PUBLIC LAND ACT (COMMONWEALTH ACT NO.

141)

HISTORICAL BACKGROUND
ACT NO. 926 the first Public Land Act,
Prescribed rules and regulation of the homesteading,
selling and leasing of portions of the public domain,
and prescribed the terms and conditions to enable
persons to perfect their titles to public lands in the
islands
Also provided for the issuance of patents to certain
native settlers
upon public lands
for the
establishment of town sites and sale of lots therein,
for the completion of imperfect titles and for the
cancellation or confirmation of Spanish concessions
and grants in the islands

ACT NO. 2874 - The second Public Land Act was

more comprehensive in scope but limited the
exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which gave
Filipinos same privileges.

PUBLIC LAND ACT (COMMONWEALTH ACT

141)
Enacted on November 7, 1936
Grants of public lands are brought under
operation of the Torrens system of registration.
Its provisions govern the classification
disposition of lands of the public domain other
timber and mineral lands.

NO.

Public Lands refers to such lands of the public

domain as are subject to alienation and disposal of
the State in accordance with the Public Land Act.

REGALIAN DOCTRINE (Section 2, Article XII)

All lands and other natural resources are owned by

the State.
All lands not appearing to be clearly of private
dominion presumptively belong to the State.
Public lands not shown to have been reclassified or
released as alienable agricultural land or alienated to
a private person by the State remain part of the
inalienable public domain.
It reserves to the State all natural wealth that may be
found in the bowels of the earth even if the land
where the discovery is made private.

ALIENATION OF NATURAL RESOURCES

General Rule:
All natural resources
CANNOT be alienated
Exception: Agricultural lands

EXPLORATION,
DEVELOPMENT
UTILIZATION OF NATURAL RESOURCES

Shall be under the full control and supervision of the

State
The state may DIRECTLY UNDERTAKE such activities
or the state may enter into CO-PRODUCTION, JOINT
VENTURE OR PRODUCTION-SHARING arrangements.

POLICY CONSIDERATIONS
STATE
Shall ensure, for the benefit of the Filipino people, the
full exploration and development as well as the
judicious
disposition,
utilization,
management,
renewal and conservation of the countrys forest,
mineral, land, waters and other natural resources,
consistent with the objective of making the
exploration, development and utilization of such
natural resources equitably accessible to the
different segments of the present as well as future
generations.

Shall be primarily responsible for the implementation

of the foregoing policy.
Shall be incharge of carrying out the States
constitutional mandate to control and supervise the

DISTINCTION
DOMINIUM.

BETWEEN

IMPERIUM

AND

AND

Imperium - Government authority possessed by the

State which is appropriately embraced in sovereignty.
Dominium - The capacity of the State to own and
acquire property.
- It refers to lands held by the government in a
proprietary
character:
can
provide
for
the
exploitation and use of lands and other natural
resources.

Shall recognize and apply a true value system that

takes into account social and environmental cost
implications relative to the utilization, development
and conservation of our natural resources

Public Land Act

PUBLIC LANDS: ALIENABLE AND DISPOSABLE

LANDS IN GENERAL

and
that

DEPARTMENT OF ENVIRONMENT AND NATURAL

REOURCES (DENR)
-

the

Note: Public land patents when duly registered are

veritable Torrens titles, they become private property
which can no longer be subject of subsequent
disposition by the Director of Lands.

exploration, development, utilization, and conversion

of the countrys natural resources.

Note: No public land can be acquired by private

person without any grant, express or implied, from
the government.

THE IPRA AND NATIVE TITLE OVER ANCESTRAL

LANDS AND ANCESTRAL DOMAINS
Indigenous people may obtain the recognition of
ownership over ancestral lands and ancestral

domains by virtue of native title; this is an exception

to the theory of jura regalia.
c.
ANCESTRAL LANDS It refers to lands occupied
by individuals, families and clans who are
members of indigenous cultural communities
including residential lots, rice terraces or paddies,
private forest, swidden farms and tree lots.
These lands required to have been occupied,
possessed and utilized by them or through their
ancestors since time immemorial, continousluy
to present.
ANCESTRAL DOMAIN areas generally beloning
to indigenous cultural communities, including
ancestral lands, forest, pasture, residential and
agricultural lands, hunting grounds, worship areas,
and lands no longer occupied exclusively by
indigenous cultural communities but to which they
had traditional access, particularly the home ranges
of indigenous cultural communities who are still
nomadic or shifting cultivators.
- Also include inland waters, coastal areas and
natural resources therein.

Note: The decision on the construction of the Public

Land Act are entitled a great respect by the courts.
The decisions of the Director of Lands as to question
of facts are conclusive when approved by the
Secretary (Doctrine of Primary Jurisdiction)
d.
e.

RESERVATION OF LANDS OF THE PUBLIC

DOMAIN ARE VALID ASSERTION OF REGALIAN
RIGHT
Presidential proclamations reserving certain lands of
the public domain for specific purposes have the
character of official assertion of ownership, and the
presumption is that they have been issued by right of
sovereignty and in the exercise of the States
dominical authority. These proclamations are matters
not only judicial notice but are accepted as in the
nature of a valid asservation of Regalian right right
over the property.

ORGANIZATIONAL STRUCTURE - OFFICERS

CHARGED WITH THE ADMINISTRATION OF
PUBLIC LANDS
Secretary of Natural Resources chief executive
officer charged to carry out the provisions of the
Public Land Act
Director
of
Landsunder
the
immediate
supervision of the DENR Secretary
Duties:

a.
b.

Direct executive control over surveys, classifications,

leases, sales and other forms of concession or
disposition and management of public lands;
Preparation and issuance of forms, instructions, rules
and regulations as may be necessary and proper to
carry into effect the provisions of the Public Land Act,
and for the conduct of proceedings arising
thereunder, subject to the approval of the

Public Land Act

He represent the state in a reversion proceedings

and may file an action for the cancellation of patent
and title acquired through fraud
Regulate the occupation or provisional use of public
lands
Note: For administration purposes, land districts
have been established throughout the Philippines,
each district is headed by a local land officer
embracing one province

DOCTRINE OF PRIMARY JURISDICTION - if a case

is such that its determination requires the expertise,
specialized training and knowledge of the proper
administrative bodies, relief must first be obtained in
an administrative proceeding before a remedy is
supplied by the courts even if the matter may well be
within their proper jurisdiction.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

courts must allow administrative agencies to carry
out
their
functions
and
discharge
their
responsibilities within the specialized areas of their
respective competence.

Note: State policy recognition and protection of

the rights of idigenous peoples to preserve abd
develop their cultures, tradtions, and institutions are
the vital concerns of the State. (RA 8371, IPRA)

Secretary( Commonwealth Act No. 141, sections 3,4,

and 5)
Quasi-judicial officer- he makes findings of fact and
even passes upon questions of mixed fact and law,
and considers and decides the qualifications of
applicantsfor the purchase of public lands.

Courts cannot or will not determine a controversy

involving a question which is within the jurisdiction of
the administrative tribunal prior to the resolution of
that question by the administrative tribunal, where
the question demands the exercise of sound
administrative discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters of fact
Exception:
-

Where there is estoppel on the part of the

party invoking the doctrine;
Where the challenged administrative act is
patently illegal, amounting to lack of
jurisdiction
Where there is unreasonable delay or official
inaction that will irretrievably prejudice the
complainant
Where the amount involved is relatively
small so as to make the rule impractical and
oppressive
Where the question involved is purely legal
and will ultimately have to be decided by
the courts of justice
Where judicial intervention is urgent

When its application may cause great and

irreparable damage
Where the controverted acts violate due
process
When the issue of non-exhaustion of
administrative remedies has been rendered
moot
When there is no other plain, speedy and
adequate remedy
When strong public interest is involved; and,
In quo warranto proceedings.

Lands of public domain - either alienable or

inalienable

PREREQUISITE FOR DISPOSITION

Before any public land may be alienated or disposed

of, it is indispensable that there be a formal
declaration
by
the
President
upon
recommendation of the Secretary of DENR to
the effect that such lands are open to
disposition
or
concession,
and
whenever
practicable the lands should have been previously
surveyed.
Alienation or disposition or concession as used
in Public Land Act is meant any of the methods
authorized by the said law for the acquisition, lease,
use or benefit of the lands of the public domain other
than timber or mineral land.

- Classification is descriptive of the legal nature of

the land and NOT what it looks like. Thus, the fact
that forest land is denuded does not mean it is no
longer forest land.

CLASSIFICATION
OF
ALIENABLE
AND
DISPOSABLE LANDS
For the administration and disposition of
alienable and disposable lands, they are classified
under the Public Land Law according to the use and
purposes to which such lands may be destined, as
follows:
Agricultural ( farm land)
Residential, commercial, industrial, or for similar
productive purposes;
Educational, charitable, or other similar purposes;
and
Reservations for town sites and for public and quasipublic uses

1.
2.
3.
4.
a.
b.

The President upon recommendation of the Secretary

of DENR is authorized to make the above
classification as well as to transfer lands from one
class to another from time to time as circumstances
may warrant ( CA No. 141., Sec. 9)
Under the Revised Administrative Code, alienable
lands of the public domain may be ordered reserved
by the President for specific purpose or service

Public Land Act

LANDS

Government Land more extensive and embraces

not only the public land but also other lands of the
government already reserved or devoted to public
use or subject to private right.

Note: Classification of public lands is an exclusive

prerogative of the Executive Department through the
Office of the President, upon recommendation by the
DENR and not to the court.

GOVERNMENT LAND AND PUBLIC

DISTINGUISHED (PL = PD) (GL PL)

Public Land - is equivalent to Public Domain,

includes lands open to private appropriation and
settlement by homestead and other like general
laws.

CLASSIFICATION OF LANDS OF THE PUBLIC

DOMAIN UNDER THE CONSTITUTION
SECTION 3. LANDS OF THE PUBLIC DOMAIN
ARE CLASSIFIED INTO:
Agricultural
Forest/timber
Mineral lands &
National Parks

CLASSIFICATION OR RECLASSIFICATION OF
PUBLIC LANDS AN EXECUTIVE PREROGATIVE
not the courts. (Section 6 of CA No. 141)
Before the government could alienate or dispose
lands of the public domain, the President must first
officially classify these lands as alienable and
disposable, and declare them open to disposition or
concession.

CLASSIFICATION OF LANDS

Lands of private domain - refers to land belonging

to and owned by the State as a private individual,
without being devoted of national wealth
similar to patriomonial properties of the State

Old Constitution: they all form under the category of

agricultural lands, they not being forest nor mineral
lands.
Under Public Land Act term agricultural is used in a
limited sense, and is meant distinctly as a farmland.

Modes of Disposition
For homestead settlement
Sale
Lease
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization ( free patent)
HOMESTEAD SETTLEMENT
Entitled to Patent:
Any citizen of the Philippines over 18 or head of the
family may enter a homestead of not exceeding 12
hectares of agricultural land of public domain.
The applicant must, cultivate or improved at least 1/5
of the land continuously since the approval of the
application.
Must resided for at least 1 year in the municipality or
municipality adjacent in which the land is located.
Payment of required fee

EFFECT
OF
COMPLIANCE
REQUIREMENTS

WITH

LEGAL

When a homesteader has complied with all the terms

and conditions which entitle him to a patent for a
particular tract of public land, he acquires a vested
interest therein, and is to be regarded as the
equitable owner thereof
The execution and delivery of the patent, after the
right to a particular piece of land has become
complete, are the mere ministerial acts of the officer
charged with that duty
Even without the patent, a perfected homestead is a
property right in the fullest sense, unaffected by the
fact that the paramount title to the land is still in the
government
TRANSFER OF RIGHTS
The applicant must prove to the Director of Lands
that he has already complied with all the
requirements of the law and can no longer continue
with this homestead, and there is a bona fide
purchaser for the rights and improvements of the
applicant on the land.
Upon the approval of the Director of Lands, may
transfer his rights to the land and improvements to
any person legally qualified to apply for a
homestead.
Immediately after such transfer, the purchaser shall
file a homestead application to the land.

FOR FILIPINO CITIZENS

-

SALE OF PUBLIC AGRICULTURAL LANDS

Any citizen of lawful age or the head of the family

may purchase any tract of public agricultural land not
to exceed 12 hectares which shall be sold through
sealed bidding

The land shall be awarded to the highest bidder, but

the applicant may equal the highest bid
The purchase price may be paid in full upon the
making of the award or in not more than 10 equal
annual installments from the date of the award
It is required that the purchaser shall have not less
than 1/5 of the land cultivated within 5 years from
the date of the award, and before any patent is
issued, he must show actual occupancy, cultivation
and improvement of at least 1/5 of the land until the
date of final payment
LEASE
Any corporations or associations at least 60% of
capital stock belong wholly to Filipino citizens, may
lease any tract of agricultural public land available
for lease.

Public Land Act

Can lease up to 500 hectares

Can ACQUIRE not more than 12 hectares by
purchase, homestead or grant.
Taking
into
account
the
requirements
of
conservation, ecology and development, and subject
to the requirements of agrarian reform, Congress
shall determine by law the size of the lands of the
public domain which may be acquired, developed,
held or lease and the conditions therefore.
CONFIRMATION OF IMPERFECT OR INCOMPLETE
TITLE - JUDICIAL LEGALIZATION
REQUISITE FOR AVAILMENT:
The applicant must be a Filipino citizen
He must have, by himself or through his
predecessors in interest, possessed and
occupied an alienable and disposable
agricultural portion of public domain.
Such possession and occupation must have
been open, continuous, exclusive, notorious
and in the concept of owner, since June 12,
1945
The application must be filed with the
proper court

Note: Any person who has transferred his right may

not again apply for a new homestead. Every transfer
without the approval of the Director of Lands shall be
null and void and shall result in the cancellation of
the entry and the refusal of patent.

FOR
PRIVATE
CORPORATIONS
OR
ASSOCIATIONS
They can only hold alienable lands of the public
domain BY LEASE
Cannot exceed 25 years, renewable for not more
than 25 years
Lease cannot exceed 1,000 hectares

Period of possession: June 12, 1945

Additional requirement: (Class Discussion)
Witness: At least 10 years old in the year of 1945.
Tax declaration
Note: Limiting the are applied for to 12 hectares,
lands must be occupied by himself or through his
predecessors in interest, possessed and occupied an
alienable and disposable agricultural portion of public
domain. Land must be alienable and disposable at
the time of the application for confirmation is filed.
Land not registrable as when it forms part of the
public forest. ONLY AGRICULTURE LANDS MAY BE
SUBJECT OF ALIENATION.

CONFIRMATION OF IMPERFECT OR INCOMPLETE

TITLE - ADMINISTRATIVE LEGALIZATION ( FREE
PATENT)
Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at least
30 years prior to the effectivity of this amendatory
Act, has continuously occupied and cultivated, either
by himself or through his predecessors-in interest a
tract or tracts of agricultural public lands subject to
disposition, who shall have paid the real estate tax
thereon while the same hasnt been occupied by any

person shall be entitled, under the provisions of this

Chapter, to have a free patent issued to him for such
tract or tracts of such land not to exceed 12
hectares.

The President upon recommendation of the Secretary

of Environment and Natural Resources may execute
contract for sale or lease a portion of public land
when needed by any province, municipality, or other
branch or subdivision of the government, for the
purpose of founding a cemetery, church, college,
school,
university,
or
other
institutions
for
educational, charitable, or philanthropical purposes
or scientific research, the area to be such as may
actually and reasonably be necessary to carry out
such purposes

CLASSIFICATION AND DISPOSITION OF LANDS

FOR
RESIDENTIAL,
COMMERCIAL
OR
INDUSTRIAL PURPOSES - is governed by Chapter 9
of the Public Land Act
Lands are classified as:

Lands reclaimed by the government by dredging,

filling or other means;
Foreshore
Note: The first two shall be disposed of by lease only
Marshy lands or lands covered with water bordering
on the shores or banks of navigable lakes or rivers
Lands not included in any of the foregoing classes
Note: The last two may be sold with the condition
that the purchaser shall make improvements of a
permanent character appropriate for the purpose for
which the land is purchased within 18 months from
the date of the award.

LANDS FOR RESIDENTIAL, COMMERCIAL OR

INDUSTRIAL PURPOSES SHALL BE DISPOSED OF
THROUGH ORAL BIDDING (SECTION 67, CA 141)
EXCEPTION (DIRECT SALE)
Republic Act 730 allows the direct sale of public
lands for residential purposes to qualified applicants
under certain conditions:

Filipino citizen of legal age

Must not be the owner of a home lot in the
municipality or city in which he resides
Have established in good faith his residence on a
parcel of public land which is not needed for public
service
Have constructed his house and actually resided
therein
If the applicant complies with the above, he is given
preference to purchase at a private sale not more
than 1000 sq.m. of land at a price to be fixed by the
Director of Lands.

SALE
OF
LANDS
RESERVATIONS

WITHIN

MILITARY

- Pursuant to Republic Act 274, lands within military

reservations when declared by the President as no
longer needed for military purposes may be
subdivided by the Director of Lands and thereafter
sold to persons qualified to acquire agricultural public
lands under the Public Land Act, with priority given to
bona fide occupants and then to war veterans

- The area shall be determined by the Director of

Lands according to the nature of the land, the
number of prospective applicants, and the purposes
for which it will be utilized.

Public Land Act

LANDS FOR EDUCATIONAL, CHARITABLE, AND

OTHER SIMILAR PURPOSES

- The Secretary of DENR may order the sale to be

made without public auction, at a price fixed by him.

RESERVATIONS
TOWNSITE RESERVATION
- Whenever it shall be considered to be in the public
interest to found a new town. The Secretary of
Environment and Natural Resources shall direct the
Director of Lands to have a survey of the exterior
boundaries of the site on which such town is to be
established, and upon the completion of the survey
he shall send the same to said Secretary, with his
recommendations.
- The Secretary, if he approves the recommendations
of the Director of Lands, shall submit the matter to
the President to the end that the latter may issue a
proclamation reserving the land surveyed, or such
part thereof as he may deem proper, as a town site.

RESERVATIONS OF LAND
SEMI-PUBLIC PURPOSES

FOR

PUBLIC

AND

- Upon the recommendation of the Secretary of

DENR, the President may designate by proclamation
any tract/s of land of the public domain as
reservations for the use of the RP or any of its
branches, or of the inhabitants thereof, in accordance
with the regulations prescribed for this purpose, or
for quasi-public uses or purposes when the public
interest requires it
- A certified copy of this proclamation shall be
forwarded to the Register of Deeds of the province or
city where the land lies
- Upon receipt of such copy, the Director of Lands
shall order the immediate survey of the proposed
reservation if the land has not been yet surveyed,
and as soon as the plat has been completed, he shall
proceed in accordance with the next following section
- The tract/s reserved shall be non-alienable and shall
not be subject to any occupation, entry, sale, lease,

or other disposition until again declared as alienable

and disposable

SPECIAL PATENTS
Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered by a
reservation of lands of the public domain and is
issued upon the promulgation of a special law or act
of Congress or by the DENR Secretary as authorized
by the President.

REGISTRATION OF PATENTS AND ISSUANCE OF

CERTIFICATES OF TITLES

CERTIFICATE OF TITLE ISSUED PURSUANT TO A

PATENT INDEFEASIBLE

TITLE NOT DEFEATED BY ADVERSE, OPEN AND

NOTORIOUS POSSESSION. NEITHER CAN IT BE
DEFEATED BY PRESCRIPTION. A CERTIFICATE
TITLE CANNOT BE COLLATERALLY ATTACKED.

CADASTRAL REGISTRATION PROCEEDINGS

CADASTRAL PROCEEDINGS (PANG MALAWAKAN

TO!)
Upon the initiative of the government
To have titles to all lands in the stated area
adjudicated
Public interest demands that titles to any
unregistered
land
settled
and
adjudicated
The principal aim is to settle as much as possible all
disputes over the land and to remove all clouds over
the land titles as far as practicable, in a community
Nature of a proceeding in rem

FRIAR LANDS

Private lands purchased by the government for sale

to actual occupants under the provisions of Act 1120
or the Friar Lands Act

Registered owners under Torrens System, gives

security over the ownership of the land, it becomes
private property and it is no longer subject to the
disposition of the Director of Lands.
It has in its favor the presumption of regularity
It becomes incontrovertible upon the expiration of 1
year from the date of the order for issuance of the
patent, hence, prescription cannot operate against
the registered owner.

Public Land Act

REVERSION fraud had been committed in

securing such title.
Reversion of land acquired through fraud
The uncontroverted rule is that, the doctrine of
indefeasibility of Torrens Title does not bar the filing
of an action for cancellation of title and reversion of
land even if more than one year has elapsed from the
issuance of the free patent in case of fraud in
obtaining it.

The patent or grant shall not take effecr as a

conveyance or bind the land but shall operate only as
a contract between the government and the grantee.
It is the act of registration that conveys or
affects the lands, and binds third person.

These lands are not public lands but private and

patrimonial lands of the government
The Land Management Bureau shall first issue a
certificate stating therein that the government has
agreed to sell the land to such settler or occupant
The latter shall then accept the certificate and agree
to pay the purchase price so fixed, in installments
and at the rate of interest specified in the certificate
The conveyance or certificate of sale executed in
favor of a buyer is a conveyance of ownership of the
property, subject only to the resolutory condition that
the sale may be cancelled if the price agreed upon is
not paid in full

DIRECTOR
OF
LANDS
HAS
AUTHORITY TO INVESTIGATE
ISSUANCE OF PATENTS

CONTINUING
FRAUDULENT

- It is not only the right but also the duty of the

Director of Lands to conduct the investigation of any
alleged fraud in securing the free patent and the
corresponding title to a public land and to file the
corresponding court action for the reversion of the
same to the State, if the facts disclosed in the course
of such investigation should so warrant.
- The indefeasibility of title over land previously
public is not a bar to an investigation by the Director
of Lands as to how such title has been acquired, if
the purpose of such investigation is to determine
whether or not fraud had been committed in securing
such title in order that that the appropriate action for
reversion may be filed by the government.

GOVERNMENT MAY INITIATE ACTION

CANCELLATION OF TITLE AND REVERSION

Section 101 of Public Land Act provides for a remedy

whereby lands of the public domain fraudulently
awarded to the applicant may be recovered or
reverted back to its original owner, the government
Office of Solicitor General shall represent the
government in all land registration and related
proceedings and institute actions for the reversion to
the government of lands of the public domain and
improvements thereon as well as lands held in
violation of the Constitution
It is improper for the government to file an action for
reversion of land titled to defendant pursuant to a
free patent where the alleged fraud consists in the
fact that said land, at the time of issuance of the free
patent was no longer a part of the public domain,
having been adjudicated as private property of
another person in a previous registration case

FOR

An action for reversion on the ground that defendant

obtained patent through fraud would also fail where
the land had successively been sold by the heirs of
the patentee to third parties who are holding Torrens
titles and enjoying the presumption of good faith

Proper when a private party claims ownership of the

land as private property by virtue of a long period of
possession and hence, no longer deemed a part of
the public domain which could be disposed of under
the provisions of the Public Land Act, or when the
land is already covered by a previously issued
certificate of title.

Private parties cannot challenge the validity of the

patent and title when they are not registered owners
thereof nor had they been declared the owners as
owners in the cadastral proceedings whether the
grant was in conformity with the law or not is a
question which the government may raise, but until it
is raised by the government and set aside, the
defendant cannot question it. The legality of the
grant is a question between the grantee and the
government.

ACTION FOR NULLITY OF LAND

DISTINGUISHED FROM REVERSION

ACTION FOR RECONVEYANCE BRING THE LAND

BACK TO THE OWNER.

Legal and equitable remedy granted to the rightful

owner of the land which has been wrongfully or
erroneously registered in the name of another for the
purpose of compelling the latter to transfer or
reconvey the land to him
After one year from the issuance of the decree, may
bring action for reconveyance of the property
Only to show that the person who secured the
registration of the questioned property is not the real
owner thereof
Seeks to transfer or reconvey the land from the
registered owner to the rightful owner

TITLES
-

The difference between them lies in the allegations

as to the character of the ownership of realty whose
title is sought to be nullified.
Reversion - pertinent allegations in the complaint
would admit State ownership of the disputed land.
The portion affected by the amendment would revert
back to the public domain.
Action for declaration of nullity of free patent
and certificate title the land is beyond the
jurisdiction of the Director of Lands to bestow and
whatever patent or certificate title therefore is
consequently void ab initio. The real party in interest
is not the State but the plaintiff who alleges pre
existing right of ownership over the parcel of land in
question even the grant of title to the defendant.
Note: Beyond the jurisdiction of Director of Lands
because the land is private owned already.

DECREE BECOMES INCONTROVERTIBLE AFTER 1

YEAR FROM THE ISSUANCE OF DECREE
-

PRIVATE PARTY CANNOT BRING ACTION FOR

REVERSION
If there has been any fraud or misrepresentation in
obtaining the title, an action for reversion instituted
by the Solicitor General would be the proper remedy
ACTION FOR REVERSION NOT BARRED BY
PRESCRIPTION, LACHES
Statute of limitations doesnt run against the State

Public Land Act

That the plaintiff is the owner of the land

That the defendant has illegally disposed him of the
same
NOTE: The nullification of defendants land would
not result in the reversion of the land to State but
remains private property, the plaintiff-claimant may
seeks direct reconveyance.

COURTS HAVE JURISDICTION OVER POSSESSORY

ACTIONS INVOLVING PUBLIC LANDS

Even pending the investigation of, and resolution on,

an application by a bona fide occupant, by the
priority of his application and record of his duty, he
acquires a right to the possession of the public land
he applied for against any other public land
applicant, which right may be protected by the
possessory action of forcible entry or by any other
suitable remedy that our rules provide

The grant of power and duty to alienate and dispose

of the land doesnt divest the courts of their duty or
power to take cognizance of actions instituted by
settlers or occupants or applicants against others to
protect their respective possessions and occupations,
more especially the actions of trespass, forcible entry
and unlawful detainer

Note: Reversion does not apply to transferees, who

are innocent purchasers. It only applies to applicant
who committed fraud in securing such title.

Action for reconveyance still available as remedy

Action in personam that it is always as long as the
property has not passed to an innocent purchaser for
value
RELEVANT ALLEGATIONS

WHERE REVERSION IS IMPROPER

In the case of Republic v. Umali, the government
sought for the reversion of parcel of land on the
ground that the original sale thereof from the
government was based on a forgery and therefore
void ab initio. However, the respondents are
transferees, claiming to be innocent purchasers.
Since the respondents are transferees in good faith
and for value and for value and that the original
acquisition thereof, although fraudulent, did not
affect their own titles.

ACTION FOR CANCELLATION OF TITLE

Public Land Act