REGISTRATION OF PUBLIC LANDS

REGISTRATION OF PUBLIC LANDS

PUBLIC LANDS – all lands owned by the government

• Inalienable and alienable

• Inalienable – public domain: timber and miner lands

• Alienable/ Disposable - public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.

PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument

2. File instrument with ROD

3. Instrument to be entered in books and owner’s duplicate to be issued

4. Instrument – only contract between Government and private person and does not take effect as conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority for ROD to register

5. Fees to be paid by grantee

6. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE
• In absence of registration, title to public land is not perfected and therefore not indefeasible

• In case of 2 titles obtained on same date – one procured through decree of registration is superior than patent issued by director of lands

• 2 titles procured by one person – one from homestead patent, one from judicial decree & sold to 2 different persons, one who bought it for value and in good faith & one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
• Classification is exclusive prerogative of executive & not by judiciary

• Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION:
1. Agricultural – only one subject to alienation

2. Forest or timber

3. Mineral lands

4. National park

UNDER THE PUBLIC LAND ACT:

1. Alienable/disposable
a. Agricultural

b. Residential, commercial, industrial
c. Educational, charitable

d. Town sites and for public and quasi-public uses

2. Timber lands - inalienable

3. Mineral lands inalienable
• If patent or title is issued – void ab initio for lack of jurisdiction

• Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership

• Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935; vested rights which are protected

FISHPONDS

Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land

Now: restricted meaning; fishponds have a distinct category; cannot be alienated but may be leased from government.

DIRECTOR OF LANDS
• Quasi-judicial officer

• Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with regards to finding of law

• Empowered to alienate and dispose lands

MODES OF ALIENATING PUBLIC LANDS:
1. Homestead settlement

2. Sale

3. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization

• Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to cultivate

CONFIRMATION OF IMPERFECT TITLE:
1. Last extension granted by Government was until December 31, 1987

2. Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.
a. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application
b. In OCEN possession since June 12, 1945 or earlier
c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years

MAXIMUM LAND THAT CAN BE APPLIED: 144 hectares
• In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
• Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease

PERSONS COMPETENT TO QUESTION LAND GRANT
• Persons who obtained title from State or through persons who obtained title from State

PATENT

WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government patent/grant

2. Registered with ROD – mandatory: operative act to convey & transfer title

3. Actual physical possession, open & continuous

• Land ceased to be part of public domain & now ownership vests to the grantee

• Any further grant by Government on same land is null & void

• Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent

2. May not be opened one year after entry by LRA; otherwise, confusion, uncertainty & confusion on government system, of distribution of public lands may arise & this must be avoided

Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith

• Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

AIM OF HOMESTEAD PATENT:
• Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation

• As a matter of public policy, may be repurchased even if after 5 years provided not for profit

• Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose

RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent

2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application

3. Subject to repurchase of heirs within 5 years after alienation when allowed already

4. No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources

EXCEPTIONS:
1. Action for partition because it is not a conveyance

2. Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
• Pari delicto rule does not apply in void contract

• Violation of prohibition results in void contract

• Action to recover does not prescribe

HOMESTEADER
• If he dies, succeeded by heirs in the application

LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)
• Conveyance is valid if able to read and can understand language where deed is written

• Otherwise, not valid unless approved by Commission on National Integration

• Safeguard is to protect them against fraud/deceit