LTD-Reviewer_CH8-22.pdf - CHAPTER 8 – Applicants in Ordinary Registration Sec 14 P.D No 1529 – enumerates the persons who may apply for ordinary

LTD-Reviewer_CH8-22.pdf - CHAPTER 8 – Applicants in...

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ROSALES, M.K. (2-S 2019-2020) CHAPTER 8 Applicants in Ordinary Registration Sec. 14 P.D. No. 1529 enumerates the persons who may apply for ordinary registration of lands 1. Those who by themselves or through their predecessors-in- interest have been in open, continuous, exclusive and notorious (OCEN) possession and occupation of alienable and disposable lands of public domain under a bona fide claim of ownership since June 12, 1945 or earlier; 2. Those who have acquired ownership of private lands by prescription under the provision of existing laws; 3. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws; 4. Those who have acquired ownership of land in any other manner provided for by law. Possessors of Alienable and Disposable Lands of the Public Domain Those who by themselves or through their predecessors-in-interest have been in OCEN possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945. Note: The 30-year period no longer applies (CA 141 as amended by RA 1942) Requisites for filing of an application for registration of title ( Sec. 14(1) of PD 1529) a. That the property in questions is alienable and disposable land of the public domain; b. That the applicant by himself or though his predecessors-in- interest have been in OCEN possession and occupation c. That such possession is under a bona fide claim of ownership since June 12, 1945 or earlier Sec. 48(b) of the Public Land Act requires for judicial confirmation of an imperfect or incomplete title the continuous possession of the land since 12 June 1945 or earlier Sec. 48(b) provided for possession and occupation of lands of the public domain since July 26, 1894; was superseded by RA 1942 RA 1942 provided for a simple 30-year prescriptive period of occupation by an applicant for judicial confirmation of imperfect title; was amended by PD 1073 PD 1073 (effective 25 January 1977) provided that a mere showing of possession and occupation for 30 years or more is not sufficient; it must now be shown that the possession and occupation of the piece of land by the applicant, by himself or through his predecessors-in-interest, started on 12 June 1945 or earlier Del Rosario-Igtiben v. Republic: RA 6940, which, according to petitioners, effectively reduced the required period of possession and occupation of the land to 30 years prior to the application for confirmation of an imperfect or incomplete title, did not repeal Sec. 48(b) of the Public Land Act, as amended by PD 1073. The SC made a distinction between Sec. 44 of CA 141 on administrative legalization (free patent) of imperfect or incomplete titles and Sec. 48(b) and (c) on the judicial confirmation of imperfect titles. Sec. 44, as amended by RA 6940, which provides for a prescriptive period of 30-year possession, applies only to applications for Free Patents.
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