Вы находитесь на странице: 1из 2

GRANT OF TITLE (8) In all other cases in which the demand, exclusive of interest, damages of

whatever kind, attorney's fees, litigation expenses, and costs or the value of
II. VENUE the property in controversy exceeds One hundred thousand pesos
1. PD 1529 Section 2. Nature of registration proceedings; jurisdiction of (100,000.00) or, in such other abovementioned items exceeds Two hundred
courts. Judicial proceedings for the registration of lands throughout the Philippines thousand pesos (200,000.00). (as amended by R.A. No. 7691*)
shall be in rem and shall be based on the generally accepted principles underlying
the Torrens system. Section 34. Delegated jurisdiction in cadastral and land registration cases. –
2. BP29 Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive may be assigned by the Supreme Court to hear and determine cadastral or land
original jurisdiction: registration cases covering lots where there is no controversy or opposition, or
contested lots the where the value of which does not exceed One hundred
(1) In all civil actions in which the subject of the litigation is incapable of thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the
pecuniary estimation; claimant or by agreement of the respective claimants if there are more than one, or
from the corresponding tax declaration of the real property. Their decisions in these
(2) In all civil actions which involve the title to, or possession of, real cases shall be appealable in the same manner as decisions of the Regional Trial
property, or any interest therein, where the assessed value of the property Courts. (as amended by R.A. No. 7691)
involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in
Metro Manila, where such the value exceeds Fifty thousand pesos III. APPLICANTS
(50,000.00) except actions for forcible entry into and unlawful detainer of 1. PD 1529 Sec 14. Who may apply. The following persons may file in the proper
lands or buildings, original jurisdiction over which is conferred upon Court of First Instance an application for registration of title to land, whether
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial personally or through their duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest
(3) In all actions in admiralty and maritime jurisdiction where he demand or have been in open, continuous, exclusive and notorious possession and
claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro occupation of alienable and disposable lands of the public domain under a
Manila, where such demand or claim exceeds Two hundred thousand bona fide claim of ownership since June 12, 1945, or earlier.
pesos (200,000.00);
(2) Those who have acquired ownership of private lands by prescription
(4) In all matters of probate, both testate and intestate, where the gross under the provision of existing laws.
value of the estate exceeds One hundred thousand pesos (P100,000.00) or,
in probate matters in Metro Manila, where such gross value exceeds Two (3) Those who have acquired ownership of private lands or abandoned
hundred thousand pesos (200,000.00); river beds by right of accession or accretion under the existing laws.

(5) In all actions involving the contract of marriage and marital relations; (4) Those who have acquired ownership of land in any other manner
provided for by law.
(6) In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction or any court, tribunal, person or body Where the land is owned in common, all the co-owners shall file the application
exercising judicial or quasi-judicial functions; jointly.

(7) In all civil actions and special proceedings falling within the exclusive Where the land has been sold under pacto de retro, the vendor a retro may file an
original jurisdiction of a Juvenile and Domestic Relations Court and of the application for the original registration of the land, provided, however, that should
Courts of Agrarian Relations as now provided by law; and the period for redemption expire during the pendency of the registration
proceedings and ownership to the property consolidated in the vendee a retro, the
latter shall be substituted for the applicant and may continue the proceedings. Art. 461. River beds which are abandoned through the natural change in the course
of the waters ipso facto belong to the owners whose lands are occupied by the new
A trustee on behalf of his principal may apply for original registration of any land course in proportion to the area lost. However, the owners of the lands adjoining
held in trust by him, unless prohibited by the instrument creating the trust. the old bed shall have the right to acquire the same by paying the value thereof,
which value shall not exceed the value of the area occupied by the new bed
2. Commonwealth Act No. 141
Section47. The persons specified in the next following section are hereby granted Art. 493. Each co-owner shall have the full ownership of his part and of the fruits
time, not to extend beyond December 31, 1987 within which to take advantage of and benefits pertaining thereto, and he may therefore alienate, assign or mortgage
the benefit of this chapter: Provided, That this extension shall apply only where the it, and even substitute another person in its enjoyment, except when personal rights
area applied for does not exceed 144 hectares. Provided, further, That the several are involved. But the effect of the alienation or the mortgage, with respect to the
periods of time designated by the President in accordance with section forty-five of co-owners, shall be limited to the portion which may be alloted to him in the
this Act shall apply also to the lands comprised in the provisions of this chapter, but division upon the termination of the co-ownership.
this section shall not be construed as prohibiting any of said persons from acting
under this chapter at any time prior to the period fixed by the President. Art. 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law,
Section48. The following-described citizens of the Philippines, occupying lands of by donation, by estate and intestate succession, and in consequence of certain
the public domain or claiming to own any such lands or an interest therein, but contracts, by tradition.
whose titles have not been perfected or completed, may apply to the Court of First
Instance of the province where the land is located for confirmation of their claims They may also be acquired by means of prescription.
and the issuance of a certificate of title therefor, under the Land Registration Act , to
wit: Art. 1134. Ownership and other real rights over immovable property are acquired by
ordinary prescription through possession of ten years. (1957a)
(b) Those who by themselves or through their predecessors in interest have been in
open, continuous, exclusive, and notorious possession and occupation of Art. 1137. Ownership and other real rights over immovables also prescribe through
agricultural lands of the public domain, under a bona fide claim of acquisition or uninterrupted adverse possession thereof for thirty years, without need of title or of
ownership, for at least thirty years immediately preceding the filing of the good faith. (1959a)
application for confirmation of title except when prevented by war or force majeure.
These shall be conclusively presumed to have performed all the conditions essential
to a Government grant and shall be entitled to a certificate of title under the
provisions of this chapter.

(c) Members of the national cultural minorities who by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of lands of the public domain suitable to agriculture,
whether disposable or not, under a bona fide claim of ownership for at least 30
years shall be entitled to the rights granted in sub-section (b) hereof.

3. IPRA RA8371


Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of the current of the waters.