KINDS/LEVELS OF RELATION OF PERSONS/PEOPLE/COMMUNITY TO LAND

 KINDS/LEVELS OF RELATION OF PERSONS/PEOPLE/COMMUNITY TO LAND

WHO CAN BE OWNERS OF LAND

1.       Filipino citizens (See Krivenko v. ROD)

2.       Foreigner (Only thru succession)

3.       Natural-born Filipinos who has lost his citizenship under the terms of Section 8

§  Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

§  The area limitation does not apply to naturalborn citizen who has lost his citizenship but who has “re-acquired” the same under the Citizenship and Re-acquisition Act of 2003 because the said law grants him the right to “enjoy full civil and political rights” upon the re-acquisition of his Filipino citizenship.

§  “Subject to limitations provided by law”

o   Maximum area of 5000 Sq/m. in urban land;

o   3 hectares in case of rural land

o   In case of married couples, one of them may avail of the privilege granted.

o   But if both shall avail the same, the total area acquired shall not exceed the maximum fixed.

4.       Filipino corporations

§  At least 60% Filipino (Sec. 7, Art. XII, 1987 Constitution)

§  Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created

§  If engaged in agriculture, it is restricted to 1,024 hectares.

MAY PRIVATE CORPORATIONS HOLD ALIENABLE LANDS OF PUBLIC DOMAIN?

·         No. The word “persons” refers to natural persons who are citizens of the Philippines. Juridical or artificial persons are excluded. Sec. 3, Art. XII of the 1987 Constitution prohibits private corporations or associations from holding alienable lands of the public domain except by lease.

·         A corporation may apply for registration of a parcel of land, through lease not exceeding 1,000 hectares. Such lease shall not exceed 25 years and renewable for not more than 25 years. (Sec. 3, Art. XII, 1987 Constitution)

WHAT IS A CORPORATION SOLE?

Corporation sole—organized and composed of a single individual, the head of any religious society or church, for the administration of the temporalities of such religious society or church

MAY A CORPORATION SOLE PURCHASE AND HOLD REAL ESTATE?

·         A corporation sole is vested with the right to purchase and hold real estate and personal property

·         Corporation sole is not the owner of the properties he may acquire but merely the administrator thereof and holds the same in trust for the faithful or members of the society or church for which the corporation is organized

ALIENS MAY LEASE PRIVATE LAND

·         While aliens are disqualified from acquiring lands of the public domain, they may however lease private lands. A lease to an alien for a reasonable period is valid.

·         An alien may buy a real property in the Philippines, on condition that he is granted Philippine citizenship

MODES OF ACQUIRING OWNERSHIP

1.       occupation

2.       law

3.       donation

4.       tradition

5.       intellectual creation

6.       prescription

7.       succession

OCCUPATION	POSSESSION
Applies only to property without owner	Applies to properties whether with or without owner
Confers ownership	By itself does not confer ownership
There can be no occupation without ownership	There can be possession without ownership

 

HOW ARE LAND TITLES ACQUIRED?

1.       Public grant

2.       Emancipation patent or grant

3.       Reclamation

4.       Adverse possession/ acquisitive prescription

5.       Private grant or voluntary transfer

6.       Accretion

7.       Involuntary alienation

8.       Descent or devise