Title | Land Title and Deeds Reviewer |
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Author | Irish Anne Diasanta |
Pages | 118 |
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The constitutional intent, under the 1973 and 1987 Constitutions, is to transfer ownership of only a limited area of alienable land of Classification of Public Land the public domain to a qualified individual. This constitutional intent is safeguarded by the provision p...
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Classification of Public Land --------------------------------------------------------- A. LAND CLASSIFICATION IS A PUBLIC ACT OF THE GOVERNMENT
Does Courts has jurisdiction for the classification of public land? : Courts are no longer free to determine the classification of lands from the facts of each case, because the present Public Land Act gave the Executive Department, through the President, the exclusive prerogative to classify or reclassify public lands into alienable or disposable, mineral or forest. (Secretary of DENR vs. Mayor Jose S. hp, et.al., G.R. Nos. 167707 & 173775, October 8, 2008) x x x. the classification of lands of the public domain is an exclusive prerogative of the executive department of the government and in the absence of such classification, the lands remain as unclassified until it is released therefrom and rendered open to disposition. Further, there exists a prior cadastral case involving the same parties herein and the same Lot No. 2372, which ruled that Lot No. 2372 belongs to the Republic. (Valiao vs. Republic, 661 SCRA 299, G.R. No. 170757 November 28, 2011)
--------------------------------------------------------- B. Rule in an application registration
What is a proper proof for registration for the classification of
land? Under Section 6 of the Public Land Act, the prerogative of classifying or reclassifying lands of the public domain belongs to the President—The President, through a presidential proclamation or executive order, can classify or reclassify a land to be included or excluded from the public domain; The Department of Environment and Natural Resources (DENR) Secretary is the only other public official empowered by law to approve a land classification and declare such land as alienable and disposable. (Republic vs. Heirs of Juan Fabio, 575 SCRA 51, GR. No. 159589 December 23, 2008). The annotation in the survey plan presented by Cortez is not the kind of evidence required by law as proof that the subject property forms part of the alienable and disposable land of the public domain. Cortez failed to present a certification from the proper government agency as to the classification of the subject property. (Republic vs. Cortez, G.R. No. 186639, February 5, 2014) Thus, the present rule is that an application for original registration must be accompanied by: (1) a CENRO or PENRO Certification; and (2) a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. Here, respondent Corporation only presented a CENRO certification in support of its application. Clearly, this falls short of the requirements for original registration. (Republic vs. Corporation, respondent. G.R. No. p Type here to search Bantigue Point Development 162322, March 14, 2012)
--------------------------------------------------------- Classification of land according to alienability
Are corporations allowed to own such?
The constitutional intent, under the 1973 and 1987 Constitutions, is to transfer ownership of only a limited area of alienable land of the public domain to a qualified individual. This constitutional intent is safeguarded by the provision prohibiting corporations from acquiring alienable lands of the public domain, since the vehicle to circumvent the constitutional intent is removed. The available alienable public lands are gradually decreasing in the face of an ever-growing population. The most effective way to insure faithful adherence to this constitutional intent is to grant or sell alienable lands of the public domain only to individuals. This, it would seem, is the practical benefit arising from the constitutional ban. (Chavez vs. Public Estates Authority, 384 SCRA 152, G.R. No. 133250Ju1y 9, 2002) Can tax receipt enough to convert classification of land? The rule that unless a land is reclassified and declared alienable and disposable. Tax receipts and tax declarations are not incontrovertible evidence of ownership. They are mere indicia of claim of ownership. (Republic vs. Bacas et a], GR. No. 182913. November 20, 2013) Tax declaration is not a conclusive proof of ownership but same is admissible to show the nature of the possession of the claimant of the property for which taxes have been paid. (Heirs of Anastacio Fabela vs. CA, 362 SCRA 531 120011) (REGALIANDOCTRINE, ibid)
--------------------------------------------------------- Unclassified lands are considered forest lands.
Is such a classification presumed? Classified as forest land is released in an official proclamation to that effect so that it may form part of the disposable agricultural lands of the public domain. Declassification of forest land is an express and positive act of Government. It cannot be presumed. Neither should it be ignored nor deemed waived. It calls for proof. (Pagkatipunan vs. Court of Appeals, GR No. 129682, March 21, 2002) If Boracay is an unclassified land, what category does it fall in? Except for lands already covered by existing titles, Boracay was an unclassified land of the public domain prior to Proclamation No. 1064. Such unclassified lands are considered public forest under PD No. 705 (Secretary of DENR vs. MayorJose S. rap, et.al., (ibid).
--------------------------------------------------------- The physical description of the land is irrelevant. NOTE
The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. Unless and until the land classified as "forest" is released in an official proclamation to that effect so that it may form part Of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.
--------------------------------------------------------- Stripping of forest cover is not tantamount to re-classification. NOTE
The classification is descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. Unless and until the land classified as "forest" is released in an official proclamation to that effect so that it may form part Of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.
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Tax Receipts are not incontrovertible evidence of ownership BLANK blank --------------------------------------------------------- Annotation in the survey plan is not sufficient evidence. BLANK blank --------------------------------------------------------- DENR-CENRO certification is not sufficient to prove that the land is classified as alienable and disposable. BLANK blank --------------------------------------------------------- Classification is a prerogative of the executive department
Does forest land have have to be on mountains or in out of the way places? Or will it lose classification just because it has been stripped off of forest cover? The following ruling may be applied to this case by analogy: "A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers may have stripped it of its forest cover. Parcels of land classified as forest land may actually be covered with grass of planted to crops by kaingin cultivators or other farmers. 'Forest lands' do not have to be on mountains or in out of the way places. Swampy areas covered by mangrove trees, nipa palms and other trees growing in brackish or sea water may also be classified as forest land. The classification is descriptive of its legal nature Of status and does not have to be descriptive of what the land actually looks like. (Edna Collado v Court of Appeals,G.R. No. 107764, 04 October 2002) "Forest" as defined in the dictionary is descriptive of what appears on the land while 'forest on timber land" is a legal status, a classification for legal purposes. The "forest land" started out as 'forest" Of vast tracts of wooded land with dense growths of tree and underbrush. However, said the Highest Tribunal in this annotated case, the cutting down of trees and the disappearance of virgin forest do not automatically convert the land of the public domain from forest or timber or timber land to alienable agricultural land. (REGALIANDOCTRINE, 379 SCRA 632, March 21, 2002) What is a foreshore land? Foreshore land refers to a strip of land that lies between the high and low water marks and is alternatively wet and dry according to the flow of tide. It is part and parcel of the alienable land of the public domain and may be disposed of only by lease and not otherwise. Classification of public lands is a function of the executive branch of the government, specifically the Director of Lands (now the Director of the Lands Management Bureau). (Roble vs. Arbasa, 362 SCRA 72 [20011) (REGALIAN DOCTRINE, ibid) However, Section 8 provides that lands which are already private lands, as well as lands on which a private claim may be made under any law, are not covered by the classification requirement in Section 8 for purposes of disposition. This exclusion
in Section 8 recognizes that during the Spanish regime, Crown lands were per se alienable unless falling under timber or mineral zones, or otherwise reserved for some public purpose in accordance with law. Petitioner has not alleged that the disputed portion had not become private property prior to the enactment of Act No. 2874. Neither has petitioner alleged that the disputed portion was not land on which a private right may be claimed under any existing law at that time. (Republic vs. CA and Heirs of Carag and Turingan, GR No. 155450; August 6, 2008)
--------------------------------------------------------- Sketch or survey plan does convert to alienable land
Is a sketch plan enough to convert such land into alienable land? how about private property? The existence of a sketch plan of real property even if approved by the Bureau of Lands is no proof in itself of ownership of the land covered by the plan. (Gimeno v. Court of Appeals, 80 SCRA 623). The fact that a claimant or a possessor has a sketch plan or a survey map prepared for a parcel of land which forms part of the country's forest reserves does not convert such land into alienable land, much less private property. Assuming that a public officer erronec)usly approves the sketch plan, such approval is null and void 'I here must first be a formal Government declaration that the forest land has been re-classified into alienable and disposable agricultural land which may then be acquired by private persons in accordance with the various modes of acqumng public agricultural lands. (Republic v. Vicente Roxas and the Register of Deeds of Oriental Mindoro, GR. No. 157988, December 11, 2013)
--------------------------------------------------------- CENRO certificate is not sufficient proof that the land is alienable and disposable
Is DENR-CENRO certification sufficient to prove that the land is classified and alienable and disposal NO, DENR-CENRO certification is not sufficient to prove that the land is classified and alienable and disposal To Support her contention Lualhati submitted certifications from the DENR-CENRO stating that no public land application or land patent covering the subject lots is pending nor are the lots embraced by any administrative title. The certifications are not sufficient. The applicant for land registration must present a copy of the original classification approved by the DENR Secretary (Republic v, Emeteria G. Lualhati, GR No. 183511, March 25, 2015) Respondents presented a Certification dated November 25, 1994, issued by the Community Environment and Natural Resources Officer, Department of Environment and Natural Resources Office,
CENRO and Certification signed by the DENR Secretary as held in the landmark case of T.A.N. properties.
CENRO and Certification signed by the DENR Secretary as held in the landmark case of T.A.N. Properties It is not enough for the PENRO or CENRO to certify that a land is alienable and disposable. The applicant for land registration must prove that the DEVR Secretary had approved the land classification and released the land of the public domain as alienable and disposable, and that the land subject of the application for registration falls within the approved area per verification through survey by the PENRO or CENRO. In addition, 1
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the applicant for land registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. These facts must be established to prove that the land is alienable and disposable. (Republic vs October 04, 2012)
--------------------------------------------------------- Private lands are not covered by classification requirement BASIS
However, Section 8 provides that lands which are already private lands, as well as lands on which a private claim may be made under any law, are not covered by the classification requirement in Section 8 for purposes of disposition. This exclusion in Section 8 recognizes that during the Spanish regime, Crown lands were per se alienable unless falling under timber or mineral zones, or otherwise reserved for some public purpose in accordance with law. Petitioner has not alleged that the disputed portion had not become private property prior to the enactment of Act No. 2874. Neither has petitioner alleged that the disputed portion was not land on which a private right may be claimed under any existing law at that time. (Republic vs. CA and Heirs of Carag and Turingan, GR No. 155450; August 6, 2008)
--------------------------------------------------------- The disposition of alienable AND disposable public lands
BASIS The disposition of alienable and disposable public lands is provided in Section 11 of the Public Land Act (CA No. 141), to wit: (a) homestead settlement (b) sale (c) lease (d) by confirmation of imperfect or incomplete titles (e) judicial legalization or (f) administrative legalization (free patent). In relation to this, Section 48(b) of the Public Land Act provides: (Malabanan vs. Republic, G.R. No. 179987. September 3, 2013)
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LAWS GOVERNING REGISTRATION OF PROPERTY --------------------------------------------------------- HISTORICAL LAWS:
What is role of Law of the Indies of 1893 in LTD The Spaniards first introduced the doctrine in the Philippines through the laws of the indies and cedulas, laid the foundation that "all lands that are acquired from the government, either by pure or by grant, belong to the public domain. Under the Spanish conquest of the Philippines, ownership of lands, territories and possessions in the PH passed to the Spanish Crown What is the role Ley Hipotecaria or the Mortgage Law of 1893 in LTD The Laws of the Indies were followed by the Ley Hipotecaria or the Mortgage Law of 1893. The Spanish Mortgage Law provided for the systematic registration of titles and deeds as well as possessory claims.
What is the role of Treat of Paris role in LTD Four years later, Spain ceded to the government of the United States all rights, interests and claims over the national territory of the Philippine Islands through the Treaty of Paris of December 10, 1898. In 1903, the United States colonial government, through the Philippine Commission, passed Act No. 926, the first Public Land Act
--------------------------------------------------------- NOTES: LAWS GOVERNING REGISTRATION OF PROPERTY
The primary sources of legislation governing the registration of private lands and lands of the public domain are: (a) CA No. 141, or the Public Land Act, approved on November 7, 1936, but which became effective on December 1, 1936. (b) PD No. 1529, or the Property Registration Decree, issued on June 11, 1978. (c) Act No. 2259, or the Cadastral Act, enacted on February 11, 1913. (d) RA No. 8371, or the Indigenous Peoples Rights Act, approved on October 29, 1997.
--------------------------------------------------------- NOTES: P D No. 1529, or the Property Registration Decree
What does: The Property Registration Decree govern? is a codification of all laws relative to registration of property, What happens to other laws before PD 1529? It “supersedes all other laws relative to registration of property.” [Director of Lands v. Santiago, GR No. L-41278, April 15, 1988, 160 SCRA 186.] It has substantially incorporated the provisions of Act No. 496, or the Land Registration Act. Section 14, paragraphs (1) to (4), enumerates the persons who may apply for registration and the conditions therefor.
The original Land Registration Act (Act No. 496) was approved on November 6, 1902, but became effective on January 1, 1903. It established the Torrens system of registration in the country.29 It created a court called the “Court of Land Registration” which had exclusive jurisdiction over all applications for registration, with power to hear and determine all questions arising upon such applications.
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PUBLIC LAND ACT --------------------------------------------------------- NOTES: CA No. 141, or the Public Land Act
(for public lands only, does not apply to private lands) Act...