In Philippine land law, few phrases appear more often on maps, certifications, and titles than “alienable and disposable” (A&D). Yet many buyers are unsure what it really means—and, more importantly, how it affects the safety of a land purchase.

Below is a detailed legal-style guide, in the Philippine context, on:

What alienable and disposable means
Why it matters when buying land
How to verify classification and ownership
A step-by-step due diligence checklist to reduce risk

Note: This is general legal information, not individualized legal advice. For a specific transaction, it’s wise to consult a Philippine lawyer and licensed professionals (geodetic engineer, broker, etc.).

I. The Legal Backdrop: The Regalian Doctrine

Philippine land law starts with the Regalian doctrine:

All lands of the public domain and natural resources belong to the State.

From that doctrine, the Constitution and various laws classify land into categories such as:

Agricultural lands
Forest or timber lands
Mineral lands
National parks and protected areas
Other reservations (military, civil, etc.)

Only certain lands can be privately owned in the full sense and conveyed by sale, donation, etc. This is where “alienable and disposable” comes in.

II. What Does “Alienable and Disposable” Mean?

A. Basic Definition

Alienable and disposable (A&D) lands are agricultural lands of the public domain that the State has declared open for private ownership or disposition.

Alienable – they may be “alienated”, meaning:
- Transferred from the State to private persons or entities
- Conveyed thereafter between private parties (sale, donation, inheritance, etc.)
Disposable – they may be “disposed of” under existing laws:
- Free patents
- Homestead patents
- Sales patents
- Other government grants or modes of disposition

Put simply:

If the land is not declared alienable and disposable, it cannot become validly private property, no matter what tax declaration or title documents people show you.

This is crucial: classification by the State (as A&D) is different from mere possession or even registration. A title or tax declaration over non-A&D (e.g., forest land) can be void or highly vulnerable to cancellation.

III. Alienable & Disposable vs. Inalienable Land

A. Common Land Categories

Alienable & Disposable (A&D) Agricultural Land
- Can be the subject of:
  - Free patents
  - Homestead/sales patents
  - Subsequent Torrens titles
- Can be bought, sold, mortgaged, inherited, leased, etc., subject to nationality and other restrictions
Forest or Timber Land
- Inalienable; reserved for public use, watershed protection, timber production, etc.
- Cannot be the subject of valid private titles (except in very limited, exceptional situations arising from earlier legal regimes).
Mineral Land
- Typically subject to mineral agreements, FTAA, etc., not ordinary land titles.
- Ownership usually pertains to improvements, not the land.
National Parks and Protected Areas
- Inalienable unless reclassified by law.
- Any title or tax declaration over such areas can be void.
Other Reservations
- E.g., military reservations, townsites, civil reservations
- Generally inalienable unless lifted or reclassified by the proper authority.

B. A&D vs. Private Land

A&D land may still be part of the public domain until lawfully disposed (e.g., via patent).
Once validly disposed and titled, it becomes private land.
Private land can be alienated according to the Civil Code and special laws, subject to:
- Nationality requirements
- Agrarian reform limitations
- Zoning & land-use regulations
- Other special laws (e.g., IPRA for ancestral domains)

IV. Who Declares Land Alienable and Disposable?

The State, through the executive and relevant agencies, classifies land. Historically and up to now, this is done by:

Presidential proclamations and executive orders
DENR (Department of Environment and Natural Resources), particularly:
- Land Management Bureau (LMB)
- CENRO/PENRO offices (Community/Provincial Environment and Natural Resources Offices)
Supporting technical agencies like NAMRIA (National Mapping and Resource Information Authority), which prepare official maps and surveys.

Only valid official acts (law, proclamation, administrative issuance) can:

Convert forest land to agricultural land
Declare specific parcels or areas as A&D

Private parties cannot unilaterally “convert” land into A&D by long possession, private surveys, or tax declarations alone.

V. Why Classification Matters So Much

Validity of Title
- A Torrens title over land that is, in reality, forest or inalienable public domain can be:
  - Null and void, even if it has existed for years
  - Subject to cancellation in a land registration or reconveyance case
Security of Ownership
- Banks, buyers, and investors often require:
  - Clear proof that the property is indeed A&D at the time of initial disposition
  - Or that it was already private land (e.g., by prior legitimate title)
Risk of Government Reversion
- The State, through the OSG or concerned agencies, may file cases to revert erroneously titled public land back to the State.
- A buyer who did not do proper due diligence can lose both the land and the money paid.
Compliance with Other Laws
- Agrarian reform laws, IPRA, zoning laws, and environmental protection statutes often interact with the question of whether land is public, private, A&D, or inalienable.

VI. How to Check if Land is Alienable and Disposable

When buying land in the Philippines, especially non-urban or rural land, it is crucial to verify that:

The land is within an alienable and disposable area; and
The title or right being sold traces back to a valid disposition of A&D land.

Step 1: Start with Basic Documents

Ask the seller for:

For titled land:
- Photocopy of the Torrens Title (OCT or TCT)
- Latest Real Property Tax Declaration
- Latest Tax Clearance (no delinquency)
For untitled land (high risk):
- Tax declarations
- A&D certification (if any)
- Deeds or patents (e.g., Free Patent, Homestead or Sales Patent)
- Survey plan (approved by the DENR/LMB), if available

These are just starting points. They do not prove A&D classification by themselves.

Step 2: Verify Title with the Registry of Deeds

Go to the Registry of Deeds (RD) where the land is located and:

Request a Certified True Copy (CTC) of the title.
Examine:
- Title number and registered owner
- Technical description (lot number, survey number, area, boundaries)
- Annotations on the back:
  - Mortgages
  - Adverse claims
  - Court cases (lis pendens)
  - Easements and restrictions
  - Encumbrances such as leases or notices of levy

Note: A clean title with no annotations is not enough if the land itself is inalienable in law.

Step 3: Confirm Land Classification with DENR

This is the core step to determine if land is A&D.

Go to the CENRO/PENRO where the land is located.
Request an official Land Classification / Land Status Map and/or a Certification stating:
- That the parcel lies within alienable and disposable land
- The corresponding Project Number, Land Classification Map number, and date of release
Provide the lot’s:
- Technical description from the title
- Or coordinates (from a geodetic engineer’s survey)
- Or the survey number/lot number stated in the title or tax declaration

In many transactions, lawyers insist on a DENR Certification with clear references to LC maps to support the legality of the initial disposition.

Step 4: Technical Verification (Survey / Geodetic Engineer)

Hire a licensed geodetic engineer to:

Relocate boundaries on the ground based on the title’s technical description
Confirm if the land:
- Lies within A&D area using official maps and GIS data
- Does not overlap with:
  - Forest or timber lands
  - Protected areas
  - Existing titled properties
  - Roads, rivers, or required easements

This protects you from problems like:

Encroachment into forestlands
Overlapping titles or double-registration
Wrong location (titles describing one lot but land shown elsewhere)

VII. Ensuring the Seller Has the Right to Sell

Even if the land is A&D and properly titled, you must ensure the seller is legally capable of selling.

A. Verify the Seller’s Identity and Capacity

Ask for government-issued IDs (passport, driver’s license, UMID, etc.).
Check marital status:
- If married, confirm if the property is:
  - Conjugal or community property (often yes if acquired during the marriage)
  - Separate property (e.g., inherited before marriage, with proof)
- Typically, both spouses should sign the Deed of Sale.
If the seller is a corporation:
- Check its SEC registration, latest General Information Sheet, and Articles/By-laws.
- Request a Board Resolution or Secretary’s Certificate authorizing the sale.
- Ensure foreign ownership limits (40% max foreign for land-owning corporations) are respected.
If someone is acting under a Special Power of Attorney (SPA):
- Ensure the SPA is:
  - Notarized (and apostilled/consularized if executed abroad)
  - Specific to the same property and type of transaction
  - Still valid and not revoked

B. Nationality Restrictions

Under Philippine law:

Only Filipino citizens and corporations at least 60% Filipino-owned may own land.
Foreigners generally cannot own land, except:
- By hereditary succession (direct inheritance, not via sale disguised as inheritance)
- Through up to 40% ownership in a land-owning corporation
Foreigners can own condominium units (subject to the 40% foreign ownership cap in the condo corp), but not the underlying land directly.

If you are not a Filipino, you must be particularly careful about:

Structures designed to circumvent the 60–40 rule (e.g., dummy arrangements, “name-lending”)
The Anti-Dummy Law, which imposes criminal penalties for such schemes.

VIII. Other Legal Issues Interacting with A&D Status

A. Agrarian Reform (CARP/CARPER)

Land distributed to farmer-beneficiaries under agrarian reform may be covered by:
- Emancipation Patents (EPs)
- Certificates of Land Ownership Award (CLOAs)
These titles often carry restrictions:
- Prohibitions on sale or transfer within a certain period
- Requirements that the buyer also be a qualified farmer

Buying agrarian reform land without complying with these restrictions is risky and may be void or voidable.

B. Ancestral Domains and IPRA

Under the Indigenous Peoples’ Rights Act (IPRA):

Certain lands are recognized as ancestral domains or ancestral lands.
These are governed by Certificates of Ancestral Domain Title (CADT) or Certificates of Ancestral Land Title (CALT).
Transactions often require:
- Free and prior informed consent (FPIC) of the indigenous community
- Compliance with NCIP (National Commission on Indigenous Peoples) rules

You must ensure that the land you are buying is not part of an ancestral domain, or if it is, that all IPRA requirements are met.

C. Zoning, Easements, and Local Ordinances

Even if land is A&D, local regulations may:

Limit its use (residential, commercial, agricultural, industrial, etc.)
Impose easements along:
- Rivers and shorelines
- Roads and highways
- Power lines or infrastructure corridors

Verify with the City/Municipal Planning Office and Assessor’s Office:

Zoning classification
Compliance with the Comprehensive Land Use Plan (CLUP)
Whether the property is affected by road-widening projects or other public works

IX. Common Red Flags in Land Purchases

Watch for these warning signs:

“Tax Declaration Only” without title
- Tax declarations do not prove ownership.
- They simply show that someone is paying real property tax.
- Particularly risky if the land status is unclear, or within possible forest or public land.
Title issued very recently over formerly forested or public land
- May indicate an irregular or fraudulent titling.
- Check the history of the title and supporting records.
Discrepancies in area or boundaries
- Title area vs. actual area
- Survey plan vs. what occupants/neighbors say
- Overlaps with other titles or claims
Multiple claimants or occupants
- Actual occupants refusing to recognize the seller’s ownership
- Pending disputes at the barangay, DENR, DAR, NCIP, or courts
Heavily discounted price
- A price far below market value may signal underlying legal or classification problems.
Seller refuses due diligence
- Won’t provide certified copies
- Opposes visits to the RD, DENR, or LGU offices
- Wants everything rushed and in cash

X. Step-by-Step Due Diligence Checklist

Here is a practical checklist for ensuring a safer land purchase in the Philippines, focusing on A&D and legal safety:

1. Pre-Screening

Ask for:
- Photocopy of title or tax declaration
- Sketch or location plan
- Any existing DENR or LGU documents
Do a quick risk assessment:
- Is it near forested or mountainous areas?
- Is the price suspiciously low?
- Are there known disputes?

2. Title & Ownership Verification

Get a Certified True Copy of the title from the RD.
Check:
- Owner’s name (matches seller?)
- Encumbrances, adverse claims, mortgages
- Nature of title (OCT, TCT, EP, CLOA, etc.)
- History or previous titles, if accessible
Verify seller’s capacity:
- IDs, marital status, authority documents (SPA, corporate resolutions)

3. DENR Classification & Survey

Secure a DENR land classification or status certification:
- Confirm land is alienable and disposable, with LC map references.
Engage a geodetic engineer to:
- Plot the land using technical description
- Check against official maps (A&D vs. forest, protected areas)
- Conduct a relocation survey if needed

4. LGU and Other Agency Checks

City/Municipal Assessor:
- Confirm tax declaration details and registered owner
- Check tax payments and arrears
Treasurer’s Office:
- Obtain Tax Clearance
Planning/Zoning Office:
- Confirm zoning classification
- Ask about road-widening or infrastructure projects
DAR, NCIP, or other agencies (as applicable):
- Check for agrarian reform coverage or ancestral domain issues

5. On-Site Inspection

Physically inspect the property:

Meet actual occupants and neighbors.
Verify:
- No surprise structures, tenants, or farmers claiming rights
- Boundaries match what’s in the title and survey
Ask neighbors about:
- Any disputes
- History of ownership

6. Documentation of the Sale

Have a lawyer draft or review a Contract to Sell or Deed of Absolute Sale.
Ensure:
- Proper description of the property
- Accurate purchase price and terms
- Clear representations and warranties by the seller, especially:
  - That the land is A&D and lawfully titled
  - That there are no hidden liens or claims
Sign in the presence of a notary public.
Keep original notarized copies for registration.

7. Registration & Transfer

Pay applicable taxes and fees:
- Capital gains tax / creditable withholding tax
- Documentary stamp tax
- Transfer tax
- Registration fees
File for transfer of title at the Registry of Deeds.
Obtain:
- New TCT in your name
- Updated Tax Declaration in your name

XI. Special Caution for Untitled but “A&D” Land

Many people will claim:

“Walang titulo, pero alienable and disposable na yan. (No title yet, but it’s already alienable and disposable.)”

This is particularly risky because:

A&D classification alone does not automatically make someone owner.
There must be a valid mode of disposition (patent, grant, sale from the government, etc.) and compliance with land registration rules.
“Possession plus tax declarations” over public land often do not suffice to perfect title under current law.

If dealing with untitled but allegedly A&D land, you should be prepared for:

Longer, more complex procedures
Higher risk of overlapping claims
Possible government reversion actions if improper titling is attempted

As a buyer, you may want to insist that the seller first secures proper title (e.g., through a free patent or judicial titling) before you finalize the purchase, or structure the agreement to reflect these risks.

XII. Key Takeaways

Alienable and Disposable (A&D) lands are agricultural public lands the State has officially opened for private ownership.
Only A&D lands can be validly titled and privately owned (subject to nationality and other restrictions).
A Torrens title is strong, but not absolute if the land itself was inalienable at the time of initial disposition.
Safe land purchase in the Philippines requires both:
- Verifying A&D status and classification through DENR & technical checks; and
- Verifying good title and seller’s capacity through RD, LGU, and on-ground due diligence.
Beware of:
- “Tax dec only” deals
- Recent or suspicious titles in forested or remote areas
- Overnight bargains and sellers who resist comprehensive verification.

By understanding what alienable and disposable truly means—and by following a disciplined due diligence process—you significantly reduce the risk of buying problematic land and protect your investment under Philippine law.