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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

In a province, a Filipino applicant named Rosa L occupies 1.8 hectares of a 4-hectare public-domain parcel classified by the DENR as timberland. The land has never been titled. Rosa has possessed the land openly, exclusively, and continuously since 2010 and files for original registration in the Regional Trial Court. The LRA denies the application on the ground that the land is timberland and not alienable and disposable. Is her application proper? If not, what remedy or process should she pursue to obtain a title?

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The land can be acquired by private sale to the government and a patent may be issued. The application is improper; timberland lands are not subject to original registration; the proper remedy is to seek DENR reclassification to alienable and disposable before applying again. The application is proper; original registration may be granted for timberland if possession is long and the land is in the public domain. Acquisitive prescription can vest title to public domain lands after 30 years of possession.

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