Cases Flashcards
state a way to show that the land being for registration is alienable and disposable agri land
Presentation of approved survey plan bearing a certification signed by a duly designated DENR geodetic engineer, certification from director is not accepted
Complete the sentence, Unless public land is show to have been _________ or ________ to a _____ ___ by the ______, it remains….
reclassified, alienated, private person…. part of the inalienable public domain
Can forests lands capble of private appropriation?
No, jurisprudence reiterates that forests lands or forest reserves are not capable of private appropriation and cannot convert them into private property
Does the Land Registration Court (LRC) have a jurisdiction over the forest land?
None, forest reserves are not capable of private appropriation and cannot convert them into private property however long
Why is IP title considered as sui generis
bound in the concept that the mutual sharing of resources wherein no individual regardless of status is without sustenance
exception to jura regalia
native title
what does native title cover?
ancestral lands - under a claim of private ownership by ICC/IPs, they have never been PUBLIC lands kasi ever since spanish conquest existing at nirerecognize na siya
t/f a free patent is valid where it was granted to an IP member over ancestral land
sec 4 of 8 of public land act
acay was able to prove that the land suitable for agriculture, and they have been there for over 30 days
T/F torrens system is a mean of acquiring titles to land
F, it is merely a system of registration of titles to lands
what is the real purpose of torrens system
quiet title to land, put a stop to forever question of the legality of the registration
what is torrens system
it is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, that serves as the CONCLUSIVE EVIDENCE OF TITLE OF THE PERSON recorded on the register as the proprietor
define laches
failure or neglect, for an unreasonable and unexplained length of time, to do what, by exercising due diligence could or should have been done earlier..
rule of indefeasibility of the torrens system
title becomes incontestable and incontrovertible 1) after one year from date of issuance of decree of registration, or if the 2) land has fallen into the hands of innocent purchaser