Land Manuel Title V Gr Registration Application Possession

X.

Manuel was born on 12 March 1940 in a 1,000-square meter property where he grew up helping his father, Michael, cultivate the land. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 1935, but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the concept of an owner and his stay was uncontested by others. He has also conscientiously and continuously paid the realty taxes on the land.

Michael died in 2000 and Manuel - as Michael's only son and heir - now wants to secure and register title to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land and secure its registration in his name.

(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action. (4%)

(B) What do you have to prove to secure Manuel's objectives and what documentation are necessary? (4%)

SUGGESTED ANSWER:

I would advise Manuel to file an application for registration under Sec. 14 of Pres. Decree No. 1529, or the Property Registration Decree, specifically Section 14(1) which requires (a) that the land applied for forms part of the alienable and disposable (A&D) portion of the public domain, and (b) that the applicant has been in open, continuous and notorious possession and occupation thereof under a bona fide claim of ownership since June 12, 1945, or earlier.  However, it is only necessary that the land is already declared A & D land "at the time the application for registration is filed" (Malabanan v. Republic, GR No. 180067, June 30, 2009).

Manuel could also invoke Sec. 14(2) of the same Decree, which allows registration through ordinary acquisitive prescription for thirty years, provided, however, that the land is "patrimonial" in character, i.e. already declared by the government (a) as A & D land, and (b) no longer needed for public use or public service(Malabanan, supra).

Manuel could also file an application for "confirmation of imperfect or incomplete title" through judicial legalization under Section 48(b) of CA No. 141, or the Public Land Act.  But, as held in Malabanan, there is no substantial difference between this provision and Section 14(1) of the PRD.  Both refer to agricultural lands already classified as alienable and disposable at the time the application is filed, and require possession and occupation since June 12, 1945.  The only difference is that under the PRD, there already exists a title which is to be confirmed, whereas under the PLA, the presumption is that land is still public land.  (Republic v. Aquino, GR No. L-33983, January 27, 1983).

Manuel may also invoke vested rights acquired under RA 1942, dated June 2, 1957, which amended Sec. 48(b) of the PLA by providing for a prescriptive period of thirty years for judicial confirmation of imperfect title.  It must only be demonstrated that possession and occupation commenced on January 24, 1947 and the 30-year period was completed prior to the effectivity of PD No. 1073 on January 25, 1977.  PD No. 1073 now requires possession and occupation since June 12, 1945 (Republic v. Espinosa, GR No. 171514, July 18, 2012).

Another alternative is for Manuel to secure title through administrative proceedings under the homestead or free patent provisions of the PLA.  The title issued has the same efficacy and validity as a title issued through judicial proceedings, but with the limitation that the land cannot be sold or disposed of within 5 years from the issuance of patent (Sec. 118 CA No. 141 as amended).