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0 tracked cards Civil Law and Land Titles and Deeds

Under PD 1529, original registration may be granted only for lands of the public domain that are alienable and disposable. In a coastal province, a Filipino applicant named Omar R occupies 2 hectares of a 5-hectare public-domain parcel that the DENR classifies as timberland and that has never been titled. The land has been possessed openly, exclusively, and continuously since 1997, and Omar files for original registration in the Regional Trial Court. The LRA denies the application on the ground that the land is not alienable and disposable. Is his application proper? If not, what remedy or process should he pursue to obtain a title?

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The remedy is to pursue an agrarian reform patent (CLOA) on the parcel since long possession is favored. No; the remedy is to seek reclassification of the timberland to alienable and disposable through the DENR, and, if reclassification is granted, refile for original registration. Yes; long, open, exclusive, and continuous possession for more than 30 years entitles him to title by acquisitive prescription even though the land is timberland. The remedy is to wait for possible reclassification of the land by the government without any action on his part.

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