Modes of acquiring Title to Public

Lands
 1. Ownership of Land must be traced to a government land grant
Basis: Regallian Doctrine
Two types of Land Grants under CA 141
A. Direct Grants: Homestead (Sec. 12 to 21), Sales (Sec. 22 to 32), Lease
(Sec. 33 to 43), Free Patent (Sec. 44 to 46)
Land is given/awarded by the State to a public land applicant through a land
patent; land is considered as public land; applicant is qualified; applicant must
comply with the condition before the grant is awarded by the State and caused
its registration.
Basis:
B. Indirect Grants Prescription, Accretion and Accession (Sec. 14 PD 1529)
Public land becomes ipso facto (by operation of law) private lands; the state did
not directly award the land (no award of land patent), a person acquires the land
upon fulfilment of certain conditions; the government merely confirms the title
during the proceedings where it is determined that applicant has qualification
and has complied with all the conditions necessary for confirmation of title.
Case: Menguito vs. Republic G.R. No. 134308 December 14, 2000
General Conditions necessary for the issuance of a land patent (Direct grant)
A. The land applied for must be Alienable and Disposable Land of the Public Domain.
• Definition (Sec. 3 P.D. 705) Those lands of the public domain which have been subject of
the present system of classification and declared as not needed for forest purposes.
• Take note of the following lands, they are not considered A& D:
• Act 926 Spanish Grants (Direct Grants) are deemed private and not subject to
classification
• Act 496 Sec. 19 (Titles in Fee Simple, Corporations)
• Under Act No. 2874 (1919) - Present system of land classification of public land; (This
is an actual reproduction of CA 141)
• Blocks of lands pre-classified even prior to disposition
• Basis for classification: Classification of land as a legal object;
• Under IPRA act of 1997-Ancestral Domains are private property of the IP.
B. Land must be Surveyed and Delineated (Sec. 8 CA 141)
General Rule: No survey no title - land survey is the means to determine the relative location
and area of land for purposes of property identification.
Except: Public interest upon the discretion of the President
C. Not for Public or Quasi-Public Use or Appropriated by the
Government. (Sec. 8 in relation to Sec. 83 C.A. 141- reservations for
public and semi-public purposes)
- It must be declared for such uses by the president through proclamation upon the
recommendation of the secretary of the DENR.
D. Not Private lands (Sec. 8)
• The land must not be private property, nor on which a private right authorized and
recognized by this act or any valid law may be claimed (Sec. 8, CA No. 141).
• Patrimonial Property of the Government; Disposition is under Act No. 3038 (1922)
through Sale.
• Case Balboa vs. Farrales G.R. No. L-27059 February 14, 1928
Restrictions and limitations on Transfers of Land Patents
(Commonwealth Act No. 141-Sections 118, 119, 120, 121 and 123)
- (Sec. 118 C.A. 141) Restrictions against alienation- Lands acquired through
Homestead and Free Patent cannot be alienated or encumbered for five (5) years
after the date of the issuance of the patent. Except, if it is in favor of the
government or any of its branches, units, or institutions. It cannot also become liable
to the satisfaction of any debt contracted prior to the expiration of the said period but
the improvements and crops may be mortgaged or pledged to qualified persons
(Filipino citizens and corporations pursuant to Sec. 122 now only to filipino citizens)
- Lands covered by homesteads may not be alienated, transferred or conveyed
after five years and before twenty-five years after the issuance of the title unless
approved by the Secretary of DENR which shall be denied only upon constitutional
and legal grounds.

-(Sec. 119) Applicant or heir has the right to repurchase of lands acquired under
Free Patent and Homestead within 5 years from date of conveyance.
 -(Sec. 120) Conveyance made by illiterate “Non-Christian Filipinos” or literate “Non Christian
Filipinos” when the instrument of conveyance is in a language not understood by the said literate
non-christian shall not be valid unless approved by the chairman of the commission of national
integration (now the NCIP)
-(Sec. 121) No corporation, association or partnership may acquire lands acquired through
free patent, homestead and sales provision of the act, except if for commercial, industrial,
educational, religious or charitable purposes or for a right of way and always with the consent of
the grantee and the approval of the secretary of the DENR.
-(Sec. 123) No lands originally acquired pursuant to laws relating to public land prior to the
enactment of CA 141 shall be alienated or conveyed except to persons, corporations or
associations who may acquire lands of the public domain under CA141 except if transfer is by
hereditary succession. If the lands mentioned herein are alienated to persons not legally
capacitated to acquire said lands/improvement, they shall be obliged to sell it to others who are
capacitated within 5 years, otherwise, it shall revert to the government.
• RA 730 allows the sale without public auction of public lands for residential purposes under
conditions provided by law. (may be said to be the predecessor of RA 10023, but this is still
an existing law)
• Presidential Decree No. 2004 (Section 2) Lands acquired under the provisions of RA 730
shall not be subject to any restrictions against encumbrance or alienation before and after the
issuance of the patents thereon.
• Republic Act No. 10023 (Section 5) Restrictions regarding encumbrances, conveyances and
transfers under CA 141 shall not apply to patents issued under RA 10023
Easements and Servitudes
The land patented shall likewise be subject to public servitudes that exist
upon lands owned by private persons, including those with reference to the
littoral of the sea and the banks of navigable rivers (Section 111, PLA).
The state likewise reserves a right of way not exceeding sixty (60) meters for
public highways, railroads, irrigation, ditches, aqueducts, telegraph and
telephone lines and similar works as the government or any public or quasi-
public service or enterprise including mining or forest concessionaires, may
reasonably require for carrying on its business, with damages to
improvements only.
Republic Act No. 1273 amended Section 90 of the PLA and provided that a
strip forty (40) meters wide starting from the bank on each side of any river or
stream that may be found on the land patented shall be demarcated and
preserved as permanent timberland to be planted exclusively to trees of
known economic value, and that the grantee shall not make any clearing
thereon or utilize the same for ordinary farming purposes even after patent
shall have been issued to him or a contract of lease shall have been executed
in his favor.
 RA 730 RA 10023

Who may apply: Filipino citizen of legal age who is not

the owner of a home lot in the municipality or city in
which he resides and who has in good faith established Who may apply: Filipino Citizen who is an actual occupant
his residence on a parcel of the public land which is not off a residential land
needed for the public service (in short occupant of
public land)

200 sq. meters in highly urbanized area;500 sq. meters in

Land should not exceed 1000 sq. meters other cities;750 sq. meters in first and second class
municipalities; 1,000 sq. meters in other municipalities

Occupant must have constructed his house on the land

Land must not be needed for public service/use
and actually resided therein

Occupant shall be given preference to purchase at a
private sale (difference from homestead or sale under
CA 141 is that there is public sale under CA 141)
Covers all lands zoned as residential areas including
townsites and those in a delisted military reservation and
those within NIPAS areas

Restriction is 10 years from the issuance of patent

No restrictions against alienation and transfer
(Repealed by Sec. 2 PD 2004)
General qualifications of an Applicant to public land

1. Citizenship
Only citizens of the Philippines can be a grantee of public land; Non-Citizen
cannot be a grantee of public land; In Free Patent, it is required that the
applicant is a natural born citizen of the Philippines. Corporations not allowed
since 1973 to acquire public lands, however, a corporation can lease public
lands up to 1,000 hectares (1987 Constitution)
In registration of lands, corporations are allowed to register lands that has
already been acquired by its predecessor through indirect grant;
2. Age
In general, there is no age limitation in public land grants; except in homestead,
the applicant must be 18 years or head of Family if minor
Public Land Grants in Agricultural Lands

1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act No.

141

2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141

3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141

4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act

No. 141.

5. Special Patents
Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act
No. 141
Who may apply?
-Citizen of the Philippines over the age of eighteen (18) years, or is the head of a family
-He does not own or is a recipient of a government award of more than 12 hectares of land.
General Rule: only one homestead entry per applicant
Except: Applicant is previously granted a homestead of less than twelve (12) hectares may
enter into a subsequent homestead provided that the total area of the homesteads do not
exceed twelve (12) hectares. (C.A. 456)
Process: Application, Approval of Application, Payment of Entry Fee, Cultivation and
Residence, Final Proof within 5 years, Issuance of Patent, Registration
• The grant of homestead is conditioned upon entry, occupation, improvement/cultivation (1/5
of the land) and residency (1 year) and final proof from the approval of the patent
• Entry, occupation, improvement and cultivation and residency must be made by the
patentee himself or his family. (PD 152 which outlawed share tenancy to comply with the
conditions of a homestead grant)
Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141
Public Agricultural Lands
Purpose: For Cultivation, In homestead, for occupation
Who may apply? (sec. 22)
-Any citizen of the Philippines over 18 years or head of the family.
-Originally Corporations 60% Filipino citizen allowed but because of Constitution
only citizen are allowed today.

Limit: 12 hectares (Still subject to CARP thus only 5 hectares)

Process: Application, Appraisal, Notice of Public Bidding, Bidding, Payment of

Purchase Price, Entry and Cultivation (1/5 of land) within 5 year of the award,
issuance of patent, registration

Special limitation: Grantee may not alienate or encumber without the consent
of the Secretary of the DENR for 10 years from the title is granted to the grantee.
Effect: Such alienation shall be null and void and the property shall be reverted
back to the state.
Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth
Act No. 141

Who may apply: (Sec. 33) Any Filipino citizen of lawful age.
Limit: Five hundred (500) hectares for Filipino citizens
Lease Term: (Sec. 38) Not more than twenty-five (25) years, but may be
renewed once for another period of not to exceed twenty-five (25) years, in case
the lessee shall have made important improvements which, in the discretion of
the Secretary of Environmental and Natural Resources justify a renewal.
Rent: Not less than three percent (3%) of the appraised value of the land, with
the exception of leases covering grazing land, the rental amount shall not be
less than two percent (2%) of the land’s appraised value. (Sec. 37)
Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth
Act No. 141.
Who may apply?
Any natural born citizen of the Philippines who does not yet own more than twelve (12)
hectares of agricultural land (formerly 24 hectares) may apply for a free patent.
Condition for approval of the patent: Director of Lands must be satisfied that:
(a)The applicant, or his predecessors-in-interest, continuously occupied and cultivated
agricultural land of the public domain;
(b)Occupation and cultivation has been:
1. For members of national cultural minorities, since 4 July 1955, whether or not the land
occupied is disposable or not.
2. For all other applicants, for a period of at least thirty (30) years since 28 March 1990
(the effectivity date of RA 6940 which amended Sec. 44 of the Public Land Act), or that even
absent cultivation, the applicant has paid real property taxes on the land for the same period
and that the said land has not been occupied by any other person.
3. Notice of the application has been published in the municipality and barrio in which
the land is located and adverse claimants have had an opportunity to present their claims.
Public Land Grants In Residential, Commercial, Industrial Lands
1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth
Act No 141;
Same as agricultural sale;
Appraisal; bidding; entry; introduction of improvements; and payment
2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to
conditions
Who may Apply? Any citizen of legal age, not the owner of a home lot in the
municipality or city
Requirement: Established his residence in Good Faith; which is not needed for
the public service; (Land must not be more than that 1,000 sq. meters)
Sale is through private or direct sale (appraisal but no bidding)
10% payment upon approval balance may be paid in full, or in ten equal annual
installments.
Restriction on transfer: 15 years (now removed under PD No. 2004)
3. Batas Pambansa Bilang 223 (1982-1987) - limited residential
free patent
Conditions - any Filipino citizen, not a registered owner of a residential land in
5th class municipalities, has been actually residing on, and continuously
possessing and occupying, under a bona fide claim of acquisition of ownership,
paid all the real estate taxes thereon since June 12, 1945, and not to exceed
3,000 sqm;
Not applicable in cities, and in in first class, second class third class, and fourth
class municipalities, and in townsite reservations;
Law expires in 1987 without being extended
4. Republic Act No. 10023 (2010) Residential Free Patent Law
Who may apply? Any Filipino Citizen who is an actual occupant of a residential
land. (actual occupation under bonafide claim of ownership for 10 years before
application)
Coverage: All lands which are zoned residential including townsites, Delisted
Military Reservation or Abandoned Military Camp and those under the NIPAS
law.
Limit of application: HUC: 200 sq.m. 1st and 2nd Class Mun. 750 sq.m. Other
Mun. 1000 sq. m.
Titles obtained by operation of law (Section 14, PD 1529)

Sec. 48 (B) C.A. 141 as amended by P.D. 1073

“(A) Now deleted by P.D. 1073, January 25, 1977
(B) Those 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 bona fide
claim of acquisition of ownership, since June 12, 1945, except when prevented
by war or force majuere. These 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 the provisions of this chapter.
(C) Members of the national cultural minorities who by themselves or
through their predecessors in interest have been in open, continous, exclusive
and notorious possession and occupation of alienable and disposable land of
the public domain, under a bona fide claim of ownership, since June 12, 1945,
shall be entitled to the rights granted in subsection (b) hereof.”
Sec. 14. P.D. 1529

“1. Those 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 bona fide claim
of acquisition of ownership, since June 12, 1945, except when prevented by
war or force majuere. These 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 the provisions of this chapter. (Imperfect
title)

2. Those who have acquired ownership of private lands by prescription under

the provisions of existing law.

3. Those who have acquired ownership of private lands or abandoned river

beds by right of accession or accretion under the existing laws.

4. Those who have acquired ownership of lands in any other manner provided
by law.”
History of the provision:

Act No. 926 (October 7, 1903)- OCEN-P and O of agricultural public land for a
period of 10 years next preceding the effectivity of this act.

Act No. 2874 (November 29, 1919)- OCEN-P and O of agricultural lands of the
public domain, under a bona fide claim of acquisition of ownership, since July
26, 1894. (Filipino and American Citizen)

CA 141 (November 7, 1936)- OCEN-P and O of lands of the public domain

since July 26, 1894. (Filipino citizen)

RA 1942 (June 22, 1957) Amended Sec. 48b- OCEN P and O for at least 30
years immediately preceding the filing of the application.

PD 1073 (January 25, 1977) OCEN P and O of alienable and disposable lands of
the public domain since June 12, 1945.

RA No. 9176 (November 13, 2002) Extended the period to file an application
for Judicial Confirmation of imperfect or incomplete title to December 31, 2020,
and limited it to 12 hectares only.
Sec 14 (1) PD 1529

“ 1. Those 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 bona fide claim
of acquisition of ownership, since June 12, 1945, except when prevented by
war or force majuere. These 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 the provisions of this chapter.” (Imperfect
title)

Sec. 14 (2).

“Those who have acquired ownership of private lands by prescription under the
provisions of existing law.”
SEC. 14 (3) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under existing
laws.

SEC. 14 (4) Those who have acquired ownership of the land in any
other manner provided by law
Public Land Grants other than those granted under CA 141
1. Title issued under IPRA Law

2. Title issued under CARP (Republic Act No. 6657, as amended by

Republic Act No. 9700)
Constitutional Basis: Article XII Sec. 5

R.A. 8371 IPRA Law of 1987

What is Ancestral Domain? Ancestral Land? (Sec. 3)

Salient Provisions of the Law:

1. Rights to Ancestral Domain (Sec. 7)

2. Rights to Ancestral Lands (Sec. 8)

3.Option to Secure Certificate of Title under Commonwealth Act 141, as

amended, or the Land Registration Act 496 (Sec. 12)

4. Identification and Delineation of Ancestral Domain (Sec. 51, 52 and 53)

2. Title issued under CARP (Republic Act No. 6657, as amended by
Republic Act No. 9700)

Coverage:

All alienable and disposable lands of the public domain devoted to or

suitable for agriculture. All other lands owned by the Government devoted to
or suitable for agriculture; and All private lands devoted to or suitable for
agriculture regardless of the agricultural products raised or that can be raised
thereon.

Exemptions and Exclusions. (Section 10, RA No. 6657)

Ex.
Lands actually used for parks, wildlife forest reserves etc.
School sites etc. communal burial grounds, penal colonies etc.
Transferability of Awarded Lands

CLOAs cannot be sold, transferred or conveyed for ten (10) years except by:
Hereditary succession;
To the government
To the Land Bank
Other qualified beneficiaries through the DAR.

Repurchase

Children or the spouse of the transferor within a period of two (2) years (Sold to the
Government and Land Bank)