envi law reviewer udc

8/12/2019 Envi Law Reviewer UDC

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NATURAL AND ENVIRONMENTAL LAW REVIEWER

Carl Sagan- an astrophysicist who wrote a book in 1994 about his travel to space via Voyager I; he

then took a picture of the earth (our home) which appeared to be a pale blue dot within the vast of

infinite universe.

Over centuries, man has believed that our earth is infinite; in terms of resources and sustainability.

However, because of mans exploitation of its resources, we are now facing the consequences of our

greed: (GEOFED)

a.)devastating floods

b.)global warming (greenhouse gases)

c.)extreme weather conditions

d.)overfished oceans

e.)denuded forests

f.) ENVIRONMENTAL DEGRADATION

Association of Small Landowners in the Philippines V. SEC of Agrarian Reform- Earth is the

Giver of Life. (Hercules V. Antaeus)

Climate Change-Most serious and pervasive threat to the environment

- It will aggravate the complex problems of development that we struggle with today like

poverty, food, security, and water availability that threaten to ignite large-scale political and social

upheavals.

1972 Stockholm Declaration- foundation of modern international environmental law

- first widely accepted international effort to address environmentalissues.

1982 Brundtland Commissions Report- espoused the concept of SUSTAINABLE

DEVELOPMENT; necessary link between the environment and economic development.

1992 United Nations Convention on the Environment and Development (UNCED)- It led to the

RIO DECLARATION on the Environment and Development as well as AGENDA 21- our

generations BLUEPRINT on environment.

Copenhagen Report- non-binding deal short on concrete steps against global warming, butsignalling a new start for rich-poor cooperation on climate change.

September 11, 2009 Manila Declaration on Resources Efficient and Green Industry (MDREGI)-

a non-binding document signed by more than 20 Asian Countries which promotes low-carbon

business systems and operations.

OTHER INTERNATIONAL AGREEMENTS: (KUVI)

1. Kyoto Protocol

2. UNCLOS

3. Vienna Convention for the Protection of the Ozone Layer4. International Tropical Timber Agreement of 1983


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Philippine Environmental Laws

A. Constitutional Provisions (1, 2(15,16), 12(2,5), 13 (7) )

Article 1

The national territory comprises the Philippine archipelago, with all the islands and waters

embraced therein, and all other territories over which the Philippines has sovereignty or

jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the

seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between,

and connecting the islands of the archipelago, regardless of their breadth and dimensions, form

part of the internal waters of the Philippines.

Art. 2, Sec. 15

The State shall protect and promote the right to health of the people and instill health

consciousness among them.

Article 2, Sec. 16

The State shall protect and advance the rights of the people to a balanced and healthful

ecology in accord with the rhythm and harmony of nature.

Art. 12, Sec. 2

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural

resources are owned by the State. With the exception of agricultural lands, all other natural

resources shall not be alienated. The exploration, development, and utilization of natural resources

shall be under the full control and supervision of the State. The State may directly undertake such

activities, or it may enter into co-production, joint venture, or production-sharing agreements with

Filipino citizens, or corporations or associations at least sixty per centum of whose capital is

owned by such citizens. Such agreements may be for a period not exceeding twenty-five years,

renewable for not more than twenty-five years, and under such terms and conditions as may be

provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses

other than the development of water power, beneficial use may be the measure and limit of thegrant.

The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and

exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as

well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers,

lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving eithertechnical or financial assistance for large-scale exploration, development, and utilization of

minerals, petroleum, and other mineral oils according to the general terms and conditions provided


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by law, based on real contributions to the economic growth and general welfare of the country. In

such agreements, the State shall promote the development and use of local scientific and technical

resources.

Article 12, Sec. 5

The State, subject to the provisions of this Constitution and national development policies and

programs, shall protect the rights of indigenous cultural communities to their ancestral lands to

ensure their economic, social, and cultural well-being.

Article 13, Sec. 7

The State shall protect the rights of subsistence fishermen, especially of local communities, to the

preferential use of the communal marine and fishing resources, both inland and offshore. It shall

provide support to such fishermen through appropriate technology and research, adequate

financial, production, and marketing assistance, and other services. The State shall also protect,

develop, and conserve such resources. The protection shall extend to offshore fishing grounds of

subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their

labor in the utilization of marine and fishing resources.

B. LAWS AND ADMINISTRATIVE ISSUANCES (E2NF2MI2A-W2EC2LBRT) f2e2mi2na

w2ec2lbrt

a. Philippine Environmental Policy- mandated the formulation of an intensive, integrated program

of environmental protection.

b. Philippine Environment Code- the basic policy on the management land conservation of thecountrys natural resources; provides for the development of standards and management

framework for the following areas of concern: 1. air quality, 2. water quality and 3. land use

MANAGEMENT.

c. National Integrated Protected Areas System (NIPAS)- provides for the integrated management

of all declared protected areas in the country.

d. The Revised Forestry Code- governing law on forestry

e. Law on Requiring the planting of trees in certain places and penalising unauthorised cutting or

destruction thereof.

f. Philippine Fisheries Code- basic law on fisheries management and utilisation

g. Philippine Mining Act- principal law on mining in the Philippines; provides that all mineralresources are owned by the State, and aims to promote their rational exploration, development,

utilisation and conservation.

h. Indigenous Peoples Rights Act(IPRA)- Art. 12, Sec. 5 of the Consti.

i. Philippine Clean Air Act- provides of a national program of air pollution management and

prevention

j. Philippine Clean Water Act- streamline processes and procedures in the prevention, control and

abatement of pollution of the countrys water resources.

k. Ecological Solid Waste Management Act- aims to adopt a systematic, comprehensive and

ecological solid waste management program to ensure protection of public health and

environmentl. Wildlife Resources Conservation and Protection Act- declares as policy the States power to

conserve wildlife resources and their habitats for sustainability


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m. Chain Saw Act

n. Laguna Lake Development Authority

o. Environmental Impact Statement System- was established as a planning tool to avoid or

minimize adverse environmental impact of projects of government and private entities.

p. Biofuels Act- provides for the mandatory use of biofuels to help lessen emission of GHGs

q. Climate Change Act of 2009- establishes a Climate Commission which shall be the policy-

making body of the government tasked to coordinate, monitor and evaluate the programs and

action plans of the gov.

r. Philippine Risk Reduction and Management Act of 2010

s. Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990- seeks to regulate or

prohibit the importation, use and disposal of chemical substances that present unreasonable risk

to health or the environment.

C. Rules of Procedure

Rules of Procedure for Environmental Cases- (April 29, 2010) the landmark rule of procedure in

environmental litigation is a significant catalyst in support of far-reaching and sweeping reforms in

environmental justice and protection, and implements the power of Supreme Court (Art. 8, Sec. 5,

Par. 5) promulgate rules concerning the protection and enforcement of constitutional rights

Objectives:

a. Art. 2, Sec. 16

b. Art. 8, Sec. 5, par. 5

c. to introduce and adopt innovations and best practices ensuring effective enforcement of

remedies and redress for violation of envi. laws

d. to enable the courts to monitor and exact compliance with orders and judgements in envi.cases.

Features:LC3DTRS2

a. Locus standi has been liberalised

b. citizen suits are encouraged

c. continuous trial

d. disallowance of filing certain delay-prone pleadings

e. prohibiting TRO-Govt.

f. referral of issues to panel of experts

g. proscribing stay of judgmentsh. citizens arrest

i. seizure or items (of the crime)

WRIT OF KALIKASAN- authorises the court, where the violation or threatened violation results in

destruction or damage of such magnitude as to impair and deprive the right of the people to a

balanced and healthful ecology, to direct the respondent to immediately desist from undertaking

activities.

C.A. No 141 or the Public Land Act- enacted Nov. 7, 1936, applies to lands of public domain (friar

lands and those privately owned by the govt.)

History (see the book) Act 926-Act 2874 (Sec. 103 of PD 1529)-CA 141


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Regalian Doctrine- all lands of the public domain belong to the State. (Art. 12, Sec. 2)

- The Exploration, Development and Utilization (EDU) of natural resources shall be

under the full control and supervision of the State

- Once minerals are discovered in the land (public/private), whatever the use to

which it is being devoted at the time, such use may be discontinued by the State to enable it to

extract the minerals therein in the exercise of its sovereign prerogative.

IMPERIUM V. DOMINIUM

Imperium- the government authority possessed by the State which is appropriately embraced in the

concept of sovereignty

Dominium- capacity to own or acquire property.

- the use of this term is appropriate with lands held by the State in its proprietary character.

- foundation of Jura Regalia which means ALL LANDS WERE HELD FROM THE

CROWN.

NOTE:No public land can be acquired by private persons without any grant, express or implied,

from the government; it is INDISPENSABLE that there be a showing of TITLE from the State

(Homestead sale, or Free Patent or Grant)

Ancestral Lands- occupied, possessed, and utilised residential lots, rices terraces or paddies, private

forests, swidden farms and tree lots by the indigenous peoples from time immemorial to the present

Ancestral Domain- defined as areas generally belonging to the indigenous peoples including

ancestral lands.

(CRUZ V. SEC. OF ENR on IPRA)

Presidential Proclamations- reserving certain lands of public domain for specific public purposes

have the character of official assertions of ownership, and the presumption is that they have been

issued by right of sovereignty and in the exercise of the States dominical authority. (Regalian

doctrine Art. 12, Sec 2)

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES- shall be in charge of

carrying out the States constitutional mandate to control and supervise the exploration,

development, utilisation and conservation of the countrys natural resources.

-C.A. 141 provides that the SEC. is the executive officer charged with carrying out the

provisions of the Public Land Act, through theDirector of Lands- who shall act under his control.

* The Dir. of Lands shall have direct executive control of the survey, classification, lease, sale or

any other form of concession or disposition and management of the lands of public domain; hisdecisions as to QUESTIONS OF FACTshall be concussive when approved by the Sec. of ENR

absent showing of Fraud, Imposition, Mistake.


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Lands Management Bureau- created pursuant to EO No. 192 and has absorbed the functions of

the then Bureau of Lands except those powers transferred to the regional field offices.

*The regional offices of the then Bureau of Forest Development, Bureau of Mines and Geosciences

and Bureau of Lands in each of the 13 administrative regions are now integrated into the

Departnment-wide Regional Environment and Natural Resources Officeof the Dept. A Regional

Office is headed by aReg. Exec. Dir assisted by 5 Technical directors.

* A decision of the Dir. of Lands, although approved by the Dep. Sec, on a QUESTION OF LAW,

is in no sense conclusive upon the courts, but is subject to review.

Doctrine of Primary Jurisdiction- illustrates that the courts cannot and will not resolve a

controversy involving a question which is within the jurisdiction of an administrative tribunal most

esp. in cases involving determination of technical and intricate matters of fact.

Exhaustion of Administrative remedies- as a general rule, recourse through court action cannot

prosper until ALL REMEDIES have been exhausted at the administrative level. However, it does

not affect the jurisdiction of the court but simply deprives the party a cause of action.

The doctrine does not apply: (VPIEISUNPRU)vi2ep2ru2ns

1. When there is a violation of due process

2. When the issue involved is purely a legal question

3. when the administrative action is patently illegal = lack or excess of jurisdiction

4. when there is estoppel on the part of the administrative agency concerned

5. when there is irreparable injury6. when the respondent is a department sec. (alter ego of Pres.)

7. when to exhaust adm. rem. would be unreasonable

8. when it amounts to nullification of a claim

9. when the subject matter is a private land

10. When the rule does not provide plain, speedy and adequate remedy

11. urgency of judicial intervention

CLASSIFICATION OF LANDS

May either be:a. Lands of public dominion(either alienable or inalienable)

b. Lands of private domain (lands belonging to and owned by the State as a private

individual, without being devoted for public use, public service, or the dev. of national wealth)

Under the Civil Code:

a. Properties of Public dominion- intended for public use= roads, canals, rivers etc.

b. Patrimonial Properties- those other than the properties of public dominion or former

properties of the public dominion that are no longer intended for public use/service.

Under the Constitution:

a. Agricultural


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b. Forest/Timber

c. Mineral Lands

d. National Parks

Note: Public lands=Public Land Act; Timber and Mineral lands= Special laws

Reclassificationof lands belong to the Exec. Branch of the Govt. and not the courts.

The President, upon recommendation of the DENR Sec., shall form time to time declare

what lands are open to disposition or concession under the Act.

*Sec. 6 of PLA classifies lands of PUBLIC DOMAIN:

a. alienable or disposable

a.1 Agricultural

a.2 Residential, commercial, industrial

a.3 Educational, charitable

a.4 reservations for town sites and for public and quasi-public uses

b. timber

c. mineral lands

*Public Agricultural Lands under the Constitution only means that all lands which are neither

timber or mineral lands fall under the term (residential, commercial etc.)

Proclamation NO. 1064- classified Boracay into 200 hectares of reserved forest and 628.9 hectares

agricultural land.

*Government Land V. Public Land- Former not only includes the latter, but also other lands of the

government already reserved or devoted to public use or subject to private right.

NOTE:Unless the public land is shown to have been reclassified or alienated to a private person by

the State, it remains part of the inalienable public domain. Occupation thereof in the concept of

owner, no matter how long, cannot ripen into ownership and be registered as a title.

Specific Modes of Disposition:

Public Lands suitable for agricultural purposes can be disposed of only as follows:

A. homestead settlement

REQ:

1. Any citizen of the Phil. over 18 or Head of a family

2. May enter to homestead of NOT MORE than 12 hectares

3. must have cultivated and improved at least 1/5 continuously since the approval of the

application

4. resided for at least one year

5. payment of required fee

EFFECT OF COMPLIANCE- the applicant acquires vested interest therein, and is to be regarded

as the equitable owner thereof.


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- a perfected homestead is a property right.

TRANSFER OF RIGHTS- an applicant who, through no fault of him, could not continue with the

homestead, and there is a bona fide purchaser for the rights and improvements of the applicant, the

latter could succeed the rights and obligations of the former with the previous approval of the

Director of Lands.

*Any person who has transferred rights MAY not apply again for another homestead; any

TRANSFER of rights WITHOUT previous approval of the Dir. of Lands shall be NULL AND

VOID.

B. sale

REQ:

1. Any citizen of the Phil. of lawful age or Head of a family

2. May purchase any track of public agricultural land of NOT MORE than 12 hectares

(Sealed Bidding)

3. Paid in full or NOT MORE THAN 10 equal installments from date of award

4. Cultivated at least 1/5 of the land within 5 years

5. Before any patent is issued, actual occupancy, cultivation and improvement of at least 1/5

of the land

*After cultivation and upon approval of the Sec. of ENR, the owner may convey/encumber the land

to others provided:

1. it does not affect any right or interest of the government in the land

2. the transferee is not delinquent in payment of any instalment

Any encumbrance without the approval of the Sec, shall be null and void and shall revert everything

to the State.

C. lease

REQ:

1. Any citizen of the Phil. of lawful age or any corporation/association (60% of stock wholly

belongs to filipinos)2. May lease any track of public agricultural land of NOT MORE 1,000 hectares

(Corporation) 500 hectares (private persons)

3. Lease shall be effective for 25 years, renewable for not more than 25 years.

4. Broken and cultivated at least 1/3 of the land within 5 years; in case ofpasture- graze on

the land and occupy at lease 1/2 of the entire area with 1 head per hectare rate)

D. confirmation of imperfect or incomplete titles

d.1 judicial legalisation

REQ:


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1. Any citizen of the Phil.

2. Occupying lands of public domainor claiming to own such lands/interest therein and the

titles have not been perfected/completed

4. apply to the RTC of the province land for issuance of title under the Property Registration

Decree (proper court)

NOTE: APPLICATIONS for registration shall be heard in the Regional Trial Court in the same

manner and shall be subject to the same procedure as established in the Property Registration

Decree.

Notice shall be forwarded to the Dir. of Lands and documents to the Clerk of Sol. General

for its discretionary investigation.

HOWEVER, the MTC/MCTC/MET may hear cadastral or land registration cases:

a. where the lot is not subject of controversy or opposition

b. where the lot is contested but the value thereof does not exceed P100,000.00, such

value to be ascertained by the affidavit of the claimant or by the agreement of the respective

claimants, if there be more than one, or from the corresponding tax declaration of the real property.

5. open, continuous, exclusive and notorious POSSESSION AND OCCUPATIONof lands

of public domain under bone fide claim of acquisition or ownership SINCE JUNE 12, 1945.

d.2. administrative legalisation (free patent)

REQ:

1. those who by themselves or predecessors have been in open, continuous, exclusive and

notorious POSSESSION AND OCCUPATIONof lands of public domain under bone fide claim ofacquisition or ownership SINCE JUNE 12, 1945.

2. Presumed to have performed all the conditions essential to a Grant.

*In case ofNational Cultural communities- OPEN possession and occupation for at least 30 years

shall be entitled a grant.

* Under RA No. 9176, all lands zoned as residential lands may now be disposed of by means of a

free patent under the provisions of said Act. The application for the lands must be supported by:

a. survey plan approved by Sec. ENR

b. Affidavit of 2 disinterested persons residing in the barangay, city or municipality wherethe land is located to effect the applicants/predecessors occupation and possession for at least 10

YEARS.

PERIOD OF POSSESSION- JUNE 12, 1945 OR EARLIER

Under R.A. 9176, the application for judicial confirmation of imperfect or incomplete titles

was extended until Dec. 31, 2020 but limited to only 12 hectares of land.

NOTE:What the law requires in Rep. V. CA and Naguit is that the property sought to be registered

is ALREADY ALIENABLE AND DISPOSABLE AT THE TIME THE APPLICATION FORREGISTRATION OF TITLE IS FILED and does not require that the lands should have been

alienable and disposable during the entire period of possession.


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But, this rule is NOT applicable in lands which are timber/mineral/forest/national parks/lands since

the mentioned are not capable of being owned by private person and NON-REGISTRABLE.

The words ALIENATION, DISPOSITION AND CONCESSION= methods authorised by the PLA

for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or

mineral lands.

NON-REGISTRABLE PROPERTIES:(PFWM3N2FLRCS)

1. Property of Public Dominion

a. intended for public use

b. without being for public use, and are intended for some public service or for the

development of the national wealth.

c. patrimonial property

Water Code of the Phil.:

a. rivers and their natural beds

b. continuous or intermittent waters of springs and brooks running in their natural beds and

the beds themselves

c. natural lakes and lagoons

d. all other categories of surface waters such as water flowing over lands, water from rainfall

whether natural, or artificial, and water from agriculture run-off, seepage and drainage.

e. atmospheric waterf. subterranean or ground waters

g. sea water.

2. Forest Lands

- does not necessarily refer to a large tract of wooded land or an expanse covered by dense

growth of trees and underbrush; they do not have to be mountainous or in out of the way place.

- if a land forms part of a Public Forest, possession thereof, however long, cannot convert it

into private property as it is within the exclusive jurisdiction of the Bureau of Forest Development

and beyond the power and jurisdiction of the registration court.

3. Watersheds

-is a kind of natural resource

-an area drained by a river and its tributaries and enclosed by a boundary or divide which

separates it from adjacent watersheds.

4. Mangrove Swamps

- a community of intertidal plants including all species of trees, shrubs, vines, and herbs

found on coasts, swamps or border camps (MANGLARES).

5. Mineral Lands

-area where mineral sources are found


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- mineral resources= concentration of mineral/rocks with potential economic value.

6. National Parks

- land reserved for a national park (Ex. Bataan Natural Park)

- lands declared under NIPAS

7. Military/Naval Reservation

8. Foreshore Lands and reclaimed lands

- that strip of land that lies between the high and low water marks and that is alternately wet

and dry according to the flow of the tide.

-that the foreshore area had beed reclaimed does not remove it from its classification of

foreshore area subject to the preferential right to lease of the littoral owner.

9. Submerged Areas

- only when actually reclaimed from the sea can theses submerged areas be classified as

public, agricultural lands.

10. Lakes

-lands located at and below the maximum lake level of elevation of the Laguna de Bay are

public lands and form part of the bed of said lake.

11. Navigable rivers

12. Creeks- a recess or arm extending from a river and participating in the ebb and flow of the sea.

-Under the Civil Code, the creek including its natural bed, is property of the public domain.

13. Reservations for public and semi-public purposes

- Under CA 141 the President may designate by proclamation (upon the recommendation of

the DENR Sec.), any tract/s of land of public domain as RESERVATIONS for public/quasi public

interest.

-Under Administrative Code, the President shall also have the power to reserve for

settlement or public use etc any of the lands of public domain or even those which are on thecategory of private domain of the government.

- Under the PLA, the President shall also have the power to classify lands from one class to

another.

WHERE APPLICANT HAS ACQUIRED RIGHT TO GOVERNMENT GRANT

- Where the conditions in the PLA are complied with, the possessor is deemed to have

acquired, by operation of law, a RIGHT TO A GRANT, without the necessity of the public domain,

and beyond the authority of the Director to dispose of.

-The application for confirmation is a mere formality.


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VESTED RIGHTS CANNOT BE IMPAIRED BY SUBSEQUENT LAW

- Right is vested when the right to enjoyment, present or prospective, has become the

property of some particular person or persons as a present interest- become fixed and established

AND IS NO LONGER OPEN TO DOUBT OR CONTROVERSY.

- Therefore, the State may NOT IMPAIR VESTED RIGHT BY LEGISLATIVE

ENACTMENTS except in exercise of POLICE POWER.

NOTE:Burden of Proof in registration cases rests on the applicant.

JUDGMENT

-If the court finds more than one person or claimant has an interest in the land, the same

must resolve and award the land to whoever is deserving. HOWEVER, if none of the parties is

entitled to the land OR if the awardee lack legal qualifications, the decision shall be in FAVOR OF

THE GOVERNMENT.

-If there is a decree denying the petition for registration of one who claims real ownership,

future action is not res judicata and does not operate as a bar to the proceedings with new evidence.

The denial is not an AUTOMATIC GRANT of ownership to the one from whom the proceeding is

being directed (disturbed person).

-On the other hand, an order DENYING registration does not automatically entitle the

oppositor to have the property. He must prove that he himself is the owner.

-The Judgement, when it becomes final, shall be certified by the Clerk of Court to the Dir. of

Lands, with the copy of the said decision/decree. The final decree of the court shall be the basis forthe original certificate of title.

DISPOSABLE LANDS under PLA Sec. 59, Title III (LFMD)

a. Lands reclaimed by the Govt by dredging, filling or other means

b. Foreshore

c. Marshy lands or lands covered with water bordering upon the shores or banks of

navigable lakes or rivers.

d. lands not included in any of the foregoing classes.Req:

d.1 purchaser shall make improvements of PERMANENT CHARACTER and

appropriate for which the land is purchased

d.2 shall commence work thereon within 6 months from the receipt of the award

d.3 complete construction of said improvements within 18 months from the date of

such award.

d.4 Purchase price shall be paid in cash or in equal installments not exceeding 10

OTHERWISE, THE SEC. OF ENR MAY RESCIND THE CONTRACT


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Note:At the expiration of the lease or of any extension of the same, all improvements made by the

lessee, his heirs, executors, administrators, successor, o assigns shall become the property of the

Government.

InLu do and Lu YM Corp. V Aznar Brothers Realty Co., it was held that failure to comply with the

condition for the construction of improvement does not automatically give rise to the rescission of

the lease contract for the Sec. f ENR may waive the recession arising from a violation of the

conditions of subsection (d), or extend the time within which the construction of the improvement

shall be commenced and completed.

* Lands for residential, commercial or industrial purposes shall be disposed of through oral bidding;

exception (DIRECT SALE)

-SEALED bidding in case the application is a former grantee of a competent authority and

has made improvement on the land.

PRIVATE SALE could be made instead of bidding under RA 730 provided that

a. applicant is qualified

b. the area is not more than 1000 sq. meters.

1.)A filipino citizen, 2.) who is NOT the owner of a home lot in the city/municipality etc and

who has in 3.) good faith established his residence on a parcel of the public land and 4) has

constructed his house thereon and and actually resided shall be GIVEN PREFERENCE.

Under RA No. 274, lands within the military reservations, when declared by the President to be no

longer for military purposes, may be subdivided by Dir. of Lands and give priority to bona fide

occupants, then war veterans, for SALE of the said lands.

Under the PLA, the President, upon recommendation of the Sec. of ENR, may execute contracts in

favour of the province, municipality or other branch of the gov.t if the same shall need land for:

A. educational

B. Charitable

C. or other similar purposes

Cemeteries, Churches, colleges, universities etc may be constructed thereon inline with the purpose

for which it is asked for concession. They should not be subject to encumbrance because if

otherwise, the SEc. may rescind the contract.

It also provides that if there is a need to have a new town, the Sec. of ENR shall direct the Dir. of

lands for survey and send the same with his recommendations to the former. The Sec. in turn shall

recommend the same to the President.

Special Patent

- is a patent to grant, cede and convey full ownership of alienable and disposable lands

formerly covered by a reservation or lands of the public domain and is issued upon the

promulgation of a 1. SPECIAL LAW OR ACT OF CONGRESS OR 2. BY THE SEC. OF ENR AS

AUTHORIZED BY AN EXEC. ORDER OF THE PRESIDENT.-Examples: Reclaimed Islands known as the FREEDOM ISLANDS located in Manila Bay.


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REGISTRATION OF PATENT IS THE OPERATIVE ACT TO CONVEY THE LAND

-Once a public land is alienated, granted or conveyed by the gov.t, it is now the duty of the

issuing agency to cause the same to be filed and registered with the Register of Deeds, whereupon

an owners duplicate cert. of title shall be issued to the patentee or grantee.

-It is the ACT of registration that conveys or affects the land, and binds third persons.

CERTIFICATE OF TITLE under the Torrens System aims to obviate possible conflicts of title by

giving the public the right to rely upon the face of the Torrens Cert- which shall give the owner

PEACE OF MIND that he would be secured in his ownership as long as he has not voluntarily

disposed of any right over the covered land.

A public land patent- when registered in the corresponding registry of deeds is a veritable torrent

title and becomes as indefeasible as a torrent title upon the expiration of one year from the date of

its issuance.

DATE OF ISSUANCE OF PATENT CORRESPONDS to the issuance of the decree in ordinary

registration cases

- it was held that the date of issuance of the patent corresponds to the date of the issuance of

the decree in ordinary registration cases because the decree finally awards the land applied for

registration to the party entitle to it.

-After 1 year from the issuance of the patent, the same is no longer open to review on the

ground of actual fraud.

-The title CANNOT be defeated by adverse, open and notorious possession neither can it be

subject of prescription and collateral attack.

CADASTRAL PROCEEDINGS (Cadastral Act No. 2259= Sec. 53 of PLA)- is a system of registration which constitutes another mode of bringing lands under the

operation of the torrens title.

-a cadastral petition is nature of a proceeding in rem, promoted by the Dir. of lands,

somewhat akin to a judicial inquiry and investigation leading to a judicial decree.

- it is the government which initiates a cadastral case, compelling all claimants in a

municipality to LITIGATE AGAINST ONE ANOTHER regarding their respective claims of

ownership. The principal aim is to settle as much as possible, all disputes over land and to remove

all clouds over land title, as far as practicable, in a community.

FRIAR LANDS-purchased by the government for sale to actual settlers and occupants at the tie said lands

were acquired by the govt pursuant to Act NO. 1120 (Friar Lands Act).

-The approval of the Sec. is indispensable in sale of Friar Lands

- Upon final instalment together with all accrued interests, the government shall then issue a

FINAL DEED OF CONVEYANCE in favour of the purchaser. The purchaser, even at the time

when the payment is not made in full, is the beneficial party and the equitable title is in the

purchaser.

IT IS THE DUTY OF DIRECTOR OF LANDS

-to conduct the investigate of any alleged fraud in securing a free patent and thecorresponding title to a public land and to file the corresponding court action for the reversion of the

same to the State, if the facts disclosed in the odours of such investigation should so warrant.


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- the indefeasibility of a title over land previously public is not a bar to an investigation by

the director of Lands as to how such title has been acquired if the purpose of such investigations to

determine whether or not fraud had been committed in securing such title in order that the

appropriate action for reversion may be filed by the government (Sec. 101 of the PLA) to be

represented by the Office of the Solicitor General (Administrative Code) despite the fact of

indefeasibility of the title.

-misrepresentations are sufficient grounds to nullify the grant of the patent and title.

Action for Nullity of land titles V. Reversion

Action for Nullity- requires allegation of the plaintiffs ownership of the contested lot prior to the

issuance of such free patent and certificate of title as well as the defendants fraud or mistake as the

case may be, in successfully obtaining theses documents of title over the parcel of land claimed by

plaintiff.

Reversion- the pertinent allegations as to the character of ownership of the realty whose title is

sought to be nullified would admit State ownership of the disputed land.

When Reversion is improper

- it is improper for the government to file an action for reversion of land wen in fact that

said land, at the time for the issuance of the patent was no longer a part of the public domain,

having been adjudicated as private property of another person. Nullification of the same would not

result in reversion but remains private property.

-that although one person may enjoy the fruits of of fraud, there is a doctrine that a

FRAUDULENT TITLE AY BE THE ROOT OF A VALID TITLE IN THE NMAE OF AN

INNOCENT BUYER OFR VALE AND IN GOOD FAITH.

Private party cannot bring an action for reversion

- a private party may not bring an action for reversion with the result that the land covered

thereby will again form part of the public domain.

-even if the parcel were declared reverted to the public domain, that party does not

automatically become the owner thereof. He is a mere public land applicant like others wo might

apply for the same.

When private party may bring an action for cancellation of title

- it is proper for a private party to file an action for cancellation of certificate title as whenhe claims ownership of the land AS PRIVATE PROPERTY by virtue of long period of possession

and that he has been wrongfully deprived of such land through filing in the court; which may direct

the defendant, the registered owner, to RECONVEYthe parcel of land to the plaintiff who has been

found to be the true owner thereof.

- the remedy of the landowner whose property has been wrongfully or erroneously

registered in anothers name AFTER ONE YEAR of the decree is not TO SET ASIDE the decree

but to bring an ORDINARY ACTION in ordinary action in the ordinary court of justice for

reconveyance or, ir the property has passed into the hands of an innocent purchaser, for value, for

damages.

Action for reversion not barred by prescription and laches


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Except in cases of hereditary succession, no land or any portion thereof originally acquired under

the free patent, homestead, or individual sale provisions of this Act, or any permanent improvement

on such land, shall be transferred or assigned to any individual, nor shall such land or any

permanent improvement thereon be leased to such individual,when the area of said land, added to

that of his own, shall exceed one hundred and forty-four hectares. Any transfer, assignment, or

lease made in violation hereto shall be null and void. (As amended by Com. Act No. 615)

Sec. 124. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in

violation of any of the provisions of sectionsone hundred and eighteen, one hundred and twenty,

one hundred and twenty-one, one .hundred and twenty-two, and one hundred twenty-three of this

Act shall be unlawful and null and void from its execution and shall produce the effect of annulling

and canceling the grant, title, patent, or permit originally issued, recognized or confirmed, actually

or presumptively, and cause the reversion of the property and its improvements to the State.

POLICY OF THE LAW

-the prohibition has the purpose of giving the homesteader or patentee every chance to

PRESERVE for himself and his family the land that the State had gratuitously given him as a

reward for his labor in cleaning and cultivating it.

- the legislative policy is strong an consistent that the original period of five years from the

issuance of the patent, within which period conveyance or sale thereof by the homesteader or his

heirs was prohibited is now extended to 25 YEARS if no approval of the Sec. ENR with a provision

that REPURCHASEof the homestead when properly sold by the homesteader within 5 years of

the date of sale; if the conveyance of the property is through no fault of his owns.

5-YEAR PROHIBITION

-the prohibition to alienate commences to run from the date the APPLICATION is approved;

which may be a date earlier than the date of issuance of the patent.

-from the date of approval of the applicationup to and including the 5th year from and

after the date of the issuance of the patent/grant.

-patent is considered issued once the order for its issuance is promulgated and therefore, the

prohibition is computed from this date and NOT from the date of REGISTRATION with registry of

deeds or from the dare of the certificate of title.

NOTE:Requirement for approval of the SEC. ENR is merely DIRECTORY, and its absence doesnot invalidate any alienation, transfer or conveyance of the homestead after 5 years and before 25

year period. Such approval MAY BE SECURED AT ANY TIME IN THE FUTURE.

AGREEMENTS WHICH ARE CONSIDERED A CIRCUMVENTION OF THE LAW

- IN A CASE, a homesteader sold a 2-hectare portion of the homestead to the plaintiffs on theunderstanding that the actual conveyance of the said portion would be made only after the lapse

of the 5-year prohibitory period, the agreement is clearly ILLEGAL AND VOID AB INITIO.

- It does not distinguish between EXECUTORY and CONSUMMATED sale.


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- Even if only a PART of the property has been sold or alienated within the prohibited period, suchalienation is a sufficient cause FOR THE REVERSION OF THE WHOLE ESTATE TO THE

STATE.

Sec. 119. Every conveyance of land acquired under the free patent or homestead provisions, when

proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of

five years from the date of the conveyance.

-When the patentee-vendor is still living, he has the right to repurchase, otherwise, his

widow or his legal heirs have the right.

-the reason is to give the homesteader a chance to preserve himself what the State has

gratuitously given him and to promote policy to provide home and decent living for restitutes,

aimed at promoting a lass of independent small landholders which is the bulwark of peace and

order.

-the right to REPURCHASE cannot be waived except in cases which are highly speculative

(reconveyance to future sale for greater profit).

*The 5-year period for legal redemption starts from the DATE OF THE EXECUTION OF

THE DEED SALE not from the date of registration in the ROD.

- While sale or donation of the land in violation of PLA shall case the reversion of the

property, the heirs of the grantor are not precludedfrom suing to have the alienation declared

void, for their right to the possession of the land is superior to that of the transferee in the void

alienation .

CONTENTS OF APPLICATION (Abbreviated)

1. Full name, age, citizenship, place of birth, civil status and post-office add. of the applicant /corporations etc= articles of incorporation etc.

2. has all the qualifications

3. none of the disqualifications

4. application is made in good faith for the purpose for which it is applied

5. exclusive benefit of the applicant

6. accurate description of the location of the property

7. whether all or part of the land is occupied or cultivated or improved, and by whom

8. that the land is neither timber or mineral land and does not contain guano or deposits of salts or

coal.

NOTE:the statements made in the application are essential conditions and any false statements

therein shall ipso facto produce the cancellation of the concession, title, or permit granted.

It is the duty of Director of lands to investigate for the purpose of ascertaining whether the

material facts set out in the application are true.

Any person, corporation or association may FILE AN OBJECTIONunder oath to any application

or concession under the Act grounded on any reason sufficient for the denial or cancellation of the

application or denial of the patent or grant.

Any owner of uncultivated agricultural land who KNOWINGLY permits application for theproperty without protesting within a period of 1 year after cultivation has begun, shall lose ALL


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RIGHTS to the part of the land so cultivated and improves; UNLESS he shall bring action in the

proper court for recovery or indemnity.

PETITION FOR REVIEW (FRAUD)

Fraud is of 2 kinds:

a. Actual - or positive fraud proceeds from an intentional deception practiced by means of

the misrepresentation or concealment of a material fact.

b. Constructive- detrimental effect upon public interests and public or private confidence,

even though the act is not done with an actual design to commit positive fraud or injury upon other

persons.

c. Extrinsic-employed to deprive parties of their day in court and thus prevent them from

asserting their right to the property registered in the name of the applicant

d. Intrinsic-where the fraudulent acts pertain to an issue involved in the original action, or

where the acts constituting the fraud were or could have been litigated therein.

NOTE: Relief will not be granted where the alleged fraud goes into the merits of the case is intrinsic

and not collateral AND has been decided and controverted.

ex.: fraud consisted in the presentation at the trial of a supposed forged document/perjured

testimony

judgment on a fraudulent compromise agreement

fraudulent acts or omission of the counsel which prevented the per. from properly presenting

the case.

SUCCESSION

- if the applicant shall DIE before the issuance of the patent/final front OR during the life of

the LEASE OR while he still has obligations towards the government, he shall be SUCCEEDED in

his rights and obligations with respect to the land applied/leased by his HEIRS IN LAW and be

entitled the grant or lease if shown to have complied with the requirements of the law.

USE OF LANDS FOR PUBLIC USE

- if at any time after the approval of the application, or issuance of the grant, or the life ofthe lease or when the applicant still has standing obligations to the government over a parcel of

public land, and that the property is deemed to be necessary for public use, the SEC. ENR may

order for the non-approval of the application, or non-issuance of the grant.

NOTE: ALL NATURAL RESOURCES belong to the ownership of the State.

Land subject to public servitudes; RIGHT OF WAY

- lands acquired by virtue of the provisions of PLA are subject to public servitudes and right

of way NOT EXCEEDING 20 METERS.

GENERAL RULE: private corporations/associations are DISQUALIFIED from ACQUIRING

ALIENABLE LANDS OF PUBLIC DOMAIN except by LEASE


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*EXCEPTION: if the land acquired by the corporation is no longer of public property/

domain.

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