Tiamson introduction to land titling
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Transcript of Tiamson introduction to land titling
Advancing Philippine Competitiveness (COMPETE) Project
Introduction to Land Titling
Atty. Erwin L. Tiamson Component 3 - Access to Credit
Basic Principles• There are two basic principle that underpin land
ownership in the Philippines. ✓Regalian Doctrine - all lands belong to the State
and only by a grant from the State can land pass into private ownership.
✓Right to private ownership - The right is protected under the Constitution and under the law that gives land owners absolute control and exclusive rights on the basis of legal, state-conferred ownership, subject only to certain limitation on police power (land use and environmental protection) and eminent domain.
Public Domain & Private Domain Lands
• Public Domain Lands - are those lands that are owned by the State. ✓ All forest and mineral lands and national parks. ✓ All lands that are intended for public use and for
some public purpose, i.e roads, bridges, parks, camps, schools.
✓ Patrimonial Properties - public domain lands that are not intended for public use or purpose.
• Private Domain lands - Lands disposed by the State for private ownership. It is limited to agricultural lands under the Constitution.
Sources of Private Land Titles - Direct Grants
• Direct Grants - are public land grants from Alienable and Disposable Agricultural Lands of the Public Domain in favor of qualified citizens subject to Constitutional limitation (12 hectares).
• Public Land Application/Land Patents ✓Free Patent - issued to occupants and cultivator of
agricultural land; recently includes residential land under RA No. 10023 (2010)
✓Homestead Patent- issued to those who are willing to cultivate and settle to frontier lands
✓Sales Patents - Agricultural, Residential, Commercial and Industrial lands
Sources of Private Land Titles - Direct Grants
• The DENR has exclusive jurisdiction to dispose public lands subject (Quasi-Judicial); DENR has authority to determine conflicting claims of applicants and occupants subject to judicial review only in cases of fraud, imposition or mistake.
• DENR provides for the rules and regulations including the procedures for the processing of public land applications.
Sources of Private Land Titles - Direct Grants
• Authority to Sign Patents - Chief Executive; under E.O. No. 192 (1987) the Secretary DENR was given a general mandate to implement public land laws, with powers to delegate includes the power to sign patents and to delegate the same to such officers as he may deem fit. 5 hectares (PENRO), more than 5 but not exceeding 10 (RED), in excess of 10 (Secretary); Under RA No. 10023 the PENRO is authorize by Congress to sign patents.
Sources of Private Land Titles - Direct Grants
• Survey of the Land (Check A and D; Check if Titled; Check other claims); if land is already surveyed; check survey record DENR
• Filing of Application (CENRO) ✓ Examination of the Applicant for Personal
Qualification to own public land (Check nationality; check total landholding public grant)
✓ Examination and Inspection of the Land - Check land allocation record book; Check use and purpose; agricultural, residential, etc. (land patents)
✓ Prepare Inspection report - Public Land Inspector; approval of Land Management Officer;
Sources of Private Land Titles - Direct Grants
• Approval of application - (CENRO Approves application • If FP Patent is prepared at the CENRO for signing
of the PENRO • If Homestead - entry permit
• Final Proof (Cultivation 1/5 in 1-5 years/1 year residency)
• Re-investigation and preparation of Re-investigation report, (Cultivation, residency, etc)
• Patent is prepared and transmitted to PENRO for approval and signing
Sources of Private Land Titles - Direct Grants
• If Sales - appraisal and bidding ✓Payment ✓ Investigation report (Improvements,
cultivation, full-payment, etc) • Patent is prepared and transmitted to
PENRO for approval and signing • Approval and signing of Patents • Transmission to the Register of Deeds
(See Section 103, PD No. 1529)
Number of Patents issued under RA No. 10023
Residential Free Patents Issued 2011-2013
No
. o
f R
esi
den
tial Fr
ee P
ate
nts
Iss
ued
0
15,000
30,000
45,000
60,000
Year
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Sources of Original Titles - Indirect Grants
• Land titles that were acquired by “Operation of Law”
• Lands covered by Sec. 14 of PD No. 1529 ✓Lands under open, continuous, exclusive
and notorious possession and occupation of “alienable and disposable lands” of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.
✓Lands acquired lands by prescription ✓Lands acquired by right of accession
Sources of Original Titles - Indirect Grants
• Land titles that were acquired by “Operation of Law”
• When the conditions set by law are complied with, the possessor of the land, by operation of law, acquires a right to a grant without the necessity of a certificate of title being issued
• Registration merely confirms the title of the applicant
• The land ceases to be a part of the public domain and goes beyond the authority of the DENR to dispose
Sources of Original Titles - Indirect Grants
• Lands covered by Sec. 14 of PD No. 1529 ✓Lands under open, continuous,
exclusive and notorious possession and occupation of “alienable and disposable lands” of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.
✓Lands acquired lands by prescription ✓Lands acquired by right of accession
Sources of Original Titles - Indirect Grants
• Procedure is provided under PD No. 1529, voluntary registration (See Section 14 to 30 PD No. 1529); in brief
• Filing of the application (Regional Trial Court, BP No. 129) • Order setting the date and hour of the Initial hearing
• Publication; • Mailing; and • Posting.
• Filing of Opposition • Hearing/Default • Judgement/If there is confirmation, transmittal of the
judgement to LRA for the issuance of Decree • LRA issues Decree of registration and transmit to the Register
of Deeds • Register of Deeds registers the decree
0
300
600
900
1200
2009 2010 2011 2012 2013
Number of Decrees Issued 2009-2013
0
15000
30000
45000
60000
2010 2011 2012 2013
Decrees RFP Patents
Decree vs. RFP (2009-2013)
Two System of Land Registration
•Registration of Dealings in Unregistered Lands ✓Deed Recording System ✓Dealings on lands that has not been
formally confirmed by the State as private lands
Two System of Land Registration
•Registration of lands under the Torrens System ✓Title Recording System ✓Dealings on lands that has been formally
“adjudicated” by the State as private lands - Adjudication judicial if “by operation of
law” and administrative if from public land grant
- Transfers of subsequent titles by public instruments only
19
YEAR 2009 2010 2011 2012 2013/Sept
Issuance of new TCT
635,008 635,003 638,171 657,232 435,020
Registration of Deeds
2,668,980 2,690,000 2,702,481 3,427,516 1,931,807
Issuance of TCT vs. Reg. of Instruments (2009-2013)
20
2009
2010
2011
2012
2013/Sept
0 1250000 2500000 3750000 5000000
TCT Registration of Deeds
Issuance of TCT vs. Reg. of Instruments (2009-2013)
Government Agencies Engaged in Land Titling
2
LAND AGENCIES MANDATES DENR LRA-RD LGU NCIP RECORDS GENERATED
Original Survey; Subdivision & Consolidation
X X X X Survey Data, Maps and Plans, Narrative Descriptions,
Land Classification/Use X (X) (X) LC Maps, Land Use Maps, IP Maps
Titling X X X PLAs, Expedientes, Patents, Certificate of Titles, etc.
Registration X Certificate of Titles, Primary Entry Books
Cadastre X (X) X Cadastral Maps, Tax Maps, LRA Projection Map
• There are about 20 million parcels of residential lands in the Philippines however only 50% of these are titled and registered.
• There is, therefore, a large chunk of unproductive asset (untitled lands) that cannot be fully utilized for economic undertaking (i.e., as loan collateral).
• Residential Free Patent Law (RA No. 10023) was passed in 2010 that shortened the processing time of residential title applications, reduced costs and remove restrictions.
Titling in Residential Lands
• Address the “titling gap” by providing administrative procedure in titling residential land.
• Removes the restrictions on transfers and repurchase place on “patents”.
• Enable owners to immediately use the land as a tool in accessing credit or capital upon titling.
• Banks’ interest on this type of “Patent”.
Titling in Residential Lands
Land Titles as Credit Enhancement Mechanism
(1)"Unregistered Private Land"
Not mortgaged
(2)"Registered Private Land"
Not mortgaged
(3)"Unregistered Private Land"
MORTGAGE"
(4)"Registered Private Land"
MORTGAGE
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