DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
“
(Republic vs. Marasigan (198 SCRA 219) the Court through Mr. Justice Hilario G. Davide, Jr.) 1
For ready reference and
ADMISSION OF PLAN OR SURVEY
P. D. No. 1529 requires the Director of Lands to sign and approve the survey plan for the land applied for otherwise, the title is void. (University of the Philippines vs. Segundina Rosario, G.
R. No. 136965, March 28, 2001, 355 SCRA 591).
No plan or survey may be admitted in land registration proceedings until approved by the
Director of Lands. The submission of the plan is a statutory requirement of mandatory character. Unless a plan and its technical description are duly approved by the Director of
Lands, the same are no value. (Ibid) (Underline supplied)
BEST EVIDENCE RULE
The Best Evidence Rule as provided under Rule 130, section 2 of the Rules of Court as stated in unequivocal terms (Sub-paragraphs) (a) and (b) xxx.
Thus, the court shall not receive any evidence that is merely substitutionary in its nature, such as photocopies, as long as the original evidence can be had. In the absence of a clear showing that the original writing has been lost or destroyed or cannot be produced in court, the photocopy submitted, in lieu thereof, must be disregard, being unworthy of any probative value and being an inadmissible piece of evidence. (Underline supplied)
1
Narciso M. Aguilar, “Land Titles and Deeds: Jurisprudential Trends in Land Registration and Related Actions, First Edition, 2005, Central Book
Supply , Inc. page 13.
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
BURDEN OF PROOF in land registration cases is incumbent on the applicant who must show that he is the real and absolute owner in fee simple of the land applied for. On him also rests the burden to overcome the presumption that the land sought to be registered forms part of the public domain considering that the inclusion in a title of a part of the public domain nullifies the title. (Turquesa vs. Valera, G. R. No. 76371, Jan. 20, 2000, 322, SCRA 573)
CADASTRAL PROCEEDINGS
Cadastral Proceedings are proceedings in rem: like ordinary registration proceedings, they are governed by the usual rules of practice, procedure and evidence. A cadastral decree and a certificate of title are issued only after the applicants prove that they are entitle to the claim lots, all parties are heard, and evidence is considered. (Pisuena vs. Heirs of Unating and
Villar, et al. G.R. No. 132803, Aug. 31, 1999, 313 SCRA 384).
Under the Cadastral Act, the original certificates of title issued to the original certificates of title issued to the original registrant, shall have the same effect as certificates of title granted on application for registration of land under the Land Registration Act, because “no title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession.” (Ramos and Oli vs. CA et al., G. R. No. 111027, February 3, 1999,
302 SCRA 589).
Private respondent being the applicant for registration of land and one who relies on some documents enforcing her alleged title thereto, must prove not only the genuineness of said title but also the identity of the land therein referred to, inasmuch as this is required by law.
DELINEATION OF HIGHWAY WIDTH IN THE CADASTRAL PROCEEDINGS
When attempting to ascertain the correct boundaries of a highway by use, the surveyor’s first challenge is to determine where the government easement rights end and the adjoining properties’ rights begin, and to apply the correct legal precedents to the subject highway in order to determine the extent of the easement.
DESCRIPTION OF LAND: AREA AND BOUNDARIES
What really defines a piece of land is not the one mentioned in its description, but the boundaries therein laid down, as enclosing the land and indicating its limits. (Pelaez Vda. De
Tan vs. IAC, G. R. 655312, Aug. 31, 1992, 213 SCRA 95).
DOUBLE REGISTRATION: OVERLAPPING OF TITLES
When two certificates of title are issued to different persons covering the same land in whole or in part, the earlier in date, must prevail and in case of successive registrations where more than one certificate is issued over the same land, the person holding a prior certificate is entitled to the land as against a person who relies on a subsequent certificate. (Chan vs. CA, et al., G.R. No. 118516, Nov. 18, 1998, 298 SCRA 713).
DOUBLE SALE
Where both parties claim to have acquired the subject property, the law provides that as between two purchasers, the one who registered the sale in his favor has a preferred right over the other who has not registered his title, even if the latter is in actual possession of the immovable property. (Liao vs. Hon. CA, et al., G. R. No. 108759, Jan 27, 2000, 323 SCRA
430).
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
“When two certificated of title are issued to different persons covering the same land in whole or in part, the earlier in date must prevail, and, in case of successive registrations where more than one certificate is issued over the same land, the person holding a prior certificate is entitled to the land as against a person who relies on a subsequent certificate.” A certificate is not conclusive evidence of title if the same land had been registered and an earlier certificate for the same in existence. (ibid).
EXPROPRIATION PROCEEDINGS UNDER RULE 67 OF THE RULES OF COURT
Condition:
1.
Request the Office of the Solicitor General (OSG) to deputize the Provincial/City
Prosecutor or DPWH lawyer to act in behalf of the OSG in the filing of complaint to the proper court.
2.
After being deputized, file the case with the Regional Trial Court (RTC) of the concerned City/Municipality.
3.
Enter upon the property which is the subject of expropriation, if entry is required. a.
Deposit the 100% value of the land based on zonal value (published in newspapers of general circulation) to the Expropriation Account. b.
Receive Order of Court to place government in possession.
4.
Serve summon to Defendant(s).
5.
Receive Motion to Dismiss, if filed by the defendant(s).
NOTE: The defendant(s) is allowed only one motion to dismiss wherein he is to specify all his objections to the expropriation proceedings. Hearing is conducted to resolve the Motion(s) to Dismiss. a.
File Motion for Reconsideration/Notice of Appeal if Motion is granted. b.
Receive condemnation order if the court denies the Motion to Dismiss.
NOTE: Hearing is conducted to determine just compensation. The court appoints at least three (3) commissioners to determine just compensation. The order of appointment shall state the time and place for the holding of hearings of the commissioners and the time when the report of the commissioners is to be filed. c.
Present evidence to support suggested just compensation.
NOTE: Commissioners evaluate evidence of just compensation. The commissioners must submit their report to the court within 60 days from the date of their appointment. d.
File objections to report, if necessary.
6.
Judgment is rendered on the amount of just compensation. a.
If there are conflicting claims, the court may order that the amount of just compensation be deposited with the clerk of court for payment to the declared order. b.
Enter upon the expropriated property (if not done immediately after complaint is filed), if the decision is in favor of the government and entry was not previously undertaken.
NOTE: The right of the government to enter the property is not delayed by an appeal.
Decision becomes final and binding upon the recording of the judgment with the
Registry of Deeds. c.
Pay purchase price d.
Remit withheld taxes to the Bureau of Internal Revenue/local government treasurer e.
Obtain Bureau of Internal Revenue Tax clearance.
IROW Technical Working Group, Special Order 96, series of 2006
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims f.
Register Deed of Conveyance with Register of Deeds by filing the following documents: i.
Owner’s duplicate of certificate of title, if land is registered ii.
Latest tax declaration of real property iii.
Original of Deed of Conveyance duly signed and notarized iv.
Bureau of Internal Revenue Tax Clearance g.
Official receipt of payment of transfer tax h.
Proof of payment of Real Property Taxes with LGU
FOREST LAND
“Unless and until the land classified as forest is released in an official proclamation to that effect so that it may form part of the disposable lands of the public domain, the rules on confirmation of imperfect title do not apply (Amunategui vs. Director of Forestry, 126 SCRA
69; Director of Lands vs. Court of Appeals, 129 SCRA 689; Director of Lands vs. Court of
Appeals, 133 SCRA 701; Republic vs. Court of Appeals, 148 SCRA 480; Vallarta vs.
Intermediate Appellate Court, 151 SCRA 679).
“Thus possession of forest lands, however long, cannot ripen into private ownership (Vamo
vs. Government, 41 Phil. 161 [1920]; Adorable vs. Director Forestry, 17 Phil. 410 [1960]. A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens System
(Republic vs. Court of Appeals, 89 SCRA 648; Republic vs. Vera, 120 SCRA 210 [1983];
Director of Lands vs. Court of Appeals, 129 SCRA 689 [1984]”
HIGHWAYS APPURTENANT TO A REGISTERED LAND
Sec 39 RA 496, as amended, the Land Registration Act. Every person receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for value in good faith shall hold the same free of all encumbrance except those noted on said certificate, and any of the following encumbrances which may be subsisting namely:….Third, Any public highway, way, private way established by law, or any government irrigation canal or lateral thereof, were the certificate of title does not state that the boundaries of such highway, way, or irrigation canal or lateral thereof, have been determined. But if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appurtenant notwithstanding such failure, and shall be held to pass with the land until cut-off or extinguished by the registration of the servient estate, or in any manner.
(As amended by Act No. 2011, and Sec 4 of Act No. 3621.) (underscore supplied)
HIGHWAY-BY-USE which means that the highway has been laid out and recorded as a highway or by prescription. All lands which shall have been used by the public as a highway, airport, etc. for a period of thirty years or more, shall be a highway, airport, etc. with the same force and effect as if it had been duly laid out and recorded as a highway in the cadastral map. Reference is made to the Supreme Court decision on the case of Republic of
the Philippines/Mactan-Cebu International Airport Authority vs. Rosa Baltazar-Ramirez, G. R.
148103, July 27, 2006 of which the Court cited Art. 1141 of Civil Code on the prescription over an immovable objects such in this case the airport. The claim came after thirty-four (34) years, which is beyond the prescription period of thirty years (30).
PERIOD TO AVAIL OR PRESCRIPTION PERIOD RIGHT OF POSSESSION
Under Article 555(4) of the Civil Code, the real right of possession is lost after the lapse of 10 years.
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
In Cruz v. Court of Appeals, (98 SCRA 619) in which an action for recovery of possession and ownership of lands was brought only after 26 years had elapsed, this court ruled:
“And secondly, whether We consider the complaint of private respondents to recover possession of the property in question as accion publiciana or accion reivindicatoria, the same has prescribed after the lapse of ten years. After private respondents had abandons for 26 years the property which is unregistered land, the law as well as justice and equity will not allow them ‘to lie in wait and spring as in an ambush’ to dislodge and dispossess petitioners who during said period made and constructed residences, buildings and other valuable improvements thereon, and enjoying the fruits therefrom.
Hence, insofar as petitioners are concerned, private respondents’ cause of action was barred, not by laches, but by extinctive prescription, regardless of whether their complaints is considered as an accion publiciana or an accion reivindictoria. As regards the private respondents who did not appeal from the ruling of the Court of Appeals, this question is now final.
In Cutanda vs. Cutanda (G.R. No. 109215, July 11, 2000, 335 SCRA 418), Supreme Court said:
“Private respondents’action was an accion publiciana or action reivindicatoria to recover the right of possession and to be declared owners of the subject lands. Their complaint squarely put in issue the ownership of the lands in dispute. It may thus be properly treated as an accion reivindicatoria. As found by the Court of Appeals and by the trial court, however, petitioners’ predecessor-in-interest, Anastacio Cutanda, acquired possessio9n of said lands in 1933. On the other hand, private respondents did not assert ownership over the lands until 1988-55 years later, when they filed their remedies of accion
publiciana or accion reivindictoria must be availed within ten years.
PRESCRIPTION PERIOD POWER OF ATTORNEY
An action based in implied or constructive trust prescribes in ten years. This means that petitioners should have enforced the trust within ten years from the time of its creation
PRESCRIPTION PERIOD TO CLAIM PAYMENTS
In Lopez vs. Auditor General, 20 SCRA 655:
“Where private property is acquired by the government and all that remains is the payment of the price, the owner’s action to collect the price must be brought within ten years, otherwise it would be barred by the statute of limitations.
POWERS OF ATTORNEY: TRUSTS
SEC. 64. Power of attorney.-Any person may, by power of attorney, convey or otherwise deal with registered land and the same shall be registered with the Register of
Deeds of the providence of city where the land lies. Any instrument revoking such power of attorney shall be registered in like manner. transfer registered land in trust, or upon any equitable condition of limitation expressed therein, or to create or declare a trust or other particulars of the trust, condition, limitation or other equitable interest shall not be entered on the certificate: but only a memorandum thereof shall be entered by the words “in trust” or “upon condition”, or other apt words, and by a reference by number to the instrument authorizing or creating the same. A similar
IROW Technical Working Group, Special Order 96, series of 2006
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims memorandum shall be made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to which it relates and to the volume and page in the registration book in which it is registered.
66. declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in any manner, such power shall be stated in the certificate of title by the words “with power to sell” or “power to mortgage” or by apt words of description in case of other powers. No instrument which transfers, mortgages or any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered.
SEC. appointed by a court of competent jurisdiction, a new certificate may be issued to him upon presentation to the Register of Deeds of a certified copy of the order or judicial appointment and the surrendered for the cancellation of the duplicate certificate.
68. by reason of any implied constructive trust shall file for registration with the Register of Deeds a sworn statement thereof containing a description of the land, the name of the registered owner and a reference to the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration.
RECONSTITUTION OF CERTIFICATE OF TITLE
The reconstitution of a certificate of title denotes restoration in the original form and condition of a lost or destroyed instrument attesting the tile of a person to a piece of land.
The purpose of the reconstitution of title is to have, after observing the procedures prescribed by law, when the loss or destruction occurred. (Lee vs. Republic, G.R. No. 128195, Oct 3,
2001, 366 SCRA (524)
A reconstitution of title is the re-issuance of a new certificate of title or destroyed in its original form and condition. It does not pass upon the ownership of the land covered by the lost or destroyed title. Any change in the ownership of the property must be the subject of a separate suit. (Ibid.)
In Lee vs. Republic, the ruling likewise states:
Reconstitution of the original certificate of title must be based on an owner’s duplicate, secondary evidence thereof, or other valid sources of the title to be reconstituted.
In this case, reconstitution was based on the plan and technical description approved by the
Land Registration Authority. This renders the order of reconstitution void for lack of factual support. A judgment with absolutely nothing to support it is void.
REGISTRATION UNDER TORRENS SYSTEM merely confirms the registrants’ title. It does not vest title where there is none because registration under this system is not a mode of acquiring ownership. Land previously acquired under the Public Land Law but due to subsequent transfers are now covered by Transfer Certificate of Title (TCT) shall be subject to the prescription of strip reservation for right-of-way.
CAUTION: In order to protect the interest of the government, diligence and vigilance in checking the basis of issuance of TCT. Land previously acquired under the Public Land Law but due to subsequent transfers are now covered by Transfer Certificate of Title (TCT) shall
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims be subject to the prescription of strip reservation for right-of-way. Such liens follow every successor interest of such property.
REGISTRATION OF UNTITLED LANDS
Registration of untitled lands under the Torrens System is done pursuant to Presidential
Decree NO. 1529, the Property Registration Decree which amended and codified laws relative to registration of property.
TAX DECLARATIONS
Tax Declarations are not conclusive proofs of ownership. In spouses Palomo v. CA, the
Court also rejected tax declarations as proof of private ownership, absent any showing that the forest land in question has been classified as alienable.
TITLES
1.
Spanish Titles can no longer be countenanced as indubitable evidence of land ownership . Presidential Decree 892, Feb 16, 1976, The System of Registration under the Spanish Mortgage Law was abolished and all holders of Spanish titles or grants should cause their lands covered thereby to be registered under the Land
Registration Act within six (6) months from the date of effectivity of the said Decree or until August 16, 1976
2.
Torrens System . A title once registered under the Torrens System cannot be defeated even by adverse, open and notorious possession; neither can it be defeated by prescription. It is a notice to the whole world and as such all persons are bound by it and no one can plead ignorance of the registration (Brusas vs. CA, et.al, G.R.
No. 126875, Aug 26, 1999, 313 SCRA 176)
3.
Homestead Patent one of the modes by which public lands suitable for agricultural purposes are disposed of. Its object is to provide a home for each citizen, where his family may shelter and live beyond the reach of financial misfortune, and to inculcate in individuals those feelings of independence which are essential to the maintenance of free institutions.
Issues to any citizen of this country; over the age of 18 years or the head of a family; who is not the owner of more than twenty-four (24) hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than twenty-four (24) hectares of land since the occupation of the Philippines by the United States. The applicant must show that he has complied with the residence and cultivation requirements of a law; must have resided continuously for at least one year in the municipality where the land is situated; and must have cultivated at least one fifth of the land applied for.
4.
Free Patent may be issued where the applicant is a natural-born citizen of the
Philippines; not the owner of more than twelve (12) hectares of land; that he has continuously occupied and cultivated, either by himself or through his predecessorsin-interest, a tract or tracts of agricultural public lands subject to disposition for at least 30 years prior to the effectivity of RA 6940; and that he has paid the real taxes thereon while the same has not been occupied by any person. (Republic of the
Philippines vs. Court of Appeals and Ceferino Paredes, Jr., G.R. No. 112115, March 9,
2001, 354 SCRA 152).
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DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Manila, Philippines
Simplified Guidelines for Validation and Evaluation of IROW Claims
5.
Sales Patent Sections 11, 12 and 18 of Act No. 1120 provide:
Section 11. Should any person who is the actual and bona fide settler upon and occupant of any portion of said lands…desire to purchase the land so occupied by him, he shall be entitled to do so at the actual cost thereof to the Government, and shall be allowed ten years from the date of purchase within which to pay for the same in equal annual installments, if he so desires, all deferred payments to bear interest at the rate of four per centum par annum on all deferred payments.
Section 12….When the cost thereof shall have been thus ascertained the Chief of the
Bureau of Public Land shall give the settler and occupant a certificate which shall set forth in detail that the Government has agreed to sell to such settler and occupant the amount of land so held by him, at the prize so fixed, payable as provided in this Act… and that upon the final payment of the final installment together with all accrued interest the government will convey to such settler and occupant the said land so held by proper instrument of conveyance, which shall be issued and become effective in the manner provided in section one hundred and twenty-two of the Land Registration
Act…
Section 18. No lease or sale made by the Chief of the Bureau of Public Lands under the provisions of this Act shall be valid unless approved by the Secretary of the
Interior.
6.
Friar lands The Government holds title and are not public lands but private or patrimonial property of the Government and can be alienated only upon proper compliance with the requirements of Act. No. 1120 or the Friar Lands Act.
7.
Certificate of Land Ownership Award (CLOA) – Land titles distributed to tenants under the Land Reform Act. CLOA derived from CA 141 shall be subject to the its provision allocating a reserved strip for right-of-way. However, CLOA derived from a tenanted land through Voluntary Offer to Sell (VOS) of the landowner shall be compensated based on the zonal value.
UNREGISTERED LANDS. Sec. 113 of Property Registration Decree.
Recording of instruments relating to unregistered lands. No deed, conveyance, mortgage, lease or other involuntary instrument affecting land not registered under the Torrens System shall be valid, except as between the parties thereto, unless such instrument shall have been recorded in the manner herein prescribed in the Office of the Register of Deeds for the province or city where the land lies.
IROW Technical Working Group, Special Order 96, series of 2006
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