REGISTRATION UNDER THE PROPERTY
REGISTRATION DECREE (PD NO. 1529)
WHO MAY APPLY [SEC. 14(1) (2) (3) (4)]
Sec. 14 (1) “Those who by themselves or their
predecessors-in-interest have been in 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.”
Sec. 14(2) “Those who have acquired ownership of
private lands by prescription under the provisions of
existing laws”
Sec. 14(3) “Those who have acquired ownership of
private lands or abandoned river beds by right of
accession or accretion under the existing laws.”
Sec. 14(4) “Those who have acquired ownership of land
in any other manner provided for by law.”
SEC. 14 (1)
Requisites:
 The applicant must be a Filipino citizen.
 The land must be an agricultural land, already
classified as alienable and disposable (A and D)
land at the time of the filing of the application
(Malabanan v. CA, Mercado v. Valley Mountain
Mines)
 Applicant must have been in open, continuous,
exclusive and notorious possession and
occupation (OCENCO) of the land, under a bona
fide claim of ownership
 Since June 12, 1945 or earlier.
 It must be shown that possession and occupation of
the land sought to be registered by the applicant
himself or through his predecessors-in-interest,
started on June 12, 1945 or earlier, which totally
conforms to the requirement under Section 14 (1)
 A mere showing of possession and occupation for
thirty (30) years or more is no longer sufficient.”
 Rationale for the rule that the land need be classified
as A and D already at the time the application is filed:
o “If the State, at the time the application is made,
has not yet deemed it proper to release the property
for alienation or disposition, the presumption is
that the government is still reserving the right to
utilize the property; hence, the need to preserve its
ownership in the State irrespective of the length of
adverse possession even in good faith.”
 Possession is –
o Open when it is patent, visible, apparent, notorious
and not clandestine;
o Continuous when uninterrupted, unbroken and not
intermittent or occasional;
o Exclusive when the adverse possessor can show
exclusive dominion over the land and an
appropriation of it to his own use and benefit; and
o Notorious when it is so conspicuous that it is
generally known and talked of by the public or the
people in the neighborhood. (Bienvenido v.
Gabriel, GR No. 175763, April 11, 2012)
NOTES:
 Before the case of Malabanan vs CA, there is a need
to show OCENPO. You must also show that the land
is already classified as A and D since June 12, 1945
 But when Malabanan vs CA was promulgated, it must
be proven only the classification as A and D at the
time of filing of the application
 Requisites for Original Registration
1. Declaration that the land is A and D at the time of
filing of the application for registration
2. Open and continuous possession in the concept of
an owner since June 12, 1945
* the computation of period ay include the period of
adverse possession prior to the declaration that the
land is A and D
*For instance, land is declared A and D today. You
can invoke possession (since 1945 or earlier) even
before registration.
*Example: You are in possession since 1945 or
earlier. Before it was classified as A and D in 2017, it
was a forest land (or mineral land or national parks).
Suppose you apply now for registration, can you
invoke or include possession prior to its classification
as A and D in 2017? In other words can you include
the time when it was a forest land (or mineral or
national parks)? NO, it should be agricultural lands
bcoz here it is forest land.
 BASIC PRINCIPLES:
1. June 12, 1945 qualifies possession and
occupation, not the land classification as A and D
1
 2. The agricultural land subject of application needs
only to be classified as A and D at the time of the
filing of the application PROVIDED the
applicant’s possession and occupation of the land
dates back to June 12, 1945 or earlier
3. PROOF TO SHOW THAT LAND IS A and D
a. CENRO and PENRO certificate that the land
is A and D; and
b. Certified true copy of the original
classification approved by the DENR Sec
4. Basic principle #3 was relaxed in the case of
Republic vs Go (2017) where it was discussed:
G.R. the court shall consider no evidence which
has not been formally offered
XPN: the Court may allow in certain cases
belated submission on appeal of DENR or
CENRO CERTIFICATE only on appeal
o Possession must be that of owner, and it must be
public, peaceful and uninterrupted. Acts of a
possessory character by virtue of a license or
mere tolerance are not sufficient.
o The present possessor may complete the period
for prescription by tacking his possession to that
of his grantor or predecessor-in-interest.
o It is presumed that the present possessor who
was also the possessor at a previous time has
continued to be in possession during the
intervening time.
2. 10 to 30 year period of prescription commences
only to run from the time it is declared as
patrimonial property
DISTINGUISH SEC. 14(1) AND SEC. 14(2)

14(1) 14(2)
SEC. 14 (2) Registration is based on Registration is based on
 Rule on prescription: possession prescription
a. Ordinary prescription – 10 years in good faith
Covered by PD 1529 and Covered by PD 1529 and
b. Extraordinary prescription – 30 years
CA 141 Civil Code
 The land must be patrimonial property for
prescription to apply. (Malabanan v. Republic, supra) 30 year period involves
 Lands of the public domain shall form part of the Period of prescription is extraordinary prescription
patrimonial property of the State when there is a without regard to Civil under Civil Code
declaration that: Code particularly Art. 1113 in
rel to Art. 1137
1. These are classified as agricultural land
2. These lands are alienable or disposable, and
3. Are no longer intended for public use or public
service.
 Only when such lands have become patrimonial can SEC. 14 (3)
the prescriptive period for the acquisition of the  Ownership of abandoned river beds by right of
property begin to run. accession:
 “The applicant must be able to show that the State, in o Under Article 461 of the Civil Code, river beds
addition to the said classification, expressly declared which are abandoned through the natural
through either a law enacted by Congress or a change in the course of the waters ipso facto
proclamation issued by the President that the subject belong to the owners whose lands are occupied
land is no longer retained for public service or the by the new course in proportion to the area lost.
development of the national wealth or that the However, the owners of the adjoining lands
property has been converted into patrimonial. shall have the right to acquire the same by
 Consequently, without an express declaration by the paying the value thereof.
State, the land remains to be a property of public o REASON: they are in the best position to utilize
dominion and, hence, not susceptible to acquisition the old river bed w/c is adjacent to their property.
by virtue of prescription.”
 BASIC CONCEPTS and PRINCIPLES
1. Concept of possession for purposes of
prescription

2
 The owners of the affected lands may not compel the
government to restore the river to its former bed, nor
can they restrain the government from taking steps to
revert the river or stream to its former courts.
o But the owners may themselves undertake the
reversion of the river to its original course, but
upon a permit issued by the government. (Art. 58,
PD 1067, Water Code)
o The ownership of the abandoned river bed is
transferred ipso facto to the owners whose
lands are occupied by the new course of the
river “to compensate for the loss of the land
occupied by the new bed.”
 Requisites for the application of Art. 461:
a. The change must be sudden in order that the old
river may be identified;
b. The change of the course must be more or less
permanent, and not temporary overflooding of
another’s land.
c. The change of the river must be a natural one, i.e.,
caused by natural forces (and not by artificial
means)
d. There must be a definite abandonment by the
government;
e. The river must continue to exist, i.e., it must not
completely disappear.
 Ownership by right of accretion
o Under Art. 457, CC, to the owners of land
adjoining the banks of rivers belong the
accretion which they gradually receive from the
effects of the current of the waters.
Justifications:
o To offset the owner’s loss for possible erosion
of his land due to the current of the river;
o To compensate him for his burdens arising
from the subjection of his land to encumbrances
or legal easements; and
o Owner is in the best position to cultivate it.
(Cortex v. City of Manila, 10 Phil. 567)
 The owner must register the accretion under the
Torrens system, otherwise the alluvial property may
be subject to acquisition through prescription by third
persons. (Grande v. Court of Appeals, 5 SCRA 524)
 The increment does not automatically become
registered land just because the lot which receives
such accretion is covered by a Torrens title. It must be
placed under the operation of the Torrens system.
(Cureg v. IAC, 177 SCRA 313)
 Requisites for the application Art. 457:
a. That the deposit be gradual and imperceptible;
b. That it be made through the effects of the current
of the water; and
c. That the land where accretion takes place is
adjacent to the banks of rivers.
 In the absence of evidence that the change in the
course of the river was sudden or that it occurred
through avulsion, the presumption is that the change
was gradual and caused by accretion and erosion.
 Alluvial formation along the seashore is part of the
public domain and, therefore, not open to acquisition
by adverse possession.
“Art. 4. Lands added to the shore by accretion
and alluvial deposits caused by the action of
the sea, form part of the public domain. When
they are no longer washed by the waters of the
sea, and are not necessary for purposes of public
utility, or for the establishment of special
industries, or for the coast-guard service, the
Government may declare them to be the property
of the owners of the estate adjacent thereto and as
an increment thereof.” (Spanish Law of Waters)
 Until a formal declaration by the government,
through the executive or legislature, that the alluvial
formation is no longer needed for coast guard service,
for public use or for special industries, the same
continues to be part of the public domain not available
for private appropriation of ownership.
 The land is not subject to ordinary prescription as it is
outside the sphere of commerce.
SEC. 14 (4)
 In Republic, rep. by the Mindanao Medical Center v.
Court of Appeals (GR No. L-40912, Sept. 30, 1976),
the SC held that Proclamation No. 350 legally
effected a land grant for medical purposes to the
Mindanao Medical Center validly sufficient for initial
registration under the Land Registration Act.
 What and where to file
o The application for land registration shall be filed
with the RTC of the province or city where the
land is situated. The applicant shall file together
with the application all original muniments of
titles or copies thereof and a survey plan of the
land approved by the Lands Management
Bureau. (Sec. 17, PD 1529)
o An application may include two or more parcels
of land belonging to the applicant/s provided they
3
 are situated within the same province or city.
(Sec. 18, ibid.)
 Amendments
o Amendments to the application including joinder,
substitution, or discontinuance as to parties may
be allowed by the court at any stage of the
proceedings upon just and reasonable terms.
o Amendments which shall consist in a substantial
change in the boundaries or an increase in area
of the land applied for or which involve the
inclusion of an additional land shall be subject
to the same requirements of publication and
notice as in an original application. (Sec. 19,
ibid.)
