CLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION

> Classification is an executive function

> Lands of the public domain which are alienable or open to disposition may be further classified as
agricultural, residential, commercial, or industrial, or for similar productive purposes, educational, charitable, or
other similar purpose, and reservations for townsites and for public and quasi-public uses
MODES OF DISPOSITION
1. For homestead settlement
2. By sale
3. By lease
4. By confirmation of imperfect or incomplete title
a. By judicial legalization
b. By administrative legalization or free patent

NO PUBLIC LAND CAN BE ACQUIRED EXCEPT BY A GRANT FROM THE STATE
> No public land can be acquired by private persons without any grant, express or implied, from the
government
> It is indispensable that there be a showing of a title from the State
> The law requires at least 30 years of open, continuous, exclusive, and notorious possession and occupation
of agricultural lands of the public domain, under a bona fide claim of acquisition, immediately preceding the
filing of the application for free patent
ONLY ALIENABLE AND DISPOSABLE LANDS MAY BE THE SUBJECT OF DISPOSITION

DIFFERENCE BETWEEN PD 1529 AND PUBLIC LAND ACT

PROPERTY REGISTRATION DECREE
PD 1529
PUBLIC LAND ACT CA 141
There exists a title which is to be
confirmed by the court
The presumption always is that the
land applied for pertains to the
State, and that the occupants and
possessors claim an interest only in
the same by virtue of their
imperfect tile or continuous, open,
and notorious possession
The court may dismiss the
application of the applicant with or
without prejudice to the right to file
The court has jurisdiction or proper
to adjudicate land in favor of any of
the conflicting claimants
a new application for the
registration of the same land
Only risk that an applicant runs is to
have his application denied
The applicant runs the risk of losing
the land applied for

Vests in the Director of Lands and
Secretary of DENR the authority to
dispose and manage public lands


HISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA 141
> Governed the disposition of lands of the public domain
> 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 Philippines
> 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
> The second Public Land Act was more comprehensive in scope but limited the exploitation
of agricultural lands


HISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA 141
> Governed the disposition of lands of the public domain
> 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 Philippines
> 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
> The second Public Land Act was more comprehensive in scope but limited the exploitation of agricultural
lands

IMPERIUM AND DOMINUUM
> Imperium pertains to the government authority possessed by the State, which is appropriately embraced in
the concept of sovereignty
> Dominuum pertains to the capacity to own and acquire property
> Dominuum is the foundation of the theory of Regalian doctrine

REGISTRATION OF PATENTS
Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated,
granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It
shall be the DUTY OF THE OFFICIAL ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR
CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH INSTRUMENT TO BE FILED WITH
THE REGISTER OF DEEDS OF THE PROVINCE OR CITY WHERE THE LAND LIES, and to be there
registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases
of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of
conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but
shall operate only as a contract between the Government and the grantee and as evidence of authority to the
Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and
convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of
Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After
due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all
intents and purposes under this Decree.


SCOPE OF SECTION 103
> The instruments mentioned in this section whereby public lands are alienated, granted or conveyed are
instruments transferring ownership and not just mere documents of lease or transferring mere possession
> Provision directs the issuance to the grantee of an owners duplicate certificate
> After due registration and issuance of the certificate of title, the land shall be deemed registered land for all
intents and purposes under the Property Registration Decree
> Public land patents when duly registered are veritable Torrens title subject to no encumberances except
those stated therein, and those specified by the statute.
> They become private property which can no longer be the subject of subsequent disposition by the Director
of Lands
> Where disposable public land is granted by the government by virtue of a public land patent, the patent is
recorded and the corresponding certificate of title is issued to the grantee, thereafter, the land is automatically
brought within the operation of PD1529, entitled to all the safeguards of a veritable Torrens
title. Upon the expiration of 1 year from its issuance, the certificate of title shall become irrevocable and
indefeasible like a certificate issued in a registration proceeding
> A certificate of title issued pursuant to a patent has the force and effect of a torrens title issued through
judicial registration proceedings
> But a land registration court which has validly acquired jurisdiction over a parcel of land for registration of title
cannot be divested of said jurisdiction by a subsequent administrative act consisting in the issuance by the
Director of Lands of a homestead patent covering the same parcel of land

PRESCRIPTIVE PERIOD
> The plaintiff has a period of 6 years from the time the right of action accrues within which to bring an action
against the Assurance Fund
Section 102. Limitation of Action. Any action for compensation against the Assurance Fund by reason of any
loss, damage or deprivation of land or any interest therein shall be instituted within a period of six years from
the time the right to bring such action first occurred: Provided, That the right of action herein provided shall
survive to the legal representative of the person sustaining loss or damage, unless barred in his lifetime; and
Provided, further, That if at the time such right of action first accrued the person entitled to bring such action
was a minor or insane or imprisoned, or otherwise under legal disability, such person or anyone claiming from,
by or under him may bring the proper action at any time within two years after such disability has been
removed, notwithstanding the expiration of the original period of six years first above provided.


DIFFERENT MODES OF ACQUIRING
OWNERSHIP

Art. 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and
intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of
prescription. (609a)
MODES OF ACQUIRING OWNERSHIP
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual creation
6. Prescription
7. Succession
P
ARTICULARS
PROVISIONS UNDER BP 185
(Applies to acquisition of land for purposes of residence)
PROVISIONS UNDER RA 7042 AS AMENDED BY RA 8179
(A
ARTICULARS
PROVISIONS UNDER BP 185
(Applies to acquisition of land for
purposes of residence)
PROVISIONS UNDER RA 7042 AS AMENDED
BY RA 8179
(Applies to acquisition of land for purposes of
business or commerce)
Size/Area
Coverage
Maximum of 1000 sq. meters for
urban land Maximum of one (1)
hectare for rural land
Maximum of 5000 sq. meters for urban
land Maximum of three (3) hectares for rural land
Land
Acquisition for
Both Spouses
Either of the spouses may avail of
this privilege In case both spouses
wish to acquire lands for this
purposes, the total area acquired
should not exceed the maximum
Either of the spouses may avail of this privilege In
case both spouses wish to acquire lands for this
purposes, the total area acquired should not exceed the
maximum
Additional
Land
Acquisition
In case he/she already owns urban or
rural lands for residential purposes,
he/she may acquire additional urban
or rural lands, which when added to
those he/she presently owns shall not
exceed the authorized maximum
area.
In case he/she already owns urban or rural lands for
business purposes, he/, she may acquire additional
urban or rural lands which when added to those he/she
presently owns shall not exceed the authorized
maximum area.
Limits to
Acquisition of
Land
A person may acquire not more that
two (2) lots which should be situated
in different municipalities or cities
anywhere in the Philippines,
provided that the total area of those
lots do not exceed 1,000 sq. meters
for urban land or one (1) hectare for
rural land for use as residence. An
individual who has already acquired
urban land shall be disqualified from
acquiring rural land and vice versa.
A person may acquire not more that two (2) lots which
should be situated in different municipalities or cities
anywhere in the Philippines, provided that the total
area of those lots do not exceed 5,000 sq. meters for
urban land or three (3) hectares for rural land for use
as residence. Under Section 4 of Rule XII of the
Implementing Rules and Regulations of RA 704 as
amended by RA 8179, a transferee who has already
acquired urban land shall be disqualified from
acquiring rural land and vice versa. However, if the
transferee has disposed of his rural land, he may still
acquire rural land and vice versa, provided that this
will be used for business. A transferee of residential
land acquired under Batas Pambansa Blg. 185 may
still avail of the privilege granted under this law.
Use of Land The acquired land should not be used
for any purpose other than for his/her
residence.
Section 5 of Rule XII specifically states that the land
should be primarily, directly and actually used in the
performance or conduct of the owners business or
commercial activities in the broad areas of agriculture,
industry and services including the lease of land but
excluding the buying or selling thereof.
Special
Requirements
In addition to the requirements
provided for in other laws for the
registration of titles to lands, the
transferee should submit to the
Register of Deeds of the province or
city where the property is located a
sworn statement showing the
following:
Date and place of birth Names and
addresses of his/her parents, his/her
In addition to the usual registration requirements
pertinent to the conveyance of real estate, the transfer
contemplated shall not be recorded unless the
transferee submits to the Registry of Deeds of the
province or city where the land is situated, the
following:
Certification of business registration issued by the
Bureau of Trade Regulation and Consumer Protection
of the Department of Trade and Industry; Sworn
statement same as that in BP 185; Certification from


spouse, and children, if any; The
area, location, and mode of
acquisition of his/her landholdings in
the Philippines, if any; His/her
intention to reside permanently in the
Philippines; Date he/she lost his/her
Philippine citizenship and the
country of which he/she is presently
a citizen.
the assessor of the municipality or province where the
property is situated that the subject land for transfer is
in an urban or rural area; If an agricultural land is
acquired, a certification from the Department of
Agrarian Reform that the land is a retained area of the
transferor and an affidavit of the transferee attesting
that his total landholdings inclusive of the land to be
acquired does not exceed the 5-hectare limit fixed by
RA 6657 (the Comprehensive Agrarian Reform Act
CARP).
Exceptions to the restriction on foreigners acquisition of land in the Philippines are the
following:
Acquisition before the 1935 constitution
Acquisition through hereditary succession if the foreigner is a legal or natural heir
Purchase of not more than 40% interest in a condominium project
Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law. (natural
born Filipinos who acquired foreign citizenship is entitled to own up to 1,000 sq.m. of residential land, and 1
hectare of agricultural or farm land)
Filipinos who are married to aliens who retain their Filipino citizenship, unless by their act or omission
they have renounced their Filipino citizenship