LAND TITLES and DEEDS

Private land ownership, the manifestation of which is the actual possession over the land. Such control, however, is only temporary and can only be effective while the person asserting ownership is in actual possession of the land and no one is successful in ejecting him therefrom. 8. Land! 1. Land titles emanate from the State. Thus, a private individual can only acquire ownership over land by purchase from or grant by the government. (Regalian Doctrie; Art. XII, Sec. 2 & 3)

f.

3otarial ac7nowledgment. ("D #$2%, Sec ##2)

9egistration , entry made in the registry which records solemnly and permanently the right of ownership and other interests.

"lassification a. b. c. 1ovable-immovable4 Private-public ,determines mode of acquiring ownership4 :our constitutional classifications i. :orest-timber ii. 1ineral iii. 6gricultural lands ;nly property categori<ed as agricultural lands are capable of private ownership. iv. 3ational par7s. d. 6lienable and disposable land of the public domain #nalienable land of the public domain e. 9egistered-unregistered land !already private lands%.

Exceptions: 1. Possession of land from time immemorial by the claimant or his predecessors in interest. Such possession raises the presumption that the property had been privately owned even before the Spanish occupation !"arino v #nsular $overnment%. &pholds what has been termed as 'native title.( *cclesiastical property. The +ing of Spain decided that he was not the ecclesiastical property. Thus, the &S could not have entered ownership over such lands upon the cession of Spain.

).

Definition of Ter ! 1. ). Land , the solid part of the surface of the earth. Land title , evidence of the rights of the owner-e.tent of his interest and by which means he can assert control and has right to e.clusive possession and enjoyment thereof. 0eed , written instrument of conveyance of land, tenement, etc. 1ust contain2 a. b. c. d. e. 3ames of the grantor and the grantee4 5ords of grant4 0escription of the land involved4 Signature of grantor4 6ttestation of two witnesses 4

).

3on registrable lands a. b. c. d. e. f. Those dedicated to general-public use4 Lands devoted to public service4 Public forests-timberlands-forest reserves4 3avigable rivers, streams, and cree7s4 La7es4 9eservations4

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g. h. i. j.

"oastlines4 $ra<ing lands4 6lluvial desposits when man made4 Lands already registered. b. >. Principles regarding registration a. 9egistration 1*9*L? ";3:#91S title to land. #t does not grant the title. 0oes not validate an invalid document nor cure its legal defect. e.g. donation without acceptance fictitious deeds of sale c. d. e. 3ot a mode of acquiring ownership 0oes not give a registrant a better right if registration in bad faith. #neffectual if accomplished under the wrong system of registration. @ecause a person who wishes to investigate the property would not be able to properly investigate the registration. Thus constructive notice does not apply. f. #mmovable property and real rights can be subject of registration.

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Legal Systems of Transferring Lands a. b. c. Transfer of title from owner to owner !physical%4 9egistration-recording of deed of conveyance4 =udicial declaration of transfer.

8.

Purpose and effects of registration a. To quiet title to lands2 Legard! and "rieto & '!o et(ing). The primary purpose is to finally settle title to land e.cept to claims raised and recogni<ed at the time of registration or which may arise subsequent thereto. To relieve lands of un7nown liens or claims, just or unjust2 Liens, claims, encumbrances must be noted on the "ertificate of Title otherwise they would produce no effect. To prevent fraudulent claims2 &nless a claim is registered, you cannot pursue the same. To establish priority in rights2 :irst registrant in good faith has priority right, better even than a person who purchased the property first. To create an indefeasible-imprescriptable title2 9egistration of title cannot be defeated by other proofs of ownership. :urther, ownership can no longer be acquired by prescription or adverse possession. 3otice to third persons2 "onstructive notice. To provide stability in land ownership2 The establishment of a permanent assurance fund. b. A.

b.

1odes of 6cquiring ;wnership. (Article *#2, ++)

c. d.

B.

1odes of 6cquiring Title to Land a. $overnment grant Public land is transferred to a private individual by e.press or implied grant4 Prescription-adverse possession 6 person in possession of land becomes the owner of property after 1C-/C years of ;"*63 possession !does not apply to registered lands%4 c. 6ccretion-accession The accessory follows the principal, anything produced-procured-attached to land belongs to owner of the land4

e.

f. g.

d.

9eclamation The method of filling submerged land and asserting title thereto. ;nly the government can assert ownership over reclaimed land +(a&e, & "EA-A.ARI 1. Submerged areas4 status Such areas cannot be transferred or conveyed. They remain inalienable until reclaimed 630 classified as alienable land ). :oreshore land !land which is submerged during high tide% is 6L56?S inalienable land of the public domain. @ut where reclamation is underta7en, the old foreshore land can become alienable land because it can no longer be validly considered foreshore land.

9egistration H 3otice 3otice H +nowledge Thus to such persons, the purpose of registration is more than accomplished. 6ctual 7nowledge prevents him from becoming an innocent purchaser for value !henceforth, #PfD%.

1C. Land 9egistration 6uthority !L96% a. :unctions and duties i. #ssue decrees of registration4 ii. "ause register of deeds !90% to issue "ertificates of Title !"oT%4 iii. 9esolve cases elevated en consulta4 iv. *.ercise e.ecutive supervision over court personnel vi< registration of land4 v. vi. vii. viii.

e.

Doluntary transfer Transfer of land by a legally prescribed form 9egistration is necessary to transfer property &nregistered transfer does not affect /rd persons4

f. g.

#nvoluntary alienation4 Succession.

E.

Torrens System of Land 9egistration

b. c.

"entral repository of all registration decrees. 9egister of 0eeds i. The duty of an 90 to register registrable instruments !as per requirements of Sec 11) and >> of P0 1>)F. !1% Public instrument4 !)% 3ame and nationality of grantee must be stated% is ministerial4 ii. 5here the 90 is presented with a registrable instrument, he 1&ST register the deed despite any 7nowledge of invalidity of the instrument. Ge cannot go beyond the four corners of the instrument presented to him.

F.

&nregistered Sale-1ortgage of 9eal Property a. 5ill not bind persons EXCEPT2 i. The parties to the contract4 ii. Geirs of contracting parties !relativity of contracts%4 iii. Third persons with actual 7nowledge-notice of the transaction

11. Petition for registration of Land a. b. =udicial proceeding4 Proceeding in rem i. =urisdiction over the res is acquired by virtue of publication of the 3otice of #nitial Gearing ii. @inds all person and any judgment rendered therefrom binds the whole world. c. d. =urisdiction of 9T" as a court of general jurisdiction and a land registration court no longer has distinction4 =urisdiction of first level courts in land registration-cadastral cases. i. Lots over which there is no controversy ii. "ontested lots the value of which is not more than P1CC+. This jurisdiction is delegated by the S" of the part of the 9T"Is jurisdiction. Thus any appeal involving jurisdiction in a land registration-cadastral case is to the "6. e. 1odes of Land 9egistration i. =udicial "onfirmation of Title !="T% (Section /0(1), "21lic Land Act) 1. ). /. "onfirmation of incomplete title ;rdinary land registration proceedings "adastral proceedings #P96 is not a distinct mode. #t only gives the indigenous people the choice between !1% and !/%. in rem proceeding, judicial in nature4 '... where titles have not been perfected or completed ...(

period of rec7oning is now 'since 1) =une 1F8>.( and no longer 'for thirty years.( only applies to alienable and disposable lands of the public domain Period of filing (Sec. /*)3 &p to /1 0ecember )C)C, proviso2 applies only to application covering lands up to 1) hectares. 5ho may file for ="TJ 1. ). /. Pinoys who have been in possession Private corporations-associations who acquired from private citi<ens. 3atural born Pinoys who have lost their citi<enship

6llegations-conditions to be proven2 1. Land applied for is alienable and disposable land of the public domain a. *vidence necessary to prove land is alienable i. Presidential Proclamations-$eneral ;rders-6dministrative ;rders issued by 0*39 Secretary ii. "ertification by the 0irector of :orestry iii. Legislative 6cts2 Re421lic & 5ega - True copy-certification from the 0*39 Secretary of the original classification. iv. Survey plan !to identify the land% v. Technical description of the land

vi. 6ny proofs or evidence of the boundaries of the land. vii. Testimonial-documentary2 0eclaration should be that the land was alienable K disposable should be from 1) =une 1E8> or earlier. ). 6pplicant has been in possession and occupation of the land in ;"*63 since 1) =une 1F8>. a. 0efinition of possession and occupation The two terms are not synonymous. The applicant must not only be in constructive possession of the land. 6ctual possession is necessary. b. "haracter of occupation i. ;pen !i.e. 6pparent% ii. "ontinuous iii. *.clusive iv. 3otorious !i.e. +nown among the inhabitants of the place% 5hen the conditions in 8E!b% are met, the person acquires a right tot he issuance of a government grant by operation of law. The land ceases to be of the public domain and is beyond the power of the 0irector of Lands to dispose. /. 6pplicant must also prove identity of the land. !Survey plan%

1). Private "orporations K 6ssociations a. "annot 6cquire alienable and disposable lands of the public domain. "an only lease for a period of )> years !renewable for another )> years% and only up to 1CC+ hectares. 6 corporation, however, can obtain from a private person land which has already been segregated from alienable and disposable lands of the public domain.

b.

1/. ;rdinary-Doluntary Land 9egistration a. Procedure ("D #$2%) i. Survey of the land survey plan ii. Survey plan must be approved by the Land 1anagement @ureau which issues the technical description of the land. iii. :iling of the application Serve a copy of petition with the 0irector of the L1@. iv. Setting of date of initial hearing 3otice of #nitial Gearing !service by publication, mail, and posting% v. Service of notice to contiguous owners vi. ;ppositors may file 6nswer-;pposition vii. Gearing-Presentation of evidence viii. Promulgation i.. "ourt issues ;rder to L96 to issue 0ecree of 9egistration% .. *ntry of decree and issuance of "oT. .i. Transmittal to 90 for recording

ii. 6dministrative "overs public lands where the grantee is given a land patent !e.g. sales patents, homestead patents, etc% b.

.ii. 90 to send notice to applicant 5ho may fileJ

c.

1aterial and substantial allegations i. 0escription of land ii. "iti<enship of applicant iii. iv. 3ames and addresses of the occupants of the land and the adjoining land owners or the efforts e.erted to discover the same. v. "ivil status. h. g.

vi. 1ust be proved by certification by 6dministrator and Sheriff concerned, affidavit of publisher, clippings, copy of the paper itself. :iling of opposition i. State all objections to the application ii. Person filing must claim an interest in the land. 6lways see7 an 6rder of 7eneral Defa2lt to declare in default all persons who did not appear at initial hearing. 0efault i. *ffects ex parte presentation of evidence by applicant /rd persons lose their standing in court upon ;rder of 0efault ii. 9emedy , 1otion to Set 6side 1otion for 9econsideration-1otion for 3ew Trial-Petition for 9elief 6ppeal &nder Sec 3# and 32 of "D #$2% Petition to 9e;pen 0ecree of 9egistration 6ction for 9econveyance 6ction for 0amage "laim 6gainst 6ssurance :und 6ction to 3ullify Title of 9egistered ;wner !if applicable% i. =udgment i. "ourt may render partial judgment where only a portion is contested

d.

5here 9T" !file all muniments of title%

e.

Transactions pending registration i. 6llowed2 Sale, mortgage, lease, etc. ii. 3o need for buyer to be substituted. @uyer need only file the 0eed of Sale and as7 the court to rule based on such 0eed.

f.

#nitial hearing i. 8> to FC days from 3otice ii. 6 mode of acquiring jurisdiction not only over the parties but also over the res. li7ened to summons iii. Gearing is necessary for procedural due process iv. 3otice of initial hearing must be published once in ;$ and once in a newpaper of general circulation in the Philippines v. Two fold purpose4 1. ). To acquire jurisdiction To apprise the world of pending hearing

ii. 1ust determine all conflicting claims of the parties iii. 1ust consider2 evidence reports of L96 and L1@ iv. "onfirm title of applicant j. ;rder i. "ourt shall issue an order for the issuance of the 0ecree of 9egistration !0o9% and "oT. ii. 3o need for a 1otion for *.ecution. The court itself issues the order. 7. 0ecree of 9egistration i. 1ust contain date, time, and hour of registration ii. 1ust state 1. ). /. 8. 3ame of the owner "ivil status 0escription of the land Liens and ecumbrances, if any, in accordance with their relative priorities. b.

Laches and prescription do not apply to land registration cases.

18. Petition to 9e;pen (Sec 32) a. $round 5hen a person is deprived of land, estate, or any interest therein, by a 0o9 by 6"T&6L :96&0. exception2 5hen an #PfD has already obtained the property or any interest therein 6ctual fraud (+a!e of 8eir! of .an2el Ro9a!)2 #ntentional fraud by concealment or misrepresentation which prevents a party from participating in court or is 7ept from presenting its whole case. 5hen ;ne year from judgment ordering the decree of registration. $rant of reopening of decree is appealable.

1>. 6ction for 9econveyance a. 5hen the land has been wrongfully registered under the Torrens System and for as long as title stands with the person who made such transfer to the prejudice of the former. Period2 ;ne year after the 0o9. The action respects the title but see7s to transfer it to the rightful owner. ;rdinary in personam civil action. 6vailable only when the property has not been transferred to an #PfD. #f it has, the remedy would be for damages. To forestall any transfer to #PfD, file and register a 3otice of Lis Pendens. f. :iled with the 9T" with territorial jurisdiction.

iii. @ased on dispositive portion of judgment l. '0ecree of registration shall bind the land( i. The decree shall tie the land to the Torrens System ii. 0ecree of registration shall be conclusive upon all persons. 9ule /F does not apply to land registration cases. m. 1ay the 6dministrator refuse to issue 0o9J i. ?es, when there is already an e.isting 0o9. b. c. d. e.

ii. ?es, when land subject of judgment is inalienable land of the public domain.

g.

$rounds2 i. "ontractual fraud2 fraud which vitiates consent of party resulting in a voidable contract ii. @reach of an e.press trust iii. Diolation of implied or constructive trust iv. Doid contract

a.

"onditions2 i. Plaintiff has been wrongfully deprived of title ii. There has been no negligence on the part of the plaintiff iii. 9econveyance is no longer available. iv. 6ction for damages has not prescribed.

b.

Land has been transferred to an #PfD.

h.

0efenses available to defendant2 i. Prescription of action 1. Doidable contract , 8 years from date of discovery4 registration, 8 years from registration !i.e. because registration is notice and therefore, registration is discovery% *.press trust , will not prescribe for as long as title remains in the name of trustee or his assigns, etc. Doid contract , does not prescribe as against the person responsible for the void contract. #mplied-constructive trust , 1C years from issuance of "oT. Proviso2 1C year period applies only when there is actual need for reconveyance. @ut where the person see7ing reconveyance is in possession of the property, the 1C year period does not run because the action in such a case is, in effect, an action for quieting of title which is imprescritible. e.g. .ar:2e, & +A =udge Serrano, '*to yung 7aso nung amang swapang.( 1B. #nnocent Purchaser for Dalue a. Legarda & +A ;ne who buys property of another without notice that another person has a right to or interest in the property and who pays full and fair price for the same at the time of the purchase or before he receives such notice of such right or claim. i. $ood faith ;ne who conscientiously abstains from ta7ing undue advantage of another. ii. 'purchaser( 9efers as well to lease, mortgage, or encumberance for value !e.g. attaching creditor, levying judgment creditor% iii. 'innocent(- 'purchaser in good faith( 9efers to a person who has no notice or 7nowledge of the interest or right of another person iv. 'purchaser for value( ;ne who pays #3 :&LL !at the time of the sale or before notice of adverse interest% the :6#9 P9#"* of the property. Ge who asserts #PfD must prove the same. #nvocation of good faith cannot be relied upon.

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/. 8.

1A. 6ction for 0amages

b.

6 person can claim the status of #PfD by relying on the ;riginal "ertificate of Title found in the custody of the 90. #f there is no claim, lien, or interest in the land noted on the "oT, then the person can claim #PfD status. !i.e. the 1irror 0octrine% Exception to the 1irror 0octrine2 1. Spouses 1athay v "6 The principle does not apply where the person has 7nowledge of facts and circumstances which would impel a reasonably prudent man to investigate further into the title of the seller. ;therwise, he is negligent and is precluded from invo7ing the status of #PfD. ). @an7s and :inancial institutions , a ban7Is business is so impressed with public interest that it cannot rely merely on the "oT. #t must ma7e its own investigation over the land.

An!<er3 " has a better claim. #n a sale, the buyer steps into all the rights and obligations of the seller. @, being an #PfD, had title which could not be defeated by 6. Thus, " acquired the rights of an #PfD notwithstanding any actual 7nowledge of the adverse claim of 6.

1F. Subdivision and "onsolidation of Title a. Subdivision 5here the owner has his property subdivided into smaller lots. i. 6dministrative4 owner files a request with 90 with a subdivision plan and technical description. *ach new lot would be covered by its own "oT. ii. Types 1. ). b. "onsolidation ;wner has several parcels of land under different "oT to be put under one "oT. "annot be used for land grabbing purposes. Simple2 involves B or less subdivisions, approval of the 6dministrator "omple.2 involves more than B, approval of the GL&9@.

1E. "ertificate of Title a. "ertificate of ownership issued by 90 under TS registration naming and declaring the owner in fee simple of the property mentioned therein free from all liens and encumberances save those noted therein or provided for by law. :inal and conclusive as regards matters contained therein. 5hen there are two "oTIs in the name of ) different people over the same piece of land i. "oT with the earlier date shall prevail. ii. 5here property has been subsequently transferred2 1. 'The better rule is to trace the original "oTIs from which the "oTIs in dispute were derived.( (S4o2!e! .at(a; & +A)

b. c.

)C. 9egistered land cannot be subject to prescription a. b. c. :lows from the imprescriptibility of title. *.tinctive prescription2 registered ownerIs right to recover possession from an occupant does not prescribe. 5ho else can invo7e imprescriptibilityJ Geirs of the registered owner. d. "an laches be invo7ed against the registered ownerJ 3o. Laches cannot be set up to resist an imprescriptible right. (8eir! of Nieto & .e;ca2a;an)

"ro1le 3 S sold property to @, @ without notice of any claim over the property. @ then sold the property to " who 7new of a claim by 6 against S over the property. 6 claims against S K ".

a. )1. "ollateral attac7s a. b. "oT cannot be subject to a collateral attac7. 6ttac7 on a "oT can only be made i. S claims title v @ claims title of S void in an ejectment suit This is a collateral attac7. 5hile a court can provisionally determine ownership, any such determination cannot be used to nullify the title of S. #t is only a provisional determination. ii. S v @ in an accion publiciana Same as above. iii. S claims title of @ is void v @ claims title in an action to nullify title. This is a direct attac7. The ultimate goal is for the nullification of the title. Exception: #n !ii%, where S claims title but @ files a counterclaim contesting that title, the counterclaim is considered a direct attac7 since the counterclaim is an independent action. (+a!e of S4o2!e! Sacra ento) b.

:rom the moment when the registration is made, the whole world is considered as having 7nowledge of what the registration contains. *veryone is charged with the 7nowledge of the contents of the @oo7 of 9egistration. 6 buyer is irrefutably presumed to have e.amined all pertinent records of the land sought to be purchased.

)8. ;bligations of a Prospective @uyer a. 5hile a person may rely on the ;"T, he must i. #dentify the person with whom he is dealing ii. 0etermine the status and condition of the property 1. The T"T may be clean but the ;"T may have been annotated with liens and encumberances.

iii. *.ercise due diligence 5here a person who does not own a thing sells and delivers the same but later on gains title thereto, such title passes by operation of law.

)>. 9ight of preference (Sec. $>) )). Doluntary 0ealings a. b. Sell, mortgage, lease, donate, convey, etc. Through the e.ecution of 0eeds-"ontracts !comply with Sec ##2 & $$, "D #$2% to be registrable%. Such deeds and contracts are only proofs of authority to 90 to effect registration. #t is the act of registration which is the operative act to convey or affect the land as to /rd persons. @ut where a party has actual 7nowledge of the unregistered contract, the same shall be binding on him. Act2al =no<ledge i! e:2i&alent to regi!tration. a. 90 will maintain a Primary *ntry @oo7 and all instruments will be recorded therein. The date, hour, and minute will be noted which shall be the time of registration. #t is at such time that constructive notice is deemed made. The person whose registration is earlier would have preference over the land.

b.

)A. 9equirements for registration a. The deed-instrument-document must be sufficient in law !i.e. comply with ##2 and $$%.

)/. "onstructive 3otice

b.

0eed of conveyance must be accompanied by ownerIs duplicate "oT !;0"oT%. Sec *#3 9egistered owner may be compelled to produce the ;0"oT.

)E. Presentation of ownerIs duplicate "oT. (Sec $3) a. b. Serves as conclusive authority to ma7e registration. :orged deed of conveyance. i. :orged deeds which are registered are null and void and do not convey title. ii. 6 "oT mahy be issued to the forger since the act of registration is ministerial. :or as long as the deed is registrable and is accompanied by a genuine ;0"oT. iii. :orged deeds may nonetheless be the source of a valid title. 5here the title was transferred from the name of the true owner to the name of the forger and, subsequently, was transferred from to an #PfD. Ed2arte & +A The doctrine that a forged deed may be the source of a valid title flows from the negligence of the real owner. 5hile there may be two innocent persons, between the two of them, the one who made the fraud possible must bear the loss. c. :orged ;0"oT "annot be the source of valid title because it gives no authority to the 90 to register the conveyance. The 90 is conclusively presumed to 7now.

c.

:ull payment of registration fee. @y 1;6, a certification from the @#9 that the applicant has paid the necessary transfer ta.es is required before registration may be allowed.

)B. 9equirement of citi<enship a. ?ri&en=o & Regi!ter of Deed! of .anila2 ;nly public agricultural land may be alienated and only to qualified persons. i. Lands are classified as forest-timberland, mineral lands, and agricultural lands. b. "an a :ilipino seller recover the property sold to a disqualified buyer !i.e. an alien%J 3o. 0octrine of pari delicto. The property would be forfeited. c. 5hen are the qualifications determinedJ 6t the time of the transfer of rights, not at the time of registration. d. 5hen an alien sells land to Pinoy, can there be recoveryJ 3o. The public policy sought to be served has already been accomplished. e. :ilipino by naturali<ationJ 3o recovery where acquisition was after naturali<ation. 5here it was before or during the process of naturali<ation, recovery is possible. f. 5here the sale is to a Pinoy in favor aliensJ The sale is void. b.

)F. "onveyance-Transfer a. 5here conveyance is only of a portion2 i. 90 merely notes conveyance on ;"T. ii. Seller and buyer request for subdivision. Sec. $%

6nnotations on the ;"T will be carried over to new ;"Ts arising from conveyances and transfers while the encumberance is subsisting.

i. *ffect2 creates a lien or an encumbrance on the property which follows the property. 1. Lien2 a charge on the property usually for the payment of some debt or obligation. 6 proprietary right which may be e.ercised over the property of another. *ncumberance2 burden upon land depreciative of its value which though adverse to the interest of the owner, does not hinder the right of the owner to transfer.

/C. 0ouble Sale (Art. #$//, ++) a. b. 1ovable2 first to ta7e possession in good faith #mmovable i. Person acquiring in good faith who first registers ii. #n the absence of !i%, ownership to person who first ta7es possession in good faith iii. #n default of either !i% or !ii%, oldest title in good faith Exception: $.9. 3o. 1B1CCE, :udo v "atleya. 5here one sale is valid, the other is invalid, there is no double sale. #f registration of one of the sale is accomplished in the wrong system. e.g. registration for registered land was made in the boo7 for unregistered land. ).

ii. ;nce the order is entered into the 0aily @oo7, the attachment is deemed registered.

5hat if the property is made subject to several attachments-levies on e.ecutionJ 0 holds title to a piece of land worth P)C1 subject to the following2 1. #n L v 0, a 5rit of 6ttachment for PE1 was registered on 1/ =anuary )CC). ). #n ? v 0, a Levy on *.ecution for P>1 was registered on > 1arch )CC>. /. #n M v 0, a 5rit of *.ecution for P/1 was registered on /C =anuary )CCB.

vi<. "D #$2%, ##3(1)2 6ny recording made under this section shall not prejudice a /rd person who has a better right.

6n e.ecution sale was conducted in 6ugust )CCF to satisfy the 5rit of *.ecution in favor of M. Since the judgment for ? is already final and e.ecutor, can the property be sold in e.ecution saleJ 1. The determination of preferential right is not by the date of e.ecution sale but the date of the registration of encumberance or lien. ). The property can be sold in an e.ecution sale but what can be purchased is merely the right of redemption since they are merely junior lien holders. 6s such, any e.ecution sale in favor of the senior lien holder !i.e. L% would retroact to the date of the registration of the attachment. /. Thus, ? and M can be paid their judgment credits by e.ercising their right of redemption and then turning around to another seller.

c.

The same property is sold by multiple vendors.

/1. #nvoluntary dealings Transaction where the cooperation of the registered owner is not required. a. 6ttachment-Levy on *.ecution

). 3otice to counsel of a previous lien does not taint the right of the client to whom it was not communicated.

To bind a purchaser of the land to the judgment or decree which may be issued.

v. "ancellation 1. @y plaintiff upon verified petition. @y court order after hearing where the annotation is found to be only for the molestation of the property owner or where the annotation is not needed to protect the rights of the claimant.

b.

Ta. sale The delinquent ta.payer can only be deprived of his property if he is served with the 3otice of Sale. "annot effect the rights of other lien holders. d.

).

6ffidavit of 6dverse "laim (Section *@) i. "laim adverse to registered owner

Period of redemption will not run until the registration of the "ertificate of Sale. #n involuntary dealings, the registered owner would not surrender the ;0"oT. 9emedyJ 0epends on the nature of the principal action2 1. 5here the property is intimately related to the principal action, remedy is a mere motion with the same court to direct the 90 to cancel the title of the registered owner. ). 5here the property is not related to the principal action, as in when the property is acquired through e.ecution sale, remedy is to file a separate Petition to "ancel ;0"oT. (Sec. #@*)

ii. "laim arose subsequent to original registration iii. 3o other provision in P0 1>)F is sufficient to protect the claim !i.e. the claim for one reason or another cannot be litigated yet%. iv. "an be cancelled in /C days but such cancellation must be made through a Petition for "ancellation. (SaAona! & +A) /). Petition for 9eplacement of Lost or 0estroyed ;0"oT a. b. :ile an affidavit of loss Procure a certified true copy from the 90 Loss or destruction must be proved otherwise the order and the replacement ;0"oT will be null and void.

c.

Lis Pendens i. Pending suit or litigation ii. 6n announcement to the whole world that the subject real property is under litigation. 6 warning that anyone who ta7es an interest does so at his own ris7. iii. "an only be availed of in cases under Sec #$>. 0oes not need a court order, simply file a request with the 90. iv. Two fold purpose 1. Property subject of the litigation will remain under the power of the court.

c.

//. Petition for 9econstitution a. b. c. ;"T in the custody of the 90 was lost or destroyed. 9econstitute title in its original form. ) modes2 i. =udicial (RA 2>) 1. =ust li7e original registration

).

*numeration of proofs in Sec!. 2 & 3 is e.clusive.

ii. 6dministrative (RA >*23) 1. ). /. 8. Substantial loss or destruction due to fire, flood, or other force majeure as determined by L96. 3umber of "oT lost or destroyed at least 1CN of the total number in the custody of the 90. #n no case is the number of "oT lost or destroyed is less than >CC certificates. ;nly source of reconstitution is ;0"oT.