March 10, 2000

DENR MEMORANDUM CIRCULAR NO. 06-00

SUBJECT : Guidelines in the Disposition of Cases of Fake and Illegal

Titles

The process involved in the disposition of the reported cases of fake

and illegal titling is as follows:
1. The CENR/PENR Officer who submitted a listing of cases of
fake and illegal titles within his territorial jurisdiction must
undertake the documentation thereof which involves:
a. Conduct of field investigation to substantiate and
confirm the reported finding that the title of a particular
piece of land is fake or illegal for covering forest,
mineral, proclaimed/reserved areas, national parks, and
other inalienable lands of the public domain;
b. Gathering of the relevant land
classification/projection/cadastral maps showing that
the land involved falls within the inalienable and non-
disposable area; papers/documents evidencing release;
certification of status;
DCHIAS

c. Preparation of certified copies of land application,

approval, order for issuance of patent and patent
issued as well as certified copies of original certificate
of title issued pursuant thereto and derivative title;
d. Procurement of other relevant papers/documents
which can serve as additional evidence such as
Presidential Proclamation, Executive Order, Forest
Administrative Order, etc. in certified form.
If for any reason, any required paper/document cannot be obtained, an
explanation why the same cannot be obtained should be submitted, and the
name of person having custody thereof. It must be stressed that unless the
required court action is instituted, all these reported cases of illegal titling
would remain mere statistics.
Once documentation is completed, the CENRO/PENRO concerned shall
transmit the individual folder/record of each case to the Assistant Regional
Director (ARED) for Legal for preparation of the complaint. The case record
should be in accordance with the format attached hereto as ANNEX "A".
DOCUMENTATION OF THE CASE
This refers to the determination of availability and collation of papers,
records and other documents necessary to support the complaint. Involved
in this phase is the gathering of the following basic papers/documents
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 showing how the title was issued, to wit:
1. Public land application filed for the land, the title of which is
to be cancelled; HEacAS

2. Approval of the application;

3. Order of issuance of patent;
4. Patent issued;
5. In case the land was involved in claims and conflict, the
protest filed;
6. The report of investigation conducted relative to
claims/conflicts;
7. Certified copies of the original certificate of title (OCT) issued
by virtue of the patent and all derivative titles emanating
therefrom and documents supporting them must be secured
from the Registry of Deeds concerned;
8. If there is any doubt as to the classification of the land, a
final field verification should be ordered and a report thereon
shall categorically state the classification thereof by L.C. Map
No., Project No., Block No., Date of Certification. Copies of
L.C. Maps and other survey records/papers such as
certification of status/classification must be attached to the
report. ADECcI

COMPLAINT
Cancellation or annulment of title and reversion have been
interchangeably used. The nomenclature of the action is not material or
significant; both tread on the same causes of action and produce the same
results.
It is to be noted that in Republic v. Animas, 56 SCRA 499, it was held
that "the defense of indefeasibility of a certificate of title issued pursuant to
a free patent does not lie against the state in an action for reversion of the
land covered thereby when such land is part of a public forest or a forest
reservation".
If there is sufficient ground and evidence to support the complaint, the
same may now be prepared adhering as much as possible to the format
attached hereto as annex "B";
Complaint for cancellation/annulment of title based on patent must set
forth the ground/reason therefor which may be any or a combination of the
following:
1. The defendant has not occupied, possessed and cultivated
the land applied for the required period of time in the
concept of owner and in the manner required by law,
meaning, openly, publicly, notoriously, continuously and
adversely in cases of free patent;

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 2. The land titled in favor of defendant has not been classified
as alienable and disposable and is therefore still within the
unclassified zone; EcATDH

3. The land in question is forest or timberland;

4. The land in question is part of a military or civil reservation;
5. The land in question is a foreshore or swampland;
6. The land is part of navigable river, streams or creek;
7. The land is part of a street or public highway;
8. The land in question is already covered by previous title
which is still subsisting and on file with the registry;
9. The applicant has no absolute title nor an incomplete or
imperfect right which could be registered and confirmed
under Act 496, P.D. 1529 and C.A. 141;
10. The plan of the land differs from the documentary evidence
of the applicant;
11. That defendant's patent/title was procured through fraud
and misrepresentation;
12. That the land covers or is part of expanded area brought
about by a series of subdivision surveys;
13. That the acquisition, conveyance, alienation, transfer or
contract is in violation of Sections 118, 121, 122 and 123 of
the Public Land Act. HETDAa

EVIDENCE IN CANCELLATION OF TITLE/REVERSION SUIT

1. Presidential proclamation, Executive Order reserving the
land as forest reserve, military reservation, national park and
watershed, etc.;
2. Land classification maps, certification of proper authorities,
Order of release issued by Department Secretary, Forestry
Administrative Order, cadastral maps showing navigable
rivers, streams and creeks, street and public highway;
3. Map of reservation showing relative portion of the land in
question;
4. Investigation report of land investigator and other competent
official indicating or stating the true character of land as
foreshore swamp or marsh, etc.;
5. Testimonial evidence of investigator or competent witness
who personally knows the facts;
6. The application, order of approval order of issuance of
patent, original certificate of title issued and derivative titles;
7. Contracts, conveyances, documents of alienation,
subdivision plans and survey used indicating expansion in
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 areas;
All papers, documents, maps, plans, contracts etc. submitted as
evidence must be duly certified by authorized officials. acCTSE

As soon as the complaint is finalized, the corresponding case record

shall be forwarded to the Regional Director concerned for signature of the
Verification and transmittal of the case to the Office of the Solicitor General
through the Assistant Secretary for Lands and Chair of Task Force Anti-Fake
Titles for final review and action.

(SGD.) ANTONIO H. CERILLES

Secretary
Recommending Approval:

(SGD.) PAULA DEFENSOR

Assistant Secretary
Lands and Legislative Affairs
Chair, Task Force Anti-Fake and Illegal Titles
ANNEX A
Format for reporting in the documentation of cases of fake/illegal titles
Relative to the documentation of the reported cases of fake/illegal titles
within your respective areas of responsibility, provided hereunder is the format to
be used in reporting your accomplishment in said activity. The format shall have
five (5) parts, namely:
FACTS : Statement of how the land was titled, specifically the
means and the officials who made the same possible.

APPLICABLE LAW : Statement of the law used as legal basis for titling and
whether or not its application was proper and in order.

RECOMMENDATION: Statement of the reporter's stand why the subject title

has to be cancelled. ATCEIc

ANALYSIS : The legal recommendation/decision after

considering/studying the evidence gathered on the
matter.

ATTACHMENTS : Certified photocopies of the following documents shall be

annexed in this sequence:
1. Original Certificate of Title
2. All subsequent transfer certificates of title derived
from OCT
3. The documents used as basis for issuance of the
TCT
4. The patent, by virtue of which the OCT was issued
5. The public land application, pursuant to which the
patent was issued
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 6. The LC map, Cad. Map, Project Map showing that
the land, subject of the title is not alienable and
disposable
7. Other relevant documents
For strict observance by all concerned.
ANNEX B
Republic of the Philippines
Regional Trial Court
(City/Province, Br. No.)
CIVIL CASE NO. ____
FOR: CANCELLATION OF TITLE AND/OR REVERSION
REPUBLIC OF THE PHILIPPINES, plaintiff, vs. JUAN DE LA CRUZ, PEDRO
CRISTOBAL, AND THE REGISTER OF DEEDS OF ZAMBOANGA CITY,
defendants.
COMPLAINT
COMES NOW Plaintiff, Republic of the Philippines, represented by the
Director, Lands Management Bureau/Regional Executive Director, DENR-Regional
Office No. IX, Zamboanga City, through the undersigned counsel and unto this
Honorable Court, respectfully alleges:
1. Plaintiff is a sovereign political entity, with capacity to sue and in
whom absolute ownership of all lands of the public domain is vested in the
concept of jura regalia (Hrs. of Pendatum v. Director, 59 Phil 600). It may be
served with judicial processes of this Honorable Court through the Solicitor
General at 134 Amorsolo St., Legaspi Village, Makati City; SECcIH

2. Defendants are all of legal age, with capacity to sue and be sued and
may be served with summons and other judicial processes at the following
addresses;
a) Juan dela Cruz - (St., Dist., City)
b) Pedro Cristobal - (St., Dist., City)
c) Register of Deeds - Zamboanga City
3. That on the basis of the Free Patent Application Nos. (IX-1) 567 and
No. (IX-1) 567-A of defendants dela Cruz and Cristobal for lots 1 and 2 of Psu-09-
000050 situated in Zamboanga City and upon their representation that they are
entitled to a free patent grant over the aforementioned lots, the Director of Lands
approved said applications, entered on order for issuance of patent and
ultimately, issued Free Patent Nos. (IX-1) 1001 and 1002, therefor respectively;
4. That the aforesaid patents were transmitted to the Register of Deeds
of Zamboanga City for registration and issuance of certificate of title pursuant to
Section 122 of Act 496 (now P.D. 1529) and accordingly, Original Certificate of
Titles 5111 and 5112 were issued to Juan dela Cruz and Pedro Cristobal,
respectively;
5. That upon subsequent investigation conducted by a representative of
this Office, it was found that the lands covered by OCT Nos. 5111 and 5112 were
swampland and therefore not susceptible of acquisition under the Free Patent
provision of the Public Land Act nor did defendants have the required
possession/cultivation therein;
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 6. That defendants did not have absolute title to the property nor any
imperfect or incomplete title which can be registered under Act 496 and C.A. 141,
otherwise known as the Land Registration Act and Public Land Act, respectively,
the reason being that they have not possessed and occupied the land openly,
notoriously, publicly and adversely in the concept of owner for the length of time
required by law. In fact, the land in question is completely submerged by sea
water and therefore forms part of the seabed or is a foreshore land which is not
susceptible of appropriation and ownership;
7. That defendants likewise represented in their applications that they
have introduced fruit trees, coconuts and other improvements on the land which
could not possibly exist as the land is a swampland; ADHCSE

8. That Free Patents Nos. (IX-1) 1001 and 1002 and OCT Nos. 5111 and
5112 as well as any and all titles derived therefrom are therefore null and void ab
initio.
WHEREFORE, it is respectfully prayed that judgment be rendered as
follows:
1. Declaring Free Patent Nos. (IX-1) 1001 and 1002 and OCT Nos. 5111
and 5112 and all titles emanating therefore null and void and of no
legal effect;
2. Directing defendants Dela Cruz and Cristobal to surrender their
owner's copy of OCT Nos. 5111 and 5112, respectively to the Register
of Deeds;
3. Directing defendant Register of Deeds to cancel OCT No. 5111 and
5112;
4. Ordering the reversion of the land covered by said cancelled titles to
the mass of the public domain; and
5. Enjoining defendants to refrain from exercising/asserting acts of
possession or ownership in the premises. TCHcAE

Plaintiff prays for such other relief as may be just and equitable in the
premises.
Zamboanga City, (Date)
______________________
Solicitor General
______________________
Assistant Solicitor General
______________________ ______________________
Special Attorney Solicitor
VERIFICATION
I, Regional Executive Director of DENR Region IX, Zamboanga City, of legal
age, after being sworn hereby depose and say:
1. That I am under the law the officer charged with the disposition of
lands of the public domain;
2. That I caused the preparation of the above-complaint; HIAcCD

3. That I have read and understood the allegations therein and that
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 each and every statement therein is true and correct to the best of my knowledge
and belief;
4. That I have not filed or lodged any other suit or case in any other
court, tribunal or administrative bodies involving the same land, parties and
subject matter.
____________________
Regional Director
SUBSCRIBED AND SWORN to before me this _____ day of ___________ 2000
affiant exhibiting his Community Tax Certificate issued on _____________ at
_________________.
____________________
Solicitor

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