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. 'L\Np OWNERSHIP AND REGISTRATION OF TITLE
Emmanuel L Genciana'
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]NTRODUCTION
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"In thebeginnin God cfeatedthe heavens and the earth. It was form-
less arid empty. . e called Ithedry ground 'land,' and the gathered' waters
Becalied it 'seas!' and God saw that it was good. Further He said, 'Let
thelandproduc~ vegeta~on: seed-bearing plants and trees on the land
thaJ bear fruit with seed in it, according to their various kinds.' And it
was so. The Ian produced vegetation: plants bearing seed according
to their kinds an trees bearing fruit with seed in it according to their.
kindS..And God aw that it was good." (From the book of Genesis).
'i(;;I;,;a.~1bs theportion o~ the earih which is ndt covered by water or may refer to as the :
. mass of soil that rise abu&e the s<;alevel. It is a place where we live and carry-out our
acpvities, as it is the esse1ce of li~eon this beautiful planet. However, history is replete
wifh conflicts and disputes arising fro.mland resou:ces. W~r~have been waged to acquire
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properties. aI1d.new fronners, changmg geographical poslnons to expand the sphere of
.inmuenceequated withp9wer. Tepsion escalates to p~otect and maintain the t~rrito~al
mJegnty of a nanon which could be devoured by mighty ones. Family feuds mtensIfy
. an within family circles*e witness the struggles of brothers against brothers, or siblings
ag inst their parerits to gAin a property which they could never bring to where they are
go ng. ..... ..... . I
The conflict among persons claiming lands and the desire to perfect their ownership
th reon illustrate the grate irripohance of this resources. This is the. only commodity
w1\:ichdoes riot depreciatb, rather; it appreciates at a sky-rocketing pace. With the con-
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~u..'.ng bU
..ist .0fPOPulatiJ~ espedally in urban areas, there is no way for the value of
. Jafd to go down. The lantJ area i~ constant and fIxed while population and the demand
.fof this resources continud to incrdase as fueled by commercial activities. All these factors
'...'YilUpre~surethe prices to la.nastrohomical height, a natural phenomena in the science of
.eClbn~:~:v::~:;:::: r:::
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:: : :s::~l:h:~::e::::'economic progress. Land must :
.h ve ~ title to b~an agenlof social development. Note that no project. or structure can
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e~er nseon a piece of land Without a survey plan and Its corresponding certificate of
ti~e. Ownership must be lestablis1\:edand its boundaries determined before any project .
. dn jumpstart from its drawing board. Thus, title is equally important without which '
lahd could never be productive ahd may remain idle. This could be the reason we see
ij' e lands amidst mountat,n of prbgress. It may have strategic location, nonetheless when
p oblem or conflict of 0 nershi~ is present it would be difficult to use this resources.
S ch conflict must be reso ved fIrs~before the same could be utilized to become a produc-
. I economic
nve . too I an d a sources 0If progress.
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Jf"",;.".:~,"m.",
DENR (formerly the Breau of Lands).
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.m_ -" "".Lan.d Management
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Bureau o.r thejl
THE IBP
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JOURNAL:
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LA~D OWNERSHIP AND REGISTRATION OF TITLE'
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. We may notice that in all Government permits, licenses and oth<:~'re~latoiy coni.' ..
cessions and issuapces have definite duration of effectivity or a date onwhich th;e same.:
expire. It is only the certificate o( title of lands that has .none ..Onceissued',it b~c6mes. '.'
indefeasible after ~e lapse of a certain period of time and may no longe'j-heques):ionecL .
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Its force and effect extend beyond the lifetime of the owner and may'.betrarisferred 'onlY' .
by ~n appropriatelmode authorized by law.This is the reason is~uanceof landtitlf isrio~
a simple process a1ndcould be complicated If there are other claImantswho::will putthclr
life at stake ta gairl a space or. a piece of this property that never depreciates~.'.' I .........
. And so, as weiwitness iclaimants struggling for possession arid ga:~eringevid~nce9f'.
ownership, we re~ized the importance of this property. bequeathed to us fram our fore~.'
fathers. It may not have the glitter of a jewel yet the price could soar.'to an astorushing'.
height ,,:here only Itherich could afford. An interesting phenomena i?th.e ~p'hereo[social
economiCSwhIch ~e are bound to accept. Yes, no one could ever bnng thiS'property toa
place where he will end-up, but the heirs who will be left behind will continue the sfruggle
if they could not tie provicjed with a clear perspective and understanding o(lant{ own~
ership and regiltration, of title. !
GENERAL PROVISIONS:
OWNERSH~ DEFINED: . . ' ..' .....
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. WHATARE ,HE RIGHTS OF AN OWNER? '<
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. In general, ow,nership is the legal right to possess a property and 'can be exerCiSed.over lings,or ..
rights. Article 426 qji the CiVillcode states the rights qf an owner: . ..!
. I. Right to Enjoy the property ' ..
. . Right!to possess
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Right,to use
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Rightto the fruits .
1. Natural fruits (product of soil) .. '.
U. Industrial fruits (produced by labor) !:,.,
lli. Civil fruits (rents or leases) i
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3.
~ght to Dispqse (example: the ri.ght to sell or donat~) '.'<' . '. ".'
Right to Recover ( example: the nght to file legal actIon If somebody IS.un-
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lawfully possessing it). '. .' . ." .' ' ..: I >.:
The fOregOinglrightsof ownership are not absolute. There are limicltionsjt:npbsed.by'
law, the State or the giver.J,example: with taxation and the eminent domain powed of the
State, land could donfiscated as when taxes are not paid or when it is needed foriI public
purpose, but alwats with due process and compensation.)
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HOWISOWNERSIPACQUIRED? . '.' .
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Generally, the modes of acquiring ownership are stated in Art. 71.2 cif.the-Civil Code'
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