Separate Concurring Opinion
19
GR. No. 224469
further empowered the Philippine Commission to prescribe the rules for
perfecting titles to public lands by qualified applicants. 92 Finally, Section
1693 mandated that in the sale of public domain, actual occupants shall be
given preference. 94
Shortly thereafter, or on November 6, 1902, the Land Registration Act
was enacted. It established, among others, the Court of Land Registration
tasked to hear applications for registration filed pursuant to its provisions. 95
It likewise empowered the Court of Land Registration to adjudicate
conflicting claims to title. 96
The enactment of the Land Registration Act saw the implementation
of a "complete system of registration on the general lines of the Torrens
system." 97
The Torrens system created a guarantee that certificates of title over
lands shall be indefeasible98 and that "all claims to the parcel of land are
quieted upon issuance of said certificate[,]" 99 thus:
92
93
94
95
96
97
98
99
period have the force and effect•of law in the Philippine Islands: Provided, That a single homestead
entry shall not exceed sixteen hectares in extent.
Philippine Bill of July 1, 1902, sec. 14 provides:
SECTION 14. That the Government of the Philippine Islands is hereby authorized and
empowered to enact rules and regulations and to prescribe terms and conditions to enable persons to
perfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to
the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal
decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet failed to secure
conveyance of title; and the Philippine Commission is authorized to issue patents, without
compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen
hectares in extent, which were public lands and had been actually occupied by such native or his
ancestors prior to and on the thirteenth of August, eighteen hundred and ninety-eight.
Philippine Bill of July 1, 1902, sec. 16 provides:
SECTION 16. That in granting or selling any part of the public domain under the provisions of
the last preceding section, preference in all cases shall be given to actual occupants and settlers; and
such public lands of the United States in the actual possession or occupancy of any native of the
Philippine Islands shall not be sold by said Government to any other person without the consent thereto
of said prior occupant or settler first had and obtained: Provided, That the prior right hereby secured to
an occupant of land, who can show no other proof of title than possession, shall not apply to more than
sixteen hectares in any one tract.
Owen James Jr. Lynch, Native Title, Private Right and Tribal Land Law: An Introductory Survey, 57
PHIL. L. J. 268, 276 (1982).
Act No. 496, sec. 2 provides:
SECTION 2. A court i,s hereby established to be called the "Court of Land Registration," which
shall have the exclusive jurisdiction of all applications for the registration under this Act of title to land
or buildings or an interest therein within the Philippine Islands, with power to hear and determine all
questions arising upon such applications, and also have jurisdiction over such other questions as may
come before it under this Act, subject, however, to the right of appeal, as hereinafter provided. The
proceedings upon such applications shall be proceedings in rem against the land and the buildings and
improvements thereon, and the decrees shall operate directly on the land and the buildings and
improvements thereon, and vest and establish title thereto.
Owen James Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey, 57
PHIL. L. J. 268, 281 (1982).
Owen James Lynch, Jr., Invisible Peoples and a Hidden Agenda: The Origins of Contemporary
Philippine Land Laws, 63 PHIL. L. J. 249, 281 (1988).
Id. at 282.
J. Puno, Separate Opinion in Cruz v. Secretary of Natural Resources, 400 Phil. 904, 941 (2000) [Per
Curiam, En Banc].