LAND TITLES AND DEEDS

P.D. 1529 - Property Registration Decree (June 11, 1978)

- Judicial proceedings shall be in REM

- Based on the principles of Torrens System

- RTC has the exclusive jurisdiction over all applications for original registration of titles to
lands

1) Regalian doctrine declares that all lands and all other natural resources are owned by the
State

2) Concept of JURA REGALIA

Theory of Feudal System

- titles to all lands was originally held by the King, and while the used of the lands was granted
out to others who were permitted to hold them under certain conditions, the King
theoretically retained the title

- Capacity of the state to own/acquire property

Case: CARIO vs INSULAR GOVERNMENT

EXCEPTION to the theory of Jura Regalia:

- the institutionalized recognition of the existence of native title to land/ownership of land by

Filipinos by virtue of possession under a claim of ownership since time immemorial and
independent of any grant from the Spanish Crown

Background of the Torrens system of Registration

-Mr. (afterwards Sir Robert) Torrrens (a layman from South Australia, 1857)

- Torrens systems generally are meant those systems of registration of transactions with
interest in land whose declared object is (under governmental authority)

- a) to establish & certify to the ownership of an absolute and indefensible title to realty, and

b) simplify the transfer

- requires that the government issue an ocial Certificate of Title attesting to the fact that the
person named is the owner of the property described therein, subject to such liens and
encumbrances as there on noted or the law warrants/reserves

Purpose of the Torrens System

Case: Lapegarda vs Saleeby

- to quiet the title to land; to out a stop forever to any question of the legality of the title

*A Torrens title is conclusive evidence w/ respect to the ownership of the land described
therein

Registration is NOT a mode of acquiring ownership

-it is merely a procedure to establish evidence of the title over realty

-merely confirms/records a title already existing and vested

DISTINCTION: Title & Certificate of Title

TITLE

- lawful cause/ground of possessing that which is ours

- foundation of ownership of property, real/personal

CERTIFICATE OF TITLE

- merely evidence of ownership (not a source of right)

- Under the Torrens System may be ORIGINAL CERTIFICATE OF TITLE

- constitutes true Copy of the Decree of Registration or a TRANSFER OF CERTIFICATE OF

TITLE

- issued subsequent to the original registration

NOTE:

*Torrens System aims to avoid possible conflicts of title to real estate and to facilitate
transactions relative thereto

LEGISLATION ON LAND REGISTRATION

1) PUBLIC LAND ACT (C.A. No. 141) NOV. 7, 1936

- amended the 1st & 2nd Public Land Acts (Act No. 926 & 2874) which prescribed rules &a
regulations for the disposition of land of the public domain and for the cancellation or
confirmation of Spanish titles

- contains provisions on the dierent modes of government grants

- Applies to lands of the public domain which have been declared open to disposition/
concession & ocially delimited and classified

WHO MAY APPLY FOR JUDICIAL CONFIRMATION OF IMPERFECT INCOMPLETE

TITLES: Section 48 (b&c)

- Those who by themselves or through their predecessors in interest have been in:

OPEN, CONTINUOS, EXCLUSIVE, & NOTORIOUS (OCEN) POSSESSION &

OCCUPATION of alienable &a disposable lands of the public domain under bonafide
claim of acquisition/ownership since June 12, 1945

EXCEPTION: When prevented by war or force majeure

- Members of the national culture minorities

Act No. 926 (1st Public Land Act) pursuance to the provisions of the Phil Bill of 1902

- governed the disposition of lands of the public domain

- Provided for the issuance of patents to certain native settlers upon public lands

- Provided for the cancellation/confirmation of Spanish concessions and grants in the

islands

*Public land - all lands of the public domain whose title still remained in the government
and are thrown open to private appropriation and settlement and and excluded the
patrimonial property of the government and the friar lands.

Act No. 2874 (2nd PLA) under the Jones Law

- more comprehensive in scope but limited the exploitation of agricultural lands to

Filipinos & American citizens of other countries

2) THE LAND REGISTRATION ACT (Act No. 496) Jan 01, 1903

- established the Torrens System of registration in the country

 - Created a court called the Court of Land Registration which had exclusive jurisdiction
over all applicants for registration and with power to hear &a determine all questions
(limited jurisdiction)

- Provided for an Assurance Fund to pay for the less & damage sustained by any person
who, without negligence on his part is wrongfully deprived of any land/interest therein on
account of the bringing of the same under Torrens system of registration

3) THE CADASTRAL ACT (Act No. 2259) Feb 11, 1913

- provides the framework for cadastral proceedings

- settlement and adjudication of unreg. land when in the opinion of the Pres.,the public
interest requires

- In REM, binding upon the whole world

- the Director of Lands will be ordered by the Pres. to make a survey with notice to all
persons claiming interest therein

4) THE PROPERTY REGISTRATION DECREE (P.D. No. 1529) June 11, 1978

- superseded all other laws relative to reg. of property

- RTC has exclusive jurisdiction over all applications for reg.

- RTC of the city/province where the land lies and in proper cases, 1st level courts, exercise
jurisdiction over applications for registration and all subsequent proceedings relative
thereto, subject to judicial review

- Codified all laws relative to the reg. of lands

Jurisdiction over the res is acquired by giving the public notice of initial hearing by
means of: Constructive seizure/possession

a) Publication b) Mailing c) Notice

Who may apply for registration & the conditions necessary: (Sec 14 par 1-14):

1) Those who by themselves/through their predecessors-in-interest have been in OPEN,

CONTINUOS, EXCLUSIVE & NOTORIOUS possession and occupation of alienable and
disposable lands of the public domain under bonafide claim of ownership since June 12,
1945

2) Those who acquired ownership of private land by PRESCRIPTION under the provisions
of existing laws

3) Those who have acquired ownership of land in ANY MANNER PROVIDED BY LAW

Procedure for application for registration:

Shall be files with the RTC of the province or city where the land is situated.

NOTES:

- Decree of Registration binds the lands & quiets title thereto, subject only to such
exceptions/liens as may be provided by law

- Registration under he Torrens System is a proceeding in REM and jurisdiction in REM

cannot be acquired unless there be Constructive Seizure of the land

- IN REM (when the object of the action is to bar indierently all who might be minded to
make an objection of any sort against the right sought to be established & if any one in
the world has a right to be heard on)

 - IN PERSONAM (technical object is to establish a claim against some particular person

with a judgment which generally in theory at least binds his body or to bar some individual
claim/objection so that only certain persons are entitled to be heard in defense

RTC have plenary jurisdiction over land registration cases

- jurisdiction is conferred by Sec 2, PD 1529

- Jurisdiction over petitions for Amendments of Certificate of Title is provided by Sec 108

- Includes improvements and interests therein & overall petitions filed after original
registration of title w/ power to hear & determine all questions arising upon applications/
petitions

EXCEPTION: delegated jurisdiction of inferior courts

The Judiciary Reorganization Act of 1980 (Sec 34 BP Blg. 129) as amended by RA

7691

- grants the 1st level courts MeTCs, MTCCs, MTCs, MCTCs (appealable to the CA)

- delegated jurisdiction to hear & determine cadastral/land registration cases in

following circumstances:

a) lot sought to be registered is NOT the subject of controversy/opposition (hardly

invocable since the government is almost always an opposition in land
registration proceedings)

b) Lot is contested but value does NOT exceed 100K, to be ascertained by the
adavit of the claimant/by agreement of the claimants if there be more than 1,
or from tax declaration of the real property

Case: Junio v De los Santos

Doctrinal jurisprudence holds that the RTC, as Land Registration Court, can hear cases
otherwise litigable only in ordinary civil actions, since RTCs are at the same time courts of
general jurisdiction and could entertain and dispose of the validity or invalidity of
respondents adverse claim, with a view to determining whether petitioner is entitled or not
to the relief that he seeks. That doctrine is based on expediency.

Case: Arceo v CA

PRD Sec 2 has eliminated the distinction between the general jurisdiction conferred upon it
by the former law when acting merely as cadastral court. The amendment was aimed at
avoiding multiplicity of suits and change the simplified registration proceedings.

Case: De Los Angeles v Santos

Registration court is not divested of its jurisdiction by administrative act for the issuance of
patent.

The Director of Lands jurisdiction, administrative supervision & executive control extend
only to lands of the public domain and not to lands already of private ownership.
Accordingly, a homestead patent issued over land not of the public domain is a nullity,
devoid of force and eect against the owner.

Jurisdiction in civil cases involving title to property

Pursuant to Sec 19(2) of BP Blg. 129, as amended:

RTC shall have exclusive original jurisdiction in all civil actions which involve the title thereto,
for assessed value of property > 20K

Metropolitan Manila > 50K, EXCEPT: actions for forcible entry into unlawful detainee of
Lands/buildings (MeTC,MTC,MCTC)

What determines jurisdiction?

 Allegations in the complaint and the relief prayed for.

Venue:

> Actions aecting title to our possession of real property, or an interest therein (Real Actions),
shall be commenced and tried in the proper court which has (territorial) jurisdiction over the
area where the property involved, or a portion thereof, is situated.

> All other actions (Personal Actions) - where the plainti or any of the principal plainti resides,
or where the defendant or any of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of the plainti.

SECTION 3. Status of other pre-existing land registration system

The system of registration under the Spanish Mortgage Law is hereby discontinued and all
lands recorded in the system which are not yet covered by Torrens title shall be considered as
unregistered lands. (Recording under SML was practically nil and has become obsolete.

Spanish titles no longer used as evidence of land ownership

Royal grants and concessions in various forms:

a) titulo real/ royal grant

b) Concession special / special grant

c) Compocision con el estado title/ adjustment title

d) Titulo de compra/ title by purchase

e) Information prossessoria/ possessory information title

f) Titulo gratuito / gratitous title

Spanish titles may be lost through prescription. Not being indubitable evidence of
ownership. Thus, they're neither indefeasible nor imprescriptible.

By express provision of PD no. 892, Spanish titles may no longer be used as evidence of
land ownership in all registration proceedings.

Reason: the proliferation of dubious Spanish titles which have raised conflicting claims of
ownership and tended to destabilize the Torrens System of registration.

Case: Intestate estate of Don Mariano San Pedro vs CA

> the most fantastic land claim in the history of the Phil according to SC

> the heir claims based on a Spanish Title- Titulo de Propriedad no. 4136 (April 25, 1894).

> vast track land of approximately 173K hectares which cover lands in the provinces and
Metro Manila cities aecting general lands

> SC declared Titulo de Propriedad=INVALID, ground of inaction,laches &/prescription

> Lower court by Judge Agustin Bagasao holding it as valid, true and lawful heirs of
deceased Don Mariano San Pedro y Estaban and entitle to inherit the intestate estate left
by the deceased

Registration of instruments aecting titled lands under Act. no. 3344 ineective
against 3rd persons

Case: Naawan Community Rural Bank vs CA

> court upheld the better right of a party who had registered the sale of land under the
PRD, as opposed to another who had registered a deed of final conveyance under Act.
No 3344.

> registration should be made in proper registry to be binging upon 3rd persons

CHAPTER 2
THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF DEEDS

SECTION 4. Land Registration Authority (E.O. no. 30)

- under the executive supervision of the DOJ.

SECTION 5. Ocials and Employees of the Authority

> Administrator (chief)
- appointed by the President

- Qualified member of the Phil Bar w/ at least 10years of practice in the legal profession

- Shall have the same rank and privileges as those of a Judge of the RTC

> Deputy Administrator of Land Registration (assistant chief)

- same qualifications as those of the Administrator

- Compensation which shall be 3K per annum less than that of the Administrator

SECTION 6. General Functions

LRA shall have the functions:

a) extend speedy and eective assistance to the DAR, Land Bank and other agencies in
the implementation of the land reform program of the government

b) extend assistance to courts in ordinary and cadastral land registration proceedings

c) Be the central repository of records relative to original registration of Lands titled under
the Torrens System, including subdivision and consolidation plans of titled lands.

LRC has been renamed LRA (E.O. 292 aka Administrative code of 1987)

> June 17, 1954, RA 1151

1) Exercised supervision and control over all Register of Deeds as well as the

2) Clerical and archival system of the CFI/RTC throughout the Phil with reference to the
registration of Lands

> 1 Administrator & 2 Deputy Administrators all appointed by the President and upon
recommendation by the Secretary of Justice

LRA (Pangasiwaan sa Patalaan ng Lupain)

- the central repository of records relative to original registration of Lands titled under the
Torrens System, including subdivision and consolidation of plans of titled lands

Functions of the Administrator

a) Issue decrees of registration pursuant to final judgment of the courts in land registration
proceedings and cause the issuance by the Registers of Deeds of the corresponding
certificates of title

b) Exercise supervision and control over all Registers of Deeds and other personnel of the
Commission

c) Resolve case elevated en consulta by, or an appeal from decision of, Register of Deeds

d) Exercise executive supervision over all clerks of court and personnel of the RTC through
the Phil w/ respect to the discharge of their duties and cut ions in relation to the
registration of Lands

e) Implement all orders, decisions, and decrees promulgated relative to the registration of
lands and issue, subject to the approval of the Secretary of Justice, all needful rules and
regulations therefor

 f) Verify and approve subdivision, consolidation, and consolidation subdivision survey

plans of the properties titled under Act. 496 except those covered by PD 957

LRA ADMIN, as executive ocer with judicial rank

> Noblejas vs Teehankee - functions are plainly executive and subject to Presidents
power of supervision and control. Investigated and removed only by the Pres, not by SC

Duty of LRA to issue decree ministerial

EXCEPTION: where they find that it would result in double titling of the same parcel of
land - refer to court as ocials of the court

> they act under the orders of the court and the decree must be in conformity with the
decision of the court and with the data found in the record

IF IN DOUBT upon any point in relation to the preparation and issuance of the decree, its
their duty to refer the matter to the court

SECTION 7. Oce of Register of Deeds

> at least 1 Register of deeds for each province

> 1 for each city

- Every registry with a yearly average collection of >60K pesos (during the last 3yrs) =
1Deputy register of deeds

- > 300K pesos = 2 Deputy Register of deeds

1. Registry of Property

- registration of instruments aecting registered land must be done in proper registry, in

order to aect and bind the land and , thus, operate as constructive notice to the
world. (PD no. 1529) no deed, mortgage, lease or other voluntary instument - except
a will -purporting to convey or aect registered land shall take eect as a conveyance
or bind the land until its registration. Thus if not registered, it's binding only between
the seller and the buyer but it doesn't aect innocent 3rd persons.

- CC Art. 708, provides for the establishment of a Registry of Property which has for its
object the inscription or annotation of acts and contracts relating to the ownership and
other rights over immovable property.

- Original copy of the original certificate of title shall be filed in the Registry of Deeds

2. Meaning of registration

- entry of instruments or deeds in a book or public registry

- Including both registration in its ordinary and strict sense and cancellation, annotation,
and even the marginal notes,

- (Strict acceptation) it's the entry made in the Registry which records solemnly and
permanently the right of ownership and other real rights

3. Eect of registration

- registration in the public registry is notice to the whole world

- Constructive notice to all persons

- BUT it does not add to its validity nor converts an invalid instrument into a valid one

- Thus, between 2 buyers of the same immovable property registered under the Torrens
System,the law gives ownership priority to: (doesn't apply if not reg. under Torrens title)

1) the first registrant in good faith

2) Then, the first possessor in good faith

3) Finally, the buyer who in good faith presents the oldest title

SECTION 8. Appointment of Register of Deeds and their Deputies and other subordinate
personnel; salaries

 > Register of Deeds - appointed by the President upon recommendation by the Sec of
Justice

> Deputy Registers of Deeds and all other subordinate personnel of Registries of Deeds-
appointed by the Secretary of Justice upon the recommendation of the Commissioner/
Administrator of Land Registration

Salaries of Registers of Deeds and their Deputies:

1)1ST CLASS REGISTRIES -3,400 peso/ annum less than that of Deputy Commissioner

2) 2ND CLASS - 3,400 peso per annum less than those of Registers of Deeds in 1st class

3) 3RD CLASS - 3,400 peso per annum less than those of registers of Deeds in 2nd class

4) Deputy Registers of Deeds and 2nd DRD - 3,400 per annum less than those of their
corresponding Registers of Deeds and Deputy registers if Deeds

SECTION 9. Qualifications of Registers of Deeds and Deputy Registers of Deeds

REGISTER OF DEEDS

> must have been admitted to the practice of law in the Phil and shall have been engaged in
such practice for at least 3 years or has been employed for a like period in any branch of
government the functions of which include the registration of property

DEPUTY REGISTER OF DEEDS

> member of the Phil Bar

SECTION 10. General functions of Registers of Deeds

- constitutes a public repository of records of instruments aecting registered/ unregistered

lands and chattel mortgages in the province or city wherein such oce is situated

Duty of Register of Deeds to register, ministerial

- RoD perform both functions of an administrative character and functions which are at
least of a quasi-judicial nature

- RoD with reference to the reg of deeds, encumbrances, instruments and the like is
ministerial in nature

- He may not validly refuse to register a deed of sale presented to him for registration

- Whether a doc is valid/not is not for him to determine, this function belongs to a court of
competent jurisdiction

- Registration must first be allowed and the validity or eect thereof litigated afterwards

Instances where RoD may deny registration

1) Where there are several copies of the title (co-owners duplicate) but only Is presented
with the instrument to be registered

2) Where the property is presumed to be conjugal but he instrument of conveyance

bears the signature of only one spouse, (only proof of acquisition during the marriage
is necessary to raise the presumption that the property is conjugal.

3) Where there is a pending case in court where the character of the land and validity of
the conveyance are in issue.

4) Where required certificates/documents are not submitted (DAR clearance, BIR etc)

Doubtful questions shall be submitted to the LRA ADMIN for the resolution

But mandamus does not lie to compel the Register of Deeds to make registration. The
administrative remedy must be resorted to by the interested party before he can have
recourse to the courts.

SECTION 11. Discharge of duties if Register of Deeds in case of vacancy, etc.

 a) 1 for the province/city where there is a Deputy Register of Deeds, by said Deputy
Register of Deeds, or by the 2nd DRD

b) For the province/city where there is deputy/2nd DRD, by the provincial/city fiscal or nay
assistant fiscal designed by the Provincial or City Fiscal or any assistant Fiscal

UNLESS the secretary of Justice designates another ocial to act temporarily

SECTION 12. Owners index; Reports (index system)

*The RoD shall submit to the LRA within 10days after the month to which they pertain his
monthly reports on collections and accomplishments. He shall also submit at the end of
December of each year, an annual inventory of all titles and instruments in the Registry.

SECTION 13. Chief Geodetic Engineer

-shall be the technical adviser of the LRA on all matters involving surveys and shall be
responsible to him for all plats, plans and works requiring the services of a geodetic
engineer

Importance of a survey plan

Survey is the process by which a parcel of land is measured and its boundaries and
contents ascertained; also a map, plat or a statement of the result of such survey, with the
courses and distances and the quantity of the land

- serves to establish the true identity of the land to ensure that it doesn't overlap a parcel of
land or a portion thereof

Only the Lands Management Bureau has the authority to approve original survey plans
for registration purposes

- need to centralize in one agency,

- The function of verifying and approving original survey plans for all purposes in order to
assure compliance with established standards and minimize irregularities in the execution
of land surveys

CHAPTER 3
ORIGINAL REGISTRATION

I. ORDINARY REGISTRATION PROCEEDINGS

A. APPLICATIONS
SECTION 14. Who may apply in the RTC whether personally or duly authorized reps:

1) Those who by themselves or through their predecessors in-interest have been in OPEN,
CONTINUOUS, EXCLUSIVE and NOTORIOUS POSSESSION & OCCUPATION of alienable
and disposable Lands of the public domain under a bona fide claim of ownership since
June 12, 1945

2) Acquired ownership of private lands by PRESCRIPTION under the provisions of existing

laws

3) Acquired ownership of private lands or abandoned river beds by RIGHT OF ACCESSION/

ACCRETION under existing laws

4) Acquired ownership of land in any manner provided for by law

*Where the land is owned in common, all the co-owners shall file the application JOINTLY

*Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the period for
redemption expire during the pendency of the registration proceedings and ownership to the
property consolidated in the vender a retro, the latter shall be substituted for the applicant and
may continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in trust by
him, unless prohibited by the instrument creating the trust.

Laws governing land registration

1) Public Land Act (CA no. 141) Dec 01, 1936

- governs the judicial confirmation of imperfect/incomplete titles on the basis of possession

and occupation of alienable portions of the public domain in the manner and for the
length of time required by law. Relevant provisions: Sec 47-57, Chap 8

2) Property Registration Decree (PD no. 1529) June 11, 1978

-codification of all laws relative to registration of property, and supersedes all other laws
relative to registration of property. It has substantially incorporated the provisions of Act no
496, or the Land Registration Act. Sec 14, par 1-4

3) Cadastral Act (Act no. 2259) Feb 11, 1913

- ospring of the system of registration under the LRA

- aims to serve public interests by requiring that the title to any lands be titled and
adjudicated

4) Indigenous Peoples Rights Act (RA No 8371) Oct 29, 1997

- recognizes the rights of ownership and possession of indigenous cultural communities or

indigenous people (ICCs/IPs) to their ancestral domains and ancestral lands on the basis
of native title

Registration proceedings are Judicial and in REM; distinguished from proceedings in

personam and quasi in REM.
In REM - binds the whole world

In PERSONAM - a proceeding to enforce personal rights and obligations against a person,

although it may involve his right to, or the exercise of ownership of, specific property.
(Actions for recovery of real property

Quasi in REM- deal with the status, ownership or liability of a particular property but which
are intended to operate on these questions only as between the particular parties to the
proceedings and not to ascertain or cut o the rights or interests of all possible claimants.
Judgments are binding only upon the parties who joined in the action.

Trustee may apply for registration on behalf of his principal

*Trustor - person who establishes a trust

*Trustee - one in whom confidence is deposed as regards property for the benefit of another

*Beneficiary/Cestui que trust - person for whose benefit the trust has been created

Registration requirement under Sec 14 of PRD

A) the land applied for is an agricultural public land already classified as alienable &a
disposable land at the time of the filing of the app for reg

B) OCEN possession & occupation of the land under bonafide claim ownership

C) Possession & occupation must have commenced since June 12, 1945 or earlier

Case: Malabanan vs Republic

The court nevertheless sustained the dismissal of the application for reg for the reason that:

No substantive evidence that Malabanan/petitioners as his predecessors-in-interest have

been in possession of the property since June 12, 1945 or earlier

-The tax declarations they presented in particular is to the year 1948

- government is still reserving the right to utilize the property

*Executive Department is vested with the authority to classify lands if the public domain

CLASSIFICATION OF LANDACCNG TO OWNERSHIP

PUBLIC DOMINION

- intended for public use

- Belongs to the state w/o being used for public and is intended for some public service/for
the development of the national wealth

OF PRIVATE OWNERSHIP

- belongs to a private individual

PATRIMONIAL PROPERTY

- belonging to the State that is not of such character but no longer intended for public use/
service

CLASSIFICATION ACCNG TO ALIENABILITY 1987 Consti

1) Agricultural

2) Forest/timber

3) Mineral

4) National parks

Classification is done exclusively by and through Positive act of the Executive Dept

Possession - broader than occupation because it includes constructive possession

Occupation - serves to highlight the fact that for an application to quality, possession MUST
NOT be a mere fiction

*Properties of public dominion cannot be acquired through prescription.

EXCEPTION: Where the law itself so provides

Patrimonial property of the State may be the subject of acquisition through prescription

QUESTION:

Did the enactment of the PRD and the amendatory PD No 1073 preclude the application for
alienable lands of the public domain, possession over which commenced only after JUNE
12, 1945?

Malabanan vs Republic

> IT DID NOT, considering Sec 14(2) of the Decree which governs aid and authorizes the
application of those who have acquired ownership of private lands by prescription under the
provisions of existing laws

General rule: Prescription doesn't run against the State

Exception: where a law itself provides

Example: sec 14 (2) which specifically allows qualified individuals to apply for the registration
of property, ownership of which he has acquired by prescription under existing laws

SEC 14(1)

- covers alienable & disposable Land

SEC 14(2)

- private property

- Thus where the land is already a private land, the applicant has the right to register the
same under this provision even if the possession thereof for the required prescriptive
period commenced on a date later than June 12, 1945

*the distinction between the 2 provisions lies with the inapplicability of prescription to
alienable and disposable lands

2 KINDS OF PRESCRIPTION by which patrimony property may be acquired:

> ORDINARY ACQUISITIVE PRESCRIPTION- a person acquires ownership of a patrimonial

property for at least 10years in good faith and with just title

> EXTRAORDINARY ACQUISITIVE PRESCRIPTION - a persons uninterrupted adverse

possession of patrimonial prop for at least 30 years regardless of good faith or just title