p.2
Private Property Rights and Ownership
What does Article 426 state about the term 'Muebles'?
The term 'Muebles' is used synonymously with 'furniture'.
p.2
Private Property Rights and Ownership
What types of properties can be owned privately according to Article 425?
All properties not belonging to the State or its subdivisions can be owned privately.
p.2
Private Property Rights and Ownership
In the context of Article 426, does the term 'furniture' include books?
No, 'furniture' does not include books, but it does include bookcases.
p.14
Modes of Acquiring Ownership
Can possession be acquired through force or intimidation if there is a possessor who objects?
No, possession cannot be acquired through force or intimidation if there is a possessor who objects.
p.15
Private Property Rights and Ownership
Why should gas and electrical energy not be equated with business or services provided by business entrepreneurs to the public?
Because they are intangible and capable of being taken, unlike services.
p.5
Classification and Alienation of Public Lands
Who has the authority to declare lands open to disposition or concession under CA 141?
The President, upon recommendation by the Secretary of Agriculture and Commerce.
p.4
Acquisition of Patrimonial Properties through Prescription
Who does prescription run against according to ART. 1108?
Minors with legal representatives, absentees with administrators, persons living abroad with managers, and juridical persons except the State and its subdivisions.
p.4
Acquisition of Patrimonial Properties through Prescription
Under what condition can state property be the object of prescription?
If the property is converted into patrimonial property.
p.2
Private Property Rights and Ownership
What does Article 425 state about private ownership?
Property of private ownership includes the patrimonial property of the State, provinces, cities, and municipalities, as well as all property belonging to private persons, either individually or collectively.
p.8
Public Use and Public Service Properties
According to the 1935 Constitution, what is subject to any existing right, grant, lease, or concession?
Property belonging to the State at the time of the inauguration of the Government established under the Constitution.
p.12
Acquisition of Patrimonial Properties through Prescription
What does ART 1126 (NCC) state about ordinary prescription of ownership or real rights?
Ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded.
p.11
Legal Framework for Confirmation of Imperfect Titles
What is the retroactive application of RA 11573 regarding judicial confirmation of title?
RA 11573 applies retroactively to all applications for judicial confirmation of title pending as of September 1, 2021.
p.3
Modes of Acquiring Ownership
What are examples of acquiring ownership through occupation?
Examples include hunting, fishing, hidden treasure, and abandoned movables ('res nullius' but not 'res communes').
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What was the key point in Davao Sawmill v. Castillo regarding machinery installed by a lessee?
Machinery installed by a lessee is considered movable/personal property, as it only becomes immobilized when placed by the owner of the property or plant.
p.6
Regalian Doctrine and Public Domain Lands
What is the general rule regarding the alienation of natural resources?
All natural resources may not be alienated.
p.3
Modes of Acquiring Ownership
What are examples of acquiring ownership through testate and intestate succession?
Examples include inheritance, legacies, and devisees.
p.14
Modes of Acquiring Ownership
What must someone do if they believe they have a right to deprive another of the holding of a thing?
They must invoke the aid of the competent court if the holder refuses to deliver the thing.
p.8
Regalian Doctrine and Public Domain Lands
What does the Chavez v. PEA ruling state about submerged areas?
Until reclaimed from the sea, submerged areas are 'waters owned by the State,' forming part of the public domain and consequently inalienable.
p.4
Modes of Acquiring Ownership
When does Alex acquire ownership of the land?
Alex acquires ownership of the land after delivery.
p.1
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What are the two main classifications of property according to Article 419?
Property is either of public dominion or of private ownership.
p.12
Classification and Alienation of Public Lands
Who must be presented as a witness for proper authentication of the certification?
The DENR geodetic engineer.
p.1
Acquisition of Patrimonial Properties through Prescription
Can patrimonial property be acquired through prescription?
Yes, patrimonial property may be acquired by private individuals or corporations through prescription.
p.1
Local Government Property Classification
How is property classified for local governments according to Article 423?
Property is divided into property for public use and patrimonial property.
p.8
Public Use and Public Service Properties
What happens to property belonging to the State under the Republic v. CA ruling?
It is subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under the Constitution.
p.15
Private Property Rights and Ownership
Why is the human voice and electronic voice signals considered intangible?
Because they are not susceptible of possession, occupation, or appropriation.
p.5
Classification and Alienation of Public Lands
What does 'alienation, disposition, or concession' mean under CA 141?
Any of the methods authorized by this Act for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands.
p.11
Acquisition of Patrimonial Properties through Prescription
What does actual possession of land entail?
Actual possession consists of acts of dominion over the land, as a party would naturally exercise over their own property.
p.13
Acquisition of Patrimonial Properties through Prescription
What governs prescription that was already running before the effectivity of the current Civil Code?
Laws previously in force, but if the entire period required for prescription elapses under the current Code, the present Code shall be applicable.
p.12
Acquisition of Patrimonial Properties through Prescription
What is the general rule about things within the commerce of men regarding prescription?
All things within the commerce of men are susceptible to prescription.
p.13
Acquisition of Patrimonial Properties through Prescription
What is the general rule for the applicability of Civil Code provisions on prescription under Art. 1116?
Prescription shall be governed by the law enforced at that time.
p.15
Private Property Rights and Ownership
How is electricity similar to tangible personal property?
Electricity is susceptible of being severed from a mass or larger quantity and of being transported from place to place.
p.15
Private Property Rights and Ownership
What is the common law stance on the theft of time or services?
At common law, neither time nor services may be taken and occupied or appropriated.
p.11
Acquisition of Patrimonial Properties through Prescription
What is the difference between possession and occupation in the context of land ownership?
Possession is broader than occupation because it includes constructive possession. Occupation delimits the all-encompassing effect of constructive possession, requiring actual possession.
p.1
Public Use and Public Service Properties
What types of properties are considered public dominion under Article 420?
Properties intended for public use, public service, or the development of national wealth.
p.1
Local Government Property Classification
What types of local government properties are considered for public use?
Provincial roads, city streets, municipal streets, squares, fountains, public waters, promenades, and public works for public service.
p.11
Legal Framework for Confirmation of Imperfect Titles
What additional evidence is required for land classification status under RA 11573?
A certification issued by the DENR geodetic engineer stating that the land has been classified as alienable and disposable land of the public domain.
p.3
Modes of Acquiring Ownership
What are examples of acquiring ownership through law?
Examples include Civil Code provisions on accession, fruits naturally falling on adjacent land, exercise of eminent domain, and the Comprehensive Agrarian Reform Program (CARP).
p.14
Modes of Acquiring Ownership
Do acts merely tolerated, executed clandestinely, or by violence affect possession?
No, acts merely tolerated, executed clandestinely, or by violence do not affect possession.
p.8
Classification and Alienation of Public Lands
What must happen before reclaimed lands can be considered alienable or disposable?
The government must officially classify these lands as alienable or disposable lands open to disposition and declare them no longer needed for public service.
p.4
Acquisition of Patrimonial Properties through Prescription
What are the two types of prescription?
Acquisitive and extinctive.
p.5
Regalian Doctrine and Public Domain Lands
Under what conditions can the State enter into agreements for the exploration, development, and utilization of natural resources?
The State may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty percent of whose capital is owned by such citizens, for a period not exceeding 25 years, renewable for not more than 25 years.
p.4
Acquisition of Patrimonial Properties through Prescription
What types of properties are susceptible to prescription?
All things within the commerce of men and patrimonial property of the State.
p.11
Acquisition of Patrimonial Properties through Prescription
What are the characteristics of possession required to convert alienable public land to private property?
Possession must be open, continuous, and exclusive for the prescribed statutory period (30 years under The Public Land Act).
p.4
Classification and Alienation of Public Lands
Who has the power to classify lands of the public domain?
The President, upon the recommendation of the Secretary of Agriculture and Commerce.
p.13
Acquisition of Patrimonial Properties through Prescription
What constitutes the good faith of a possessor under Art. 1127?
The reasonable belief that the person from whom he received the thing was the owner thereof and could transmit ownership.
p.1
Local Government Property Classification
What did the court rule in the case of Province of Zamboanga del Norte v. City of Zamboanga regarding certain properties?
The court ruled that high schools, the capitol site, hospital, leprosarium sites, and school sites were patrimonial property because they are not for public use and do not qualify as public works for public service.
p.2
Local Government Property Classification
How should the local government acquire road lots in a private subdivision?
The local government should acquire them by donation, purchase, or expropriation.
p.15
Private Property Rights and Ownership
What does PLDT do with electronic voice signals?
PLDT merely transmits the electronic voice signals through its facilities and equipment.
p.12
Classification and Alienation of Public Lands
What must a certification bear reference to when classifying land?
The applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, or proclamation classifying the land.
p.4
Acquisition of Patrimonial Properties through Prescription
What right do persons disqualified from administering their property have?
They have the right to claim damages from their legal representatives whose negligence has caused the prescription.
p.5
Regalian Doctrine and Public Domain Lands
Who is given priority in the small-scale utilization of natural resources and cooperative fish farming?
Subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
p.11
Private Property Rights and Ownership
What are the limitations on land ownership for former Filipino citizens under BP 185?
Former Filipino citizens are limited to 1,000 sqm of urban land and 1 hectare of rural land, including if married.
p.3
Modes of Acquiring Ownership
What does the acronym OLD TIPS stand for in the context of modes of acquiring ownership?
Occupation, Law, Donation, Tradition (in certain contracts), Intellectual creation, Prescription, Succession (by estate or intestate).
p.4
Classification and Alienation of Public Lands
What did the Ankron v. Gov’t of the Philippines Islands case establish?
The courts have the right to presume that lands are agricultural until proven otherwise.
p.14
Modes of Acquiring Ownership
Are acts of possessory character executed in virtue of license or by mere tolerance by the owner available for the purposes of possession?
No, acts of possessory character executed in virtue of license or by mere tolerance by the owner are not available for the purposes of possession.
p.1
Patrimonial Property and Its Conversion from Public Dominion
What happens to property of public dominion when it is no longer intended for public use or public service according to Article 422?
It becomes part of the patrimonial property of the State.
p.5
Regalian Doctrine and Public Domain Lands
What is the role of the State in protecting marine wealth according to the 1987 Constitution?
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
p.3
Modes of Acquiring Ownership
What are the modes of acquiring ownership according to ART. 712?
Ownership is acquired by occupation and by intellectual creation. It is also acquired and transmitted by law, donation, testate and intestate succession, certain contracts, tradition, and prescription.
p.11
Legal Framework for Confirmation of Imperfect Titles
What must be proven for judicial confirmation of title under the new Section 14(1) of PD 1529?
Proof of OCENPO (Open, Continuous, Exclusive, Notorious, and Possession of Alienable and Disposable lands) for at least 20 years immediately preceding the filing of the application is required.
p.6
Modes of Acquiring Ownership
What does the State promote in agreements for the exploration, development, and utilization of natural resources?
The development and use of local scientific and technical resources.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What are the requisites for machinery to be 'immobilized' according to Meralco vs. The City Assessor of Lucena City?
1) Placed in the tenement by the owner, 2) Destined for use in the industry or work of the tenement, 3) Tend to directly meet the needs of said industry or works.
p.16
Local Government Property Classification
According to the Local Government Code, what is required for machinery to be deemed real property subject to real property tax?
Machinery need not be annexed to the land or building; it may be attached permanently or temporarily.
p.3
Modes of Acquiring Ownership
What is the role of tradition in acquiring ownership through certain contracts?
A perfected sale does not transmit ownership; it is the delivery or tradition which conveys ownership. Examples include contracts of sale, barter, assignment, and simple loan or mutuum.
p.13
Acquisition of Patrimonial Properties through Prescription
What is 'just title' for the purposes of prescription under Art. 1129?
Just title exists when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right.
p.15
Private Property Rights and Ownership
What characteristic allows a valuable article of merchandise to be taken away from the owner?
It is capable of appropriation by another other than the owner.
p.8
Classification and Alienation of Public Lands
When can submerged areas be classified as public agricultural lands according to Chavez v. PEA?
Only when actually reclaimed from the sea.
p.4
Acquisition of Patrimonial Properties through Prescription
What is prescription in legal terms?
Prescription is the acquisition or loss of a right by the lapse of time.
p.12
Classification and Alienation of Public Lands
What must the certification confirm about the LC Map?
That the LC Map forms part of the records of NAMRIA and is being used by the DENR as a land classification map.
p.4
Acquisition of Patrimonial Properties through Prescription
What types of properties cannot be the object of prescription?
Things within the commerce of men but otherwise provided, and public dominion of the State or any of its subdivisions.
p.5
Regalian Doctrine and Public Domain Lands
Can the President enter into agreements with foreign-owned corporations for technical or financial assistance?
Yes, the President may enter into agreements with foreign-owned corporations involving either technical or financial assistance.
p.10
Legal Framework for Confirmation of Imperfect Titles
What are the conditions for a person to be conclusively presumed to have performed all the conditions essential to a Government grant under SEC 48, CA 141?
The person must have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable agricultural lands of the public domain under a bona fide claim of ownership for at least twenty years immediately preceding the filing of the application for confirmation of title, except when prevented by war or force majeure.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What principle was established in Sibal v. Fernandez regarding the classification of properties?
Properties listed as immovable under 415 can be considered personal properties for implementing special laws, based on the principle of estoppel and an express provision under 426 (2).
p.9
Legal Framework for Confirmation of Imperfect Titles
What are the two modes of confirming imperfect titles?
Judicial legalization and administrative legalization (free patent).
p.16
Private Property Rights and Ownership
What is the essence of theft according to US v. Ignacio Carlos and Laurel v. Abrogar?
The taking of personal property from the possession of the owner without his privity and consent and without animus revertendi.
p.6
Modes of Acquiring Ownership
What small-scale utilization of natural resources may Congress allow?
Small-scale utilization by Filipino citizens and cooperative fish farming with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
p.6
Regalian Doctrine and Public Domain Lands
Does ownership of agricultural land give a person the right to extract or utilize minerals discovered on the land?
No, the person must have permission from the State as the minerals belong to the State.
p.7
Classification and Alienation of Public Lands
What are the classifications of lands of the public domain according to SEC 3, ART XII of the Constitution?
Agricultural, forest or timber, mineral lands, and national parks.
p.8
Classification and Alienation of Public Lands
How were Crown lands deemed under the Spanish regime unless specifically declared otherwise?
All Crown lands were deemed alienable unless specifically declared as mineral or forest zone, or reserved by the State for some public purpose in accordance with law.
p.15
Private Property Rights and Ownership
Why is a service generally not considered property in the context of theft?
Because a theft of service would not constitute theft since there can be no caption or asportation.
p.5
Regalian Doctrine and Public Domain Lands
What is the Regalian Doctrine as stated in the 1987 Constitution of the Republic of the Philippines?
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
p.1
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What is patrimonial property according to Article 421?
All other property of the State that is not intended for public use, public service, or the development of national wealth.
p.1
Acquisition of Patrimonial Properties through Prescription
What properties are not susceptible to prescription according to Article 1113?
Public dominion property of the State or any of its subdivisions.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What was the ruling in Yee v. Strong Machinery regarding the building where rice-cleaning machinery was installed?
The building was considered real property, and dealing with it separately from the land did not change its character as real property.
p.9
Classification and Alienation of Public Lands
What are the four ways public agricultural lands can be disposed of according to SEC 11 (CA 141)?
1. For homestead settlement, 2. By sale, 3. By lease, 4. By confirmation of imperfect or incomplete titles (judicial and administrative legalization).
p.10
Legal Framework for Confirmation of Imperfect Titles
What happens if the period for redemption expires during the pendency of the registration proceedings under SEC 14, PD 1529?
Ownership to the property consolidates in the vendee a retro, who shall be substituted for the applicant and may continue the proceedings.
p.3
Modes of Acquiring Ownership
How is ownership acquired through donation?
Ownership is acquired through an act of liberality where a person disposes gratuitously of a thing or right in favor of another, who accepts it.
p.6
Regalian Doctrine and Public Domain Lands
Under whose control and supervision shall the exploration, development, and utilization of natural resources be?
Under the full control and supervision of the State.
p.9
Legal Framework for Confirmation of Imperfect Titles
Who is eligible for a free patent under SEC 44, CA 141 (as amended by Sec 2, RA 11573)?
Any natural-born citizen of the Philippines who is not the owner of more than twelve (12) hectares of land and has continuously occupied and cultivated the land for at least twenty (20) years prior to filing.
p.3
Private Property Rights and Ownership
What is a real right (jus in re)?
A real right is the power of a person to obtain certain financial or economic advantages over a specific thing, enforceable against the whole world, whether or not he possesses the thing.
p.5
Classification and Alienation of Public Lands
What are the classifications of alienable public lands according to CA 141?
Agricultural, Residential commercial industrial or for similar productive purposes, Educational, charitable, or other similar purposes, Reservations for town sites and for public and quasi-public uses.
p.5
Regalian Doctrine and Public Domain Lands
What natural resources cannot be alienated according to the 1987 Constitution of the Republic of the Philippines?
All natural resources except agricultural lands.
p.12
Acquisition of Patrimonial Properties through Prescription
Does ordinary prescription run against titled property?
No, ordinary prescription does not run against titled property.
p.11
Private Property Rights and Ownership
Can former Filipino citizens be transferees of private lands?
Yes, former Filipino citizens can be transferees of private lands, subject to limitations provided by law.
p.4
Classification and Alienation of Public Lands
What are the classifications of lands under CA No. 141?
Alienable or disposable, timber, and mineral lands.
p.6
Modes of Acquiring Ownership
What must agreements for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils be based on?
Real contributions to the economic growth and general welfare of the country.
p.3
Modes of Acquiring Ownership
What are examples of acquiring ownership through intellectual creation?
Examples include book copyrights, patented inventions, trademarks, and letters.
p.6
Regalian Doctrine and Public Domain Lands
What is the exception to the rule that natural resources may not be alienated?
Agricultural lands of the public domain.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What principle did the Supreme Court apply in Tsai v. Court of Appeals regarding the treatment of machinery as chattel?
The principle of estoppel, allowing parties to treat machinery as chattel even if it appears bolted in nature.
p.13
Acquisition of Patrimonial Properties through Prescription
What must be proved for the purposes of prescription under Art. 1131?
Just title must be proved; it is never presumed.
p.6
Regalian Doctrine and Public Domain Lands
What must a person claiming ownership of a portion of the public domain show according to the Regalian Doctrine?
Title from the state according to any of the recognized modes of acquisition of title.
p.7
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What is 'Imperium' in the context of government authority?
Imperium refers to the government's authority or sovereignty.
p.12
Classification and Alienation of Public Lands
What additional information must a certification include in the absence of a copy of the relevant issuance classifying the land as alienable and disposable?
The release date of the LC Map and the Project Number.
p.11
Legal Framework for Confirmation of Imperfect Titles
What is no longer required for the confirmation of title under PD 1529 as amended by Sec 7 RA 11573?
No further express government manifestation that the land constitutes patrimonial property or is no longer retained by the State for public use, public service, or the development of national wealth is required.
p.11
Acquisition of Patrimonial Properties through Prescription
What does the acronym OCEN stand for in the context of land possession?
OCEN stands for Open, Continuous, Exclusive, and Notorious.
p.10
Legal Framework for Confirmation of Imperfect Titles
Who may file a petition for confirmation of claims and issuance of a certificate of title to land not exceeding twelve hectares under SEC 48, CA 141?
Citizens of the Philippines who have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable agricultural lands of the public domain for at least twenty years, those who have acquired ownership of private lands or abandoned riverbeds by right of accession or accretion, and those who have acquired ownership of land in any other manner provided by law.
p.4
Classification and Alienation of Public Lands
What was the role of the courts in land classification prior to 1919?
The courts decided upon the classification of lands in the absence of a law allowing the chief executive to do so.
p.12
Acquisition of Patrimonial Properties through Prescription
Against whom does prescription, both acquisitive and extinctive, run?
Minors with legal representatives, absentees with administrators, persons living abroad with managers or administrators, and juridical persons except the State and its subdivisions.
p.13
Acquisition of Patrimonial Properties through Prescription
What are the conditions of good faith necessary for prescription under Art. 1128?
The conditions of good faith required for possession in Articles 526, 527, 528, and 529 of the Civil Code.
p.7
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What is 'Dominium' in the context of government authority?
Dominium is the capacity of the State to own or acquire property.
p.13
Acquisition of Patrimonial Properties through Prescription
What are the requisites of possession for prescription under Art. 1118?
Possession has to be in the concept of an owner, public, peaceful, and uninterrupted.
p.12
Acquisition of Patrimonial Properties through Prescription
What is the exception to the general rule that property of the State or its subdivisions shall not be the object of prescription?
Patrimonial properties of the State.
p.10
Legal Framework for Confirmation of Imperfect Titles
What must co-owners do if the land is owned in common under SEC 14, PD 1529?
All co-owners must file the application jointly.
p.9
Classification and Alienation of Public Lands
What is a homestead patent based on?
Sections 12-21 of CA 141 (1936).
p.13
Acquisition of Patrimonial Properties through Prescription
When does possession acquired in good faith lose this character under Art. 528?
When facts exist which show that the possessor is aware that he possesses the thing improperly or wrongfully.
p.6
Modes of Acquiring Ownership
What is the exception to the 25-year rule for agreements related to natural resources?
The 25-year limit is not applicable to water rights for irrigation, water supply, fisheries, and industrial uses other than the development of power.
p.7
Classification and Alienation of Public Lands
What is the maximum area that Filipino citizens may acquire on alienable lands of the public domain?
Not exceeding 12 hectares by purchase, homestead, or grant.
p.10
Legal Framework for Confirmation of Imperfect Titles
Under SEC 14, PD 1529, who may apply for registration of title to land not exceeding twelve hectares?
Those who have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain for at least twenty years, those who have acquired ownership of private lands or abandoned riverbeds by right of accession or accretion, and those who have acquired ownership of land in any other manner provided by law.
p.13
Acquisition of Patrimonial Properties through Prescription
What is the exception to the general rule for the applicability of Civil Code provisions on prescription under Art. 1116?
If the present Code provides a shorter period, it shall be applicable.
p.9
Legal Framework for Confirmation of Imperfect Titles
What is required for both judicial and administrative legalization of agricultural lands?
Continuous occupation and cultivation either by the applicant himself or through his predecessors-in-interest for a certain length of time.
p.10
Legal Framework for Confirmation of Imperfect Titles
What is the meaning of possession as defined in Republic v. Sps Tan (2023)?
Possession, to constitute the foundation of a prescriptive right, must be possession under a claim of title or ownership or it must be adverse. Possession alone is not sufficient to acquire title to alienable lands of the public domain.
p.9
Legal Framework for Confirmation of Imperfect Titles
What does an applicant of a free patent acknowledge?
That the land is still part of the public domain.
p.3
Modes of Acquiring Ownership
What is the difference between 'mode' and 'title' in the context of acquiring ownership?
Mode is the process of acquiring or transferring ownership, while title is that which provides the juridical justification for a mode, serving as the cause of the acquisition of ownership.
p.3
Private Property Rights and Ownership
What is a personal right (jus in personam)?
A personal right is the power belonging to a person to demand from another, as a definite passive subject-debtor, the fulfillment of a prestation to give, to do, or not to do.
p.7
Classification and Alienation of Public Lands
Which lands of the public domain may be alienated?
Only agricultural lands of the public domain may be alienated.
p.1
Public Use and Public Service Properties
What is the significance of the LRT Authority vs. City of Pasay case?
The court held that the railroads and terminals of the LRT, being devoted to public use, are properties of public dominion and thus owned by the State.
p.12
Acquisition of Patrimonial Properties through Prescription
What does ART 1106(1)(2) state about prescription?
By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
p.13
Acquisition of Patrimonial Properties through Prescription
What is presumed about good faith under Art. 527?
Good faith is always presumed, and the burden of proof rests on the one who alleges bad faith.
p.3
Modes of Acquiring Ownership
How is ownership acquired through prescription?
Ownership of land is acquired by adverse possession for the period of time required under the law, provided the necessary legal conditions or requisites are present.
p.3
Private Property Rights and Ownership
In the example where Alex bought land from Bea, what type of right does Alex have prior to the delivery of the land?
Prior to the delivery (tradition) of the land, Alex has only a personal right against Bea, namely, the right to demand the delivery. Alex is not yet the owner until after the delivery.
p.7
Classification and Alienation of Public Lands
What happens to private land once minerals are discovered on it?
The State may convert it into mineral land and discontinue its current use to extract the minerals.
p.7
Classification and Alienation of Public Lands
What is the maximum lease period for private corporations or associations on alienable lands of the public domain?
25 years, renewable for not more than 25 years.
p.7
Regalian Doctrine and Public Domain Lands
What does Sec. 3(a) of PD 705 state about unclassified lands of the public domain?
They are considered forest lands and are not alienable or disposable.
p.12
Acquisition of Patrimonial Properties through Prescription
What can persons disqualified from administering their property claim if their legal representatives' negligence causes prescription?
They have a right to claim damages.
p.10
Legal Framework for Confirmation of Imperfect Titles
What are the requisites for Judicial Legalization of Imperfect Title by OCENPO?
The applicant must not own more than 12 hectares of land and must have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain not covered by existing certificates of title or patents under a bona fide claim of ownership for at least 20 years prior to the filing of an application for agricultural free patent.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
In Tsai v. Court of Appeals, what determines whether a property is movable or immovable?
The intent of the parties, not just the physical attachment of the property.
p.13
Acquisition of Patrimonial Properties through Prescription
What is presumed about the character of possession under Art. 529?
It is presumed that possession continues to be enjoyed in the same character in which it was acquired until the contrary is proved.
p.9
Legal Framework for Confirmation of Imperfect Titles
Where should applications for agricultural free patents be filed?
Before the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR), or with the Provincial Environment and Natural Resources Office (PENRO) if there is no CENRO.
p.6
Modes of Acquiring Ownership
Under what conditions can the President enter into agreements with foreign-owned corporations for natural resource utilization?
The agreement involves technical or financial assistance, is limited to minerals, petroleum, and other mineral oils, complies with general terms and conditions provided by law, and the President must inform Congress within 30 days.
p.7
Classification and Alienation of Public Lands
What is the maximum area that private corporations or associations can lease on alienable lands of the public domain?
Not to exceed 1,000 hectares.
p.6
Modes of Acquiring Ownership
Who must notify Congress of every contract entered into for the exploration, development, and utilization of natural resources, and within what timeframe?
The President must notify Congress within thirty days from its execution.
p.9
Legal Framework for Confirmation of Imperfect Titles
What is the requirement for an applicant to hold an imperfect title through judicial legalization?
The applicant must have occupied the agricultural land of the public domain for at least 20 years prior to filing.
p.16
Types of Property: Public Dominion, Patrimonial, and Private Ownership
What are the distinctions between real and personal property according to Manresa and Paras?
1) Portability: Immovable cannot be moved; Movable can be moved. 2) Adherence to soil: Immovable adheres to soil; Movable can be removed without breaking. 3) Enumeration and exclusion: Immovable is enumerated in 415; Movable is excluded from 415.
p.6
Modes of Acquiring Ownership
What is the maximum period for agreements related to the exploration, development, and utilization of natural resources, and is there an option for renewal?
The agreements should not exceed a period of 25 years, with an option to renew for a period not exceeding 25 years.
p.7
Classification and Alienation of Public Lands
What is the owner of private land entitled to when it is converted to mineral land by the State?
The owner is entitled to compensation under the Mining Law or in appropriate expropriation proceedings.
p.7
Classification and Alienation of Public Lands
What are the four classifications of lands of the public domain?
Agricultural, forest or timber, mineral lands, and national parks.
p.13
Acquisition of Patrimonial Properties through Prescription
How is a possessor in good faith defined under Art. 526?
A possessor in good faith is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.
p.6
Modes of Acquiring Ownership
Who can the State enter into agreements with for the exploration, development, and utilization of natural resources?
Filipino citizens or corporations/associations whose capital is 60%-owned by Filipinos.
p.9
Legal Framework for Confirmation of Imperfect Titles
How long does the CENRO or PENRO have to process an application for an agricultural free patent?
One hundred and twenty (120) days from filing.
p.7
Classification and Alienation of Public Lands
What is the maximum area that Filipino citizens may lease on alienable lands of the public domain?
Not exceeding 500 hectares.
p.6
Modes of Acquiring Ownership
What are the three types of agreements the State may enter into for the exploration, development, and utilization of natural resources?
Co-production, joint-venture, and production-sharing.
p.13
Acquisition of Patrimonial Properties through Prescription
What type of possession can serve as a title for acquiring dominion under Art. 540?
Only possession acquired and enjoyed in the concept of an owner.
p.9
Legal Framework for Confirmation of Imperfect Titles
What are the requisites for applying for a free patent?
1. Applicant must be a natural-born citizen of the Philippines, 2. Applicant must not own more than 12 hectares of land, 3. Applicant or his/her predecessors-in-interest must have continuously occupied and cultivated the land for at least 20 years prior to filing, 4. Payment of real estate taxes on the land.
p.7
Regalian Doctrine and Public Domain Lands
What is the Regalian Doctrine (Jura Regalia)?
It states that all lands of the public domain belong to the State.
p.7
Classification and Alienation of Public Lands
What factors must Congress consider when determining the size of lands of the public domain that may be acquired, developed, held, or leased?
Conservation, ecology, development, and agrarian reform.
p.7
Regalian Doctrine and Public Domain Lands
What is the presumption about lands not clearly under private ownership?
They are presumed to belong to the State.
