History of Land Ownership in the Philippines

 

HISTORY OF LAND OWNERSHIP IN THE PHILIPPINES

I. PRE-SPANISH CONQUEST

·         Ownership of land is in the concept of stewardship 

II. SPANISH LAWS

a.)    Laws of Indies

·         all lands became the exclusive patrimony and dominion of the Spanish Crown

·         Private land titles could only be acquired from the government either by purchase or by the various modes of land grant from the Crown.

b.)    Spanish Mortgage Law of 1893

·         provided for the systematic registration of titles and deeds as well as possessory claims.

·         sought to register and tax lands pursuant to the Royal Decree of 1880

c.)     Maura Law of 1894

·         last Spanish land law promulgated in the Philippines

·         required the “adjustment” or registration of all agricultural lands, otherwise the lands shall revert to the state

SPANISH TITLES ON LAND GRANTS

1.       Titulo real or royal grant

2.       Concession especial or special grant

3.       Composicion con el estado or adjustment title

4.       Titulo de compra or title by purchase

5.       Informacion possessoria or possessory information title

6.       Titulo gratuito or a gratuitous title

v  On February 16, 1976, PD 892 was issued decreeing the discontinuance of the system of registration under the Spanish Mortgage Law and the use of Spanish titles as evidence in land registration proceedings

v  PD 1529 reiterates the discontinuance of the system of registration under the Spanish Mortgage Law—provides also that the books of registration for unregistered lands under Section 194 of Administrative Code, as amended by Act 3344, shall continue to be in force, but all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of the Decree

III. PUBLIC LAND ACT

a.)    Act No. 926 (1903)

·         The first Public Land Act

·         passed in pursuance of the provisions of the Philippine Bill of 1902

·         governed the disposition of lands of the public domain

·         prescribed rules and regulations for the homesteading, selling, and leasing of portions of the public domain of the Philippine Islands, and prescribed the terms and conditions to enable persons to perfect their titles to public lands in the Islands

·         also provided for the “issuance of patents to certain native settlers upon public lands,” for the establishment of townsites and sale of lots therein, for the completion of imperfect titles, and for the cancellation or confirmation of Spanish concessions and grants in the Islands

·         operated on the assumption that title to public lands in the Philippine Islands remained in the government; and that the government’s title to public land sprung from the Treaty of Paris and other subsequent treaties between Spain and the United States

b.)    Act No. 2874 (1919)

·         passed under the Jones Law

·         more comprehensive in scope but limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave Filipinos the same privileges

c.)     CA No. 141 (1936)

·         approved on November 7, 1936

·         applies to lands of the public domain which have been declared open to disposition or concession and officially delimited and classified

·         contains provisions on the different modes of government grant, e.g., homesteads, sale, free patents (administrative legalization), and reservations for public and semi-public purpose

·         The Public Land Act has a chapter on judicial confirmation of imperfect or incomplete titles based on acquisitive prescription.