In the Philippine legal system, the concepts of "squatting" and "adverse possession" are often misunderstood. While many believe that staying on a piece of land for a long time automatically grants ownership, the truth is governed by a strict intersection of criminal law, civil law, and land registration statutes.
1. Defining the Terms: Squatting vs. Adverse Possession
Informal Settlers (Squatters)
In the Philippines, "squatting" is generally viewed through the lens of Presidential Decree No. 772 (although this was repealed by Republic Act No. 8368 in 1997). Today, squatting is no longer a criminal offense in the traditional sense, but it remains a civil wrong. Informal settlers are individuals who occupy land without the owner's consent and without any legal title or contract.
Adverse Possession (Acquisitive Prescription)
Adverse possession is the legal process by which an occupant gains ownership of a property through the passage of time. In the Philippines, this is known as Acquisitive Prescription under the Civil Code.
2. Acquisitive Prescription: How Ownership is Gained
The Civil Code of the Philippines distinguishes between two types of prescription:
Ordinary Acquisitive Prescription
- Duration: 10 years.
- Requirements: Possession must be in good faith and with just title.
- Context: The possessor believes they own the land (e.g., they bought it from someone they thought was the owner) and has a document (just title) that appears to transfer ownership, even if that document has a technical defect.
Extraordinary Acquisitive Prescription
- Duration: 30 years.
- Requirements: Possession does not require good faith or just title.
- Context: This applies when the occupant knows the land isn't theirs but occupies it openly and continuously without being challenged by the legal owner for three decades.
3. The "Torrens Title" Protection (The Ultimate Shield)
The most critical factor in Philippine land law is the Torrens System. Under the Property Registration Decree (P.D. 1529), once a piece of land is registered and issued an Original Certificate of Title (OCT) or a Transfer Certificate of Title (TCT), it becomes imprescriptible.
Key Rule: Prescription does not run against registered land. If a landowner has a valid Torrens Title, no amount of time—whether 10, 30, or 50 years—will allow a squatter to gain legal ownership of that land through adverse possession.
4. Essential Elements for a Claim
For a claim of adverse possession to even be considered (on unregistered land), the possession must be:
- In the concept of an owner: The person must act like the owner (paying taxes, fencing the area).
- Public: The occupation is not hidden.
- Peaceful: It was not acquired through force or intimidation.
- Uninterrupted: There is no break in the occupancy.
- Adverse: The possession is against the interests of the actual owner.
5. Rights of the Landowner: Eviction and Recovery
Landowners have several legal avenues to reclaim property from informal settlers:
Unlawful Detainer
Used when the occupant's initial possession was legal (e.g., a lease that expired) but they refused to leave. This must be filed within one year of the demand to vacate.
Forcible Entry
Used when the occupant took possession through "FISTS" (Force, Intimidation, Strategy, Threat, or Stealth). This must also be filed within one year.
Accion Publiciana / Accion Reivindicatoria
If more than one year has passed since the illegal occupation began, the owner must file these plenary actions in Regional Trial Courts to recover the right of possession or full ownership.
6. The Lina Law (Republic Act No. 7279)
The Urban Development and Housing Act of 1992, popularly known as the "Lina Law," provides protections for underprivileged and homeless citizens. While it does not give squatters ownership of the land, it mandates:
- No eviction or demolition without a court order.
- 30-day notice prior to eviction.
- Mandatory consultation between the government and the settlers.
- Relocation/Resettlement sites must be provided by the local government unit (LGU) or the National Housing Authority (NHA) before demolition can proceed in certain cases.
Summary Table
| Feature | Registered Land (Torrens Title) | Unregistered Land (Public Land) |
|---|---|---|
| Can be acquired by prescription? | No | Yes |
| Time limit for owner to evict? | None (Imprescriptible) | Subject to prescriptive periods |
| 10-Year Prescription? | Not applicable | Requires Good Faith & Just Title |
| 30-Year Prescription? | Not applicable | No Good Faith required |
Conclusion
In the Philippines, "Squatters Rights" are largely a myth regarding ownership of private, registered land. The law heavily favors the holder of a Torrens Title. However, the law also provides humanitarian safeguards through the Lina Law to ensure that evictions are conducted humanely and that the underprivileged are not left without recourse. For those occupying unregistered land, the path to ownership is long, requiring decades of open, continuous, and adverse occupation.