LAND TITLES & DEEDS

LAND REGISTRATION
Purposes:
1. To quiet title
2. To provide a means of publication
Ways of Registering Title
1. Judicial
filing of petition with the court
decree OCT
2. dministrative
filing of petition with the !"#$ or the
!irector of %ands
patent OCT
2 Kinds of Registration Proceedings
1. Original & securing of title for the
first time 'OCT(
2. )ubsequent & registration after
the original registration 'OCT TCT(
Kinds of Original Registration
1. Ordinar*
voluntar* registration
+inds:
a. ,nder P.!. #o. 1-2.
b. ,nder )ec. /0'b( of C #o.
1/11 as amended
2. Cadastral
compulsor* registration initiated b*
the government.
involuntar* registration
Original Registration Proceeding
proceeding brought before the $egional Trial
Court 'land registration court( to determine title
or ownership of land on the basis of an
application for registration or answer b* a
claimant in a cadastral registration.
Systes of Registration
1. $egistered lands under the Torrens
s*stem
2. ,nregistered lands under ct #o. 22//
and P.!. #o. 1-2.
TORRENS S!STE"
a s*stem for registration of land under which1
upon the landowner3s application1 the court ma*1
after appropriate proceedings1 direct the
issuance of a certificate of title.
Purposes:
1. To avoid possible conflicts of title in and to
real propert*4 and
2. To facilitate transactions relative thereto b*
giving the public the right to rel* upon the
face of the Torrens certificate of title and to
dispense with the need of inquiring further1
e5cept when the part* concerned has actual
6nowledge of facts and circumstances that
should impl* a reasonabl* cautious man to
ma6e such further inquir*.
TORRENS TITLE
certificate of ownership issued under the
Torrens s*stem of registration b* the
government1 through the $egister of !eeds1
naming and declaring the owner in fee simple of
the real propert* described therein1 free from all
liens and encumbrances e5cept such as ma* be
e5pressl* noted thereon or otherwise reserved
b* law.
it is conclusive against the whole world1
including the government1 and to a holder
thereof in good faith it is guaranteed to be
indefeasible1 unassailable1 and imprescriptible.
Probative 7alue: Torrens Title ma* be
received in evidence in all courts of the
Philippines1 and shall be conclusive as to all
matters contained therein1 principall* the identit*
of the owner of the covered land thereb*1 e5cept
so far as provided in the %and $egistration ct.
Adinistration of t#e Torrens Syste
1. %and $egistration uthorit* '%$( & agenc* of
the government charged with the efficient
e5ecution of laws relative to the registration of
lands.
2. $egister of !eeds '$!( & the public repositor*
of records of instruments affecting registered or
unregistered lands and chattel mortgages in the
province or cit* wherein such office is located.
The function of the $egister of !eeds
with reference to the registration of
deeds1 encumbrances1 instruments and
the li6e is ministerial in nature '8aranda
vs. 9ustilo1 1:- )C$ ;-;(
Instances $#en RD ay deny registration%
1. <here there are more than 1 cop* of the
owner3s duplicate certificate of title and
not all such copies are presented in the
$egister of !eeds
2. <here the voluntar* instrument bears
on its face infirmit*
2. <here the validit* of the instrument
sought to be registered is in issue in a
pending court suit
/. <hen the document is not verified and
notari=ed
& "ODES O' A()*IRING TITLES%
'P$"P
2
>!(
1. P ublic grant
based on the Public %and cts
2. R eclamation
filling up of parts of the sea for conversion
to land.
The )C has ruled that onl* the #ational
9overnment ma* engage in reclamation
pro?ects. '$epublic vs. C4 P.!. 2@.(
3. E mancipation patent or grant
based on P.!. #o. 2;
4. P rivate grant or voluntar* transfer
5. A dverse possession or prescription
6. A ccretion
7. Involuntar* alienation
".g. eminent domainAe5propriation
8. D escent or devise
Registra+le Lands%
1. Public agricultural lands
2. Private lands
Non,registra+le lands%
1. Those found in Civil Code
provisions dealing with non@registrable
properties 'e.g. propert* of public
domain(
2. )pecific 6inds of non@registrable
properties or lands:
a. Borest or timberland1 public
forest1 C forest reserve
b. Dangrove swamps
c. Dineral lands
d. Boreshore land C seashore
e. #avigable rivers1 streams C
cree6s
f. %a6es
g. Dilitar* $eservations
h. <atershed
i. 9ra=ing lands
?. Previousl* titled land
6. lluvial deposit along river when
man@made
-. STEPS IN ORDINAR! LAND
REGISTRATION PRO(EEDINGS% ')B)@
TP@)BE@P>")T(
1. S urve* of the land b* the 8ureau of %ands
or a dul* licensed private surve*or4
2. ' iling of pplication for $egistration b* the
applicant4
2. S etting of date for initial hearing b* the
court4
/. T ransmittal of pplication and date of initial
hearing together with all documents or other
evidences attached thereto b* the Cler6 of
Court to the %and $egistration uthorit*4
-. P ublication of #otice of Biling of pplication
and date and place of hearing once in the
Official 9a=ette and once in a newspaper of
general circulation in the Philippines4
:. S ervice of #otice upon contiguous owners1
occupants and those 6nown to have interest
in the propert* b* the sheriff4
;. ' iling of nswer or Opposition to pplication
b* an* person whether named in the notice
or not4
0. / earing of the case b* the court4
.. P romulgation of ?udgment b* the court4
1F. Issuance of decree b* the court declaring
the decision final and instructing the %and
$egistration uthorit* to issue a !ecree of
Confirmation and $egistration4
11. E ntr* of !ecree in the %and $egistration
uthorit*4
#ote: This serves as the rec6oning date
to determine the 1@*ear period from
which one can impugn the validit* of the
registration.
12. S ending of cop* of !ecree to the
corresponding $egister of !eeds4 and
12. T ranscription of !ecree in the registration
boo6 and issuance of Owner3s !uplicate
Original Certificate of Title of the applicant
b* the $egister of !eeds upon pa*ment of
the prescribed fees.
pplicable to proceedings under P.!. #o.
1-2. and in the ?udicial confirmation of
imperfect title under sec. /0'b( of the
Public %and ct1 as amended 'C.. #o.
1/1(
certificate of title issued without full*
compl*ing with the above requisites is thus
illegal and invalid and ma* be cancelled b* the
courts.
0*DI(IAL (ON'IR"ATION O' I"PER'E(T
OR IN(O"PLETE TITLE
pplicants:
1. Bilipino citi=ens who b* themselves or
through their predecessor@in@interest
have been in open1 continuous1
e5clusive and notorious possession and
occupation of:
a( alienable and disposable lands
of public domain under bona
fide claim of acquisition since
June 121 1./- or prior thereto
b( agricultural lands of public
domain under a bona fide claim
of acquisition of ownership1 for
at least 2F *ears or at least
since Januar* 2/1 1./;
2. Private corporations or associations
which had acquired lands from Bilipino
citi=ens
2. #atural@born citi=ens of the Philippines
who have lost their citi=enship1 who
have acquired disposable and alienable
lands of public domain from Bilipino
citi=ens
<hat pplicant Dust Prove:
1. That the land is alienable and
disposable land of public domain4 and
2. Possession and occupation must be for
a length of time and in a manner and
concept stated in )ec. /0 'b( of the
Public %and ct.
)pecific "vidence:
. Proof that land is alienable1 disposable
and registrable '!irector of %ands vs. 8u*co(
1. Presidential proclamation
2. "5ecutive Order
2. dministrative Order issued b* the
!"#$
/. 8ureau of Borest !evelopment %and
Classification Dap
-. Certification b* !irector of Borestr*
:. >nvestigation reports of 8ureau of
%ands
;. %egislative act or statute
8. Proof of identit* of land
1. )urve* plan in general
2. Tracing cloth plan and blue print
copies of plan
2. Technical description of the land
/. Ta5 declarations
-. 8oundaries and area
Original S1r2ey of t#e land
must be approved b* the !irector of %ands

'iling of A33lication
1. $TC
original ?urisdiction
converted into a land registration court
2. DTC
principle of delegated ?urisdiction
cases filed with the $TC ma* be endorsed to
the DTC for hearing and trial1 provided that:
a( The amount involved does not e5ceed
P1FF1FFF.FF
b( There is must be no controvers*
Persons W#o "ay A33ly for Registration%
')ec. 1/1 P! #o. 1-2.(
1. Those who1 b* themselves or through their
predecessors@in@interest1 have been in open1
continuous1 e5clusive and notorious
possession and occupation of alienable and
disposable lands of the public domain under
a bona fide claim of ownership since June
121 1./-1 or earlier4
2. Those who have acquired ownership of
private lands b* prescription under the
provisions of e5isting laws4
2. Those who have acquired ownership of
private lands or abandoned river beds b*
right of accession or accretion4 and
/. Those who have acquired ownership of land
in an* other manner provided for b* law.
P1+lication4 "ailing4 and Posting
Re51ireents 6P"P7
mandator* and ?urisdictional requirements
1. P1+lication
Official 9a=ette and newspaper of general
circulation
Purposes:
1. To confer ?urisdiction over the land
applied for upon the court
2. To charge the whole world with
6nowledge of the application of the land
involved
2. "ailing
Dailing of the Notice of Hearing
dministrator of %and $egistration uthorit*
shall cause a cop* of the notice shall cause a
cop* of the notice of initial hearing of the
application to the mailed to the following:
a. "ver* person named in the notice
whose address is 6nown
b. )ecretar* of !P<E1 Provincial
9overnor1 and Da*or of the municipalit*
or cit*1 as the case ma* be in which the
land lies if applicant requests to have
the line of a public wa* or road
determined
c. )ecretar* of !$1 )olicitor 9eneral1
!irector of %and Danagement1 !irector
of Dines andAor !irector of Bisheries
and quatic $esources1 as the case
ma* be1 if the land borders on a river1
navigable stream or shore1 or on an arm
of the sea where a river or harbor line
has been established1 or on a la6e1 or if
it otherwise appears from the application
that a tenant@farmer or the national
government ma* have a claim adverse
to the applicant.
2. Posting
Posting of the cop* of the Notice of Hearing
dut* of the )heriff
must be made for 1/ da*s before date of
initial hearing1 in conspicuous places
#ote: Certification b* the %$ and the sheriff
that the requisite publication and posting have
been complied with is conclusive proof of such
facts.
Ser2ice of Notice 13on contig1o1s o$ners
indispensable
lac6 of service constitutes Ge5trinsic fraudH
Ans$er or O33osition
adverse claimants must set forth in their
answer all their ob?ections to the application and
must claim that title should instead be issued to
them.
the supporting evidence is the same as that
required of an original applicant

/earing
the court ma* either:
1. hear the parties and their evidence4 or
2. refer the case or an* part thereof to a
referee or commissioner.
8ecause of the $egalian !octrine1 the burden
of proving interest in the land is incumbent upon
the applicant.
evidence ma* be testimonial or documentar*1
e.g. surve* plan1 tracing cloth plan1 and other
muniments of title.
Duniments of title: instruments or written
evidences which applicant holds or possesses to
enable him to substantiate and prove title to his
estate.
01dgent
the court has 2 duties:
1. $ender ?udgment1 declare
the same final1 and cause the decision3s
entr*4 and
2. Order the %$ to issue
decree of registration.
The court decision is reduced into a
compact statement.
The court ma* reverse its decision even after
the %$ has alread* issued the decree of
registration1 provided that such decree has still
not been entered in the %$ records.
!uties of the %$:
1. >ssue a decree of
registration4
2. "nter the decree in its
records4
2. )end cop* of the decree to
the $egister of !eeds.
The $! issues the certificate of title.
DE(REE O' REGISTRATION
issued b* the %$
Contents:
1. date 1 hour1 minute of entr*
2. signature of the %$ dministrator
2. whether the owner is married or
unmarried1 and if married1 the name of
the husband or wife
(ERTI'I(ATE O' TITLE
issued b* the $!
true cop* of the decree of registration
Probative value: best evidence of ownership
of registered land
ttributes and %imitations:
GENERAL RULE: "ver* registered owner
receiving a certificate of title in pursuance of
registration and ever* subsequent purchaser
ta6ing a certificate for value and in good faith
shall hold the same free from all encumbrances.
EXCEPTIONS:
1. Those noted on the certificate
2. %iens claims or rights arising or e5isting
under the laws and the Constitution1 not
required to appear of record in the
$egister of !eeds to be valid
2. ,npaid real estate ta5es levied and
assessed within 2 *ears immediatel*
preceding the acquisition of the right
over the land b* an innocent purchaser
for value
/. n* public highwa*1 or private wa*
established or recogni=ed b* law1 or an*
government irrigation canal or lateral
thereof1 if the certificate of title does nit
state the boundaries of such
-. n* disposition of the propert* or
limitation on the use thereof pursuant to
P.!. 2; or an* other law or regulations
on agrarian reform
Indefeasi+ility of (ertificate of Title
GENERAL RULE: ,pon e5piration of 1 *ear
from and after the entr* of the decree of
registration in the %$1 the certificate of title
becomes incontrovertible and indefeasible.
EXCEPTIONS:
1. >f previous valid title of the same land
e5ists
2. <hen land covered is not capable of
registration
2. <hen acquisition of certificate is
attended b* fraud
nnotations in the certificate of title1 however1
are not conclusive and indefeasible.
Doctrine of Non,(ollateral Attac8 of Decree
or Title
a decree of registration cannot be sub?ect to
collateral attac6 after the lapse of 1 *ear from
the entr* thereof in the %$.
(ADASTRAL REGISTRATION
Procedure:
1. Cadastral surve*
2. Biling of petition
3. Publication of #otice of >nitial Eearing in
Official 9a=ette
/. Biling of nswer
-. Eearing of the case
:. !ecision
;. >ssuance of !ecree and Certificate of Title
P9D9 No9 -:2; (ADASTRAL
1. Nature of Registration
7oluntar* Compulsor*
2. Applicant
%andowner !irector of %ands
3. Lands Covered
,suall* involves
private land4 it ma*
also refer to public
agricultural lands if the
ob?ect of the action is
confirmation of an
imperfect title
all classes of lands are
included
4. Parties
pplicant and
opponent
landowners must come
to court as claimants of
their own lands
5. Purpose
petitioner comes to
court to confirm his
title and see6s the
registration of the land
in his name
government as6s the
court to settle and
ad?udicate the title of
the land
6. Person wo Re!uests te "urve#
%andowner 9overnment
$. %ffect of &udg'ent
#o adverse claim4 if
the applicant fails to
prove his title1 his
application ma* be
dismissed without
pre?udice 'no res
?udicata(
if none of the
applicants can prove
that he is entitled to the
land1 the same shall be
declared public 'res
?udicata(
Ot#er "atters Wit#in t#e 01risdiction of
(adastral (o1rts%
1. To declare the propert* sub?ect
of the proceeding public land1 if there are no
successful claimants
2. To order the correction of the
technical description of the land
2. To resolve the priorit* of
overlapping titles
/. To ad?udicate lands alread*
covered b* certificate of title1 where there
e5ists serious controvers* as to the
certificate3s authenticit* vis@I@vis the land
covered therein
RE"EDIES O' AGGRIE<ED PART! IN
REGISTRATION PRO(EEDINGS
1. #ew Trial
2. $elief from Judgment
2. ppeal
/. Petition for $eview
-. ction for $econve*ance
:. ction for !amages
;. ction for Compensation from ssurance
Bund
0. Cancellation )uitsAnnulment of ?udgment
.. Juieting of title
1F. Criminal ction
Re51isites for Entitleent to (o3ensation
fro t#e Ass1rance '1nd%
a. Claimant1 who must be an owner1 purchaser
or encumbrance in good faith1 suffered
actual damage b* the loss of the land or
interest therein4
b. #o negligence is attributable to him4
c. %oss or damage suffered was not
occasioned b* breach of trust or an*
mista6e in the resurve* of subdivision of the
registered land4
d. Claimant is1 b* provisions of the %and
$egistration ct1 barred or in an* wa*
precluded from bringing an action to recover
the land or interest therein1 or from
obtaining compensation direct from the
person responsible4
e. ction to recover from the ssurance Bund
has not prescribed4 and
f. %oss or damage was due to an* of the
following:
1. Through the omission1 mista6e or
misfeasance of the Cler6 of Court or
$egistrar of !eeds4
2. 8* registration of an* other person as
owner of such land4
2. 8* mista6e1 omission or misdescription
in a certificate or owner3s duplicate1 or
in an* entr* or memorandum in the
register or other official boo6.
LAND PATENTS
+inds:
1. Eomestead patent
2. Bree patent
2. )ales patent
/. )pecial Patents
Restriction on Alienation=Enc1+rance of
Lands titled P1rs1ant to Patents%
1. %ands acquired under free patent ar
homestead patent is prohibited1 e5cept if
in favor of the government - *ears from
and after the issuance of the patent or
grant
2. Transfer or conve*ance of an*
homestead after - *ears and before 2-
*ears after issuance of title without the
approval of the )ecretar* of !"#$
RE(ONSTIT*TION O' (ERTI'I(ATE O'
TITLE
The restoration of the instrument which is
supposed to have been lost or destro*ed in its
original form and condition.
+inds:
1. Judicial
2. dministrative @ ma* be availed of onl* in
case of:
a) )ubstantial loss or destruction of the
original land titles due to fire1 flood1 or
other force ma?eure as determined b*
the dministrator of the %and
$egistration uthorit*4
b( The number of certificates of title lost or
damaged should be at least 1FK of the
total number in the possession of the
Office of the $egister of !eeds4
c( in no case shall the number of
certificates of title lost or damaged be
less than P-FF4 and
d( Petitioner must have the duplicate cop*
of the certificate of title. '$ :;22(
#ote: The law provides for retroactive
application thereof to cases 1- *ears
immediatel* preceding 1.0..
<hen the duplicate title of the landowner is
lost1 the proper petition is not reconstitution of
title1 but one filed with the court for issuance of
new title in lieu of the lost cop*.
S*>SE)*ENT REGISTRATION
where incidental matters after original
registration ma* be brought before the land
registration court b* wa* of motion or petition
filed b* the registered owner or a part* in
interest.
Dealings $it# registered lands%
-9 <ol1ntary
a. )ale
b. $eal Propert* Dortgage
c. %ease
d. Pacto de retro sale
e. "5tra@?udicial settlement
f. Bree patentAhomestead
Registration of <ol1ntary Instr1ents
a. >nstrument must be in a form
sufficient in law
#ationalit* of the applicant is an
important qualification.
b. Presentation of the deed or
instrument
c. Presentation of the Certificate of
Title
d. Certificate uthori=ing
$egistration1 as issued b* the 8>$
proof of pa*ment of capital gains ta5
and documentar* stamps
e. "ntr* in the Primar* "ntr* 8oo6
The date of registration is material for
purposes of rt. 1-// of the CC re:
double sales.
f. Pa*ment of prescribed fees
29 In2ol1ntary
a. ttachments
i. preliminar* attachment
ii. garnishment
iii. lev* on e5ecution
b. $egistration of sale of land on e5ecution1
or for ta5es1 or for an* assessment
c. dverse Claim
$equisites for $egistrabilit*:
i. adverse to registered owner
ii. arises after original registration
iii. cannot be registered
under an* other provisions of the
%and $egistration ct.
>f annotated in the certificate of title1 it
cannot be cancelled without court order.
d. #otice of %is Pendens
<hen pplicable:
i. to recover possession of real
estate
ii. to quiet title thereto
iii. to remove clouds upon
title thereof
iv. for partition
v. an* other proceeding of an*
6ind in court directl* affecting the
title to the land or the use or
occupation thereof or the building
thereon.
<hen >napplicable: 'PP%(
i. proceedings for the recover* of
mone* ?udgments
ii. attachments
iii. proceedings on the
probate of wills
iv. administration of the
estate of deceased persons
v. levies on e5ecution
e. Boreclosure
*NREGISTERED LANDS
1. 7oluntar* and involuntar* instruments
affecting unregistered land must also be
registered4
2. <ith respect to voluntar* instruments1 it
is the registration thereof that ma6es
them binding as even as against third
persons4 and
3. part* to such instrument ma*1 when
proper1 resort to the remed* of
consultas.
Sale of *nregistered lands%
a. There must be a deed or
instrument of conve*ance
b. There must be an agreement to
register the land under the Torrens )*stem
with the $!
"ven without registration1 the contract is valid
and binding upon the parties thereto alone and
not upon third parties without notice.
Eowever1 as to third parties1 knowledge i
tanta!o"nt to regitration.