UNIVERSITY OF BAGUIO

School of Law

SYLLABUS IN PROPERTY AND LAND LAWS

COURSE NUMBER JD223

YEAR LEVEL OFFERED 2ND YEAR
CREDIT UNITS 4
PRE-REQUISITES (IF None
ANY)
THIS COURSE IS A PRE- JD313 Private International Law
REQUISITE TO JD411 Civil Law Review and Integration
COURSE DESCRIPTION A course offering the study and analysis of the basic
laws on property, including different classification of
property and the modes of acquiring ownership. The
course also covers the important principles governing
titles and registration of real property under the Public
Land Act.

The course also integrates the key principles,

discussion of important updates and trends and the
relevant legal forms.

The course is an integration of the previous Property,

and Land Titles and Deeds courses.
COURSE COVERAGE Republic Act No. 386: Civil Code of the Philippines:
Book II on Property, Ownership and its’ Modifications;
Book III Title I on Occupation, Title II on Intellectual
Creation, Title III on Donation, Title IV on Succession,
Title V on Prescription as modes of acquiring
ownership; Book IV, Title IX on Partnerships in re: co-
ownership.

Act No. 496

PD 1529 Property Registration Decree.

CA 141 The Public Land Act

RA 8371 The Indigenous People’s Rights Act

RA 10023 Issuance of Free Patents to Residential

Lands

RA 11573 An Act improving the Confirmation Process

for imperfect Land Titles
SUGGESTED READING Paras, Edgardo L., (2021), Civil Code of the
MATERIALS Philippines Annotated: Property, Rex Book Store,
Manila, Philippines.

Reyes III, Eduardo T., Law on Property and

Essentials of Land Registration (2024), Rex Bookstore,
Manila, Phils.

Jurado, Desiderio P. (2009), Comments and

Jurisprudence on Property, Rex Book Store, Manila,

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Philippines.
Albano, Ed Vincent, Judge, Atty. Ed Vincent Albano III,
Ed Vincent A. Albano, Jr., and Myla Khristabelle Albano-
Pua. Property Law. 2023 First Edition. Central Books.

Rabuya, Elmer T. Property. 2021 Edition. Rex

Bookstore.

Agcaoili, Oswaldo D., Property Registration Decree

and Related Laws (Land Titles and Deeds) (2018): Rex
Book Store, Manila Philippines.

BY THE END OF THE TERM, THE STUDENTS SHOULD BE ABLE TO:

1. Understand and discuss “Property” as a legal concept as well as its relation to

the life and liberty of a person;
2. Learn and enumerate the different kinds/classifications and state the
importance and implications of such;
3. Define ownership and possession and discuss the rights appurtenant thereto,
the modes of acquiring ownership, and the appropriate legal remedies to
protect, enforce and secure such rights;
4. State or explain the legal concepts of usufruct, easements or servitudes, and
nuisance;
5. Learn the Torren System of land registration;
6. Understand and discuss the methods and system of Land Registration in PD
1529 and correlate them to other relevant laws;
7. Understand and discuss the classifications of land and the rights and
obligations arising therefrom as stated in CA 141 and correlate them to other
relevant laws;
8. Distinguish between classifications/kinds of land which are susceptible to
registration to those which are not;
9. Demonstrate mastery of the process of land registration;
10.Understand and discuss the various transactions involving property and the
respective remedies and laws regulating such; and
11.Apply the rules and jurisprudence learned in this subject not only in
theoretical legal problems but in real-life situations.

GRADING:

a. Course Requirements: Quizzes, Recitation, Midterm and Final Exams.

b. Grading Plan:

 Midterm Grade would consist of 50% Class Standing (Quizzes and

Recitations) and 50% Midterm Exams;

 Tentative Final Grade would consist of 50% Class Standing

(Quizzes and Recitations) and 50% Final Exams.
 Final Grade would be the average of the Midterm Grade and the
Tentative Final Grade

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COURSE OUTLINE:

I. PROPERTY : GENERAL PROVISIONS

A. Classification by Nature
1. Immovable or Real Property – Art. 415
i. By Nature- A. 415, (1) & (8) – cannot be moved from place to place
ii. By Incorporation – A. 415 (2), (3) , (7) attached to an immovable in
such a manner as to form an integral part
iii. By Destination – A. 415 (4), (5), (6), (9) – placed in an immovable for
the use, exploitation or perfection of such immovable
iv. By Analogy – 415, (10) – by operation of law
 MERALCO v. The City Assessor and City Treasurer of Lucena City, 5
August 2015
 Capitol Wireless v. Province of Batangas, 30 May 2016
 Fels Energy v. Province of Batangas, 16 February 2007
 Laurel v. Abrogar, 27 February 2006 as reconsidered 13 January 2009
 PLDT v. Alvarez, 5 March 2014
 Chiang v. PLDT, 13 December 2017
2. Movable or Personal Property – Arts. 416-417
 Strochecker v. Ramirez, 44 P 933
 Tsai v. CA, 2 October 2001
 Serg’s v. PCU Leasing, 338 S 499
 Tumalad v. Vicencio, 41 S 143
 Makati Leasing v. Wearever Textile, 122 S 296
 Burgos v. Chief of Staff, 133 S 800
 Berkenkotter v. CuUnjieng, 61 P 363
 Davao Sawmill v. Castillo, 61 P 709
3. Importance and Significance of Classification from Point of View of:
i. Criminal Law
ii. Form of contracts involving movables or immovables
iii. Prescription
iv. Venue
v. Taxation
4. Special Classification of Property under RA 8371
i. Concept of Native title
ii. Ancestral Domains
iii. Ancestral Lands
iv. Indigenous Concept of Ownership
v. Certificate of Ancestral Land Title
vi. Certificate of Ancestral Domain Title

Classification by Ownership
1. Res Nullius
 RP v. Guzman, 18 February 2000
2. Public Domain, (cf. Patrimonial) (Arts. 419, 420-422, 424)
a. Property of State – Art. 420-422, Art. XII, Sec. 1-3, 1987 Constitution
a) For Public Use
b) For Public Service
c) For Development of National Wealth
 PNOC AFC v. NGCP, 4 September 2019
 Camarines Sur v. Robredo, 18 September 2009
 Central Mindanao University v. Executive Secretary, September 21,
2010
 Chavez v. PEA, 415 S 403
 Cruz v. Secretary, 347 S 128

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 La Bugal-B’laan v. Secretary, 27 January 2004; 1 December 2004

 Usero v. CA, 26 January 2005

b. Property of Municipal Corporations – Art. 424, par. 1

i. For Public Use including Public works for Public Service
Private Property
i. Patrimonial Property of State – Art. 424
ii. Patrimonial Property of Municipal Corporations – Art. 424, par. 2
iii. Private Property of Private Persons Art. 425, par. 2

 Republic v. Pasig Rizal Co., Inc., 15 February 2022

 Philippine Banking Corporation v. Lui She, 128 P 53
 Beumer v. Amores, 686 SCRA 546

3. Effect and Significance of Classification of Property as Property of Public

Dominion
i. Property is Outside the Commerce of Man
ii. Property Cannot be the Subject of Acquisitive Prescription
iii. Property Cannot be attached or Levied upon in Execution
iv. Property Cannot be Burdened with a Voluntary Easement
v. Property Cannot be Registered under the Land Registration Act

B. Other Classification

1. By their physical existence

a. Corporeal
b. Incorporeal

2. By their Autonomy of Dependence

a. Principal
b. Accessory

3. By the Subsistence After use

a. Consumable v. Non-Consumable – Art. 418
b. Fungible or Non-Fungible
c. Deteriorable or Non-deteriorable

4. By Reason of their Susceptibility to Division

a. Divisible
b. Indivisible

5. By reason of Designation
a. Generic
b. Specific

6. Existence in Point in Time

a. Present
b. Future

7. Contents and Constitution

a. Singular
b. Simple
c. Compound
d. Universal

8. Susceptibility to Appropriation

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a. Non-Appropriable
b. Appropriable
c. Appropriated
d. Not yet appropriated

9. Susceptibility to Commerce
a. Within the Commerce of Man
b. Outside the Commerce of Man

II. OWNERSHIP IN GENERAL

1. Definition

2. Bundle of Rights Included in Ownership -Art. 429

Jus Utendi, Fruendi, Abutendi, Disponendi, Vindicandi, Possidendi

 The Heirs of Cullado v. Gutierrez, 30 July 2019

 Sabio v. International, 4 September 2001
 Tayag v. Lacson, 25 March 2004

3. Other Specific Rights Found in Civil Code - Arts. 429, 430, 437, 438,
444

a. Right to Exclude
b. Doctrine of Self Help vs. Doctrine of State of Necessity;
c. Elements -- Art. 429 in rel. to Sec. 1, Art. 11 of the Revised Penal Code
d. Right to Enclose or Fence – Art. 430
e. Right to Receive Just Compensation in Case of Expropriation – Art. 435
f. Right to Hidden Treasure – Arts. 438-439
g. Right to Accession – Art. 440
h. Right to Recover Possession and/or Ownership – Jus Vindicandi

i. Available Actions to Recover Possession/Ownership

 Immovable Property
i. Accion Reinvindicatoria
ii. Accion Publiciana
iii. Accion Interdictal
iv. Forcible Entry
v. Unlawful Detainer

 Diana Barber, et al. vs. Rolando Chua (G.R. No. 205630,

January 12, 2021)
 Reyes v. Manalo, 22 September 2020
 Heirs of Cullado v. Gutierrez, 30 July 2019
 Encarnacion v. Amigo, 502 S 151
 Heirs of Laurora v. Sterling, 9 April 2003
 PNB v. CA, 17 January 2002
 Fabella v. CA, 9 August 2001
 Del Rosario v. Sps. Manuel, 16 January 2004

 Movable Property
i. Replevin
a) Requisites of Actions for Recovery of Property – Art. 434:
a. Identify the property

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b. Prove right of ownership – rely on the strength of one’s

evidence not on weakness of defense

 Relative to Registration of Title

i. Motion for Reconsideration/New Trial
ii. Appeal
iii. Petition for Review
iv. Reconveyance
v. Cancellation or Annulment of Title
vi. Reversion

4. Limitations of Real Right of Ownership

a. General Limitations
i. Police Power
ii. Taxation
iii. Eminent domain
 RP v. CA, 31 March 2005
 ATO and MCIAA v. Gapuco, 30 June 2005
 RP v. Lim, 29 June 2005
b. Specific Limitations
 GR Nos. 134269, 134440, and 144518, TLC v. AAVA, Aquino,
et al. v. AAVA, and AAVA v. Municipality of Muntinlupa, July
7, 2010
 Fajardo v. Freedom to Build, 1 August 2000
 Ayala Corp. v. Ray Burton, 294 S 48

c. Limitations from scattered provisions of the Civil Code - Arts. 431, 432, Arts.
2191, 677679, 670, 649 & 652, 637, 676, 644, 684-687
i. Latin Maxim: Sic Utere Tuo Ut Alienum Non Laedas – Art. 431
ii. Act in State of Necessity – Art. 432

III. RIGHT OF ACCESSION

A. Concept – Art. 440

B. General Principles of Accession

1. Accessory Follows the Principal: The accessory (e.g., improvements or

additions) follows the principal (e.g., the main property).

2. No Unjust Enrichment: Accession must not lead to unjust enrichment; the

rights and obligations of the parties should be fair.

3. Presumption of Works, Sowing, and Planting: All works, sowing, and

planting are presumed to be made by the owner and at his expense, unless
proven otherwise.

4. Incorporation of Accessory to Principal: The accessory is considered

incorporated into the principal if it cannot be separated without damage or
destruction. (Art. 447)

5. Liability for Bad Faith: Bad faith involves liability for damages and other
serious consequences.

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6. Neutralization of Bad Faith: The bad faith of one party does not affect
the bad faith of the other party. (Art. 453)

Ownership of Fruits: Fruits are owned by the owner of the principal thing, except
in specific cases:

Exceptions:
i. Possession in Good Faith
ii. In Usufruct
iii. In Lease
iv. In Antichresis

1. Obligations of Receiver of Fruits to pay expenses by 3rd person in

production, gathering and preservation – Art. 443

C. Kinds of Accession

1. Accession Discreta (Fruits) - Art. 441

a. Natural
b. Industrial
c. Civil
 Siari Valley v. Lucasan, 97 P 987

2. Accession Continua

Over Immovables

a. Accession Artificial or Industrial – Building, Planting, Sowing (BPS)

 Owner is a Builder, Planter, Sower (BPS) Using Material of Another
Art. 447
BPS Builds Plants or Sows on Another’s Land Using His Own Materials – Art.
448-454:

 Options Open to Land Owner if BPS in Good Faith

i. To acquire building, planting and sowing
ii. To sell to BP or to lease land, but BPS may refuse if value of land more
considerable than BP; then forced lease by LO and BP
 Espinoza v. Sps. Mayandoc, 3 July 2017
 Pesongco v. Estoya, 10 March 2006
 Nuguid v. CA, 23 February 2005
 Ignacio v. Hilario, 76 P 605
 Technogas v. CA, 10 February 1997
 Benitez v. CA, 16 January 1997
 Sps Alviola v. CA, 24 April 1998
 Ballatan v. CA, 304 S 34
 Cortes v. IAC, 175 S 545
 Depra v. Dumlao, 136 S 475

 Options in case BPS in Bad Faith – Art. 449, 450, 451

 Princess Rachel Development Corp. v. Hill View Marketing
Corp., 2 June 2020
 Onesimo Agapito v. Marilyn F. Agapito, 4 July 2022
 Sps. Belvis v. Sps. Erola, 24 July 2019
 Pada-Kilario v. CA, 19 January 2000
 Josefa v. San Buenaventura, 2 March 2006

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 Options in case Both in Bad Faith

 Santos v. IAC, 186 S 694
 Torbela v. Rosario, 661 S

 Options in case Owner in Bad Faith and BPS in Good Faith –

Arts. 447 and 454
 Pershing Tan v. CA, 148 S 54

 Options in case LO is not the BPS who is not the OM –Art. 455

b. Accession Natural

i. Accretion/ Alluvion – Art. 457

 Republic v. Tongson, 28 July 2020
 New Regent Sources, Inc. v. Tanjuatco, 9 May 2009
 Khemani v. Heirs, 540 S 83
 Bagaipo v. Lozano, 8 December 2000
 Reynante v. CA, 8 April 1992
 Desamparado vda de Nazareno v. CA, 26 June 1996
 Meneses v. CA, 246 S 374
 RP v. CA, 132 S 514
 Grande v. CA, 114 P 521
 Agustin v. IAC, 187 S 218
 Ronquillo v. CA, 195 S 433
 Cureg v. IAC, 177 S 313

ii. Avulsion
 Martinez v. Mun. of San Mateo, 6 P 3
iii. Change of Course of River – Art. 461-463
 Ramos v. IAC, 5 July 1989
 Hilario v. City of Manila, 19 S 931
 Degayo v. Magbanua-Dinglasan, 755 S 1
iv. Formation of Islands – Art. 461-465 but see : PD 1067, Water Code
 Joqualing v. CA, 194 S 607

Over Movables

b. Conjunction and Adjunction

i. iInclusion or Engraftment
ii. Soldadura or soldering
 Plumbatura – different metals
 Ferruminatio – same metal
 Tejido or Weaving
 Escritura or writing
 Pintura or painting
c. Commixtion and Confusion
d. Specification

IV. QUIETING OF TITLE

A. Differences Between Action to Quiet Title and Action : To Remove A Cloud; To

Prevent A Cloud - Art. 476

 Heirs of Dionisio Deloy et al. v. Verna R. Basa-Joaqui, 28 November 2022

 Rodolfo Serapion, Sr. and Rodolfo Serapion, Jr. v. Napoleon D. Ambagan and
Philip Ambagan, 7 December 2022

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 Spouses Adolfo B. Velarde and Antonina T. Velarde et al. v. Heirs of

Concepcion Candari, 17 October 2022
 Almazan v. Bacolod, 16 June 202

B. Prescription of Action – Imprescriptible if plaintiff is in possession; if not,

prescribes within a period for filing accion publiciana, accion reivindicatoria
C. Who are Entitled to bring Action - Rule 64 Sec. 1 par. 2, Rules of Court.
D. Requisites – Arts. 476-479
1. There is a cloud on title to real property or any interest to real property (Art.
476)
2. Plaintiff has legal or equitable title to or interest in the subject/real property
3. Instrument record claim, etc. must be valid and binding on its face but in
truth and in fact invalid, ineffective, voidable or unenforceable
4. Plaintiff must return benefits received from defendant
 Sps. Portic v. Cristobal, 22 April 2005
 Secuya v. Vda. De Selma, 22 February 2000
 Maestrado v. CA, 9 March 2000
 Robles v. CA, 14 March 2000
 Caragay-Layno v. CA, 133 S 718
 Puguid v. Reyes, 20 S 972
 Vda. De Aviles v. CA, 264 S 473

V. CO-OWNERSHIP

A. Definition
 Avila v. Sps. Barabat, 17 March 2006
 Noceda v. CA, 2 September 1999
B. Characteristics
a. The recognition of ideal shares, defined but not physically identified.
b. Each co-owner has absolute control over his ideal share;
c. Mutual respect among co-workers in regard to the use, enjoyment and
preservation of thing as a whole
 Spouses Salvador and Leonida M. Bangug et al. v. George
Dela Cruz, 9 July 2022
 Anzures v. Ventanilla, 9 July 2018
 Sps. Si v. CA, 342 S 653
 Mallilin v. Castillo, 16 June 2000
 Carvajal v. CA, 112 S 237
 Pardell v. Bartolome, 23 P 450
 Smith v. Lopez, 5 P 78
C. Co-ownership distinguished from:
a. Joint Tenancy
 Tagarao v. Garcia, 61 P 6
 Vitug v. CA, 183 S 755
b. Partnership
c. Conjugal partnership of gains or absolute community of property
 Alberto C. Hidalgo vs. Conrado Bascuguin and Evelyn
Flaminiano Hidalgo (G.R. No. 233217, October 6, 2021)

d. Joint Account
 In re Estate of Guzaman v. Rodriguez, 31 January 2018
D. Sources of co-ownership
a. Contract (duration of co-ownership, Art. 494)
b. Succession
c. Chance (Commixtion, hidden treasure)
d. Occupation (harvesting and fishing)

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E. Rights of each co-owner as to thing owned in common:

1. To use the thing according to the purpose intended may be altered by
agreement, express or implied, provided: It is without injury or prejudice to
interest of co-ownership and; Without preventing the use of other co-owners, Art.
486
 Perlita Mabalo v. Heirs of Roman Babuyo, represented by
Virgilio L. Babuyo, 6 July 2022
 Borbajo v. Hidden View Homeowners, 31 January 2005
2. To share in the benefits in proportion to his interest, provided the charges are
borne by each in the same proportion (Art. 485)
3. Each co-owner may bring in action in ejectment (Art. 487)
 Clemente v. Republic, 20 February 2019
 Iglesia ni Kristo v. Ponferrada, 505 S 828 (accion
reinvidicatoria)
 Resuena v. CA, 28 March 2005 as compared to
 Palarca v. Baguisi, 38 P 177
 Baloloy v. Huar, 438 S 80
 Adlawan v. Adlawan, 479 S 275
4. To compel other co-owner to contribute to expenses for preservation of the thing
or right owned in common and to payment of taxes (Art. 488)
a. Co-owners option not to contribute by waiving his undivided interest equal
to amount of contribution (exception: if waiver prejudicial of co-ownership)
b. Requisites before repairs for preservation may be made of expenses for
embellishment or improvement may be made (Art. 489)
c. Effects of failure to notify co-owners
 Adille v. CA, 157 S 455
5. To oppose any act of alteration; remedy of other co-owners re: acts of alteration
(Art. 491)
Acts of alteration (Art. 491)
a. Concept
b. Distinguished from acts of administration - Art. 492
c. Effects of acts of alteration and remedies of non-consenting co-owner
d. Is lease of real property owned in common an act of alteration? Art. 647 in
relation to Art. 1878(8)
 Arambulo v. Nolasco, 26 March 2014
 Bailon-Casilao v. CA, 160 S 738
 Crucillo v. IAC, 26 October 1999
 Tomas Claudio v. CA, 12 October 1999
 Barroso v. Hon. Amping, 17 March 2000
 Diversified Credit v. Rosado, 26 S 470
6. To protest against any acts of majority which are prejudicial to minority (Art. 492
par.3)
7. To exercise legal redemption – Art. 1620, 1623
 Vda. De Ape v. CA, 15 April 2005
 Francisco v. Boiser, 31 May 2000
8. To ask for partition – Art. 494

F. Implications of co-owners right over ideal share

1. Co-owner has the right:
a. To share in fruits and benefits
b. To alienate, mortgage or encumber and dispose of his ideal share – (but other
co-owners may exercise right of legal redemption)
 Del Campo v. CA, 1 February 2001
c. To substitute another person in the enjoyment of thing
d. To renounce part of his interest to reimburse necessary expenses incurred by
another co-owner (Art. 488)
 Effect of transaction by each co-owner

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a. Limited to his share in the partition

b. Transferee does not require any specific portion of whole property until
partition
 Creditors of co-owners may intervene in partition or attack the same if
prejudicial (Art. 499), except that creditors cannot ask for rescission even if
not notified in the absence of fraud (Art. 497)
 Acabal v. Acabal, 31 March 2005
 Sanchez v. CA, 404 S 540
 Lopez v. Cuyacong, 74 P 601
 Vigilidad v. Vigilidad, 507 S 94
G. Special rules on ownership of different stories of a house as
differentiated from provisions of Condominium Act (Act No. 4726 in rel. to
Art. 490)
1. Concept of Condominium
2. Essential requisites for Condominium
3. Rights and Obligations of Condominium owner
 Leviste Management v. Legaspi Towers, 4 April 2018
 Welbit Construction Corp., v. Heirs of De Castro, 23 July
2018

H. Extinguishment of Co-ownership
a. Total destruction of thing
b. Merger of all interests in one person
c. Acquisitive prescription
i. By a third person
ii. By one co-owner as against the other co-owners – Requisites:
1. Unequivocal acts of repudiation of co-ownership (acts amounting to
ouster of other co-owners) known to other co-owners and shown by
clear and convincing evidence
2. Open and adhere possession, not mere silent possession for the
required period of extraordinary acquisitive prescription
3. The presumption is that possession by co-owner is not adverse
 Herrera-Fangonil v. Fangonil, 28 August 2007
 Galvez v. CA, 24 March 2006
 Heirs of restar v. Heirs of Cichon, 22 November 2005
 Aguirre v. CA, 29 January 2004
 Salvador v. CA, 243 S 239
d. Partition or Division
i. Right to ask for partition at any time except:
 When there is a stipulation against it (not over ten years)
 When condition of indivision is imposed by transferor (donor or
testator) not exceed 20 years – Art. 494
 When the legal nature of community prevents partition (party wall)
 When partition is generally prohibited by law (e.g. absolute community
of property
 When partition would render the thing unserviceable (but the thing
may be sold and co-owners divide the proceeds (Art. 494)
ii. Effects of Partition Arts. 1091, 543, 1092-1093, 499-501
 Cruz v. CA, 15 April 2005
iii. Rights of Creditors of Individual co-owners Art. 497
iv. Procedure for Partition – Rule 69 Rules of Court
 Maglucot-Aw v. Maglucot, 28 March 2000
 Bulalacao-Soriano v. Papina, 24 August 2016
 Figuracion v. Vda de Figuracion, 499 S 484
 Aguirre v. CA, 29 January 2004
 Santos v. Santos, 12 October 2000
 Spouses Si v. CA, 342 S 653

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 Spouses Manuel v. CA, 1 February 2001

 Engreso v. Dela Cruz, 9 April 2003
 Vda. De Reyes v. CA, 26 July 1991

VI. POSSESSION

A. Definition and Concept (Art. 523)

B. Essential requisites of possession:

1. Holding or control of a thing or right (corpus) consists of either:
a. The material or physical either
b. Exercise of a right
c. Constructive possession
 Intention to possess (animus possidendi)

C. Degrees of Possession
 Possession without title whatsoever and in violation of the right of the owner, e.g.
possession of a thief or a usurper of land
 Possession with Juridical Title
 Rolando Galindez, Daniel Liberato, and All Persons Claiming
Rights Under Them v. Felomina Torres et al., 13 January
2023
 Marlene De Mesa v. Rudy Pulutan et al., 2 September 2022
 Heirs of Spouses Anselmo Binay and Sevilla Manalo et al. v.
Bienvenido Banaag et al., 7 September 2022
 Del Rosario v. Sps. Manuel, 16 January 2004
 Tabuso v. CA, 21 June 2001
 Possession in the Concept of Owner
 Turquesa v. Valera, 20 January 2000
 Santos v. Santos, 12 October 2000
 Possession with Title in Fee Simple

D. Cases of possession:
a. Possession for oneself, or possession exercised in one’s own name and
possession in the name of another – (Art. 524)
b. Possession in the concept of an owner and possession in the concept of a
holder with the ownership belonging to another (Art. 525)
c. Possession in good faith and possession in bad faith (Art. 526)
 Communities Cagayan, Inc. v. Sps. Nanol, 14 November
2012
 Resuena v. CA, 28 March 2005
 Millena v. CA, 31 January 2000
 Sps. Virgilio v. Patricia, 18 September 2000
 Isaguirre v. De Lara, 31 May 2000
 Evadel Realty v. Sps. Soriano, 20 April 2001

E. Effects of possession by possessor in the concept of owner:

1. Possession May Convert into Ownership (Subject to Exceptions)
 Basilio v. Callo, 23 November 2020
 Heirs of Yusingco v. Busillak, 24 January 2018

2. Presumption of just title and cannot be obliged to show or prove it (Art. 541);
exception (Art. 1131)
3. Possessor may bring all actions necessary to protect his possession except
accion reivindicatoria
4. May employ self-help under Art. 429

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5. Possessor May Request Inscription of Real Right of Possession in Property

Registry
6. Right to Fruits and Reimbursement for Expenses (If Possessor is in Good Faith)
7. Upon Recovery of Possession, May Demand Fruits and Damages
8. Generally, Can Perform Actions Authorized by Law Until Ousted by a Better
Right

F. Acquisitive Prescription (A. 1117-1138)

1. Ordinary Acquisitive Prescription: Requisites
a. Capacity (A. 1117)
b. Object /Property (A. 1126; A. 1133)
c. Possession in Good Faith and Just Title (A. 526, 1127-1129; A. 1117; A . 1130-
1131)
d. Period (A. 1132-1134)
2. Extraordinary Acquisitive Prescription
a. Capacity (a. 1117)
b. Object/ Property (A. 1126; A. 1133)
c. Possession (A. 1135)
d. Period (A. 1132; 1137)
 Aguirre v. Villanueva, 27 October 2006
 Bautista v. Poblete, 13 September 2005
 Heirs of Maningding v. CA, 31 July 1997
3. Computation of the Period (A. 1136, 1138 in rel. to A. 13 of NCC)
4. Interruption of the Period
a. Natural Interruption (A. 1120-1122)
b. Civil Interruption (A. 1123-1124)
c. Express/Tacit Recognition (A. 1125)

G. Presumptions in favor of the possessor:

1. Of good faith until the contrary is proved (Art. 527)
 Calicdan v. Cendana, 5 February 2004
 NHA v. Grace Baptist Church, 1 March 2004
 Liu v. Loy, 3 July 2003
 Pada-Kilario v. CA, 19 January 2000
2. Of continuity of initial good faith does not lose this character except in the case
and from the moment possessor became aware or is not unaware of improper or
wrongful possession: 3:1 Rule
3. Of enjoyment of possession in the same character in which possession was
required until contrary is proved (Art. 529)
4. Of non-interruption of possession in favor of present possessor who proves
possession at a previous time until the contrary is proved (Art. 554) Arts. 1120-
1124)
5. Of continuous possession or non-interruption of possession of which he was
wrongfully deprived for all purposes favorable to him (Art. 561): Tacking-in Rule
6. Other presumptions with respect to specific properties of property rights:
a. Of extension of possession of real property to all movables contained
therein so long as it is not shown that they should be excluded; exceptions
(Art. 426)
b. Non-interruption of possession of hereditary property (Art. 533)
c. Of just title in favor of possessor in concept of owner (Art. 541)

H. What may not be possessed by private persons

1. Res communes
2. Property of public dominion
3. Right under discontinuous and/or non-apparent easement

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I. Acquisition of Possession
1. Ways of acquiring possession (Art. 531)
a. Material occupation of the thing
i. The doctrine of constructive possession
ii. Includes constructive delivery:
a. Traditio brevi manu (things already in transferee’s hands, e.g.
under a contract of lease, then delivered under a sale)
b. Traditio constitutum possessorium (thing remains in transferor’s
hands, e.g. sale, then retained under a commodatum)
b. Subjection to the action of our will (Includes tradition longa manu and
tradition simbolica)
c. Proper acts and legal formalities
2. By whom may possession be acquired: (Art. 532)
i. By same person; elements of personal acquisition
ii. By his legal representative; requisites
iii. By his agent
iv. By any person without any power whatsoever but subject to ratification,
without prejudice to proper case of negotiorum gestio (Arts. 2144, 4129,
2150)
v. Qualifiedly, minors and incapacitated persons (Art. 525)
3. What does not affect possession (Arts 5279, 1119)
i. Acts merely tolerated
ii. Acts executed clandestinely and without the knowledge of the possessor
iii. Acts of violence as long as possessor objects thereto (i.e. he files a case)
(Art. 536)
4. Rules to solve conflict of possession (Art. 538)
i. Present possessor or actual possessor
ii. If there are two or more possessors, the one longer in possession
 Wong v. Carpio, 21 October 1991
iii. If dates of possession are the same, the one who presents a title
iv. If all conditions are equal, the thing shall be placed in judicial deposit pending
determination of possession or ownership through proper proceedings

J. Effects of Possession
1. In general, every possessor has a right to be respected in his possession
a. Actions to recover possession
i. Accion Interdictal (Summary procedure) (Art. 1674)
 Estate of Valeriano C. Bueno and Genoveva I. Bueno,
Represented by Valeriano I. Bueno, Jr. and Susan I. Bueno v.
Justice Eduardo B. Peralta, Jr., 1 August 2022
 Rodrigo Galande v. Flordeliza Espiritus Arenas et al., 1
March 2023
 Ganila v. CA, 28 June 2005
 Peralta-Labrador v. Bugarin, 25 August 2005
 Sampayan v. CA, 14 January 2005
 Santos v. Ayon, 6 May 2005
 Lao v. Lao, 16 May 2000
 Ross Rica Sales v. Sps. Ong, 16 August 2005

ii. Accion publiciana (based on superior right of possession or

de jure possession, not of ownership)
 Republic of the Philippines, Represented by the Regional
Director of the Department of Education [DepEd]-Region II
v. Heirs of Eriberto Ontiveros et al., 7 December 2022
 Semirara Coal v. HGL Development, 6 December 2006

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iii. Accion reivindicatoria (recovery of ownership)

 Marissa B. Bacani v. Rosita D. Madio, 1 February 2023
 Rosa A. Castañeto v. Spouses Ernesto Adame and Mercedes
Gansangan, 12 April 2023
 Hilario v. Salvador, 29 April 2005
 Cutanda v. Heirs of Cutanda, 11 July 2000

iv. Action for replevin (possession or ownership for movable

property)
a. Possessor can employ self-help (Art. 429)

VII. USUFRUCT

A. Concept – (Art. 562)

B. Historical considerations

C. Characteristics of Usufruct

D. Usufruct distinguished from:

1. lease;
2. servitude;

E. Classes of Usufruct
1. By origin:
a. Voluntary
b. Legal – Art. 321 cc; Art. 226 Family Code
c. Mixed
2. By person enjoying right of usufruct
a. Simple
b. Multiple – Simultaneous v. Successive
3. By object of usufruct
a. Rights – (Art. 574)
b. Things
c. Normal
d. Abnormal, irregular or quasi-usufruct
4. By extent of the usufruct
a. Total
b. Partial (Art. 598)
5. By the terms of usufruct (Art. 564)
a. Pure
b. Conditional
c. With a term (period)

F. Rights of Usufructuary

1. As to the thing and its fruit

a. Right to possess and enjoy the thing itself, its fruits and accessions
i. Fruits consist of natural, industrial and civil fruits
ii. As to hidden treasure, usufructuary is considered a stranger (Art. 566;
436)
iii. Fruits pending at the beginning of usufruct (Art. 567)
iv. Civil fruits (Art. 569, 588)
b. Right to lease the thing (Art. 572)
i. Limitations
ii. Liability of usufructuary – lessor (Art. 590)

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iii. Exceptions to right of leasing the thing

 NHA v. CA and Bulacan Garden Corp., 13 April 2005
c. Right to improve the thing (Art. 579)
 Moralidad v. Sps. Pernes, 3 August 2006

2. As to the legal right of usufruct itself

a. Right to alienate/ mortgage
b. Right of usufruct (Art. 572); Exception; parental usufruct (Art. 321, 323)

G. Rights of the naked owner

1. At the beginning of usufruct vs. obligations of usufructuary at the beginning
of usufruct
2. During the usufruct:
a. Retains the title to the thing or property
b. He may alienate the property - Limitations (Art. 581)
 Hemedes v. CA, 8 October 1999

H. Obligations of Usufructuary
1. At the beginning of usufruct or before exercising the usufruct
a. To make inventory (Art. 583)
i. Requisites of inventory
1. Immovables described
2. Movables appraised
3. Notice to owner
ii. Exception to requirement of inventory (Art. 585)
b. To give a bond for the faithful performance of duties as usufructuary
i. No bond required in the following:
a. No prejudice would result (Art. 585)
b. Usufruct is reserved by donor (Art. 584)
c. Parents in parental usufruct (Arts. 585, 326)
ii. Effect of filing a bond (Art. 588)
iii. Effect of failure to give bond (Art. 586, 599)
2. During the usufruct
a. To take care of the thing like a good father or a family (Art. 589)
b. To undertake ordinary repairs (Art. 592)
c. To notify the owner of need to undertake extra-ordinary repairs (Art. 593)
i. Concept of extraordinary repairs
ii. Naked owner obliged to undertake them but when made by owner,
usufructuary pays legal interest on the amount while usufruct lasts. (Art.
594, par. 1)
iii. Naked owner cannot be compelled to undertake extra-ordinary repairs
iv. If indispensable and owner fails to undertake extraordinary repairs may be
made by usufructuary; repairs usufructuary right (Art. 594, par. 2)
d. To pay for annual charges and taxes on the fruits
e. To notify owner of any act detrimental to ownership (Art. 601)
f. To shoulder the costs of litigation re usufruct (Art. 602)
g. To answer for fault or negligence of alienee, lessee, or agent of usufructuary
(Art. 590)
3. At the time termination of the usufruct
 To deliver the thing in usufruct to the owner in the condition in which he has
received it.

I. Special Cases of usufruct

a. Usufruct over a pension or periodical income (Art. 570)
b. Usufruct of property owned in common (Art. 582)
c. Usufruct of head and cattle (Art. 591)

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d. Usufruct over vineyards and woodlands (Arts. 575-576)

e. Usufruct on a right of action (Art. 578)
f. Usufruct on mortgaged property (Art. 600)
g. Usufruct over an entire patrimony (Art. 598)
h. Usufruct over deteriorable property (Art. 578)
i. Usufruct over consumable property (or quasi-usufruct Art. 574)

J. Extinguishment of usufruct (Art. 603)

1. Death of usufructuary; Exceptions: (Art. 622; 606)
2. Expiration of period or fulfillment of resolutory condition imposed on usufruct
by person constituting the usufruct
3. Merger of rights of usufruct and naked ownership in one person
4. Renunciation of usufruct: Limitations
a. Must be express
b. If made in fraud of creditors, waiver may be rescinded by them through
action under Art. 1381
5. Extinction or loss of property
a. If destroyed property is insured before the termination of the usufruct
(Art. 608)
i. When insurance premium paid by owner and usufructuary (Art.
608. Par. 1)
1. If owner rebuilds, usufruct subsists on new building
2. If owner does not rebuild interest upon insurance
proceeds paid to usufructuary
ii. When the insurance taken by owner only because usufructuary
refuses Art. 608. par. 2)
1. Owner entitled to insurance money (no interest paid to
usufructuary)
2. If he does not rebuild, usufruct continues over remaining
land and/or owner may pay interest on value of both (Art.
607)
3. If owner rebuilds, usufruct does not continue on new
building, but owner must pay interest on value on land
and old materials.
iii. When insurance taken by usufructuary
1. only depends on value of usufructuary’s insurance
interest (not provided for in Civil Code)
a. Insurance proceeds to usufructuary
b. No obligation to rebuild
c. Usufruct continues on the land
d. Owner does not share in insurance proceeds
b. If destroyed property is not insured (Art. 607)
i. If building forms part of an immovable under usufruct
1. If owner does not rebuild, usufruct continues over the land
and materials
2. If owner rebuilds, usufruct must allow owner to occupy the
land and to make use of materials, but value of both land
and materials
6. Termination of right person constituting the usufruct
7. Prescription
8. What do not cause extinguishments of usufruct
a. Expropriation of thing in usufruct (Art. 609)
b. Abuse of thing in usufruct (Art. 810) - Owner’s right

VIII. EASEMENT OR SERVITUDES

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A. Definition
B. Essential features of easements or real servitudes

1. It is a real right, i.e., it gives an action in rem or real action against

any possessor of servient estate.
2. It is a right enjoyed over another property (jus in re aliena) i.e., it
cannot exit in one’s own property (nulli res sua servit).
3. It is a right constituted over an immovable by nature (Land and
buildings), not over movables.
4. It limits the servient owner’s right of ownership for the benefit of the
dominant estate. Right of the limited use, but no right to possess
servient estate. Being an abnormal limitation of ownership, it cannot
be presumed.
5. It creates a relation between tenements
6. It cannot consist in requiring the owner of the servient estate to do
an act, unless the act is accessory to a praedial servitude (obligation
propter rem)
7. Generally, it may consist in the owner of the dominant estate
demanding that the owner of the servient estate refrain from doing
something (servitus in non faciendo); or that the latter permit
something done over the servient property (servitus in petendo), but
not in the right to demand that the owner of the servient right to
demand that the owner of the servient estate do something (servitus
in faciendo) except if such act is an accessory obligation to a praedial
servitude (obligation propter rem).
8. It is inherent or inseparable from estate to which they actively or
passively belong (Art. 617)
9. It is intransmissable, i.e., it cannot be alienated separately from the
tenement affected, or benefited.
10. It is indivisible (Art. 616)
11. It has permanence, i.e., once it attaches, whether used or not, it
continues and may be used at anytime.

C. Classification of Servitudes
1. As to recipient of benefits:
a. Real or Praedial
b. Personal (Art. 614) [But note that under Roman Law, usufruct together
with usus habitation and operae servorum were classified as personal
servitudes]
2. As to course of origin:
a. Legal, whether for public use or for the interest of private persons (Art.
634)
b. Voluntary
 Villanueva v. Velasco, 27 November 2000
3. As to its exercise (Art. 615)
a. Continuous
b. Discontinuous
4. As indication of its existence (Art. 615)
a. Apparent
b. Non-apparent
5. By the object or obligation imposed (Art. 616)
a. Positive
b. Negative (prescription start to run from service of notarial prohibition)

D. General rules relating to servitudes

1. No one can have servitude over his own property (nulli res sua servit)

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2. A servitude cannot consist in doing (servitus in faciendo consistee

nequit)
3. There cannot be a servitude over another servitude (Servitus servitudes
esse no potest)
4. A servitude must be exercised civiliter, i.e., in a way least burdensome to
the owner of the land
5. A servitude must have a perpetual cause.

E. Modes of Acquiring Easements

1. By Juridical Act/ Title (A. 623-624)
 Sps. Fernandez v. Sps. Delfin, 17 March 2021

2. By Prescription (A. 624)

 Liwag v. Happy Glen Loop Homeowners Association,
Inc., 4 July 2012
F. Rights and Obligations of Owners of Dominant and Servient Estate
1. Owner of Dominant Estate
a) Rights (A. 625-627, 651)
b) Obligations (A. 626-628)
 Sabio v. International Bank Corp., 4 September 2001
2. Owner of Servient Estate
a) Rights (A. 629-630)
b) Obligations (A. 628)

G. Modes of Extinguishment
1. Merger
2. Non-User for 10 years
3. Impossibility of Use
4. Expiration of the Term or Fulfillment of Resolutory Condition
5. Renunciation (as distinguished from Non-User)
6. Redemption between Owners
7. Other causes not mentioned in A. 631
a. Annulment / Rescission of the Title constituting the Easement
b. Termination of the Right of the Grantor
c. Abandonment of the Servient Estate
d. Eminent Domain
e. For ROW- if no longer necessary

H. Legal Easements
1. Laws Governing Legal Easements
a. For Public Easements – PD 1067, PD 705
b. For Private Legal Easements – Contract; CC
2. Private Legal Easements
a. Easements Relating to Waters
 Liwag v. Happy Glen Loop Homeowners Association,
Inc., 4 July 2012
i. Natural Drainage of Waters (A. 637)
ii. Easements of Lands Along Riverbanks (A. 638, Water Code)
iii. Abutment of Dam (A. 639)
iv. Aqueduct (A. 642-646)
v. Drawing of Waters and Watering Animals (A. 640)
vi. Stop Lock or Sluice Gate (A. 649)
b. Easement of Right of Way (A. 649-657)
 Spouses Marcial Vargas and Elizabeth Vargas v. Sta.
Lucia Realty and Development, Inc., 27 July 2022
 Sps. Williams v. Zerda, 15 March 2017

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 Reyes v. Sps. Ramos, 11 February 2015

 NAPOCOR v. Tuazon, 22 June 2011
 Sps. Castro v. Sps, Esperanza, 11 March 2020
 Bogo-Medellin Milling v. CA, 407 S 518
 Cristobal v. CA, 22 June 1998
 Chan v. CA, 26 February 1997
3. Easement of Party Wall (A. 658-666)
4. Easement of Light and View (A. 667-673)
5. Easement of Drainage of Buildings (A. 674-676)
6. Easement of Distances (A. 677-681)
7. Easement against Nuisances(A. 682-683)
8. Easement of Lateral and Subjacent Support (A. 684-687)

IX. NUISANCES

A. Definition/ Effects – as an undue limitation/ hindrance to the rights of

ownership
B. Kinds
1. As to Nature
a) Nuisance Per Se
 Municipality of Biñan, Laguna et al. v. Holiday Hills
Stock & Breeding Farm Corporation et al., 10 October
2022
 Office of the Ombudsman v. Mayor Rodrigo R.
Duterte et al., 15 March 2023
 Knights of Rizal v. DMCI, 28 April 2017
b) Nuisance Per Accidens
 Aquino v. Municipality of Aklan, 29 September 2014
 Monteverde v. Generoso, 52 P 123
 Velasco v. Manila Electric, 40 S 342
2. As to Effects
a) Public
b) Private

C. Doctrine of Attractive Nuisance

 Enterprises v. Balandan, 91 P 488

D. Remedies
1. As against Public Nuisance
a) criminal prosecution under the RPC / ordinances
b) civil action
c) extra-judicial abatement
 Rana v. Wong, 30 June 2014
 Perez v. Madrona, 21 March 2012
 Timoner v. Timoner, 125 S 830
 Clama v. CA, 176 S 555
2. As against Private Nuisance
a) civil action
b) extra-judicial abatement
3. Defenses
a) estoppel
b) public necessity
c) non-existence
d) impossibility of abatement

X. MODES OF ACQURING OWNERSHIP OVER PROPERTY

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A. Mode of Acquiring v. Title

B. Ownership by: Public Grant v. Private Grant; Voluntary v. Involuntary
Transfer

C. Modes of Acquiring Ownership

1. Occupation
2. Intellectual creation
3. Prescription
4. Law
5. Donation
6. Succession
7. Tradition, as a consequence of certain contracts

DONATIONS

1. Definition and Concept

 Rowena Patenia-Kinatac-An et al. v. Enriqueta
Patenia-Decena et al., 15 June 2020
 Bacala et al., v. Heirs of Sps. Poliño, 10 February
2021
 Republic v. Llamas, 25 January 2017

2. Distinctions of Ordinary Donations from:

 Donations Mortis Causa Bonsato v. CA, 95 P 481
 Reyes v. Mosqueda, 187 S 661
 Donations Propter Nuptias
 Condonations/ Remission of Debt

3. Elements
 Consent: Theory of Cognition
 JLT Agro, Inc. v. Balandag, 453 SCRA 211
 Aldaba v. CA, 27 S 263
 RP v. Silim, 2 April 2001

 Object
o all property v. specific property
o present v. future property
 Cause
o act of liberality
o if on account of donee’s merits or services not constituting
demandable debt
o not contrary to law, morals
 Liguez v. Lopez, 102 P 577

4. Formalities
a) over movables
b) over immovables
c) effect if formalities not complied with
 Bautista v. Poblete, 13 September 2005
 Quilala v. Alcantara, 3 December 2001
 Tan Queto v. Pombuena, 2 February 1987

5. Kinds
a) as to effectivity
i. inter vivos, inc. donation in praensenti

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 Del Rosario v. Ferrer, 20 September 2010

 Gutierrez v. Mendoza-Plaza, 4 December 2009

ii. mortis causa

 Maglasang v. The Heirs of Cabatingan, 5 June 2002
 Heirs of Estella v. Estella, 9 December 2020

b) as to cause
i. simple
ii. remuneratory
iii. onerous (as distinguished from contract)
 Secretary of Education v. Heirs of Dulay, 480 S 452
 RP v. Silim, 2 April 2001
 Roman Catholic Archbishop v. CA, 19 June 1991
 De Luna v. Abrigo, 18 January 1990
c) as to object
i. corporeal
ii. incorporeal, alienable rights

6. Parties to Donation
a) Donor
i.Owner of Property / Capacity to Dispose
ii.When determined
iii.Minors
iv. Guardians/ Trustees
 Lavarez v. Guevarra, 29 March 2017
 Beaterio v. CA, 137 S 459
v. Natural v. Juridical Persons
b) Donee
i. Acceptance, necessity
 By Whom
 When and How Made
 Sumipat v. Bumanga, 13 August 2004
ii. Void Donations – Public Policy
a. between persons guilty of adultery/ concubinage
b. between persons guilty of the same crime
c. in favor of public officers or spouse, descendants,
ascendants
 SSS v. Davao, 17 S 863 as compared to
 Nepomuceno v. CA, 139 S 206
 Matabuena v. Cervantes, 38 S 284
 Acaba v. Comille, 22 November 2001
 Effects
 When to revoke

7.Effects and Limitations

a. Irrevocability, exceptions
b. Joint Donations
c. Subrogation
d. Effect if Donor Reserves the Right to Dispose of the Thing Donated
e. Officiousness

8. Revocation and Reduction of Donations

a. Necessity of Judicial Action
b. When Revocation/Reduction Justified
c. Appearance of Children of Donor

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d. Breach of Condition
 Santos v. Alana, 16 August 2005
 CJ Yulo v. Roman Catholic Bishop, 31 March 2005
 Arcaba v. Batocael, 22 November 2001
e. Acts of Ingratitude
 Sps. Eduarte v. CA, 9 February 199
f. Inofficiousness
 Nazareno v. CA, 18 October 2000
 Imperial v. CA, 8 October 1999
 Zaragoza v. CA, 341 S 309

XI. LAND TITLES AND DEEDS

GENERAL CONCEPTS AND PRINCIPLES

A.The Concept of Title and Modes of Acquisition of Title

a) Certificate of Title
b) Modes of Acquiring a Certificate of Title.
c) Deeds

B.Laws Governing Land Registration

1. P.D. 1529 (The Land Property Registration Decree)
2. C.A. 141 (The Public Land Act)
3. R.A. 8371 (The Indigenous Peoples Rights Act)
4. R.A. 10023 (Issuance of Free Patents to Residential Lands) 5. R.A. 11573 (An
Act Improving the Confirmation Process for Imperfect Land Titles)
5. Civil Code Provisions on Properties

C. The Torrens System

a) History of the Torrens System
b) Registration under the Torrens System
c) Purpose of the Torrens System

D.Registration as a proceeding in Rem (Sec. 2, PD No. 1529)

E. The Regalian Doctrine

 Sec. 2, Article XII, Constitution 2. Sec. 3, Article XII, Constitution

F. Classification of Public Lands

1. Alienable and Disposable Lands of the Public Domain
 How to prove alienable and disposable lands under R.A. No. 11573.
2. Inalienable Property
 Art. 420 NCC
 Arts. 423 & 424 NCC
 Republic of the Philippines v. Pasig Rizal Co., Inc.
(G.R. No. 213207, 15 February 2022.

G. Jurisdiction over Land Registration Proceedings

H. The Land Registration Authority (LRA)

1. Functions of the LRA
2. Duty of the Administrator to Issue Decree of Registration
3. The Register of Deeds
4. Effect of Registration

ORIGINAL LAND REGISTRATION PROCEEDINGS

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A. Who may apply?

1. Ordinary Registration Proceedings
 Section 14, PRD, as amended by R.A. No. 11573
a) Those who by themselves or through their predecessors-in-interest have been
in open, continuous, exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain not covered by existing
certificates of title or patents under a bona fide claim of ownership for at
least twenty (20) years immediately preceding the filing of the application for
confirmation of title except when prevented by war or force majeure. They
shall be conclusively presumed to have performed all the conditions essential
to a Government grant and shall be entitled to a certificate of title under this
section.
b) Those who have acquired ownership of private lands or abandoned riverbeds
by right of accession or accretion under the provisions of existing laws.
c) Those who have acquired ownership of land in any other manner provided for
by law.
 Republic of the Philippines v. Pasig Rizal Co., Inc. (G.R. No.
213207, 15 February 2022)
 Heirs of Malabanan vs. Republic of the Philippines
(September 13, 2013, G.R. No. 179987).

2. Judicial Confirmation of Imperfect or Incomplete Title

a. RA No. 11573 in relation to PD 1529 and CA 141

3. Former Natural-Born Filipinos as Applicants

a. Sections 7 and 8, Article XII, 1987 Constitution

b. Section 10, RA 7042, as amended (Foreign Investment Act of 1991)

4. Juridical Persons / Private Corporations as Applicants

a. Section 3, Art. XII, 1987 Constitution
 Republic v. T.A.N. Properties, G.R. No. 154953, 26 June 2008

5. Non-Resident Applicants
a. Section 16, PRD

6. Applicant for registration when:

a. Land is under co-ownership
i. Articles 484 & 493, NCC
b. Land is sold under pacto de retro
i. Articles 1601, 1606 & 1607, NCC
c. Land is under the management of a trustee
i. Articles 1440 & 1441, NCC
d. Land is subject of real estate mortgage or subject of antichresis

B. Venue of Proceedings

C. Procedure
 Steps in Ordinary Registration Proceedings under the PRD and in
Confirmation of Imperfect or Incomplete Title under CA 141

1. The Survey Plan (Tracing Cloth Plan)

a. Section 17, PRD
b. Presidential Decree No. 239
2. Application for Registration: Form and Contents

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 UNIVERSITY OF BAGUIO
School of Law

a. Section 15, PRD

b. Manual of Instructions to be Observed by Clerks of Court of Regional
Trial Courts in Ordinary and Cadastral Land Registration Cases – LRA
issuance, 20 February 1991
c. Section 18, PRD
d. Section 19, PRD
3. Notice of Initial Hearing
a. Section 23, PRD
4. Publication
a. Effect of non-publication or defective publication
b. Section 23, PRD
5. Mailing and Posting of Notice of Initial Hearing
a. Effect of lack of personal notice
b. Section 23, PRD
c. Section 24, PRD
6. Filing of Opposition by any Interested Person
a. Effect of failure of the Republic to file any opposition or answer to the
application
b. Section 25, PRD
7. Issuance of Order of Default
a. Section 26, PRD
b. Party in default may appeal judgment
8. Hearing and Judgment
a. Section 27, PRD
b. Section 30, PRD
c. Section 39, PRD
9. Decree of Registration and Original Certificate of Title
a. Sections 30, 31, and 39, PRD
b. Section 40 and 41, PRD
c. Section 32, PRD

ATTRIBUTES/LIMITATIONS OF CERTIFICATE OF TITLE

A. Merely confirms a pre-existing title

B. Presumed valid and devoid of flaws
C. Free from liens and encumbrances, with certain exceptions
 Section 44, PRD
D. Incontrovertible and indefeasible
 Section 32, PRD
E. Not subject to collateral attack
 Section 48, PRD
F. Imprescriptible
 Section 47, PRD
G. General Incidents of Registered Land
 Section 46, PRD

REMEDIES OF AN AGGRIEVED PARTY

A. New trial or reconsideration

 Rule 37, Rules of Court
B. Appeal
 Rule 41, Rules of Court
C. Relief from judgment
 Rule 38, Rules of Court
D. Petition for review
E. Quieting of title

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F. Cancellation
G. Reconveyance
H. Reversion
I. Damages
J. Compensation from Assurance Fund
 Sections 93-102, PRD
K. Criminal action for falsification or perjury

SUBSEQUENT REGISTRATION

A. Voluntary Dealings with Registered Land

1. Conveyances and Transfers
 Sections 51-56, PRD
2. Mortgages and Leases
 Sections 60-63, PRD
3. Powers of Attorney and Trusts
 Sections 64-68, PRD
B. Involuntary Dealings
 Sections 69-77, PRD
C. Registration of Judgments, Orders and Partition
 Sections 78-92, PRD

OTHER CONSIDERATIONS

A. Petitions And Actions After Original Registration

 Sections 107-110, PRD
B. Cadastral Registration Proceedings
 Sections 35-38, PRD

ATTY. ISAGANI S. LIPORADA

CREDITS:

Profound gratitude goes to ATTYY. MELCHOR CARLOS M. RABANES,

Assistant Baguio City Legal Officer, for his invaluable and unselfish
assistance in realizing this Syllabus.

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