What is a TITLE?
A title refers to the legal right to own a property and the certificate of title is the document which confers such right of ownership to an individual, association or corporation.
How can one acquire TITLE?
For original registration, when no title has yet been issued over a parcel of land, it can be acquired either by:
1. Judicial proceedings – by filing petition for registration in Court.
2. Administrative proceedings – filing an appropriate application for patent (e.g. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds.
In subsequent registration of Title, what are necessary to effect the same?
Transfer of title is effected by executing a document such as deed of sale wherein the registered owner (seller) transfer the ownership to a buyer. The capital gains tax and other taxes must be paid before clearance can be secured from the BIR. This will be submitted to the Register of Deeds concerned, together with the title which will be surrendered for issuance of a new title in the name of the buyer.
Subsequent registration of title is a function and jurisdiction of the Register of Deeds under the LRA as the land involved is already a private property outside the jurisdiction of the DENR.
In case the registered owner dies, how can ownership be transferred to the heirs?
When a registered owner died without leaving a last will and testament, the heirs can transfer the title to themselves by executing an extra-judicial settlement of the estate, on condition that the heirs are in agreement of how to
dispose the properties. If there is conflict and heirs can not agree, they should
bring a case before the court which will make a decision for them.
Is possession the same as ownership? Who are informal settlers??
No. Possession means actual and exclusive control of property by physical occupation and this could be in good faith or in bad faith. On the other hand, ownership implies the legal right of possession, control and enjoyment by the owner who has established evidence that he owns the property.
Informal settlers are those in possession of land without the benefit of a title and without consent of the owner. Their possession is not permanent and has no legal basis for occupation. The possessor must strive to acquire title to the land before his possession can become permanent.
In cases where there are conflicting claims, who shall have a better right?
In cases where both claimants have no title, there are many factors to consider
like actual possession. The one who occupies the land especially in good faith has
better right as against someone with doubtful documents or has recently acquired
rights without knowledge of the one in possession. However, all factors must be
fully evaluated to determine preferential rights….
TITLING OF LANDS:
For purposes of legal research of foreign readers visiting this blog, on the subject of the legal system involving the titling of public lands in the Philippines, may I share some basic readings thereon as published in the website of the Department of Environment and Natural Resources (www.lmb.denr.gov.ph). I have also added a relevant 1999 Supreme Court decision on the same subject matter.
Frequently Asked Questions:
How can one acquire TITLE?
For original registration, when no title has yet been issued over a parcel
of land, it can be acquired either by:
1. Judicial proceedings – by filing petition for registration in Court.
2. Administrative proceedings – filing an appropriate application for
patent (e.g. homestead) in the Administrative body (DENR) and
registration of this patent becomes the basis for issuance of the
Original Certificate of Title by the Register of Deeds.
What are the main classification of lands as to ownership?
1. Private properties – those which are titled.
2. Public lands – those which have not been titled as
well as those public dominion or outside the commerce
of man such as road, public plaza and rivers.
What are Public Lands?
All Lands that are not acquired by private person or corporation, either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or not registered to private individual are public land. These are
grouped into:
1. Alienable or disposable (A & D Lands) – those that can be acquired or issued title. Our constitution provides that only agricultural lands can be disposed of to private citizens.
2. Non-alienable lands – includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within this area.
What are the modes of disposition or how can one acquire title over A&D lands? The modes are:
1. by Homestead Patent
2. by Sales Patent
3. by Lease
4. By Free Patent or Administrative legalization
What are the evidence or proof of ownership over a parcel of land?
The best evidence of ownership is the certificate of title duly issued by the Register of Deeds concerned. However, in the absence of a title, tax
declaration coupled by actual possession and existence of improvement also substantiate claim for ownership.
FREE PATENT
A free patent is a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural purposes, thru the administrative confirmation of imperfect and incomplete title. Agricultural public lands classified as alienable and disposable are subject for disposition under Free Patent.
The applicant for a free patent must comply with the following qualifications:
1. He must be a natural born citizen of the Philippines.
2. He must not be the owner of more than twelve (12) hectares of land.
3. The land must have been occupied and cultivated for at least thirty (30) years prior to April 16, 1990 by the applicant or his predecessors-in-interest and shall have paid the real estate tax thereon.
4. A minor can apply for a free patent, provided he is duly represented by his natural parents or legal guardian and has been occupying and cultivating the area applied for either by himself or his predecessor-in-interest
The following are the steps leading to the approval and issuance of a free patent:
1. Filing of application;
2. Investigation;
3. Posting of notice for two (2) consecutive weeks in the provincial capitol or municipal building and barangay hall concerned;
4. Order of approval of application and issuance of patent;
5. Preparation of Patent in Judicial Form 54 and 54-D and the technical description duly transcribed at the back thereof;
6. Transmittal of the Free Patent to the Register of Deeds concerned for the issuance of the corresponding Original Certificate of Title.
