Outline notes in Land Titles and Deeds
A.
Classification
of Lands
1.
According
to the Constitution
i.
Lands of
the Public domain
1.
Agricultural: may be further classified by law
according to the uses to which they may be devoted. Alienable lands of the
public domain shall be limited to agricultural lands.
2.
forest or timber (Applicable law: Revised
Forestry code of 1975)
3.
mineral lands (Applicable law: Philippine Mining
Act of 1995)
4.
national parks. (National Integrated Protection
Areas Act of 1992)
ii.
Private
lands
1.
Those who can own private lands: At least 60% of
the capital of which is owned by Filipino Citizens (Sec. 7, Art. XII, 1987
Constitution).
2.
Restricted as to extent reasonably necessary to
enable it to carry out purpose for which it was created
3.
If
engaged in agriculture, it is restricted to 1,024 hectares
4.
Filipino citizens are entitled to acquire and
own lands or real estate in the Philippines, whether private or public. This
right is enshrined and guaranteed to citizens of the Philippines in the
Philippine Constitution and other pertinent Philippine laws. (Article XII,
National Economy and Patrimony).
5.
These also include those lands of the public
domain which have been acquired from the government by purchase or grant by
qualified Filipino individuals as well as those which have been in the possession
of the occupant and his predecessors-in-interest since time immemorial.
6.
Private lands may be in the nature of
·
residential (lot, house & lot, condominium
units, townhouses etc),
·
commercial (lots, office buildings, commercial
spaces etc.)
·
industrial (warehouses, factories, plants, etc)
and
·
agricultural lands (ricelands, farm lands or
estates, forest farms, etc.)
iii.
Patrimonial
property of the state
1.
Lease (cannot own land of the public domain) for
25 years renewable for another 25 years
2.
Limited to 1,000 hectares
3.
Applies to both Filipinos and foreign
corporations
2.
Public
Land Act
i.
Disposable
lands
1.
Lands reclaimed by the Government by dredging,
filling, or other means;
2.
Foreshore;
3.
Marshy lands or lands covered with water
bordering upon the shores or banks of navigable lakes or rivers;
4.
Lands not included in any of the foregoing
classes.
ii.
lands of
the public domain
1.
alienable or disposable lands - sub-classify ed
according to the use or purposes to which such lands are destined as follows:
·
Agricultural;
·
Residential, commercial, industrial, or for
similar productive purposes;
·
Educational, charitable, or other similar
purposes;
·
Reservations for town sites and for public and
quasipublic uses
(Disposable Lands)
2.
timber
lands
3.
mineral
land
·
If patent or title is issued – void ab initio for lack of jurisdiction
·
Not
subject to acquisitive prescription; even if in possession for long time, will
not ripen into ownership
·
Except: mineral lands and forest lands
acquired before inauguration of Commonwealth in November 15, 1935; vested
rights which are protected
