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Land Registration Procedures and Laws

This document summarizes key provisions and requirements for original registration of land titles under Philippine law. It discusses who may apply for original registration, including those with continuous possession since 1945 or earlier, those who acquired land through prescription or accession/accretion. It also outlines the process for judicial confirmation of imperfect titles, registration under the Indigenous People's Rights Act, required forms and contents for application, procedures for publication and opposition, and when a decree and certificate of title become effective. The document provides numerous citations to relevant case law to support and further explain each section.

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Chad Quinain
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77 views4 pages

Land Registration Procedures and Laws

This document summarizes key provisions and requirements for original registration of land titles under Philippine law. It discusses who may apply for original registration, including those with continuous possession since 1945 or earlier, those who acquired land through prescription or accession/accretion. It also outlines the process for judicial confirmation of imperfect titles, registration under the Indigenous People's Rights Act, required forms and contents for application, procedures for publication and opposition, and when a decree and certificate of title become effective. The document provides numerous citations to relevant case law to support and further explain each section.

Uploaded by

Chad Quinain
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Chapter III (Sections 14-38) 

ORIGINAL REGISTRATION

1. Application

Note: R.A. 11573 has amended provisions (Secs. 14 (1) and (2))

a. Who may apply: Section 14 of P.D. 1529

Section 14(1): Those who by themselves or through


their predecessor-in-interest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable lands
of the public domain under a bona fide claim of
ownership since June 12, 1945, or earlier.
i. Ong vs. Republic (G.R. No. 175746, March 21,
2008)
ii. Republic vs. Vega (G. R. No. 177790, Jan, 17,
2011)

Section 14(2): Those who have acquired ownership


of private lands by prescription under the
provision of existing laws.
i. Malabanan vs. Republic (G. R. No. 179987, April
29, 2009)
ii. Malabanan vs. Republic (G. R. No. 179987,
September 3, 2013)

Section 14(3): Those who have acquired ownership


of private lands or abandoned river beds by right
of accession or accretion under the existing laws.
i. Accession
ii. Accretion
a. Republic vs. Abrille (G. R. No. L-39248, May
7, 1976)
b. City mayor of Paranaque vs. Ebio (G. R. No.
178411, June 23, 2010)

Section 14(4): Those who have acquired ownership


of land in any other manner provided for by law.
i. Reservation for a specific purpose
ii. Titles by escheat under Rule 91, Rules of Court
iii. Donation
iv. Succession
v. Voluntary Alienation

2. Judicial Confirmation of Imperfect or Incomplete


Titles

Sec. 48 (b) of the Public Land Act, C.A. 141


a. Susi vs. Razon (G.R. No. 24066, December 9,
1925)
b. Republic vs. Noval (G. R. No. 170316, Sept. 18,
2017)
c. Republic vs. IAC and ACME Plywood and Veneer
Co. (G.R. No. 73002, Dec. 29, 1986)
d. Republic vs. Rovancy Realty (G. R. No. 190817,
Jan. 10, 2018)
e. Rep. vs. CA and Naguit (G.R. No. 144057, Jan.
17, 2005)
f. Republic vs. Herbieto (G.R. No. 156117, May 26,
2005)
g. Heirs of Mario Malabanan vs. Republic, Supra
h. Republic vs. Bacas (G. r. No. 182913, Nov. 20,
2013)
i. Sps. Fortuna vs. Republic (G.R. No.173423,
March 5, 201

3. Registration under the Indigenous People’s Rights Act

a. R.A. No. 8371


b. Constitutionality
c. Cruz vs Secretary of DENR, Supra
d. Ancestral Domains and Ancestral Lands
e. National Commission on Indigenous Peoples
(NCIP)

4. Forms and Contents (Section 15-19)

a. What to file
b. Where to file
i. Sec. 2. par. 2, P.D. 1529
ii. Sec. 34, BP 129, OCA Circ. 38-97
iii. Sec. 33, P.D. 1529 (Appeal to CA from
1st level courts

c. Steps in bringing a land under the Torrens


system
d. Amendments of boundaries or area
i. Section 19, P.D. 1529
ii. Republic vs. Guerrero (G. R. No. 133168,
March 28, 2006)
iii. Dream Village vs. Bases Development
Authority, G.R. No. 192896, July 24, 2013

a. Survey of the Land


i. Republic vs. Nicolas (G. R. No.
181435, October 2, 2017)
ii. Carpo vs. Ayala Land (G. R. No.
166577, February 3, 2010)
iii. Hua Ping vs. Ayala Land (G. R. No.
166577 & 173141, July 26, 2017 )

5. Publication, Opposition of and Default (Section 23)

a. Notice of Initial Hearing


i. Director of Lands vs. CA and Abistado (G.R.
No. 102858, July 28, 1997)

b. Proof Required in Registration Proceedings


i. Republic vs. dela Paz (G.R. No. 171631,
November 15, 2010)
ii. Republic vs. CA and Lapina (G.R. No.
108998, August 24, 1994)
iii. Republic vs. Espinosa (G. R. No. 171514,
July 18, 2012)

c. Issuance of Decree
i. Republic vs. Nillas (G.R. No. 159595, January
23, 2007)
ii. Ting vs. Heirs of Lirio (G.R. No. 168913,
March 14, 2007)
iii. Republic vs. Claro Yap (G. R. No. 231116
February 7, 2018)

d. When OCT takes effect


i. Manotok Realty vs. CLT Realty (G.R. No.
123346, December 14, 2007 and Resolution
dated March 31, 2009)
ii. Angeles vs. Sec. of Justice (G. R. No. 142549,
March 9, 2010)
iii. Republic vs Heirs of Sanchez (G.R. No.
212388, December 10, 2014
iv. Republic vs Yap (G.R. No. 231116, Feb. 7,
2018)
v. Republic of the Philippines vs Juan and Delia
Fule (G.R. No. 239273, March 2, 2020)

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