LTD Outline Land Titling

Atty. Atty. Erwin L. Tiamson Discussion Guide Land Title and Deeds

I.

Land as Property

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A. Basi Basic c Pri Princ ncip iple les s in Land Land Owne Owners rshi hip p

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B. Sy Syst stem em of Land Land Owne Owners rshi hip p

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1. Publ Public ic Doma Domain in Land Lands s

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2. Priv Privat ate e Land Lands s

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C. Land Land Admi Admini nist strratio ation n

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D. Govern Governmen mentt Agen Agencie cies s Involv Involved ed in Land Land Adminis Administra tration tion

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E.

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II. II.

Land Land Titl Titles es and and Lan Land d Reg Regis istr trat ation ion 1. Title Title as Nake Naked d Right Right of Owne Ownersh rship ip

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2. Titled Titled Land Land as Regist Registere ered d Land Land

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3. Untitl Untitled ed Land Land as Unreg Unregist istere ered d Land Land

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Back Backgr grou ound nd Lan Land d Tit Title les sa and nd Reg Regis istr trat atio ion n in the the Philippines

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A. Pre-Spanish Pre-Spanish Concept Concept of Land Ownershi Ownership p

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B. Spanish Pe Period

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1.

Owne Owners rshi hip p of of Lan Lands ds by Disc Discov over ery y

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1.

Johnso Johnson n v. v. M’Int M’Intosh osh 21 U.S. U.S. (8 (8 Wheat Wheat.) .) 543 543 (1823 (1823) )

2.

Cariño Cariño v. v. Insula Insularr Govern Governmen mentt of the Philip Philippin pines es

3.

Cruz Cruz v. DE DENR Se Secr cret etar ary y

2.

Land Land Titl Titles es Iss Issued ued during during the Spanis Spanish h Peri Period od

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3.

Spa Spanish nish Mor Mortgag gaged Law

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CASES:

C. American Period iod

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1. Treaty reaty of Paris Paris of of 1898 1898 Between Between the the U.S. U.S. and Spain Spain

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2. Philippine Philippine Bill of 1902 (First (First Constitut Constitution) ion)

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CASES: 4)

Jone Jones s vs. Insu Insular lar Gov Govern ernmen mentt (6 Phil. Phil.122 122) )

5)

Mapa Mapa vs. Insular Insular Governm Government ent (10 Phil.,1 Phil.,1753, 753, 1908 1908) )

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6)

Govern Government ment of of the Phil Philipp ippine ine Islan Islands ds vs. Abella Abella (49 (49 Phil. Phil. 49)

7) Corneli Cornelio o Ramos Ramos vs. vs. Direct Director or of Lands, Lands, (G.R. (G.R. No. 1329 13298 8 November 19, 1918) 8) Ankron Ankron vs. vs. Govern Government ment of the the Philipp Philippine ine Islan Islands ds (G.R. (G.R. No. No. 14213. August 23, 1919)

II.

Land Cl Classification

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A. Definition

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B. Laws Laws Rela Relati ting ng to to Lan Land d Clas Classi sific ficat atio ion n

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C. Rule Rules s on Land Land Clas Classi sific ficat atio ion n

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1.

Classificat Classification ion descr describes ibes the legal nature nature not not the the natur natural al state state of the the land 19

2.

Executive Executive Departmen Departmentt determ determines ines land class classificat ification ion (CA No. 141 141 and and PD No. 705) 19

3.

Congress Congress has the power power to reclassif reclassify y of land (Section (Section 4 of Repub Republic lic Act No. 6657) 19

4.

Congre Congress ss will will dete determi rmine ne the final final ffore orest st line line

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5.

Dispos Dispositi ition on of publ public ic lands lands limite limited d to agric agricult ultura urall lands; lands;

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D. Clas Classi sific ficat atio ion n of La Lands nds

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1. Criter Criteria ia in Land Land Classi Classifica ficatio tion n

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2.

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Land Lands s of of the the Publ Public ic Doma Domain in

3. Agri Agricu cult ltur ural al lan lands ds..

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4. Fores orestt Land and

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5. Mi Mine nera rall Land Lands s

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6. Nati Nation onal al Pa Park rks s

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CASES: Agencies Involved 9) DOJ Opin Opinion ion No. No. 23, 23, Series Series of of 1995. 1995. 10) DENR vs Yap (G.R. No. 167707, October 08, 2008) Agricultural Lands

Agricultural Land 11)de Aldecoa vs Insular Government (G.R. No. 3894. March 12, Page 2 of 51


6)

Govern Government ment of of the Phil Philipp ippine ine Islan Islands ds vs. Abella Abella (49 (49 Phil. Phil. 49)

7) Corneli Cornelio o Ramos Ramos vs. vs. Direct Director or of Lands, Lands, (G.R. (G.R. No. 1329 13298 8 November 19, 1918) 8) Ankron Ankron vs. vs. Govern Government ment of the the Philipp Philippine ine Islan Islands ds (G.R. (G.R. No. No. 14213. August 23, 1919)

II.

Land Cl Classification

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A. Definition

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B. Laws Laws Rela Relati ting ng to to Lan Land d Clas Classi sific ficat atio ion n

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C. Rule Rules s on Land Land Clas Classi sific ficat atio ion n

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1.

Classificat Classification ion descr describes ibes the legal nature nature not not the the natur natural al state state of the the land 19

2.

Executive Executive Departmen Departmentt determ determines ines land class classificat ification ion (CA No. 141 141 and and PD No. 705) 19

3.

Congress Congress has the power power to reclassif reclassify y of land (Section (Section 4 of Repub Republic lic Act No. 6657) 19

4.

Congre Congress ss will will dete determi rmine ne the final final ffore orest st line line

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5.

Dispos Dispositi ition on of publ public ic lands lands limite limited d to agric agricult ultura urall lands; lands;

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D. Clas Classi sific ficat atio ion n of La Lands nds

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1. Criter Criteria ia in Land Land Classi Classifica ficatio tion n

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2.

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Land Lands s of of the the Publ Public ic Doma Domain in

3. Agri Agricu cult ltur ural al lan lands ds..

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4. Fores orestt Land and

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5. Mi Mine nera rall Land Lands s

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6. Nati Nation onal al Pa Park rks s

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CASES: Agencies Involved 9) DOJ Opin Opinion ion No. No. 23, 23, Series Series of of 1995. 1995. 10) DENR vs Yap (G.R. No. 167707, October 08, 2008) Agricultural Lands

Agricultural Land 11)de Aldecoa vs Insular Government (G.R. No. 3894. March 12, Page 2 of 51


1909) 12) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947)

Mineral Lands 13) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929) 15) Republic Republic vs. Court Court of Appeals and and dela Rosa Rosa (GR No. L-43938, April 15, 1988)

Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.” 16) Mateo Cariño Cariño vs. vs. Insular Insular Government Government (212 US 449) 17) Cruz vs. vs. DENR Secretary Secretary (G.R. No. No. 135385, 135385, December December 6, 2000)

Survey Error 18) Republic Republic vs. Peralta, Peralta, et al., al., En Banc (G.R. No. No. 150327, June June 18, 2003)

Lands declared by the courts as agricultural lands prior to the introduction of land classification; 22 19) Sta. Monica Monica Industrial Industrial and and Development Development Corporatio Corporation n vs. Court of Appeals (189 SCRA 792) 20) Republic Republic of the Philippi Philippines nes vs. Court Court of Appeals, Appeals, En En Banc (G.R. No. 127245.January 30, 2001) 21) Director Director of Forestry Forestry vs. Villareal Villareal (G.R. (G.R. No. L-32266 L-32266 February February 27, 1989)

Lands already registered by the Court as Private Lands 21) Republic Republic vs. Court of of Appeals Appeals (G.R. No. No. 155450, August 6, 2008) d)

Bureaucratic Constraints Constraints in Classification of Lands 22) Republic Republic of the Philippi Philippines nes vs. Court Court of Appeals, Appeals, En En Banc (G.R. No. 127245.January 30, 2001)

III.. Identi III Identifyi fying ng Lands Lands - Survey Survey and Mappin Mapping g

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A. Basi Basic c Conce Concept pts s in Land Land Sur Surve veys ys and and Mapp Mapping ing

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1.

Land Survey

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2.

Survey Maps

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3.

General Us Uses:

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4.

Use Use for for Pro Prope pert rty y Ide Ident ntifi ifica cati tion on

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B. Govern Governmen mentt Agen Agencie cies s with with Land Surv Survey ey and and Mapping Mapping Func Function tions s 24 1.

Depart Departmen mentt of Enviro Environme nment nt and Natura Naturall Resour Resources ces

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2.

Nation National al Mappin Mapping g and Resou Resource rce Infor Informat mation ion Agency Agency (NAMR (NAMRIA) IA)

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3.

Land Land Reg Regis istr trat atio ion n Aut Autho hori rity ty (LR (LRA) A)

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4.

Local Go Governments

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C. System System of Land Land Survey Survey and Mappin Mapping g in the Philipp Philippine ines s

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1.

Person Persons s Author Authorize ized d to to Cond Conduct uct Land Land Surve Surveys ys

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2.

Defin Definin ing g Lega Legall Bou Bound ndar arie ies s

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3.

Surv Survey ey Auth Author orit ity y and and Surv Survey ey Ord Order er

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4.

Cada Cadast stra rall and and Isol Isolat ated ed Surv Survey eys s

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5.

Narr Narrat ativ ive e Tec Techn hnic ical al Desc Descri ript ptio ions ns

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6.

Cour Courtt Dete Determ rmin inat atio ion n of Land Land Bou Bound ndar arie ies s

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7.

Surv Survey ey Ma Maps ps and and Reco Record rds s

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CASES: 23) Case #1 24) Case #2 25) Case #3

IV.. Modes IV Modes of of Acquir Acquiring ing Title Title to Publ Public ic Land Lands s A. Owners Ownership hip of land land must must be trace traced d to a gove governm rnment ent land land gran grant t

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1. Direct Direct Grants Grants (Homeste (Homestead, ad, Sales, Sales, Free Patent) Patent)

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2. Indirect Indirect Grants Grants (Prescri (Prescription ption,, Accretion Accretion and Accession) Accession)

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3. Land Land Grant Grants s Exclud Excludes es M Mine ineral rals s

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B. Genera Generall Conditio Conditions ns Neces Necessar sary y for the the Issuan Issuance ce of a Land Land Paten Patentt (Direct Grant) 34 1. Alienab Alienable le and and Dispos Disposabl able e Lands Lands

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2. Survey Surveyed ed and Deline Delineate ated d

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3. Not for Public Public or Quasi-Publi Quasi-Public c Use or Appropr Appropriated iated by the the Government. Government. Page 4 of 51


34 4. Not Not priv privat ate e land lands s

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5.

Restricti Restrictions ons and limitation limitations s on on Trans Transfers fers of Land Patents Patents

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6.

Area Area limit limitati ation on unde underr the the Const Constitu itutio tion n and and the the law law

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6.

Qual Qualifi ifica cati tion on of Appl Applic ican antt

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C. Publ Public ic Land Land Gra Grant nts s in Agri Agricu cult ltur ural al Lands Lands

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1. Homestead Homestead - Title Title II, Chapter Chapter III, III, Sections Sections 12 to 21 of Commonw Commonwealth ealth Act No. 141 36 2. Sales - Title Title II, Chapter Chapter IV, IV, Sections Sections 22 to 32 of Commonwealth Commonwealth Act No. 141; 36 3. Lease - Title Title II, Chapter Chapter V, V, Sections Sections 33 to 43 of Commonwealth Commonwealth Act No. 141; 36 4. Free Patent Patent - Title Title II, Chapter Chapter VI, VI, Sections Sections 44 to 46 of Commonw Commonwealth ealth Act No. 141. 36

D. Public Land Land Grants Grants In Residential, Residential, Commerci Commercial, al, Industrial Industrial Lands Lands 37 1. Sales - under under Title Title III, Chapter Chapter VIII, VIII, Sections Sections 60 to 68 68 of Commonwea Commonwealth lth Act No 141; 37 2. Republic Republic Act Act No. 730 (1952) (1952) - Direct Direct sale sale of residenti residential al lands subject subject to to conditions 37 3. Batas Pambansa Pambansa Bilang Bilang 223 (1982) (1982) - limited limited residen residential tial free free paten patentt

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4. Republic Republic Act No. 1002 10023 3 (2010) (2010) - Residenti Residential al Free Patent Patent Law

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D. Restri Restricti ctions ons on Patent Patents s

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1. On Tran Transfe sfers rs and and Conve Conveyan yances ces

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2. Easeme Easements nts and Servit Servitude udes s

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E. Title Obtained Obtained by Operatio Operations ns of Law (Section (Section 14, PD PD No. 1529) 1529) 38 1. Genera Generall Consid Considera eratio tions ns

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2. Concept Concept of Adverse Adverse Possessio Possession n & Prescripti Prescription on

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CASES: 26) Case #1 How to Prove that the Land is A and D Land Certification of CENRO, Surveyor Page 5 of 51

Atty. Erwin L. Tiamson Discussion Guide Land Title and Deeds

27) Case #2 Republic vs. de Guzman, 326 SCRA 574 (old view) Alienable and Disposable vs. Time of Application for Registration 28) Case #3 (New View)

F. Section 14, Paragraph (a) Open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier; 39 CASES: 29) Case #1 30) Case #2 31) Case #3

G. Section 14, Paragraph (b) - Those who have acquired ownership of private lands by prescription under the provision of existing laws; 40 CASES: 32) Republic of the Philippines vs. East Silverland Realty Development Corporation; G.R. No. 186961, February 20, 2012; 33) Tan, et al. vs. Republic of the Philippines, G.R. No. 193443, April 16, 2012.

H. Section 14, Paragraph (c) - Right of accession or accretion;

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CASES: 34) Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908 35)Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984; 36) Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453 37) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962

I. Section 14, Paragraph (d) - Those who have acquired ownership of land in any other manner provided for by law. 41 J. Title issued under CARP (Republic Act No. 6657, as amended by Republic Act No. 9700)

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1. Coverage

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2. Exemptions and Exclusions. (Section 10, RA No. 6657)

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3. Retention Limits Land Area

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4. Ceiling of Award to Beneficiaries

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5. Transferability of Awarded Lands

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6. Repurchase

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7. Collective Titles

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K. Title issued under IPRA Law

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1. Identification and delineation of Ancestral Domain

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2. Issuance of Ancestral Domain Certificate of Title

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3. Ancestral Domain and the Regalian Doctrine (Cruz vs. DENR Secretary) 42

VI. Procedure and Processes A. Public Land Applications

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1. General Rules

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2. Processes and procedure are governed by administrative orders, circulars and manuals; below is a summary of the process:

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CASES: (39) Case #1 DENR as Quasi-Judicial Office in adjudicating public land applications (40) Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706) (41) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934; (42) Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No. L-5622, December 29, 1952); (43) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)

B. Confirmation of Imperfect Title 1. General Rules

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2. Ordinary Registration Procedure (See Section 14 to 30 PD No. 1529) 46 3. Cadastral Registration Proceedings (Sections 35-38 of PD No. 1529) 48 CASES: (45) Case #1 Page 7 of 51


(46) Case #2 (47) Case #3

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I.

Land as Property

A. Basic Principles in Land Ownership There are two basic principle that underpin land ownership in the Philippines. The first is State ownership under the concept of the Regalian Doctrine. The second is the right to private ownership. The first principle in our land laws is the Regalian Doctrine, which holds that all lands belong to the State and only by a grant from the State can land pass into private ownership. Thus under the Constitution, all lands of public dominion and all other natural resources are owned by the State and all lands not otherwise clearly appearing to be privately owned are presumed to belong to the State, which is the source of any asserted rights to ownership of land. Under this concept, private title to lands must be traced to some grant, express or implied, from the State. This finds expression in Section 2, Article XII of the 1987 Constitution (National Economy and Patrimony) and likewise incorporated under Book 2, Title 1, Chapter 3 of the New Civil Code. The second principle is the principle of private ownership. It includes not only the right to use and enjoyment, but also the right to exclude others, including the State, from the land. This right is protected under the Constitution and under the law that gives land owners absolute control and exclusive rights on the basis of legal, state-conferred ownership, subject only to certain limitation on police power (land use and environmental protection) and eminent domain.

B. System of Land Ownership Systems of land ownership or land tenure are the modes of holding or occupying land. In the Philippines, land tenure can be generally divided into public and private lands.

1. Public Domain Lands are lands that are owned by the State. These are referred to as lands of the Public Domain. It includes lands that are intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads and others of similar character, and lands that are intended for some public purpose. Forest and mineral lands and national parks are all lands of the public domain and no private ownership is allowed in this type of lands. Lands that are held by the State in its private capacity are called patrimonial properties.

2. Private Lands are those lands that are owned by private persons. Private lands are originally acquired from the State by qualified private persons (original disposition). Once acquired, it becomes private property and it can be transferred by the owner to any person who is allowed by the law to acquire lands. Private land ownership is limited to A and D lands and is primarily governed by the following laws: Page 10 of 51

Atty. Erwin L. Tiamson Discussion Guide Land Title and Deeds !

The Constitution

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New Civil Code of the Philippines

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Public Land Laws

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Property Registration Decree

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Agrarian Reform Laws

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Ancestral Domain Law

C. Land Administration Land administration can be likened to accounting and bookkeeping, except that instead of money, it is land that is being inventoried, accounted and booked. Land is inventoried, accounted and booked through land survey - by dividing it into parcels or lots for easy identification. The corresponding ownership or interest over these parcels is also accounted and in some instances, awarded and adjudicated to the owner. The ownership in each of these parcels are thereafter registered in the Register of Deeds. The lands so identified, adjudicated and registered become “titled lands” whose ownership are considered as “indefeasible” or certain. Thus, land administration systems are not primarily concerned with general data on land but are concerned more with detailed information of each land parcel within its jurisdiction. A good land administration system should have the following components to be effective: Survey and Mapping - where land boundaries are identified and land parcels are created;

! Land

! Land Adjudication -

where interests on land are identified and ownership resolved;

Registration - where land titles are created and interest on land registered in a public registry; and

! Land

! Cadastre

- is normally a parcel based and up-to-date land information system containing a record of interests in land (i.e. rights, restrictions and responsibilities).

The central component of an effective land administration system is the cadastre where records on land survey, adjudication and registration are integrated. It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, ownership or control of those interests, and often the value of the parcel and its improvements. It may be established for fiscal purposes (e.g. valuation and taxation), for titling/legal purposes (transfers of land), for management of land and land use (e.g. for planning and other administrative purposes), and for sustainable development and environmental protection. The “tax map” and “tax roll” of the LGUs in the Philippines is an example of a fiscal cadaster. The “tax map” is usually based from the “cadastral survey” of the area conducted for titling purposes. Land administration provides for an immediate means of identifying with certainty and accuracy the ownership and interest in a land. This information can only be provided by an efficient land administration based on a modern and efficient system that will: Page 11 of 51

Atty. Erwin L. Tiamson Discussion Guide Land Title and Deeds !

Guarantee ownership and security of tenure;

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Support the land market by facilitating recording of interest and transfers of ownership;

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Support land and property taxation;

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Reduce land disputes;

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Facilitate land reform;

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Improve urban planning and infrastructure development;

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Support environmental management; and

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Produce statistical data.

D. Government Agencies Involved in Land Administration The primary land administration functions of land surveying and mapping, land titling and land registration are performed by different government agencies. The duties and responsibilities of the officials and employees of these agencies are prescribed by laws, rules and regulations, including the specific procedure that has to be followed in the conduct of the land administration activities. Below are the national agencies with major land administration functions. These agencies are involved directly in activities on surveying and mapping, titling and registration of lands: !

Department of Environment and Natural Resources (DENR) is the main agency involved in land classification, land surveys and titling of public land. It issues land patents in the form of homestead, sales and free patents as well as land leases and other permits on public agricultural lands. (Commonwealth Act No. 141, Public Land Act, 1936, see http://www.denr.gov.ph);

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Land Registration Authority (LRA) assists court in tilting of private lands (original and cadastral land registration proceeding), decides questions regarding registration of instruments, approves simple subdivisions of registered lands and exercise supervision over the Registers of Deeds (RDs). (Presidential Decree (P.D.) No. 1529, Property Registration Decree, 1978, see http://www.lra.gov.ph);

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Registrars’ of Deeds registers patents, Certificate of Land Ownership Awards, Certificate of Ancestral Domain Titles/Claims (CADT/C) issued by DENR, the Department of Agrarian Reform, National Commission on Indigenous People

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respectively and the judicial decrees issued by LRA. It is also responsible for the registration of subsequent voluntary and involuntary transactions on registered lands. (P.D. No. 1529, Property Registration Decree, 1978);

E.

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Department of Agrarian Reform (DAR) is responsible for the agrarian reform program of the government. It issues agrarian reform land grants in the form of Emancipation Patents and Certificate of Land Ownership Awards that are registered by the Registrar of Deeds. (Republic Act No. 6657/9700, Comprehensive Agrarian Reform Law (CARL), 1988, see http://www.dar.gov.ph);

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National Commission on Indigenous People (NCIP) resolves issues on ancestral lands. It undertakes delineation of ancestral domain land (self-delineation) and issues CADT/Cs that are registered by the Registrar of Deeds. (Republic Act No. 8371, The Indigenous Peoples’ Rights Act, 1997, see http://www.ncip.gov.ph)

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The Courts (Judiciary) hear and adjudicate private claims on lands of the public domain. Court judgment is the basis of LRA in the issuance of Decrees that are registered by the Registrar of Deeds. (Batas Pambansa Bilang 129, Judiciary Re- organization Act, 1980 and P.D. No. 1529, Property Registration Decree, 1978)

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Local Government Units (LGUs) issue tax declarations, prepare tax maps, zoning ordinances, conversions of lands and perform other land management functions. (Republic Act No. 7160, The Local Government Code, 1990)

Land Titles and Land Registration Every land administration system should include some form of land registration component for the recording of rights and interest on land. In some countries, this information is guaranteed by the State, an example of which is the Torrens system of land registration that originated from Australia. The information regarding ownership is usually contained in a cadastre or a parcel based inventory of land with ownership/ interest attributes for each parcel. Land registration provides for a safe and certain foundation for the acquisition, enjoyment and disposal of such rights in land.

1. Title as Naked Right of Ownership As discussed earlier, we say that the source of all title to lands is the State. Lands that are held by private persons are originally acquired from the State through land grants, direct (patents) or indirect (by operations of law). Once the land has been granted, it becomes private and the land becomes segregated from the lands of the public domain. Thereafter, said land becomes the absolute property of the private owner to the exclusion of everyone, including the State. As private property, the owner can exclude anyone, use and occupy the land, and transfer complete ownership or allow its use by some other persons with minimal interference from the State. In the strict legal sense, this ownership is referred to as a “title”. It means the lawful cause or ground of control and enjoyment of land.

2. Titled Land as Registered Land We tend to use the word “titled land” differently from the legal sense of these words. We use “titled land” in the colloquial to mean that a land has been registered in the Register Page 13 of 51


of Deeds and covered by the Torrens System. Thus, the significance of the word “titled land” and its opposite “untitled land”, does not lie on the bare ownership of the land (the legal meaning) but on the fact of whether or not “such ownership on the land has been registered” at the Register of Deeds. In short, when we use the word titled land, what we really mean is registered land.

3. Untitled Land as Unregistered Land We use the word “untitled land”, on the other hand, to mean private lands that is not registered in the Register of Deeds and not covered by the Torrens System. When we use the word untitled land, we refer to bare ownership of land or ownership that has not been adjudicated either judicially or administratively and registered as Torrens title under P.D. No. 1529. The land has already been acquired by operation of law and is now private land although its final adjudication for purposes of Torrens registration is still suspended. This ordinary meaning of the word “untitled land” has been used in the same ordinary sense by some land agencies as well. For example, Untitled Private Agricultural Lands (UPAL) are used by the DENR and DAR to mean lands that have been considered as private lands already by operation of law but said private ownership is not registered with the Register of Deeds. Although UPALs are unregistered land, the DAR pays the owner/claimant compensation when such land is covered and distributed. The most common evidence of ownership on this type of tenure is the tax declaration that is filed by land owners in the Assessor's Office of Local Governments for purposes of real property tax assessment and payment.

II.

Background Land Titles and Registration in the Philippines

A. Pre-Spanish Concept of Land Ownership OD Corpuz (1997), Economic History of the Philippines, UP Press "Land tenure was defined. In the Barangay system, house lots were owned by occupant families. Back of the houses were the family fields, in parcel or strips, much like the strip fields in many villages in Western Europe. The most valuable is the tubigan or watered land, which indicates that the basic crop was rice" "The institution of private property in land contradicts modern assertion that all Barangay land was owned in common. Traditions and customs vested ownership in the family. The family land can be transferred via inheritance, purchase or barter and could be pledge as security for debts. Inheritance is not governed by rules of primogeniture common in many European cultures; the children inherits in equal parts." "According to Morga, lands such as fields, nipa palm groves and wooded properties are barter items among natives. Land transfers also occurred via non-payment of debts." "In addition to the family residential lots and stip fields, the land system includes an undivided tract of land owned by the Barangay as a the community. This tract generally Page 14 of 51


covered the adjoining wood or forest, slopes, tinges, and fertile uplands, fishing areas

and in coastal sites, mangroves and swamp lands. It must be noted that this institution of commonly owned tracks approximated the contemporary European institution of the village common."

B. Spanish Period 1.

Ownership of Lands by Discovery All lands in the Philippines were acquired by the Spanish crown through discovery.

CASES:

2.

1.

Johnson v. M’Intosh 21 U.S. (8 Wheat.) 543 (1823)

2.

Cariño v. Insular Government of the Philippines

3.

Cruz v. DENR Secretary

Land Titles Issued during the Spanish Period

Private property ownership on land was introduced through land grants from the Spanish crown to settlers and to indigenous population by way of royal grants, sale and possessory titles. Modern legislations on land - Royal Decree of February 13, 1894 - Various laws on land disposition was codified under the Royal Decree of February 13, 1894 providing for the rules on sale, compromise and prescription on crown lands. Possessors of alienable public lands under cultivation who have not obtained nor applied for adjustment (composicion con el estado) on the date of such decree may still obtain a gratuitous title to the land by means of a possessory information upon establishing the existence of any of the following conditions: (1) continuous cultivation of the land during the preceding 6 years; (2) possession of the land for 12 consecutive years and cultivation of the same during the preceding 3 years; or (3) open and continuous possession for at least 30 years in case the land has not been under cultivation. A system of land registration was introduced known as “Ley Hipoticaria” or Mortgage Law, the last of which was in 1894 (The Spanish Mortgage Law). These are the land titles issued under the Spanish Period.

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a. Titulo Real Title to land granted generally to Spanish subjects in order to encourage them to settle and go out to the people of the new territory are called titulo real. (Law 1 and 3, Title 13, Book 4, Recopilacion de las Leyes de las Indias)

b. Concession Especial This is a form of acquiring title to land accomplished through the exercise of a special power by the Governor-General of the Philippines without any authority of a special law. (Law II, Title 15, Book 2 of the Law of the Indies)

c. Titulo de Composicion con el estado By these titles, unlawful entries and detainer of lands by private individuals who extended their possessions beyond the original grants were legalized under certain conditions. This was conceived as a means of compromise between the Crown as the owner of the land and the private individual as the usurper. These titles were then evidences of absolute ownership but may likewise be lost by prescription. The titles were granted by the Spanish Government through the Direccion General de Administracion Civil, pursuant to the provision of the Royal Decree of 25 June 1880; that granted by the Chief of the Province by delegation pursuant to the provisions of Royal Decree of 31 August 1888; and that granted also under the Royal Decree of 13 February 1894.

d. Titulo de Compra This is acquired in accordance with the regulations for the sale of public lands in the Philippines approved by the Royal Decree of January 26,1889. Under the regulations, the application to purchase must be published in the Gazetta de Manila setting forth the description of the land and giving 60 days in which anyone can present his objection to the same. A similar notice in the dialect was required to be posted in the municipal building of the town in which the property was situated, besides making it public by the town crier. The sale was conducted at public auction and awarded to the highest bidder and covered not only vacant lands but also public lands occupied without title.

e. Informacion Possesoria Ley Hipotecaria - The informacion posesoria proceedings under the provisions of the Mortgage Law made effective in the Philippines on December 1, 1889 were available to those who had claim to lands to have their possession recorded in the Registry of Deeds. Under Article 393 of the Spanish Mortgage Law, the registered possessory information proceedings do not ripen into ownership except under certain conditions such as: (a) that an applicant has been in open possession of the land; (b) that an application to this effect has been filed after the expiration of twenty (20) years from the date of such registration; (c) that such conversion be announced by means of a proclamation in a proper official bulletin; (d) that there is a court order for the conversion of the registration of possession into a record of ownership; and (e) that the Register of Deeds make the proper record thereof in the Registry Page 16 of 51


But such recorded possessory information proceedings did not ripen into ownership except under certain conditions, the most important of which was the expiration of 20 years after the entry or record in the Registry of Deeds of the possessory information proceedings. And under Article 394 of the Mortgage Law, the entry or record of possession in the Registry of Deeds did not prejudice the owners of the property although his title had not been recorded, unless prescription had confirmed and secured the claim recorded (Santiago, et al. vs. J.M. Tuazon & Co., Inc., 110 Phil. 16 [1960])

3.

Spanish Mortgaged Law !

Introduced by the Spanish, also known as the Ley Hipotecaria or “law on mortgage”

!

This is a land registration system, meaning it is not limited to registration of mortgages but also includes transfers and other dealings on lands.

!

This is the predecessor of the torrens system of land registration.

!

This system was founded on titles issued during the Spanish regime that were registered under the mortgage law.

!

The latest version of this law was implemented in the Philippines in 1894 as part of the three “provincias de ultramar" with a uniform mortgage law for them—the Ley Hipotecaria de Ultramar, also known as Ley Maura, after Don Antonio Maura y Montaner, then Ministro de Ultramar.

!

The system co-existed with the Torrens System of Land Registration Act No. 926 (An Act to Provide with the Adjudication and Registration of Lands in the Philippines, 1902).

!

It was discontinued in 1977 (PD No. 892, Discontinuance of the Spanish Mortgage System of Land Registration and of the Use of Spanish Titles as Evidence in Land Registration Proceedings)

C. American Period 1. Treaty of Paris of 1898 Between the U.S. and Spain !

All properties of the Spanish crown were transferred to the United States

!

It excludes private lands or lands that were already given by the Spanish Crown in favor to private persons

!

Two types of land ownership Lands of the public domain (all lands that belongs to the Spanish Crown) and private lands.

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What can a holder of a land title registered under the Spanish Mortgage do during the American era? A holder of a Spanish Title registered under the Spanish Mortgage Law may continue to use the system in his land dealings or he may have the land registered anew under Act No. 926 under the Torrens System. If he opted for Act No. 926, he has to file a land registration case with the land registration court.


2. Philippine Bill of 1902 (First Constitution) !

Provides for the rules on disposition of lands of the public domain.

!

Introduction of two modes of acquiring titles to land.

!

Public land grants - homestead, sales, free patents;

!

Confirmation of Titles - imperfect titles from the Spanish and title by prescriptions (by operations of law)

!

Resulted to the enactment of 2 laws

a.

Act No. 496 (Land Registration Law)

Provided for the registration of private lands in “fee simple” (Section 19) or those lands that are already disposed by the crown as private lands, completed title.

b.

Act No. 926 (Public Land Act)

Provided for the rules on disposition of public lands (undisposed crown lands) through sales, homestead, and free patent; provides for the rules on confirmation of imperfect spanish grants and possessory titles (by prescription) CASES:

II.

4)

Jones vs. Insular Government (6 Phil.122)

5)

Mapa vs. Insular Government (10 Phil.,1753, 1908)

6)

Government of the Philippine Islands vs. Abella (49 Phil. 49)

7)

Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)

8)

Ankron vs. Government of the Philippine Islands (G.R. No. 14213. August 23, 1919)

Land Classification

A. Definition Land classification pertains to “classification of lands of the public domain as a natural resources” in relation to the tenurial rights that the state gives to grantees, holders and possessors of such land.

B. Laws Relating to Land Classification 1987 Constitution Article XII, Sections 2 and 3 providers for the classes of lands of the public domain - Agricultural, Forest, Mineral and National Park. These lands are governed by the following laws:

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C. Rules on Land Classification 1.

Classification describes the legal nature not the natural state of the land

2.

Executive Department determines land classification (CA No. 141 and PD No. 705)

3.

Congress has the power to reclassify of land (Section 4 of Republic Act No. 6657)

4.

Congress will determine the final forest line

5.

Disposition of public lands limited to agricultural lands; !

Only to Filipino citizens; corporations cannot receive a public land grant except by way of lease (not more than 1,000 hectares)

!

Limit is 12 hectares by way of homestead, sales and grants

!

Previously 16 hectares (Phil. Bill of 1902); 24 hectares in 1935 Constitution; 12 hectares under the 1987 Constitution

D. Classification of Lands 1. Criteria in Land Classification !

Chapter II of PD No. 1529

!

DENR study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain.

!

Through an Inter-Bureau action DENR Sectoral Bureaus on Lands (LMB), Forestry (FMB), Mines (MGB) and Protected area (PAWB)

!

The Land Classification Teams of the forest bureau was transferred to NAMRIA under EO No. 192 in 1987.

!

Topography 18% in slope unless covered by existing titles or approved public land application or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty years (30)

!

Areas below 18% but are needed for forest purposes (see enumeration in Section 16 of PD No. 1529

!

Marking of forest boundaries

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Executive Order No. 192 (June 10, 1987) created the National Mapping and Resource Information Authority (NAMRIA), integrating into it the functions and powers of the Natural Resources and Management Center (NRMC), the National Cartography Authority (NCA), the Bureau of Coast and Geodetic Survey (BCGS), and the Land Classification Teams of the then Bureau of Forest Development (transformed into a Forest Management Bureau performing staff functions).


2.

Lands of the Public Domain Used to describe so much of the lands in the Philippines that has not been subjected to private rights. Public lands are also used in a limited sense to describe such lands as are subject to sale or other modes of acquisition or concession under the public land laws. 1987 CONSTITUTION, ARTICLE XII, SECTION 3. !

Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks.

!

Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted.

!

Alienable lands of the public domain shall be limited to agricultural lands.

!

Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.

!

Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve (12) hectares thereof by purchase, homestead, or grant.

3. Agricultural lands. !

Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.

!

Suitability for agricultural use is the criteria;

!

Before the court can make a determination of what are considered as agricultural lands;

!

Agricultural Lands are further sub classified as residential, commercial, industrial, etc. under Section 9 of the Public Land Act.

4. Forest Land Forest lands include the public forest, the Definition of Forest Land permanent forest or forest reserves, and forest reservations. (a) Public Forest - Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. (b) Permanent Forest or Forest Reserves - Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. Page 20 of 51


(c) Forest Reservations - Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. (d) Production Forest - forest stands tended primarily for the production of timber. This includes natural and man-made forests.

5. Mineral Lands (a) Definition of Minerals - Minerals, for legal purposes, refers to all naturally occurring inorganic substance in solid, gas, liquid or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy. (b) Definition of Mineral Lands under the old Mining Act (CA No. 137) - those lands in which minerals exist in sufficient quantity or quality to justify the necessary expenditures to be incurred in extracting and utilizing such minerals (c) Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA No. 7932) - any area where mineral resources are found (d) In relation to land titles - A certificate of title is considered void when it covers property of public domain classified as mineral lands because possession of mineral lands, no matter how long does not confer possessory rights.

6. National Parks !

New Class - It was introduced only in the 1987 Constitution as a distinct and separate class of lands. National parks as a classification is implemented under Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment and Management of National Integrated Protected Areas System, Defining its Scope and Coverage for other Purposes)

!

Definition - a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. It is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use. (Section 4 par. (a) of RA No. 7586)

CASES: Agencies Involved 9) DOJ Opinion No. 23, Series of 1995. 10) DENR vs Yap (G.R. No. 167707, October 08, 2008) Agricultural Lands Agricultural Land 11) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909) Page 21 of 51


12) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947) Mineral Lands 13) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929) 15) Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988) Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.” 16) Mateo Cariño vs. Insular Government (212 US 449) 17) Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000) Survey Error 18) Republic vs. Peralta, et al., En Banc (G.R. No. 150327, June 18, 2003) Lands declared by the courts as agricultural lands prior to the introduction of land classification; 19) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792) 20) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001) 21) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989) Lands already registered by the Court as Private Lands 21) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) Bureaucratic Constraints in Classification of Lands 22) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001)

III. Identifying Lands - Survey and Mapping A. Basic Concepts in Land Surveys and Mapping The first activity in land administration is surveying and mapping. The activity is intended to create land parcels. Land parcels are the basic unit of real property and the starting point in the determination of the identity of the land by describing its location, boundaries, area, physical description, and in certain kind of surveys, the tenure claims existing at the time of the survey.

1.

Land Survey

Land surveying is the process of measuring and delineating the natural and artificial features of the earth. The surveyor’s observations, measurements and computations are usually reduced into maps that are drawn from the survey data gathered. Maps are visual representations or descriptions of the land; measured and delineated with a Page 22 of 51


certain degree of precision and show the relationships between physical elements of that space through symbols (Cadastral Survey and Records of Rights, Binns 1951) FAO Land Tenure Studies)

2.

Survey Maps

A well-drawn map is an accurate scale model of the surface of the land which when presented in two dimensions at a sufficiently large scale, can be used to indicate any point on the land with accuracy (Binns, 1951). The large/small terminology arose from the practice of writing scales as numerical fractions: 1/10,000 is larger than 1/10,000,000. However, it is important to recognize that even the most accurate maps sacrifice a certain amount of accuracy in scale to deliver greater visual usefulness to its user. Digitally and cartographically-enhanced large-scale topographic maps (1:10,000 scale) provide more detailed information on administrative boundaries, drainage systems, existing infrastructure, major establishments, road networks, topography, vegetation, and other economic indicators, showing the present development in the area at barangay level. Similarly, medium and small scale maps (1:50,000 and 1:250,000 scale) are support tools for applications at municipal and provincial levels. Administrative maps indicate political boundaries of provinces and regions of the country. (NAMRIA)

3.

General Uses:

The measurements and delineations of land, when recorded in the form of maps either on paper or within a computer, can be the basis of an accurate inventory of land resources. In the Philippines, an accurate inventory of land and its legal classification is important since only certain types or kinds of public lands can be subject to disposition, private ownership, registration and titling. An example of this type of map used for inventory of natural resources are the Land Classification Maps (LC Maps) of the DENR that show the delineation between alienable and disposable (A and D) lands and those that are not subject to disposition. LC Maps are generated from forest delineation surveys that mark the boundaries of agricultural lands and the non-disposable forest/ mineral lands and national parks. These maps are kept by NAMRIA that has the mandate to conduct delineation surveys under Executive Order (E.O.) No. 192. ! Inventory of land parcels with its boundaries; ! Inventory and full and accurate knowledge of natural resources of the land; ! Best means of obtaining, recording and analyzing such knowledge resulting to better land classification and land use planning; ! Necessary for planned development of natural resources, town planning schemes, orderly development of industries and systems of communication; ! Enable land transactions to be effected safely, quickly and cheaply; ! The cadastral maps and corresponding index maps can be conveniently used as a BASE MAP for the recording of any information which requires maps of these scales. Cadastral maps greatly assist every branch of the public service connected with land, (e.g. taxation, irrigation, drainage, flood control, etc.) making them more efficient; Page 23 of 51


! Besides the economic, fiscal, agrarian, scientific and administrative uses, there is a growing demand for maps and plans of all kinds for recreational purposes, for air travel, for the use of tourists in connection with historical, archeological or artistic studies, for commercial and industrial purposes and for educational purposes; and

4.

Use for Property Identification

To a private land owner, the fact that the land is properly mapped and that rights are clearly registered is of the greatest benefit since it provides security of tenure, minimizes disputes and litigation, and provides better access to credit. An accurate and large-scale map is the only sound basis for a record of rights, privileges, duties and responsibilities to land. No system of registration of rights can be effective and no system of land taxation can be just and efficient without a description which enables the land affected to be identified with certainty on the ground, and no such identification can be regarded as certain without a suitable map to which the description can be referred. Examples of this type of maps are the cadastral maps, cadastral index maps, tax maps, subdivision maps, etc. Cadastral maps and other property survey maps are kept by the DENR while subdivision maps of registered properties subdivided by the Authority are kept by LRA. Tax maps are kept by the Local Assessor’s Office.

B. Government Agencies with Land Survey and Mapping Functions DENR is the primary agency that exercises direct control and supervision over survey of lands in the Philippines (Section 4, CA No. 141). Such control is done through the issuance of Survey Standards - Issues manuals and technical bulletins, that surveyor’s has to follow in measuring and describing the boundaries of the land. The DENR also has direct supervision of the conduct of all surveys through inspection, verification and approval of surveys that are required to be submitted under the provisions of CA No. 141 and PD No. 1529. The LRA has concurrent jurisdiction to approve simple subdivision of registered lands (Section 6 Par. 1 (f) of PD No. 1529). However, there are other government agencies that has survey functions too. Below are these agencies and their functions.

1.

Department of Environment and Natural Resources The primary agency in-charge with the survey of lands in the Philippines. Its mandate includes:

! Issuance of Rules and Regulations that will govern the conduct of surveys in the Philippines (Land Management Bureau (LMB)); ! Conduct of actual surveys on lands of the public domain; ! Conduct of administrative boundary surveys (i.e. political boundaries); ! Inspection, verification and approval of all original surveys on untitled A and D lands (DENR Regional Officer) such as Isolated Land Surveys and Cadastral Surveys; ! Inspection, verification and approval of all subdivision and consolidation on untitled A and D lands; and Page 24 of 51


! Inspection, verification and approval of simple survey plans (the resulting lots is not more than 9 and without road lots); and ! Inspection, verification and approval complex Survey Plans (the resulting subdivision is more than 9 lots or less than 9 lots if the subdivision will create road lot/s).

2.

National Mapping and Resource Information Agency (NAMRIA)

NAMRIA, an agency attached to the DENR, is the principal mapping agency of the government and is responsible for the production of thematic maps at various scales in support of the government’s development planning, environmental management, and multi-hazard mapping, among other programs. It is mandated to establish and maintain the Philippine Reference System of 1992. NAMRIA also conducts forest delineation survey to segregate A and D lands from forest and mineral lands and national parks.

3.

Land Registration Authority (LRA)

LRA has limited survey approval functions on "simple subdivision" of titled or registered lands. LRA and DENR can both approve simple survey subdivision on titled or registered lands. A survey subdivision is considered simple subdivision when the survey will result to the creation of not more than nine (9) lots without road lot is complex.

4.

Local Governments

Cities and Municipalities also have survey and mapping functions in support of its land use regulation and land taxation mandates. These functions are as follows: ! Approval of all complex subdivisions by the Sangguniang Bayan/Lungsod under the Local Government Code; ! Ensure the conformity of subdivision surveys with the comprehensive land use plan of the LGU; ! Receive and compile copies of all approved survey plans furnished by Geodetic Engineers on surveys conducted within their jurisdiction; and ! Maintain a system of tax mapping, showing graphically all data concerning the real property (land and improvements).

C. System of Land Survey and Mapping in the Philippines Land surveys in the Philippines is primarily conducted for the purpose of land disposition and registration in support of tenure or legal hold on land. The survey of the land is necessary before it can be disposed by the state, or titled or registered. Without a survey, the government cannot determine with certainty the identity of the land, its location, orientation, position, boundaries and area. Without this certainty, there is no “object certain” that will define the physical extent of ownership or holdings which is necessary for land as property, to be secured, protected, enjoyed or transferred to exist.

1.

Persons Authorized to Conduct Land Surveys

Land surveys are conducted by surveyors who are licensed Geodetic Engineers (GE). These GEs are organized into a professional organization called the "Geodetic Page 25 of 51


The profession was first created under Republic Act No. 4374 (An Act to Regulate the Practice of Geodetic Engineering in the Philippines.) A Geodetic Engineer - is any person who is technically and legally qualified to practice geodetic engineering under these laws, which term supersede “surveyor”. The practice of land surveying was first created under the provisions of Act No. 2711 (Revised Administrative Code of 1917) with the Bureau of Lands providing apprenticeship and accreditation of land surveyors. A board of examiners was created under Act No. 3626 to qualify surveyors for private and cadastral surveys and mineral land surveyors. Geodetic engineering was not recognized as a profession until the enactment of Republic Act No. 4374, the “Geodetic Engineering Law,” on June 19, 1965. Under the Act, any person who was technically and legally qualified to practice geodetic engineering shall be called “Geodetic Engineer” superseding the term “Surveyor.”

Engineers of the Philippines, Inc." (Republic Act No. 8560 as amended by Republic Act No. 9200, The Philippine Geodetic Engineering Act of 1998). The practice of geodetic engineering is a professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these date and presenting them on graphs, plans, maps, charts or documents (Article II, Section 2 (a), RA No. 8560). Geodetic Engineers are under the supervision of the DENR or LRA while doing land survey works. The GE has to comply with the survey standards and the rules and regulations set forth by the DENR under the current Manual of Surveys. In general, the GE must obtain such survey and tenure information on records available with the DENR or LRA as is necessary to locate or relocate the boundaries of any land to be surveyed and to connect his or her survey to the survey system in the Manual. A GE can conduct land survey activities pursuant to Section 2 (a) of Republic Act No. 8560 (Philippine Geodetic Engineering Act of 1998) or for works not requiring strict legal accuracy under arrangements with a client, in such a manner as agreed upon by them or if the survey is not intended for land registration, disposition or tenure definition. However, the GE must comply with the standards and the rules and regulations set forth by the DENR, if the survey is of a class that requires approval under existing land laws. Geodetic Engineers, when conducting surveys that requires the approval of the DENR or LRA, shall give due notice in advance to the adjoining owners of the property to be surveyed of the date and hour of the survey for the protection of their rights. They are to report all objections made by adjoining property owners or claimants during the survey and demarcating/describing the boundaries claimed by them. The survey plans/data sets that the survey project generates, including the maps and plans, are also submitted to the DENR and to the LRA (simple subdivision) for approval, before it can have full legal effects. However, GEs may prepare sketch plans that show the indicative location, position and area of land for purposes other than land registration without need of DENR/LRA approval.

Page 26 of 51


2.

Defining Legal Boundaries

Lot boundaries delineate the extent of land ownership of land owners. Boundaries define the extent of the parcel, lot or property unit in accordance with specific standards, rules and regulations issued by the DENR. Boundaries also help identify the land as it will show the contiguous parcels bordering the land. Boundary lines (also commonly called property lines) define the extent of legal limits of ownership of land parcels. Marked boundaries are prima facie evidence of the legal extent of the ownership of property. Marking may be through natural boundaries, survey monuments or enclosed occupation such as fences and walls. Generally, boundaries of land are fixed and do not move, although the interpretation of the location of the boundary can be difficult and professional judgment may vary in its interpretation, especially if the lots in question came from two different survey systems. The situation with regard to “natural boundaries” formed by seas, lakes, river, etc., is more complex as such boundaries are not fixed and are periodically moved. These boundaries cannot be marked on the ground and are not fixed in one place but changes position over time through slow and imperceptible accretion or erosion of the described feature. In built-up areas like old towns, the primary indicator of boundaries will most likely be walls and fences. However, these can be subject to survey confirmation to ensure that the fences were properly located before it were built and are not subject to encroachment by the owners of the adjoining lands. In a new subdivision, the primary indicators of land boundaries will be the survey marks place by the surveyor on the lots or parcels. These survey marks are made of concrete monuments that conform to the Manual of Land Surveys.

3.

Survey Authority and Survey Order

If a land is still unsurveyed, a private land claimant or a public land applicant on said land is required to secure a Survey Order or Survey Authority from the DENR before a land survey can be conducted on the land that he claims. A Survey Authority is an instruction issued by the authorized DENR Official to a private GE authorizing him/her to conduct survey over a parcel of land of the public domain for a specific purpose, usually for land registration or public land disposition. When issued to a government GE, the same is referred to as Survey Order. Survey Authority or Survey Order for isolated survey less than 12 hectares are issued by the DENR Community Environment and Natural Resources Office (CENRO). Survey authority is valid for a period of six (6) months following its issuance. (Section 19 of Revised Regulation on Land Surveys, DAO 2007-29). A Survey Authority is granted under the following conditions: ! The parcel of land is within the A and D area; ! The survey is an original survey, meaning there is no existing approved survey on the land or any ongoing cadastral or public land subdivision project; ! There is no existing claims or conflicts on the land; Page 27 of 51


! The land is outside of any existing civil, military or any other reservations; and ! There is no pending land registration case or pending litigation in court involving the land or an existing public land application other than that of the Survey Authority applicant. ! The survey applicant must be a public land applicant (homestead, sales, free patent) or must show that he has acquired a registerable private right recognize by the law (i.e. acquisitive possession, prescription and accretion)

4.

Cadastral and Isolated Surveys

Surveying and identifying land by boundaries is necessary before A and D land could be disposed and registered by the government. For purposes of land disposition and property registration, surveys can be generally divided into two (2) types – Cadastral and Isolated.

(a) Cadastral Surveys Cadastral surveys are conducted to determine the “metes and bounds” of all parcels within an entire municipality or city for land registration and other purposes (Section 5, DAO 07-29). Cadastral survey involves the survey of a whole municipality (or an extensive portion of the same or those covering an area of more than 1,500 hectares under Public Land Subdivision Survey) for identifying and delineating the individual parcels of all land owners and claimants which will be the basis of the issuance of titles or patents later. It is intended primarily for the purpose of quieting titles to all lands within a particular area by way of compulsory adjudication proceedings filed by the government after the completion of the cadastral survey project. The owners of lots surveyed must lay a claim to their land holdings and must prove their ownership during the subsequent court proceedings. Failure on their part to do so may give the court no choice but to declare these lands as public lands and be disposed under the Public Land Act. All the other types of surveys are considered isolated. The LMB assigns the Cadastral Project Number that is unique for every municipality or city. The cadastral project is then divided into cases with one barangay considered/assigned as one unique case. However, the DENR has resorted to contracting the cadastral projects by Module, wherein one (1) Module consists of one (1) barangay. A municipality with twelve (12) barangays may have twelve (12) cadastral survey module contractors. All said modules will bear the same Cadastral Survey Project Number. The first municipality that underwent cadastral surveying is Pilar, Bataan in 1909 with Cadastral Project Number 1 or “Cad-1” issued to it. Every parcel of lot in a cadastral survey project is assigned a unique lot number which will be done consecutively from Lot No. 1 without duplication. An assigned lot number in one (1) barangay (barrio) cannot be assigned to a certain lot in another barangay (barrio) of the covered municipality. Once a cadastral survey project is conducted on a municipality or city, all previous isolated surveys of parcels conducted within the area should be Page 28 of 51


integrated and reflected in the cadastral records either as accepted, amended or rejected. If a previous survey is accepted, the surveyor will designate a new lot number in the cadastral survey. The previous isolated survey and the lot number of the land, however, are still indicated in the cadastral survey map for reference purposes. Cadastral Surveys also include the delineation of the boundaries of the various political units (barangay, municipality, and province) as well as the boundaries between the forested areas and A and D lands. Cadastral maps generated by the surveys are also used as preliminary reference in real property tax mapping and land use mapping by local governments.

(a) Isolated Surveys Land claimants may request for an isolated survey of his land prior to the government initiated cadastral survey for purposes of ordinary land registration or patent application. The government also initiates surveys of public land for land disposition purpose such as free patent, homestead and sales. These surveys are conducted on A and D lands of the public domain in areas where there is no approved or existing cadastral survey or cadastral project. Isolated surveys may contain a single lot as in the case of private survey (PSU), free patent survey, homestead, agricultural sale or multiple lot/parcels such as in the case of Public Land Surveys. As mentioned earlier, the approved isolated land surveys are integrated, either as accepted or modified or rejected, once a cadastral project is subsequently conducted in the area. Under the present land survey manual, all surveys that are not cadastral are categorised as isolated surveys including subsequent subdivision and consolidation surveys of a previously surveyed land, though these may be within a cadastral area.

5.

Narrative Technical Descriptions

The description of boundaries to the land (commonly called technical description) are contained in various survey data sets that are generated during surveys. It includes the surveyors field notes, lot data computations, paper maps, etc. However, description of the land is reduced using a narrative style commonly called “Technical Description” when the identity of the land is described in legal documents including the Patents issued by the DENR and Certificate of Title issued by the Register of Deeds. Technical description uses directions and distances along with physical features of the land to define and describe the boundaries of a parcel of land. The boundaries are described in a narrative style, working around the parcel in sequence, using bearing and distance from a known control point (location monuments) to a point of beginning (point 1), going to the next point or corner (point 2 and succeeding) and finally returning to the point of beginning to create a polygon. It may include references to other adjoining parcels (lots). The description is based on the markings on the ground with permanent concrete monuments. Page 29 of 51

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