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PD No. 1529 (Property Registration Decree) issued on June 11, 1978 covers both Lands of the public domain are classified into (1) agricultural, (2) forest or timber,
ordinary and cadastral registration proceedings, and supersedes Act No. 496 (Land (3) mineral lands, and (4) national parks. With the exception of agricultural lands, all
Registration Act) which took effect on February 1, 1903. Act No. 2259, or the other natural resources shall not be alienated.29
Cadastral Act, governs cadastral proceedings.
Sec. 48(b) of CA 141, as amended, applies exclusively to alienable and disposable
Section 48(b), CA No. 141 (Public Land Act) governs the procedure for the judicial public agricultural land. Possession of inalienable public lands, no matter how long,
confirmation of imperfect of incomplete titles over public lands. cannot ripen into private ownership.
JURISDICTION SEC. 9. For the purpose of their administration and disposition, the lands of the
public domain alienable or open to disposition shall be classified, according to the
Regional Trial Courts have plenary jurisdiction over land registration proceedings
use or purposes to which such lands are destined, as follows:
and over all petitions filed after original registration of titles.23 The registration
court may now hear both contentious and non-contentious cases.24 But first level (a) Agricultural;
courts may be delegated by the Supreme Court to hear and decide cadastral and
(b) Residential, commercial, industrial, or for similar productive purposes;
land registration cases (a) covering lots without controversy or opposition, or (b)
contested lots where the value does not exceed P100,000.00.25 Appeal is taken to (c) Educational, charitable, or other similar purposes; and
the Court of Appeals. All petitions or motions after original registration shall be
(d) Reservations for town-sites and for public and quasi-public uses. (CA No. 141 or
filed and entitled in the original case in which the decree of registration was
the Public Land Act).
entered.26 Section 19 of BP Blg. 129 confers jurisdiction on the RTC over all civil
actions which involve the title to or possession of, real property or any interest ILLUSTRATIVE CASE: CLASSIFICATION OF BORACAY ISLAND
The case of Secretary of the Department of Environment and Natural Resources v. entities are not only subject to real estate tax, they can also be sold at public auction
Yap30 illustrates the classification by Presidential fiat of Boracay Island in the to satisfy the tax delinquency.33
Municipality of Malay, Aklan. On May 22, 2006, during the pendency of the case,
In Laurel v. Garcia,34 the executive department attempted to sell the Roppongi
President Arroyo issued Proclamation No. 1064 classifying Boracay Island into 400
property in Tokyo, Japan, which was acquired by the Philippine government for use
hectares of reserved forest land (protection purposes) and 628.96 hectares of
as the Chancery of the Philippine Embassy. Although the Chancery had transferred to
agricultural land (alienable and disposable).
another location thirteen years earlier, the Court ruled that, under Article 422 of the
Under PD No. 705, or Revised Forestry Code, all unclassified lands are considered Civil Code, property of public dominion retains such character until formally declared
public forest. PD No. 705, however, respects titles already existing prior to its otherwise. Foreshore lands, or that part of the land adjacent to the sea which is
effectivity. alternately covered and left dry by the ordinary flow of the tides, belong to the
State.35 They can only be disposed of under a foreshore lease or revocable permit
application filed with the Lands Management Bureau.
NON-REGISTRABLE PROPERTIES
In the case of Republic v. Court of Appeals and Republic Real Estate Corporation,36
Property is either of public dominion or of private ownership.31 The following the Court held that foreshore lands are lands of public dominion intended for public
things are property of public dominion: use. So too are lands reclaimed by the government by dredging, filling, or other
means. In Chavez v. Public Estates Authority,37 Justice Carpio gives an enlightening
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and
historical background of foreshore and reclaimed lands and the development of the
bridges constructed by the State, banks, shores, roadsteads and others of similar
law governing such lands.
character;
In Republic v. Court of Appeals and Morato,38the Court held that when the sea
(2) Those which belong to the State, without being for public use, and are intended
moved towards the estate and the tide invaded it, the invaded property became
for some public service or for the development of the national wealth.32
foreshore land and passed to the realm of the public domain.
The following properties are outside the commerce of men and may not be
Only when actually reclaimed from the sea can submerged areas be classified as
disposed of or registered: lands for public use or public service, forest lands, mineral,
public agricultural lands, which under the Constitution are the only natural resources
foreshore lands, swamplands, mangrove lands, watershed, rivers and creeks,
that the State may alienate. Once reclaimed and transformed into public agricultural
seashore, reclaimed and public reservation.
lands, the government may then officially classify these lands as alienable or
disposable lands open to disposition. Thereafter, the government may declare these
lands no longer needed for public service. Only then can these reclaimed lands be
considered alienable or disposable lands of the public domain and within the
Properties of public dominion are not only exempt from real estate tax, they are commerce of man.39
exempt from sale at public auction. But portions of the properties leased to taxable
Forest and mineral lands are public lands not subject to private ownership. and ownership over Fort Bonifacio. To segregate portions of the public domain as a
Subsequent release of forest lands as A and D lands does not validate the grant.40 military reservation, all that is needed is a presidential proclamation to that effect.
In Republic v. Southside Homeowners Association, Inc.,46 it was held that a
military reservation, like the FBMR, or a part thereof is not open to private
A forested area classified as forest land of the public domain does not lose such
appropriation or disposition and, therefore, not registrable, unless it is in the
classification simply because loggers or settlers may have stripped it of its forest
meantime reclassified and declared as disposable and alienable public land. And
cover. Parcels of land classified as forest land may actually be covered with grass or
until a given parcel of land is released from its classification as part of the military
planted to crops by kaingin cultivators or other farmers. Forest lands do not have to
reservation zone and reclassified by law or by presidential proclamation as
be on mountains or in out of the way places. Swampy areas covered by mangrove
disposable and alienable, its status as part of a military reservation remains, even if
trees, nipa palms, and other trees growing in brackish or sea water may also be
incidentally it is devoted for a purpose other than as a military camp or for defense.
classified as forest land. The classification is descriptive of its legal nature or status
and does not have to be descriptive of what the land actually looks like. Unless and Navigable rivers cannot be appropriated and registered,47 and so are lakes,48
until the land classified as forest is released in an official proclamation to that effect watersheds49 and mangrove swamps.50
so that it may form part of the disposable agricultural lands of the public domain,
the rules on confirmation of imperfect title do not apply.41
WHO MAY APPLY FOR REGISTRATION
Minerals found in public or even private land belong to the State.42 In a resolution
dated December 1, 2004, the Supreme Court in La Bugal-Blaan Association v. Under Section 14, PD No. 1529, the following may apply for registration:
Ramos43 held that all mineral resources are owned by the State and their
(1) Those who by themselves or their predecessors-in-interest have been in open,
exploration, development and utilization must always be subject to the full control
continuous, exclusive and notorious possession and occupation of alienable and
and supervision of the State.
disposable lands of the public domain under a bona fide claim of ownership since
In Republic v. Court of Appeals and De la Rosa,44 Justice Cruz said that the June 12, 1945, or earlier.
Regalian doctrine reserves to the State all natural wealth that may be found in the
(2) Those who have acquired ownership of private lands by prescription under the
bowels of the earth even if the land where the discovery is made be private. Thus, if
provisions of existing laws.
a person is the owner of agricultural land in which minerals are discovered, his
ownership of such land does not give him the right to extract or utilize the said (3) Those who have acquired ownership of private lands or abandoned river beds by
minerals without the permission of the State to which such minerals belong. right of accession or acquired under existing laws;
Land inside a military or naval reservation cannot be registered.45 the Calumpang (4) Those who have acquired ownership of land in any other manner provided for by
Point Naval Reservation, can not be subject to occupation, entry or settlement. The law.
government, through the Bases Conversion Development Authority (BCDA), has title
Under Section 48(b) of CA No. 141 (Public Land Act), it is provided as follows: Possession should be in the concept of an owner, public, peaceful, uninterrupted and
adverse. Possession is open when it is patent, visible, apparent, notorious and not
Those who by themselves or through their predecessors-in-interest have been in the
clandestine. It is continuous when uninterrupted, unbroken and not intermittent or
open, continuous, exclusive and notorious possession and occupation of alienable
occasional; exclusive when the adverse possessor can show exclusive dominion over
and disposable land of the public domain, under a bona fide claim of acquisition of
the land and an appropriation of it to his own use and benefit; and notorious when it
ownership, since June 12, 1945 or prior thereto may apply for the confirmation of
is so conspicuous that it is generally known and talked of by the public or the people
imperfect or incomplete title.
in the neighborhood.53
In Malabanan v. Court of Appeals,54 the Court en banc reiterated the rule in
NO SUBSTANTIAL DIFFERENCE BETWEEN SEC. 14(1), PD No. 1529 and SEC. 48(b), CA Republic v. Court of Appeals and Naguit55 that since Section 48(b) (in relation to
NO. 141 Section 14[1]) merely requires possession since 12 June 1945 and does not require
that the lands should have been alienable and disposable during the entire period of
There is no substantial difference between Sec. 14(1) of PD No. 1529 and Sec. 48(b)
possession, the possessor is entitled to secure judicial confirmation of his title
of CA No. 141. In both, the applicant must show that (1) the land is alienable and
thereto as soon as it is declared alienable and disposable, subject to the timeframe
disposable (A and D) public agricultural land; and (2) he has been in open,
imposed by Section 47 of the Public Land Act.56
continuous exclusive and notorious possession thereof under a bona fide claim of
ownership since June 12, 1945, or prior thereto.51 Both refer to original registration Originally, Section 48(b) of CA No. 141 provided for the possession and occupation
proceedings, are against the whole world, and the decree of registration for both is of lands of the public domain since July 26, 1984. This was superseded by RA No.
conclusive and final. 1942 which provided for a simple 30-year prescriptive period of occupation by an
applicant for judicial confirmation of an imperfect title. The law, however, has been
amended by PD No. 1073, approved on January 25, 1977, which now requires
REQUIREMENTS FOR REGISTRATION UNDER SEC. 14(1), PRD IN RELATION TO SEC. possession since June 12, 1945 or prior thereto.57
48(B), PLA.
Section 14 (1) of the Property Registration Decree has three requisites for
ONLY FILIPINO CITIZENS MAY ACQUIRE LANDS OF THE PUBLIC DOMAIN
registration of title: (a) that the property in question is alienable and disposable land
of the public domain; (b) that the applicants by themselves or through their On the basis of their capacity to acquire or hold lands of the public domain, the
predecessors-ininterest have been in open, continuous, exclusive and notorious following may acquire private lands:
possession and occupation; and (c) that such possession is under a bona fide claim of
(1) Filipino citizens;
ownership since June 12, 1945 or earlier.52
(2) Filipino corporations and association as defined in Section 2, Article XII of the
Constitution; and, by exception,
(3) Aliens but only be hereditary succession; and Court of Appeals, 239 SCRA 341; Krivenko v. Register of Deeds, 79 Phil. 461;
Philippine Bank of Commerce v. Lui She, 21 SCRA 52. 61 Beumer v. Amores, GR No.
(4) A natural-born citizen of the Philippines who has lost his citizenship can both
195670, Dec. 3, 2012, citing cases. 62 Republic v. Court of Appeals and Lapia, 235
acquire or hold lands of the public domain, the limitation being up to a
SCRA 567.
maximum of 5,000 square meters if urban land, or 3 hectares if rural land.58
Private land may be transferred only to individuals or entities qualified to acquire or
hold lands of the public domain. Only Filipino citizens or corporations at least 60% ACQUISITION OF PRIVATE LAND BY PRESCRIPTION
of the capital of which is owned by Filipinos are qualified to acquire or hold lands of
In Republic v. East Silverlane Realty Development Corporation,63 Section 14(2) must
the public domain. The fundamental law explicitly prohibits non-Filipinos from
be considered in relation to the rule on prescription under the Civil Code as a mode
acquiring or holding title to private lands, except only by way of legal succession or if
of acquiring ownership of patrimonial property. Possession and occupation of an
the acquisition was made by a former natural-born citizen.59 Aliens, however, may
alienable and disposable public land for the periods provided under the Civil Code do
lease private lands.60
not automatically convert said property into private property or release it from the
The constitutional ban against foreigners applies only to ownership of Philippine public domain. There must be an express declaration that the property is no longer
land and not to the improvements built thereon. Land cannot sold to an alien and is intended for public service or development of national wealth. Without such express
allowed to recover the money spent for the purchase thereof. The provision on declaration, the property, even if classified as alienable or disposable, remains
unjust enrichment does not apply if the action is proscribed by the Constitution.61 property of the State, and thus, may not be acquired by prescription. And only when
the property has become patrimonial can the prescriptive period for the acquisition
of property of the public dominion begin to run.64 Such declaration shall be in the
CAPACITY TO ACQUIRE LAND IS DETERMINED AT THE TIME OF ITS ACQUISITION, form of a law duly enacted by Congress or a Presidential Proclamation in cases
NOT REGISTRATION where the President is duly authorized by law.65 The period of possession preceding
the classification of the property as patrimonial cannot be considered in determining
The time to determine whether a person acquiring land is qualified is the time the
the completion of the prescriptive period.66
right to own it is acquired. Thus, a naturalized Canadian citizen who, while still a
natural-born Filipino, acquired land from a vendor who had already complied with Under ordinary acquisitive prescription, a person acquires ownership of a
the requirements of registration prior to the purchase, can validly register his title to patrimonial property through possession for at least ten (10) years, in good faith and
the land even if at the time of the filing of his application he was already an alien.62 with just title. Under extraordinary acquisitive prescription, a persons uninterrupted
He already had a vested right to the land. adverse possession of patrimonial property for at least thirty (30) years, regardless of
good faith or just title, ripens into ownership.67
(Note: In the case of Heirs of Marcelina Azardon-Crisologo v. Raon, 70 the Court Article 457 of the Civil Code requires that the deposit be gradual and imperceptible;
ruled that a mere Notice of Adverse Claim did not constitute an effective interruption that it be made through the effects of the current of the water; and that the land
of possession. In the case of Heirs of Bienvenido and Araceli Tanyag v. Gabriel, 71 where accretion takes place is adjacent to the banks of rivers.80 However, the
which also cited the Raon Case, the Court stated that the acts of declaring again the accretion does not automatically become registered land just because the lot which
property for tax purposes and obtaining a Torrens certificate of title in one's receives such accretion is covered by a Torrens title. There must be a separate action
name cannot defeat another's right of ownership acquired through acquisitive for the registration thereof.81
prescription. In the same vein, a protest filed before an administrative agency and
Alluvial formation along the seashore is part of the public domain and is not open to
even the decision resulting from it cannot effectively toll the running of the period of
acquisition by adverse possession, unless subsequently declared as no longer
acquisitive prescription. Only in cases filed before the courts may judicial summons
needed for coast guard service, for public use or for special industries.82
be issued and, thus, interrupt possession.72)
7. The Certification by DENR Regional Technical Director that Lot 249 had been Under Section 48(b) of CA No. 141 and Section 14(1) of PD No. 1529, the reckoning
verified as belonging to the alienable and disposable area as early as July 18, 1925, point of possession is June 12, 1945.106 It is only necessary that the land is already
as annotated on the subdivision plan, constitutes substantial compliance with the classified as A and D land at the time of the filing of the application for
legal requirement.101 registration.107
In Republic v. T.A.N. Properties, Inc.,102 the Court held that the applicant shall Possession must be open, continuous, exclusive and notorious under a bona fide
submit a (a) CENRO or PENRO certification that the land is A and D, and (b) copy of claim of ownership since June 12, 1945 or earlier.108 Acts of a possessory character
the original classification approved by the DENR Secretary and certified as true by by virtue of a license or mere tolerance on the part of the real owner are not
the legal custodian thereof. sufficient.109 Mere casual cultivation of land, the raising of cattle or grazing of
livestock without substantial enclosures or other permanent improvements do not
But in DENR Memorandum No. 564, dated Nov. 15, 2012, it was clarified that the
constitute exclusive and notorious possession under claim of ownership110
issuance of the certification and the certified copy of the approved LC Map to prove
that the area applied for is indeed classified as A and D is within the competence
and jurisdiction of the CENRO where the area is below 0.50 has., or the PENRO TAX DECLARATIONS AND TAX RECEIPTS
where it
Tax declarations and payment of taxes are not conclusive proof of ownership but
more than 0.50 has. In Llanes v. Republic,103 the Court allowed consideration of a have strong probative value when accompanied by proof of actual possession or
CENRO Certification though it was only presented during appeal to the CA to avoid a supported by other effective proof.111 Declaring land for taxation purposes and
patent unfairness. In Victoria v. Republic,104 the subject property was covered by a visiting it every once in a while do not constitutes acts of possession.112 Tax
cadastral survey of Taguig conducted by the government. The Court held: Such declarations are not
surveys are carried out precisely to encourage landowners and help them get titles
to the lands covered by such survey. It does not make sense to raise an objection evidence of the right of possession unless supported by the other effective proof.
after such a survey that the lands covered by it are inalienable land of the public But they constitute proof that the holder has claim of the title over the property.113
Payment of taxes is on an annual basis. Delayed declaration of property for tax
purposes negates a claim of continuous, exclusive, and uninterrupted possession in of the explicit provisions of the Property Registration Decree which requires that a
the concept of owner.114 Hence, payment in one a lump sum to cover all past taxes decree shall be issued only after the decision adjudicating the title becomes final and
is irregular and affects the validity of the applicants claim of ownership.115 But executory, and it is on the basis of said decree that the Register of Deeds concerned
mere failure of the owner to pay taxes does not warrant a conclusion that there was issues the corresponding certificate of title.124 A land registration court has no
abandonment of the property.116 jurisdiction to order the registration of land already decreed in the name of another
in an earlier land registration case. A second decree for the same land would be null
and void.125
SPANISH TITLES NO LONGER VALID PROOF OF OWNERSHIP
In Director of Lands v. Court of Appeals,126 the Court held that a judicial
Spanish titles are no longer admissible as proof of ownership. The so-called Titulo declaration that a parcel of land is public, does not preclude even the same applicant
de Propriedad No. 4136 is inexistent.117 In a case, TCT No. 451423-A was traced from subsequently seeking a judicial confirmation of his title to the same land,
back to Titulo de Propriedad No. 4136, which, in the Intestate Estate of the late Don provided he thereafter complies with the provisions of Section 48127 of
Mariano San Pedro y Esteban v. Court of Appeals, was already declared null and void, Commonwealth Act No. 141, as amended, and as long as said public lands remain
and from which no rights could therefore be derived.118 alienable and disposable.128
Within 15 days from entry of judgment, the court shall issue an order directing the The writ may be issued not only against the person defeated in the registration case
Land Registration Authority (LRA) to issue a decree of registration and certificate of but also against any one adversely occupying the land during the proceedings up to
title.119 There is no period within which to issue the decree.120 the issuance of the decree.129 The writ does not lie against a person who entered
the land after the issuance of the decree and who was not a party in the case. He can
While the judgment becomes final 15 days from receipt of notice of the judgment
only be proceeded against in a separate action for ejectment or reivindicatory
(as to the government, period of appeal shall be reckoned from receipt of the
action.130 The writ is imprescriptible. A writ of demolition is but a compliment of
decision by the Solicitor General who represents the government in all registration
the writ of possession131 and may be issued by a special order of the court.
proceedings),121 the court nevertheless retains jurisdiction over the case until after
Mandamus is a proper remedy to compel the issuance of a writ of possession.132
the expiration of one year from the issuance of the decree of registration;122 hence,
the case may still be reopened and the decision set aside when granted.123
Execution pending appeal is not applicable in a land registration proceeding and the
certificate of title thereby issued is null and void. A Torrens title issued on the basis
JURISDICTION: REAL ACTIONS
of a judgment that is not final is a nullity, as it is violative
Section 1, 14 Rule 14 of the 1997 Rules of Civil Procedure provides that actions The aggrieved party has a number of remedies to question the validity of the
affecting title to or possession of real property or an interest therein (real actions) decision. These include the remedies of new trial or reconsideration under Rule 37
shall be commenced and tried in the proper court that has territorial jurisdiction of the Rules of Court, relief from judgment under Rule 38, or appeal to the Court of
over the area where the real property or any part thereof is situated. Appeals or Supreme Court pursuant to Section 33, PD No. 1529.
An action for reconveyance or to remove a cloud on one's title involves the title to, Under the property Registration Decree, the remedies consequent to fraudulent or
or possession of, real property, or any interest therein, hence, exclusive original irregular registration are: review of decree under Section 32; reconveyance under
jurisdiction over such action pertains to the RTC, unless the assessed value of the Secs. 53 and 96; damages under Sec. 32; claim against the Assurance Fund under
property does not exceed P20,000.00 (or P50,000.00 in Metro Manila), in which Sec. 95; reversion under Sec. 101, CA No. 141; cancellation of title; quieting of title;
instance the MTC having territorial jurisdiction would have exclusive original annulment of judgment under Rule 47; and criminal prosecution under the Revised
jurisdiction. Determinative of which regular court had jurisdiction would be the Penal Code and other special laws.
allegations of the complaint (on the assessed value of the property) and the principal
relief thereby sought.133
Petition for review of decree. (Sec. 32, PD No. 1529)
Actions for cancellation of title and reversion belong to the class of cases that
"involve the title to, or possession of, real property, or any interest therein" and In Eland Philippines, Inc. v. Garcia,136 the Supreme Court, citing Agcaoili, Property
where the assessed value of the property exceeds P20,000.00, fall under the Registration Decree and Related Laws (Land Titles and Deeds), stressed that courts
jurisdiction of the RTC.134 may reopen proceedings already closed by final decision or decree when an
application for review is filed by the party aggrieved within one year from the
When the dispossession or unlawful deprivation has lasted more than one year, one
issuance of the decree of registration. However, the basis of the aggrieved party
may avail himself of accion publiciana to determine the better right of possession, or
must be anchored solely on actual fraud.
possession de jure, of realty independently of title. On the other hand, accion
reinvindicatoria is an action to recover ownership which necessarily includes It has been ruled that the petition may be filed at any time after the rendition of
recovery of possession. While an accion reivindicatoria is not barred by a judgment the courts decision and before the expiration of one year from the entry of the final
in an ejectment case, such judgment constitutes a bar to the institution of the accion decree of registration for, as noted in Rivera v. Moran,137 there can be no possible
publiciana. 135 reason for requiring the complaining party to wait until the final decree is entered
before urging his claim of fraud.
The rule on the incontrovertibility and indefeasibility of a Torrens title after one
year from entry of the decree of registration is equally applicable to titles acquired
through homestead or free patents.138 It has been held that the date of issuance of
the patent corresponds to the date of the issuance of the decree in ordinary
REMEDIES CONSEQUENT TO FRAUDULENT OR IRREGULAR REGISTRATION
registration cases.
Under the Torrens system of registration, the Torrens becomes indefeasible and (d) Willfully misrepresenting that there are no other claims;
incontrovertible one year from the issuance of the final decree and is generally
(e) Deliberately failing to notify the party entitled to notice;
conclusive evidence of the ownership.139 The rule on the inconvertibility and
indefeasibility of a Torrens title after one year from entry of the decree of (f) Inducing a claimant not to oppose the application for registration;
registration is equally applicable to title acquired through homestead or free
(g) Misrepresentation by the applicant about the identity of the lot to the true
patents.140 Only extrinsic or collateral, as distinguished form intrinsic, fraud is a
owner causing the latter to withdraw his opposition.142
ground for annulling a judgment.
(h) Failure of the applicant to disclose in her application for registration the vital
To avail of a petition for review, the following requisites must be satisfied: (a) the
facts that her husbands previous application for a revocable permit and to purchase
petitioner must have an estate or interest in the land; (b) he must show actual fraud
the lands in question from the Bureau of Lands had been rejected, because the lands
in the procurement of the decree of registration; (c) the petition must be filed within
were already reserved as a site for school purposes;
one (1) year from the issuance of the decree by the Land Registration Authority; and
(d) the property has not yet passed to an innocent purchaser for value.141 (i) Deliberate falsehood that the lands were allegedly inherited by the applicant
from her parents, which misled the Bureau of Lands into not filling the opposition
Extrinsic fraud refers to any fraudulent act of the successful party in a litigation
and thus effectively depriving the Republic of its day in court.143
which is committed outside the trial of a case against the defeated party, or his
agents, attorneys or witnesses, whereby said defeated party is prevented from In all these examples, the overriding consideration is that the fraudulent scheme
presenting fully and fairly his side of the case. On the other hand, intrinsic fraud of the prevailing litigant prevented a party from having his day in court or from
refers to acts of a party in a litigation during the trial, such as the use of forged presenting his case. The fraud, therefore, is one that affects and goes into the
instruments or perjured testimony, which did not affect the presentation of the case, jurisdiction of the court.
but did prevent a fair and just determination of the case.
In Cruz v. Navarro,144 it was held that the intentional omission by the respondent
Relief is granted to a party deprived of his interest in land where the fraud consists to properly inform the court a quo that there were persons (the petitioners) in actual
in the following acts: possession and cultivation of the parcels in question, with the result that the court as
well as the Land Registration Authority were denied of their authority to require the
(a) Deliberate misrepresentation that the lots are not contested when in fact they
sending of specific individual notices of the pendency of the application in
are;
accordance with Sections 23 and 24 of the Property Registration Decree, constitutes
(b) Applying for and obtaining adjudication and registration in the name of a co- actual fraud.
owner of land which he knows had not been allotted to him in the partition;
(c) Intentionally concealing facts, and conniving with the land inspector to include in
Reconveyance. (Sec. 96 PD No. 1529)
the survey plan the bed of a navigable stream;
An action for reconveyance is a legal and equitable remedy granted to the rightful (d) the action is filed after the certificate of title had already become final and
landowner, whose land was wrongfully or erroneously registered in the name of incontrovertible but within four years from the discovery of the fraud,151 or not
another, to compel the registered owner to transfer or reconvey the land to him. later than 10 years in the case of an implied trust.152
An action for reconveyance is an action in personam available to a person whose A petition for review and action for reconveyance are no longer available if the
property has been wrongfully registered under the Torrens system in another's property has already been transferred to an innocent purchaser for value.
name. It is filed as an ordinary action in the ordinary courts of justice and not with
Article 434 of the Civil Code provides that to successfully maintain an action to
the land registration court. A notice of lis pendens may be annotated on the
recover the ownership of a real property, the person who claims a better right to it
certificate of title immediately upon the institution of the action in court.146
must prove two (2) things: first, the identity of the land claimed; and second, his title
As held in Medizabel v. Apao,147 the essence of an action for reconveyance is that thereto.153
the certificate of title is respected as incontrovertible. What is sought is the transfer
There is no special ground for an action for reconveyance, for it is enough that the
of the property, in this case its title, which has been wrongfully or erroneously
aggrieved party asserts a legal claim in the property superior to the claim of the
registered in another person's name, to its rightful owner or to one with a better
registered owner, and that the property has not yet passed to the hands of an
right. The mere issuance of the certificate of title in the name of any person does not
innocent purchaser for value.154
foreclose the possibility that the real property may be under co-ownership with
persons not named in the certificate or that the registrant may only be a trustee or
that other parties may have acquired interest subsequent to the issuance of the
ACTION FOR RECONVEYANCE MAY BE BARRED BY PRESCRIPTION
certificate of title.148
(1) Action based on fraud - four years (2) Action based on implied trust - ten years
Reconveyance does not aim to reopen proceedings but only to transfer or reconvey
(3) Action based on a void contract imprescriptible (4) Action to quiet title where
the land from registered owner to the rightful owner.149 Reconveyance is available
plaintiff is in possession imprescriptible
in case of registration of property procured by fraud thereby creating a constructive
trust between the parties.150 An action for reconveyance based on implied or constructive trust prescribes in ten
(10) years from the issuance of the Torrens title over the property, or the instrument
To warrant a reconveyance of the land, the following requisites must concur:
affecting the same is inscribed in accordance with law, inasmuch as it is what binds
(a) the action must be brought in the name of a person claiming ownership or the land and operates constructive notice to the world. Repudiation of said trust is
dominical right over the land registered in the name of the defendant; not a condition precedent to the running of the prescriptive period. 155
(b) the registration of the land in the name of the defendant was procured through
fraud or other illegal means; The 10-year prescriptive period applies only when the reconveyance is based on
fraud which makes a contract voidable (and that the aggrieved party is not in
possession of the land whose title is to be actually reconveyed). It does not apply to
(c) the property has not yet passed to an innocent purchaser for value; and
an action to nullify a contract which is void ab initio. Article 1410 of the Civil Code This action may be filed against applicant or person responsible for the fraud where
categorically states that an action for the declaration of the inexistence of a contract reconveyance is no longer possible as when the land has been transferred to an
does not prescribe.156 But prescription does not run against the plaintiff in innocent purchaser for value.160
actual possession of the disputed land because such plaintiff has a right to wait until
his possession is disturbed or his title is questioned before initiating an action to
vindicate his right.157 Action for compensation from the Assurance Fund. (Sec. 95, PD No. 1529)
The requisites for recovery are: (a) a person sustains loss or damage, or is deprived
by any estate or interest in land; (b) on account of the bringing of land under the
LACHES MAY BAR RECOVERY
Torrens system; (c) through fraud, error, omission, mistake or misdescription in the
Where a court of equity finds that the position of the parties has to change that certificate of entry in the registration book; (d) without negligence on his part, and
equitable relief cannot be afforded without doing injustice, or that the intervening (e) is barred from bringing an action for recovery of the land.161
rights of third persons may be destroyed or seriously impaired, it will not exert its
equitable powers in order to save one from the consequences of his own
neglect.158 This is the basic principle of laches which may bar recovery for ones Reversion. (Sec. 101, CA No. 141)
neglect or inaction. The action is instituted by the government, through the Solicitor General, in all cases
where lands of public domain are held in violation of the Constitution162 or were
fraudulently obtained.163
Cancellation of title
Fraud and misrepresentation, as grounds for cancellation of patent and
annulment of title, should never be presumed, but must be proved by clear and Annulment of Judgment. (Rule 47, Rules of Court)
convincing evidence, mere preponderance of evidence not being adequate. Fraud is A petition for annulment by the Court of Appeals of judgments or final orders of
a question of fact which must be proved.159 Regional Trial Court for which the ordinary remedies of new trial, appeal, etc. are no
longer available must be based on (a) extrinsic fraud, (b) lack of jurisdiction164 and
(c) lack of due process.165 A petition for annulment of judgment based on extrinsic
fraud must be filed within four (4) years from its discovery; and if based on lack of
jurisdiction, before it is barred by laches or estoppel.166
Upon the expiration of the redemption period of one year from the registration of
PUBLIC LAND ACT; GENERAL PRINCIPLES
the sale, the right of the purchaser to the possession of the foreclosed property
Regalian doctrine all lands and all other natural resources are owned by the Homestead
State
any citizen of the Philippines over the age of eighteen years, or the head of a family,
No public land can be acquired by private persons without any grant, express or may enter a homestead of not exceeding twelve hectares of agricultural land of the
implied from the government. It is indispensable that there be a showing of a title public domain. The applicant must have cultivated and improved at least one-fifth of
from the State. the land continuously since the approval of the application and resided for at least
one year in the municipality in which the land is located. When a homesteader has
Only those lands shall be declared open to disposition or concession which have
complied with all the terms and conditions which entitle him to a patent for a tract
been officially delimited and classified and, when practicable, surveyed, and which
of public land, he acquires a vested interest therein, and is to be regarded as the
have not been reserved for public or quasi-public uses, nor appropriated by the
equitable owner thereof. The execution and delivery of the patent, after the right
government, nor in any manner become private property.
to a particular parcel of land has become complete, are the mere ministerial acts of
Land remains unclassified land until it is released therefrom and rendered open to the officer charged with that duty.
disposition.
Free patent -
The classification of public lands is a function of the executive branch of
Any natural-born citizen of the Philippines who is not the owner of more than 12
government.
hectares and who, for at least 30 years, has continuously occupied and cultivated, by
For purposes of their administration and disposition, lands of the public domain himself or through his predecessors-in-interest a tract of agricultural public land, and
which are alienable or open to disposition may be further classified as: (a) who shall have paid the real estate tax thereon shall be entitled to have a free patent
agricultural, (b) residential, commercial, industrial, or for similar productive issued to him for such tract of land not to exceed twelve 12 hectares.
purposes, (c) educational, charitable, or other similar purposes, and (d) reservations
RA No. 10023, dated March 9, 2010, authorizes issuance of free patent titles to
for townsites and for public and quasi-public uses.
zoned residential lands. Residence requirement: 10 years.
MODES OF DISPOSITION
Requirements:
1. For homestead settlement;
Survey plan and technical description
2. By sale;
Affidavit of two 2 persons who are residents of the barangay that the applicant has
3. By lease actually resided on, and actually possessed and occupied, the land applied for, under
a bona fide claim of ownership, for at least 10 years, and has complied with the
other requirements prescribed by the Act.
4. By confirmation of imperfect or incomplete title (a) By judicial legalization (b)
By administrative legalization (free patent) Sales patent
Any citizen of the Philippines of lawful age or the head of a family may purchase any But the Regional Director has continuing authority to conduct an investigation to
tract of public agricultural land not to exceed twelve hectares which shall be sold determine whether or not fraud attended the issuance of the patent.
thru sealed bidding. The land shall be awarded to the highest bidder, but the
The Solicitor General may bring an action for cancellation of title obtained through
applicant may equal the highest bid.
fraud and for the reversion of the land to the State.
The purchaser shall have not less than one-fifth of the land cultivated within five
Action is not barred by prescription.
years from the date of the award, and pays the full purchase price.
Direct sale
PROHIBITED ALIENATIONS
RA No. 730 permits the direct sale of public lands for residential purposes to
qualified applicants. Homestead
The applicant must: (a) be a Filipino citizen of legal age; (b) not the owner of a may not be sold or encumbered within 5 years from the issuance of the patent, and
home lot in the municipality or city in which he resides; (c) have established in good for a term of 20 years thereafter without the consent of the DENR Secretary.
faith his residence on a parcel of public land which is not needed for public service;
Land covered by a Free patent
and (d) have constructed his house and actually resided therein.
may not be sold within 5 years from the issuance of the patent.
Prohibition against alienation is mandatory.
TITLE INDEFEASIBLE
A certificate of title issued pursuant to a public land patent partakes of the nature
of a certificate of title issued through judicial proceeding. It becomes Policy of the law:
incontrovertible upon the expiration of one year from the date of the order for
To conserve the land which a grantee has acquired under the Public Land Act for
issuance of the patent, hence, prescription cannot operate against the registered
him and his heirs as a reward for his labor in cleaning and cultivating it
owner.
To give the patentee a place where to live with his family so he may become a
If the land covered by a free patent was a private land, the Director of Lands has
happy citizen and useful member of society
no jurisdiction over it. Such free patent and the subsequent certificate of title issued
pursuant thereto are a nullity.288 The aggrieved party may initiate an action for
cancellation of such title.289
CONTINUING AUTHORITY TO INVESTIGATE
Developer - the person who develops or improves the subdivision project or For the annulment of the mortgage constituted by the project owner without the
condominium project for and in behalf of the owner thereof. buyers consent, the mortgage foreclosure sale, and the condominium certificate of
title issued to the highest bidder at the said foreclosure sale;
For the collection of the balance of the unpaid purchase price of a subdivision lot The land is owned by the condominium corporation and the unit owner is simply a
filed by the developer of a subdivision against the lot buyer; and member in this condominium corporation.
For incidental claims for damages.
DEALERS AND BROKERS
LICENSE TO SELL No real estate dealer, broker or salesman shall engage in the business of selling
subdivision lots or condominium units unless he has registered himself with the
The owner or dealer must have a license to sell the project within two weeks from
Board.
the registration of such project.
Applicant must be of good repute and has complied with the applicable rules of
However, the absence of a license to sell the subdivision lots does not render the
the Authority
sale thereof void. The absence of the license to sell only subjects the condominium
developer and its officers civilly and criminally liable.
REGISTRATION
EXEMPT TRANSACTIONS All contracts to sell, deeds of sale and other similar instruments relative to the sale
or conveyance of the subdivision lots and condominium units, whether or not the
Sale of a subdivision lot resulting from the partition of land among co-owners and
purchase price is paid in full, shall be registered in the Office of the Register of Deeds
co-heirs.
of the province or city where the property is situated.
Sale or transfer of a subdivision lot by the original purchaser and any subsequent
sale of the same lot. Sale of a subdivision lot or a condominium unit by or for the
account of a mortgagee in the ordinary course of business when necessary to MORTGAGES
liquidate a bona fide debt.
No mortgage on any unit or lot shall be made by the owner or developer without
prior written approval of the Board. Such approval shall not be granted unless it is
shown that the proceeds of the mortgage loan shall be used for the development of
the condominium or subdivision project and effective measures have been provided
to ensure such utilization.
FOREIGNERS MAY PURCHASE The mortgage of a subdivision lot or a condominium unit is void if executed by a
property developer without the prior written approval of the HLURB. That an
Under RA No. 4726, foreign nationals can own Philippine real estate through the
encumbrance has been constituted over an entire property, of which the subject lot
purchase of condominium units or townhouses up to not more than 40% of the total
or unit is merely a part, does not affect the invalidity of the lien over the specific
and outstanding capital stock of a Filipino-owned or controlled corporation.
portion at issue. The fact that the lot had no separate TCT did not make it less of a caused by fortuitous events or legal ordersand with written notice to lot or unit
"subdivision lot" entitled to the protection of PD 957.290 buyers.
The circumstance that DBP and ADC executed the mortgage contract prior to the
selling of the subdivided portions of the property to Capulong is immaterial
DESISTANCE OR NON-PAYMENT OF AMORTIZATIONS
considering that when DBP granted the loan to ADC, it already knew that the loan
was to be used for realty development. DBP should have considered that it was Buyer need not give prior notice before desisting from further paying
dealing with a property subject of a real estate development project. x x x DBP amortizations.
cannot be deemed to be an innocent mortgagee.291
Buyer may not be ousted for non-payment due to the failure of the subdivision
The essence of the government's socialized housing program is to preserve the owner to put up the required improvements.
beneficiary's ownerships for a reasonable length of time, at least within five years
Failure to develop a subdivision may justify non-payment of amortizations by a lot
from the time he acquired it free from any encumbrance.292
buyer.
Failure of seller to deliver the condominium unit entitles buyer to cancel contract.
ADVERTISEMENTS
Advertisements by the owner or developer must not mislead or deceive the
THE MACEDA LAW
public.
Buyer is entitled to the following rights in case he defaults in the payment of
A subdivision owner was held in breach when it failed to deliver a closed-circuit
succeeding installments:
TV monitor through which residents from their apartments can see their guests as
advertised. (BPI v. ALS Management, GR No. 151821, April 14, 2004) Grace Period
to pay, without additional interest, the unpaid installments due within the total grace
period earned by him which is fixed at the rate of one month grace period for every
year of installment payments made: Provided, That this right shall be exercised by
the buyer only once in every five years of the life of the contract and its extensions, if
any; and
TIME OF COMPLETION
Petitioner may be held liable in damages for any delay in the construction.
Refund of Cash Surrender Value if the contract is cancelled, the seller shall
A request for extension of time to complete development of a subdivision or
refund to the buyer the cash surrender value of the payments on the property
condominium project may be granted only where non-completion of the project is
equivalent to fifty percent of the total payments made and, after five years of
installments, an additional five percent every year but not to exceed ninety per cent The Board, through its duly authorized representative may, at any time, make an
of the total payments made; Provided, That the actual cancellation of the contract examination into the business affairs, administration, and condition of any person,
shall take place after thirty days from receipt by the buyer of the notice of corporation, partnership, cooperative, or association engaged in the business of
cancellation or the demand for rescission of the contract by a notarial act and upon selling subdivision lots and condominium units.
full payment of the cash surrender value to the buyer.
It may deputize the Philippine Constabulary or any law enforcement agency in the
execution of its final orders, rulings or decisions.
ISSUANCE OF TITLE
The owner or developer shall deliver the title of the lot or unit to the buyer upon TAKEOVER DEVELOPMENT
full payment of the lot or unit.
The Board may take over or cause the development and completion of the
Even with a valid mortgage over the lot, the seller is still bound to redeem said subdivision or condominium project at the expenses of the owner or developer who
mortgage without any cost to the buyer apart from the balance of the purchase price has refused or failed to develop or complete the development of the project.
and registration fees.
It may demand, collect and receive from the buyers the installment payments due
on the lots for the development of the subdivision.
ROADS, ALLEYS, OPEN SPACES ADMINISTRATIVE FINES
The owner as developer of a subdivision shall provide adequate roads, alleys and The Board may prescribe and impose fines not exceeding ten thousand pesos for
sidewalks, and for subdivision projects one hectare or more, reserve 30% of the violations of the provisions of the Decree or of any rule or regulation thereunder.
gross area for open space exclusively for parks, playgrounds and recreational use. Fines shall be payable to the Board and enforceable through writs of execution in
accordance with the provisions of the Rules of Court.
These areas shall be non-alienable public lands, and non-buildable.
The roads, alleys, sidewalks and playgrounds shall be donated by the owner or
developer to the city or municipality and it shall be mandatory for the local HLURB is without jurisdiction to determine criminal liability.
government to accept; provided, however, that the parks and playgrounds may be
donated to the Homeowners Association of the project with the consent of the city
or municipality concerned.
VISITORIAL POWERS