New legislators urged to freeze farmland conversions

Farmer organizations urged would-be legislators to file measures that would halt the conversion of farmland, citing the need to ensure food security.

Unyon ng mga Manggagawa sa Agrikultura (UMA) proposed that the 20th Congress consider a ban on land conversion by property developers.

“The country is losing precious agricultural land that could otherwise grow food staples like rice and vegetables to real estate projects for subdivisions and golf courses, commercial districts and pseudo-industrial zones,” it said.

It also called for measures to disincentivize farmers from switching away from staples to “plantation crops” like cavendish banana, pineapple, and oil palm.

“We cannot become food self-sufficient if the state prioritizes global market demand over domestic needs,” it added.

Agrarian reform beneficiaries are often forced to sell their land to developers due to unfavorable farming conditions, farmer organizations have said.

UMA is lobbying for the refiling of a Genuine Agrarian Reform bill, which seeks the distribution of land at no cost to farmer beneficiaries and the creation of cooperatives as vehicles for productivity.

President Ferdinand R. Marcos, Jr. in 2023 signed the New Agrarian Emancipation Act, which aims to condone all loans, including interests, penalties, and surcharges incurred by agrarian reform beneficiaries.

Farmer organizations have lobbied for the insertion of anti-land conversion provisions in a proposed Land Use Act, which was approved by the House of Representatives in 2023. The bill remains pending in the Senate.

UMA said legislators need to arrest the decline in the number of farm workers by improving their working conditions.

“The number of agricultural workers has long been on the decline — not because landless farmers are finally getting land, but because of rural wage discrimination against agri-workers,” it said.

UMA also pushed for the refiling of the proposed Rice Industry Development Act, which it views as an alternative to the Rice Tariffication Law of 2019.

The bill being backed by UMA seeks to increase rice industry productivity on a three-year timetable with funding of about P400 billion.

The allocations include a rice production socialized credit program (P25 billion), an accelerated irrigation development program (P45 billion), a post-harvest facilities development program (P30 billion), a research and development and extension services program (P15 billion, and a procurement program for the National Food Authority (P310 billion).

“The government needs to do more than bring food staples like rice directly to the market; it should also purchase directly from farmers, boxing out middlemen and, in particular, the rice cartel,” UMA said.

Source: Business World

Buyer in Good Faith Only Applies to Registered Land: A Philippine Legal Perspective

When it comes to buying real estate in the Philippines, the term “buyer in good faith” often comes up, especially in land disputes. Many buyers assume that as long as they purchase a property without knowledge of any legal problems or claims, they are automatically protected. However, under Philippine law, this protection only applies if the land is registered under the Torrens system.

Let’s explore what this means and why it’s important.

Understanding “Buyer in Good Faith”

A buyer in good faith is someone who purchases a property:

• For valuable consideration (i.e., they paid for it),

• Without knowledge of any defect or competing claims over the property, and

• After exercising due diligence, such as inspecting the title and property status.

This legal doctrine is intended to protect innocent purchasers who act in good faith and rely on the apparent validity of the title.

But here’s the key limitation: this protection applies only to lands that are registered under the Torrens system.

Registered vs. Unregistered Land

Registered Land

Registered land refers to property with a Certificate of Title issued by the Land Registration Authority (LRA) under the Torrens system. Once registered, the state guarantees the title’s validity. The registered owner is presumed to have a legal and absolute title, and third parties can rely on what appears on the certificate of title.

Thus, a buyer in good faith and for value is protected—even if it turns out later that the seller acquired the land through fraud, as long as the buyer had no notice of any such defect and relied on a clean title.

Unregistered Land

Unregistered land does not have a Torrens title. Instead, ownership is often supported by tax declarations, deeds of sale, or other public documents. These documents do not guarantee ownership, and any buyer is expected to investigate thoroughly, not only the paperwork but also the actual possession and historical claims to the land.

In such cases, the doctrine of buyer in good faith does not apply in the same way. Even if a buyer acts in good faith, they can still lose the property if another person can prove a better or older claim to it. The courts do not recognize the same level of protection for buyers of unregistered land.

Key Supreme Court Rulings

The Philippine Supreme Court has consistently ruled on this principle. For example:

• In Spouses Aquino v. Frondozo (G.R. No. 174632, January 20, 2009), the Court held that a buyer of unregistered land must prove not only good faith but also a clear and superior right to the property. Mere good faith is not enough.

• In Tenio-Obsequio v. Court of Appeals (G.R. No. 107967, March 1, 1994), the Court emphasized that only buyers of registered land are protected when purchasing from someone who appears to have title.

  
  

These rulings reinforce the idea that the law protects buyers only when they rely on an official, government-issued title, not private agreements or tax declarations.

What Should Buyers Do?

If you're looking to buy land in the Philippines, here are some best practices:

1. Always check if the land is titled. Ask for a certified true copy from the Registry of Deeds.

2. Verify the title’s authenticity. Check if there are annotations like mortgages, lis pendens, or adverse claims.

3. Inspect the property personally. Ensure that the person selling it is in possession and has no disputes with neighbors or relatives.

4. Consult a lawyer or broker. Have all documents reviewed before signing or paying.

   
   

Final Thoughts

In Philippine law, "buyer in good faith" is not a magic phrase that guarantees protection. It only provides strong legal shield if the property is registered under the Torrens system. Buyers of unregistered land have a higher burden of proof and much less protection.

If you’re planning to buy real estate, make sure the land is titled and your due diligence is thorough. When it comes to property, peace of mind is worth the paperwork.

Source: Ziggurat Real Estate

What Are Your Options When Faced with Overlapping Titles?

'I tried to apply for a title over a plot of land; however, the concerned government agency informed me that a patent title had already been issued to someone else, covering a large portion of the land I occupy. What is the governing Philippines law and what can I do?'

In the Philippines, land titles and patents are governed by several laws, including:

1. Public Land Act (Commonwealth Act No. 141, as amended) – This law governs the classification and disposition of public lands, including the issuance of patents.

2. Property Registration Decree (Presidential Decree No. 1529) – This law governs the registration of land titles under the Torrens system.

3. Indigenous Peoples Rights Act (IPRA, R.A. 8371) – If the land is ancestral, this law may apply.

4. Free Patent Act (Republic Act No. 10023) – Governs the issuance of free patents to certain public lands.

What You Can Do:

Since a patent title has already been issued to another person over the land you occupy, here are your possible legal remedies:

1. Verify the Title’s Validity

• Secure a Certified True Copy of the title from the Register of Deeds to confirm its authenticity.

• Check if the title is registered under the Torrens system and verify if there were irregularities in its issuance.

2. File an Administrative Protest

• If the title was issued through a patent (e.g., free patent, homestead patent), you may file a protest with the Department of Environment and Natural Resources (DENR) - Land Management Bureau (LMB) if you believe it was erroneously granted.

• Grounds for protest may include fraud, lack of jurisdiction, or improper procedure in granting the patent.

3. File a Petition for Cancellation of Title

• If the patent titleholder obtained the land fraudulently or through misrepresentation, you can file a Petition for Cancellation of Title before the Regional Trial Court (RTC), specifically in its land registration court.

• Grounds include overlapping claims, fraud, or lack of legal basis for the issuance of the title.

4. Reconveyance Case

• If the land was wrongly titled to someone else but was originally yours, you may file a case for reconveyance in court, proving that you are the rightful owner.

• This is particularly applicable if the titleholder misrepresented ownership to obtain the land patent.

5. Seek Judicial Reconstitution of Title

• If your previous title or land rights were lost due to errors, overlapping claims, or destruction of records, you may file a petition for judicial reconstitution to restore your ownership.

6. Consider an Amicable Settlement

• If you have proof of prior possession, you may negotiate with the titleholder to relinquish or transfer ownership, especially if they acquired the land in good faith.

7. Consult a Lawyer

• Given the complexity of land laws in the Philippines, hiring a real estate or land dispute lawyer is strongly advised.

• Your lawyer can determine the best course of action based on available evidence, historical land records, and existing jurisprudence.

Since a patent title has already been issued to another person covering the land you occupy, your next step is to gather proof of your rightful claim, verify the patent’s legality, and explore administrative or judicial remedies to contest it. Act quickly, as there are legal time limits for filing land disputes.

Source: Ziggurat Real Estate