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I.

1 Distinguish ordinary acquisitive prescription from extraordinary acquisitive prescription

Acquisitive prescription is when one acquires ownership and other real rights through the lapse of time in the
manner and under the conditions laid down by law. It must be enough that the possession should be in the concept
of an owner, public, peaceful, uninterrupted and adverse. Acquisitive prescription of dominion and other real
rights may be ordinary or extraordinary.

An ordinary acquisitive prescription requires possession of things in good faith and with just title for the time
fixed by law which is 10 years. On the other hand, extraordinary acquisitive prescription is the acquisition of
ownership and other real rights without the need of title or of good faith or any other condition and would
prescribe in 30 years.

I.2 What is the limit set by the Constitution with regard to maximum area of transfers of private land
to its citizens?

As provided under Article XII, Section 3 of the 1987 Constitution, citizens of the Philippines may lease not more
than five hundred hectares, or acquire not more than twelve hectares of alienable lands of the public domain by
purchase, homestead, or grant.

I.3 Fill in the blank:

If RA 1942 is 30 years, then eleven (11) years commencing January 1, 1977 is to PD 1073

I.4 Who may apply for registration of land?

According to Section 14 of Presidential Decree 1529 or also known as Property registration Decree, the following
persons may file in the proper Regional Trial Court an application for registration of title to land, whether
personally or through their duly authorized representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive
and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide
claim of ownership since June 12, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or
accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

(5) Where the land is owned in common, all the co-owners shall file the application jointly.

(6) Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original
registration of the land, provided, however, that should the period for redemption expire during the pendency of
the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the proceedings.

(7) A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless
prohibited by the instrument creating the trust.
I.5 What is a “consulta”?

A consulta is a remedy available when the Register of Deeds is in doubt with regard to the proper step to be taken
or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for
registration, or where any party in interest does not agree with the action taken by the Register of Deeds with
reference to any such instrument, the question shall be submitted to the Commissioner of Land Registration by the
Register of Deeds, or by the party in interest thru the Register of Deeds.

The resolution or ruling of the Commissioner in consultas shall be conclusive and binding upon all Registers of
Deeds, provided, that the party in interest who disagrees with the final resolution, ruling or order of the
Commissioner relative to consultas may appeal to the Court of Appeals.

I.6 Distinguish patrimonial property from public domain

Public dominion is properties owned by the State or its political subdivisions in its public or sovereign capacity
and intended for public use and not for the use of the State as a juridical person. Conversely, Patrimonial property
is the property of the State owned by it in its private or proprietary capacity, including those properties not
intended for public use, or for some public service, or for the development of the national wealth.

I.7 What are the classifications of lands according to the Constitution?

As provided under Article XII, Section 3 of the 1987 Constitution, lands of the public domain are classified into
agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be
further classified by law according to the uses which they may be devoted.

I.8 How may the rights of Indigenous Cultural Communities or Indigenous Peoples be acquired?

When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute. The NCIP,
through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs;
Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all
remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of
Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which
certification shall be a condition precedent to the filing of a petition with the NCIP.

I.9 What is the Regalian Doctrine?

The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the source
of any asserted right to ownership of land and charged with the conservation of such patrimony. All lands not
otherwise appearing to be clearly within private ownership are presumed to belong to the State. Thus, all lands
that have not been acquired from the government, either by purchase or by grant, belong to the State as part of the
inalienable public domain.

I.10 Enumerate the classifications of non-registrable properties?

ESSAY
(10 points)

II.1
Mr. T filed a Complaint for Declaration of Nullity of Deed of Sale, Cancellation of TCT 214 and all Subsequent
Documents and Damages against H.Hogan and the Register of Deeds of Hogansalley. The Complaint alleges that
Mr.T owns the land subject of TCT 214 and not H.Hogan. Mr. T further claims that the deed of sale from which
H.Hogan claims his ownership was a forgery and thus prays for the nullification of the same Deed of Sale, the
cancellation of the title issued. He further points to the fact that it was only registered two years after the alleged
sale.

Hogan for his part denies the allegations and claims that he had lived off of the subject land for 27 years prior to
the sale of the land. He further adds that he was even an occupant of the land during the two years it took to
register the same. He claims that the delay was due to red tape over which he had no control. He thus seeks
dismissal of the complaint because he had been in open, continuous, and peaceful possession of the land in
question “since time immemorial”.

Decide.

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