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A.

Classification of Lands
1. According to the Constitution
i. Lands of the Public domain
1. Agricultural: may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands.
2. forest or timber (Applicable law: Revised Forestry code of 19!"
#. mineral lands (Applicable law: $hilippine %ining Act of 199!"
&. national par's. ((ational )ntegrated $rotection Areas Act of 1992"
ii. Private lands
1. *hose who can own private lands: At least +,- of the capital of which is owned by Filipino .iti/ens (0ec. 1 Art. 2))1 193
.onstitution".
2. Restricted as to e4tent reasonably necessary to enable it to carry out purpose for which it was created
#. )f engaged in agriculture1 it is restricted to 11,2& hectares
&. Filipino citi/ens are entitled to ac5uire and own lands or real estate in the $hilippines1 whether private or public. *his right is
enshrined and guaranteed to citi/ens of the $hilippines in the $hilippine .onstitution and other pertinent $hilippine laws. (Article
2))1 (ational 6conomy and $atrimony".
!. *hese also include those lands of the public domain which have been ac5uired from the government by purchase or grant by
5ualified Filipino individuals as well as those which have been in the possession of the occupant and his predecessors7in7interest
since time immemorial.
+. $rivate lands may be in the nature of
residential (lot1 house 8 lot1 condominium units1 townhouses etc"1
commercial (lots1 office buildings1 commercial spaces etc."
industrial (warehouses1 factories1 plants1 etc" and
agricultural lands (ricelands1 farm lands or estates1 forest farms1 etc."
iii. Patrimonial property of the state
1. 9ease (cannot own land of the public domain" for 2! years renewable for another 2! years
2. 9imited to 11,,, hectares
#. Applies to both Filipinos and foreign corporations
2. Public Land Act
i. Disposable lands
1. 9ands reclaimed by the :overnment by dredging1 filling1 or other means;
2. Foreshore;
#. %arshy lands or lands covered with water bordering upon the shores or ban's of navigable la'es or rivers;
&. 9ands not included in any of the foregoing classes.
ii. lands of the public domain
1. alienable or disposable lands 7 sub7classify ed according to the use or purposes to which such lands are destined as follows:
Agricultural;
Residential1 commercial1 industrial1 or for similar productive purposes;
6ducational1 charitable1 or other similar purposes;
Reservations for town sites and for public and 5uasipublic uses
(<isposable 9ands"
2. timber lands
3. mineral land
)f patent or title is issued = void ab initio for lac' of >urisdiction
(ot sub>ect to ac5uisitive prescription; even if in possession for long time1 will not ripen into ownership
Except: mineral lands and forest lands ac5uired before inauguration of .ommonwealth in (ovember 1!1 19#!; vested rights which
are protected

B. odes of Ac!uiring "itle
a. #e!uirement for prescription
a. $rescription1 in general1 is a mode of ac5uiring (or losing" ownership and real rights through lapse of time in the manner and under
conditions laid down by law1 namely1 that the possession be in the concept of an owner1 public1 peaceful1 uninterrupted1 and adverse
for a certain period of time may be converted into ownership of the land. Ac5uisitive prescription is either voluntary or
e4traordinary. All things which are within the commerce of men are susceptible of prescription1 unless otherwise provided.
?owever1 property of the 0tate or any of its subdivisions not patrimonial in character shall not be the ob>ect of prescription.
$rdinary Prescription
For ordinary prescription1 the following re5uisites must concur:
1. .apacity to ac5uire by prescription;
2. the ob>ect must be susceptible of prescription
#. *he possession must be in concept of owner1 public1 peaceful1 continuous and uninterrupted
&. *he possession must be in good faith
!. *he possession must be by virtue of a >ust title;
+. he period of possession must be & years if the ob>ect is movable or ten years if it is immovable.
%&traordinary ac!uisitive prescription
)n e4traordinary ac5uisitive prescription1 the following must concur:
1. .apacity to ac5uire by prescription
2. *he ob>ect must be susceptible of prescription
#. *he possession must be in the concept of owner1 public1 peaceful1 continuous1 and uninterrupted; and
&. *he period of possession must be 3 years if the ob>ect is movable or #, years if it is immovable.
b. Administrative methods
a.'omestead
i. A 'omestead application should be filed at the <epartment of 6nergy and (atural Resources 7.ommunity
6nvironment and (atural Resources @ffice where the land being applied for is located.
ii. *hose who are 5ualified to apply for the patent should be :
a Filipino citi/en and of legal age (13"1 most preferably the head of a family.
)n addition1 the applicant should not own more than 12 hectares of land or has not had the benefit of any gratuitous allotment of
more than 12 hectares pursuant to the 193 constitution.
must have resided continuously for at least 1 year in the municipality where the land is situated
must have cultivated at least 1A! of the land applied for
iii. Legal #e!uirements
Application fee of $!,.,,;
6ntry fee of $!.,,;
Final fee of $!.,,;
Approved plan and technical description of the land applied for;
Actual occupation and residence by the applicant
iv. (teps before a person is issue a homested application
Bpon the filing of application1 the government will conduct a preliminary investigation verifying the authenticity of the statements
of the applicants. )f the government1 finds no fault then the application shall be approved. *he applicant should then file for final
proofs which consists of two parts
(1" notice of intention to ma'e final proof which is posted for #, days and
(2" testimony of the applicant corroborated by two witnesses mentioned in the notice.
*he final proof in filed not earlier than one year after the approval of the application but within ! years from the indicated date.
After the submission of these papers1 the government will conduct a confirmatory final investigation and then they will release an
order of issuance of patent. *he applicant will then wait for the preparation of patent using Cudicial Form (o. + and +7< and the
technical description duly inscribed at the bac' thereof. 9astly1 is the transmittal of the ?omestead patent to the Register of <eeds
concerned.
v. Aim of ?omestead
Denevolent intention of government to distribute disposable agricultural land to destitute citi/ens for their home and cultivation
As a matter of public policy1 may be repurchased even if after ! years provided not for profit
Right of repurchase not allowed if sold within family 8 not for cultivating or living but for speculation purpose
vi. 'omestead #estrictions
.annot be alienated within ! years after approval of application for patents
.annot be liable for satisfaction of debt within ! years after approval of patent application
0ub>ect to repurchase of heirs within ! years after alienation when allowed already
(o private corporation1 partnership may lease land unless it is solely for commercial1 industrial1 educational1 religious or charitable
purpose1 or right of way (sub>ect to consent of grantee and approval of 0 of 6nvironment 8 (atural Resources"
64ceptions:
i. Action for partition because it is not a conveyance
ii. Alienations or encumbrances made in favor of the government
b. (ale Patent
i. "o )hom granted: .iti/ens of the $hilippines of lawful age or head of the family may purchase public agricultural
land of not more than 12 hectares (
#e!uirements
a. to have at least 1A! of the land bro'en and cultivated within ! years from the date of the award (public auction"
b. shall have established actual occupancy1 cultivation1 and improvement of at least 1A! of the land until the date of such final payment
for agricultural 9ands suitable for residential1 commercial or industrial purposes1 patent is issued only after:
i. full payment of purchase price1 and
ii. completion of the construction of permanent improvements appropriate for purpose for which the land is
purchased (must be completed within 13 months from date of award"
ii. ")o )hom granted* *o any citi/en of legal age for residential purposes (0ales patent without bidding"
#e!uirements
a. does not own a home lot in the municipality in which he resides
b. in good faith1 established his residence on a parcel of land of public domain not needed for public service
c. limitations: not more than 1,,, s5. m.
d. #esidence re!uirement: occupant must have constructed his house on the land and actually resided therein (actual occupancy"
e. no public auction re5uired not sub>ect to any restriction against encumbrance or alienation
f. age re!uirement: @ver the age of 13 years (19 and above"
g. land o)nership re!uirements: %ust be the owner of the lot
h. Cultivation #e!uirements* residential land
c. +ree Patent
i. .iti/enship Re5uirement : Any natural7born citi/en of the $hilippines
ii. 9and @wnership Re5uirement: <oes not own more than 12hectares
iii. #e!uirement: At least for #,years prior to the effectivity of the amendatory Act1 has continuously occupied and
cultivated1 either by himself or his predecessors7in7interest tractAs of agricultural public land sub>ect of disposition for at least #,
years prior to %arch 231199,1 who shall have paid the real ta4es thereon while the same has not been occupied by any person Note:
Under the amendatory Act, the period for the filing of applications for free patents ends on Dec.31,2
iv. grant will be limited to 12 hectares only
v. Limitations* <oes not own more than 12hectares of land
c. Carp
a. $rivate agricultural lands covered by .AR$ are ac5uired through any of the following modes:
i. Compulsory Ac!uisition ,CA-.
whereby the land is e4propriated by the 0tate (0ection 1+ of RA ++!"
done through the mandate of the law whether or not the landowner disagrees to part with his property.
follows the schedule of .AR$ implementation based on the area of the landownerEs landholdings. )n contrast F@0 may be done even
for lands not yet scheduled by law to be ac5uired.
lands co!ered by comp"lsory ac#"isition:
1. 64cept in the case of tenanted rice and corn lands under $< 21 which are ac5uired following a different set of rules1 compulsory
ac5uisition (.A" is done for all private agricultural lands which become due for coverage following the phasing of implementation
earlier discussed. ?owever1 .A is suspended in those cases where the landowners opt for other modes of compliance1 e.g.1 voluntary
land transfer or stoc' distribution option. .A is resumed once the negotiations in these other modes fail.
2. .ompulsory ac5uisition is also done in idle and abandoned lands regardless of their si/e and phasing1 and in lands whose
commercial farm deferment is revo'ed.
ii. /oluntary $ffer to (ell ,/$(-.
F@0 is a scheme wherein landowners come forward and voluntarily offer their agricultural lands for coverage regardless of the
phasing. *he <AR encourages this mode because F@0 generally ensures the cooperation of the landowners.
Application for F@0 can be filed either at the .entral @ffice1 or at any field office of <AR. ?owever1 the receiving office should
forward the application to the %AR@ of the municipality where the land is located.
)ncentives given to lando$ners $ho offer their lands "nder %&': *he cash portion of the compensation to the landowner is
increased by five percent (!-"1 while the 9D$ bond portion is correspondingly decreased by five percent. ?owever1 this incentive is
not available to ban's and other financial institutions. )t should be noted that the total compensation is not increased1 only the
proportion of the cash component.
ii. /oluntary Land "ransfer0Direct Payment (cheme ,/L"0DP(-.
scheme whereby the landowners voluntarily offer their agricultural lands for coverage regardless of phasing
F9*A<$01 on the other hand1 is a voluntary arrangement entered into by a landowner and a 5ualified farmer7beneficiary to directly
transfer the land to the beneficiary under terms and conditions mutually agreed by them but with payment terms not less favorable
to the farmer than if it were the government purchasing the land and transferring it to the beneficiary.
F9*A<$0 is a scheme wherein a landowner of an agricultural land covered by .AR$ and the 5ualified beneficiaries of such land
agree to the direct transfer of the ownership of the land1 as provided for under 0ections 2, and 21 of RA ++!. *he area to be
transferred should not1 however1 be less than the area which the government through compulsory ac5uisition would otherwise
ac5uire. Administrative @rder (o. 1#1 0eries of 19911 embodies the rules and procedures governing F9*A<$0.
(asic )e#"irement in %*+,D-':
i. ARDs must give theirinformed consent to the landownerEs F9*A<$0 proposal. 0pecifically1 this means that the
ARDs should be made aware of their rights and options under the law1 particularly1 the terms and conditions of land transfer under
the GregularG compulsory ac5uisition mode.
ii. Among others1 the field implementor (%unicipal Agrarian Reform @fficer or Agrarian Reform $rogram
*echnologist H %AR@ or 0AR$*AAR$*" must e4plain to the ARDs: (1" that the land will sooner or later be ac5uired under .A
sub>ect to the phasing; and (2" about how much they will have to pay under the .A mode.
iii. F9*A<$0 is a scheme favorable to the :overnment for two reasons.
i. First1 :overnment does not have to pay for the land. 0econd1 the agreement between the two parties
facilitates land ac5uisition and distribution. *he <AR1 however1 ought to ensure that the beneficiaries 'now what they are entering
into and that terms and conditions of the F9*A<$0 are not disadvantageous to the ARDs.
iv. .ho are the #"alified beneficiaries "nder %*+,D-'I *he 5ualified beneficiaries are the same as those who would
be beneficiaries if the land were to be covered under compulsory ac5uisition or voluntary offer to sell. (0ee 0ec. 221 RA ++!".
v. -rescribed period for the completion of %*+,D-' negotiationsI (egotiations for F9*A<$0 between the
landowner and the beneficiaries must be completed and the agreement arrived at must be submitted within one (1" year from the
time the <AR receives the notice of application for F9*A<$0.
vi. )f F9*A<$0 negotiations remain unresolved after one year1 the land shall be covered under compulsory
ac5uisition.
vii. *he transfer of possession and ownership should be done immediately after the submitted F9*A<$0 agreement is
approved by the DA#. Certificates of Land $)nership A)ard ,CL$A- )ith the proper annotations to protect the
lando)ner shall be issued to the beneficiaries.
iii. $peration Land "ransfer ,$L"- under PD 21 and %$ 222. and
@9* is governed by $< 2 and 6@ 223 and has been in operation since 192. )t follows a different set of procedures1 particularly in
land valuation.
done through the mandate of the law whether or not the landowner disagrees to part with his property.
*he re5uisites for coverage under the @peration 9and *ransfer program are the followingH
i. *he land must be devoted to rice or corn crops
ii. *here must be a system of share7crop or lease7tenancy
obtaining therein
)f either is absent1 the landowner may apply for e4emption
$<2 grants each tenant of covered lands a ! hectare lot1 or in case the lot is irrigated1 # hectares constituting the family si/e farm.
?owever1 said law allows a covered landowner to retain not more than hectares of his land if his aggregate landholding doesnJt
e4ceed 2& hectares
.onse5uently1 a landowner may 'eep his whole covered land if its aggregate si/e doesnJt e4ceed the retention limit of hectares
An application for e4emption is different from that of retention. *hey are distinct remedies and thus1 >udgment in one doesnJt
preclude the subse5uent institution of the other
i. *he right to retention is a constitutionally guaranteed right which is sub>ect to the 5ualifications by the legislature
ii. 9andowners who havenJt e4ercised their retention rights under $<2 may e4ercise their retention rights under RA
++!
iii. *he right to retention may be e4ercised over tenanted land despite the issuance of the certificate of land transfer to
farmerbeneficiaries. Khat must be protected1 however1 is the right of the tenants to opt to stay on the land chosen to be retained by
the landowner or be a beneficiary in another agricultural land with similar or comparable features
iv. 9and awards made pursuant to a governmentJs agrarian reform program are sub>ect to the e4ercise of the
landowner who is 5ualified to the right of retention
v. *he issuance of emancipation patents or certificates of land transfers doesnJt absolutely bar the landowner from
retaining the area covered thereby
iv. %&ecutive $rder 3o. 4516 as amended by %$ 442 and %$ 758
as amended pertains only to government agencies as landowners in a propriety capacity1 or to public A 8 < lands under their
administration by virtue of presidential proclamation.
directs all government instrumentalities1 including government financial institutions (:F)s" and government7owned or controlled
corporations (:@..s"to immediately transfer to DA) all their landholdings s"itable for agric"lt"re for immediate distrib"tion to
#"alified beneficiaries "nder /A)-.
is a concrete act of the :overnment to divest itself of its agricultural landholdings as an e4ample for private landowners to follow.
%oreover1 inasmuch as the landowners involved are also :overnment agencies1 6@ &, has facilitated the ac5uisition by the <AR of
thousands of hectares of agricultural lands for distribution under .AR$.
6@ &, covers the following:
i. all agricultural lands owned or controlled by government departments1 agencies or instrumentalities1 including
lands foreclosed by government financing institutions;
ii. lands covered by cancelled or e4pired *imber 9icense Agreements (*9As" and $asture 9ease Agreements ($9As" for
redistribution by the <6(R1 in coordination with the <AR1 to 5ualified ARDs identified by the <AR; and
iii. lands covered by cancelled or e4pired Fishpond 9ease Agreements (F9As" for redistribution by the <epartment of
Agriculture1 in coordination with the <AR to 5ualified ARDs identified by the <AR.
iv. 6@ &&3 included within the coverage of 6@ &, all reservations or portions thereof1 which are suitable for
agriculture and are no longer needed for the purpose for which they were established.
v. 6@ !,+1 however1 further amended 6@ &, to e4clude: all existing and proposed national par0s, game ref"ge,
bird sanct"aries $ildlife reser!es, $ilderness areas and other protected areas, incl"ding old gro$th or !irgin forests and all
forests abo!e 1, meters ele!ation or abo!e 1 percent slope "ntil s"ch time that they are segregated for agric"lt"ral p"rposes
or retained "nder the National 2ntegrated -rotected Areas 'ystem 3N2-A'4 of DEN).
d. 9udicial Confirmation of :mperfect "itle
a.3ature
i. 2n rem1 >udicial proceedings
ii. *he decree of registration issued is conclusive and final
iii. :overned by court procedure and law of evidence
iv. Application0)hen*64tended up to <ecember #11 2,2,1 as provided in 0ec. 2 of RA 91+
b. L::"A":$3 "$ A#%A APPL:%D +$#* %a4imum of 12 hectares 3'ec. 3, )A 5674
a. Applicants*
i. Filipino citi/ens who by themselves or through their predecessors7in7interest have been in open1 continuous1 e4clusive
and notorious possession and occupation of alienable and disposable lands of public domain under a bona fide claim of ac5uisition
since Cune 121 19&! or prior thereto or since time immemorial (.A (o. 1&1 0ection &31 as amended by $< (o. 1,#1 0ec. &".
ii. Filipino citi/ens who by themselves or their predecessors7in7interest have been1 prior to the effectivity of $< 1,# on
Canuary 2!1 191 in open1 continuous1 e4clusive and notorious possession and occupation of agricultural lands of the public domain1
under a bona fide claim of ac5uisition of ownership1 for at least #, years1 or at least since Canuary 2&1 19& (RA (o. 19&2".
iii. $rivate corporations or associations which had ac5uired lands from Filipino citi/ens who had possessed the same in the
manner and for the length of time indicated in paragraphs 1 and 2 above
iv. (atural7born citi/ens of the $hilippines who have lost their citi/enship and who has the legal capacity to enter into a
contract under $hilippine laws may be a transferee of private land up to a ma4imum area of !1,,, s51m1 in case of urban land or #
hectares in case of rural land to be used by him for business or other purposes. (0ection !1 RA (o. 319"
3$"%* Khen the conditions set by law are complied with1 the possessor of the land1 by operation of law1 ac5uires a right to a grant1
a government grant1 without the necessity of a certificate of the title being issued. *he law1 as presently phrased1 re5uires that
possession of lands of the public domain must be from Cune 121 19&! or earlier1 for the same to be ac5uired through >udicial
confirmation of imperfect title. ()ep"blic !s Doldol. 261 '/)A 316"
b. Applicant ust Prove*
i. *hat the land is alienable and disposable land of public domain; and
ii. *hat they have been in open1 continuous1 e4clusive1 and notorious possession and occupation of the land for the length
of time and in the manner and concept provided by law.
iii. %&tended period for filing of application* 0ection 11 RA (o. 91+ provides in part that L*he time to be fi4ed in the
entire archipelago for the filing of applications under this chapter shall not e4tend beyond 31 December 22. $rovided that the area
applied for does not e4ceed twelve (12" hectares.M
iv. 0ection # of RA (o. 19+ provides that LAll pending applications filed before the effectivity of this amendatory act shall
be treated as having been filed in accordance with the provisions of this Act.M

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