Laws

The Constitution mandates that all lands classified as public domain, including the waters, minerals, coal, petroleum, energy reserves, fisheries, timber, forests, wildlife, and all flora and fauna therein, except for agricultural lands, are owned by the State, and the Republic of the Philippines has the sole legal authority to develop, control, and supervise all these natural resources. However, the State may also enter a joint venture or partnership with Filipino citizens, a company or association as long as at least sixty percent (60%) of its capital is owned by Filipinos and the initial agreement of such partnership must not exceed 25 years.

Lands of public domains include agricultural, forest/timber, mineral lands, and national parks. Only the ownership of agricultural lands is allowed by law to be transferred from one person to another or to a group. Private groups and companies can only operate in a land of the public domain through a lease agreement that must not exceed 25 years and subject for renewal not exceeding twenty five (25) years.

The State honors the right of every indigenous cultural community to take full responsibility in the development, management, and supervision of their ancestral lands, as acknowledged by law, to promote their cultural welfare and identity, and to help protect their economic and social well-being.

Ownerships of public domains are passed through hereditary succession; hence, the law reiterates that there must be no aliens, or individuals outside the indigenous community, that must be allowed to acquire ownership of properties classified as part of public domains.

If a title is flawed by cloud, which is seemingly valid at first glance, but is actually invalid, the law suggests that all concerned individuals should file actions to remove any cloud on the title or to make legal moves to quiet title.

Co-ownership exists when an undivided thing, property, or right belongs to different persons. But each of the co-owners has their own obligations and responsibilities that if not followed may lead to the termination of the co-ownership right.

Possession is defined as the holding of a thing or the enjoying of a right. It is also defined that a possessor in good faith is someone who isn't aware that he is entitled to possession of something or a particular right. Meanwhile, a person who made contrary actions shall be called a possessor in bad faith. There are various ways of acquiring possessions, such as through material occupation and exercising of a right, subject to the provisions of a will, and other legal grounds that may result in granting a person with ownership. The Law also protects the possessor against any act to deprive his or her possession, including forcible entry.

A usufructuary is entitled to all the natural, industrial, and civil fruits within the property in usufruct. However, when it comes to hidden treasures that may be found in the property in usufruct, the usufructuary has no right for them. The law also emphasized that usufructuary only owns those natural and industrial fruits that grow the moment that usufruct starts. But engaging in a usufruct agreement is not easy as there are conditions that a usufructuary should meet. These include conducting an inventory of all the property including appraisals for all the movables, and providing condition descriptions to the immovables. Movables pertain to personal properties which could be consumable or non-consumable; while immovables refer to construction, roads, building, and the like. Until the usufruct has been terminated, both the owner and the usufructuary have respective obligations that they must uphold.

These include crucial provisions of the Laws in Easement, including the easement or servitude which pertains to the encumbrance (interest or right entitled to someone aside from the owner of an estate that alters the transfer of the estate) upon an immovable property for the benefit of another immovable property that belongs to a different owner. The immovable property in which easement or the right to use other people's property for a specific purpose is called the dominant estate; on the other hand, the subject immovable property shall be called the servient estate.

Donation is defined as an act of liberality - a person gives something or grants a right to another person, group, or entity who willingly accepts it, without asking for any compensation or payment. The law also states that in donating a property, there are specific requirements that must be met with respect to the type of property that will be donated.