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the grantee.
The torrens system of land registration is
created by Sir Robert Richard Torrens, a British
Customs officer who was inspired by the party
facility in the sheets, and undivided shares in
such sheets were negotiated and transferred in
the contracts with the English Merchants
Shipping Act.
In order to avoid endless confusion and
uncertainties, he became an expert in the body
of system of registered lands patterned after the
English Merchants Shipping Act.
When he became a member of the first colonial
ministry he produced a deed embodied in this
system of land registration, which became the
Real Property Act of 1857 to 1858.
Because he was the one who introduced this
system of land registration, it was named after
him. That is why we call it the Torrens System of
Land Registration.
The basic idea of the system is ** to land
registration proceeding is also judicial in nature
and the applicant or petitioner for land
registration is required to prove his ownership
of the land and if hes successful and the
corresponding certificate of title is issued,
particularly describing the nature of this estate,
and that such certificate of title vests on
registered owner an indefeasible title.The
subsequent presumptions are based on such
certificate of title.
Of course in the Philippines, we have adopted
the Torrens System of Land Registration.
Comparative benefits offered by the Torrens
Systems were the advantages of the torrens
system of land registration as compared to other
systems of land registration.
If sale or mortgage of a registered land is not
registered will it be binding upon third persons?
Under sec. 51, registration is an operative act
that conveys and affect registered lands so far as
third persons are concerned, it is an express
provision of law. In the same provision, the
contract involving registered land is nonetheless
binding upon the parties therein.
First, the grantors and grantee they are
bound under the contract, although
unregistered. Why? Because they cannot deny
their own acts as they affect them adversely
under the principle of estoppel by deed. The
execution of a deed prevents or bars persons
from denying the act or transaction contained in
the deed; it is why it is estoppel by deed.
Second, persons or group of persons who are
bound in the unregistered sale or mortgage of
the registered land, or the heirs, assigns and
devisees of the grantor and the grantee,
under the principle of relativity of contracts
under article 1311 of the CC. So the heirs,
assigns and successors in interests are the
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extension of the personality of the grantor and
So third persons generally are not bound by
unregistered sale or mortgage of registered land.
However, third persons who have actual
knowledge or notice of the transaction are
bound.
So again, we have 3 classes of persons who are
bound, first, will be the contracting parties,
second, will the heirs, assigns or successors in
interest, third, persons who have actual
knowledge or notice of the transaction, because
as stated by the SC, to this person who have
knowledge of the transaction, the purpose of
registration is more than accomplished.
(Because the purpose of registration is
publication or to give constructive notice and the
purpose of notice is to provide information to
persons and the persons who receive the notice
acquires knowledge). And since registration is
notice and notice is knowledge then knowledge
is equivalent to registration.
In the very early case of winterland v. beluz, a
persons knowledge is of the value of
unregistered interest serves the purpose of
registration and he cannot claim that he is not
duly informed thereof.
Now, what government agency is charged with the
institution of the laws relative to registration?
It is now called the Land Registration Authority because
of EO No. 292 renamed the National Land Titled engaged
in land registration to Land Registration Authority.
The LRA is headed by an administrator and hes
assisted by two deputy administrators.
After the LRA, you have the various ** officers
of the Register of Deeds, each province or cities
has an office of the Register of Deeds.
The LRA basically is the central repository of
records relative to original registration of land
title under the torrens system. So all records
concerning the registration of land under the
torrens system kept by the LRA including
subdivision, consolidation, consolidated-
subdivision plans of titled properties. So if you
want to trace the history of the certificate of title
covering a parcel of land, you can go to the LRA,
they still have records (Yung hindi nasira nung
panahon ng second world war because a lot of
lands were registered between 1901 and 1941,
and after the war, a lot of offices were destroyed
and a lot of government records were also lost
or destroyed. The LRA have microfilm copies of
the documents, so pwede pang makuha). If the
land registration case reach the SC, that is a good
source of information regarding the root or the
source of the certificate of title.
So of course, the head of the LRA is the
administrator, hes appointed by the President
upon the recommendation of the Secretary of
Justice, because the LRA is under the executive
supervision of the DOJ.
 The two deputy administrators are likewise
appointed by the President of the Philippines.
So what are some of the functions of the
administrator of the LRA?
(1) Issues decrees of registration pursuant to final
judgment courts in land registration proceedings and
cause the issuance by the Registers of Deeds of the
corresponding certificate of title;
(2) Exercise supervision and control over all Registers of
Deeds and other personnel of the Commission;
(3) Resolve cases elevated en consulta by, or on appeal
from decision of, Registers of Deeds (denied registration
noh?);
(4) Exercise executive supervision over all clerks of court
and personnel of the RTC throughout the Philippines
with respect to the discharge of their duties and
functions in relation to the registration of lands;
(5) Implement all orders, decisions, and decrees
promulgated relative to the registration of lands and
issue, subject to the approval of the Secretary of Justice,
all needful rules and regulations thereunder; and
(6) Verify and approve subdivisions, consolidation, and
consolidated-subdivision survey plans of properties
titled under P.D. No. 1529 except those covered by P.D.
No. 957.
The Office of the Register of Deeds is under the LRA and
it constitutes an act of repository of records and
instruments affecting registered or unregistered lands
and chattel mortgages in the province or cities wherein
such office is situated. So there is one office of the
Register of Deeds for every province and city, and big
cities, meron pang district offices yan noh?
Of course it is the Register of Deeds who heads
the office and he is assisted by a deputy register
of deeds.
So the Register of Deeds should be a member of
the Philippine Bar and to be appointed by the
President of the Philippines and must have
engaged in the practice of law for at least 3 years
or has been employed for a like period in any
branch of government the functions of which
include registration of property.
The Deputy Register of Deeds should also be a
member of the Philippines Bar, he is however
appointed by the Secretary of Justice upon the
recommendation of the administrator of the
LRA.
Now what is the general function or the main
function of the Register of Deeds, it is provided in Sec.
10 of P.D. No. 1529, so it shall be the duty of the Register
of Deeds to immediately register an instrument
presented for registration dealing with real or personal
property which complies with all the requisites for
registration. So the instrument or the document must be
a registrable document. So, when is the document
considered registrable? If it complies with the form
prescribed by law, under sec. 112 and of course there are
other requirements like sec. 55 and also specific
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documents like affidavit of adverse claim, there is a form
prescribed in sec. 70. But basically, the requirement is
sec. 112. So to be registrable, the document must appear
in public document. The document is considered public if
it is duly acknowledged before a notary public and
attested by at least 2 witnesses.
So what is the nature or character of the function or
duty of the register of deeds to register an
instrument or document?
The SC construed (under sec. 10) that the function of the
Register of Deeds with reference to the registration of
deeds, encumbrances, instruments and the like is
ministerial in nature. In other words, the Register of
Deeds is duty-bound to register the instrument if the
instrument is registrable. So, the act of registration is an
administrative act, which does not contemplate or
require notice to, and hearing of the interested parties.
All that the Register of Deeds needs to do is to
determine whether the instrument or the
document complies with the requisites of the
law as to whether the instrument is a registrable
document. So if the document is registrable
document, then he has no discretion but to
register the instrument or the document. So the
Register of Deeds is entirely precluded by sec. 10
from exercising his personal judgment and
discretion when confronted with problem of
whether to register a deed or instrument on the
ground that it is invalid.
So the SC said he cannot exercise his personal
discretion in determining whether an
instrument is valid or not. Because that involves
the exercise of discretion, discretionary power,
discretionary power that involves the
determining of the validity of a document
because a document evidences a contract, so he
does not have that authority that involves
judicial function. Of course judicial function
involves the exercise of discretion.
So if Register of Deeds has knowledge or
information (hearsay) that a document
presented to him is a forged deed, or he was
informed per se that the signature presented
in the deed of absolute sale was forged but
the instrument presented to him complies
with sec. 55 and sec. 112 that the instrument
is a registrable instrument. So can the Register
of Deeds refuse registration of such document?
NO, because that involves a determination of the
validity of the document. So in the case of
Maranga v. Bustillo, the SC said that suppose the
validity of the contract is no valid objection to
registration because its validity is no proof for
its non-existence and not a valid excuse for
denying its registration. The law does not
require that only valid instruments shall be
registered.
If the purpose of registration is merely to give
notice, then questions regarding the effect of
invalidity of instrument are expected to be
decided after and not before registration. Or
 as follows as a necessary consequence that
registration must first be allowed and validity or
effect litigated afterwards.
And its not for the Register of Deeds to
determine the validity of the document or
instrument, as long as the same is registrable,
the Register of Deeds must register.
That is the reason why a forged deed of
conveyance can become a root of a valid title
(to be discussed after the midterm exams), so
the Register of Deeds may register even a forged
deed.
Instances where the Register of Deeds may deny
registration of voluntary instruments
Of course, if the deed or instrument is not duly
acknowledged by the notary public then it is not
a public document (so private document yan, so
its not a registrable document).
Another requirement under P.D. No. 1529, Sec.
55, that the deed of conveyance must state the
citizenship of the grantee, the buyer or
transferee of the land, of course the person must
be a Filipino citizen, otherwise the sale of the
land will be void under the Constitution,
Rebenco doctrine.
Now, if, let us say, the deed of absolute sale states that the
buyer is Lebron James, and the Register of Deeds is a fan
of Lebron James, should he register the deed of absolute
sale? No, because Lebron James is not qualified.
Therefore it is not a registrable document.
Now what is the nature of land registration
proceedings?
According to Sec. 2, land registration proceedings are
judicial proceedings and these judicial proceedings
can be in rem, and shall be based on the generally
accepted principle underlying the Torrens System of
Land Registration. Judicial because, the application or
petition for land registration must be filed with the
courts and the courts will hear or determine the
application or petition for land registration. The 3 types
of judicial land registration of course involve the filing of
the petition with the courts and proceedings shall be in
rem.
So what do your mean by proceedings in rem?
It means that it binds all persons, known and
unknown, and the title issued as a consequence
thereof, is binding and conclusive upon the
whole world. All persons may be adversely
affected by proceedings are bound by the
proceedings, innocent as they might be of the
publication or notice of initial period.
Proceedings in rem have also been defined as
proceeding where the court has jurisdiction over
the things itself, the subject matter of the case,
or the res, and the proceedings are binding
against the whole world. So that is why a
petition or an application for land registration,
well take a look at sec. 15 (read sec. 15). There
is no specific person against which the petition
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or application is directed unlike in proceedings
in personam.
A proceeding in personam is an action directed against
a specific person, and the proceedings are binding only
upon the parties to the case. An example of an action in
personam would be an action or a case for recovery of
possession of the land or an action for reconveyance of
land.
Then we have a proceedings quasi-in rem, so it is an
action against a specific person, but the purpose of the
action is to subject the land to a lien or a charge
burdening it. An example is judicial foreclosure of real
estate mortgage.
Which court has jurisdiction over cases of land
registration?
Under sec. 2, the RTC (including improvements and
interest therein). Also, the RTC have jurisdiction for
petitions filed after original registration of title in order
to determine upto here and to determine all questions
arising upon such application or petition. The RTC acting
as the land registration courts has limited jurisdiction in
original land registration cases because of the second
paragraph or Sec. 2, this was clarified by the SC in several
cases already, such in the case of Beria v. Caguioa, where
the SC held that Sec. 2 has eliminated the distinction
between the general jurisdiction vested in the RTC and
the limited jurisdiction conferred upon it by the former
law, meaning Act. No. 496. In Act No. 496, the land
registration court or the RTC has limited jurisdiction
with respect to land registration cases, it cannot
determine or resolve issues of ownership or the validity
of contracts, unless the parties agree that the LRA court
may determine the issue. But now, inalis na yung
distinction na yon. The RTC have plenary power
acting as the LRA court. Because the provision of the
law is aimed at avoiding multiplicity of suits, theyve
been changed as simplified registration proceedings by
conferring upon the RTC the authority to act not only on
applications for original registration but also for
petitions filed after original registration of title, the
power to hear and determine all questions arising upon
such application.
Now, according to Sec. 2, the RTC shall have exclusive
jurisdiction upon all applications for original
registration of titles to land. Is this still the rule? The
answer is NO, because it has been amended by Sec. 34 of
PB blg. 129, which in turn was amended by RA 7691. Sec.
34 of PB blg. 129 reads that MuTC, MeTC, MCTC maybe
assigned by the SC to hear and determine cadastral and
land registration cases. The SC was given the power by
the legislature and of course by the President, to assign
to the first level courts. The SC has already exercised the
power delegated to it by Sec. 34 of BP blg. 129, issuing AC
6-93-A (Nov. 15, 1995), authorizing the first level courts
to hear and decide cadastral and land registration cases.
So what do you call the jurisdiction of the first level
courts with respect to cadastral and land registration
cases?
It is called delegated jurisdiction because the SC delegated
or assigned to the first level courts a portion or a part of
the jurisdiction of the RTC.
So in what cases may the first level courts exercise
jurisdiction in cadastral cases:
(1) In cases covering lots where there is no controversy;
and
(2) land registration cases covering lots the value of
which does not exceed P100,000.
So if the first level court hears and decides a case
within his delegated jurisdiction where should the
appeal for the judgment be made?
The CA. And the period of appeal will not stop and will
continue to run until 15 days within which to perfect the
appeal. If youre going to file a notice of appeal stating
that the appeal in the decision of the RTC that judgment
will become final and executory.
2 modes of land registration:
(1) The judicial land registration proceedings; and
(2) administrative proceedings.
Under the judicial registration proceedings these are
the classes cognizable by the land registration
courts:
(1) Judicial Confirmation of Incomplete or Imperfect
Title;
(2) Voluntary or Ordinary Land Registration Proceeding
(established in Sec. 14), (3) Cadastral Proceedings;
(4) IPRA or Indigenous Peoples Rights Act of 1997, this
law merely gives the individual member of the cultural
minorities an option.
What law governs these types of judicial registration
proceedings?
With respect to judicial confirmation of
incomplete or imperfect title, C.A. 141 as
amended governs this type of administration
proceedings, of course together with P.D. No.
1529.
Then for Voluntary Land Registration
Proceedings, of course it is governed by P.D. No.
1529. That is why the law on land registration
does not only involve substantive law but also
procedural law or remedial law.
Then Cadastral Proceedings are also governed
by P.D. No. 1529, specifically sec. 35 to 38.
As I said, R.A. No. 8371 governs the IPRA, gives
the individual members of the cultural
minorities, with respect to their individually
owned ancestral land, to either register or
secure title to their ancestral land, either under
CA 141 as amended, or under the provisions of
PD No. 1529. Actually, its not a separate land
registration proceeding, the member however
reckon only individual members of the cultural
communities and ** with respect to their
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individually owned ancestral land. Ancestral
land is defined by Sec. 3 of RA No. 8371, as
distinguished from ancestral domain, and land
of course owned by the community as a whole,
instead of individual members of the cultural
minority.
Now the second registration proceeding is the
Administrative Registration Proceedings which is
governed by Sec. 103 of P.D. No. 1529, so these are public
lands which were given to qualified individuals through
the issuance of land patent. So the grantee or the
patentee of the public land need not file a petition or
application in court for registration. He can simply
present the land patent (homestead patent, sales patent)
to the Register of Deeds.
JUDICIAL CONFIRMATION OF INCOMPLETE OR
IMPERFECT TITLE
What is the nature of this judicial proceeding? It is also
judicial in nature and the proceedings are in rem. In
judicial confirmation of incomplete or imperfect title is
conclusive and final and the same court procedures and
rules of evidence govern the judicial confirmation of
incomplete or imperfect title as well as ordinary or
voluntary land registration proceedings.
What laws govern? Sec. 48 (b) of CA No. 141 as
amended, also called the Public Land Act.
The original wordings of this law has been
amended by RA 1942, which became effective on
June 22, 1957. Two matters were amended in
subsection (b) of Sec. 48. First was on the period
or the length of time of possession and
occupation, under this law, the possession and
occupation of the applicant or claimant must be
for at least 30 yrs immediately preceeding the
application for confirmation of title. And the
second amendment was just the deletion of the
phrase except ** the government. The next
amendatory law was RA 3872, but this law
merely exempted or added subsection (c) to Sec.
48 of the Public Land Act. And this subsection
(c) provides as follows, members of the
national cultural minorities who by themselves
or through their predecessors-in-interest have
been in open, continuous, exclusive and
notorious possession and occupation of lands of
the public domain suitable to agriculture
whether disposable or not, under a claim of
ownership for at least 30 yrs, shall be entitled
the rights granted in subsection (b) hereof. And
this is the reason why the members of the
national cultural minorities under RA 8371 may
also avail of judicial confirmation of title or to
register their individually owned ancestral
lands, under PD No. 1529. You correlate this
(subsection c) with Sec. 12 of RA 8371.
PD No. 1073 then amended, of course,
subsections (b) and (c) of Sec. 48, and the
amendment is provided in Sec. 4 of the said PD,
 to wit: The provisions of Sec. 48 (b) and Sec. 48
(c) of Chapter VIII of the Public Land Act is
hereby amended in the sense that these
provisions shall apply only to alienable and
disposable lands of the public domain, which has
been in open, continuous, exclusive and
notorious possession and occupation by the
applicant himself or through his predecessors-
in-interest under a claim of acquisition of
ownership since June 12, 1945 or prior thereto.
In other words, the amendment referred to in
PD No. 1073 involves the classification of the
land that may now be the subject of judicial
confirmation of incomplete of imperfect title.
The other amendment, on the other hand, refers
to the nature and character of the possession
and occupation of the land, and their length of
time. The nature and character of possession
and occupation is OCENO (Open, Continuous,
Exclusive, Notorious, under claim of acquisition
of Ownership) and the length of time of the
same is June 12, 1945 or prior thereto.
[Actually this provision is similar to par.1 of Sec.
14 of PD No. 1529. So sabi nga nila, if you want
to file an application for land registration or
judicial confirmation of title, you join this
petition as alternative causes of action, either
judicial confirmation ka or voluntary land
registration under par. 1 of Sec. 14]. Under Sec.
47 of the Public Land Act the application of
petition for judicial confirmation of title has a
time limit. So you have to file the application
within a period of time provided by law, which
has been extended by several amendatory laws,
and the last amendatory law which is RA
9176, which provided that (sec. 2) Sec. 47 of the
Public Land Act now reads as follows, The
persons specified in the next following section
(sec. 48), are hereby given time not to extend
beyond Dec. 31, 2020.
The other amendment to the law is the
maximum area that maybe applied for in a
judicial confirmation of title, which is 12
hectares.
Who may apply for Judicial Confirmation of Title?
1. Filipino citizens who by themselves or through
their predecessors-in-interest have been in
open, continuous, exclusive and notorious
possession and occupation of alienable and
disposable lands of the public domain under a
claim of acquisition of ownership since June 12,
1945 or prior thereto.
2. Private corporations or associations who have
acquired lands from Filipino citizens under #1.
3. Natural-born citizens of the Philippines who
have lost their Philippine citizenship, who have
acquired disposable and alienable lands of the
public domain from Filipino citizens under #1.
Conditions prescribed under Sec. 48 (b) or what
applicants must prove
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1. The land must be alienable and disposable land
of the public domain. (It must be classified
already as an alienable and disposable land of
the public domain)
2. The possession and occupation of the land of the
claimant or his predecessors-in-interest must be
for the length of time and in the manner and
concept stated in Sec. 48 (b) of the Public Land
Act, as amended. (That it must be OCENO and
since June 12, 1945 or prior thereto)
How do you prove compliance with the provisions of
Sec. 48 (b)?
As to whether the land is alienable and
disposable established through documentary
evidence, there must be documentary proof that
the land has been classified by the government
as alienable and disposable land of the public
domain. And which department of the
government? The executive and the legislative.
[In the case of Director of Lands v. Buyco, the
SC gave us examples of documentary proofs that
the land has been classified as alienable and
disposable land of the public domain and
therefore registrable: PDs and EOs issued by the
President, AOs issued by the DENR,
certifications issued by the Bureau of Forest
Development Land Classification Map,
certification by the Director of Forestry,
investigation reports of the Land Management
Bureau, and legislative acts or statutes.]
[HOWEVER, in a recent case, there is a recent
decision of the SC that certification alone is not
sufficient for purposes of proving that the land
has already been classified as alienable and
disposable land of the public domain, it is now
required that the original copy of the document
classifying the land as alienable and disposable
land of the public domain must be submitted or
presented to the court, or certified true copy at
the very least. If it is an AO, you must produce
the original copy or at least a certified true copy
in court.]
As to possession and occupation of the land
Possesion and Occupation it must be
understood that the law speaks of possession
AND occupation, since these words were
separated by the conjunctions AND, the clear
intention of the law is not to make one
synonymous with the other. It is not
synonymous with the other because possession
is broader than occupation because it includes
constructive possession. When the law adds
the word occupation, it only seeks to delimit the
all-encompassing effect of constructive
possession. So taken together with the words
open, continuous, exclusive and notorious,
occupation serves to highlight the fact that for
one to qualify under par (b) of the aforesaid sec.
48, his possession of the land must not be mere
fiction. Which means that it should be ACTUAL
POSSESSION and NOT MERELY CONSTRUCTIVE.

Open when it is patent, visible, apparent,
notorious and not clandestine;
Continuous when uninterrupted, unbroken,
and not intermittent or occasional;
Exclusive when the adverse possessor can
show exclusive dominion over the land and an
appropriation of it to his own use and benefit;
Notorious when it is conspicuous and it is
generally known and talked of by the public or
by the people in the neighborhood; and
Under a bona fide claim of Ownership
possession and occupation must not be as a
mere tenant or lessee or agent, he must be in
possession and occupation of the land as an
owner of the land or in the concept of an owner.
So what pieces of evidence may be introduced or
presented to the court to prove the nature and
character of the possession and the length of time of
possession and occupation of the land?
By DOCUMENTARY and TESTIMONIAL EVIDENCE (of 2
witnesses). The applicant may also submit TAX
DECLARATION or REAL ESTATE TAX RECEIPTS. These
documents, presented together with testimonial
evidence (confirming OCENO) constitute STRONG
EVIDENCE OF OWNERSHIP. Kasi no person daw will
declare land or tax ** and pay taxes thereon if he is not
actually in possession of the land. So if yung
predecessors-in-interest mo eh meron nyan, since 1945
pa or prior thereto, it means you comply with the length
of time provided by law.
Note: The best way probably is i-secure mo muna yung
classification of the land as alienable and disposable land
of the public domain before 1945, then, you present
witnesses, kung sinong pinaka-matatandang testigong
pwede mong tawagin. Kung hindi, possession since time
in memorial yan noh? Since June 12, 1945 or prior
thereto.
Aside from the conditions prescribed under Sec. 48
(b), what else may be established or proven in the
judicial confirmation of incomplete or imperfect
title?
The IDENTITY OF THE LAND. Nasaan ba yang lupang
yan? What is the description of the land? So how do you
prove the identity of the land? [Note: This is important
because the land will be covered by a certificate of title,
so what should be contained in the certificate of title?
The description of the land, which is actually the identity
of the land registered]
1. Survey plan or the Tracing cloth plan
2. Technical Description of the land. [Note:
Actually, if you apply the provions of the PD No.
1529, the survey plan and the technical
description must be attached to the application
already, i-attach mo sa annex, because that
established the identity of the land, which is the
subject of judicial registration proceedings.] The
technical description, of course, must appear in
the judgment of the court, especially the
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dispositive portion, because that describes the
land, which ** is covered by a decree of
registration, issued by the administrator of the
LRA and the technical description will also be
stated in the certificate of title. So the judgment
of the court ordering the registration of the land,
the decree of registration issued by the
administrator and the certificate of title must
contain the same entries, with respect to the
description of the land. What is the source of the
description of the land? The technical
description, which is a document prepared by
the Land Management Bureau. The process of
ascertaining the technical description is through
survey, making a survey plan.
What is the effect of compliance with the 2
conditions prescribed in Sec. 48 (b)? [This is covered
by last sentence of subsection (c) of Sec. 48]
This shall be conclusively presumed when performed all
conditions essential to a government grant, and shall be
entitled to a certificate of title under the provisions of his
chapter, this was explained by the SC in several decisions
already. The SC said that as interpreted in several cases,
when the conditions as specified in the foregoing
conditions (in Sec. 48) are complied with, the possessor is
deemed to have acquired, by operation of law (ipso jure), a
right to a grant, a government grant, without the
necessity of a certificate of title being issued. The land
therefore, ceases to be of the public domain and beyond
the authority of the Director of Land Management to
dispose of. [Note: In the second paragraph, the land
became a PRIVATE LAND]
May a private corporation or association apply for
judicial confirmation of incomplete or imperfect
title?
General Rule: Under the 1987 Constitution, they cannot
hold or acquire lands of the public domain. They can only
lease public lands for a period of 25 yrs, and can be
extended for another 25 yrs and the maximum area is
1000 heactares.
Exception: If the private corporation or association
acquire the land from a Filipino who already complied
with the conditions prescribed in Sec. 48 (b), because by
then, the land will already be a PRIVATE LAND, therefore,
the prohibition under the Constitution does not apply
anymore.
Note: In the case of Natividad v. CA, the key to the issue is
the character of the land, whether it is still public land or
already private land, WHEN THE REGISTRATION
PRECEEDINGS WERE COMMENCED.
Note: For corporations who have applied for registration
under the 1935 Constitution, (they are qualified under
the 1935 Constitution) if they have not yet registered the
land, they can still proceed to register. Because if they
acquire the land under the 1935 Constitution, they
continue to own the land, under the DOCTRINE OF
VESTED RIGHTS (because their right to due process of
law will be violated).
ATTY. SERRANO LTD LECTURE JULY 12
Jzel Endozo