Frequently Asked Questions

What are the evidence or proof of ownership over a parcel of land?

The best evidence of ownership is the certificate of title duly issued by the Register of Deeds concerned. However, in the absence of a title, tax declaration coupled by actual possession and existence of improvement also substantiate claim for ownership.

What is a TITLE?

A title refers to the legal right to own a property and the certificate of title is the document which confers such right of ownership to an individual, association or corporation.

In subsequent registration of Title, what are necessary to effect the same?

Transfer of title is effected by executing a document such as deed of sale wherein the registered owner (seller) transfer the ownership to a buyer. The capital gains tax and other taxes must be paid before clearance can be secured from the BIR. this will be submitted to the Register of Deeds concerned, together with the title which will be surrendered for issuance of a new title in the name of the buyer.

Subsequent registration of title is a function and jurisdiction of the Register of Deeds under the LRA as the land involved is already a private property outside the jurisdiction of the DENR.

In case the registered owner dies, How can ownership be transferred to the heirs?

When a registered owner died without leaving a last will and testament, the heirs can transfer the title to themselves by executing an extra-judicial settlement of the estate, on condition that the heirs are in agreement of how to dispose the properties. If there is conflict and heirs can not agree, they should bring a case before the court which will make a decision for them.

Is possession the same as ownership? Who are informal settlers??

No. Possession means actual and exclusive control of property by physical occupation and this could be in good faith or in bad faith. On the other hand, ownership implies the legal right of possession, control and enjoyment by the owner who has established evidence that he owns the property.

Informal settlers are those in possession of land without the benefit of a title and without consent of the owner. Their possession is not permanent and has no legal basis for occupation. The possessor must strive to acquire title to the land before his possession can become permanent.

In cases where there are conflicting claims, who shall have a better right?

In cases where both claimants have no title, there are many factors to consider like actual possession. The one who occupies the land especially in good faith has better right as against someone with doubtful documents or has recently acquired rights without knowledge of the one in possession. However, all factors must be fully evaluated to determine preferential rights.

How can one acquire TITLE?

For original registration, when no title has yet been issued over a parcel of land, it can be acquired either by:

1. Judicial proceedings - by filing petition for registration in Court.

2. Administrative proceedings - filing an appropriate application for patent (e.g. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the
Original Certificate of Title by the Register of Deeds.

What are the main classification of lands as to ownership?

1.Private properties - those which are titled.
2.Public lands - those which have not been titled as well as those public dominion or outside the commerce of man such as road, public plaza and rivers.

What are Public Lands?

All Lands that are not acquired by private person or corporation, either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or
not registered to private individual are public land. these are grouped into:

1. Alienable or disposable (A & D Lands) - those that can be acquired or issued title. Our constitution provides that only agricultural lands can be disposed of to private citizens.

2. Non-alienable lands - includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within this area.

What are the modes of disposition or How can one acquire title over A&D lands?

The modes are:
1. By Homestead Patent
2. By Sales Patent
3. By Lease
4. By Free Patent or Administrative legalization

Foreshore

Q. What are the accepted definitions for Foreshore areas?

1. A string of land margining a body of water, the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit wave wash at high tide usually marked by a beach scarp or berm. (1998 Fisheries Code of the Philippines)

2. Foreshore land is a part of the shore, which is alternately covered and uncovered by the ebb and flow of the tide. (DAO 99-34, series 1999)

3. That part of the land adjacent to the sea, which is alternately covered and left dry by the ordinary flow of the tides. (The Law on Public Land Conflicts in the Philippines by Alfonso S. Borja)

4. That part of the shore, which is between high and low watermarks and alternately covered with water and left by the flux and reflux of the tides. It is indicated by the middle line between the higest and lowest tide. (Bouvier's Law dictionary, page 825)

Foreshore Lease Application

Q: What is a Foreshore Lease Application (FLA)?

A type of application covering foreshore lands, marshy lands and other lands bordering bodies of water for commercial, industrial or other productive purposes other than agriculture.

Q: Are mangrove areas/timberland covered by this type of application?

No, all mangrove areas are excluded from the coverage of this application.

Q: What is the maximum allowable area that may be leased?

Under DENR Administrative Order (DAO) No. 34, series of 1999, amy person, corporation, association or partnership may lease not more than 144 hectares.

Q: Who are eligible to apply for an FLA?

Any Filipino citizen of lawful age can apply for this application. Furthermore, corporations, associations or partnerships with at least 60% of the capital veing owned by Filipino citizens are eligible to apply for an FLA.

Q: Where should one file a Foreshore Lease Application (FLA)?

The FLA or renewal shall be filed with the Community Environment and Natural Resources Office (CENRO), which has jurisdiction over the area.

Q: How much does an application fee cost?

An application fee cost Php100.00 plus documentary stamp, which is non-refundable. this is necessary for both new application and renewal.

Q: Who has the authority to collect users fee due on foreshore leases?

The DENR Field Office (PENRO/CENRO) may be authorized to collect users fee due on leases of foreshore lands and whatever fees accruing in the usage of such areas.

Q: For how long can one lease the foreshore area (FLA term)?

The term of the Foreshore lease Contract shall be for a period of twenty-five (25) years and renewable for another 25 years, at the option of the lessor (DENR).

Q: When should one apply for a renewal of the FLA?

Application for renewal shall be filed sixty (60) days prior to its expiration.

Q: What are the preparatory requirements for the Foreshore Lease Application?

1. The application shall contain particulars of the following:

        a. Nature of the proposed utilization/feasibility study;
        b. Nature of development or activity;
        c. Location and size of the area;
        d. Sketch of the area;
        e. boundaries and description of said area;
        f. Other information that the DENR may require.

2. An application shall only be accepted if properly subscribed and sworn to by the applicant, or in the case of juridical person, by its president, general manager or duly authorized agent, and accompanied by the following documents.

        A. If the applicant is a government employee, a written permission from the department head
            or head of the agency concerned
        B. If the applicant is a naturalized Filipino citizen, a copy of the following is necessary:

            - Certificate of naturalization;
            - Certification by the Office of the Solicitor General that it has not filed or taken any action
              for his denaturalization, or any action that may effect his citizenship.

        C. If the applicant is a corporation, association or cooperative, 3 copies of the following must
            be submitted:

            - Articles of incorporation;
            - By-Laws;
            - Minutes of the latest organizational meeting of its stockholders/general assembly, electing
              the present members of the Board of Directors certified by its Secretary;
            - Minutes of the latest organizational meeting of the Board of Directors, electing the present
              officers of the corporation, association, or cooperative, certified by its Secretary;
            - Minutes of the latest organizational meeting of the Board of Directors indicating the
              authority of the officer to file the application in behalf of the corporation.

        D. If the applicant uses a name, style or trade name, 3 copies of the following must be
            submitted:

            - Certificate of registration of such name, style, or trade name with the Department of Trade
              and Industry (DTI) certified by the officer of the said Department;
            - Income tax return for the preceding years, if the applicant was already in existence at the
              time and required to file said return.

        E. Boundaries and description of said area.

        F. Other information that the DENR may require.