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Source: lawphil
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period – lease running from month to month or year to year with automatic renewal
c. Tenancy at will – person is permitted to occupy land of another without stipulation as to period
1. JUDICIAL
2. EXTRA-JUDICIAL
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with
regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to
cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land thru open, continuous,
exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default
on their part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty &
confusion on government system, of distribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and
cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious
or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit