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244 2005 CENTRALIZED BAR OPERATIONS

LAND REGISTRATION
Purposes:
1. To quiet title to land and to stop
forever any question as to the
legality of said title.
2. To provide a means of publication
TORRENS SYSTEM
A system for registration of land
under which, upon the landowners
application, the court may, after
appropriate proceedings, direct the
issuance of a certificate of title.
Purposes:
1. To avoid possible conflicts of title
regarding real property,
2. To facilitate transactions relative
thereto by giving the public the right
to rely upon the face of the Torrens
certificate of title and to dispense with
the need of inquiring further
EXCEPT when the party concerned has
actual knowledge of facts and
circumstances that should imply a
reasonably cautious man to make such
further inquiry.
NOTE:
egistration was never intended as a
means of acquiring ownership.
(Republic vs. CA, 131 SCRA 539).
egistration is not equivalent to title.
!nder the Torrens system,
registration only gives validity to the
transfer or creates a lien upon the
land. "t was not established as a
means of acquiring title to the private
land because it merely confirms, but
does not confer, ownership (Lu vs
Manipon, 31 SCRA !)
#ands granted under $panish
%ortgage #aw which are not yet
covered by certificate of title under
Torrens $ystem are considered as
unregistered lands. &$ec. ' (.).
1*2+,
TORRENS TITLE
-ertificate of ownership issued by the
egister of )eeds, naming and
declaring the owner of the real
property described therein, free from
all liens and encumbrances e.cept
such as may be e.pressly noted
thereon or otherwise reserved by law.
-onclusive against the whole world,
including the government and to a
holder thereof in good faith, it is
guaranteed to be indefeasible,
unassailable, and imprescriptible.
Title once registered cannot be
impugned, altered, changed,
modified, enlarged, or diminished
e.cept in some direct proceeding
permitted by law.
Probative Value: Torrens Title may
be received in evidence in all courts
of the (hilippines, and shall be
conclusive as to all matters contained
therein, principally the identity of the
owner of the covered land thereby.
MODES OF ACQUIRING TITLE:
&(/(A
2
"),
1. P ublic grant
based on the (ublic #and Acts
obtained through issuance of
$panish 0ovt. of oyal 0rants and
concessions to discoverers and
settlers.
2. R eclamation
filling up of parts of the sea for
conversion to land.
The $- has ruled that only the
1ational 0overnment may engage in
reclamation pro2ects. (Republic vs.
CA, "99 SCRA 1993 (.). '4A.,
'. E mancipation patent or grant
based on (.). 1o. 25 &-A( of
1+52,
for the purpose of ameliorating
the sad plight of farmers and of
releasing them from the bondage of
the soil.
6. P rivate grant or voluntary transfer
*. A dverse possession or prescription
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
LAND TITLES & DEEDS
245 2005 CENTRALIZED BAR OPERATIONS

Adverse possession 7 actual
possession of land in opposition to all
other claimants.
(rescription 7 possession of land
for required number of years and
assertion of ownership through an
interrupted actual possession of
property within the period of time
prescribed by law.
8. A ccretion
' equisites for accretion9
a, deposition of soil or sediment be
gradual and imperceptible3
b, result of the action of waters of
the river3
c, land where accretion takes place
is ad2acent to bank of rivers or
sea coast.
Accretion does not automatically
become registered. "t needs new
registration.
Accretions on the bank of a lake,
like #aguna de :ay, belong to the
owners of the estate to which they
have been added, while accretion on
the sea bank still belongs to the
public domain, and is not available for
private ownership until formally
declared by the government to be no
longer needed for public use.
&Republic vs. A#an$a v$a. %e
Cas&illo, 1'3 SCRA "')
egistration does not protect the
riparian owner against diminution of
land through accretion. "f alluvium is
wiped away, registration is rendered
of no effect because sub2ect is gone.
5. Involuntary alienation
/.g. eminent domain;e.propriation
<. D escent or devise
:y descent, title is acquired when
an heir succeeds the deceased
owner in testate or intestate.
:y devise, person acquires land
from one who may not be a relative, if
he is named in the deceaseds will.
Administrtion o! t"e Torrens S#stem
1. Land Registration Authority (LRA)
Agency of the government charged
with the e.ecution of laws relative to
the registration of lands and under
e.ecutive supervision of )=>. &$ec. 6
(.). 1*2+,
Fun$tions o! t"e Administrtor:
a. "ssue decrees of registration
pursuant to final 2udgments of the
courts in land registration
proceedings and cause the
issuance by the egisters of
)eeds of the corresponding
certificates of title.
b. /.ercise supervision and control
over all egisters of )eeds and
other personnel of the
-ommission.
c. esolve cases elevated en
consulta by or on appeal from the
decision of the egister of )eeds
d. /.ercise e.ecutive supervision
over all clerks of court and
personnel of the courts with
respect to the discharge of their
duties and functions in relation to
the registration of lands
e. "mplement all orders, decisions,
and decrees promulgated relative
to the registration of lands and
issue, sub2ect to the approval of
the $ecretary of >ustice, all
needful rules and regulations
f. ?erify and approve subdivision,
consolidation, and consolidation4
subdivision survey plans of
properties titled under Act 6+8
and () 1*2+ e.cept those
covered by () +*5.
g. Acts as clerk of court in land
registration proceedings
2. Register of Deeds (RD)
The public repository of records of
instruments affecting registered or
unregistered lands and chattel
mortgages in the province or city
wherein such office is located. &$ec.
1@, (.). 1*2+,
Function: To immediately register an
instrument presented for registration
dealing with real or personal property
which complies with all the requisites
for registration.
DOCTRINES:
The function of the egister of )eeds
with reference to the registration of
deeds, encumbrances, instruments
and the like is ministerial in nature
&(a)an$a vs. *us&ilo, 1'5 SCRA !5!,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
242
MEMOR( AID IN CIVIL LA3
The law on registration does not
require that only valid instruments
shall be registered. "f the purpose of
registration is merely to give notice,
then questions regarding the effect or
invalidity of instruments are e.pected
to be decided after, not before
registration. "t must follow as a
necessary consequence that
registration must first be allowed, and
validity or effect litigated afterwards.
&Al#i)ol vs. T+e Re,is&e) o- %ee$s o-
A,usan, "" SCRA 115",
Instn$es %"en RD m# den#
re&istrtion:
1. Ahere there are more than 1 copy of
the owners duplicate certificate of
title and not all such copies are
presented in the egister of )eeds
2. Ahere the voluntary instrument
bears on its face infirmity
'. Ahere the validity of the instrument
sought to be registered is in issue in
a pending court suit
6. Ahen the document is not verified
and notariBed &*alla)$o vs. .AC, 155
SCRA "/,
Note:
A deed of sale e.ecuted in a
place other than where the property is
located does not affect e.trinsic
validity of the instrument as long as
the notary public concerned has
authority to acknowledge the
document e.ecuted within his
territorial 2urisdiction.
1otarial acknowledgment
attaches full faith and credit to
document and vests upon it
presumption of regularity. &Sales vs.
CA, "11 SCRA 5, '5,
'#s o! Re&isterin& Tit(e
1. udicial
filing of petition with the regular
courts
issuance of a decree by #A
issuance of =riginal -ertificate of
Title &=-T, by egister of )eeds
!. Ad"inistrative
filing of application at -/1=;
(/1=
forwarded to the eg. )irector
and;or )/1 for the issuance of
patent and egister of )eeds for
issuance of =-T
Re&istr)(e Lnds:
1. Alienable public agricultural lands
2. (rivate lands
Non*re&istr)(e (nds:
Those found in -ivil -ode provisions
dealing with non4registrable
properties &e.g. property of public
dominion,
#$ecific %inds of non&registrable
$ro$erties or lands:
a. Corest or timberland, public
forest, D forest reserve
b. %angrove swamps
c. %ineral lands
d. Coreshore land D seashore
NOTE: Coreshore land is the strip of
land that lies between the high and
low water marks and is alternatively
wet and dry according to the flow of
the tide. "t is part of the public domain
and not susceptible of disposition
e.cept by lease &Roble vs. A)base,
e. 1avigable rivers, streams D
creeks
f. #akes
g. %ilitary eservations
h. Aatershed
i. 0raBing lands
2. (reviously titled land
k. Alluvial deposit along river when
man4made
SYSTEMS OF REGISTRATION
+, ORIGINAL REGISTRATION UNDER
PD NO, +-./
NATURE: proceeding brought before
the egional Trial -ourt & as a land
registration court, to determine title or
ownership of land on the basis of an
application for registration or answer
by a claimant in a cadastral
registration.
0inds o! Ori&in( Re&istrtion
1. ?oluntary 7 by filing with the proper
court
a, !nder (.). 1o. 1*2+ &(roperty
egistration )ecree,
b, !nder $ec. 6< of -A 1o. 161,
(ublic #and Act
2. "nvoluntary 7 cadastral proceedings
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
244 2005 CENTRALIZED BAR OPERATIONS

compulsory registration initiated
by the government, to ad2udicate
ownership of land
involuntary on the part of the
claimants but they are compelled
to substantiate their claim or
interest through an answer
A, REQUISITES 1STEPS2 IN
ORDINARY LAND REGISTRATION
PROCEEDINGS 1P,D, +-./2: &$C$4T(4
$CE4("/$T,
The following requisites must also be
complied with in the confirmation of
imperfect or incomplete title under
$ection 6< &b, of the (ublic #and Act
1. S urvey of the land by the :ureau of
#ands or a duly licensed private
surveyor3
NOTES:
must be drawn in a tracing cloth
plan
approved =1#F by the )irector
of #and %anagement (au&+o)i&0
o- LRA &o app)ove suc+ plan 1as
1i&+$)a1n b0 P.%. "39 $a&e$ 2ul0
9, 193)
2. F iling of Application for egistration
by the applicant3
NOTES:
always at the T- of the
province, city or municipality
where property is situated.
it is then indorsed to the %T- if
there is no controversy over the
land or its value is less than
(1@@,@@@
in cases of delegated 2urisdiction
to the %T-, appeal is direct to the
-ourt of Appeals
:ureau of #and must always be
furnished with a copy of the
petition and all pertinent
documents
"f land is situated between
boundaries of two provinces,
application must be filed9
a, boundaries are not defined 7 in
the T- of the place where it is
declared for ta.ation purposes3
b, boundaries are defined 7
separate plan for each portion
must be made by surveyor and a
separate application for each lot
must be filed with appropriate
T-.
'. S etting of date for initial hearing by
the court3
6. T ransmittal of Application and date of
initial hearing together with all
documents or other evidences
attached thereto by the -lerk of -ourt
to the #and egistration Authority3
*. P ublication of 1otice of Ciling of
Application and date and place of
hearing once in the =fficial 0aBette
and once in a newspaper of general
circulation in the (hilippines3
NOTES:
it is at this point that the court
acquires 2urisdiction over the
sub2ect matter
this is done by the Administrator
who acts as the clerk of court
8. S ervice of 1otice upon contiguous
owners, occupants and those known
to have interest in the property by the
sheriff3
5. F iling of Answer or =pposition to
Application by any person whether
named in the notice or not3
<. 3 earing of the case by the court3
NOTES:
epublication or amendment of
technical description of land is
necessary when there is
substantial increase of the area of
the land. "f increase is merely
minimal, no republication is
needed. &(enin vs. Tuason, 5!
SCRA 531,
+. P romulgation of 2udgment by the
court3
1@. Issuance of decree or order by the
court declaring the decision final and
instructing the #and egistration
Authority to issue a )ecree of
-onfirmation and egistration3
NOTES:
it is not the court :!T the #A
which issues the decree of
confirmation and registration
1 year after issuance of decree, it
becomes incontrovertible and
amendments of the same will not
be allowed e.cept merely in case
of clerical errors.
)ecree of registration may be
reviewed on the ground of fraud
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
245
MEMOR( AID IN CIVIL LA3
and must be filed within 1 year
from entry of the decree.
11. E ntry of )ecree in the #and
egistration Authority3
NOTE: This serves as the reckoning
date to determine the 14year period
from which one can impugn the
validity of the registration.
12. S ending of copy of )ecree to the
corresponding egister of )eeds3
and
1'. T ranscription of )ecree in the
registration book and issuance of
=wners )uplicate =riginal -ertificate
of Title of the applicant by the
egister of )eeds upon payment of
the prescribed fees.
4, Persons '"o M# App(# !or
Re&istrtion: &$ec. 16, () 1o. 1*2+,
1. Those who, by themselves or through
their predecessors4in4interest, have
been in open, continuous, e.clusive
and notorious possession and
occupation of alienable and
disposable lands of the public domain
under a bona fide claim of ownership
since >une 12, 1+6*, or earlier3
2. Those who have acquired ownership
of private lands by prescription under
the provisions of e.isting laws3
'. Those who have acquired ownership
of private lands or abandoned river
beds by right of accession or
accretion3 and
6. Those who have acquired ownership
of land in any other manner provided
for by law.
NOTES:
All these persons must be
natural4born Cilipino -itiBens.
Eowever, by way of e.ception,
2uridical persons may apply for
registration of leased agricultural
and disposable lands not
e.ceeding 1,@@@ hectares in area
for a period of 2* years and
renewable for not more than 2*
years. &$ec. ', -hapter G"", 1+<5
-onstitution,
1otwithstanding the prohibition in
the 1+5' and 1+<5 -onstitutions
against private corporations
holding lands of the public
domain e.cept by lease, still a
private corporation may institute
confirmation proceedings under
$ection 6<&b, of (ublic #and Act
if, at the time of institution of the
registration proceedings, the land
was already private land. &%i). o-
Lan$s vs. .AC an$ ACME
Pl01oo$, 1/' SCRA 539,
C, Persons %"o $nnot !i(e n
pp(i$tion !or re&istrtion
1. A public land sales applicant insofar
as the land covered by his sales
application is concerned. eason9 he
acknowledged that he is not the
owner of the land and that the same
is public land. HPala1an A,)icul&u)al
an$ .n$us&)ial Co., .nc. vs. %i). o-
Lan$s, // SCRA 15 (19!",I
2. A mortgagee or his successor in
interest to the mortgage,
notwithstanding the lapse of the
period for the mortgagor to pay the
loan secured to redeem it. eason9
such act would amount to a pactum
commissorium which is against good
morals and public policy. HRe0es vs.
Sie))a, 93 SCRA /!", /3 (19!9,I
'. An antichretic creditor cannot also
acquire by prescription the land
surrendered to him by the debtor.
eason9 Eis possession is not in the
concept of owner. HRa#i)e4 vs. CA,
1// SCRA "9", 331 (199')I
6. A person or entity whose claim of
ownership to land had been
previously denied in a reivindicatory
action. H5i$pales vs. (a,uio Minin,
Co., 1/ SCRA 913, 91', 91 (19'5)I
D, Amendments to pp(i$tion t"t
re5uire pu)(i$tion
RULES:
The court may order, at any time, an
application to be amended by striking
out one or more of the parcels of land
applied for or by a severance of the
publication &$ec. 1< (.). 1*2+,
Amendments to the application
including 2oinder, substitution, or
discontinuance as to the parties may
be allowed by the court at any stage
of the proceedings upon 2ust and
equitable terms. "n such cases,
publication is not necessary.
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
246 2005 CENTRALIZED BAR OPERATIONS

(ublication and notice are necessary
where the amendment to the
application consists in9
a. substantial change in the
boundaries
b. an increase in the area of the
land applied for
c. the inclusion of additional land
NOTE:
purpose of the new publication is
to give notice to all persons
concerned regarding the
amended application. Aithout a
new publication, the registration
court cannot acquire 2urisdiction
over the area covered by the
original application, and the
decision of the registration court
would be a nullity insofar as the
decision concerns the newly
included land. &(enin vs. Tuason,
5! SCRA 531,
an amendment due to change of
name of the applicant does not
require republication H%i). o-
Lan$s vs. .AC, "19 SCRA 399,
3/5 (1993)I

., SU4SEQUENT REGISTRATION
Ahere incidental matters after
original registration may be brought
before the land registration court by
way of motion or petition filed by the
registered owner or a party in
interest.
ules as to the necessity and effects
of registration in general
a. /.cept a will that purports to
convey or affect a registered
land, the mere e.ecution of
deeds of sale, mortgages, leases
or other voluntary documents
serves only 2 purposes9 &1, as a
contract between the parties
thereto and &2, as evidence of
authority to the ) to register
such documents
b. "t is only the act of registering the
instrument in the egister of
)eeds of the province of city
where the land lies which is the
operative act that conveys
ownership or affects the land
insofar as third persons are
concerned.
c. The act of registration creates a
constructive notice to the whole
world of such voluntary or
involuntary instrument or court
writ or process.
S$ope o! Su)se5uent de(in&s %it"
re&istered (nd
6o(untr#
De(in&s
In7o(untr#
De(in&s
1.
Con$ept
efer to
deeds,
instruments
or
documents
which are
results of
the free and
voluntary
acts of the
parties
thereto
efer to such
writ order or
process
issued by a
court of
record
affecting
registered
land which by
law should be
registered to
be effective,
and also to
such
instruments
which are not
the willful acts
of the
registered
owner and
which may
have been
e.ecuted
even without
his knowledge
or against his
consent.
2. 0inds 4 sale
4 real
proper4 ty
mortgage
4 lease
4 pacto de
retro sale
4e.tra4
2udicial
settlement
4 free patent;
homestead
4 powers of
attorney
4 trusts
4 attachment
4 mandamus
4 sale on
e.ecution of
2udgement or
sales for
ta.es
4 adverse
claims
4 notice of lis
pendens
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
250
MEMOR( AID IN CIVIL LA3
'. E!!e$ts
o!
re&istrtio
n
An innocent
purchaser
for value of
registered
land
becomes
the
registered
owner the
moment he
presents
and files a
duly
notariBed
and valid
deed of sale
and the
same is
entered in
the day
book and at
the same
time he
surrenders
or presents
the owners
duplicate
certificate of
title covering
the land
sold.
/ntry thereof
in the day
book of the
egister of
)eeds is
sufficient
notice to all
persons even
if the owners
duplicate
certificate of
title is not
presented to
the egister
of )eeds.
Ru(es nd Do$trines:
1. Voluntary Dealings
"n voluntary sale of land, the
registration of the instrument is
the operative act that transmits or
transfers title.
Ahere there is nothing on the
certificate of title to indicate any
cloud or vice in the ownership of
the property, or any encumbrance
thereon, the purchaser is not
required to e.plore further than
what the Torrens title upon its
face indicates in quest for any
hidden defect or inchoate right
that may subsequently defeat his
right thereto. &6ule vs. Le,a)e.
*R 7o. 1!951,
The e.ception to the above rule is
embodied in the case of )ela
%erced vs. 0$"$ &'8* $-A 1,
where the court ruled that Jwhen
the purchaser or mortgagee is a
financing institution, the general
rule that a purchaser or
mortgagee of the land is not
required to look further than what
appears on the face of the title
does not apply.
/very person dealing with
registered land may safely rely on
the correctness of the certificate
of title issued therefore and the
law will in no way oblige him to go
behind the certificate to
determine the condition of the
property. /ven if a decree in a
registration proceeding is infected
with nullity, still, an innocent
purchaser for value relying on a
Torrens title issued in pursuance
thereof is protected &C)u4 vs. CA
8 Su4a)a, "1 SCRA /91,
Although generally a forged or
fraudulent deed is a nullity and
conveys no title, however, there
are instances when such a
fraudulent document may
become the root of a valid title.
=ne such instance is where the
certificate of title was already
transferred from the name of the
true owner to the forger, and
while it remained that way, the
land was subsequently sold to an
innocent purchaser. &6ule vs
Le,a)e,
"n the case of To#as vs. To#as
(*R 7o. L93'9!) the $upreme
-ourt ruled that above rule
cannot be applied where the
owner still holds a valid and
e.isting certificate of title covering
the same property because the
law protects the lawful holder of a
registered title over the transfer of
a vendor, bereft of any
transmissible right
Aell settled is the rule that all
persons dealing with property
covered by Torrens certificate of
title are not required to go beyond
what appears on the face of the
title. Ahen there is nothing on the
-=T indicating any cloud or vice
in the ownership of the property,
or any encumbrance thereon, the
purchaser is not required to
e.plore further than what the
Torrens Title upon its face
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
257 2005 CENTRALIZED BAR OPERATIONS

indicates in quest for any hidden
defect or inchoate right that may
subsequently defeat his right
thereto. HCen&eno vs CA, 139
SCRA 5/5, 555 (195,I
/.ceptions for applicability9
1, purchaser in bad faith HE,ao
vs. CA, 1!/ SCRA //, /9"
(199,I3
2, sufficiently strong indications to
impel closer inquiry into the
location, boundaries and
condition of the lot. &6)ancisco vs.
CA 153 SCRA 333, 33', 33!,3
', where a person buys land not
from the registered owner but
from one whose right to the land
has been merely annotated on
the -=T. &:uiniano vs. CA 39
SCRA ""1,3
6, purchaser of land the
certificate of title contains a notice
of lis pendens3
*, purchaser with full knowledge
of flaws and defects in the title.
&(e)nales vs. .AC 1'' SCRA
519, 5"/; Lu vs. Manipon, 31
SCRA !,
!. 'nvoluntary Dealings
"nvoluntary dealings affecting
registered land which must be
registered9
a. attachments
b. sale on e.ecution or for ta.es or for
any assessment
c. adverse claim
d. notice of lis pendens
-laim or interest is adverse when9
a. claimants right or interest in
registered land is adverse to the
registered owner3
b. such right arose subsequent to
date of original registration3
c. no other provision is made in the
)ecree for the registration of such
right or claim
&$ec. 5@, 1
st
par., (.). 1*2+,
Cormal requisites of an adverse claim
for purposes of registration9
a, adverse claimant must state the
following in writing9
1, his alleged right or interest
2, how and under whom such
alleged right or interest is
acquired
', the description of the land in
which the right or interest is
claimed
6, the certificate of title number
b, such statement must be signed
and sworn to before a notary
public
c, claimant shall state his residence
or place to which all notices may
be served upon him
an adverse claim is a notice to third
persons that someone is claiming an
interest on the property or has a
better right than the registered owner
thereof, and that any transaction
regarding the disputed land is sub2ect
to the outcome of the dispute
&Sa<onas vs CA, =*R 7o. 13"3!!,
2ul0 5, 199',
notice of lis pendens is intended to
constructively advise, or warn all
people who deal with the property
that they so deal with it at their own
risk, and whatever rights they may
acquire in the property in any
voluntary transaction are sub2ect to
the results of the action, and may well
be inferior and subordinate to those
which may be finally determined and
laid down therein. &>ei)s o- Ma)ia
Ma)asi,an vs .AC. 15" SCRA "53,.
Noti$e o! (is pendens is proper in t"e
!o((o%in& $ses:
1. to recover possession of real estate
2. to quiet title thereto
'. to remove clouds upon the title
thereof
6. for partition, and
*. any other proceeding of any kind in
court directly affecting the title to the
land or the use of occupation thereof
or the building thereon.
'"en noti$e o! (is pendens
inpp(i$)(e: &(A(A#,
1. proceedings for the recovery of
money 2udgments
2. ttachments
'. proceedings on the probate of wills
6. dministration of the estate of
deceased persons
*. (evies on e.ecution
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
252
MEMOR( AID IN CIVIL LA3
8. Coreclosure
NOTE: notice of lis pendens may be
cancelled in the following cases before
final 2udgment upon order of the court9
1. when it is shown that the notice is for
the purpose of molesting the adverse
party
2. when it is shown that it is not
necessary to protect the right of the
party who caused the registration
thereof
'. where the evidence so far presented
by the plaintiff does not bear out the
main allegations of the complaint
6. where the continuances of the trial
are unnecessarily delaying the
determination of the case to the
pre2udice of the defendant
*. upon verified petition of the party who
caused the registration thereof
8. it is deemed cancelled after final
2udgment in favor of defendant, or
other disposition of the action such as
to terminate all rights of the plaintiff to
property involved.
8UDICIAL CONFIRMATION OF
IMPERFECT OR INCOMPLETE TITLE
App(i$nts:
1. Cilipino citiBens who by
themselves or through their
predecessors4in4interest have
been in open, continuous,
e.clusive and notorious
possession and occupation of
alienable and disposable lands of
public domain under a bona fide
claim of acquisition since >une
12, 1+6* or prior thereto or since
time immemorial &-A 1o. 161,
$ection 6<, as amended by ()
1o. 1@5', $ec. 6,.
2. Cilipino citiBens who by
themselves or their
predecessors4in4interest have
been, prior to the effectivity of ()
1@5' on >anuary 2*, 1+55, in
open, continuous, e.clusive and
notorious possession and
occupation of agricultural lands of
the public domain, under a bona
fide claim of acquisition of
ownership, for at least '@ years,
or at least since >anuary 26, 1+65
&A 1o. 1+62,.
'. (rivate corporations or
associations which had acquired
lands from Cilipino citiBens who
had possessed the same in the
manner and for the length of time
indicated in paragraphs 1 and 2
above
6. 1atural4born citiBens of the
(hilippines who have lost their
citiBenship and who has the legal
capacity to enter into a contract
under (hilippine laws may be a
transferee of private land up to a
ma.imum area of *,@@@ sq,m, in
case of urban land or ' hectares
in case of rural land to be used by
him for business or other
purposes. &$ection *, A 1o.
<15+,
NOTE: Ahen the conditions set by law
are complied with, the possessor of the
land, by operation of law, acquires a right
to a grant, a government grant, without
the necessity of a certificate of the title
being issued. The law, as presently
phrased, requires that possession of
lands of the public domain must be from
>une 12, 1+6* or earlier, for the same to
be acquired through 2udicial confirmation
of imperfect title. &Republic vs %ol$ol.
"95 SCRA 359,
App(i$nt Must Pro7e:
1. That the land is alienable and
disposable land of public domain3 and
2. That they have been in open,
continuous, e.clusive, and notorious
possession and occupation of the
land for the length of time and in the
manner and concept provided by law.
E9tended period !or !i(in& o!
pp(i$tion: $ection 1, A 1o. +158
provides in part that JThe time to be
fi.ed in the entire archipelago for the
filing of applications under this
chapter shall not e.tend beyond 31
%ece#be) "3"3. (rovided that the
area applied for does not e.ceed
twelve &12, hectares.K
$ection ' of A 1o. 51+8 provides
that JAll pending applications filed
before the effectivity of this
amendatory act shall be treated as
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
258 2005 CENTRALIZED BAR OPERATIONS

having been filed in accordance with
the provisions of this Act.K

Fi(in& o! App(i$tion 1E9tent o!
8urisdi$tion2
*E7ERAL R?LE@ Application for land
registration shall be filed with the T- of
the province or city where the land is
situated.
DOCTRINES:
() 1o. 1*2+ has eliminated the
distinction between the general
2urisdiction vested in the T- and the
limited 2urisdiction conferred upon it
by the former law when acting merely
as land registration court. Aimed at
avoiding multiplicity of suits, the
change has simplified registration
proceedings by conferring upon the
regional trial courts the authority to
act not only on original applications
but also those filed after original
registration, with power to hear and
determine all questions arising upon
such applications or petitions. &Ave)ia
vs. Ca,uioa. 1/' SCRA /59 ; .,nacio
vs CA "/' SCRA "/",
The issues raised before the T-
sitting as a land registration or
cadastral court involved substantial or
controversial matters and,
consequently, beyond said courts
2urisdiction. The issues may be
resolved only by a court of general
2urisdiction. Thus, petitions under
$ecs. 5* and 1@< of () 1*2+ can be
taken cogniBance of by the T-
sitting as a land registration or
cadastral court but relief under said
sections can only be granted if there
is unanimity among the parties, or
that there is no adverse claim or
serious ob2ection on the part of any
party in interest3 otherwise, the case
becomes controversial and should be
threshed out in an ordinary case or in
the case where the incident properly
belongs. &Ta,a0&a09Taal vs. CA. "!3
SCRA 1",
EXCEPT.A7@ )elegated >urisdiction
of the %T- to hear and determine
cadastral or land registration cases
covering lots where there is no
controversy or opposition, or contested
lots, the value of which does not e.ceed
(1@@,@@@.@@
Pu)(i$tion: Mi(in&: nd Postin&
Re5uirements: &(%(,
4 compliance is mandatory and
2urisdictional HRepublic vs. Ma)asi,an,
19 SCRA "19 (1991,I
+, Pu)(i$tion o! noti$e o! initi(
"erin&
=fficial 0aBette and newspaper of
general circulation &$ec. 2', (.).
1*2+,
(urposes9
a. To confer 2urisdiction over the
land applied for upon the court
b. To charge the whole world with
knowledge of the application of
the land involved
NOTE: "f it is later shown that the decree
of registration had included land or lands
not included in the original application as
published, then the registration
proceedings and the decree of
registration must be declared null and
void insofar 7 )ut on(# inso!r4 as the
land not included in the publication is
concerned. This is so because the court
did not acquire 2urisdiction over the land
not included in the publication4 the
publication being the basis of the
2urisdiction of the court. &(enin vs.
Tuason. 5! SCRA 531,
"f difference is not so substantial as it
would not affect the identity of the
land, republication is not necessary.
"f the amendment of the survey plan
during the registration proceedings
does not involve an addition, but on
the contrary, a reduction of the
original area that was published, no
new publication is required. HRepublic
vs. CA, !1 SCRA ''5 (199',I
(ublication alone in newspaper of
general circulation would not suffice
to confer 2urisdiction to T-. "t must
be published in the =fficial 0aBette in
order that 2urisdiction to court be
conferred.
., Mi(in&
%ailing of the 1otice of Eearing
Administrator of #and egistration
Authority shall cause a copy of the
notice of initial hearing of the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
254
MEMOR( AID IN CIVIL LA3
application to be mailed to the
following9
a, /very person named in the notice
whose address is known
b, $ecretary of )(AE, (rovincial
0overnor, and %ayor of the
municipality or city, as the case
may be, in which the land lies, if
applicant requests to have the
line of a public way or road
determined
c, $ecretary of )A, $olicitor
0eneral, )irector of #and
%anagement, )irector of %ines
and;or )irector of Cisheries and
Aquatic esources, as the case
may be, if the land borders on a
river, navigable stream or shore,
or on an arm of the sea where a
river or harbor line has been
established, or on a lake, or if it
otherwise appears from the
application that a tenant4farmer or
the national government may
have a claim adverse to the
applicant.
$2 Postin&
(osting of the copy of the 1otice of
Eearing is a duty of the $heriff which
must be made at least 16 days before
date of initial hearing, in conspicuous
places.
NOTE: -ertification of the Administrator
of #A and of the $heriff concerned to
the effect that the notice of initial hearing,
as required by law, has been complied
with shall be filed in the case before the
date of initial hearing, and shall be
conclusive proof of such fact &$ecion 26,
(.). 1*2+,.
NOTE: $ervice of 1otice upon contiguous
owners9
indispensable
lack of service constitutes
Je.trinsic fraudK
Ans%er or Opposition
oppositor to an application need not
be named in the notice of initial
hearing.
adverse claimants must set forth in
their answer all their ob2ections to the
application and must claim an interest
to the property applied for, based on
a right of dominion or some other real
right independent of, and not at all
subordinate, to the rights of the
government.

T"e !o((o%in& m# )e proper
oppositors:
1. a homesteader who have not yet
been issued his title but who had
fulfilled all the conditions required by
law to entitle him to a patent3
2. a purchaser of friar land before the
issuance of the patent to him3 and
'. persons who claim to be in
possession of a tract of public land
and have applied with the :ureau of
#ands for its purchase.
E7iden$e
T"e pp(i$nt must pro7e:
1. that the land applied for has been
declassified from the forest or timber
Bone and is a public agricultural land,
is alienable and disposable, or
otherwise capable of registration.
NOTE: $pecific evidence
a, (residential proclamation
b, /.ecutive =rder
c, Administrative =rder issued by
the $ecretary of )/1
d, :ureau of Corest )evelopment
#and -lassification %ap
e, -ertification by )irector of
Corestry
f, "nvestigation reports of :ureau of
#ands investigator
g, #egislative act or by statute
2. The identity of the land
NOTE: (roof of "dentity of land
a, $urvey plan in general
b, Tracing cloth plan and blue print
copies of plan
c, Technical description of the land
d, Ta. declarations
e, :oundaries and area
'. (ossession and occupation of the
land for the length of time and in the
manner required by law
E!!e$t o! Possession
(eneral Rule: =pen, e.clusive and
undisputed possession of alienable public
land for the period prescribed by law
creates the legal fiction whereby the land,
upon completion of the requisite period
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
255 2005 CENTRALIZED BAR OPERATIONS

ipso <u)e and without need of 2udicial or
other sanctions, ceases to be public land
and becomes private property.
The present possessor
may complete the period necessary
for prescription by tacking his
possession to that of his grantor or
predecessor4in4interest &Article 11'<,
-ivil -ode,
Tacking of possession is
allowed only when there is privity of
contract or relationship between the
previous and present possessors
HSou&+ Ci&0 >o#es, .nc. vs. Republic,
15 SCRA !33 (1993,I
Insu!!i$ient proo!s o! possession:
a, mere casual cultivation of portions of
the land by claimant. eason9
possession is not e.clusive and
notorious so as to give rise to a
presumptive grant from the $tate
&Republic vs. Be)a, 1"3 SCRA "13;
%i)ec&o) o- Lan$s vs. Re0es '
SCRA 1!!)
b, ta. declaration of land sought to be
registered which is not in the name of
applicant but in the name of
deceased parents of an oppositor.
eason9 possession of applicant is
not completely adverse or open, nor it
is truly in the concept of an owner.
(Sun,a vs. %e *u4#an, 93 SCRA
'1)3
c, holding of property by mere tolerance
of the owner. eason9 holder is not in
the concept of owner and possessory
acts no matter how long do not start
the running of the period of
prescription. &A)$oCe4 vs. CA, 1
SCRA 139,3
d, where applicants tacked their
possession to that of their
predecessor4in4interest but they did
not present him as witness or when
no proofs of what acts of ownership
and cultivation were performed by the
predecessor &%i). o- Lan$s vs. %a&u,
115 SCRA "5)
e, mere failure of Ciscal representing the
$tate to cross4e.amine the applicant
on the claimed possession HRepublic
vs. Lee, 19! SCRA 13"3 (1991,I3
f, possession of other persons in the
land applied for impugns the e.cusive
quality of the applicants possession
&%i). o- Lan$s vs. CA an$ Sala4a),
133 SCRA !31)
NOTE: (roof of private ownership
a. Spanis+ &i&le, i#pen$in, cases
NOTE: Although $panish titles are
now inadmissible and ineffective as
proof of ownership in land registration
proceedings filed after Aug. 18, 1+58,
so that all lands granted under the
$panish mortgage law system of
registration which are not yet covered
by a certificate of title issued under
the Torrens system are deemed as
unregistered land, there are still
cases in court which particularly
involve possessory information titles
b. TaD $ecla)a&ions an$ &aD pa0#en&s
NOTES:
Ahile ta. declarations
and real estate ta. receipts are not
conclusive evidence of ownership, if
presented as documentary evidence
coupled with proof of actual
possession for the period required by
law of the land, they are evidences of
ownership. &>ei)s o- Manin,$in, vs
CA "!' SCRA,. %oreover, even if
belatedly declared for ta.ation
purposes, it does not negate
possession especially if there is no
other claimant of the land &RP vs CA
an$ %ivina-lo) 3/9 SCRA,
Ahere the ta.es for '1 years, 1+68
to 1+58, were paid only in 1+58, a
few months prior to filing of the
application, such payment does not
constitute sufficient proof that
applicant has bona -i$e claim of
ownership during those years prior to
filing of the application HRepublic vs.
CA, 131 SCRA 1/3 (19/,I
%ere failure of the owner
of the land to pay the realty ta.
thereon does not warrant a
conclusion that there was
abandonment of his right to the
property &Re0es vs. Sie))a, 93 SCRA
/!",
c. P)esi$en&ial issuances an$
Le,isla&ive ac&s
NOTES:
constitutive of a Jfee
simpleK title or absolute title in favor of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
252
MEMOR( AID IN CIVIL LA3
the grantee &Republic )ep. b0
Min$anao Me$ical Cen&e) vs. CA, !3
SCRA 1/',
a law or statute which
ceded or transferred in full ownership
a reserve area in favor of a govt.
institution thereby effectively
transferred ownership to transferee.
H.n&El >a)$1oo$ an$ Benee) Co. o-
&+e P+ils. vs. ?.P., "33 SCRA 55/
(1991,I
$. A&+e) Fin$ o- p)oo-
1. Testimonial evidence &i.e.
accretion is on a land ad2acent to a
river. Any evidence that accretion
was formed through human
intervention negates the claim
H(inala0 vs. Manalo, 195 SCRA 3!/
(1991,I3
2.)eeds of sale3
Proo!s insu!!i$ient to est)(is" pri7te
ri&"t or o%ners"ip:
a, compromise agreement among
parties to a land registration case
where they have rights and interest
over the land and allocated portions
thereof to each of them3
NOTE: assent of )ir. =f #ands
and )ir. of Corest %anagement to
compromise agreement did not and
could not supply the absence of
evidence of title required of the
applicant HRepublic vs. Sa0o, 191
SCRA !1 (1993,I
b, decision in an estate proceeding of a
predecessor4in4interest of an
applicant which involves a property
over which the decedent has no
transmissible right, and in other cases
where issue of ownership was not
definitely passed upon &%i). o- Lan$s
vs. .AC, 195 SCRA 3,3
c, survey plan of an inalienable land.
NOTE: $uch plan does not
convert such land into alienable land,
much less private property HRepublic
vs. CA, 15/ SCRA /!' (19!,I
3EARING: 8UDGMENT: AND POST
8UDGMENT INCIDENTS IN ORDINARY
LAND REGISTRATION
A, 3erin&
The court may9
1. hear the parties and their evidence3
or
NOTE: "n the e.ercise of delegated
2urisdiction, the %T- can no longer
appoint commissioners
2. refer the case or any part thereof to a
referee or commissioner.
NOTE: Ahile referee can receive
evidence and ob2ections, it has no
power to rule on the case. "ts main
duty is to receive evidence and
submit its findings and
recommendations to the court.
NOTE: )uni"ents of title:
instruments or written evidences
which applicant holds or possesses to
enable him to substantiate and prove
title to his estate.
4, 8ud&ment
. duties o! t"e $ourt:
1. ender 2udgment, declare the same
final, and cause the decisions entry3
and
2. =rder the #A to issue decree of
registration.
Do$trines
=nly claimed property or a portion
thereof can be ad2udicated. "f the
applicant asserts ownership to and
submits evidence only for a portion of
a lot, the inclusion of the portion not
claimed by the applicant is void and
of no effect for a land registration
court has no 2urisdiction to decree a
lot to a person who put no claim to it
and who never asserted any right of
ownership over it &Al#a)4a vs
A),uelles 15' SCRA !1,.
A land registration court has no
2urisdiction to ad2udge a land to a
person who has never asserted any
right of ownership thereof &Ca)a,a09
La0no vs. CA, 133 SCRA !1,
The court may reverse its decision
even after the #A has already
issued the decree of registration
&*o#e4 vs CA 1' SCRA 533,.
NOTE: The 2udgment becomes final upon
the lapse of 1* days counted from receipt
of notice of the 2udgment. Eowever,
notwithstanding the lapse of the 1*4day
period from receipt of 2udgment by the
parties, the court continues to retain
control over the case until the e.piration
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
254 2005 CENTRALIZED BAR OPERATIONS

of 1 year after the entry of decree of
registration by the #A.
C, Post*8ud&ment In$idents
a. *rit of $ossession
*E7ERAL R?LE@ The 2udgment
ad2udicating ownership to the successful
applicant impliedly carries with it the
delivery of possession if he is deprived,
since the right of possession is inherent in
that of ownership
EXCEPT.A7S@
1. A writ of possession does not lie in a
land registration case against a
person who entered the property after
issuance of the final decree and who
had not been a party in the case
2. A writ of possession cannot be issued
in a petition for reconstitution of
allegedly lost or destroyed certificate
of title.
b. *rit of de"olition
4 a complement of the writ of possession,
without which the latter would be
ineffective &Luce)o vs. Loo& "5 SCRA
'!,
DECREE OF REGISTRATION
This is the decree issued by the #A
pursuant to the order of the court. As
such, the decree has been
considered as the Lcondensed form
of the courts 2udgment.
The decree of registration binds the
land, quiets title thereto, sub2ect only
to such e.ceptions or liens as may be
provided by law. "t is conclusive upon
all persons including the national
government and all branches thereof,
whether mentioned by name in the
application or notice, the same being
included in the general description
JTo All Ahom "t %ay -oncern.K And
such conclusiveness does not cease
to e.ist when the title is transferred to
a successor. &Mel,a) vs. Pa,a0on.
"1 SCRA /1,
The duty of the land registration
officials to issue the decree of
registration is ministerial in the sense
that they act under the orders of the
court and the decree must be in
conformity with the court 2udgment
and with the data found in the record.
Eowever, if they are in doubt upon
any point in relation to the preparation
and issuance of the decree, they are
duty bound to refer the matter to the
court. They act in this respect, as
officials of the court. The
administrator is thus not legally
obligated to issue the decree where,
upon his verification, he finds that
sub2ect land has already been
decreed and titled in anothers name.
&Ra#os vs. Ro$)i,ue4, "// SCRA
/1)
Contents: 1Se$, ;+ P,D, +-./2
a. )ate, hour and minute of its entry
b. "t shall state whether the owner is
married or unmarried, and if married,
the name of spouse9 provided that if
the land is con2ugal property, the
decree shall be issued in the name of
both spouses
c. "f the owner is under disability, the
nature of such disability, and if a
minor, his age
d. )escription of the land and shall set
forth the estate of the owner, and
also, in such manner as to show their
relative priorities, all particular
estates, mortgages, easements,
liens, attachments, and other
encumbrances
e. =ther matters to be determined in
pursuance of law
CERTIFICATE OF TITLE
This is the true copy of the decree of
registration or the transcription
thereof and like the decree shall also
be signed by #A Administrator &$ec.
'+, () 1o. 1*2+,
"t takes effect upon the date of entry
thereof, and the land covered thereby
becomes registered land on that date
egistration does not vest title. "t is
merely evidence of such title over a
particular property. And a Torrens
certificate is the best evidence of
ownership over registered land.
&Billanueva vs. CA, 19 SCRA /!";
C+ave4 vs. PEA 8 A#a)i Coas& (a0
%evE&. Co)p., 3/ SCRA 153,
Eowever, simple possession of a
certificate of title does not necessarily
make the holder thereof a true owner
of all the property described therein,
such as when title includes by
mistake or oversight, land which can
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
255
MEMOR( AID IN CIVIL LA3
no longer be registered under the
Torrens system, as when the same
land has already been registered and
an earlier certificate for the same land
is in e.istence. &Ca)a,a09La0no vs.
CA, 133 SCRA !1,
"n determining whether a property
belongs to the con2ugal partnership or
paraphernal property of one of the
spouses, it is important to note in
whose name or names the title is
registered. This is so because the
certificate of the title does not
establish the time of the acquisition of
the property. "t only confirms a pre
e.isting title. &Ponce $e Leon vs
Re+abili&a&ion 6inance Co)p., 3'
SCRA "9,
Attri)utes nd Limittions on
$erti!i$tes o! tit(e nd re&istered
(nds:
1. Free fro" liens and encu"brances
-laims and liens of whatever
character e.isting against the land
prior to the issuance of the certificate
of title are cut off by such certificate
and the certificate so issued binds the
whole world, including the
government.
EXCEPT.A7S@
a. Those noted on the certificate
b. #iens claims or rights arising or
e.isting under the laws and the
-onstitution, which are not by law
required to appear of record in
the egister of )eeds in order to
be valid
c. !npaid real estate ta.es levied
and assessed within 2 years
immediately preceding the
acquisition of the right over the
land by an innocent purchaser for
value
d. Any public highway, or private
way established or recogniBed by
law, or any government irrigation
canal or lateral thereof, if the
certificate of title does not state
the boundaries of such highway
or irrigation canal or lateral
thereof have been determined
e. Any disposition of the property or
limitation on the use thereof
pursuant to (.). 25 or any other
law or regulations on agrarian
reform.
!. 'ncontrovertible and indefeasible
*E7ERAL R?LE@ !pon e.piration of 1
year from and after the entry of the
decree of registration in the #A, the
decree and the corresponding certificate
of title becomes incontrovertible and
indefeasible.
EXCEPT.A7S@
a. "f previous valid title of the same
land e.ists
b. Ahen land covered is not
capable of registration
c. Ahen acquisition of certificate is
attended by fraud
+. Registered land not sub,ect to
$rescri$tion
Thus, even adverse, notorious and
continuous possession under claim of
ownership for the period fi.ed by law
is ineffective against a Torrens title.
&>% Tuason and -o. "nc. vs. -A, +'
$-A 168,
The fact that title to land was lost
does not mean that the land ceased
to be registered land before the
reconstitution of its title. "t cannot
perforce be acquired by prescription.
&ivera vs. -A, 266 $-A 21<,
+. -ertificate of title not sub,ect to
collateral attac%
$ec 6<. (.). 1*2+ JA certificate of
title shall not be sub2ect to collateral
attack. "t cannot be altered, modified, or
cancelled e.cept in a direct proceeding in
accordance with law.
Gener( In$idents o! Re&istered Lnd
egistered land or the owners thereof
are not relieved from the following9
a. Crom any rights incident to the
relation of husband and wife,
landlord and tenant
b. Crom liability to attachment or
levy on e.ecution
c. Crom liability to any lien of any
description established by law on
the land and buildings thereon, or
in the interest of the owner in
such land or building
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
256 2005 CENTRALIZED BAR OPERATIONS

d. Crom any right or liability that may
arise due to change of the law of
descent
e. Crom the rights of partition
between co4owners
f. Crom the right of government to
take the land by eminent domain
g. Crom liability to be recovered by
an assignee in insolvency or
trustee or bankruptcy under the
laws relative to preferences
h. Crom any other rights or liabilities
created by law and applicable to
unregistered land
CADASTRAL REGISTRATION
a proceeding in )e#, initiated by the
filing of a petition for registration by
the government, not by the persons
claiming ownership of the land
sub2ect thereof, and the latter are, on
the pain of losing their claim thereto,
in effect compelled to go to court to
make known their claim or interest
therein, and to substantiate such
claim or interest
NOTE: Eere, the government does not
seek the registration of land in its name.
The ob2ective of the proceeding is the
ad2udication of title to the lands or lots
involved in said proceeding.
Pro$edure:
1. 1otice of cadastral survey published
once in =0 and posted in
conspicuous place3 copy furnished
mayor and barangay captain
2. 1otice of date of survey by :#% and
posting in bulletin board of the
municipal building of the municipality
or bario, and shall mark the
boundaries of the lands by
monuments set up in proper places
thereon
'. -adastral survey
6. Ciling of petition
*. (ublication, mailing, and posting
1=T/9 (ublication of 1otice of "nitial
Eearing to be published twice in
successive issues of the =fficial
0aBette
8. Ciling of Answer
5. Eearing of the case
<. )ecision
+. "ssuance of )ecree and -ertificate of
Title
A$tions t<en )# t"e Cdstr( $ourt
o! t"e tri(:
1. >udgment or decision which
ad2udicates ownership of the land
involved in favor of one or more
claimants. This is the decree of the
court.
2. )eclaration by the court that the
decree is final and its order for the
issuance of the -ertificate of Title by
the #A
'. egistration of the decree by the #A
and issuance of the corresponding
-ertificate of Title
Do$trine9 The -adastral court is not
limited to merely ad2udication of
ownership in favor of one or more
claimants. "f there are no successful
claimants, the property is declared public
land. Additionally, while the court has no
2urisdiction to ad2udicate lands already
covered by a -ertificate of Title, it is
nonetheless true that this rule only
applies where there e.ists no serious
controversy as to the certificates
authenticity vis4M4vis the land covered
therein. &Republic vs Be)a 1"3 SCRA
"13; Gi$o1s an$ A)p+ans Assoc., .nc. vs
CA "31 SCRA 1'5.,
P,D, No, +-./ CADASTRAL
1. .ature of Registration
?oluntary -ompulsory
!. A$$licant
#andowner )irector of #ands
+. Lands -overed
!sually involves
private land3 it may
also refer to public
agricultural lands if
the ob2ect of the
action is confirmation
of an imperfect title
all classes of lands
are included
/. Parties
Applicant and
opponent
#andowners must
come to court as
claimants of their own
lands
0. Pur$ose
(etitioner comes to
court to confirm his
title and seeks the
registration of the
land in his name
0overnment asks the
court to settle and
ad2udicate the title of
the land
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
220
MEMOR( AID IN CIVIL LA3
1. Person 2ho Re3uests the #urvey
#andowner 0overnment
4. 5ffect of udg"ent
1o adverse claim3 if
the applicant fails to
prove his title, his
application may be
dismissed without
pre2udice &no res
2udicata,
if none of the
applicants can prove
that he is entitled to
the land, the same
shall be declared
public &res 2udicata,
REMEDIES OF AGGRIE6ED PARTY IN
REGISTRATION PROCEEDINGS
1. .e2 6rial
Grounds: &$ection1 ule '5,ules of
-ourt,
a. fraud, accident, mistake or
e.cusable negligence which
ordinary prudence could not
have guarded against
b. newly discovered evidence
c. award of e.cessive damages, or
insufficiency of the evidence to
2ustify the decision
Period o! !i(in&: within the 1*4day
period for perfecting an appeal
!. Relief fro" udg"ent
Nture: subsidiary remedy, i.e. may
be availed only when the 2udgment
has become final and a new trial is
not available
Grounds: when a 2udgment is
entered against a party through fraud,
accident, mistake, or e.cusable
negligence, such party may file a
petition in the court that rendered
such 2udgment praying that the said
2udgment be set aside.
Period o! !i(in&: within 8@ days after
the petitioner learns of the 2udgment,
order, or proceeding and not more
than 8 months after such 2udgment or
order was entered or such
proceeding was taken.
+. A$$eal
under (.). 1*2+, 2udgments and
orders in land registration cases are
appealable to the -ourt of Appeals or
to the $upreme -ourt in the same
manner as ordinary actions
must be filed within 1* days from
receipt of the 2udgment or final order
appealed from.
/. Petition for Revie2 (of a D5-R55)
any person may file a petition for
review to set aside the decree of
registration on the ground that he was
deprived of their opportunity to be
heard in the original registration case
not later than one &1, year after the
entry of the decree.
NOTE: "t is a petition for /?"/A =C
>!)0/%/1T when it is filed after
rendition of the decision but before the
entry of the decree of registration. And it
is a petition for /?"/A =C TE/
)/-// when it is filed within the one
year period after such entry.
Grounds !or re7ie% o! t"e de$ree:
a, actual or e.trinsic fraud 7 refers to
any fraudulent act of the successful
party in a litigation which is committed
outside the trial of a case against the
defeated party, his agents, attorneys
or witnesses, whereby defeated party
is prevented from presenting full and
fairly his side.
b,fatal infirmity in the decision for
want of due process &Tion,co vs, %e
la Me)ce$, 5, SCRA 9,3
c, lack of 2urisdiction of the court
Re5uisites !or RE6IE' OF T3E
DECREE:
a. petitioner has a real and
dominical right
b. he has been deprived thereof
c. through fraud &actual;e.trinsic,
d. petition is filed within one year
from issuance of the decree
e. the property has not yet passed
to an innocent purchaser for
value
0. Action for Reconveyance
an action seeking to transfer or
reconvey the land from the registered
owner to the rightful owner
may be filed even after the lapse of
one year from entry of the decree of
registration as long as the property
has not been transferred or conveyed
to an innocent purchaser for value.
an action for reconveyance does not
aim or purport to reopen the
registration proceedings and set
aside the decree of registration but
only to show that the person who
secured the registration of the
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
227 2005 CENTRALIZED BAR OPERATIONS

questioned property is not the real
owner thereof. The action, while
respecting the decree as
incontrovertible, seeks to transfer or
reconvey the land from the registered
owner to the rightful owner. &/sconde
vs :orlongay, 1*2 $-A 8@',
Grounds !or Re$on7e#n$e nd
$orrespondin& period o! pres$ription
Grounds Pres$ripti7e
Period
1. Craud 6 years from the
discovery of the
fraud &deemed to
have taken place
from the issuance
of the original
certificate of title,
2."mplied or
constructive trust
1@ years from the
date of the issuance
of the =-T or T-T
the above rule
does not apply
where the person
enforcing the trust
is in actual
possession of the
property because
he is in effect
seeking to quiet title
to the same which
is imprescriptible
'. /.press trust not barred by
prescription
6. ?oid -ontract imprescriptible
1. Action for Da"ages
%ay be resorted to when a petition for
review and an action for
reconveyance is no longer possible
because the property has passed to
an innocent purchaser for value and
in good faith.
an ordinary action for damages
prescribes in ten &1@, years after the
issuance of the Torrens title over the
property.
4. Action for -o"$ensation fro"
Assurance Fund
Re5uisites:
a, The aggrieved party or the suitor
sustained loss or damage, or is
deprived of land or any estate or
interest therein3
b, $uch loss, damage or deprivation
1, was occasioned by the
bringing of the land under the
operation of the Torrens
system, or
2, arose after original
registration of land
c, The loss, damage or deprivation
was due to9
1, fraud, or
2, any error, omission, mistake
or misdescription in any
certificate of title or in any
entry or memorandum in the
registration book
d, There was no negligence on his
part
e, Ee is barred or precluded under
the provisions of () 1*2+ or
under the provision of any law
from bringing an action for the
recovery of such land or the
estate or interest therein3
f, The action has not prescribed.
must be instituted within a period of 8
years from the time the right to bring
such action first occurred4 which is
the date of issue of the certificate of
title.
7. -ancellation #uits
Ahere two certificates are issued to
different persons covering the same
land, the title earlier in date must
prevail
The latter title should be declared null
and void and ordered cancelled.
8. Annul"ent of ,udg"ent
%ay only be availed of when the
ordinary remedies of new trial,
petition for relief, or other appropriate
remedies are no longer available
through no fault of petitioner &Lin4a,
vs. Cou)& o- Appeals, "91 SCRA 33/)
19. :uieting of 6itle
An action that is brought to remove
clouds on the title to real property or
any interest therein, by reason of any
instrument, record, claim,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
222
MEMOR( AID IN CIVIL LA3
encumbrance or proceeding which is
apparently valid or effective but is in
truth and in fact invalid, ineffective,
voidable, or unenforceable, and may
be pre2udicial to said title. &Art. 658
-ivil -ode,
"t is an ordinary civil remedy HS0, S).
vs. .AC, 1'" SCRA 133 (19,I
Aside from the registered owner, a
person who has an equitable right or
interest in the property may likewise
file such action &Ma#a$sul vs.
Moson, 193 SCRA ", 9,
11. -ri"inal Action
$tate may criminally prosecute for
per2ury the party who obtains registration
through fraud, such as by stating false
assertions in the sworn answer required
of applicants in cadastral proceedings
&People vs. Cain,le&, 1' SCRA !/9,
LAND PATENTS
0inds:
To '"om
Grnted
Re5uirements
1.
Eomestead
(atent
to any
Cilipino
citiBen over
the age of
1< years or
head of a
family
does not
own more
than 26
hectares of
land in the
(hils. or has
not had the
benefit of any
gratuitous
allotment of
more than 26
hectares
must have
resided
continuously
for at least 1
year in the
municipality
where the
land is
situated
must have
cultivated at
least 1;* of
the land
applied for
2. Cree
(atent
to any
natural born
citiBen of
the (hils.
does not
own more
than 12
hectares of
land
has conti4
nuously
occupied and
cultivated,
either by
himself or his
predecessors
4in4 interest
tract;s of
agricultural
public land
sub2ect to
disposition
'. $ales
(atent
citiBens
of the (hils.
of lawful
age or such
citiBens not
of lawful
age who is
head of a
family may
purchase
public
agricultural
land of not
more than
12 hectares
to have at
least 1;* of
the land
broken and
cultivated
within * years
from the date
of the award
shall have
established
actual
occupancy,
cultivation and
improvement
of at least 1;*
of the land
until the date
of such final
payment
6. $pecial
(atents
to 1on4
-hristian
Cilipinos
under $ec.
<6 of the
(ublic #and
Act.
$ecretary
of the )"#0
shall certify
that the
ma2ority of
the non4
-hristian
inhabitants of
any given
reservation
have
advanced
sufficiently in
civiliBation
NOTE: when a free patent title is issued
to an applicant and the sea water moves
toward the estate of the title holder, the
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
228 2005 CENTRALIZED BAR OPERATIONS

invaded property becomes part of the
foreshore land. The land under the
Torrens system reverts to the public
domain and the title is annulled.
&Republic vs CA an$ 2ose-ina Mo)a&o,
"1 SCRA,
Restri$tion on
A(iention=En$um)rn$e o! Lnds
tit(ed Pursunt to Ptents:
1. #ands acquired under free patent or
homestead patent is prohibited,
e.cept if in favor of the government, *
years from and after the issuance of
the patent or grant &RP vs >ei)s o-
6elipe Ale<a,a, S)., 939 SCRA 3'1)
2. Transfer or conveyance of any
homestead after * years and before
2* years after issuance of title without
the approval of the $ecretary of
)/1
A$tions &inst improper: i((e&(
issun$e o! ptents
1. Reversion suits
The ob2ective is the cancellation of
the certificate of title and the
consequential reversion of the land
covered thereby to the $tate.
Grounds !or re7ersion:
a. ?iolation of $ections 11<, 12@, 121
and 122 of the (ublic #and Act &eg.
Alienation or sale of homestead
e.ecuted within the * year prohibitory
period,
b. Ahen land patented and titled is not
capable of registration
c. Cailure of the grantee to comply with
conditions imposed by law to entitle
him to a patent or grant
d. Ahen area is an e.panded area &see
Republic vs. >ei) o- Billa Ab)ille, !1
SCRA 5!,
e. Ahen the land is acquired in violation
of the -onstitution3 eg. #and acquired
by an alien may be reverted to the
$tate.

NOTE: indefeasibility of title, prescription,
laches and estoppel do not bar reversion
suits
!. -ancellation #uits
it is the aggrieved private party that
institutes the action HA,ne vs. %i). o-
Lan$s, 11 SCRA !93 (1993,I
3. Action for Reconveyance (see
$iscussion on pa,e 1')
RECONSTITUTION OF CERTIFICATE
OF TITLE
Menin&: The restoration of the
instrument which is supposed to have
been lost or destroyed in its original
form and condition, under the custody
of egister of )eeds.
Purpose: to have the same
reproduced, after proper proceedings,
in the same form they were when the
loss or destruction occurred. &>ei)s o-
Pe$)o Pino&e vs. %ula0, 1! SCRA
1",
0inds:
1, udicial 4 partakes the nature of a
land registration proceeding in )e#.
2, Ad"inistrative 4 may be availed of
only in case of9
a. $ubstantial loss or destruction of
the original land titles due to fire,
flood, or other force ma2eure as
determined by the Administrator
of the #and egistration
Authority3
b. The number of certificates of title
lost or damaged should be at
least 1@N of the total number in
the possession of the =ffice of
the egister of )eeds3
c. in no case shall the number of
certificates of title lost or
damaged be less than (*@@3 and
d. (etitioner must have the
duplicate copy of the certificate of
title. &A 85'2,
NOTE: The law provides for retroactive
application thereof to cases 1* years
immediately preceding 1+<+.
NOTE: Ahen the duplicate title of the
landowner is lost, the proper petition is
not reconstitution of title, but one filed
with the court for issuance of new title in
lieu of the lost copy.
Sour$es !or 8udi$i( Re$onstitution o!
Tit(e:
1. For ;-6 (in the follo2ing order):
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)
San Beda College of Law
224
MEMOR( AID IN CIVIL LA3
a. =wners duplicate of the
certificate of title
b. -o4owners, mortgagees or
lessees duplicate of said
certificate
c. -ertified copy of such certificate,
previously issued by the egister
of )eeds
d. Authenticated copy of the decree
of registration or patent, as the
case may be, which was the
basis of the certificate of title
e. )eed or mortgage, lease or
encumbrance containing
description of property covered
by the certificate of title and on
file with the egistry of )eeds, or
an authenticated copy thereof
f. Any other document which, in the
2udgment of the court, is sufficient
and proper basis for
reconstitution.
!. For 6-6
a. $ame as sources a,, b,, and c,
for reconstitution of =-T
b. )eed of transfer or other
document containing description
of property covered by transfer
certificate of title and on file with
the egistry of )eeds, or an
authenticated copy thereof
c. same as sources e, and f, for
reconstitution of =-T.
Sour$es !or Administrti7e
Re$onstitution o! Tit(e
1. owners duplicate of the certificate of
title
2. co4owners, mortgagees, or lessees
duplicate of said certificate
Pu)(i$tion: Mi(in& nd Postin& in
petitions !or re$onstitution o! tit(e
Ru(es:
a. 1otice thereof shall be published
twice in successive issues of the
=fficial 0aBette
b. %ust be posted on the main
entrance of the provincial building
and of the municipal building of
the municipality or city where the
land is situated
c. to be sent by registered to every
person named in said notice
NOTE: The above requirements are
mandatory and 2urisdictional
&Me&)opoli&an Ga&e)1o)Fs an$
Se1e)a,e S0s&e# vs. Sison, 1"/
SCRA 39/,
OT3ER PETITIONS=TRANSACTIONS
AFTER ORIGINAL REGISTRATION
1. A"end"ent and alteration of
-ertificate of 6itle
Grounds:
a. Ahen registered interests of any
description, whether vested,
contingent, or inchoate have
terminated and ceased
b. Ahen new interests have arisen
or been created which do not
appear upon the certificate
c. Ahen any error, omission, or
mistake was made in entering a
certificate or any memorandum
thereon or on any duplicate
certificate
d. Ahen the name of any person on
the certificate has been changed
e. Ahen the registered owner has
been married, or, registered as
married, the marriage has
terminated and no right or interest
of heirs or creditors will thereby
be affected
f. Ahen a corporation, which
owned registered land and has
been dissolved, has not
conveyed the same within '
years after its dissolution
g. Ahen there is a reasonable
ground for the amendment or
alteration of title.
NOTE: The court has no 2urisdiction or
authority to reopen the 2udgment or
decree of registration3 nor impair the title
or other interest of a purchaser holding a
certificate for value and in good faith, or
his heirs and assigns, without his or their
written consent. After due hearing, the
court may only9
a. =rder the entry or cancellation of
a new certificate
b. =rder the entry or cancellation of
a memorandum upon a
certificate, or
c. 0rant any other relief upon such
terms and conditions as it may
consider proper &$ecs. 1@5 and
1@<, () 1*2+,
CIVIL LA3 COMMITTEE
C'A(&PE&SO)* &o%+ald Padilla ASS#C'A(&PE&SO) * Vida ,ocar, Jo-ce Vidad EDP * Alnai.a 'assi%an, Doroth- /a-on
S0,JEC# 'EADS* Christopher &e- 1arasigan (Persons and Fa%il- &elations), Ale2andro Casa"ar(Propert-), 1a &hodora
Ferrer(3ills and S+ccession), (an Do%inic P+a(O"ligations and Contracts), Sha Eli2ah D+%a%a(Sales and Lease), John Stephen
4+ia%"ao(PA#), Christopher Ca"igao(Credit #ransactions), Liga-a Alipao(#orts and Da%ages), Anthon- P+rganan(L#D),
1a &icasion #+gadi (Con5licts o5 La!)
225 2005 CENTRALIZED BAR OPERATIONS

!. #urrender of 2ithheld du$licate
certificate of title
Grounds:
a. Ahen it is necessary to issue a
new certificate of title pursuant to
any involuntary instrument which
divests the title of the registered
owner against his consent
b. Ahere a voluntary instrument
cannot be registered by reason of
the refusal or failure of the holder
to surrender the owners
duplicate certificate of title3 and
c. Ahere the owners duplicate
certificate is not presented for
amendment or alteration
pursuant to a court order
+. Re$lace"ent of lost du$licate
certificate of title
Jdue notice under oath shall be sent
by the owner or by someone in his
behalf to the egister of )eeds of the
province of city where the land lies as
soon as the loss or theft is
discovered.K &Sec&ion 139, P% 15"9,
(etition for replacement should be
filed with the T- of the province or
city where the land lies.
1otice to $olicitor 0eneral by
petitioner is not imposed by law but it
is the egister of )eeds who should
request for representation by the
$olicitor 0eneral &Republic vs. CA,
31! SCRA 53/,
A proceeding where the certificate of
title was not in fact lost or destroyed
is null and void for lack of 2urisdiction
and the newly issued duplicate is also
null and void. &7e1 %u)a1oo$ Co.,
.nc. vs. CA, "53 SCRA !/3,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%a T#le!"i!#(VC-Acads),
Je!!i)er A!*(VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-
Logistics) J#!a"/a!
Ma!*,!%a+a# (Political La!), 0ra!ci$ Be!e%ic" Re#","ar (La"or La!), R#&,al% Pa%illa (Civil La!), C/ar&ai!e T#rre$
(#a$ation La!), Mar. Da-i% Mar"i!e' (Cri%inal La!), 1ar!+ L,i$a Ale*re (Co%%ercial La!), Ji!.+ A!! U+ (&e%edial La!),
Jac.ie L#, Ba,"i$"a (Legal Ethics)