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TOPIC ON JUDICIAL CONFIRMATION OFTITLE

1. Q: What must an appliant !"# $u%iial"n!i#mati"n p#"&'(

A: 1. That the land is alienable anddisposable land of public domain; and

2. That they have been in open,continuous, exclusive, and notoriouspossession and occupation of the land for the length of time and in the manner andconcept provided by law.

). Q: In an appliati"n !"# $u%iial"n!i#mati"n "! imp'#!'t titl' !il'% *+Na,uit- th' O/ a#,u's that th' p#"p'#t+000 must !i#st *' ali'na*l'. in' th'

su*$'t lan% as %'la#'% ali'na*l' "nl+"n 1234- Na,uit "ul% n"t ha&'maintain'% a bona fide laim "! "n'#ship sin' Jun' 1)- 1256- as#'7ui#'% *+ 'ti"n 15 "! th' P#"p'#t+R',ist#ati"n D'#''- sin' p#i"# t" 1234-th' lan% as n"t ali'na*l' "# %isp"sa*l'.Is it n''ssa#+ un%'# 'ti"n 15819 "! th'P#"p'#t+ R',ist#ati"n D'#'' (now Sec.48 (b) of the Public Land Act) that th'su*$'t lan% *' !i#st lassi!i'% asali'na*l' an% %isp"sa*l' *'!"#' th'

appliants p"ss'ssi"n un%'# a bonafide laim "! "n'#ship "ul% sta#t(

A: o. !ection 1"#1$ merely re%uires theproperty sought to be registered as alreadyalienable and disposable at the time theapplication for registration of title is filed. &f the !tate, at the time the application ismade, has not yet deemed it proper torelease the property for alienation or disposition, the presumption is that thegovernment is still reserving the right to

utili'e the property; hence, the need topreserve its ownership in the !tateirrespective of the length of adversepossession even if in good faith.(owever, if the property has already beenclassified as alienable and disposable, as itis in this case, then there is already anintention on the part of the !tate to abdicateits exclusive prerogative over the property.

(Republic v. CA and Naguit, G.R. No.144057, Jan. 17, 2005)

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TOPIC ON


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A married woman can now apply for apatent application under A*3277231dated 8une 2", 2772 issued by the then!ecretary of the epartment of nvironmentand atural /esources (eher'on T.

Alvare'. This is in accordance with Article &&,

!ection 1" of the 4onstitution and /epublic Act o. 912 otherwise 0nown as theay 29, 1+ on /evised?uidelines on the &mplementation of ?ender and evelopment #?A$ Activities in the/. This Administrative *rder giveswomen, e%ual right as men in filing,acceptance, processing and approval of public land applications.

2. What is th' ma0imum a#'a that ma+ *',#ant'% t" a h"m'st'a% appliant(

14. Wh" a#' auth"#i@'% t" si,nh"m'st'a% pat'nts(

or (omestead and ree 5atents:1. 6p to - hectares #has.$ @

5rovincial nvironment and atural/esources *ffice #!NR"$

2. >ore than - (as. to 17 (as. @/egional xecutive irector #/$

. >ore than 17 (as. 3 /!ecretary

TOPIC ON PECIAL PATENT

11. What is a sp'ial pat'nt(

otwithstanding any provision of law to thecontrary and sub)ect to private rights, if any,public land actually occupied and used for public schools, municipal halls, publicpla'as or par0s and other government

institutions for public use or purpose may beissued special patents under the name of the national agency or local government unitconcerned; 5rovided, That all lands titledunder this section shall not be disposed of unless sanctioned by 4ongress if owned bythe national agency, or sanctioned by thesanggunian concerned through an approved

ordinance if owned by the local governmentunit.

1). Wh" ma+ 7uali!+ t" appl+(

To non‐4hristian ilipinos under !ec.+" of

the 5ublic and Act #4A 1"1$

• !4T&* +". 6pon

recommendation of the !ecretary of Agriculture and 4ommerce, the5resident, may by proclamation,designate any tract or tracts of thepublic domain for the exclusive useof the non34hristian ilipinos,including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to

each member not already the owner,by title or gratuitous patent, of four or more hectares of land, the use andbenefit only of a tract of land not toexceed four hectares for each malemember over eighteen years of ageor the head of a family. As soon asthe !ecretary of the &nterior shallcertify that the ma)ority of the non34hristian inhabitants of any givenreservation have advancedsufficiently in civili'ation, then the

5resident may order that the landsof the public domain within suchreservation be granted under thegeneral provisions of this Act to thesaid inhabitants, and the subdivisionand distribution of said lands asabove provided shall be ta0en intoconsideration in the final dispositionof the same. =ut any non34hristianinhabitant may at any time apply for the general benefits of this Actprovided the !ecretary of Agriculture

and 4ommerce is satisfied that suchinhabitant is %ualified to ta0eadvantage of the provisions of thesame:#ovided , That all grants,deeds, patents and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or


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growing out of lands, granted bysultans, datus, or other chiefs of theso3called non34hristian tribes,without the authority of the !panish?overnment while the 5hilippineswere under the sovereignty of !pain,

or without the consent of the 6nited!tates ?overnment or of the5hilippine ?overnment since thesovereignty over the Archipelagowas transferred from !pain to the6nited !tates, and all deeds andother documents executed or issuedor based upon the deeds, patents,and documents mentioned, arehereby declared to be illegal, void,and of no effect.

1;. Wh'#' sh"ul% a sp'ial pat'nt *'!il'%(

The application li0e any other public landapplications should be filed at the /34ommunity nvironment and atural/esources *ffice where the land beingapplied for is located.

TOPIC ON LEAE OF A/RICULTURALLAND

15.16.1=.1>.

TOPIC ON FORE

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