PUBLIC LAND ACT (COMMONWEALTH ACT NO.
141) - All lands not appearing to be clearly of private
 HISTORICAL BACKGROUND
ACT NO. 926 – the first Public Land Act, Prescribed rules
and regulation of the homesteading, selling and
leasing of portions of the public domain, and
prescribed the terms and conditions to enable persons
to perfect their titles to public lands in the islands
Also provided for the issuance of patents to certain
native settlers upon public lands for the establishment
of town sites and sale of lots therein, for the completion
of imperfect titles and for the cancellation or
confirmation of Spanish concessions and grants in the
islands
ACT NO. 2874 - The second Public Land Act was more
comprehensive in scope but limited the exploitation of
agricultural lands to Filipinos and Americans and
citizens of other countries which gave Filipinos same
privileges.
 PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
- Enacted on November 7, 1936
- Grants of public lands are brought under the operation
of the Torrens system of registration.
- Its provisions govern the classification and disposition of
lands of the public domain other that timber and
mineral lands.
Note: Public land patents when duly registered are
veritable Torrens titles, they become private property
which can no longer be subject of subsequent
disposition by the Director of Lands.
 POLICY CONSIDERATIONS
STATE
- Shall ensure, for the benefit of the Filipino people, the
full exploration and development as well as the
judicious disposition, utilization, management, renewal
and conservation of the country’s forest, mineral, land,
waters and other natural resources, consistent with the
objective of making the exploration, development and
utilization of such natural resources equitably
accessible to the different segments of the present as
well as future generations.
- Shall recognize and apply a true value system that
takes into account social and environmental cost
implications relative to the utilization, development and
conservation of our natural resources
DEPARTMENT OF ENVIRONMENT AND NATURAL
REOURCES (DENR)
- Shall be primarily responsible for the implementation of
the foregoing policy.
- Shall be incharge of carrying out the State’s
constitutional mandate to control and supervise the
exploration, development, utilization, and conversion of
the country’s natural resources.
 PUBLIC LANDS: ALIENABLE AND DISPOSABLE LANDS IN
GENERAL
Public Lands refers to such lands of the public domain
as are subject to alienation and disposal of the State in
accordance with the Public Land Act.
 REGALIAN DOCTRINE (Section 2, Article XII)
- All lands and other natural resources are owned by the
State.
Public Land Act
dominion presumptively belong to the State.
- Public lands not shown to have been reclassified or
released as alienable agricultural land or alienated to a
private person by the State remain part of the
inalienable public domain.
- It reserves to the State all natural wealth that may be
found in the bowels of the earth even if the land where
the discovery is made private.
 ALIENATION OF NATURAL RESOURCES
General Rule: All natural resources CANNOT
be alienated
Exception: Agricultural lands
 EXPLORATION, DEVELOPMENT AND UTILIZATION OF
NATURAL RESOURCES
- Shall be under the full control and supervision of the
State
- The state may DIRECTLY UNDERTAKE such activities or
the state may enter into CO-PRODUCTION, JOINT
VENTURE OR PRODUCTION-SHARING arrangements.
 DISTINCTION BETWEEN IMPERIUM AND DOMINIUM.
Imperium - Government authority possessed by the
State which is appropriately embraced in sovereignty.
Dominium - The capacity of the State to own and
acquire property.
- It refers to lands held by the government in a
proprietary character: can provide for the exploitation
and use of lands and other natural resources.
Note: No public land can be acquired by private
person without any grant, express or implied, from the
government.
 THE IPRA AND NATIVE TITLE OVER ANCESTRAL LANDS
AND ANCESTRAL DOMAINS
Indigenous people may obtain the recognition of
ownership over ancestral lands and ancestral domains
by virtue of native title; this is an exception to the theory
of jura regalia.
ANCESTRAL LANDS – It refers to lands occupied by
individuals, families and clans who are members of
indigenous cultural communities including residential
lots, rice terraces or paddies, private forest, swidden
farms and tree lots.
- These lands required to have been occupied,
possessed and utilized by them or through their
ancestors since time immemorial, continousluy to
present.
ANCESTRAL DOMAIN–areas generally beloning to
indigenous cultural communities, including ancestral
lands, forest, pasture, residential and agricultural lands,
hunting grounds, worship areas, and lands no longer
occupiedexclusively by indigenous cultural
communities but to which they had traditional access,
particularly the home ranges of indigenous cultural
communities who are still nomadic or shifting
cultivators.
- Also include inland waters, coastal areas and natural
resources therein.
Note: State policy – recognition and protection of the
rights of idigenous peoples to preserve abd develop
their cultures, tradtions, and institutions are the vital
concerns of the State. (RA 8371, IPRA)
 RESERVATION OF LANDS OF THE PUBLIC DOMAIN ARE
VALID ASSERTION OF REGALIAN RIGHT
1
 Presidential proclamations reserving certain lands of the
public domain for specific purposes have the character
of official assertion of ownership, and the presumption is
that they have been issued by right of sovereignty and
in the exercise of the State’s dominical authority. These
proclamations are matters not only judicial notice but
are accepted as in the nature of a valid asservation of
Regalian right right over the property.
 ORGANIZATIONAL STRUCTURE - OFFICERS CHARGED
WITH THE ADMINISTRATION OF PUBLIC LANDS
Secretary of Natural Resources – chief executive officer
charged to carry out the provisions of the Public Land
Act
Director of Lands- under the immediate supervision of
theDENR Secretary
Duties:
a. Direct executive control over surveys, classifications,
leases, sales and other forms of concession or
disposition and management of public lands;
b. Preparation and issuance of forms, instructions, rules
and regulations as may be necessary and proper to
carry into effect the provisions of the Public Land Act,
and for the conduct of proceedings arising thereunder,
subject to the approval of the Secretary(
Commonwealth Act No. 141, sections 3,4, and 5)
c. Quasi-judicial officer- he makes findings of fact and
even passes upon questions of mixed fact and law,
and considers and decides the qualifications of
applicantsfor the purchase of public lands.
Note: The decision on the construction of the Public
Land Act are entitled a great respect by the courts. The
decisions of the Director of Lands as to question of facts
are conclusive when approved by the Secretary
(Doctrine of Primary Jurisdiction)
d. He represent the state in a reversion proceedings and
may file an action for the cancellation of patent and
title acquired through fraud
e. Regulate the occupation or provisional use of public
lands
Note: For administration purposes, land districts have
been established throughout the Philippines, each
district is headed by a local land officer embracing one
province
 DOCTRINE OF PRIMARY JURISDICTION - if a case is such
that its determination requires the expertise, specialized
training and knowledge of the proper administrative
bodies, relief must first be obtained in an administrative
proceeding before a remedy is supplied by the courts
even if the matter may well be within their proper
jurisdiction.
 EXHAUSTION OF ADMINISTRATIVE REMEDIES –courts must
allow administrative agencies to carry out their
functions and discharge their responsibilities within the
specialized areas of their respective competence.
Courts cannot or will not determine a controversy
involving a question which is within the jurisdiction of
the administrative tribunal prior to the resolution of that
question by the administrative tribunal, where the
question demands the exercise of sound administrative
discretion requiring the special knowledge, experience
and services of the administrative tribunal to determine
technical and intricate matters of fact
Exception:
- Where there is estoppel on the part of the
party invoking the doctrine;
Public Land Act
- Where the challenged administrative act is
patently illegal, amounting to lack of
jurisdiction
- Where there is unreasonable delay or official
inaction that will irretrievably prejudice the
complainant
- Where the amount involved is relatively small
so as to make the rule impractical and
oppressive
- Where the question involved is purely legal
and will ultimately have to be decided by the
courts of justice
- Where judicial intervention is urgent
- When its application may cause great and
irreparable damage
- Where the controverted acts violate due
process
- When the issue of non-exhaustion of
administrative remedies has been rendered
moot
- When there is no other plain, speedy and
adequate remedy
- When strong public interest is involved; and,
- In quo warranto proceedings.
 CLASSIFICATION OF LANDS
Lands of public domain - either alienable or inalienable
Lands of private domain - refers to land belonging to
and owned by the State as a private individual, without
being devoted of national wealth
- similar to patriomonial properties of the State
 CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN
UNDER THE CONSTITUTION
SECTION 3. LANDS OF THE PUBLIC DOMAIN ARE
CLASSIFIED INTO:
- Agricultural
- Forest/timber
- Mineral lands &
- National Parks
Note:Classification of public lands is an exclusive
prerogative of the Executive Department through the
Office of the President, upon recommendation by the
DENR and not to the court.
- Classification is descriptive of the legal nature of the
land and NOT what it looks like. Thus, the fact that
forest land is denuded does not mean it is no longer
forest land.
 CLASSIFICATION OF ALIENABLE AND DISPOSABLE LANDS
For the administration and disposition of
alienable and disposable lands, they are classified
under the Public Land Law according to the use and
purposes to which such lands may be destined, as
follows:
- Agricultural ( farm land)
- Residential, commercial, industrial, or for similar
productive purposes;
- Educational, charitable, or other similar purposes; and
- Reservations for town sites and for public and quasi-
public uses
 The President upon recommendation of the Secretary
of DENR is authorized to make the above classification
as well as to transfer lands from one class to another
from time to time as circumstances may warrant ( CA
No. 141., Sec. 9)
 Under the Revised Administrative Code, alienable
lands of the public domain may be ordered reserved
by the President for specific purpose or service
 Old Constitution: they all form under the category of
agricultural lands, they not being forest nor mineral
lands.
 Under Public Land Act term “agricultural” is used in a
limited sense, and is meant distinctly as a farmland.
2

 CLASSIFICATION OR RECLASSIFICATION OF PUBLIC
LANDS AN EXECUTIVE PREROGATIVE – not the courts.
(Section 6 of CA No. 141)
Before the government could alienate or dispose lands
of the public domain, the President must first officially
classify these lands as alienable and disposable, and
declare them open to disposition or concession.
 GOVERNMENT LAND AND PUBLIC LANDS DISTINGUISHED
(PL = PD) (GL ≠PL)
Public Land - is equivalent to Public Domain, includes
lands open to private appropriation and settlement by
homestead and other like general laws.
Government Land – more extensive and embraces not
only the public land but also other lands of the
government already reserved or devoted to public use
or subject to private right.
 PREREQUISITE FOR DISPOSITION
 Before any public land may be alienated or disposed
of, it is indispensable that there be a formal declaration
by the President upon recommendation of the
Secretary of DENR to the effect that such lands are
open to disposition or concession, and whenever
practicable the lands should have been previously
surveyed.
 Alienation or disposition or concession as used in Public
Land Act is meant any of the methods authorized by
the said law for the acquisition, lease, use or benefit of
the lands of the public domain other than timber or
mineral land.
Modes of Disposition
1. For homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization ( free patent)
 HOMESTEAD SETTLEMENT
Entitled to Patent:
- Any citizen of the Philippines over 18 or head of the
family may enter a homestead of not exceeding 12
hectares of agricultural land of public domain.
- The applicant must, cultivate or improved at least 1/5
of the land continuously since the approval of the
application.
- Must resided for at least 1 year in the municipality or
municipality adjacent in which the land is located.
- Payment of required fee
 EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS
- When a homesteader has complied with all the terms
and conditions which entitle him to a patent for a
particular tract of public land, he acquires a vested
interest therein, and is to be regarded as the equitable
owner thereof
- The execution and delivery of the patent, after the right
to a particular piece of land has become complete,
are the mere ministerial acts of the officer charged with
that duty
- Even without the patent, a perfected homestead is a
property right in the fullest sense, unaffected by the
fact that the paramount title to the land is still in the
government
 TRANSFER OF RIGHTS
- The applicant must prove to the Director of Lands that
he has already complied with all the requirements of
Public Land Act
the law and can no longer continue with this
homestead, and there is a bona fide purchaser for the
rights and improvements of the applicant on the land.
- Upon the approval of the Director of Lands, may
transfer his rights to the land and improvements to any
person legally qualified to apply for a homestead.
- Immediately after such transfer, the purchaser shall file
a homestead application to the land.
Note: Any person who has transferred his right may not
again apply for a new homestead. Every transfer
without the approval of the Director of Lands shall be
null and void and shall result in the cancellation of the
entry and the refusal of patent.
 SALE OF PUBLIC AGRICULTURAL LANDS
- Any citizen of lawful age or the head of the family may
purchase any tract of public agricultural land not to
exceed 12 hectares which shall be sold through sealed
bidding
- The land shall be awarded to the highest bidder, but
the applicant may equal the highest bid
- The purchase price may be paid in full upon the
making of the award or in not more than 10 equal
annual installments from the date of the award
- It is required that the purchaser shall have not less than
1/5 of the land cultivated within 5 years from the date
of the award, and before any patent is issued, he must
show actual occupancy, cultivation and improvement
of at least 1/5 of the land until the date of final
payment
 LEASE
Any corporations or associations at least 60% of capital
stock belong wholly to Filipino citizens, may lease any
tract of agricultural public land available for lease.
FOR PRIVATE CORPORATIONS OR ASSOCIATIONS
- They can only hold alienable lands of the public
domain BY LEASE
- Cannot exceed 25 years, renewable for not more than
25 years
- Lease cannot exceed 1,000 hectares
FOR FILIPINO CITIZENS
- Can lease up to 500 hectares
- Can ACQUIRE not more than 12 hectares by purchase,
homestead or grant.
- Taking into account the requirements of conservation,
ecology and development, and subject to the
requirements of agrarian reform, Congress shall
determine by law the size of the lands of the public
domain which may be acquired, developed, held or
lease and the conditions therefore.
 CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE -
JUDICIAL LEGALIZATION
REQUISITE FOR AVAILMENT:
- The applicant must be a Filipino citizen
- He must have, by himself or through his
predecessors in interest, possessed and
occupied an alienable and disposable
agricultural portion of public domain.
- Such possession and occupation must have
been open, continuous, exclusive, notorious
and in the concept of owner, since June 12,
1945
- The application must be filed with the proper
court
Period of possession: June 12, 1945
Additional requirement: (Class Discussion)
Witness: At least 10 years old in the year of 1945.
Tax declaration
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 Note: Limiting the are applied for to 12 hectares, lands
must be occupied by himself or through his
predecessors in interest, possessed and occupied an
alienable and disposable agricultural portion of public
domain. Land must be alienable and disposable at the
time of the application for confirmation is filed. Land
not registrable as when it forms part of the public forest.
 LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER
ONLY AGRICULTURE LANDS MAY BE SUBJECT OF
ALIENATION.
 CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE -
ADMINISTRATIVE LEGALIZATION ( FREE PATENT)
Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at least
30 years prior to the effectivity of this amendatory Act,
has continuously occupied and cultivated, either by
himself or through his predecessors-in interest a tract or
tracts of agricultural public lands subject to disposition,
who shall have paid the real estate tax thereon while
the same hasn’t been occupied by any person shall be
entitled, under the provisions of this Chapter, to have a
free patent issued to him for such tract or tracts of such
land not to exceed 12 hectares.
 RESERVATIONS
 CLASSIFICATION AND DISPOSITION OF LANDS FOR
RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES - is
governed by Chapter 9 of the Public Land Act
Lands are classified as:
- Lands reclaimed by the government by dredging, filling
or other means;
- Foreshore
Note:The first two shall be disposed of by lease only
- Marshy lands or lands covered with water bordering on
the shores or banks of navigable lakes or rivers
- Lands not included in any of the foregoing classes
Note: The last two may be sold with the condition that
the purchaser shall make improvements of a
permanent character appropriate for the purpose for
which the land is purchased within 18 months from the
date of the award.
 LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL
PURPOSES SHALL BE DISPOSED OF THROUGH ORAL
BIDDING (SECTION 67, CA 141) EXCEPTION (DIRECT
SALE)
Republic Act 730 allows the direct sale of public lands
for residential purposes to qualified applicants under
certain conditions:
- Filipino citizen of legal age
- Must not be the owner of a home lot in the municipality
or city in which he resides
- Have established in good faith his residence on a
parcel of public land which is not needed for public
service
- Have constructed his house and actually resided
therein
If the applicant complies with the above, he is given
preference to purchase at a private sale not more than
1000 sq.m. of land at a price to be fixed by the Director
of Lands.
 SPECIAL PATENTS
 SALE OF LANDS WITHIN MILITARY RESERVATIONS
- Pursuant to Republic Act 274, lands within military
reservations when declared by the President as no
longer needed for military purposes may be subdivided
by the Director of Lands and thereafter sold to persons
qualified to acquire agricultural public lands under the
Public Land Act, with priority given to bona fide
occupants and then to war veterans
Public Land Act
- The area shall be determined by the Director of Lands
according to the nature of the land, the number of
prospective applicants, and the purposes for which it
will be utilized.
SIMILAR PURPOSES
The President upon recommendation of the Secretary
of Environment and Natural Resources may execute
contract for sale or lease a portion of public land when
needed by any province, municipality, or other branch
or subdivision of the government, for the purpose of
founding a cemetery, church, college, school,
university, or other institutions for educational,
charitable, or philanthropical purposes or scientific
research, the area to be such as may actually and
reasonably be necessary to carry out such purposes
- The Secretary of DENR may order the sale to be made
without public auction, at a price fixed by him.
TOWNSITE RESERVATION
- Whenever it shall be considered to be in the public
interest to found a new town. The Secretary of
Environment and Natural Resources shall direct the
Director of Lands to have a survey of the exterior
boundaries of the site on which such town is to be
established, and upon the completion of the survey he
shall send the same to said Secretary, with his
recommendations.
- The Secretary, if he approves the recommendations of
the Director of Lands, shall submit the matter to the
President to the end that the latter may issue a
proclamation reserving the land surveyed, or such part
thereof as he may deem proper, as a town site.
RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC
PURPOSES
- Upon the recommendation of the Secretary of DENR,
the President may designate by proclamation any
tract/s of land of the public domain as reservations for
the use of the RP or any of its branches, or of the
inhabitants thereof, in accordance with the regulations
prescribed for this purpose, or for quasi-public uses or
purposes when the public interest requires it
- A certified copy of this proclamation shall be
forwarded to the Register of Deeds of the province or
city where the land lies
- Upon receipt of such copy, the Director of Lands shall
order the immediate survey of the proposed
reservation if the land has not been yet surveyed, and
as soon as the plat has been completed, he shall
proceed in accordance with the next following section
- The tract/s reserved shall be non-alienable and shall
not be subject to any occupation, entry, sale, lease, or
other disposition until again declared as alienable and
disposable
Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered by a
reservation of lands of the public domain and is issued
upon the promulgation of a special law or act of
Congress or by the DENR Secretary as authorized by the
President.
4
 REGISTRATION OF PATENTS AND ISSUANCE OF - It is not only the right but also the duty of the Director
CERTIFICATES OF TITLES of Lands to conduct the investigation of any alleged
fraud in securing the free patent and the
The patent or grant shall not take effecr as a corresponding title to a public land and to file the
conveyance or bind the land but shall operate only as corresponding court action for the reversion of the
a contract between the government and the grantee. same to the State, if the facts disclosed in the course of
It is the act of registration that conveys or affects the such investigation should so warrant.
lands, and binds third person.

- The indefeasibility of title over land previously public is

not a bar to an investigation by the Director of Lands as
 CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT to how such title has been acquired, if the purpose of
INDEFEASIBLE such investigation is to determine whether or not fraud
had been committed in securing such title in order that
- Registered owners under Torrens System, gives security
that the appropriate action for reversion may be filed
over the ownership of the land, it becomes private
by the government.
property and it is no longer subject to the disposition of
the Director of Lands.
-  GOVERNMENT MAY INITIATE ACTION FOR
- It has in its favor the presumption of regularity CANCELLATION OF TITLE AND REVERSION
-
- It becomes incontrovertible upon the expiration of 1 - Section 101 of Public Land Act provides for a remedy
year from the date of the order for issuance of the whereby lands of the public domain fraudulently
patent, hence, prescription cannot operate against the awarded to the applicant may be recovered or
registered owner. reverted back to its original owner, the government
- Office of Solicitor General shall represent the
government in all land registration and related
proceedings and institute actions for the reversion to
 TITLE NOT DEFEATED BY ADVERSE, OPEN AND NOTORIOUS the government of lands of the public domain and
POSSESSION. NEITHER CAN IT BE DEFEATED BY improvements thereon as well as lands held in violation
PRESCRIPTION. A CERTIFICATE TITLE CANNOT BE of the Constitution
COLLATERALLY ATTACKED. - It is improper for the government to file an action for
reversion of land titled to defendant pursuant to a free
patent where the alleged fraud consists in the fact that
 CADASTRAL REGISTRATION PROCEEDINGS
said land, at the time of issuance of the free patent was
no longer a part of the public domain, having been
adjudicated as private property of another person in a
CADASTRAL PROCEEDINGS (PANG MALAWAKAN TO!)
previous registration case
- Upon the initiative of the government
- An action for reversion on the ground that defendant
- To have titles to all lands in the stated area adjudicated
obtained patent through fraud would also fail where
- Public interest demands that titles to any unregistered
the land had successively been sold by the heirs of the
land settled and adjudicated
patentee to third parties who are holding Torrens titles
The principal aim is to settle as much as possible all
and enjoying the presumption of good faith
disputes over the land and to remove all clouds over
-
the land titles as far as practicable, in a community
Private parties cannot challenge the validity of the
- Nature of a proceeding in rem
patent and title when they are not registered owners
thereof nor had they been declared the owners as
owners in the cadastral proceedings— whether the
 FRIAR LANDS
grant was in conformity with the law or not is a question
which the government may raise, but until it is raised by
- Private lands purchased by the government for sale to
the government and set aside, the defendant cannot
actual occupants under the provisions of Act 1120 or
question it. The legality of the grant is a question
the Friar Lands Act
between the grantee and the government.
- These lands are not public lands but private and
patrimonial lands of the government
 ACTION FOR NULLITY OF LAND TITLES DISTINGUISHED
- The Land Management Bureau shall first issue a
FROM REVERSION
certificate stating therein that the government has
agreed to sell the land to such settler or occupant
The difference between them lies in the allegations as
- The latter shall then accept the certificate and agree
to the character of the ownership of realty whose title is
to pay the purchase price so fixed, in installments and
sought to be nullified.
at the rate of interest specified in the certificate
- The conveyance or certificate of sale executed in favor
Reversion - pertinent allegations in the complaint
of a buyer is a conveyance of ownership of the
would admit State ownership of the disputed land. The
property, subject only to the resolutory condition that
portion affected by the amendment would revert back
the sale may be cancelled if the price agreed upon is
to the public domain.
not paid in full
Action for declaration of nullity of free patent and
 REVERSION– fraud had been committed in securing
certificate title – the land is beyond the jurisdiction of
such title.
the Director of Lands to bestow and whatever patent
or certificate title therefore is consequently void ab
Reversion of land acquired through fraud
initio. The real party in interest is not the State but the
The uncontroverted rule is that, the doctrine of
plaintiff who alleges pre existing right of ownership over
indefeasibility of Torrens Title does not bar the filing of
the parcel of land in question even the grant of title to
an action for cancellation of title and reversion of land
the defendant.
even if more than one year has elapsed from the
issuance of the free patent in case of fraud in obtaining
Note: Beyond the jurisdiction of Director of Lands
it.
because the land is private owned already.

 DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO

INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS

Public Land Act 5

 WHERE REVERSION IS IMPROPER
In the case of Republic v. Umali, the government
sought for the reversion of parcel of land on the ground
that the original sale thereof from the government was
based on a forgery and therefore void ab initio.
However, the respondents are transferees, claiming to
be innocent purchasers. Since the respondents are
transferees in good faith and for value and for value
and that the original acquisition thereof, although
fraudulent, did not affect their own titles.
entry or by any other suitable remedy that our rules
provide
- The grant of power and duty to alienate and dispose of
the land doesn’t divest the courts of their duty or power
to take cognizance of actions instituted by settlers or
occupants or applicants against others to protect their
respective possessions and occupations, more
especially the actions of trespass, forcible entry and
unlawful detainer

Note: Reversion does not apply to transferees, who are

innocent purchasers. It only applies to applicant who
committed fraud in securing such title.

 PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION

If there has been any fraud or misrepresentation in
obtaining the title, an action for reversion instituted by
the Solicitor General would be the proper remedy

 ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION,

LACHES

Statute of limitations doesn’t run against the State

 ACTION FOR CANCELLATION OF TITLE

Proper when a private party claims ownership of the

land as private property by virtue of a long period of
possession and hence, no longer deemed a part of the
public domain which could be disposed of under the
provisions of the Public Land Act, or when the land is
already covered by a previously issued certificate of
title.

 ACTION FOR RECONVEYANCE – BRING THE LAND BACK

TO THE OWNER.

- Legal and equitable remedy granted to the rightful

owner of the land which has been wrongfully or
erroneously registered in the name of another for the
purpose of compelling the latter to transfer or reconvey
the land to him
- After one year from the issuance of the decree, may
bring action for reconveyance of the property
Only to show that the person who secured the
registration of the questioned property is not the real
owner thereof
- Seeks to transfer or reconvey the land from the
registered owner to the rightful owner

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR

FROM THE ISSUANCE OF DECREE

- Action for reconveyance still available as remedy

- Action in personam that it is always as long as the
property has not passed to an innocent purchaser for
value

RELEVANT ALLEGATIONS

- That the plaintiff is the owner of the land

- That the defendant has illegally disposed him of the
same

NOTE: The nullification of defendant’s land would not

result in the reversion of the land to State but remains
private property, the plaintiff-claimant may seeks direct
reconveyance.

 COURTS HAVE JURISDICTION OVER POSSESSORY

ACTIONS INVOLVING PUBLIC LANDS

- Even pending the investigation of, and resolution on,

an application by a bona fide occupant, by the priority
of his application and record of his duty, he acquires a
right to the possession of the public land he applied for
against any other public land applicant, which right
may be protected by the possessory action of forcible

Public Land Act 6