Comprehensive Overview of Land Titles in the Philippines: Key Concepts and Updates

Hey what's up what's up Hello I'm atorney Al jumrani And this is the house of law so Welcome to another video this

is an update of my 2year old land titles in video kailangan na siang i-update dahil may mga Changes no

napakaimportanteng Changes na dapat ninyong malaman so If You're watching this video and if you're reviewing for

the bar exam then welcome I hope makatulong itong lecture video na to meanwhile If You're watching this video

and you're a student of property and ltd then you're in the right place at the right time and speaking of which I'd

like to give a Shout to my students in property and ltd from the Manila law college na kinabilangan Mark Anthony C

Annalyn makalad at Raffy among others so Hello sa inyo at sana ay nanon kayo ngayon so with that Let's get on with

this video [Musika] Okay So Here it is Land titles indeed

part 1 so nilagyan ko talaga ng 2024 lecture para sa susunod pag nag edit or nag-review nung taon ko nilabas yung

video All right So what can we expect from this video Al right so first let's Uh start with concept and kinds of

property followed by concept of ownership limitations modes of acquiring ownership and co-ownership also

pag-uusapan natin ang remedies to recover property and then we move on to ownership of lands in the Philippines

major legislations on Land Registration at dito excited tayo dahil pag-uusap natin yung bagong batas and then the

torrent system procedures to titling of land free patents and judicial confirmation of imperfect titles All

right so let's Begin so pag-usapan natin ang property Ano nga ba ang property property is defined under article 414 of

The Civil Code as a thing which is or may be the object of appropriation so based on this

definition the characteristics of property are una utility that the property must have the

ability to serve as a means to satisfy human wants meron siyang pakinabang sa atin That's why it's may may value siya

sa atin so to speak now Next is [Musika] substantively Independence but Once a

former independent property is merged with another property Well unfortunately hindi na siya property kasi yung kanyang

ah earlier value is na- merge na doon sa itong bagong value na nabuo as a result of the merging okay last characteristic

is appropriation and I think this is the reason why we own or acquire

place may mga nag-aaway Sorry may mga nagkakamayan nga paraan sa property because That's How

important ownership is to a lot of people now of course not all things are Actually owned kasi merong ibang

nagmamayari but if it is capable of ownership then it is property Ayan Okay so These are the three characteristics

of property now based on this character natin k things on the left colum can be considered as property so first you have

house so the house Is a property because it has utility it has subst and of course it's appro me to say capable of

appropriation meanwhile How about a car it has utility it has subst and it has appro ability it is property How about a

public Road a public Road has utility it serves a purpose It's also independent therefore It's substantive however it's

not capable of appropriation because it belongs to the state because it serves a public purpose

so therefore it is not property next paint on a painting So it has utility it serves a purpose but it

does not have substantively of the painting and also it cannot be the subject of appropriation Because its

value belongs to or that paint belongs to the owner of the painting now lastly lugaw so lugaw has a Utility

[Musika] substantively 15 of The Civil Code classifies and groups Okay certain

immovable properties into the way or the manner by which they are immobilized meaning to say made immovable properties

so we have Uh properties that are immovable by nature such as land buildings roads and constructions of all

kinds adhere to the soil We also have mines queries and Slug dumps while the matter there of forms part of the bed

and waters either running or stagnant also we have im movables by destination Uh such as statues reliefs paintings or

other objects for use or ornamentation placed in buildings or on lands owned by the owner of the immovable in such a

manner that it reveals the intention to attach them permanently to the tenent also

machinery receptacles inst or implements intended by the owner of the tenament for an

industry or works which may be carried on in a building or on a piece of land and which tend directly to meet the

needs of the set industry or works animal houses pigeon houses bees fish Ponds or breeding places of similar

nature in case their owner has placed them permanently attached to the land and forming a permanent part of it The

animals in these places are included Liz er Actually used on a piece of land ducks and structures which though

floating Are intended by their nature and object to remain at a fixed place on a river lake or coast now note ang

pinakaimportanteng feature nitong immovable B destination which By the way is also called immovable by purpose is

that ang mga nagattatan movable kung saan sila naka-install naka-attach at nakadikit

ibig sabihin pag idinikit lamang yan or Ininstall lamang yan na isang lessy or isang borrower ng land hindi siya ang

may-ari nung land or nung building then hindi siya nagigiging immovable by destination or by purpose instead these

fixtures will remain to be movables kasi separate or independent of the immovable this things or these pictures are

movables kasi nga nalilipat mo from place to place so nagiging immovable by destination lamang siya ag ang nagdikit

ng mga ito ay yun ding may-ari ng building ng lupa etc All right the next classification is immovable by

incorporation at ito ay ang mga land buildings roads and constructions of all kinds at here to the soil We also have

trees plants and growing fruits while they are attached to the land or form an integral part of an immovable everything

attached to an immovable in a fixed manner in such a way that it cannot be separated there from without breaking

the material or deterioration of the object now dito hindi kailangan na ang nag incorporate o nag-install o nag

nitong mga fixtures mga bagay na ito ay may-ari din nung immovable so anybody can can plant trees Uh growing fruits on

that land and those plants and trees will still be considered as immovable no Okay so next would be immovable by

analogy and these are contracts for Public Works and servites and other real rights over immovable property so for

example if merong real estate mortgage a real estate mortgage is a servitude know over immovable property so that real

estate mortgage is considered as an immovable by analogy but it's not a physical property it's not tangible

rather It's intangible Okay also an easement of right of way if it is um annotated on a person's certificate of

title then that in itself is also considered as immovable So you have two im movables There immovable by nature

which is yyung land and also Iyung easement na naka-on sa land na yon which we call immovable by analogy All right

so some notes yung iba dito nabanggit ko na kanina buildings must be permanent in character not merely

superimposed the owner of the building may be different from the owner of the land Okay trees are real properties if

they are adhered to the soil Rex vinta which are things attached to an immovable are im movables if they are

attached in a fixed manner which cannot be separated from the immovable without breaking the material or causing a

deterioration of the object Rex vinta ito Iyung im movables by corporation statues reliefs or paintings must be

placed by the owner of the building with the intention to attach them permanently to the tenim Okay machinery to be

considered real must be placed by the owner or his Agent real rights to be considered real

property must be over immovable property so a real right over an immovable Oh sorry a real right over a movable for

example a shuttle mortgage over a car is not unmovable now What a thing may be real property by destination because it

was placed by the petitioners in their factory built on their land the contracting parties may validly

stipulate that a real property be considered as personal so dapat sana ' ba Ano iun real or immovable by

destination however since they had an agreement that agreement or stipulation renders that real property as personal

property so after agreeing to such stipulation they are consequently stopped Or prevented from claiming

Otherwise ito yung immovable by estel pero napaka-unique nito no at ah Dapat pag ia-apply natin yung konsepto ng

immovable by estel dapat kaparehas ang sitwasyon doon sa sitwasyon ng sege products versus PCI leasing All right so

now let's go to movable property so under article 416 and 417 dalawa lang ang ang classification or

characteristics ng movables so una we have movable by exclusion next would be movable by

description so movable by exclusion if they are not included in article 415 meanwhile movable by description If

by its nature it can be moved from place to place and can be removed from the real property without impairment of the

real property so dagdag na natin yung sinabi ko kanina na pagka yung fixtures machinery etc ay in touch ng hindi

nagmamay-ari nung lupa such as a lessy or a borrower or a Bailey in ACC commodatum then those fixtures even

though attached and Uh is vital to the industry or business in that land would still remain to be movable kasi nga

hindi na meet yung requirements or requisites ng ah immovable by destination All right so now let's Let's

do some tests so based on what we have learned so far ano Ong mga ito itong nasa left column left ko aan ko sa inyo

kung anong Malamang left din ninyo All right so first item socks of cement in a construction site

immovable No but movable siya kasi nga nasa sa sako pa siya yung mga semento na yan no and they can be moved from place

to place meanwhile cement forming the posts of the building Ayan immovable na siya kasi nga incorporated na ayan so

immovable by incorporation incorporated na siya doon sa poste ng building meanwhile printing machine in a printing

press So this printing machine Uh We will assume that this printing machine Okay um without additional data then we

will assume that this printing Uh press is owned by the owner of the same printing machine so the the the person

who attach the printing machine in a printing press is the same owner so we will treat that as

immovable what kind of immovable immovable by destination meanwhile a laptop is a movable hindi siya immovable

kasi nga movable siya you can you know Uh move it from place to place meanwhile status placed by the lessy on the least

property again lessy lamang siya hindi siya may-ari nung property therefore it is immovable it's not immovable by

destination lastly growing fruits harvested by The Farmer Ayan so keyword dito harvested ibig sabihin inani na so

therefore movable na siya okay kasi sinabi natin kina doon sa enumeration kailangan niyong balikin balikan niyo

later sinabi natin na while they are attached to the land or to the trees they are removable but Once they are Uh

taken or harvested or Once they are cut from the ground then they now become movables All right now what's the

significance of this classification clearly the classification may Uh be significant in

as far as formalities registration acis prescription venue to file actions etc so for example for formalities

malaki diperensya pagka movable or immovable yan kasi pag immovable kailangan in writing at hindi na in

writing in a public instrument so any sale incumbrance conveyance of real property or immovable property must be

in a public instrument as stated in article 1358 of The Civil Code meanwhile kapagka personal property or movable

property yan there is no law requiring that the sale in a public instrument however if you're talking

about cars no so cars Uh sale of cars must be in writing but not for the purpose of validity or not Because it's

under article 1358 of The Civil Code but because it is required by your Land Transportation Office para maparehistro

sa pangalan mo or Kung halimbawa ibenta yan ibenta mo the second time third time or whatever para mailipat ang

certificate of registration sa pangalan nung ano nung buyer mo kailangan meron silang written evidence of the contract

So that's it but as far as the the parties are concerned the sale of that motor vehicle is valid even if it's not

in writing okay meanwhile for registration Ganon din as a rule only real properties are required to be

registered no kaya yung torrent system natin or yung system of Land Registration in the Philippines and

PD 1529 is only limited to Uh real property or immovable property however take note Iyung registration ng Shuttle

mortgages and also your personal property securities under the ppsa or the personal property security act Eh

ano lang yan additional trabaho lang yyan sa register of deeds pero hindi po yun kailangan para d sa validity or

legality ng transaction nung mga personal properties na iyon but however Pagdating naman sa real property

registration is required no to bind the whole world to respect the ownership and the um dealings no with respect to a

real property for as a rule under the Civil Code What Uh is Uh the best evidence of ownership of Uh lands or

other movables would be the Certificate of title however when it comes to movable properties the best evidence of

ownership is possession so whoever is in possession of the movable or personal property is deemed to be the owner pero

syempre matatalo siya o yyung right niya madefeat by someone who can claim to be the lawful owner of the property So kaya

kailangan ang possession to be considered as ownership should be that possession should be in good Faith All

right now meanwhile for acquisitive prescription Magkaiba ang acquisitive prescription for movable properties and

also for immovable properties for movable properties the acquisitive prescription is four for ordinary and

eight for extraordinary meanwhile for im movables or real properties mas mahaba ang acquisitive prescription 10 years

for good Faith or ordinary Uh prescription and 30 years for extraordinary prescription now Next

would be pagdating sa venue to file actions so when the action involves recovery of possession or ownership of

real property the action is considered a real action and therefore the action should be filed in the proper Court of

the place where the real property is located meanwhile if it is an action to recover personal property then the

action can be filed the action will be treated as a personal action and therefore it can be filed

in the proper Court of the place where the plaintiff resides or in the in the proper Court of the place where the

defendant resides at the option of the plain so siyaang pipili so hindi doon sa place kung nasaan yung property Kundi

kung nasaan yung tao no na nagmamay-ari o nagpo-pose or may possession ng personal property na yon now meanwhile

for sale on installments dalawang batas diyan no you have article 1484 of The Civil Code or the Recto law which

applies to sale of personal property and installment andung isa naman ay republic act 6552 or mas kilalang the Maeda law

no which applies to sale of real or immovable property on installment now meanwhile for double sale magkaiba din

ang rule and preference Depende doon sa property So if the property is movable or personal property ang preference is

again tulad sabii ko kano na possession in good Faith meanwhile pagdating sa real or immovable property ang

preference or ang priority ay binibigay doon sa unang nag-register sa register of deeds in good Faith now lastly

pagdating sa local taxation as a rule only real properties are subject to real property taxation Kaya nga real property

taxation however kung na-master ninyo or kabisado ninyo yung ating discussion on im immobility Okay by destination ibig

sabihin yung mga personal properties na nagiging immovable dahil they are attached or installed to an immovable

then those fixtures and other personal properties that are similarly attached will be considered as real properties

therefore pwede silang maging subject of real property tax alr So okay na tayo sa background ngayon pag-usapan naman natin

ang ownership so is ownership ownership as defined in the Civil Code is the right to enjoy dispose and recover a

thing without further limitations than those established by law or the Will Of The owner ' ba Napakaganda ng definition

kasi napaka broad no napaka all encompassing kumbaga pag ownership no kaya kong gawin lahat dito sa property

na ito maliban or except those na na pinagbabawal no pinagbabawal ng batas o pinagbabawal ng ng will no ng may-ari

Okay so what are the incidental rights nito ownership as an owner What can I exercise over the property so obviously

as owner I have the right to enjoy including possession use fruits and to exclude others Kaya nga pwede ako

maglagay ng bakod doon sa property ko next is the right to dispose and this includes the right to destroy or abuse

Syempre alienate transform or encumber So ibig sabihin na encumber hindi po ito cucumber

and cer po ay ibig sabihin pwede ko po i-mag yan isanla pwede ko rin pong ah I paupahan no yan yan iyung mga

encumbrance doon sa property now Of course I have the right to recover the property whether the property was Uh

taken from me or conveyed legally um I have the right to recover that and the actions Uh available to me Are action

interdictal action publiciana and action reivindicatoria mamaya pag may chance pag-usapan natin yan alr So ano ba

usually yung mga limitations and ownership so these limitations are number one those imposed by law katulad

ng easement of waters and easement of right of way particularly dito sa waters ang naisip ko Iyung eastment of drainage

of waters So kung ang bahay mo ay mas mababa kaya doun sa kapitbahay mo so meron merong easement of drainage of

water sa lupa mo So Yung property coming from an elevated property and naturally flowing an Know to those Uh in a lower

elevation like your property should be allowed to flow so hindi mo pwedeng ibar or i-block yyung tubig na iyon So that's

a limitation impos by law wala kang magagawa doon ngayon yung iba nag-uusap na lang para gumawa sila ng kanal no

para maayos naman yung pag-follow ng tubig kayaa naman yung basta kung saan-saan na lang kumakalat yung tubig

dun sa Estate nung nasa baba Okay another easement is the eastment of right of way so if your property is

landlocked ibig sabihin enclosed Siya by other properties at wala kang access to a public Road then you have the right

kung ikaw yung may-ari nung nakulong na property you have the right to ask for an eent of right of way Through The

Other properties of your Neighbors no ngayon syempre may mga requisites or may mga standards yan no Hindi basta-basta

pwedeng humingi ng ng kalsada or ng espasyo doun sa property ng kapitbahay mo may mga standards Iyan ang

pinaka-importante diyan is Uh there should be a balance between the shortest distance no Uh between this landlocked

property to the public road and of course least prejudice ibig sabihin yung pinakamaliiit or pinakamababa damage

doon sa property na maapektuhan ng ism of right of way kaya agag hindi nagkasundo yung dalawang partido then

pwede silang pumunta sa korte at ang korte na ang magpapasya no kung saan at Gaano kalaki ang right of way now other

limitations are those imposed through the inherent power of the state such as the power of eminent domain the power of

Uh taxation as well as the police power so Itong mga powers na ito ay na Ay na Ayon or para sa kabutihan ng nakararami

so even if you're Uh the owner of a private property ah you cannot prevent the state from taking it or from

restricting your use of the property agag ito ay para sa kabutihan ng mas nakararami you know we are all part of

this Nation so we owe no a Duty to the nation na Uh we assist or help the nation in Uh making sure that the

welfare of Everyone is taken care of so yan yung mga eminent domain binabawasan Yung property mo para gawing kalsada

police power maypag may Ipinagbabawal ng mga negosyo may pinagbabawal din ng mga ah kagamitan no dahil nga nakakasama sa

sa public health ah public convenience etc Okay next would be limitations imposed by the granter or transferor so

pagka ang isang property ay dinonate no dinonate nung halimbawa ang tinatawag natin diyan ay donor no so so the donor

may impose restrictions on the property plus hindi lang restrictions pwede din conditions na kailangan ito pa rin nung

nakatanggap o yyung dony halimbawa nag-donate ng property si napakayaman na donor pero sabi niya kailangan within 5

years magtayo ka diyan ng eskwelahan So ikaw na doni akala mo kaya mo ng gawin lahat ng gusto mong gawin doun sa

property sorry ka hindi pwede dahil meron kang meron kang condition no meron kang responsibilidad na magtayo doon ng

eskwelahan within 5 years ngayon you Might Be wondering What could be done by or what will happen no ' hindi natupad

ung kison na yon well yung mga kamaganak kung buhay pa yung donor the donor can revoke the donation pag Patay na siya

yung mga kamag-anak niya yung mga tagapagmana niya ay pwedeng mag-file ng action for revocation pwede nilang

i-revo yon dahil hindi mo natupad yung pinapagawa sa iyo allright next would be inherent limitations arising from

conflict with other rights such as nuisance no So kung maingay maingay hindi ikaw ang maingay maingay yung

bahay Maingay kayo sa bahay niyo dahil sa pagvi-videoke Ah what else ah nagluluto kayo ng ah kung ano mo

niluluto niyo na may masangsang na amoy Or halimbawa Ah meron kayong mga structure sa labas ng bahay niyo no na

delikado para sa mga ibang motorista or sa mga taong dumadaan diyan Pwede pong ipagiba ipas sira at ipasara no ng

gobyerno yan per one to doon nuisance ang remedy na tawag doon ay abatement of nuisance okay now lastly would be

limitations imposed by the owner himself So ikaw na nagmamayari let's say gusto mong paupahan Iyung property mo then you

will be imposing limitations on your property kasi nga pinaupahan mo So therefore someone else has a better

right to the possession of the property at in fact pagka ginulo mo ang iyong lessy or your renter Pwede ka ring

sampahan ng forcible entry no plus d kasi Bakit mo siya ginugulo alr now speaking of ownership papaano ba

nagiging may-ari ang isang tao What are the modes of acquiring ownership so article

714 No I think it's article 719 or is it 712 check na lang natin Ayoko magkamali Okay Mabilis lang to

71 most 712 Okay article 712 of The Civil Code provides for the following modes of

acquiring ownership so we have occupation intellectual creation donation succession tradition or

delivery law and prescription now occupation however is limited only to personal property hindi pupwede Uh ang

real property ownership cannot be acquired over real property through occupation so obviously occupation here

is activity know hindi ito occupation na parang possession no yung pupwestuhan mo Yung property now meanwhile intellectual

creation which is Iyung Uh creative works no copyrights patents trademarks etc so they are acquired Once they are

created at the moment of creation meanwhile donation is Uh a contract or a conveyance whereby a person by

liberality you know conveys or gives away a property no and The Other party must accept it or the dony must accept

it succession is yung inheritance no pag may namatay yung mga tagapagmana niya nakukuha nila yung properties rights and

obligations nung namatay meile tradition or delivery ito yyung ah resulta ng mga kontrata tulad ng sale or um Ano ba

purchase no ang tawag sa sale ang ibang tawag sa sale you also have barter in fact assignment of Rights or assignment

of property can also be considered um a contract that will give rise to tradition or delivery ang tradition dito

hindi yung tradition na like passed on from generation to Generation tradition here means delivery Okay also law no

such as by accession Okay fruits naturally falling on land meron tayong batas diyan no ah pag accession ibig

sabihin yung karagdagang lupa no or karagdagang property as a result of natural or artificial means ang may-ari

non ay yung may-ari ng principal thing kung anong mas malaki kung kanino naka-attach yun siya na rin nagmamay-ari

nitong accession now fruits naturally falling on water on land ito yung pag halimbawa may puno ang kapitbahay mo

tapos may prutas siya nahulog sa lupa mo SAO na po yon pero habang hindi pa siya nahuhulog sa lupa mo hindi mo po pwedeng

sungkitin yan pwede mong sungkitin pag nagpaalam ka pero yung susungkitin mo na walang paalam Ay naku Pwede kang

sampahan ng theft o pag nanakaw doon so dapat naturally falling on on land All right now lastly prescription ito yung

paglipas ng ng um period of time no which can result in tinatawag nating acquisitive prescription nabanggit ko

kanina pagdating sa personal property the periods are 4 years and 8 years 4 years for ordinary prescription and 8

years for extraordinary prescription meanwhile for real property um It's Uh 10 and 30 10 years for ordinary

prescription and 30 years for extraordinary prescription Now you're wondering Ano ba ang mangyayari ano ba

dapat nangyari yung paglipas ng ng mga taon na yon dapat in possession Okay kaya yung sinasabi ng ng article 714

occupation here should refer only to the activity pag sinabi nating possession ang basis mo for acquiring rights of

ownership over the property it should be in accordance with the law on prescription ibig sabihin hindi enough

na doun ka nakapwesto ka ng ilang taon lang no dapat within or or for the minimum number of years prescribed by

law So ano yung tinatawag na ordinary at saka extraordinary prescription ordinary prescription pag good Faith ka Ibig

sabihin wala kang alam na may ibang nagmamay-ari nung lupa mo you have no knowledge or notice of any defect in

your title meanwhile pag extraordinary it doesn't necessarily mean butad Faith ha ibig sabihin pwedeng bad Faith Pwede

ka ring in good Faith eh Tapos hanggang 30 years yun pupwede good Faith pa rin yon So walang expiration walang maximum

period obviously ang good Faith pero or minimum period ang good Faith Pwede kang 10 years or 30 years Pero kung you're in

bad Faith ibig sabihin hindi mo may alam ka no na depekto doon sa titulo or doon sa ah karapatan mo doun sa property kasi

may ibang nagmamay-ari then you need to Uh dapat mag-google ka ng 30 years no para masabing you have the right of

ownership under Uh The Civil Code All right so with that Let's go to this concept of co-ownership so kasama to do

sa binanggit ko na bakit nga ba natin binabanggit itong co-ownership and how is this related to land titles and Deeds

now some properties are owned by more than one person and Uh it's not unusual na Bakit maraming na may mga nag share

over a property Uh This is entirely normal and later I will show you papaano nagkakaroon At

bakit nagkakaroon ng co-ownership but as defined para maintindihan natin kung ano ang co-ownership there is co-ownership

whenever the ownership of an undivided thing or right belongs to different persons So merong plurality of ownership

B sabihin more than one ang nagmamay-ari So what are the characteristics so sinabi ko kanina there's plurality of

owners so plurality of subjects Okay also Unity or material ind division ibig sabihin walang physical division ng

property iisang bagay lang ang pagmamayari nila which is not materially divided at least not yet because if it

is materially divided then co-ownership ends and they now become the owner of their respective portions or parts of

the former co-ownership now lastly there is a recognition of ideal shares which determines the rights and obligations of

the co-owners so itong recognition of ideal shares ibig sabihin either by agreement or by law no ah They would

have ideal shares and by law ang default diyan is equal shares kung Lima sila then that means tig 155th sila pero by

agreement they recognize the respective shares of one other so most probably merong ibang mas malaki ang share kaya d

sa iba now on the basis of this shares magiging iba-iba rin ang kanilang rights and obligations Although pare-parehas

sila ng rights pero yyung intensity magkaiba siguro mas malaki ang mas malaki ang ang karapatan or mas mas

malakas no ang power nung isa over Uh the Uh decision making at dahil nga mas malaki rin ang share mo doun sa property

ibig sabihin mas malaki din ang share mo sa gastos ' ba All right so Uh to answer my pending question earlier or pending

matter that I mentioned like How co-ownership is formed so a co-ownership is created by number one donation inter

vivos We also have by law occupation contract chance and succession ang pinaka-common dito is yyung succession

ibig sabihin yung inheritance no may isang tao ang namatay pero meron siyang asawa at mga anak pag namatay siya yung

mga ari-arian niya they become co-owned properties at ang mga co-owners ay yung asawa niya at yung kanyang mga anak

meanwhile Pwede rin by contract for example two or more persons they pull their money together to buy a property

So ngayon pagka nabili na nila yon tatlo na sila ang nagmamay-ari pag binili nila yun sa former owner At iisa lang yung

former owner So from a single or soul ownership naging co-ownership na siya ayan So basically it can be by law or by

contract yung law yun na yung succession no Okay so let's now talk about the rights of co-owners number one to use

the thing own in common subject to certain limitations also to share in the benefits also to benefit from

prescription if Uh hindi nila pagmamayari yyung property Wala pa silang titulo doon and later they apply

for registration on the ground of prescription hindi kailangang lahat sila in possession Pwede isa lang sa nila ang

in possession the other co-owners will benefit from the prescription already acquired by the Uh first of them Who was

in possession next is to alienate sell or mortgage his undivided interest naku dito medyo may controversy pa rin dito

no pero hindi natin pag-uusapan dito iyan unfortunately no um in in contract of sale or in the law on sales

napag-uusapan nian Anong epekto pag nagbenta ang isang co-owner ng specific portion ng property no so kasi ang batas

sinasabi undivided shares lang ang meron sila over the property no co-owner may sell a definite physical portion of the

property halimbawa apat kayo Hindi niyo pwede ibenta halimbawa may isang may isa sa kanila si co-owner a hindi niya pwede

ibenta yyung front left portion by let's say dividing the property into four tapos sabihin niya well ako ang panganay

or ako ang pinakamatanda or ako ang una dito sa property na to or ako ang may pinakamalaking naiambag dito sa property

na ito pu ako ang pipili ako ang ako ang main character dito hindi ganon no Kasi nga walang physical portion na pwedeng

ibenta while the property is under co-ownership they or the co-owners can only sell their physical portions after

partition or if they get the consent of all the co-owners ayan kasi nga ang rule pwede lang lang nilang ibenta or i-mag

ang kanilang undivided interest which is yung portion percentage etc but no physical portion would be sold now Next

is to substitute another in the enjoyment unless personal rights are affected So parang sa bis no pwedeng may

ibang tao na mag-enjoy ng property for and on your behalf unless personal rights lamang ang meron sila ibig

sabihin yung sila lang mismo ang pwedeng mag-exercise no may usapan sila na dapat tayo-tayo lang no from mula simula

hanggang sa huli Till death do us part So walang ibang pwedeng sumali sa atin or walang pwedeng mag-substitute or

ah ano tawag yan ah sorry hindi masyado sumalili Ano ba humalili pala sumalili humalili no sa isa sa atin or sa atin

dito alr Now the right to redeem a share of a co-owner if the latter sells the same again under the law on sales meron

tinatawag na legal Redemption by co-owners right so Ito naman yung mga obligations of co-owners well number one

to share in the charges in proportion to the interest of each in the co-ownership at saka to share in the expenses for

preservation so kailangan lahat non nag-aambag para sa preservation ng property kasi Ganon din naman kung ikaw

lang mag-isa ang owner ng property you would also be solely responsible for the expenses of preservation and maintenance

of the property including taxes Ayan So ngayon marami kayo mas maganda kasi marami kayo magshe-share no

maghahati-hati doun sa mga expenses All right but then Again the law does not encourage an a perpetual co-ownership So

that's why a co-ownership may be terminated no by law or by agreement of the parties So what are the grounds for

extinguishment of co-ownership so we have a consolidation or merger in one co-owner let's say one co-owner buys the

Uh interest or shares of the other co-owners also acquisitive prescription in favor of a third person or a co-owner

who repudiates the co-ownership again dito kasi dahil ah may publicly known owners so hindi pwedeng Good fai So doon

tayo sa extraordinary prescription no Okay so 30 years now meanwhile loss or Destruction of the property co-owned so

loss If You know no under um both obligations and contracts Uh Well in General law no the loss of the thing

extinguishes right and obligations over over the property now mean partition yun sinasabi ko no partition is an agreement

or even an Order of the court no dividing physically dividing the property and allocating or assigning

specific portions to the respective co-owners also expropriation when the state takes the property for public use

however Iyung just compensation na ibabayad ng government dun sa mga co-owners o dun sa nagmamay-ari yun ang

paghahatian ng mga co-owners according to their respective shares or according to their portion so yyung mga

percentages nila doon sa property and lastly termination of period agreed upon by the parties so as stated in article

494 of The Civil Code an agreement to keep the thing undivided should not Exceed 10 years Okay so when you let's

say buy a property as co-owners you have 10 years not to remain as co-owners however they can ex end it na by a new

agreement so pwedeng 1,000 years but every time you have to every time the 10 10 years expire then dapat um mag-renew

kayo ng mag-renew pero Papaano kung namatay na no yung mga co-owners so the rights in the co-ownership will be

transmitted to the airs so ang mang airs lang Ian ang mag-decide if they want to continue the co-ownership but

napakahirap niyan It's so difficult to keep up so what they can do sila Sila mismo they will execute um a definite

term no so 10 years and after that they partition or maybe they can Uh extend no habang meron pang buhay sa kanila for

another 10 but the death of any of the partners could be used as a ground to terminate the um ownership co-ownership

All right So okay extinguishment of co-ownership meron pang last no yung sale of property co-own Syempre pag

nabenta na nila yan yung proceed nung sale Yun ang paghahatian ng mga parties Okay so hito pala yung sinasabi kong

controversy no so andito yung mga rulings ng Supreme Court so una As I have mentioned earlier the sale of a

definite portion of a co-owned property requires the consent of all the co-owners but if meron ng partition

technically wala ng kailangang consent no Kasi nga nasa IO na binigay na in- locate na in-assign na SAO ung portion

na yan pwede mo na talaga ibenta but if that co-owner wants to sell a portion of a co-owned property then dapat may

consent of all the co-owners without the unanimous consent a co-owner can only convey his undivided Al quote interest

over a co-owned property he or she has no right to divide and thereafter convey definite portions thereof in fact in

this case cabrera versus Isaac The supreme court dubbed the the sale or considered the sale by a co owner of a

definite portion of the co-ownership as a void contract All right now in the case however of bulata versus eston nak

The supreme court said The Contract entered by the disposing co-owner is ineffective for lck of power in the

vendor to sell the specific portion described in the deed but makes room for a subsequent ratification of the

contract by The Other co-owners or validation in case the disposing co-owner subsequently acquires the

undivided or Pro indiviso interests of the other co-owners you see if you will remember in your obligations and

contracts may pagkakaiba ang void contract sa ineffective contract which By the way pag sinabi nating ineffective

that could be unenforceable no in the Uh for defective contracts no ang defective contracts natin are void voidable

resistible and unenforceable so Saan mo ipapasok doon yung ineffective obviously doun sa unfor

Bakit kasi capable of ratification now ang void contract hindi siya capable of ratification so Ang laki ng diperensya

no nung sinabi ng Supreme Court sa Bulatao na This is ineffective only ineffective ibig sabihin pwedeng i-a

nung mga co-owners after the sale so pag nalaman nila na nagbenta pala itong isang kasamahan nila they can all agree

na O sige it's okay ganon Benta mo na Ayan now ngayon or nabenta mo na pala So okay aan sana all May buyer ay meanwhile

doun sa una kahit na nalaman nila after the fact the sale would still remain void so therefore yyung nakabili Wala

talagang karapatan doon sa property Okay so yan yyung ano Uh development o legal Development now Next meron paang isa in

2022 the Supreme Court in ras versus Garcia said that um a co-owner may alienate an inate portion of the subject

property which belongs to him or her as Mere part owner he or she cannot alienate the shares of the other

co-owners the co-owner sale of the co-owned property will only affect his or her own share but not those of the

other co-owners Who did not consent to the sale kaya nga ang problema What if ang binenta mong physical portion is

sobra pala doon sa share mo kasi nga wala pang division eh ngayon hindi naman ganon kadali na i-divide mo siya

halimbawa apat kayo tapos para ka even if equal ang mga shares ninyo there must still be an agreement or decision

kung kanino yung portion na yon yung harap likod right side or left side di ba So kaya hindi po pwede katulad ng

sinabi ng cabrera versus cabrera versus isaak eh Hindi pwede na wala munang prior partition or consent ng mga

parties but then again remember na pupwede talagang ibenta ang sariling share pero papaano nga kung sumobra ka '

ba that's the lema kaya sabi ni Reyes versus Garcia the appropriate remedy in case of a sale of a specific porce or

definite porce of a property is not a nullification of the sale or for the recovery of the thing but a division of

the common property so pagka ganon ang sitwasyon may isa sa mga co-owners na nagbenta ng physical portion ng property

then huwag ianalyze proper remedy is partition so by by an action for partition the court will now

determine kung tama ba yung binenta or as far as the area is concerned and also the

Uh co-owners can also argue no kung yung portion ba na ion is para doon sa kasamahan nilang nagbenta or hindi para

sa kanya etc so only through partition will the situation or the Be resolved So Hindi agad-agad nullification I mean

hindi pwedeng nullification or or recovery of ownership kasi we have to recognize the right of the co-owner

meron talaga siyang karapatan to sell his share or his Uh in his undivided portion in the property Yun nga lang

Binigyan niya ng area no a physical kumbaga a physical form So yun ang ayusin natin yung physical form na yan

Ito ba wasto ba ito yan ang magiging issue sa partition action na i-file all right so with that let's now talk about

remedies to recover property remember what I said earlier that an owner has the right to recover the property so

These are the remedies so una action interdictal or a summary ejectment Proceeding which may be either for

forcible entry also called the tentation or unlawful detainer or Des huto for the recovery of physical or material

possession where the dispossession has not lasted for more than one year or and should be

brought in the proper inferior court or the first level court now action publ or the plenary action to recover the better

right of possession or possession the hure which should be brought in the proper inferior court or first level

court or the Regional trial court depending upon the value of the property when the dispossession has lasted for

more than one year or for less than a year in cases other than those mentioned in rule 70 of the rules of court yan so

next remedy would be action reivindicatoria or R vindicator action which is an action for recovery of

ownership which must be brought in the proper inferior court or Regional trial court again depending upon the value of

the property now lastly meron din tayong tinatawag na quieting of title and this is a remedy for the removal of any Cloud

or doubt or uncertainty on the title to real property by reason of any instrument record claim incumbrance or

Proceeding that is apparently valid or effective on its face but is in truth and in fact invalid ineffective voidable

or unenforceable and may be prejudicial to said title So the competent court is tasked to determine the respective

rights of the complainant and The Other claimants to place things in their proper place and to make the one who has

no rights to set immovable Uh respect and and not disturb The Other haba ng definition ng Supreme Court talaga pwede

ba simplehan Pwede po ang quality of title ay tinatawag din na removal of Cloud So kung ikaw ang may-ari ng

property or hindi ka nagmamay-ari ng property pero may isang nagmamay-ari or may isang nagke-claim no na may

umaangkin ng property na to tanungin mo Sino ka ba ay ano bang hawak mo yan So kung kin question mo ung kanyang

personality Kino question mo yyung kanyang papel na hawak Ayan ang ang ipa-file mo ay quieting of title or

removal of Cloud kasi yung kanyang presensya at kanyang papel No na hawak niya ay yun ay ang Cloud or Ang Ulap no

hindi ulap eh magandang ulap Eh siguro yun ang ano smug an yun ang i-consider natin yung smug na gusto mong i-clear no

So i-clear yung smug na yon Ngayon malalaman ngayon dito sa action for quality of title kung may karap Patan ba

talaga siya doun sa property na iyon Syempre ang issue diyan is Meron ba siyang title pero para magtagumpay ka sa

action na iyan if you're the plaintiff in an action for quality of title dapat ikaw din may titulo ka rin at ang

sinasabi mo mas malakas ang karapatan mo or titulo mo kesa dito sa titulo nitong Cloud or itong smug na ito smiggle smug

Ano ba yun sa Lord of the Rings Anyways okay na tayo doun sa mga remedies to recover proper ha at saka kanina

binanggit ko kung saan mo pfile yun Ngayon kung hindi niyo na na-take note yun paulit na lang nitong video na ito

alr next Who owns lands in the Philippines Andito na tayo sa tinatawag nating regalian doctrine because from

the state no emat all the rights to ownership in lands in the Philippines lands lang pero the right to property of

course is protected and recognized under the constitution Kaya nga sabi sa Article 3 Section 1 of the 1987

constitution no person shall be deprived of life Liberty or property without DU process of law ibig sabihin inherent na

sa atin no kumbaga pinanganak tayong meron na nitong karapatan to property Pero kung gusto mo ng lands in the

Philippines ay wala kang natural right Ano to own lands in the Philippines it should be um in accordance with the laws

of the Philippines or of the state na Bakit yung iba pinanganak ng properties na sila Teka lang yung mga properties ni

minan naman nila yon ibig sabihin yung mga ninuno nila ang nagpakahirap no at nagtiyaga na magkaroon ng lan the

Philippines at They were able to comply with the requirements of the law and so that's why They were issued certificates

of title to these properties which certificates of title were um carried on from generations to generations hanggang

dito sa friendship mong napakayaman ' ba All right so now let's discuss What is this regalian doctrine so all of the

public domain belong to the state and that the state is the source of any asserted right to ownership in land and

charged with the conservation of such patrimony Ayan so siya nagmamayari ng lands of the public domain now this

doctrine as a bit of history was first introduced by the Spaniards upon the Spanish conquest of the Philippines

ownership of alland territories and possessions in the Philippines passed to the Spanish crown o ' ba meron agad

tayong maiisip na Exception agad dito dahil ang regalian doctrine became ingrained only from the time the

Spaniards came so all lands that the Spaniards Uh started taking belong to Spanish crown and so moving forward Iyun

lang iyung mga na-carry over no So ibig sabihin yyung mga properties that were already private in nature meaning to say

those that were owned by our ancestors but the indigenous peoples and communities Hindi po kasama sa regalong

doctrine dahil bago pa man dumating ang mga Spaniards eh pagmamay-ari na ng ating mga katutubo ang mga properties na

iyan Okay so what lands belong to the public domain and those that are available for private ownership ' ba

sinabi ko no unang ah few minutes in this video sinabi ko na Uh for a thing to be considered property It must have

the the Cor the character or is it the characteristic the characteristic of

appropriation ibig sabihin it can be appropriated or owned we are referring to private ownership Kaya nga doun sa

isa sa mga examples hindi kasama sa property ang public Road because a public Road is Land of the public domain

not available for private ownership So ano Ong mga lands of the public domain muna Tingan muna natin yung M hindi

pupwede at saka ano naman yung pupwede alr so for the lands of the public domain Okay these lands are enumerated

in your Article 2 of the Uh constitution no so these are No not Article 2 article 12 of the constitution

I think article 12 section 2 now these are your forest lands agricultural lands timberlands mineral lands National Parks

ay so hanggang National Parks now these are obviously Devoted and Are by nature different from each other so forest

lands as the name suggests they are supposed to be forests so you have Flora and fauna in these areas also

agricultural lands are lands developed or capable of being developed for agriculture also timberlands Ayan

maraming mga puno diyan sa timberlands na yan also mineral lands so maraming mga minim minang mga minerals diyan mga

gems at saka mga mamahaling mga bato and then also you have National Parks or These are the

reservations no mga protected areas okay now of All These isa lang ang pwedeng maging subject of PR private ownership

yung pwedeng angkinin ng isang pribadong individwal and that is agricultural lands Okay so meanwhile take note that

the classification and reclassification of public lands into alienable or Uh disposable mineral or forest land is the

Exclusive prerogative of the executive department and exercised by the President or by the secretary of the DNR

So kaya yung mga classification na yon nag yun nagiging nagbabago-bago siya So um One Day A land may be classified as

forest land tapos because it doesn't Uh Uh act like anymore ibig sabihin hindi na siya nagse-serve na purpose niya as a

forest or too bad for the animals for the wild lives wildlife no pero Ganon talaga pagka hindi na siya supportive of

wildlife and it's no longer considered as a forest it can be converted and reclassified no as a pwedeng cultural

land pwede R Timberland etc so pwedeng ganon and that power or prerogative is given to the President as well as the

Department of environment and natural resources and take note that Mere possession by private individuals does

not create a presumption that the lands are alienable and disposable thus only agricultural lands can be alienated okay

mali ata dapat Inuna ko muna Ong itong ano third Bullet para tamang segway no so

of all the lands mentioned earlier only agricultural lands can be alienated however there must be a positive act on

the part of the state declaring the agricultural land as alienable and disposable so yanung tinatawag na a

certification that the land the public public agricultural land is alienable and disposable thus sabi ng Supreme

Court sa colado verus court of appeals Mere possession by private individuals of land does not create a presumption

that the lands are already alienable and disposable Okay kailangan may positive act on the part of the state okay now

meanwhile Ito naman Iyung lands of the public domain not subject to alienation based on article 420 of The Civil Code

and these are number one those for public use like roads parks and wares those for public service such as

government buildings and markets those for the development of the national wealth such as forest lands and mineral

lands So anong epekto nito if these properties or lands are classified or reserved for public use public service

and the development of National wealth clearly they cannot be alienated or leased or Otherwise be the subject

matter of contracts also they cannot be acquired by prescription against the state yung sinasabi nating ordinary

extraordinary prescription as a mode of acquiring ownership Aha Sorry hindi po pupwede yan ah sa state no hindi hindi

yan uubra sa state okay Dapat yung mga public agricultural lands lamang na alienable and disposable Okay na

pinag-uusapan natin ang ownership of public agricultural lands ang tanong ang mga afam ba Pwede ba silang mag may-ari

ng lupa dito sa Philippines so let's talk about the foreign ownership of lands so in krivenko versus Register of

deeds a 1947 case the Supreme Court observed that bago ang 1935 constitution pupwede pero after the 1935 constitution

and also under section 24 of the public land Act number 2874 Aliens could acquire public

agriculture lands can no longer Sorry can no longer acquire lands in the Philippines before

1935 constitution ataka dahil nga dito sa section 24 of public land Act number 2874 Aliens could acquire public

cultural lands used for industrial or residential purposes but after the 1935 constitution and under section 23 of ca

141 the right of aliens to acquire such kind of lands was completely stricken off undoubtedly in pursuance of the

constitutional limitation ano Iyung constitutional limitation sabi sa section 2 article 12 Uh this

agricultural resources shall be conserved in The Hands of Filipino citizens and na now yung pag allow sa

isang foreigner na to buy lands no even if secondarily ibig sabihin even after the land has already been titled you

know to a private individual it will defeat no the very purpose no of Uh the prohibition so the um Uh prohibition

applies no ah doun sa original acquisition and even to subsequent acquisitions so yan nasa constitution

kasi so bawal talaga kaya nga ' ba pagka pinag-usapan ang Chacha or charter change isa ito sa mga gusto nilang ah

Icha no gusto nilang palitan now we can't Uh obviously make a decision right now no whether that would be good for

the country if foreigners will be allowed to buy lands in the Philippines I think there should be a deeper study

all Uh sectors all experts both ano both legal pati non legal no Kasi nga itong usapin na' hindi lang to legal ang issue

eh dapat ang usapin nito Dapat i-consider rin natin ang environment i-consider rin natin ang potential or

lack of potential etc Kaya kailangan pag-usapan ito sa tamang panahon sa tamang lugar and with the right people

Okay so let's go to some cases in beumer versus amores it h that a foreigner who bought or who use this property to buy

Uh public lands in the Philippines cannot Seek reimbursement no Kung halimbawa Later on eh pinagbawal at

pinag pinawalang bisa Yung kanyang ah pagbili ng property na iyon hindi po siya entitled sa reimbursement kasi nga

in violation na siya ng constitutional prohibition So it held that the foreigner acquired no right whatsoever

over the subject properties by virtue of its unconstitutional purchase it said that equity Will Follow the law and will

not permit that to be done indirectly with because of public policy cannot be done directly So ibig sabihin hindi

pupwedeng um indirect violation no kumbaga hindi ka makabili ng property so ginamit mo

yung pera mo para yung iba say a Filipino Will buy the property for you that's already an indirect violation So

hindi ka makakalusot sa ganon you will be equally punished so to speak however take note na itong prohibition na to to

acquire lands in the Philippines does not apply to building and other improvements of the land So ibig sabihin

a foreigner can buy condominium units can buy buildings provided that the land is titled to a Filipino ayan So kaya

dito sa case ng buer versus amores mag-asawa sila so hindi pinayagan si bomer Mr bomer no to have a share in the

land no doon sa paghati paghati pagkahati paghahati ng property hindi siya binigyan ng chance na to get half

of it because was prohibited Bawal nga siya na mag may-ari no mag-ari ng ng property ng land in the Philippines pero

pinayagan siya na kumuha ng kalahati doon sa building na nakatayo doon sa land na or sa lupa na yon kasi hindi nga

naman kasama sa prohibition yung building Okay so I hope that's clear now in addition to that meron pang mga ibang

exceptions no so tulad ng number one property was acquired prior to the 1935 constitution as already discussed kanina

as discussed a Ken versus Register of deeds also property was acquired through hereditary succession provided that the

foreigner is a legal or compulsory air ibig sabihin Anak siya ako siya etc etc Yun bang hindi sa last wheel and

testament ang karapatan niya kundi by law All right also purchase of a unit or units in a condominium project subject

to 40% foreign ownership limit in the condominium Okay also purchase of land by a domestic corporation subject to 40%

foreign ownership rule pero the foreigner can enjoy use and benefit from the land and is entitled to receive his

proportionate share in the assets of the company pero hindi pwede Iyung land pa rin so the land will be sold and the

proceeds given to the foreigner also former natural born citizens who are now foreigners Maybe a transfery or a buyer

of private lands also transfer to a qualified Filipino ibig sabihin if land was inv validly transferred to an alien

who subsequently becomes a citizen or transfers it to a citizen then the flaw or the defect in the original regist

original transaction is considered cured and the title of the transfery is rendered valid Okay so Pagka hindi naman

inaksyunan or hindi napawalang visa yung pag-aari nung foreigner no nung land na iyon tapos ngayon binenta niya

subsequently Ayun Okay na kasi nga bumalik na sa Pilipino Yun naman ung sinabi ng Supreme Court dun sa krivenko

eh na ang dahilan kung bakit ang konstitusyon ay pinagbabawal ang pagbigay or pag ah pag allow no or or

pag ano ba pag pahintulot sa isang foreigner no na maka-one ng land sa the Philippines is baka wala ng lands o wala

ng lupa na pwedeng ariin ng mga Pilipino so Pero in that situation ag in the meantime no nagkaroon ng ng ng period na

the land was owned by a foreigner but if it was transferred sub subsequently to a Filipino then the purpose of the

constitution is Served so balik sa Pilipino yung lupa Ayan so land for the Filipinos Okay so now we can discuss the

major legislations on Land Registration anan okay pa ba tayo diyan o ' ba pansin niyo walang posp

ito kaya talaga Lord thank you very much for the gift of Ano ba

ah tiaga or patience and perseverance and of course Thank you for the gift of the voice no and also Syempre for the

gift of the Mind sig lang consistent bikit sa kayo utak Okay Anyway so let's discuss No but but it's okay you can

pause this video If you like you can watch this straight and It's okay but then Yun na nga take note that walang

masasayang dito walang itatapon kayong isang segundo dito sa aking lecture even the ads no so please don't skip the ads

Well of course sinip niyo naman yan so wala akong pakil Anyway Anyway those ads will help me of course make more videos

for you Ayan All right so let's discuss the major legislations on Land Registration first of course is the

Commonwealth Act 141 or the public land act governed by the modes of Uh acquiring lands of the public domain and

prescribing the procedures therefore also Act number 496 or The Land Registration Act established which

established the toren system of registration in the country creating a comprehensive and harmonious system for

the creation and transfer of titles and interests It also created a court of Land Registration and then we have

presidential decree number 1529 or the property registration decree and this is the more popular Uh land legislation No

because it codified the previous laws relative to the registration of property and we have of course itong pinakabago

no at ito ang dahilan kung bakit k ginawa Ong video na to at ito ang Republic Act number 1173 and this was

approved last July 16 2021 and This law amended yyung Commonwealth Act number 141 yung unang-una and then also your PD

1529 so pag-uusapan natin yan mamaya Okay Now let's talk about the torrent system So this torrent system is

basically a system of recording no um ownership over lands and also transactions affecting lands already

registered so As conceived It is a system whereby a person who claims to be the fee owner files an application to

have the land placed in his name on the Register of titles his application is scrutinized Whether it passes certain

tests if it passes the tests ibig sabihin as far as ownership procedure for titling etc then a certificate of

title is issued Describing the nature of his Estate and his certificate vests in him or her an indef title this

certificate of there After becomes the basis of Future transactions affecting the property about gets now the purpose

of adopt aor system in our jurisdiction is to guarantee The integrity of land titles and to protect their

indivisibility once the claim of ownership is established and recognized pag mo indivisible hindi mo siya Hindi

mo siya maat Hindi mo siya ma-challenge Hindi mo siya magigiba It's indivisible hindi mo siya matatalo Ayan This is to

avoid any possible conflicts of title that may arise by giving the public the right to rely upon the face of the

torrence title and dispense with the need of inquiring further as to the ownership of the property pag andyan na

iyung titulo Hindi mo na kailangan mag personal verification or mag personal investigation para lang malaman malaman

mo kung sino talaga ang may-ari kasi andun na kasi ang pangalan niya sa title that's the point of the torrent system

now who are the government agencies or What government agencies are involved in Land Registration So you have of course

the courts Uh with respect to Uh judicial confirmation or judicial registration and of course the

Department of environment and natural resources for the administrative registration naman na tinatawag nating

free patents and then of course the line registration authority which issues the decree of registration Ito naman was it

was created under PD 1529 and under the executive supervision of the Department of

and lastly you have the register ofs which is established for each province or city and it serves as public

repository of titles and records of instruments affecting registered or unregistered lands and Shuttle mortgages

at saka iung personal security contracts or agreements okay now according to Commonwealth Act number 141 or the

public land act a person may acquire title to public agricultural land in the following ways so una for homestead

settlement or homestead patent also by sale by lease and by confirmation of imperfect or incomplete titles ibig

sabihin Nong ano kasi ito yung laging na-confuse yyung mga estudyante ko e bakit tinatawag na imperfect or

incomplete title kaya si imperfect or incomplete kasi ang kulang doon is Public or government or state

recognition Yun lang talaga ang kulang kaya through judicial confirmation through the courts the court will

and acknowledge na ikaw na nga ang mayari meanwhile for administrative legalization naman or free patent ang

ang administrative or executive branch ang magre na ayan Meron ka ng titulo and with judicial confirmation at saka

administrative legalization magiging perfect ka na ' ba parang tumalsik pa yung laway ko doon okay perfect Ayan so

Anyway that Kaya nga di ba by confirmation of imperfect or incomplete titles magiging perfect na ang title mo

All right So what is homestead patent So it is a mode of acquiring alienable and disposable lands of the public domain

for agricultural purposes condition upon actual cultivation and Residence no So kaya kailangan talaga may actual

cultivation ka diyan at ah kailangan yun ang dahilan kung bakit ka naga-apply no Kasi nga ah sasakahin mo ba saka Ayan

saka o basta you are cultivating it noo Ah so citizens of the Philippines at least 18 years old or head of the family

and not an owner of more than 12 hectares of land pursuant to the 1987 constitution may apply for a homestead

pattern also the homestead patent application shall be filed with the DNR senro What is senro the community

environment and natural resources office where the land being applied for is located doon aapplyan yan Okay so next

is sales patent It is a patent issued for the type of application covering lands of the public domain for

agricultural or residential purposes as provided under the public land act Anyway so as the name suggests it's a

sales patent So you buy it from the state Now meanwhile you have least application and it is a type of

application for the lease of alienable and disposable lands of the public domain and patrimonial property of the

government disposable for agricultural purposes under the existing law now Uh so these are your choices other than

free patent and Uh judicial confirmation So lahat ito sa DNR to no sa DNR Uh aapplyan etc so If You're watching me