Acquisitive prescription requirements

Acquisitive prescription requirements | Daily Tribune

Nowadays, the transfer of land from one person to another is fairly easy. If by sale, for instance, all the buyer has to present to the Register of Deeds is the title of the previous owner, together with the deed of sale and BIR certificate authorizing registration. With that, the Register of Deeds cancels the seller’s title and issues a new one in the name of the buyer.

The title is called a transfer certificate of title, or more commonly TCT, which comes in a special bone-colored thick sheet of paper. This is evidence of the buyer’s ownership of the property.

The same holds true if the land is transferred by donation or inheritance, the two other modes of transferring ownership. Instead of the deed of sale, the deed of donation in cases of donation, or the extrajudicial settlement of estate in inheritance cases, is presented. No need for judicial proceedings or confirmation; just an administrative process as above. This is because the land had been previously registered under the Torrens system.

But what if a piece of land a person wants to have titled has no title yet. It is not owned by any person but by the State. Under the Regalian doctrine, all parcels of land belong to the State.

If the person lays claim to it because he has occupied it for a long period of time, as required by law, then he has to file a petition with the court for confirmation of title based on acquisitive prescription. This will entail the presentation of both witnesses and evidence to show that person’s right over the property.

So what are the requirements? These are discussed by the Supreme Court in a case promulgated in January last year. The SC ruled:

“As intimated, under the regime of PD 1529, the Court in Malabanan laid down the requirements for original registration under Section 14(2), which are the following: (1) a declaration that the land subject of the application is alienable and disposable; (2) an express government manifestation that said land constitutes patrimonial property, or is “no longer retained” by the State for public use, public service, or the development of national wealth; and (3) proof of possession from 1945 and in the manner prescribed by the Civil Code for acquisitive prescription, reckoned from the moment the property subject of the application becomes patrimonial property of the State.”

“Accordingly, in Republic v. T.A.N. Properties Inc., the Court enunciated that the following must be submitted to prove that a land is alienable and disposable: (1) original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records; and (2) a certificate of land classification status issued by the CENRO or the PENRO of the DENR and approved by the DENR Secretary showing that the land subject of the registration falls within the approved area per verification through survey by the PENRO or CENRO.

“With the advent of RA 11573, new requirements were set forth under Section 7 thereof for the application of original registration of land, which are: (1) duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands in the public domain; and (2) the certification of the duly designated DENR geodetic engineer shall be imprinted in the approved survey plan submitted by the applicant in the land registration court.

It is important for the applicant to show that the land is alienable and disposable. Otherwise, courts are strict and will not grant the applicant the land.

“The imprinted certification in the plan shall contain (a) a sworn statement by the geodetic engineer that the land is within the alienable and disposable lands of the public domain; and (b) the applicable Forestry Administrative Order, DENR Administrative Order, Executive Order, Proclamations, and the LC Project Map Number covering the subject land.

Consequently, if there is no available copy of the Forestry Administrative Order, Executive Order or Proclamation, it is sufficient that the LC Map Number, Project Number, and date of release indicated in the LC map be stated in the sworn statement declaring that said LC map is existing in the inventory of LC Map records of the NAMRIA and is being used by the DENR as a land classification map.”

These requirements must be faithfully proven and complied with. By that I mean to the letter. It is important for the applicant to show that the land is alienable and disposable. Otherwise, courts are strict and will not grant the applicant the land.

The quoted decision is from Republic of the Philippines v. Heirs of Rogelio P. Laudes (GR 256194, 31 January 2024).