MODULE II
4.) Bayani was able to obtain a title over a property of public domain classified as
timberland.
b. Supposed he has already sold it to Arcan, a buyer in good faith and for value,
can the State still recover it? Is the defense of prescription available? Why?
2. No, the Torrens title may not be collaterally attacked. As provided in Section 48
of PD#1529, “a certificate of title shall not be subject to collateral attack. It
cannot be altered, modified or cancelled except in direct proceeding in
accordance with law.” The issue on a validity of a title, i.e. whether it was
fraudulently issued, can only be raised in an action expressly instituted for the
purpose.
a. to quiet title to land; to put a stop forever to any question of the legality of
the registration, in the certificate, or which may arise subsequent thereto;
b. to relieve the land of unknown liens or claims, just or unjust, against it; It is
intended only that the title, which the petitioner has, shall be registered
and thereby cleared of all liens and burdens of whatsoever character,
except those which shall be noted in the order of registration and in the
certificate issued.
4. a. No, the title of Bayani is invalid. Under the Public Land Act, “timberland” is
considered as “forest” in the Constitution. Forest lands and forest reserves are
not capable of private appropriation an possession, it being of public domain.
b. The State may recover the land through exercise of the power of eminent
domain. Forest lands may not be appropriated privately, therefore, the defense
of prescription is not available to Arcan.
5. No, forest lands may not be acquired. Even if this be subsequently stripped
of trees and its forests cover by loggers and settlers, and may actually be
planted to crops or covered with grass, are not susceptible of private ownership,
much less object of application for registration by private persons, until and after
such lands have been reclassified or otherwise released from forest to alienable
and disposable land of the public domain by official proclamation.
8. The application for registration may be filed with the clerk of the Regional
Trial Court of the province or city where the land in situated. In the City
of Manila, the application should be filed with the Land Registration
Authority.
a. to invite all persons concerned who may have any rights or interests in the
property applied for to come to the court and show cause why the
application should not be granted;
b. to confer jurisdiction upon the court;
c. to bind the whole world, inclusive of those who may be adversely affected
and those who factually have been innocent of such publication.