Beruflich Dokumente
Kultur Dokumente
Land Title evidence of right of owner or extent of his interest, by which means he can maintain control and as a
rule assert right to exclusive possession and enjoyment of property.
Deed instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned or
by which title to any real estate may be affected in law or equity.
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Grantor
Grantee
Words of grant
Description of property
Signature of grantor
Witnesses
Types of estates:
1. Freehold estate indicates title of ownership.
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to year with automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation as to period
3 Stages of Development of Legal System of Transferring Titles:
1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Purpose of Torrens Law: quiet title to land once registered, owner might rest secure
Persons Bound When Title Not Registered:
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
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Private lands
At least 60% Filipino to acquire private land
Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created
If engaged in agricultural restricted to 1,024 ha.
Patrimonial property of state
Lease for 25 years renewable
Limited to 1,000 ha.
Apply to both Filipinos & foreign cos.
Muniment of Title instruments or written evidences which applicant hold or posses to enable him to substantiate
& prove title to his estate
Transaction Took Place Before Issuance of Decree:
1. Record instrument in Register of Deeds in same manner as if no application was made
2. Present instrument to RTC, motion praying that same be considered in relation to the pending application
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.
Requisites of Opposition:
1. Set forth objections to the application
2. State interest claimed by oppositor
General Default
Special Default
Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to do
so within period allowed.
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial confirmation of
Imperfect title under the Public land act
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Judgment decision of court constituting its opinion after taking into consideration the evidence submitted
Writ of Possession order to sheriff to deliver the land to the successful party litigant; no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
Person entered into property after decree- non claimant; had been there for 10 years
Forcible entry
Unlawful detainer
Accion publiciana
Accion reindivicatoria
Res Judicata:
1. Former judgment must be final
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Motion for new trial must be brought within 15 days from notice of judgment
Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
Newly discovered evidence which could not be discovered & produced at trial
Evidence insufficient to justify decision, decision is against the law
Appeal must be brought 15 days from notice of judgment
Review of decree of registration available to party deprived of day in court; became non-party due to
misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will no longer
prosper if already transferred to innocent purchaser for value
Plaintiff is owner of land registered in name of defendant
Registration procured through actual fraud
Property has not issued to innocent purchaser for value
Action is filed within 1 year after issuance of decree of registration
Relief from judgment 60 days 6 months after entry of order; available to party to case, FAME; after judgment;
person deprived of right is party to case
Reconveyance action in personam; available so long as property not passed yet to innocent purchaser for value;
bad faith or with notice of defect
Recovery for damages
Person is wrongfully deprived of his land by registration in name of another actual or constructive fraud
No negligence on his part
Barred/ precluded from bringing an action
Action for compensation has not prescribed
Annotations at Back of Certificate need court order; otherwise null & void
File instrument creating or transferring interest and certificate of title with Register of Deeds
Owners duplicate
Payment of fees & documentary stamp tax
Evidence of full payment of real estate tax
Document of transfer 1 copy additional for city/provincial assessor
Register of Deeds shall make a memorandum on the certificate of title, signed by him
Issue TCT
Voluntary dealings
Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings
Full name
Nationality
Place of residence
Postal address of grantee or other persons acquiring or claiming interest
Civil status
Whether or not corporation:
Essential Requisites:
Special Characteristics:
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Chattel Mortgage
No right of redemption
Subject Matter
Forms:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties but not 3rd persons without notice
3. Public document & registered valid & binding to 3rd parties
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
Foreclosure
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2. EXTRA-JUDICIAL
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Publication required: post notices for 20 days in 3 public places where property lies & if property is more than
P400.00, publication must be for 3 consecutive weeks in news paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00
Registration of sale in Register of Deeds:
Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date,
time, place of sale, names of creditor & debtor, description of property, name of highest bidder, selling price
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
After expiration of 1 year of redemption period title is consolidated if no redemption exercised: purchaser to file
with Register of Deeds the deed of sale & sworn statement attesting to fact that there is no redemption
New certificate of title issued in favor of vendee
If redeemed notice of redemption shall be registered & accomplished by way of memorandum on proper
certificate of title
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
Requires only description to enable parties & other persons to identify the subject matter
Effect of Registration:
1. Creates a lien attaches to the property whoever holds it; binding on subsequent purchasers
2. Constructive notice
Assignment of Mortgage
Foreclosure of Mortgage
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The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
Judicial
Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the
time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance mortgagor
When Prohibition in Mortgaged Property as regards Subsequent Conveyances, etc.: Leasehold cannot be
registered in the title thereof.
Effect of Registration:
1. Creates a real right but without prejudice to rights of 3rd persons
2. If not registered valid as between parties but not to 3rd persons without notice
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Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of
certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon repudiation
A writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights,
credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
6. Court after notice shall enter an order to owner to surrender certificate at time & place to be named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds produces
effect of registration already.
Effect of Registration of Attachment:
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Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit may be alienated but purchaser
is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
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Administrator shall file with Register of Deeds registration of property in his name to be vested with ownership as
trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
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JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of Deeds
Each owner to gave separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of
order confirming sale
EXTRAJUDICIAL
Decedent died intestate
No debts
Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of Deeds
If there is movables involved, bond to be filed equivalent to value of property as certified under oath by parties
conditioned upon payment if any just claim which may be filed by creditor within 2 years after distribution
Publication in newspaper of general circulation for 3 weeks; not binding to those without notice
Final after 2 years
In provinces when person dies leaving property not covered by Torrens system to avoid legal expenses, heirs
make a list of property, pay off debts & assign to each
Statute of frauds do not operate because it is not a conveyance but a separation of property and designation of
part which belongs to them
Executor required to file with Register of Deeds a certified copy of his letters of administration or the will if there is a
will in order that Register of Deeds may register upon certificate a memorandum with reference to file no & date of
filing
State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of registration is operative act by which State transfers title; created to
relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible
title to land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register of Deeds based on assessed
value of land as contribution to assurance fund; if no assessment yet, sworn declaration of 2 disinterested
persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000, excess shall be
paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget.
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land; in
short he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru assurance fund; thereafter
Government shall be subrogated to rights of plaintiff to go against other parties or securities
Measure of Damages:
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Purpose: measure designed to protect the interest of a person over a property where registration is not provided for
by the land registration act; serve as notice and warning to persons subsequently dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is only for 30
days: lis pendens notice that property is in litigation; adverse claim; somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order
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In connection with original and subsequent registration of lands payable to Clerk of court, Register of Deeds,
sheriff
Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within
next 15 days
Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in discretion
of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered; deceitful
disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both at
discretion of court
In absence of registration, title to public land is not perfected and therefore not indefeasible
In case of 2 titles obtained on same date one procured thru decree of registration is superior than patent issued
by director of lands
2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 diff persons, one
who bought it for value and in good faith & one who register first shall have preference.
Alienable/disposable
Agricultural
Residential, commercial, industrial
Educational, charitable
Town sites and for public and quasi-public uses
Timber lands inalienable
Mineral lands inalienable
If patent or title is issued void ab initio for lack of jurisdiction
Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership
Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935;
vested rights which are protected.
Fishponds
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of
land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with
regards to finding of law
Empowered to alienate and dispose lands
Homestead settlement
Sale
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to
cultivate
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
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Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad
faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and
cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose
Restrictions:
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Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Homesteader
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Purpose:
Nature of Proceedings:
In rem
No defendant & no plaintiff
Compulsory
Procedure:
1. Cadastral survey
In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to
be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public of day of survey published in OG and
posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. Filing of petition
After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by filing petition
in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. Publication of notice of hearing
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to
person whose address is known & other copies posted in conspicuous place designated bylaw
4. Filing of answer
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
1. Age of claimant
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is located
4. Name of owners of adjoining lots
5. If in possession & without grant no of years in possession
6. If not in possession state interest claimed
7. If assessed of taxation assessed value
8. Any encumbrances affecting said lots
9. Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. Decision
Claimants are notified of decision
7. Issuance of decree and certificate of title
Upon order of court, LRA to enter decree of registration
ORDINARY
Party Initiating
Government
Private Individual
Subject Matter
Private Lands
Ownership
Ownership is Asserted
Survey
On account of owner
As to risk
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to registration
(limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal