LAND TITLES

Atty. Vivencio F. Abao

A. ACCRETION OR ALLUVIAL DEPOSIT

1. Accretion in the sea, bay or lake The alluvial deposit, whether naturally or artificially caused, is owned by
the State and not registrable privately.
2. Accretion along river
a) If man-made or artificially caused, property of public domain.
b) If caused gradually by the current of the water and attaches to an
adjacent land, ownership belongs to the riparian owner.
c) Not so, if caused by flood.
3. Registration of title
a) Not automatically covered by riparian owners Torrens title.
b) Riparian owner must file application for registration, otherwise he
loses ownership by extinctive prescription to another.

A. ACCRETION OR ALLUVIAL DEPOSIT

4. Essay question:
Susana owned a registered land adjoining a
river. Soil was gradually deposited adjacent to her
land, which by 1980 totaled 5,000 square meters. Jose
immediately occupied and developed the accretion,
and possessed it in the concept of owner, openly,
notoriously, exclusively and continuously up to the
present. Claiming now that the 5,000 square meters
deposit belong to her as riparian owner,
Susana applies for registration of title. Jose opposed.
Who should be adjudged owner by the court?
What if the alluvial deposit was caused by a
flood or avulsion?

B. POSSESSION SINCE JUNE 12, 1945

1. Requirements for registration:
a) Land declared alienable and disposable,
and classified as such at
time of application for registration.
b) Applicant and his predecessor-in-interest had
possessed and occupied openly, exclusively,
continuously and notoriously the land in the
concept of owner for more than 30 years and since
June 12, 1945.
c) Applicant is Filipino citizen.

B. POSSESSION SINCE JUNE 12, 1945

2. Essay question:
For more than 30 years since 1942, Jose and
his predecessors-in-interest occupied in open,
exclusive, continuous and notorious possession
and in the concept of owner a 10 hectares portion
of a larger 50 hectares alienable public land
which was declared a forest zone in 1975. Can he
still apply now for the registration of title over the
10 hectares?
What if the 50 hectares was declared and
classified as forest zone earlier in 1950?

B. POSSESSION SINCE JUNE 12, 1945

3. Essay question:
A private corporation has possessed openly,
exclusively, continuously and notoriously an alienable
and disposable land under a bona fide claim for 35
years since earlier than June 12, 1945.
May it be a
proper applicant for registration?
A private corporation purchased a land from a
Filipino individual who had been in open, exclusive,
continuous and notorious possession of an alienable
and disposable land for 30 years and since time
immemorial and under a bona fide claim of ownership.
May it be a proper applicant for registration?

C. ADMINISTRATIVE REGISTRATION: PATENTS

1. Kinds of patents
(a)
The most common are free patents and homestead
patents granted over disposable and alienable agricultural lands.
(b) Presently, there is free patent over residential lands.
2. Prohibition against sale or conveyance
(a) The patentee cannot sell the land within the prohibitive
period except to the State.
(b) Land covered by free patent may be disposed of after five
(5) years
from grant thereof.
(c) Land covered by homestead patent may be disposed
after (5) years from grant thereof, but with approval of DENR Secretary
before twenty (25) years.

C. ADMINISTRATIVE REGISTRATION: PATENTS

3. Right of repurchase
(a)
The original patentee, or if dead, his wife and
children may exercise the right of repurchase at anytime within
five (5) years from the sale.
4. Essay question:
The patentee/grantee was in dire financial need and
sold the land within the prohibitive period to his friend who
wanted only to help him. The former died shortly after, and his
family executed a confirmatory sale in favour of the find before
the end of the prohibitive period. The legal effects are: (a) the
sale by the patentee has not been ratified by the confirmatory
sale and is still null and void; (b) the family is not affected by
pari delicto and can still exercise the right of repurchase by
tendering the payment to the purchaser; and (c) if the family
does not exercise their right of repurchase, the State may file
action of reversion of the land to itself.

C. ADMINISTRATIVE REGISTRATION: PATENTS

5. Free patent to residential lands
(a) Pertains to public alienable and disposable land
zoned as residential by LGU and not needed for public use or
public service.
(b)
Filipino citizens with continuous possession and
occupation under bona fide claim of ownership for at least ten
(10) years.
(c) Person with dual citizenship or residing abroad (OFW)
is qualified and considered an actual occupant.
(d) Application filed with CENRO to be approved by PENRO.
(e)
No prohibition period
against alienation or
encumbrance.

D. RECONSTITION OF LOST TITLE

1. New procedural rules in Manila
(a) One petition for one lost title.
Manila.

(b)

No direct filing of petition for reconstitution with RTC-OCC

(c) Serve a copy of petition with Registry of Deeds concerned.

(d) Submit petition to the Office of the Clerk of Court located
at the LRA, where it is reviewed by an examiner for any deficiency or
noncompliant allegations.
(e) Bring original or certified copies of updated tax declaration
and real
estate payments to be attached to petition.
(f) If source for reconstitution is the Owners Duplicate of the title,
bring the original copy thereof for comparison with photocopy
attached to the petition.

D. RECONSTITION OF LOST TITLE

1. New procedural rules in Manila
(a) One petition for one lost title.
Manila.

(b)

No direct filing of petition for reconstitution with RTC-OCC

(c) Serve a copy of petition with Registry of Deeds concerned.

(d) Submit petition to the Office of the Clerk of Court located
at the LRA, where it is reviewed by an examiner for any deficiency or
noncompliant allegations.
(e) Bring original or certified copies of updated tax declaration
and real
estate payments to be attached to petition.
(f) If source for reconstitution is the Owners Duplicate of the title,
bring the original copy thereof for comparison with photocopy
attached to the petition.

E. REMEDIES IN LAND REGISTRATION

Jose and his predecessor-in-interest had possessed

and occupied openly, exclusively, continuously
and notoriously an alienable and disposable land
in the concept of owner for more than 30 years
and since June 12, 1945. He and his family continue
to reside thereat but he never applied for the
registration thereof. Pedro, who had never been in
that land, was able to secure recently a free
patent over it and caused the same to be
recorded with the Registry of Deeds. Jose learned
of the registration of the patent but only after ten
(10) years. What legal remedy, if any, is available
to Jose?