Original Registration Flashcards
page 32: ORIGINAL REGISTRATION
Who may apply for OR?
LB: Sec. 14 PD 1529
- Those who by themselves [or] through their predecessors-in-interest have been in [OCEN] open, continuous, exclusive and notorious [PO] possession and occupation of [A&D] alienable and disposable lands of the public domain under a bona fide claim of ownership since June
12, 1945, [or] earlier - Those who have acquired ownership of private lands by prescription under the provisions of existing laws
- Those who have acquired ownership of private lands [or] abandoned river beds by right of accession [or] accretion under the existing laws.
- Those who have acquired ownership of land in any other manner provided for by law. Where the land is owned in common, all the co-owners shall file the application jointly.
note
This refers to acquiring ownership of land due to natural processes, such as the gradual addition of soil (alluvium) to one’s property caused by a river or stream (accretion), or the drying up of a river bed (abandoned river bed).
What is the doctrine in the case of DENR v. Mayor Yap (Boracay) case
To overturn the presumption of regalian doctrine, the land must be titled by showing;
- P&O (manner [ocen] & period)
- declaration that the land in issue is A&D
the case missed #2 and therefore the petition to title a land will be be denied.
Ong v. Republic
what does OCCUPATION over land mean
it means acts of dominion:
- tax dec
- introduction of improvements
- fencing
- use of land
- hiring of caretaker
Ong v. Republic
what is the legal concept of constructive possession?
describing a situation wherein an individual has actual control over property without having actual physical possession of the same.
For a car, constructive possession would be possession of the car keys.
Ong v. Republic
What is constructive possession For land? how did the SC appreciate that in light of registering?
Sale evidenced by a DOAS is constructive possession however the SC ruled that it is too broad thus requiring occupation
PD 1529 v. RA 11573
which parts of RA amended PD?
11753 sec. 5 & 6 amended PD 1529 the entire section 14. to the effect that;
[1529]
- start as early as June 12, 1945 (sec. 14(1))
[11573]
- 20 years from time applicant sought registration
MEANING
- Applicants no longer need to trace possession as far back as June 12, 1945. Instead, they only need to prove 20 years of OCEN possession & occupation immediately preceding the filing of the application.
so if you register 2025, you must show OCEN P&O since 2005
Malabanan v. Republic (2009)
2 kinds of prescription by which patrimonial property may be acquierd
- [ordinary acquisitive prescription]
acquires ownership of PP (patrimonial property) through;
- possession for at least 10 years,
- in good faith and with
- just title
- [extraordinary acquisitive prescription]
- uninterrupted adverse possession of PP for at least 30 yrs, regardless of good faith or just title, ripens into ownership
Malabanan v. RP (2009)
In order that public domain become patrimonial property, what must comply?
[B]
What is the effect relevant to the case once public domain becomes PP?
[A]
1. The land must be declared alienable and disposable (A&D) by the government.
- There must be an express government manifestation that the land is no longer needed for public service [or] national development.
[B]
The prescriptive period runs for a person to acquire ownership consistent with sec. 14(2) of PD 1529
in the case of Malabanan v. RP (2009), was the land PP?
No,
while the land was expressly declared as A&D, the second requirement which was an expressed declaration that the same was no longer of public use, service, or national wealth development therefore the petitioner could not avail of Sec. 14(2) of PD 1529
Republic v. Pasig Rizal
v.
Malabanan v. RP
distinguish the two insofar as the twin requirements are concerned
Rizal
- the reclassification to A&D was sufficient to fulfill the requirement of “express declaration that the land is PP” because according to MVF Leonen there was never a time the State expressly declared private properties into PP.
Republic v. Pasig Rizal
v.
Malabanan v. RP
- P&O
- Proof that the land is A&D
[Pasig Rizal 2022]
- (20) years immediately before filing of the obligation for confirmation of the imperfect title
- (Sworn Statement) by the Geodetic Engr. of DENR that land is within A&D lands of public domain
[Malabanan 2013]
- On June 12, 1945 or earlier
- Cert/certified copy of reclassification by the legal custodian
A applied in 2010 but it was not
granted by the Court on the basis that they failed to comply with the period required and the proof that the land has been reclassified as A & D.
Can A now go to Court and apply for registration under the new law? Would res judicata apply?
Yes
If pending, what are the guidelines for the application of RA 11583 to the existing or existing pending cases for original registration?
RA 11573 shall apply retroactively to all
applications for judicial confirmation of title which remain pending as of September 1, 2021 or the date when RA 11573 took effect which includes all petitions, pending resolutions in the first instance before all RTC and pending before the CA
