LAND TITLES AND DEEDS

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CHAPTER I
General Provisions
Concept of Jura Regalia
Under the concept of jura regalia,
private title to land must be traced to
some grant, express or implied, from
the Spanish Crown or its successors,
the American Colonial government,
and
thereafter,
the
Philippine
Republic.
In its broad sense, the term jura
regalia refers to royal rights, or
those rights which the King has by
virtue of his prerogatives. By fiction
of law, the King was regarded as the
original proprietor of all lands, and
the true and only source of title, and
from him all lands were held.
Torrens System of Registration
Generally, are meant those systems
of registration of transactions with
interest in land whose declared
object is, under governmental
authority, to establish and certify to
the ownership of an absolute and
indefeasible title to realty, and to
simplify its transfer.
Purpose of Torrens System
To quiet title to land and to stop
forever any question as to its legality.
Advantages of Torrens System
1. It has substituted security for
insecurity.
2. It has reduced the cost of
conveyance and the time occupied
from months to days.
3. It has exchange brevity and
clearness for obscurity and verbiage.
4. it has so simplified ordinary dealings
that he who has mastered the three
Rs
can
transact
his
own
conveyancing.
5. It affords protection against fraud.
6. It has restored to their just value
many estates held under good
holding titles but depreciated in
consequence of some blur or
technical defect, and has barred the
reoccurrence of any similar faults.

Jurisdiction
Section 2 of PD No. 1529 provides
that Courts of First Instance (now
Regional Trial Courts) shall have
exclusive
jurisdiction
over
all
applications for original registration
of
titles
to
lands,
including
improvements and interest therein
and over all petitions filed after
original registration of title, with
power to hear and determine all
questions
arising
upon
such
applications or petitions.
As amended by RA No. 7691, Sec.
34 of BP Blg. 129 known as the
Judiciary Reorganization Act of
1980, grants MeTC, MTC and MCTC
the delegated jurisdiction to hear and
determine
cadastral
of
land
registration cases in the following
instances:
1. where the lot sought to be
registered is not the subject of
controversy or opposition; or
2. where the lot is contested but the
value thereof does not exceed
P100,000.00, such value to be
ascertained by the affidavit of the
claimant or by the agreement of the
respective claimants, if there be
more than one, or from the
corresponding tax declaration of the
real property.
Pursuant to Sec. 19(2) of BP 129, as
amended, RTCs shall exercise
exclusive original jurisdiction in all
civil actions which involve the title to,
or possession of, real property, or
any interest therein, where the
assessed value of the property
exceeds P20,000.00, or for civil
actions in Metropolitan Manila,
where
such
value
exceeds
P50,000.00, except actions for
forcible entry into and unlawful
detainer of lands or buildings,
original jurisdiction over which is
conferred upon the MeTCs, MTCs
and MCTCs.

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CHAPTER II
The Land Registration Commission
and its Registries of Deeds
The Land Registration Authority
A government agency created under
the executive supervision of the
Dept. of Justice in order to have a
more efficient execution of the laws
relative to the registration of lands,
geared to the massive and
accelerated land reform and social
justice program of the government.
Office of the Register of Deeds
A
government
agency
which
constitutes a public repository of
records of instruments affecting
registered or unregistered lands and
chattel mortgages.
It shall be the duty of the Register of
Deeds to immediately register an
instrument presented for registration
dealing with real or personal property
which complies with all the requisites
for registration.
Lands Management Bureau
A government agency whose
function is to verify and approve
original survey plans for all purposes
in order to assure compliance with
established standards and minimize
irregularities in the execution of land
surveys for purposes of land
registration.
CHAPTER III
Ordinary Registration Proceedings
Who May Apply
The following persons may file in the
proper RTC an application for
registration of title to land, whether
personally or through they duly
authorized representatives:
1. Those who by themselves or through
their predecessors-in-interest have
been in open, continuous, exclusive
and notorious possession and
occupation
of
alienable
and
disposable lands of the public

domain under a bona fide claim of

ownership since June 12, 1945;
2. Those who have acquired ownership
of private lands by prescription under
the provisions of existing laws;
3. Those who have acquired ownership
of private lands or abandoned river
beds by right of accession or
accretion under the existing laws;
4. Those who have acquired ownership
of land in any other manner provided
by law.
Laws Governing Land Registration
1. Public Land Act (CA No. 141)
Governs the judicial confirmation of
imperfect or incomplete titles on the
basis of possession and occupation
of alienable portions of the public
domain in the manner and for the
length of time required by law.
2. Property Registration Decree (PD
No. 1529)
A codification of all laws relative to
registration
of
property,
and
supersedes all other laws relative to
registration of property.
3. Cadastral Act (Act No. 2259)
An offspring of the system of
registration
under
the
Land
Registration Act which aims to serve
public interests by requiring that the
title to any lands be titled and
adjudicated.
4. Indigenous Peoples Rights Act
(RA No. 8371)
Recognizes the rights of ownership
and possession of ICCs/IPs to their
ancestral domains and ancestral
lands on the basis of native title, and
defines the extent of these lands and
domains.
I. Registration Under the Public
Land Act (Judicial Confirmation of
Imperfect or Incomplete Titles)
As a rule, no title or right to, or equity
in, any lands of the public domain
may be acquired by prescription or
by adverse possession or occupancy
except as expressly provided by law.
The Public Land Act recognizes the
concept of ownership under the civil
law. This ownership is based on

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adverse possession and the right of

acquisition is governed by Chapter
VIII on judicial confirmation of
imperfect or incomplete title.
Requisites:
1. The applicant must be a Filipino
citizen;
2. He must have, by himself or through
his
predecessors-in-interest,
possessed
and
occupied
an
alienable and disposable agricultural
portion of the public domain;
3. Such possession and occupation
must have been open, continuous,
exclusive, notorious and in the
concept of owner, since June 12,
1945; and
4. The application must be filed with the
proper court.

Private corporations or associations

may not hold such alienable lands of
the public domain except by lease,
for a period not exceeding 25 years,
renewable for not more than 25
years, and not to exceed 1,000
hectares in area.

.
II. Registration Under the Property
Registration Decree
Requisites:
1. The property in question is alienable
and disposable land of the public
domain;
2. The applicants, by themselves or
through
their
predecessors-ininterest, have been in open,
continuous, exclusive and notorious
possession and occupation; and
3. Such possession is under a bona
fide claim of ownership since June
12, 1945 or earlier.
1. Ownership by Prescription
Prescription is one of the modes of
acquiring ownership under the Civil
Code.
Properties classified as
alienable public land may be
converted into private property by
ordinary prescription of 30 years,
without need of title or good faith.
With such conversion, such property
may
now
fall
within
the

contemplation of private lands

under Sec. 14(2), and may be
registered even if the possession
commenced on a date later than
June 12, 1945.
By prescription, one acquires
ownership and other real rights
through the lapse of time in the
manner and under the action laid
down by law. All things are within
teh
commerce
of
men
are
susceptible of prescription, unless
otherwise provided. Property of the
State or any of its subdivisions not
patrimonial in character shall not be
the object of prescription.
Acquisitive prescription of dominion
and other real rights may be ordinary
or
extraordinary.
Ordinary
acquisitive
prescription
requires
possession of things in good faith
and with just title for the time fixed by
law.
Ownership and other real rights over
immovable property are acquired by
ordinary
prescription
through
possession of ten years. Ownership
and other real rights over immovable
also prescribe through uninterrupted
adverse possession thereof for 30
years, without need of title or of good
faith.
While prescription is concerned with
the fact of delay, laches is concerned
with the effect of delay. Prescription
is a matter of time; laches is
principally a question of inequity of
permitting a claim to be enforced,
this inequity being founded on some
change in the condition of the
property or the relation of the parties.
Prescription is statutory; laches is
not.
Laches applies in equity,
whereas prescription applies at law.
Prescription is based on a fixed time,
laches is not.

2. Ownership by right of accession

Under Art. 461 of the Civil Code,
river beds which are abandoned
through the natural change in the
course of the waters ipso facto
belong to the owners whose lands
are occupied by the new course in

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proportion to the area lost. However,

the owners of the lands adjoining the
old bed shall have the right to
acquire the same by paying the
value thereof, which value shall not
exceed the value of the area
occupied by the new bed.
The requisites for the application of
Art. 461 are:
1. The change must be sudden in
order that the old river may be
identified;
2. The changing of the course must
be more or less permanent, and
not temporary overflooding of
anothers land.
3. The change of the river must be a
natural one, i.e., caused by
natural forces and not by artificial
means.
4. There
must
be
definite
abandonment by the government.
5. The river must continue to exist,
that is, it must not completely dry
up or disappear.

3. Ownership by right of accession

Art. 457 of the Civil Code provides
that to the owners of lands adjoining
the banks of rivers belong the
accretion which they gradually
receive from the effects of the
current of the waters.
The article requires the concurrence
of three requisites before an
accretion is said to have taken place.
They are:
1. That the deposit be gradual and
imperceptible.
2. That it be made through the
effects of the current of the water.
3. That the land where accretion
takes place is adjacent to the banks
of rivers.
The accretion does not automatically
become registered land just because
the lot which receives such accretion
is covered by a Torres title. As such,
it must also be placed under the
operation of the Torrens system.
Thus, where petitioner never sought
the registration of the alluvial
property, the increment never
became registered property, hence,

not subject to the protection of

imprescriptibility
of
registered
property under the Torrens system.
Consequently, the land may still be
acquired through prescription by
third persons.
It should be noted, however, that
alluvial formation along the seashore
is part of the public domain and,
therefore, not open to acquisition by
adverse possession by private
persons. It is outside the commerce
of man, unless otherwise declared
by either the executive or legislative
branch of the government to the
effect that the land is no longer
needed for coast guard service, for
public use or for special industries,
they continue to be part of the public
domain not available for private
appropriation or ownership.

III. Registration Under The IPRA

Indigenous Peoples Rights Act

(RA No. 8371) a law dealing with a
specific group of people, i.e., the
indigenous cultural communities
(ICCs) or the indigenous peoples
(IPs), which allows them to obtain
recognition of their rights of
ownership over ancestral lands and
ancestral domains by virtue of native
title.
Under the IPRA, ancestral lands and
ancestral domains are not deemed
part of the lands of the public domain
but are private lands belonging to
ICCs/IPs
who
have
actually
occupied, possessed and utilized
their territories under claim of
ownership since time immemorial by
virtue of native title.
The rights of the ICCs/IPs to their
ancestral domains and ancestral
lands may be acquired in two
modes: (a) by native title over both
ancestral lands and domains; or (b)
by Torrens title under the Public Land
Act and the Land Registration Act
(now Property Registration Decree)
with respect to ancestral lands only.

Indigenous Cultural Communities/

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Indigenous Peoples refers to a group

of people or homogenous societies who
have continuously lived as organized
community on communally bounded and
defined territory, and who have, under
claims of ownership since time
immemorial, occupied, possessed and
utilized such territories, sharing common
bonds of language, customs, traditions
and other distinctive cultural traits.
Ancestral domains refers to all areas
generally
belonging
to
ICCs/IPs
comprising lands, inland waters, coastal
areas, and natural resources therein,
held under a claim of ownership,
occupied or possessed by ICCs/IPs, by
themselves or through their ancestors,
communally or individually, since time
immemorial, continually to the present
except when interrupted by war, force
majeure, et al.
Ancestral lands refers to land
occupied, possessed and utilized by
individuals, families and clans who are
members of the ICCs/IPs since time
immemorial, by themselves or through
their predecessors-in-interest, under
claims of individual or traditional group
of ownership, continuously to the
present except when interrupted by war,
force majeure, et al.
Native title refers to ICCs/IPs preconquest rights to lands and domains
held under a claim of private ownership
as far back as memory reaches.
CADT is similar to a Torrens title which
is an evidence of private ownership of
land by native title.
Requisite Steps in Registration of
Land Under the Torrens System
1. Survey of land by the Lands
Management Bureau or a duly
licensed private surveyor;
2. Filing of application for registration
by the applicant or, if applicant is not
a resident of the Philippines, his duly
authorized
representative
or
attorney-in-fact;

3. Setting of the date for the initial

hearing of the application by the
court;
4. Transmittal of the application and the
date of initial hearing together with
all the documents or other evidences
attached thereto by the Clerk of
Court to the Land Registration
Authority;
5. Publication of the notice of the filing
of the application and date and place
of hearing in the Official Gazette and
in
a
newspaper
of
general
circulation;
6. Service of notice upon contiguous
owners, occupants and those known
to have interests in the property by
the sheriff;
7. Filing of answer to the application by
any person whether named in the
notice or not;
8. Hearing of the case by the court;
9. Promulgation of judgment by the
court;
10. Issuance of an order for the issuance
of a decree declaring the decision
final and instructing the LRA to issue
he decree of confirmation and
registration;
11. Entry of the decree of registration in
the LRA;
12. Sending of copy of the decree of
registration to the corresponding
Register of Deeds; and
13. Transcription of the decree of
registration in the registration book
and the issuance of the owners
duplicate original certificate of title to
the applicant by the Register of
Deeds, upon payment of the
prescribed fees.

Failure to comply with the foregoing

requirements will justify the court in
denying
the
application
for
registration.

I. CITIZENSHIP REQUIREMENT
The Krivenko Doctrine Aliens,
whether individuals or corporations,
have been disqualified from acquiring
public lands; hence, they have also
been disqualified from acquiring private
lands.
In fine, non-Filipinos cannot

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acquire or hold title to private lands or to

lands of the public domain, except only
by way of legal succession.

Under the 1987 Constitution, all

lands of the public domain, waters
and all other natural resources are
owned by the State, and with respect
to agricultural lands, their alienation
is limited to Filipino citizens.
The constitutional purpose is to
establish a permanent fundamental
policy of conserving agricultural
resources in the hands of Filipinos
and this purpose is made more
emphatic by the provision that save
in cases of hereditary succession, no
private lands shall be transferred or
conveyed except to individuals,
corporations or associations qualified
to acquire or hold lands of the public
domain.
A natural born citizen of the
Philippines who has lost his
citizenship may be a transferee of
private lands, subject to limitations
provided by law.
Under the 1987 Constitution, private
corporations may not hold alienable
lands of the public domain except by
lease.
On the basis of their capacity to
acquire or hold lands of the public
domain, the following may acquire
private lands:
a) Filipino citizens;
b) Filipino
corporations
and
associations as defined in Sec. 2,
Art. XII of the Constitution;
c) By exception, aliens but only by
hereditary succession; and
d) A natural born citizen of the
Philippines who has lost his
citizenship under the terms of
Sec. 8.
Filipino citizens can both acquire or
otherwise hold lands of the public
domain.
Filipino corporations cannot acquire
land of the public domain, but they
can hold such lands by modes
other than acquisition, such as lease.
Private corporations may lease
alienable lands of the public domain

for a period not exceeding 25 years,

renewable for not more than 25
years, and not to exceed 1,000
hectares.
Citizens of the Philippines may
lease not more than 500 hectares,
or acquire not more than 12 hectares
thereof by purchase, homestead or
grant.
A corporation sole, which consists of
one person only, is vested with the
right to purchase and hold real
estate and to register the same in
trust for the faithful or members of
the religious society or church for
which
the
corporation
was
organized.
Any natural born citizen who has the
legal capacity to enter into a contract
under Philippine laws may be a
transferee of a private land up to a
maximum area of 5,000 square
meters in the case of urban land, or
3 hectares in the case of rural land to
be used by him for business or other
purposes.
In the case of married couples, one
of them may avail of the privilege
herein granted. But if both shall avail
of the same, the total area acquired
shall not exceed the maximum
herein fixed.

Case: Register of Deeds of Rizal vs.

Ung Siu Si Temple
Q: May the Register of Deeds validly
refuse to register a deed of donation
of a residential land executed by a
Filipino in favour of the unregistered
religious
organization
operating
through the three trustees all of
Chinese nationality?
A: The spirit of the Constitution
demands that in the absence of
capital
stock,
the
controlling
membership should be composed of
Filipino citizens. Ung Siu Si Temple,
having found by the Court not to be a
corporation sole but a corporation
aggregate which is an unregistered
organization operating through three
trustees, all of Chinese nationality,
the refusal of the Register of Deeds

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of Rizal to register the deed of

donation is valid.
Case: Rellosa vs. Gaw Chee Hun
Q: Can a Filipino vendor recover land
sold to an alien?
A: No. Even if the plaintiff can still
invoke the Constitution, or the
doctrine in the Krivenko ase, to set
aside the sale in question, they are
not prevented from doing so if their
purpose is to recover the lands that
they have voluntarily parted with,
because of their guilty knowledge
that what they were doing was in
violation of the Constitution. They
cannot escape this conclusion
because they are presumed to know
the law. Thus, a party to an illegal
contract cannot come into court of
law and ask to have his illegal
objects carried out. The law will not
aid either party to an illegal
agreement; it leaves the parties
where it finds them. The rule is
expressed in the maxims: Ex dolo
malo non oritur action and In pari
delicto
potior
est
condition
defendentis.
II. CLASSIFICATION
LANDS

OF

PUBLIC

Section 6 The President, upon the

recommendation of the Secretary of
Environmental and Natural Resources,
shall from time to time classify the lands
of the public domain into
(a) Alienable or disposable,
(b) Timber, and
(c) Mineral lands,
and may at any time and in a like
manner transfer such lands from one
class to another, for the purposes of
their administration and disposition.
Section 9 For the purpose of their
administration and disposition, the lands
of the public domain alienable or open
to disposition shall be classified,
according to the use or purposes to
which such lands are destined, as
follows:
(a) Agricultural;

(b) Residential, commercial, industrial,

or for similar productive purposes;
(c) Educational, charitable, or other
similar purposes; and
(d) Reservations for town sites and for
public and quasi-public uses.
The President, upon recommendation
by the Secretary of Environment and
Natural Resources, shall from time to
time make the classifications provided
for in this section, and may, at any time
and in a similar manner, transfer lands
from one class to another.
Public Lands is equivalent to public
domain, and does not by any means
include all lands of government
ownership, but only so much of said
lands as are thrown open to private
appropriation
and
settlement
by
homestead and other like general laws.
Government Lands includes public
lands and other lands of the government
already reserved or devoted to public
use or subject to private right which also
includes public lands.
III. NON-REGISTRABLE PROPERTIES
1. Property of public dominion
a. Those intended for public use,
such as roads, canals, rivers,
torrents, ports and bridges
constructed by the State, banks,
shores roadsteads and others of
similar character;
b. Those which belong to the State,
without being for public use, and
are intended for some public
service or for the development of
the national wealth.
2. Forest lands refers to a large tract
of land covered with a natural growth
of trees and underbrush; a large
wood.
3. Watersheds
4. Mangrove swamps
5. Mineral lands refers to any areas
where mineral resources are found.
6. National parks
7. Military or naval reservation
8. Foreshore lands and reclaimed lands
refers to strip of land that lies
between the high and the low water

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marks and that is alternatively wet

and dry according to the flow of the
tide.
9. Lakes
10. Navigable rivers
11. Creeks a recess or arm extending
from a river and participating in the
ebb and flow of the sea.
12. Reservations for public and semipublic purposes.
Public Estates Authority the national
governments
implementing
arm
designated to undertake all reclamation
projects of the government through a
proper contract executed by it with any
person or entity.

JUDICIAL PROCEDURE FOR THE

APPLICATION
FOR
LAND
REGISTRATION
I. Form and contents of the application
The application must be in writing,
signed by the applicant or the person
duly authorized in his behalf, and
sworn to before any officer
authorized to administer oaths for
the province or city where the
application was actually signed.
The application must contain the
following:
1. Full description of the land as
evidenced by a survey plan duly
approved by the Director of
Lands, surveyors certificate and
technical description;
2. Citizenship and civil status of the
applicant; if married, the name of
the wife or husband; if marriage
has been dissolved, when and
how
the
marriage
was
terminated;
3. Full names and addresses of all
occupants of the land and those
of the adjoining owners, if known;
4. Assessed value of the land and
the buildings and improvements
thereon;
5. Mortgages or encumbrances of
any kind affecting the land, or any
other person having any legal or

equitable
interest,
or
in
possession thereof;
6. The manner by which the
applicant has acquired the land;
7. Whether the property is conjugal,
paraphernal or exclusive property
of the applicant;
8. Names of all occupants of the
land, if any;
9. Original muniments of title;
10. If the land is bounded by a public
or private way or road, his claim
and portion of the land within its
limit and if he desires to have it
determined.
II. Filing of the application
If the applicant is not a resident of
the Philippines, he shall file his
application through a duly authorized
representative or attorney in fact,
whose authority as such shall
accompany the application.
The application for land registration
shall be filed with the RTC of the
province or city where the land is
situated.
The applicant shall file together with
the application all original muniments
of titles or copies thereof and a
survey plan of the land approved by
the Lands Management Bureau.
The Clerk of Court shall not accept
any application unless it is shown
that the applicant has furnished the
Director of Lands with a copy of the
application and all annexes.
Inferior courts may be assigned to
handle original registration cases in
the following cases:
a. Where the lot is not the subject of
controversy or opposition; or
b. Where the lot is contested but the
value thereof does not exceed
P100,000.00.
III. Notice of hearing
Within 5 days from filing of the
application, the Court shall issue an
order setting the date and hour of the
initial hearing which shall not be
earlier than 45 days nor later than 90
days from the date of the order.

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The public shall

initial hearing of
land registration
publication; (2)
posting.

be given notice of
the application for
by means of: (1)
mailing; and (3)

1. By publication
Upon receipt of the Order for initial
hearing, the Land Registration
Administrator shall cause a notice of
initial hearing to be published once in
the Official Gazette or in a
newspaper of general circulation
addressed to all persons appearing
to have an interest in the land
involved.
Notes:
The purpose of publication is
two-fold:
(1)
to
confer
jurisdiction upon the court
over the res; and (2) to apprise
the whole world of the pending
registration case so that they
may assert their rights or
interests in the land, if any,
and oppose the application, if
so minded.
Where there is no publication
of the notice of initial hearing,
the decision of the land
registration court is void.
Mere defect of publication
deprives
the
court
of
jurisdiction; and when the
court a quo lacks jurisdiction
to take cognizance of a case,
the same lacks authority over
the whole case and all its
aspects.
2. By mailing
The Land Registration Administrator
shall also cause a copy of the notice
of hearing to be mailed to every
person named therein within 7 days
after publication in the Official
Gazette;
If the applicant requests to have the
line of public way or road
determined, copy of the notice of
hearing shall also be mailed by the
LRA to the DPWH, provincial
governor or city mayor where the
land lies.

If the land borders on a river,

navigable stream or shore or lake,
copy of the notice of hearing shall
likewise be furnished to the DAR, the
Office of the Solicitor General, the
Director of Lands, the Director of
Mines andor the DFAR.

3. By posting
The Land Registration Administrator
shall also cause a duly attested copy
of the notice of initial hearing to be
posted by the Sheriff of the province
or city, as the case may be, or by his
deputy, in a conspicuous place or on
the bulletin board of the municipal
building of the municipality or city in
which the land is situated at least 14
days before the date of initial
hearing.
Purpose of Notice by All Three Modes
To strengthen the Torrens system
through safeguards to prevent
anomalous titling of real property.
IV. Opposition and Default
Who may oppose Any person,
whether named in the notice or not,
may appear and file an opposition on
or before the date of initial hearing,
or within such time as may be
allowed by the court. Provided, he
has an interest in the property
applied for.
The opposition shall state his
objections to the application, set
forth the nature of his interest, and
indicate the relief desired.
Requisites for an Opposition
1. The oppositor must have an interest
in the land applied for;
2. He should state the grounds for his
objection as well as the nature of his
claimed interest;
3. He should indicate the desired relief;
and
4. The opposition should be signed and
sworn to by him or by his duly
authorized representative.

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Persons Deemed to Have Interest or

Equitable Title and with Legal
Standing as Oppositors:
1. A homesteader who has not yet
been issued his title but has
complied with all the conditions
required by law for the issuance of
patent;
2. A purchaser of friar land who is
deemed to have an equitable title to
the land even before the issuance of
the patent;
3. An awardee in a sales application
who is authorized to take possession
of the land by virtue of the award;
4. A person claiming to be in
possession of the land and has
applied with the Lands Management
Bureau for its purchase.
Ground for Opposition
The opposition must be based on the
right of dominion or some other real
right opposed to the adjudication or
recognition of the ownership of the
petitioner, whether it be limited or
absolute; and if none such rights of
the respondent have been injured by
the judgment, he cannot have the
right to oppose the application, much
less appeal from the judgment.
Opposition by the Government
The government, acting through the
Office of the Solicitor General, is
invariably represented
by the
Director of Land or Director of
Forestry as public oppositor in all
land
registration
and
related
proceedings. Conversely, all actions
filed against the government must be
defended by the OSG. However,
because of the numerous activities
of government requiring the services
of the OSG, more so in land
registration and cadastral cases
which is nationwide in scope, it has
become necessary to deputize
provincial or city prosecutors and
special attorneys from the different
government offices to assist said
office in the discharge of its
important functions. Even so, the
SolGen has full control of the
conduct
of
the
proceedings.

Important pleadings have to be

signed by the SolGen himself, or at
least by the handling ASG, usually
assisted by a Solicitor or Associate
Solicitor.
In order that land may be registered
under the Torrens system, the
applicant must show, even though
there is no opposition to his
application, that he is the absolute
owner, in fee simple, of such land. In
other words, the burden of proof is
upon him to show that he is the real
and absolute owner, in fee simple, of
such land.

Failure to Appear on Initial Hearing

Where an opposition or answer,
which is based on substantial
grounds, has been formally filed but
the oppositor failed to appear on the
day set for the initial hearing, it is
improper for the court to declare
such oppositor in default. (Dir. Of
Lands vs. Santiago)
The failure of the government
agency concerned to file an
opposition to the application for
registration or to appeal from the
adverse decision of the registration
court is not fatal. The reason for this
is that the government is usually not
stopped by the mistake or error of its
officials or agents. (Republic vs. CA
& Arquillo)
Order of Default, When Entered and
Effect
If no person appears and answers
within the time allowed, the Court
shall, upon motion of the applicant,
order a default to be recorded and
require the applicant to present
evidence.
A party declared in default loses his
standing in court. As a result of his
loss of standing, a party in default
cannot appear in court, adduce
evidence, be heard, or be entitled to
notice. A party in default cannot
even appeal from the judgment
rendered by the court, unless he files
a motion to set aside the order of

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default under the grounds provided

in Section 3(b), Rule 9 of the 1997
Rules of Civil Procedure, to wit:
A party declared in default may at
any time after notice thereof and
before judgment file a motion under
oath to set aside the order of default
upon proper showing that his failure
to answer was due to fraud,
accident, mistake or excusable
negligence and that he has a
meritorious defense. In such case,
the order of default may be set aside
on such terms and conditions as the
judge may impose in the interest of
justice.
Motion to Lift Order of Default
An order of general default is
interlocutory in character, subject to
the control of the court, and may be
modified or amended as the court
may deem proper at any time prior to
the rendition of the final judgment.
The interests of substantial justice
and the speedy determination of the
controversy should be the guiding
principle of the trial court in lifting an
order of general default to allow a
party to file an opposition to the
application.
V. Evidence and Hearing
A. Evidence Deemed Sufficient to
Establish Land as Alienable and
Disposable Land
1. Certification of the Bureau of Forest
Development
2. Land Classification Map
3. Executive proclamation withdrawing
from a reservation a specific area
and declaring the same open for
entry, sale or other mode of
disposition
4. Legislative
act
or
executive
proclamation reserving a portion of
the public domain for public or quasipublic use, which amounts to a
transfer of ownership to the grantee.
5. Report of a land inspector of the
Bureau of Lands that the subject
land was found inside an agricultural
zone

B. Evidence Deemed Insufficient to

Show Classification and Release
of Land as Alienable and
Disposable Land
1. Mere recommendation of the District
Forester
2. Conversion of subject property into a
fishpond by the applicants
3. Existence of a survey plan approved
by the Director of Lands
4. Cadastral survey of a municipality
5. Certifications
made
by
minor
functionaries who have no authority
whatever in the classification of
public lands
Proof Required in Registration
Proceedings
Generally, in order that land may be
registered under the Torrens system,
the applicant must show, even
though there is no opposition to his
application, that he is the absolute
owner, in fee simple, of such land. In
other words, the burden is upon him
to show that he is the real and
absolute owner, in fee simple, of
such land.
On the other hand, no public land
can be acquired by private persons
without any grant, express or
implied, from the government.
Possession of public agricultural
land, however long the period may
have extended, never confers title
thereto upon the possessor.
The possession and occupation
must not only be under a bona fide
claim of ownership but must also be
open, continuous, exclusive and
notorious to give rise to a
presumptive grant from the State.
The applicant must also comply with
the substantive and procedural
requirements of the law.
C. Hearing
The trial court shall see to it that all
registration
proceedings
are
disposed of within 90 days from the
date the case is submitted for
decision.

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The Court, if it deems necessary,

may refer the case or any part
thereof to a referee who shall hear
the parties and their evidence. The
referee will shall submit his report to
the court within 15 days after the
termination of such hearing.

VI. Judgment, Appeal & Decree of

Registration
A. Judgment
The court may render judgment in
accordance with the report as
through the facts have been found
by the judge himself.
Provided,
however, that the court may in its
discretion accept the report, or set it
aside in whole or in part, or order the
case to be recommitted for further
proceedings.
When Judgment Becomes Final
The judgment rendered in a land
registration proceeding becomes
final upon the expiration of 15 days
to be counted from the date of
receipt of notice of the judgment.
B. Appeal
The period for appeal from final
orders,
resolutions,
awards,
judgments, or decisions of any court
in all cases shall be fifteen (15) days
counted from the notice of the final
order, resolution, award, judgment or
decision appealed from.
An appeal may be taken within 15
days after notice to the appellant of
the judgment or final order appealed
from. Where a record on appeal is
required, the appellant shall file a
notice of appeal and a record on
appeal within 30 days after notice of
the judgment or final order.
After judgment has become final and
executory, it shall devolve upon the
court to forthwith issue an order in
for the issuance of a decree, and the
LRA pursuant to said order, to issue
the
corresponding
decree
of
registration to the person entitled
thereto or his successor-in-interest.

While the judgment of the court

becomes final 15 days from receipt
of notice of the judgment, the court
nevertheless retains jurisdiction over
the case until after the expiration of
one (1) year from the issuance of the
final decree of registration by the
Land Registration Authority.

Principle of Res Judicata the

principle of res judicata applies to all
cases and proceedings, including land
registration and cadastral proceedings.
Where a judgment on the merits
rendered in a former case is final and
executor, and was rendered by a court
of competent jurisdiction, and that case
and the present case involve the same
parties, the present action is barred by a
prior judgment.
Requisites of Res Judicata
1. The former judgment must be final;
2. It must have been rendered by a
court having jurisdiction of the
subject matter and the parties;
3. It must be a judgment on the merits;
and
4. There must be, between the first and
second actions identity of parties,
subject matters and cause of action.
Note: A judgment dismissing an
application for registration of land
does not constitute res judicata, and
the unsuccessful applicant, or any
person deriving his title from him,
may file another proceeding for the
registration of the same land.
Writ of Possession a writ of
possession is employed to enforce a
judgment to recover the possession of
land. It commands the sheriff to enter
the land and give possession of it to the
person entitled under the judgment.
Cases where a Writ of Possession
may be issued:
1. In a land registration proceeding;
2. In an extra-judicial foreclosure of
realty mortgage;
3. In a judicial foreclosure of mortgage,
provided that the mortgagor is in
possession of the mortgaged realty

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and no third person, not a party to

the foreclosure suit, had intervened;
4. In execution sales.
Cases where Writ of Possession Will
Not Issue
1. When it has already been issued at
the instance of the applicant or his
successors, who hold TCTs;
2. When the persons against whom it is
sought to be used have occupied the
premises after the final decree was
issued;
3. In a petition for reconstitution of an
allegedly lost or destroyed certificate
of title.
B. Decree of Registration
The decree of registration is issued
in the name of the court by the
Administrator of the LRA, in hic
capacity as an officer of the court
and not as an administrative official
merely. It is in this sense that his
duty is ministerial as he is acting
under the orders of the court.
As soon as the decree of title has
been registered in the office of the
Register of Deeds, the property
included in said decree shall become
registered land, and the certificate
shall take effect upon the date of the
transcription of the decree.
A Torrens title issued on the basis of
a judgment that is not final, the
judgment being on appeal, is a
nullity, as it is violative of the explicit
provisions
of
the
Property
Registration Decree which requires
that a decree shall be issued only
after the decision adjudicating the
title becomes final and executory,
and it is on the basis of said decree
that the
Register of Deeds
concerned issues the corresponding
certificate of title.
Under the Torrens system of
registration,
the
Torrens
title
becomes
indefeasible
and
incontrovertible one year from its
final decree.
VII.

Remedies

The aggrieved party has a number of

remedies to question the validity of
the judgment in a registration case.
He may avail himself of the remedy
of:
a) New trial or reconsideration
under Rule 37 of the Rules of
Court;
b) Relief from judgment under Rule
38;
c) Appeal to the Court of Appeals or
Supreme Court in the same
manner as in ordinary actions;
d) Review of decree under Sec. 32
of PD No. 1529;
e) Reconveyance under Secs. 53
and 96;
f) Damages under Sec. 32;
g) Claim against the Assurance
Fund under Sec. 95;
h) Reversion under Sec. 101 of CA
No. 141;
i) Cancellation of Title;
j) Annulment of judgment under
Rule 47; and
k) Criminal prosecution under the
RPC.
Motion
for
New
Trial
or
Reconsideration
Within the period for taking an
appeal, the aggrieved party may
move for the trial court to set aside
the judgment o final order and grant
a new trial for one or more of the
cause materially affecting the
substantial rights of said party.
If the motion for new trial is granted,
the judgment is set aside; if the
motion
for
reconsideration
is
granted, the judgment is merely
amended.
The period for filing either motion is
within the period taking, not
perfecting, an appeal.
The grounds for a motion for new
trial are:
a) Fraud, accident, mistake, or
excusable negligence; or
b) Newly discovered evidence.
While a motion for reconsideration
has the following grounds:
a) The damages awarded are
excessive;

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b) Insufficiency of evidence to justify

the decision or final order
c) The decision or final order is
contrary to law.
CHAPTER IV
Certificate of Title
Certificate of Title is the transcript of
the decree of registration made by the
Register of deeds in the registry. It is
the document accumulating the precise
and correct statement of the exact
status of the fee simple title which an
owner possesses. It is generally a
conclusive, absolute and indefeasible
evidence of the ownership of the
property in favour of the person whose
name appears therein.
A certificate of title serves as an
indefeasible title to the property in
favour of the person whose name
appears therein, and is conclusive as
to the identity of the land and also its
location.
Original Certificate of Title refers to
the certificate of title issued for the first
time after initial registration proceedings.
Transfer Certificate of Title refers to
any subsequent title issued pursuant to
any voluntary or involuntary instrument
affecting the property covered by the
original certificate of title.
Statutory Liens Affecting Title
1. Liens, claims or rights existing or
arising under the laws or the
Constitution which are not by law
required to appear of record in the
Registry of Deeds;
2. Unpaid real estate taxes levied and
assessed
within
two
years
immediately
preceding
the
acquisition of any right over the land;
3. Any public highway or private way
established or recognized by law, or
any government irrigation canal or
lateral thereof;
4. Any disposition of the property or
limitation on the use thereof by virtue
of PD No. 27 or any other law or
regulation on agrarian reform;

5. Rights incident to the relation of

husband and wife, and landlord and
tenant;
6. Liability to attachment or levy on
execution;
7. Liability to any lien of any description
established by law on the land and
the buildings thereon, or on the
interest of the owner on such lands
and buildings;
8. Rights incident to the laws of
descent or partition between coowners;
9. Taking of the property through
eminent domain;
10. Right to relieve the land from liability
to be recovered by an assignee in
insolvency or trustee in bankruptcy
under
the
laws
relative
to
preferences; and
11. Rights or liabilities created by law
and applicable to unregistered land.
Lien refers to a charge on property
usually for the payment of some debt or
obligation. It is a qualified right or a
proprietory interest, which may be
exercised over the property of another.
It is a right which the law gives to have a
debt satisfied out of a particular thing. It
signifies a legal claim or charge on
property, either real or personal, as a
collateral or security for the payment of
some debt or obligation.
Encumbrance refers to a burden
upon land, depreciative of its value,
such as a lien, easement, or servitude,
which though adverse to the interest of
the landowner, does not conflict with his
conveyance of the land in fee. The
following are considered encumbrances:
a claim, lien, charge or liability attached
to and binding upon real property, e.g., a
mortgage, judgment lien, lease, security
interest, easement or right of way,
accrued and unpaid taxed.

A lien is already an existing burden

or charge on the property. A notice
of lis pendens, as the very term
connotes, does not establish a lien
but is only a notice or warning that a
claim or possible charge on the

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property is pending determination by

the court.
Tenant Emancipation Decree (PD No.
27) refers to a law or decree wherein
landowners of agricultural lands which
were devoted primarily to rice and corn
production and exceeded the minimum
retention area of not more than seven
(7) hectares, were thus compelled to
sell, through the intercession of the
government, their lands to qualified
farmers at liberal terms and conditions.

Comprehensive Agrarian Reform (RA

No. 6657) Contents of Certificate of Title
1. Full names of all persons whose
interest make up the full ownership
in the land;
2. Civil status;
3. Names of their respective spouses, if
married;
4. Citizenship; and
5. Residence and postal address.