How Can One Acquire TITLE? Magpatitulo sa Public Land
How Can One Acquire TITLE?
For
original registration, when no title has yet been issued over a parcel
of land, it
can be acquired either by:
1. Judicial proceedings - by
filing petition for registration in Court.
2. Administrative proceedings - filing
an appropriate application for
patent
(e.g. homestead) in the Administrative body (DENR) and
registration
of this patent becomes the basis for issuance of the
Original
Certificate of Title by the Register of Deeds.
What are the main classification of lands as to
ownership?
1. Private Properties - those
which are Titled.
2. Public Lands - those which have not been titled
as
well as
those public dominion or outside the commerce
of man such
as road, public plaza and rivers.
What are Public Lands?
All Lands
that are not acquired by private person or corporation, either by grant or
purchase are public lands. The common understanding therefore, is that all
lands which have no title or not registered to private individual are public
land. These are
grouped
into:
1. Alienable or disposable (A & D Lands) - those
that can be acquired or issued title. Our constitution provides that only
agricultural lands can be disposed of to private citizens.
2. Non-alienable lands - includes
timber or forest lands, mineral lands, national parks. No title can be issued
over any portion within this area.
What are the modes of disposition or how can one
acquire title over A&D lands?
The modes
are:
1. by Homestead Patent
2. by Sales Patent
3. by Lease
4. By Free Patent or Administrative legalization