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Section118. CA 141 In the case of Republic v Herbieto the court held that
Except in favor of the Government or any of its possession prior to the land’s classification as alienable
branches, units, or institutions, and disposable shall not be counted for purposes of
lands acquired under FREE PATENT OR prescription. Hence, the classification of the agricultural
HOMESTEAD provisions shall not be subject to land as alienable and disposable must be from the time of
encumbrance or alienation possession and occupation of the land since June 12,
FROM the date of the approval of the application 1945.
AND for a term of five years FROM AND
AFTER the date of issuance of the patent or grant, In Republic v Naguit the court held that it is not required
NOR shall they become liable to the satisfaction that the land be alienable and disposable on or before June
of any debt contracted prior to the expiration of 12, 1945 as it is sufficient that it be classified as A & D at
said period, the time of the application for confirmation of imperfect
title.
BUT the improvements or crops on the land
may be mortgaged or pledged to
The SC reconciled the conflict in both cases in Malabanan
o qualified persons,
v Republic where it held that the principle used in the case
o associations, or
Naguit is controlling. The phrase “possession of
o corporations.
Alienable and Disposable land under a bona fide claim of
ownership since June 12, 1945” means that “Since June
No:
12,1945” only qualifies “possession” and not
1. alienation,
classification as alienable and disposable. Hence, it is
2. transfer, or
sufficient that the land is alienable and Disposable at the
3. conveyance
time of application for confirmation of title.
of any homestead AFTER five years AND BEFORE
twenty-five years after issuance of title shall be valid
without the approval of the DENR Secretary,
which approval shall not be denied except on Classification of Lands
constitutional and legal grounds. Lands of Public Domain are classified as follows:
1. Under the 1935 Constitution
In this instance there is an implied allowance of such a. Agricultural lands
conveyance but with the consent of the DENR Secretary. b. Mineral Lands
Such prohibition is merely directory and conveyances c. Forest or Timber Lands
without the needed consent will not render the transfer 2. Under the 1977 Constitution
null and void. a. Agricultural Lands
b. Mineral Lands
There are also instances where the prohibitory period of c. Forest or Timber Lands
5 years is not applicable as held by the SC in prevailing d. Industrial Lands
jurisprudence. When the conveyance is made to e. Residential Lands
1. an immediate family member or to his heirs f. Resettlement
2. Or in an action for partition g. Grazing Lands
as these are not considered alienation for the purposes of 3. Under the 1987 Constitution
the prohibitory period. a. Agricultural lands
b. Mineral Lands
c. Forest or Timber Lands
Herbieto v Naguit
d. National Parks
The Conflict between Republic v Herbieto and that of
Republic v Naguit revolves around the interpretation of
Section 48(b) of CA 141 as to the question on: “Whether
or not possession prior to the land’s declaration as A & D
can be considered in the counting of the prescriptive
period.”