Section 14. Who may apply.

The following persons may the registration proceedings and ownership to the

file in the proper Court of First Instance an application property consolidated in the vendee a retro, the latter

for registration of title to land, whether personally or shall be substituted for the applicant and may continue

through their duly authorized representatives: the

(1) Those who by themselves or through their proceedings.

predecessors-ininterest have been in open, continuous,

A trustee on behalf of his principal may apply for original
exclusive and notorious possession and occupation of
registration of any land held in trust by him, unless
alienable and disposable lands of the public domain under
prohibited by the instrument creating the trust.
a bona fide claim of ownership since June 12, 1945, or
REQUISITES FOR FILING OF APPLICATION
earlier.

1. That the property in question is alienable and

(2) Those who have acquired ownership of private lands
disposable land of the public domain
by

2. That the applicants, by themselves or through their

prescription under the provision of existing laws.
predecessors in- interest have been in open, continuous,
(3) Those who have acquired ownership of private lands
exclusive, and notorious possession and occupation
or
3. That such possession is under bona fide claim of
abandoned river beds by right of accession or accretion
ownership since June 12, 1945 or earlier
under the existing laws.
WHO MAY APPLY
(4) Those who have acquired ownership of land in any
Section 14 of PD1529 enumerates the persons who may
other
apply for registration, whether personally or through
manner provided for by law.
their duly authorized representatives, to wit:

Where the land is owned in common, all the co-owners

1. Those who by themselves or through their
shall file the application jointly.
predecessors-in interest have been in open, continuous,

Where the land has been sold under pacto de retro, the exclusive, and notorious possession and occupation of

vendor a retro may file an application for the original alienable and disposable lands of the public domain under

registration of the land, provided, however, that should a bona fide claim of ownership since June 12, 1945 or

the period for redemption expire during the pendency of earlier;

2. Those who have acquired ownership of private lands by VENDEE A RETRO MAY FILE AN APPLICATION IN HIS

prescription under the provision of existing laws. NAME

3. Those who have acquired ownership of private lands or A sale pacto de recto transfers the legal title to the

abandoned river beds by right of accession or accretion vendee and the vendee is subrogated to all the rights and

under the existing laws. actions of the vendor, subject to the latters right to

redemption
4. Those who have acquired ownership of land in any other

manner provided for by law. Vendee a retro has therefore a registrable title thereo

which may be the subject of initial registration

Where the land is owned in common, all the co-owners

shall file the application jointly. The right to redeem the property is only to be noted in

the decree and certificate of title that may be issued

Where the land has been sold under pacto de retro, the

vendor a retro may file an application for the original CORPORATION SOLE MAY PURCHASE AND HOLD REAL

registration of the land, provided, however, that should ESTATE

the period for redemption expire during the pendency of

Corporation soleorganized and composed of a single
the registration proceedings and ownership to the
individual, the head of any religious society or church, for
property consolidated in the vendee a retro, the latter
the administration of the temporalities of such religious
shall be substituted for the applicant and may continue
society or church
the proceedings.
A corporation sole is vested with the right to purchase
A trustee on behalf of his principal may apply for
and hold real estate and personal property
original registration of any land held in trust by him,
Corporation sole is not the owner of the properties he
unless prohibited by the instrument creating the trust.
may acquire but merely the administrator thereof and
CO-OWNERS SHALL FILE APPLICATION JOINTLY
holds the same in trust for the faithful or members of

Since a co-owner cannot be considered a true owner of the society or church for which the corporation is

a specific portion until division or partition is effected, organized

he cannot file an application for registration of the whole

NO MATERIAL DIFFERENCES BETWEEN SECTION 14
without joining the co owners as applicants
AND SECTION 48 (B) OF CA NO.141
 Right to file an application derives from a bona fide may now fall within the contemplation of private lands and

claim of ownership by reason of the claimants open, may be registered even if the possession commenced after

continuous, exclusive and notorious possession of alienable June 12, 1945.

and disposable lands of the public domain in the concept

PRESCRIPTION, GENERALLY.
of owner
By prescription, one acquires ownership and other real
LAND MUST ALREADY BE A AND D AT THE TIME OF
rights through the lapse of time in the manner and under
FILING OF THE APPLICATION
the action laid down by law

Republic v. Court of Appeals and Naguit: wherein it was

All things within the commerce of men are susceptible
held that Section 14 only required that the land be
of prescription, unless otherwise provided
alienable and disposable at the time of application for
Acquisitive prescriptionordinary or extraordinary
registration of title is filed

Ordinary prescriptionrequires possession of things in

SECTION 14 (2) AUTHORIZES ACQUISITION OF
good faith and with just title for the time fixed by law;
OWNERSHIP BY PRESCRIPTION
possession of 10 years
PD1529 and its amendatory PD1073 didnt preclude
Extraordinary prescriptionuninterrupted adverse
application for registration of alienable lands of the public
possession thereof within 30 years without need of title
domain, possession over which commenced only after June
or of good faith
12, 1945, considering Section 14 (2) which governs and

authorizes the application of those who have acquired Good faithconsists in the reasonable belief that the

ownership of private lands by prescription under the person from whom he received the thing was the owner

provisions of existing laws thereof, and he could transmit his ownership

While as a rule, prescription doesnt run against the CONCEPT OF POSSESSION FOR PURPOSES OF

State, the exception is when the law expressly provides PRESCRIPTION

Prescriptionmode of acquiring ownership; properties Actual possession of land consists in the manifestation

classified as alienable public land may be converted into of acts of dominion over it of such a nature as a party

private property by ordinary prescription of 10 years, or would naturally exercise over his own property

extraordinary prescription of 30 years, without need of

To consolidate prescription, the possession must be that

title or good faith. With such conversion, such property

of owner, and it must be public, peaceful, and
uninterrupted. Acts of a possessory character done by Based on a fixed time Not fixed time

virtue of a license or mere tolerance on the part of the

owner arent sufficient

ACQUISITION OF PRIVATE LANDS OR ABANDONED

COMPUTATION OF PRESCRIPTION
RIVERBEDS BY RIGHT OF ACCRETION OR ACCESSION

The present possessor may complete the period

1. OWNERSHIP OF ABANDONED RIVER BEDS BY RIGHT OF
necessary for prescription by tacking his possession to
ACCESSION

that of his grantor or predecessor-in-interest

River beds which are abandoned through the natural change in the

Presumed that the present possessor who was also the course of waters ipso facto belongs to the owners whose lands are

possessor at the previous time, has continued to be in occupied by the new course in proportion to the area lost

possession during the intervening time, unless there is

However, the owners of the lands adjoining the old bed, shall have

proof to the contrary the right to acquire the same by paying the value thereofwhich

value shall not exceed the value of the area occupied by the new bed
PRECRIPTION LACHES

Effect of delay Fact of delay Requisites for the application of Article 61

o The change must be sudden in order that the old river may be

Matter of time Question of inequity of identified

permitting a
o The changing of the course must be more or less permanent, and
claim to be enforced, this
not temporary overflowing of anothers land
inequity

o The change of the river must be natural

being founded on some change

in o There must be definite abandonment by the government

the condition of the property

o The river must continue to exist, that is, it must not
or the

relation of the parties completely dry up or disappear

2. OWNERSHIP BY RIGHT OF ACCRETION

Statutory Not statutory

Article 457 of CC provides that to the owners of lands adjoining

the banks of rivers belong the accretion which they gradually

Applies at law Applies at equity
receive from the effects of the current of the waters
 Adopted from the Law Of The Waters which provided that the The accretion doesnt become automatically registered land just

accretion resulting from the gradual deposit by or sedimentation because the lot which receives it is covered by the Torrens title

from the waters belongs to the owners of the land bordering on thereby making the alluvial property imprescriptible

streams, torrents, lakes, or rivers

Akin to the principle that an unregistered land purchased by the

Three requisites registered owner of the adjoining land does not, by extension,

become ipso facto registered land

o That the deposit be gradual and imperceptible

The accretion doesnt automatically become registered land

o That it be made through the effects of the current of the water

just because the land which receives such accretion is covered by a

o That the land where accretion takes place is adjacent to the banks
Torrens title. As such, it must be placed under the operation of the
of rivers
Torrens system.

In the absence of evidence that the change in the course of the

4. ALLUVIAL FORMATION ALONG THE SEASHORE FORMS
river was sudden or that it occurred through avulsion, the
PART OF THE PUBLIC DOMAIN
presumption is that the change was gradual and caused by
Alluvial formation along the seashore form part of the public
accretion and erosion
domain and therefore, not open to the acquisition by adverse

1. ALLUVION MUST BE THE EXCLUSIVE WORK OF NATURE possession by private persons

Requirement that the deposit should be due to the effects of the Outside the commerce of man, unless otherwise provided by either

current of the river is indispensable the executive or legislative branch of the government

A riparian owner then doesnt acquire the additions to his land The adjoining registered owner of the foreshore land cannot claim

caused by special works expressly intended or designed to bring ownership by right of accretion

about accretion
The state shall only grant these lands to the adjoining owners only

2. REASON FOR THE LAW ON ACCRETION when they are no longer needed for the purposes

Right to any land or alluvion deposited by the river is to compensate mentioned therein

the riparian owner of the danger of loss that he suffers because of

Ignacio v. Director of Lands: a bay is part of the sea, being a mere
the location of his land
indention of the same

3. ACCRETION DOESNT AUTOMATICALLY BECOME

ACQUISITION OF OWNERSHIP IN ANY OTHER MANNER

REGISTERED LAND PROVIDED FOR BY LAW RESERVATION FOR A SPECIFIC

PUBLIC PURPOSE BY PRESIDENTIAL PROCLAMATION

 The privilege of occupying lands with a view of preemption confers

no contractual or vested right in the lands occupied and the

authority of the President to withdraw such lands for sale or

acquisition by the public, or to reserve them for public use, prior to

the divesting by the government of title thereof stands, even

though this may defeat the imperfect right of a settler

Lands covered by registration are not subject to entry, and no

lawful settlement on them can be acquired