CIVIL LAW > XIII. LAND TITLES AND DEEDS > F. Non-Registrable Properties (Civil Code)

The concept of non-registrable properties under the Philippine legal framework pertains to properties that cannot be subjected to registration under the Torrens system. These properties, enumerated and defined under the Civil Code of the Philippines (Republic Act No. 386) and other special laws, are considered inalienable or outside the commerce of man, and therefore cannot be owned, sold, or encumbered privately. Below is an exhaustive breakdown of what is considered non-registrable under Philippine civil law:

1. Properties of Public Dominion (Article 420, Civil Code)

Article 420 of the Civil Code defines properties of public dominion as those intended for public use or those intended for public service. These properties are generally non-registrable as they are inalienable and outside the commerce of man. The two main categories include:

a. Properties for Public Use

Examples: Roads, bridges, ports, rivers, streams, public parks, and plazas.
Rationale: These properties are held in trust by the State for the benefit of the public and cannot be alienated, sold, or encumbered.

b. Properties for Public Service

Examples: Military installations, government buildings, police stations, and public hospitals.
Rationale: These are specifically dedicated to public service and thus cannot be subject to private ownership or registration.

c. Properties Held in Trust for Ecological Purposes

Examples: Forest lands, mangroves, national parks, and watersheds.
Legal Basis: Presidential Decree No. 705 (Revised Forestry Code) and other environmental laws categorize these as part of the public domain for ecological preservation.

2. Patrimonial Property of the State (Article 421, Civil Code)

While patrimonial property (those no longer intended for public use or public service) may eventually become alienable and registrable under certain conditions, such a classification must first undergo reclassification or declaration as alienable and disposable by the State. Until this reclassification is made, they remain non-registrable.

Requirements for Reclassification:

Declaration by the President or an authorized government agency (e.g., DENR) that the land is alienable and disposable.
Compliance with procedural requirements under the Public Land Act (Commonwealth Act No. 141).

Non-Compliance Consequence:

Land without explicit reclassification remains part of the public domain and cannot be registered.

3. Foreshore Lands and Coastal Areas

Foreshore lands are the strips of land that are alternately covered and uncovered by the ebb and flow of the tide. These are considered part of the public domain and are therefore non-registrable, except when granted under a specific lease or special disposition by the State.

Legal Basis:

Public Land Act and jurisprudence such as the case of Director of Lands v. Funtilar.

4. Mineral Lands

Under Section 2, Article XII of the 1987 Constitution, mineral lands are owned by the State and are not subject to private ownership unless granted through specific laws (e.g., Mining Act of 1995).

Implication:

These lands cannot be registered under the Torrens system unless reclassified as alienable.

5. Lands Under Water Bodies

This includes:

Rivers, lakes, ponds, and creeks.
Lands permanently submerged underwater.

Legal Basis:

Article 502 of the Civil Code.
Case law emphasizes that these lands form part of the public domain and are exempt from registration.

6. Timberlands and Forest Lands

Under Presidential Decree No. 705, timberlands and forest lands are inalienable and non-registrable. They remain the property of the State unless explicitly reclassified as alienable.

Key Cases:

Republic v. Court of Appeals: Emphasized that forest lands, even if denuded, remain forest lands unless reclassified.

7. Cultural and Historical Properties

Properties declared as cultural treasures or historical landmarks under the Cultural Properties Preservation Act (Republic Act No. 4846) and similar laws are inalienable and cannot be registered.

8. Res Communes (Article 420, Civil Code)

These are things belonging to everyone by nature and not susceptible to appropriation, such as:

Air.
Seas.
Navigable waters.

Since these are common to all, they are outside the commerce of man and cannot be registered.

9. Lands Without Proper Proof of Alienable Status

A common issue in land registration is the failure to prove that the land applied for is alienable. In Heirs of Malabanan v. Republic, the Supreme Court clarified that the burden of proof lies with the applicant to show that the land has been classified as alienable and disposable.

Key Legal Principles in Non-Registrability

Regalian Doctrine: All lands of the public domain belong to the State, and private ownership must be established through clear evidence of alienation or grant.
Public Domain Principle: Non-registrable properties remain part of the public domain unless expressly declared alienable.
Burden of Proof: The applicant must present authoritative proof (e.g., certification from the DENR) to support the registrability of any land.

Conclusion

Properties under the categories above are non-registrable unless expressly reclassified or declared alienable by proper authority. The principles of inalienability and public trust doctrine govern the disposition of these lands and properties to ensure that they are preserved for their intended purposes. Understanding these nuances is critical in the proper application of Philippine land law.