. As soon as any land of the public domain has been surveyed, delimited, and classified, the President may, in the order issued by him declaring it open for disposition, designate a term within which occupants with improvements but not entitled to free patents may apply for the land occupied by them, if they have the qualifications required by this Act.
Section106. If at any time after the approval of the application and before the issuance of a patent or the final concession of the land, or during the life of the lease, or at any time when the applicant or grantee still has obligations pending with the Government, in
Section97. If in the case of the two last preceding sections, the occupant or occupants have not made application under any of the provisions of this Actright at the of the timebylimit theythe shall lose any prior to expiration the land recognized this fixed, Act, and improvements on the land, if any, shall be forfeited to the Government.
accordanceinwith this Act, it appears the landofapplied for of is necessary, the public interest, for thethat protection any source water or for any work for the public benefit that the Government wishes to undertake, the Secretary of Agriculture and Commerce may order the cancellation of the application or the non issuance of the patent or concession or the exclusion from the land applied for of such portion as may be required, upon payment of the value of the improvements, if any.
Section98. All rights in and interest to, and the improvements and crops upon, land for which an application has been denied or canceled or a patent or grant refused, or a contract or concession rescinded or annulled, shall also be forfeited to the Government.
Section107. All patents or certificates for land granted under this Act shall be prepared in the Bureau of Lands and shall be issued in the name of the Government of the Republic of the Philippines under the signature of the President of the Philippines: Provided, however, That the President of the Philippines may delegate to the Secretary of Agriculture and Natural Resources 74 and/or the Under secretary for Natural Resources 74 the power to sign patents or certificates covering lands not exceeding one hundred forty-four hectares in area, and to the Secretary of Agriculture and Natural Resources 75 the power to sign patents or certificates covering lands exceeding one hundred forty-four hectares in area: Provided, further, That District Land Officers in every province are hereby empowered to sign patents or certificates covering lands not exceeding five hectares in area when the office of the District Land Officer is properly equipped to carry out the purposes of this Act: Provided, That no applicant shall be permitted to split the area applied for by him in excess of the area fixed in this section among his relatives within the sixth degree of consanguinity or affinity excepting the applicant's married children who are actually occupying the land: Provided, finally, That copies of said patents issued shall be furnished to the Bureau of Lands for record purposes. No patent or certificate shall be issued by the District Land Officer unless the survey of the land covered by such patent or certificate, whether made by the Bureau of Lands or by a private surveyor, has been approved by the Director of Lands. The Director of Lands shall promptly act upon all surveys submitted to him for approval and return the same to the District Land Officer within ninety days after receipt of such surveys by his office. In case of disapproval, the Director of Lands shall state the reasons therefor. Any person aggrieved by the decision or action of the District Land Officer may, within thirty days from receipt of the copy of the said decision, appeal to the Director of Lands. Such patents or certificates shall be effective only for the purposes defined in
Section99. The Secretary of Agriculture and Commerce may order such improvements and crops to be appraised separately, for sale to the new applicant or grantee, or may declare such land open only to sale or lease. Section100. In case the cancellation is due to delinquency on the part of the applicant or grantee, the same shall be entitled to the reimbursement of the proceeds of the sale of the improvements and crops, after deducting the total amount of his indebtedness to the Government and the expense incurred by it in the sale of the improvements or crops and in the new concession of the land. Section101. All actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor-General or the officer acting in his stead, in the proper courts, in the name of the Commonwealth of the Philippines. Section102. Any person, corporation, or association may file an objection under oath to any application or concession under this Act, grounded on any reason sufficient under this Act for the denial or cancellation of the application or the denial of the patent or grant. If, after the applicant or grantee has been given suitable opportunity to be duly heard, the objection is found to be well founded, the Director of Lands shall deny or cancel the application or deny patent or grant, and the person objecting shall, if qualified, be granted a prior right of entry for a term of sixty days from the date of the notice. Section103. All the proofs, affidavits, and oaths of any kind required or necessary under this Act may be made before the justice of the peace 71 of the municipality in which the land lies, or 48
Section one hundred and twenty-two of the land Registration Act, and actual conveyance of the land shall be effected only as provided in said section.
taken from him by virtue of this section: And provided, further, That with respect to the flow of water, except for converting the same into power exceeding fifty horse power, said grantee shall be entitled to the same use of the water flowing through or along his land that other private owners enjoy under the law, subject to the governmental regulation provided in the previous section. Water power privileges in which the convertible power at ordinary low water shall exceed fifty horse power shall be disposed of only upon terms established by an Act of the Assembly concerning the use, lease or acquisition of such water privilege.
All surveys pending approval by the Director of Lands at the time this Act takes effect shall be acted upon by him within ninety days from the effectivity of this Act. Section108. No patent shall issue nor shall any concession or contract be finally approved unless the land has been surveyed and an accurate plat made thereof by the Bureau of Lands.
Section115. All lands granted by virtue of this Act, including homesteads upon which final proof has not been made or approved, shall, even though and while the title remains in the State, be subject to the ordinary taxes, which shall be paid by the grantee or the applicant, beginning with the year next following the one in which the homestead application has been filed, or the concession has been approved, or the contract has been signed, as
Section109. In no case shall any land be granted under the provisions of this Act when this affects injuriously the use of any adjacent land or of the waters, rivers, creeks, foreshore, roads, or roadsteads, or vest the grantee with other valuable rights that may be detrimental to the public interest. Section110. or certificates issued of this Act shallPatents not include nor convey the under title tothe anyprovisions gold, silver, copper, iron, or other metals or minerals, or other substances containing minerals, guano, gums, precious stones, coal, or coal oil contained in lands granted thereunder. These shall remain to be property of the State.
the case or may be, on basis of theconcession value fixed such filing, approval signing of the application, or in contract. Section116. The appraisal or reappraisal of the lands or improvements subject to concession or disposition under this Act shall be made by the Director of Lands, with the approval of the Secretary of Agriculture and Commerce. The Director of Lands may request the assistance of the provincial treasurer of the province in which the land lies or may appoint a committee for such purpose in the province or in the municipality in which the land lies. In no case shall the appraisal or reappraisal be less than the expense incurred or which may be incurred by the Government in connection with the application or concession, nor shall any reappraisal be made with an increase of more than one hundred per centum upon the appraisal or reappraisal next preceding.
Section111. All persons receiving title to lands under the provisions of this Act shall hold such lands subject to the provisions hereof and to the same public servitudes as exist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable rivers or rivers upon which rafting may be done. Section112. Said land shall further be subject to a right-of-way not exceeding sixty (60) meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines and similar works as the Government or any public or quasi-public service or enterprise, including mining or forest concessionaires, may reasonably require for carrying on their business, with damages for the improvements only. 77
Section117. All sums due and payable to the Government under this Act, except homestead fees, shall draw simple interest at the rate of four per centum per annum from and after the date in which the debtor shall become delinquent. Section118. Except in favor of the Government or any of its
Section113. of thereto, water shall be the basis, the measure, andThe the beneficial limit of alluse rights and the patents herein granted shall be subject to the right of the Government to make such rules and regulations for the use of water and the protection of the water supply, and for other public purposes, as it may deem best for the public good. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, or by the laws and decisions of the courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and all patents granted under this Act shall be subject to any vested and accrued rights to ditches and reservoirs used in connection with such water rights as may have been acquired in the manner above described prior to April eleven, eighteen hundred and ninety-nine.
branches, units, or institutions, lands free patent oror homestead provisions shall not beacquired subject under to encumbrance alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period, but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. No alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Commerce, which approval shall not be denied except on constitutional and legal grounds. Section119. Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of the conveyance.
Section114. There is hereby reserved from the operation of all patents, certificates, entries, and grants by the Government authorized under this Act the right to use for the purposes of power any flow of water in any stream running through or by the land granted, the convertible power from which at ordinary low water exceeds fifty horse power. Where the convertible power in any stream running through or by land granted under the authority of this Act thus exceeds fifty horsepower, and there is no means of using such power except by the occupation of a part of the land granted under authority of this Act, then so much land as is reasonably necessary for the mill site or site for the power house, and for a suitable dam and site for massing the water, is hereby excepted from such grants, not exceeding four hectares, and a right of way to the nearest public highway from the land thus excepted, and also a right of way for the construction and maintenance of such flumes, aqueducts, wires, poles, or order conduits as may be needed in conveying the water to the point where its fall will yield the greatest power, or the power from the point of conversion to the point of use, is reserved as a servitude or easement upon the land granted by authority of this Act: Provided, however, That when the Government or any concessionaire of the Government shall take possession of the land under this section which a grantee under this Act shall have paid for, supposing it to be subject to grant under this Act, said grantee shall be entitled to indemnity from the Government or the concessionaire, as the case may be, in the amount, if any, paid by him to the Government for the land
Section120. Conveyance and encumbrance made by persons belonging to the so-called "non-Christian Filipinos" or national cultural minorities, when proper, shall be valid if the person making the conveyance or encumbrance is able to read and can understand the language in which the instrument or conveyance or encumbrances is written. Conveyances and encumbrances made by illiterate non-Christian or literate non-Christians where the instrument of conveyance or encumbrance is in a language not understood by the said literate non-Christians shall not be valid unless duly approved by the Chairman of the Commission on National Integration. Section121. Except with the consent of the grantee and the approval of the Secretary of Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership may acquire or have any right, title, interest, or property right whatsoever to any land granted under the free patent, homestead, or individual sale provisions of this Act or to any permanent improvement on such land.
49
The provisions of Section 124 of this Act to the contrary notwithstanding, any acquisition of such land, rights thereto or improvements thereon by a corporation, association, or partnership prior to the promulgation of this Decree for the purposes herein stated is deemed valid and binding; Provided, That no final decision of reversion of such land to the State has been rendered by a court; And Provided, further, That such acquisition is approved by the Secretary of Natural Resources within six (6) months from the effectivity of this Decree.
CHAPTER XIV TRANSITORY PROVISIONS Section127. During the existence and continuance of the Commonwealth and before the Republic of the Philippines is finally established, citizens and corporations of the United States shall enjoy the same rights granted to citizens and corporations of the Philippines under this Act.
Section122. No land srcinally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act or to corporations organized in the Philippines authorized therefor by their charters.
Section128. During the period specified in the next preceding section, the President of the Philippines, upon receipt of the order of the President of the United States, shall, by proclamation, designate such land as the latter may set aside for military, naval or other reservations for use of the Government of the United States.
Except srcinally in cases of hereditary succession, land homestead, or any portion thereof acquired under the free no patent, or individual sale provisions of this Act, or any permanent improvement on such land, shall be transferred or assigned to any individual, nor shall such land or any permanent improvement thereon be leased to such individual, when the area of said land, added to that of his own, shall exceed one hundred and forty-four hectares. Any transfer, assignment, or lease made in violation hereof, shall be null and void.
CHAPTER XV PENAL PROVISIONS Section129. Any person who presents or causes to be presented, or cooperates in the presentation of, any false application, declaration, or evidence, or makes or causes to be made or cooperates in the making of a false affidavit in support of any petition, claim, or objection respecting lands of the public domain, shall be deemed guilty of perjury and punished accordingly.
Section123. No land srcinally acquired in any manner under the provisions of any previous Act, ordinance, royal order, royal decree, or any other provision of law formerly in force in the Philippines with regard to public lands, terrenos baldios y realengos, or lands of any other denomination that were actually or presumptively of the public domain, or by royal grant or in any other form, nor any permanent improvement on such land, shall be encumbered, alienated, or conveyed, except to persons, corporations or associations who may acquire land of the public domain under this Act or to corporate bodies organized in the Philippines whose charters authorize them to do so: Provided, however, That this prohibition shall not be applicable to the
Section130. Any person who voluntarily and maliciously prevents or hinders or attempts to prevent or hinder the presentation of any application for public land under this Act, or who in any manner attempts to execute or executes acts intended to dissuade or discourage, or aid to dissuade or discourage, the acquisition of public lands, shall be deemed guilty of coercion and be punished accordingly. Section131. Any person who sells forms issued and distributed gratuitously under this Act or who, being an officer charged with
conveyance or acquisition by reason of hereditary succession duly acknowledged and legalized by competent courts; Provided, further, That in the event of the ownership of the lands and improvements mentioned in this section and in the last preceding section being transferred by judicial decree to persons, corporations or associations not legally capacitated to acquire the same under the provisions of this Act, such persons, corporations, or associations shall be obliged to alienate said lands or improvements to others so capacitated within the precise period of five years; otherwise, such property shall revert to the Government.
distributing them,shall refuses or fails,for without sufficient to furnish the same, be punished each offense by a reason, fine of not more than one hundred pesos or by imprisonment for not more than three months, or both, in the discretion of the court. Section132. Any person, corporation, association or partnership which, not being qualified or no longer authorized to apply for public land under the provisions of this Act, files or induces or knowingly permits another person, corporation, association or partnership to file an application in his or its behalf or for his or its interest, benefit or advantage, shall be punished by a fine of not less than two hundred nor more than five thousand pesos or by imprisonment for not less than two months nor more than five years, or both, in the discretion of the court; and the application shall be cancelled.
Section124. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and eighteen, one hundred and twenty, one hundred and twenty-one, one hundred and twenty two, and one hundred and twenty-three of this Act shall be unlawful and null and void from its execution and shall produce the effect of annulling and cancelling the grant, title, patent, or permit srcinally issued, recognized or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the State.
Section133. Any person who, without having the qualifications required by this Act, shall by deceit or fraud acquire or attempt to acquire lands of the public domain or other real property or any right, title or interest, or property right of any class to the same, and any person aiding and abetting him therein or serving as a means or tool therefor, shall, upon conviction, be punished by a fine of not more than five thousands pesos, or by the imprisonment for not more than five years, or both, in the discretion of the court.
Section125. The provisions of sections twenty-two, twenty-three, thirty-three, one hundred and twenty-two, and one hundred and twenty-three of this Act, and any other provision or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippines is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right, in so far as it exists under such treaties, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter.
TITLE VII FINAL PROVISIONS CHAPTER XVI EFFECTIVENESS OF THIS ACT Section134. If, for any reason, any section or provision of this Act is challenged in a competent court and is held to be unconstitutional, none of the other sections or provisions thereof shall be affected thereby and such other sections and provisions shall continue to govern as if the section or provisions so annulled, disapproved, or repealed had never been incorporated in this Act, and in lieu of the section or provision so annulled, disapproved, or repealed, the provisions of law on the subject thereof in force prior
Section126. All public auctions provided for in the foregoing chapters in the disposition of public lands shall be held, wherever possible, in the province where the land is located, or, in the office of the Bureau of Lands in Manila 50
to the approval of this Act shall govern until the Assembly shall otherwise provide in the premises.
(a) Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not.
Section135. All laws and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed. Section136. This Act shall take effect on December first, nineteen hundred and thirty-six unless the President shall, in the proclamation announcing its effectiveness, designate a prior date, in which case this Act shall take effect on the date so designated.
(b) Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes.
Approved: November 7, 1936
(c) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. ii
PRESIDENTIAL DECREE NO. 705 BASIS FOR FOREST AND TIMBER
(d) Forest lands public forest, the permanent forest include or forestthereserves, and forest reservations. (e) Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock.
May 19, 1975 REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES
(f) Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure.
WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently needed; WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom;
(g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. (h) National park refers to a forest land
WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition;
reservation which essentially primitive or wilderness character has ofbeen withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.
WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs, projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection, rehabilitation, and development of forest lands;
(i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby revise Presidential Decree No. 389 to read as follows:
(j) Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and fauna.
Section 1. Title of this Code. This decree shall be known as the
"Revised Forestry Code of the Philippines."
(k) Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities.
Section 2. Policies. The State hereby adopts the following policies:
(a) The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public welfare;
(l) Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation.
(b) Land classification and survey shall be systematized and hastened;
(m) Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off.
(c) The establishment of wood-processing plants shall be encouraged and rationalized; and
(n) Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated.
(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. Section 3. Definitions.
51
(bb) Lease is a privilege granted by the State to a person to occupy and possess, in consideration of a specified rental, any forest land of the public domain in order to undertake any authorized activity therein.
(o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along streams where the water is brackish. (p) Kaingin is a portion of the forest land, whether occupied or not, which is subjected to shifting and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion.
(cc) License is a privilege granted by the State to a person to utilize forest resources as in any forest land, without any right of occupation and possession over the same, to the exclusion of others, or establish and operate a woodprocessing plant, or conduct any activity involving the utilization of any forest resources.
(q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.
(dd) License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement.
(r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group, apitong and the yakals.
(ee) Permit is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity with any forest land without any right of occupation and possession therein.
(s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in Mindoro and Zambales provinces.
(ff) Annual allowable cut is the volume of materials, whether of wood or other forest products, that is authorized to be cut regularly from the forest.
(t) Industrial tree plantation is any tract of forest land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing or proposed processing plants and related industries.
(gg) Cutting cycle is the number of years between major harvests in the same working unit and/or region, within a rotation.
(u) Tree farm refers to any tract of forest land purposely and extensively planted to trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof.
(hh) Ecosystem means the ecological community considered together with non-living factors and its environment as a unit.
(v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the land, soil, water, wildlife, recreation value, grass and timber of forest lands.
(ii) Silviculture is the establishment, development reproduction and care of forest trees.
(w) Selective logging means the systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil and water.
(jj) Rationalization is the organization of a business or industry using scientific business management principles and simplified procedures to obtain greater efficiency of operation. (kk) Forest officer means any official or employee of the Bureau who, by the nature of his appointment or the function of the position to which he is appointed, is delegated by law or by competent authority to execute, implement or
(x) Seed tree system is partial clearcutting with seed trees left to regenerate the area. (y) Healthy residual is aspecies sound left or slightly injured tree of the commercial after logging.
enforce laws, as the wellprovisions as their implementing of this Code, other regulations. related
(z) Sustained-yield management implies continuous or periodic production of forest products in a working unit with the aid of achieving at the earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest.
(ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. (mm) Private right means or refers to titled rights of ownership under existing laws, and in the case of primitive tribes, to rights of possession existing at the time a license is granted under this Code, which possession may include places of abode and worship, burial grounds, and old clearings, but excludes production forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of economic value.
(aa) Processing plant is any mechanical set-up, machine or combination of machine used for the processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, blockboard, paper board, pulp, paper or other finished wood products.
(nn) Person includes natural as well as juridical person. 52
h. Co-production agreement (CA) means an agreement entered into between the Government and one or more contractors in accordance with Section 26(b) hereof.
CHAPTER 1 ORGANIZATION AND JURISDICTION OF BUREAU SECTION 4-13 CHAPTER 3 UTILIZATION MANAGEMENT SECTION 19-67
AND
i. Department means the Department of Environment and Natural Resources.
CHAPTER 4 CRIMINAL OFFENSES AND PENALTIES
j. Development means the work undertaken to explore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities. k. Director means the Director of the Mines and Geosciences Bureau.
iii REPUBLIC ACT NO. 7942 MINING ACT OF 1995
l. Ecological profile or eco-profile refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area.
March 3, 1995 AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION
m. Environmental compliance certificate (ECC) refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I INTRODUCTORY PROVISIONS
n. Environmental impact statement (EIS) is the document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment.
Section 1 Title This Act shall be known as the " Philippine Mining Act of 1995."
o. Exclusive economic zone means the water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.
Section 2 Declaration of Policy
p. Existing mining/quarrying right means a valid and subsisting mining claim or permit or quarry permit or any mining lease contract or agreement covering a mineralized area granted/issued under pertinent mining laws.
All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines arepromote owned bytheir the State. It shall be the responsibility of the State to rational exploration, development, utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.
q. Exploration means the searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
Section 3 Definition of Terms
r. Financial or technical assistance agreement means a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources.
As used in and for purposes of this Act, the following terms, whether in singular or plural, shall mean:
s. Force majeure means acts or circumstances beyond the reasonable control of contractor including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion, fire, adverse action by government or by any instrumentality or subdivision thereof, act of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control.
a. Ancestral lands refers to all lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law. b. Block or meridional block means an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81 has.).
t. Foreign-owned corporation means any corporation, partnership, association, or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens.
c. Bureau means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. d. Carrying capacity refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.
u. Government means the government of the Republic of the Philippines.
e. Contiguous zone refers to water, sea bottom and substratum measured twenty-four nautical miles (24 n.m.) seaward from the base line of the Philippine archipelago.
v. Gross output means the actual market value of minerals or mineral products from its mining area as defined in the National Internal Revenue Code.
f. Contract area means land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein.
w. Indigenous cultural community means a group or tribe of indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law.
g. Contractor means a qualified person acting alone or in consortium who is a party to a mineral agreement or to a financial or technical assistance agreement. 53
y. Mineral processing means the milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products.
miring, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per centum (60%) of the capital of which is owned by citizens of the Philippines: Provided, That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or mineral processing permit.
z. Mine wastes and tailings shall mean soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same.
ar. Quarrying means the process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land.
aa. Minerals refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.
as. Quarry permit means a document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands.
ab. Mineral agreement means a contract between the government
at. Quarry resources refers to any common rock or other mineral substances as the Director of Mines and Geosciences Bureau may
x. Joint venture agreement (JVA) means an agreement entered into between the Government and one or more contractors in accordance with Section 26(c) hereof.
and a contractor, involvingormineral production-sharing co-production agreement, joint-venture agreement. agreement,
declare conglomerate, to be quarry resources such diatomaceous as, but not limited to, diorite, andesite, basalt, coral sand, earth, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass: Provided, That such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities: Provided, further, That nonmetallic minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles, bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious and semi-precious stones, and other non-metallic minerals that may later be discovered and which the: Director declares the same to be of economically workable quantities, shall not be classified under the category of quarry resources.
ac. Mineral land means any area where mineral resources are found. ad. Mineral resource means any concentration of minerals/rocks with potential economic value. ae. Mining area means a portion of the contract area identified by the contractor for purposes of development, mining, utilization, and sites for support facilities or in the immediate vicinity of the mining operations. af. Mining operation means mining activities involving exploration, feasibility, development, utilization, and processing.
au. Regional director means the regional director of any mines regional office under the Department of Environment and Natural Resources.
ag. Non-governmental organization (NGO) includes nonstock, nonprofit organizations involved in activities dealing with resource and environmental conservation, management and protection. ah. Net assets refers to the property, plant and equipment as
av. Regional office means any of the mines regional offices of the Department of Environment and Natural Resources.
reflected in theasaudited financial statement of the contractor net of depreciation, computed for tax purposes, excluding appraisal increase and construction in progress.
aw. Secretary means the Secretary of the Department of Environment and Natural Resources.
ai. Offshore means the water, sea bottom and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.
ax. Special allowance refers to payment to the claim-owners or surface right-owners particularly during the transition period from Presidential Decree No. 463 and Executive Order No. 279, series of 1987.
aj. Onshore means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
ay. State means the Republic of the Philippines. az. Utilization means the extraction or disposition of minerals.
ak. Ore means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit.
CHAPTER II GOVERNMENT MANAGEMENT
al. Permittee means the holder of an exploration permit. am. Pollution control and infrastructure devices refers to infrastructure, machinery, equipment and/or improvements used for impounding, treating or neutralizing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other harmful byproducts and gases emitted from any facility utilized in mining operations for their disposal.
Section 4 Ownership of Mineral Resources
an. President means the President of the Republic of the Philippines.
The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the Constitution.
ao. Private land refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued.
Section 5 Mineral Reservations
Mineral resources are owned by the State and the exploration, development, utilization, and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter into mineral agreements with contractors.
When the national interest so requires, such as when there is a need to preserve strategic raw materials for industries critical to national development, or certain minerals for scientific, cultural or ecological value, the President may establish mineral reservations upon the recommendation of the Director through the Secretary. Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor: Provided, That a small scale-mining cooperative covered by Republic Act No. 7076 shall
ap. Public land refers to lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws. aq. Qualified person means any citizen of the Philippines with capacity to contract, or a corporation, partnership, association, or cooperative organized or authorized for the purpose of engaging in 54
be given preferential right to apply for a small-scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation, subject to valid existing mining/quarrying rights as provided under Section 112 Chapter XX hereof. All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations.
Processing of Applications
A ten per centum (10%) share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within mineral reservations as provided under this Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects and other administrative expenses related to the exploration and development of other mineral reservations mentioned in Section 6 hereof.
A sketch plan or map of the contract or mining area prepared by a deputized geodetic engineer suitable for publication purposes shall be required during the filing of a mineral agreement or financial or technical assistance agreement application. Thereafter, the contract or mining area shall be surveyed and monumented by a deputized geodetic engineer or bureau geodetic engineer and the survey plan shall be approved by the Director before the approval of the mining feasibility.
Section 6 Other Reservations
Section 13
The system of processing applications for mining rights shall be prescribed in the rules and regulations of this Act. Section 12 Survey, Charting and Delineation of Mining Areas
Meridional Blocks For purposes of the delineation of the contract or mining areas under this Act, the Philippine territory and its exclusive economic zone shall be divided into meridional blocks of one-half (1/2) minute of latitude and one-half (1/2) minute of longitude.
Mining operations in reserved lands other than mineral reservations may be undertaken by the Department, subject to limitations as herein provided. In the event that the Department cannot undertake such activities, they may be undertaken by a qualified person in accordance with the rules and regulations promulgated by the Secretary. The right to develop and utilize the minerals found therein shall be awarded by the President under such terms and conditions as recommended by the Director and approved by the Secretary: Provided, That the party who undertook the exploration of said reservation shall be given priority. The mineral land so awarded shall be automatically excluded from the reservation during the term of the agreement: Provided, further, That the right of the lessee of a valid mining contract existing within the reservation at the time of its establishment shall not be prejudiced or impaired.
Section 14 Recording System There shall be established a national and regional filing and recording system. A mineral resource database system shall be set up in the Bureau which shall include, among others, a mineral rights management system. The Bureau shall publish at least annually, a mineral gazette of nationwide circulation containing among others, a current list of mineral rights, their location in the map, mining rules and regulations, other official acts affecting mining, and other information relevant to mineral resources development. A system and publication fund shall be included in the regular budget of the Bureau.
Section 7 Periodic Review of Existing Mineral Reservations The Secretary shall periodically review existing mineral reservations for the purpose of determining whether their continued existence is consistent with the may, national interest, and upon his recommendation, the President by proclamation, alter or modify the boundaries thereof or revert the same to the public domain without prejudice to prior existing rights.
CHAPTER III SCOPE OF APPLICATION Section 15 Scope of Application
Section 8 Authority of the Department
This Act shall govern the exploration, development, utilization and processing of all mineral resources.
The Department shall be the primary government agency responsible for the conservation, management, development, and proper use of the State's mineral resources including those in reservations, watershed areas, and lands of the public domain. The Secretary shall have the authority to enter into mineral agreements on behalf of the Government upon the recommendation of the Director, promulgate such rules and regulations as may be necessary to implement the intent and provisions of this Act.
Section 16 Opening of Ancestral Lands for Mining Operations No ancestral land shall be opened for mining-operations without prior consent of the indigenous cultural community concerned. Section 17 Royalty Payments for Indigenous Cultural Communities
Section 9 Authority of the Bureau
In the event of an agreement with an indigenous cultural community pursuant to the preceding section, the royalty payment, upon utilization of the minerals shall be agreed upon by the parties. The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community.
The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological, mining, metallurgical, chemical, and other researches as well as geological and mineral exploration surveys. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. The Bureau may confiscate surety, performance and guaranty bonds posted through an order to be promulgated by the Director. The Director may deputize, when necessary, any member or unit of the Philippine National Police, barangay, duly registered non-governmental organization (NGO) or any qualified person to police all mining activities.
Section 18 Areas Open to Mining Operations Subject to any existing rights or reservations and prior agreements of all parties, all mineral resources in public or private lands, including timber or forestlands as defined in existing laws, shall be open to mineral agreements or financial or technical assistance agreement applications. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators.
Section 10 Regional Offices
Section 19 Areas Closed to Mining Applications
There shall be as many regional offices in the country as may be established by the Secretary, upon the recommendation of the Director.
Mineral agreement or financial or technical assistance agreement applications shall not be allowed:
Section 11 55
necessity, and manner of his entry, occupation and exploration and in case of disagreement, a panel of arbitrators shall resolve the conflict or disagreement.
a. In military and other government reservations, except upon prior written clearance by the government agency concerned; b. Near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned;
The permittee shall undertake an exploration work on the area as specified by its permit based on an approved work program. Any expenditure in excess of the yearly budget of the approved work program may be carried forward and credited to the succeeding years covering the duration of the permit. The Secretary, through the Director, shall promulgate rules and regulations governing the terms and conditions of the permit.
c. In areas covered by valid and existing mining rights; d. In areas expressedly prohibited by law;
The permittee may apply for a mineral production sharing agreement, joint venture agreement, co-production agreement or financial or technical assistance agreement over the permit area, which application shall be granted if the permittee meets the necessary qualifications and the terms and conditions of any such
e. In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned; and f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Areas System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.
agreement: Provided, Thatbethe exploration period covered by the exploration permit shall included as part of the exploration period of the mineral agreement or financial or technical assistance agreement. Section 24 Declaration of Mining Project Feasibility A holder of an exploration permit who determines the commercial viability of a project covering a mining area may, within the term of the permit, file with the Bureau a declaration of mining project feasibility accompanied by a work program for development. The approval of the mining project feasibility and compliance with other requirements provided in this Act shall entitle the holder to an exclusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement.
CHAPTER IV EXPLORATION PERMIT Section 20 Exploration Permit An exploration permit grants the right to conduct exploration for all minerals in specified areas. The Bureau shall have the authority to grant an exploration Permit to a qualified person.
Section 25 Transfer or Assignment An exploration permit may be transferred or assigned to a qualified
Sectionand 21 Conditions of the Exploration Permit Terms
person subject to theDirector. approval of the Secretary upon the recommendation of the
An exploration permit shall be for a period of two (2) years, subject to annual review and relinquishment or renewal upon the recommendation of the Director.
CHAPTER V MINERAL AGREEMENTS
Section 22 Maximum Areas for Exploration Permit
Section 26 Modes of Mineral Agreement
The maximum area that a qualified person may hold at any one time shall be:
For purposes of mining operations, a mineral agreement may take the following forms as herein defined:
a. Onshore, in any one province
a. Mineral production sharing agreement is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement.
1. for individuals, twenty (20) blocks: and 2. for partnerships, corporations, cooperatives, or associations, two hundred (200) blocks. b. Onshore, in the entire Philippines
b. Co-production agreement is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.
1. for individuals, forty (40) blocks; and 2. for partnerships, corporations, cooperatives, or associations, four hundred (400) blocks.
c. Joint venture agreement is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.
c. Offshore, beyond five hundred meters (500m) from the mean low tide level: 1. for individuals, one hundred (100) blocks; and
A mineral agreement shall grant to the contractor the exclusive right to conduct mining operations and to extract all mineral resources found in the contract area. In addition, the contractor may be allowed to convert his agreement into any of the modes of mineral agreements or financial or technical assistance agreement covering the remaining period of the srcinal agreement subject to the approval of the Secretary.
2. for partnerships, corporations, cooperatives, or associations, one thousand (1,000) blocks. Section 23 Rights and Obligations of the Permittee An exploration permit shall grant to the permittee, his heirs or successors-in-interest, the right to enter, occupy and explore the area: Provided, That if private or other parties are affected, the permittee shall first discuss with the said parties the extent,
Section 27 Eligibility 56
Section 32 Terms
A qualified person may enter into any of the three (3) modes of mineral agreement with the government for the exploration, development and utilization of mineral resources: Provided, That in case the applicant has been in the mining industry for any length of time, he should possess a satisfactory environmental track record as determined by the Mines and Geosciences Bureau and in consultation with the Environmental Management Bureau of the Department.
Mineral agreements shall have a term not exceeding twenty-five (25) years to start from the date of execution thereof, and renewable for another term not exceeding twenty-five (25) years under the same terms and conditions thereof, without prejudice to changes mutually agreed upon by the parties. After the renewal period, the operation of the mine may be undertaken by the Government or through a contractor. The contract for the operation of a mine shall be awarded to the highest bidder in a public bidding after due publication of the notice thereof: Provided, That the contractor shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the highest bidder.
Section 28 Maximum Areas for Mineral Agreement The maximum area that a qualified person may hold at any time under a mineral agreement shall be: a. Onshore, in any one province 1. for individuals, ten (10) blocks; and
CHAPTER VIOR TECHNICAL ASSISTANCE AGREEMENT FINANCIAL
2. for partnerships, cooperatives, associations, or corporations, one hundred (100) blocks.
Section 33 Eligibility
b. Onshore, in the entire Philippines 1. for individuals, twenty (20) blocks; and
Any qualified person with technical and financial capability to undertake large-scale exploration, development, and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement directly with the Government through the Department.
2. for partnerships, cooperatives, associations, or corporations, two hundred (200) blocks. c. Offshore, in the entire Philippines 1. for individuals fifty (50) blocks;
Section 34 Maximum Contract Area
2. for partnerships, cooperatives, associations, or corporations, five hundred (500) blocks; and
The maximum contract area that may be granted per qualified person, subject to relinquishment shall be:
3. for the exclusive economic zone, a larger area to be determined by the Secretary.
a. 1,000 meridional blocks onshore; b. 4,000 meridional blocks offshore; or
The maximum areas mentioned above that a contractor may hold under aoperating mineral agreement shallbetween not include areas under agreements the mining/quarry contractor and a claimowner/lessee/permittee/licensee entered into under Presidential Decree No. 463.
c. Combinations of aonshore and b and provided thatareas. it shall not exceed the maximum limits for offshore Section 35 Terms and Conditions
Section 29 Filing and Approval of Mineral Agreements
The following terms, conditions, and warranties shall be incorporated in the financial or technical assistance agreement, to wit:
All proposed mineral agreements shall be filed in the region where the areas of interest are located, except in mineral reservations which shall be filed with the Bureau.
a. A firm commitment in the form of a sworn statement, of an amount corresponding to the expenditure obligation that will be invested in the contract area: Provided, That such amount shall be subject to changes as may be provided for in the rules and regulations of this Act;
The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas covered by the same. The proposed mineral agreement will be approved by the Secretary and copies thereof shall be submitted to the President. Thereafter, the President shall provide a list to Congress of every approved mineral agreement within thirty (30) days from its approval by the Secretary.
b. A financial guarantee bond shall be posted in favor of the Government in an amount equivalent to the expenditure obligation of the applicant for any year;
Section 30 Assignment/Transfer
c. Submission of proof of technical competence, such as, but not limited to, its track record in mineral resource exploration, development, and utilization; details of technology to be employed in the proposed operation; and details of technical personnel to undertake the operation;
Any assignment or transfer of rights and obligations under any mineral agreement except a financial or technical assistance agreement shall be subject to the prior approval of the Secretary. Such assignment or transfer shall be deemed automatically approved if not acted upon by the Secretary within thirty (30) working days from official receipt thereof, unless patently unconstitutional or illegal.
d. Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement; e. Representations and warranties that the contractor has or has access to all the financing, managerial and technical expertise and, if circumstances demand, the technology required to promptly and effectively carry out the objectives of the agreement with the understanding to timely deploy these resources under its supervision pursuant to the periodic work programs and related budgets, when proper, providing an exploration period up to two (2) years, extendible for another two (2) years but subject to annual review by the Secretary in accordance with the implementing rules and regulations of this Act, and further, subject to the relinquishment obligations;
Section 31 Withdrawal from Mineral Agreements The contractor may, by giving due notice at any time during the term of the agreement, apply for the cancellation of the mineral agreement due to causes which, in the opinion of the contractor, make continued mining operations no longer feasible or viable. The Secretary shall consider the notice and issue its decision within a period of thirty (30) days: Provided, That the contractor has met all its financial, fiscal and legal obligations. 57
area is found to be inadequate to justify large-scale mining operations, after proper notice to the Secretary as provided for under the implementing rules and regulations: Provided, That the mineral agreement shall only be for the remaining period of the srcinal agreement.
f. Representations and warranties that, except for payments for dispositions for its equity, foreign investments in local enterprises which are qualified for repatriation, and local supplier's credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes, the contractor shall not raise any form of financing from domestic sources of funds, whether in Philippine or foreign currency, for conducting its mining operations for and in the contract area;
In the case of a foreign contractor, it shall reduce its equity to forty percent (40%) in the corporation, partnership, association, or cooperative. Upon compliance with this requirement by the contractor, the Secretary shall approve the conversion and execute the mineral production-sharing agreement.
g. The mining operations shall be conducted in accordance with the provisions of this Act and its implementing rules and regulations; h. Work programs and minimum expenditures commitments;
Section 40 Assignment/Transfer
i. Preferential use of local goods and services to the maximum extent practicable;
A financial or technical assistance agreement may be assigned or transferred, in whole or in part, to a qualified person subject to the prior approval of the President: Provided, That the President shall
j. A stipulation that the contractors are obligated to give preference to Filipinos all technology types of mining employment which they are qualified andinthat shall be transferredfor to the same;
notify Congress financial or technical assistance agreement assignedoforevery converted in accordance with this provision within thirty (30) days from the date of the approval thereof.
k. Requiring the proponent to effectively use appropriate antipollution technology and facilities to protect the environment and to restore or rehabilitate mined out areas and other areas affected by mine tailings and other forms of pollution or destruction;
Section 41 Withdrawal from Financial or Technical Assistance Agreement The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement, if in his judgment the mining project is no longer economically feasible, even after he has exerted reasonable diligence to remedy the cause or the situation. The Secretary may accept the withdrawal: Provided, That the contractor has complied or satisfied all his financial, fiscal or legal obligations.
l. The contractors shall furnish the Government records of geologic, accounting, and other relevant data for its mining operations, and that book of accounts and records shall be open for inspection by the government; m. Requiring the proponent to dispose of the minerals and byproducts produced under a financial or technical assistance agreement at the highest price and more advantageous terms and conditions as provided for under the rules and regulations of this Act;
CHAPTER VII SMALL-SCALE MINING
n. Provide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements; and
Section 42 Small-scale Mining
o. Such other terms and conditions consistent with the Constitution and with this Act as the Secretary may deem to be for the best interest of the State and the welfare of the Filipino people.
Small-scale mining shall continue to be governed by Republic Act No. 7076 and other pertinent laws.
Section 36 Negotiations
CHAPTER VIII QUARRY RESOURCES
A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President. The President shall notify Congress of all financial or technical assistance agreements within thirty (30) days from execution and approval thereof.
Section 43 Quarry Permit Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on privately-owned lands and/or public lands for building and construction materials such as marble, basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine, inset filling materials, clay for ceramic tiles and building bricks, pumice, perlite and other similar materials that are extracted by quarrying from the ground. The provincial governor shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations.
Section 37 Filing and Evaluation of Financial or Technical Assistance Agreement Proposals All financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the required processing fees. If the proposal is found to be sufficient and meritorious in form and substance after evaluation, it shall be recorded with the appropriate government agency to give the proponent the prior right to the area covered by such proposal: Provided, That existing mineral agreements, financial or technical assistance agreements and other mining rights are not impaired or prejudiced thereby. The Secretary shall recommend its approval to the President.
The maximum area which a qualified person may hold at any one time shall be five hectares (5 has.): Provided, That in large-scale quarry operations involving cement raw materials, marble, granite, sand and gravel and construction aggregates, a qualified person and the government may enter into a mineral agreement as defined herein.
Section 38 Term of Financial or Technical Assistance Agreement
A quarry permit shall have a term of five (5) years, renewable for like periods but not to exceed a total term of twenty-five (25) years. No quarry permit shall be issued or granted on any area covered by a mineral agreement or financial or technical assistance agreement.
A financial or technical assistance agreement shall have a term not exceeding twenty-five (25) years to start from the execution thereof, renewable for not more than twenty-five (25) years under such terms and conditions as may be provided by law.
Section 44 Quarry Fee and Taxes
Section 39 Option to Convert into a Mineral Agreement
A permittee shall, during the term of his permit, pay a quarry fee as provided for under the implementing rules and regulations. The permittee shall also pay the excise tax as provided by pertinent laws.
The contractor has the option to convert the financial or technical assistance agreement to a mineral agreement at any time during the term of the agreement, if the economic viability of the contract 58
Section 52 Gemstone Gathering Permit
Section 45 Cancellation of Quarry Permit
Any qualified person may be granted a non-exclusive gemstone gathering permit by the provincial governor to gather loose stones useful as gemstones in rivers and other locations.
A quarry permit may be cancelled by the provincial governor for violations of the provisions of this Act or its implementing rules and regulations or the terms and conditions of said permit: Provided, That before the cancellation of such permit, the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose.
CHAPTER IX TRANSPORT, SALE AND PROCESSING OF MINERALS
Section 46 Commercial Sand and Gravel Permit
Section 53 Ore Transport Permit
Any qualified person may be granted a permit by the provincial governor to extract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state, without undergoing processing from an area of not more than five
A permit specifying the srcin and quantity of non-processed mineral ores or minerals shall be required for their transport. Transport permits shall be issued by the mines regional director
hectares (5 has.) and in such quantities as may be specified in the permit.
whothehas jurisdiction wherebeing the ores were extracted. In case of mineralover orestheorarea minerals transported from the small-scale mining areas to the custom mills or processing plants, the Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own policies to govern such transport of ores produced by small-scale miners. The absence of a permit shall be considered as prima facie evidence of illegal mining and shall be sufficient cause for the Government to confiscate the ores or minerals being transported, the tools and equipment utilized, and the vehicle containing the same. Ore samples not exceeding two metric tons (2 m.t.) to be used exclusively for assay or pilot test purposes shall be exempted from such requirement.
Section 47 Industrial Sand and Gravel Permit Any qualified person may be granted an industrial sand and gravel permit by the Bureau for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares (5 has.) at any one time. The permit shall have a term of five (5) years, renewable for a like period but not to exceed a total term of twenty-five (25) years.
Section 54 Mineral Trading Registration
Section 48 Exclusive Sand and Gravel Permit
No person shall engage in the trading of mineral products, either locally or internationally, unless registered with the Department of Trade and Industry and accredited by the Department, with a copy of said registration submitted to the Bureau.
Any qualified person may be granted an exclusive sand and gravel permit by the provincial governor to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for his own use, provided that there will be no commercial disposition thereof.
Section 55
A mineral agreement or a financial technical assistance agreement contractor shall, however, have the right to extract and remove sand and gravel and other loose unconsolidated materials without need of a permit within the area covered by the mining agreement for the exclusive use in the mining operations: Provided, That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided, further, That said right shall be coterminous with the expiration of the agreement.
Minerals Processing Permit No person shall engage in the processing of minerals without first securing a minerals processing permit from the Secretary. Minerals processing permit shall be for a period of five (5) years renewable for like periods but not to exceed a total term of twenty-five (25) years. In the case of mineral ores or minerals produced by the small-scale miners, the processing thereof as well as the licensing of their custom mills, or processing plants shall continue to be governed by the provisions of Republic Act No. 7076.
Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided, That said right shall be coterminous with the expiry dates of the lease.
Section 56 Eligibility of Foreign-owned/-controlled Corporation A foreign-owned/-controlled corporation may be granted a mineral processing permit.
Section 49 Government Gratuitous Permit Any government entity or instrumentality may be granted a gratuitous permit by the provincial governor to extract sand and gravel, quarry or loose unconsolidated materials needed in the construction of building and/or infrastructure for public use or other purposes over an area of not more than two hectares (2 has.) for a period coterminous with said construction.
CHAPTER X DEVELOPMENT OF MINING COMMUNITIES, SCIENCE AND MINING TECHNOLOGY Section 57 Expenditure for Community Development and Science and Mining Technology
Section 50 Private Gratuitous Permit Any owner of land may be granted a private gratuitous permit by the provincial governor.
A contractor shall assist in the development of its mining community, the promotion of the general welfare of its inhabitants, and the development of science and mining technology.
Section 51 Guano Permit
Section 58 Credited Activities
Any qualified person may be granted a guano permit by the provincial governor to extract and utilize loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality where he has established domicile. The permit shall be for specific caves and/or for confined sites with locations verified by the Department's field officer in accordance with existing rules and regulations.
Activities that may be credited as expenditures for development of mining communities, and science and mining technology are the following: a. Any activity or expenditure intended to enhance the development of the mining and neighboring communities of a mining operation other than those required or provided for under 59
existing laws, or collective bargaining agreements, and the like; and
mines safety, health and environmental rules and regulations shall be covered under Republic Act No. 7305.
b. Any activity or expenditure directed towards the development of geosciences and mining technology such as, but not limited to, institutional and manpower development, and basic and applied researches. Appropriate supervision and control mechanisms shall be prescribed in the implementing rules and regulations of this Act.
Section 64 Mine Labor No person under sixteen (16) years of age shall be employed in any phase of mining operations and no person under eighteen (18) years of age shall be employed underground in a mine.
Section 59 Training and Development
Section 65 Mine Supervision
A contractor shall maintain an effective program of manpower training and development throughout the term of the mineral agreement and shall encourage and train Filipinos to participate in all aspects of the mining operations, including the management thereof. For highly-technical and specialized mining operations, the contractor may, subject to the necessary government
All mining and quarrying operations that employ more than fifty (50) workers shall have at least one (1) licensed mining engineer with at least five (5) years of experience in mining operations, and one (1) registered foreman.
clearances, employ qualified foreigners. Section 60 Use of Indigenous Goods, Services and Technologies
Section 66 Mine Inspection The regional director shall have exclusive jurisdiction over the safety inspection of all installations, surface or underground, in mining operations at reasonable hours of the day or night and as much as possible in a manner that will not impede or obstruct work in progress of a contractor or permittee.
A contractor shall give preference to the use of local goods, services and scientific and technical resources in the mining operations, where the same are of equivalent quality, and are available on equivalent terms as their imported counterparts.
Section 67 Power to Issue Orders
Section 61 Donations/Turn Over of Facilities Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations, on public lands by the contractor, the latter shall have a period of one (1) year therefrom within which to remove his improvements; otherwise, all the social infrastructure and facilities shall be turned over or donated taxfree to the proper government authorities, national or local, to ensure that said infrastructure and facilities are continuously maintained and utilized by the host and neighboring communities.
The mines regional director shall, in consultation with the Environmental Management Bureau, forthwith or within such time as specified in his order, require the contractor to remedy any practice connected with mining or quarrying operations, which is not in accordance with safety and anti-pollution laws and regulations. In case of imminent danger to life or property, the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed, or appropriate measures are taken by the contractor or permittee.
Section 62 of Filipinos Employment
Section of 68Accidents Report
A contractor shall give preference to Filipino citizens in all types of mining employment within the country insofar as such citizens are qualified to perform the corresponding work with reasonable efficiency and without hazard to the safety of the operations. The contractor, however, shall not be hindered from hiring employees of his own selection, subject to the provisions of Commonwealth Act No. 613, as amended, for technical and specialized work which, in his judgment and with the approval of the Director, requires highly-specialized training or long experience in exploration, development or utilization of mineral resources: Provided, That in no case shall each employment exceed five (5) years or the payback period as represented in srcinal project study, whichever is longer: Provided, further, That each foreigner employed as mine manager, vice-president for operations or in an equivalent managerial position in charge of mining, milling, quarrying or drilling operation shall:
In case of any incident or accident, causing or creating the danger of loss of life or serious physical injuries, the person in charge of operations shall immediately report the same to the regional office where the operations are situated. Failure to report the same without justifiable reason shall be a cause for the imposition of administrative sanctions prescribed in the rules and regulations implementing this Act. Section 69 Environmental Protection Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include not only plans relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic development.
a. Present evidence of his qualification and work experience; or b. Shall pass the appropriate government licensure examination; or c. In special cases, may be permitted to work by the Director for a period not exceeding one (1) year: Provided, however, That if reciprocal privileges are extended to Filipino nationals in the country of domicile, the Director may grant waivers or exemptions.
Section 70 Environmental Impact Assessment (EIA) Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit, an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environmental Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance, and prior consultation with the local government units, non-governmental and people's organizations and other concerned sectors of the community: Provided, That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. People's organizations and nongovernmental organizations shall be allowed and encouraged to
CHAPTER XI SAFETY AND ENVIRONMENTAL PROTECTION Section 63 Mines Safety and Environmental Protection All contractors and permittees shall strictly comply with all the mines safety rules and regulations as may be promulgated by the Secretary concerning the safe and sanitary upkeep of the mining operations and achieve waste-free and efficient mine development. Personnel of the Department involved in the implementation of 60
participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection.
Section 76 Entry into Private Lands and Concession Areas
Section 71 Rehabilitation
Subject to prior notification, holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein: Provided, That any damage done to the property of the surface owner, occupant, or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations: Provided, further, That to guarantee such compensation, the person authorized to conduct mining operation shall, prior thereto, post a bond with the regional director based on the type of properties, the prevailing prices in and around the area where the mining operations are to be conducted, with surety or sureties satisfactory to the regional director.
Contractors and permittees shall technically and biologically rehabilitate the excavated, mined-out, tailings covered and disturbed areas to the condition of environmental safety, as may be provided in the implementing rules and regulations of this Act. A mine rehabilitation fund shall be created, based on the contractor's approved work program, and shall be deposited as a trust fund in a government depository bank and used for physical and social rehabilitation of areas and communities affected by mining activities and for research on the social, technical and preventive aspects of rehabilitation. Failure to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned.
CHAPTER XIII SETTLEMENT OF CONFLICTS CHAPTER XII AUXILIARY MINING RIGHTS
Section 77 Panel of Arbitrators
Section 72 Timber Rights
There shall be a panel of arbitrators in the regional office of the Department composed of three (3) members, two (2) of whom must be members of the Philippine Bar in good standing and one a licensed mining engineer or a professional in a related field, and duly designated by the Secretary as recommended by the Mines and Geosciences Bureau Director. Those designated as members of the panel shall serve as such in addition to their work in the Department without receiving any additional compensation As much as practicable, said members shall come from the different bureaus of the Department in the region. The presiding officer thereof shall be selected by the drawing of lots. His tenure as presiding officer shall be on a yearly basis. The members of the panel shall perform their duties and obligations in hearing and deciding cases until their designation is withdrawn or revoked by the Secretary. Within thirty (30) working days, after the
Any provision of law to the contrary notwithstanding, a contractor may be granted a right to cut trees or timber within his mining area as may be necessary for his mining operations subject to forestry laws, rules and regulations: Provided, That if the land covered by the mining area is already covered by existing timber concessions, the volume of timber needed and the manner of cutting and removal thereof shall be determined by the mines regional director, upon consultation with the contractor, the timber concessionaire/permittee and the Forest Management Bureau of the Department: Provided, further, That in case of disagreement between the contractor and the timber concessionaire, the matter shall be submitted to the Secretary whose decision shall be final. The contractor shall perform reforestation work within his mining area in accordance with forestry laws, rules and regulations. Section 73 Water Rights
submission of the by the parties fortodecision, panelon shall have exclusive andcase srcinal jurisdiction hear andthedecide the following: a. Disputes involving rights to mining areas;
A contractor shall have water rights for mining operations upon approval of application with the appropriate government agency in accordance with existing water laws, rules and regulations promulgated thereunder: Provided, That water rights already granted or vested through long use, recognized and acknowledged by local customs, laws, and decisions of courts shall not thereby be impaired: Provided, further, That the Government reserves the right to regulate water rights and the reasonable and equitable distribution of water supply so as to prevent the monopoly of the use thereof.
b. Disputes involving mineral agreements or permits; c. Disputes involving surface claimholders/concessionaires; and
owners,
occupants
and
d. Disputes pending before the Bureau and the Department at the date of the effectivity of this Act. Section 78 Appellate Jurisdiction
Section 74 Right to Possess Explosives
The decision or order of the panel of arbitrators may be appealed by the party not satisfied thereto to the Mines Adjudication Board within fifteen (15) days from receipt thereof which must decide the case within thirty (30) days from submission thereof for decision.
A contractor/exploration permittee shall have the right to possess and use explosives within his contract/permit area as may be necessary for his mining operations upon approval of application with the appropriate government agency in accordance with existing laws, rules and regulations promulgated thereunder: Provided, That the Government reserves the right to regulate and control the explosive accessories to ensure safe mining operations.
Section 79 Mines Adjudication Board The Mines Adjudication Board shall be composed of three (3) members. The Secretary shall be the chairman with the Director of the Mines and Geosciences Bureau and the Undersecretary for Operations of the Department as members thereof. The Board shall have the following powers and functions:
Section 75 Easement Rights When mining areas are so situated that for purposes of more convenient mining operations it is necessary to build, construct or install on the mining areas or lands owned, occupied or leased by other persons, such infrastructure as roads, railroads, mills, waste dump sites, tailings ponds, warehouses, staging or storage areas and port facilities, tramways, runways, airports, electric transmission, telephone or telegraph lines, dams and their normal flood and catchment areas, sites for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the contractor, upon payment of just compensation, shall be entitled to enter and occupy said mining areas or lands.
a. To promulgate rules and regulations governing the hearing and disposition of cases before it, as well as those pertaining to its internal functions, and such rules and regulations as may be necessary to carry out its functions; b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, statement of accounts, agreements, and other documents as may be material to a just determination of the matter under investigation, and to 61
testify in any investigation or hearing conducted in pursuance of this Act;
dividend or interest payments to the said foreign stockholder in case of a foreign national and all such other taxes, duties and fees as provided for under existing laws.
c. To conduct hearings on all matters within its jurisdiction, proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear, conduct its proceedings or any part thereof in public or in private, adjourn its hearings at any time and place, refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice, direct parties to be joined in or excluded from the proceedings, correct, amend, or waive any error, defect or irregularity, whether in substance or in form, give all such directions as it may deem necessary or expedient in the determination of the dispute before it, and dismiss the mining dispute as part thereof, where it is trivial or where further proceedings by the Board are not necessary or desirable:
The collection of Government share in financial assistance agreement shall commence after the technical assistance agreement contractor has fully pre-operating expenses, exploration, and expenditures, inclusive.
or technical financial or recovered its development
Section 82 Allocation of Government Share The Government share as referred to in the preceding sections shall be shared and allocated in accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991. In case the development and utilization of mineral resources is undertaken by a government-owned or -
1. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and 2. To enjoin any or all acts involving or arising from any case pending before it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability.
controlled corporation, allocation shall be in accordance with Sectionsthe 291sharing and 292and of the said Code.
CHAPTER XV TAXES AND FEES
In any proceeding before the Board, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Act that shall govern. The Board shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. In any proceeding before the Board, the parties may be represented by legal counsel. The findings of fact of the Board shall be conclusive and binding on the parties and its decision or order shall be final and executory.
Section 83 Income Taxes After the lapse of the income tax holiday as provided for in the Omnibus Investments Code, the contractor shall be liable to pay income tax as provided in the National Internal Revenue Code, as amended. Section 84 Excise Tax on Mineral Products
A petition for review by certiorari and question of law may be filed by the aggrieved party with the Supreme Court within thirty (30) days from receipt of the order or decision of the Board.
The contractor shall be liable to pay the excise tax on mineral products as provided for under Section 151 of the National Internal Revenue Code: Provided, however, That with respect to a mineral production agreement, the excise tax on mineral products shall be the sharing government share under said agreement.
CHAPTER XIV GOVERNMENT SHARE
Section 85 Mine Wastes and Tailings Fees
Section 80 Government Share in Mineral Production Sharing Agreement
A semi-annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating mining companies in accordance with the implementing rules and regulations. The mine wastes and tailings fee shall accrue to a reserve fund to be used exclusively for payment for damages to:
The total government share in a mineral production sharing agreement shall be the excise tax on mineral products as provided in Republic Act No. 7729, amending Section 151(a) of the National Internal Revenue Code, as amended.
a. Lives and personal safety;
Section 81 Government Share in Other Mineral Agreements
b. Lands, agricultural crops and forest products, marine life and aquatic resources, cultural resources; and
The share of the Government in co-production and joint-venture agreements shall be negotiated by the Government and the contractor taking into consideration the:
c. Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution.
a. capital investment of the project;
This is in addition to the suspension or closure of the activities of the contractor at any time and the penal sanctions imposed upon the same.
b. risks involved; c. contribution of the project to the economy; and
The Secretary is authorized to increase mine wastes and tailings fees, when public interest so requires, upon the recommendation of the Director.
d. other factors that will provide for a fair and equitable sharing between the Government and the contractor. The Government shall also be entitled to compensations for its other contributions which shall be agreed upon by the parties, and shall consist, among other things, the contractor's income tax, excise tax, special allowance, withholding tax due from the contractor's foreign stockholders arising from dividend or interest payments to the said foreign stockholders, in case of a foreign national, and all such other taxes, duties and fees as provided for under existing laws.
Section 86 Occupation Fees There shall be collected from any holder of a mineral agreement, financial or technical assistance agreement or exploration permit on public or private lands, an annual occupation fee in accordance with the following schedule: a. For exploration permit - Five pesos (P5.00) per hectare or fraction thereof per annum;
The Government share in financial or technical assistance agreement shall consist of, among other things, the contractor's corporate income tax, excise tax, special allowance, withholding tax due from the contractor's foreign stockholders arising from 62
b. For mineral agreements and financial or technical assistance agreements - Fifty pesos (P50.00) per hectare or fraction thereof per annum; and
Income Tax-Accelerated Depreciation
c. For mineral reservation - One hundred pesos (P100.00) per hectare or fraction thereof per annum.
a. To the extent of not more than twice as fast as the normal rate of depreciation or depreciated at normal rate of depreciation if the expected life is ten (10) years or less; or
Fixed assets may be depreciated as follows:
The Secretary is authorized to increase the occupation fees provided herein when the public interest so requires, upon recommendation of the Bureau Director.
b. Depreciated over any number of years between five (5) years and the expected life if the latter is more than ten (10) years, and the depreciation thereon allowed as deduction from taxable income: Provided, That the contractor notifies the Bureau of Internal Revenue at the beginning of the depreciation period which depreciation rate allowed by this section will be used.
Section 87 Manner of Payment of Fees The fees shall be paid on the date the mining agreement is registered with the appropriate office and on the same date every year thereafter. It shall be paid to the treasurer of the municipality or city where the onshore mining areas are located, or to the
In computing for taxable income, unless otherwise provided in this Act, the contractor may, at his option, deduct exploration and development expenditures accumulated at cost as of the date of the
Director in officer case ofshall offshore mining Forofthis the appropriate submit to the areas. treasurer the purpose, municipality or city where the onshore mining area is located, a complete list of all onshore mining rights registered with his office, indicating therein the names of the holders, area in hectares, location, and date registered. If the fee is not paid on the date specified, it shall be increased by twenty-five per centum (25%).
prospecting or exploration development expenditures paid or incurred during the taxableand year: Provided, That the total amount deductible for exploration and development expenditures shall not exceed twenty-five per centum (25%) of the net income from mining operations. The actual exploration and development expenditures minus the twenty-five per centum (25%) net income from mining shall be carried forward to the succeeding years until fully deducted.
Section 88 Allocation of Occupation Fees Thirty per centum (30%) of all occupational fees collected from holders of mining rights in onshore mining areas shall accrue to the province and seventy per centum (70%) to the municipality in which the onshore mining areas are located. In a chartered city, the full amount shall accrue to the city concerned.
Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. Allowable deductions shall include mining, milling and marketing expenses, depreciation of properties directly used in the mining operations. This paragraph shall not apply to expenditures for the acquisition or improvement of property of a character which is subject to the allowances for depreciation.
Section 89 Filing Fees and Other Charges
Section 94 Investment Guarantees
The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe in accordance with the
The contractor shall be entitled to the basic rights and guarantees provided in the Constitution and such other rights recognized by
implementing rules and regulations.
the government as enumerated hereunder: a. Repatriation of investments. The right to repatriate the entire proceeds of the liquidation of the foreign investment in the currency in which the investment was srcinally made and at the exchange rate prevailing at the time of repatriation.
CHAPTER XVI INCENTIVES Section 90 Incentives
b. Remittance of earnings. The right to remit earnings from the investment in the currency in which the foreign investment was srcinally made and at the exchange rate prevailing at the time of remittance.
The contractors in mineral agreements, and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No. 226, otherwise known as the Omnibus Investments Code of 1987. Provided, That holders of exploration permits may register with the Board of Investments and be entitled to the fiscal incentives granted under the said Code for the duration of the permits or extensions thereof: Provided, further, That mining activities shall always be included in the investment priorities plan.
c. Foreign loans and contracts. The right to remit at the exchange rate prevailing at the time of remittance such sums as may be necessary to meet the payments of interest and principal on foreign loans and foreign obligations arising from financial or technical assistance contracts. d. Freedom from expropriation. The right to be free from expropriation by the Government of the property represented by investments or loans, or of the property of the enterprise except for public use or in the interest of national welfare or defense and upon payment of just compensation. In such cases, foreign investors or enterprises shall have the right to remit sums received as compensation for the expropriated property in the currency in which the investment was srcinally made and at the exchange rate prevailing at the time of remittance.
Section 91 Incentives for Pollution Control Devices Pollution control devices acquired, constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed, and shall not be subject to real property and other taxes or assessments: Provided, however, That payment of mine wastes and tailings fees is not exempted.
e. Requisition of investment. The right to be free from requisition of the property represented by the investment or of the property of the enterprises except in case of war or national emergency and only for the duration thereof. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of war or national emergency. Payments received as compensation for the requisitioned property may be remitted in the currency in which the investments were srcinally made and at the exchange rate prevailing at the time of remittance.
Section 92 Income Tax-Carry Forward of Losses A net operating loss without the benefit of incentives incurred in any of the first ten (10) years of operations may be carried over as a deduction from taxable income for the next five (5) years immediately following the year of such loss. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss, and any portion of such loss which exceeds the taxable income of such first year shall be deducted in like manner from the taxable income of the next remaining four (4) years.
f. Confidentiality. Any confidential information supplied by the contractor pursuant to this Act and its implementing rules and regulations shall be treated as such by the Department and the Government, and during the term of the project to which it relates.
Section 93 63
CHAPTER XVII GROUND FOR TERMINATION
CANCELLATION,
REVOCATION,
Any person undertaking exploration work without the necessary exploration permit shall, upon conviction, be penalized by a fine of not exceeding Fifty thousand pesos (P50,000.00).
AND
Section 103 Theft of Minerals
Section 95 Late or Non-filing of Requirements
Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants shall, upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the appropriate court. In addition, he shall be liable to pay damages and compensation for the minerals removed, extracted, and disposed of. In the case of associations, partnerships, or corporations, the president and each of the directors thereof shall
Failure of the permittee or contractor to comply with any of the requirements provided in this Act or in its implementing rules and regulations, without a valid reason, shall be sufficient ground for the suspension of any permit or agreement provided under this Act. Section 96 Violation of the Terms and Conditions of Permits or Agreements
be responsible for the acts committed by such association, corporation, or partnership.
Violation of the terms and conditions of the permits or agreements shall be a sufficient ground for cancellation of the same.
Section 104 Destruction of Mining Structures
Section 97 Non-Payment of Taxes and Fees
Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in addition, pay compensation for the damages which may have been caused thereby.
Failure to pay the taxes and fees due the Government for two (2) consecutive years shall cause the cancellation of the exploration permit, mineral agreement, financial or technical assistance agreement and other agreements and the re-opening of the area subject thereof to new applicants.
Section 105 Mines Arson
Section 98 Suspension or Cancellation of Tar Incentives and Credits Failure to abide by the terms and conditions of tax incentive and credits shall cause the suspension or cancellation of said incentives and credits.
Any person who willfully sets fire to any mineral stockpile, mine or workings, fittings or a mine, shall be guilty of arson and shall be punished, upon conviction, by the appropriate court in accordance with the provisions of the Revised Penal Code and shall, in addition, pay compensation for the damages caused hereby.
Section 99 Falsehood or Omission of Facts in the Statement
Section 106
All statements made in the exploration permit, mining agreement and financial or technical assistance agreement shall be considered as conditions and essential parts thereof and any falsehood in said statements or omission of facts therein which may alter, change or affect substantially the facts set forth in said statements may cause the revocation and termination of the exploration permit, mining agreement and financial or technical assistance agreement.
Willful Damage to a Mine Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance, apparatus, rope, chain, tackle, or any other things used in a mine, shall be punished, upon conviction, by the appropriate court, by imprisonment not exceeding a period of five (5) years and shall, in addition, pay compensation for the damages caused thereby. Section 107 Illegal Obstruction to Permittees or Contractors
CHAPTER XVIII ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENTS
Any person who, without justifiable cause, prevents or obstructs the holder of any permit, agreement or lease from undertaking his mining operations shall be punished, upon conviction by the appropriate court, by a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at the discretion of the court.
Section 100 From Staff Bureau to Line Bureau The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section 9 of this Act: Provided, That under the Mines and Geosciences Bureau shall be the necessary mines regional, district and other pertinent offices - the number and specific functions of which shall be provided in the implementing rules and regulations of this Act.
Section 108 Violation of the Terms and Conditions of the Environmental Compliance Certificate Any person who willfully violates or grossly neglects to abide by the terms and conditions of the environmental compliance certificate issued to said person and which causes environmental damage through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years or a fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court.
CHAPTER XIX PENAL PROVISIONS Section 101 False Statements Any person who knowingly presents any false application, declaration, or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines, mining operations or mineral agreements, financial or technical assistance agreements and permits shall, upon conviction, be penalized by a fine of not exceeding Ten thousand pesos (P10,000.00).
Section 109 Illegal Obstruction to Government Officials Any person who illegally prevents or obstructs the Secretary, the Director or any of their representatives in the performance of their duties under the provisions of this Act and of the regulations promulgated hereunder shall be punished upon conviction, by the appropriate court, by a fine not exceeding Five thousand pesos (P5,000.00) or by imprisonment not exceeding one (1) year, or both, at the discretion of the court.
Section 102 Illegal Exploration 64
Section 110 Other Violations
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Any other violation of this Act and its implementing rules and regulations shall constitute an offense punishable with a fine not exceeding Five thousand pesos (P5,000.00).
SECTION 1. Title - This Act shall be known and referred to as the "National Integrated Protected Areas System Act of 1992".
Section 111 Fines
SECTION 2. Declaration of Policy - Cognizant of the profound impact of man's activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement and recognizing the critical importance of protecting and maintaining the natural biological and physical diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations the perpetual existence of all native plants
The Secretary is authorized to charge fines for late or nonsubmission of reports in accordance with the implementing rules and regulations of this Act.
CHAPTER XX TRANSITORY AND MISCELLANEOUS PROVISIONS Section 112 Non-Impairment of Existing Mining/Quarrying Rights
andintegrated animals through theareas establishment a comprehensive system of protected within the of classification of national park as provided for in the Constitution. It is hereby recognized that these areas, although distinct in features, posses common ecological values that may be incorporated into a holistic plan representative of our natural heritage; that effective administration of this area is possible only through cooperation among national government, local government and concerned private organizations; that the use and enjoyment of these protected areas must be consistent with the principles of biological diversity and sustainable development.
All valid and existing mining lease contracts, permits/licenses, leases pending renewal, mineral production-sharing agreements granted under Executive Order No. 279, at the date of effectivity of this Act, shall remain valid, shall not be impaired, and shall be recognized by the Government: Provided, That the provisions of Chapter XIV on government share in mineral production-sharing agreement and of Chapter XVI on incentives of this Act shall immediately govern and apply to a mining lessee or contractor unless the mining lessee or contractor indicates his intention to the secretary, in writing, not to avail of said provisions: Provided, further, That no renewal of mining lease contracts shall be made after the expiration of its term: Provided, finally, That such leases, production-sharing agreements, financial or technical assistance agreements shall comply with the applicable provisions of this Act and its implementing rules and regulations.
To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which shall encompass outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as "protected areas".
Section 113 Recognition Applications of Valid and Lease/Quarry
SECTION 3. Existing
Mining
Claims
and
Categories - The following categories of protected
areas are hereby established: a. Strict nature reserve; b. Natural park; c. Natural monument; d. Wildlife sanctuary; e. Protected landscapes and seascapes; f. Resource reserve; g. Natural biotic areas; and h. Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.
Holders of valid and existing mining claims, lease/quarry applications shall be given preferential rights to enter into any mode of mineral agreement with the government within two (2) years from the promulgation of the rules and regulations implementing this Act. Section 114 Separability Clause If any of the provision of this Act is held or declared to be unconstitutional or invalid by a competent court, the other provisions hereof shall continue to be in force as if the provision so annulled or voided had never been incorporated in this Act.
SECTION 4. Definition of Terms - For purposes of this Act, the following terms shall be defined as follows: "National Integrated Protected Areas System (NIPAS)" is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible;
Section 115 Repealing and Amending Clause All laws, executive orders, presidential decrees, rules and regulations or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly.
"Protected Area" refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation;
Section 116 Effectivity Clause This Act shall take effect thirty (30) days following its complete publication in two (2) newspapers of general circulation in the Philippines.
"Buffer zones" are identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize harm to the protected area;
REPUBLIC ACT NO. 7586 NIPAS ACT (BASIS FOR NATIONAL PARK)
"Indigenous cultural community" refers to a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits and who have since time immemorial, occupied, possessed and utilized a territory;
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES
"National park" refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to
iv
65
conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas;
Offices, Provincial Environment and Natural Resources Offices (PENROs) and Community Environment and Natural Resources Offices (CENROs) where NIPAS areas are located;
"Natural monuments" is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics;
Within three (3) years from the effectivity of this Act, the DENR shall study and review each area tentatively composing the System as to its suitability or non-suitability for preservation as protected area and inclusion in the System according to the categories established in Section 3 hereof and report its findings to the President as soon as each study is completed. The study must include in each area: 1. A forest occupants survey; 2. An ethnographic study; 3. A protected area resource profile; 4. Land use plans done in coordination with the respective Regional Development Councils; and 5. Such other background studies as will be sufficient bases for selection.
"Natural biotic area" is an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace; "Natural park" is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use; "Protected landscapes/seascapes" are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these areas;
The DENR shall: Notify the public of proposed action through publication in a newspaper of general circulation, and such other means as the System deems necessary in the area or areas in the vicinity of the affected land thirty (30) days prior to the public hearing; i. Conduct public hearings at the locations nearest to the area affected; ii. At least thirty (30) days prior to the date of hearing, advise all Local Government Units (LGUs) in the affected areas, national agencies concerned, people's organizations and non-government organizations and invite such officials to submit their views on the proposed action at the hearing not later than thirty (30) days following the date of hearing; and iii. Give due consideration to the recommendations at the public hearing; and provide sufficient explanation for his recommendations contrary to the general sentiments expressed in the public hearing;
"Resource reserve" is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning; "Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state;
Upon receipt of the recommendations of the DENR, the President shall issue a presidential proclamation designating the recommended areas asuntil protected areas when and providing measures for their protection such time Congressforshall have enacted a law finally declaring such recommended areas as part of the integrated protected area systems; and
"Tenured migrant communities" are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence; and
Thereafter, the President shall send to the Senate and the House of Representatives his recommendations with respect to the designations as protected areas or reclassification of each area on which review has been completed, together with maps and legal description of boundaries. The President, in his recommendation, may propose the alteration of existing boundaries of any or all proclaimed protected areas, addition of any contiguous area of public land of predominant physical and biological value. Nothing contained herein shall limit the President to propose, as part of his recommendation to Congress, additional areas which have not been designated, proclaimed or set aside by law, presidential decree, proclamation or executive orders as protected area/s. SECTION 6. Additional Areas to be Integrated to the System. Notwithstanding the establishment of the initial component of the additional areas with outstanding physical features, anthropological significance and biological diversity in accordance with the provisions of Section 5d.
"Wildlife sanctuary" comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulations for their perpetuation. SECTION 5. Establishment and Extent of the System - The establishment and operationalization of the System shall involve the following: All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree, presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System. The initial components of the System shall be governed by existing laws, rules and regulations, not inconsistent with this Act;
SECTION 7. Disestablishment as Protected Area. - When in the opinion of the DENR a certain protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority of the members of the respective boards for the protected area as herein established in Section 11, it shall, in turn, advice Congress. Disestablishment of a protected area under the System or modification of its boundary shall take effect pursuant to an act of Congress. Thereafter, said area shall revert to the category of public forests unless otherwise classified by Congress: Provided however, that after disestablishment by Congress, the Secretary may recommend the transfer of such disestablished area to other government agencies to serve other priority programs of national interest.
Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the House of Representatives a map and legal descriptions or natural boundaries of each protected area initially comprising the System. Such maps and legal description shall, by virtue of this Act, constitute the official documentary representation of the entire System, subject to such changes as Congress deems necessary; All DENR records pertaining to said protected areas, including maps and legal descriptions or natural boundaries, copies of rules and regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications shall be made available to the public. These legal documents pertaining to protected areas shall also be available to the public in the respective DENR Regional
SECTION 8. Buffer Zones. - For each protected area, there shall be established peripheral buffer zones when necessary, in the same manner as Congress establishes the protected area, to protect the same from activities that will directly and indirectly harm it. 66
Such buffer zones shall be included in the individual protected area management plan that shall prepared for each protected area. The DENR shall exercise its authority over protected areas as provided in this Act on such area and designated as buffer zones.
k. To submit an annual report to the President of the Philippines and to Congress on the status of protected areas in the country; l. To establish a uniform marker of the System, including an appropriate and distinctive symbol for each category in the System, in consultation with appropriate government agencies and public and private organizations; m. To determine the specification of the class, type and style of buildings and other structures to be constructed in protected areas and the materials to be used; n. Control the construction, operation andmaintenance of roads, trails, waterworks, sewerage, fire protection, and sanitation systems and other public utilities within the protected area; o. Control occupancy of suitable portions of the protected area and resettle outside of said area forest occupants therein, with the exception of the members of indigenous communities area; and p. To perform such other functions as may be directed by the President of the Philippines, and to do such acts as may be necessary or incidental to the accomplishment of the purpose and
SECTION 9. Management Plans. - There shall be a general management planning strategy to serve as guide in formulating individual plans for each protected area. The management planning strategy shall, at the minimum, promote the adoption and implementation of innovative management techniques including if necessary, the concept of zoning, buffer zone management for multiple use and protection, habitat conservation and rehabilitation, diversity management, community organizing, socioeconomic and scientific researches, site-specific policy development, pest management, and fire control. The management planning strategy shall also provide guidelines for the protection of indigenous cultural communities, other tenured migrant communities and sites for close coordination between and among local agencies of the Government as well as the private sector. Each component area of the System shall be planned and administered to further protect and enhance the permanent preservation of its natural conditions. A management manual shall be formulated and developed which must contain the following: an individual management plan prepared by three (3) experts, basic background information, field inventory of the resources within the area, an assessment of assets and limitations, regional interrelationships, particular objectives for managing the area, appropriate division of the area into management zones, a review of the boundaries of the area, and a design of the management programs.
objectives of the System. SECTION 11. Protected Area Management Board. - A Protected Area Management Board for each of the established protected area shall be created and shall be composed of the following: The Regional Executive Director under whose jurisdiction the protected area is located; one (1) representative from the autonomous regional government, if applicable; the Provincial Development Officer; one (1) representative from the municipal government; one (1) representative from each barangay covering the protected area; one (1) representative from each tribal community, if applicable; and, at least three (3) representatives from non-government organizations/local community organizations, and if necessary, one (1) representative from other departments or national government agencies involved in protected area management.
SECTION 10. Administration and Management of the System. The National Integrated Protected Areas System is hereby placed under the control and administration of the Department of Environment and Natural Resources. For this purpose, there is hereby created a division in the regional offices of the Department to be called the Protected Areas and Wildlife Division in regions where protected areas have been established, which shall be under the supervision of a Regional Technical Director, and shall include
The Board shall, by a majority vote, decide the allocations for budget, approve proposals for funding, decide matters relating to planning, peripheral protection and general administration of the area in accordance with the general management strategy. The members of the Board shall serve for a term of five (5) years without compensation, except for actual and necessary traveling
subordinate officers, clerks, andbyemployees as may be by the Secretary, duly approved the Department of proposed Budget and Management, and appropriated by the Congress. The Service thus established shall manage protected areas and promote the permanent preservation, to the greatest extent possible of their natural conditions.
and subsistence incurred in Secretary the performance of their duties. They shallexpenses be appointed by the of the DENR as follows: a. A member who shall be appointed to represent each local government down to barangay level whose territory or portion is included in the protected area. Each appointee shall be the person designated by the head of such LGU, except for the Provincial Development Officer who shall serve ex officio; b. A member from non-government organizations who shall be endorsed by heads of organizations which are preferably based in the area or which have established and recognized interest in protected areas; c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of the Board and shall serve as adviser/s in matters related to the technical aspect of management of the area; and d. The RED shall act as chairman of the Board. When there are two (2) or more REDs in the Board, the Secretary shall designate one (1) of them to be the Chairman. Vacancies shall be filled in the same manner as the srcinal appointment.
To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and all of the following acts: a. To conduct studies on various characteristic features and conditions of the different protected areas, using commonalities in their characteristics, classify and define them into categories and prescribe permissible or prohibited human activities in each category in the System; b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for the preservation and control of activities that may threaten the ecological balance in the protected areas; c. To cause the preparation of and exercise the power to review all plans and proposals for the management of protected areas; d. To promulgate rules and regulations necessary to carry out the provisions of this Act; e. To deputize field officers and delegate any of his powers under this Act and other laws to expedite its implementation and enforcement; f. To fix and prescribe reasonable NIPAS fees to be collected from government agencies or any person, firm or corporation deriving benefits from the protected areas; g. To exact administrative fees and fines as authorized in Section 21 for violation of guidelines, rules and regulations of this Act as would endanger the viability of protected areas; h. To enter into contracts and/or agreements with private entities or public agencies as may be necessary to carry out the purposes of this Act; i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or bequests of money for immediate disbursements or other property in the interest of the NIPAS, its activities or its services; j. To call on any agency or instrumentality of the Government as well as academic institutions, non-government organizations and the private sector as may be necessary to accomplish the objectives and activities of the System;
SECTION 12. Environmental Impact Assessment. - Proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment as required by law before they are adopted, and the results thereof shall be taken into consideration in the decisionmaking process. No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA) system. In instances where such activities are allowed to be undertaken, the proponent shall plan and carry them out in such manner as will minimize any adverse effects and take preventive and remedial action when appropriate. The proponent shall be liable for any damage due to lack of caution or indiscretion. SECTION 13. Ancestral Lands and Rights Over Them. Ancestral lands and customary rights and interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to govern ancestral lands within protected areas: 67
Provided, that the DENR shall have so power to evict indigenous communities from their present occupancy nor resettle them to another area without their consent: Provided, however, That all rules and regulations, whether adversely affecting said communities or not, shall be subjected to notice and hearing to be participated in by members of concerned indigenous community.
SECTION 20. Prohibited Acts. - Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following acts are prohibited within protected areas: a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board; b. Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants therein; c. Use of any motorized equipment without a permit from the Management Board; d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value); e. Damaging and leaving roads and trails in a damaged condition; f. Squatting, mineral locating, orotherwise occupying anyland; g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit;
SECTION 14. Survey for Energy Resources. - Consistent with the policies declared in Section 2 hereof, protected areas, except strict nature reserves and natural parks, may be subjected to exploration only for the purpose of gathering information on energy resources and only if such activity is carried out with the least damage to surrounding areas. Surveys shall be conducted only in accordance with a program approved by the DENR, and the result of such surveys shall be made available to the public and submitted to the President for recommendation to Congress. Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only through a law passed by Congress. SECTION 15. Areas Under the Management of Other Departments and Government Instrumentalities. - Should there be protected areas, or portions thereof, under the jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of this Act, remain in the said department or government instrumentality; Provided, That the department or government instrumentality exercising administrative jurisdiction over said protected area or a portion thereof shall coordinate with the DENR in the preparation of its management plans, upon the effectivity of this Act.
h. Leavingininground exposed conditions depositing oror in unsanitary bodies of water; and refuse or debris, or i. Altering, removing destroying or defacing boundary marks or signs. SECTION 21. Penalties. - Whoever violates this Act or any rules and regulations issued by the Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of the offenses in the preceding section shall be fined in the amount of not less than Five thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the value of the thing damaged or imprisonment for not less than one (1) year but not more than six (6) years, or both, as determined by the court: Provided, that, if the area requires rehabilitation or restoration as determined by the court, the offender shall be required to restore or compensate for the restoration to the damages: Provided, further, that court shall order the eviction of the offender from the land and the forfeiture in favor of the Government of all minerals, timber or any species collected or removed including all equipment, devices and firearms used in connection therewith, and any construction or improvement made thereonby the offender. If the offender is an association or corporation, the president or
SECTION 16. Integrated Protected Areas Fund. - There is hereby established a trust fund to be known as Integrated Protected Areas (IPAS) Fund for purposes of financing projects of the System. The IPAS may solicit and receive donations, endowments, and grants in the form of contributions, and such endowment shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the Government or any political subdivision or instrumentality thereof. All incomes of generated of the System management wild florafrom and the faunaoperation shall accrue to the Fund or and may be utilized directly by the DENR for the above purpose. These incomes shall be derived from:
manager shall be directly responsible the DENR act of his and laborers: Provided, finally, thatforthe mayemployees impose administrative fines and penalties consistent with this Act. SECTION 22. Separability Clause. - If any part or section of this Act is declared unconstitutional, such declaration shall not affect the other parts or sections of this Act.
a. Taxes from the permitted sale and export offlora and fauna and other resources from protected areas; b. Proceeds from lease of multiple use areas; c. Contributions from industries and facilities directly benefiting from the protected area; and d. Such other fees and incomes derived from the operation of the protected area. Disbursements from the Funds shall be made solely for the protection, maintenance, administration, and management of the System, and duly approved projects endorsed by the PAMBs, in the amounts authorized by the DENR.
SECTION 23. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations inconsistent with any provisions of this Act shall be deemed repealed or modified accordingly. SECTION 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in two (2) newspapers of general circulation.
SECTION 17. Annual Report to Congress. - At the opening of each session of Congress, the DENR shall report to the President, for transmission to Congress, on the status of the System, regulation in force and other pertinent information, together with recommendations.
v R EPUBLIC ACT NO . 8371 IPRA INDIGENOUS RIGHT’S ACT
SECTION 18. Field Officers. - All officials, technical personnel and forest guards employed in the integrated protected area service or all persons deputized by the DENR, upon recommendation of the Management Board shall be considered as field officers and shall have the authority to investigate and search premises and buildings and make arrests in accordance with the rules on criminal procedure for the violation of laws and regulations relating to the protected areas. Persons arrested shall be brought to the nearest police precinct for investigation.
October 29, 1997 AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers from arresting any person in the act of violating said laws and regulations.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
SECTION 19. Special Prosecutors. - The Department of Justice shall designate special prosecutors to prosecute violations of laws, rules and regulations in protected areas.
CHAPTER I GENERAL PROVISIONS Section 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act of 1997." 68
c) Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law;
Section 2. Declaration of State Policies. - The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution:
d) Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands;
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development;
e) Communal Claims - refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory
b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain;
f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of
g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of all members of the ICCs/IPs to; be determined in
national laws and policies; d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinctions or discriminations;
accordance with their respective customary lawsand and coercion, practices, and free from any external manipulation, interference obtained after fully disclosing the intent and scope of the activity, in a language an process understandable to the community; h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or homogenous societies identified by selfascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, nonindigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of nonindigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population and f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities. Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, into to consideration their customs, traditions, values, beliefs,taking their rights their ancestral domains.
resettled outside their ancestral domains; i) Indigenous Political Structure - refer to organizational and cultural leadership systems, institutions, relationships, patterns and processed for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or any other tribunal or body of similar nature;
CHAPTER II DEFINITION OF TERMS Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean: a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;
j) Individual Claims - refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots; k) National Commission on Indigenous Peoples (NCIP) - refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs; l) Native Title - refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest; m) Nongovernment Organization - refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;
n) People's Organization - refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs; o) Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs to sustainably use,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in 69
accordance with their indigenous knowledge, beliefs, systems and practices; and
cease to exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed:
p) Time Immemorial - refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.
e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and organizations into the domains;
CHAPTER III RIGHTS TO ANCESTRAL DOMAINS
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space;
Section 4. Concept of Ancestral Lands/Domains. - Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area which the ICCs/IPs possess, occupy and use and to which they have claims of ownership.
g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral domains which have been reserved for various purposes, except those reserved and intended for common and public welfare and service; and
Section 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.
h. Right to Resolve Conflict. laws - Right land conflicts accordance with customary of to theresolve area where the landin is located, and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.
Section 6. Composition of Ancestral Lands/Domains. - Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
a. Right to transfer land/property. - Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned.
Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the ICCs/IPs, to their ancestral lands shall be recognized and protected.
Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/IPs t their ancestral domains shall be recognized and protected. Such rights shall include:
b. Right to Redemption. - In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs,or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer.
a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains; b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they sustain as a result of the project; and the right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights;
Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves; b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and c. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. Section 10. Unauthorized and Unlawful Intrusion. - Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs.
c. Right to Stay in the Territories- The right to stay in the territory and not be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to exist. When such return is not possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and legal status at least equal to that of the land previously occupied by them, suitable to provide for their present needs and future development. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury;
Section 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated. Section 12. Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land Registration Act 496. - Individual members of cultural communities, with respect to individually-owned ancestral lands who, by themselves or through their predecessors-in -interest, have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure
d. Right in Case of Displacement. - In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined: Provided, further, That should their ancestral domain 70
title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.
the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law, the State shall, with due recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of the society. Accordingly, the State shall likewise ensure that the employment of any form of force of coersion against ICCs/IPs shall be dealt with by law.
For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural lands. The option granted under this Section shall be exercised within twenty (20) years from the approval of this Act.
The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous women. Towards this end, no provision in this Act shall be interpreted so as to result in the diminution of rights and privileges already recognized and accorded to women under existing laws of
CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Section 13. Self-Governance. - The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity their guarantee values, practices institutions. Consequently, the Stateof shall the rightand of ICCs/IPs to freely pursue their economic, social and cultural development.
general application. Section 22. Rights during Armed Conflict. - ICCs/IPs have the right to special protection and security in periods of armed conflict. The State shall observe international standards, in particular, the Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency and armed conflict, and shall not recruit members of the ICCs/IPs against their will into armed forces, and in particular, for the use against other ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under any circumstance; nor force indigenous individuals to abandon their lands, territories and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
Section 14. Support for Autonomous Regions. - The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use the form and content of their ways of life as may be compatible with the fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recognized human rights. Section 15. Justice System, Conflict Resolution Institutions and Peace Building Processes. - The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights.
Section 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment. - It shall be the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities as other occupationally-related benefits, informed of their rights under existing labor legislation and of means available to them for redress, not subject to any coercive
Section 16. Right to Participate in Decision -Making. - ICCs/IPs have the right to participate fully, ifmay theyaffect so choose, at all levels decision-making in matters which their rights, lives of and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils.
recruitment systems, including bonded labor and other formsand of debt servitude; and equal treatment in employment for men women, including the protection from sexual harassment. Towards this end, the State shall within the framework of national laws and regulations, and in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities, to the extent that they are not effectively protected by the laws applicable to workers in general.
Section 17. Right to Determine and Decide Priorities for Development. - The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the formulation,implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect them.
ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers' conditions. They shall likewise have the right not to be subject to working conditions hazardous to their health, particularly through exposure to pesticides and other toxic substances.
Section 18. Tribal Barangays. - The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay in accordance with the Local Government Code on the creation of tribal barangays.
Section 24. Unlawful Acts Pertaining to Employment. - It shall be unlawful for any person: a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and
Section 19. Role of Peoples Organizations. - The State shall recognize and respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and collective interests and aspirations through peaceful and lawful means.
b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.
Section 20. Means for Development /Empowerment of ICCs/IPs. The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed therefor.
Section 25. Basic Services. - The ICC/IP have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security. Particular attention shall be paid to the rights and special needs of indigenous women, elderly, youth, children and differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government 's basic services which shall include, but not limited to water and electrical facilities, education, health and infrastructure.
CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS Section 21. Equal Protection and Non-discrimination of ICCs/IPs. Consistent with the equal protection clause of the Constitution of the Republic of the Philippines, the Charter of the United Nations, 71
Section 26. Women. - ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of life. The participation of indigenous women in the decision-making process in all levels, as well as in the development of society, shall be given due respect and recognition.
a. Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and b. Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.
The State shall provide full access to education, maternal and child care, health and nutrition, and housing services to indigenous women. Vocational, technical, professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life. As far as possible, the State shall ensure that indigenous women have access to all services in their own languages.
Section 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. - ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital
Section 27. Children and Youth. - The State shall recognize the vital role of the children and youth of ICCs/IPs in nation-building and shall promote and protect their physical, moral, spiritual, moral, spiritual, andgovernment social well-being. Towards this end, the State shallintellectual support all programs intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of the indigenous children and youth.
medicinaland plants, animals and minerals, indigenous systems practices, knowledge of the properties of knowledge fauna and flora, oral traditions, literature, designs, and visual and performing arts. Section 35. Access to Biological and Genetic Resources. - Access to biological and genetic resources and to indigenous knowledge related to the conservation, utilization and enhancement of these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities, obtained in accordance with customary laws of the concerned community.
Section 28. Integrated System of Education. - The State shall, through the NCIP, provide a complete, adequate and integrated system of education, relevant to the needs of the children and Young people of ICCs/IPs. CHAPTER VI CULTURAL INTEGRITY
Section 36. Sustainable Agro-Technical Development. - The State shall recognize the right of ICCs/IPs to a sustainable agrotechnological development and shall formulate and implement programs of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs.
Section 29. Protection of Indigenous Culture, traditions and institutions. - The state shall respect, recognize and protect the right of the ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation of national plans and policies. Section 30. Educational Systems. - The State shall provide equal access to varioussystem, culturalpublic opportunities to the ICCs/IPs through the educational or cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State.
Section 37.shall Funds for the Archeological and Historical Sites. - The ICCs/IPs have right to receive from the national government all funds especially earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies. CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
Section 31. Recognition of Cultural Diversity. - The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education, public information and culturaleducational exchange. Consequently, the State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society. Furthermore, the Government shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values.
Section 38. National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP). - to carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto. Section 39. Mandate. - The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions. Section 40. Composition. - The NCIP shall be an independent agency under the Office of the President and shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That at least two (2) of the seven (7) Commissioners shall be women.
Section 32. Community Intellectual Rights. - ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs. Section 33. Rights to Religious, Cultural Sites and Ceremonies. ICCs/IPs shall have the right to manifest, practice, develop teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right to use and control of ceremonial object; and the right to the repatriation of human remains. Accordingly, the State shall take effective measures, in cooperation with the burial sites, be preserved, respected and protected. To achieve this purpose, it shall be unlawful to:
Section 41. Qualifications, Tenure, Compensation. - The Chairperson and the six (6) Commissioners must be natural born Filipino citizens, bonafide members of ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked 72
for at least ten (10) years with an ICC/IP community and/or any government agency involved in ICC/IP, at least 35 years of age at the time of appointment, and must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7) Commissioners shall be the members of the Philippine Bar: Provided, further, That the members of the NCIP shall hold office for a period of three (3) years, and may be subject to reappointment for another term: Provided, furthermore, That no person shall serve for more than two (2) terms. Appointment to any vacancy shall only be for the unexpired term of the predecessor and in no case shall a member be appointed or designated in a temporary or acting capacity: Provided, finally, That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law.
private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned; n) To decide all appeals from the decisions and acts of all the various offices within the Commission: o) To promulgate the necessary rules and regulations for the implementation of this Act; p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.
Section 42. Removal from Office. - Any member of the NCIP may be removed from office by the President, on his own initiative or upon recommendation by any indigenous community, before the expiration of his term for cause and after complying with due process requirement of law. Section 43. Appointment of Commissioners. - The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act.
Section 45.asAccessibility and Transparency. - Subject to such limitations may be provided by law or by rules and regulations promulgated pursuant thereto, all official records, documents and papers pertaining to official acts, transactions or decisions, as well as research data used as basis for policy development of the Commission shall be made accessible to the public.
Section 44. Powers and Functions. - To accomplish its mandate, the NCIP shall have the following powers, jurisdiction and function:
Section 46. Officers within the NCIP. - The NCIP shall have the following offices which shall be responsible for the implementation of the policies herein after provided:
a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, thorough which such assistance may be extended;
a. Ancestral Domains Office - The Ancestral Domain Office shall be responsible for the identification, delineation and recognition of ancestral land/domains. It shall also be responsible for the management of ancestral lands/domains in accordance with the master plans as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. It shall also issue, upon the free and prior informed consent of the ICCs/IPs concerned, certification prior to the grant of any license, lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall likewise perform such other functions
b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development; c) To formulate and implement policies, plans, programs and projects for the economic, social and cultural development of the ICCs/IPs and to monitor the implementation thereof;
as the Commission may deem appropriate and necessary; b. Office on Policy, Planning and Research - The Office on Policy, Planning and Research shall be responsible for the formulation of appropriate policies and programs for ICCs/IPs such as, but not limited to, the development of a Five-Year Master Plan for the ICCs/IPs. Such plan shall undergo a process such that every five years, the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. The Office shall also undertake the documentation of customary law and shall establish and maintain a Research Center that would serve as a depository of ethnographic information for monitoring, evaluation and policy formulation. It shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting ICCs/IPs.
d) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be required in the pursuit of its objectives; e) To issue certificate of ancestral land/domain title; f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the objectives of this Act, and subject to the approval of the President, to obtain loans from government lending institutions and other lending institutions to finance its programs; g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from whatever source, local and international, subject to the approval of the President of the Philippines, for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the absence of any condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;
c. Office of Education, Culture and Health - The Office on Culture, Education and Health shall be responsible for the effective implementation of the education, cultural and related rights as provided in this Act. It shall assist, promote and support community schools, both formal and non-formal, for the benefit of the local indigenous community, especially in areas where existing educational facilities are not accessible to members of the indigenous group. It shall administer all scholarship programs and other educational rights intended for ICC/IP beneficiaries in coordination with the Department of Education, Culture and Sports and the Commission on Higher Education. It shall undertake, within the limits of available appropriation, a special program which includes language and vocational training, public health and family assistance program and related subjects.
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof; i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans; j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within sixty (60) days after the close of each calendar year, a report of its operations and achievements;
It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them to enroll in schools of medicine, nursing, physical therapy and other allied courses pertaining to the health profession.
k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act; l) To prepare and submit the appropriate budget to the Office of the President;
Towards this end, the NCIP shall deploy a representative in each of the said offices who shall personally perform the foregoing task and who shall receive complaints from the ICCs/IPs and compel action from appropriate agency. It shall also monitor the activities of the National Museum and other similar government agencies generally intended to manage and preserve historical and
m) To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management and appropriation by any 73
archeological artifacts of the ICCs /IPs and shall be responsible for the implementation of such other functions as the NCIP may deem appropriate and necessary;
traditionally had access for their subsistence and traditional activities, particularly of ICCs/IPs who are still nomadic and/or shifting cultivators.
d. Office on Socio-Economic Services and Special Concerns - The Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socio-economic services, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. It shall also be responsible for such other functions as the NCIP may deem appropriate and necessary;
Section 52. Delineation Process. - The identification and delineation of ancestral domains shall be done in accordance with the following procedures: a. Ancestral Domains Delineated Prior to this Act - The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law. ICCs/IPs enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined hereunder;
e. Office of Empowerment and Human Rights - The Office of Empowerment and Human Rights shall ensure that indigenous socio- political, cultural and economic rights are respected and recognized. It shall ensure that capacity building mechanisms are instituted ICCs/IPsinare every opportunity, if they so choose, to and participate all afforded level decision-making. It shall likewise ensure that the basic human rights, and such other rights as the NCIP may determine, subject to existing laws, rules and regulations are protected and promoted;
b. Petition may for Delineation Thethe process delineating a specific perimeter be initiated- by NCIPofwith the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;
f. Administrative Office - The Administrative Office shall provide the NCIP with economical, efficient and effective services pertaining to personnel, finance, records, equipment, security, supplies, and related services. It shall also administer the Ancestral Domains Fund; and
c. Delineation Paper - The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. Delineation will be done in coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned;
g. Legal Affairs Office - There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.
d. Proof required - Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath, and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents: 1. Written accounts of the ICCs/IPs customs and traditions;
Section additional 47. Other offices Offices.as- it Themay NCIP shallnecessary have the subject power to to create deem existing rules and regulations.
2. Written accounts of the ICCs/IPs political structure and institution; 3. Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;
Section 48. Regional and Field Offices. - Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. Other field office shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but without field offices, the NCIP shall establish field offices in said provinces.
4. Historical accounts, including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs; 5. Survey plans and sketch maps;
Section 49. Office of the Executive Director. - The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. The office shall be headed by an Executive Director who shall be appointed by the President of the Republic of the Philippines upon the recommendation of the NCIP on a permanent basis. The staffing pattern of the office shall be determined by the NCIP subject to existing rules and regulations.
6. Anthropological data; 7. Genealogical surveys; 8. Pictures and descriptive histories of traditional communal forests and hunting grounds; 9. Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; and
Section 50. Consultative Body. - A body consisting of the traditional leaders, elders and representatives from the women and youth sectors of the different ICCs/IPs shall be constituted by the NCIP from the time to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs.
10. Write-ups of names and places derived from the native dialect of the community. e. Preparation of Maps - On the basis of such investigation and the findings of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein;
CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Section 51. Delineation and Recognition of Ancestral Domains. Self-delineation shall be guiding principle in the identification and delineation of ancestral domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to the determination of these traditional territories. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. Measures shall be taken in appropriate cases to safeguard the rights of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they have
f. Report of Investigation and Other Documents - A complete copy of the preliminary census and a report of investigation, shall be prepared by the Ancestral Domains Office of the NCIP; g. Notice and Publication - A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial and regional offices of the NCIP, and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition 74
thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not available;
in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available
h. Endorsement to NCIP - Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided, further, That in case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP: Provided,
f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area being claimed. The Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. In case of rejection, the Ancestral Domains office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In case of conflicting claims among individual or indigenous corporate claimants, the Ancestral domains Office shall
furthermore, That inOffice casesshall where therethe arecontending conflictingparties claims,tothe Ancestral Domains cause meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to the selection below.
causeathe contending parties toofmeet assistwithout them inprejudice coming up with preliminary resolution the and conflict, to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or delineation of the ancestral domains as herein provided, the Director of Lands shall represent the interest of the Republic of the Philippines; and
i. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies - The Chairperson of the NCIP shall certify that the area covered is an ancestral domain. The secretaries of the Department of Agrarian Reform, Department of Environment and Natural Resources, Department of the Interior and Local Government, and Department of Justice, the Commissioner of the National Development Corporation, and any other government agency claiming jurisdiction over the area shall be notified thereof. Such notification shall terminate any legal basis for the jurisdiction previously claimed;
g. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP, which shall, in turn, evaluate or corporate (family or clan) claimant over ancestral lands. Section 54. Fraudulent Claims. - The Ancestral Domains Office may, upon written request from the ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community. Any claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned.
j. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned, containing a list of all those identified in the census; and
Section 55. Communal Rights. - Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held: Provide, That communal rights
k. Registration of CADTs - The shall register issued certificates of ancestral domain titlesNCIP and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated.
under this Act not be construed as co-ownership as provided in Republic Act.shall No. 386, otherwise known as the New Civil Code. Section 56. Existing Property Rights Regimes. - Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected.
Section 53. Identification, Delineation and Certification of Ancestral Lands. -
Section 57. Natural Resources within Ancestral Domains. - The ICCs/IPs shall have the priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation: Provided, finally, That the all extractions shall be used to facilitate the development and improvement of the ancestral domains.
a. The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions; b. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains, may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. An individual or recognized head of a family or clan may file such application in his behalf or in behalf of his family or clan, respectively;
Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which are found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of the government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its customary laws without prejudice to the basic requirement of the existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent.
c. Proofs of such claims shall accompany the application form which shall include the testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of owners which shall be any of the authentic documents enumerated under Sec. 52 (d) of this act, including tax declarations and proofs of payment of taxes; d. The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents, Sworn Statements and the like, which in its opinion, may shed light on the veracity of the contents of the application/claim; e. Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral Domains Office shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional offices of the NCIP and shall be published
Section 59. Certification Precondition. - all department and other governmental agencies shall henceforth be strictly enjoined from 75
issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certificate shall only be issued after a field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided, That no certificate shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is pending application CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.
dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP. Section 67. Appeals to the Court of Appeals. - Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review. Section 68. Execution of Decisions, Awards, Orders. - Upon expiration of the period here provided and no appeal is perfected by any of the contending parties, the Hearing Officer of the NCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions, orders or awards of the Regional
Section 60. Exemption from Taxes. - All lands certified to be ancestral domains shall be exempt from real property taxes, specially levies, and other forms of exaction except such portion of the ancestral domains forest as are actuallyandused for large-scale agriculture, commercial plantation residential purposes and upon titling by other by private person: Provided, that all exactions shall be used to facilitate the development and improvement of the ancestral domains.
Hearing Officer of the NCIP. Section 69. Quasi-Judicial Powers of the NCIP. - The NCIP shall have the power and authority: a. To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Act;
Section 61. Temporary Requisition Powers. - Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case beyond three (3) years after its creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources (DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of Agreement (MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommodate any such request within one (1) month of its issuance: Provided, That the Memorandum of Agreement shall stipulate, among others, a provision for technology transfer to the NCIP.
b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, agreements and other document of similar nature as may be material to a just determination of the matter under investigation or hearing conducted in pursuance of this Act; c. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and
Section 62. Resolution of Conflicts. - In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which cannot be
d. To enjoin any or all acts involving or arising from any case pending therefore it which, if not restrained forthwith, may cause
resolved,the thedisputes NCIP shall hearfrom and decide, after notice to theancestral proper parties, arising the delineation of such domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided, further, That in any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof.
grave or affect irreparable to any of the parties to the case or seriously social damage or economic activity.
Section 63. Applicable Laws. - Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights, claims and ownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application of laws shall be resolved in favor of the ICCs/IPs.
Section 71. Ancestral Domains Fund. - There is hereby created a special fund, to be known as the Ancestral Domains Fund, an initial amount of the One Hundred thirty million pesos(P130,000,000) to cover compensation for expropriated lands, delineation and development of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation, Ten millions pesos (P10,000,000) from the gross receipts of the travel tax of the preceding year, the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains, and such other source as the government may be deem appropriate. Thereafter such amount shall be included in the annual General Appropriations Act. Foreign as well as local funds which are made available for the ICCs/IPs through the government of the Philippines shall be coursed through the NCIP. The NCIP may also solicit and receive donations, endowments shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the government or any political subdivision or instrumentality thereof.
Section 70. No restraining Order or Preliminary Injunction. - No inferior court of the Philippines shall have the jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any of its duly authorized or designated offices in any case, dispute or controversy to, or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains. CHAPTER X ANCESTRAL DOMAINS FUND
Section 64. Remedial Measures. - Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the "common good". The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally, That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws. CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
CHAPTER XI PENALTIES
Section 65. Primary of Customary Laws and Practices. - When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.
Section 72. Punishable Acts and Applicable Penalties. - Any person who commits violation of any of the provisions of this Act, such as, but not limited to, authorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in
Section 66. Jurisdiction of the NCIP. - The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs; Provided, however, That no such 76
accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act.
appointment to be prepared by the consultative body and by the pertinent provisions of the civil service law. CHAPTER XIII FINAL PROVISIONS Section 78. Special Provision. - The City of Baguio shall remain to be governed by its Chapter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation: Provided, That prior land rights and titles recognized and/or required through any judicial, administrative or other processes before the effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act.
Section 73. Persons Subject to Punishment. - If the offender is a juridical person, all officers such as, but not limited to, its president, manager, or head of office responsible for their unlawful
Section 79. Appropriations. - The amount necessary to finance the initial implementation of this Act shall be charged against the
act shall beof criminally therefor, in addition to the cancellation certificates liable of their registration and/or license: Provided, That if the offender is a public official, the penalty shall include perpetual disqualification to hold public office.
current year's ONCC for anditsthe OSCC. Thereafter, suchappropriation sums as mayofbethe necessary continued implementation shall be included in the annual General Appropriations Act.
CHAPTER XII MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC)
Section 80. Implementing Rules and Regulations. - Within sixty (60) days immediately after appointment, the NCIP shall issue the necessary rules and regulations, in consultation with the Committees on National Cultural Communities of the House of Representatives and the Senate, for the effective implementation of this Act.
Section 74. Merger of ONCC/OSCC. - The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic offices of the NCIP and shall continue to function under a revitalized and strengthened structures to achieve the objectives of the NCIP: Provided, That the positions of Regional Directors and below, are hereby phased-out upon the effectivity of this Act: Provided, further, That officials and employees of the phased-out offices who may be qualified may apply for reappointment with the NCIP and may be given prior rights in the filing up of the newly created positions of NCIP, subject to the qualifications set by the
Section 81. Saving Clause. - This Act will not in any manner adversely affect the rights and benefits of the ICCs/IPs under other conventions, recommendations, international treaties, national laws, awards, customs and agreements. Section 82. Separability Clause. - In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby. Section 83. Repealing Clause. - Presidential Decree NO. 410,
Placement Committee:person Provided, Thatperson in thewith case where an indigenous and afurthermore, non-indigenous similar qualifications apply for the same position, priority shall be given to the former. Officers and employees who are to be phasedout as a result of the merger of their offices shall be entitled to gratuity a rate equivalent to one and a half (1 1/2) months salary for every year of continuous and satisfactory service rendered or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received. If they are already entitled to retirement benefits or the gratuity herein provided. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity received: Provided, finally That absorbed personnel must still meet the qualifications and standards set by the Civil Service and the Placement Committee herein created.
Executive Order 122-B and and all inconsistent other laws, decrees, orders, rules andNos. regulations or 122-C, parts thereof with this Act are hereby repealed or modified accordingly. Section 84. Effectivity. - This Act shall take effect fifteen days (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved: 29 October 1997. vi
PRESIDENTIAL DECREE No. 1529 AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES
Section 75. Transition Period. - The ONCC/OSCC shall have a period of six (6) months from the effectivity of this Act within which to wind up its affairs and to conduct audit of its finances.
WHEREAS, there is a need to update the Land Registration Act and to codify the various laws relative to registration of property, in order to facilitate effective implementation of said laws;
Section 76. Transfer of Assets/Properties. - All real and personal properties which are vested in, or belonging to, the merged offices as aforestated shall be transferred to the NCIP without further need of conveyance, transfer or assignment and shall be held for the same purpose as they were held by the former offices: Provided, That all contracts, records and documents shall be transferred to the NCIP. All agreements and contracts entered into by the merged offices shall remain in full force and effect unless otherwise terminated, modified or amended by the NCIP.
WHEREAS, to strengthen the Torrens system, it is deemed necessary to adopt safeguardsand to prevent titling of real property, and to streamline simplifyanomalous registration proceedings and the issuance of certificates of title; WHEREAS, the decrees promulgated relative to the registration of certificates of land transfer and emancipation patents issued pursuant to Presidential Decree No. 27 to hasten the implementation of the land reform program of the country form an integral part of the property registration laws;
Section 77. Placement Committee. - Subject to rules on government reorganization, a Placement Committee shall be created by the NCIP, in coordination with the Civil Service Commission, which shall assist in the judicious selection and placement of personnel in order that the best qualified and most deserving persons shall be appointed in the reorganized agency. The placement Committee shall be composed of seven (7) commissioners and an ICCs/IPs representative from each of the first and second level employees association in the Offices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served the community for at least five (5) years and peoples organizations (POs) with at least five (5) years of existence. They shall be guided by the criteria of retention and
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the following: CHAPTER I GENERAL PROVISIONS Section 1. Title of Decree. This Decree shall be known as the PROPERTY REGISTRATION DECREE. 77
Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system.
All officials and employees of the Commission except Registers of Deeds shall be appointed by the Secretary of Justice upon recommendation of the Commissioner of Land Registration.
Courts of First Instance shall have exclusive jurisdiction over all applications for srcinal registration of title to lands, including improvements and interests therein, and over all petitions filed after srcinal registration of title, with power to hear and determine all questions arising upon such applications or petitions. The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five days from the filing or issuance thereof.
Section 6. General Functions. (1) The Commissioner of Land Registration shall have the following functions: (a) Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Registers of Deeds of the corresponding certificates of title; (b) Exercise supervision and control over all Registers of Deeds and other personnel of the Commission;
Section 3. Status of other pre-existing land registration system. The system of registration under the Spanish Mortgage Law is hereby
(c) Resolve cases elevated en consulta by, or on appeal from
discontinued and lands title recorded under said system which are not yet covered by all Torrens shall be considered as unregistered lands.
decision of, Registers of Deeds; (d) Exercise executive supervision over all clerks of court and personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands;
Hereafter, all instruments affecting lands srcinally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree, until the land shall have been brought under the operation of the Torrens system.
(e) Implement all orders, decisions, and decrees promulgated relative to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations therefor;
The books of registration for unregistered lands provided under Section 194 of the Revised Administrative Code, as amended by Act No. 3344, shall continue to remain in force; provided, that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree. CHAPTER II THE LAND REGISTRATION REGISTRIES OF DEEDS
COMMISSION
AND
(f) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans of properties titled under Act No. 496 except those covered by P.D. No. 957.
ITS
(2) The Land Registration Commission shall have the following functions:
Section 4. Land Registration Commission. In order to have a more efficient execution of the laws relative to the registration of lands, geared to the massive and accelerated land reform and social
(a) Extend speedy and effective assistance to the Department of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government;
justice programasof the the government, there isCommission created a commission to be known Land Registration under the executive supervision of the Department of Justice.
(b) Extend assistance to courts in ordinary and cadastral land registration proceedings;
Section 5. Officials and employees of the Commission. The Land Registration Commission shall have a chief and an assistant chief to be known, respectively, as the Commissioner and the Deputy Commissioner of Land Registration who shall be appointed by the President. The Commissioner shall be duly qualified member of the Philippine Bar with at least ten years of practice in the legal profession, and shall have the same rank, compensation and privileges as those of a Judge of the Court of First Instance. The Deputy Commissioner, who shall possess the same qualifications as those required of the Commissioner, shall receive compensation which shall be three thousand pesos per annum less than that of the Commissioner. He shall act as Commissioner of Land Registration during the absence or disability of the Commissioner and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law. The Deputy Commissioner shall also perform such other functions as the Commissioner may assign to him.
(c) Be the central repository of records relative to srcinal registration of lands titled under the Torrens system, including subdivision and consolidation plans of titled lands. Section 7. Office of the Register of Deeds. There shall be at least one Register of Deeds for each province and one for each city. Every Registry with a yearly average collection of more than sixty thousand pesos during the last three years shall have one Deputy Register of Deeds, and every Registry with a yearly average collection of more than three hundred thousand pesos during the last three years, shall have one Deputy Register of Deeds and one second Deputy Register of Deeds. The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the Commissioner of Land Registration, with the end in view of making every registry easily accessible to the people of the neighboring municipalities.
They shall be assisted by such number of division chiefs as may be necessary in the interest of the functioning of the Commission, by a Special Assistant to the Commissioner, and by a Chief Geodetic Engineer who shall each receive compensation at the rate of three thousand four hundred pesos per annum less than that of the Deputy Commissioner.
The province or city shall furnish a suitable space or building for the office of the Register of Deeds until such time as the same could be furnished out of national funds. Section 8. Appointment of Registers of Deeds and their Deputies and other subordinate personnel; salaries. Registers of Deeds shall be appointed by the President of the Philippines upon recommendation of the Secretary of Justice. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the Commissioner of Land Registration.
All other officials and employees of the Land Registration Commission including those of the Registries of Deeds whose salaries are not herein provided, shall receive salaries corresponding to the minimum of their respective upgraded ranges as provided under paragraph 3.1 of Budget Circular No. 273, plus sixty per centum thereof across the board, notwithstanding the maximum salary allowed for their respective civil service eligibilities.
The salaries of Registers of Deeds and their Deputies shall be at the following rates:
The salaries of officials and employees provided in this Decree shall be without prejudice to such benefits and adjustments as may from time to time be granted by the President or by the legislature to government employees.
(1) First Class Registries The salaries of Registers of Deeds in first class Registries shall be three thousand four hundred pesos per annum less than that of the Deputy Commissioner. 78
regular Register of Deeds for the new province or city, the Register of Deeds of the mother province or city shall be the ex-officio Register of Deeds for said new province or city.
(2) Second Class Registries The salaries of Registers of Deeds in second class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in first class Registries.
Section 12. Owner's Index; reports. There shall be prepared in every Registry an index system which shall contain the names of all registered owners alphabetically arranged. For this purpose, an index card which shall be prepared in the name of each registered owner which shall contain a list of all lands registered in his name.
(3) Third Class Registries The salaries of Registers of Deeds in third class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in second class Registries. (4) The salaries of Deputy Registers of Deeds and Second Deputy Registers of Deeds shall be three thousand four hundred pesos per annum less than those of their corresponding Registers of Deeds and Deputy Registers of Deeds, respectively.
The Register of Deeds shall submit to the Land Registration Commission within ten days after the month to which they pertain his monthly reports on collections and accomplishments. He shall also submit to the Commission at the end of December of each year, an annual inventory of all titles and instruments in his Registry.
The Secretary of Justice, upon recommendation of the Commissioner of Land Registration, shall cause the reclassification of Registries based either on work load or the class of
Section 13. Chief Geodetic Engineer. There shall be a Chief
province/city, whichever will resultin inaccordance a higher classification, for purposes of salary adjustments with the rates hereinabove provided.
Geodetic Engineer in the Registration who shall be the technical adviser of Land the Commission onCommission all matters involving surveys and shall be responsible to him for all plats, plans and works requiring the services of a geodetic engineer in said office. He shall perform such other functions as may, from time to time, be assigned to him by the Commissioner.
Section 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds. No person shall be appointed Register of Deeds unless he has been admitted to the practice of law in the Philippines and shall have been actually engaged in such practice for at least three years or has been employed for a like period in any branch of government the functions of which include the registration of property.
CHAPTER III ORIGINAL REGISTRATION I ORDINARY REGISTRATION PROCEEDINGS
The Deputy Register of Deeds shall be a member of the Philippine Bar. Provided, however, that no Register of Deeds or Deputy Register of Deeds holding office as such upon the passage of this Decree shall by reason hereof, be removed from office or be demoted to a lower category or scale of salary except for cause and upon compliance with due process as provided for by law.
A. APPLICATIONS Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
Section 10. General functions of Registers of Deeds. The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel
(1) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious
mortgages in the province or city wherein such office is situated. It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree.
possession andunder occupation alienable and disposable lands of the public domain a bonaoffide claim of ownership since June 12, 1945, or earlier. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law.
Section 11. Discharge of duties of Register of Deeds in case of vacancy, etc.
Where the land is owned in common, all the co-owners shall file the application jointly.
(1) Until a regular Register of Deeds shall have been appointed for a province or city, or in case of vacancy in the office, or upon the occasion of the absence, illness, suspension, or inability of the Register of Deeds to discharge his duties, said duties shall be performed by the following officials, in the order in which they are mentioned below, unless the Secretary of Justice designates another official to act temporarily in his place:
Where the land has been sold under pacto de retro, the vendor a retro may file an application for the srcinal registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings.
(a) For the province or city where there is a Deputy Register of Deeds, by said Deputy Register of Deeds, or by the second Deputy Register of Deeds, should there be one;
A trustee on behalf of his principal may apply for srcinal registration of any land held in trust by him, unless prohibited by the instrument creating the trust.
(b) For the province or city where there is no Deputy or second Deputy Register of Deeds, by the Provincial or City Fiscal, or any Assistant Fiscal designated by the Provincial or City Fiscal;
Section 15. Form and contents. The application for land registration shall be in writing, signed by the application or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. The application shall contain a description of the land and shall state the citizenship and civil status of the applicant, whether single or married, and, if married, the name of the wife or husband, and, if the marriage has been legally dissolved, when and how the marriage relation terminated. It shall also state the full names and addresses of all occupants of the land and those of the
(2) In case of absence, disability or suspension of the Register of Deeds without pay, or in case of vacancy in the position, the Secretary of Justice may, in his discretion, authorize the payment of an additional compensation to the official acting as Register of Deeds, such additional compensation together with his actual salary not to exceed the salary authorized for the position thus filled by him. (3) In case of a newly-created province or city and pending establishment of a Registry of Deeds and the appointment of a 79
adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them.
________________________________________ ___________________________
The application, shall, in form, be substantially as follows:
10. That the following documents are attached hereto and made a part hereof: ___________________________________ ________________________________ Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred and ______________________.
Republic of the Philippines Court of First Instance of _________________
The undersigned, ______________________________________________ ______________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and
__________________________ Applicant
confirmed: AND DECLARE . . . . .
_________________________ (Post Office Address)
1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:_______________________________________ ___________________________ which is/are the property of _________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:_______________________________________ ____________________________
REPUBLIC OF THE PHILIPPINES PROVINCE (OR CITY) OF _______________
On this _______________ day of _________________________,19 ________ personally appeared before me the abovenamed ______________________________________________ ____ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.
2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings and other improvements at P ___________, Philippine currency. 3. That to or theencumbrance best of my/our and belief, affecting there is no mortgage of knowledge any kind whatsoever said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: ______________________________________________ _________________________________
The Residence Certificate/s ______________________ the applicant/s ______________ was/were exhibited to meof being No. _________________ issued at ___________________ dated ____________, 19 __________.
4. That the applicant/s has/have acquired said land in the following manner: ________________________________ ________________________
(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)
(Notary Public, or other Officer authorized to administer oaths)
5. That said land is occupied by the following person: _____________________________ ______________________________________________
PTR NO. _________________
6. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: ______________________________________________ __________________________________________
Section 16. Non-resident applicant. If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application.
7. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)_____________________________________ ____________________________ _____________________ 8. That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows: ______________________________________________ _____________________
Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all srcinal muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.
9. That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.)
The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. 80
notice of initial hearing to be mailed to the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, as the case may be, in which the land lies.
Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application.
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Public Works, the Director of Forest Development, the Director of Mines and the Director of Fisheries and Aquatic Resources. If the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, as may be appropriate.
Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms. Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an srcinal application. Section 20.describes When land applied for borders road. If the application the land as bounded by a on public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.
3. By posting. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, fourteen days at least before the date of initial hearing.
Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. It may also conduct an ocular inspection, if necessary.
The court may also cause notice to be served to such other persons and in such manner as it may deem proper.
Section 22. Dealings with land pending srcinal registration. After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court, after notice to the parties, shall order such land registered subject to the conveyance or encumbrance created by said instruments, or order that the
The notice of initial hearing shall, in form, be substantially as follows:
(Caption and Title)
decree of registration issued in of the person to whom the property has been be conveyed bythe saidname instruments.
NOTICE OF INITIAL HEARING
B. PUBLICATION, OPPOSITION AND DEFAULT To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known, and to all whom it may concern):
Section 23. Notice of initial hearing, publication, etc. The court shall, within five days from filing of the application, issue an order setting the date and hour of the initial hearing which shall not be earlier than forty-five days nor later than ninety days from the date of the order.
An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the registration and confirmation (or for the settlement and adjudication, in case of petition in cadastral proceedings) of title to the following described lands:
The public shall be given notice of the initial hearing of the application for land registration by means of (1) publication; (2) mailing; and (3) posting. 1. By publication.
(Insert description) Upon receipt of the order of the court setting the time for initial hearing, the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided, however, that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the court. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known, and "to all whom it may concern". Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted.
You are hereby served this notice to appear before this Court at its session to be held at _________________ on the ______________ day of _______________, 19 ______, at _____________ o'clock in the _________ then and there to present such claims as you may have to said lands or any portion thereof, and to submit evidence in support of such claim; and unless you appear at said Court at the time and place aforesaid, your default will be recorded and the title to the lands will be adjudicated and determined in accordance with law and the evidence before the Court, and thereafter you will forever be barred from contesting said application (or petition) or any decree entered thereon.
2. By mailing. (a) Mailing of notice to persons named in the application. The Commissioner of Land Registration shall also, within seven days after publication of said notice in the Official Gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known.
Witness, the Hon. ________________________ Judge of the Court of First Instance of _______ this _______ day of _________________, in the year 19______.
Attest:
(b) Mailing of notice to the Secretary of Public Highways, the Provincial Governor and the Mayor. If the applicant requests to have the line of a public way or road determined, the Commissioner of Land Registration shall cause a copy of said
Commissioner of Land Registration
81
Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree.
Section 24. Proof of publication and notice. The certification of the Commissioner of Land Registration and of the sheriff concerned to the effect that the notice of initial hearing, as required by law, has been complied with shall be filed in the case before the date of initial hearing, and shall be conclusive proof of such fact. Section 25. Opposition to application in ordinary proceedings. Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some other duly authorized person.
The decree of registration shall bind the land and quiet title
If the opposition adverse claim of properly any person covers only a portion of the lot or andthe said portion is not delimited on the plan attached to the application, or in case of undivided coownership, conflicting claims of ownership or possession, or overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the Director of Lands.
thereto, such exceptions liensagainst as mayall be provided by law. subject It shallonly betoconclusive upon orand persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all whom it may concern".
Section 26. Order of default; effect. If no person appears and answers within the time allowed, the court shall, upon motion of the applicant, no reason to the contrary appearing, order a default to be recorded and require the applicant to present evidence. By the description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall be concluded by the default order.
Section 27. Speedy hearing; reference to a referee. The trial court
Section 32. Review of decree of registration; Innocent purchaser for value. The decree of registration shall not be reopened or revised by reason of absence, minority, or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversing judgments, subject, however, to the right of any person, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of such decree of registration, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein, whose rights may be prejudiced. Whenever the phrase "innocent purchaser for value" or an equivalent phrase
shall see to days it that allthe registration-proceedings arefordisposed within ninety from date the case is submitted decision, or
occurs mortgagee, in this Decree, it shall be deemedfor to value. include an innocent lessee, or other encumbrancer
The Court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear the parties and their evidence, and the referee shall submit his report thereon to the Court within fifteen days after the termination of such hearing. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties concerned. The court may render judgment in accordance with the report as though the facts have been found by the judge himself: Provided, however, that the court may in its discretion accept the report, or set it aside in whole or in part, or order the case to be recommitted for further proceedings:
Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud.
Section 28. Partial judgment. In a case where only a portion of the land subject of registration is contested, the court may render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court.
Section 34. Rules of procedure. The Rules of Court shall, insofar as not inconsistent with the provision of this Decree, be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.
Where an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer. C. HEARING JUDGMENT AND DECREE OF REGISTRATION
Section 33. Appeal from judgment, etc. The judgment and orders of the court hearing the land registration case are appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions:
II CADASTRAL REGISTRATION PROCEEDINGS
Section 29. Judgment confirming title. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof.
A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY; NOTICES Section 35. Cadastral Survey preparatory to filing of petition. (a) When in the opinion of the President of the Philippines public interest so requires that title to any unregistered lands be settled and adjudicated, he may to this end direct and order the Director of Lands to cause to be made a cadastral survey of the lands involved and the plans and technical description thereof prepared in due form.
Section 30. When judgment becomes final; duty to cause issuance of decree. The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.
(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest in the lands as well as to the general public, of the day on which such survey will begin, giving as fully and accurately as possible the description of the lands to be surveyed. Such notice shall be punished once in the Official Gazette, and a copy of the notice in English or the national language shall be posted in a conspicuous place on the bulletin board of the
After judgment has become final and executory, it shall devolve upon the court to forthwith issue an order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration. 82
municipal building of the municipality in which the lands or any portion thereof is situated. A copy of the notice shall also be sent to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.
if married, the name of the spouse and the date of marriage, his nationality, residence and postal address, and shall also contain: (a) The age of the claimant; (b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the case by the Director of Lands, or the block and lot numbers, as the case may be;
(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall give notice reasonably in advance of the date on which the survey of any portion of such lands is to begin, which notice shall be posted in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated, and shall mark the boundaries of the lands by monuments set up in proper places thereon. It shall be lawful for such Geodetic Engineers and other employees to enter upon the lands whenever necessary for the purposes of such survey or the placing of monuments.
(c) The name of the barrio and municipality in which the lots are situated; (d) The names and addresses of the owners of the adjoining lots so far as known to the claimant; (e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the government to him or to his predecessors-in-interest, the answer shall state the length of time
(d) It shall be the duty of every person claiming an interest in the landsGeodetic to be surveyed, or in any parcel thereof, to communicate with the Engineer upon his request therefor all information possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.
he has held the manner in as which it known, has been acquired, andsuch shallpossession also state and the length of time, far as during which the predecessors, if any, held possession;
(e) Any person who shall willfully obstruct the making of any survey undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the placing of any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land pursuant to law, shall be punished by a fine of not more than one thousand pesos or by imprisonment for not more than one year, or both.
(g) if the lots have been assessed for taxation, their last assessed value; and
(f) If the claimant is not in possession or occupation of the land, the answer shall fully set forth the interest claimed by him and the time and manner of his acquisition;
(h) The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as known.
B. PETITION; LOT NUMBERS
D. HEARING; JUDGMENT; DECREE
Section 36. Petition for registration. When the lands have been surveyed or plotted, the Director of Lands, represented by the Solicitor General, shall institute srcinal registration proceedings by filing the necessary petition in the Court of First Instance of the place where the land is situated against the holders, claimants, possessors, or occupants of such lands or any part thereof, stating
Section 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient place within the province in which the lands are situated and shall be conducted, and orders for default and confessions entered, in the same manner as in ordinary land registration proceedings and shall be governed by the same rules. All conflicting interests shall be adjudicated by the court and
in substance public interest requires thetitles titlebe toso such lands be settled andthat adjudicated and praying thatthat such settled and adjudicated:
decrees awarded favordecrees of the persons to for the issuance lands or to parts thereof andinsuch shall be entitled the basis of srcinal certificates of title in favor of said persons and shall have the same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings.
The petition shall contain a description of the lands and shall be accompanied by a plan thereof, and may contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.
CHAPTER IV CERTIFICATE OF TITLE
Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries or limits of the various parcels as accurately as possible. The parcels shall be known as "lots" and shall on the plan filed in the case be given separate numbers by the Director of Lands, which numbers shall be known as "cadastral lot numbers". The lots situated within each municipality shall, as far as practicable, be numbered consecutively beginning with number "one", and only one series of numbers shall be used for that purpose in each municipality. However in cities or townsites, a designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot numbers.
Section 39. Preparation of decree and Certificate of Title. After the judgment directing the registration of title to land has become final, the court shall, within fifteen days from entry of judgment, issue an order directing the Commissioner to issue the corresponding decree of registration and certificate of title. The clerk of court shall send, within fifteen days from entry of judgment, certified copies of the judgment and of the order of the court directing the Commissioner to issue the corresponding decree of registration and certificate of title, and a certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become final. Thereupon, the Commissioner shall cause to be prepared the decree of registration as well as the srcinal and duplicate of the corresponding srcinal certificate of title. The srcinal certificate of title shall be a true copy of the decree of registration. The decree of registration shall be signed by the Commissioner, entered and filed in the Land Registration Commission. The srcinal of the srcinal certificate of title shall also be signed by the Commissioner and shall be sent, together with the owner's duplicate certificate, to the Register of Deeds of the city or province where the property is situated for entry in his registration book.
The cadastral number of a lot shall not be changed after final decision has been entered decreasing the registration thereof, except by order of court. Future subdivisions of any lot shall be designated by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective subdivisions pertain. The letter with which a subdivision is designated shall be known as its "cadastral letter": Provided, however, that the subdivisions of cities or townsites may be designated by blocks and lot numbers.
Section 40. Entry of Original Certificate of Title. Upon receipt by the Register of Deeds of the srcinal and duplicate copies of the srcinal certificate of title the same shall be entered in his record book and shall be numbered, dated, signed and sealed by the Register of Deeds with the seal of his office. Said certificate of title shall take effect upon the date of entry thereof. The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner's duplicate is ready for delivery to him upon payment of legal fees.
C. ANSWER Section 37. Answer to petition in cadastral proceedings. Any claimant in cadastral proceedings, whether named in the notice or not, shall appear before the court by himself or by some other authorized person in his behalf, and shall file an answer on or before the date of initial hearing or within such further time as may be allowed by the court. The answer shall be signed and sworn to by the claimant or by some other authorized person in his behalf, and shall state whether the claimant is married or unmarried, and 83
Section 41. Owner's duplicate certificate of title. The owner's duplicate certificate of title shall be delivered to the registered owner or to his duly authorized representative. If two or more persons are registered owners, one owner's duplicate certificate may be issued for the whole land, or if the co-owners so desire, a separate duplicate may be issued to each of them in like form, but all outstanding certificates of title so issued shall be surrendered whenever the Register of Deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein. The Register of Deeds shall note on each certificate of title a statement as to whom a copy thereof was issued.
Section 47. Registered land not subject to prescriptions. No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. Section 48. Certificate not subject to collateral attack. A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or canceled except in a direct proceeding in accordance with law. Section 49. Splitting, or consolidation of titles. A registered owner of several distinct parcels of land embraced in and covered by a certificate of title desiring in lieu thereof separate certificates, each containing one or more parcels, may file a written request for that purpose with the Register of Deeds concerned, and the latter, upon the surrender of the owner's duplicate, shall cancel it together with its srcinal and issue in lieu thereof separate certificates as desired. A registered owner of several distinct parcels of land covered by
Section 42. Registration Books. The srcinal copy of the srcinal certificate of title shall be filed in the Registry of Deeds. The same shall be bound in consecutive order together with similar certificates of title and shall constitute the registration book for titled properties.
separate certificates title desiring have in certificates lieu thereof for a single certificate for the of whole land, ortoseveral the different parcels thereof, may also file a written request with the Register of Deeds concerned, and the latter, upon the surrender of the owner's duplicates, shall cancel them together with their srcinals, and issue in lieu thereof one or separate certificates as desired.
Section 43. Transfer Certificate of Title. The subsequent certificate of title that may be issued by the Register of Deeds pursuant to any voluntary or involuntary instrument relating to the same land shall be in like form, entitled "Transfer Certificate of Title", and likewise issued in duplicate. The certificate shall show the number of the next previous certificate covering the same land and also the fact that it was srcinally registered, giving the record number, the number of the srcinal certificate of title, and the volume and page of the registration book in which the latter is found.
Section 50. Subdivision and consolidation plans. Any owner subdividing a tract of registered land into lots which do not constitute a subdivision project has defined and provided for under P.D. No. 957, shall file with the Commissioner of Land Registration or with the Bureau of Lands a subdivision plan of such land on which all boundaries, streets, passageways and waterways, if any, shall be distinctly and accurately delineated.
Section 44. Statutory liens affecting title. Every registered owner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting, namely:
If a subdivision plan, be it simple or complex, duly approved by the Commissioner of Land Registration or the Bureau of Lands together with the approved technical descriptions and the corresponding owner's duplicate certificate of title is presented for registration, the Register of Deeds shall, without requiring further court approval of said plan, register the same in accordance with
First. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record.
the provisions Land Registration Act, as amended: however, that of thetheRegister of Deeds shall annotate on Provided, the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of the national government, province, city or municipality, no portion of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated.
Second. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the delinquent taxpayer alone. Third. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined.
A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file with the Land Registration Commission, a consolidation plan on which shall be shown the lots to be affected, as they were before, and as they will appear after the consolidation. Upon the surrender of the owner's duplicate certificates and the receipt of consolidation plan duty approved by the Commission, the Register of Deeds concerned shall cancel the corresponding certificates of title and issue a new one for the consolidated lots.
Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform. Section 45. Statement of personal circumstances in the certificate. Every certificate of title shall set forth the full names of all persons whose interests make up the full ownership in the whole land, including their civil status, and the names of their respective spouses, if married, as well as their citizenship, residence and postal address. If the property covered belongs to the conjugal partnership, it shall be issued in the names of both spouses.
The Commission may not order or cause any change, modification, or amendment in the contents of any certificate of title, or of any decree or plan, including the technical description therein, covering any real property registered under the Torrens system, nor order the cancellation of the said certificate of title and the issuance of a new one which would result in the enlargement of the area covered by the certificate of title.
Section 46. General incidents of registered land. Registered land shall be subject to such burdens and incidents as may arise by operation of law. Nothing contained in this decree shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, landlord and tenant, or from liability to attachment or levy on execution, or from liability to any lien of any description established by law on the land and the buildings thereon, or on the interest of the owner in such land or buildings, or to change the laws of descent, or the rights of partition between co-owners, or the right to take the same by eminent domain, or to relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankcruptcy under the laws relative to preferences, or to change or affect in any way other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided in this Decree.
CHAPTER V SUBSEQUENT REGISTRATION I VOLUNTARY DEALINGS WITH REGISTERED LANDS GENERAL PROVISIONS Section 51. Conveyance and other dealings by registered owner. An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. He may use such forms of deeds, mortgages, leases or other voluntary instruments as are sufficient in law. But no deed, mortgage, lease, or other voluntary instrument, except a will purporting to convey 84
or affect registered land shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration.
filed with him relating to registered land. He shall, as a preliminary process in registration, note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. They shall be regarded as registered from the time so noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date: Provided, that the national government as well as the provincial and city governments shall be exempt from the payment of such fees in advance in order to be entitled to entry and registration.
The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies. Section 52. Constructive notice upon registration. Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds for the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing or entering.
Every deed or other instrument, whether voluntary or involuntary, so filed with the Register of Deeds shall be numbered and indexed and endorsed with a reference to the proper certificate of title. All records and papers relative to registered land in the office of the Register of Deeds shall be open to the public in the same manner as court records, subject to such reasonable regulations as the Register of Deeds, under the direction of the Commissioner of Land Registration, may prescribe.
Section 53. No Presentation owner's duplicate entry of certificate. voluntary ofinstrument shall be upon registered by new the Register of Deeds, unless the owner's duplicate certificate is presented with such instrument, except in cases expressly provided for in this Decree or upon order of the court, for cause shown.
All deeds and voluntary instruments shall be presented with their respective copies and shall be attested and sealed by the Register of Deeds, endorsed with the file number, and copies may be delivered to the person presenting them.
The production of the owner's duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith.
Certified copies of all instruments filed and registered may also be obtained from the Register of Deeds upon payment of the prescribed fees. (A) CONVEYANCES AND TRANSFERS Section 57. Procedure in registration of conveyances. An owner desiring to convey his registered land in fee simple shall execute and register a deed of conveyance in a form sufficient in law. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. The Register of Deeds shall note upon the srcinal and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The srcinal and the owner's
In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice, however, to the rights of any innocent holder for value of a certificate of title. After the entry of the decree of registration on the srcinal petition or application, any subsequent registration procured by the presentation of a forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void. Section 54. Dealings less than ownership, how registered. No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner or from the transferee of the registered owners. All interests in registered land less than ownership shall be registered by filing with the Register of Deeds the instrument which creates or transfers or claims such interests and by a brief memorandum thereof made by the Register of Deeds upon the certificate of title, and signed by him. A similar memorandum shall also be made on the owner's duplicate. The cancellation or extinguishment of such interests shall be registered in the same manner.
duplicate grantor's certificate shall and be stamped The deed ofofthe conveyance shall be filled indorsed"canceled". with the number and the place of registration of the certificate of title of the land conveyed. Section 58. Procedure where conveyance involves portion of land. If a deed or conveyance is for a part only of the land described in a certificate of title, the Register of Deeds shall not enter any transfer certificate to the grantee until a plan of such land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50 of this Decree. Meanwhile, such deed may only be annotated by way of memorandum upon the grantor's certificate of title, srcinal and duplicate, said memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed, and every certificate with such memorandum shall be effectual for the purpose of showing the grantee's title to the portion conveyed to him, pending the actual issuance of the corresponding certificate in his name.
Section 55. Grantee's name, nationality, etc., to be stated. Every deed or other voluntary instrument presented for registration shall contain or have endorsed upon it the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument, and every deed shall also state whether the grantee is married or unmarried, and if married, the name in full of the husband or wife. If the grantee is a corporation or association, the instrument must contain a recital to show that such corporation or association is legally qualified to acquire private lands. Any change in the residence or postal address of such person shall be endorsed by the Register of Deeds on the srcinal copy of the corresponding certificate of title, upon receiving a sworn statement of such change. All names and addresses shall also be entered on all certificates.
Upon the approval of the plan and technical descriptions, the srcinal of the plan, together with a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title and thereupon said officer shall issue a new certificate of title to the grantee for the portion conveyed, and at the same time cancel the grantor's certificate partially with respect only to said portion conveyed, or, if the grantor so desires, his certificate may be canceled totally and a new one issued to him describing therein the remaining portion: Provided, however, that pending approval of said plan, no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds, except where such unsegregated portion was purchased from the Government or any of its instrumentalities. If the land has been subdivided into several lots, designated by numbers or letters, the Register of Deeds may, if desired by the grantor, instead of canceling the latter's certificate and issuing a new one to the same for the remaining unconveyed lots, enter on said certificate and on its owner's duplicate a memorandum of such deed of conveyance and of the issuance of the transfer certificate to the grantee for the lot or lots thus
Notices and processed issued in relation to registered land in pursuance of this Decree may be served upon any person in interest by mailing the same to the addresses given, and shall be binding, whether such person resides within or without the Philippines, but the court may, in its discretion, require further or other notice to be given in any case, if in its opinion the interest of justice so requires. Section 56. Primary Entry Book; fees; certified copies. Each Register of Deeds shall keep a primary entry book in which, upon payment of the entry fee, he shall enter, in the order of their reception, all instruments including copies of writs and processes 85
conveyed, and that the grantor's certificate is canceled as to such lot or lots.
(C) POWERS OF ATTORNEY; TRUSTS Section 64. Power of attorney. Any person may, by power of attorney, convey or otherwise deal with registered land and the same shall be registered with the Register of Deeds of the province or city where the land lies. Any instrument revoking such power of attorney shall be registered in like manner.
Section 59. Carry over of encumbrances. If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book, they shall be carried over and stated in the new certificate or certificates; except so far as they may be simultaneously released or discharged.
Section 65. Trusts in registered land. If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein, or to create or declare a trust or other equitable interests in such land without transfer, the particulars of the trust, condition, limitation or other equitable interest shall not be entered on the certificate; but only a memorandum thereof shall be entered by the words "in trust", or "upon condition", or other apt words, and by a reference by number to the instrument authorizing or creating the same. A similar memorandum shall be made upon the srcinal instrument
(B) MORTGAGES AND LEASES Section 60. Mortgage or lease of registered land. Mortgage and leases shall be registered in the manner provided in Section 54 of this Decree. The owner of registered land may mortgage or lease it by executing the deed in a form sufficient in law. Such deed of mortgage or lease and all instruments which assign, extend, discharge or otherwise deal with the mortgage or lease shall be registered, and shall take effect upon the title only from time of registration. No mortgagee's or lessee's duplicate certificate of title shall hereafter be issued by the Registers of Deeds, and those issued prior to the effectivity of this Decree are hereby deemed canceled and the holders thereof shall immediately surrender the same to the Register of Deeds concerned.
creating orbydeclaring thethe trust or other interest with and a reference number to certificate of equitable title to which it relates to the volume and page in the registration book in which it is registered.
Section 61. Registration. Upon presentation for registration of the deed of mortgage or lease together with the owner's duplicate, the Register of Deeds shall enter upon the srcinal of the certificate of title and also upon the owner's duplicate certificate a memorandum thereof, the date and time of filing and the file number assigned to the deed, and shall sign the said memorandum. He shall also note on the deed the date and time of filing and a reference to the volume and page of the registration book in which it is registered.
Section 66. Trust with power of sale, etc., how expressed. If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in any manner, such power shall be stated in the certificate of title by the words "with power to sell", or "power to mortgage", or by apt words of description in case of other powers. No instrument which transfers, mortgages or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered.
Section 62. Discharge or cancellation. A mortgage or lease on registered land may be discharge or canceled by means of an instrument executed by the mortgage or lessee in a form sufficient in law, which shall be filed with the Register of Deeds who shall
Section 67. Judicial appointment of new trustee. If a new trustee of registered land is appointed by a court of competent jurisdiction, a new certificate may be issued to him upon presentation to the Register of Deeds of a certified copy of the order or judicial
make the appropriate memorandum upon the certificate of title. Section 63. Foreclosure of Mortgage. (a) If the mortgage was foreclosed judicially, a certified copy of the final order of the court confirming the sale shall be registered with the Register of Deeds. If no right of redemption exists, the certificate of title of the mortgagor shall be canceled, and a new certificate issued in the name of the purchaser.
appointment and the surrender for cancellation of the duplicate certificate. Section 68. Implied, trusts, how established. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement thereof containing a description of the land, the name of the registered owner and a reference to the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration.
Where the right of redemption exists, the certificate of title of the mortgagor shall not be canceled, but the certificate of sale and the order confirming the sale shall be registered by a brief memorandum thereof made by the Register of Deeds upon the certificate of title. In the event the property is redeemed, the certificate or deed of redemption shall be filed with the Register of Deeds, and a brief memorandum thereof shall be made by the Register of Deeds on the certificate of title of the mortgagor.
II INVOLUNTARY DEALINGS Section 69. Attachments. An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies, and, in addition to the particulars required in such papers for registration, shall contain a reference to the number of the certificate of title to be affected and the registered owner or owners thereof, and also if the attachment, order, process or lien is not claimed on all the land in any certificate of title a description sufficiently accurate for identification of the land or interest intended to be affected. A restraining order, injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge.
If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at a foreclosure sale shall be registered with the Register of Deeds; whereupon the title of the mortgagor shall be canceled, and a new certificate issued in the name of the purchaser. (b) If the mortgage was foreclosed extrajudicially, a certificate of sale executed by the officer who conducted the sale shall be filed with the Register of Deeds who shall make a brief memorandum thereof on the certificate of title.
Section 70. Adverse claim. Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the srcinal registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.
In the event of redemption by the mortgagor, the same rule provided for in the second paragraph of this section shall apply. In case of non-redemption, the purchaser at foreclosure sale shall file with the Register of Deeds, either a final deed of sale executed by the person authorized by virtue of the power of attorney embodied in the deed of mortgage, or his sworn statement attesting to the fact of non-redemption; whereupon, the Register of Deeds shall issue a new certificate in favor of the purchaser after the owner's duplicate of the certificate has been previously delivered and canceled.
The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration 86
as an adverse claim on the certificate of title. The adverse claim shall be effective for a period of thirty days from the date of registration. After the lapse of said period, the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the party in interest: Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant.
proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum or notice stating the institution of such action or proceeding and the court wherein the same is pending, as well as the date of the institution thereof, together with a reference to the number of the certificate of title, and an adequate description of the land affected and the registered owner thereof, shall have been filed and registered.
Before the lapse of thirty days aforesaid, any party in interest may file a petition in the Court of First Instance where the land is situated for the cancellation of the adverse claim, and the court shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable. If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled. If, in any case, the court, after notice and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five
Section 77. Cancellation of lis pendens. Before final judgment, a notice of lis pendens may be canceled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered. It may also be canceled by the Register of Deeds upon verified petition of the party who caused the registration thereof. At any time after final judgment in favor of the defendant, or other
thousand pesos, its discretion. Before claim the lapse of thirty the claimant mayinwithdraw his adverse by filing withdays, the Register of Deeds a sworn petition to that effect.
disposition of the such as to terminate all rights thein plaintiff in and toaction the land and/or buildings finally involved, in anyof case which a memorandum or notice of lis pendens has been registered as provided in the preceding section, the notice of lis pendens shall be deemed canceled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof.
Section 71. Surrender of certificate in involuntary dealings. If an attachment or other lien in the nature of involuntary dealing in registered land is registered, and the duplicate certificate is not presented at the time of registration, the Register of Deeds shall, within thirty-six hours thereafter, send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court, and it shall, after notice, enter an order to the owner, to produce his certificate at a time and place named therein, and may enforce the order by suitable process.
CHAPTER VI REGISTRATION OF JUDGMENTS; ORDERS; PARTITIONS
Section 72. Dissolution, etc. of attachments, etc. Attachments and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any method sufficient in law, and to give effect to the continuance, reduction, discharge or
Section 78. Judgment for Plaintiff. Whenever in any action to recover possession or ownership of real estate or any interest therein affecting registered land judgment is entered for the plaintiff, such judgment shall be entitled to registration on presentation of a certificate of the entry thereof from the clerk of court where the action is pending to the Register of Deeds for the province or city where the land lies, who shall enter a memorandum upon the certificate of title of the land to which such judgment relates. If the judgment does not apply to all the land described in the certificate of title, the certificate of the clerk of the court where the action is pending and the memorandum entered
dissolution thereof the certificate other instrument purpose shall be registered with theorRegister of Deeds. for that
by the Register of Deeds shall contain a description of the land affected by the judgment.
Section 73. Registration of orders of court, etc. If an attachment is continued, reduced, dissolved, or otherwise affected by an order, decision or judgment of the court where the action or proceedings in which said attachment was made is pending or by an order of a court having jurisdiction thereof, a certificate of the entry of such order, decision or judgment from the clerk of court or the judge by which such decision, order or judgment has been rendered and under the seal of the court, shall be entitled to be registered upon presentation to the Register of Deeds.
Section 79. Judgment adjudicating ownership. When in any action to recover the ownership of real estate or an interest therein execution has been issued in favor of the plaintiff, the latter shall be entitled to the entry of a new certificate of title and to the cancellation of the srcinal certificate and owner's duplicate of the former registered owner. If the registered owner neglects or refuses within a reasonable time after request of the plaintiff to produce his duplicate certificate in order that the same may be canceled, the court shall, on application and after notice, enter an order to the owner to produce his certificate at the time and place designated, and may enforce the order by suitable process.
Section 74. Enforcement of liens on registered land. Whenever registered land is solved on execution, or taken or sold for taxes or for any assessment or to enforce a lien of any character, or for any costs and charges incident to such liens, any execution or copy of execution, any officer's return, or any deed, demand, certificate, or affidavit, or other instrument made in the course of the proceedings to enforce such liens and required by law to be recorded, shall be filed with the Register of Deeds of the province or city where the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as lien or encumbrance.
Section 80. Execution of deed by virtue of judgment. Every court rendering judgment in favor of the plaintiff affecting registered land shall, upon petition of said plaintiff, order and parties before it to execute for registration any deed or instrument necessary to give effect to the judgment, and shall require the registered owner to deliver his duplicate certificate to the plaintiff or to the Register of Deeds to be canceled or to have a memorandum annotated upon it. In case the person required to execute any deed or other instrument necessary to give effect to the judgment is absent from the Philippines, or is a minor, or insane, or for any reason not amenable to the process of the court rendering the judgment, said court may appoint a suitable person as trustee to execute such instrument which, when executed, shall be entitled to registration.
Section 75. Application for new certificate upon expiration of redemption period. Upon the expiration of the time, if any, allowed by law for redemption after registered land has been sold on execution taken or sold for the enforcement of a lien of any description, except a mortgage lien, the purchaser at such sale or anyone claiming under him may petition the court for the entry of a new certificate of title to him.
Section 81. Judgment of partition. In proceedings for partition of registered land, after the entry of the final judgment of partition, a copy of such final judgment, certified by the clerk of the court rendering the same, shall be filed and registered; thereupon, if the land is set of to the owners in severalty, each owner shall be entitled to have his certificate entered showing the share set off to him in severalty, and to receive an owner's duplicate thereof.
Before the entry of a new certificate of title, the registered owner may pursue all legal and equitable remedies to impeach or annul such proceedings. Section 76. Notice of lis pendens. No action to recover possession of real estate, or to quiet title thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon, and no judgment, and no
If the land is ordered by the court to be sold, the purchaser or his assigns shall be entitled to certificate of title entered in his or their favor upon presenting a certified copy of the judgment confirming the sale. 87
In case the land is ordered by the court to be assigned to one of the parties upon payment to the others of the sum ordered by the court, the party to whom the land is thus assigned shall be entitled to have a certificate of title entered in his favor upon presenting a certified copy of the judgment: Provided, however, that any new certificate entered in pursuance of partition proceedings, whether by way of set-off or of assignment or of sale, shall contain a reference memorandum to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as such judgment is made conclusive by the laws applicable thereto: and provided, further, that any person holding such certificate of title or a transfer thereof shall have the right to petition the court at any time to cancel the memorandum relating to such judgment or order and the court, after notice and hearing, may grant the petition. Such certificate shall thereafter be conclusive in the same manner and to the same extent as other certificates of title.
No deed of extrajudicial settlement or affidavit of adjudication shall be registered unless the fact of extrajudicial settlement or adjudication is published once a week for three consecutive weeks in a newspaper of general circulation in the province and proof thereof is filed with the Register of Deeds. The proof may consist of the certification of the publisher, printer, his foreman or principal clerk, or of the editor, business or advertising manager of the newspaper concerned, or a copy of each week's issue of the newspaper wherein the publication appeared.
Section 82. property. Registration prior registered or leaseoron partitioned If aofcertified copy of mortgaged a final judgment decree of partition is presented and it appears that a mortgage or lease affecting a specific portion or an undivided share of the premises had previously been registered, the Register of Deeds shall carry over such encumbrance on the certificate of title that may be issued.
Register making of Deedsreference shall enter the certificate a memorandum thereof, to upon the letters and/or will by their file number, and the date of filing the same.
Section 87. Filing of letters of administration and will. Before the executor or administrator of the estate of a deceased owner of registered land may deal with the same, he shall file with the office of the Register of Deeds a certified copy of his letters of administration or if there is a will, a certified copy thereof and the order allowing the same, together with the letters testamentary or of administration with the will annexed, as the case may be, and shall produce the duplicate certificate of title, and thereupon the
Section 88. Dealings by administering subject to court approval. After a memorandum of the will, if any, and order allowing the same, and letters testamentary or letters of administration have been entered upon the certificate of title as hereinabove provided, the executor or administrator may alienate or encumber registered land belonging to the estate, or any interest therein, upon approval of the court obtained as provided by the Rules of Court.
Section 83. Notice of insolvency. Whenever proceeding in bankruptcy or insolvency, or analogous proceedings, are instituted against a debtor who owns registered land, it shall be the duty of the officer serving the notice of the institution of such proceedings on the debtor to file a copy thereof with the office of the Register of Deeds for the province or city where the land of the debtor lies. The assignee or trustee appointed by the court in such proceedings shall be entitled to the entry of a new certificate of the registered land of the debtor or bankrupt, upon presenting and filing a certified copy of the assignment in insolvency or order or adjudication in bankruptcy with the insolvent's or bankrupt's duplicate certificate of title; but the new certificate shall state that it is entered to him as assignee in insolvency or trustee in bankruptcy or other proceedings, as the case may be.
Section 89. Land devised to executor. When it appears by will, a certified copy of which with letters testamentary had already been filed as provided in this Decree, that registered land is devised to the executor to his own use, or upon some trust, the executor may have the land transferred to himself upon the register in like manner and subject to like terms and conditions and to like rights as in the case of a transfer pursuant to a deed filed in the office of the Register of Deeds. Section 90. When executor empowered by will to sell, etc. When the will empowers of a deceased owner oftoregistered lands, or an interest therein, the executor sell, convey, encumber, charge or otherwise deal with the land, a certified copy of the will and letters testamentary being filed as provided in this Decree, such executor may sell, convey, encumber, charge or otherwise deal with the land pursuant to the power in like manner as if he were registered owner, subject to the terms and conditions and limitations expressed in the will.
Section 84. Judgment or order vacating insolvency proceedings. Whenever any of the proceedings of the character named in the preceding section against a registered owner, of which notice has been registered, is vacated by judgment, a certified copy of the judgment or order may be registered. Where a new certificate has been entered in the name of the assignee or trustee, such certificate shall be surrendered for cancellation and forthwith the debtor shall be entitled to the entry of a new certificate to him.
Section 91. Transfer in anticipation of final distribution. Whenever the court having jurisdiction of the testate or intestate proceedings directs the executor or administrator to take over and transfer to the devisees or heirs, or any of them, in anticipation of final distribution a portion or the whole of the registered land to which they might be entitled on final distribution, upon the filing of a certified copy of such order in the office of the Register of Deeds, the executor or administratory may cause such transfer to be made upon the register in like manner as in case of a sale, and upon the presentation of the owner's duplicate certificate to the Register of Deeds, the devisees or heirs concerned shall be entitled to the issuance of the corresponding certificates of title.
Section 85. Land taken by eminent domain. Whenever any registered land, or interest therein, is expropriated or taken by eminent domain, the National Government, province, city, municipality, or any other agency or instrumentality exercising such right shall file for registration in the proper Registry a certified copy of the judgment which shall state definitely, by an adequate description, the particular property or interest expropriated, the number of the certificate of title, and the nature of the public use. A memorandum of the right or interest taken shall be made on each certificate of title by the Register of Deeds, and where the fee simple title is taken, a new certificate shall be issued in favor of the National Government, province, city, municipality, or any other agency or instrumentality exercising such right for the land so taken. The legal expenses incident to the memorandum of registration or issuances incident to the memorandum of registration or issuance of a new certificate shall be for the account of the authority taking the land or interest therein.
Section 92. Registration of final distribution of estate. A certified copy of the partition and distribution, together with the final judgment or order of the court approving the same or otherwise making final distribution, supported by evidence of payment of estate taw or exemption therefrom, as the case may be, shall be filed with the Register of Deeds, and upon the presentation of the owner's duplicate certificate of title, new certificates of title shall be issued to the parties severally entitled thereto in accordance with the approved partition and distribution.
Section 86. Extrajudicial settlement of estate. When a deed of extrajudicial settlement has been duly registered, the Register of Deeds shall annotate on the proper title the two-year lien mentioned in Section 4 of Rule 74 of the Rules of Court. Upon the expiration of the two-year period and presentation of a verified petition by the registered heirs, devisees or legatees or any other party in interest that no claim or claims of any creditor, heir or other person exist, the Register of Deeds shall cancel the two-year lien noted on the title without the necessity of a court order. The verified petition shall be entered in the Primary Entry Book and a memorandum thereof made on the title.
CHAPTER VII ASSURANCE FUND Section 93. Contribution to Assurance Fund. Upon the entry of a certificate of title in the name of the registered owner, and also upon the srcinal registration on the certificate of title of a building or other improvements on the land covered by said certificate, as well as upon the entry of a certificate pursuant to any subsequent transfer of registered land, there shall be paid to the Register of Deeds one-fourth of one per cent of the assessed value of the real 88
estate on the basis of the last assessment for taxation purposes, as contribution to the Assurance Fund. Where the land involved has not yet been assessed for taxation, its value for purposes of this decree shall be determined by the sworn declaration of two disinterested persons to the effect that the value fixed by them is to their knowledge, a fair valuation.
Section 99. Subrogation of government to plaintiff's rights. In every case where payment has been made by the National Treasurer in accordance with the provisions of this Decree, the Government of the Republic of the Philippines shall be subrogated to the rights of the plaintiff against any other parties or securities. The National Treasurer shall enforce said rights and the amount recovered shall be paid to the account of the Assurance Fund.
Nothing in this section shall in any way preclude the court from increasing the valuation of the property should it appear during the hearing that the value stated is too small.
Section 100. Register of Deeds as party in interest. When it appears that the Assurance Fund may be liable for damages that may be incurred due to the unlawful or erroneous issuance of a certificate of title, the Register of Deeds concerned shall be deemed a proper party in interest who shall, upon authority of the Commissioner of Land Registration, file the necessary action in court to annul or amend the title.
Section 94. Custody and investment of fund. All money received by the Register of Deeds under the preceding section shall be paid to the National Treasurer. He shall keep this money in an Assurance Fund which may be invested in the manner and form authorized by law, and shall report annually to the Commissioner of the Budget the condition and income thereof.
The court may order the Register of Deeds to amend or cancel a
The income of the Assurance Fund shall be added to the principal until said fund amounts to five hundred thousand pesos, in which event the excess income from investments as well as from the collections of such fund shall be paid into the National Treasury to the account of the Assurance Fund.
certificate of title or to do any other act as may be just and equitable. Section 101. Losses not recoverable. The Assurance Fund shall not be liable for any loss, damage or deprivation caused or occasioned by a breach of trust, whether express, implied or constructive or by any mistake in the resurveyed or subdivision of registered land resulting in the expansion of area in the certificate of title.
Section 95. Action for compensation from funds. A person who, without negligence on his part, sustains loss or damage, or is deprived of land or any estate or interest therein in consequence of the bringing of the land under the operation of the Torrens system of arising after srcinal registration of land, through fraud or in consequence of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in the registration book, and who by the provisions of this Decree is barred or otherwise precluded under the provision of any law from bringing an action for the recovery of such land or the estate or interest therein, may bring an action in any court of competent jurisdiction for the recovery of damages to be paid out of the Assurance Fund.
Section 102. Limitation of Action. Any action for compensation against the Assurance Fund by reason of any loss, damage or deprivation of land or any interest therein shall be instituted within a period of six years from the time the right to bring such action first occurred: Provided, That the right of action herein provided shall survive to the legal representative of the person sustaining loss or damage, unless barred in his lifetime; and Provided, further, That if at the time such right of action first accrued the person entitled to bring such action was a minor or insane or imprisoned, or otherwise under legal disability, such person or anyone claiming from, by or under him may bring the proper action at any time within two years after such disability has been removed, notwithstanding the expiration of the srcinal period of
Section 96. Against whom action filed. If such action is brought to recover for loss or damage or for deprivation of land or of any estate or interest arising wholly fraud, negligence, omission, mistaketherein or misfeasance of thethrough court personnel, Register of Deeds, his deputy, or other employees of the Registry in the performance of their respective duties, the action shall be brought against the Register of Deeds of the province or city where the land is situated and the National Treasurer as defendants. But if such action is brought to recover for loss or damage or for deprivation of land or of any interest therein arising through fraud, negligence, omission, mistake or misfeasance of person other than court personnel, the Register of Deeds, his deputy or other employees of the Registry, such action shall be brought against the Register of Deeds, the National Treasurer and other person or persons, as codefendants. It shall be the duty of the Solicitor General in person or by representative to appear and to defend all such suits with the aid of the fiscal of the province or city where the land lies: Provided, however, that nothing in this Decree shall be construed to deprive the plaintiff of any right of action which he may have against any person for such loss or damage or deprivation without joining the National Treasurer as party defendant. In every action filed against the Assurance Fund, the court shall consider the report of the Commissioner of Land Registration.
six years first above provided. CHAPTER VIII REGISTRATION OF PATENTS Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.
Section 97. Judgment, how satisfied. If there are defendants other than the National Treasurer and the Register of Deeds and judgment is entered for the plaintiff and against the National Treasury, the Register of Deeds and any of the other defendants, execution shall first issue against such defendants other than the National and the Register of Deeds. If the execution is returned unsatisfied in whole or in part, and the officer returning the same certificates that the amount due cannot be collected from the land or personal property of such other defendants, only then shall the court, upon proper showing, order the amount of the execution and costs, or so much thereof as remains unpaid, to be paid by the National treasurer out of the Assurance Fund. In an action under this Decree, the plaintiff cannot recover as compensation more than the fair market value of the land at the time he suffered the loss, damage, or deprivation thereof.
CHAPTER IX CERTIFICATE OF LAND TRANSFER, EMANCIPATION PATENT, AFFIDAVIT OF NON-TENANCY Section 104. Provisional Register of Documents. The Department of Agrarian Reform shall prepare by automate data processing a special registry book to be known as the "Provisional Register of Documents issued under PD-27" which shall be kept and maintained in every Registry of Deeds throughout the country. Said Registry Book shall be a register of:
Section 98. General Fund when liable. If at any time the Assurance Fund is not sufficient to satisfy such judgment, the National Treasurer shall make up for the deficiency from any funds available in the treasury not otherwise appropriated.
a. All Certificates of Land Transfer (CLT) issued pursuant to P.D. No. 27; and
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contain a memorandum of the annulment of the outstanding duplicate.
b. All subsequent transactions affecting Certificates of Land Transfer such as adjustments, transfer, duplication and cancellations of erroneous Certificates of Land Transfer.
Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. A registered owner of other person having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the Commissioner of Land Registration, may apply by petition to the court upon the ground that the registered interests of any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or that new interest not appearing upon the certificate have arisen or been created; or that an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or that the same or any person on the certificate has
Section 105. Certificates of Land Transfer Emancipation Patents. The Department of Agrarian reform shall pursuant to P.D. No. 27 issue in duplicate, a Certificate of Land Transfer for every land brought under "Operation Land Transfer", the srcinal of which shall be kept by the tenant-farmer and the duplicate, in the Registry of Deeds. After the tenant-farmer shall have fully complied with the requirements for a grant of title under P.D. No. 27, an Emancipation Patent which may cover previously titled or untitled property shall be issued by the Department of Agrarian Reform. The Register of Deeds shall complete the entries on the aforementioned Emancipation Patent and shall assign an srcinal certificate of title numbershall in case of unregistered land, andtransfer in case of registered property, issue the corresponding certificate of title without requiring the surrender of the owner's duplicate of the title to be canceled.
been changed; or that that the the registered owner has married, or, and if registered as married, marriage has been terminated no right or interests of heirs or creditors will thereby be affected; or that a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; and the court may hear and determine the petition after notice to all parties in interest, and may order the entry or cancellation of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security or bond if necessary, as it may consider proper; Provided, however, That this section shall not be construed to give the court authority to reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. Where the owner's duplicate certificate is not presented, a similar petition may be filed as provided in the preceding section.
In case of death of the grantee, the Department of Agrarian Reform shall determine his heirs or successors-in-interest and shall notify the Register of Deeds accordingly. In case of subsequent transfer of property covered by an Emancipation Patent or a Certificate of Title emanating from an Emancipation Patent, the Register of Deeds shall affect the transfer only upon receipt of the supporting papers from the Department of Agrarian Reform. No fee, premium, of tax of any kind shall be charged or imposed in connection with the issuance of an srcinal Emancipation Patent and for the registration or related documents. Section 106. Sale of agricultural land; affidavit. No voluntary deed or instrument purporting to be a subdivision, mortgage, lease, sale or any other mode of encumbrance or conveyance of private
All petitions or motions filed under this Section as well as under any other provision of this Decree after srcinal registration shall
agricultural principallyunless devoted to rice or corn or any portion thereof shallland be registered accompanied by an affidavit of the vendor or executor stating that the land involved is not tenanted, or if tenanted, the same is not primarily devoted to the production of rice and/or corn.
be filed andwas entitled in the srcinal case in which the decree or registration entered. Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft of an owner's duplicate certificate of title, due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered.
If only a portion of the land is primarily devoted to the production of rice and/or corn, and such area so devoted is tenanted, no such deed or instrument shall be registered unless accompanied by an affidavit stating the area (size) of the portion which is tenanted and primarily devoted to rice and/or corn, and stating further that the deed or instrument covers only the untenanted portion or that which is not primarily devoted to the production of rice and/or corn. A memorandum of said affidavit shall be annotated on the certificate of title. The Register of Deeds shall cause a copy of the registered deed or instrument, together with the affidavit, to be furnished the Department of Agrarian Reform Regional Office where the land is located. The affidavit provided in this section shall not be required in the case of a tenant-farmer who deals with his Certificate of Land Transfer or Emancipation Patent in accordance with law.
Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the srcinal duplicate, and shall thereafter be regarded as such for all purposes of this decree.
CHAPTER X PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION
Section 110. Reconstitution of lost or destroyed srcinal of Torrens title. Original copies of certificates of title lost or destroyed in the offices of Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The procedure relative to administrative reconstitution of lost or destroyed certificate prescribed in said Act is hereby abrogated.
Section 107. Surrender of withhold duplicate certificates. Where it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent or where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to surrender the owner's duplicate certificate of title, the party in interest may file a petition in court to compel surrender of the same to the Register of Deeds. The court, after hearing, may order the registered owner or any person withholding the duplicate certificate to surrender the same, and direct the entry of a new certificate or memorandum upon such surrender. If the person withholding the duplicate certificate is not amenable to the process of the court, or if not any reason the outstanding owner's duplicate certificate cannot be delivered, the court may order the annulment of the same as well as the issuance of a new certificate of title in lieu thereof. Such new certificate and all duplicates thereof shall
Notice of all hearings of the petition for judicial reconstitution shall be given to the Register of Deeds of the place where the land is situated and to the Commissioner of Land Registration. No order or judgment ordering the reconstitution of a certificate of title shall become final until the lapse of thirty days from receipt by the Register of Deeds and by the Commissioner of Land Registration of a notice of such order or judgment without any appeal having been filed by any of such officials. CHAPTER XI SCHEDULE OF FEES: SPECIAL FUND 90
5. For all other services not mentioned above, the same fees including travel fees as provided in the Rules of Court for similar services.
Section 111. Fees payable. The fees payable to the Clerk of Court, the Sheriff, the Register of Deeds and the Land Registration Commission shall be as follows:
C. Fees payable to the Register of Deeds. The Register of Deeds shall collect fees for all services rendered by him under this Decree in accordance with the following schedule:
A. Fees payable to the Clerk of Court. The fees payable to the clerk of court or his deputies shall be as follows: 1. For filing an application for the registration of land, the fees shall be based on the assessed value of the property for the current year, in accordance with the following schedule
1. Original certificate of title. For the entry of one srcinal certificate of title and issuance of one owner's duplicate certificate, ten pesos for the first parcel of land described thereon and five pesos for each additional parcel.
(a) When the value of the property does not exceed two thousand pesos, fifteen pesos for the first five hundred pesos, or fractional part thereof, and five pesos for each additional five hundred pesos, or fractional part thereof.
2. Entry fee. For each entry fee in the primary entry book, five pesos.
(b) When the value of the property does not exceed two thousand
3. Attachment, levy, etc. For the annotation of an attachment, levy, writ of execution, adverse claim, five pesos for each parcel of land
pesos butthree doesthousand not exceed ten thousand pesos, fiveand pesos the first pesos, or fractional partthirty thereof, fivefor pesos for each additional one thousand pesos, or fractional part thereof.
affected thereby. 4. Lis Pendens, etc. For the annotation of a notice of lis pendens, or of any document or order in connection therewith, for each of land affected thereby, five pesos.
(c) When the value of the property is more than ten thousand pesos but does not exceed one hundred thousand pesos, eighty pesos for the first twenty thousand pesos, or fractional part thereof, and ten pesos for each additional ten thousand pesos, or fractional part thereof.
5. Release of encumbrance. For the annotation of a release of any encumbrance, except mortgage, lease, or other lien for the cancellation of which a specific fee is prescribed herein, for each parcel of land so released, five pesos; but the total amount of fees to be collected shall not exceed the amount of fees paid for the registration of such encumbrance.
(d) When the value of the property is more than one hundred thousand pesos but does not exceed five hundred thousand pesos, one hundred eighty pesos for the first one hundred twenty-five thousand pesos, or fractional part thereof, and twenty pesos for each additional twenty-five thousand pesos, or fractional part thereof.
6. Court Order. For the annotation of an order of the court for the amendment of, or the making of a memorandum on, a certificate of title, except inclusion of buildings or improvements, or any order directing the registration of a document, or of any right or interest referred to in said order, or the cancellation of a certificate of title and/or the issuance of a new one, ten pesos for each certificate of title on which the annotation is made, in addition to the fees prescribed under paragraphs sixteen or seventeen, as the case may be, of this subsection, in the same are also due for the registration
(e) When the value of the property is more than five hundred thousand pesos, five hundred twenty pesos for the first five hundred fifty thousand pesos, or fractional part thereof, and forty pesos for each additional fifty thousand pesos, or fractional part thereof. If the property has not been assessed for taxation, the fees above prescribed shall be based on the current market value; and the applicant shall file with his application a sworn declaration of three disinterested persons that the value fixed by him is to their knowledge a fair valuation.
of such document, right or interest. 7. Building. For the annotation of an order of the court for the inclusion of building and/or improvement in a certificate of title, ten pesos for each certificate of title. 8. Powers of attorney, letters of administration, appointment of guardian, resolution or revocation thereof. For registering and filing a power of attorney, letters of administration or letters testamentary whether or not accompanied by a copy of the testament, certificate of allowance of a will with attested copy of the will annexed, appointment of guardian for a minor or incompetent person, appointment of receiver, trustee, or administrator, articles of incorporation of any corporation, association or partnership, or resolution of its board of directors empowering an officer or member thereof to act in behalf of the same, twenty pesos; and for the annotation of such papers on certificates of title when required by existing laws or regulations, five pesos for each certificate of title so annotated: Provided, however, that when the certificate of allowance of a will and the letters testamentary or letters of administration are filed together, only one fee shall be collected. For registering an instrument of revocation of any of the paper mentioned above, five pesos, and if annotated on the corresponding certificate of title, three pesos for each certificate of title.
2. For filing a petition for review of judgment and decree, or other claim adverse to the registered owner, for each petition, twenty pesos. 3. For filing a petition after the decision has become final, twenty pesos. If it affects land decrees in more than one case, for each additional case, one peso. If it affects several lots or parcels of land in which the petitioners have no common interest, each of such petitioners shall pay the corresponding fees as if separate petitions had been filed by him. B. Fees payable to the Sheriff. The sheriff shall collect fees for his services rendered in connection with land registration and cadastral proceedings as follows: 1. For posting notices of initial hearing of land registration cases in conspicuous places on the lands described in the notice, for each parcel of land on which a copy of such notice is posted, besides travel fees, three pesos.
9. Notice of tax lien, loss, etc. For the annotation of a notice of tax lien of any description notice of lost duplicate or copy of a certificate of title, order of the court declaring such duplicate or copy null and void, notice of change of address, or the cancellation of any such annotation, for each certificate of title, five pesos.
2. For posting notices of initial hearing of cadastral cases in conspicuous places on the lands included in the survey, for each group of one hundred lots on which a copy of the notice is posted, besides travel fees, three pesos.
10. Carry over of annotation. For transferring the memorandum of an encumbrance of any kind from one certificate of title which is canceled to a new one in lieu thereof, for each memorandum thus transferred, five pesos.
3. For posting one copy of a notice of initial hearing in a conspicuous place upon the municipal building of the city, municipality, or municipal district in which the land or portion thereof lies, besides travel fees, three pesos.
11. Annotation on additional copy of title. For any memorandum made in a standing co-owner's copy of a certificate of title after a similar memorandum has been made in the srcinal thereof, of each certificate of title, five pesos.
4. For serving notices upon cadastral claimants to appear before the court, travel fees only as provided in the Rules of Court.
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(a) Exchange. In the exchange of real property the basis of the fees to be paid by each party shall be the current assessed value of the properties acquired by one party from the other, in addition to the value of any other consideration, if any, stated in the contract.
12. No specific fee. For any memorandum made in a certificate of title for which no specific fee is prescribe above, for each certificate of title, five pesos. 13. Transfer to trustee, executor, administrator receiver. For the issuance of a transfer certificate of title, including its duplicate, to a trustee, executor, administrator, or receiver, or for the cancellation of such certificate of title and issuance of a new one, including its duplicate, to the cestui que trust in case of trusteeship, ten pesos. If the certificate covers more than one parcel or lot, an additional fee of five pesos shall be collected for each additional parcel or lot.
(b) Hereditary transfer. In the transmission of an hereditary estate without partition or subdivision of the property among the heirs, devisees or legatees, although with specification of the share of each in the value of the estate, the basis shall be the total current assessed value of the property thus transmitted. (c) Partition of hereditary estate; Conjugal property. In the partition of an hereditary estate which is still in the name of the deceased, in which determinate properties are adjudicated to each heir devisee or legatee, or to each group of heirs, devisees or legatees, the basis of the fees to be paid by each person or group, as the case may be, shall be the total current assessed value of the properties thus adjudicated to each person or group. In the case,
14. Transfer certificate of title. For the issuance of a transfer certificate of title, including its duplicate, to a person other than those named in the next preceding paragraph, ten pesos, in addition to the fees hereinafter prescribed in paragraph sixteen or seventeen, as the case may be, of this subsection, if the same are also due. If the certificate covers more than one parcel or lot, an additional parcel or lot.fee of five pesos shall be collected for each additional
however, ofofconjugal property, the name basisofofthethe fees for the registration one-half thereof in the surviving spouse shall be the total current assessed value of the properties adjudicated to said spouse.
15. Additional copy of title. For the issuance of a new owner's duplicate or a co-owner's copy of a certificate of title, or any additional duplicate or copy thereof, ten pesos for the first page and five pesos for each subsequent page, or fraction thereof.
(d) Subdivision or partition. In the partition of real property held in common by several registered co-owner's the basis of the fees to be paid by each co-owner or group of co-owners shall be the total assessed value of the property taken by each co-owner or group.
16. Registration fee. For the registration of a deed of sale, conveyance, transfer, exchange, partition, or donation; a deed of sale with pacto de retro, conditional sale, sheriff's sale at public auction, sale for non-payment of taxes, or any sale subject to redemption, or the repurchase or redemption of the property so sold; any instrument, order, judgment or decree divesting the title of the registered owner, except in favor of a trustee, executor, administrator or receiver; option to purchase or promise to sell; any mortgage, surety, bond, lease, easement, right-of-way, or other real right or lien created or constituted by virtue of a distinct contract or agreement, and not as an incidental condition of sale, transfer or conveyance; the assignment, enlargement, extension or novation of a mortgage or of any other real right, or a release of mortgage, termination of lease, or consolidation of ownership over
(e) Conveyance: several lots and parties. In the sale, conveyance or transfer of two or more parcels of land in favor of two or more separate parties but executed in one single instrument, the basis shall be the total selling price paid by each party-buyer, or, in the case of lump sum consideration, such portion thereof as apportioned in accordance with the assessed value of the respective land acquired by each party-buyer. (f) Conveyance of properties in different places. In the sale, conveyance, or transfer of properties situated in different cities or provinces, the basis of the fees in each Registry of Deeds where the instrument is to be registered shall be the total selling price of the
a property therefor sold with pacto de retro; where nothe specific fee be is prescribed in the preceding paragraphs, fees shall based on the value of the consideration in accordance with the following schedule:
properties situated in the respective city or thereof province, in the case of lump sum consideration, such portion asor, obtained for those properties lying within the jurisdiction of the respective registry after apportioning the total consideration of the sale, conveyance or transfer in accordance with the current assessed value of such properties.
(a) Six thousand pesos maximum. When the value of the consideration does not exceed six thousand pesos, seven pesos for the first five hundred pesos, or fractional part thereof, and three pesos for each additional five hundred pesos, or fractional part thereof.
(g) Conveyance of mortgaged properties. In the sale, conveyance, or transfer of a mortgaged property, the basis shall be the selling price of the property proper plus the full amount of the mortgage, or the unpaid balance thereof if the latter is stated in the instrument. If the properties are situated in different cities or provinces, the basis of the fees in each Registry of Deeds where the instrument is to be registered shall be such sum as obtained for the properties situated in the respective city or province after apportioning in accordance with the current assessed values of said properties the total amount of consideration as above computed, unless the selling price of the properties in each city or province and the proportionate share thereof in the amount of unpaid balance of the mortgage are stated in the instrument, in which case, the aggregate of such selling price and share shall be the basis. In any case, however, where the aggregate value of the consideration as above computed shall be less than the current assessed value of the properties in the city or province concerned, such assessed value shall be the basis of the fees in the respective Registry.
(b) Thirty thousand pesos maximum. When the value of the consideration is more than six thousand pesos but does not exceed thirty thousand pesos, or fractional part thereof, and eight pesos for each additional two thousand pesos, or fractional part thereof. (c) One hundred thousand pesos maximum. When the value of the consideration is more than thirty thousand pesos but does not exceed one hundred thousand pesos, one hundred fifty pesos for the first thirty-five thousand pesos, or fractional part thereof, and fourteen pesos or each additional five thousand pesos, or fractional part thereof. (d) Five hundred thousand pesos maximum. When the value of the consideration is more than one hundred thousand pesos but does not exceed five hundred thousand pesos, three hundred fifty-two pesos for the first one hundred ten thousand pesos, or fractional part thereof, and twenty pesos for each additional ten thousand pesos, or fractional part thereof.
(h) Mortgage of properties in different places. In a mortgage affecting properties situated in different cities or provinces, the basis of the fees in each Registry of Deeds where the document is to be registered shall be such amount as obtained for the properties lying within the jurisdiction of said Registry after apportioning the total amount of the mortgage in accordance with the current assessed value of such properties.
(e) More than five hundred thousand pesos. When the value of the consideration is more than five hundred thousand pesos, one thousand one hundred sixty-two pesos for the first five hundred twenty thousand pesos, or fractional part thereof, and thirty pesos for each additional twenty thousand pesos, or fractional part thereof.
(i) Release of mortgage. In the release of a mortgage the basis of the fees shall be an amount equal to ten per centum of the total amount of obligation secured by the mortgage. If the properties are situated in different cities or provinces, the basis of the fees in each Registry shall be ten per centum of such sum as obtained for the properties in the respective city or province after apportioning the amount of the mortgage in accordance with the current assessed
17. Fees for specific transactions. In the following transactions, however, the basis of the fees collectible under paragraph sixteen of this subsection, whether or not the value of the consideration is stated in the instrument, shall be as hereunder set forth: 92
values of such properties. In the case of a partial release, the fees shall be based on ten per centum of the current assessed value of the property so released in the respective city or province; Provided, however, That where several partial releases had been registered, the fees corresponding to the final release shall be computed on the basis of ten per centum of the difference between the amount of the mortgage and the aggregate of the consideration used as basis for the collection of the fees paid for the registration of all previous partial releases.
D. Fees payable to the Commissioner of Land Registration. The fees payable to the Commissioner of Land Registration shall be as follows:
(j) Certificate of sale. In a certificate of sale at public auction by virtue of an order of execution or sale for delinquency in the payment of taxes, or repurchase of the property so sold, the basis of the fees in each Registry shall be ten per centum of the selling or repurchase price of the property lying within the jurisdiction of the Registry.
(c) For each traverse station .........………………………... 0.10 (d) For each observation ...........…………………………… 0.50
1. For verification and approval of subdivision plans, the fee shall be: (a) For each lot ...…………………………………............. P2.00
(b) For each corner of a lot, irrespective of whether such corner is common to two or more lots ............... 0.20 (e) In case the plan is a resurveyed or relocation plan an additional 40 per cent of the rates prescribed above shall be collected. Provided, however, that the total fee as computed above, whether for subdivision and/or consolidation-subdivision survey,
(k) Affidavit of consolidation of ownership. In an affidavit for the consolidation ownership over aforeclosure property sold withthe pacto de retroof or pursuant toofan extra judicial under provisions Act Numbered Thirty-one hundred and thirty-five, as amended, the basis of the fees in each Registry shall be an amount equivalent to ten per centum of the consideration of the sale in the respective city or province.
resurveyed per plan. or relocation plan, shall in no case be less than P8.00 2. For changing or correcting the name of any person appearing on the subdivision plan or other plan in order to have it conform to that stated in the certificate of title covering the land, and for the cancellation of an approved plan when so requested by the interested party, there shall be a fee of P5.00 per plan.
(l) Contract of lease. In contracts of lease, the basis of the fees in each Registry shall be the sum total to be paid by the lessee for the properties situated in the respective city or province during the entire period specified in the contract, including the extension contemplated by the parties which may be given effect without the necessity of further registration. If the period is from year to year, or otherwise not fixed, the basis shall be the total amount of rentals due for thirty months. If the rentals are not distributed, the total amount thereof as above computed shall be apportioned to said properties in accordance with their assessed values, and the proportionate sum thus obtained for each city or province shall be the basis of the fees to be collected in the Registry concerned.
3. The rates of fees prescribed in paragraph 1 and 2, inclusive, shall apply to similar services rendered in connection with the examination, verification, and approval of consolidation, consolidation-subdivision, resubdivision, and reconsolidation plans, special work order plans on the basis of certified copies of technical descriptions of plans approved by the Land Registration Commission or the Bureau of Lands, private surveys, and other plans of similar nature. In the computation of fees relative to lots subject of consolidation and consolidation-subdivision plans, a fee of two pesos shall be collected per lot as appearing in the old survey in addition to the fee collectible in paragraph 1 hereof for the new lots.
(m) Termination of lease. In the termination of lease, the basis of the fees in each registry shall be ten per centum of the amount used as basis for the collection of the fees paid for the registration of said lease.
4. For the preparation of a plan in a tracing cloth of any survey, the data of which are available in the Commission, except when the same is merely traced from an existing plan, the fees shall be computed as follows:
(n) Option to purchase or promise to sell. In contracts of option to purchase or promise to sell, the basis of the fees in each Registry shall be ten per centum of the current assessed value of the property subject of such contract in the respective city or province.
(a) When the plan to be so prepared contains only one lot:
(o) Consideration not stated or fixed or less than assessed value. In other transactions where the actual value of the consideration is not fixed in the contract or cannot be determined from the terms thereof, or, in case of a sale, conveyance, or transfer, the consideration stated is less than the current assessed value of the property, the basis of the fees shall be the current assessed value of the property involved in the transaction. If the properties are situated in different cities or provinces, the basis of the fees in each Registry shall be the current assessed value of the properties lying within the jurisdiction of the Registry concerned.
1. For the first ten corners or fraction thereof .........………… P40.00 2. For the next ten corners or fraction thereof ....……………...... 6.00
3. For each corner in excess of the first twenty corners ........... 0.40 (b) When the plan to be so prepared contains two or more lots: 1. For the first lot, which must be the biggest of the group, irrespective of the number of its corner .........………………………………. P40.00
18. Issuance of copy of document. For furnishing copies of any entry, decree, document, or other papers on file, fifty centavos for each hundred words of fraction thereof contained in the copies thus furnished.
2. For each additional lot, irrespective of the number of its corners, said lot being adjacent to the first lot or any other lot
19. Certified copy. For certifying a copy furnished under the next preceding paragraph, for each certification, five pesos for one page and one peso for each additional page certified.
P20.00 4. If any lot contains more than twenty corners for each corner of
…………………….. P15.00
3. For each non-adjacent lot (other than the first charged lot),
irrespective of the number of its corners ........……………………………... such lot in the first twenty corners ........…………………………………….
P0.40
20. Certification. For issuing a certificate relative to, or showing the existence or non-existence of, an entry in the registration books or a document on file, for each such certificate containing not more than two hundred words, five pesos; if it exceeds that number an additional fee of one peso shall be collected for every hundred words, or fraction thereof, in excess of the first two hundred words.
5. For the preparation of a plan in tracing cloth, to be traced from an existing plan, complete with bearings and distances of corners and tie lines, the fee shall be 30 per centum of the fees prescribed in paragraph 4 above.
21. Research fee. For services rendered in attending to request for reference or researches on any records or documents on file in the Registry, there shall be collected two pesos per document or record.
6. For the preparation of a plan in tracing cloth, to be copied from an existing plan, complete with bearings and distances of sides and tie-lines, but using a different scale, the fee shall be 50 per centum of the fees prescribed under paragraph 4 above, if made on a reduced scale; or 60 per centum of the same fees, if made on an enlarged scale. 93
Area Survey Fee For the first hectare ........... P 350.00 For the 2nd ha. to 10th ha. An additional 60.00 per ha. For the 11th ha. to 20th ha. An additional P30.00 per ha. For the 21st ha. to 30th ha. An additional P20.00 per ha. For the 31st ha. to 200th ha. An additional P10.00 per ha. For the 201st ha. or over An additional P8.00 per ha.
7. For the preparation of a simple plan or sketch of any available survey or plan on any paper other than a tracing cloth, the fee on the basis of each lot, shall be as follows: (a)
For
the
first
ten
corners
....……………………………………........ P20.00
(b)
For
the
second
ten
corners
.......…………………………………....... 5.00
(c)
For
the
third
ten
corners
or
fraction
thereof
or
fraction
thereof
or
fraction
thereof
........……………………………………….... 2.00
A fraction of a hectare shall be considered one hectare.
…………………………….............. 0.20
2. Urban (Solar):
(d) For each corner in excess of the first thirty corners (e) If the sketch is prepared in tracing cloth, add to the total fees as above computed ... 5.00 (f) If the plan or sketch so prepared contains the bearing and distances of the sides and tie-lines, add to the total fees as above computed 10 per centum thereof.
First 200 sq. m. or less ......... P350.00 Succeeding 201 sq. m.or more ........... P20.00 100 sq. m. (b) Relocation Survey or Resurveyed:
8. For furnishing a plan copy (blue-print, or white print) of any plan on file in the Commission, the fee shall be as follows:
The fee for relocation survey or resurveyed shall be one hundred fifty per cent (150%) of the amount of survey fee collectible on the basis of the schedule of fees for subdivision survey as provided in the preceding paragraph plus one per cent (1%) of the assessed value of the land.
(a) For the copy of any size not exceeding forty square decimeters ..……...……….. P3.00
(b) For one copy of more than forty square decimeters but not exceeding eighty square decimeters in size
Special Account. Twenty per centum of all the collections of the Registers of Deeds and of the Land Registration Commission under this Section and Sections 118 and 116 of this Decree shall be appropriated and upon approval of a budget for it by the Ministry of the Budget, such amounts shall be disbursed and all offices under the Land Registration Commission, for the purchase of necessary equipment, for payment of allowances of officials and employees of the Commission, including those of the Registries of Deeds, as authorized by the Commissioner, for contracts regarding security printing of Land title forms, for survey contracts, and for the maintenance and other operating expenses of the Commission.
.....…………………………....... 6.00
(c) For one copy of more than eighty square decimeters but not exceeding one hundred twenty square decimeter in size ………………….. 9.00
(d) For one copy in excess of one hundred twenty square decimeters in size, the basis rate of nine pesos plus for every twenty square decimeters or fraction thereof in excess …………………………………........ 0.50
9. For the preparation of technical descriptions, other than mere copying from an existing copy, there shall be collected the following fees:
CHAPTER XII FORMS USED IN LAND REGISTRATION AND CONVEYANCING
(a) For technical descriptionsincluding of lots certification: or parcels, typewritten in triplicate and double-spaced, 1. For each lot ........... P3.00 2. For each corner of a lot ........... 0.20 3. For each extra carboncopy, extra charge .... 0.20 4. Minimum total charge ............. 3.00 (b) For lot description prepared in tracing cloth (on tabulated form) including certification: 1. For each sheet ......... P1.50 2. For each lot .......... 0.20 3. For each corner in excess often for a lot .... 0.10 (c) Any common corner shall be counted as many items as there are lots to which it pertains.
Section 112. Forms in conveyancing. Commissioner of Land Registration shall prepare convenientThe blank forms as may be necessary to help facilitate the proceedings in land registration and shall take charge of the printing of land title forms. Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registerable: Provided, that, every such instrument shall be signed by the person or persons executing the same in the presence of at least two witnesses who shall likewise sign thereon, and shall acknowledged to be the free act and deed of the person or persons executing the same before a notary public or other public officer authorized by law to take acknowledgment. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses, and all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more parcels of land, the number thereof shall likewise be set forth in said acknowledgment.
10. For certification of plans or copies of plans as to the correctness of the same, per plan or print copy P3.00 and for the issuance of all other certification P5.00 plus one 30-centavo documentary stamp to be affixed thereto. 11. For inspection of land subject of private surveys, simple or complex subdivision plans, or consolidation, consolidationsubdivision, resubdivision, or reconsolidation plans, special work orders, and other plans of similar nature for the purpose of verification and/or approval: (a) For each plan with an aggregate area of 1,000 sq. m. or less ......... P100.00 (b) For each subdivision with an aggregate area of more than 1,000 sq. m.: 1. For the first 1,000 s.m. ............. P100.00 2. For every succeeding 1,000 sq. m. or fraction thereof ........... 10.00
CHAPTER XIII DEALINGS WITH UNREGISTERED LANDS Section 113. Recording of instruments relating to unregistered lands. No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid, except as between the parties thereto, unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies.
12. For actual field work of subdivision survey, relocation survey and resurveyed of land, the fees shall be as follows: (a) Subdivision survey:
(a) The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration Book. The Primary Entry Book shall contain, among other particulars, the entry number, the
1. Rural (Agricultural) 94
names of the parties, the nature of the document, the date, hour and minute it was presented and received. The recording of the deed and other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Book, after the same shall have been entered in the Primary Entry Book.
Duly certified copies of such records and of filed instruments shall be receivable as evidence in any court. Section 116. Fees for chattel mortgages, etc. The register of Deeds shall collect the following fees for services rendered by him under this section:
(b) If, on the face of the instrument, it appears that it is sufficient in law, the Register of Deeds shall forthwith record the instrument in the manner provided herein. In case the Register of Deeds refuses its administration to record, said official shall advise the party in interest in writing of the ground or grounds for his refusal, and the latter may appeal the matter to the Commissioner of Land Registration in accordance with the provisions of Section 117 of this Decree. It shall be understood that any recording made under this section shall be without prejudice to a third party with a better right.
1. Entry fee. For entry or presentation of any document in the Primary Entry Book, five pesos. Supporting papers presented together with the principal document need not be charged any entry or presentation fee unless the party in interest desires that they be likewise entered. 2. Chattel Mortgage. For filing and recording each chattel mortgage, including the necessary certificates and affidavits, the fees established in the following schedule shall be collected:
(c) After recording on the Recordupon Book,the thesrcinal Registerofofthe Deeds shall endorse among other things, recorded instruments, the file number and the date as well as the hour and minute when the document was received for recording as shown in the Primary Entry Book, returning to the registrant or person in interest the duplicate of the instrument, with appropriate annotation, certifying that he has recorded the instrument after reserving one copy thereof to be furnished the provincial or city assessor as required by existing law.
(a) Six thousand pesos six maximum. the amount the mortgage does not exceed thousand When pesos, seven pesos forofthe first five hundred pesos, or fractional part thereof, and three pesos for each additional five hundred pesos, or fractional part thereof. (b) Thirty thousand pesos maximum. When the amount of the mortgage is more than six thousand pesos but does not exceed thirty thousand pesos, forty-eight pesos for the initial amount not exceeding eight thousand pesos, and eight pesos for each additional two thousand pesos or fractional part thereof.
(d) Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands, if made in the form sufficient in law, shall likewise be admissible to record under this section.
(c) One hundred thousand pesos maximum. When the amount of the mortgage is more than thirty thousand pesos but does not exceed one hundred thousand pesos, one hundred fifty pesos for the initial amount not exceeding thirty-five thousand pesos, and fourteen pesos for each additional five thousand pesos of fractional part thereof.
(e) For the services to be rendered by the Register of Deeds under this section, he shall collect the same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands.
(d) Five hundred thousand pesos maximum. When the amount of the mortgage is more than one hundred thousand pesos but does not exceed five hundred thousand pesos, three hundred fifty-two pesos for the initial amount not exceeding one hundred ten
CHAPTER XIV REGISTRATION OF CHATTEL MORTGAGES
thousand pesos andpart twenty pesos for each additional ten thousand pesos or fractional thereof.
Section 114. Recording of chattel mortgages. A chattel mortgage shall be recorded in the office of the Register of Deeds of the province or city where the mortgagor resides as well as where the property is situated or ordinarily kept.
(e) More than five hundred thousand pesos. When the amount of the mortgage is more than five hundred thousand pesos, one thousand one hundred sixty-two pesos for the initial amount not exceeding five hundred twenty thousand pesos, and thirty pesos for each additional twenty thousand pesos or fractional part thereof: Provided, however, that registration of the mortgage in the province where the property is situated shall be sufficient registration and provided, further, that if the mortgage is to be registered in more than one city or province, the Register of Deeds of the city or province where the instrument is first presented for registration shall collect the full amount of the fees due in accordance with the schedule prescribed above, and the Register of Deeds of the other city of province where the same instrument is also to be registered shall collect only a sum equivalent to twenty per centum of the amount of fees due and paid in the first city of province, but in no case shall the fees payable in any Registry be less than the minimum fixed in this schedule.
Section 115. Manner of recording chattel mortgages. Every Register of Deeds shall keep a Primary Entry Book and a Registration Book for chattel mortgages; shall certify on each mortgage filed for record, as well as on its duplicate, the date, hour, and minute when the same was by him received; and shall record in such books any chattel mortgage, assignment or discharge thereof, and any other instrument relating to a recorded mortgage, and all such instruments shall be presented to him in duplicate, the srcinal to be filed and the duplicate to be returned to the person concerned. The recording of a mortgage shall be effected by making an entry, which shall be given a correlative number, setting forth the names of the mortgagee and the mortgagor, the sum or obligation guaranteed, date of the instrument, name of the notary before whom it was sworn to or acknowledged, and a note that the property mortgaged, as well as the terms and conditions of the mortgage, is mentioned in detail in the instrument filed, giving the proper file number thereof. The recording of other instruments relating to a recorded mortgage shall be effected by way of annotation on the space provided therefor in the Registration Book, after the same shall have been entered in the primary Entry Book.
3. Conveyance of mortgaged property, etc. For recording each instrument of sale, conveyance, or transfer of the property which is subject of a recorded mortgage, or of the assignment of mortgage credit, the fees established in the preceding schedule shall be collected on the bases of ten per centum of the amount of the mortgage or unpaid balance thereof, provided, that the latter is stated in the instrument.
The Register of Deeds shall also certify the officer's return of sale upon any mortgage, making reference upon the record of such officer's return to the volume and page of the record of the mortgage, and a reference of such return on the record of the mortgage itself, and give a certified copy thereof, when requested, upon payment of the legal fees for such copy thereof, when requested, upon payment of the legal fees for such copy and certify upon each mortgage officer's return of sale or discharge of mortgage, and upon any other instrument relating to such a recorded mortgage, both on the srcinal and in the duplicate, the date, hour, and minute when the same is received for record and record such certificate index of mortgagors and mortgagees, which record and index shall be open to public inspection.
4. Notice of attachment. For recording each notice of attachment, including the necessary index and annotations, eight pesos. 5. Release of mortgage. For recording such release of mortgage, including the necessary index and references, the fees established in the schedule under paragraph (b) above shall be collected on the basis of five per centum of the amount of the mortgage. 6. Release of attachment. For recording each release of attachment, including the proper annotations, five pesos.
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7. Sheriff's return of sale. For recording each sheriff's return of sale, including the index and references, seven pesos.
Section 121. Separability clause. In the event that any provision of this Decree is declared unconstitutional, the validity of the remainder shall not be affected thereby.
8. Power of attorney, appointment of guardian, administrator or trustee. For recording a power of attorney, appointment of judicial guardian, administrator, or trustee, or any other instrument in which a person is given power to act in behalf of another in connection with a mortgage, ten pesos.
Section 122. Effectivity. This Decree shall take effect upon its approval. Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
9. No specific fee. For recording each instrument or order relating to a recorded mortgage, including the necessary index and references, for which no specific fee is provided above, five pesos. 10. Certified copy. For certified copies of records, such fees as are allowed by law for copies kept by the Register of Deeds. 11. Certification. For issuing a certificate relative to, or showing the existence or non-existence of an entry in the registration book, or a document on file, words, for each certificate containing not more than two hundred fivesuch pesos; if it exceeds that number, an additional fee of one peso shall be collected for every one hundred words or fractional part thereof, in excess of the first two hundred words. 12. Research Fee. For services rendered in attending to requests for references to, or researches on any document on file in the Registry, there shall be collected a fee of two pesos per document. CHAPTER XV CONSULTAS Section 117. Procedure. When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, or where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument, the question shall be submitted to the Commissioner of Land Registration by the Register of Deeds, or by the party in interest thru the Register of Deeds. Wherenotify the instrument is denied the Register of Deeds shall the interested party registration, in writing, setting forth the defects of the instrument or legal grounds relied upon, and advising him that if he is not agreeable to such ruling, he may, without withdrawing the documents from the Registry, elevate the matter by consulta within five days from receipt of notice of the denial of registration to the Commissioner of Land Registration. The Register of Deeds shall make a memorandum of the pending consulta on the certificate of title which shall be canceled motu proprio by the Register of Deeds after final resolution or decision thereof, or before resolution, if withdrawn by petitioner. The Commissioner of Land Registration, considering the consulta and the records certified to him after notice to the parties and hearing, shall enter an order prescribing the step to be taken or memorandum to be made. His resolution or ruling in consultas shall be conclusive and binding upon all Registers of Deeds, provided, that the party in interest who disagrees with the final resolution, ruling or order of the Commissioner relative to consultas may appeal to the Court of Appeals within the period and in manner provided in Republic Act No. 5434. CHAPTER XVI FINAL PROVISIONS Section 118. Appropriation. There is hereby appropriated initially the sum of TWELVE MILLION THREE HUNDRED FORTY THOUSAND PESOS (P12,340,000.00) from the National Treasury not otherwise appropriated for the implementation of this decree; thereafter, said sum shall be added to the regular appropriation act of every year. Section 119. Postage exemption. No postage stamps or mailing charges shall be required in all matters transmitted by the Land Registration Commission or any of its Registry of Deeds in the implementation of Sections 21, 40, 106, 118 and 117 of this Decree. Section 120. Repealing clause. All laws, decrees, orders, rules and regulations, or parts thereof, in conflict or inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly. 96
I.
RECONSTITUTION AND REISSUANCE OF TITLES
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[knew] the property and I affirm the truth of the testimony given by Mr. Velazco.”[6] The Republic of the Philippines likewise did
not present any evidence to controvert the application.
MALABANAN VS REPUBLIC; APRIL 29,2009 Tinga, J.: II.
Among the evidence presented by Malabanan during trial was a Certification dated 11 June 2001, issued by the Community Environment & Natural Resources Office, Department of Environment and Natural Resources (CENRO-DENR), which
One main reason why the informal sector has not become formal is that from Indonesia to Brazil, 90 percent of the informal lands are not titled and registered. This is a generalized phenomenon in the so-called Third World. And it has many consequences. xxx The question is: How is it that so many governments, from Suharto's in Indonesia to Fujimori's in Peru, have wanted to title these people and have not been able to do so effectively? One reason is that none of the state systems in Asia or Latin America can gather proof of informal titles. In Peru, the informals have
stated that the subject property was “verified to be within the
Alienable or Disposable land per Land Classification Map No. 3013 established under Project No. 20-A and approved as such under FAO 4-1656 on March 15, 1982.”[7] On 3 December 2002, the RTC rendered judgment in favor of Malabanan, the dispositive portion of which reads: WHEREFORE, this Court hereby approves this application for registration and thus places under the operation of Act 141, Act 496
means of proving ownership each other which are not the same means property developed by the toSpanish legal system. The informals have their own papers, their own forms of agreements, and their own systems of registration, all of which are very clearly stated in the maps which they use for their own informal business transactions.
and/or P.D. 1529, otherwise known as Property Lot Registration Law, the lands described in Plan Csd-04-0173123-D, 9864-A and containing an area of Seventy One Thousand Three Hundred Twenty Four (71,324) Square Meters, as supported by its technical description now forming part of the record of this case, in addition to other proofs adduced in the name of MARIO MALABANAN, who is of legal age, Filipino, widower, and with residence at Munting Ilog, Silang, Cavite.
If you take a walk through the countryside, from Indonesia to Peru, and you walk by field after field--in each field a different dog is going to bark at you. Even dogs know what private property is all about. The only one who does not know it is the government. The issue is that there exists a "common law" and an "informal law" which the Latin American formal legal system does not know how to recognize.
Once this Decision becomes final and executory, the corresponding decree of registration shall forthwith issue. SO ORDERED. The Republic interposed an appeal to the Court of Appeals, arguing that Malabanan had failed to prove that the property belonged to the alienable and disposable land of the public domain, and that the RTC had erred in finding that he had been in possession of the property in the manner and for the length of time required by law for confirmation of imperfect title.
- Hernando De Soto[1] This decision inevitably affects all untitled lands currently in possession of persons and entities other than the Philippine government. The petition, while unremarkable as to the facts, was accepted by the Court en banc in order to provide definitive clarity to the applicability and scope of srcinal registration proceedings under Sections 14(1) and 14(2) of the Property Registration Decree. In doing so, the Court confronts not only the relevant provisions of the Public Land Act and the Civil Code, but also the reality on the ground. The countrywide phenomenon of untitled lands, as well as the problem of informal settlement it has spawned, has unfortunately been treated with benign neglect. Yet our current laws are hemmed in by their own circumscriptions in addressing the phenomenon. Still, the duty on our part is primarily to decide cases before us in accord with the Constitution and the legal principles that have developed our public land law, though our social obligations dissuade us from casting a blind eye on the endemic problems. I. On 20 February 1998, Mario Malabanan filed an application for land registration covering a parcel of land identified as Lot 9864-A, Cad-452-D, Silang Cadastre,[2] situated in Barangay Tibig, Silang Cavite, and consisting of 71,324 square meters. Malabanan claimed that he had purchased the property from Eduardo Velazco,[3] and that he and his predecessors-in-interest had been in open, notorious, and continuous adverse and peaceful possession of the land for more than thirty (30) years.
On 23 February 2007, the Court of Appeals rendered a Decision[8] reversing the RTC application Malabanan. The appellate courtand helddismissing that underthe Section 14(1) ofof the Property Registration Decree any period of possession prior to the classification of the lots as alienable and disposable was inconsequential and should be excluded from the computation of the period of possession. Thus, the appellate court noted that since the CENRO-DENR certification had verified that the property was declared alienable and disposable only on 15 March 1982, the Velazcos’ possession prior to that date could not be factored in the
computation of the period of possession. This interpretation of the Court of Appeals of Section 14(1) of the Property Registration Decree was based on the Court’s ruling in Republic v. Herbieto.[9]
Malabanan died while the case was pending with the Court of Appeals;[10] hence, it was his heirs who appealed the decision of the appellate court. Petitioners, before this Court, rely on our ruling in Republic v. Naguit,[11] which was handed down just four months prior to Herbieto. Petitioners suggest that the discussion in Herbieto cited by the Court of Appeals is actually obiter dictum since the Metropolitan Trial Court therein which had directed the registration of the property had no jurisdiction in the first place since the requisite notice of hearing was published only after the hearing had already begun. Naguit, petitioners argue, remains the controlling doctrine, especially when the property in question is agricultural land. Therefore, with respect to agricultural lands, any possession prior to the declaration of the alienable property as disposable may be counted in reckoning the period of possession to perfect title under the Public Land Act and the Property Registration Decree.
The application was raffled to the Regional Trial Court of (RTC) Cavite-Tagaytay City, Branch 18. The Office of the Solicitor General (OSG) duly designated the Assistant Provincial Prosecutor of Cavite, Jose Velazco, Jr., to appear on behalf of the State.[4] Apart from presenting documentary evidence, Malabanan himself and his witness, Aristedes Velazco, testified at the hearing. Velazco testified that the property was srcinally belonged to a twenty-two hectare property owned by his great-grandfather, Lino Velazco. Lino had four sons– Benedicto, Gregorio, Eduardo and Esteban – But by 1966, Esteban’s wife, Magdalena, had become the
The petition was referred to the Court en banc,[12] and on 11 November 2008, the case was heard on oral arguments. The Court formulated the principal issues for the oral arguments, to wit:
Assistant Provincial Prosecutor Jose Velazco, Jr. did not cross-
1. In order that an alienable and disposable land of the public domain may be registered under Section 14(1) of Presidential Decree No. 1529, otherwise known as the Property Registration Decree, should the land be classified as alienable and disposable as of June 12, 1945 or is it sufficient that such classification occur at any time prior to the filing of the applicant for registration provided that it is established that the applicant has been in open,
the fourth being Aristedes’s grandfather. Upon Lino’s death, his
four sons inherited the property and divided it among themselves.
administrator of all the properties inherited by the Velazco sons from their father, Lino. After the death of Esteban and Magdalena, their son Virgilio succeeded them in administering the properties, including Lot 9864-A, which srcinally belonged to his uncle, Eduardo Velazco. It was this property that was sold by Eduardo Velazco to Malabanan.[5] examine Aristedes Velazco. He further manifested that he “also
99
continuous, exclusive and notorious possession of the land under a bona fide claim of ownership since June 12, 1945 or earlier? 2. For purposes of Section 14(2) of the Property Registration Decree may a parcel of land classified as alienable and disposable be deemed private land and therefore susceptible to acquisition by prescription in accordance with the Civil Code? 3. May a parcel of land established as agricultural in character either because of its use or because its slope is below that of forest lands be registrable under Section 14(2) of the Property Registration Decree in relation to the provisions of the Civil Code on acquisitive prescription? 4. Are petitioners entitled to the registration of the subject land in their names under Section 14(1) or Section 14(2) of the Property Registration Decree or both?[13]
of the Public Land Act acknowledges that public lands suitable for agricultural purposes may be disposed of “by confirmation of imperfect or incomplete titles” through “judicial legalization.”[22]
Section 48(b) of the Public Land Act, as amended by P.D. No. 1073, supplies the details and unmistakably grants that right, subject to the requisites stated therein: Sec. 48. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such land or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: xxx (b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the
Based on these issues, the parties formulated their respective positions. With to Naguit Sectionis14(1), petitioners reiterate that analysis of therespect Court in the correct interpretation of the provision. The seemingly contradictory pronouncement in Herbieto, it is submitted, should be considered obiter dictum, since the land registration proceedings therein was void ab initio due to lack of publication of the notice of initial hearing. Petitioners further point out that in Republic v. Bibonia,[14] promulgated in June of 2007, the Court applied Naguit and adopted the same observation that the preferred interpretation by the OSG of Section 14(1) was patently absurd. For its part, the OSG remains insistent that for Section 14(1) to apply, the land should have been classified as alienable and disposable as of 12 June 1945. Apart from Herbieto, the OSG also cites the subsequent rulings in Buenaventura v. Republic,[15] Fieldman Agricultural Trading v. Republic[16] and Republic v. Imperial Credit Corporation,[17] as well as the earlier case of Director of Lands v. Court of Appeals.[18]
public domain, under12,a 1945, bonaor fide claim of acquisition of ownership, since June earlier, immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
With respect to Section 14(2), petitioners submit that open, continuous, exclusive and notorious possession of an alienable land of the public domain for more than 30 years ipso jure converts the land into private property, thus placing it under the coverage of Section 14(2). According to them, it would not matter whether the
alienable and disposable lands of the public domain are a larger
Section 48(b) of Com. Act No. 141 received its present wording in 1977 when the law was amended by P.D. No. 1073. Two significant amendments were introduced by P.D. No. 1073. First, the term “agricultural lands” was changed to “alienable and disposable lands of the public domain.” The OSG submits that this
amendment restricted the scope of the lands that may be registered.[23] This is not actually the case. Under Section 9 of the Public Land Act, “agricultural lands” are a mere subset of “lands of the public domain alienable or open to disposition.” Evidently, class than only “agricultural lands.”
Second, the length of the requisite possession was changed from possession for “thirty (30) years immediately preceding the
land soughtlandtoof the be public registered was previously agricultural domain so long as, at theclassified time of theas application, the property had already been “converted” into private property through prescription. To bolster their argument, petitioners cite extensively from our 2008 ruling in Republic v. T.A.N. Properties.[19]
ion” to possession “since June 12, 1945 or filing of The the Court applicat earlier.” in Naguit explained:
When the Public Land Act was first promulgated in 1936, the period of possession deemed necessary to vest the right to register their title to agricultural lands of the public domain commenced from July 26, 1894. However, this period was amended by R.A. No. 1942, which provided that the bona fide claim of ownership must have been for at least thirty (30) years. Then in 1977, Section 48(b) of the Public Land Act was again amended, this time by P.D. No. 1073, which pegged the reckoning date atJune 12, 1945. xxx
The arguments submitted by the OSG with respect to Section 14(2) are more extensive. The OSG notes that under Article 1113 of the Civil Code, the acquisitive prescription of properties of the State refers to “patrimonial property,” while Section 14(2) speaks of “private lands.” It observes that the Court has yet to decide a case
that presented Section 14(2) as a ground for application for registration, and that the 30-year possession period refers to the period of possession under Section 48(b) of the Public Land Act, and not the concept of prescription under the Civil Code. The OSG further submits that, assuming that the 30-year prescriptive period can run against public lands, said period should be reckoned from the time the public land was declared alienable and disposable.
It bears further observation that Section 48(b) of Com. Act No, 141 is virtually the same as Section 14(1) of the Property Registration Decree. Said Decree codified the various laws relative to the registration of property, including lands of the public domain. It is Section 14(1) that operationalizes the registration of such lands of the public domain. The provision reads: SECTION 14. Who may apply.— The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
Both sides likewise offer special arguments with respect to the particular factual circumstances surrounding the subject property and the ownership thereof. II. First, we discuss Section 14(1) of the Property Registration Decree. For a full understanding of the provision, reference has to be made to the Public Land Act. A. Commonwealth Act No. 141, also known as the Public Land Act, has, since its enactment, governed the classification and disposition of lands of the public domain. The President is authorized, from time to time, to classify the lands of the public domain into alienable and disposable, timber, or mineral lands.[20] Alienable and disposable lands of thepublic domain are further classified according to their uses into (a) agricultural; (b) residential, commercial, industrial, or for similar productive purposes; (c) educational, charitable, or other similar purposes; or (d) reservations for town sites and for public and quasi-public uses.[21]
(1) those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. Notwithstanding the passage of the Property Registration Decree and the inclusion of Section 14(1) therein, the Public Land Act has remained in effect. Both laws commonly refer to persons or their predecessors-in-interest who “have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.” That circumstance may
have led to the impression that one or the other is a redundancy, or that Section 48(b) of the Public Land Act has somehow been repealed or mooted. That is not the case.
May a private person validly seek the registration in his/her name of alienable and disposable lands of the public domain? Section 11 100
Petitioner suggests an interpretation that the alienable and disposable character of the land should have already been established since June 12, 1945 or earlier. This is not borne out by
The opening clauses of Section 48 of the Public Land Act and Section 14 of the Property Registration Decree warrant comparison:
the plain meaning of Section 14(1). “Since June 12, 1945,” as used in the provision, qualifies its antecedent phrase “under a onafide b claim of ownership.” Generally speaking, qualifying words restrict
Sec. 48 [of the Public Land Act]. The following described citizens of the Philippines, occupying lands of the public domain or claiming to own any such land or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: xxx Sec. 14 [of the Property Registration Decree]. Who may apply. — The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: xxx It is clear that Section 48 of the Public Land Act is more descriptive
or modify only the words or phrases to which they are immediately associated, and not those distantly or remotely located.[25] Ad proximum antecedents fiat relation nisi impediatur sentencia. Besides, we are mindful of the absurdity that would result if we adopt petitioner’s position. Absent a legislative amendment, the rule would be, adopting the OSG’s view, that all
lands of the public domain which were not declared alienable or disposable before June 12, 1945 would not be susceptible to srcinal registration, no matter the length of unchallenged possession by the occupant. Such interpretation renders paragraph
of the right enjoyed by the possessor Section 14the of the the nature Property Registration Decree, which seemsthan to presume pre-existence of the right, rather than establishing the right itself for the first time. It is proper to assert that it is the Public Land Act, as amended by P.D. No. 1073 effective 25 January 1977, that has primarily established the right of a Filipino citizen who has been
(1) of Section 14 giving virtually inoperative even precludes the government from it effect even asand it decides to reclassify public agricultural lands as alienable and disposable. The unreasonableness of the situation would even be aggravated considering that before June 12, 1945, the Philippines was not yet even considered an independent state.
“in open, continuous, exclusive, and notorious possession and
occupation of alienable and disposable lands of the public domain, under a bona fide claim of acquisition of ownership, since June 12,
Accordingly, the Court in Naguit explained: [T]he more reasonable interpretation of Section 14(1) is that it merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed. If the State, at the time the application is made, has not yet deemed it proper to release the property for alienation or disposition, the presumption is that the government is still reserving the right to utilize the property; hence, the need to preserve its ownership in the State irrespective of the length of adverse possession even if in good faith. However, if the property has already been classified as alienable and disposable, as it is in this case, then there is already an intention on the part of the State to abdicate its exclusive prerogative over the property.
1945” to perfect or complete his title by applying with the proper
court for the confirmation of his ownership claim and the issuance of the corresponding certificate of title. Section 48 can be viewed in conjunction with the afore-quoted Section 11 of the Public Land Act, which provides that public lands suitable for agricultural purposes may be disposed of by confirmation of imperfect or incomplete titles, and given the notion that both provisions declare that it is indeed the Public Land Act that primarily establishes the substantive ownership of the possessor who has been in possession of the property since 12 June 1945. In turn, Section 14(a) of the Property Registration Decree recognizes the substantive right granted under Section 48(b) ofregistration the Public Land Act, asforwell corresponding srcinal procedure theprovides judicial the confirmation of an imperfect or incomplete title.
The Court declares that theincorrect of Section 14(1) is that which was adopted Naguit.interpretation The contrary pronouncement in Herbieto, as pointed out in Naguit, absurdly limits the application of the provision to the point of virtual inutility since it would only cover lands actually declared alienable and disposable prior to 12 June 1945, even if the current possessor is able to establish open, continuous, exclusive and notorious possession under a bona fide claim of ownership long before that date.
There is another limitation to the right granted under Section 48(b). Section 47 of the Public Land Act limits the period within which one may exercise the right to seek registration under Section 48. The provision has been amended several times, most recently by Rep. Act No. 9176 in 2002. It currently reads thus:
Moreover, the Naguit interpretation allows more possessors under a bona fide claim of ownership to avail of judicial confirmation of their imperfect titles than what would be feasible under Herbieto. This balancing fact is significant, especially considering our forthcoming discussion on the scope and reach of Section 14(2) of the Property Registration Decree.
Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several periods of time designated by the President in accordance with Section Forty-Five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior to the period fixed by the President.[24]
Petitioners make the salient observation that the contradictory passages from Herbieto are obiter dicta since the land registration proceedings therein is void ab initio in the first place due to lack of the requisite publication of the notice of initial hearing. There is no need to explicitly overturn Herbieto, as it suffices that the Court’s
acknowledgment that the particular line of argument used therein concerning Section 14(1) is indeed obiter.
Accordingly under the current state of the law, the substantive right granted under Section 48(b) may be availed of only until 31 December 2020.
It may be noted that in the subsequent case of Buenaventura,[26] the Court, citing Herbieto, again stated that “[a]ny period of
B. Despite the clear text of Section 48(b) of the Public Land Act, as amended and Section 14(a) of the Property Registration Decree, the OSG has adopted the position that for one to acquire the right to seek registration of an alienable and disposable land of the public domain, it is not enough that the applicant and his/her predecessors-in-interest be in possession under a bona fide claim of ownership since 12 June 1945; the alienable and disposable character of the property must have been declared also as of 12
possession prior to the date when the [s]ubject [property was] classified as alienable and disposable is inconsequential and should be excluded from the computation of the period of possession…”
That statement, in the context of Section 14(1), is certainly erroneous. Nonetheless, the passage as cited in Buenaventura should again be considered as obiter. The application therein was ultimately granted, citing Section 14(2). The evidence submitted by petitioners therein did not establish any mode of possession on their part prior to 1948, thereby precluding the application of Section 14(1). It is not even apparent from the decision whether petitioners therein had claimed entitlement to srcinal registration following Section 14(1), their position being that they had been in exclusive possession under a bona fide claim of ownership for over fifty (50) years, but not before 12 June 1945.
June 1945. Following the OSG’s approach, all lands certified as
alienable and disposable after 12 June 1945 cannot be registered either under Section 14(1) of the Property Registration Decree or Section 48(b) of the Public Land Act as amended. The absurdity of such an implication was discussed in Naguit.
101
xxx (2) Those who have acquired ownership over private lands by prescription under the provisions of existing laws.
Thus, neither Herbieto nor its principal discipular ruling Buenaventura has any precedental value with respect to Section 14(1). On the other hand, the ratio of Naguit is embedded in Section 14(1), since it precisely involved situation wherein the applicant had been in exclusive possession under a bona fide claim of ownership prior to 12 June 1945. The Court’s interpretation of
The Court in Naguit offered the following discussion concerning Section 14(2), which we did even then recognize, and still do, to be an obiter dictum, but we nonetheless refer to it as material for further discussion, thus:
We noted in Naguit that it should be distinguished from Bracewell v. Court of Appeals[27] since in the latter, the application for registration had been filed before the land was declared alienable or disposable. The dissent though pronounces Bracewell as the better rule between the two. Yet two years after Bracewell, its ponente, the esteemed Justice Consuelo YnaresSantiago, penned the ruling in Republic v. Ceniza,[28] which involved a claim of possession that extended back to 1927 over a
Did the enactment of the Property Registration Decree and the amendatory P.D. No. 1073 preclude the application for registration of alienable lands of the public domain, possession over which commenced only after June 12, 1945? It did not, considering Section 14(2) of the Property Registration Decree, which governs
public domain thatBracewell, was declared alienable and disposable in 1980. Cenizaland cited quoted extensively from it, only and following the mindset of the dissent, the attempt at registration in Ceniza should have failed. Not so.
Prescription is one of the modes of acquiring ownership under the Civil Code.[[30]] There is a consistent jurisprudential rule that properties classified as alienable public land may be converted into private property by reason of open, continuous and exclusive possession of at least thirty (30) years.[[31]] With such conversion,
Section 14(1) therein was decisive to the resolution of the case. Any doubt as to which between Naguit or Herbieto provides the final word of the Court on Section 14(1) is now settled in favor of Naguit.
and authorizes the application of “those who have acquired
ownership of private lands by prescription under the provisions of existing laws.”
To prove that the land subject of an application for registration is alienable, an applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute.
such property may now fall within the contemplation of “private lands” under Section 14(2), and thus susceptible to registration by
those who have acquired ownership through prescription. Thus, even if possession of the alienable public land commenced on a date later than June 12, 1945, and such possession being been open, continuous and exclusive, then the possessor may have the right to register the land by virtue of Section 14(2) of the Property Registration Decree.
In this case, private respondents presented a certification dated November 25, 1994, issued by Eduardo M. Inting, the Community Environment and Natural Resources Officer in the Department of Environment and Natural Resources Office in Cebu City, stating that the lots involved were "found to be within the alienable and disposable (sic) Block-I, Land Classification Project No. 32-A, per map 2962 4-I555 dated December 9, 1980." This is sufficient evidence to show the real character of the land subject of private
Naguit did not involve the application of Section 14(2), unlike in this case where petitioners have based their registration bid primarily on that provision, and where the evidence definitively establishes their claim of possession only as far back as 1948. It is in this case that we can properly appreciate the nuances of the provision. A.
respondents’ application. Further, the certification enjoys a
presumption of regularity in the absence of contradictory evidence, which is true in this case. Worth noting also was the observation of the Court of Appeals stating that: [n]o opposition was filed by the Bureaus of Lands and Forestry to contest the application of appellees on the ground that the property still forms part of the public domain. Nor is there any showing that the lots in question are forestal land....
The obiter in Naguit Code provisions on prescription as the possiblecited basistheforCivil application for srcinal registration under Section 14(2). Specifically, it is Article 1113 which provides legal foundation for the application. It reads: All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription.
Thus, while the Court of Appeals erred in ruling that mere possession of public land for the period required by law would entitle its occupant to a confirmation of imperfect title, it did not err in ruling in favor of private respondents as far as the first requirement in Section 48(b) of the Public Land Act is concerned, for they were able to overcome the burden of proving the alienability of the land subject of their application.
It is clear under the Civil Code that where lands of the public domain are patrimonial in character, they are susceptible to acquisitive prescription. On the other hand, among the public domain lands that are not susceptible to acquisitive prescription are timber lands and mineral lands. The Constitution itself proscribes private ownership of timber or mineral lands.
As correctly found by the Court of Appeals, private respondents were able to prove their open, continuous, exclusive and notorious possession of the subject land even before the year 1927. As a rule, we are bound by the factual findings of the Court of Appeals. Although there are exceptions, petitioner did not show that this is one of them.[29]
There are in fact several provisions in the Civil Code concerning the acquisition of real property through prescription. Ownership of real property may be acquired by ordinary prescription of ten (10) years,[32] or through extraordinary prescription of thirty (30) years.[33] Ordinary acquisitive prescription requires possession in good faith,[34] as well as just title.[35]
Why did the Court in Ceniza, through the same eminent member who authored Bracewell, sanction the registration under Section 48(b) of public domain lands declared alienable or disposable thirty-five (35) years and 180 days after 12 June 1945? The telling difference is that in Ceniza, the application for registration was filed nearly six (6) years after the land had been declared alienable or disposable, while in Bracewell, the application was filed nine (9) years before the land was declared alienable or disposable. That crucial difference was also stressed in Naguit to contradistinguish it from Bracewell, a difference which the dissent seeks to belittle. III.
When Section 14(2) of the Property Registration Decree explicitly provides that persons “who have acquired ownership over private lands by prescription under the provisions of existing laws,” it
unmistakably refers to the Civil Code as a valid basis for the registration of lands. The Civil Code is the only existing law that specifically allows the acquisition by prescription of private lands, including patrimonial property belonging to the State. Thus, the critical question that needs affirmation is whether Section 14(2) does encompass srcinal registration proceedings over patrimonial property of the State, which a private person has acquired through prescription.
We next ascertain the correct framework of analysis with respect to Section 14(2). The provision reads:
The Naguit obiter had adverted to a frequently reiterated jurisprudence holding that properties classified as alienable public land may be converted into private property by reason of open, continuous and exclusive possession of at least thirty (30) years.[36] Yet if we ascertain the source of the “thirty -year” period, additional complexities relating to Section 14(2) and to how exactly
SECTION 14. Who may apply.— The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: 102
it operates would emerge. For there are in fact two distinct srcins of the thirty (30)-year rule.
The critical qualification under Article 1113 of the Civil Code is thus: “[p]roperty of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription.”
The first source is Rep. Act No. 1942, enacted in 1957, which amended Section 48(b) of the Public Land Act by granting the right to seek srcinal registration of alienable public lands through possession in the concept of an owner for at least thirty years.
The identification what consists of patrimonial property is provided by Articles 420 and 421, which we quote in full: Art. 420. The following things are property of public dominion:
The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit: xxx
xxx
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.
xxx
Art. 421. All other property of the State, which is not of the
(b) Those whobeen by in themselves or throughexclusive their predecessors in interest have open, continuous, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this Chapter. (emphasis supplied)[37]
character stated in the preceding article, is patrimonial property It is clear that property of public dominion, which generally includes property belonging to the State, cannot be the object of prescription or, indeed, be subject of the commerce of man.[39] Lands of the public domain, whether declared alienable and disposable or not, are property of public dominion and thus insusceptible to acquisition by prescription. Let us now explore the effects under the Civil Code of a declaration by the President or any duly authorized government officer of alienability and disposability of lands of the public domain. Would such lands so declared alienable and disposable be converted, under the Civil Code, from property of the public dominion into patrimonial property? After all, by connotative definition, alienable and disposable lands may be the object of the commerce of man; Article 1113 provides that all things within the commerce of man are susceptible to prescription; and the same provision further provides that patrimonial property of the State may be acquired by prescription.
This provision was repealed in 1977 with the enactment of P.D. 1073, which made the date 12 June 1945 the reckoning point for the first time. Nonetheless, applications for registration filed prior to 1977 could have invoked the 30-year rule introduced by Rep. Act No. 1942. The second source is Section 14(2) of P.D. 1529 itself, at least by implication, as it applies the rules on prescription under the Civil Code, particularly Article 1113 in relation to Article 1137. Note that there are two kinds of prescription under the Civil Code –ordinary acquisitive prescription and extraordinary acquisitive prescription,
Nonetheless, Article 422 of the Civil Code states that “[p]roperty of
public service, dominion, when longer intended for public use of or the for public shall formnopart of the patrimonial property
which, under Article 1137, is completed “through uninterrupted adverse possession… for thirty years, without need of title or of good faith.”
State.”
It is this provision that controls how public dominion
property may be converted into patrimonial property susceptible to acquisition by prescription. After all, Article 420 (2) makes clear
Obviously, the first source of the thirty (30)-year period rule, Rep. Act No. 1942, became unavailable after 1977. At present, the only legal basis for the thirty (30)-year period is the law on prescription under the Civil Code, as mandated under Section 14(2). However, there is a material difference between how the thirty (30)-year rule operated under Rep. Act No. 1942 and how it did under the Civil Code.
that those property “which belong to the State, without being for
public use, and are intended for some public service or for the development of the national wealth” are public dominion property.
For as long as the property belongs to the State, although already classified as alienable or disposable, it remains property of the public dominion if when it is “intended for some public service or for the development of the national wealth”.
Section 48(b) of the Public Land Act, as amended by Rep. Act No. 1942, did not refer to or call into application the Civil Code provisions on prescription. It merely set forth a requisite thirtyyear possession period immediately preceding the application for confirmation of title, without any qualification as to whether the property should be declared alienable at the beginning of, and continue as such, throughout the entire thirty-(30) years. There is neither statutory nor jurisprudential basis to assert Rep. Act No. 1942 had mandated such a requirement,[38] similar to our earlier finding with respect to the present language of Section 48(b), which now sets 12 June 1945 as the point of reference.
Accordingly, there must be an express declaration by the State that the public dominion property is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial. Without such express declaration, the property, even if classified as alienable or disposable, remains property of the public dominion, pursuant to Article 420(2), and thus incapable of acquisition by prescription. It is only when such alienable and disposable lands are expressly declared by the State to be no longer intended for public service or for the development of the national wealth that the period of acquisitive prescription can begin to run. Such declaration shall be in the form of a law duly enacted by Congress or a Presidential Proclamation in cases where the President is duly authorized by law.
Then, with the repeal of Rep. Act No. 1942, the thirty-year possession period as basis for srcinal registration became Section 14(2) of the Property Registration Decree, which entitled those “who have acquired ownership over private lands by prescription under the provisions of existing laws” to apply for srcinal
It is comprehensible with ease that this reading of Section 14(2) of the Property Registration Decree limits its scope and reach and thus affects the registrability even of lands already declared alienable and disposable to the detriment of the bona fide possessors or occupants claiming title to the lands. Yet this interpretation is in accord with the Regalian doctrine and its concomitant assumption that all lands owned by the State, although declared alienable or disposable, remain as such and ought to be used only by the Government.
registration. Again, the thirty-year period is derived from the rule on extraordinary prescription under Article 1137 of the Civil Code. At the same time, Section 14(2) puts into operation the entire regime of prescription under the Civil Code, a fact which does not hold true with respect to Section 14(1). B. Unlike Section 14(1), Section 14(2) explicitly refers to the principles on prescription under existing laws. Accordingly, we are impelled to apply the civil law concept of prescription, as set forth in the Civil Code, in our interpretation of Section 14(2). There is no similar demand on our part in the case of Section 14(1).
Recourse does not lie with this Court in the matter. The duty of the Court is to apply the Constitution and the laws in accordance with their language and intent. The remedy is to change the law, which is the province of the legislative branch. Congress can very well be 103
entreated to amend Section 14(2) of the Property Registration Decree and pertinent provisions of the Civil Code to liberalize the requirements for judicial confirmation of imperfect or incomplete titles. an actual example. Republic Act No. 7227, entitled “An Act
is just one of numerous statutes, neither superior nor inferior to other statutes such as the Property Registration Decree. The legislative branch is not bound to adhere to the framework set forth by the Civil Code when it enacts subsequent legislation. Section 14(2) manifests a clear intent to interrelate the registration allowed under that provision with the Civil Code, but no such intent exists with respect to Section 14(1).
Productive Uses, etc.,” is more commonly known as the BCDA law.
IV.
The operation of the foregoing interpretation can be illustrated by Accelerating The Conversion Of Military Reservations Into Other
Section 2 of the law authorizes the sale of certain military reservations and portions of military camps in Metro Manila, including Fort Bonifacio and Villamor Air Base. For purposes of effecting the sale of the military camps, the law mandates the President to transfer such military lands to the Bases Conversion Development Authority (BCDA)[40] which in turn is authorized to own, hold and/or administer them.[41] The President is authorized to sell portions of the military camps, in whole or in part.[42] Accordingly, the BCDA law itself declares that the military lands
One of the keys to understanding the framework we set forth today is seeing how our land registration procedures correlate with our law on prescription, which, under the Civil Code, is one of the modes for acquiring ownership over property. The Civil Code makes it clear that patrimonial property of the State may be acquired by private persons through prescription. This is brought about by Article 1113, which states that “[a]ll things
which are within the commerce of man are susceptible to prescription,” and that [p]roperty of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription.”
subject thereof are “alienable disposable pursuant to ofthe provisions of existing laws and and regulations governing sales government properties.”[43]
There are two modes of prescription through which immovables may be acquired under the Civil Code. The first is ordinary acquisitive prescription, which, under Article 1117, requires possession in good faith and with just title; and, under Article 1134, is completed through possession of ten (10) years. There is nothing in the Civil Code that bars a person from acquiring patrimonial property of the State through ordinary acquisitive prescription, nor is there any apparent reason to impose such a rule. At the same time, there are indispensable requisites–good faith and just title. The ascertainment of good faith involves the application of Articles 526, 527, and 528, as well as Article 1127 of the Civil Code,[45] provisions that more or less speak for themselves.
From the moment the BCDA law was enacted the subject military lands have become alienable and disposable. However, said lands did not become patrimonial, as the BCDA law itself expressly makes the reservation that these lands are to be sold in order to raise funds for the conversion of the former American bases at Clark and Subic.[44] Such purpose can be tied to either “public service” or “the development of national wealth” under Article
420(2). Thus, at that time, the lands remained property of the public dominion under Article 420(2), notwithstanding their status as alienable and disposable. It is upon their sale as authorized under the BCDA law to a private person or entity that such lands become private property and cease to be property of the public dominion.
On the other hand, the concept of just title requires some clarification. Under Article 1129, there is just title for the purposes
C.Should public domain lands become patrimonial because they are declared as such in a duly enacted law or duly promulgated proclamation that they are no longer intended for public service or for the development of the national wealth, would the period of
of prescription “when the adverse claimant came into possession of
the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was
possession prior to the conversion of such public dominion patrimonial be reckoned in counting the prescriptive periodinto in favor of the possessors? We rule in the negative.
not the owner or could not transmit any right.” Dr. Tolentino
explains:
Just title is an act which has for its purpose the transmission of ownership, and which would have actually transferred ownership if the grantor had been the owner. This vice or defect is the one cured by prescription. Examples: sale with delivery, exchange, donation, succession, and dacion in payment.[46]
The limitation imposed by Article 1113 dissuades us from ruling that the period of possession before the public domain land becomes patrimonial may be counted for the purpose of completing the prescriptive period. Possession of public dominion property before it becomes patrimonial cannot be the object of prescription according to the Civil Code. As the application for registration under Section 14(2) falls wholly within the framework of prescription under the Civil Code, there is no way that possession during the time that the land was still classified as public dominion property can be counted to meet the requisites of acquisitive prescription and justify registration.
The OSG submits that the requirement of just title necessarily precludes the applicability of ordinary acquisitive prescription to patrimonial property. The major premise for the argument is that “the State, as the owner and grantor, could not transmit ownership
to the possessor before the completion of the required period of
possession.”[47] It is evident that the OSG erred when it assumed
that the grantor referred to in Article 1129 is the State. The grantor is the one from whom the person invoking ordinary acquisitive prescription derived the title, whether by sale, exchange, donation, succession or any other mode of the acquisition of ownership or other real rights.
Are we being inconsistent in applying divergent rules for Section 14(1) and Section 14(2)? There is no inconsistency. Section 14(1) mandates registration on the basis of possession, while Section 14(2) entitles registration on the basis of prescription. Registration under Section 14(1) is extended under the aegis of the Property Registration Decree and the Public Land Act while registration under Section 14(2) is made available both by the Property Registration Decree and the Civil Code.
Earlier, we made it clear that, whether under ordinary prescription or extraordinary prescription, the period of possession preceding the classification of public dominion lands as patrimonial cannot be counted for the purpose of computing prescription. But after the property has been become patrimonial, the period of prescription begins to run in favor of the possessor. Once the requisite period has been completed, two legal events ensue: (1) the patrimonial property is ipso jure converted into private land; and (2) the person in possession for the periods prescribed under the Civil Code acquires ownership of the property by operation of the Civil Code.
In the same manner, we can distinguish between the thirtyyear period under Section 48(b) of the Public Land Act, as amended by Rep. Act No. 1472, and the thirty-year period available through Section 14(2) of the Property Registration Decree in relation to Article 1137 of the Civil Code. The period under the former speaks of a thirty-year period of possession, while the period under the latter concerns a thirty-year period of extraordinary prescription. Registration under Section 48(b) of the Public Land Act as amended by Rep. Act No. 1472 is based on thirty years of possession alone without regard to the Civil Code, while the registration under Section 14(2) of the Property Registration Decree is founded on extraordinary prescription under the Civil Code.
It is evident that once the possessor automatically becomes the owner of the converted patrimonial property, the ideal next step is the registration of the property under the Torrens system. It should be remembered that registration of property is not a mode of acquisition of ownership, but merely a mode of confirmation of ownership.[48]
It may be asked why the principles of prescription under the Civil Code should not apply as well to Section 14(1). Notwithstanding the vaunted status of the Civil Code, it ultimately
Looking back at the registration regime prior to the adoption of the Property Registration Decree in 1977, it is apparent that the 104
registration system then did not fully accommodate the acquisition of ownership of patrimonial property under the Civil Code. What the system accommodated was the confirmation of imperfect title brought about by the completion of a period of possession ordained under the Public Land Act (either 30 years following Rep. Act No. 1942, or since 12 June 1945 following P.D. No. 1073).
Neither can petitioners properly invoke Section 14(2) as basis for registration. While the subject property was declared as alienable or disposable in 1982, there is no competent evidence that is no longer intended for public use service or for the development of the national evidence, conformably with Article 422 of the Civil Code. The classification of the subject property as alienable and disposable land of the public domain does not change its status as property of the public dominion under Article 420(2) of the Civil Code. Thus, it is insusceptible to acquisition by prescription.
The Land Registration Act[49] was noticeably silent on the requisites for alienable public lands acquired through ordinary prescription under the Civil Code, though it arguably did not preclude such registration.[50] Still, the gap was lamentable, considering that the Civil Code, by itself, establishes ownership over the patrimonial property of persons who have completed the prescriptive periods ordained therein. The gap was finally closed with the adoption of the Property Registration Decree in 1977, with Section 14(2) thereof expressly authorizing srcinal registration in favor of persons who have acquired ownership over private lands by prescription under the provisions of existing laws, that is, the
VI. A final word. The Court is comfortable with the correctness of the legal doctrines established in this decision. Nonetheless, discomfiture over the implications of today’s ruling cannot be
discounted. For, every untitled property that is occupied in the country will be affected by this ruling. The social implications
Civil Code as of now. V. We synthesize the doctrines laid down in this case, as follows:
cannotresponsibility be dismissed to lightly, and thepeople Court would be abdicating its social the Filipino if we simply levied the law without comment.
(1) In connection with Section 14(1) of the Property Registration Decree, Section 48(b) of the Public Land Act
The informal settlement of public lands, whether declared alienable or not, is a phenomenon tied to long-standing habit and cultural acquiescence, and is common among the socalled “Third
recognizes and confirms that “those who by themselves or through
World” countries. This paradigm powerfully evokes the disconnect
their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain, under a bona fide claim
between a legal system and the reality on the ground. The law so far has been unable to bridge that gap. Alternative means of acquisition of these public domain lands, such as through homestead or free patent, have
of acquisition of ownership, since June 12, 1945” have acquired
ownership of, and registrable title to, such lands based on the length and quality of their possession.
proven unattractive due to limitations imposed on the grantee in the encumbrance or alienation of said properties.[52] Judicial confirmation of imperfect title has emerged as the most viable, if not the most attractive means to regularize the informal settlement of alienable or disposable lands of the public domain, yet even that system, as revealed in this decision, has considerable limits.
(a) Since Section 48(b) merely requires possession since 12 June 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession, the possessor is entitled to secure judicial confirmation of his title thereto as soon as it is declared alienable and disposable, subject to the timeframe imposed by Section 47 of the Public Land Act.[51]
There are millions upon millions of Filipinos who have individually or exclusively held residential lands on which they
(b) The right under Public Land Act to is register further granted confirmed by Section Section48(b) 14(1) ofofthe the Property Registration Decree.
have lived and raised their offamilies. morehands. have tilled made productive idle lands the StateMany with their Theyand have been regarded for generation by their families and their communities as common law owners. There is much to be said about the virtues of according them legitimate states. Yet such virtues are not for the Court to translate into positive law, as the law itself considered such lands as property of the public dominion. It could only be up to Congress to set forth a new phase of land reform to sensibly regularize and formalize the settlement of such lands which in legal theory are lands of the public domain before the problem becomes insoluble. This could be accomplished, to cite two examples, by liberalizing the standards for judicial confirmation of imperfect title, or amending the Civil Code itself to ease the requisites for the conversion of public dominion property into patrimonial.
(2) In complying with Section 14(2) of the Property Registration Decree, consider that under the Civil Code, prescription is recognized as a mode of acquiring ownership of patrimonial property. However, public domain lands become only patrimonial property not only with a declaration that these are alienable or disposable. There must alsobe an express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth, under Article 422 of the Civil Code. And only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public dominion begin to run. (a) Patrimonial property is private property of the government. The person acquires ownership of patrimonial property by prescription under the Civil Code is entitled to secure registration thereof under Section 14(2) of the Property Registration Decree.
One’s sense of security over land rights infuses into every aspect of well-being not only of that individual, but also to the person’s
family. Once that sense of security is deprived, life and livelihood are put on stasis. It is for the political branches to bring welcome closure to the long pestering problem.
(b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and other extraordinary. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through possession for at least ten (10) years, in good faith and with just title. Under
WHEREFORE, the Petition is DENIED. The Decision of the Court of Appeals dated 23 February 2007 and Resolution dated 2 October 2007 are AFFIRMED. No pronouncement as to costs. SO ORDERED.
extraordinary acquisitive prescription, a person’s uninterrupted
adverse possession of patrimonial property for at least thirty (30) years, regardless of good faith or just title, ripens into ownership.
[5]The trial court decision identified Eduardo Velazco as the vendor of the property, notwithstanding the srcinal allegation in the application that Malabanan purchased the same from Virgilio Velazco. See note 3. In his subsequent pleadings, including those before this Court, Malabanan or his heirs stated that the property was purchased from Eduardo Velazco, and not Virgilio. On this point, the appellate court made this observation:
B.
We now apply the above-stated doctrines to the case at bar. It is clear that the evidence of petitioners is insufficient to establish that Malabanan has acquired ownership over the subject property under Section 48(b) of the Public Land Act. There is no substantive evidence to establish that Malabanan or petitioners as his predecessors-in-interest have been in possession of the property since 12 June 1945 or earlier. The earliest that petitioners can date back their possession, according to their own evidence — the Tax Declarations they presented in particular —is to the year 1948. Thus, they cannot avail themselves of registration under Section 14(1) of the Property Registration Decree.
“More importantly, Malabanan failed to prove his ownership over
Lot 9864-A. In his application for al nd registration, Malabanan alleged that he purchased the subject lot from Virgilio Velazco. During the trial of the case, however, Malabanan testified that he purchased the subject lot from Eduardo Velazco, which was corroborated by his witness, Aristedes Velazco, a son of Virgilio 105
Velazco, who stated that Eduardo was a brother of his grandfather. As aptly observed by the Republic, no copy of the deed of sale covering Lot 9864-A, executed either by Virgilio or Eduardo Velazco, in favor of Malabanan was marked and offered in evidence. In the appealed Decision, the court a quo mentioned of a deed of sale executed in 1995 by Eduardo Velazco in favor of Malabanan which wasallegedly marked asExhibit “I.” It appears, however, that what was provisionally marked as Exhibit “I” was a
photocopy of the deed of sale executed by Virgilio Velazco in favor of Leila Benitez and Benjamin Reyes. Section 34, Rule 132of the Rules of Court provides that the court shall consider no evidence which has not been formally offered. The offer is necessary because it is the duty of a judge to rest his findings of facts and his judgment only and strictly upon the evidence offered by the parties at the trial. Thus, Malabanan has not proved that Virgilio or Eduardo Velazco was his predecessor-in-interest.” Rollo, pp. 3940. [52]See Section 118, Com. Act No. 141, as amended. “Except in favor of the Government or any of its branches, units, or
institutions, lands acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period, but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations.
No alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Commerce, which approval shall not be denied except on constitutional and legal grounds.”
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