Ownership of Lands by Corporations Details Category: Land Titles And Deeds May a corporation own lands? It depends. 1.

Corporation sole can acquire by purchase a parcel of private agricultural land without violating the constitutional prohibition since it has no nationality. 2. Corporation a. Private Lands i. At least 60% Filipino (Sec. 7, Art. XII, 1987 Constitution) ii. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created iii. If engaged in agriculture, it is restricted to 1,024 hectares. b. Patrimonial property of the State (Sec. 3, Art. XII, 1987 Constitution) i. Lease (cannot own land of the public domain) for 25 years renewable for another 25 years ii. Limited to 1,000 hectares iii. Applies to both Filipinos and foreign corporations. May a corporation apply for registration of a parcel of land Yes, through lease not exceeding 1,000 hectares. Such lease shall not exceed twenty five (25) years and renewable for not more than twenty five (25) years. (Sec. 3, Art. XII, 1987 Constitution) Note: Determinative of this issue is the character of the parcels of land whether they were still public or already private when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply. PRESCRIPTION OF QUIETING OF TITLE Details Category: Land Titles And Deeds What are the requisites for an action to quiet title? 1. Plaintiff must have a Legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. There must be Cloud in such title; 3. Such cloud must be Due to some a. Instrument; b. Record; c. Claim; d. Encumbrance; or e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and 4. Plaintiff must a. Return to the defendant all benefits he may have received from the latter; or b. reimburse him for expenses that may have redounded to his benefit. What are the requisites for existence of a cloud? 1. There is an Apparently valid or effective instrument. 2. But such instrument is in Truth: a. Invalid; b. ineffective; c. voidable; d. unenforceable;

e. has been extinguished or terminated; f. has been barred by extinctive prescription. 3. Such instrument may be Prejudicial to the title. What are the prescriptive periods for bringing an action to quiet title? 1. Plaintiff in possession imprescriptible 2. Plaintiff not in possession 10 years (ordinary) or 30 years (extra-ordinary) Note: Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. (Tijam v Sibonghanoy, L-21450, Apr. 15, 1968) Is an action to quiet title imprescriptible? Yes. Even though the Civil Code does not include an action to quiet title as one of those actions which are imprescriptible, the SC in this case held that such action is imprescriptible. The basis of the court is Art. 480. The imprescriptibility of an action to quiet title is a general principle from American jurisprudence. (Bucton v. Gabar, G.R. No. L-36359, Jan.31, 1974) DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY Details Category: Land Titles And Deeds DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY > Applies to an owner or developer of a subdivision without access to a public highway > A municipal ordinance declaring a subdivision road open to public used by public authorities when deemed necessary simply allows person other than the residents of the subdivision to use the road when they are inside the subdivision but doesnt give outsiders a right to open subdivision walls so they can enter the subdivision from any point > The closure of a dead end is part of ones proprietary rights DUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT Details Category: Land Titles And Deeds DUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT > Upon full payment of the purchase price, the seller is duty-bound to deliver the title of the unit to the buyer > Even with a valid mortgage over the lot, the seller is still bound to redeem said mortgage without any cost to the buyer apart from the balance of the purchase price and registration fees > Section 25 imposes an obligation on the part of the owner or developer in the event the mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, to redeem the mortgage and corresponding portion thereof within 6 months from such issuance > The 6-month period will run from the full payment of the agreed price Time of Completion of Subdivision or Condominium Plans Details Category: Land Titles And Deeds

Time of Completion of Subdivision or Condominium Plans Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority. CONSEQUENCE OF DELAY > Petitioner may be held liable for damages EXTENSION OF TIME FOR COMPLETION > A request for extension of time to complete development of condominium or subdivision project may be granted only in cases where non-completion of the project is caused by fortuitous events, legal orders or force majeure and with the written notice to lot or unit buyers without prejudice to the exercise of their rights pursuant to Section 23 of this Decree > The request for extension of time for completion shall be accompanied by a revised and financing scheme thereof LIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES Details Category: Land Titles And Deeds LIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES > Where the brochure that was disseminated indicated features that would be provided each condominium unit, this forms part of the warranties of the petitioner as subdivision owner > Hence, when the respondent relied on the brochure in its decision to purchase a unit, and the petitioner failed to deliver certain items stated therein, then there was a clear violation of its warranties and representations MORTGAGE OF CONDOMINIUM WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND BUSINESS PRACTICE > The buyer has a cause of action for annulment of the mortgage, the mortgage foreclosure sale, and the condominium certificate of title that was issued to highest bidder REGISTRATION OF SALE OF SUBDIVISION LOTS AND CONDOMINIUM UNITS > Sales or conveyances of subdivision lots and condominium units shall be registered from the execution thereof by the seller with the Register of Deeds of the province or city where the property is situated > Except as otherwise provided for by law, the Housing and Land Use Regulatory Board may in appropriate cases cause the RD to cancel the registration, entries or annotations on titles made in this regard The period within which to appeal the decision of the Board of Commissioners of the HLURB Details Category: Land Titles And Deeds PERIOD TO APPEAL IS 15 DAYS

> The period within which to appeal the decision of the Board of Commissioners of the Housing and Land Use Regulatory Board to the Office of the President is 15 days from the receipt of the assailed decision, pursuant to Section 15 of Presidential Decree 957 > The 30-day period mentioned in the Rules of Procedure of the HLURB is not applicable because special laws providing for a remedy of appeal to the Office of the President must prevail over the Housing and Land Use Regulatory Board Rules of Procedure TRANSFER OF OWNERSHIP OR CHANGE OF NAME OF A SUBDIVISION OR CONDOMINIUM > A request for transfer of ownership and/or change of name may be granted only if there is a deed of absolute sale over the subdivision or condominium project sought to be transferred and/or the name thereof changed with an undertaking on the part of the transferee to assume full responsibility for the completion of the development thereof > Such request shall be published at the applicants expense in a newspaper of general circulation within the city or municipality where the project at least one a week for two consecutive weeks JURISDICTION OF THE NATIONAL HOUSING AUTHORITY > The scope of the regulatory authority of the National Housing Authority is indicated in the second and third paragraph of the preamble o WHEREAS, subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers; o WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value; > Presidential Decree 1344 was passed providing o The National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature: > Unsound real estate businesses > Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and > Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman. o The decision of the National Housing Authority shall become final and executory 15 days from the date of its receipt. It is appealable only to the President of the Philippines and in the event the appeal is filed and the decision isnt reversed and/or amended within 30 days, the decision is

deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority. > On the issue of affirmance-by-inaction failure on the part of the President to act upon an appeal doesnt necessarily mean that the appealed decision automatically becomes final and executory. Access to the courts of law may still be made as mentioned above. Therefore, such decision is far from being final and executory. FUNCTIONS OF THE National Housing Authority NOW TRANSFERRED TO THE Housing and Land Use Regulatory Board > The regulatory functions of the NHA are now transferred to the HLURB such as jurisdiction over unsound real estate businesses and claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman > The functions of the Human Settlements Regulatory Commission sole regulatory body for housing and land developmentare transferred also to the HLURB SPECIFIC FUNCTIONS OF THE Housing and Land Use Regulatory Board 1. Unsound real estate businesses 2. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and 3. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman. WRIT OF EXECUTION > As soon as the decision of the Housing and Land Use Regulatory Board becomes final, it shall, on motion of the interested party, issue a writ of execution enforceable in accordance with the provisions of the Rules of Court > Upon the failure of the Housing and Land Use Regulatory Board to act on the motion, a petition for mandamus may be filed to compel it to perform its purely ministerial duty by enforcing its final and executory decision COURT HAS JURISDICTION WHEN ISSUE INVOLVES OWNERSHIP OF PROPERTY ORDINARY COURTS DONT HAVE JURISDICTION OVER COLLECTION OF UNPAID INSTALLMENTS SUMMARY OF CASES OR INCIDENTS WHERE Housing and Land Use Regulatory Board HAS JURISDICTION (FAJARDO V. BAUTISTA) 1. For a determination of the rights of the parties under a contract to sell a subdivision lot 2. For the delivery of title against the subdivision owner 3. For the refund of reservation fees for the purchase of subdivision lot

4. For specific performance filed by the lot buyer against the seller of a subdivision lot 5. For the annulment of the mortgage constituted by the project owner without the buyers consent, the mortgage foreclosure sale, and the condominium certificate of title issued to the highest bidder at the said foreclosure sale 6. For the collection of the balance of the unpaid purchase price of a subdivision lot filed by the developer of a subdivision against the lot buyer 7. For incidental claims for damages WHEN A PERSON AUTOMATICALLY CEASES AS A STOCKHOLDER IN A CONDOMINIUM CORPORATION > Section 10membership in a condominium corporation regardless of whether it is stock or nonstock corporation, shall not be transferable separately from the condominium unit of which it is an appurtenance. When a member or a stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common area, he shall automatically cease to be a member or stockholder of the condominium corporation. THE OWNER OF A UNIT IS CONSIDERED A SHAREHOLDER IN THE CONDOMINIUM CORPORATION > Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the undivided interest in the common areas or in a proper case, the membership or share holdings in the condominium corporation > Not every purchaser of a condominium unit is a shareholder of the condominium corporation. The Condominium Act leaves it to the master deed the determination of when the shareholding will be transferred to the purchaser of a unit > The provisions of this Act shall apply to property divided or to be divided into condominium only if there shall be recorded in the Register of Deeds of the province or city in which the property lies, and duly annotated in the corresponding certificate of title of the land, xxx an enabling or master deed which shall contain, among others, the following: xxx A statement of the exact nature of the interest acquired or to be acquired by the purchased in the separate units and the common areas of the condominium projects. Where title to or to appurtenant interests in the common areas is to be held by a condominium corporation, a statement to this effect shall be included > Inasmuch as ownership is conveyed only upon full payment of the purchase price, it necessarily follows that a purchaser of a unit who hasnt paid the full purchase price is not the owner of the unit and consequently is not a shareholder of the Condominium Corporation Petitions Involving Certificate Of Title 1. There are 4 petitionspetition for surrender of title, petition for correction, amendments, or alterations in the certificate of title, petition for the issuance of new owners duplicate of title, petition for reconstitution 2. Petition for the surrender of the owners duplicate of titlethe law speaks of two instances. The first one involves involuntary transactions and the other one, voluntary transactions. In both instances the procedure is to file a petition in the Regional Trial Court for the owner to surrender the owners duplicate of title. 3. If the owners duplicate of title is lost, the law requires that notice under oath be given to the RD. There should be a verified affidavit that will serve as notice to the RD that the particular owners

duplicate is lost. This will prevent any transaction that may arise from the loss of the owners duplicate. This particular petition would prosper and the corresponding duplicate issued will be valid if the owners duplicate is really lost. When the owners duplicate is still existing upon filing of petition, the court doesnt acquire jurisdiction and the proceedings are null and void. The title is null and void and thus, can be attacked collaterally. 4. Petition for reconstitution is filed when the certificate of title has been lost or destroyed. This pertains to original and transfer certificates of title as well as encumbrances and liens. Purpose is to bring back to its original form and state. No addition nor reductions. If it is found out that the certificate is not lost or destroyed, court doesnt attack jurisdiction and proceedings are null and void. 5. There are two kinds of restitutionjudicial and administrative. Judicial is when you file a petition in court. Administrative is when you file the petition with the RD. It is easier with the Register of Deeds as you have to file it with the reconstituting officer of the Register of Deeds only. 6. The court in entertaining petitions for reconstitution should be careful and cautious. Section 12 and 13 are mandatory requirements. Section 12 refers to the contents requirement as 13 refers to the publication requirements. 7. The reconstitution proceedings are proceedings in rem. 8. Section 2 and 3 of RA 26 will tell the different documents or evidence that you can submit for a petition for reconstitution can prosper. Sources found in the law are in a hierarchy of preference. First and foremost in this list, may it be for the original or transfer certificates of title is the owners duplicate of title. 9. The phrase Any other document will pertain to documents similar to those previously enumerated. An example is a case pertaining to an action for the recovery of possession. The court decision contained the technical description of the land and whatnot as would pertain to any other document that warrants reconstitution. 10. Administrative reconstitution is warranted in cases where the number of certificates lost is not less than 500 and the cause of the loss or destruction is by fire, flood or any other force majeure. If you pass these requirements, then administrative reconstitution is allowed. If you are not satisfied, you can go to the LRA within 15 days from the receipt of the decision. If not the LRA, file a petition for review with the proper court or specifically, the RTC. This can be done within 60 days from knowledge of decision but not later than 6 months from promulgation of decision. 11. The reconstituted title should be in the form and condition as the original lost title. 12. All these petitions and motions should be filed with the same registration case. This is specifically provided for in Section 108. You will use the same case number wherein the title was issued. DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL MATTERS SHOULD BE LEFT TO THE COURTS FOR DETERMINATION

> The powers of the RD are generally regarded as ministerial only and said officer has no power to pass upon the legality of an order issued by a court of justice > Whether the document presented for registration is invalid, frivolous or intended to harass, is not the duty of the RD to decide but a court of competent jurisdiction > The question of whether or not a conveyance was made to defraud creditors of the transferor should better be left for determination of the proper court REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY AVAILABLE TO A PARTY WHO DOESNT AGREE WITH THE ACTION TAKEN BY THE LRA ADMINISTRATOR > This is specially governed by Rule 43 of the Rules of Court, which provides for decisions, orders, resolutions of any quasi-judicial agency, ilke the LRA, in the exercise of its quasi-judicial functions > The appeal shall be taken within 15 days from notice of the decision, order of resolution > If no appeal is filed within said period, the decision, order or resolution shall become final and may be executed as provided by existing law. REGISTRATION OF INSTRUMENTS DEALING WITH UNREGISTERED LAND > All instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 until the land shall have been brought under the operation of the Torrens system RECORDING OF MINISTERIAL OFFICERS > Opening paragraph in substance declares that no instrument or deed affecting rights to real property not registered under the Torrens system shall be valid except as between the persons thereto, until such instrument or deed shall have been registered in the manner prescribed therein > This provision cannot be interpreted to include conveyances made by ministerial officers, such as sheriffs deeds > It contemplates only instruments as may be created through agreement between parties RECORDING SHALL BE WITHOUT PREJUDICE TO A THIRD PERSON WITH BETTER RIGHT RECORDING OF RD MINISTERIAL > Register of Deeds doesnt exercise a judicial or quasi-judicial power in the registration of sheriffs deeds or certificates of sale > If the Register of Deeds refuses to register the instrument, he shall advise the party in interest in writing of the grounds for his refusal, and the latter may elevate the matter to the Administrator en consulta HOW RECORDING IS EFFECTED

> The Register of Deeds shall keep a primary entry book and a registration book > The primary entry book shall contain an entry number, names of parties, nature of the document, and the date, hour and minute it was presented > The recording shall be effected by annotating on the registration book after the same shall have been entered in the primary entry book > After recording, the Register of Deeds shall endorse on the original of the instrument the file number and the date as well as the hour and minute when the instrument is received, returning to the registrant the duplicate of the instrument with a certification that he has recorded the same Land Registration Circular No. 35 COMPLIANCE WITH JURISDICTIONAL REQUIREMENTS IS MANDATORY > The court doesnt acquire jurisdiction to hear the petition > It is not enough that there is publication in the Official Gazette only for there is a posting requirement also. Failure to comply will nullify the proceedings. RECONSTITUTION IMPROPER WHERE IS NO TITLE TO BE RECONSTITUTED, OR WHERE THE ORIGINAL CERTIFICATE OF TITLE IN FACT EXISTS > Sections 18 and 19 of Republic Act 26 ACTION OF THE COURT; RECONSTITUTION; WHEN MANDATORY > If the court, after hearing, finds that the documents presented, as supported by parole evidence or otherwise, are sufficient, and proper to warrant the reconstitution of the lost or destroyed certificate of title, xxx an order for reconstitution shall be issued > The clerk of court shall forward the order to the RD and all documents which, pursuant to said order, are to be used as basis of the reconstitution > If the court finds that there is no sufficient evidence or basis to justify the reconstitution, the petition will be dismissed without prejudice to the right of the parties entitled thereto to file an application for confirmation of title > Sections 15-17 of RA26 THE REGISTER OF DEEDS IS NOT A PROPER PARTY TO FILE THE PETITION WRIT OF POSSESSION NOT PROPER IN A RECONSTITUTION PROCEEDING COURTS ARE CAUTIONED IN GRANTING PETITIONS FOR RECONSTITUTION ADMINISTRATIVE RECONSTITUTION > Can only be availed of in case of substantial loss or destruction of land titles due to flood, fire or other force majeure as determined by the Administrator > Provided that the titles lost or damages should at least be 10% of the total number in the possession of the office of the RD

> That in no case that the number of certificates of titles lost or damaged be less than 500 > Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority > No judgment ordering the reconstitution shall be final until the lapse of 15 days from receipt by the RD and by the Administrator of the LRA of the notice of order or judgment without any appeal having been filed by any such officials DUTY OF LAND REGISTRATION AUTHORITY TO PREPARE INVENTORY SOURCES OF RECONSTITUTION; CONTENTS OF PETITION > Same sources as those enumerated in Republic Act 26 > Accompanied by an affidavit stating, among other things o That no deed or other instrument affecting the property had been presented for registration, or if there be any, the names thereof, the date of its presentation, as well as the names of the parties, whether the registration of said deed or instrument is still pending accomplishment o That the owners duplicate is not the subject of litigation or investigation, administrative or judicial, regarding the genuineness or due execution and issuance o That the owners duplicate certificate or co-owners duplicate is in due form without any apparent intentional alterations or erasures o That the certificate was in full force and effect at the time it was lost or destroyed o That the certificate was covered by a tax declaration regularly issued by the Assessors office o That real estate taxes have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution ACTION ON THE PETITION > All reconstituted titles shall be reproduced by the LRA in at least 3 image copies or in whatever means by which the original can be reproduced, one copy to be kept by the LRA, the second copy to be kept by the National Library Archives Division, and the third copy to be secured in a government fire-proof vault, preferably in the Security Printing Plant of the Central Bank > Such image copy of the original copy of the reconstituted title shall be considered after due authentication by the LRA, through the RD in the province or city where the land is located > After reconstitution, said owners duplicate or co-owners duplicate exhibited as basis for the reconstitution shall be surrendered to the RD and a new certificate of title issued in lieu thereof, the original of which shall be kept by the RD and the owners duplicate delivered to the registered owner. FUNCTION OF THE Land Registration Authority TO REVIEW AND ADJUDICATE > LRA has jurisdiction to act on petitions for administrative reconstitution > It has the power to review, revise, reverse, modify or affirm on appeal the decision of the reconstituting officer > Function is adjudicatory in natureit can properly deliberate on the validity of the titles subject of the reconstitution

REMEDY OF AGGRIEVED PARTY > A reconstituted title obtained by means of fraud, deceit or other machination is void ab initio as against the party obtaining the same and all persons having knowledge thereof > There are two remedies available o PETITION FOR REVIEW on the ground of fraud, accident, mistake, or excusable negligence filed with the proper court o APPEAL FROM THE ORDER OF RECONSTITUTION to the LRA administrator JUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26 > Republic Act 26: An Act Providing a Special Procedure For The Reconstitution of Torrens Certificate of Titles Lost or Destroyed > Reconstitution of title is an action in rem > A judicially reconstituted title has the same validity and legal effect as the original thereof, and isnt subject to the reservation that it shall be without prejudice to any party whose right or interest in the property was duly noted in the original at the time of loss or destruction but which entry or notation hasnt been made on the reconstituted title > The limitation that reconstitution of title should be limited to the certificate as it stood at the time of its loss or destruction has reference only to changes which alter or affect title of the registered owner and not to mere liens and other encumbrances RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS ORIGINAL FORM AND CONDITION > Purpose is to have it reproduced, after observing the procedure prescribed by law in the same form they where when the loss or destruction occurred > The fact that the title to the land was lost doesnt mean that the lot ceased to be a registered land before the reconstitution of its title > As the subject land didnt cease to be titled, it cannot be acquired by acquisitive prescription > Reconstitution is proper only when it is satisfactorily shown that the title sought to be reconstituted is lost or no longer available > Where the petition for reconstitution wasnt to restore a lost registered certificate of title but to re-register and issue a new certificate in the names of petitioner and her deceased husband, in lieu of one originally registered in the names of other persons, the petition should be denied without prejudice to the right of the parties to take the necessary action under Section 51 and 53 of PD1529 > Republic Act 26 provides for special procedure for the reconstitution of torrens certificate of title that are missing and not fictitious titles which are existing. Where a certificate of title over a parcel of land was reconstituted judicially and later it was found that there existed a previous certificate of title covering the same land in the name of another person, the court ruled that the existence of the prior title ipso facto nullified the reconstitution proceedings

SOURCES OF RECONSTITUTION ORIGINAL CERTIFICATES OF TITLE 1. The owners duplicate certificate of title 2. The co-owners, mortgagees, or lessees duplicate certificate of title 3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof 4. An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued 5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered 6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title FOR TRANSFER CERTIFICATE OF TITLE 1. The owners duplicate certificate of title 2. The co-owners, mortgagees, or lessees duplicate certificate of title 3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof 4. The deed of transfer or other document, on file in the RD, containing a description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued 5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered 6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title FOR LIENS AND ENCUMBRANCES 1. Annotations or memoranda appearing on the owners co-owners mortgagees or lessees duplicate 2. Registered documents on file in the RD, or authenticated copies thereof showing that the originals thereof had been registered 3. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the liens or encumbrances affecting the property covered by the lost or destroyed certificate of title MEANING OF ANY OTHER DOCUMENT > As per LRC circular #35, the signed duplicate copy of the petition to be forwarded to this Commission shall be accompanied by the following: o A duly prepared plan of said parcel of land in tracing cloth, with 2 print copies thereof, prepared by the government agency which issued the certified technical description, or by a duly licensed Geodetic Engineer who shall certify thereon that he prepared the same on the basis of a duly certified technical description. Where the plan as submitted is certified by the government agency which issued the same, it is sufficient that the technical description be prepared by a duly licensed Geodetic Engineer on the basis of said certified plan. o The original, 2 duplicate copies, and a Xerox copy of the original of the technical description of the

parcel of land covered by the certificate of title, duly certified by the authorized officer of the Bureau of Lands or the LRC who issued the technical description o A signed copy of the certification of the RD concerned that the original of the certificate on title on file with the RD was either lost or destroyed, indicating the name of the registered owner, if known from the other records in file in said office. WHERE TO FILE PETITION; CONTENTS > Shall be filed by the registered owner, his assigns, or any person having interest in the property with the proper RTC where the same is based on sources enumerated earlier > Contents shall be as followed 1. That the owners duplicate had been lost or destroyed 2. That no co-owners, mortgagees, lessees, duplicate had been issued or, if any had been issued, the same had been lost or destroyed 3. The location, area and boundaries of the property 4. The nature and description of the buildings or improvements, if any, which dont belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements 5. The names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property 6. A detailed description of the encumbrances if any, affecting the property 7. A statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof hasnt been accomplished, as yet REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND MAILING 1. To be published twice, at the expense of the petitioner, in successive issues of the Official Gazette 2. To be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated 3. Copy of the notice to be sent by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, within 30 days prior the date of hearing > The jurisdiction of the court is hedged in the forewalls of the petition and the published notice of hearing which define the subject matter of the petition. SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE > Section 109 is the applicable law in petitions for the issuance of new owners duplicate certificate which are lost or stolen or destroyed > RA 26 applies only in cases of reconstitution of lost or destroyed original certificates of title on file with the RD > The requirements for the replacement of a lost duplicate certificate are: 1. The registered owner or other person in interest shall send notice of the loss or destruction of the owners duplicate certificate of title to the RD of the province or city where the land lies as soon as the loss or destruction is discovered 2. The corresponding petition for the replacement of the loss or destroyed owners duplicate

certificate shall then be filed in court and entitled in the original case in which the decree of registration was entered 3. The petition shall state under oath the facts and circumstances surrounding such loss or destruction 4. The court may set the petition for hearing, after due notice to the RD and other interested parties as shown in the memorandum of encumbrances noted in the Original Certificate of Title or Transfer Certificate of Title on file in the office of the Register of Deeds 5. After due notice and hearing, the court may direct the issuance of a new duplicate certificate which shall contain a memorandum of the fact that it is issued in place of the lost or destroyed certificate and shall in all respects be entitled to the same faith and credit as the original duplicate PETITION, WHERE FILED > A petition for replacement shall be filed with the RTC of the place where the land lies and this is true even if the title was issued pursuant to a public land patent registered in accordance with Section 103 of this decree NO TIME LIMIT TO FILE PETITION TO ANNOTATE A DEED OF SALE > No limitation or period is fixed for filing a petition to annotate a deed of sale at the back of a certificate of title > If any person claims that a person registered a deed of sale can no longer do so, because the deed was executed more than 10 years before, such objection must be raised in an ordinary civil action > Where there is no question as to the existence and validity of the deed of sale, the registration of the sale and issuance of a Transfer Certificate of Title are ministerial duties of the RD NO ALTERATION OR AMENDMENT OF DECREE OF REGISTRATION IS PERMITTED EXCEPT UPON ORDER OF THE COURT > Otherwise, a decree of registration cannot be permanent if, for instance, the limits of the land therein registered may be changed or the amount of land so registered altered by a subsequent adjudication of said court based upon new evidence tending to show that the evidence introduced on the former hearing was incorrect RULE UNDER SECTION 108, IN RELATION TO SECTION 2 PD1529: COURT MAY NOW HEAR BOTH CONTENTIOUS AND NONCONTENTIOUS CASES > Section 2 of PD1529 has eliminated the distinction between general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral courtthis is aimed at avoiding the multiplicity of suits, the change has simplified registration proceedings by conferring upon the RTC the authority to act not only on applications for original registration but also over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. > The rule that the RTC, sitting as a land registration court, has limited jurisdiction and has no authority to resolve controversial issues, no longer holds

PROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURE > Case law stressed the summary character of the proceedings for the amendment or alterations of the certificates of title > Proceedings under Section 112 are summary in nature and relief can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes contentious and controversial which should be threshed out in an ordinary action or in any case where the incident properly belongs (Fojas v. Grey) > Any registered owner of land or other party in interest may, on certain grounds, apply by petition to the cadastral court for a new certificate or entry or cancellation or memorandum thereon, but such relief can only be granted if there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs (Abella v. Rodriguez) > Although exceptions are admitted in rare cases, these are not based alone on the fact that land registration courts are likewise the same CFI but also on the following premises o Mutual consent of the parties or their acquiescence in submitting the issues for determination by the court in the registration proceedings o Full opportunity to the parties in the presentation of their respective sides of the issues and evidence in support thereto o Consideration by the court that the evidence already of record is sufficient and adequate for rendering a decision upon those issues WHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION OF CERTIFICATE 1. Whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or 2. That new interest not appearing upon the certificate have arisen or been created; or 3. That an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or 4. That the same or any person on the certificate has been changed; or 5. That the registered owner has married, or, 6. If registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or 7. That a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; < Prev Next >