LAND TITLES & DEEDS: REGISTRABLE AND NONREGISTRABLE PROPERTIES

I. REGISTRABLE LANDS A. ALIENABLE PUBLIC AGRICULTURAL LANDS B. PRIVATE LANDS II. NON-REGISTRABLE LANDS those found in Civil Code provisions dealing with non-registrable properties (e.g., property of public dominion) A. PROPERTY OF PUBLIC DOMINION (NCC): 1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteds, and other of similar character 2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of wealth. the above are held by the State by REGALIAN RIGHT. These are res publicae in nature, and incapable of private appropriation. B. UNDER 1987 CONSTITUTION: 3) All natural resources, except agricultural lands C. SPECIAL PROPERTIES UNDER PD (NCC): 4) Rivers and their natural beds 5) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves 6) Waters rising continuously or intermittently on lands of public dominion 7) Lakes and lagoons formed by nature on public lands, and their beds 8) Rain waters running through ravines or sand beds, which are also of public dominion 9) Subterranean waters on public lands 10) Waters found within the zone of operation of public works, even if constructed by a contractor 11) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a

province, or to a city or municipality from the moment they leave such lands 12) The waste waters of fountains, sewers and public establishments EXAMPLES OF PUBLIC DOMAIN: a. b. c. d. Public market (for public use) Public plaza Municipal street or public buildings Roponggi property in Tokyo, Japan

III. SPECIFIC KINDS OF NON-REGISTRABLE PROPERTIES OR LANDS: A. FOREST OR TIMBERLAND, PUBLIC FOREST, & FOREST RESERVE GENERAL RULE: incapable of private appropriation and possession, however long, cannot be converted (30-year requirement inapplicable). EXCEPTION: If Executive Department or Legislative Department of Government has classified it as alienable and disposable, for reasons of public interest. This must be done by positive act (not necessarily by way of official proclamation, can be done by administrative orders or presidential issuances). EX. 1. Cordillera Forest Reserve (unclassified) 2. Transfer of reserved (public forest) to UP by RA 3995 FOREST LANDS does not lose its classification simply because loggers or settlers have stripped it of its forest cover. B. MANGROVE SWAMPS - understood as comprised within public forests EX. lands within the reservation for park purposes form part of the forest zone. C. MINERAL LANDS - possession of the same, however long, does not confer possessory right. D. FORESHORE LAND AND SEASHORE that part of land which is between high and low water and left dry by the flux and reflux of tides; alternatively wet and dry; when covered by sea during high tide, and tide is not caused by abnormal conditions, it is a shore.

NOTE: even alluvial formations along seashore is public domain, unless declared by executive or legislative branch as disposable. E. NAVIGABLE RIVERS, STREAMS AND CREEKS 1. RIVERS it is a compound with 3 elements (running waters, the bed, and the banks), therefore has only one nature. It is either completely public or completely private. But the navigable rivers (including beds and foreshore) are non-registrable. 2. STREAMS if navigable, the fact that it is included in title does not change its public character. 3. CREEKS a recess or arm extending from a river and participating in the ebb and flow of the sea. creeks nature as property of public domain is not altered by its conversion into a fishpond nor by mere construction of irrigation dikes, even if done by National Irrigation Administration. F. LAKES any title issued on these areas, even in the hands of an alleged innocent purchaser for value, may be canceled EX. areas which form parts of Laguna de Bay (actually a lake) G. MILITARY RESERVATIONS whether of RP or US, its reservation segregates it from public domain, and no amount of time could ripen possession into private ownership. OTHER KINDS OF RESERVATIONS (FOR SPECIAL PURPOSES OTHER THAN MILITARY): also not subject to private ownership, and cannot be subject of registration by settlers or occupants. where President, as authorized by law, issues a proclamation, this terminates any right previously acquired. He is authorized to do such under Revised Administrative Code and Public Land Act (Unfair, noh? Pag may galit sayo ang Presidente, at alam niyang nakatira ka dun yari ka, boy!) EX. 1. Presidential Proclamation reserved an area for the medical center site of Mindanao Medical Center 2. Baguio Townsite Reservation

H. WATERSHED these serve as a defense against soil erosion and guarantees steady supply of water. This forms part of natural resources (protected by Constitution). I. GRAZING LANDS while the Constitution does not specifically provide for this, such lands are considered part of forest reserve. J. PREVIOUSLY TITLED LAND this is obvious. A second decree for the same land would be null and void. First title is indefeasible. K. ALLUVIAL DEPOSIT ALONG RIVER WHEN MANMADE Where alluvial deposits were formed not because of the sole effect of the current of the rivers but as a result of special works expressly intended/designed to bring about accretion, such deposit is really an encroachment of a portion of the bed of the river, classified as public domain, and hence not open to registration.

AYN RUTH NOTES