Chapter 2 onwards Flashcards
What is Act No. 3344 for?
For unregistered lands.
The first systematic registration of lands
Spanish Mortgage Law (Act No. 496) - this was used during the American Time
What are referred to as “unregistered lands?”
Lands that were registered under Spanish Mortgage Law but not during the American Time.
Can Spanish titles still be countenanced as indubitable evidence of land ownership?
No. The system of registration under the Spanish Mortgage Law was abolished and all holders of Spanish titles/grants should register their lands under the Land Registration Act.
Mariano San Pedro v. CA
Diaz-Enriquez v. Director of Lands
Explain the sales patent.
Citizens may lease not more than 500 hectares of agricultural lands of the public domain. Private corporations and associations may lease a maximum if 1,000 hectares.
Explain the free patent.
They may lease a maximum of 12 hectares only. Must have actual and continuous cultivation for at least 30 years. (amended to 10)
Public Land Act applies only to?
Public Land Act is a special law that applies only to alienable agricultural lands.
Republic v. Noval
What is the only ground to review or reopen a decree of registration?
Extrinsic fraud. It is fraud employed to deprive parties of that day in court and thus prevent them from asserting the right to the property registered in the name of the applicant.
Taar v. Lauan
What is an imperfect title?
A title that is defective and does not convey full legal transfer of a parcel of land or real estate.
What is the Cadastral Act (Act No. 2259)?
Registration of unregistered lands initiated by the State. There are instances that no one gets the title.
What is the purpose of CARP?
To close the disparity between the rich and the poor.
Aim of free patents to residential lands?
It aims to ease the requirements and procedures in the titling of residential lands. It is always applicable to PUBLIC lands ONLY.
What is the effect of a sale not correctly registered?
A sale that is not correctly registered is binding only between the seller and the buyer, but it does not affect innocent third persons.
What is the Public Land Act?
It governs the judicial confirmation of imperfect or incomplete titles on the basis possession and occupation of alienable portions of the public domain in the manner and for the length of time required by law. Applies only to public land (v. Act No. 3344 of unregistered lands)
How about registered lands to be transferred? Which law aplies?
Land Registration Act or Decree (PD 1529)
What lands are included in the Public Land Act?
It governs lands of the
a. public domain, except timber and mineral lands
b. friar lands
c. privately-owned lands which reverted to the State
How may public lands be disposed of under the Public Land Act?
- For homestead settlement
- By sale
- By leaase
- By confirmation of imperfect or incomplete title
a. by judicial legalization
b. by administrative legislation (free patent)
Can a private land be affected by the free patent issued over it?
No. Private ownership of land is not affected by the issuance of a free patent over the same land.
What is a free patent?
It is the acquisition of PUBLIC land by means of an administrative confirmation of imperfect title. This was implemented to legalize the land rights of Filipinos who are founded to be occupying and cultivating such lands for a certain period of time.
What is the origin of the Public Land Act (Act No. 926)?
It operated on the assumption that title to public lands in the Philippine Islands remained in the government, and that the government’s title to public land sprung from the Treaty of Paris and other subsequent treaties between Spain and the United States.
What are public lands?
All lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement.
What is the Agricultural Free Patent Reform Act (RA 11231)?
Farmers holding agricultural free patents may now sell their land or use it as collateral after President Duterte signed a measure that removed Commonwealth-era restrictions on lands covered by the Public Land Act.
What is the purpose of the cadastral system?
To serve the public interests by requiring that the titles to any lands “be settled and adjudicated.”
What kind of proceedings take place in the cadastral system?
Cadastral proceedings are in rem and are thus directed against property. There is no plaintiff and there is no defendant. In another sense, the Government is the plaintiff and all the claimants are defendants. A cadastral decree and a certificate of title are issued only after the applicants prove that they are entitled to the claimed lots, all parties are heard, and evidence is considered.