PUBLIC PUBLIC LAND ACT (COMMONW (COMMONWEAL EALTH ACT NO. 141)
exploration, exploration, development, utilization, utilization, and conversion of the countr).s natural resources
HISTORICAL BACKGROUND ACT ACT NO. NO. 926 926 – th th !"#t !"#t P$%& P$%&' ' L*+ L*+ At, At, Prescribed Prescribed rules and regulation regulation of the homesteading, selling and leasing of portions of the public domain, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the islands Also provided for the issuance of patents to certain nativ e settlers upon public lands for the establishment of town sites and sale of lots therein, for the completi completion on of imperfec imperfectt titles titles and for the cancellation or conrmation of Spanish concessions and grants in the islands
PUBLIC PUBLIC LANDS LANDS ALIENABL ALIENABLE E AND DISPOSAB DISPOSABLE LE LANDS IN GENERAL Publi Public c Lands Lands refe refers rs to such such lands lands of the public public domain as are sub+ect to alienation and disposal of the State in accordance with the Public Land Act
REGALIAN DOCTRINE (St'0* 2, A"t'& 5II)
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ACT ACT NO. 2-4 2-4 / The second Public Land Act was more more comp compre rehe hens nsiv ive e in scop scope e but but limi limite ted d the the exploit exploitatio ation n of agricul agricultura turall lands lands to Filipinos ilipinos and Americans and citizens of other countries which gave Filipinos same privileges
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PUBLIC PUBLIC LAND ACT (COMMONW (COMMONWEAL EALTH ACT 141) !nacted on "ovember #, $%&' (ran (rants ts of publ public ic land lands s are are brou brough ghtt unde underr operation of the Torrens s)stem of registration *ts *ts prov provis isio ions ns gove goverrn the the clas classi sic cat atio ion n disposition of lands of the public domain other timber and mineral lands
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the the
STATE Shall ensure, for the benet of the Filipino people, the full full explo explora ratio tion n and and devel developm opment ent as well well as the +udicious disposition, disposition, utilization, utilization, management, management, renewal renewal and conserva conservation tion of the countr). countr).s s forest, forest, mineral, mineral, land, land, waters waters and other other natural natural resour resources, ces, cons consiisten stentt with with the the ob+e ob+ect ctiv ive e of ma/i ma/ing ng the the explora exploration tion,, develop development ment and utilizati utilization on of such natu natura rall resou esourc rces es eui euita tabl bl) ) acce access ssib ible le to the the di0erent segments of the present as well as future generations Shall recognize and appl) a true value s)stem that ta/es ta/es into account account social social and environ environment mental al cost implications relative to the utilization, development and conservation of our natural resources DEPARTMENT O3 ENIRONMENT AND NATURAL REOURCES (DENR)
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Shall be primaril) responsible responsible for the implementation of the foregoing polic) Shal Shalll be inch inchar arge ge of carr carr)i )ing ng out out the the Stat State. e.s s constitutional mandate to control and supervise the
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ALIENATION O3 NATURAL RESOURCES G*" G*"&& R$& R$& All natur natural al 1A""2T be alienated E7t'0* Agricultural lands
reso resour urce ces s
and and that
POLIC CONSIDERATIONS
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NO.
N0t N0t Public land patents when dul) registered are veritable Torrens titles, the) become private propert) whic which h can can no long longer er be sub+ sub+ec ectt of subs subse eue uent nt disposition b) the -irector of Lands
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All lands and other natural resources are owned b) the State All All lands lands not not appea appearin ring g to be clear clearl) l) of privat private e dominion presumptivel) belong to the State Public lands not shown to have been reclassied or released as alienable agricultural land or alienated to a priva private te perso person n b) the State remai remain n part part of the inalienable public domain *t reserves to the State all natural wealth that ma) be found in the bowels of the earth even if the land where the discover) is made private
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E5PLORATION, DEELOPMENT UTILI8ATION O3 NATURAL RESOURCES
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Shall be under the full control and supervision of the State - The state ma) -*3!1TL4 5"-!3T 5"-!3TA6! such activities or the state ma) enter into 127P32-51T*2", 82*"T 9!"T53! 23 P32-51T*2"7S:A3*"( arrangements
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DISTI ISTIN NCTIO CTION N DOMINIUM.
BETW BETWE EEN
IMPE MPERIU RIUM
AND AND
I7"'$ 7 I7"'$ 7 (overnment authorit) possessed b) the State which is appropriatel) embraced in sovereignt) D0'*' D0'*'$ $ / The capacit) of the State to own and acuire propert) propert) 7 *t refer refers s to lands lands held b) the govern governmen mentt in a prop propri riet etar ar) ) char charac acte terr; can can prov provid ide e for for the the expl exploit oitati ation on and and use of land lands s and and other other natura naturall resources N0t N0t "o public land can be acuir acuired ed b) private person without an) grant, express or implied, from the government THE IPRA AND NATIE TITLE OER ANCESTRAL LANDS AND ANCESTRAL DOMAINS *ndigeno *ndigenous us people people ma) obtain obtain the recogn recognitio ition n of owne owners rshi hip p over over ance ancest stra rall land lands s and and ance ancest stra rall
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domains b) virtue of native title< this is an exception to the theor) of jura of jura regalia. regalia. c ANCESTRAL LANDS = LANDS = It ":"# t0 &*+# 0$7'+ %; '*+' '*+'<' <'+$ +$& &#, #, :' :'&' &'# # *+ *+ &* &*# # =h0 =h0 " " %"# %"# 0: '*+'>*0$# '*+'>*0$# $&t$"& $&t$"& 0$*'t' 0$*'t'# # includin including g residen residential tial lots, lots, rice terrace terraces s or paddies paddies,, private forest, swidden farms and tree lots 7 These These lands lands reuir reuired ed to have have been been occupi occupied, ed, posse possesse ssed d and utili utilized zed b) them them or throu through gh their their ancestor ancestors s #'* t' '0"'&, 0*t'*0$#&$; t0 7"#*t. ANCESTRAL DOMAIN = DOMAIN = "# >*"&&; %&0*'*> t0 '*+'> '*+'>*0$ *0$# # $&t$" $&t$"& & 0$* 0$*'t' 't'#, #, including ances ancestra trall lands lands,, forest forest,, pastu pasture re,, resid resident entia iall and and agricultural agricultural lands, hunting grounds, worship areas, and and land lands s no long longer er occu occupi pied ed excl exclus usiv ivel el) ) b) indigenous indigenous cultural communities but to which the) had traditional access, particularl) the home ranges of indigeno indigenous us cultural cultural communi communities ties who are still nomadic or shifting cultivators 7 Also Also incl include ude inlan inland d wate waters, rs, coast coastal al area areas s and natural resources therein
N0t; N0t; The decision on the construction of the Public Land Act are entitled a great respect b) the courts The decisions of the -irector of Lands as to uestion of fact facts s are are conc conclu lusi sive ve when when appr approv oved ed b) the the Secretar) >D0t"'* >D0t"'* 0: P"'"; ?$"'#+'t'0*) d
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Presidential proclamations reserving certain lands of the public domain for specic specic purposes purposes have the character of ocial assertion of ownership, and the presumption is that the) have been issued b) right of sove sovere reig ignt nt) ) and and in the the exer exerci cise se of the the Stat State. e.s s dominical authorit) These proclamations are matters not onl) +udicial notice but are accepted as in the nature of a valid asservation of 3egalian right right over the propert) propert)
ORGA OR GANI NI8A 8ATI TION ONAL AL STRU STRUCT CTUR URE E / O33I O33ICE CERS RS CHAR CHARGE GED D WITH WITH THE THE ADMI ADMINI NIST STRA RATI TION ON O3 PUBLIC LANDS
:e repr represe esent nt the state state in a rever reversio sion n proce proceedi edings ngs and ma) le an action for the cancellation of patent and title acuired through fraud 3egula egulate te the occupa occupatio tion n or provi provisio sional nal use use of publi public c lands N0t For For administ administrati ration on purpose purposes, s, land district districts s have been establis established hed throug throughout hout the Philippi Philippines, nes, each each dist distri rict ct is head headed ed b) a loca locall land land oce ocerr embracing one province
N0t Stt 70&'; 70&'; = recognition and protection of the right rights s of idigen idigenou ous s peopl peoples es to prese preserve rve abd abd develop their cultures, tradtions, and institutions are the vital concerns of the State >3A ?&#$, *P3A@ RESE RESER RA ATION TION O3 LAND LANDS S O3 THE THE PUBL PUBLIC IC DOMAIN DOMAIN ARE ALID ASSER ASSERTION TION O3 REGALIAN REGALIAN RIGHT
Secretar)> 1ommonwealth Act "o $B$, sections &,B, and C@ Duasi7 Duasi7+u +udic dicial ial ocer ocer77 he ma/e ma/es s nding ndings s of fact fact and even passes upon uestions of mixed fact and law, and and consid consider ers s and and decide decides s the uali ualic cati ations ons of applicantsfor the purchase of public lands
DOCTRINE O3 PRIMAR ?URISDICTION / if a case is such that its determination reuires the expertise, special specialized ized training training and /nowle /nowledge dge of the proper proper administrative administrative bodies, relief must rst be obtained in an administ administrati rative ve procee proceeding ding before before a remed) remed) is supplied b) the courts even if the matter ma) well be within their proper +urisdiction
E5HAUSTION O3 ADMINISTRATIE REMEDIES – courts courts must allow allow administ administrati rative ve agencie agencies s to carr) carr) out their functions and discharge their responsibilities within the specialized areas of their respective competence 1ourts 1ourts cannot cannot or will not determi determine ne a controv controvers) ers) involving a uestion which is within the +urisdiction of the administrative tribunal prior to the resolution of that uestion b) the administrative tribunal, where the the ues uesti tion on dema demand nds s the the exer exerci cise se of soun sound d admin administ istrat rative ive discr discreti etion on reui reuirin ring g the speci special al /now /nowle ledg dge, e, exper xperie ienc nce e and serv servic ices es of the the administ administrati rative ve tribunal tribunal to determi determine ne technica technicall and intricate matters of fact
E7t'0* S"t"; 0: Nt$"& R#0$"# = R#0$"# = chief executive ocer ocer charge charged d to carr) carr) out the provisi provisions ons of the Public Land Act D'" D'"t t0 0" 0: L*+ *+#7 under the immediate supervision of the -!"3 Secretar) -uties; a
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-irect -irect execut executive ive contr control ol over over surve)s, surve)s, classi classica cation tions, s, lease leases, s, sales sales and other other forms forms of conce concessi ssion on or disposition and management of public lands< Prepar Preparatio ation n and issua issuance nce of for forms, ms, instru instructio ctions, ns, rules rules and regulations as ma) be necessar) and proper to carr) into e0ect the provisions of the Public Land Act, and and for for the the cond conduc uctt of proc procee eedi ding ngs s aris arisin ing g ther thereu eund nder er,, sub+ sub+ec ectt to the the appr pproval oval of the the
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Ehere there is estoppel on the part of the part) invo/ing the doctrine< Ehere the challenged administrative act is pate patent ntl) l) ille illega gal, l, amou amount ntin ing g to lac/ lac/ of +urisdiction +urisdiction Ehere there is unreasonable dela) or ocial inaction that will irretrievabl) pre+udice the complainant Ehere Ehere the amou amount nt invol involved ved is rela relativ tivel el) ) small so as to ma/e the rule impractical and oppressive Ehere the uestion involved is purel) legal and will ultimatel) have to be decided b) the courts of +ustice Ehere +udicial intervention is urgent
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Ehen its application ma) cause great and irreparable damage Ehere Ehere the controve controverted rted acts violate violate due process Ehen Ehen the the issu issue e of non7 non7e exhau xhaust stio ion n of administrative remedies has been rendered moot Ehen there is no other plain, speed) and adeuate remed) Ehen strong public interest is involved< and, *n quo warranto proceedings warranto proceedings
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CLAS CLASSI3ICA SI3ICATIO TION N OR RECLA RECLASS SSI3I I3ICA CATIO TION N O3 PUBLIC PUBLIC LANDS LANDS AN E5E E5ECUTI CUTIE E PREROGA PREROGATIE TIE – not the courts >Section ' of 1A "o $B$@ Kefore Kefore the governm government ent could could alienate alienate or dispose dispose lands of the public domain, the President must rst ocia ociall ll) ) classi classif) f) these these lands lands as alien alienab able le and and disposable, and declare them open to disposition or concession
CLASSI3ICATION O3 LANDS L*+# L*+# 0: 7$%&' 7$%&' +0'* +0'* 7 either either aliena alienable ble or inalienable
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GOE GOERN RNME MENT NT LAND LAND AND AND PUBL PUBLIC IC DISTINGUISHED DISTINGU ISHED (PL PD) (GL PL)
L*+# 0: 7"'<t +0'* 7 +0'* 7 refers to land belonging to and owned b) the State as a private individual, without being devoted of national wealth similar to patriomonial properties of the State
G0<"**t L*+ = L*+ = more extensive and embraces not onl) the public land but also other lands of the governm government ent alread) alread) reserved reserved or devoted devoted to public public use or sub+ect to private right
SECTI SECTION ON @. LANDS LANDS O3 THE PUBLIC PUBLIC DOMAIN DOMAIN ARE CLASSI3IED INTO Agricultural Foresttimber Gineral lands H "ational Par/s
PREREUISITE 3OR DISPOSITION Kefore an) public land ma) be alienated or disposed of, of, it is indi indisp spen ensa sabl ble e that that ther there e be a :0"& +&"t'0* %; th P"#'+*t $70* "0*+t'0* 0: th S"t"; 0: DENR t0 th t tht #$h &*+# " 07* t0 +'#7 +'#70# 0#'t 't'0 '0* * 0" 0* 0*# ##' #'0* 0*,, and whenever practica practicable ble the lands lands should should have been previou previousl) sl) surve)ed A&'*t'0* 0" +'#70#'t'0* 0" 0*##'0* 0*##'0* as used in Publi Public c Land Land Act Act is mean meantt an) of the method methods s authorized b) the said law for the acuisition, lease, use or benet of the lands of the public domain other than timber or mineral land
N0t 1lassic 1lassicatio ation n of public public lands lands is an exclusi exclusive ve prerogative of the !xecutive -epartment through the 2ce of the President, upon recommendation recommendation b) the -!"3 and not to the court 7 1lassication is descriptive of the legal nature of the land and "2T what it loo/s loo/s li/e Thus, the fact that forest land is denuded does not mean it is no longer forest land
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CLASSI3ICATION O3 ALIENABLE AND DISPOSABLE LANDS For the administr administratio ation n and disposit disposition ion of alienabl alienable e and disposa disposable ble lands, lands, the) are classi classied ed under the Public Land Law according to the use and purposes to which such lands ma) be destined, as follows; Agricultural > farm land@ 3eside 3esidentia ntial, l, commerc commercial, ial, industri industrial, al, or for similar similar productive purposes< !ducatio !ducational, nal, charitab charitable, le, or other other similar similar purposes purposes<< and 3eservations for town sites and for public and uasi7 public uses
$ & B a b
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The President President upon recommenda recommendation tion of the Secretar) Secretar) of -!"3 !"3 is autho thorized zed to ma/e the the above classication as well as to transfer lands from one class to another from time to time as circumstances ma) warrant > 1A "o $B$, Sec %@ 5nder the 3evised 3evised Administrative 1ode, alienable lands of the public domain ma) be ordered reserved b) the President for specic purpose or service
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LAND LANDS S
P$%&' P$%&' L*+ L*+ 7 is euiv euivale alent nt to Publi Public c -omai -omain, n, includes includes lands lands open open to private private appropri appropriatio ation n and settlemen settlementt b) homestea homestead d and other other li/e li/e general general laws
CLAS CLASSI3ICA SI3ICATIO TION N O3 LANDS LANDS O3 THE PUBLI PUBLIC C DOMAIN UNDER THE CONSTITUTION
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2ld 1onstitution; 1onstitution; the) all form under under the categor) of agricultural lands, the) not being forest nor mineral lands 5nder Public Land Act term IagriculturalJ is used in a limited sense, and is meant distinctl) as a farmland
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M0+# 0: D'#70#'t'0* For hom homes este tead ad set settl tlem emen entt Sale Lease 1onrma 1onrmation tion of imper imperfect fect or incomple incomplete te title title 8udi 8udici cial al lega legali liza zati tion on Adminis Administrat trative ive legaliza legalization tion > free free patent@ patent@
HOMESTEAD SETTLEMENT !ntitled to Patent; An) citizen of the Philippines over $? or head of the famil) ma) enter a homestead of not exceeding $ hectares of agricultural land of public domain The applicant applicant must, cultivate cultivate or improved improved at least least $C of the land continuousl) since the approval of the application Gust resided for at least $ )ear in the municipalit) municipalit) or municipalit) ad+acent in which the land is located Pa)ment of reuired fee
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E33ECT O3 COMPLIANCE REUIREMENTS
WIT H
LEGAL
Ehen a homesteader has complied with all the terms and conditions which entitle him to a patent for a particular tract of public land, he acuires a vested inte intere rest st ther therei ein, n, and and is to be rega regard rded ed as the the euitable owner thereof - The execution execution and deliver) of the patent, after the righ rightt to a part partic icul ular ar piec piece e of land land has has beco become me complete, are the mere ministerial acts of the ocer charged with that dut) - !ven without the patent, a perfected homestead is a propert) right in the fullest sense, una0ected b) the fact that the paramount title to the land is still in the government
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TRANS3ER O3 RIGHTS - The applicant applicant must prove to the -irector -irector of Lands tha that he has has alre lread) ad) com compli plied with ith all the the reuirements of the law and can no longer continue with with this this home homest stea ead, d, and and ther there e is a bona bona de de purcha purchaser ser for the rights rights and improvemen improvements ts of the applicant on the land - 5pon 5pon the approval approval of the -irector -irector of Lands, Lands, ma) transfer his rights to the land and improvements to an) perso rson legall gall) ) ual ualied to appl ppl) for for a homestead - *mmediatel) after such transfer, the purchaser shall le a homestead application to the land N0t An) person who has transferred his right ma) not again appl) for a new homestead !ver) transfer without the approval of the -irector of Lands shall be null and void and shall result in the cancellation of the entr) and the refusal of patent
SALE O3 PUBLIC AGRICULTURAL LANDS
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An) citizen of lawful age or the head of the famil) ma) purchase an) tract of public agricultural land not to exceed $ hectares which shall be sold through sealed bidding
- The land shall be awarded awarded to the highest bidder, but the applicant ma) eual the highest bid - The purchase purchase price ma) be paid in full upon the ma/ing of the award or in not more than $M eual annual installments from the date of the award - *t is reuired that the purchaser shall have not less than $C of the land cultivated within C )ears from the date of the award, award, and before before an) paten patentt is issued, he must show actual occupanc), cultivation and improvement of at least $C of the land until the date of nal pa)ment LEASE An) corporatio corporations ns or associa association tions s at least least 'MN of capital stoc/ belong wholl) to Filipino citizens, ma) lease an) tract of agricultural public land available for lease
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3OR PRIATE CORPORATIONS OR ASSOCIATIONS - The) can onl) hold alienable alienable lands of the public domain K4 L!AS! - 1annot 1annot exceed exceed C )ears, )ears, renewa renewable ble for not more than C )ears - Lease cannot exceed $,MMM hectares
3OR 3ILIPINO CITI8ENS 1an lease up to CMM hectares 1an 1an A1D5* 1D5*3 3! not not mor more than than $ hect hectar ares es b) purchase, homestead or grant - Ta/ing into account the reuirements reuirements of conservation, conservation, ecolog) and development, and sub+ect to the reuir reuiremen ements ts of agraria agrarian n reform reform,, 1ongres 1ongress s shall determine b) law the size of the lands of the public public domain domain which which ma) be acuir acuired, ed, develope developed, d, held or lease and the conditions therefore
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CON3IRMATION CON3IRMATION O3 IMPER3ECT OR INCOMPLETE TITLE / ?UDICIAL LEGALI8ATION REUISITE 3OR AAILMENT - The applicant applicant must be a Filipino Filipino citizen citizen - :e must must have, have, b) himsel himselff or throu through gh his predece predecessor ssors s in interes interest, t, possesse possessed d and occu occupi pied ed an alie aliena nabl ble e and and disp dispos osab able le agricultural portion of public domain - Such possession and occupation must have been open, continuous, exclusive, notorious and in the concept of owner, since 8une $, $%BC - The application application must be led with the proper court P"'0+ 0: 70####'0* 8une 70####'0* 8une $, $%BC A++'t'0*& "$'"*t >1lass "$'"*t >1lass -iscussion@ W't*## At W't*## At least $M )ears old in the )ear of $%BC Tax declaration declaration N0t N0t Limiting the are applied for to $ hectares, lands lands must be occupie occupied d b) himself or through through his predecessors in interest, possessed and occupied an alienable and disposable agricultural portion of public domain Land must be alienable and disposable at the time of the application for conrmation is led Land not registrab registrable le as when it forms part of the public forest forest 2"L4 2"L4 A(3*15LT53! LA"-S GA4 GA4 K! S5K8!1T 2F AL*!"AT*2"
CON3IRMATION CON3IRMATION O3 IMPER3ECT OR INCOMPLETE TITLE / ADMINISTRATIE LEGALI8ATION ( 3REE PATENT) An) natural born citizen of the Philippines who is the owner of more than $ hectares and who, for at least &M )ears prior to the e0ectivit) of this amendator) Act, has continuousl) continuousl) occupied and cultivated, either b) himself or through his predecessors7in interest a tract or tracts of agricultural public lands sub+ect to disposition, who shall have paid the real estate tax thereon thereon while the same hasn.t been occupied b) an)
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person shall be entitled, under the provisions of this 1hapter, to have a free patent issued to him for such trac tractt or trac tracts ts of such such land land not not to exce exceed ed $ hectares CLASSI3IC CLASSI3ICA ATION AND DISPOSITIO DISPOSITION N O3 LANDS LANDS 3OR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES 7 PURPOSES 7 is governed b) 1hapter % of the Public Land Act L*+# " &##'!+ #
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Lands Lands reclaim reclaimed ed b) the governm government ent b) dredgin dredging, g, lling or other means< Foreshore N0t The N0t The rst two shall be disposed of b) lease onl) Garsh) lands or lands covered with water bordering on the shores or ban/s of navigable la/es or rivers Lands not included in an) of the foregoing classes N0t N0t The last two ma) be sold with the condition condition that the purchas purchaser er shall shall ma/e ma/e improvem improvements ents of a permanent character appropriate for the purpose for which the land is purchased within $? months from the date of the award
LANDS LANDS 3OR 3OR RESID RESIDEN ENTIA TIAL, L, COMME COMMERC RCIAL IAL OR INDUSTRIAL PURPOSES SHALL BE DISPOSED O3 THROUGH ORAL BIDDING (SECTION 6, CA 141) E5CEPTION (DIRECT SALE) R7$%&' At @F @F allows the direct sale of public lands for residential purposes to ualied applicants under certain conditions;
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Filipino citizen of legal age Gust not be the owner ner of a home lot in the the municipalit) or cit) in which he resides :ave established in good faith his residence on a parcel of public land which is not needed for public service :ave constructed constructed his house house and actuall actuall) ) resided resided therein *f the applicant complies with the above, he is given preference to purchase at a private sale not more than $MMM sm of land at a price to be xed b) the -irector of Lands
SALE O3 LANDS RESERATIONS
WITHIN
MILITAR
7 Pursuant to 3epublic Act #B, lands within militar) reservations when declared b) the President as no long longer er need needed ed for for mili milita tar) r) purp purpos oses es ma) ma) be subdivided b) the -irector of Lands and thereafter sold to persons ualied to acuire agricultural public lands under the Public Land Act, with priorit) given to bona de occupants and then to war veterans
7 The area shall be determi determined ned b) the -irector -irector of Land Lands s acco accord rdin ing g to the the natu nature re of the the land land,, the the number of prospective applicants, and the purposes for which it will be utilized
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LANDS 3OR EDUC LANDS EDUCA ATIONA TIONAL, L, CHAR CHARIT ITABLE ABLE,, AND OTHER SIMILAR PURPOSES The President President upon recommenda recommendation tion of the Secretar) Secretar) of !nvironment and "atural 3esources ma) execute contract contract for sale or lease a portion portion of public public land land when needed b) an) province, municipalit), or other branch branch or subdivis subdivision ion of the governm government, ent, for the purpose purpose of founding founding a cemeter) cemeter),, church church,, college, college, scho school ol,, univ univer ersi sit) t),, or othe otherr inst instit itut utio ions ns for for educational, educational, charitable, charitable, or philanthropical philanthropical purposes or scientic research, the area to be such as ma) actuall) and reasonabl) be necessar) to carr) out such purposes 7 The Secretar) of -!"3 ma) order the sale to be made without public auction, at a price xed b) him
RESERATIONS TOWNSITE RESERATION 7 Ehenever it shall be considered to be in the public inter interest est to found found a new town town The Secreta Secretar) r) of !nvironment and "atural 3esources shall direct the -irector of Lands to have a surve) of the exterior boundaries of the site on which such town is to be established, and upon the completion of the surve) he shall send the same to said Secretar), with his recommendations 7 The Secretar), if he approves the recommendations of the -irector of Lands, shall submit the matter to the President to the end that the latter ma) issue a proclam proclamatio ation n reservi reserving ng the land surve)ed, surve)ed, or such part thereof as he ma) deem proper, as a town site
RESER RESE RA ATI TION ONS S O3 LA LAND ND 3O 3OR R SEMI/PUBLIC PURPOSES
PUBL PU BLIC IC AN AND D
7 5pon 5pon the recom recommen mendat datio ion n of the Secr Secreta etar) r) of -!"3, the President ma) designate b) proclamation an) an) trac tract ts s of land land of the the publ public ic doma domain in as reser reservat vatio ions ns for for the use of the 3P or an) of its branches, or of the inhabitants thereof, in accordance with the regulations prescribed for this purpose, or for uasi7publ uasi7public ic uses uses or purpose purposes s when when the public public interest reuires it 7 A certi certie ed d cop) cop) of this this procl proclam amati ation on shall shall be forwarded to the 3egister of -eeds of the province or cit) where the land lies 7 5pon receipt of such cop), the -irector of Lands shall shall order order the immediat immediate e surve) surve) of the propose proposed d reservation if the land has not been )et surve)ed, and as soon as the plat has been completed, he shall proceed in accordance with the next following section 7 The tracts reserved shall be non7alienable and shall not be sub+ect to an) occupation, entr), sale, lease,
or other disposition until again declared as alienable and disposable
SPECIAL PA PATENTS TENTS Patent to grant, cede, and conve) full ownership of alienable and disposable lands formerl) covered b) a reser reservat vatio ion n of land lands s of the public public doma domain in and and is issued upon the promulgation of a special law or act of 1ongress or b) the -!"3 Secretar) as authorized b) the President
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- These lands are not public lands but private and patrimonial lands of the government - The Land Ganagement Ganagement Kureau shall rst issue a certicate stating therein that the government has agreed to sell the land to such settler or occupant - The latter shall then accept the certicate certicate and agree to pa) the purcha purchase se price price so xed, xed, in installm installments ents and at the rate of interest specied in the certicate - The conve)ance conve)ance or certicate of sale executed executed in favor of a bu)er is a conve)ance of ownership of the propert), sub+ect onl) to the resolutor) condition that the sale ma) be cancelled if the price agreed upon is not paid in full
REGISTRATION O3 PATENTS AND ISSUANCE O3 CERTI3ICATES O3 TITLES
REERSION = :"$+ :"$+ h+ %* %* 0't 0'tt+ t+ '* #$"'*> #$h t't&.
The patent or grant shall not ta/e e0ecr as a conve)ance or bind the land but shall operate onl) as a contract between the government government and the grantee It '# th t 0: ">'#t"t ">'#t"t'0* '0* tht 0*<; 0*<;# # 0" t# th &*+#, *+ %'*+# th'"+ 7"#0*.
R<"#'0* 0: &*+ $'"+ th"0$>h :"$+ The uncontroverted uncontroverted rule is that, the doctrine of indefeasibilit) of Torrens Title does not bar the ling of an action for cancellation of title and reversion of land even if more than one )ear has elapsed from the issu issuan ance ce of the the free free pate patent nt in case case of frau fraud d in obtaining it
CERTI3ICATE O3 TITLE ISSUED PURSUANT TO A PATENT INDE3EASIBLE
DIRE IRECTOR TOR O3 LANDS ANDS HAS HAS AUTHO AUTHORIT RIT TO INES INESTIG TIGA ATE ISSUANCE O3 PATENTS
3egiste 3egistered red owners owners under under Torrens orrens S)stem, S)stem, gives gives securit) over the ownership of the land, it becomes private propert) and it is no longer sub+ect to the disposition of the -irector of Lands *t has in its favor the presumption of regularit) *t becomes incontrovertible upon the expiration of $ )ear from the date of the order for issuance of the patent, hence, prescription cannot operate against the registered owner
7 *t is not onl) the right but also the dut) of the -irector of Lands to conduct the investigation of an) alleged alleged fraud in securing securing the free free patent patent and the corresponding title to a public land and to le the corresponding court action for the reversion of the same to the State, if the facts disclosed in the course of such investigation should so warrant 7 The indefeasib indefeasibilit ilit) ) of title over land land previou previousl) sl) public is not a bar to an investigation b) the -irector of Lands as to how such title has been acuired, if the purpose of such investigati investigation on is to determi determine ne whether or not fraud had been committed in securing such title in order that that the appropriate appropriate action for reversion ma) be led b) the government
TITLE NOT DE3EATED B ADERSE, OPEN AND NOTORIOUS POSSESSION. NEITHER CAN IT BE DE3EA DE3E ATED B PRES PRESCRIP CRIPTION. TION. A CER CERTI3ICA TI3ICATE TE TITLE CANNOT BE COLLATERALL ATTACKED. CADASTRAL REGISTRATION PROCEEDINGS
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CADASTRAL PROCEEDINGS (PANG MALAWAKAN TO) 5pon the initiative of the government To To have titles to all lands in the stated area ad+udicated Publi blic inte interrest dem demands tha that titl title es to an) unr unregis egiste terred land land sett settle led d and and ad+u ad+udi dica cate ted d The principal aim is to settle as much as possible all disputes over the land and to remove all clouds over the land titles as far as practicable, in a communit) "ature of a proceeding in rem
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3RIAR LANDS
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CONTINU TINUIING 3RAUDU 3RAUDULEN LENT T
Private lands purchased b) the government for sale to actual occupants under the provisions of Act $$M or the Friar Lands Act
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GOERN GOE RNME MENT NT MA MA IN INITI ITIA ATE AC ACTI TION ON CANCELLATION O3 TITLE AND REERSION
3OR 3O R
Section $M$ of Public Land Act provides for a remed) whereb whereb) ) lands lands of the public public domain domain fraudule fraudulentl) ntl) awar awarded ded to the appli applican cantt ma) ma) be recov recover ered ed or reverted bac/ to its original owner, the government 2ce 2ce of Soli Solici cito torr (ene (enera rall shal shalll repr repres esen entt the the gover governm nment ent in all all land land regis registra tratio tion n and relat related ed proceedings proceedings and institute actions for the reversion reversion to the government of lands of the public domain and impr improv oveme ements nts there thereon on as well well as lands lands held held in violation of the 1onstitution *t is improper improper for the government government to le an action for reversion of land titled to defendant pursuant to a free patent where the alleged fraud consists in the fact that said land, at the time of issuance of the free patent was no longer a part of the public domain, havin having g been been ad+u ad+udic dicat ated ed as privat private e prope propert) rt) of another person in a previous registration case
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ACTION 3OR CANCELLATION O3 TITLE
An action for reversion on the ground ground that defendant defendant obtained patent through fraud would also fail where the land had successivel) been sold b) the heirs of the patentee to third parties who are holding Torrens titles and en+o)ing the presumption of good faith
Proper when a private part) claims ownership of the land as private propert) b) virtue of a long period of possession and hence, no longer deemed a part of the public domain which could be disposed of under the provisions of the Public Land Act, or when the land land is alre alread) ad) cover covered ed b) a previ previou ousl) sl) issue issued d certicate certicate of title
Private parties cannot challenge the validit) of the patent and title when the) are not registered registered owners thereof nor had the) been declared the owners as owners in the cadastral proceedingsO whether the grant grant was in conform conformit) it) with the law or not not is a uestion which the government ma) raise, but until it is rais raised ed b) the govern governmen mentt and and set aside, aside, the defendan defendantt cannot cannot uestio uestion n it The legalit) legalit) of the grant grant is a uestion uestion between between the grantee grantee and the government ACTION 3OR NULLIT O3 LAND DISTINGUISHED 3ROM REERSION
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T IT IT LE LES
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The di0erence di0erence between them lies in the allegations allegations as to the character of the ownership of realt) whose title is sought to be nullied R<"#'0* / pertinent / pertinent allegations in the complaint would admit State ownership of the disputed land The portion a0ected a0ected b) the amendment would revert bac/ to the public domain At'0* :0" +&"t'0* 0: *$&&'t; 0: :" 7t*t *+ *+ "t "t'! '! t t t't& t't& – the the land land is be)o be)ond nd the the +urisdiction +urisdiction of the -irector -irector of Lands to bestow and whate whatever ver paten patentt or certi certic cate ate title title there therefor fore e is conseuentl) conseuentl) void ab initio The real part) in interest interest is not the State State but but the plainti plainti0 0 who who alleg alleges es pre pre existing right of ownership over the parcel of land in uestion even the grant of title to the defendant N0t Ke)ond Ke)ond the +urisdic +urisdiction tion of -irecto -irectorr of Lands because the land is private owned alread)
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N0t 3eversion N0t 3eversion does not appl) to transferees, who are innocent purchasers *t onl) applies to applicant who committed fraud in securing such title PRIA PRIATE PART ART CANNOT CANNOT BRING BRING ACTION ACTION 3OR REERSION *f there has been an) fraud or misrepresentation in obtaining the title, an action for reversion instituted b) the Solicitor (eneral would be the proper remed) ACTI ACTION ON 3OR 3OR REE REERS RSIO ION N NOT NOT BARR BARRED ED B PRESCRIPTION, LACHES Statute of limitations doesn.t run against the State
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Legal and euitable remed) granted to the rightful owne ownerr of the land land which which has has been been wron wrongfu gfull) ll) or erroneousl) registered in the name of another for the purpos purpose e of compel compelli ling ng the latter latter to transf transfer er or reconve) the land to him After one )ear from the issuance of the decree, ma) brin bring g acti action on for for recon econve ve)a )anc nce e of the the prop proper ert) t) 2nl) 2nl) to show show that that the the pers person on who who secu secure red d the the registration registration of the uestioned propert) propert) is not the real owner thereof See/ See/s s to trans transfer fer or recon reconve) ve) the land land from from the registered owner to the rightful owner DECREE BECOMES INCONTROERTIBLE INCONTROERTIBLE A3TER 1 EAR 3ROM THE ISSUANCE ISSUANCE O3 O3 DECREE
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Action for reconve)ance still available as remed) Action in personam that it is alwa)s as long as the propert) propert) has not passed to an innocent purchaser purchaser for value RELEANT ALLEGATIONS
- That the plainti0 plainti0 is the owner of the the land - That the defendant has illegall) illegall) disposed him of the same
WHERE REERSION IS IMPROPER I* th # 0: R7$%&' <. U&', the government sought sought for the reversi reversion on of parcel parcel of land land on the grou ground nd that that the the orig origin inal al sale sale ther thereo eoff from from the the government was based on a forger) and therefore void void ab init initio io :owe :oweve ver, r, the the resp respon onde dent nts s are are transfer transferees, ees, claimin claiming g to be innocent innocent purchas purchasers ers Since the respondents are transferees in good faith and and for for value value and for value value and and that that the origina originall acuisiti acuisition on thereof, thereof, althoug although h fraudule fraudulent, nt, did not a0ect their own titles
ACTION 3OR RECONEANCE RECONEANCE – K3*"( T:! LA"KA16 T2 T:! 2E"!3
NOTE NOTE The nullication nullication of defendant.s land would not result in the reversion of the land to State but remains private propert), the plainti07claimant ma) see/s direct reconve)ance COURTS HAE ?URISDICTION OER POSSESSOR ACTIONS INOLING PUBLIC LANDS
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!ven pending the investigation investigation of, and resolution on, an applic applicati ation on b) a bona bona de occupa occupant, nt, b) the priorit) of his application and record of his dut), he acuires a right to the possession of the public land he appl applie ied d for for agai agains nstt an) an) othe otherr publ public ic land land appli applican cant, t, which which right right ma) ma) be prote protecte cted d b) the possessor) action of forcible entr) or b) an) other suitable remed) that our rules provide
- The grant of power and dut) to alienate and dispose of the land doesn.t divest the courts of their dut) or power power to ta/e ta/e cogniza cognizance nce of actions actions instituted instituted b) settlers or occupants or applicants against others to protect their respective possessions and occupations, more especiall) the actions of trespass, forcible entr) and unlawful detainer
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