Chapter III – ORIGINAL REGISTRATION
ORIGINAL REGISTRATION PROCEEDINGS
Section 14. Who may apply. The following persons may file in the proper
Court of First Instance 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.
Where the land is owned in common, all the co-owners shall file the
application jointly.
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.
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.
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I.
Synopsis
 Registration of title to land may be original or subsequent
registration.
 Original registration – the land which is alienable and disposable
land of the public domain is registered for the first time in the name
of the applicant/owner and is issued an Original Certificate of Title.
 Subsequent Registration – any registration of conveyance or deed
involving transfer of ownership of the land after the original
certificate of title has been issued.
- Transfer Certificate of Title – certificate of title that is issued in
pursuant to subsequent registration.
 Before a person can apply for an original title to land, he must
have. . .
 Either an imperfect or incomplete title; or
 Existing right of ownership over the land
- Why?
 Because registration does not confer but merely confirms
ownership or title previously acquired.
 The incomplete or perfect title is only completed and perfected
when it is judicially confirmed with the issuance of the Original
Torrens Certificate of Title.
- Effect after the issuance of cert. of title:
 All claims, liens and the like not noted in the title are barred
except statutory claims under Sec.44
 The proceeding to perfect or complete the title can be traced from
Sec. 48 of C.A No. 141 of 1936 aka the Public Land Act.
- The following-described citizens of the Philippines, occupying
lands of the public domain or claiming town any such lands or
an interest therein, but whose titles have not been perfected or
 completed, may apply to the CFI (RTC) of the province where
the land is located for confirmation of their claims and the
issuance of a certificate of title. . .
- Perfecting and completing of title refers to the right of
ownership of the person under the said section by virtue of the
open, continuous, exclusive and notorious possession and
occupation of alienable and disposable land of public domain
under the bona fide claim of ownership.
- Undergone series of amendments (See Book)
 Sec 48(b) of CA no. 141 of 1936: 1957 by R.A No. 1942 & 1977
by P.D No. 1073
= it now particularly the same in substance with the provision
of Sec. 14(1) of PD No. 1529 of 1978 (Property Registration
Decree)
- “imperfect or incomplete title” (Sec.48(b) and RA No. 1942) –
open, continuous, exclusive and notorious possession and
occupation of alienable and disposal land of public domain
under the bona fide claim of ownership since June 12, 1945 or
earlier provided in Section 14(1) of PD No. 1529.
- “Alienable and Disposable at the time of the possession and
occupation” – it must be an agricultural land (character of the
land) – that it must be an agricultural land or land suitable for
agriculture
- “alienable and disposable land” at any time before the filing of
application” - classification of the land which signifies that the
State is ready to release said land to qualified persons.
 Sec. 14 (1) of PD No. 1529 in conjunction with CA No. 141– subject
land being occupied since June 12, 1945 or earlier must be:
- a land suitable for agricultural purposes;or
- An agricultural land; or
- Alienable and disposable land
Notes:
 The declaration that the land is alienable and disposable need
not be done on June 12, 1945 or earlier.
 Land must be declared alienable and disposable at the time of
the filing of application for original registration of title to land.
 Said section will not be applicable if the land being occupied
since June 12, 1945 or earlier is a forest or timber land or
inalienable land.
 Applicant may only use imperfect or incomplete title as a ground for
applying for original registration under RA No. 926, Sec. 48(b) of CA
No. 141, RA No. 1942 and PD No. 1073.
 PD No. 1529 – added in 1978
- Issued other grounds that may be used as a basis for original
registration.
- Prescription
- Accretion
- Abandoned river bed
- Other modes of acquiring ownership etc.
 All the interests, claims, ownership over the subject land are
also incomplete or imperfect.
= becomes complete or perfect only upon judicial confirmation
of ownership and the issuance of the original certificates of title.
Why?
- Because it is at this moment that the existing right of the person
or applicant is confirmed.
 Sec 48(b) of CA No. 141 (Public Land Act) and from Sec 14 (1-4 of
PD No. 1529 (Property Registration Decree) – where the interest or
ownership over the land for purposes of original registration had
been derived.
 Possession that would create and imperfect and complete title Possession and Occupation of agricultural land (Sec. 14(1) v. Sec. 14(2) of
under Sec. 48 of CA No. 141 = possession since July 26, 1984 until it PD 1529)
was amended by RA No. 1942 changing to possession for 30 years.
- Such was effective only until 1977 when RA no. 1942 was  Sec. 14 (1) – possession and occupation of agricultural land is “Since
amended by PD No. 1073 (which changed the possession of June 12, 1945 or earlier”
agricultural lands from 30 years to “possession since June 12, - BASIS OF REGISTRATION: Mere possession of an alienable and
1945) disposable land converts the land into a private land by
operations of law.
 RA No. 1942 (amended the Sec. 48(b) of CA No. 141) - person is
- Must be under the bona fide claim of ownership
allowed to apply for original registration based on his or her
- In order to acquire imperfect and incomplete title, at the start
predecessors-in-interest’s open, continuous, exclusive and
of possession and occupation for at least 30 years or since June
notorious possession and occupation for 30 years ending on
12, 1945,
January 25, 1977. (cut-off)
 The land that is suitable for agriculture need not be declared
- Automatically converts the alienable and disposable land into
alienable and disposable land. (Republic v. Roasa)
private land
Why?
 Because what the law simple requires is possession for 30 years.  Sec. 14(2) – possession and occupation of agricultural land which is
at least 30 years.
 PD No. 1529 – starting year 1978, there is a 30-year possession and
- BASIS OF REGISTRATION: Prescription
occupation recognized as a valid ground for the original registration
- In order that acquisitive prescription will set in, the 30-year
(Sec. 14(2) on prescription).
period of possession and occupation must start from the time
- This also allows the applicant to register the title to his land
the alienable and disposable land is declared patrimonial
even if his possession and occupation start only after June 12,
property of the State.
1945.
- It is only after the lapse of 30 year period from the declaration
- Does not automatically convert the land intro private land
that the land is a patrimonial property that said land is
UNLESS at the start of possession and occupation for at least 30
converted into a private land.
years, the land was declared as a patrimonial property of the
- Note that, for purposes of original registration, the possession
State.
and occupation of agricultural land for 30 years DO NO
Why?
AUTOMATICALLY convert the land to private land. (See:
 Because Sec. 14(2) is subject to the provision of the Civil Code
Republic v. Naguit)
on prescription which requires that the land be declared first as
- In order to be a bona fide claim of ownership, it is necessary
patrimonial land before the period of prescription could start to
that the land subject of possession and occupation must be
run.
alienable and disposable land of the public domain.
 It is the declaration that the land is a patrimonial land that
 This must be agricultural lands, because it is only agricultural
makes it a private property of the State.
lands that are alienable and disposable or may be alienated for
individual ownership that are subject to prescription.
  Acquisitive Prescription:
1. Ordinary – person availing it has a just title
- Prescriptive period is 10 years
NOTE:
 Just title – There is just title when the adverse claimant came
into possession of the property through one of the modes
recognized by law for the acquisition of ownership or other real
rights, but the grantor was not the owner or could not transmit
any right. (Malabanan v. Republic)
- Act which has for its purpose the transmission of ownership and
which would have actually transferred ownership if the grantor
had been the owner. (Tolentino)
- Sources of JT are: exchange, donation, succession, and dacion
en pago.
2. Extraordinary – period of prescription is 30 years
How to convert the land into patrimonial property of the State:
 There must be an express declaration from the government that the
land is no longer needed for public use, service or it is not needed
for the development of the national wealth.
 Mere possession of the land for 30 years does not automatically
convert the land intro patrimonial land.
 Counting shall be reckoned from the time the land is converted into
patrimonial.
 Possession – broader than occupation because it includes
constructive possession
 Occupation – includes constructive possession.
- Added in order to delimit the all-encompassing effect of
constructive possession and to show that the required
possession of the land must not be a mere fiction.
 Possession and occupation of timberland is not under the bona fide
claim of ownership for prescription purposes.
 The possession of the applicant may be tacked to the possession of
his predecessor-in-interest to complete the no. of years or the
possession required by law EXCEPT if the predecessor-in-interest is
not qualified to own land like foreigners and juridical person or land
which is the subject of possession and occupation is inalienable
land.
Who has the authority to classify or declare the land as alienable and
disposable land?
 Executive Department
NOTE:
 If the land has not been classified as alienable and disposable
such as forest and timber land, even if the possession is more
than 30 years or no matter how long and uninterrupted is the
possession and occupation or even if it started since June 12,
1945 such possession and occupation will never ripen into
private ownership.
As to Applicants:
 Natural person and not a juridical person such as corporations,
partnership, etc. EXCEPT government-owned and controlled
corporations or agencies like PEA or AFP Retirement and Separation
Benefit System.
 Filipino corporation cannot be an applicant in the original
registration proceedings
Why?
- Because it is not allowed to hold alienable lands of the public
domain
- Article XII, Sec. 3 of the 1987 Constitution (private corporations
or associations may not hold such alienable lands of the public
domain except by lease. . .”
 - BUT if the predecessor – in – interest of the Filipino
Corporation has been in possession and occupation of an
alienable and disposable land under the bona fide claim of
ownership since June 12, 1945 or earlier or has occupied the
land for 30 years after having been declared as patrimonial
property
 Then Filipino Corporation could apply for original registration
because by virtue of such possession and occupation, by
operation of the law the land ceases to be a land of the public
domain but a private land of the Filipino corporation’s
predecessor – in – interest.
 Based on the premise that the land was declared alienable and
disposable at least at the time of the filing of the application for
registration.
 The moment the land of the public domain is converted into
private land, the Filipino corporation can apply for original
registration because the law allows Filipino corporations to
apply for original registration involving private lands.
 Filipino Citizen – citizenship requirement must be reckoned at the
time of the acquisition of the land.
- A citizen of the PH when he acquired or purchased the land can
still register the title of the land in his name even if at the time
of the registration, he was already a citizen of another country.
- Natural-born Filipino Citizen with dual citizenship – may
acquire the land and may be an applicant for original
registration of title to land
- Natural-born Filipino Citizen who lost his Filipino citizenship
due to naturalization – may own land with some limitations.
1. Urban land = half hectare
2. Rural land = three hectares
- Foreigners – qualified to own and register private lands in their
names PROVIDED,
 They acquired them through hereditary intestate succession.
To apply for original registration,
 Applicant must reach reached the age of majority – must be at least
18 yrs old because under Article 234 in relation to Article 236 of
the Family Code, the moment the person reaches the age of
majority, he shall be qualified and responsible of all acts of civil life.
 Minor is also allowed to apply – may acquire thru succession
because in succession, the property is transmitted to him by law.
 Applicant’s application must cover only 12 hectares of public
domain.
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STEPS LEADING TO THE JUDICIAL REGISTRATION OF TITLE TO LAND:
1. Survey of Land
2. Filing of the application
3. Setting of the date of the initial hearing of the application by the
court
4. Transmittal of the application and order setting the date of the
initial hearing with all the documents attached thereto by the Clerk
of Court to LRA (Land Registration Administration)
5. Publication of the notice of the initial hearing
6. Opposition
7. Hearing
8. Judgement
9. Issuance of the court order for LRA to issue the Decree of
Registration and the corresponding certificate of title and the
transmittal of the documents of LRA
10. Issuance of the Decree of Registration
11. Entry of the decree of registration in the registration book of LRA
12. Issuance of the original certificate of title
13. Sending of the owner’s certificate of title to the respective Register
of Deeds
 14. Entry of the owner’s certificate of title in the registration book of
the respective register of deeds and delivering of the same to the
owner.
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1. SURVEY OF LAND
- Shall be done by the:
 Surveyor of the Land Management Bureau; or
 Duly licensed private surveyor
- AND Approved by:
 Director of Land Management Bureau
a) The survey plan must be approved by the Land
Management Bureau
 Effect without the approval:
= any title issued emanating from a survey plan will be tainted with
irregularity and considered as VOID. (Republic Cement Corporation
v. CA)
 Republic Cement Corporation v. CA – power to approve the original
survey plan rests on the Land Management Bureau and not with
the Land Registration Administration
- MANDATORY that the duly approved survey plan be attached
to the application.
NOTE:
b) The duly approved survey plan must be attached to the
application
 Otherwise, such application will not be accepted by the Clerk of
Court.
 In accordance with Sec. 17 of PD No. 1529 – the application for land
registration shall be filed with the Court of First Instance of the
province or city where the land is situated.
- Applicant shall file together with application all original
muniments of titles or copies thereof
- And a survey plan of the land approved by the Bureau of Lands
(Land Management Bureau)
- Clerk of Court shall not accept any application
- Unless it is shown that the applicant has furnished the Director
of Land with a copy of the application and all annexes.
 Original tracing cloth plan from the Bureau of Lands – best
evidence to identify a piece of land for registration purposes
- But blueprint copies approved by the LMB and other evidence
could also provide sufficient identification.
 Menguito v. Republic – notation by the surveyor in the survey that
the subject land is within the alienable and disposable area does not
classify the land as alienable and disposable.
- Mere surveyor has no authority to reclassify lands of the public
domain.
c) The criteria to be used in case of conflict between area
described and the actual boundaries of the land
 What will prevail in case on conflict?
= intention of the parties derived from their contemporaneous and
subsequent acts (be principally considered)
 What if the land was sold and bought in lump sum?
= described boundaries shall be followed over the stated area in the
deed of sale
 The land is considered to have been sold and bought in lump
sum if the land is sufficiently identified and described with
clear specifications as to its boundaries.
 What if the land was sold and bought with the principal
consideration of the size or area of the land?
= area stated in the deed of sale shall prevail over the described
boundaries.
  The intention that the size or the area is the primary consideration
of the parties can be inferred from the contemporaneous and
subsequent acts of the parties.
 What if the seller convinced the buyer to buy the land by
representing that with the states size or area?
MEMORIZE SEC. 14 OF PD 1529!
= the land could produce a certain volume of harvest and the buyer
bought the same based on that premise, and then the intention of
the parties is to sell and buy that land based on the states size or
area.
 Miguel Semira v. CA and Buenaventura – where land is sold for a
lump sum and not so much per unit of measure or number, the
boundaries of the land stated in the contract determine the effects
and scope of the sale, NOT THE AREA.
______________________________________________________________
2. APPLICATION
- Initiatory act in the ordinary judicial proceedings for an original
registration of title of the land is done by:
 The applicant by filing an application with all the annexes.
 In the case of cadastral proceeding, the initiatory act is done by
the government through the Solicitor General
a) Who may apply
 Sec. 14 of PD No. 1529 – enumerates those who may apply for
original registration of title to land.
- Enumeration NOT EXCLUSIVE.
- There are other persons who are also qualified to apply based
on earlier laws and jurisprudence.
 The eligibility of the person to apply for original judicial registration
is anchored on the fact that he has already acquired ownership or
title to the land he is applying for.
 While he has already acquired ownership or title to the land, he still
needs to register his title and secure the corresponding original
certificate of title in order to perfect, complete and confirm his
ownership or title.
 In that way, he will enjoy the protection accorded to the
holder of the Torrens Certificate of Title.
b) Based on the previous and present laws and jurisprudence,
the following are qualified to apply for original registration
of title to land:
1. Those mentioned in Sec.14 of PD No. 1529 and PD No. 1073
2. Those mentioned in RA No. 1942 which took effect in 1957.
 Filipino citizens who by themselves through their predecessor-
in-interest have been, prior to the effectivity of PD No. 1073 on
January 25, 1977 in an open, continuous, exclusive and
notorious possession and occupation of agricultural lands of the
public domain, under the bona fide claim of ownership.
3. Filipino citizens who own the unregistered land by virtue of:
- Voluntary; and
- Involuntary dealings from persons who have acquire title to
said lands.
4. Private Filipino Corporation or association which had acquired
lands from the qualified person who have complied with the
required possession that would entitle him to a grant.
5. Fully owned government corporation like Public Estate Authority
6. Foreigners who acquired lands in the PH through intestate
succession. (not applicable in the case of testate succession)
7. Foreigner (former Filipino Citizen) who acquired land by purchase
from a qualified Filipino Citizen when said foreigner was STILL a
citizen of the PH.
8. Natural-born citizens who have lost their Philippine citizenship may
acquire lands.
  Any natural-born Filipino Citizen who has lost his Philippine
citizenship and who has the legal capacity to enter into a
contract under PH Laws may be a transferee of private land.
 Qualified transferee – shall be entitled to acquire and own
private land to be used by him for business or other purposes
NOT EXCEEDING:
1. Urban Land – 5,000 sq. meters or half hectare
2. Rural Land – 3 hectares
9. Filipino with dual citizenship per DENR Adm. Order No. 2010-12 as
provided for in RA No. 9225.
10. A minor, even less than 18 yrs. Old may acquire real property by:
- Succession; or by
- Implied trust as provided in Art. 1148 of the New Civil Code
11. Members of cultural minority under CA No. 141, Sec. 48( c ) and
Indigenous People under IPRA based on possession since time
immemorial.
c) Equation to determine eligibility to apply for original
judicial registration of title to land
See: NOTES
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Sec. 14(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.
1. LAWS AND BASIC CONCEPTS
a) Laws governing public land.
 Title that is under the above-mentioned provision refers to as
“imperfect or incomplete title”.
- Needs to be judicially confirmed to perfect or complete it.
 Republic v. Corazon Naguit
- When the Public Land Act was first promulgated in 1936, the period of
possession deemed necessary to vest the right to register their title to
agricultural lands of the public domain commenced from July 26, 1894.
However, this period was amended by RA No. 1942 which provided that the
bona fide claim of ownership must have been for at least 30 years. Then in
1977, Section 48(b) of the Public Land Act was again amended, this time by PD
No. 1073, which pegged the reckoning date at June 12, 1945. This new starting
point is concordant with Section 14(1) of the Property Registration Decree.
- Section 48(b) of CA No. 141 is virtually the same as Section
14(1) of the Property Registration Decree and the latter merely
codified the various laws relative to the registration of property
such as lands of the public domain.
- Both refer to the same type of land although Public Land Act
speaks of agricultural lands while PD No. 1529 refers specifically
to alienable and disposable agricultural lands.
- Constitution refers to agricultural lands as alienable and
disposable lands.
 Original law the governs the judicial confirmation of imperfect or
incomplete title is the Public Land Act (C.A No. 141) which took
effect on December 1, 1936.
 On June 22, 1957, RA No. 1942 amended Section 48 (b) of CA No.
141.
 The provision on occupation “since July 26, 1894” under Sec. 48 (b)
of Public Land Act was changed to at least 30 years immediately
preceding the filing of the application.
 The phrase “except against the Government” referring to the non-
applicability of the adverse possession against the government was
deleted.
 On June 18, 1964, RA No. 3872 added subsection ( c ) to Section 48
of the Public Land Act.
 On January 25, 1977, PD No. 1073 amended subsection (b) and (c )
of the Public Land Act.
  Based on the latest amended provision of the Public Land Act by PD LANDS OF THE PUBLIC DOMAIN
No. 1073
= the required possession of the applicant for at least 30 years has  Those alienable or disposable agricultural lands not yet disposed or
been changed to a possession “since June 12, 1945” and the land acquired by private individuals.
must be part of the “alienable and disposable lands of public PRIVATE LAND:
domain” which also means “agricultural lands of the public domain.
 Section 2, Article XII of the 1987 Constitution refers to agricultural  Lands described under Section 14 of PD No. 1529 acquired through
land as alienable land. possession and occupation since June 12, 1945 or earlier, or
 Such provision of PD No. 1073 jibes with the provision of PD No. possession and occupation for 30 years.
1529, Section 14(1).  They become private lands by operation of law although
 Subsection (c ) pertaining to cultural minorities was also amended corresponding titles are not yet issued.
and now conforms to the rule states above as to the possession and  Lands acquired through:
the classification of the subject land.  Accretion;
 Abandoned river beds; and the like and through other modes of
EVOLUTION OF THE LAW: acquiring ownership under the New Civil Code referred to in
Sec. 14 of PD No. 1529
(1903) (December 1, (June 22, (January 25,
Act No. 926 1936) 1957) 1977)  Lands acquired based on native titles or possession since time
C.A. No. 141, R.A. No. 1942 P.D. No. 1529 immemorial by Cultural Minorities or Indigenous people.
Section 48 (b) Section 14 (1)
1. Refers to 1. Alienable
Agricultural and
c) Area and the period to file application for judicial registration.
land Disposable  Period to file application for registration granted under Sec. 48 (b)
land of the
public of CA No. 141 is up to December 31, 2020.
domain.  Section 47 of the Public Land Act - limits the period within which
2. Possession: 3. Originally: 2. At least 2. Since June
since July Since July 26, 30 years 12, 1945 or one may exercise the right to seek registration under Sec. 48.
26, 1894 1894, until earlier
 Such provision was amended several times, most recently by RA
amended to
“at least 30 No. 9176 in 2002.
years”
3. Except against 3. deleted  Heirs of Mario Malabanan v. Republic
the - Substantive right granted under Sec. 48 (b) may be availed of
government
only until Dec. 31, 2020 and provided the area applied for does
not exceed 12 hectares.
- However, it can still be concluded, in accordance with the SC
Decision that a person can STILL apply for original registration
even BEYOND December 31, 2020, under Sec. 14(1) of PD No.
b) Land of the public domain as distinguished from private land. 1529.
 Why?
 Because there is no cut-off period for filing an application for
original registration.
______________________________________________________________
2. REQUISITES TO AVAIL OF THE CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLES UNDER SECTION 14(1)
Requisites under Section 14(1) of PD No. 1529:
(Note: enumeration not exclusive)
a. Land is alienable and disposable property of the public domain;
b. The applicant and its predecessors – in – interest have been in open,
continuous, exclusive and notorious possession and occupation of
the land under a bona fide claim of ownership;
c. The applicant and its predecessors – in –interest have possessed
and occupied the land since June 12, 1945, or earlier.
Expanded Requisites based on the laws and jurisprudence:
a. The applicant must be a Filipino Citizen (1987 Constitution).
b. The subject property is alienable and disposable land of the public
domain.
c. The applicants by themselves OR through their predecessors – in –
interest have been in open, continuous, exclusive and notorious
possession and occupation, and that such possession is under a
bona fide claim of ownership since June 12, 1945 or earlier;
d. The application must be filed with the proper court.
______________________________________________________________
3. MEANING OF SECTION 14 (1) OF PD NO. 1529
A. 1st Requisite: Applicant must be a Filipino Citizen (1987
Constitution)
 Based on the 1987 Constitution
 Acquisition of agricultural lands of the public domain is limited
to the Filipino citizens.
 Whether natural-born citizen or naturalized citizen.
 Area that may be acquired is not more than 12 hectares.
 Ownership of the land is limited to the Filipinos in order to make
sure that disposable and alienable lands of the Philippines are
conserved and will go in the hands of the Filipinos so they will not
be landless in their very own birthland or homeland.
3.a.a. Who are Filipino Citizens?
Sec. 1, Article IV of the 1987 Constitution emphasizes the citizens of the PH:
1. Those who are citizens of the Philippines at the time of the adoption
of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippines citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance with law.
 DENR Adm. Order No. 2010-12 – a person with dual citizenship as
provided for in RA. No. 9225 and its implementing rules and
regulations shall be considered a Filipino citizen.
 RA No. 9225 – known as the Citizen Retention and Reacquisition Act
of 2003
- Grants natural born Filipinos who have lost their Filipino
citizenship through naturalization in a foreign country, the
opportunity to reacquire Filipino citizenship.
 A person having dual citizenship and being a Filipino citizen also,
can own lands in the Philippines.
3.a.b. Only “natural person” who is a citizen of the Philippines and NOT a
“juridical person” can apply for original registration of title to land.
 Provided under the Constitution
 GENERAL RULE: Both Filipino and foreign corporations cannot be an  Filipino Corporation can apply for original registration of title to land
applicant for original registration of title because under these instances, the subject land ceases to be a
Why? public land.
 Because corporations cannot acquire lands of public domains - The land is converted into a private land by operation of law.
 FILIPINO CORPORATIONS: - The moment the public land is converted into a private land, a
- Cannot own alienable land of public domain BUT they can lease Filipino corporation is now qualified to apply for the said orig.
it. registration of its title.
- Can own private lands only and NOT lands of public domain.
NOTE:
- Friar lands – acquired by the government under Act No. 1120
are deemed to be patrimonial property and can be acquired by  Filipino Corporation can apply for original registration if its
private Filipino Corporations by purchase. predecessor – in – interest has adversely possessed and
- Such constitutional restriction from acquiring alienable lands of occupied the land for the period required by law.
public domain applies only to private corporations and
associations. 3.a.c The rationale behind the Constitutional Ban.
= thus, it is not applicable to a fully owned government
 Chavez v. PEA and AMARI
corporation like Public Estate Authority. (AFP Retirement and
- No private corporation or association may hold alienable lands
Separation Benefit System v. Republic)
of the public domain except by lease, not to exceed 1000
 EXCEPTION: (private corporations cannot apply for original
hectares in area.
registration title to land of the public domain)
- One purpose of the constitutional prohibition against purchases
- When the predecessor – in – interest of a private Filipino
of public agricultural lands by private corporations is to
corporation has been in possession and occupation of an
equitably diffuse land ownership or to encourage ‘owner-
alienable land of a public domain for the period of time required
cultivatorship and the economic family-size farm’ and to
by law.
prevent a recurrence of cases.
 This happens when the predecessor- in – interest of a Filipino
- Such ban strengthens the constitutional limitation on individuals
corporation has been in possession of an agricultural land under
from acquiring more than the allowed area of alienable lands of
the bona fide claim of ownership:
the public domain.
- for at least 30 yrs. (Sec. 48 (b) of C.A No. 141 as amended by
- The constitutional intent under 1973 and 1987 Constitutions
RA No. 1942); or
= to transfer ownership of only a limited area of alienable land
- Since June 12, 1945 or earlier (Sec. 14 (1)); or
of the public domain to a qualified individual.
- For at least 30 years from the time the land has been declared
 Such intent was safeguarded by the provision prohibiting
patrimonial property of the State and classified as alienable
corporations from such acquisition.
and disposable land before the filing of the application (Sec.
- The most effective way to insure faithful adherence to the
14(2) of PD No. 1529)
intent – to grant or sell alienable lands of the public domain
only to individuals.
3.a.d Foreigners, both natural and juridical, are prohibited to own land 3.a.e EXCEPTIONS to the rule that foreigners cannot acquire lands or
whether public and private lands or to apply for original registration. cannot apply for original registration of title to land.

GENERAL RULE: 1. Foreigners can acquire private lands through intestate succession
and allowed to apply for original registration
 Krivenko v. Register of Deeds
- Aliens are disqualified from acquiring public and private lands.
 Only intestate succession NOT testate succession otherwise, the
- Public agricultural land which the Constitution prohibits to be prohibition against alien owning lands in the Philippines will be
owned by aliens includes: useless and alien could circumvent the prohibition by paying money
 Residential to the Filipino landowner in exchange for a devise of a piece of
 Commercial land.
 Industrial lands
 Allowed to apply for the original judicial registration ONLY if such
- BUT if the Filipino citizen sells land to an alien who later sells
lands are already converted into private lands in favor of their
the land to the Filipino, the invalidity of the first transfer is
predecessors – in – interest.
corrected by the subsequent sale to a Filipino citizen. (United
 If the subject land is not yet converted into a private land, the
Church Board for World Ministries v. Sebastian)
prohibition of the law against the foreigners to apply for original
 Lee v. Republic
registration stands.
- An alien who buys the land subsequently acquires Philippine
Why?
citizenship; the sale is validated since the purpose of the
 Because his predecessor – in – interest has not transmitted a
constitutional ban to limit the land ownership to Filipinos has
registrable title over the land.
been achieved.
 Such prohibition applies to a Filipino citizen in which he can only
 Register of Deeds of Rizal v. Ung Sui Si Temple
apply for orig. judicial registration if he acquired ownership of an
- The prohibition includes foreign corporation. Hence, the
alienable land of the public domain that was converted into a
donations in favor of a religious corporation controlled by
private land.
Filipinos are non-registrable.
 However, Filipino citizen, his possession and occupation of an
 Philippines Banking Corporation v. Lui She
alienable and disposable land of the public domain under the bona
- When a Filipino vendor sells a land to an alien, the vendor can
fide claim of ownership may be credited and may lead to his
recover it.
ownership or imperfect title over the said land.
Why?
- As to purchase, he should continue the possession of his
 Because the alien cannot own land in the Philippines.
predecessor – in – interest in order to complete the length of
- They may be in pari delicto, but the agreement is not illegal per
time required by law.
se. It is merely prohibited and the prohibition is meant to
 On the other hand, foreigners and Filipino Corporations, the
protect a public policy of preserving lands for the Filipinos.
occupations and possession regardless of the length of time, would
- Allowing the Filipino vendor to recover is in accordance with the
never ripen into ownership or imperfect title
public policy of preserving lands for the Filipinos.
 - As to purchase, foreigners who are allowed to acquire private
lands or Filipino corporations, their possession and occupation
cannot be tacked to the possession and occupation of their
predecessor – in – interest for the purpose of completing the
length of possession required by law.
Why?
 Because the subject land remains to be a public land which they
are not allowed to own.
 What the Constitution allows them to own are private lands or
lands which were converted and considered already as private
lands.
2. Foreigners who were Filipino citizens at the time purchase but
became naturalized citizens of other country can own private land
and can apply for original registration.
 Filipino citizens who lost their citizenship by becoming a naturalized
citizen of other country.
 Determined at the time the right to it is acquired and NOT at the
time of the registration of the land.
 Republic v. CA
- Qualification should be determined at the time of purchase of
the land and not at the time of registration.
 They are qualified to own and apply for original registration because
at the time of purchase they were still Filipino citizen provided the
subject land was already converted as private land when they were
still Filipino citizen.
3. Foreigners who were formerly natural-born citizens of the
Philippines can own private land and can apply for original
registration.
a. Meaning of natural-born citizens
 Secs.1(3) and 2 , Article IV of the Constitution.
 Those who are citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship.
 Natural-born is also someone who elect Philippine citizenship in
accordance with par. 3, Sec.1.
 All citizens are natural-born except:
1. those who are naturalized
2. those who lost and subsequently reacquired their
citizenship because the way to reacquire PH Citizenship is
through naturalization.
 Those born of Filipino mothers before Jan. 17, 1973 but failed to
elect PH citizenship upon reaching the age of majority are aliens but
they can become Filipino citizens by naturalization.
b. Aliens who may be transferees of private lands.
 GENERAL RULE:
- Any natural-born Filipino citizen who has lost his Philippine
citizenship and who has the legal capacity to enter into a
contract under PH laws may be a transferee of private land.
- PROVIDED THAT,
 Their predecessor-in-interest must have occupied and
possessed the alienable land of the public domain for the length
of time required by law.
Why?
 Because what the law allows is the ownership of the land that is
already considered as a private land.
 In case of married couples who are BOTH QUALIFIED, either or both
of them may avail of the privilege granted
- PROVIDED THAT,
 If BOTH shall avail of the same, the total area acquired shall not
exceed the maximum herein fixed.
c. Acquisition limited depending whether it is urban or rural land.
 A transferee is entitled to acquire either urban or rural land but
NOT BOTH.
 If he has already acquired urban land he shall be disqualified from
acquiring rural land and vice versa.
d. Acquisition of additional area.
 Maximum ownership of land that can be owned by natural-born
Filipino citizen who lost his citizenship.
- If the area of the land acquired is less than the maximum
allowed by the law
 Transferee may acquire additional urban or rural land which
when added to that already owned by him shall not exceed the
maximum authorized area.
- If the transferee has disposed his urban or rural land,
 he may subject to the area and use limitations, again acquire
urban or rural land.
e. Area and use limitations.
 Qualified transferee shall be entitled to acquire and own private
land to be used by him for business or other purposes NOT
EXCEEDING:
1. Urban land – 5,000 sq. meters or half hectare
2. Rural land – 3 hectares
3. In case of married couples – each one of them may avail
the privilege but if both of them will avail, the total area
should not exceed the maximum fixed.
4. In case he own already urban or rural land – he shall be
entitled to an additional urban or rural land which when
added will not exceed the maximum are fixed.
5. The transferee may acquire mot more than two lots which
should be situated in different municipality or cities
anywhere in the Philippines.
6. A transferee of residential land acquired under BP Blg. 185
may still avail of the privilege.
f. Registration of transfer.
 In addition to the usual registration requirements pertinent to the
conveyance of real estate, the transfer herein contemplated shall
NOT be recorded UNLESS the transferee submits to the registry of
deeds of the province or city where the land is situated the
following:
1. A certification of business registration issued by the Bureau of
Trade Regulation and Consumer Protection of the Department
of Trade and Industry;
2. A sworn statement showing the date and place of his birth;
- The names and addresses of his parents, spouse and children if
any;
- Date he lost his Philippine citizenship and the country of which
he is presently a citizen;
- The area, location and mode of acquisition of his landholdings in
the Philippines, if any; and the nature thereof whether urban or
rural;
- And his declaration to use the land for business purposes;
3. Certification from the assessor of the municipality or province
where the property is situated that the land subject of the
transfer is located in an urban or rural area.
g. Who can acquire private land:
1. Filipino citizens
2. Filipino corporations and associations as defined its Section
2, Article XII of the Constitution.
3. Aliens only by hereditary intestate succession.
4. A natural born citizen of the Philippines who has lost his
citizenship under the terms of Sec. 8.