Discussion Guide

Land Title and Deeds

I. Introduction

A. Land Administration
The term land administration refers to the processes of recording and disseminating information about the
ownership, value and use of land and its associated resources. Such processes include the determination or
adjudication of rights and other attributes of the land, the survey and description of these, their detailed
documentation and the provision of relevant information in support of land markets. (UNICE, 1995)
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:
Land Survey and Mapping - where land boundaries are identified and land parcels are created;
Land Adjudication - where interests on land are identified and ownership resolved;
Land Registration - where land titles are created and interest on land registered in a public registry; and
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:
Guarantee ownership and security of tenure;
Support the land market by facilitating recording of interest and transfers of ownership;
Support land and property taxation;
Reduce land disputes;
Facilitate land reform;
Improve urban planning and infrastructure development;
Support environmental management; and
Produce statistical data.

A. 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);
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);
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
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Commission on Indigenous People 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);
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);
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)
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)
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)

B. Public and Private Lands

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.
Based on these principles, and tenure or the modes of holding or occupying land in the Philippines can be
generally divided into public and private lands.

1. Public Domain Lands

Public Domain Lands are lands that are owned by the State. These are referred to as lands of the Public
Domain.
Ownership by use - 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.
Ownership by classification - 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.
Ownership in its Private Capacity - Lands that are owned by the State in its private capacity are called
patrimonial properties.

2. Private Domain 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:
The Constitution
New Civil Code of the Philippines
Public Land Laws
Property Registration Decree
Agrarian Reform Laws
Ancestral Domain Law

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C. 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 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.

I Land Ownership in the Philippines

A. Pre-Spanish Concept of Land Ownership

"Land tenure (in pre-hispanic Philippines) 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 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." 1

1 OD Corpuz (1997), Economic History of the Philippines, UP Press

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A. Spanish Period

1. Ownership of Lands by Discovery

All lands in the Philippines were acquired by the Spanish crown through discovery.

2. 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.
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)
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)
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.
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.
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
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.

1. Spanish Mortgage 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.
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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 themthe 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
What can a holder of a land title
All properties of the Spanish crown were
transferred to the United States registered under the Spanish
It excludes private lands or lands that were Mortgage do during the American
already given by the Spanish Crown in era?
favor to private persons
Two types of land ownership - Lands of the A holder of a Spanish Title registered
public domain (all lands that belongs to the
under the Spanish Mortgage Law may
Spanish Crown) and private lands.
continue to use the system in his land
2.
Philippine Bill of 1902 (First Constitution) dealings or he may have the land
Provides for the rules on disposition of
registered anew under Act No. 496 under
lands of the public domain.
Introduction of two modes of acquiring titles the Torrens System. If he opted for Act
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:
1) Johnson vs Mackintosh
2) Chaves vs. The United States (175 U.S., 552)
3) Valenton vs Marciano 3 Phil. Reports 537, 2 Off. Gaz., 434, March 30, 1904;
4) Cansino vs Valdez, G.R. No. L-2468, July 16, 1906
5) Cario vs Insular Government, 212 U. S., 449
6) Jones vs. Insular Government, G.R. No. L-2506 April 16, 1906, 6 Phil.122
7) Susi vs. Razon and Director of Lands, G.R. No. L-24066, December 9, 1925
8) Mapa vs. Insular Government, G.R. No. L-3793, February 19, 1908, 10 Phil.,1753
9) Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)
10) Government of the Philippine Islands vs. Abella, G.R. No. L-25010 October 27, 1926, (49 Phil. 49)
11) Jocson vs Director of Forestry
12) Oh Cho vs Director of Lands, 75 Phil. 890
13) Uy Un vs. Perez, 71 Phil. 508 "En Espaol
14) Mindanao vs. Director of Lands, L-19535, July 10, 1967

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I Land Classification

A. Definition
Land classification pertains to classification of Executive Order No. 192 (June 10,
lands of the public domain as a natural resources . 1987) created the National Mapping
Under Philippines laws, all natural resources are and Resource Information Authority
owned by the State. However, lands classified as
(NAMRIA), integrating into it the
agricultural may be declared alienable and
disposable and may be disposed as private lands to functions and powers of the Natural
qualified citizens through homestead, sales and Resources and Management Center
other grants. (NRMC), the National Cartography
Authority (NCA), the Bureau of Coast
B. Laws Relating to Land Classification
1987 Constitution Article XII, Sections 2 and 3 and Geodetic Survey (BCGS), and
providers for the classes of lands of the public
the Land Classification Teams of the
domain - Agricultural, Forest, Mineral and National
Park. These lands are governed by the following then Bureau of Forest Development
laws:
(transformed into a Forest
1. Agricultural Lands - Commonwealth Act
No. 141 (Public Land Act)

2. Forest Lands - Presidential Decree No. 795 (Revised Forestry Code)

3. Mineral Lands - Republic Act No. 7931 (Mining Act of 1995)

4. National Parks - Republic Act No. 7598 (National Integrated Protected Area System Act)

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. 705
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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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.

1. Forest Land
Definition of Forest Land - Forest lands include the public forest, the 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.
(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

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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
15) DOJ Opinion No. 23, Series of 1995.
16) DENR vs Yap (G.R. No. 167707, October 08, 2008)
Agricultural Land
17) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909)
18) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947)
Mineral Lands
19) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929)
20) 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.
21) Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000)
Survey Error
22) 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;
23) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792)
24) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989)
Lands already registered by the Court as Private Lands
25) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d)
Bureaucratic Constraints in Classification of Lands
26) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245, January 30, 2001)

I 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 surveyors 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 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.
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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;
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 Assessors 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 surveyors 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 i nspection, 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
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).

5. 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 governments
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.

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6. 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.

7. 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) 2. These GEs are
organized into a professional organization called the "Geodetic 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.
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.

2 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.
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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.

3. 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.

4. 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;
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)

5. 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

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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 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.

6. 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.
Sample of a Narrative Technical Description:
LOT 18, BLK. 15, Pcs-13-003519
A parcel of land (Lot 18, Blk. 15 of the cons. subd. plan, Pcs-13-003519, being a
portion of the consolidation of Lots 17 Blk. 2, 15 Blk. 3, 15 Blk. 4, 15 Blk. 5, 12 Blk. 5, 15 Blk.
7, 1 & 17 Blk. 9 & 16 Blk. 12, all of Pcs-13-001412, Lots 5 & 5-A, both of Pcs-3866 &Lot 783-A,
Psd-49419, LRC Rec. No.), situated in the Barrio of Bagbag, City of Quezon, Province of
Metro Manila, Island of Luzon.
Bounded on the S., along line 1-2 by Lot 14; along line 2-3 by Lot 15; along line 3-4 by
Lot 16; along line 4-5 by Lot 17, all of Blk. 15 of the cons. subd. plan; on the NW., along line
5-6 by Lot 541, Piedad Estate; on the N., along line 6-7 by Lot 12 of Blk. 15 and on the E.,
along line 7-1 by Road Lot 6, both of the cons. subd. plan.
Beginning at a point marked "1" on plan, being S. 85 deg. 37' E., 1,305.16 m. from LM
No. 20, Piedad Estate.
thence Due West, 13.00 m. to point 2;
thence Due West, 10.00 m. to point 3;
thence Due West, 10.00 m. to point 4;
thence S. 65 deg. 10' E., 6.5 m. to point 5;
thence N. 40 deg. 35E., 16.78 m. to point 6;
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thence Due East, 16.16 m. to point 7;
thence Due South, 10.00 m. to the point of;
beginning, containing an area of THREE HUNDRED THIRTY FOUR (334) SQUARE
METERS, more or less. All points referred to are indicated on the plan and are marked on the
ground by P.S. cyl. conc. Mons 15x60 cms; bearings True; Date of the original survey, July 1
Dec. 14, 1907 and that of the cons. subd. survey on May 20-30, 1988.

7. Survey Maps and Records3

Survey records may be found generally at the Survey Records sections of government land agencies. In the
DENR, survey records are with the Technical Records Section, Survey Division of the DENR Regional Office.
The LMB only retains some survey records, mostly duplicates, after it decentralised its records to the DENR
Regional Offices. In LRA, survey records are with the Subdivision and Consolidation Division.
Large scale government surveys such as cadastral surveys generate the following survey records:
Cadastral Maps indicating individual parcels and their actual geographic position;
Lot Data Computation Books;
Lot Description Books;
Monument Description Books;
Technical Description (TD) of all lots within the Cadastre;
Geographic Positions of Reference Points;
Land Use Maps and Land Use Registers;
Political Boundary Maps;
Tax Maps used for Realty Tax Valuation/Collection;
List of all claimants/occupants or owners of lands; and
Cadastral Cost Registers.
Below are some of the commonly used large scale maps that establish land ownership and support land
titling and registration.
(a) Land Classification (LC) Maps
These maps are generated by the land classification unit of the DENR/NAMRIA/FMB after
delineation survey is conducted, to ascertain the extent of A and D lands of the public domain.
(a) Cadastral Maps
These maps are generated by cadastral surveys executed by the DENR for purposes of land titling.
It covers all parcels of an entire or large portion of municipality. There is also a list of cadastral
claimants per lot that is submitted by the surveyor to DENR as part of the survey data set. All land
parcels are given a unique parcel identifier (by lot number). Cadastral maps are not updated once it
is approved. Subsequent changes to the parcels are not reflected in the approved cadastral map.
(b) Subdivision Maps
These are parcel maps derived from subdivisions of isolated survey plans and isolated cadastral
lots. All derivative parcels of the subdivision are assigned a unique lot number that follows the
sequence of the original or "mother lot", i.e. Lot 1 to Lot 1-A, Lot 1-B, and so forth.
(c) Tax Maps
These maps are generated by the Assessor's Office of the LGU for purposes of identifying land
parcels for land taxation (real property tax). A unique parcel identifier (Property Index Number) is
assigned to each parcel within the municipality. Updating of the map is done by the tax mapping
section of the Assessor's Office, based from subdivision/consolidation survey plans of GEs
submitted to the LGU. The initial component of LGU tax maps are mostly derived from DENR
cadastral maps.
(d) Cadastral Digital Database (DCDB)
Are computerize maps or spatial representation showing land parcels in the locality. The Digital
Cadastre DataBase (DCDB) is the spatial representation of the land parcels and land
use/administrative/political boundaries in a locality. The DCDB generates an computerized map
base that is used in storing related information on land and at the same time, can generate hard
copy of different map products for the public. The parcels are generated by computer programs that
convert numerical survey data sets or by digitizing existing paper maps. DCDB usually consists of
layers of different spatial representation of land boundaries that can include administrative
boundaries such as LGU boundaries, proclaimed areas and reservations, land use, roads, natural
features, etc. that can be overlaid and used for land management purposes, taxation or land tilting
and registration

3 Reminder: The lot/s on survey plans and land titles are stated in a simple plane that adjusted the
curvature of the earth in order to present the parcel in a two dimensional map. The adjustments
sometimes create seeming overlap when projected against the map of a different contiguous parcel plan
from a different survey system. It is advisable for land buyer to engage the services of a Geodetic
Engineer in order to be sure where the true boundaries of the land lies. Incurring this survey expense
makes good sense to any land buyers or mortgagee.
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8. Court Determination of Land Boundaries
Actual occupation and described measurement of the ownership in documents or titles may be
conflicting. If the description of the boundary is ambiguous or otherwise uncertain, or is in conflict
with the occupations, courts may settle the position of the disputed boundary. The actual location of
any boundary, when disputed, should be subject to the evidence of an on-ground assessment of
the land in relation to survey records, and is best undertaken by a GE.
Where any two or more boundary features or descriptions present conflicting evidence in the
determination of the true boundary position, the courts usually favor long, acquiescent and
undisturbed occupation dating to the time of the survey as the most convincing evidence of a
boundary between properties. As a rule though, when a property is described by metes and
bounds, the described bounds (abuttals) take priority over the stated measurements. What really
defines a piece of land is not the area, calculated with more or less certainty mentioned in the
description, but the boundaries as enclosing the land and indicating its limits. However, special
circumstances may lead courts to give more weight to other evidence presented.
In determining the boundary of the land, the court may consider the following physical features and
survey marks and descriptions:
Monumented lines (boundaries marked by survey or other defining marks, natural
or artificial);
Adjoining boundaries, i.e. contiguous lots, natural or artificial features such as a street or road;
Statement of length, bearing or directions (Metes or measurements in the described direction); and
Actual occupation.
A GE is not the final arbiter of boundaries which are under dispute between owners. This is within
the jurisdiction of the regular courts. The GEs role in these matters is one of fact-finder and expert
witness, providing the evidence of what the boundaries are or how it was derived, upon which the
court will make the judgment.
CASES:
23) Golloy v. Court of Appeals, (G.R. No. 47491, May 4, 1989)
24) Cambridge Realty and Resources Corporation vs. Eridanus Development, Inc. and Chiton Realty
Corp., (G.R. No. 152445, July 4, 2008)
25) Felipe de Guzman vs. Manuel de Santos, (G.R. No. 6609. December 2, 1911)

IV. Modes of Acquiring Title to Public Lands

A. Owner
ship of land must be traced to a government land grant
Regalian doctrine all lands belong to the State. Private lands must be able to trace its root to a grant coming
from the State.

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

Land is given/awarded by the State to a public land applicant through a land patent; land is considered as
public land; applicant is qualified; applicant must comply with the condition before the grant is awarded by the
State and caused its registration.

1. Indirect Grants (Prescription, Accretion and Accession)

Public land becomes ipso facto (by operation of law) private lands; the state did not directly award the land
(no award of land patent), person acquires the land upon fulfilment of certain conditions; merely confirms the
title during the proceedings where it is determined, during a court hearing that applicant has qualification and
has complied with all the conditions necessary for confirmation of title.

2. Land Grants Excludes Minerals

Constitutional limitation. All natural resources are owned by the State (Article XII, 1987 Constitution). All
public land patents issued to applicants does not convey title to all kinds of mineral resources as the same
remain to be property of the State. (Section 110, PLA).

B. General Conditions Necessary for the Issuance of a Land Patent (Direct Grant)
The general conditions for Provided under Section 8 of Commonwealth Act No. 141 or the Public Land Act.

1. Alienable and Disposable Lands

a) Definition - 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.
b) Under Act No. 926 (1903) - Spanish grants are deemed private lands and not subject to
classification; Section 19 of Act No. 496, titles in fee simple;
c) Confirmation of Imperfect Titles applied under Spain, agricultural but court determines suitability;
(Section 48 of Act No. 926)
d) Public land disposition on lands suitable for agriculture as certified by the forestry department;
e) Under Act No. 2874 (1919) - Present system of land classification of public land was introduced;

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(1) Blocks of lands pre-classified even prior to disposition
(2) Classification of land as a legal object;
(3) Private lands and lands for confirmation of title not subject to classification, land registration court
makes determination
f) Under Republic Act No. 3872 (1964) - Cultural minorities can have titles to Non A and D Lands
g) Under Section 4, Presidential Decree No. 1073 (1977) - Confirmation of Titles Limited in A and D
Lands only)
h) Under Indigenous Peoples Rights Act of 1997 - Ancestral Domain as private property of IP.

2. Surveyed and Delineated

No survey no title - land survey is the means to determine the relative location and area of land for
purposes of property identification.

1. Not for Public or Quasi-Public Use or Appropriated by the Government.

Alienable and Disposable Lands vs. Lands for Public Use

2. Not private lands

a) The land must not be private property, nor on which a private right authorized and recognized by this
act or any valid law may be claimed (Sec. 8, CA No. 141). If land is private already, the owner must
file an application for registration of land ownership; See Judicial confirmation of imperfect title
b) Option of land owner is to obtain free patent if qualified. The owner is deemed to have waived his
ownership over the land in favour of the State and thus can file a public land application for free
patent. There is an area limit if the land is public land (12 hectares under the 1987 Constitution) since
it is a public land grant.
c) Patrimonial Property of the Government; Disposition is under Act No. 3038 through Sale

5. Restrictions and limitations on Transfers of Land Patents

a) Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123)
b) Presidential Decree No. 2004 (Section 2)
c) Republic Act No. 10023 (Section 5)

2. Area limitation under the Constitution and the law

Under the Philippine Bill of 1902 - 16 hectares
Under 1936 Constitution - 24 hectares
Under 1973 Constitution - 24 hectares
Under 1987 Constitution - 12 hectares

6. Qualification of Applicant
(a) Citizenship
Only citizens of the Philippines can be a grantee of public land; Non-Citizen cannot be a grantee of
public land; In Free Patent, it is required that the applicant is a natural born citizen of the
Philippines. Corporations not allowed since 1973 to acquire public lands, however, a corporation
can lease public lands up to 1,000 hectares (1987 Constitution)
In registration of lands, corporations are allowed to register lands that has already been acquired by
its predecessor through indirect grant; rationale - the land is already private when acquired and is
not part of the public domain anymore. Registration does not confirm ownership. See Judicial
Confirmation of Title
(b) Age
In general, there is no age limitation in public land grants; except in homestead, the applicant must
be 18 years or head of Family if minor

C. Public Land Grants in Agricultural Lands

1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act No. 141
a) Patent issued to frontier lands and newly released A and D lands where no possessory rights exists
b) Upon approval of homestead application, homesteader is allowed to enter and cultivate A & D lands
c) Grant of homestead patent is conditioned upon entry, occupation, improvement, cultivation (1/5 of the
land), residency (1 year) and final proof within 5 years
d) Homesteader cannot use share tenancy in complying with the conditions (1973) under Presidential
Decree No. 152
e) Original homestead grantees or direct compulsory heirs who still own the original homestead at the
time of the approval of CARL keeps to retain the same areas as long as they continue to cultivate the
homestead under Section 6 of RA No. 6657 as amended.

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2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141;
a) Upon approval of application, land is appraised and notice is made by publication for bidding on the
land;
b) Conditioned upon appraisal, bidding, entry, cultivation and payment.
c) Payment by 10 equal yearly installment is allowed

3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141;

a) Corporations can lease up to 1,000 hectares
b) Private individuals (citizens) up to 500 hectares;
c) Appraisal, bidding, entry, payment

4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act No. 141.
a) Conditioned upon occupation/possession and payment of real property taxes for a certain period
b) Last amendment on the requirements for free patent under Republic Act No. 6940; continuously
occupied and cultivation and payment real property tax for 30 years prior to 1990)
c) Filing of application up to 2020 only (Republic Act No. 9176, Extending Free Patents)

D. Public Land Grants In Residential, Commercial, Industrial Lands

1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth Act No 141;
a) Same as agricultural sale;
b) Appraisal; bidding; entry; introduction of improvements; and payment

2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to conditions
a) Any citizen of legal age, not the owner of a home lot in the municipality or city; in good faith
established his residence on a parcel; not needed for the public service; private or direct sale
(appraisal but no bidding); not more than one thousand square meters; occupants has constructed his
house on the land and actually resided therein. 10% payment upon approval balance may be paid in
full, or in ten equal annual installments; restriction on transfer 15 years;
b) Restriction was removed under PD No. 2004 (1985)

3. Batas Pambansa Bilang 223 (1982-1987) - limited residential free patent

a) Conditions - any citizen, not a registered owner of a residential land in 5th class municipalities, has
been actually residing on, and continuously possessing and occupying, under a bona fide claim of
acquisition of ownership, paid all the real estate taxes thereon since June 12, 1945, and not to exceed
3,000 sqm;
b) Not applicable in cities, and in in first class, second class third class, and fourth class municipalities,
and in townsite reservations;
c) Law expires in 1987 without being extended

4. Republic Act No. 10023 (2010) - Residential Free Patent Law

a) Conditions - any citizen; actual occupant, resided under a bona fide claim of ownership for 10 years;
land not needed for public service and/or public use; all lands zoned as residential; townsites
included; delisted military reservation or abandoned military camp included; actual survey; two
supporting affidavits of disinterested person(residents)
b) Applies to all cities and municipalities

D. Restrictions on Patents
Patents issued by the government are subject to the following restrictions:

1. On Transfers and Conveyances

Free patents and homestead patents issued by the government are subject to restrictions regarding
transfer and mortgage under Sections 118, 119, 120, 121 and 122 of the present Public Land Act.
Sales patents on the other hand are covered by Sections 121 and 122.
A qualified restrictions on all patents sold be national cultural minorities are covered by Section 120.
Republic Act No. 730 that provides for the direct sale of residential lands has restrictions on transfer and
encumbrance of 15 years, however, the same was removed by Presidential Decree No. 2004 in 1985
declaring that paragraph 2 of the said law is too onerous and prevents utilization of the land.
Republic Act No. 10023 altogether removed the restrictions that are attached to Free Patents under
Section 5.
The policy of the government recently is to encourage he development of formal land market by making
the titles to the land tradable.
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2. Easements and Servitudes
The land patented shall likewise be subject to public servitudes that exist upon lands owned by private
persons, including those with reference to the littoral of the sea and the banks of navigable rivers
(Section 111, PLA).
The state likewise reserves a right of way not exceeding sixty (60) meters for public highways, railroads,
irrigation, ditches, aqueducts, telegraph and telephone lines and similar works as the government or any
public or quasi-public service or enterprise including mining or forest concessionaires, may reasonably
require for carrying on its business, with damages to improvements only.
Republic Act No. 1273 amended Section 90 of the PLA and provided that a strip forty (40) meters wide
starting from the bank on each side of any river or stream that may be found on the land patented shall
be demarcated and preserved as permanent timberland to be planted exclusively to trees of known
economic value, and that the grantee shall not make any clearing thereon or utilize the same for ordinary
farming purposes even after patent shall have been issued to him or a contract of lease shall have been
executed in his favor.
CASES:
29) Balboa vs. Farrales, G.R. No. L-27059, February 14, 1928;
26) Republic vs. Diamonon, G.R. No. L-7813, October 31, 1955;
27) Mejia vs. Mapa, G.R. No. L-7042, May 28, 1954
28) Diaz and Reyes vs. Macalinao, et al, 102 Phil. 999
29) Dauan vs. Secretary of Agriculture and Natural Resources, 19 SCRA 223
30) Pascua vs. Talens, G.R. No. L-348 April 30, 1948
31) Simeon v. Pea, GR No. L-29049, December 29, 1970;
32) Benzonan vs CA, 97998, January 27, 1992
33) Vargas and Vargas vs. Court of Appeals, GR No. L-35666, June 29, 1979
34) Santana and Panganiban vs. Marias, GR No. L-35537, December 27, 1979
35) Bajenting, et al. vs. Baes, et al., GR No. 166190, September 20, 2006

E. Title Obtained by Operations of Law (Section 14, PD No. 1529)

1. General Considerations
a) Title was obtained not by registration but by operations of law under the assumption that the
occupant of the land is qualified and has complied with the conditions set forth. The law creates a
legal fiction whereby the land, upon completion of the requisite period ipso jury and without the need
of judicial or other sanction, ceases to be public land and become private property.
b) The title is vested to the ipso facto but it has to be confirmed by the State and registered.
c) The land must be alienable and disposable lands of the public domain. Section 4 of PD No. 1073
(1977) amending Section 48 (b) and (c) and Judicial confirmation of imperfect title based on
unperfected Spanish grants are no longer allowed. Adopted in PD No. 1529, Section 14 (a) in 1978.

2. Concept of Adverse Possession & Prescription

To constitute the foundation of prescriptive rights, possession must be under the claim of title and adverse
to all other claimants (open, continuous, exclusive, notorious possession). Must be adverse and not
merely tolerated. Prescription - prescription does not run against the government except when it is
provided by law; does not run on registered land. It is sufficient that the land is A and D at the time of
application, the period of possession prior to declaration of A and D is included. Old view: time when the
land is still inalienable is excluded in computing period of adverse possession.

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;
a) In 1976 all holders of Spanish titles or grants should apply for registration of their lands under Act No.
496 within six (6) months afterwards Spanish titles cannot be used as evidence of land ownership in
any registration proceedings under the Torrens system P.D. No. 892;
b) In 1977 lands that are not declared alienable and disposable are no longer included however long the
possession of the applicant was; judicial confirmation of incomplete titles to public land based on
unperfected Spanish under the laws and royal decrees in force prior to the transfer or sovereignty
from Spain to the United States are disallowed (Presidential Decree No. 1073);
c) Period of possession before declaration of A and D is not important for disposition as long as the land
is A and D at the time of application (Heirs of Malabanan v. Republic of the Philippines, G.R. No.
179987, April 29, 2009).
d) Evidence to Prove Adverse Possession

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e) Tax Declarations - Not conclusive evidence of ownership but are good indicia of possession in the
concept of the owner. It is at least a proof that the holder has a claim of title over the property. It
announces the tax payers adverse claim against the State and other interested parties.

G. Section 14, Paragraph (b) - Those who have acquired ownership of private lands by prescription
under the provision of existing laws;
f) Prescription of thirty (30) years begins from the moment the State expressly declares that the public
dominion property is no longer intended for public service or the development of the national wealth or
that the property has been converted into patrimonial4;
CASES:
36) Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908
37) Republic vs. de Guzman, 326 SCRA 574 (old view) Alienable and Disposable vs. Time of Application
for Registration
38) Malabanan vs. Court of Appeals
39) San Miguel Corporation vs. Court of Appeals, 185 SCRA 722 (1990).
40) Director of Lands vs. IAC and Acme Plywood and Veneer Co. Inc. G.R. No. 73002, December 29,
1986)
41) Susana Meguinto, et al. vs. Republic of the Philippines, GR No. 134308, December 14, 2000).
42) Republic vs. de Guzman, 326 SCRA 574
43) Republic of the Philippines vs. East Silverland Realty Development Corporation; G.R. No. 186961,
February 20, 2012;
44) 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;

1. Article 457 of Civil Code to the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters; Law Of The Waters - the accretion
resulting from the gradual deposit by or sedimentation from the waters belongs to the owners of the land
bordering on streams, torrents, lakes, or rivers;
2. By law, accretion - the gradual and imperceptible deposit made through the effects of the current of the
water belongs to the owner of the land adjacent to the banks of rivers where it forms. The drying up of
the river is not accretion. Hence, the dried-up river bed belongs to the State as property of public
dominion, not to the riparian owner; they are not open to registration under the Land Registration Act.
The adjudication of the lands in as private property is null and void.
3. Ownership over the accretion received by the land adjoining a river is governed by the Civil Code; but
land has to be registered otherwise it can be lost by reason of prescription and/or occupation of others;
CASES:
1) Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984;
2) Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453
3) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962

G. Section 14, Paragraph (d) - Those who have acquired ownership of land in any other manner
provided for by law.

H. Title issued under CARP (Republic Act No. 6657, as amended by Republic Act No. 9700)

1. Coverage
All alienable and disposable lands of the public domain devoted to or suitable for agriculture. All other lands
owned by the Government devoted to or suitable for agriculture; and All private lands devoted to or suitable
for agriculture regardless of the agricultural products raised or that can be raised thereon.

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

Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries
and breeding grounds, watersheds and mangroves; private lands used for prawn farms and fishponds; lands
used and necessary for national defense, school sites and campuses, public or private schools for
educational purposes, seeds and seedlings research and pilot production center, church sites and convents
appurtenant, mosque sites and Islamic centers, communal burial grounds and cemeteries, penal colonies
and penal farms actually worked by the inmates, government and private research and quarantine centers
and all lands with eighteen percent (18%) slope and over, except those already developed.

2. Retention Limits Land Area

a) Retention by the landowner shall not exceed five (5) hectares.

4Section 14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of
the Civil Code.
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b) Three (3) hectares may be awarded to each child of the landowner, subject to the following
qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land
or directly managing the farm.
c) Landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep
the area originally retained by them thereunder;
d) Original homestead grantees or direct compulsory heirs who still own the original homestead at the
time of the approval of this Act shall retain the same areas as long as they continue to cultivate said
homestead.

3. Ceiling of Award to Beneficiaries

Not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits. A landless beneficiary is one who owns less than three (3)
hectares of agricultural land.

4. Transferability of Awarded Lands

CLOAs cannot be sold, transferred or conveyed for ten (10) years except by:
a) Hereditary succession;
b) To the government
c) To the Land Bank
d) Other qualified beneficiaries through the DAR.

5. Repurchase
Children or the spouse of the transferor within a period of two (2) years (Sold to the Government and Land
Bank)

6. Collective Titles
Option provided that the total area that may be awarded shall not exceed the total award limit of all
beneficiary. Title to the property shall be issued in the name of the co-owners or the cooperative or collective
organization as the case may be. If the certificates of land ownership award are given to cooperatives then
the names of the beneficiaries must also be listed in the same certificate of land ownership award.
Cases:
4) DOJ OPINION NO. 100, s. 2012, November 13, 2012

K. Title issued under IPRA Law

1. Identification and delineation of Ancestral Domain

2. Issuance of Ancestral Domain Certificate of Title

3. Ancestral Domain and the Regalian Doctrine

Cases:
5) Cruz vs. DENR Secretary, GR No. 135385, December 6, 2000

I. Procedure and Processes

A. Public Land Applications

1. General Rules
The right to lands disposed by the State through patents are administratively determined during the public
land application process. The process is not adversarial since the applicant does not claim private ownership
on the land. The applicant in public land applications is asking the State for a land grant base on Article XII of
the Constitution that allows citizens to received alienable and disposable lands, subject to certain conditions,
from the State by way of homestead, sale or grants. It is conditioned generally on the utilization of the land
for productive purposes.
During the process of adjudication, the applicant establishes his/her personal qualification and proves his/her
fulfilment of the conditions necessary for the issuance of the particular grant or patent that he/she applied for.
The government agency that handles the adjudication process is the DENR under Commonwealth Act No.
141 (Public Land Act) as amended, Republic Act No. 10023 (Residential Free Patent Law) and Republic Act
No. 730 (Direct Sale of Residential Lands). Generally, the DENR has exclusive jurisdiction over the
disposition of lands of the public domain in the absence of specific legislation to the contrary.
Public land applications are processed at the DENR Community Environment and Natural Resources Office
(CENRO) and patents are generally signed and issued by the DENR Provincial Environment and Natural
Resources Office (PENRO). The approved and signed patents are transmitted to the Register of Deeds of
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the province or city by the DENR for registration (Section 103 of PD No. 1529). Application for a public land
grant is administrative in nature although the DENR is exercising in the process quasi-judicial powers when
adjudicating applications and has authority to to determine conflicting claims of applicants and occupants of
public land (Section 102, PLA) subject to judicial review in case of fraud, imposition or mistake, other than
error of judgment in estimating the value or effect of evidence.
The authority to sign patents is generally vested to the President of the Philippines as Chief Executive.
Throughout the years, however, the signing of patent was decentralised by Congress to the different levels
within the bureaucracy of the DENR. Under E.O. No. 192 (1987) reorganizing and the integration of the
different Bureaus under the in the Regional/Field Office Set-up, the Secretary of the newly organized DENR
was given a general mandate to implement public land laws, with powers to delegate includes the power to
sign patents and to delegate the same to such officers as he may deem fit. At present, up to 5 hectares
(PENRO), more than 5 but not exceeding 10 (RED), in excess of 10 (Secretary). Under Republic Act No.
10023, the authority to sign patent was specifically delegated by Congress to the PENRO (Section 6, RA No.
10023).

2. Processes and procedure are governed by administrative orders, circulars and manuals; below is
a summary of the process:
(a) Survey of the Land
Survey is a requirement before public lands can be disposed to private persons under the
different public land laws.
Survey is necessary in order to identify the land and delineates its boundaries
DENR has records of all approved land surveys. If the land has no approved survey, the
applicant must request for a survey authority from the DENR in order to have the land
surveyed by a private geodetic engineer.
If the land is unsurveyed, the applicant may file the Public Land Application first and
thereafter request for a survey authority/order to delineate his/her claim.
The DENR sometimes conduct simultaneous survey and adjudication of land (systematic
adjudication process).
(b) Filing of Application (CENRO)
Non-lawyers can file and process public land applications (PLA) since the procedure is
non-technical, informal and not adversarial. DENR personnel assist PLA applicants in the
accomplishment of forms and gathering of documents, evidence and certifications in
support of the application
Public Land Applications are submitted under oath; DENR officers may administer oath to
applicants when filing an application
A representative with Special Power of Attorney may file in behalf of the applicant
Application must be complete including all documentary requirements to enable the land
examiner and/or inspector to evaluate the application.
(a) Examination of the Applicant for Personal Qualification to own public land
Check the nationality of the applicant
Check land holdings of the applicant in the land allocation record book
(b) Examination and Inspection of the Land
Ocular Inspection by the Land Inspector to check status (A & D), actual use of the land and
to validate if there are claims or conflicts on the ground
Notice of the application shall be posted by the DENR
Prepare Inspection Report by the Public Land Inspector
Inspection report must be approved by the Land Management Officer
(c) Approval of application
In Free Patents, upon approval of application, a patent is prepared at the CENRO for signing
of the PENRO
In Homestead, upon approval of the application, an entry permit is issued allowing the
homesteader to enter, occupy and cultivate the land upon payment of the entry fee.
Final Proof upon completion of the 1/5 cultivation requirement has to be filed by the
homesteader
Re-investigation and preparation of Re-investigation report, (Cultivation, residency, etc)
upon filing of the filial proof
In Ordinary Sales, upon approval of the application, the land shall be appraised and the sale
shall be published for bidding.
The land shall be awarded to the highest bidder.
The applicant, however, can match the highest bid to secure the award.
Upon full payment (10 equal yearly instalment is allowed), the DENR shall inspect the
land to check compliance and shall prepare a re-investigation report;
In Direct Sale under Republic Act No. 730, upon approval of the application, the land shall
be appraised by an Appraisal Committee at the CENRO.
There is no bidding under RA No. 730

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The appraisal has to be approved by the DENR Secretary before an Order of Payment
shall be issued.
Upon full payment (10 equal yearly instalment is allowed), the DENR shall inspect the
land to check compliance and shall prepare a re-investigation report;
(d) Approval and Signing of the Patent
Approval and signing of Patents under E.O. No. 192 (1987), the Secretary of the DENR was
given a general mandate to implement public land laws including the power to delegate the
signing of patents. At present, the signing authority is as follows: up to 5 hectares (PENRO),
more than 5 but not exceeding 10 (RED), in excess of 10 (Secretary). But under Republic Act
No. 10023, the PENRO is specifically designated by the law as the final approving officer of
Residential Free Patents.
(e) Transmission to the Register of Deeds of the Patent by the Approving Officer (See Section
103, PD No. 1529)
It is the duty of the approving officer to transmit the Patent to the Register of Deeds for
registration. Applicants, however, shall pay the necessary registration fees before the
registered patents are released to them.
CASES:
(55) Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706)
(56) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934;
(57) Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No. L-5622, December 29,
1952);
(58) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)

B. Confirmation of Imperfect Title

1. General Rules
Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be
based on the generally accepted principles underlying the Torrens system.
Powers of the Land Registration Authority
a) Section 6 of PD 1529
b) Register of Deeds, see Section 10 of PD 1529
Ordinary vs. Cadastral Proceedings
Ordinary is isolated and voluntary - pertains to isolated parcel of land initiated voluntarily by the land
owner/occupant
Cadastral is mass and compulsory - pertains to a proceedings covering all the parcels in the
municipality/city; initiated by the government

2. Ordinary Registration Procedure (See Section 14 to 30 PD No. 1529)

a) Filing of the application (Regional Trial Court, BP No. 129)
b) Issuance of an Order setting the date and hour of the Initial hearing which shall not be
earlier than forty-five days nor later than ninety days from the date of the order.
a) Notices
Publication Official Gazette;
Mailing; and
Posting.
b) Filing of Opposition
Any person claiming an interest may appear and file an opposition on or before the date of
initial hearing or anytime as may be allowed by the court. The opposition shall state all the
objections to the application and shall set forth the interest claimed by the party; the remedy
desired; signed and sworn;
c) Initial/Jurisdictional hearing
Applicant presents evidence of compliance to the order of the court for notices on the setting
of initial hearing; court will ask if there are oppositions
d) Order of Default
If no person appears and answers, upon motion of the applicant the court may order a
default to be recorded and require the applicant to present evidence. But when an
appearance has been entered and an answer filed, a default order shall be entered against
persons who did not appear and answer.
e) Hearing/Referee/Commisioner -
The court may hear the case (applicant presents evidence; oppositors presents evidence) or
refer the case or any part to a referee; hearing at any place within the province; submit his
report thereon to the court within fifteen days after the termination of such hearing. Court
may adopt the report or set it aside for further proceedings;
f) Judgement -
Within ninety (90) days from the date the case is submitted for decision. The Court, after
considering the evidence and the reports of the Commissioner of Land Registration and the
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Director of Lands, finds that the applicant or the oppositor has sufficient title proper for
registration, judgment shall be rendered confirming the title of the applicant, or the oppositor,
to the land. Becomes final upon the expiration of thirty (30) days to be counted from the data
of receipt of notice of the judgment. An appeal may be taken from the judgment of the court
as in ordinary civil cases.
Partial Judgement - All conflicting claims of ownership and interest in the land subject of the
application determined by the court but the court may render partial judgement where only a
portion of the land is contested.
g) Issuance of Decree
After judgment has become final and executory, the court issue an order to LRA for the
issuance of the decree of registration and the corresponding certificate of title in favor of the
person adjudged entitled to registration.
h) Transmission of the Decree to the Register of Deeds

3. Cadastral Registration Proceedings (Sections 35-38 of PD No. 1529)

a) Cadastral Survey of the Land
Order of the Director of Lands to cause a cadastral survey of the lands and the plans and
technical description be prepared.
First Notice - Notice to persons claiming any interest in the lands as well as to the general
public of the survey, giving as fully and accurately as possible the description of the lands By
Publication once in the Official Gazette
Posting in a conspicuous place on the bulletin board of the municipal building of the
municipality in which the lands or any portion thereof is situated.
Notice to the mayor of such municipality as well as to the barangay captain and likewise to
the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.
Second Notice - Notice of the date on which the survey of any portion of such lands by posting
in the bulletin board of the municipal building of the municipality or barrio in which the lands are
situated by the GE or DENR.
Duty of the Geodetic Engineer - To enter upon the lands for the purpose of the survey; and to
mark the boundaries of the lands by monuments set up in proper places thereon.
Duty of the claimant/s - communicate with the Geodetic Engineer upon his request for all
information possessed by such person concerning the boundary lines of any lands to which he
claims title or in which he claims any interest.
Penalty: Any person who shall wilfully obstruct the making of any survey undertaken by the
Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey
under this Section, or shall maliciously interfere with the placing of any monument or remove
such monument, or shall destroy or remove any notice of survey posted on the land pursuant to
law, shall be punished by a fine of not more than one thousand pesos or by imprisonment for
not more than one year, or both.
i) Filing of Petition by DENR
After the survey the DENR thorough the Solicitor General shall institute original registration
proceedings by filing a petition in Regional Trial Court of the place where the land is situated
against the holders, claimants, possessors, or occupants of such lands stating that such titles
to the land be settled and adjudicated.
Contents:
A description of the lands and shall be accompanied by a plan; and
May contain such other data as may serve to furnish full notice to the occupants of the lands
and to all persons who may claim any right or interest therein.
Where the land consists of two or more parcels held or occupied by different persons, the
plan shall indicate the boundaries of the parcels
The parcels shall be known as "lots" and shall on the plan filed in the case be given
separate numbers by the Director of Lands, which numbers shall be known as "cadastral lot
numbers.
The lots situated within each municipality shall be numbered consecutively beginning with
number one and only one series of numbers shall be used. However in cities or townsites, a
designation of the landholdings by blocks and lot numbers may be employed instead of the
designation by cadastral lot numbers.
The cadastral number of a lot shall not be changed after final decision has been entered
decreasing the registration thereof, except by order of court. Future subdivisions of any lot
shall be designated by a letter or letters of the alphabet added to the cadastral number of
the lot to which the respective subdivisions pertain. The letter with which a subdivision is
designated shall be known as its "cadastral letter": Provided, however, that the subdivisions
of cities or townsites may be designated by blocks and lot numbers.
c) Answer
Any claimant in cadastral proceedings, whether named in the notice or not, shall appear before
the court and shall file an answer on or before the date of initial hearing or within such further
time as may be allowed by the court and shall state:
Marital status;
Name of the spouse and the date of marriage,
Nationality

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Residence and postal address, and
The age
The cadastral number of the lot or lots claimed
The name of the barrio and municipality in which the lots are situated;
The names and addresses of the owners of the adjoining lots so far as known to the
claimant;
If the claimant is in possession of the lots claimed and can show no express grant of the
land by the government, the answer shall state the length of time he has held such
possession and the manner in which it has been acquired;
If the claimant is not in possession or occupation of the land, the answer shall fully set forth
the interest claimed by him and the time and manner of his acquisition;
If the lots have been assessed for taxation, their last assessed value; and
The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as
known.
d) Hearing
The trial of the case in a place within the province in which the lands are situated; Claimant
presents evidence
Orders for default and confessions entered, in the same manner as in ordinary land
registration proceedings and shall be governed by the same rules.
All conflicting interests shall be adjudicated by the court and decrees awarded in favor of the
persons entitled to the lands or to parts thereof and such decrees shall be the basis for
issuance of original certificates of title in favor of said persons
j) Judgement
Same as ordinary registration
k) Issuance of Decree
After judgment has become final and executory, the court issue an order to LRA for the
issuance of the decree of registration and the corresponding certificate of title in favor of the
person adjudged entitled to registration.
CASES:

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