p.6
Prescription and Ownership Acquisition
What is the duration of uninterrupted adverse possession required for ownership and other real rights over immovables to prescribe?
Thirty years, without need of title or good faith.
p.6
Judicial Confirmation of Imperfect Title
Why is the ACME case considered unique?
ACME bought property from the Dumagat tribe, who had possessed it since time immemorial, making it already private land.
p.6
Changes Introduced by R.A. 11573
What are the guidelines for the application of R.A. 11573?
1. Retroactive application to pending cases as of September 1, 2021. 2. Resolve pending cases under new Section 14(1). 3. Allow additional evidence on land classification status.
p.7
Changes Introduced by R.A. 11573
What significant change did R.A. 11573 introduce regarding ownership proof?
R.A. 11573 made it easier to prove ownership by changing time requirements and the evidence sufficient to prove ownership.
p.3
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What is the basis for indigenous people's claims to ancestral domains and lands?
Claims of individual or traditional group ownership, continuously occupied since time immemorial.
p.1
Eligibility for Free Patent Applications
Who is eligible to apply for a free patent under R.A. No. 11573?
Any natural-born citizen of the Philippines who does not own more than 12 hectares of land and has continuously occupied and cultivated the land for at least 20 years.
p.1
Administrative Confirmation of Imperfect Title
What is the period for processing free patent applications?
CENRO or PENRO should process the application within 120 days from filing.
p.3
Judicial Confirmation of Imperfect Title
What was the ruling in De Los Angeles v. Santos regarding land titles?
Once a land has been titled, it cannot be acquired by another who applies for a title, but exceptions may apply.
p.2
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What does the Certificate of Ancestral Domain Title (CADT) under RA 8371 signify?
It refers to areas belonging to indigenous people, including lands and natural resources held under a claim of ownership since time immemorial.
p.7
Judicial Confirmation of Imperfect Title
How can defects in the original application be remedied according to the court?
Defects can be remedied by the discovery of new evidence or the effluxion of time, along with compliance with current statutes or the curative effect of new statutes.
p.6
Judicial Confirmation of Imperfect Title
What is the relevance of the 1987 Constitution regarding property ownership for former Filipinos?
It allows former Filipinos to own property even if they are now aliens.
p.1
Types of Administrative Grants: Homestead, Sales, and Lease Patents
What are the forms of concession of agricultural lands under C.A. 141?
Homestead settlement, sale, lease, and confirmation of imperfect or incomplete titles.
p.6
Possession and Occupation Requirements for Land Title
What must an applicant prove if the land was previously used for public use?
The applicant must prove that the State has abandoned its use over the land.
p.2
Miscellaneous Sales Patent and Residential Free Patent
What is the key feature of the Residential Free Patent under RA 10023?
It allows for residential applications through DENR with no prohibitory period, enabling immediate sale after acquisition.
p.2
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What is the prohibitory period associated with the CLOA?
There is a ten-year prohibitory period from the issuance of the CLOA, except in cases of hereditary succession.
p.5
Judicial Confirmation of Imperfect Title
What does 'Confirmation of Imperfect Title' mean?
It refers to confirming or perfecting your title, as you already own the property through modes of acquiring ownership.
p.7
Changes Introduced by R.A. 11573
What is sufficient proof that land is alienable under R.A. 11573?
A certification by a designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain.
p.5
Prescription and Ownership Acquisition
Can you acquire titled property by prescription?
No, only untitled property can be acquired by prescription or adverse possession.
p.5
Prescription and Ownership Acquisition
What is required for ordinary acquisitive prescription?
Possession of things in good faith and with just title for the time fixed by law.
p.3
Judicial Confirmation of Imperfect Title
What is the role of continuous occupation in land title claims?
Continuous occupation is required for confirming ownership claims, whether judicially or administratively.
p.6
Judicial Confirmation of Imperfect Title
What was the significance of the ACME Plywood Co. case regarding land acquisition?
ACME had a perfect right to acquire land already accepted as private, as the Dumagat Tribe had a legally sufficient title.
p.5
Possession and Occupation Requirements for Land Title
Why is possession alone insufficient to acquire title to alienable lands?
Because the law requires both 'possession and occupation'.
p.2
Miscellaneous Sales Patent and Residential Free Patent
What is the Miscellaneous Sales Patent under RA 730 and PD 2004?
It covers creeks and dried-up creeks, certified as alienable and disposable by DENR, and can be purchased without public bidding.
p.6
Possession and Occupation Requirements for Land Title
What is the implication if land was never used for public use?
The new law does not require express government manifestation.
p.1
Types of Administrative Grants: Homestead, Sales, and Lease Patents
What is the prohibitory period for homestead patents?
Homestead patents cannot be sold, disposed, or encumbered for a period of 5 years until 25 years.
p.1
Eligibility for Free Patent Applications
Where can eligible persons file applications for agricultural free patents?
At CENRO for all applications, or at PENRO if the province has no CENRO.
p.7
Changes Introduced by R.A. 11573
What is the new required length of possession under R.A. 11573?
Twenty (20) years immediately preceding the filing of the application.
p.3
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What is the significance of the Cariño Doctrine?
It declares ancestral lands and domains held by indigenous people as never having been public land.
p.3
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
How can indigenous people acquire title over ancestral lands and domains?
By native title for both or by torrens title for ancestral lands only.
p.2
Miscellaneous Sales Patent and Residential Free Patent
What are the Special Patents for Reclamation under PD 1084 and PD 1085?
These pertain to reclaimed lands, requiring a permit from the Philippine Reclamation Authority and a proclamation from the Office of the President.
p.3
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What does the term 'native title' refer to?
A right of private ownership uniquely granted to indigenous peoples over their ancestral lands and domains.
p.1
Administrative Confirmation of Imperfect Title
What is the role of CENRO in the application process?
CENRO processes applications and forwards recommendations based on land area.
p.7
Judicial Confirmation of Imperfect Title
What is the principle of res judicata in relation to registration proceedings?
Res judicata does not apply to registration proceedings because there is no conclusive adjudication of rights between adversarial parties.
p.3
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What does IPRA stand for?
Indigenous Peoples' Rights Act.
p.6
Possession and Occupation Requirements for Land Title
Does the new law require express government manifestation for land previously used for public service?
Yes, if the land was previously used as public land by the State.
p.3
Judicial Confirmation of Imperfect Title
What is the difference between title and certificate of title?
Title is the lawful cause of ownership, while a certificate of title is merely evidence of ownership.
p.5
Possession and Occupation Requirements for Land Title
What constitutes good faith in possession according to Article 1127?
The reasonable belief that the person from whom the thing was received was the owner and could transmit ownership.
p.4
Judicial Confirmation of Imperfect Title
What is the significance of continuous occupation and cultivation in the application process?
It is required for both judicial and administrative legalization of agricultural lands.
p.7
Changes Introduced by R.A. 11573
What does Section 7 of R.A. 11573 allow?
Judicial confirmation of imperfect titles by changing the required evidence.
p.5
Possession and Occupation Requirements for Land Title
What does 'open, continuous, exclusive, and notorious' mean in the context of possession?
Open means visible; continuous means uninterrupted; exclusive means for one's own use; notorious means generally known by the public.
p.4
Judicial Confirmation of Imperfect Title
What is the maximum area of land that can be applied for registration under judicial confirmation?
Not exceeding twelve (12) hectares.
p.4
Judicial Confirmation of Imperfect Title
What are the conditions for applicants who have been in possession of public domain lands?
They must have been in possession for at least 20 years under a bona fide claim of ownership, except when prevented by war or force majeure.
p.4
Judicial Confirmation of Imperfect Title
What is the basis for acquiring ownership of private lands or abandoned riverbeds?
By right of accession or accretion under existing laws.
p.5
Possession and Occupation Requirements for Land Title
What are the two paramount elements in possession?
1) There must be occupancy, apprehension, or taking; 2) There must be intent to possess (animus possidendi).
p.2
Miscellaneous Sales Patent and Residential Free Patent
What is a Special Patent for Public Use under RA 10023?
It allows government institutions to apply for land for public purposes such as schools and municipal halls.
p.4
Judicial Confirmation of Imperfect Title
What is the role of a trustee in the application for registration?
A trustee may apply for original registration of land held in trust unless prohibited by the trust instrument.
p.2
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What does the Certificate of Land Ownership Award (CLOA) under RA 6657 represent?
It represents the redistribution of agricultural lands in the Philippines, entitling beneficiaries to eventually own the land after fulfilling conditions.
p.4
Judicial Confirmation of Imperfect Title
What happens if the period for redemption expires during registration proceedings for land sold under pacto de retro?
The vendee a retro may be substituted as the applicant and continue the proceedings.
p.6
Judicial Confirmation of Imperfect Title
Can private corporations apply for judicial confirmation of title?
Yes, if they have a vested right to the property.
p.5
Prescription and Ownership Acquisition
What does Article 1106 state about prescription?
By prescription, one acquires ownership and other real rights through the lapse of time under conditions laid down by law.
p.1
Types of Administrative Grants: Homestead, Sales, and Lease Patents
What are lease patents related to?
They are not real Torrens Titles and pertain to salvage zones and foreshore lands.
p.2
Certificates of Land Ownership Award (CLOA) and Ancestral Domain Titles
What is the definition of Ancestral Land according to RA 8371?
Ancestral land refers to land occupied, possessed, and utilized by indigenous people, including various types of land and resources.
p.4
Judicial Confirmation of Imperfect Title
Who may apply for judicial confirmation of title according to Section 6 of R.A. No. 11573?
Persons who have been in open, continuous, exclusive, and notorious possession of alienable and disposable lands for at least 20 years, among others.
p.4
Judicial Confirmation of Imperfect Title
What is required if the land is owned in common?
All co-owners must file the application jointly.
p.3
Judicial Confirmation of Imperfect Title
What does the case of Kayaban v. Republic highlight?
It emphasizes that both judicial and administrative remedies confirm imperfect or incomplete titles.
p.4
Judicial Confirmation of Imperfect Title
What distinguishes Judicially Decree Titles from Free Patents?
Judicially Decree Titles claim ownership over land already held, while Free Patents acknowledge the land as part of the public domain.
p.1
Eligibility for Free Patent Applications
What must an applicant have paid to be eligible for a free patent?
The real estate tax on the land.
