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CHAPTER 03.00.01: ORP - APPLICATIONS, ARTICLE 1135. In case the adverse…

- - - - ACCESSION/ACCRETION
        (PRIVATE Land)
        (ABANDONED River Beds)
        “(2) Those who have acquired ownership of private lands or abandoned riverbeds by right of accession or accretion under the provisions of existing laws.
        
        ANY OTHER MANNER PROVIDED BY LAW
        (3) Those who have acquired ownership of land in any other manner provided for by law.
        
        CO-OWNERSHIP:
        IF CO-OWNED -> ALL CO-OWNERS
        JOINTLY APPLY
        Where the land is owned in common, all the co-owners shall file the application jointly.
        
        PACTO DE RECTRO:
        IF SOLD UNDER PACTO DE RETRO -> DEPENDS ON REDEMPTION EXPIRY
        Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land: Provided, however, That should 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.
        
        AFTER REDEMPTION EXPIRY
        + PENDING PROCEEDINGS -> VENDEE (SUBSTITUTION)
        
        TRUST:
        TRUSTEE MAY APPLY ON BEHALF OF PRINCIPAL
        A trustee on behalf of the principal may apply for original registration of any land held in trust by the trustee, unless prohibited by the instrument creating the trust.
        
        IF ADVERSE CLAIM UNDER TRUST IMPLIED/CONSTRUCTIVE -> MUST BE REGISTERED
        Whoever claims an interest in registered land by reason of any implied or constructive trust shall file with the Register of Deeds for registration a sworn statement containing a description of the land, the name of the registered owner and a reference to the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration. 24
        
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        PRESCRIPTION (PRIVATE) (10/30)
        (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.
        
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        UNLESS PROHIBITED BY TRUST
        
        VENDEE MAY ALSO REGISTER
        BUT VENDOR'S RIGHT MUST BE NOTED
        A sale withpacto de retro transfers the legal title to the vendee and the vendee is subrogated to all the rights and actions of the vendor, subject to the latter's right of redemption. Having the legal title to the land, the vendee a retro has therefore a registrable title thereto which may be the subject of initial registration. The right to redeem the property retained by the vendor a retro should only be noted in the decree and certificate of title that may be issued.
        
        BEFORE REDEMPTION EXPIRY -> VENDOR
        (BUT sir's book says ALSO VENDEE may register, but most only note Vendor's right to redeem)
        
        AFTER REDEMPTION EXPIRY -> VENDEE
        
        ALIENATION OF PART LIMITED TO
        PORTION ALLOTED TO CO-OWNER
        NCC 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. (399)
        
        REGISTERING
        PART REQUIRES PARTITION
        Since a co-owner cannot he considered a true owner of a specific portion until division or partition is effected, he cannot file an application for registration for the whole area without joining the co-owners as applicants. Since a co-owner cannot he considered a true owner of a specific portion until division or partition is effected, he cannot file an application for registration for the whole area without joining the co-owners as applicants.
        
        EXCEPTION:
        UNLESS OTHERWISE PROVIDED BY LAW
        Section 14(2) which specifically allows qualified individuals to apply for the registration of property, ownership of which he has acquired by prescription under existing laws.
        
        MAY EITHER BE:
        
        CONGRESS
        
        EXECUTIVE ACT (As auth by law?)
        Section 14(4) refers to acquisition of ownership "in any other manner provided for by law," which could either be a statute or executive act.
        
        IPRA: INDIVS OF ICC/IPs MAY REGISTER ANCESTRAL LANDS UNDER PRD IF:
        a. INDIVIDUALLY OWNED
        b. ANCESTRAL LANDS
        c. CONTINUOUS POSSESSION & OCC
        d. SINCE
        -TIME IMMEMORIAL
        -30 YEARS PRECEDING OCT. 29, 1997 (Approval of IPRA)
        e. AGRI
        f. ACTUALLY USED FOR:
        -AGRI
        -RESI
        -PASTURE
        -TREE FARMING
        Under RA No. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA), approved October 29, 1997, individual members of cultural communities, with respect to their individually-owned ancestral lands who, by themselves or through their predecessors-in-interest,
        
        have been in continuous possession and occupation of the same in the concept of owner since time immemorial or for a period of not less than thirty (30) years immediately preceding the approval of the Act (Oct. 29, 1997) shall have the option to secure title to their ancestral lands under the provisions of CA No. 141, as amended (Public Land Act) or PD No. 1529 (Property Registration Decree).
        The law requires that said ancestral lands must be agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes.
        
        FORESHORE AND OFFSHORE AREAS
        (2) Registration of foreshore and offshore areas through "special patents"
        
        A "special patent" is a form of land grant whereby the government, by an act of Congress or executive order, conveys land in full ownership to the grantee without regard to its classification.
        
        RESERVATION FOR A
        -SPECIFIC PUBLIC PURPOSE BY
        =PRESIDENTIAL PROCLAMATION
        
        EARLIER SALES AWARD < LATER RESERVE
        In Republic, rep. by the Mindanao Medical Center v. Court of Appeals,76 the trial court ordered the registration of Lot No. 1176- B-2 situated in Davao City, which was reserved by a Presidential proclamation for medical site purposes in 1956 in favor of petitioner Mindanao Medical Center. Respondent Alejandro de Jesus questioned the registration on the ground that his father, Eugenio de Jesus, had acquired a vested right over the subject lot by virtue of a sales award earlier issued to him by the Director of Lands. On appeal, the Supreme Court ruled in favor of petitioner. It held that Proclamation No. 350 legally effected a land grant to the Mindanao Medical Center validly sufficient for initial registration under the Land Registration Act (Property Registration Decree). Such grant is constitutive of a "fee simple" title or absolute title in favor of petitioner
        
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        PD No. 1085, issued on February 4, 1977, authorized the issuance of special land patents for lands reclaimed from foreshore or submerged areas by the Public Estates Authority (PEA), later renamed Public Reclamation Authority (PRA) under EO No. 380, dated October 26, 2004. Pursuant to its mandate, PRA reclaimed several portions of the foreshore and offshore areas of Manila Bay, including those located in Parafiaque City, and were issued Original Certificates of Title Nos. 180, 202, 206, 207, 289, 557, and 559 arid Transfer Certificates of Title Nos. 104628, 7312, 7309, 7311, 9685, and 9686 over the reclaimed lands. 72
        
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        DECLARED A & D
        The law classifies these lands as already alienable and disposable agricultural lands, including those with a slope of eighteen percent (18%) or more.
        
        REGISTRATION UNDER:
        
        IPRA
        
        FORESHORE & OFFSHORE AREAS
        -THROUGH SPECIAL PATENTS
        
        RESERVATION FOR A SPECIFIC PUBLIC PURPOSE BY PRES PROC
        
        SUMMARY OF RULES ON DISPOSITION OF PUBLIC LAND OR PUBLIC DOMAIN
        
        ALL LANDS OF PUBLIC DOMAIN:
        
        BELONG TO STATE
        
        INALIENABLE
        (1) As a general rule and pursuant to the Regalian doctrine, all lands of the public domain belong to the State and are inalienable.
        
        EXCEPTION:
        (2) The following are excepted from the general rule, to wit:
        
        AGRICULTURAL LANDS
        (a) Agricultural lands of the public domain are rendered alienable and disposable through any of the exclusive modes enumerated under Section 11 of the Public Land Act. If the mode is judicial confirmation of imperfect title under Section 48(b) of the Public Land Act, the agricultural land subject of the application needs only to be classified as alienable and disposable as of the time of the application, provided the applicant's possession and occupation of the land dated back to June 12, 1945, or earlier. Thereby, a conclusive presumption that the applicant has performed all the conditions essential to a government grant arises, and the applicant becomes the owner of the land by virtue of an imperfect or incomplete title. By legal fiction, the land has already ceased to be part of the public domain and has become private property.
        
        PATRIMONIAL PROPERTY
        (b) Lands of the public domain subsequently classified or declared as no longer intended for public use or for the · development of national wealth are removed from the sphere of public dominion and are considered converted into patrimonial lands or lands of private ownership that may be alienated or disposed through any of the modes of acquiring ownership under the Civil Code. If the mode of acquisition is prescription, whether ordinary or extraordinary, proof that the land has been already converted to private ownership prior to the requisite acquisitive prescriptive period is a condition sine qua non in observance of the law (Article 1118, Civil Code) that property of the State not patrimonial in character shall not be the object of prescription.
        
        NO CLEAR PRIVATE OWNERSHIP -> PUBLIC
        Lands that are not clearly under private ownership are also presumed to belong to the State and, therefore, may not be alienated or disposed;
        
        LAND ACQUISITION BY PRIVATE CORPORATIONS
        
        PRIVATE CORPORATIONS CANNOT ACQUIRE A & D LANDS OF PUBLIC DOMAIN
        1987 CONSTI ART. XII SECTION 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant.
        Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor.
        
        REGISTRABLE OCEAN BY TRANSFEROR
        -> PRIVATE -> NOT ALIENABLE LANDS OF THE PUBLIC DOMAIN
        The rule then is that private corporations or associations are disqualified from acquiring alienable lands of the public domain. But jurisprudence has evolved a doctrinal precept, distinctly rooted in Susi v. Razon,19 among other cases, that where at the time the corporation acquired the land, its predecessor-in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporations acquiring alienable lands of the public domain except through lease does not apply for the land was no longer public land but private property.
        [Susi v. Razon]
        [Natividad v. CA and Republic]
        
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        PRIVATE -> MAY BE ACQUIRED
        Thus, if the land is private to begin with, the prohibition does not apply and the private corporation may acquire land which is private.
        
        9. VESTED RIGHTS CANNOT BE IMPAIRED BY SUBSEQUENT! LAWS
        
        VESTED RIGHT = FIXED & ESTABLISHED AND IS NO LONGER OPEN TO DOUBT
        A right is vested when the right to enjoyment, present or prospective, has become the property of some particular person or persons as a present interest. It is some right or interest in property which has become fixed and established and is no longer open to doubt or controversy.
        [Ayog v. Cusi]
        
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        ILLUSTRATIVE CASES OF
        NO DUE PROCESS
        
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        ABANDONED RIVER BEDS!:
        IPSO FACTO OWNED BY
        
        OWNERS OF LANDS:
        -OCCUPIED BY NEW COURSE
        -IN PROPORTION TO AREA LOST
        ARTICLE 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 course in proportion to the area lost.
        
        OLD BED!:
        MAY BE ACQUIRED AND PAID BY:
        
        OWNERS OF LANDS
        -ADJOINING OLD BED
        However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof,
        
        MAX VALUE:
        VALUE OF AREA OCCUPIED BY NEW BED
        which value shall not exceed the value of the area occupied by the new bed. (370a)
        
        ACCRETION BY BANKS! OF RIVERS:
        OWNED BY
        
        OWNERS OF LANDS
        -ADJOINING RIVER BANKS
        -GRADUALLY RECEIVED FROM
        --EFFECTS OF CURRENT OF WATERS
        ARTICLE 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. (366)
        
        REQS FOR ART. 461 APPLICABILITY:
        The article requires the concurrence of three requisites before an accretion is said to have taken place.
        
        GRADUAL & IMPERCEPTIBLE DEPOSIT
        They are: (a) That the deposit be gradual and imperceptible;
        
        CAUSED BY EFFECTS OF RIVER CURRENT
        (b) That it be made through the effects of the current of the water; and
        
        ADJACENT TO BANKS
        (c) That the land where accretion takes place is adjacent to the banks of rivers.63
        [Republic v. Santos III, GR. 180027, July 18, 2012]
        
        PRESUMED:
        GRADUAL & ACCRETION
        In the absence of evidence that the change in the course of the river was sudden or that it occurred through avulsion, the presumption is that the change was gradual and caused by accretion and erosion.
        [Bagaipo v. Ca, G.R. No. 116290, 2000]
        
        —
        REGISTRATION DOES
        NOT PROTECT FROM DIMINUTION
        The fact that the accretion to one's land used to pertain to another's estate, which is covered by a Torrens certificate of title, cannot preclude the former from being the owner thereof. Registration does not protect the riparian owner against the diminution of the area of his land through gradual changes in the course of the adjoining stream.
        
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        PROVEN:
        EXCLUDES DEPOSITS CAUSED BY
        HUMAN INTERVENTION
        The requirement that the deposit should be due to the effects of the current of the river is indispensable. This excludes from Article 457 all deposits caused by human intervention. There must be evidence to prove that the addition to the property was made gradually through the effects· of the current of the river. A riparian owner then does not acquire the additions to his land caused by special works expressly intended or designed to bring about accretion.
        [Agcaoili]
        
        BORDERING LAND POSSESSED =
        COVERS ACCRETION
        Acts of possession exercised over the bordering land are always understood legally to cover that portion added to the property by accretion.
        [Bagaipo v. Ca, G.R. No. 116290, 2000]
        
        ACCRETION ALONG BANKS!
        CREEKS, STREAMS, & LAKES
        OWNED BY:
        ADJOINING OWNERS OF LAND
        "Spanish Law of Waters of 1866, ART. 84.
        Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by accessions or sediments from the waters thereof, belong to the owners of such lands."
        
        AUTOMATICALLY PRIVATE
        From the foregoing provision, alluvial deposits along the banks. of creeks, streams and lakes do not form part of the public domain as the alluvial property automatically belongs to the owner of the estate to which it may have been added.
        
        DRIED UP CREEK BED!
        
        OWNED BY STATE
        
        PUBLIC DOMINION
        But a dried-up creek bed is property of public dominion.66
        
        SEAS
        ALLUVIONS BY SEASHORE!
        
        OWNED BY STATE
        
        PUBLIC DOMINION
        In contrast to the rule on accretion, alluvial formation along the seashore is part of the public domain and, therefore, not open to acquisition by adverse possession by private persons.
        
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        NOT AUTOMATICALLY PRIVATE:
        PERMISSION REQUIRED
        Indeed, private persons cannot; by themselves, reclaim land from water bodies belonging to the public domain without proper permission from government authorities.
        [Agcaoili]
        
        FURTHER SUBJECT TO
        TERMS OF AUTHORITY GRANTED
        And even if such reclamation had been authorized, the reclaimed land does not automatically belong to the party reclaiming the same as they may still be subject to the terms of the authority earlier granted.
        [Agcaoili]
        
        REQS FOR ART. 461 APPLICABILITY
        The requisites for the application of Article 461 are:
        
        SUDDEN CHANGE
        -OLD RIVER MAY BE IDENTIFIED
        (a) The change must be sudden in order that the old river may be identified;
        
        PERMANENT CHANGE, MORE OR LESS
        -NOT TEMPORARY OVERFLOODING
        (b) The changing of the course must be more or less permanent, and not temporary overflooding of another's land;
        
        NATURAL, NOT ARTIFICIAL
        (c) The change of the river must be a natural one, i.e., caused by natural forces (and not by artificial means);
        
        ABANDONMENT BY GOV'T
        -DEFINITE
        (d) There must be definite abandonment by the government.
        (If the government shortly after the change decides and actually takes steps to bring the river to its old bed, Article 461 will not apply for, here, it cannot be said that there was abandonment); and
        
        CONTINUED EXISTENCE OF RIVER
        (e) The river must continue to exist, that is, it must not completely dry up or disappear.
        [Agcaoili]
        
        "RIPARIAN OWNER" = OWNER OF LAND ALONGSIDE WATERCOURSE
        If you own land alongside a watercourse you are legally termed a riparian owner.
        [Derbyshire.gov.uk]
        
        NOT AUTOMATICALLY REGISTERED
        NOT REGISTERED -> PRESCRIPTIBLE
        The accretion does not become automatically registered land just because the lot which receives it is covered by a Torrens title thereby making the alluvial property imprescriptible. To bring an area formed by accretion under the Torrens system, there must be an application for registration filed for the purpose.8
      - OCEAN-PO
        -MAY BEGIN BEFORE A & D
        What is important in computing the period of possession is that the land has already been declared alienable and disposable at the time of the application for registration.
        [Republic v. Roasa]
        
        POSSESSION BEFORE A & D
        COUNTED
        Upon satisfaction of this requirement, the computation of the period may include the period of adverse possession prior to the declaration that land is alienable and disposable. 27
        
        POSSESSION BEFORE AGRI
        NOT COUNTED
        Where the trial court, in granting registration, counted the period of possession of private respondents before the same were released as forest lands for disposition, such release is tantamount to qualifying the latter to a grant on said lands while they were still non-disposable. Thus, even assuming that the transferees are innocent purchasers for value, their titles to said lands derived from the titles of private respondents which were not validly issued as they cover lands still a part of the public domain, may be cancelled.
      - ACTUAL, NOT CONSTRUCTIVE POSSESSION
        In Republic v. Alconaba,40 the Court, through Chief Justice Davide, explained that the intent behind the use of "possession" in conjunction with "occupation" is to emphasize the need for actual and not just constructive or fictional possession
        
        Public Domain - OCEAN-PO
        
        CAN BEGIN BEFORE A & D
        
        ACTUAL POSSESSION ONLY
        Possession CAN begin before A & D declaration.
        
        Patrimonial - PRESCRIPTION
        
        CAN'T BEGIN BEFORE A & D
        
        CONSTRUCTIVE POSSESSION TOO
        Possession CANNOT begin before A &D declaration.
      - DENR GEODETIC ENGINEER
        RA 11573 Simplified the process, now only requiring the certification by the DENR Geodetic Engineer that the land is A & D. As Sir said, "Only one" person has to be named certifying that the land is A & D.
        
        "BY NATURE" vs "CONVERTED"
        In turn, patrimonial property of the State may be further classified into two sub-categories:
        (i) those which are not property of public dominion or imbued with public purpose based on the State's current or intended use, and may thus be classified as patrimonial property "by nature" pursuant to Article 421; and
        (ii) those which previously assumed the nature of property of public dominion by virtue of the State's use, but which are no longer being used or intended for said purpose, and may thus be classified as "converted" patrimonial property pursuant to Article 422.
      - POSITIVE ACT OF GOV'T REQ:
        AGRI
        While it is true that the land classification map does not categorically state that the islands are public forests, the fact that they were unclassified lands leads to the same result. In the absence of the classification as mineral or timber land, the land remains unclassified land until released and rendered open to disposition... Thus, the Court has emphasized the need to show in registration proceedings that the government, through a positive act, has declassified inalienable public land into disposable land for agricultural or other purposes.
        (Federation of Coron, v. Secretary of the DENR, G.R. No. 247866 (Resolution), [Sept. 15, 2020])
        
        REGISTRATION OF
        INALIENABLE LAND = NULLIFIES TITLE
        The inclusion in a certificate of title of non-disposable public land, whether such title was issued during the. Spanish sovereignty or under the present Torrens system of registration, nullifies the title. 117
      - POSITIVE ACT OF GOV'T REQ:
        A & D
        There must be a positive act declaring land of the public domain as alienable and disposable. To prove that the land subject of an application for registration is alienable, the applicant must establish the existence of a positive act of the government,...
        (Federation of Coron v. Sec. of DENR)
        
        FORMS OF POSITIVE ACT:
        A & D
        
        PRES PROC
        
        EO
        
        ADMIN ACTION
        
        INVESTIG-REPORTS
        -BY BL INVESTIGATORS
        
        LAW
        
        CERTIFICATION AS A & D
        such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute. The applicant may also secure a certification from the government that the land claimed to have been possessed for the required number of years is alienable and disposable.
        
        PRIOR TO A & D, LAND IS BEYOND THE COMMERCE OF MAN
        Prior to the classification of such property to alienable and disposable, agricultural lands (being property of public dominion) are beyond the commerce of man. It is the classification of agricultural lands as alienable and disposable which places them within the commerce of man, and renders them capable of being the subject matter of contracts (such as a patent, the latter being a contract between the State and the grantee). In turn, the power to classify (and re-classify) land is vested solely in the Executive Department. 78
      - CONCLUSIVELY PRESUMED GRANT
        They 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 this section.
        
        NO LONGER PUBLIC = PRIVATE
        If by legal fiction, as stated in the Susi case, plaintiff is deemed to have acquired the lot by a grant of the State, it follows that the same had ceased to be part of the public domain and had become private property and, therefore, is beyond the control of the Director of Lands.
        
        SUBSEQUENT PATENT = VOID
        Consequently, the homestead patent and the original certificate of title covering said lot issued by the Director of Lands in favor of defendants can be said to be null and void, for having been issued through fraud, deceit and misrepresentation.||| (Mesina v. Vda. de Sonza, G.R. No. L-14722, [May 25, 1960], 108 PHIL 251-255)
      - "PUBLIC DOMAIN" INCLUDES:
        
        PUBLIC DOMINION
        
        PATRIMONIAL PROPERTY
        Hence, while lands of the public domain under the Constitution pertain to all lands owned or held by the State both in its public and private capacity, lands forming part of the public dominion under the Civil Code pertain only to those which are intended for public use, public service, or the development of national wealth, and excludes patrimonial property. Therefore, property of public dominion and patrimonial property, as defined by the Civil Code, both fall within the scope of public domain contemplated under the 1987 Constitution. (Republic v. Pasig Rizal Co., Inc.
        [February 15, 2022])
        
        "GOVERNMENT LAND INCLUDES:
        
        "PUBLIC DOMAIN" = "PUBLIC LANDS"
        
        NOT PUBLIC LANDS
        In Montano v. Insular Government,337 it was held that the phrase ''public lands" is equivalent to ''public domain," and does not by any means include all lands of government ownership, but only so much of said lands as are thrown open to private appropriation and settlement by homestead and other like general laws.
        
        Accordingly, ''government land" and ''public land" are not synonymous terms; the first includes not only the second, but also other lands of the government already reserved or devoted to public use or subject to private right. In other words, the government owns real estate which is part of the "public lands" and other real estate which is not a part thereof
        [Montano v. Insular Government, GR, 3714.]
        
        Excludes other real estate which not a part of "public lands" (Patrimonial property) from public lands
        
        ALIENABLE LANDS OF PUBLIC DOMAIN TO BECOME PRIVATE/PATRIMONIAL REQUIRES
        TRANSFER TO:
        
        QUALIFIED PRIVATE PARTIES
        
        GOVERNMENT ENTITIES
        . The alienable lands of the public domain must be transferred to qualified private parties, or to government entities not tasked to dispose of public lands, before these lands can become private or patrimonial lands. (Chavez v. Public Estates Authority, GR. 133250, July 9, 2002))
      - DECLARATION AS AGRI, SEPARATE FROM DECLARATION AS A & D
        The rights over the land are indivisible and that the land itself cannot be half agricultural and half mineral. The classification must be categorical; the land must be either completely mineral or completely agricultural.
        [Republic v. Pasig Rizal]
    - - The application, shall, in form, be substantially as follows:
        Republic of the Philippines
        Court of First Instance of _
        The undersigned, __hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and confirmed:
        AND DECLARE . . . . .
        
        That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:__ which is/are the property of _ residing at _ The said land, consisting of __ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:___
        
        That said land at the last assessment for taxation was assessed at P , Philippine currency, and the buildings and other improvements at P ___, Philippine currency.
        
        That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: ___
        
        That the applicant/s has/have acquired said land in the following manner: __
        
        (Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)
        
        That said land is occupied by the following person: _ __
        
        That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: __
        
        That the applicant/s is/are single or married to __ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)_ _
        
        That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows: ___
        
        That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.) __ ___
        
        That the following documents are attached hereto and made a part hereof: ___ __
        
        Signed at ___ this _ day of __, in the year nineteen hundred and __.
        
        Applicant
        
        (Post Office Address)
        
        REPUBLIC OF THE PHILIPPINES
        PROVINCE (OR CITY) OF ___
        
        On this ___ day of _,19 __ personally appeared before me the above- named __ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.
        The Residence Certificate/s __
      - IF NON-RESIDENT-> APPOINT AGENT RESIDING IN PH TO APPLY
        Section 16. Non-resident applicant.
        If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines,...
        
        WHERE TO FILE:
        RTC WHERE LAND IS SITUATED
        Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated.
        
        2 PARCELS OF LAND, 1 APP:
        ALLOWED IF: SAME PROVINCE/CITY
        Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city.
        
        AMENDMENT
        ALLOWED IF: JUST & REASONABLE
        ANY TIME :alarm_clock:
        Section 19. Amendments.
        Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms.
        
        IF BORDERS ON ROAD (PRIVATE/PUBLIC), THEN STATE:
        
        CLAIMS ON THE ROAD, IF ANY
        
        PORTIONS WITHIN LIMITS OF WAY/ROAD
        
        DESIRE TO HAVE LINE OF WAY DETERMINED, IF ANY
        Section 20. When land applied for borders on road. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.
        
        COURT MAY REQUIRE
        
        ADDITIONAL FACTS:
        -NOT INCONSISTENT WITH PRD
        
        ADDITIONAL PAPER
        Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper.
        
        2 more items...
        
        IF SUBSTANTIAL CHANGE IN BOUNDARIES or AREA or ADDED LAND, THEN SAME REQS AS ORIGINAL APP'S:
        
        PUBLICATION
        
        NOTICE
        Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application.
        
        COURT MAY, ANY TIME ORDER A:
        
        STRIKE OUT
        
        SEVERANCE
        The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application.
        
        Kelan strike out?
        Kelan severance?
        
        FILE TOGETHER WITH APPLICATION:
        
        ALL MUNIMENTS OF TITLES
        -(ORIG or COPIES)
        
        SURVEY PLAN (APPROVED)
        The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands.
        
        CLERK OF COURT ACCEPTANCE REQ:
        
        FURNISHED DIRECTOR OF LANDS
        a. COPY OF APPLICATION
        b. ALL ANNEXES
        The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes.
        
        MUST CONTAIN:
        
        AGENT'S FULL NAME & POSTAL ADDRESS
        
        AGREEMENT THAT LEGAL PROCESS
        -TO AGENT = TO HIM
        ...giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines.
        
        IF AGENT DIES/LEAVES -> APPOINT ANOTHER
        If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute,...
        
        NO APPOINT -> MAY DISMISS
        ...and, if he fails to do so the court may dismiss the application.
      - MULTIPLE APPLICANTS = ALL SWEAR
        If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each.
        
        CONTENTS:
        
        DESCRIPTION OF LAND
        
        CITIZENSHIP
        
        CIVIL STATUS
        a. SINGLE or MARRIED?
        -IF MARRIED, SPOUSE'S NAME
        -IF DISSOLVED, WHEN & HOW
        The application shall contain a description of the land and shall state the citizenship and civil status of the applicant, whether single or married, and, if married, the name of the wife or husband, and, if the marriage has been legally dissolved, when and how the marriage relation terminated.
        
        OCCUPANTS:
        
        FULL NAMES & ADDRESSES OF ALL
        -OCCUPANTS
        -IF KNOWN, ADJOINING OWNERS
        -IF NOT KNOWN, EXTENT OF SEARCH
        It shall also state the full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them.
        
        "By and in behalf of each?"
    - - IMPRINTED IN
        APPROVED SURVEY PLAN
        Said certification shall be imprinted in the approved survey plan submitted by the applicant in the land registration court.
        
        MUST CONTAIN
        
        SWORN STATEMENT OF A & D
        
        ENACTMENT:
        a. FORESTRY AO
        b. DENR AO
        c. EO
        d. PROCLAMATIONS
        
        LCP MAP #
        The imprinted certification in the plan shall contain a sworn statement by the geodetic engineer that the land is within the alienable and disposable lands of the public domain and shall state the applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, Proclamations and the Land Classification Project Map Number covering the subject land.
        
        IF NO ENACTMENT, THEN:
        
        LC MAP #
        
        PROJECT #
        
        RELEASE DATE IN LC MAP
        
        STATEMENT THAT LC MAP IS:
        a. EXISTING IN INVENTORY OF LC MAP RECORDS OF NaMRIA; AND
        b. BEING USED BY DENR AS LC MAP
        
        Should there be no available copy of the Forestry Administrative Order, Executive Order or Proclamation, it is sufficient that the Land Classification (LC) Map Number, Project Number, and date of release indicated in the land classification map be stated in the sworn statement declaring that
        said land classification map
        is existing in the inventory of LC Map records of the National Mapping and Resource Information Authority (NAMRIA) and
        is being used by the DENR as land classification map.
      - Does the fact that the DENR Geodetic Engineer's Certificate "is sufficient proof" mean that other kinds of proof no longer suffice?
        I don't think so. That would mean an implied repeal of the acts that declare lands A & D, and implied repeals are not favored.
      - NOT PRIMA FACIE EVIDENCE
        TESTIMONY OF DENR GE REQUIRED
        In addition, the DENR geodetic engineer must be presented as witness for proper authentication of the certification so presented.
        (Republic v. Pasig Rizal, 2022)
  - - - OWNERSHIP:
        PUBLIC OR PRIVATE?:
        Land, which is an immovable property, may be classified as either of public dominio or of private ownership.
        
        3. NOT PATRIMONIAL:
        IF BELONGING TO PRIV INDIV -> PRIVATE
        Land that is other than part of the patrimonial property of the State, provinces, cities, and municipalities is of private ownership if it belongs to a private individual.
        
        1. PUBLIC:
        Land is considered of public dominion if it either: (a) is intended for public use; or (b) belongs to the State, without being for public use, and is intended for some public service or for the development of the national wealth.
        
        INTENDED FOR PUBLIC USE
        
        NOT INTENDED FOR PUBLIC USE
        
        a. BELONGS TO STATE
        
        b. INTENDED FOR
        --PUBLIC SERVICE; OR
        --NATIONAL WEALTH DEVELOPMENT
        
        2. PATRIMONIAL:
        
        a. BELONGS TO STATE
        
        b. NOT INTENDED FOR PU/PS/NW
        Land belonging to the State that is not of such character, or although of such character but no longer intended for public use or for public service forms part of the patrimonial property of the State.
      - ALIENABILITY
        (This is whether the land is A & D)
  - - - INTERRUPTION MAY BE:
        
        NATURAL
        
        CIVIL
        ARTICLE 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)
        
        NATURAL INTERRUPTION:
        POSSESSION CEASED
        MORE! THAN 1YR
        ANY CAUSE
        ARTICLE 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.
        
        COUNTED & NO INTERRUPT:
        IF LESS THAN 1 YEAR = COUNTED
        ARTICLE 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. (n)
        
        OLD POSSESSION NOT REVIVED BY NEW POSSESSION
        The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)
        [NCC 1121]
        
        CIVIL INTERRUPTION:
        JUDICIAL SUMMONS
        ARTICLE 1123. Civil interruption is produced by judicial summons to the possessor. (1945a) cda
        
        COUNTED & NO INTERRUPT:
        NO JUDICIAL SUMMONS DEEMED
        ARTICLE 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:
        
        VOID
        (1) If it should be void for lack of legal solemnities;
        
        PLAINTIFF DESISTS or ALLOWS LAPSE
        (2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;
        
        DEFENDANT = POSSESSOR ABSOLVED
        (3) If the possessor should be absolved from the complaint.
        
        In all these cases, the period of the interruption shall be counted for the prescription. (1946a)
        
        POSSESSOR'S RECOGNITION:
        EXPRESS OR TACIT
        INTERRUPTS
        ARTICLE 1125. Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession. (1948)
    - - PRESCRIPTION
        
        GOOD FAITH:
        REASONABLE BELIEF THAT TRANSFEROR MAY TRANSFER
        ARTICLE 1127. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. (1950a)
        
        JUST TITLE:
        ARTICLE 1129. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. (n)
        
        TITLE MUST BE:
        TRUE AND VALID
        ARTICLE 1130. The title for prescription must be true and valid. (1953)
        
        TITLE MUST BE:
        PROVED, NEVER PRESUMED
        ARTICLE 1131. For the purposes of prescription, just title must be proved; it is never presumed. (1954a)
        
        GOOD FAITH:
        OTHER RULES
        ARTICLE 1128. The conditions of good faith required for possession in articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. (1951)
        
        POSSESSOR IN GOOD FAITH
        
        NOT AWARE OF FLAWS IN
        -TITLE
        -MODE OF ACQUISITION
        ARTICLE 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.
        
        GOOD FAITH: PRESUMED
        BAD FAITH: PROVEN
        ARTICLE 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (434)
        
        GOOD FAITH CONTINUES
        ARTICLE 528. Possession acquired in good faith does not lose this character
        
        2 more items...
        
        BAD FAITH IF NOT
        He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing.
        
        MISTAKE UPON
        DOUBTFUL/DIFFICULT QUESTION OF LAW
        MAY BE BASIS OF GOOD FAITH
        Mistake upon a doubtful or difficult question of law may be the basis of good faith. (433a)
      - SPECIAL LAW
        LANDS REGISTERED UNDER LAND REGISTRATION ACT (or PRD?)
        As to lands registered under the Land Registration Act, the provisions of that special law shall govern. (1949a)
- - - - PUBLIC AGRI LAND ONLY
        Section 48(b) of C.A. No. 141, as amended, applies exclusively to public agricultural land. Forest lands or areas covered with forests are excluded. They are incapable of registration and their inclusion in a title, whether such title be one issued during the Spanish sovereignty or under the present Torrens system of registration, nullifies the title.
        (Republic v. CA, G.R. No. L-40402,
        March 16, 1987)
        
        POSSESSION OF FOREST LANDS CANNOT RIPEN TO PRIVATE OWNERSHIP
        Thus, possession of forest lands, however long, cannot ripen into private ownership A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens System.
        (Republic v. CA, G.R. No. L-40402,
        March 16, 1987)
        
        POSSESSION WHEN F/T or M:
        NOT COUNTED
        Where the trial court, in granting registration, counted the period of possession of private respondents before the same were released as forest lands for disposition, such release is tantamount to qualifying the latter to a grant on said lands while they were still non-disposable. Thus, even assuming that the transferees are innocent purchasers for value, their titles to said lands derived from the titles of private respondents which were not validly issued as they cover lands still a part of the public domain, may be cancelled.
        (Republic v. CA, G.R. No. L-40402,
        March 16, 1987)
        
        ONLY POSSESSION UPON BEING AGRI
        Thus, even if the reopening of the cadastral proceedings was at all possible, private respondents have not qualified for a grant under Sec. 48(b) of Commonwealth Act 141, the facts being that private respondents could only be credited with 1 year, 9 months and 20 days possession and occupation of the lots involved, counted from July 6, 1965, the date when the land area in sitio San Jose, barrio Cabcaban, Mariveles, Bataan, known as Bataan PMD No. 267, which includes the lots claimed by respondents, had been segregated from the forest zone and released by the Bureau of Forestry as an agricultural land for disposition under the Public Land Act.||| (Republic v. Court of Appeals, G.R. No. L-40402, [March 16, 1987], 232 PHIL 444-458)
        
        IF FOREST/TIMBER or MINERAL =
        VOID CERTIFICATE
        A certificate of title is void when it covers property of public domain classified as forest or timber and mineral lands.
        (Republic v. CA, G.R. No. L-40402,
        March 16, 1987)
        
        INNOCENT PURCHASER FOR VALUE
        NOT A DEFENSE
        Any title issued on non-disposable lots even in the hands of an alleged innocent purchaser for value, shall be cancelled. 108
        
        INNOCENT PURCHASER FOR VALUE
        NOT A DEFENSE FROM INALIENABILITY
        Any title issued on non-disposable lots even in the hands of an alleged innocent purchaser for value, shall be cancelled. 108
        
        NO PRESUMPTION OF
        AGRICULTURAL LAND
        Section 13 of the Philippine Bill of 1902 states that the Government of the Philippine Islands could classify the lands of public domain either as agricultural, timber or mineral land. Contrary to petitioners' assertion, the law does not provide any presumption that a land of public domain is agricultural. Notably, it merely gave the said government the prerogative to classify land; nothing therein states that unclassified lands are ipso facto treated as agricultural land, which are alienable and disposable,
        X X X
        Thus, the State, through the legislature enacting Act No. 2874 and C.A. No. 141, delegated to the Executive Branch the power to classify lands of public domain and finally removed from the courts the power to classify such. Accordingly, the presumption of agricultural classification under Ankron and Ramos applied by the courts was also set aside. The removal of the court's presumption that a public land was agricultural was succinctly discussed in Yap, citing Vda. De Planca:
        [(Federation of Coron, Busuanga, Palawan Farmer's Association, Inc. v. Secretary of the Department of Environment and Natural Resources, G.R. No. 247866 (Resolution), G.R. No. 247866, September 15, 2020]
        
        COURTS CANNOT CLASSIFY LAND
        Since 1919, courts were no longer free to determine the classification of lands from the facts of each case, except those that have already became private lands. Act No. 2874, promulgated in 1919 and reproduced in [Sec] 6 of [C.A.] No. 141, gave the Executive Department, through the President, the exclusive prerogative to classify or reclassify public lands into alienable or disposable, mineral or forest. Since then, courts no longer had the authority, whether express or implied, to determine the classification of lands of the public domain.26
        [G.R. No. 247866, September 15, 2020]
        
        EXCEPT PRIVATE LANDS
        
        PRESUMED:
        UNCLASSIFIED -> FOREST LANDS
        In 1975, P.D. No. 705 was enacted and Sec. 3 (a) thereof essentially stated that lands of the public domain which have not been the subject of the present system of classification are considered as forest land. Verily, this provision is consistent with the Regalian Doctrine. Lands of public domain are, by default, owned by the State.
        [September 15, 2020])
        
        UNCLASSIFIED -> NOT SUBJECT TO PRIVATE OWNERSHIP
        However, it must be emphasized that even without Sec. 3 (a), which declared that unclassified lands are considered as forest lands, the exact same result shall apply — unclassified lands are still not subject to private ownership because they belong to the State and are not alienable and disposable lands of public domain.
        (G.R. No. 247866 (Reso.), [Sept. 15, 2020])
        
        NOT SHOWN TO BE RECLASSIFIED/RELEASED AS AGRICULTURAL LAND -> INALIENABLE PUBLIC DOMAIN
        Indeed, under the Regalian Doctrine, all lands of the public domain belong to the State, which is the source of any asserted right to any ownership of land. All lands not appearing to be clearly within private ownership are presumed to belong to the State. Accordingly, 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.||| (Federation of Coron, Busuanga, Palawan Farmer's Association, Inc. v. Secretary of the Department of Environment and Natural Resources, G.R. No. 247866 (Resolution), [September 15, 2020])
        
        NO FOREST? STILL FOREST LAND
        Finally, petitioners argue that only those lands with trees and timber should be considered as forest land, and the rest should be considered as public agricultural land. The argument fails.
        Even if an island or a parcel of land has already been stripped of its forest cover, it does not negate its character as public forest. Forests, in the context of both the Public Land Act and the Constitution classifying lands of the public domain into "agricultural, forest or timber, mineral lands, and national parks," do not necessarily refer to large tracts of wooded land or expanses covered by dense growths of trees and underbrushes.
        The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like.||| (Federation of Coron, Busuanga, Palawan Farmer's Association, Inc. v. Secretary of the Department of Environment and Natural Resources, G.R. No. 247866 (Resolution), [September 15, 2020])
        (Federation of Coron v. Secretary of DENR)
        
        OFFICIAL PROCLAMATION REQUIRED TO NOT BE FOREST ANYMORE
        Unless and until the land classified as "forest" is released in an official proclamation to that effect 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.||| (Federation of Coron v. Secretary of DENR)
        
        ABSENT EVIDENCE OF UNCLASSIFIED,
        STILL PRESUMED
        The fact that the land classification map showing subject property to be within the unclassified region is not presented in evidence will not operate against the State considering the well-settled rule that the State cannot be estopped by the omission, mistake or error of its officials or agents.
    - - HOW:
        PERSONALLY/REPRESENTATIVE
  - - - "Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares: Provided, further, That the several periods of time designated by the President in accordance with Section Forty-Five of this Act shall apply also to the lands comprised in the provisions of this Chapter, but this Section shall not be construed as prohibiting any said persons from acting under this Chapter at any time prior to the period fixed by the President.
    - - FINAL DECREE = BASIS FOR OCT
        The final decree of the court shall in every case be the basis for the original certificate of title in favor of the persons entitled to the property under the procedure prescribed in the Property Registration Decree.130
  - - - FURTHER CONTENTS:
        
        CITIZENSHIP
        The application shall also state the citizenship of the applicant and shall set forth fully
        
        NATURE OF CLAIM
        the nature of the claim
        
        FEES COLLECTED FROM APPLICANTS
        The fees provided to be paid for the registration of lands under the Land Registration Act shall be collected from applicants under this chapter.
        
        IF BASED ON PROCEEDING UNDER
        SPANISH LAWS -> COMPLIANCE THEREWITH
        and when based upon proceeding initiated under Spanish laws, it shall specify as exactly as possible the date and form of application for purchase composition or other form of grant, the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title,
        
        NON-COMPLIANCE -> REASON THEREFOR
        and if not fully complied with, the reason for such noncompliance, together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessors in interest; the use made of the land, and the nature of the inclosure, if any.
  - - - MINERALS OWNED BY THE STATE, EVEN IF FOUND IN PRIVATE/AGRI LAND
        In Republic v. Court of Appeals and De la Rosa,'10 Justice Cruz said that the Regalian doctrine 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 be private. The doctrine, as its name implies, is intended for the benefit of the State, not of private persons. The rule simply reserves to the State all minerals that may be found in public and even: private land devoted to "agricultural, industrial, commercial, residential or (for) any purpose other than mining." Thus, if 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 minerals without the permission of the State to which such minerals belong.
        
        STATE MAY DISCONTINUE CLASSIFICATION TO EXTRACT MINERALS
        BUT JUST COMPENSATION IS DUE
        Once minerals are discovered in the land, whatever the use to which it is being devoted at the time, such use may be discontinued by the State to enable it to extract the minerals therein in the exercise of its sovereign prerogative. The land is thus converted to mineral land and may not be used by any private party, including the registered owner thereof, for any other purpose that will impede the mining operations to be undertaken therein. For the loss sustained by such owner, he is of course entitled to just compensation under the Mining Laws or in appropriate expropriation proceedings.
- - - - SUBJECT MATTER
        
        PLA - IMPERFECT/INCOMPLETE TITLES
        The Public Land Act governs the judicial confirmation of imperfect or incomplete titles on the basis of possession and occupation of alienable portions of the public domain in the manner and for the length of time required by law. The relevant provisions are Sections 4 7 to 57, Chapter VIII of the Act.
        
        PRD - ALL LAWS RELATIVE TO REGISTRATION
        -SUPERSEDES ACT 498 or LRA
        (2) Property Registration Decree (PD No. 1529) The Property Registration Decree is a codification of all laws relative to registration of property, and "supersedes all other laws relative to registration of property."20 It has substantially incorporated the provisions of Act No. 496, or the Land Registration Act. Section 14, paragraphs (1) to (4), enumerates the persons who may apply for registration and the conditions therefor.
        
        CADASTRAL ACT (ACT No. 2259)
        The Cadastral Act is an offspring of the system of registration under the Land Registration Act. It aims to serve public interests by requiring that "the title' to any lands be titled and adjudicated." · It may be noted, however, that salient provisions in the Cadastral Act have now been carried over in the present Property Registration Decree, particularly in Sections 35 to 38 of the Decree.
        
        IPRA - NATIVE TITLE
        The Indigenous Peoples Rights Act (IPRA), approved October 29, 1997, recognizes the rights of ownership and possession of indigenous cultural communities or indigenous peoples (ICCs/ IPs) to their ancestral domains and ancestral lands on the basis of native title, and defines the extent of these lands and domains.
        
        What are imperfect or incomplete titles?
        
        IPRA -> PRD
        INDIVIDUALLY OWNED ANCESTRAL LANDS MAY BE REGISTERED UNDER PRD
        For purposes of registration, the IPRA expressly converts ancestral lands into public agricultural lands, and individual members of cultural communities, with respect to their individually-owned ancestral lands, shall have the option to secure a Torrens title to their ancestral lands under the provisions of the Public Land Act or the Property Registration Decree. This option is limited to ancestral lands only, not domains, and such lands must be individually, not communally, owned
        
        VOLUNTARY REGISTRATION
        
        PRD
        
        IPRA
        
        COMPULSORY
        
        CADASTRAL ACT
        It should be noted that while registration under the Public Land Act, Property Registration Decree and Indigenous Peoples Rights Act is voluntary, which means that it is the person claiming ownership who initiates the action, registration under the Cadastral Act is compulsory as it is the government itself which initiates the petition.