Beruflich Dokumente
Kultur Dokumente
Acknowledgment To my classmates mentioned here, wherever you are now, thank you very much for the participations. Without you, this material could not have been made possible. Judge Albert, thank you for the time and dedication to teach us and for this material which is really yours. DEDICATION To our firm: G.O.D. & Associates, you will be remembered. Geronimo, Armi Olandesca, Gab Dagalangit, Raha & Associates. Thank you and Good Luck! Ut in Omnibus Deus Glorificetur & Instaurare Omnia in Christo! That in all things God May be Glorified and To restore all things in Christ! Cheers! Gabriel Olandesca Bedan from Dapdapan, Sapian, Capiz In consequence of certain contracts by tradtion or delivery Acquisitive prescription Real property cannot be created intellectually or by magic Modes of Acquiring Land Titles 1. Govt grant 2. Adverse possession or prescription 3. Accretion 4. Reclamation 5. Voluntary transfer 6. Involuntary alienation 7. Succession Government Grant: Whenever public land is conveyed to a private individual there is some form of govt grant. Regalian doctrine. Title to land must emanate from some source since it cannot 00 from nowhere. No public land can be acquired private individual without a form of grant, express or implied, from the government. Laws had been passed which allowed the government to grant public land to individual. EX, CA 141. Examples of public lands Homestead patent, sales patent, free patent. These public lands to the issuance of land patent provide for administrative proceedings in land registration. A person issued a homestead patent, all he has to do is to present that to the register of deeds, pay the corresponding fees and he will be given a corresponding OCT. no judicial proceedings. PD 27 tenant farmer beneficiaries of lands devoted to rice and corn are deemed owners of the land that they till. Implementing rules and other amendatory decree were imposed for the issuance of emancipation patent. Upon filing of the emancipation patent to the register of deeds, the OCT will be issued in the name of the grantee (EP).
What does not kill you will only make you Stronger. Nietzsche Start of First meeting Explain the following purposes of land registration: 1. To quite title to land 2. To establish priority in rights 3. To create indefeasible and imprescriptible title binding on the whole world So we start with the modes of acquiring land titles: Under the New Civil Code, Article 712 five modes of acquiring of all types of property: Occupation Intellectual creation Donation/succession
1|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
PD 1529, Which government agency which implements it? LRA because Administrative Order 292, headed by an Administrator and two deputies. Ung opisina nito malapit sa SSS, ung tumbok ng V. Luna. This is under the DOJ. Under LRA are the Register of Deeds. It is the central repository of records relative to original registration of lands titled under the Torrens system including subdivision, consolidation plans of titled lands. Administrator has the authority to issue decrees of registration pursuant to final judgment of the court in land registration proceedings. Also to cause the issuance by the Register Deeds the corresponding Title. En consulta (Sec. 11) Reconstitution you also go to the LRA. Register of Deeds is the public repository of records of INSTRUMENTS affecting registered and unregistered lands as well as chattel mortgages under Sec 7 PD 1529. Duty to immediately register instruments provided that the instruments comply with the form sufficient in law. If it is registrable then he must register. MINISTERIAL. Even if the register of deed has knowledge that the signature of seller is forged but the form is registrable he has no option to deny registration that is why a forged document may be the root of a valid title. Since the purpose of registration is only NOTICE. 1:10:00 SUPPOSE that the conveyance is made in favor of Yao Ming, Resident of Beijing China. Will you register? No. because there is patent infirmity.
4|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Coverage. Only 2 types of cases 1. when there is no controversy 2. Contested lots and the value of which does not exceed P100k. In these cases, the inferior courts may take cognizance of the cadastral and land registration cases. Suppose, MTC renders judgment. Where should the losing party appeal? To the Court of appeals na. Because of the delegated jurisdiction the inferior courts have concurrent jurisdiction with the RTC. Land registration cases decided by inferior courts in the exercise of their delegated jurisdiction are appealable to the CA. 5|Page
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
JUDICIAL CONFIRMATION OF INCOMPLETE OR IMPERFECT TITLE Under Sec. 48 (b) CA 141, Public Land Act. A person may file an action for judicial confirmation of incomplete or imperfect title. What is the nature? Judicial and in rem just like OLR. The decree of registration issued is also conclusive and final upon the whole world. Moreover, same rules of procedure applies just like an ordinary of voluntary land registration proceedings. Sec. 34 of PD 1529 is also applicable. There is only one source of the action of petition of incomplete or imperfect title. It is only Sec. 48(b). 4 points to remember in JCT Kind of Land covered: only alienable and disposable lands of the public domain. Period of Possession: Since June 12, 1945 or earlier Period of Filing the petition: Only upto Dec. 31, 2020 Area of the land subject to judicial confirmation: not to exceed 12 hectares.
been in OCENO (possession and occupation) of alienable and disposable land of the public domain since June 12, 1945 or prior thereto 2. Private corporations which had acquired from Filipino citizens who have the qualifications in #1. The private corps which had acquired lands of public domain from Filipinos who OCENO. 3. Natural born citizens who have lost their citizenship and who have acquired from Filipino Citizens who have the qualifications in #1. What should the applicant prove in JDC? There are 2 that must be determined and thus must be proved by the applicant. First, that the land is alienable and disposable land of the public domain. Second, that possession and occupation is in the length of time and in the manner OCENO since June 12, 1945. These must be established in evidence. Secretary of DENR v. Jose Yap (Boracay Island) 00:08:00 In order to be entitled to JCT, the applicant must establish the conditions required under Sec. 48 (b) of CA 141 as amended. What is the basis? Possession and occupation What is the character of possession and occupation? OCENO What is possession and occupation? According to the SC, these terms should be taken together. Occupation serves to highlight the manner of possession. Possession although it may be symbolic requires more because of the words and occupation. There must be actual possession of the land and not mere fiction. The word occupation qualifies the word possession.
July 2, 2010 JCT Sec. 48 (b) CA 141, as amended. First minutes is discussed history of Sec. 48 (b) as amended. Who may Apply for JCT? 1. Filipino citizens who by themselves or through their predecessors in interest have
6|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
7|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
10 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
11 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
12 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Filing of Answer/Opposition to the Application of Petition for Land Registration. who may file? Any person must claim right or interest (short of ownership) ie lessee, mortgagee - form: 1. signed 2. sworn to by the oppositor - person with interest must appear on the date of the initial hearing to inform the court has an interest/claim and if he has not yet filed an answer, he can ask the court to give additional time to file the answer/opposition what should be alleged? 1. Interest 2. Remedy desired Prayer to the court: a. dismiss the application (negative relief) b. declare the oppositor as the owner and therefore that the land be registered in the name of the
c.
d.
e. f.
g. h.
Hearing - Presentation of evidence - Governed primarily by the provisions of PD 1529 and secondarily by the Rules of Court by analogy and whenever practicable and convenient Whom to present evidence? Referee branch Clerk of Court; aka Commissioner - Referee 1. receives the evidence 2. submit a report on the evidence presented 3. recommendation What Court may do? 1. Accepts the report and use it as basis of the judgement 2. set aside the recommendation 3. remand for further proceedings/presentation of evidence
Matters to be established/proven 1. Issue of ownership 2. Possession and occupation of the land (OCENO) 3. Identity and description of the land 4. Land is alienable and disposable of the public domain otherwise court has no jurisdiction 5. Applicant has acquired the land through any of the modes of acquiring ownership Pieces of evidence presented 1. Testimonial evidence for character and nature of possession/occupation 2. Documentary evidence Land is Alienable and Disposable a. Presidential proclamations b. EOs c. Certification issued by the Bureau of Forestry/LMB d. Laws, statutes Identity and description of the Land a. Survey plan b. Technical description c. Tracing cloth d. Tax declaration Republic v. Sta. Ana Burgos Tax declaration/real estate tax payments/real estate tax receipts are not conclusive evidence of ownership nevertheless they are good indicia of possession in the concept of owner for no one in his right mind will be paying taxes of a property that is not in his actual or at least constructive possession. But when coupled with possession and occupation OCENO, it is given great weight by the court; 3. Real/object evidence (ocular inspection)
15 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
After the judgment has become final and executory, What is the duty of the Court? Issue and oder directing the Administrator of Land Registration Authority to issue the decree of land registration and issue the corresponding certificate of title in favor of the prevailing party. Sec. 13 Who issues the decree of land registration? Administrator of land registration authority When? 2nd par. of Sec. 30 When should the court issue the order directing the administrator to issue the decree of registration and the corresponding certificate of title? When the judgment has become final and executory. mandatory
What is the nature of the function of the administrator in issuing the decree of land regisration? 16 | P a g e
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
So after the administrator issue the decree of registrationa and corresponding certificate of title under sec. 44. what is it the registered owner gets? in other words, what is it that he holds including a purchaser for value? You hold the property free from liens and all encumberances, except those noted in the certificate and any of the following (Statutory Liens; Sec. 44): 1. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record. 2. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the delinquent taxpayer alone. 3. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined. 4. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform. if not noted, it means the property is not subject to such claims, liens and encumbarances. Does the decree of improvements on the land? registration include
17 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
What should be alleged or stated in the application of petition? Names and addresses of the occupants and adjoining land owner. In this case, the roxases were not named. Thus, when nobody filed an answer, the court issued an order of general default, thus it allowed the petitioner to present ex-parte evidence. Petition filed by heirs were similar to annulment of judgment under the Rules of Court. What is actual fraud? Actual or positive fraud proceeds from an intentional deception practiced by means of the misrepresentation or concealment of a material fact. It is extrinsic where it prevents a party from having a trial or from presenting his entire case to the court, or where it operates upon matters pertaining not to the judgment itself but to the manner in which it is procured, so that there is not a fair submission of the 20 | P a g e
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Where should the names and addresses should appear? In the notice of initial hearing. (Sec. 23) The parties whose name were omitted may avail of petition for review and reopen the decree of registration Supposing, the lawyer connived with court personnel so that latter will not send notices to the lawyer of the oppositor. And eventually the final judgment was rendered. May the oppositor file a petition to reopen? Yes. Because they are deprived of their right to notice because the oppositor is already a party to the case. In the case, they were prevented from presenting the entire case to the court.
21 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Supposing the occupants of the land took possession of the land after the issuance of the decree of 22 | P a g e
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
3. After petition to reopen fail; or there is no actual fraud. What is the next remedy? Suppose that the title is still in the name of the person who committed the fraud? Action for reconveyance. What is this remedy and when it is available? When the land is wrongfully registered under the torrens system and for as long as the title stands in the name of the person who cause the real owner to be prejudice or deprived of his right, there is the equitable remedy of reconveyance. So an action for reconveyance is an equitable remedy. What is the nature or essence? Do you still question the decree of registration if you file the action for reconveyance? It accepts that the title is incontrovertible, however, what is sought is the reconveyance that the title and the land be transferred to him. That is what you are asking; to transfer the title to his name. to be
25 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
27 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Mathay Episode 28 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
August 27, 2010 Section 49: Splitting and Consolidation of Title Complex and simple subdivision How to? For consolidation: Submit What are the restrictions under Section 50 (last paragraph) The Administrator may not.(to prevent land grabbing) Section 47: Cannot be acquired by acquisitive prescription. No third person can acquire a registered land by mere possession. Estoppel by laches does not apply. ABSOLUTELY no prescription. Except when in the hands of a holder for value in good faith. (See Heirs of Nieto) Section 48: Collateral attack not allowed- when purpose of the action is not to nullify the registration but nonetheless raises the question of the validity of the registration. Question of registration/title is merely incidental.
29 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
LTD September 3, 2010 What is the importance of the entry in the primary entry book? 1. Determines the priority in right. 2. Determines when the transaction becomes a constructive notice to all persons. Because the entry in the primary entry book is considered as the complete act of registration. What is the basis why the entry in the primary entry book is sufficient to account for registration? Because the law provides that the notation in the primary entry 31 | P a g e
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
Why is it that the OWNERS Duplicate of cert of Title a safeguard against fraud? Because the presentation of the duplicate of cert of title is necessary for registration in voluntary transactions. Without it the Register of Deeds has no authority to register. Can fraudulent transaction be avoided? What is the consequence if the registration was procured by fraud: the reg will be null and void : See Sec 53 last par. SEE EXCEPTION ALSO When forgery may be a source of valid title: See cases of: Eduarte v. CA v. IAC . Rule: Nemo dat quod non habet Except: Transferred to an innocent purchaser for value. What are the requisites so that a forged deed maybe the root of a valid title. 1. The registered owner delivers or entrusts the owners duplicate of title to the forger (not ex. and Circe
September 17, 2010 Let me discuss with you the rules on Double Sales of the same property. Of course, the source of the rule is Art. 1544. 2nd paragraph refers to immovable property:
33 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
2. When the registration of the sale was done in the book for unregistered land. If the land is already covered by a Torrens title, then the transaction must be registered in the book of registration for registered/titled land. It must not be registered under Sec. 113 of PD 1529. a. Case: Sps. Abrigo v. De vera GR 154409 6/21/2004, in this case, the registration of the second sale was made under Act 3344 but the property is already covered by a Torrens Title, so even if the registration in the book of registration for unregistered land was done ahead of the registration under the Torrens System, the SC said, the registration under the book for registered land should prevail since the property is already covered by a Torrens Title. The registration under Act 3344 is not effective and binding as against the persons dealing with registered land. 3. Sec. 113, for unregistered land: Registration in the book of registration for unregistered land does not afford the registrant an absolute protection inasmuch as by express provision of Sec 113 PD 1529, particularly par (b) last sentence, It shall be understood that any recording made under this section (Sec. 113) shall be without prejudice to a third party with a better right. Under the first 34 | P a g e
Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
40 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
47 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)
4. Deed of mortgage, lease or encumbrance containing the description of the property covered by the certificate of title. These are to be considered by the court in reconstitution. The same is also applicable in reconstitution of the TCT. In case of judicial reconstitution, Publication of the notice of hearing is also a jurisdictional requirement because reconstitution is also a proceeding in rem. Where should and where be published? Twice in successive issues in OG at least 30 days prior to the hearing and be posted in main entrance of provincial and municipal building. It must also be sent to adjoining owners. Requirements of publication are mandatory and jurisdictional. Non-compliance would render the order of reconstitution null and void. May the administrator of LRA declare that a certificate of title is sham and spurious and order the cancellation of the title in a petition for administrative reconstitution? No. he has no jurisdiction. The power to determine whether a sham or spurious and order the cancellation thereof pertains to the court and not to the administrator of the LRA. Judicial Reconstitution is government by RA 26. Sec. 108 alteration of certificates of title. It is provided that No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance.
50 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)