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JUDICIAL CONFIRMATION OF INCOMPLETE OR IMPERFECT TITLE:

What is the nature of the proceedings? 1. Judicial in nature and in rem just like the ordinary or voluntary land registration. * Judicial- because you filed it in court that try and determine the case. *In rem proceedings- because it is binding upon the whole world. Just like an ordinary or voluntary land registration proceedings, same rule of procedures applies. Basis: Sec 48 (b) of Public Land Act or CA 141 as amended Sec. 48. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province

where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act. Who are qualified to file judicial confirmation of title? "(b) Those who by themselves or through their predecessors-in-interest have been, in continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership since (July 26, 1800 or before) or 1894?, for at least thirty years immediately preceding the filing of the application for confirmation of title, except when prevented by war of force majeure. Those shall be conclusively presumed to have performed all the conditions essential to a government grant and shall be entitled to a certificate of title under the provisions of this chapter." Public Land Act has been amended by RA 3872: first, changing the period of occupation and possession. According to the original law- since July 26, 1894. Now- for at least 30 years immediately preceding the filing of the application for confirmation of title. The phrase "Except in favor of the government" was likewise deleted. RA 3872: merely added subsection c to section 48 of the Public Land laws "(c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof". Correlate with IPRA: So, the individual member of Cultural Minorities or Indigenous People may file application of registration to their individually owned ancestral land under sec 48 (b) (c). PD 1073 (4)- Jan 25, 1977 amended sub-sec b and c of sec. 48 of Public Land Act Section 4. The provisions of Section 48(b) and Section 48(c), Chapter VIII of the Public Land Act are hereby amended in the sense that these provisions shall apply only to alienable and disposable lands of the public domain which have been in open, continuous, exclusive and notorious possession and occupation by the applicant himself or thru his predecessor-in-interest, under a bonafide claim of acquisition of ownership, since June 12,

1945 or prior thereto.

*This amended is with respect to classification of the land (Judicial Confirmation of Title)- land should be alienable and disposable land of public domain. *The length of time of possession and occupation- since June 12, 1945 or prior thereto. -It should be noted that the amendment provided in PD 1073 establishes a qualification. They are practically the same except the last phrase. Section 48 (b): June 12, 1945 or prior thereto vs. The applicant for registration of sec14 (1) of PD 1529: since June 12,

1945 or earlier.

Sec 47 of Public Land Act as amended provided for the time limitation in filing application for judicial confirmation of title. The original time limitation period is up to December 31,

1938. it is extended, extending the period within which the application for registration may be filed. RA 9176 – effected November 13, 2002 Chapter VIII of the same ACT (Commonwealth Act No. 141), as amended, is hereby further amended to read as follows:

"Section 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 2020 within which to avail of the benefits of this Chapter: Provided, That this period shall apply only where the area applied for does not exceed twelve (12) hectares: xxx” originally the maximum area is 144 hectares. Who are qualified applicants for Judicial Confirmation of Incomplete and Imperfect title:

1. Filipino citizens who by themselves or through their predecessors in interest have been

in OCEN (possession and occupation) of alienable and disposable land of public domain under a bonafide claim of acquisition since June 12, 1945 or prior thereto.

2. Private corporations or associations which had acquired from Filipino citizens who have

the qualification in #1. The private corporations which had acquired lands of public domain from Filipino citizens who OCENO.

3. Natural born citizens who have lost their citizenship and who have acquired alienable

and disposable lands of public domain from Filipino citizens who have the qualification in

#1.

What are the requirements in filing an application?

There are 2 conditions prescribed in Sec 48 (b): First, land must be classified as alienable and disposable lands of the public domain; Second, possession and occupation of said land (in what charac and manner?) is in the length of time and manner of OCENO under a claim of possession and ownership since June 12, 1945 or prior thereto. When does land considered or classified as alienable and disposable land of public domain? -Regalian doctrine: The land must be classified by the appropriate dept of the government--legislative and executive The classification must be embodied in a document- written instrument classifying land as alienable and disposable land of the public domain. In the case of Director of Land v. Suico/Suyco?, the SC enumerates there the examples of documents thru which the land has alrdy been classified as alienable and disposable land of the public domain. What are these pcs of documents?

1. Presidential Proclamation

2. Executive order

3. administrative order issued by Dept of environment & natural resources DENR

4. certification issued by the Bereau of Forest Development Land Classification Act/bank?

5. certification issued by Director of Forestry

6. resignation?/designation? report of the Bureau of Land

7. Legislative acts of statute

-they are just examples, meaning they are not exclusive

the appropriate government agencies reclaiming or classifying the land as alienable and disposable land of the public domain

In the recent decision of the SC, the requirement was that a certification issued by the

Director of Land Registration Bureau or by the sendro?

already been classfied as alienable and disposable land is sufficient to establish the classification of the land. That is administered in court. But now, the SC said that that is not sufficient. What shud be presented as evidence in court is an original copy of the document classifying the land as alienable and disposable land of the public domain. So that is an administrative order issued by the Secretary of the

DENR; then that document must be presented or a certified true copy of that document.

they

are documents issued by

a

certification that the land has

2nd condition: Possession and occupation of the land in the concept and manner provided by law: OCENO. -So what's the meaning of possession & occupation? -SC defined the meaning of possesion and occupation used in Sec. 48. SC said that the

meaning, that it must be understood that the law speaks of possesion AND occupation; the two is separated by conjunction and the meaning mentioned by the law is not to make one synonymous with the other. Possession is broader than occupation bec it includes 'constructive' possession. The word 'occupation' seems to be living the all encompasing

effect of constructive possession

serves to highlight the fact that for one to qualify under paragraph b of sec. 48 of Common Wealth Act 141 as amended, his possession of the land must not be near fiction, so ACTUAL possession ang kailangan. He must be actually in possession of the land. What about the manner/concept of possession and occupation? OCENO

taken

together with the words, the word 'occupation'

1. Open- possession is considered open when 23:25 matter?, visible, apparent, notorious

and not clandestine.

2. it is considered CONTINUOUS when it's uninterrupted, unbroken, and not intermittent or

occasional

3. exclusive - when the actual possessor can show exclusive provision?/supervision over

the land and his appropriation is for his own use and benefit.

4. Notorious - when it is conspicuous that it is generally on and talked of by the public/the

people in the neigborhood.

5. under bona fide claim of ownership; in other words, the possessor/occupant is not in

possession of a mere lessee, tenant or agent. His concept of possession and occupation must be that of an owner. The Classification of Lands as alienable and disposable lands of the public domain must also be since June 12, 1945 or prior thereto. So since June 12, 1945 or prior thereto qualifies not only the possession and occupation but also the classification of the land as alienable and disposable land of public domain.

-Also, Once land is classified as timber or forest land, the land remains inalienable land until the government takes a positive act--what is that positive act? the land must be reclassified to alienable and disposable land of the public domain. So panu ung walang

Puno katulad sa boracay

classfication has not changed, it is still classified as forest/timber. It is required that there must be a reclassification of the land.

So until reclassified, it is still inalienable. Therefore, it cannot be the proper subject matter of judicial confirmation of title. Evidence to prove Possession & occupation:

What elements would be needed to prove the possession and occupation of a land by the

layman/applicant since 1945

applicant/petitioner for judicial confirmation of title will call witnesses to testify in court that

the applicant and the

and so

character of the possession & occupation, OCENO. Tax Declaration

For documentary evidence, you can present tax declaration and real estate tax receipt. In themselves, these documents are not adequate to prove ownership of the land. But if these documents are presented together with the evidence of OCENO possession & occupation, then these are good indication of a claim of ownership on the part of the

petitioner/claimant

that purposes if in fact that person is not actually enjoying the property. The court will

consider these as pcs of documentary evidence. Pro kung yan lang ipepresent mong evidence like yung tax declaration, these documents are not documents of ownership.

naputol na mga puno pro forest land yan

as long as the

both

testimonial and documentary evidence. So the

28:19 are in possession and occupation of the land since so

matagal

na. It's what u call the old title. They can testify on this matter, on the

because no person in his right mind would be claiming that land for

Identity of the Land What other matter can be established by the applicant in the petition for judicial confirmation of title? -The third matter is the 'identity of the land' What evidence/proof may be presented in court

to establish the identity of the land? the survey plan which is called the tracing cloth plan duly approved by the Director of the Land Management Bureau. Survey plan --that is the result or the conduct of a survey conducted by a surveyor; surveying the land, meaning determining the metes and bounds of the property and later on after comparing or making the notation in the survey. And Survey plan also includes the technical description. The technical description, on the other hand, is another document issued by the Land Management Bureau which is based on the survey plan. Survey plan, arranged sketch yan

diba, the shape of the land, metes and bounds, then there are the natural boundaries

technical description ung mga degree or angle; so you let the surveyor state that in the plan. The land, of course, is definite and the description kaya nga technical yan is also definite and accurate. So the metes and bounds noh, and the area, eksakto yan.So those

are the two important documents that should be presented to establish the identity of the

land: the survey plan and the technical description under Section 17

allowed which should be made part of the petition/application for land registration. The 2 conditions that the claimant/occupant-possessor must comply with:

1. That the land be classified as alienable and disposable land of the pub domain. 2. That the land be in possession and occupation OCENO since June 12, 1945 or prior thereto Question: What then is the effect of compliance with the 2 conditions prescribed under Sec.48 par.b? -SC interpreted this provision. Under this section, this [refering 2d condition] shall be conclusively presumed to have performed all the condition essential to a government grant and shall be entitled to a certificate of title under the provision of this title. SC said when the condition as specified in the sec.48 b of CA 141 as amended are complied with, the possessor is deemed to have complied by operation of law, a right to a gov grant. With

that, a certificate of title be issued. SC also stated that the land, therefore, ceases to be of

the public domain and beyond the authority of the Director of Lands to dispose of

land that is already a private land when the two conditions are complied with. That is why the land is already beyond the authority of the Director of Lands to dispose of bec only public lands are disposed of by the Dir of Lands. Private Corporations or Associations With respect to private corporation/association, are they qualified to apply for judicial confirmation of title? -Under the 1973 and the 1987 Constitution, private corps/assocs may no longer hold/ acquire any alienable land of the pub domain. Sec. 3, Art. XII of the Constitution, Private coprs/assocs may not hold such alienable lands of the pubdomain except by lease, for a period not exceeding 25yrs renewable for not more than 25yrs, and not to exceed 1000 hectares in area. That's the condition of the present Constitution. So a private corporation that acquired from a private individual a land that is still part of the alienable and disposable land of the pub domain, at the time a private corporation/association file a petition for judicial confirmation of title, it's not qualified to be an applicant bec of that prohibition under the 1973 and 1987 Consti. -However, if the land was acquired by the private corporation/association under the 1935 Consti, the private corpo/assoc is qualified to hold alienable land of the pub domain. If the

private corpo have not registered the land, and the provision of the 1973 and 1987 Consti are alrdy in force and effect, will that private corpo be qualified to apply for a judicial confirmation of title? YES! because of the doctrine of 'Vested right'. The right has alrdy

a public

the

the documents

been vested under the 1935 Consti. They acquired the land. Therefore, that is a valid defense against the prohibition under the 1973 and 1987 Consti. They cannot be deprived of that land; otherwise, that would violate the right to due process of law. You cannot deprive a person of his property without due process of law. SO that is the doctrine of VESTED RIGHT based on due process of law. So pwede yan, a private corpo may apply for judicial confirmation of title if the land was acquired under the 1935 Consti even if that land was still part of the alienable and disposable land of the public domain at the time of its acquisition. -But after the 1973 and 1987 Consti, when may a private corpo apply for a judicial confirmation of title? If the Private corpo/assoc has acquired the land from a Filipino Citizen who already complied with the two condition prescribed in sec.48 b. WHy? bec of the effects of compliance by the Filipino citizen, the possessor of the land. This was clarified by the SC in the cases of Director of Land v. IAC and Agnes, and later in the case of Natividad v. CA. SC stated that speculation to fer? private associations/corpos disqualified to file judicial confirmation of title, SC said that the determinative of the issue is the character of the land--whether it is still public or alrdy private How do u determine if the private assoc/corpo is disqualified to file for judicial confirmation of title? it depends on the character of the land at the time of the commencement of the proceeding. Yun ung period. the reckoning point, at the timeof the filing of the case. at the time of the commencement of the proceeding. So if the land was alrdy private land, then the constitutional prohibition against acquisition by PC/A wud not apply. Private na e. and when is land alrdy considered public? if the Private Corp acquires the land from a Filipino citizen who has complied with the 2 conditions. why? bec of the effect of compliance with that conditions as i have mentioned earlier. That is how u shud reason out. Who may file the application for judicial confirmation of title? the three groups:

1. Filipino Citizen

2. Private corpo/assoc

3. Natural-born citizen

-what are the conditions? sec.48 B -what is time limitation with which to file the judicial -confirmation? up to? -what is the maximum area? -what shud be proven? the 2 conditions and the identity of the land.proof/evidence establish yan. -effects of compliance with the 2 conditions. -is private corp/assoc shud be qualified to file application to file judicial confirmation of title?