PUBLIC LANDS and LAND PATENTS

Section 103. Certificates of title pursuant to patents. Whenever public

land is by the Government alienated, granted or conveyed to any
person, the same shall be brought forthwith under the operation of this
Decree. It shall be the duty of the official issuing the instrument of
alienation, grant, patent or conveyance in behalf of the Government to
cause such instrument to be filed with the Register of Deeds of the
province or city where the land lies, and to be there registered like other
deeds and conveyance, whereupon a certificate of title shall be entered
as in other cases of registered land, and an owner's duplicate issued to
the grantee. he deed, grant, patent or instrument of conveyance from
the Government to the grantee shall not take effect as a conveyance or
bind the land but shall operate only as a contract between the
Government and the grantee and as evidence of authority to the
Register of Deeds to make registration. It is the act of registration that
shall be the operative act to affect and convey the land, and in all cases
under this Decree, registration shall be made in the office of the
Register of Deeds of the province or city where the land lies. he fees
for registration shall be paid by the grantee. !fter due registration and
issuance of the certificate of title, such land shall be deemed to be
registered land to all intents and purposes under this Decree.
WHAT KIND OF LAND REISTRATION PROCEEDIN! "
!dministrative # !dministrative mode of $and Registration # allowed
under the %ublic $and !ct # all public patents and certificates of land
grants shall be effected as provided in section &'( after the registration
in the office of Reg. )f Deeds
CONSTI "Sec 3# A$t 1%
%rivate corporations or associations may not hold such alienable lands
of the public domain e*cept by lease, for a period not e*ceeding twenty"
five years, renewable for not more than twenty"five years, and not to
e*ceed one thousand hectares in area. +iti,ens of the %hilippines may
lease not more than five hundred hectares, or ac-uire not more than
twelve hectares thereof, by purchase, homestead, or grant.
T&'e( o) Land Patent( * Sec 11
.ection&&. %ublic lands suitable for agricultural purposes can be
disposed of only as follows, and not otherwise/
0&1 2or homestead settlement 3 grantee must be a 2il citi,en, legal age,
must comply with the conditions of residency and cultivation of the land,
area 3 not e*ceed &4 hectares
041 5y sale 3 applicant 3 not necessarily the person entitled to the
sales patent # auction sale # highest bidder/ purchaser 3
wheter applicant or not
6 .ales patent not given until payment of full price of the land. !nd the
fulfillment of the cultivation re-uirement
6R! 7(' 3 public lands suitable to residential purposes. 8a* area/ &'''
s-uare meters. 9egotiated sale
6!gricultural and Industrial. %ublic !uction .ale " necessary
0(1 5y lease
0:1 5y confirmation of imperfect or incomplete titles/
0a1 5y ;udicial legali,ation "<+)
0b1 5y administrative legali,ation 0free patent1.
Remedy " <+)

.%=+I!$ %!=9 3 refers only to the class of persons to whom it is
GR!9=D 3 non christian filipinos
R! &''4( 3 issuance of free patent to residential lands # .=+ &
.ection &. >ualifications. " !ny 2ilipino citi,en who is an actual occupant
of a residential land may apply for a 2ree %atent itle under this !ct/
%rovided? hat in highly urbani,ed cities, the land should not e*ceed two
hundred 04''1 s-uare meters? in other cities, it should not e*ceed five
hundred 0@''1 s-uare meters? in first class and second class
municipalities, it should not e*ceed seven hundred fifty 07@'1 s-uare
meters? and in all other municipalities, it should not e*ceed one
thousand 0&,'''1 s-uare meters? %rovided, further, hat the land applied
for is not needed for public service andAor public use.
R=>BIR=8=9 3 the applicant must be in possession and occupation
under a bona fide claim of ownership for at least &' years
the land once registered # registered lands # incontrovertible and
indeafisible after & year of issuance of patent # e-uivalent od decree of
reg. Issued in ;udicial $and reg proceedings
%B5$I+ $!9D !+/ Restricitions on lands a-uired through land patents.
hey cannot be alienated or encumbered within a period of @ years with
respect to homestead" 4@ years wAo approval of the sec. )f D=9R
!lienation 3 includes modes of voluntary alienation
=ncumbrance 3 mortgage 0voluntary transaction1
Bnderlying reasons/ based on the fundamental policy of the state to
preserve and keep the land on the family of the person or the grantee
8!9D!)RC %R)DI.I)9 3 violation renders the conveyance or
encumbrance void. %erson who ac-uired the land cannot validly ac-uire
it by prescription or laches # grantee may recover from the vendee/
e*emption on the rule of in pari delicto # protection is in the benefit of
the grantee of the public land.
!fter the period of restriction, grantee may sell or encumber the land.
Eowever, the grantee of the public land or the land patent has a @ year
right of redemption # may be e*ercised by heirs
"$and # mortgaged has been sold in an e*tra;udicial foreclosure sale
# right of redemption F years
effects of the ac-uisition, alienation or encumbrance of the public land/
6 in violation of the restriction against alienaion and emcumbranceshall/
" be unlawful and null and void from its e*ection
" produce the effect of annulling and cancelling the grant of the land
patent 3 not automatic
" cause the reversion of the property and its improvements to the state
RE+EDIES ,(-it o$ action(.
6 $e/e$(ion (-it 3 intended to revert to the state # +o cancelled 3
cancellation or annulment suit 3 filed at/ real land court 0G1 province or
city where the land is situated
ROUNDS0
6violation of restriction against alienation or encumbrance # effects
action is null and void H causes of the reversion of the prop to the state
6land is not registrable
6failure of the grantee to comply with the re-uirements prescribed by law
6area is an e*panded area 3 area not originally applied for
6violation of the consti 3 lands ac-uired by aliens or private corps
WHO +A1 FILE 3 .olicitor General
WHO CONDUCTS IN2ESTIATION 3 Director of $85
DEFENSES NOT A2AILBLE
prescription
laches
estoppel
!G!I9. E= .!=/ consideration of public policy
6 cance33ation (-it( 3 !pplies to/ patents issued or any private land/
remedy 3 action for cancellation of the title # Dir of $85 no ;urisdiction
or authority over the private land. %atent and +o persuant to the
issuance of such patent 39B$$ !9D D)ID. )wner of the prvate land
may file an action for cancellation of the title of the GR!9== of the
land patent
action )o$ $econ/e&ance * +o issued pursuant to a patent
may be a sub;ect for an action for reconveyance based on
I8%$I=D RB. 3 constituted on operation of law
CADASTRAL PROCEEDINS
" same as )$R e*cept it is involuntary
+adastral v )$R/ difference/ initiation on the filing of the case and filing
of answer
+o issued same as to )$R proceedings
+E!R!+=RI.I+. )2 +!D!.R!$ %R)+==DI9G.
;udicial 3 govt that files the petition
in rem
involuntary "govt that inititates the filing
persons claiming owenership over the land covered by the petition must
assert their claim or they lose their claim over the land 0land will be
declared as public land1# involuntary # file your claim to +!D!.R!$
+)BR
%urpose of +adastral proceedings/ !d;udicate title to lands
PREPARATOR1 STEPS
.=+I)9 (@
.ection (@. +adastral .urvey preparatory to filing of petition.
0a1 When in the opinion of the %resident of the %hilippines public interest
so re-uires that title to any unregistered lands be settled and
ad;udicated, he may to this end direct and order the Director of $ands to
cause to be made a cadastral survey of the lands involved and the plans
and technical description thereof prepared in due form.
0b1 hereupon, the Director of $ands shall give notice to persons
claiming any interest in the lands as well as to the general public, of the
day on which such survey will begin, giving as fully and accurately as
possible the description of the lands to be surveyed. .uch notice shall
be punished once in the )fficial Ga,ette, and a copy of the notice in
=nglish or the national language shall be posted 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. ! copy of the notice
shall also be sent to the mayor of such municipality as well as to the
barangay captain and likewise to the .angguniang %anlalawigan and
the .angguniang 5ayan concerned.
0c1 he Geodetic =ngineers or other employees of the 5ureau of $ands
in charge of the survey shall give notice reasonably in advance of the
date on which the survey of any portion of such lands is to begin, which
notice shall be posted in the bulletin board of the municipal building of
the municipality or barrio in which the lands are situated, and shall mark
the boundaries of the lands by monuments set up in proper places
thereon. It shall be lawful for such Geodetic =ngineers and other
employees to enter upon the lands whenever necessary for the
purposes of such survey or the placing of monuments.
0d1 It shall be the duty of every person claiming an interest in the lands
to be surveyed, or in any parcel thereof, to communicate with the
Geodetic =ngineer upon his re-uest therefor 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.
0e1 !ny person who shall willfully obstruct the making of any survey
undertaken by the 5ureau of $ands or by a licensed Geodetic =ngineer
duly authori,ed to conduct the survey under this .ection, 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.
PRODUCT OF THE CADASTRAL SURVEY CADASTRAL SURVEY
PLA ! TECH"CAL DESCR"PT"O
5. %=II)9? $) 9B85=R.
Section 34. %etition for registration. When the lands have been
surveyed or plotted, the Director of $ands, represented by the .olicitor
General, shall institute original registration proceedings by filing the
necessary petition in the +ourt of 2irst Instance of the place where the
land is situated against the holders, claimants, possessors, or
occupants of such lands or any part thereof, stating in substance that
public interest re-uires that the title to such lands be settled and
ad;udicated and praying that such titles be so settled and ad;udicated/
he petition shall contain a description of the lands and shall be
accompanied by a plan thereof, 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 or limits of the
various parcels as accurately as possible. he parcels shall be known
as IlotsI and shall on the plan filed in the case be given separate
numbers by the Director of $ands, which numbers shall be known as
Icadastral lot numbersI. he lots situated within each municipality shall,
as far as practicable, be numbered consecutively beginning with number
IoneI, and only one series of numbers shall be used for that purpose in
each municipality. Eowever 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.
he cadastral number of a lot shall not be changed after final decision
has been entered decreasing the registration thereof, e*cept by order of
court. 2uture 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. he letter with which a subdivision is
designated shall be known as its Icadastral letterI/ %rovided, however,
that the subdivisions of cities or townsites may be designated by blocks
and lot numbers.
A)te$ t5e )i3in6# )o33o7 t5e (te'( in OLR8 /o3-nta$& P$oceedin6(
+. !9.W=R "9!BR= )2 !+I)9 ) R=+)D=R )W9=R.EI% )
E= $!9D
.ection (7. !nswer to petition in cadastral proceedings. !ny claimant in
cadastral proceedings, whether named in the notice or not, shall appear
before the court by himself or by some other authori,ed person in his
behalf, 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. he answer
shall be signed and sworn to by the claimant or by some other
authori,ed person in his behalf, and shall state whether the claimant is
married or unmarried, and if married, the name of the spouse and the
date of marriage, his nationality, residence and postal address, and shall
also contain/
0a1 he age of the claimant?
0b1 he cadastral number of the lot or lots claimed, as appearing on the
plan filed in the case by the Director of $ands, or the block and lot
numbers, as the case may be?
0c1 he name of the barrio and municipality in which the lots are
situated?
0d1 he names and addresses of the owners of the ad;oining lots so far
as known to the claimant?
0e1 If the claimant is in possession of the lots claimed and can show no
e*press grant of the land by the government to him or to his
predecessors"in"interest, the answer shall state the length of time he
has held such possession and the manner in which it has been
ac-uired, and shall also state the length of time, as far as known, during
which the predecessors, if any, held possession?
0f1 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 ac-uisition?
0g1 if the lots have been assessed for ta*ation, their last assessed value?
and
0h1 he encumbrances, if any, affecting the lots and the names of
adverse claimants, as far as known.
D. E=!RI9G? <BDG8=9? D=+R==
.ection (J. Eearing, <udgment, Decree. he trial of the case may occur
at any convenient place within the province in which the lands are
situated and shall be conducted, and orders for default and confessions
entered, in the same manner as in ordinary land registration
proceedings and shall be governed by the same rules. !ll conflicting
interests shall be ad;udicated 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 and shall have the same effect as certificates of title
granted on application for registration of land under ordinary land
registration proceedings.
%)W=R. of the +!D!.R!$ +)BR
&. ad;udicate ownership of the land in favor of one more of the claimants
4. after the finality of the ;udgment, order that the dec of reg be issued
by the !dministrator of the $R! together with the corresponding +o
(. perform the ff/
"declare the lands as public lands 3 if no claimant )R if there
is a claimant does not prove ownership over the land
"rule on the authenticity of the +o purportedly issued to the
land
"order the correction of the technical Description
" resolve priority over land titles which authori,es +adastral
court to ad;udicate all conflicting claims 0.=+ (J1
R=8=DI=. of cadastral proceedings K remedies of )$R
=9DIR)98=9!$ $!W
%rotection, preservation and development of the environment is dictated
by man's selfless need to sustain life and provide a balanced ecology of
the present and future generations.
t#e $a% &oul$ not 'e too far &#en all else &oul$ 'e lost not onl% for t#e
present (eneration) 'ut also for t#ose to co*e + (enerations &#ic#
stan$ to in#erit not#in( 'ut parc#e$ eart# incapa'le of sustainin( life.
=9DIR)98=9 3 is the aggregate of the surroundings, things,
conditions and influences or the settings affecting or shaping the lives of
persons or occupation
"covers the e*ternal conditions or surroundings especially those in wAc
people live or work in
"natural, physical, social, and cultural forces that shape that life of
person or population
"state or sense of nature in which a person or thing lives
=+)$)GC 3 refers to the air,. Water, minerals, organisms and all
e*ternal factors surrounding and affecting a given organism at any time
"e*ternal surrounding is a plant or animal lives wAc twnd to influence its
growth development and behavior
=9DIR)98=9!$ $!W "collective term describing theinternational
treaties conventions statutes regulations and common law of national
legistlation where applicable that operates or regulate interaction of
humanity and the natural environment toward the purpose of reducing
the impacts of human activity
topic/ divided into/ %)$$BI)9 +)9R)$ and
R=8=DI!I)9 H R=.)BR+= +)9.=RD!I)9 and
I9DIDIDB!$ =LE!B.I)9
%hil resources 3 elite list of mega diversity countries
land area (''''' s-aure km
biggest island group lu,on
%hilippine .ea to the east, the .outh +hina .ea to the west, and the
+elebes .ea to the south.
Wet 3 ;une to november
dry 3 december to may
problems/
"how to manage resources
" adaption that will address the envi problems