This document discusses land titling in the Philippines. It begins by outlining the basic principles of land ownership, distinguishing between public domain lands owned by the state and private domain lands disposed of by the state. It then describes the sources of private land titles, including direct grants from the state like free patents, homestead patents, and sales patents. It also discusses indirect grants through judicial decrees. The document provides statistics on patents and decrees issued from 2009-2013. It outlines the government agencies involved in land titling and their roles. Finally, it discusses efforts to increase titling of residential lands and how titles can be used as collateral to access credit.

1. Advancing Philippine Competitiveness (COMPETE)
Project
Introduction to Land Titling
Atty. Erwin L. Tiamson
Component 3 - Access to Credit

2. 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.

3. 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.

4. 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

5. 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.

6. 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.

7. 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;

8. 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

9. 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)

10. Number of Patents issued under RA No. 10023
Residential Free Patents Issued
2011-2013
No. of Residential Free Patents Issued
60,000
45,000
30,000
15,000
0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Year

11. 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

12. 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

13. 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

14. 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

15. Number of Decrees Issued 2009-2013
1200
900
600
300
0
2009 2010 2011 2012 2013

16. Decree vs. RFP (2009-2013)
60000
45000
30000
15000
0
Decrees RFP Patents
2010 2011 2012 2013

17. 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

18. 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. Issuance of TCT vs. Reg. of Instruments (2009-2013)
YEAR 2009 2010 2011 2012 2013/Sept
Issuance of
635,008 635,003 638,171 657,232 435,020
new TCT
19
Registration
of Deeds
2,668,980 2,690,000 2,702,481 3,427,516 1,931,807

20. 20
Issuance of TCT vs. Reg. of Instruments (2009-2013)
2009
2010
2011
2012
2013/Sept
TCT Registration of Deeds
0 1250000 2500000 3750000 5000000

21. 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

22. Titling in Residential Lands
• 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.

23. 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”.

24. 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

25. THANK YOU