Land Titles and Deeds Midterm Exams

Total points48/90

Atty. Francis R. Doble

Arellano University School of Law
Email *
[email protected]
Name:
Celine Lorielle Gamboa
Student Number:
2020-0027
Time and Date of Class:
SAT 4PM - 6PM

Homestead patents are issued immediately upon approval of the application provided that the
applicant has complied with the conditions imposed by the law.
0/2
True
Incorrect

False
Correct answer
False

Concession Especial are Spanish titles which are granted to those who possess lands beyond their
original award.
2/2
True
False
Correct

In DENR vs. Yap, it was held that President Arroyo’s Presidential Proclamation No. 10645 was
valid as it was a mere exercise of the president’s exclusive prerogative to originally classify public
lands into A&D lands and/or Forest Lands.
2/2
True
Correct

False

PD No. 1529 establishes the Torrens System of land registration.

0/2
True
Incorrect

False
Correct answer
False

Under P.D. 705 the most important criteria in determining whether a land can be declared as
alienable and disposable land and not forest land is whether the physical feature of the land is
forested or not.
2/2
True
False
Correct

Ancestral Domains are considered as Public Lands under the IPRA Law.
0/2
True
Incorrect

False
Correct answer
False

Informacion Possesoria under the Spanish Mortgage Law is one of the modes of acquiring title to
public lands under Act. 926.
2/2
True
Correct

False

R.A. 730 allows the lease public lands for residential purposes under conditions provided by law.
0/2
True
Incorrect

False
Correct answer
False

The qualification of land surveyors or geodetic engineers is provided by the DENR as the agency
mandated to exercise general control and supervision of all surveys of lands under the Public Land
Act.
0/2
True
Incorrect

False
Correct answer
False
In Republic vs. De Guzman, the Supreme Court held that it is sufficient that the land is declared
A&D at the time of the application for original titling.
2/2
True
False
Correct

A homesteader would receive this upon after the approval of his application.
0/2
Final Proof
Patent
Incorrect

Entry Permit
Public Land Application
Correct answer
Entry Permit

Unclassified land of the public domain are considered as.

0/2
public land
conservation forest
Incorrect

agricultural land
public forest
Correct answer
public forest

These patents require prior possession of the land by the applicant before the application for a
public land grant.
0/2
Homestead, Sales and Free Patent
Incorrect

Free Patent and Homestead Patent

Agricultural and Residential Free Patent
Free Patent and Sales Patent under R.A. 730
Correct answer
Agricultural and Residential Free Patent

In 1990, Ramon acquired a vast track of registered land fronting Imuran bay in San Vicente,
Palawan. Subsequently, in 2010, the national government reclaimed around 150 hectares of land
from Imuran Bay. Ramon immediately applied with the DENR for a government grant covering 12
hectares of the reclaimed land fronting his property. A patent was subsequently granted by the
DENR to Ramon and was eventually registered to him. In 2015, the government passed a law
declaring half of the reclaimed land as A&D land and reserving the other half for the purpose of the
establishment of a navy base. Thus, the OSG filed an action against Ramon in the RTC of Palawan
for reversion of his land on the ground that it was non-registrable. Ramon opposed claiming that
the doctrine of vested right applies in this case as he already has a right to protect upon issuance
of the patent by the government. If you were the judge how would you decide the case.
0/2
I would decide in favor of Ramon as he already has an indefeasible title
I would decide in favor of Ramon as the property has already passed to the hands of a private individual
I would decide in favor of the government as Ramon has no imperfect title over the land as it was still part of
the public domain when it was awarded to him
I would decide in favor of the government as its interest is the paramount importance in award of public lands
Incorrect

Option 5
Correct answer
I would decide in favor of the government as Ramon has no imperfect title over the land as it was still part of
the public domain when it was awarded to him

The following are examples of a direct grant from the government under C.A. 141, except:
2/2
Free Patent
Residential Free Patent
Correct
Sales Patent
Homestead Patent

Under Sec. 8 of C.A. 141 the following are the criteria used in defining lands of the public domain,
except:
2/2
It must not be part of the public forest
Correct

It must be declared open to disposition or concession

It is not reserved for public or quasi-public use
It must be officially delimited and classified

All of the following are classifications of the lands of the public domain under the 1987 Constitution,
except.
2/2
Agricultural
Forest
Residential
Correct

National Park

The following are the requirements for application under RA 10023 except:
2/2
Land must be zoned residential
Land is not needed for public service and/or public use
Applicant is a natural born Filipino citizen
Correct
Continous possession and occupation for 10 years before the application

The family of Artemio have been in actual open, continuous, exclusive and notorious possession of
a parcel of land in Batangas since June 1932 except during the second world war when it was
taken over by the Japanese to be used as their base in the province of Batangas. After the war,
Artemio's family continued their possession of the land and built additional improvements which are
necessary to put up a farm. In 1970, Congress passed a law declaring part of the land as within a
military reservation, to be used as an airport for the Philippine Military. In 1980, the family of
Artemio finally had enough money to have the land registered in the Torrens System so they filed
with the RTC a petition for registration of their title. The OSG entered their appearance on behalf of
the government and filed a motion to dismiss on the ground that part of the land is part of a military
reservation and is thus, non-registrable. Artemio opposed saying that they have been in possession
of the land since June 12, 1945 and thus entitled to the title over the land notwithstanding the 1970
law declaring it as part of a military reservation. Is Artemio entitled to the title to his land.
0/2
Yes, he is entitled to the land by virtue of the long time possession of his predecessors
Yes, he is entitled to the land as they already have an imperfect title to the land
No, he is not entitled to the land as the government has expressly declared it to be part of a military
reservation
Incorrect

No, the states interest trumps any private interest over the land.
Correct answer
Yes, he is entitled to the land as they already have an imperfect title to the land

The following are public lands except:

0/2
Friar Lands
Residential Free Patent
Homestead Patents
Incorrect

Miscellaneous Sales Patent under Act. 730

Correct answer
Friar Lands
In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro. Rigor’s tract
was classified as timber/forest land while Mike’s land was classified as agricultural land. Each of
them fenced and cultivated his own tract of land continously for 30 years. In 1991, the government
declared the land occupied by Mike as alienable and disposable, and the one cultivated by Rigor as
no longer intended for public use or public service. Rigor and Mike now comes to you today for
legal advice in asserting their right of ownership over their respective lands based on their long
possession and occupation since 1960. What are the legal consequences of the 1991 declarations
of the government respecting their land/s?
2/5
The legal consequences of the 1991 declarations of is the declarations of the government is for the calculation
of the prescriptive period. State properties which are no longer intended for public use or service becomes
patrimonial, wherein it can be acquired through prescription. However, there must be an official declaration
the the land is no longer intended for public use or service before it can be acquired through prescription.

In the preceding question, may Mike validly base his claim of ownership based on prescription
under the civil code.
5/5
No. Mike may not validly claim based on prescription under the civil code as there is no express declaration
that the land in question is no longer intended for public use or public service. In the case of Malabanan,
ruled that possession and occupation of alienable and disposable public lands do not automatically convert it
to private lands. There must be an express declaration that the land is no longer intended for public use or
public service. Absence such declaration, although alienable and disposable, it cannot still be acquired
through prescription.

How about Rigor, does he have legal basis for his application for judicial confirmation of imperfect
title based on prescription as defined by the civil code given that, like Mike, his open continuous,
exclusive and notorious possession and occupation was not since June 12, 1945, or earlier, and his
tract of land was timber land until the declaration in 1991?
3/5
No. Rigor does not have a legal basis for his application for judicial confirmation of imperfect titles based on
prescription. Under PD 1529, those who are applying for confirmation of imperfect title should be in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable lands. He further
cannot claim the ground of prescription since it has not been 30 years from the time that the land was
declared alienable and disposable.

Below is the map of Baranggay San Rafael, It is located in the Municipality of Rizal a fifth class
municipality. The whole Sitio was declared Alienable and Disposable agricultural land by the DENR
in 2000 and a cadastral survey was conducted and was approved in 2002. The local government
zoned the area as agricultural lands except the area where Lots 7-10 (broken lines in the map) are
located which was zoned as residential. Which of the lots can be subject to public land application
under RA 10023 (Residential Free Patent), Explain fully.
3/5
Captionless Image

Under RA 10023, all lands that are zoned as residential areas and which are continuously possessed, occupied
and resided on for at least ten (10) years and that it was previously declared not needed for public service
and/or public use can be subjected to public land application. Provided that for a fifth class municipality the
land should not exceed one thousand (1,000) square meters. That said the following lots can be subjected to
public land application under RA 10023 are Lots 4, 5, 7, 9, and 10.
In the preceding problem which of the lot may be subjected to a public land application under Sec.
44 of CA 141 (Agricultural Free Patent) Explain fully.
2/5
Section 44 otherwise known as administrative confirmation of imperfect titles requires that there must be in
continuous occupation and cultivation of the land for the period of at least 30 years since July 4 1926 shall be
entitled to have a free patent. Provided that shall land will not exceed 24 hectares. With that, no lot in the
illustration above may be subjected to a public land application under Sec. 44 of CA 141.

Which of the lot/s can be subject to a public land application through Homestead, explain fully.
3/5
Homestead patent is defined as the patent which is issued to frontier land or newly released alienable and
disposable lands where no possessory rights exists. In the illustration above, Lots 1, 3, 6, and 8 can be
subjected to a public land application through Homestead

Which of the lot/s can be awarded by the government through the CARP, explain fully.
3/5
Lands which alienable and disposable lands of the public domain devoted to or suitable for agriculture are
covered by CARP. In the Lots illustrated above, only Lot 3 can be awarded by the government through the
CARP.

Bato acquired a vast track of agricultural land from Bruce in 1970, Bruce in turn inherited the land
from his father Tatay Dugong who has been in possession of the land since before the japanese
war in 1942. Ever since Tatay Dugong acquired the property, he has been religiously paying the
real property tax thereon, he likewise established a horse farm he named Hacienda Tokhang in the
1950’s. In 1990, the government declared the land as Alienable and Disposable land of the public
domain. In the year 2015, Bato applied for judicial confirmation of his title under Sec. 14(1) of P.D.
1529 but was opposed by the government through the solicitor general saying that the land is part
of the public domain and hence, cannot be alienated in favor of private persons. The RTC denied
Bato’s application saying that the land is indeed part of the public domain and cannot be alienated
to public persons. Subsequently, Bato’s filed an appeal to the CA. During the pendency of the case
with the CA, Bato and his lawyer had a falling out as a result of which his lawyer withdrew his
appearance. Upon the advice of his good friend Mocha, Bato now comes to you for advise on how
to proceed with the SC. On the assumption that the CA affirmed the decision of the CA, denying
your petition, how would you argue the case with the Supreme Court, explain using cases and
jurisprudence.
4/5
I would argue that Bato or his predecessors-in-interest Bruce and Tatay Dugong were in open, continuous,
exclusive, and notorious since 1942. Notwithstanding the fact the that the government declared the as
alienable and disposable land of the public domain only in 1990, it has been already 30 years of occupation
and possession immediately preceding the filing of the application for confirmation of title. Making the
nature of possession acquired through prescription in the Public Land Act. The open, continuous, exclusive,
and notorious of the land can be proved by the religious payment of the real property tax since Tatay Dugong
acquired the land in 1942. In the case of DENR v YAP, it was stated that actual proof of tax declarations from
the date in which the land was acquired, and in the name of private claimant, are sufficient to prove the
element of possession.

While hiking through the wilderness of Palawan, Kyrie discovered a waterfall. He immediately set
up camp and had lunch therein. As he was enthralled by the of scenery he went back to the place
everyday. He decided to put up a nipa hut so that he would have a place to relax whenever he feels
overwhelmed living in the city. Unknown to him, James would be occupying the place whenever he
is not around. After 30 years he decided tho apply for a government patent on the land so he could
formally own it. Upon knowledge of the application, James opposed Kyrie's application saying that
he was the one who put up the improvement therein i.e. nipa hut, thus, he is the one who is entitled
to the government grant. What is the nature of Kyrie's possession of the land?
2/5
The nature of Kyrie's possession of the land is acquisition by prescription. Kyrie is applying on the of
continuous possession and occupation for a period of not less than thirty (30) years.

In the preceding question, may James be entitled to the land?

3/5
No. James may not be entitled to the land. Public waters and any of similar character are not susceptible to
private appropriation and acquisitive prescription. These lands remain a part of the public domain and are for
public uses, until they are converted into patrimonial property of the State.
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