Yes, road lots in a private subdivision are private property.
Submerged areas are 'waters owned by the State,' forming part of the public domain and consequently inalienable until reclaimed from the sea.
Real properties may be considered personal properties for implementing special laws under the principle of estoppel and pursuant to an express provision under 426 (2).
The government must officially classify these lands as alienable or disposable lands open to disposition and declare them no longer needed for public service.
The applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, or proclamation.
Possession must be open, continuous, exclusive, and notorious, and must not be a mere fiction.
No, acts merely tolerated, executed clandestinely, or by violence do not affect possession.
The applicant must not own more than 12 hectares of land and must have had OCENPO of A&D lands of the public domain for at least 20 years under a bona fide claim of ownership.
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.
No, possession cannot be acquired through force or intimidation as long as there is a possessor who objects.
The term 'Muebles' is used synonymously with 'furniture.'
Electricity is intangible but susceptible of being severed from a mass or larger quantity and transported from place to place.
OCEN stands for Open, Continuous, Exclusive, and Notorious.
Continuous occupation and cultivation either by the applicant or through their predecessors-in-interest for a certain length of time.
Properties that cannot be the object of prescription include things within the commerce of men but otherwise provided, and public dominion of the State or any of its subdivisions.
In judicially decreed titles, the applicant holds an imperfect title after occupying the land for at least 20 years. In free patents, the applicant acknowledges the land is still part of the public domain.
Assuming the machineries seem bolted in nature, nothing prevents the parties from treating them as chattel under the principle of estoppel.
1) Portability: Immovable cannot be moved; Movable can be moved. 2) Adherence to soil: Immovable adheres to soil; Movable does not. 3) Enumeration and exclusion: Immovable is enumerated in 415; Movable is excluded from 415.
Ownership is acquired by occupation, intellectual creation, law, donation, testate and intestate succession, certain contracts by tradition, and prescription.
Just title exists when the adverse claimant came into possession through a mode recognized by law for acquiring ownership, but the grantor was not the owner or could not transmit any right. Just title must be proved and is never presumed.
Before the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR), or the Provincial Environment and Natural Resources Office (PENRO) if there is no CENRO.
Because they are considered tangible property that can be taken, unlike services.
Estoppel.
That the LC Map forms part of the records of NAMRIA and is used by the DENR as a land classification map.
No, pursuant to Section 14(1) as amended by Sec 7 RA 11573, no further express government manifestation is required.
Prescription already running before the effectivity of the Code shall be governed by previous laws, but if the entire period required for prescription elapses under the present Code, the present Code shall apply even if the former laws required a longer period.
The right to claim damages arises.
The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance.
Examples include hunting, fishing, hidden treasure, and abandoned movables ('res nullius').
Examples include book copyrights, patented inventions, trademarks, and letters.
It established that railroads and terminals of the LRT, being devoted to public use, are properties of public dominion and thus owned by the State.
No, acts of possessory character executed by license or mere tolerance by the owner shall not be available for the purposes of possession.
They are intangible and not susceptible of possession, occupation, or appropriation.
Common law states that neither time nor services may be taken, occupied, or appropriated.
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.
The essence of theft is the taking of personal property from the possession of the owner without his privity and consent and without animus revertendi.
Ownership consolidates in the vendee a retro, who may then continue the registration proceedings.
Good faith consists in the reasonable belief that the person from whom the possessor received the thing was the owner and could transmit ownership.
Sections 12-21 of CA 141 (1936).
Property is either of public dominion or of private ownership.
The classifications of lands under CA No. 141 are alienable or disposable, timber, and mineral lands.
It is subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under the Constitution.
Open, continuous, exclusive, and notorious possession and occupation of alienable and disposable agricultural lands for at least 20 years under a bona fide claim of ownership.
Those in open, continuous, exclusive, and notorious possession of alienable and disposable lands for at least 20 years, those with ownership by right of accession or accretion, and those who acquired ownership in any other manner provided by law.
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.
Beneficial use.
The State shall protect the nation’s marine wealth and reserve its use and enjoyment exclusively to Filipino citizens.
GR: Property of the State or its subdivisions shall not be the object of prescription. EXC: Patrimonial properties of the State.
Those intended for public use, such as roads, canals, rivers, ports, and bridges, and those intended for public service or the development of national wealth.
A real right (jus in re) is the power to obtain certain financial or economic advantages over a specific thing, enforceable against the whole world. A personal right (jus in personam) is the power to demand from another the fulfillment of a prestation to give, to do, or not to do.
Because a service cannot be taken, occupied, or appropriated, and thus theft of service does not constitute theft.
Machinery becomes immobilized when placed in a plant by the owner of the property or plant, but not when placed by a tenant, usufructuary, or any person with only a temporary right.
The DENR geodetic engineer.
GR: All things within the commerce of men are susceptible of prescription. EXC: Unless otherwise provided.
A donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.
It is presumed that possession continues to be enjoyed in the same character in which it was acquired until the contrary is proved.
Property belonging to the State at the time of the inauguration of the Government established under the Constitution.
Only when actually reclaimed from the sea.
12 hectares.
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.
Prescription is the acquisition or loss of rights by the lapse of time.
Examples include Civil Code provisions on accession, fruits naturally falling on adjacent land, and the exercise of eminent domain of the state.
The agreements should not exceed a period of 25 years, with an option to renew for a period not exceeding 25 years.
The local government should acquire them by donation, purchase, or expropriation.
The term 'furniture' includes bookcases but not books.
The President, upon recommendation by the Secretary of Agriculture and Commerce.
Possession must be under a claim of title or ownership, or it must be adverse, to constitute the foundation of a prescriptive right.
No, ordinary prescription does not run against titled property.
1. For homestead settlement, 2. By sale, 3. By lease, 4. By confirmation of imperfect or incomplete titles (judicial and administrative legalization).
1,000 sqm for urban land and 1 hectare for rural land, including if married.
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.
Prior to 1919, courts decided upon the classification of lands in the absence of a law allowing the chief executive to do so.
Agricultural lands of the public domain.
Filipino citizens or corporations/associations whose capital is 60%-owned by Filipinos.
Any person claiming ownership must show title from the state according to recognized modes of acquisition of title.
Property of private ownership includes all property belonging to private persons, either individually or collectively, and the patrimonial property of the State, provinces, cities, and municipalities.
The release date of the LC Map and the Project Number.
Actual possession consists of the manifestation of acts of dominion over the land as a party would naturally exercise over their own property.
PD 1529.
Congress may allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
Good faith is presumed, and a possessor is in good faith if unaware of any flaw in the title or mode of acquisition. Good faith is lost when the possessor becomes aware of possessing the thing improperly or wrongfully.
Only possession acquired and enjoyed in the concept of an owner can serve as a title for acquiring dominion.
General Rule: Prescription shall be governed by the law in force at the time it started. Exception: If the present Code provides a shorter period, it shall be applicable.
Good faith is always presumed, and the burden of proof rests on the one alleging bad faith.
Public dominion property of the State or any of its subdivisions.
It is divided into property for public use and patrimonial property.
High schools, the capitol site, hospital, leprosarium sites, and school sites were considered patrimonial property because they are not for public use and do not qualify as public works for public service.
All properties not belonging to the State or its subdivisions can be owned privately.
They are capable of appropriation by another other than the owner.
The building was considered real property, even though it was dealt with separately from the land.
Philippine citizens occupying or claiming lands of the public domain, with perfected or completed titles, for land not exceeding 12 hectares.
Possession is broader than occupation because it includes constructive possession, while occupation delimits the all-encompassing effect of constructive possession.
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.
Possession must be in the concept of an owner, public, peaceful, and uninterrupted.
Yes, former Filipino citizens can be transferees of private lands, subject to limitations provided by law.
Occupation, Law, Donation, Tradition (in certain contracts), Intellectual creation, Prescription, Succession (by estate or intestate).
Within 120 days from filing, including compliance with required notices and other legal requirements.
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.
Prescription is when 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.
They must invoke the aid of the competent court if the holder refuses to deliver the thing.
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.
PLDT merely transmits the electronic voice signals through its facilities and equipment.
Open, Continuous, Exclusive, and Notorious Possession and Occupation.
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.
Yes, unless prohibited by the instrument creating the trust.
It is converted to private property by the mere lapse or completion of the statutory period.
Any natural-born citizen of the Philippines who is not the owner of more than 12 hectares of land and has continuously occupied and cultivated the land for at least 20 years prior to filing.
Possession acquired in good faith loses its character when facts exist that show the possessor is aware of possessing the thing improperly or wrongfully.
All other property of the State that is not of the character stated in Article 420.
Provincial roads, city streets, municipal streets, squares, fountains, public waters, promenades, and public works for public service.
All natural resources may not be alienated.
Alex acquires ownership of the land only after delivery.
Judicial legalization and administrative legalization (free patent).
All things within the commerce of men and patrimonial property of the State are susceptible to prescription.
Proof of OCENPO of A&D lands of the public domain under a BFCO for at least 20 years immediately preceding the filing of the application for confirmation.
Minors and other incapacitated persons with legal representatives, absentees with administrators, persons living abroad with managers or administrators, and juridical persons except the State and its subdivisions.
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 their predecessors-in-interest must have continuously occupied and cultivated the land, 4. Continuous occupation and cultivation must be for at least 20 years prior to filing, 5. Payment of real estate taxes on the land.
The State may convert the land into mineral land and discontinue its current use to extract the minerals.
Agricultural, forest or timber, mineral lands, and national parks.
1,000 hectares.
Prescription runs against minors and incapacitated persons with legal representatives, absentees with administrators, persons living abroad with managers or administrators, and juridical persons except the State and its subdivisions.
The two types of prescription are acquisitive (acquisition of a right by the lapse of time) and extinctive (rights and actions are lost by the lapse of time).
December 31, 1987.
All things within the commerce of men and patrimonial property of the state.
The State.
Co-production, joint-venture, and production-sharing.
Inform Congress within 30 days.
No, the minerals belong to the State, and permission from the State is required to extract or utilize them.
Unclassified lands are considered forest lands and belong to the State; they are not alienable and disposable land of public domain and are not subject to private ownership.
RA 11573 applies retroactively to all applications for judicial confirmation of title pending as of September 1, 2021.
State property can be the object of prescription if it is converted into patrimonial property.
A certification issued by the DENR geodetic engineer stating that the land has been classified as alienable and disposable land of the public domain.
Testate succession involves inheritance through a will, while intestate succession occurs when a person dies without a will, and the estate is distributed according to law.
All lands of the public domain belong to the State, and all lands not clearly under private ownership are presumed to belong to the State.
The President, upon the recommendation of the Secretary of Agriculture and Commerce, has the power to classify lands of the public domain.
It becomes part of the patrimonial property of the State.
The parties may seek the proper administrative and judicial remedies.
12 hectares by purchase, homestead, or grant.
The Ankron case established that courts have the right to presume lands are agricultural until proven otherwise, and the classification of land as forestry or mineral must be a matter of proof.
Prior to delivery (tradition) of the land, Alex has only a personal right against Bea, namely, the right to demand the delivery.
The President must notify Congress within thirty days from its execution.
Mode is the process of acquiring or transferring ownership, while title provides the juridical justification for a mode, serving as the cause of the acquisition of ownership.
They may lease not more than 500 hectares or acquire not more than 12 hectares by purchase, homestead, or grant.
500 hectares.
It must be according to the general terms and conditions provided by law, based on real contributions to economic growth and general welfare.
The owner is entitled to compensation under the Mining Law or in appropriate expropriation proceedings.
The development and use of local scientific and technical resources.
Imperium refers to government authority (sovereignty), while dominium refers to the capacity of the State to own or acquire property.
They shall be limited to agricultural lands.
They may lease for a period not exceeding 25 years, renewable for not more than 25 years, and not to exceed 1,000 hectares in area.
Only agricultural lands of the public domain may be alienated.
By law according to the uses to which they may be devoted.
The Congress, by law, taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform.
25 years, renewable for another 25 years.
The 25-year limit is not applicable to water rights for irrigation, water supply, fisheries, and industrial uses other than the development of power.
The President must enter the agreement, it must involve technical or financial assistance, and it must be limited to minerals, petroleum, and other mineral oils, complying with general terms and conditions provided by law.
Agricultural, forest or timber, mineral lands, and national parks.
Small-scale utilization by Filipino citizens and cooperative fish farming with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
