2016 [LAND TITLES AND DEEDS] Agcaoili Book; Atty. Panes Lectures; LA Notes
Sec. 1 Title of Decree – Decree – This decree shall be known as the Proerty !egistration "ecree. Regalian Doctrine #Art. Doctrine #Art. 1$% Sec. $ o& the 1'() P*+ , all lands lands o& whate-e whate-err classi classica catio tion n and other other natural natural resou resourc rces es not otherw otherwise ise aearing to be clearly within ri-ate ownershi belong to the State Jura Regalia ri-ate title to a land /ust be traced to so/e grant% e0ress or i/lied% or &ro/ its successors - The belie& that the Sanish *rown is the origin o& all land titles in the Philiines. This re&ers to !oyal !ights that all lands were &or/erly held by the ing. #2aa/ Panes+3 re&ers to ri-ate ownershi and how ri-ate ownershi o& lands were gi-en by -irtue o& the royal rights ossessed by the ing Excetion! to Regalian Doctrine 1" Nati#e Nati#e Title Title$%a $%arin rino o #& In!ul In!ular" ar"– – re&ers to re,con4uest re,con4uest rights to lands and do/ains which% which% as &ar back as /e/ory /e/ory reaches% reaches% ha-e been held under under a clai/ o& ri-ate ownershi by 5**s65ndigenous Peoles% ha-e ne-er been ublic lands% and are thus indisuta indisutably bly resu/ed resu/ed to ha-e been held the sa/e way since be&ore be&ore Sanish *on4uest Ti'e I''e'orial , I''e'orial , A eriod o& ti/e when as &ar back as /e/ory can go% certain 5**s65Ps are known to ha-e occuied% ossessed in the concet o& an owner% and utili7ed a dened territory de-eloed to the/% by oeration o& custo/ary law or inherited &ro/ their ancestors with their custo/s and traditions Ance!tral Ance!tral Do'ain Do'ain $%ru( $%ru( #& Secretar)" Secretar)"
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S8*!8TA!9 : "8N! <. 2A9:! =:S8 S. 9AP :ctober (% $>>( This case in-ol-es $ etitions regarding regarding the right o& the resent occuants o& Boracay 5sland to secure titles o-er their occuied lands. *IRST %ASE+ ,&R& No& 160Certiorari 160 Certiorari on CA decision afrming RTC granting declaratory relie eld by Mayor Jose Yap et al and ordered the survey o Boracay or titling purposes 1.6/ 1.6/ #"8N!+ aro-ed the National !eser-ation Sur-ey o& Boracay 5sland% which identied se-eral lots as being occuied or clai/ed by na/ed ersons. President 2arcos declared the area as touri!t (one! an 'arine re!er#e! under the ad/inistration o& the Philiine Touris/ Touris/ Authority #PTA+. ?ence% subse4uent issuance o& PTA *ircular @,($ to i/le/ent Procla/ation No. 1(>1. , Petition Petitioners ers clai/ clai/ that Procla Procla/ati /ation on and PTA PTA *ircular *ircular reclud recluded ed the/ &ro/ &ro/ ling ling an alicati alication on &or udicial conr/ati conr/ation on o& i/er&ect i/er&ect title or sur-ey o& land &or titling titling uroses; 2arcos declaration raised doubts on their right to secure titles o-er their occuied lands and Since the 5sland was classied as a tourist 7one% it was suscetible o& ri-ate ri-ate ownershi; ownershi; Cnder Section Section D(#b+ o& *o//onw *o//onwealth ealth Act #*A+ No. 1D1% otherwise known as the Public Land Act% they had the right to ha-e the lots registered registered in their na/es through udicial conr/ation o& i/er&ect titles. S, in-oked S, in-oked Section @#a+ o& P" No. )>E or the !e-ised orestry *ode that Boracay 5sland was an uncla!!ie lan of t3e u4lic o'ain . 5t &or/ed art o& the /ass o& lands classied as ublic &orest% which was N:T a-ailable &or disosition and since Boracay 5sland had not been classied as A F " whate-er ossession they had cannot rien into ownershi. ownershi.
ISS5E3 ISS5E3 whether Procla/ation No. 1(>1 osed any legal hindrance or i/edi/ent to the titling o& the lands in Boracay. !T* neither Procla/atio n nor the *ircular /entioned that lands in Boracay
were inalienable or could not be the subect o& disosition. disosition. The *ircular itsel& recogni7ed recogni7ed ri-ate ownershi o& lands. , Sectio Sections ns () () and E@ o& the the Publi Public c Land Land Act Act as as basis basis &or &or ackn acknowl owledg edgin ing g ri-a ri-ate te ownershi o& lands in Boracay and that only those &orested areas in ublic lands were declared as art o& the &orest reser-e. , The The !T* !T* took udic udicial ial notic notice e that that certain certain arce arcels ls o& land in Bora Boracay cay 5slan 5sland d were were co-ered by :*T in the na/e o& the ?eirs o& *iriaco S. Tirol. The titles were issued on August )% 1'@@. , *A held that that reson resondent dents,cla s,clai/an i/ants ts could could not be be reudice reudiced d by a declara declaration tion that that the lands they occuied since ti/e i//e/orial i//e/orial were art o& a &orest reser-e. SE%ND %ASE3 %ASE3 !R! "o! #$%$$& a petition or prohibition' mandamus' mandamus' and nullication o (roclamation "o! #)*+ issued by (MA classiying Boracay into reserved orest and agricultural land! "uring the endency o& the 1st case% PG2A issued Procla/ation No. 1>HD classi&ying Boracay 5sland into 1. #D>>+ #D>>+ hectar hectares es o& reser reser-e -ed d &or &orest est land land #r #rote otecti ction on uro uroses ses++ and and $. #H$( #H$(.' .'H+ H+ hect hectar ares es o& agri agricu cult ltur ural al land land #A6" #A6"+. +. @. #1E/+ #1E/+ buIer buIer 7one 7one on on each each side side o& o& the center centerlin line e o& roa roads ds and and trail trails% s% rese reser-e r-ed d &or &or right, right, o&,way o&,way and which shall &or/ art o& the area reser-ed reser-ed &or &orest &orest land rotectio rotection n uroses. :n August 1>% $>>H% etitioners,clai/ants etitioners,clai/ants % owners o& beach resorts in Boracay &iled with this *ourt an action to nulli&y PG2As rocla/ation clai/ing that it in&ringed on their rior -ested rights o-er ortions o& Boracay; there is no need &or a rocla/ation reclassi&ying Boracay into agricultu agricultural ral land; and Being classied as neit3er neit3er 'ineral 'ineral nor ti'4er lan% lan% the island is dee/ed agricultural ursuant to the 3iliine 7ill of 1.02 and 1.02 andAct No. No. .26% .26% known as the rst PLA. Thus% their ossession in the concet o& owner &or the re4uired eriod entitled the/ to udicial conr/ation conr/ation o& i/er&ect i/er&ect title.
S, argued S, argued that etitioners,clai/ants Boracay is an unclassied ublic &orest land ursuant to Section @#a+ o& P" No. )>E and cannot be the subect o& udicial conr/ation o& i/er&ect title. 5t is only the e0ecuti-e deart/ent% not the courts% which has authority to reclassi&y lands o& the ublic do/ain into AF". There is a need &or a ositi-e go-ern/ent act in order to release the lots &or disosition. ISS5E3 ISS5E3 J6N etitioner clai/ants ha-e a right to secure titles o-er their occuied ortions in Boracay. The twin etitions etitions ertain to their right% i& any% any% to udicial conr/ation conr/ation o& i/er&ect title title under *A No. 1D1% as a/ended. They do not in-ol-e their right to secure title under other ertinent laws. 8ELD3 8ELD3 RE,ALIAN D%TRINE AND 9ER * T8E E:E%5TI;E T RE%LASSI*< LANDS * T8E 57LI% 57LI% D=AIN D=AIN Pri-ate clai/ants rely on three #@+ laws and e0ecuti-e acts in their bid &or udicial conr/ation conr/ation o& i/er&ect i/er&ect title% na/ely na/ely33 1+ Philiine Bill o& 1'>$ in relation to Act No. '$H% later a/ended and6or and6or suerseded suerseded by Act Act No. $()D and *A No. 1D1; $+ Procla/ation Procla/ation No. 1(>1 issued by by then President 2arcos; and @+ Procla/ation Procla/ation No. 1>HD issued by by President President Gloria 2acaagal,Arroyo 2acaagal,Arroyo..
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Prior to Procla/ation No. 1>HD o& 2ay $$% $>>H% Boracay 5sland had ne-er been e0ressly and ad/inistrati-ely ad/inistrati-ely classied under any o& these grand di-isions. Boracay was an unclassied land o& the ublic do/ain.
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T8E RE,ALIAN D%TRINE dictates D%TRINE dictates that all lands o& the ublic do/ain belong to the State% that the State is the source source o& any asserted asserted right to ownershi ownershi o& land and charged charged with the conser-ation o& such atri/ony atri/ony. The doctrine has been consistently adoted adoted under the 1'@E% 1')@% and 1'() *onstitutions.
Act :n ebruary 1% 1'>@
All lan! not ot3eri!e ot3eri!e aearing aearing to 4e clearl) clearl) it3in ri#ate oner!3i oner!3i are re!u'e to 4elong to t3e State& State& T3u!/ all lan! t3at 3a#e not 4een acBuire acBuire fro' t3e go#ern'ent/ eit3er 4) urc3a!e or 4) grant/ 4elong to t3e State a! art of t3e inaliena4le u4lic o'ain. o'ain . Necessarily% it is u to the State to deter/ine deter/ine i& lands o& the ublic ublic do/ain will be disosed o& &or ri-ate ownershi. The go-ern/ent% as the agent o& the state% is ossessed o& the lenary ower as the ersona in law to deter/ine who shall be the &a-ored reciients o& ublic lands% as well as under what ter/s they /ay be granted such ri-ilege% not e0cludin e0cluding g the lacing lacing o& obstacles obstacles in the way o& their e0ercis e0ercise e o& what otherwise otherwise would be ordinary acts o& ownershi.
Act No& .26 *ir!t u4lic Lan Act :ctober )% 1'>@ title to ublic lands in the Philiines re/ained in the go-t and its title srung &ro/ Treaty o& Paris
SANIS8 R5LE :ur resent land law traces its roots to the !egalian "octrine. "octrine. Con the Sanish con4uest o& the Philiines% ownershi o& all lands% territories and ossessions in the Philiines assed to the Sanish *rown. T3e T3e Laws Of The Indi Indies es And And The Royal Cedulas Ley Hipote Hipotecar caria ia r T3e T3e Mortgage Law Of 189 . The Royal !ecree Of 189" Or The The Maura Law
irst introduced !egalian doctrine and laid the &oundation that all lands that ,ere not ac-uired rom the overnment' either by purchase or by grant' belong to the public domain ro-ided &or the syste/atic registration o& titles and deeds as well as ossessory clai/s. artly a/ended the .panish Mortgage /a, and /a, and the/a,s o the 0ndies. 0ndies . 5t establish established ed ossesso ossessory ry in&or/at in&or/ation ion as the /ethod /ethod o& legali7in legali7ing g ossession o& -acant *rown land% under certain conditions which were set &orth in said decree. Cnder Section >.> of t3e =aura La% La % an 1+ inormacion posesoria or ossessory in&or/ation title% $+ when duly duly inscribed inscribed in the the !egistry !egistry o& Proe Proerty% rty% is con-er con-erted ted into into a title o& ownershi @+ only a&ter a&ter the lase lase o& twenty twenty #$>+ years years o& D+ uninte uninterr rrut uted ed ossessi ossession on which /ust be actua actual% l% ublic ublic%% and and ad-erse% E+ &ro/ &ro/ the date date o& o& its insc inscri ritio tion. n. H+ ?owe-er% ?owe-er% ossess ossessory ory in&or/a in&or/ation tion title title had to be er&ect er&ected ed one year a&ter the ro/ulgation o& the 2aura Law% or until Aril 1)% 1('E. :therwise% the lands would re-ert to the State.
5n su/% ri-ate ownershi o& land under the Sanish regi/e could only be &ounded on royal concessions which took -arious &or/s% na/ely3 a+ titulo real or royal grant; b+ concesion especial or secial grant; c+ composicion con el estado or adust/ent title; d+ titulo de compra or title by urchase; and e+ inormacion posesoria or ossessory in&or/ation title.
A=ERI%AN R5LE 3iliine 7ill of 1.02 CS assu/ed ad/inistration ad/inistration o& the Phil. 5s. A&ter the 1('( Treaty o& Paris Act No& C.6 Lan Regi!tration
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A,RI A,RI%5 %5L LT5RA T5RAL L # those ublic lands ac4uired &ro/ Sain which are not ti/ber or /ineral lands+ =INERAL a. absol absolute ute grant grant #&re #&reeho ehold ld syste/ syste/++ b. lease lease #lease #leasehol hold d syste/ syste/++ TI=7ER TI=7ER R *REST *REST LANDS& LANDS& established a syste/ o& registration registration by which recorded title beco/es absolute% inde&easible% and i/rescritible. i/rescritible. This is known as the
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Act& No& 22?. %aa!tral Act eb. 11% 1'1@
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Act No& 2@C Secon u4lic LanAct Lan Act No-e/ber $'% 1'1' Cnder =ones Law
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%A No& 1C1 57LI% LAND A%T 1'@E *onstitution; "ece/ber 1% 1'@H
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TRRENS S
+ #1>+ years years receding =uly $H% 1'>D SALE R LEASE * 57LI% LANDS& er/itted cororations regardless o& the nationality o& ersons owning the controlling stock to lease or urchase lands o& the ublic do/ain udges o& courts courts ha-e the authority to to deter/ine deter/ine classication o& o& lands *5s had ower to adudicate cases relating to land titles and disutes %aa!tral !)!te' of regi!tration – when in the oinion o& the President% the ublic interest re4uires that the title to any lands be settled settled and adudicated adudicated%% he shall shall order order the "oL to /ake sur-ey sur-ey thereo&% thereo&% w6 notice notice to all ersons ersons clai/ing an interest interest therein. therein. Therea&ter% Therea&ter% "oL shall be reresented reresented by SG% shall institute the registra registration tion roceeding roceedings s by ling ling a etition etition in the roer court against the ossessors stating that ublic interest re4uires the titles to such lands be settled and adudicated. co/rehensi-e co/rehensi-e law li/ited the e0loitation o& agricultural lands to iliinos and A/ericans and citi7ens o& other countries which ga-e iliinos the sa/e ri-ileges. or udicial conr/ation o& title% ossession and occuation en concepto dueo since ti/e i//e/orial% or since =uly $H% 1('D% was re4uired. KKKP:S5T5<8 A*T !8C5!8" *ourts are no longer authori7ed to deter/ine classication o& lands Ga-e the e0ecuti-e through the President the e0clusi-e rerogati-e to classi&y ublic lands into A F "% /ineral or &orest. A&ter declaration o& AF"% this law re4uires ublication ublication and notice re'ain! as re'ain! as the e0isting general law go-erning the classication and disosition o& lands o& the ublic do/ain other than ti/ber and /ineral lands% and ri-ately owned lands which re-erted to the State. Section C@$4" of %A No& 1C1 retained the re4uire/ent under Act No. $()D o& ossession and occuation o& lands o& the ublic do/ain since ti/e i//e/orial or since =uly $H% 1('D. A/end/ents o& this !e4uire/ent Reu4lic Act $RA" No& 1.C2 :*8NP: @> 9ears D No& 10>% 10>% :*8NP: since June since June 12/ 1.C?/ or earlier. or earlier.
There are are two re4uisites re4uisites &or udicial conr/at conr/ation ion o& i/er&ect i/er&ect or inco/lete title under *A No. 1D1% na/ely3 #1+ oen% continuous% continuous% e0clusi-e% and notorious notorious ossession ossession and occuation o& the subect land by hi/sel& or through his redecessors,in,interest under a bona de clai/ de clai/ o& ownershi since ti/e i//e/orial or &ro/ June &ro/ June 12/ 1.C? and 1.C? and #$+ The classication classication o& the the land as alienable and disosable disosable land o& the ublic do/ain.
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D No& @.2 ebruary 1H% 1')H Sanish Titles /ay no longer be used as e-idence o& ownershi due to the rise o& se-eral conMicting clai/s o& ownershi
D No& 1?2.% Proerty !egistration "ecree =une 11% 1')(
discontinued the use o& Sanish titles as e-idence in land registration roceedings. Cnder the decree% all holders o& Sanish titles or grants should aly &or registration o& their lands under Act No. D'H within si0 #H+ /onths &ro/ the eIecti-ity o& the decree on ebruary 1H% 1')H. Therea&ter% the recording o& all unregistered landsshall be go-erned by Section 1'D o& the !e-ised Ad/inistrati-e *ode% as a/ended by Act No. @@DD. 8-idences o& :wnershi during Sanish !egi/e 1" !oyal Grant 2" Secial Grant >" Adust/ent Title C" Title by Purchase ?" Possessory 5n&or/ation Title 6" Gratuitous Title A/ended and udated the Act. No. D'H enacted to codi&y the -arious laws relati-e to registration o& roerty go-erns registration o& lands under the Torrens syste/ as well as unregistered lands% including chattel /ortgages. Broadened the urisdiction o& !T*s with regard to original registration o& title to lands *reated the &or/er L!* which is now Land !egistration Authority
A SITI;E A%T DE%LARIN, LAND AS ALIENA7LE AND DISSA7LE IS RE5IRED& 5n keeing with the resu/tion o& State ownershi% the *ourt has ti/e and again e/hasi7ed that there /ust be a ositi-e act o& the go-ern/ent% such asan ocial rocla/ation% declassi&ying inalienable ublic land into disosable land &or agricultural or other uroses. 5n &act% Section ( o& *A No. 1D1 li/its alienable or disosable lands only to those lands which ha-e been ocially deli/ited and classied. T8E 75RDEN * R* IN ;ER%=IN, T8E RES5=TIN * STATE 9NERS8I * T8E LANDS * T8E 57LI% D=AIN IS N T8E ERSN AL" C" ?"
residential rocla/ation or P an e0ecuti-e order; 8 an ad/inistrati-e action; A in-estiga tion reorts o& Bureau o& Lands in-estigators; and a ! legislati-e act or a statute. L
The alicant /ay also secure a certication &ro/ the go-ern/ent that the land clai/ed to ha-e been ossessed &or the re4uired nu/ber o& years is alienable and disosable. 5n this case records bere&t o& e-idence showing that% rior to $>>H% the ortions o& Boracay occuied by ri-ate clai/ants were subect o& a go-ern/ent rocla/ation that the land is A6". 2atters o& land classication or reclassication cannot be assu/ed. They call &or roo&. 93o 'a) cla!!if) lan!F J5DI%IAR< $ANGRN AND DE ALDE%A These " cases were decided under the ro-isions o& the Philiine Bill o& 1'>$ and Act No. '$H #:ctober )% 1'$H+. "uring that ti/e% the President had no ower to classi&y lands o& the ublic do/ain into /ineral% ti/ber% and agricultural. ?ence% the courts were &ree to /ake corresonding classications in usticiable cases% or were -ested with i/licit ower to do so% deending uon the reonderance o& the e-idence. To aid the courts in resol-ing land registration cases under Act No. '$H% it was then necessary to de-ise a resu/tion on land classication that in the absence o& e-idence to the contrary% lands are considered agricultural. ?owe-er% this resu/tiondid not auto/atically con-erted all lands o& the ublic do/ain as AF" agricultural lands &or it would be utterly inconsistent with and totally reugnant to the long,entrenched !egalian doctrine.The resu/tion in Ankron and "e Aldecoa attaches only to land registration cases brought under the ro-isions o& Act No. '$H% or /ore secically those cases dealing with udicial and ad/inistrati-e conr/ation o&
i/er&ect titles. The resu/tion alies to an alicant &or udicial or ad/inistrati-e con&or/ation o& i/er&ect title under Act No. '$H. 5t certainly cannot aly to landowners% such as ri-ate clai/ants or their redecessors,in,interest% who &ailed to a-ail the/sel-es o& the benets o& Act No. '$H. As to the/% their land re/ained unclassied and% by -irtue o& the !egalian doctrine% continued to be owned by the State.5n any case% the assu/tion in Ankron and "e Aldecoa was not absolute. Land classication was% in the end% deendent on roo&. 5& there was roo& that the land was better suited &or non,agricultural uses% the courts could adudge it as a /ineral or ti/ber land desite the resu/tion. E:E%5TI;E DEART=ENT Since 1.1./ courts were no longer &ree to deter/ine the classication o& lands &ro/ the &acts o& each case% e0cet those that ha-e already beca/e ri-ate lands. Act No& 2@C% ro/ulgated in 1'1' and reroduced in Section 6 of %A No& 1C1% ga-e the 80ecuti-e "eart/ent% through the President% the e0clusi-e rerogati-e to classi&y or reclassi&y ublic lands into alienable or disosable% /ineral or &orest.'H,a Since then% courts no longer had the authority% whether e0ress or i/lied% to deter/ine the classication o& lands o& the ublic do/ain. ?ere% ri-ate clai/ants% unlike the ?85!S : *5!5A*: T5!:L who were issued their title in 1'@@% did not resent a usticiable case &or deter/ination by the land registration court o& the roertys land classication. Si/ly ut% there was no oortunity &or the courts then to resol-e i& the land the Boracay occuants are now clai/ing were agricultural lands. 93en Act No& .26 a! !ulante 4) Act No& 2@C in 1.1./ it3out an alication for Huicial conr'ation 3a#ing 4een le 4) ri#ate clai'ant! or t3eir reece!!or!-in-intere!t/ t3e court! ere no longer aut3ori(e to eter'ine t3e roert)! lan cla!!ication& 8ence/ ri#ate clai'ant! cannot 4an on Act No& .26& RI;ATE %LAI=ANTS %NTIN5ED SSESSIN 5NDER A%T N& .26 DES NT %REATE A RES5=TIN T8AT T8E LAND IS ALIENA7LE& Pri-ate clai/ants also contend that their continued ossession o& ortions o& Boracay 5sland &or the re4uisite eriod o& ten #1>+ years under Act No. '$H iso &acto con-erted the island into ri-ate ownershi. ?ence% they /ay aly &or a title in their na/e.A si/ilar argu/ent was s4uarely reected by the *ourt in *ollado -. *ourt o& Aeals. *ollado% citing the searate oinion o& now *hie& =ustice !eynato S. Puno in *ru7 -. Secretary o& 8n-iron/ent and Natural !esources%1>),a ruled3 Act No. '$H% the rst Public Land Act% was assed in ursuance o& the ro-isions o& the Philiine Bill o& 1'>$. The law go-erned the disosition o& lands o& the ublic do/ain. 5t prescribed rules and regulations or the homesteading' selling and leasing o portions o the public domain o the (hilippine 0slands' and prescribed the terms and conditions to enable persons to perect their titles to public lands in the 0slands! 0t also provided or the issuance o patents to certain native settlers upon public lands' or the establishment o to,n sites and sale o lots therein' or the completion o imperect titles' and or the cancellation or conrmation o .panish concessions and grants in the 0slands! 5n short% the Public Land Act oerated on the assu/tion that title to ublic lands in the Philiine 5slands re/ained in the go-ern/ent; and that the go-ern/ents title to ublic land srung &ro/ the Treaty o& Paris and other subse4uent treaties between Sain and the Cnited States. The ter/ u4lic lanreerred to all lands o the public domain ,hose title still remained in the government and are thro,n open to private appropriation and settlement' and e1cluded the patrimonial property o the government and the riar lands.Thus% it is lain error &or etitioners to argue that under the Philiine Bill o& 1'>$ and Public Land Act No. '$H% /ere ossession by ri-ate indi-iduals o& lands creates the legal resu/tion that the lands are alienable and disosable. #8/hasis :urs+ E:%ET *R LANDS ALREAD< %;ERED 7< E:ISTIN, TITLES/ 7RA%A< 9AS AN 5N%LASSI*IED LAND * T8E 57LI% D=AIN RIR T R%LA=ATIN N& 106C& S5%8 5N%LASSI*IED LANDS ARE %NSIDERED 57LI% *REST 5NDER D N& 0?& The "8N! and the National 2aing and !esource 5n&or/ation Authority certi&y that Boracay 5sland is an unclassied land o& the ublic do/ain.P" No. )>E issued by President 2arcos categori7ed all unclassied lands o& the ublic do/ain as ublic &orest. Section @#a+ o& P" No. )>E denes a PCBL5* :!8ST as a mass o lands o the public domain ,hich has not been the sub2ect o the present system o classication or the determination o ,hich lands are needed or orest purpose and ,hich are not . Alying P" No. )>E% all unclassied lands% including those in Boracay
@
5sland% are ipso acto considered public orests! (3 "o! $)&' ho,ever' respects titles already e1isting prior to its e4ectivity! The *ourt notes that the classication o& Boracay as a &orest land under P" No. )>E /ay see/ to be out o& touch with the resent realities in the island. Boracay% no doubt% has been artly stried o& its &orest co-er to a-e the way &or co//ercial de-elo/ents. As a re/ier tourist destination &or local and &oreign tourists% Boracay aears /ore o& a co//ercial island resort% rather than a &orest land.Ne-ertheless% that the occuants o& Boracay ha-e built /ulti,/illion eso beach resorts on the island; that the island has already been stried o& its &orest co-er; or that the i/le/entation o& Procla/ation No. 1>HD will destroy the islands touris/ industry% do not negate its character as ublic &orest. *ore!t!% in the conte0t o& both the Public Land Act and the *onstitution classi&ying lands o& the ublic do/ain into agricultural% &orest or ti/ber% /ineral lands% and national arks% do not necessarily reer to large tracts o ,ooded land or e1panses covered by dense gro,ths o trees and underbrushes A &orested area classied as &orest land o& the ublic do/ain does not lose such classi#cation si$ply %ecause loggers or settlers $ay ha&e stripped it of its forest co&e r. The classi#cation is descripti&e of its legal nature or status and does not ha&e to %e descripti&e of what the land actually loo's li'e( Cnless and until the land classied as &orest is released in an ocial rocla/ation to that eIect so that it /ay &or/ art o& the disosable agricultural lands o& the ublic do/ain% the rules on conr/ation o& i/er&ect title do not aly. #8/hasis sulied+ R%LA=ATIN N& 1@01 IS NT A SIITI;E A%T . ?owe-er% ri-ate clai/ants argue that Procla/ation No. 1(>1 issued by then President 2arcos in 1')( entitles the/ to udicial conr/ation o& i/er&ect title. The Procla/ation classied Boracay% a/ong other islands% as a tourist 7one. Pri-ate clai/ants assert that% as a tourist sot% the island is suscetible o& ri-ate ownershi. Procla/ation No. 1(>1 or PTA *ircular No. @,($ did not con-ert the whole o& Boracay into an agricultural land but /erely recogni7es that the island can be classied by the 80ecuti-e deart/ent ursuant to its owers under *A No. 1D1. There&ore% Procla/ation No. 1(>1 cannot be dee/ed the ositi-e act needed to classi&y Boracay 5sland as alienable and disosable land. 5& President 2arcos intended to classi&y the island as alienable and disosable or &orest% or both% he would ha-e identied the secic li/its o& each% as President Arroyo did in Procla/ation No. 1>HD. This was not done in Procla/ation No. 1(>1. The Jhereas clauses o& rocla'ation No& 1@01shows that the rocla/ation i! ai'e ata'ini!tering t3e i!lan! for touri!' an ecological uro!e!& It oe! not are!! t3e area! aliena4ilit). IT 9AS R%LA=ATIN N& 106C * 2006 98I%8 SITI;EL< DE%LARED ART * 7RA%A< AS ALIENA7LE AND ENED T8E SA=E T RI;ATE 9NERS8I& Section! 6 an of %A No& 1C1 ro-ide that it is only the President% uon the reco//endation o& the roer deart/ent head% who has the authority to classi&y the lands o& the ublic do/ain into alienable or disosable% ti/ber and /ineral lands. 5n issuing Procla/ation No. 1>HD% President Gloria 2acaagal,Arroyo /erely e0ercised the authority granted to her to classi&y lands o& the ublic do/ain% resu/ably subect to e0isting -ested rights. *lassication o& ublic lands is the e0clusi-e rerogati-e o& the 80ecuti-e "eart/ent% through the :ce o& the President. *ourts ha-e no authority to do so. Absent such classication% the land re/ains unclassied until released and rendered oen to disosition. R%LA=ATIN N& 106C DES NT ;ILATE T8E %=RE8ENSI;E A,RARIAN RE*R= LAJ. Pri-ate clai/ants &urther assert that Procla/ation No. 1>HD -iolates the ro-ision o& the #*A!L+ or !A No. HHE) 4arring con#er!ion of u4lic fore!t! into agricultural lan! . They clai/ that since Boracay is a ublic &orest under P" No. )>E% President Arroyo can no longer con-ert it into an agricultural land without running a&oul o& Section D#a+ o& !A No. HHE)% thus3 SE%& C& Scoe& T3e %o're3en!i#e Agrarian Refor' La of 1.@@ shall co-er% regardless o& tenurial arrange/ent and co//odity roduced% all ublic and ri-ate agricultural lands as ro-ided in Procla/ation No. 1@1 and 80ecuti-e :rder No. $$'% including other lands o& the ublic do/ain suitable &or agriculture. That Boracay 5sland was classied as a ublic &orest under P" No. )>E did not bar the 80ecuti-e &ro/ later con-erting it into agricultural land. Boracay 5sland still re/ained
an unclassied land o& the ublic do/ain desite P" No. )>E.% the rohibition under the *A!L alies only to a reclassication o& land. If t3e lan 3a ne#er 4een re#iou!l) cla!!ie/ a! in t3e ca!e of 7oraca)/ t3ere can 4e no ro3i4ite recla!!ication uner t3e agrarian la& Je agree with the oinion o& the "eart/ent o& =ustice on this oint3Thus% ob-iously% the rohibition in Section D#a+ o& the *A!L against the reclassication o& &orest lands to agricultural lands without a rior law deli/iting the li/its o& the ublic do/ain% does not% and cannot% aly to those lands o& the ublic do/ain% deno/inated as ublic &orest under the !e-ised orestry *ode% which ha-e not been re-iously deter/ined% or classied% as needed &or &orest uroses in accordance with the ro-isions o& the !e-ised orestry *ode. RI;ATE %LAI=ANTS ARE NT ENTITLED T AL< *R J5DI%IAL %N*IR=ATIN * I=ER*E%T TITLE 5NDER %A N& 1C1& NEIT8ER D T8E< 8A;E ;ESTED RI,8TS ;ER T8E %%5IED LANDS 5NDER T8E SAID LA9. There are two re4uisites &or udicial conr/ation o& i/er&ect or inco/lete title under *A No. 1D1% na/ely3 1" :*8NP: o& the subect land by hi/sel& or through his redecessors,in,interest under a bona de clai/ o& ownershi since ti/e i//e/orial or &ro/ =une 1$% 1'DE; and 2" the classication o& the land as alienable and disosable land o& the ublic do/ain. 93) 4 of 1.02 an act& No& .26 an n 1@01 reliance 'u!t failF 4ecau!e of t3e a4!ence of t3e 2 n of a their entitle/ent to a go-ern/ent grant under our resent ublic land act resuoses that the land ossessed and alied &or is already alienable and disosable. this is clear &ro/ the wording o& the law itsel&. where the land is not alienable and disosable% ossession o& the land% no /atter how long% cannot con&er ownershi or ossessory rights. Neither /ay ri-ate clai/ants aly &or udicial conr/ation o& i/er&ect title under Procla/ation No. 1>HD% with resect to those lands which were classied as agricultural lands. Pri-ate clai/ants &ailed to ro-e the rst ele/ent o& :*8NP: o& their lands in Boracay since =une 1$% 1'DE. All is not lost% howe-er. Lack o& title does not necessarily /ean lack o& right to ossess. or one thing% those with law&ul ossession /ay clai/ good &aith as builders o& i/ro-e/ents. They can take stes to reser-e or rotect their ossession. or another% they /ay look into other /odes o& alying &or original registration o& title% such as by ho/estead or sales atent% subect to the conditions i/osed by law. 2ore realistically% *ongress /ay enact a law to entitle ri-ate clai/ants to ac4uire title to their occuied lots or to e0e/t the/ &ro/ certain re4uire/ents under the resent land laws. There is one such bill now ending in the ?ouse o& !eresentati-es. Jhether that bill or a si/ilar bill will beco/e a law is &or *ongress to decide. 5n issuing Procla/ation No. 1>HD% the go-ern/ent has taken the ste necessary to oen u the island to ri-ate ownershi. This gesture /ay not be sucient to aease so/e sectors which -iew the classication o& the island artially into a &orest reser-e as absurd. That the island is no longer o-errun by trees% howe-er% does not becloud the -ision to rotect its re/aining &orest co-er and to strike a healthy balance between rogress and ecology. 8cological conser-ation is as i/ortant as econo/ic rogress. To be sure% &orest lands are &unda/ental to our nations sur-i-al. Their ro/otion and rotection are not ust &ancy rhetoric &or oliticians and acti-ists. These are needs that beco/e /ore urgent as destruction o& our en-iron/ent gets re-alent and dicult to control. As atly obser-ed by =ustice *onrado Sanche7 in 1'H( in "irector o& orestry -. 2uno73 The -iew this *ourt takes o& the cases at bar is but in adherence to ublic olicy that should be &ollowed with resect to &orest lands. 2any ha-e written /uch% and /any /ore ha-e soken% and 4uite o&ten% about the ressing need &or &orest reser-ation% conser-ation% rotection% de-elo/ent and re&orestation. Not without ustication. or% &orests constitute a -ital seg/ent o& any countryOs natural resources. 5t is o& co//on knowledge by now that absence o& the necessary green co-er on our lands roduces a nu/ber o& ad-erse or ill eIects o& serious roortions. Jithout the trees% watersheds dry u; ri-ers and lakes which they suly are e/tied o& their contents. The sh disaear. "enuded areas beco/e dust bowls. As water&alls cease to &unction% so will hydroelectric lants. Jith the rains% the &ertile tosoil is washed away; geological erosion results. Jith erosion co/e the dreaded Moods that wreak ha-oc and destruction to roerty cros% li-estock% houses% and highways not to /ention recious hu/an li-es. 5ndeed% the &oregoing obser-ations should be written down in a lu/ber/ans decalogue.
D
Also% etitioners contended that% by ro-iding &or an all,enco/assing denition o& Rancestral do/ains and Rancestral lands% it /ight include ri-ate lands &ound within the said areas. RE57LI% ;& NA,5IAT A*TS3 !esondent *elestina Naguiat led &or an alication &or registration o& D arcels o& land located in a/bales. She alleges that she is the owner o& the subect lands ha-ing ac4uired the/ &ro/ L5" *ororation. L5" *or. ac4uired the land &ro/ *alderon% 2oraga% 2one and their redecessors in interest who ha-e been in :*8NP: &or /ore than @> years. She belie-es that the lots are not /ortgaged nor encu/bered. R oosed the alication alleging 1" No :*8NP: since 1$ =une 1'DE or rior thereto; 2" /uni/ents o& title and ta0 ay/ent receits o& alicant do not constitute co/etent and sucient e-idence o& a bona,de ac4uisition o& the lands alied &or or o& his :*8NP: ; >" alicants clai/ o& ownershi in &ee si/le on the basis o& Sanish title or grant can no longer be a-ailed o& . . .; and that C" arcels o& land alied &or are art o& the ublic do/ain belonging to !P not subect to ri-ate aroriation. The !T* rendered udg/ent in &a-or o& Naguiat which was subse4uently ar/ed by the *A. ?ence% the aeal be&ore the S*. The !eublic &aults the *A on its nding which resects the length o& Naguiats occuation o& the subect roerty and &or not considering the &act that she has not established that the lands in 4uestion ha-e been declassied &ro/ &orest land to AF" roerty. 5SSC83 whether or not the areas in 4uestion ha-e ceased to ha-e the status o& &orest or other inalienable lands o& the ublic do/ainQ !CL5NG3 S* had an oortunity to discuss the concet o& !egalian "octrine in this case. 5t states that all lands o& the ublic do/ain belong to the State that is the source o& any asserted right to ownershi o& land. Public lands not shown to ha-e been reclassied or released as alienable agricultural land or alienated to a ri-ate erson by the State re/ain art o& the inalienable ublic do/ain. The burden o& roo& to o-erturn the resu/tion that the land subect o& an alication is alienable or disosable rests with the alicant. The S* said that the *A% in this case% assu/ed that the lands in 4uestion are already AF". *A ratiocinated that the ossession o& Naguiat o& the lands created a legal ction where without udicial declaration% the sa/e ceases to be a ublic land and beco/es ri-ate roerty iso ure. !esondent Naguiat did not resent any incontro#erti4le roof that there has been a ositi-e act &ro/ the go-ern/ent which reclassied the land alied &or as AF". The ta0 receits cannot be a sucient roo& &or there is no in&or/ation about the classication o& the roerty on it. 5nstead% the alicant could ha-e obtained a *erticate o& Land *lassication &ro/ the "8N! as a -alid roo&. Since the land is unclassied% according to S*% the sa/e cannot be ac4uired by ad-erse occuation. :ccuation on such land in the concet o& an owner% howe-er long% cannot rien into ri-ate ownershi and be registered title. To this% the alication o& Naguiat to ha-e the lands registered is denied. ISA,ANI %R5K ;S& SE%RETAR< * EN;IRN=ENT >C S%RA 12@ *A%TS+ 5sagani *ru7 and *esar 8uroa% etitioners% assailed the constitutionality o& certain ro-isions o& !A (@)1 # 5ndigenous Peoles !ights Act o& 1'')+ together with its i/le/enting rules and regulations. The :SG also co//ented that 5P!A is artly unconstitutional on the ground that it grants ownershi o-er natural resources to indigenous eole. :n the other hand% %8R asserts that 5P!A is an e0ression o& the rincile o& arens atriae and that the State has the resonsibility to rotect and guarantee the rights o& those who are at a serious disad-antage like indigenous eole. or this reason% it rays that the etition be dis/issed. Petitioners *ru7 and 8uroa countered the constitutionality o& 5P!A and its i/le/enting rules on the ground that they a/ount to an unlaw&ul deri-ation o& the States ownershi o-er lands o& the ublic do/ain as well as /inerals and other natural resources. Also% that the law is in -iolation o& the !egalian "octrine e/bodied in the *onstitution.
I!!ue+J:N 5P!A is unconstitutional as it contra-enes !egalian "octrineQ Ruling+ N/ IRA i! 3el to 4e con!titutional& A&ter due deliberation on the etition% ) /e/bers o& the court -oted to dis/iss the etition% and ) /e/bers o& the court -oted to grant the sa/e. The case was redeliberated uon% howe-er% the -otes re/ained the sa/e. According to the !ules o& *i-il Procedure% the etition has to be dis/issed. The constitutionality o& 5P!A is uheld. Ju!tice angani4an! Di!!enting inion+ *ontentions o& !A (@)1s unconstitutionality3 1. 5t -iolates the inalienability o& Natural !esources and o& Public "o/ains. That this is in contra-ention to Section $% Art. 1$ o& the *onstitution that only agricultural lands o& the ublic do/ain can be considered as alienable and disosable lands. $. No land area li/its are secied , That D6E o& the countrys natural resources and 16@ o& the countrys land will be concentrated to 1$ 2illion 5Ps% and while H> /illion other iliinos will share the re/aining. These gures -iolates the constitutional rincile o& a R/ore e4uitable distribution o& oortunities% inco/e% and wealth a/ong iliinos. @. 5t abdicates the State "uty to take ull *ontrol and Suer-ision o& Natural !esources D. Public "o/ains and Natural !esources are owned by the State and *annot be Alienated or *eded
Sec& 2Nature of Regi!tration roceeing!/ Juri!iction of %ourt! =udicial Proceedings &or the registration o& lands throughout the Philiines shall be in re/ Based on generally acceted rinciles underlying the Torrens syste/ *5 shall ha-e e0clusi-e urisdiction o-er all alications &or original registration o& title to lands% including all i/ro-e/ents and interests therein% and o-er all etitions led a&ter original registration o& title% with ower to hear and deter/ine all 4uestions arising uon such alications or etitions. The court through its clerk o& court shall &urnish the Land !egistration *o//ission with $ certied coies o& all leadings% e0hibits% orders% and decisions led or o issued in alications or etitions & or land registration% o with the e0cetion o& stenograhic notes% within E days &ro/ the ling or issuance thereo&
8i!tor) -
concetuali7ed by Sir !obert Torrens &ro/ South Australia the urose is to do away with the delay% uncertainty% and e0ense o& the syste/
93at i! Torren! S)!te'F - Those syste/s o& registration o& transaction with interest in land whose declared obect is% under go-ern/ental authority; - To establish and certi&y to the ownershi o& an absolute and inde&easible title to realty% - To si/li&y its trans&er 93at are t3e uro!e! of Torren! S)!te'F $Legara #& Salee4)" 1" To 4uiet title to land; 2" To ut a sto &ore-er to any 4uestion o& the legality o& title Excetion *lai/s which were noted at the ti/e o& registration% in the certicate or which /ay arise subse4uent thereto once a title is registered% the owner /ay rest secure without necessity o& waiting in the ortals o& the court% or sitting in the R mirador de su casa to a-oid the ossibility o& losing his land.
A#antage! of t3e Torren! S)!te' 1" Substitutes security &or insecurity 2" !educed the cost o& con-eyances and ti/e occuied
E
>" C" ?" 6"
80changed bre-ity and clearness &or obscurity and -erbiage Si/lied ordinary dealings AIords rotection against &raud !estored to their ust -alue /any estates% held under good holding titles% but dereciated in conse4uence o& so/e blur or technical de&ect% and has barred the reoccurrence o& any si/ilar &aults
T8REE RIN%ILES in t3e TS 1" =irror rincile o i& there are se-eral trans&ers% the T*T will be a /irror in that it should be identical to the current &acts. 5& the seller sells the land% the old title /ust be identical to the new one i n ter/s o& technical descrition% so as to rein&orce the concet that the buyers should be able to rely on the &ace o& the title. o 80cetion a" when a erson deals with a registered land with so/eone that is not the registered owner 4" when the arty has actual knowledge o& &acts which should i/el a reasonably cautious /ind to /ake such in4uiry to the lack o& title; c" in cases o& banking and nancing institutions 2" %urtain rincile o The concet that the buyer should be able to rely on the &ace o& the title% and should not go beyond the certicate. 5n a way% the buyer does not ha-e to go behind the curtain to ascertain the truth o& the title% because the Torrens *erticate guarantees hi/ that. >" In!urance rincile o 84uates registration to a guarantee by the State
LAJS P!5:! T: 1E$'% See Table under Sec. -. 9a P" 1E$' ?ow is urisdiction o-er the !8S ac4uiredQ A3 Sec. $@ 1" Publication 2" 2ailing >" Notice Jho /ay aly &or registrationQ A3 Sec. 1D% . 1,D:PAL 1" Those who by the/sel-es or through their redecessors in interest ha-e been in :*8NP: o& A" lands o& the ublic do/ain under a bona de clai/ o& ownershi since =une 1$% 1'DE or earlier 2" Those who ha-e ac4uired ownershi o& ri-ate lands by rescrition under the ro-isions o& e0isting laws >" Those how ha-e ac4uired ownershi o& ri-ate lands or abandoned ri-er beds by right o& accession or accretion under the e0isting laws C" Those who ha-e ac4uired ownershi o& land in any other /anner ro-ided by law Jhere and how to le the alication &or !egistrationQ Jith the !T* o& the ro-ince or city where the land is situated. The T* shall issue an order setting the date and hour o& initial hearing% and the ublic shall be gi-en notice thereo& by /eans o& ublication% /ailing and osting. Any erson clai/ing an interest in the land /ay aear and le an oosition% stating all his obections to the alication. The case shall be heard and all conMicting clai/s o& ownershi shall be deter/ined by the court. :nce the udg/ent beco/es nal% the court shall issue an order &or the issuance o& a decree and the corresonding certicate o& title in &a-our o& the erson adudged as entitled to registration. Thereuon. The LAN" !8G5ST!AT5:N ACT?:!5T9 shall reare the corresonding decree o& registration as well as the original and dulicate certicate o& title which shall be sent to the !egister o& "eeds o& the city or ro-ince where the land lies &or registration. =urisdiction in ci-il cases in-ol-ing title to roerty Sec. 1'#$+% BP 1$'
Jith the !T* where assessed -alue o& the roerty e0ceeds $>k 5& 2anila% i& the assessed -alue o& the roerty e0ceeds E>k 80cetions o orcible entry o Cnlaw&ul detainer o& lands or buildings
DI**EREN%E 7ET9EEN TITLE AND %ERTI*I%ATE * TITLE TITLE %ERTI*I%ATE * TITLE Source o& right 2erely conr/s a title already e0isting oundation o& ownershi 2ere e-idence o& ownershi Best e-idence o& ownershi Best e-idence o& title
LE,ARDA ;& SALEE7< G.!. No. L,('@H :ctober $% 1'1E *AS83 Land is registered under the na/e o& two ersons *A%TS3 o
o
o
That the laintiIs L8GA!"A and the de&endant SAL88B9 occuy% as owners% adoining lots which e0isted a nu/ber o& years a stone wall between the said lots. Said wall is located on the lot o& the laintiIs L8GA!"A. Con etition to the *ourt% Legarda was able to obtain a decree o& registration which included the stonewall. Se-eral /onths later #the 1@th day o& "ece/ber% 1'1$+ the laintiIs L8GA!"A disco-ered that the wall which had been included in the certicate granted to the/ had also been included in the certicate granted to the de&endant .They i//ediately resented a etition in the *ourt o& Land !egistration &or an adust/ent and correction o& the error co//itted The lower court howe-er% without notice to the de&endant SAL88B9 denied said etition uon the theory that% during the endency o& the etition &or the registration o& the de&endantOs land% they &ailed to /ake any obection to the registration o& said lot% including the wall% i n the na/e o& the de&e ndant SAL88B9.
ISS5E3 J6N the lower court is correct in granting to SAL88B9 the stonewall as his registered roertyQ N: R5LIN,+ The !8AL PC!P:S8 : T?AT S9ST82 is to 4uiet title to land; to ut a sto &ore-er to any 4uestion o& the legality o& the title% e0cet clai/s which were noted at the ti/e o& registration% in the certicate% or which /ay arise subse4uent thereto. That being the urose o& the law% it would see/ that once a title i! regi!tere t3e oner 'a) re!t !ecure/ it3out t3e nece!!it) of aiting in t3e ortal! of t3e court/ or !itting in t3e M'iraor e !u ca!a/M to a#oi t3e o!!i4ilit) of lo!ing 3i! lan& :& course% it can not be denied that the roceeding &or the registration o& land under the torrens syste/ is udicial #8scueta -s. ."irector o& Lands% 1H Phil. !e.% D($+. 5t is clothed with all the &or/s o& an action and the result is nal and binding uon all the world. 5t is an action in re/. Jhile the roceeding is udicial% it in-ol-es /ore in its conse4uences than does an ordinary action. All the world are arties% including the go-ern/ent. A&ter the registration is co/lete and nal and there e0ists no &raud% there are no innocent third arties who /ay clai/ an interest. The rig3t! of all t3e orl are foreclo!e 4) t3e ecree of regi!tration . The go-ern/ent itsel& assu/es the burden o& gi-ing notice to all arties. To er/it ersons who are arties in the registration roceeding #and they are all the world+ to again litigate the sa/e 4uestions% and to again cast doubt uon the -alidity o& the registered title% would destroy the -ery urose and intent o& the law. T8E RE,ISTRATIN/ 5NDER T8E TRRENS S
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roceeding er/itted by law. :therwise all security in registered titles would be lost. A regi!tere title can not 4e altere/ 'oie/ enlarge/ or i'ini!3e in a collateral roceeing an not e#en 4) a irect roceeing/ after t3e la!e of t3e erio re!cri4e 4) la& or the diculty in-ol-ed in the resent case the Act #No. D'H+ ro-iding &or the registration o& titles under the torrens syste/ aIords us no re/edy. There is no ro-ision in said Act gi-ing the arties relie& under conditions like the resent. There is nothing in the Act which indicates who should be the owner o& land which has been registered in the na/e o& two diIerent ersons. The rule% we think% is well settled that the ecree orering t3e regi!tration of a articular arcel of lan i! a 4ar to future litigation o#er t3e !a'e 4eteen t3e !a'e artie! .5n -iew o& the &act that all the world are arties% it /ust &ollow that &uture litigation o-er the title is &ore-er barred; there can be no ersons who are not arties to the action. This% we think% is the rule% E:%ET a! to rig3t! 3ic3 are note in t3e certicate or 3ic3 ari!e !u4!eBuentl)/ an it3 certain ot3er excetion! 3ic3 nee not 4e i!'i!!e at re!ent& A title once registered can not be de&eated% e-en by an ad-erse% oen% and notorious ossession. !8G5ST8!8" T5TL8 CN"8! T?8 T:!!8NS S9ST82 *AN N:T B8 "88AT8" B9 P!8S*!5PT5:N #section DH% Act No. D'H+. The title% once registered% is notice to the world. All ersons /ust take notice. No one can lead ignorance o& the registration. The 4uestion% who is the owner o& land registered in the na/e o& two diIerent ersons% has been resented to the courts in other urisdictions. 5n so/e urisdictions% where the UtorrensU syste/ has been adoted% the diculty has been settled by e0ress statutory ro-ision. 5n others it has been settled by the courts. ?ogg% in his e0cellent discussion o& the UAustralian Torrens Syste/%U at age ($@% says3 UT8E ,ENERAL R5LE IS T8AT IN T8E %ASE * T9 %ERTI*I%ATES * TITLE/ 5RRTIN, T IN%L5DE T8E SA=E LAND/ T8E EARLIER IN DATE RE;AILS/ 98ET8ER T8E LAND %=RISED IN T8E LATTER %ERTI*I%ATE 7E 98LL@ of Act No& C.6/ ro-ides that;50t 6the decree o registration7 shall be conclusive upon and against all persons' including the 0nsular overnment and all the branches thereo' ,hether mentioned by name in the application' notice' or citation' or included in the general description )To all who$ it $ay concern !5 .uch decree shall not be opened by reason o the absence' inancy' or other disability o any person a4ected thereby' nor by any proceeding in any court or reversing 2udgments or decrees8 sub2ect' ho,ever' to the right o any person deprived o land or o any estate or interest therein by decree o registration obtained by raud to le in the Court o /and Registration a petition or revie, ,ithin one year ater entry o the decree 6o registration7' provided no innocent purchaser or value has ac-uired an interest! ,ENERAL R5LE+ Udecree o& registrationU shall not be oened% &or any reason% in any court% E:%ETIN3 &raud% and not e-en &or &raud% a&ter the lase o& one year. + 5& then the decree o& registration can not be oened &or any reason% e0cet &or &raud% in a direct roceeding &or that urose% /ay such decree be oened or set aside in a collateral roceeding by including a ortion o& the land in a subse4uent certicate or decree o& registrationQ Je do not belie-e the law conte/lated that a erson could be deri-ed o& his registered title in that way.Je ha-e in this urisdiction a general statutory ro-ision which go-erns the right o& the ownershi o& land when the sa/e is registered in the ordinary registry in the na/e o& two
ersons. Article 1C> of t3e %i#il %oe ro-ides% a/ong other things% that when one iece o& real roerty had been sold to two diIerent ersons it shall belong to the erson ac4uiring it% who rst inscribes it in the registry. This rule% o& course% resuoses that each o& the -endees or urchasers has ac4uired title to the land. The real ownershi in such a case deends uon riority o& registration. Adoting the rule which we belie-e to be /ore in consonance with the uroses and the real intent o& the torrens syste/% we are o& the oinion and so decree that in case land has been registered under the Land !egistration Act in the na/e o& two diIerent ersons% the earlier in date shall re-ail. 0n the present case % the aellee SAL88B9 was the rst negligent #granting that he was the real owner% and i& he was not the real owner he cannot co/lain+ in not oosing the registration in the na/e o& the aellants. Granting that he was the owner o& the land uon which the wall is located% his &ailure to oose the registration o& the sa/e in the na/e o& the aellants% in the absence o& &raud% &ore-er closes his /outh against i/ugning the -alidity o& that udg/ent. There is no /ore reason why the doctrine in-oked by the aellee should be alied to the aellants than to hi/.
IN %ASE * D57LE RE,ISTRATIN 5NDER T8E LAND RE,ISTRATIN A%T/ T8AT T8E 9NER * T8E EARLIEST %ERTI*I%ATE IS T8E 9NER * T8E LAND& That is the rule between original arties. 2ay this rule be alied to successi-e -endees o& the owners o& such certicatesQ Suose that one or the other o& the arties% be&ore the error is disco-ered% trans&ers his original certicate to an Uinnocent urchaser.U The general rule is that the #enee of lan 3a! no greater rig3t/ title/ or intere!t t3an 3i! #enor t3at 3e acBuire! t3e rig3t 3ic3 3i! #enor 3a/ onl)& Cnder that rule the -endee o& the earlier certicate would be the owner as against the -endee o& the owner o& the later certicate. Je nd statutory ro-isions which% uon rst reading% see/ to cast so/e doubt uon the rule that the -endee ac4uires the interest o& the -endor only. Sections @(% EE% and 11$ o& Act No. D'H indicate that the vendee may ac-uire rights and be protected against deenses ,hich the vendor ,ould not . Said sections seak o& a-ailable rights in &a-or o& third arties which are cut oI by -irtue o& the sale o& the land to an Uinnocent urchaser.U That is to say% persons ,ho had had a right or interest in land ,rongully included in an original certicate ,ould be unable to enorce such rights against an 5innocent purchaser'5 by virtue o the provisions o said sections! CN"8! T?8 !CL8 : N:T5*8% 5T 5S P!8SC28" T?AT T?8 PC!*?AS8! ?AS 8VA25N8" 8<8!9 5NST!C28NT : !8*:!" A8*T5NG T?8 T5TL8. Such resu/tion is irrebutable. ?e is charged with notice o& e-ery &act shown by the record and is resu/ed to know e-ery &act which an e0a/ination o& the record would ha-e disclosed. This resu/tion cannot be o-erco/e by roo& o& innocence or good &aith. :therwise the -ery urose and obect o& the law re4uiring a record would be destroyed. Such resu/tion cannot be de&eated by roo& o& want o& knowledge o& what the record contains any /ore than one /ay be er/itted to show that he was ignorant o& the ro-isions o& the law. The rule that all ersons /ust take notice o& the &acts which the ublic record contains is a rule o& law. The rule /ust be absolute. Any -ariation would lead to endless con&usion and useless litigation. Jhile there is no statutory ro-ision in &orce here re4uiring that original deeds o& con-eyance o& real roerty be recorded% yet there is a rule re4uiring /ortgages to be recorded. #Arts. 1()E and H>H o& the *i-il *ode.+ The record o& a /ortgage is indisensable to its -alidity. #Art .1()E.+ 5n the &ace o& that statute would the courts allow a /ortgage to be -alid which had not been recorded% uon the lea o& ignorance o& the statutory ro-ision% when third arties were interestedQ 2ay a urchaser o& land% subse4uent to the recorded /ortgage% lead ignorance o& its e0istence% and by reason o& such ignorance ha-e the land released &ro/ such lienQ *ould a urchaser o& land% a&ter the recorded /ortgage% be relie-ed &ro/ the /ortgage lien by the lea that he was a bona de urchaserQ 2ay there be a bona de urchaser o& said land% bona de in the sense that he had no knowledge o& the e0istence o& the /ortgageQ Je belie-e the rule that all ersons /ust take notice o& what the ublic record contains in ust as obligatory uon all ersons as the rule that all /en /ust know the law; that no one can lead ignorance o& the law. The &act that all /en know the law is contrary to the resu/tion. The conduct o& /en% at ti/es% shows clearly that they do not know the law. The rule% howe-er% is /andatory and obligatory% notwithstanding. 5t would be ust as logical to allow the de&ense o& ignorance o& the e0istence and contents o& a ublic record.
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5n -iew% there&ore% o& the &oregoing rules o& law% /ay the urchaser o& land &ro/ the owner o& the second original certicate be an Uinnocent urchaser%U when a art or all o& such land had thereto&ore been registered in the na/e o& another% not the -endorQ Je are o& the oinion that said sections @(% EE% and 11$ should not be alied to such urchasers. Je do not belie-e that the hrase Uinnocent urchaser should be alied to such a urchaser. ?e cannot be regarded as an Uinnocent urchaserU because o& the &acts contained in the record o& the rst original certicate. The rule should not be alied to the urchaser o& a arcel o& land the -endor o& which is not the owner o& the original certicate% or his successors. ?e% in nonsense% can be an Uinnocent urchaserU o& the ortion o& the land included in another earlier original certicate. The rule o& notice o& what the record contains recludes the idea o& innocence. By reason o& the rior registry there cannot be an innocent urchaser o& land included in a rior original certicate and in a na/e other than that o& the -endor% or his successors. 5n order to /ini/i7e the diculties we think this is the sa&e rule to establish. Je belie-e the hrase Uinnocent urchaser%U used in said sections% should be li/ited only to cases where unregistered land has been wrong&ully included in a certicate under the torrens syste/. Jhen land is once brought under the torrens syste/% the record o& the original certicate and all subse4uent trans&ers thereo& is notice to all the world. That being the rule% could Teus e-en regarded as the holder in good &th o& that art o& the land included in his certicate o& the aellantsQ Je think not. Suose% &or e0a/le% that Teus had ne-er had his lot registered under the torrens syste/. Suose he had sold his lot to the aellee and had included in his deed o& trans&er the -ery stri o& land now in 4uestion. *ould his -endee be regarded as an Uinnocent urchaserU o& said striQ Jould his -endee be an Uinnocent urchaserU o& said striQ *ertainly not. The record o& the original certicate o& the aellants recludes the ossibility. ?as the aellee gained any right by reason o& the registration o& the stri o& land in the na/e o& his -endorQ Alying the rule o& notice resulting &ro/ the record o& the title o& the aellants% the 4uestion /ust be answered in the negati-e. Je are o& the oinion that these rules are /ore in har/ony with the urose o& Act No. D'H than the rule contended &or by the aellee. Je belie-e that the urchaser &ro/ the owner o& the later certicate% and his successors% should be re4uired to resort to his -endor &or da/ages% in case o& a /istake like the resent% rather than to /olest the holder o& the rst certicate who has been guilty o& no negligence. The holder o& the rst original certicate and his successors should be er/itted to rest secure in their title% against one who had ac4uired rights in conMict therewith and who had &ull and co/lete knowledge o& their rights. The urchaser o& land included in the second original certicate% by reason o& the &acts contained in the ublic record and the knowledge with which he is charged and by reason o& his negligence% should suIer the loss% i& any% resulting &ro/ such urchase% rather than he who has obtained the rst certicate and who was innocent o& any act o& negligence. The &oregoing decision does not sol-e% nor retend to sol-e% all the diculties resulting &ro/ double registration under the torrens syste/ and the subse4uent trans&er o& the land. Neither do we now atte/t to decide the eIect o& the &or/er registration in the ordinary registry uon the registration under the torrens syste/. Je are inclined to the -iew% without deciding it% that the record under the torrens syste/% suersede all other registries. 5& that -iew is correct then it will be sucient% in dealing with land registered and recorded alone. :nce land is registered and recorded under the torrens syste/% that record alone can be e0a/ined &or the urose o& ascertaining the real status o& the title to the land. 5t would be seen to a ust and e4uitable rule% when two ersons ha-e ac4uired e4ual rights in the sa/e thing% to hold that the one who ac4uired it rst and who has co/lied with all the re4uire/ents o& the law should be rotected. SLID STATE =5LTI-RD5%TS %or& #!&%A G.!. No. (@@(@ 2ay H% 1''1 *A%TS+ 5n 1.@2% Solid State% a do/estic cororation% led an action &or 4uieting o& title on a arcel o& land located at 5/us% *a-ite which was allegedly registered by 2& PeWarandaOs occuation o& the land is deri-ed through a -oluntary assign/ent o& right o& the &or/er occuant% 2abini Legasi% and that the sa/e is &ree &ro/ clai/s and conMicts and that the said alicant has established his
rights o-er the subect land% in -iew o& which% said in-estigator reco//ended that said lot be awarded to alicant =ulian PeWaranda according to law. ;iratacountered saying that he bought the land &ro/ 2abini Legasi who obtainedownershi in 1'E) on the subect land a&ter the "irector o& Lands sold the sa/e at ublic auction. :cial !eceits o& ay/ent &or the instal/ents were shown as a roo&. The title was reconstituted since the Pro-incial *aitol o& *a-ite was burned including the !:" oce which holds the title to the subect roerty. Legasi also denied that she sold the land to =ulan PeWaranda. !T* ruled in &a-or o& or riar Lands Act ro-ides the rocedure &or the sale and disosition o& the &riar lands to ri-ate ersons. The ac4uisition by PeWaranda was in co/liance with all legal re4uisites laid down by the law &or the -alidity o& the sale. ?e &urther contended that the issuance to 2abini Legasi o& a *:T in her &a-or was a -iolation o& the riar Lands Act as there was no re4uired aro-al by the Secretary o& Agriculture and Natural !esources. The friar lan! were urchased by the go-ern/ent &or sale to actual settlers and occuants at the ti/e said lands are ac4uired by the go-ern/ent. The Bureau o& Lands shall rst issue a certicate stating therein that the go-ern/ent has agreed to sell the land to such settler or occuant. The latter then shall accet the certicate and agree to ay the urchase rice so 0ed and in the instal/ents and at the interest secied in the certicate. Subect to a resolutory condition that non,ay/ent o& rice in &ull /ay cancel the sale. The court said that the title PeWaranda has the -alid ac4uisition &ro/ the go-ern/ent o& the subect &riar land since it was in co/liance with law and hence% the sale in &a-or o& Solid State is -alid and binding. *ontrary to that% the S* said while the sale o& the lot to Legasi occurred /uch earlier in ti/e% the sa/e cannot be considered as a ground to &or hi/ to be considered the true owner o& the land. Legasi did not resent an e-idence showing that a certicate o& sale was e-er issued by the BoL in his &a-or. The e0istence o& the ocial receits showing ay/ent o& the rice o& the land by Legasi does not ro-e that the land was legally con-eyed to her without any contract o& sale. Legasi also alleged that he urchased the land in a sale at ublic auction% which rocedure is nowhere ro-ided in the ertinent laws con-eying &riar lands. The law e0ressly state that an actual occuant o& the land shall urchase the lot occuied by hi/ at a ri-ate sale not in a ublic auction. There was also absence o& a deed o& con-eyance to Legasi by the go-ern/ent a&ter the &ull ay/ent o& the instal/ents on the disuted lot. Ti/e and again/ regi!tration oe! not #e!t title to t3e lan/ 4ut 'erel) a roceure to e!ta4li!3 e#ience o#er realt). 8-en i& the 1 year eriod has already lased% the title did not beco/e incontro-ertible but it is a null and -oid &or not co/lying with the re4uire/ents o& the law. There&ore% % &or the -alidity o& the sale by the go-ern/ent in &a-or o& PeWaranda o& such &riar lands.
(
5t also argues that the sale o& Lot No. )DD' to resondentOs redecessor% 2abini Legasi% and the issuance o& a certicate o& title in her &a-or was in -iolation o& the riar Lands Act as there was no re4uired aro-al by the Secretary o& Agriculture and Natural !esources. There is no disute here that the land in-ol-ed in this case is a &riar land and that the laws which are alicable are Act No& 1120% known as the riar Lands Act% ro-iding &or the ad/inistration and te/orary leasing and sale o& certain haciendas and arcels o& land% co//only known as &riar lands% and %o''onealt3 Act No& >2 dated Sete/ber 1E% 1'@Ha! a'ene 4) %o''onealt3 Act No& >16 dated =une '% 1'@(% which ro-ided &or the subdi-ision and sale o& all the ortions o& the &riar lands estated re/aining undisosed o&. Sec& 12 of Act No& 1120 ro-ides in art3 . . . the Chie o the Bureau o (ublic /ands shall give the said settler and occupant a certicate ,hich shall set orth in detail that the overnment has agreed to sell to such settler and occupant the amount o land so held by him at the rice so 0ed ayable as ro-ided in this Act at the :ce o& the *hie& o& the Bureau o& Public Lands . . . and that uon the ay/ent o& the nal install/ent together with all accrued interest the overnment ,ill convey to such settler and occupant the said land so held by him by proper instrument o conveyance % which shall be issued and beco/e eIecti-e in the /anner ro-ided in section one hundred and twenty two o& the Land !egistration Act. Also% Sec. 1( o& the sa/e Act ro-ides3 "o lease or sale made by the Chie o the Bureau o (ublic /ands under the provisions o this Act shall be valid until approved by the .ecretary o the 0nterior! #8/hasis ours+ Si/ilarly% Sec. $ o& *.A. No. @$% as a/ended by *.A. No. @1H ro-ides in art3 . . . The ersons who% at the ti/e o& the subdi-ision sur-ey are actual and %ona #de occuant!o& any ortion o& the riar Lands 8states% not exceeing ten 3ectare! % shall be given preerence to purchase the portion occupied at a private sale and at a price to be 1ed in such case' by the 3irector o /ands' sub2ect to the approval o the .ecretary o Agriculture and Commerce' a&ter taking into consideration its location% 4uality% and any other circu/stances as /ay aIect its -alue% the ro-isions o& section 1$% o& Act 11$>% as a/ended% to the contrary% . . . #8/hasis ours+ 5t is clear &ro/ the &oregoing ro-isions that the &riar lands were urchased by the go-ern/ent &or sale to actual settlers and occuants at the ti/e said lands are ac4uired by the go-ern/ent. 1" The Bureau o& Lands shall rst issue a certicate stating therein that the go-ern/ent has agreed to sell the land to such settler or occuant. 2" The occuant then shall accet the certicate and agree to ay the urchase rice so 0ed and in the install/ents and at the interest secied in the certicate. >" The con-eyance e0ecuted in &a-or o& a buyer or urchaser% or the so called certicate o& sale% is a con-eyance o& the ownershi o& the roerty% subect only to the resolutory condition that the sale /ay be cancelled i& the rice agreed uon is not aid &or in &ull. The purchaser becomes the o,ner upon the issuance o the certicate o sale in his avour subect only to the cancellation thereo& in case the rice agreed uon is not aid #Pugeda -s. Trias% No. L,1H'$E% 2arch @1% 1'H$% D S*!A (D'.+ C" Con the ay/ent o& the nal install/ent together with all accrued interests% the go-ern/ent shall then i!!ue a nal ee of con#e)ance in &a-or o& the urchaser. ?" ?owe-er% the sale o& such &riar lands shall be -alid only i& aro#e 4) t3e Secretar) of Interior as ro-idedin Act No& 1120 . Later laws% howe-er% re4uired that the sale shall be aro-ed by the Secretary o& Agriculture and *o//erce. 5n short% the aro-al by the Secretary o& Agriculture and *o//erce is indisensable &or the -alidity o& the sale. 5t is undisuted that SLID STATE! redecessor% =ulian PeWaranda was the actual occuant o& Lot )DD' when he led his alication to urchase the said lot on No-e/ber $$% 1'H(; that on "ece/ber 1H% 1'('% the Secretary o& Agriculture and Natural !esources aro-ed the sale o& the lot without auction to PeWaranda; that a sales contract was e0ecuted between the "irector o& Lands and PeWaranda on ebruary $(% 1'H' &or a consideration o& P 1%1'(.>> ayable in 1> /onthly install/ents; that uon the &ull ay/ent o& the rice% the Cndersecretary o& Agriculture and Natural !esources issued the nal deed o& con-eyance o& Lot No. )DD' in &a-or o& PeWaranda. Subse4uently% the !egister o& "eeds o& *a-ite issued T*T No. @'H@1 in the na/e o& PeWaranda% and when the latter sold the land to etitioner% T*T No. @'H@1 was cancelled and T*T No. T,(>((' was issued in &a-or o& the latter.
*learly% the urchase o& the &riar land /ade by PeWaranda was in co/liance with law. The e0ecution o& the sales contract -ested the right o& ownershi in PeWaranda o-er the land. There is no doubt whatsoe-er that the said sale was -alid as it was aro-ed by the Secretary o& Agriculture and Natural !esources. ?ence% the sale /ade by PeWaranda in &a-or o& the etitioner trans&erred the ownershi o& the land in &a-or o& the latter resulting in the roer issuance o& T*T No. T,(>((' in its na/e. :n the other hand% the antecedents leading to the ac4uisition o& title by resondent ;IRATAare clearly shown in the records. The latterOs redecessor% =a4ini Lega!i bought Lot )DD' in a sale by u4lic auction held on 2ay E% 1'D@ conducted by the Bureau o& Lands and &riar lands agent Se-erino !i-era% and aid the urchase rice thereo& in install/ents in 1'D@; that on "ece/ber 1$% 1'DD% the Bureau o& Lands sent a letter to the !egister o& "eeds o& *a-ite re4uesting the issuance o& certicates o& title to se-eral ersons including 2abini Legasi% in whose &a-or T*T A,$1(( was issued; that subse4uently on "ece/ber H% 1'E)% she sold the disuted land to resondent % 1'E); that on the sa/e date% T*T No. 11E$> was issued in the na/e o& on Sete/ber 1% 1'E'% based on the ownerOs dulicate certicate and renu/bered the sa/e as T*T No. 11$> !T 1HH>. Aarently% the sale o& the lot to 2abini Legasi occurred /uch earlier than the date o& ac4uisition o& sa/e lot by etitionerOs redecessor% and the e-idence resented by resondent or in *.A. @$% as a/ended by *.A. @1H. The laws e0ressly state that an actual occuant o& the land shall urchase the lot occuied by hi/ at a ri-ate sale and not in a sale at ublic auction #Sec. $% *.A. @$ as a/ended+. urther% neither was there any deed o& con-eyance issued to Legasi by the go-ern/ent a&ter the &ull ay/ent o& the install/ents on the disuted lot. ?ighly signicant at this oint is the &act that there was neither allegation nor roo& that the sale was with the aro-al o& the Secretary o& Agriculture and *o//erce. The a4!ence of !uc3 aro#al 'ae t3e !uo!e !ale null an #oi a% initio & Jithout the certicate o& sale to ro-e the trans&er o& the ownershi o& the land &ro/ the go-ern/ent 2abini Legasi and without the re4uired aro-al o& the sale by the Secretary o& Agriculture and *o//erce% Je nd that =a4ini Lega!i i not in an) 'anner acBuire oner!3i o#er t3e lan in 1.C>& The ownershi or title o-er the &riar land% secically Lot No. )DD' re'aine in t3e go#ern'ent until earana/ etitioner! reece!!or/ lafull) acBuire oner!3i o#er t3e !a'e lot on *e4ruar) 2@/ 1.6. 4) #irtue of a !ale! contract execute in 3i! fa#or& The issuance o& a certicate o& title in &a-or o& 2abini Legasi did not -est ownershi uon her o-er the land nor did it -alidate the alleged urchase o& the lot% which is null and -oid. Ti/e and again% it has been held that regi!tration oe! not #e!t title& It i! 'erel) e#ience of !uc3 title o#er a articular roert)& ur lan regi!tration la! o not gi#e t3e 3oler an) 4etter title t3an t3at 3at 3e actuall) 3a! #"e /an et al. -s. *ourt o& Aeals% G.!. L, DH'@E "ece/ber $1% 1'()% 1EH S*!A )>1; *ru7 -s. *abana% No. EH$@$% =une $$% 1'(D% 1$' S*!A HEH+. Alt3oug3 a erio of one )ear 3a! alrea) exire fro' t3e ti'e t3e certicate of title a! i!!ue to =a4ini Lega!i ur!uant to t3e allege !ale fro' t3e go#ern'ent/ !ai title oe! not 4eco'e incontro#erti4le 4ut i! null an #oi !ince t3e acBui!ition of t3e roert) a! in #iolation of la& urther% the etitioner herein is in ossession o& the land in disute. ?ence% its action to 4uiet title is i/rescritible. 5n one case% this *ourt ruled that an ad-erse clai/ant o& a registered land who is in ossession thereo& &or a long eriod o& ti/e is not barred &ro/ bringing an action &or recon-eyance which in eIect seeks to 4uiet title to the roerty against a registered owner relying uon a Torrens title which was illegally or wrong&ully ac4uired. 5n actions &or
'
recon-eyance o& roerty redicated on the &act that the con-eyance co/lained o& was -oid ab initio% a clai/ o& rescrition o& the action would be una-ailing. Being null and -oid% the sale /ade to 2abini Legasi and the subse4uent titles issued ursuant thereto roduced no legal eIects whatsoe-er. 9uod nullum est nullum producit a4ectum . There being no title to the land that 2abini Legasi ac4uired &ro/ the go-ern/ent% it &ollows that no title to the sa/e land could be con-eyed by the &or/er to resondent
J5RISDI%TIN ;ER LAND RE,ISTRATIN %ASES ;EN5E
RT%! Exclu!i#e Juri!iction $Sec& 2 $2" of D 1?2." 1" All alications &or original registration o& title to lands% including i/ro-e/ents and interests therein 2" All etitions led a&ter original registration o& title% with ower to hear and deter/ine all 4uestion arising uon such alications or etition 2T*s delegated urisdiction 2T*s /ay hear and deter/ine land registration cases in the &ollowing instances3 1" Lot sought to be registered is not subect to contro-ersy or oosition 2" Lot is contested% but the -alue thereo& does not e0ceed 1>>% >>> a. Such -alue is ascertained by by the ada-it o& the clai/ant by the agree/ent o& the resecti-e clai/ants #i& there be /ore than one+% or &ro/ the corresonding ta0 declaration o& the real roerty
S% A'ini!trati#e %ircular 6-.>-A No-. 1E% 1''E 1" *adastral or land registration cases led be&ore the eIecti-ity o& this A.*. shall be trans&erred by the 80ecuti-e =udge o& the !T* ha-ing urisdiction o-er the cases to 8.=. o& the aroriate *ourts o& li/ited urisdiction &or the re4uired raXe a/ong the branches o& the court under his ad/inistrati-e suer-ision 2" But those already co//enced as o& the date o& eIecti-ity shall re/ain w6 said courts% e0cet when the arties agree otherwise R5DL* LIETK 8LDIN,S/ IN%& * &s& RoD aranaBue( YG.!. No. 1@@$D>. No-e/ber 1E% $>>>Z *A%TS+ ETITINER %RRATIN was &or/erly known asRuolf Liet(/ Incororate. :n =uly 1E% 1''H% it a/ended its Articles o& 5ncororation to change its na/e to !udol& Liet7 ?oldings% 5nc and was aro-ed by the Securities and 80change *o//ission on ebruary $>% 1''). As a conse4uence o& its change o& na/e% etitioner sought the a/end/ent o& the T*Ts o-er real roerties owned by the said cororation% all o& which were under the old na/e% !udol& Liet7% 5ncororated. or this urose% etitioner instituted% on No-e/ber $>% 1'')% a etition for a'en'ent of title! it3 t3e RT% o& Paraa4ue *ity i/leading a! re!onent t3e RD of a!a) *ity% aarently because the titles sought to be a/ended%all state that they were issued by the !egistry o& "eeds o& Pasay *ity. Petitioner likewise inad-ertently alleged in the body o& the etition that the lands co-ered by the subect titles are located in Pasay *ity. Su4!eBuentl)/ etitioner learne t3at t3e !u4Hect title! are in t3e cu!to) of t3e Regi!ter of Dee! of araaBue *ity. 8ence/ Ex-arte =otion to A'it A'ene etition now i/leading RD o& Paraa4ue *ity% and alleged that its lands are located in Paraa4ue *ity. %ourt i!'i!!e ue to i'roer #enue !ince roertie! are in a!a) 5n the /eanti/e% howe-er% on =anuary @>% 1''(% the court a -uo had dis/issed the etitionmotu proprio on the ground o& i/roer -enue% it aearing therein that the resondent is the !egistry o& "eeds o& Pasay *ity and the roerties are located in Pasay *ity.Y)Z=R denied ETITINER 7E*RE S% The court a -uo acted contrary to the rules and urisrudence on the /atter &or the &ollowing reasons3 1. 5t has no ower to i//ediately dis/iss an initiatory leading &or i/roer -enue; $. Assu/ing the :rder o& @> =anuary 1''( was roer% it was ne-ertheless still a /atter o& right on etitioners art to a/end its etition in order to correct the wrong entries therein; and @. The unassailable reality is that the subect arcels o& land are located in Paraa4ue *ity% so -enue was roerly laid desite that erroneous allegation in the original etition .Y11Z S, The Solicitor General led on No-e/ber D% 1''( his *o//ent said that trial court did not ac4uire urisdiction o-er the res because it aeared &ro/ the original etition that the lands are situated in Pasay *ity; hence% outside the urisdiction o& the Paraa4ue court. Since it had no urisdiction o-er the case% it could not ha-e acted on the /otion to ad/it a/ended etition.
1>
ETITINERS REL< =C!5S"5*T5:N <. <8NC8 :n ebruary 1E% 1'''% etitioner led its !ely. T* had urisdiction o-er the etition% but that -enue aeared to be i/roerly laid based on the erroneous allegation therein on the location o& the roerties. ISS5E+ 2ay the trial court motu proprio dis/iss a co/laint on the ground o& i/roer -enueQ N:. R5LIN,+ : hile the ground in-oked by the trial court in dis/issing the etition below was clearly that o& i/roer -enue%the Solicitor General con&uses -enue with urisdiction. A distinction between the two /ust be drawn. J5RISDI%TIN ;ER T8E S57JE%T =ATTER nature o& an action is con&erred only by law. 5t /ay not be con&erred by consent or wai-er uon a court which otherwise would ha-e no urisdiction o-er the subect /atter o& an action !ules as to urisdiction can ne-er be le&t to the consent or agree/ent o& the arties. urisdictional
;EN5E * AN A%TIN as 0ed by statute /ay be changed by the consent o& the arties% and an obection on i/roer -enue /ay be wai-ed by the &ailure o& the de&endant to raise it at the roer ti/e. 5n such an e-ent% the court /ay still render a -alid udg/ent Procedural #/ay be wai-ed+; to ro-ide con-enience to the arties rather than restrict their access to the courts as it relates to the lace o& trial. Rule C of t3e Re#i!e Rule! of %ourt a. laying o & - enue i s roceural rather than substanti-e. b. 5t relates to the urisdiction o& the court o-er the er!on rather than the subect /atter. c. Pro-isions relating to -enue establish a relation 4eteen t3e laintiP an t3e efenant and not between the court and the subect /atter. d.
5n 3acoycoy v! 0AC% this *ourt ruled3 The motu proprio dis/issal o& etitioners co/laint by resondent trial court on the ground o& i/roer -enue is lain error% ob-iously attributable to its inability to distinguish between urisdiction and -enue. ;EN5E/ IN IN*ERIR %5RTS AS 9ELL AS IN T8E %*I $N9 RT%"/ =A< 7E 9AI;ED E:RESSL< R I=LIEDL< "is/issing the co/laint on the ground o& i/roer -enue is certainly not the aroriate course o& action at this stage o& the roceedings% articularly as -enue% in in&erior courts as well as in the courts o& rst instance #now !T*+% /ay be wai-ed e0ressly or i/liedly. Jhere the de&endant &ails to challenge ti/ely the -enue in a /otion to dis/iss as ro-ided by Section D o& !ule D o& the !ules o& *ourt% and allows the trial to be held and a decision to be rendered% he cannot on aeal or in a secial action be er/itted to belatedly challenge the wrong -enue% which is dee/ed wai-ed. T85,8 TE%8NI%ALL< 9RN,/ =A< 7E A%%ETA7LE T T8E ARTIES *R 98SE %N;ENIEN%E T8E R5LES N ;EN5E 8AD 7EEN DE;ISED. Thus% unless and until the de&endant obects to the -enue in a /otion to dis/iss% the -enue cannot be truly said to ha-e been i/roerly laid% as &or all ractical intents and uroses% the -enue% though technically wrong% /ay be accetable to the arties &or whose con-enience the rules on -enue had been de-ised. The trial court cannot re,e/t the de&endants rerogati-e to obect to the i/roer laying o& the -enue by motu proprio dis/issing the case.
INDEED/ IT 9AS ,RSSL< ERRNE5S *R T8E TRIAL %5RT T 8A;E TAGEN A R%ED5RAL S8RT-%5T 7< DIS=ISSIN, MOT+ ,RO,RIO the co/laint on the ground o& i/roer -enue without rst allowing the rocedure outlined in the rules o& court to take its roer course. Although we are &or the seedy and e0editious resolution o& cases% ustice and &airness take ri/ary i/ortance. The ends o& ustice re4uire that resondent trial court &aith&ully adhere to the rules o& rocedure to aIord not only the de&endant% but the laintiI as well% the right to be heard on his cause. Y1(Z ETITINER %RRE%TL< IN;GED T8E J5RISDI%TIN * T8E RE,INAL TRIAL %5RT IN SEEGIN, T8E A=END=ENT * ITS %ERTI*I%ATES * TITLE. The urisdiction o& the RT% o-er /atters in-ol-ing the registration o& lands and lands registered under the Torrens syste/ is con&erred by Section 2 of re!iential Decree No& 1?2.% The Proerty !egistration "ecree% vi;< "ature o registration proceedings8 2urisdiction o courts! ,,, =udicial roceedings &or the registration o& lands throughout the Philiines shall be in rem and shall be based on the generally acceted rinciles underlying the Torrens syste/. %5RTS * *IRST INSTAN%E #now !egional Trial *ourts+ shall ha-e e0clusi-e urisdiction o-er all alications &or original registration o& title to lands% including i/ro-e/ents and interest therein% and o-er all etitions led a&ter original registration o& title% with ower to hear and deter/ine all 4uestions arising uon such alications or etitions. The *:C!T through its *L8! : *:C!T shall 1 . & urni sh the Lan Regi!tration %o''i!!ion with two certied coies o& all leadings% e0hibits% orders% and decisions led or issued in alications or etitions &or land registration% $. J5T? T?8 8V*8PT5:N o& stenograhic notes% @. within -e days &ro/ the ling or issuance thereo&. 5n the case at bar% the lands are located in Paraa4ue *ity% as stated on the &aces o& the titles. Petitioner% thus% also correctly led the etition in the lace where the lands are situated% ursuant to the &ollowing rule3 -enue of real actions ! ,,, Actions aIecting title to or ossession o& real roerty% or interest therein% shall be co//enced and tried in the roer court which has urisdiction o-er the area wherein the real roerty in-ol-ed% or a ortion thereo&% is situated.Y1'Z ;DA& DE AR%E ;S& %A 1@? S%RA C@. *act!3 Souses Arceo are owners o& &our arcels o& unregistered lands located in Bulacan. They had one Son na/ed8steban who had E children. 8stebans children and their children are the arties in-ol-ed in this case.5n 1'D1% Souses Arceo e0ecuted a donation inter -i-os in &a-or o& =ose% one o& 8stebans children. Since 1'D$%=ose aid the ta0es% took ersonal ossession o& the land and clai/ed it as his own. 5n 1'D1% also% Arceos suosedly signed a deed o& donation /ortis causa to gi-e away the subect roerties in &a-or o& all his grandchildren including=ose. ?owe-er% the said docu/ent was notari7ed in 1'DD only a&ter 2rs. Arceo died. Subse4uently% the wi&e o& =ose% together with their children% led with the cadastral court an alication &or registration in their na/es the subect lands. This was contested by Pedro and Loren7o% =oses siblings contending thatthey are entitled to a art o& the subect arcels o& land.The cadastral court reected the registration and distributed the roerties according to law on intestatesuccession instead. The *A ar/ed its decision. I!!ue3J:N the cadastral court has urisdiction in deter/ining the ownershi o& landsQ Ruling3 As to the issue o& urisdiction% Section $ o& P" 1E$' ro-ides that !T*% sitting as a land registration court% is no
11
longer circu/scribed as it is in the re-ious law. P" 1E$' eli/inated the general urisdiction o& !T* and the li/itedurisdiction o& !T* acting /erely as a cadastral court; the urose o& this is to a-oid /ultilicity o& suits. 5n this case% the cadastral court co//its no error in assu/ing urisdiction in the deter/ination o& issues on ownershi% which at the sa/e ti/e in-ol-es the issue on the right o& registration. There would be a /ultilicity o& suits or the registration will be rolonged i& not i/ossible should the cadastral court decide not to ass uon the issue o& ownershi. As to the issue o& co,ownershi3 =oses wi&e contends that they ac4uired the lot through ac4uisiti-e rescrition. This was reected by the S*. The *i-il *ode ro-ides that rescrition does not lie against co,owners% unless the &ollowing re4uisites concur. a. There is a clear showing that the clai/ant has reudiated the co,ownershi. b. ?e has /ade known to the co,owners that he is assu/ing e0clusi-e ownershi o-er the roerty. c. *lear and con-incing e-idence thereo&. d. ?is ossession is :*8N. This circu/stances were not resent in the case at bar. The &act o& aying ta0es cannot de&eat the right o& coowners to their right to enoy the use o& their roerty% the sa/e does not con&er title uon a clai/ant. Nonetheless% the S* granted the etition and ha-e the lands registered under the na/e o& =ose and his heirs by -irtue o& the -alid deed o& donation inter -i-os. The Sure/e *ourt &urther ruled that the donation /ortis causa did not re-oke the rst donation. The weight o& authority is that a -alid donation% once acceted% beco/es irre-ocable subect to &ew e0cetions. inally% the court said that the disosition in &a-or o& =ose o& the subect roerties should be resected.
the %o''i!!ioner of Lan Regi!tration in accordance with the ro-isions o&Section 11 of t3i! Decree. 5t shall be understood that any recording /ade under this section shall be without reudice to a third arty with a better right. #c+
A&ter recording on the !ecord Book% the !egister o& "eeds shall endorse a/ong other things% uon the original o& the recorded instru/ents% the le nu/ber and the date as well as the hour and /inute when the docu/ent was recei-ed &or recording as shown in the Pri/ary 8ntry Book% returning to the registrant or erson in interest the dulicate o& the instru/ent% with aroriate annotation% certi&ying that he has recorded the instru/ent a&ter reser-ing one coy thereo& to be &urnished the ro-incial or city assessor as re4uired by e0isting law.
#d+
Ta0 sale% attach/ent and le-y% notice o& lis endens% ad-erse clai/ and other instru/ents in the nature o& in-oluntary dealings with resect to unregistered lands% i& /ade in the &or/ sucient in law% shall likewise be ad/issible to record under this section.
#e+
or the ser-ices to be rendered by the !egister o& "eeds under this section% he shall collect the sa/e a/ount o& &ees rescribed &or si/ilar ser-ices &or the registration o& deeds or instru/ents concerning registered lands.
RE,ISTRATIN 5NDER T8E SANIS8 =RT,A,E LA9 TIT+LO !. ,RO,RI.!A! /O( "10 The case o& 3irector o =orestry -. Mu>o; would soon be the coreo& subse4uent decisions declaring the in&a/ous Titulo de (ropriedad"o! +#%* as a &orgery &oisted uon the courts and bere&t o& any -alidity and ecacy as e-idence o& ownershi. 5n this case% etitioners,heirs did not adduce e-idence to show that Titulo de (ropriedad +#%* wasbrought under the oeration o& &D& No& @.2 desite their allegation that they did so on August 1@% 1')H. Proo& o& co/liance with P.". No. ('$ should be the*erticate o& Title co-ering the land registered.
Section >& Statu! of ot3er re-exi!ting lan regi!tration !)!te'& The syste/ o& registration under the Sanish 2ortgage Law is hereby discontinued and all lands recorded under said syste/ which are not yet co-ered by Torrens title shall be considered as unregistered lands. ?erea&ter% all instru/ents aIecting lands originally registered under the Sanish 2ortgage Law /ay be recorded under Section 11@ o& this "ecree% until the land shall ha-e been brought under the oeration o& the Torrens syste/. The books o& registration &or unregistered lands ro-ided under Section 1'D o& the !e-ised Ad/inistrati-e *ode% as a/ended by Act No. @@DD% shall continue to re/ain in &orce; ro-ided% that all instru/ents dealing with unregistered lands shall hence&orth be registered under Section 11@ o& this "ecree.
RE,ISTRATIN 5NDER A%T N& >>CC inePecti#e a! again!t >r er!on! The inscrition under Act No. @@DD o& a transaction relating tounregistered land was held noteIecti-e &or uroses o& Article 1EDD o& the *i-il *ode% the law on double sale o& the sa/e roerty. The registration should be /ade in the roerty registry to be binding uon third ersons; /ere registration o& a sale in ones &a-our does not gi-e hi/ any right o-er the land i& the -endor was not any/ore the owner o& the land ha-ing re-iously sold the sa/e to so/ebody else e-en i& the earlier sale was unrecorded.
Section 11>& Recoring of in!tru'ent! relating to unregi!tere lan!& No deed% con-eyance% /ortgage% lease% or other -oluntary instru/ent aIecting land not registered under the Torrens syste/ shall be -alid% e0cet as between the arties thereto% unless such instru/ent shall ha-e been recorded in the /anner herein rescribed in the oce o& the !egister o& "eeds &or the ro-ince or city where the land lies.
Section C& Lan Regi!tration %o''i!!ion& 5n order to ha-e a /ore ecient e0ecution o& the laws relati-e to the registration o& lands% geared to the /assi-e and accelerated land re&or/ and social ustice rogra/ o& the go-ern/ent% there is created a co//ission to be known as the Land !egistration *o//ission under the e0ecuti-e suer-ision o& the "eart/ent o& =ustice. Section ?& Qcial! an e'lo)ee! of t3e %o''i!!ion& The Land !egistration *o//ission shall ha-e a chie& and an assistant chie& to be known% resecti-ely% as the Commissioner and the 3eputy Commissioner o& Land !egistration who shall beappointed by the (resident . The %o''i!!ioner shall be duly 4ualied /e/ber o& the Philiine Bar with at least ten years o& ractice in the legal ro&ession% and shall ha-e the sa/e rank% co/ensation and ri-ileges as those o& a =udge o& the *ourt o& irst 5nstance. The Deut) %o''i!!ioner% who shall ossess the sa/e 4ualications as those re4uired o& the *o//issioner% shall recei-e co/ensation which shall be three thousand esos er annu/ less than that o& the *o//issioner. ?e shall act as *o//issioner o& Land !egistration during the absence or disability o& the *o//issioner and
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The !egister o& "eeds &or each ro-ince or city shall kee a ri'ar) Entr) 7oo and a Regi!tration 7oo . The Pri/ary 8ntry Book shall contain% a/ong other articulars% 1. the entry nu/ber% $. the na/es o& the arties% @. the nature o& the docu/ent% D. the date% hour and /inute it was resented and recei-ed. E. The recording o& the deed and other instru/ents relating to unregistered lands shall be eIected by any o& annotation on the sace ro-ided there&or in the !egistration Book% a&ter the sa/e shall ha-e been entered in the Pri/ary 8ntry Book. 5&% on the &ace o& the instru/ent% it aears that it is sucient in law% the !egister o& "eeds shall &orthwith record the instru/ent in the /anner ro-ided herein. 5n case the !egister o& "eeds re&uses its ad/inistration to record% said ocial shall ad-ise the arty in interest in writing o& the ground or grounds &or his re&usal% and the latter /ay aeal the /atter to
%8ATER II LAND RE,ISTRATIN %==ISSIN AND ITS RE,ISTRIES * DEEDS
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when there is a -acancy in the osition until another erson shall ha-e been designated or aointed in accordance with law. The "euty *o//issioner shall also er&or/ such other &unctions as the *o//issioner /ay assign to hi/. They shall be assisted by such nu/ber o& di-ision chie&s as /ay be necessary in the interest o& the &unctioning o& the *o//ission% by a Secial A!!i!tant to t3e %o''i!!ioner % and by a %3ief ,eoetic Engineer who shall each recei-e co/ensation at the rate o& three thousand &our hundred esos er annu/ less than that o& the "euty *o//issioner. All other ocials and e/loyees o& the Land !egistration *o//ission including those o& the !egistries o& "eeds whose salaries are not herein ro-ided% shall recei-e salaries corresonding to the /ini/u/ o& their resecti-e ugraded ranges as ro-ided under aragrah @.1 o& Budget *ircular No. $)@% lus si0ty er centu/ thereo& across the board% notwithstanding the /a0i/u/ salary allowed &or their resecti-e ci-il ser-ice eligibilities. The salaries o& ocials and e/loyees ro-ided in this "ecree shall be without reudice to such benets and adust/ents as /ay &ro/ ti/e to ti/e be granted by the President or by the legislature to go-ern/ent e/loyees. All ocials and e/loyees o& the *o//ission e0cet !egisters o& "eeds shall be aointed by the Secretary o& =ustice uon reco//endation o& the *o//issioner o& Land !egistration. Section 6& ,eneral *unction!& $1" T3e A'ini!trator of Lan Regi!tration !3all 3a#e t3e folloing function!+ a" 5ssue decrees o& registration ursuant to nal udg/ents o& the courts in land registration roceedings and cause the issuance by the !egisters o& "eeds o& the corresonding certicates o& title; 4" 80ercise suer-ision and control o-er all !egisters o& "eeds and other ersonnel o& the *o//ission; c" !esol-e cases ele-ated en consulta by% or on aeal &ro/ decision o&% !egisters o& "eeds; " 80ercise e0ecuti-e suer-ision o-er all clerks o& court and ersonnel o& the *ourts o& irst 5nstance throughout the Philiines with resect to the discharge o& their duties and &unctions in relation to the registration o& lands; e" 5/le/ent all orders% decisions% and decrees ro/ulgated relati-e to the registration o& lands and issue% subect to the aro-al o& the Secretary o& =ustice% all need&ul rules and regulations there∨ f"
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8-ery !egistry with a yearly a-erage collection o& /ore than si0ty thousand esos during the last three years shall ha-e one o "euty !egister o& "eeds% and e-ery !egistry with a yearly a-erage collection o& /ore than three hundred thousand esos during the last three years% shall ha-e one o "euty !egister o& "eeds and o one second "euty !egister o& "eeds. • •
end in -iew o& /aking e-ery registry easily accessible to the eole o& the neighboring /unicialities. The ro-ince or city shall &urnish a suitable sace or building &or the oce o& the !egister o& "eeds until such ti/e as the sa/e could be &urnished out o& national &unds.
Regi!tr) of roert) in accordance with Sec. E1 o& P" 1E$' which ro-ides that Rno deed% /ortgage% lease% or other -oluntary instru/ent – e0cet a will, urorting to con-ey or aIect registered land shall take eIect as a con-eyance or bind the land until its registration. Thus% i& the sale is not registered% it is binding only between the seller and the buyer but it does not aIect innocent @ rd ersons. The act o& registration shall be the oerati-e act to con-ey or aIect the land inso&ar as third ersons are concerned. Between the two buyers o& the sa/e i//o-able roerty registered under the Torrens Syste/% the law gi-es ownershi riority to 1" irst registrant in good &aith 2" irst ossessor in good &aith >" Buyer who in good &aith resents the oldest title •
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EPect of Regi!tration *onstructi-e notice to all ersons &ro/ the ti/e o& such registering% ling% or entering. SE%& @& Aoint'ent of Regi!ter! of Dee! an t3eir Deutie! an ot3er !u4orinate er!onnel !alarie!& !egisters o& "eeds shall be aointed by the President o& the Philiines uonreco//endation o& the Secretary o& =ustice. "euty !egisters o&"eeds and all other subordinate ersonnel o& the !egistries o&"eeds shall be aointed by the Secretary o& =ustice uon thereco//endation o& the *o//issioner o& Land !egistration.The salaries o& !egisters o& "eeds and their "euties shallbe at the &ollowing rates3 $1" *ir!t %la!! Regi!trie! [ The salaries o& !egisters o& "eeds in rst class !egistries shall be three thousand &our hundredesos er annu/ less than that o& the "euty *o//issioner. $2" Secon %la!! Regi!trie! [ The salaries o& !egisters o&"eeds in second class !egistries shall be three thousand &our hundred esos er annu/ less than those o& !egisters o& "eedsin rst class !egistries. $>" T3ir %la!! Regi!trie! [ The salaries o& !egisters o&"eeds in third class !egistries shall be three thousand &our hundredesos er annu/ less than those o& !egisters o& "eeds insecond class !egistries. $C" The salaries o& "euty !egisters o& "eeds and Second"euty !egisters o& "eeds shall be three thousand &our hundredesos er annu/ less than those o& their corresonding !egisterso& "eeds and "euty !egisters o& "eeds% resecti-ely. $?" The Secretary o& =ustice% uon reco//endation o& the*o//issioner o& Land !egistration% shall cause the reclassicationo& !egistries based either on work load or the class o& ro-ince6city% whiche-er will result in a higher classication% &or uroseso& salary adust/ents in accordance with the rates hereinabo-ero-ided.
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The Secretar) of Ju!tice shall dene the ocial station and territorial urisdiction o& each !egistry uon the reco''enation of t3e %o''i!!ioner of Lan Regi!tration % with the
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SE%& .& 2uali#cations of Registers of !eeds and !eputyRegisters of !eeds( [ No erson shall be aointed !egister o& "eeds unless he has been ad/itted to the ractice o& law in the Philiines and shall ha-e been actually engaged in such ractice &or at least three years or has been e/loyed &or a like eriod in any branch o& go-ern/ent the &unctions o& which include the registration o& roerty. The "euty !egister o& "eeds shall be a /e/ber o& the Philiine Bar. (rovided' ho,ever' That no !egister o& "eeds or "euty !egister o& "eeds holding oce as such uon the assage o& this "ecree shall by reason hereo&% be re/o-ed &ro/ oce or be de/oted to a lower category or scale o& salary e0cet &or cause and uon co/liance with due rocess as ro-ided &or by law. SE%& 10& 3eneral functions of Registers of !eeds( The oce o& the !egister o& "eeds constitutes a ublic reository o& records o& instru/ents aIecting registered or unregistered lands and chattel /ortgages in the ro-ince or city wherein such oce issituated. 5t shall be the duty o& the !egister o& "eeds to i//ediately register an instru/ent resented &or registration dealing with real or ersonal roerty which co/lies with all the re4uisites &or registration. ?e shall see to it that said instru/ent bears the roer docu/entary and science sta/s and that the sa/e are roerly cancelled. 5& the instru/ent is not registrable% he shall &orthwith deny registration thereo& and o in&or/ the resentor o& such denial in writing% o stating the ground or reason there&or% and o ad-ising hi/ o& his right to aeal by consulta in accordance with Section o 11) o& this "ecree. •
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Qce of t3e Regi!ter of Dee! Public reository o& records o& instru/ents aIecting registered or unregistered lands and chattel /ortgages in the ro-ince or city wherein such oce is situated NAT5RE * T8E D5TIES * LRA ,eneral Rule+5ts duty is /inisterial – those acts o& &unctions that con&or/ to an instruction or a rescribed rocedure. They act under the orders o& the court and the decree /ust be in con&or/ity with the decision o& the court and with the data &ound in the record. If t3e LRA i! in ou4t a! to t3e i!!uance an rearation of t3e ecree/ it i! t3eir ut) to refer t3e 'atter to t3e court& 5n this sense% they act as ocials o& the court and not as ad/inistrati-e ocials% and their act is the act o& the court. They are secically called uon to e0tend assistance to courts in ordinary and cadastral land registration roceedings. The -alidity o& the docu/ent is not &or the register to deter/ine &or it is a &unction o& a court o& co/etent urisdiction.
=a) t3e RoD 4e co'elle 4) 'ana'u!F No. Since the registration is a udicial &unction% it cannot be co/elled by /anda/us. The interested arty /ust resort to the a-ailable ad/inistrati-e re/edy be&ore he can ha-e recourse to the courts.
SE%& 11& !ischarge of duties of Register of !eeds in case of &acancy* etc( 1" Cntil a regular !egister o& "eeds shall ha-e been aointed &or a ro-ince or city% or in case o& -acancy in the oce% or uon the occasion o& the absence% illness% susension% or inability o& the !egister o& "eeds to discharge his duties% said duties shall be er&or/ed by the &ollowing ocials% in the order in which they are /entioned below% unless the Secretary o& =ustice designates another ocial to act te/orarily in his lace3 a+ or the ro-ince or city where there is a "euty !egister o& "eeds% by said "euty !egister o& "eeds% or by the second "euty !egister o& "eeds% should there be one; b+ or the ro-ince or city where there is no "euty or second "euty !egister o& "eeds% by the Pro-incial or *ity iscal% or any Assistant iscal designated by the Pro-incial or *ity iscal. 2" 5n case o& absence% disability or susension o& the !egister o& "eeds without ay% or in case o& -acancy in the osition% the Secretary o& =ustice /ay% in his discretion% authori7e the ay/ent o& an additional co/ensation to the ocial acting as !egister o& "eeds% such additional co/ensation together with his actual salary not to e0ceed the salary authori7ed &or the osition thus lled by hi/. >" 5n case o& a newly,created ro-ince or city and ending establish/ent o& a !egistry o& "eeds and the aoint/ent o& a regular !egister o& "eeds &or the new ro-ince or city% the !egister o& "eeds o& the /other ro-ince or city shall be the e1? ofcio !egister o& "eeds &or said new ro-ince or city. SE%& 12& Owner4s Inde56 reports! [ There shall be reared in e-ery !egistry an inde0 syste/ which shall contain the na/es o& all registered owners alhabetically arranged. or this urose% an inde0 card which shall be reared in the na/e o& each registered owner which shall contain a list o& all lands registered in his na/e. The !egister o& "eeds shall sub/it to the Land !egistration *o//ission within ten days a&ter the /onth to which they ertain his /onthly reorts on collections and acco/lish/ents. ?e shall also sub/it to the *o//ission at the end o& "ece/ber o& each year% an annual in-entory o& all titles and instru/ents in his !egistry. SE%& 1>& %3ief ,eoetic Engineer& [ There shall be a *hie& Geodetic 8ngineer in the Land !egistration *o//ission who shall be the technical ad-iser o& the *o//ission on all /atters in-ol-ing sur-eys and shall be resonsible to hi/ &or all lats% lans and works re4uiring the ser-ices o& a geodetic engineer in said oce. ?e shall er&or/ such other &unctions as /ay% &ro/ ti/e to ti/e% be assigned to hi/ by the *o//issioner. D 2>. , -
:nly the LAND =ANA,E=ENT 75REA5 has authority to aro-e original sur-ey lans &or registration uroses. The grant o& authority to the L!* to aro-e original sur-ey lans has resulted in waste&ul o-erlaing or dulication o& &unctions. There was there&ore a need to
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centrali7e in one agency% the L2B% the &unction o& veriying and approving original survey plans or all purposes in order to assure compliance ,ith established standards and minimi;e irregularities in the e1ecution o land surveys
substantial doubt or disute% as in this case% /anda/us cannot issue.
Sur#e) lan , ser-es to establish the true identity o& the land to ensure that it does not o-erla a arcel o& land ortion thereo& already co-ered by re-ious land registration% and to &orestall the ossibility o& which by a subse4uent registration o& any adoining land.
LA75RADA ;& LRA *A%TS3 Souses Laburada were the alicants &or registration o& a arcel o& land located in 2andaluyong *ity% !T*% acting as land registration court% granted such alication. A&ter the nality o& the decision% the Ss led a /otion be&ore the !T* re4uiring L!A to issue the corresonding decree o& registration% which was then granted by !T*. ?owe-er% the L!A re&used to do so. To this% the Ss Laburada led an action &or /anda/us. L!A contends that such re&usal is grounded on the &act that a ortion o& the subect roerty was a subect o& a land decree in court o& land registration% that i& it will be ursued% it will result to double titling which destroys the olicy and urose o& the Torrens Syste/. The SG sought to ha-e the etition o& the Ss Laburada dis/issed a&ter it &ound out on its in-estigation that the title issued &or the subect lot cannot be located. ISS5E3 w6n the L!A can be co/elled to issue the decree o& registration through an action &or /anda/us #&or /inisterial duties+Q N: 8ELD3 There are three reasons why 2anda/us is not the right re/edy 1" =C"G28NT 5S N:T 98T 8V8*CT:!9 , The udg/ent Ss Laburada seek to en&orce is not yet e0ecutory and incontro-ertible under the Land !egistration Law. They do not ha-e any clear legal right to i/le/ent it. 5t was ruled re-iously that a udg/ent o& registration does not beco/e incontro-ertible until a&ter the e0iration o& one year a&ter the entry o& the nal decree o& registration. 2" A <:5" =C"G28NT 5S P:SS5BL8 , L!As re&usal to issue a decree is based on docu/ents which% i& -eried% /ay render the udg/ent o& the T* -oid. To this% L!As hesitation to issue a decree is understandable% e-en i/erati-e. 5& it issues the decree% it will destroy the integrity o& the Torrens Syste/. L!A is /andated to re&er to the courts any doubt it /ay ha-e in regard to the rearation and the issuance o& a decree o& registration. They are secically called uon to Re0tend assistance to courts in ordinary and cadastral land registration roceedings. Since in this case% the subect roerty has already been decreed by the court &or registration. ?ence% L!A is di-ested o& urisdiction. >" 5SSCAN*8 : A "8*!88 5S NT A 25N5ST8!5AL A*T 5t is art o& the udicial &unction o& courts and is not a /ere /inisterial act% which /ay be co/elled thorough /anda/us. This is because it is a udicial act in-ol-ing the e0ercise o& discretion. Jrit o& /anda/us can only be had when the laintiIs legal right to the er&or/ance o& the articular act which is sought to be co/elled is clear and co/lete. But where the right sought to be en&orced is in
A7RI, ;& DE ;ERA 7eteen to 4u)er! of t3e !a'e i''o#a4le roert) regi!tere uner t3e Torren! !)!te'/ t3e la gi#e! oner!3i riorit) to the rst registrant in good &aith then% the rst ossessor in good &aith; and nally% the buyer who in good &aith resents the oldest title. This ro-ision% howe-er% does not aly i& the roerty is not registered under the Torrens syste/. *A%TS3 ;illafania sold a house and lot located Pangasinan to Tigno,Sala7ar and *a-e,Go co-ered by a ta0 declaration. Cnknown% howe-er to Tigno,Sala7ar and a *a-e,Go%
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:n :ct 1H% 1'') / Tigno-Sala(ar an %a#e-,o% sold the house and lot to the Sou!e! A4rigo. :n :ct $@% 1'')% ;illafania sold the sa/e house and lot to de
.hould there be no inscription' the o,nership shall pertain to the person ,ho in good aith ,as rst in the possession8 and' in the absence thereo' to the person ,ho presents the oldest title' provided there is good aith! There is no a/biguity in the alication o& this law with resect to lands registered under the Torrens syste/. 0n the instant case% both Petitioners Abrigo and resondent registered the sale o& the roerty. Since neither etitioners nor their redecessors #Tigno,Sala7ar and *a-e,Go+ knew that the roerty was co-ered by the Torrens syste/% they registered their resecti-e sales under Act >>CC or her art% resondent registered the transaction under the Torrens syste/ because% during the sale% >CC a! not ePecti#e for uro!e! of Article 1?CC o& the *i-il *ode. 2ore recently% in "aa,an Community Rural Ban v! Court o Appeal s%$D the *ourt uheld the right o& a arty who had registered the sale o& land under the Proerty !egistration "ecree% as oosed to another who had registered a deed o& nal con-eyance under Act @@DD. 5n that case% the riorit) in ti'eO rincile a! not alie/ 4ecau!e t3e lan a! alrea) co#ere 4) t3e Torren! !)!te' at t3e ti'e t3e con#e)ance a! regi!tere uner Act >>CC. or the sa/e reason% inas/uch as the registration o& the sale to !esondent "e
Not contented with the assailed "ecision% both arties Yaealed to the *AZ. %A J5D,=ENT 5n its original "ecision% the *A held that a -oid title could not gi-e rise to a -alid one and hence dis/issed the aeal o& Pri-ate !esondent de
The rincile in Article 1EDD o& the *i-il *ode is in &ull accord with Section E1 o& P" 1E$' which ro-ides that no deed' mortgage' lease or other voluntary instrument e1cept a ,ill purporting to convey or a4ect registered land shall tae e4ect as a conveyance or bind the land until its registration! Thus' i the sale is not registered' it is binding only bet,een the seller and the buyer but it does not a4ect innocent third persons! Radio,ealth =inance Co! v! (alileoD& e0lained the diIerence in the rules o& registration under Act @@DD and those under the Torrens syste/ in this wise3 R5ner Act No& >>CC% registration o& instru/ents aIecting unregistered lands is without reudice to a third arty with a better right. The a&ore4uoted hrase has been held by this *ourt to /ean that the 'ere regi!tration of a !ale in one! fa#or oe! not gi#e 3i' an) rig3t o#er t3e lan if t3e #enor a! not an)'ore t3e oner of t3e lan 3a#ing re#iou!l) !ol t3e !a'e to !o'e4o) el!e e#en if t3e earlier !ale a! unrecore& RThe case o& Carumba vs! Court o Appeals is a case in oint. 5t was held therein thatArticle 1?CC of t3e %i#il %oe 3a! no alication to lan not regi!tere uner Act No& C.6& Like in the case at bar% *aru/ba dealt with a double sale o& the sa/e unregistered land. The rst sale was /ade by the original owners and was unrecorded while the second was an e0ecution sale that resulted &ro/ a co/laint &or a su/ o& /oney led against the said original owners. Alying YSection @@Z% !ule @' o& the !e-ised !ules o& *ourt% this *ourt held that Article 1EDD o& the *i-il *ode cannot be in-oked to benet the urchaser at the e0ecution sale though the latter was a buyer in good &aith and e-en i& this second sale was registered. 5t was e0lained that this i! 4ecau!e t3e urc3a!er of unregi!tere lan at a !3eriP! execution !ale onl) !te! into t3e !3oe! of t3e Hug'ent e4tor/ an 'erel) acBuire! t3e latter! intere!t in t3e roert) !ol a! of t3e ti'e t3e roert) a! le#ie uon& RAlying this rincile% 0 0 0 the e0ecution sale o& unregistered land in &a-or o& etitioner is o& no eIect because the land no longer belonged to the udg/ent debtor as o& the ti/e o& the said e0ecution sale. @. Good,aith !e4uire/ent
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Je ha-e consistently held that Article 1EDD re4uires the second buyer to ac4uire the i//o-able in good &aith and to register it in good &aith. 2ere registration o& title is not enough; good &aith /ust concur with the registration.Je e0lained the rationale in Eraca v! Court o Appeals% which we 4uote3 RCnder the &oregoing% the rior registration o& the disuted roerty by the second buyer does not by itsel& con&er ownershi or a better right o-er the roerty. Article 1?CC reBuire! t3at !uc3 regi!tration 'u!t 4e coule it3 goo fait3& =urisrudence teaches us that #t+he go-erning rincile is ri/us te/ore% otior ure $r!t in ti'e/ !tronger in rig3t"& nowledge gained by the rst buyer o& the second sale cannot de&eat the rst buyers rights e0cet where the second buyer registers in good &aith the second sale ahead o& the rst% as ro-ided by the *i-il *ode. Such knowledge o& the rst buyer does not bar her &ro/ a-ailing o& her rights under the law% a/ong the/% to register rst her urchase as against the second buyer. But in con-erso% knowledge gained by the second buyer o& the rst sale de&eats his rights e-en i& he is rst to register the second sale% since such knowledge taints his rior registration with bad &aith. This is the rice e0acted by Article 1EDD o& the *i-il *ode &or the second buyer being able to dislace the rst buyer; that be&ore the second buyer can obtain riority o-er the rst% he /ust show that he acted in good &aith throughout #i.e. in ignorance o& the rst sale and o& the rst buyers rights+ [, &ro/ the ti/e o& ac4uisition until the title is trans&erred to hi/ by registration% or & ailing registration% by deli-ery o& ossession.@D #5talics sulied+ 84ually i/ortant% uner Section CC of D 1?2.% e-ery registered owner recei-ing a certicate o& title ursuant to a decree o& registration% and e-ery subse4uent urchaser o& registered land taking such certicate &or -alue and in good &aith shall hold the sa/e &ree &ro/ all encu/brances% e0cet those noted and enu/erated in the certicate. Thus% a er!on ealing it3 regi!tere lan i! not reBuire to go 4e3in t3e regi!tr) to eter'ine t3e conition of t3e roert)/ !ince !uc3 conition i! note on t3e face of t3e regi!ter or certicate of title.ollowing this rincile% this *ourt has consistently held as regards registered land that a urchaser in good &aith ac4uires a good title as against all the trans&erees thereo& whose rights are not recorded in the !egistry o& "eeds at the ti/e o& the sale.
%8ATER III $RDINAR< RE,ISTRATIN R%EEDIN,S"
Section 1C& 93o 'a) al)& The &ollowing ersons /ay le in the roer *ourt o& irst 5nstance analication &or registration o& title to land% whether ersonal ly or through their duly authori7edreresentati-es3 $1" Those who by the/sel-es or through their redecessors,in, interest ha-e been in oen%continuous% e0clusi-e and notorious ossession and occuation o& alienable and disosable landso& the ublic do/ain under a bona de clai/ o& ownershi since =une 1$% 1'DE% or earlier. $2" Those who ha-e ac4uired ownershi o& ri-ate lands by rescrition under the ro-ision o&e0isting laws. $>" Those who ha-e ac4uired ownershi o& ri-ate lands or abandoned ri-er beds by right o&accession or accretion under the e0isting laws. $C" Those who ha-e ac4uired ownershi o& land in any other /anner ro-ided &or by law. Jhere the land is owned in co//on% all the co,owners shall le the alication ointly. Jhere the land has been sold under acto de retro% the -endor a retro /ay le an alication &or theoriginal registration o& the land% ro-ided% howe-er% that should the eriod &or rede/tion e0ire duringthe endency o& the registration roceedings and ownershi to the roerty consolidated in the -endee aretro% the latter shall be substituted &or the alicant and /ay continue the roceedings. A trustee on behal& o& his rincial /ay aly &or original registration o& any land held in trust by hi/%unless rohibited by the instru/ent creating the trust. Regi!tration – the entry o& instru/ents or deeds in book or ublic registry. To register% /eans to enter in a register% to record &or/ally or distinctly% to enroll; to enter in a list.
SE%TIN 1C riginal %erticate of Title $%T" The rst title issued in the na/e o& a registered owner by the !:" o-er a arcel o& land registeredunder the Torrens Syste/ by -irtue o& a" =udicial or 4" Ad/inistrati-e roceedings. Tran!fer %erticate of Title $T%T" Subse4uent issuance o& !:" ursuant to any -oluntary and in-oluntary instru/ent relating to the sa/eland. Note3 !egistration roceedings /ay be in re/ or in ersona/. The &ollowing are its distinctions. In re' Binds the whole world In er!ona' To en&orce a ersonal right against a erson ua!i in re' "eals with status% ownershi or liability o& a articular roerty. 5t only oerates on the 4uestion between the arties.This is not to ascertain or cut oI the rights or interests o& all ossible clai/ants.
SE%TIN 1C $1" %EN -!egistration under the rst aragrah o& Section 1D re4uires
the concurrence o& the &ollowing RE5ISITES+ $1" Land alied &or is an agricultural ublic land cla!!ie as alienable and disosable land atthe ti/e; $2" Alication &or registration is led with the roer court; $>" Alicant% by hi/sel& or through his redecessors,in,interest% has been in %ENthereo&% under bona de clai/ o& ownershi; $C" Such ossession and occuation has been eIected since June 12/ 1.C? or earlier. SE%TIN 1C $2" RES%RITIN RES%RITIN LA%8ES an e 0tra ordina ry /ode o& the unreasonable delay in the ac4uiring or losing o& ownershi bringing o& a cause o& action
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and other real rights through the lase o&ti/e in the /anner and under the conditions laid down by law. A /atter o& ti/e 5t is statutory 5t is based on law based on a 0ed ti/e
be&ore the courts o& ustice. 5t is also re&erred toas sleeing on your rights A 4uestion o& e4uity not statutory based on e4uity the eriod -aries on a case,to,case basis
The basis &or Sec. 1D #$+ is &ound in Article 111@ o& the *i-il *ode Article 111>& All t3ing! 3ic3 are it3in t3e co''erce of 'en are !u!ceti4le of re!crition/ unle!!ot3eri!e ro#ie& roert) of t3e State or an) of it! !u4i#i!ion! not atri'onial in c3aracter !3all not4e t3e o4Hect of re!crition& Maam< You have to be specic' because not all lands o Fpublic domainG are inalienable! (atrimonial properties o the.tate are still considered public domain! atri'onial roert) Proerty owned by the State but which is not de-oted to ublic use% ublic ser-ice% or thede-elo/ent o& national wealth. 5t is wealth owned by the State in its ri-ate caacity. *or ri#ate lan!/ 3ic3 are atri'onial roertie! of t3e State/ to 4e acBuire #ia re!crition/ t3efolloing 'u!t concur+ 1" :rdinary Ac4uisiti-e Prescrition% 1> years ossession in good &aith and with ust title; or 2" 80traordinary Ac4uisiti-e Prescrition% uninterruted ad-erse ossession o& atri/onial roerty &or at least@> years% regardless o& good &aith and ust title; andThere /ust be an e0ress declaration by the State that the ublic do/inion roerty is no longer intended &orublic ser-ice or the de-elo/ent o& the national wealth
5& the State has not yet released the land as AF" at the ti/e o& the alication% it is resu/ed that the State is still reser-ing its right to utili7e the roerty. But in this case% the roerty was already classied as AF"% this shows an intention o& the State to abdicate its authority o-er the land.
AS T T8E ISS5E N 98ET8ER R NT A LAND %LASSI*IED AS AUD 7E DEE=ED RI;ATE LAND AND T8ERE*RE S5S%ETI7LE T A%5ISITIN 7< RES%RITIN& 5n this case% the etitioners ri/arily based their registration bid on Sec. 1D #$+ o& P" 1E$' or rescrition. Article 111@ o& the *i-il *ode ro-ides that RAll things which are within the co//erce o& /en are suscetible o& rescrition% unless otherwise ro-ided. Proerty o& the State or any o& its subdi-isions not atri/onial in character shall not be the obect o& rescrition. S* said% unlike Sec 1D#1+% Sec 1D #$+ e0licitly re&ers to the rinciles on rescrition under e0isting laws. The S* also said that the rules on rescrition under the *i-il *ode is alicable in Sec 1D #$+.Article 111> of t3e %i#il %oe says that only the atri/onial roerty o& the state can be subect to rescrition. Also it is clear that land which is art o& ublic do/inion cannot be alienated e-en i& it is declared AF". There /ust be a declaration o& the State that the ublic do/inion roerty is no longer intended &or the de-elo/ent o& the national wealth or that the roerty has been con-erted into atri/onial &or the eriod o& rescrition to run. Jithout these% the roerty re/ains to be o& ublic do/inion. Section 1C $1" /andates registration on the basis o& ossession while Sec& 1C $2" entitles registration on the basis o& rescrition. !egistration under Section 1D #1+ is e0tended under the aegis o& the Proerty !egistration "ecree and the Public Land Act% while registration under Section 1D #$+ is /ade a-ailable both by the Proerty !egistration "ecree and the *i-il *ode.
=ALA7ANAN ;& RE57LI%
*act!+ 5n 1''(% =ario =ala4anan led an alication &or land registration co-ering a arcel o& land located in Silang *a-ity. 2alabanan clai/ed that he urchased the land &ro/ Euaro ;ela(co% and that he and his redecessors,in,interest had been in :*8NP: o& the land &or /ore than @> years. Ari!tee! ;ela(co% 2alabanans witness% testied be&ore the court that the roerty originally belonged to a $$, hectare roerty owned by Lino ;ela(co% her great,grand&ather. Lino had D sons – Benedicto% Gregorio% 8duardo and 8steban. 8steban is Aristedes grand&ather. The roerty was di-ided a/ong the D o& the/. 5n 1''H% 2agdalena% 8stebans wi&e% beca/e the ad/inistrator o& all the roerties o& the
Also% !egistration under Sec& C@ $4" of u4lic Lan Act is based on ossession% Sec& 1C $2" of D 1?2. is &ounded on e0traordinary rescrition under the *i-il *ode. The rules on rescrition under the *i-il *ode do not aly to Sec 1D #1+ since there is no such intent /ani&ested by the legislature and that P" 1E$' is neither suerior nor in&erior than *i-il *ode% legislature is not bound to adhere on *i-il *ode &ra/ework. AS T T8E ISS5E N 98ET8ER R NT =ALA7ANAN IS ENTITLED T RE,ISTER T8E RERT< 7ASED N SE%TIN 1C $1" R SE%TIN 1C$2" * D 1?2. R 7T8& The S* said that the e-idence resented is insucient to establish that 2alabanan thas ac4uired ownershi o-er the subect roerty under Section D( #b+ o& the Public Land Act. There is no substanti-e e-idence to establish that 2alabanan or his redecessors,in,interest ha-e been in ossession o& the roerty since =une% 1$% 1'DE or earlier. The earliest that etitioners can date back their ossession% as e-idenced a ta0 declaration% is to the year 1(D(. There&ore% they cannot register the land under Sec. 1D #1+. Neither can etitioners roerly in-oke Section 1D #$+ as basis &or registration. Jhile the subect roerty was declared AF" in 1'($% there is no co/etent e-idence that is no longer intended &or ublic use% ublic ser-ice% or &or the de-elo/ent o& the national wealth& T3e cla!!ication of t3e !u4Hect roert) a! AUD lan of t3e u4lic o'ain oe! not c3ange it! !tatu! a! roert) of t3e u4lic o'inion . Thus% it is insuscetible to ac4uisition by rescrition R ;& %A AND NA,5IT Section 1C $1" 'erel) reBuire! t3e roert) !oug3t to 4e regi!tere a! alrea) aliena4le an i!o!a4le Rat the ti/e the alication &or registration o& title is led. A contrary interretation renders ar. #1+ Section 1D -irtually inoerati-e and e-en recludes the go-ern/ent &ro/ gi-ing it eIect e-en as it decides to reclassi&y ublic agricultural lands as AF".
SE%& 1C $>" A%%ESSIN AND A%%RETIN A& Acce!!ion !e&ers to the right o& an owner o& a thing to its roducts as well as whate-er is insearablyattached thereto as an accessory. The accessory &ollows the rincial.
1(
7a!i! in t3e %i#il %oe Article CC0& The ownershi o& roerty gi-es the right by accession to e-erything which is roduced thereby% or which is incororated or attached thereto% either naturally or articially. ReBui!ite! of Acce!!ion #alies to lakes% creeks% and strea/s+ + 1. That the deosit be gradual and i/ercetible; $. That it be /ade through the eIects o& the current o& the water; @. That the land where the accretion takes lace is adacent to the banks o& the ri-er. 7&
Accretion an Allu#ion Accretion– dened as the addition o& ortions o& soil% by gradual deosition through the oeration o& natural causes% tothat already in the ossession o& the owner. #Blacks Law+ Allu#ion– 5t re&ers to the accretion /ade by Mow o& ri-ers. A &or/ o& accession natura % which is ro-ided &or in ArticlesDE) and DH1. Article C?. To the owners o& lands adoining the banks o& ri-ers belong the accretion which theygradually recei-e &ro/ the eIects o& the current o& the waters. Article C61& !i-er beds which are abandoned through the natural change in the course o& the waters iso&acto belong to the owners whose lands are occuied by the new course in roortion to the area lost.?owe-er% the owners o& the lands adoining the old bed shall ha-e the right to ac4uire the sa/e by ayingthe -alue thereo&% which -alue shall not e0ceed the -alue o& the area occuied by the new bed. ReBui!ite! of Accretion or Allu#ion 3 1" The change /ust be sudden; 2" The changing o& the course /ust be /ore or less er/anent% and not te/orary o-er Mooding o& anothers land; >" The change o& the ri-er /ust be a natural one% not by articial /eans; C" There /ust be denite abandon/ent by the go-ern/ent; ?" The ri-er /ust continue to e0ist% that is% it /ust not co/letely dry u or disaear. Rationale of t3e la on accretion+ 5t is ri/arily anchored on the rincile or right o& accession in Art. DE). Also% to co/ensate the owner&or the danger o& loss that he suIers because o& the location o& his lands. A%5ISITIN * 9NERS8I IN AN< =ANNTER R;IDED *R 7< LA9 o RESER;ATIN *R SE%I*I% 57LI% 5RSE
,RANDE ;& %A E S*!A E$D *act!+ Petitioners Grande are the owners o& a arcel o& land located in the 2uniciality o& 2agsaysay% ro-ince o& 5sabela. They inherited the said land &ro/ their /other who inherited the sa/e &ro/ her arents. The land is registeredin the na/e o& the arents o& their /other. Jhen it was sur-eyed &or uroses o& registration in 1'@>% the northeasternboundary was the *agayan !i-er. Since then% a gradual accretion on the northeastern side took lace% by action o& thecurrent o& the *agayan !i-er. That by 1'E(% an allu-ial deosit o& 1'% 'HD s4uare /eters% /ore or less% had been addedto the registered area. 5n 1'E(% Grandes led an action to 4uiet title to said ortion &or/ed by accretion. They alleged that they andtheir redecessor,in,interest were &or/erly in eace&ul and continuous ossession o& the said land until the *alalungsentered uon the said land under clai/ o& ownershi in 1'D(. The *alalungs% on the other hand% asserts that they ha-ebeen in continuous% oen% and undisturbed ossession o& the land since rior to the year 1'@@ u to the resent. !T* ruled in &a-or o& the Grandes and ordered *alalungs to -acate the re/ises. The lower court said that theland in 4uestion being an accretion to the /other or registered land% the sa/e belongs to Grandes. That the sa/ecannot be ac4uired by rescrition since it is considered a
registered roerty under Section DH% Act D'H% hence% it couldnot be ac4uired by rescrition. *A o-erturned !T*s decision saying that rescrition has already set in &a-or o& the *alalungs. I!!ue3 J:N *alalungs ac4uired the allu-ial roerty in 4uestion through rescritionQ Ruling3 5t is undisuted that under Art. DE) o& the *i-il *ode% etitioners Grande are the law&ul owners o& said allu-ial roerty% as they are the registered owners o& the land which it adoins. Any allu-ial deosits adoining ones land does not beco/e iso &acto registered land. :wnershi o& a iece o& land is one thing% and registration under Torrens syste/ o& that ownershi is 4uite another. To obtain the rotection o& i/rescritibility% the land /ust be laced under the oeration o& the registration laws where in certain udicial rocedures ha-e been ro-ided. 5n this case% Grandes ne-er sought registration o& said allu-ial roerty until the resent action. The incre/ent% there&ore% ne-er beca/e registered roerty% and hence is not entitled to the rotection o& i/rescritibility% which /eans it was subect to ac4uisition through rescrition by @rd ersons. urther/ore% in this case% the *A &ound that *alalungs were in ossession o& the allu-ial lot since 1'@@ or 1'@D until 1'E(. The law on rescrition alicable to the case is that ro-ided in Act 1'> and not the ro-isions o& the *i-il *ode since the New *i-il *ode rules on rescrition were not yet in &orce. The S* nally said that *alalungs ac4uired the allu-ial lot in 4uestion by ac4uisiti-e rescrition. Allu#ial for'ation along t3e !ea!3ore for'! art of t3e u4lic o'ain , 5t /ay only be disosed o& i& there is a &or/al declaration by the go-ern/ent that the sa/e is A and ". 5ts disosition &alls under the e0clusi-e suer-ision and control o& the Land 2anage/ent Bureau. SE%& 1C $C" IN AN< T8ER =ANNER R;IDED *R 7< LA9 1" re!iential rocla'ation re!er#ing lan! for !ecic u4lic uro!e The resident has the authority to set aside lands &ro/ sale6ublic ac4uisition and reser-e the/ toublic use% e-en though this /ight de&eat the i/er&ect right o& a settler. Lands co-ered by reser-ationare not subect to entry and /ay not be the subect o& law&ul settle/ent. •
Exa'le+ 1" Procla/ation )'1. 5t set aside a arcel o& land &or the Cni-ersity o& the Philiines *ollege o& Agriculturee-en though a logger,cororation had been ossessing the land by -irtue o& a ti/ber license. 7International hardwood &s( +ni&ersity of the ,hil( 2" Procla/ation @E> was a land grant to the 2indanao 2edical *enter e-en though the occuant ossessed asales atent. 7Repu%lic Mindanao Medical Center &s( CA >" Procla/ation 1(> set aside a arcel o& land uon which a ublic school was to be built. The occuant couldnot ro-e :*8NP: and could not there&ore assert a suerior right o-er the school. 7Repu%lic &s( !oldol
R 7< =INDANA =EDI%AL %ENTER ;& %A *A%TS+ 5n 1'$1% Eugenio e Je!u!% the &ather o& resondent Aleandro de =esus% alied with Bureau o& Lands &or Sale! atent o& a land situated in "a-ao *ity% the subect roerty alied &or was a ortion o& what was known as "a-ao*adastre. Bureau o& Lands acceted sealed bids &or the urchase o& the land. The "irector o& Lands annulled the auction sale by reason o& non, articiation o& 8ugenio due to non,ser-ice o& notice. Bidding was held where 8ugenio was the lone bidder% he e4ualed the bid re-iously sub/itted by "r. 8bro which is P1>>.E> er hectare. An order o& award was then gi-en to 8ugenio. Therea&ter% A sur-ey was conductedand the sa/e was aro-ed. 5n 1'@H% the "L ordered the a/end/ent o& the Sales Alication o& 8ugenio saying that aortion o& the roerty is needed by the Philiine Ar/y &or /ilitary ca/site. The area e0cluded was identied was Lot11)H – B – $% the land in 4uestion which consists o& 1$.( hectares.5n the sa/e year% President =anuel ue(on i!!ue rocla'ation No& @?it3raing t3e !u4Hect lot fro' !ale
1'
an !ettle'ent an re!er#ing it for 'ilitar) uro!e!. Then% 8ugenio aid &or the install/ent &or the Sales Patent% thisay/ent did not include the /ilitary ca/site a&ter it was e0cluded &ro/ the alication. inally% in 1'D(% the SalesPatent was awarded to hi/ by "L and by the Secretary o& Agriculture and Natural !esources.Subse4uently% re!ient Ra'on =ag!a)!a) re#oe rocla'ation No& @? 3ic3 oene t3e !u4Hect roert) toi!o!ition under the ro-isions o& the Public Land Act &or resettle/ent o& the s4uatters. ?owe-er% the sa/e re#ocationa! !uer!ee 4) anot3er orer re!er#ing t3e lot for 'eical center !ite& 5n 1'H'%=inanao =eical %enter alied &orthe registration o& the land under Torrens Syste/ clai/ing a fee !i'leO title. !esondents "e =esus oosed theregistration on the ground that his &ather has rior -ested right on the roerty.
Excetion+ Jhere at the ti/e the *ororation ac4uired the land% its redecessors,in,interest ha-e co/lied with :*8NP: as to entitle hi/ registration in his na/e. The *onstitutional rohibition will no longer aly as the land% by -irtue o& rescrition has beco/e ri-ate. #Su7i -s. !a7on+
!T* "a-ao ruled in &a-or o& 22*. *A o-erturned !T*s decision recogni7ing "e =esus alleged -ested right.
*act!+ 5n 1'(1% Ac/e Plywood and s4/+ o& landit allegedly ac4uired &ro/ 2ariano and Acer 5nel% both /e/ber o& the "u/agat tribe. The Inel! substantiates theirownershi saying that their ancestors ha-e ossessed and occuied the land &ro/ generation to generation until it ca/einto their ossession. Ac'e contended in its alication that their ad-erse and continuous ossession since 1'H$ and by tacking theirossession to that o& the ossession o& the 5nels% they ha-e already ac4uired title o-er it; that the ownershi o& landsby cororations is go-erned by the 1'@E *onstitution. Ac/e &urther ro-es that the subect land is a ri-ate land a&ter it oner!3i a! gi#en to t3e non%3ri!tian tri4e! ur!uant to RA >@2 . That also% they ha-e introduced /ore than DE/illion esos worth o& i/ro-e/ents on the land. Also that their ownershi is recogni7ed by 2uniciality o& 5sabelathrough the donation it /ade which was acceted by the &or/er.
ISS5E3J:N "e =esus has -ested right and is conse4uently entitled to the registration o& the roerty in disuteQ R5LIN,3 No. President 2agsaysays rocla/ation #No. @E>+ legally eIected a land grant to 22* o& the whole lot and notonly a ortion thereo&. Such lan grant a'ount! to a fee !i'leO title or a4!olute title in fa#or of ==% . Section 6C $e" of t3e Re#i!e A'ini!trati#e %oee/owers the resident Rto reser-e &ro/ sale or otherdisosition to the ri-ate do/ain o& the Go-ern/ent o& the Philiines% the use o& which is not otherwise directed bylaw. The land reser-ed Rshall be used &or the secic uroses directed by such 80ecuti-e :rder until otherwisero-ided by law. Section @> of t3e u4lic Lan Act authori7es the President to issue rocla/ation to declare lands reser-ed &orublic use or when the ublic interest re4uires it. 5t is true that Procla/ation No. @E> states that the sa/e is subect to 5privilege rights' i any there be'U but8ugenio de =esus or his son Aleandro de =esus &ailed to ro-e any ri-ate rights o-er the roerty reser-ed. Jee,settledis the rule that unless the alicant has shown by clear and con-incing e-idence that a certain ortion o& the ublicdo/ain was ac4uired by hi/ or his ancestors either by co/osition title &ro/ the Sanish Go-ern/ent or by ossessoryin&or/ation title% or any other /eans &or the ac4uisition o& ublic lands% such as grants or atents% the roerty /ust beheld to be art o& the ublic do/ain 8-en on the gratuitous assu/tion that a donation o& the /ilitary Uca/ siteU was e0ecuted between 8ugenior de =esus and Seran 2arabut% such donation would anyway be -oid% because 8ugenior de esus held no do/inical rights o-er the site when it was allegedly donated by hi/ in 1'@H.
7& LAND A%5ISITIN 7< RI;ATE %RRATINS ner!3i 4) %ororation! 8i!tor) 1.>? 5t allowed ri-ate uridical entities to ac4uire alienable %on!titut lands o& ublic do/ain% which shall only be less than 1* :;" hectares( ion 1.> Section 11% Article 1D o& the said constitution stated that %on!titut no ri-ate cororation 000 /ay hold alienable lands ion e0cet bylease not to e5ceed 1::: hectares in area( 1.@ Section @% Article 1$ retained the 1')@ *onstitutions %on!titut li/itations% but added lease period not e5ceeding ;< years and renewa%le for not $ore than ;< years( ion ,eneral Rule+ *ororations are dis4ualied &ro/ owning alienable lands o& ublic do/ain e0cet through lease.
DL ;& IA% AND A%=E L<9D AND ;ENEER 1C6 S%RA ?0.
The "irector o& Lands oosed to nothing o& the allegations e0cet the alicability o& the 1'@E *onstitution. "Lcontends that the registration was co//enced only in 1'(1 which was long a&ter the 1')@ *onstitution took eIect. Article 1C Section 11 of t3e 1.> %on!titutionrohibits ri-ate cororations or associations &ro/ holding alienable landso& the ublic do/ain% e0cet by lease not to e0ceed 1%>>> hectares. This roscrition is not &ound in the 1'@E*onstitution which was in &orce the ti/e Ac/e bought the land in 4uestion. ?ence% it cannot be registered under Sec. D(o& *A 1D1. !T* and *A ruled in &a-or o& the "irector o& Lands. I!!ue+J:N the title 5nels trans&erred to Ac/e in 1'H$ could be conr/ed in &a-or o& Ac/eQ And J:N 1')@*onstitution should alyQ Ruling+ The land was already ri-ate land to which the 5nels had a legally sucient trans&erable title in 1'H$ whenAc/e urchased it. Ac/e also had a er&ect right to /ake such ac4uisition% there being nothing in the 1'@E constitutionrohibiting *ororations &ro/ ac4uiring and owning ri-ate lannds.8-en i& the land re/ained technically Rublic land desite i//e/orial ossession o& the 5nels and theirancestors% until title in their &a-or was actually conr/ed in aroriate roceedings under the Public Land Act% there can be no 4uestion to Ac/es right to ac4uire the sa/e since t3ere i! no ro3i4ition for cororation to acBuire inco'lete or i'erfect title&T3e onl) li'itation a! t3at cororation! coul not 3ol or lea!e u4lic agricultural lan! in exce!! of 1/ 02C&1.> %on!titution al!o cannot efeat a rig3t alrea) #e!te 4efore t3e la ca'e into ePect/ or in#aliate tran!action t3en erfectl) #ali an roer 93at i! a %ororation SoleF 5t is a secial &or/ o& cororation usually associated with the clergy. 5t consists o& one erson only% and hissuccessors #who will always be one at a ti/e+% who are incororated by law to gi-e the/ so/e legal caacity toad/inister church roerties that co/e into their ossession. They are not treated as ordinary ri-ate cororation. As by the nature o& its incororation% it is e/owered bylaw to urchase and hold real estate and ersonal roerty. •
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;e!te rig3t! 5t is so/e right or interest in roerty% which has beco/e 0ed and established and no longer oen todoubt or contro-ersy. 5t cannot be i/aired without -iolating ones right to due rocess. •
Juicial conr'ation of I'erfect or Inco'lete Title!
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A<, ;S& %5SI 1C6 S%RA 1? *A%TS+ 5n 1'E@% the "irector o& Lands granted Binan "e-elo/ent *o.% 5nc. its Sale! Alication o& the land located in "a-ao *ity with an area o& $E> hectares. There were rotesters but then their rotest was dis/issed by the "irector and ordered the/ to -acate the subect lot. No aeal was /ade &ro/ the decision. "esite that% the Rs4uatters deed the "irector o& Lands order to -acate. An eect/ent suit was brought which caused the delay o& the issuance o& the atent. The "irector o& Lands reco//ended to the Secretary o& Natural !esources the aro-al o& the Sales Patent saying that the *ororation had co/lied with the said re4uire/ents long be&ore the eIecti-ity o& the 1')@ *onstitution% that the land in 4uestion was &ree &ro/ clai/s and conMicts and that the issuance o& the atent was legal% and the said issuance is an e0cetion to the rohibition o& ownershi by ri-ate cororation. The Secretary o& Natural !esources noted that the alicant had ac4uired a -ested right to issuance. Subse4uently% the eect/ent suit was decided in &a-or o& the cororation. ?owe-er% the !Buatter!O allege t3at t3e aotion of t3e 1.> %on!titution a! a !uer#ening fact t3at ill 'ae t3e i!!uance of atent illegal !ince no ri#ate cororation i! alloe to 3ol aliena4le lan! of t3e u4lic o'ain excet 4) lea!e not to excee 1/000 3ectare!& ISS5E3 J:N B5nan "e-elo/ent *ororation /ay -alidly ac4uire the Sales Patent desite the rohibition e/bodied in the 1')@ *onstitutionQ 9es. R5LIN,3 The said constitutional rohibition has no retroacti-e alication to the sales alication o& Binan *or. because it has already ac4uired a -ested right to the land alied &or at the ti/e o& the 1')@ *onstitution took eIect. Such -ested right has to be resected. 5t could not be abrogated by the new *onstitution. A #e!te rig3t is dened as when the right to enoy/ent has beco/e the roerty o& so/e erson as a resent interest% or% it is so/e right or interest in roerty which has beco/e 0ed and established and is no longer oen to doubt or contro-ersy. 5n this case% it is undisuted that rior to the eIecti-ity o& the 1')@ *onstitution% the right o& the cororation to urchase the land in 4uestion had beco/e 0ed and established and was no longer oen to doubt or contro-ersy.5ts co/liance with the re4uire/ents o& the Public Land Law had the eIect o& segregating the said land &ro/ ublic do/ain. The etitioners contention that their redecessors,in,interest ha-e ossessed the roerty should &ail% the S* said% they should ha-e alied &or atent alications i& it is true.
KARA ;& DL *A%TS+ Ualication &or registration o& the arcel o& land consisting o& :n August D% 1'H> aellants led an alication for regi!tration o& 1>) hectares arcel o& land ur!uant to t3e ro#i!ion! of Act C.6& They alleged that the land had beenin3erite by the/ &ro/ their grand&ather% Pelagio ara% who in turn ac4uired the sa/e under a Sanish grant known as U*o/osicion de Terrenos !ealengosU issued in 1(((. Alternati#el)/ !3oul t3e ro#i!ion! of t3e Lan Regi!tration Act 4e not alica4le/ alicant! in#oe t3e 4enet! of t3e ro#i!ion! of %3ater ;III/ Section C@/ !u4!ection $4" of %&A& 1C1 as a/ended% on the ground that they and their redecessor,in,interest had been in continuous and ad-erse ossession o& the land in concet o& owner &or /ore than @> years i//ediately receding the alication. :ositions were led by the "irector o& Lands% the "irector o& orestry and by ) hectares% /ore or less% was included in the area o& the arcel o& land alied &or registration by
de 1 in this *ourt% which was decided by this sa/e *ourt through the then incu/bent =udge% the ?onorable =uan P. 8nri4ue7% on Sete/ber @>% 1'D'; that the arcel !oug3t to 4e regi!tere 4) t3e alicant! a! eclare u4lic lan in said decision; that they #the oositors + years% the de 1 to ro-e their i/er&ect and inco/lete title o-er the roerty% barred the/ &ro/ raising the sa/e issue in another case; and that as &ar as the decision in *i-il *ase No. $H% L.!. *ase No. H>1 which was ar/ed in the aellate court in *A,G.!. No. E(D),! is concerned% there is already Ures,udicataU [ in other words% the cause o& action o& the alicant is now barred by rior udg/ent; and that this *ourt has no /ore urisdiction o-er the subect /atter% the decision o& the *ourt in said case ha-ing trans&erred to the "irector o& Lands. :n No-e/ber 1E% 1'H> the "e
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J5DI%IAL %N*IR=ATIN * I=ER*E%T TITLES $SE%TIN C@ $4" of %A 1C1" erio of o!!e!!ion for Juicial %onr'ation of i'erfect title+ 8i!torical 7acgroun LA9 DATE * R5LE E**E%TI;IT < LA- .26 :ct. 1)% :*8NP: o& agricultural lands &or 1> 1'>@ years be&ore the eIecti-ity o& this Act 2n LA No-. $'% :*8NP: o& agricultural lands 2@C 1'1' #e0cluding ti/ber and /ineral lands+ o& the ublic do/ain% under bona de clai/ o& ac4uisition o& ownershi% since =CL9 $H% 1('D RLA 1C1 "ec. 1% 1'@H Possession and occuation o& lands o& the ublic do/ain since =CL9 $H% 1'(D only li/ited to iliinos RA 1.C2 =une $$% Possession and occuation &or atleast 1'E) @> years i//ediately receding the ling o& the alication D 10> =anuary $E% Land /ust be AF" #not any/ore 1')) agricultural lands o& the ublic do/ain% it /ust be ossessed and occuied since =une 1$% 1'DE The a/end/ent &ro/ agricultural lands to A F " is not a substantial a/end/ent because only agricultural lands are alienable. The re-ailing rule &or :*8NP: is not any/ore @> years. 5t is now since =une 1$% 1'DE or earlier. The a/end/ent was /ade to i-e with Sec. 1D#1+ o& P" 1E$'. Di D 1?2. an D 10> $3ic3 re'o#e t3e >0 )r reBuire'ent for %EN" reclue alication for regi!tration of aliena4le lan! of u4lic o'ain co''ence onl) after June 12/ 1.C?F No% considering Section 1D#$+ still allows ac4uisition o& alienable lands o& ublic do/ain through rescrition. 5n ci-il law% rescrition is one o& the wars o& ac4uiring ublic land. So e-en i& the ossession was co//enced later than =une 1$% 1'DE% you /ay still 4uali&y under Section 1D#$+. ReBuire'ent! for Juicial %onr'ation of I'erfect Title 1" The land /ust &or/ art o& the AF" agricultural lands o& the ublic do/ain; 2" Alicant /ust ha-e been in :*8NP: >" Cnder a bona de clai/ o& ownershi since ti/e i//e/orial or since =une 1$% 1'DE RA @>1 ct& 2./ 1.. INDI,EN5S ELES RI,8TS A%T %ARIN ;& INS5LAR *act!+ *arino alied &or the registration o& a arcel o& land located in Benguet ro-ince. *arino alleges that3 a. ?is redecessors has been in the ossession o& the land &or /ore than E> years. b. ?e was inherited the land under the 5gorot custo/s. ?owe-er% it was not shown that *arino has a docu/ent o& title to ro-e ownershi such as royal grant. Thedisute arose when the go-ern/ent oosed the registration contending that the land in 4uestion belonged to the State. That the Sanish law ro-ides that all lands belonged to the Sanish *rown #=ura !egalia+% and it could not ha-e beenac4uired by *arino since rescrition does not lie against the crown. I!!ue+J:N *arinos alication should be grantedQ
Law and ustice re4uire that the alicant should be granted title. The Sure/e *ourt o& the Cnited Statesthrough =ustice ?ol/es had this to say3R5t /ight erhas be roer and sucient to say that when/ a! far a! te!ti'on) or 'e'or) goe!% the land has been held by indi-iduals under a clai/ o& ri-ate ownershi. 5t will be resu/ed to ha-e been held in the sa/e way &ro/ be&ore the Sanish *on4uest% and ne-er to ha-e been in Public Land. 5t was &urther ruled that *arinos kind o& title% a nati-e title% is an excetion to Jura Regalia& %R5K ;& DENR *A%TS+ 5sagani *ru7 and *esar 8uroa% etitioners% assailed the constitutionality o& certain ro-isions o& !A (@)1 # 5ndigenous Peoles !ights Act o& 1'')+ together with its i/le/enting rules and regulations. The :SG also co//ented that 5P!A is artly unconstitutional on the ground that it grants ownershi o-er natural resources to indigenous eole. :n the other hand% %8R asserts that 5P!A is an e0ression o& the rincile o& arens atriae and that the State has the resonsibility to rotect and guarantee the rights o& those who are at a serious disad-antage like indigenous eole. or this reason% it rays that the etition be dis/issed. Petitioners *ru7 and 8uroa countered the constitutionality o& 5P!A and its i/le/enting rules on the ground that they a/ount to an unlaw&ul deri-ation o& the States ownershi o-er lands o& the ublic do/ain as well as /inerals and other natural resources. Also% that the law is in -iolation o& the !egalian "octrine e/bodied in the *onstitution. Also% etitioners contended that% by ro-iding &or an all,enco/assing denition o& Rancestral do/ains and Rancestral lands% it /ight include ri-ate lands &ound within the said areas. I!!ue+J:N 5P!A is unconstitutional as it contra-enes !egalian "octrineQ Ruling+ N/ IRA i! 3el to 4e con!titutional& A&ter due deliberation on the etition% ) /e/bers o& the court -oted to dis/iss the etition% and ) /e/bers o& the court -oted to grant the sa/e. The case was redeliberated uon% howe-er% the -otes re/ained the sa/e. According to the !ules o& *i-il Procedure% the etition has to be dis/issed. The constitutionality o& 5P!A is uheld. Ju!tice angani4an! Di!!enting inion+ *ontentions o& !A (@)1s unconstitutionality3 1. 5t -iolates the inalienability o& Natural !esources and o& Public "o/ains. That this is in contra-ention to Section $% Art. 1$ o& the *onstitution that only agricultural lands o& the ublic do/ain can be considered as alienable and disosable lands. $. No land area li/its are secied , That D6E o& the countrys natural resources and 16@ o& the countrys land will be concentrated to 1$ 2illion 5Ps% and while H> /illion other iliinos will share the re/aining. These gures -iolates the constitutional rincile o& a R/ore e4uitable distribution o& oortunities% inco/e% and wealth a/ong iliinos. @. 5t abdicates the State "uty to take ull *ontrol and Suer-ision o& Natural !esources D. Public "o/ains and Natural !esources are owned by the State and *annot be Alienated or *eded Ance!tral Do'ain- re&ers to all areas generally belonging to 5**s65Ps co/rising lands% inland waters% coastal areas% and natural resources therein Ance!tral Lan – re&ers to land occuied% ossessed and utili7ed by indi-iduals% &a/ilies% and clans who are /e/bers o& the 5**s65Ps since ti/e i//e/orial% by the/sel-es or through their redecessors,in,interest% under clai/s o& indi-idual or traditional ownershi Nati#e Title- re&ers to re,con4uest rights to lands and do/ains% which% as &ar back as /e/ory reaches% ha-e been held under clai/ o& ri-ate ownershi by 5**s65Ps. Ti'e I''e'orial eriod o& ti/e when as &ar back as /e/ory can go% certain 5Ps are known to ha-e occuied% ossessed in the concet o& owner IRA connote! grou or co''unal oner!3i& Ance!tral o'ain! are ri#ate/ 4ut co''unit) roert) ri#ate- since it is not art o& the ublic do/ain %o''unit) ancestral do/ain is owned in co//on and not by 1 articular erson ner!3i o#er t3e natural re!ource! STILL 4elong to t3e State
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5**s65Ps are /erely granted the right to /anage and conser-e the/ &or &uture generation. The rights o& 5Ps take the &or/ o& /anage/ent and stewardshi
=oe! of AcBui!ition of Ance!tral o'ain! an ance!tral lan! 4) t3e I a" Alicant /ust be a /e/ber o& indigenous cultural grou; 4" ?e /ust ha-e been in ossession o& an indi-idually,owned ancestral land &or not less than @> years c" By oeration o& law #5P!A+% the land is already classied as AF" land% e-en i& it has a slo o& 1(\ hence there is no need to sub/it a searate certication that the land is AF" Tran!fer 1" 2" >"
of lan or roert) rig3t! :nly the /e/bers o& the 5**s65Ps 5n accord with custo/ary laws and custo/s Subect to the right o& rede/tion o& the 5**s65Ps &or a eriod o& 1E years i& the land was trans&erred to a non,/e/ber o& 5**s65Ps
=ining eration! on Ance!tral Lan ,eneral Rule+ Not allowed Excetion+ 5& the 5**s concerned consent to it 5n the e-ent o& an agree/ent o& /ining oerations 1" Parties shall agree uon the !oyalty ay/ent 2" The !oyalty ay/ent shall &or/ art o& trust &und &or the socio,econo/ic well,being o& the 5** Members o the cultural communities are given priority in a,arding o .MA//?.CA/K M0"0" CL"TRACT.? .ec! $' $)$* National %o''i!!ion on Inigenou! eole! $N%I" 1" Juri!iction o#er all clai'! an i!ute! in#ol#ing t3e rig3t! of I%%!I! o *ondition recedent to the ac4uisition o& urisdictions3 80haustion o& all re/edies ro-ided under their custo/ary laws and a certication &ro/ the *ouncil o& 8lders6Leaders who articiated in the atte/t to settle the disute and that it was not resol-ed. 2" It 3a! t3e aut3orit) to i!!ue %erticate! of Ance!tral Lan! Title $%ALT" an %erticate! of Ance!tral Do'ain Title $%ADT" >" It 3a! EJ o#er etition for cancellation of %ADT an %ALT allege to 3a#e 4een frauulentl) acBuire to an) er!on C" I!!uance of certication a! a reconition to grant of er'it for i!o!ition ?" oer to cite for conte't an i!!ue re!training orer! Ance!tral Do'ain! Qce !esonsible &or identication% delineation% and recognition o& ancestral lands6do/ains
%ERTI*I%ATE * LAND TRANS*ER/ E=AN%IATIN ATENT/ A**IDA;IT * NNTENAN%<
A&ter the tenant,&ar/er shall ha-e &ully co/lied with the re4uire/ents&or a grant o& title under P.". No. $)% an 8/anciationPatent which /ay co-er re-iously titled or untitled roerty shallbe issued by the "eart/ent o& Agrarian !e&or/. The !egister o& "eeds shall co/lete the entries on thea&ore/entioned 8/anciation Patent and shall assign an originalcerticate o& title nu/ber in case o& unregistered land% and in caseo& registered roerty% shall issue the corresonding trans&ercerticate o& title without re4uiring the surrender o& the ownersdulicate o& the title to be cancelled. 5ncase o& death o& the grantee% the "eart/ent o& Agrarian!e&or/ shall deter/ine his heirs or successors,in,interest and shallnoti&y the !egister o& "eeds accordingly.5n case o& subse4uent trans&er o& roerty co-ered by an8/anciation Patent or a *erticate o& Title e/anating &ro/ an8/anciation Patent% the !egister o& "eeds shall eIect the trans&eronly uon receit o& the suorting aers &ro/ the "eart/ento& Agrarian !e&or/. No &ee% re/iu/% o& ta0 o& any kind shall be charged ori/osed in connection with the issuance o& an original 8/anciationPatent and &or the registration o& related docu/ents. TK"A"T KMA"C0(AT0L" 3KCRKK 6(3 D$7 6Lct! D#' #H$D7 Alica4ilit)%o#erage This alies to tenant &ar/ers o& ri-ate agricultural lands ri/arily de-oted to rice and corn under a syste/ o& sharecro or lease tenancy% whether classied as landed estate or not Retention Li'it!Aar %eiling A &ar/er shall be dee/ed owner o& a ortion constituting a &a/ily,si7e &ar/ o& o * hectares i not irrigated o % hectares i irrigated Lanoner Retention Li'it o $ hectares i such lando,ner is cultivating such area or ,ill no, cultivate it %o!t of Lan%o'en!ation The land shall be e4ui-alent to $ ] ti/es the a-erage har-est o& @ nor/al cro years 5t shall be aid by the tenant in 1E e4ual annual a/orti7ations including interest at the rate o& H\ er annu/
SE%& 10C& ro#i!ional Regi!ter of Docu'ent!& The "eart/ent o& Agrarian !e&or/ shall reare by auto/ate data rocessing a secial registry book to be known as the ro#i!ional Regi!ter of Docu'ent! i!!ue uner D-2 which shall be ket and /aintained in e-ery !egistry o& "eeds throughout the country.
ReBui!ite 4efore t3e title to t3e lan one 4e actuall) i!!ue to t3e tenant far'er Tenant &ar/er should beco/e a &ull,Medged /e/ber o& a duly recogni7ed &ar/ers cooerati-e
Said !egistry Book shall be a register o&3 a" All *erticates o& Land Trans&er #*LT+ issued ursuant to P.". No. $); and 4" All subse4uent transactions aIecting *erticates o& Land Trans&er such as adust/ents% trans&er% dulication and cancellations o& erroneous *erticates o& Land Trans&er
Tran!fera4ilit) of title acBuire to D 2 :nly through hereditary succession or to the Go-t in accordance w6 ertinent laws
SE%& 10?& Certi#cates of L and Transfer* .$ancipation ,atents( [ The "eart/ent o& Agrarian re&or/ shall ursuant to P.". No. $)issue in dulicate% a *erticate o& Land Trans&er &or e-ery landbrought under R:eration Land Trans&er% the original o& which shallbe ket by the tenant,&ar/er and the dulicate% in the !egistry o&"eeds.
COM,R.H./=I-. A3RARIA/ R.>ORM ,RO3RAM 7RA 00
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providesthat ,ith respect to the conversion o agricultural lands covered byRA "o! **&$ to non? agricultural uses' the authority o the 3AR toapprove such conversion may be e1ercised rom the date o itse4ectivity or on June #&' #H! Thus' all lands already classied ascommercial' industrial or residential beore that date no longer needany conversion clearance rom the 3AR!
Aug( ?* ;::9 Agrarian Refor' - redistribution o& lands% regardless o& cros or &ruits roduced% to &ar/ers and regular &ar/workers who are landless% irresecti-e o& tenurial arrange/ent% to include the totality o& &actors and suort ser-ices designed to li&t the econo/ic status o& the beneciaries and all other arrange/ents alternati-e to the hysical redistribution o& lands% such as roduction or rot,sharing% labor ad/inistration% and the distribution o& shares o& stocks% which will allow beneciaries to recei-e a ust share o& the &ruits o& the lands they work
Agricultural lan land de-oted to agricultural acti-ity as dened in this Act and not classied as /ineral% &orest% residential% co//ercial% or industrial land. Agricultural acti#it) culti-ation o& the soil% lanting o& cros% growing o& &ruit trees% raising o& li-estock% oultry or sh% including the har-esting o& such &ar/ roducts% and other &ar/ acti-ities and ractices er&or/ed by a &ar/er in conunction with such &ar/ing oerations done by erson whether natural or uridical. %o#erage All public and private agricultural lands including lands o public domain suitable or agriculture All lands in e1cess o the specic limits as determined by Congress All other lands o,ned by the govGt devoted to or suitable or agriculture All private lands devoted to or suitable or agriculture regardless o the agricultural products raised or that can be raised thereon o K1cept landholdings o lando,ners ,ith a total area o & hectares belo, Exe'tion! an Exclu!ion! fro' %AR co#erage 1 /ands actually' directly' and e1clusively used or pars' ,ildlie' orest reserves' reorestation' sh sanctuaries and breeding grounds' ,atersheds and mangroves8 ; (rivate lands actually' directly' and e1clusively used or pra,n arms and shponds' provided that the same have not been distributed and Certicate o /and L,nership A,ard issued to agrarian reorm beneciaries under the CAR(8 /ands actually' directly' and e1clusively used and ound to be necessary or< a( "ational deense' school sites and campuses' including e1perimental arm stations operated by public or private schools or educational purposes' seeds and seeding research and pilot production center %( Church sites and convents' mos-ue sites and 0slamic centers' common burial grounds c( (enal colonies and penal arms actually ,ored by inmates d( overnment and private research and -uarantine centers e( All lands ,ith # slope and over' e1cept those already developed Agricultural lands reclassi#ed by / EG s i nto residential'commercial or industrial uses e1cluded This is based on !O@ Opinion /o( "" 6#HH)7 ,hich •
Ho$esteads :hile (3 "o! D$ decreeing the emancipation o tenants rom the bondage o the soil and transerring to them o,nership o the land they till is a s,eeping social legislation' it cannot deeat the very purpose o the (ublic /and Act ,hich has been enacted or the ,elare and protection o the poor!
2uali#ed ene#ciaries /andless residents o the same barangay' or in the absence thereo' landless residents o the same municipality in the ollo,ing order o priority 1 Agricultural lessees and share tenants8 ; Regular arm,orers8 .easonal arm,orers8 " Lther arm,orers8 < Actual tillers or occupants o public lands 0 Collectives or cooperatives o the above beneciaries ? Lthers directly ,oring on the land
children o lando,ners ,ho are -ualied shall be given preerence! Actual land?tillers shall not' ho,ever' be e2ected or removed thererom A basic -ualication o a beneciary shall be his ,illingness' aptitude' and ability to cultivate and mae the land as productive as possible .upport services shall be e1tended e-ually to ,omen and men agrarian reorm beneciaries
Retention Li'it! of Lanoner! o Ma1imum o & hectares o % hectares may be a,arded to each child o the lando,ner sub2ect to the ollo,ing -ualications 1& Atleast #& years o age 2& e is actually tilling the land or directly managing the arm Retention limits shall not apply to /Es ac-uiring private agricultural land by e1propriation or other modes o ac-uisition be used or public purposes Di!o!ition or Sale of retaine lan 4) lan oner Ialid' as long as the total landholding that shall be o,ned by the transeree thereo inclusive o the land to be ac-uired shall not e1ceed the landholding ceilings Aar ceiling to 4eneciarie!
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% hectares 0t may be a contiguous tract or several parcels o land cumulate up to the prescribed a,ard limits
Lanle!! 7eneciar) owns less than @ ha. :& agricultural lands Deter'ination of Hu!t co'en!ation 1& Cost o ac-uisition o the land 2& Ialue o the standing crop >& Current value o lie properties C& 0ts nature' actual use' and income ?& .,orn valuation by the o,ner 6& Ta1 declarations & Assessment made by government assessors @& $) ;onal valuation by the B0R =anner of a)'ent 0t shall be paid by the beneciaries to the /B( in %) annual amorti;ation o * interest per annum (ayment or the rst % years may be at reduced amounts /B( shall have a lien by ,ay o mortgage on the land a,arded' it may be oreclosed by the /B( or nonpaymnet o an aggregate o % annual amorti;ations Beneciary ,hose land ,as oreclosed shall be permanently dis-ualied rom becoming a beneciary Tran!fera4ilit) of aare lan! $%LA" only through hereditary succession' to the government' or to the /B(' or to other -ualied beneciaries through the 3AR or a period o #) years ;oluntar) Lan Tran!fer lando,ners o agricultural lands may enter into a voluntary arrangement to direct transer o their lands to -ualied beneciaries sub2ect to guidelines set in the la, (ayment shall be made by the armer?beneciary to the land o,ner under terms to be mutually agreed upon by the parties! 0t shall be binding upon them' upon registration ,ith the approval by the 3AR Approval is deemed given' unless notice o disapproval is received by the armer?beneciary ,ithin %) days rom the date o registration 0n case they donGt agree on the price' the procedure or compulsory ac-uisition shall apply /B( may e1tend nancing to the beneciaries
93en t3e lan cea!e! to 4e econo'icall) fea!i4le an !oun for agricultural uro!e!/ or t3at t3e lan ill 3a#e greater econo'ic #alue for re!iential/ co''ercial or inu!trial uro!e! The 3AR' upon application o the beneciary or the land?o,ner' may authori;e the reclassication or conversion o the land and its disposition (rovided that the beneciary shall have ully paid his obligation 0rrigated and irrigable lands' shall not be sub2ect to conversion Juri!iction of DAR a A dB ud ic at io n o all matters involving implementation
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oagrarian reorm Re so lu tio n o agrarian conNicts and land tenure relatedproblems Appro&al or disapproval o the conversion' restructuring or r ea dB us t$ en t o agricultural lands into residential'commercial' industrial' and other non?agricultural uses
Aeal! 3AR decision #& days rom the receipt CA by certiorari "ot,ithstanding appeal to the CA' the decision o the 3ARshall be immediately e1ecutory! Juri!iction of DAR AHuication 7oar $DARA7" a 3etermine and ad2udicate all agrarian disputes involving the implementation o CAR( % Cases involving the issuance' correction and cancellationo K(s and C/LAs ,hich are registered ,ith the RL3!
*or DARA7 to 3a#e Huri!iction/ t3ere 'u!t 4e a tenanc) relation!3i 4eteen t3e artie! 3ic3 3a! t3e folloing ele'ent!+ #! (arties are the lando,ner and the tenant or agriculturallessee D! .ub2ect matter o the relationship is an agricultural land %! Consent bet,een the parties to the relationship +! (urpose o the relationship is to bring about agriculturalproduction &! There is personal cultivation on the part o the tenant oragricultural lessee *! arvest is shared bet,een the lando,ner and the tenant oragricultural lessee /ote 0 the action is brought beore the trial court' it must determine rst the e1istence o tenancy relationship! 0 there is' then it should dismiss the case! 0t there is no such relationship' then it has 2urisdiction over the case! =inding by 3AR o such relationship is merely preliminary and does not bind the courts!
An action to enforce rig3t! a! a tenant i! 4arre 4) re!crition 5& not led within @ years Secial Agrarian %ourt e!ignate 4) t3e RT% !3all 3a#e t3e folloing original an e xclu!i#e Huri!iction 1 All petitions or the determination o 2ust compensation tolando,ners' and ; (rosecution o all criminal o4enses under RA **&$
Title! i!!ue ur!uant to D 2 an RA 66? !3all4eco'e inefea!i4le an i're!criti4le after 1 )earfro' t3eir regi!tration in t3e RD Juri!iction of DAR an DARA7 "A! Prior to registration with the !:" *ase in-ol-ing issuance% recall or cancellation o& *L:As and 8Ps
"A!AB A&ter registration with !:" 5 ssua nc e% c orrec tio n cancellation o& *L:As or 8Ps
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=DES * A%5IRIN, RI;ATE A,RI%5LT5RAL LAND 1" :eration Land Trans&er 2" "
Agricultural lan!are only those lands which are arable and suitable agricultural lands and do not include co//ercial% industrial and residential lands. Lands con-erted to non,agricultural uses rior to the eIecti-ity o& !A HHE) are outside its co-erage– Natalia #!& DAR Lands de-oted to li-estock and oultry,raising are not included in the denition o& agricultural land. 5t declared as unconstitutional the ro-ision in !A HHE) inso&ar as it included li-estock &ar/s in the co-erage o& agrarian re&or/ – Lu7 ar/s -s. Secretary o& "A!
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ASS%IATIN * S=ALL LAND9NERS ;& SAR $1.@." the re4uire/ent o& ublic use has been settled by the *onstitution itsel&. 5t noted that R#n+o less than the 1'() *harter calls &or agrarian re&or/ which is the reason why ri-ate agricultural lands are to be taken &ro/ their owners% subect to the rescribed /a0i/u/ retention li/its. The *ourt also declared that the law is a -alid e0ercise by the State o& the olice ower and the ower o& e/inent do/ain.
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:n the alleged -iolation o& the e4ual rotection clause% the sugar lanters ha-e &ailed to show that they belong to a diIerent class and should be diIerently treated.
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And on the alleged ay/ent o& ublic /oney as ust co/ensation without the corresonding aroriation% the *ourt said that there is no rule that only /oney already in e0istence can be the subect o& an aroriation law. The ear/arking o& &ty billion esos as Agrarian !e&or/ und% although deno/inated as an initial a/ount% is actually the /a0i/u/ su/ aroriated. The word Rinitial si/ly /eans that additional a/ounts /ay be aroriated later when necessary.
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inally% on the contention that the law is unconstitutional inso&ar as it re4uires the owners o& the e0roriated roerties to accet ust co/ensation there&or in less than /oney% which is the only /ediu/ o& ay/ent allowed% the *ourt held that the law Ris not an ordinary e0roriationwhere only a secic roerty o& relati-ely li/ited area is sought to be taken by the State &ro/ its owner &or a secic and erhas local urose% but deals with Ra re-olutionary kind o& e0roriation #which+ aIects all ri-ate agricultural lands. R#S+uch a rogra/ will in-ol-e not /ere /illions o& esos #but+ hundreds o& billions o& esos will be needed% &ar /ore indeed than the a/ount o& PE> billion initially aroriated% which is already staggering as it is by our resent standards.
7a!e on t3e !logan+ Lan for t3e Lanle!! 1'@E constitution – /andated the olicy o& social ustice to Rensure the well,being and econo/ic security o& all the eole% esecially the less ri-ileged.
The State shall% by law% undertake an agrarianre&or/ rogra/ , &ounded on the right o& &ar/ers and regular &ar/workers% , who are landless% to own directly or collecti-ely the lands they till or% , in the case o& other &ar/workers% to recei-e a ust share o& the &ruits thereo&. To this end% the State shall , encourage and undertake the ust distribution o& all agricultural lands% , subect to such riorities and reasonable retention li/its as the *ongress /ay rescribe% o taking into account ecological% de-elo/ental% or e4uity considerations and subect to the ay/ent o& ust co/ensation. , 5n deter/ining retention li/its% the State shall resect the right o& s/all landowners. The State shall &urther ro-ide incenti-es &or -oluntary land,sharing. o >@CC, Agricultural land re&or/ code #aug. (% 1'H@+ D 2 , co/ulsory ac4uisition o& ri-ate lands &or distribution a/ong tenant,&ar/ers and to seci&y /a0i/u/ retention li/its &or land owners #:ct. $1% 1')$+ E 22@ , &ull ownershi in &a-or o& P" $) beneciaries and ro-iding -aluation o& still un-alued lands 1>1 , *A!P and E 22. ro-iding /echanis/s &or its i/le/entation RA 66? – *o/rehensi-e Agrarian !e&or/ Law o& 1''(% by P. A4uino #=une 1>% 1'((+
NATALIA REALT< ;& DAR Lan! con#erte to non-agricultural u!e! rior to t3e ePecti#it) of %ARL are out!ie it! co#erage ?8L"3 Lands not de-oted to agricultural acti-ity are outside the co-erage o& *A!L. These include lands re-iously con-erted to non,agricultural uses rior to the eIecti-ity o& *A!L by go-ern/ent agencies other than "A!. Thus% &or instance% the con-ersion o& ortions o& the Antiolo ?ills Subdi-ision &or residential use and de-eloed such rior to the assage o& the law e0cluded the area &or *A!L co-erage because it ceased to be de-oted to agricultural acti-ity. Since the NATAL5A lands were con-erted rior to 1E=une 1'((% resondent "A! is bound by such con-ersion.5t was there&ore error to include the unde-eloed ortionso& the Antiolo ?ills Subdi-ision within the co-erage o&*A!L. L5K *AR=S ;& SE%RETAR< *ar'! u!e for rai!ing li#e!toc/ oultr) an !ine not co#ere in deter/ining the area o& land to be e0cluded% A: No. ' 0ed the &ollowing retention li/its% -i7.3 131 ani/al,land ratio #i.e.% 1 hectare o& land er 1 head o& ani/al shall be retained by the landowner+% and a ratio o& 1.)(1E hectares &or li-estock in&rastructure &or e-ery $1 heads o& cattle shall likewise be e0cluded &ro/ the oerations o& the *A!L.
Art. V555% Sec. D
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