Can I apply for land titling of a national highway under free patent or cadastral survey if it is within my ancestral property?
In the Philippines, national highways and public roads are considered part of the public domain and are classified as public property for public use. These properties are beyond the reach of private land ownership, as they serve a critical function for the public. Under the Philippine Constitution and various laws, lands for public use, such as national highways, cannot be subject to private ownership or titling, even if they traverse through ancestral or private lands.
A key concept to understand is that of "inalienable" public lands. Under the Public Land Act (Commonwealth Act No. 141), public lands are classified as alienable and disposable (which can be subject to private ownership) or inalienable (which are reserved for public use or specific government purposes). Highways fall under the latter category. They are inalienable, which means they cannot be titled or transferred to private individuals under any circumstances.
Free Patent Application and Inalienable Lands
The Free Patent Law (Republic Act No. 10023) allows individuals to apply for title to public agricultural land that is alienable and disposable. However, this law specifically excludes inalienable lands, such as roads and highways. Since national highways are classified as inalienable lands reserved for public use, they are not subject to Free Patent applications, regardless of whether they overlap with private or ancestral properties.
Cadastral Surveys and Public Roads
Cadastral surveys are conducted by the government to delineate property boundaries and identify land ownership. While cadastral surveys may include land within ancestral domains or private holdings, they do not confer ownership over public roads or national highways. The purpose of a cadastral survey is to clarify property boundaries for lands that can be titled, and not to convert inalienable public property into private land.
Eminent Domain and Just Compensation
In cases where private property is affected by the construction or expansion of national highways, the government may exercise its power of eminent domain. This means that the state can acquire private land for public use, but it is required to provide just compensation to the landowners affected. However, this does not mean the landowner can claim title to the portion of the national highway itself.
Conclusion
In summary, national highways and public roads are classified as inalienable public lands and cannot be titled under a free patent or cadastral survey. Even if these public roads traverse private or ancestral properties, the law strictly prohibits private ownership of such lands, as they are reserved for public use. Landowners affected by road construction may seek just compensation, but they cannot apply for titling over the highway.