LAND TITLES Atty. Vivencio F. Abao A.ACCRETION OR ALLUVIAL DEPOSIT 1.Accretion in the sea, bay or lake - The alluvial deposit, whether naturally or artificially caused, is owned bythe State and not registrable privately. 2.Accretion along river a)If man-made or artificially caused, property of public domain. b)If caused gradually by the current of the water and attaches to anadjacent land, ownership belongs to the riparian owner. c)Not so, if caused by flood. 3.Registration of title a)Not automatically covered by riparian owners Torrens title. b)Riparian owner must file application for registration, otherwise he loses ownership by extinctive prescription to another. A.ACCRETION OR ALLUVIAL DEPOSIT 4. Essay question: Susanaownedaregisteredlandadjoininga river.Soilwasgraduallydepositedadjacenttoher land,whichby1980totaled5,000squaremeters.Jose immediatelyoccupiedanddevelopedtheaccretion, andpossesseditintheconceptofowner,openly, notoriously,exclusivelyandcontinuouslyuptothe present.Claimingnowthatthe5,000squaremeters deposit belong to her as riparian owner,Susanaappliesforregistrationoftitle.Joseopposed.Who should be adjudged owner by the court? Whatifthealluvialdepositwascausedbya flood or avulsion? B.POSSESSION SINCE JUNE 12, 1945 1.Requirements for registration: a)Landdeclaredalienableanddisposable, and classified as such at time of application for registration. b)Applicant and his predecessor-in-interest had possessedandoccupi edopenl y,excl usi vel y, conti nuousl yandnotori ousl ythel andi ntheconceptofownerformorethan30yearsandsince June 12, 1945. c)Applicant is Filipino citizen. B.POSSESSION SINCE JUNE 12, 1945 2. Essay question: For more than 30 years since 1942, Jose and hispredecessors-in-interestoccupiedinopen, exclusive,continuousandnotoriouspossession and in the concept of owner a 10 hectares portion ofalarger50hectaresalienablepublicland which was declared a forest zone in 1975. Can he stillapplynowfortheregistrationoftitleoverthe 10 hectares? Whatifthe50hectareswasdeclaredand classified as forest zone earlier in 1950? B.POSSESSION SINCE JUNE 12, 1945 3. Essay question: Aprivatecorporationhaspossessedopenly, exclusively,continuouslyandnotoriouslyanalienable anddisposablelandunderabonafideclaimfor35 yearssinceearlierthanJune12,1945.Mayitbea proper applicant for registration? Aprivatecorporationpurchasedalandfroma Filipinoindividualwhohadbeeninopen,exclusive, continuousandnotoriouspossessionofanalienable anddisposablelandfor30yearsandsincetime immemorial and under a bona fide claim of ownership.May it be a proper applicant for registration? C.ADMINISTRATIVE REGISTRATION: PATENTS 1.Kinds of patents (a)Themostcommonarefreepatentsandhomestead patents granted over disposable and alienable agricultural lands. (b)Presently, there is free patent over residential lands. 2.Prohibition against sale or conveyance (a)Thepatenteecannotsellthelandwithintheprohibitive period except to the State. (b)Land covered by free patent may be disposed of after five (5) years from grant thereof. (c)Landcoveredbyhomesteadpatentmaybedisposed after (5) years from grant thereof, but with approval of DENR Secretary before twenty (25) years. C.ADMINISTRATIVE REGISTRATION: PATENTS 3.Right of repurchase (a)Theoriginalpatentee,orifdead,hiswifeand children may exercise the right of repurchase at anytime within five (5) years from the sale. 4. Essay question: Thepatentee/granteewasindirefinancialneedand soldthelandwithintheprohibitiveperiodtohisfriendwho wantedonlytohelphim.Theformerdiedshortlyafter,andhis family executed a confirmatory sale in favour of the find before the end of the prohibitive period.The legal effects are:(a)the sale by the patentee has not been ratified by the confirmatory saleandisstillnullandvoid;(b)thefamilyisnotaffectedby paridelictoandcanstillexercisetherightofrepurchaseby tenderingthepaymenttothepurchaser;and(c)ifthefamily doesnotexercisetheirrightofrepurchase,theStatemayfile action of reversion of the land to itself. C.ADMINISTRATIVE REGISTRATION: PATENTS 5.Free patent to residential lands (a)Pertainstopublicalienableanddisposableland zonedasresidentialbyLGUandnotneededforpublicuseor public service. (b)Filipinocitizenswithcontinuouspossessionand occupation under bona fide claim of ownership for at least ten (10) years. (c)Person with dual citizenship or residing abroad (OFW) is qualified and considered an actual occupant. (d)Application filed with CENRO to be approved by PENRO.(e)Noprohibitionperiodagainstalienationor encumbrance. D.RECONSTITION OF LOST TITLE 1.New procedural rules in Manila (a) One petition for one lost title. (b) No direct filing of petition for reconstitution with RTC-OCC Manila. (c) Serve a copy of petition with Registry of Deeds concerned. (d)Submitpetition to the Office of the Clerk of Court located attheLRA,whereitisreviewedbyanexaminerforanydeficiencyor non-compliant allegations. (e)Bring original or certified copies of updated tax declaration and realestate payments to be attached to petition. (f)If source for reconstitution is the Owners Duplicate of the title, bringtheoriginalcopythereofforcomparisonwithphotocopy attached to the petition. D.RECONSTITION OF LOST TITLE 1.New procedural rules in Manila (a) One petition for one lost title. (b) No direct filing of petition for reconstitution with RTC-OCC Manila. (c) Serve a copy of petition with Registry of Deeds concerned. (d)Submitpetition to the Office of the Clerk of Court located attheLRA,whereitisreviewedbyanexaminerforanydeficiencyor non-compliant allegations. (e)Bring original or certified copies of updated tax declaration and realestate payments to be attached to petition. (f)If source for reconstitution is the Owners Duplicate of the title, bringtheoriginalcopythereofforcomparisonwithphotocopy attached to the petition. E.REMEDIES IN LAND REGISTRATION Jose and his predecessor-in-interest had possessed and occupied openly, exclusively, continuously and notoriously an alienable and disposable land in the concept of owner for more than 30 years and since June 12, 1945. He and his family continue to reside thereat but he never applied for the registration thereof. Pedro, who had never been in that land, was able to secure recently a free patent over it and caused the same to be recorded with the Registry of Deeds.Jose learned of the registration of the patent but only after ten (10) years. What legal remedy, if any, is available to Jose?