Applicants under 14(1) of PD 1529 in relation to sec 48(b) of CA 141 acquire

ownership of, and registrable title to, such lands based on the length and quality of their
possession. It is sufficient that the land be declared alienable and disposable at the time of
the filing for the application for judicial confirmation of imperfect title and the land need
not be alienable and disposable during the entire period of possession.
B. Prescription
Applicants who have acquired ownership of private lands by prescription under the provisions of the Civil
Code. (Sec. 14(2), P.D. 1529) Possession has to be in the concept of an owner, public, peaceful and
uninterrupted. (Article 1118, NCC). Ownership is acquired through uninterrupted adverse possession for
thirty years, without need of title or of good faith. (Article 1137, NCC)
Lands of the Public Domain are outside the commerce of man and consequently cannot be acquired
through prescription.
Heirs of Malabanan v. Republic***
Under 14(2) of PD 1529, applicants acquire ownership of the lands through
prescription in the Civil Code. However, the applicants may only acquire patrimonial
lands of the public domain, which only become such after they have been declared
alienable and disposable and there must also be an express government manifestation that
the property is already patrimonial or no longer retained for public service or the
development of national wealth under Article 422 of the Civil Code. Only when the land
has become patrimonial property can the prescriptive period for the acquisition of
property of the public dominion begin to run.
Other Notes:
1. Where the land is owned in common, all the co-owners shall file the application jointly.
2. If the applicant is not a resident of the Philippines, he shall file with his application an instrument in
due form appointing an agent upon whom service shall be made.
3. Applications for judicial confirmation of imperfect through possession shall not extend beyond
December 31, 2020.