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LAND REGISTRATION

CONCEPT OF LAND REGISTRATION


LAND TITLE evidence of the owners right or extent of interest, by which he can maintain control and as a rule assert right to exclusive
possession and enjoyment of property
DEED instrument in writing by 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

1.
2.
3.

Grantor

4. Description of Property

Grantee

5. Signature of grantor

Words of grant

6. Witnesses

TYPES OF ESTATES:

1.

FREEHOLD ESTATE indicates title of ownership

a.
b.
c.
2.

Fee simple absolute title; conferred without limitation, qualification or restriction


Fee tail pass title to grantee & his heirs
Life state held for duration of life of grantee

LESS THAN FREEHOLD ESTATE a right short of title

a.
b.
c.

Estate for years lease for a period agreed upon, lessor retains ownership of land
Tenancy from period to period lease running from month to month or year to year with automatic renewal
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.
2.
3.

Production & delivery of deed by grantor to grantee without registration


Recording of deed of conveyance to bind 3rd persons
Registration of title

REGISTRATION guarantees the title but RECORDING does not; need to examine other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
MODES OF ACQUIRING LAND TITLES:

1.
2.
3.
4.
5.
6.
7.
8.

Title by public grant conveyance of public land by government to a private individual


Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property
Title by accretion alluvium
Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto; government
Title by voluntary transfer private grant; voluntary execution of deed of conveyance
Title by involuntary alienation no consent from owner of land; forcible acquisition by state
Title by descent or devise hereditary succession to the estate of deceased owner
Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary
succession

Land registration is a proceeding in rem. (citing Greg Alba vs. De la Cruz, 17 Phil. 49). Being in rem, such proceeding requires constructive
seizure of the land as against al persons, including the State, who have rights to or interests in the property. An in rem proceeding is validated
essentially through publication.
This being so, the process must strictly be complied with. Otherwise, persons who may be interested or whose rights may be adversely affected
would be barred from contesting an application which they had no knowledge of.
As has been ruled, a party as an owner seeking the inscription of realty in the land registration court must have proved by satisfactory and
conclusive evidence not only his ownership hereof but the identity of the sale, for he is in the same situation as one who institutes an action for

recovery of realty. (Citing Archbishop of Manila vs. Arnedo, 30 Phil. 593). He must prove his title against the whole world.
This task, which rests upon the applicant, can best be achieved when all persons concerned, any, the whole world, who have rights to or
interests in the subject property are notified and effectively invited to come to court and show cause why the application should not be granted.
The elementary norms of due process require that before the claimed property is taken from concerned parties and registered in the name of the
applicant, said parties must be given notice and opportunity to oppose. (Dir. of Lands vs. CA, et al., G.R. No. 102858, July 28, 1997, 85 SCAD
92; Cacho vs. CA, et al., G.R. No. 123361, March 3, 1997, 85 SCAD 211).

BAR:May the owner of a building constructed on an unregistered land belonging to another apply for the registration of such building under the
Land Registration Act ad P.D. No. 1529? What should be do t protect his rights in case the owner of the land applied for registration thereof?
Give your reasons. (1989Bar)
HELD: No, because P.D. No. 1529 applies only to registration of land. The registration of the land may include the building, but the building
cannot be registered independently of the land.
To protect his interest, the owner of the land should file an opposition or answer to the application for registration and ask that his right over the
building be annotated on the title.

BAR:A is the owner of a parcel of unregistered land. He sold it to B in 1990. The land was not transferred in Bs name. The document was not
also registered. In 1991, he was sued by C for a sum of money. The court rendered judgment holding a liable, hence, the land was levied upon and
sold by the sheriff to C who was the highest bidder. Between B and C, who is the owner of the property? Why?
HELD: B is the owner of the land, even if the sale to C was registered. This is so because at the time of the sale by the sheriff to C, A was no
longer the owner as he had already sold it to B. In Radiowealth Finance Co. vs. Palileo, G.R. No. 83432, May 20, 1991, it was held that under Act
No. 3344, registration of instrument s affecting unregistered land is without prejudice to a third party with a better right. The mere registration of
a sale in ones own name does not give him any right over the land if the vendor was not anymore the owner of the land, having previously sold
the same to somebody else even if the earlier sale was unrecorded.

TORRENS SYSTEM OF LAND REGISTRATION


ADVANTAGES:

1. Abolishes endless fees


2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures.
8. Keeps up the system without adding to burden of taxation; systems beneficiaries pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or loans within hours instead days
PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure

PERSONS BOUND WHEN TITLE NOT REGISTERED:

1.

Grantor

2.
3.

Heirs & devisees


Persons with actual notice

PROCEDURE IN LAND REGISTRATION :

1. Survey of land by Bureau of Lands or duly licensed private surveyor


2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority (LRA) the application, date of initial hearing & other pertinent docs
5. Publication of notice of filing of application, date & place of hearing in OG and in newspaper of general circulation
6. Service of notice contiguous owners, occupants & those who have interest in property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
10. Issuance of decree by RTC decision; Instruct LRA to issue decree of confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Sending of copy of decree to Register of Deeds (ROD)
13. Transcription of decree of registration in registration book & issuance of the owners duplicate original certificate of title of the
applicant by the LRA - upon payment of prescribed fees

(BAR)Subsequently to the original registration of a parcel of land bordering a river, its area was increased by accession. This additional area was
not included in the technical description appearing on the Torrens Certificate of the Title having been acquired subsequent to the registration
proceedings. May such additional area be acquired by third persons through prescription? Give your reasons.
HELD: Yes. Since the law refers to registered lands, the accession mentioned in this question may be acquired by a third person through adverse
possession or acquisitive possession. It is no protected by the Torrens system.

(1) Is title to registered land subject to prescription?


No, because no title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession. This is
due to the fact hat one it is registered under the Torrens system; it operates as a notice t the whole world. Everyone is bound by it.
(2) How about the right of the registered owner to recover possession, is it equally imprescritible? Why?
Yes. The right to ask for recoveyance from another who is holding it is equally imprescriptible. The reason is that, possession is a mere
consequence of ownership.
(3) What effect has he equitable principle of laches on the imprescriptibility of Torrens title?
While it is true that a title is imprescriptible, yet under certain exceptional circumstances, it may yield to the equitable principle of laches. If there
is inaction or utter neglect by the owner, and the intervention of rights by third parties may, for reason of equity, convert the claim of
imprescribility into stale demand. (heirs of Batiog Lacamen vs. Heirs of Laruan, L-27058, July 31, 1985).

2 or more claimants:
BAR:Between two (2) sets of claimants of real property, those claiming ownership by acquisition prescription, and those asserting ownership on
the basis of a deed of sale recorded in the certificate of the vendor as mortgagee and the highest bidder in a foreclose sale, who has a better right?
HELD: The latter has a better right, hence, the one who claims to have been in possession for 30 years does not enjoy recognition. Prescription
does not run against registered land. Under Sec. 47, P.D. No. 1529, no title to register shall be acquired by prescription or adverse possession. A
title, once registered, cannot be defeated even by adverse, open and notorious possession. The certificate of title issued is an absolute and
indefeasible evidence of ownership of the property in favor of the person whose name appears therein. It is binding and conclusive upon the
whole world. All persons must take notice and no one can plead ignorance of the registration. (Heirs of Leopoldo Vencilao, Jr. vs. CA, et al., G.R.
No. 123713, April 1998, 93 SCAD 339).

BAR:Which of the two (2) titles is superior: an earlier title secured administratively or a later title secured through judicial proceedings? Explain.
HELD: It is the person holding under the prior certificate who is entitled to the land as against the person who relies on the second certificate.
(Dir. of Lands vs. CA, 102 SCRA 370; Pajomayo vs. manipon, 39 SCRA 676; Legarda vs. Saleeby, 31 SCRA 590; INC vs. jon. Judge, L-35273,
July 25, 1994, 48 SCAD 303). Under the Property Registration Decree (P.D. No. 1529), upon the expiration of one year from the issuance of the
entry of the decree of registration, the said decree and the certificate shall become incontrovertible and indefeasible. (Sec. 32). This provision also
applies to titles acquired through homestead patents. (Lahora vs. Dayanghirang, 37 SCRA 346; Lopez vs. Padilla, 45 SCRA 44; Ramirez vs. CA,
30 SCRA 297).

BAR:X,Y,Z are co-owners of a parcel of land. If they want to have the land covered by a title, can X file an application by himself? ANS: All the
co-owners must file the application (Section 14 of P.D. No. 1529, otherwise known as the Property Registration Decree).
CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the Torrens System of registration by the government through road naming & declaring
owner in fee simple of property described therein free from all liens except those expressly noted
The purposes of the Torrens system are:

1)
2)

To avoid conflicts of title to real estate;


To facilitate transactions relating to land. (St. Dominic Corp. vs. IAC, June 30, 1987)

(BAR)What is the nature of a Torrens title issued on the strength of a homestead patent? Why?
ANS: As ruled in Heirs of Gregorio Tengco vs. heirs of Jose Alivalas, 168 SCRA 198, the rule is well-settled that an original certificate of title
issued on the strength of a homestead patent partakes of the nature of a certificate of title issued in a judicial proceeding, as long as the land
disposed of is really part of the disposable land of the public domain and becomes indefeasible and incontrovertible upon the expiration of one
year from the date of promulgation of the order of the Director of Lands for the issuance of paten. (Republic vs. heirs of Carle, 105 Phil. 1224
[1959]; Ingaran vs. Ramelo, 107 Phil. 498 [1960]; Lopez vs. Padilla, G.R. No. 27559, May 18, 1972, 45 SCRA 44). A homestead patent, once
registered under the Land Registration Act, becomes as indefeasible as a Torrens title. (Pamintuan vs. San Agustin, 43 Phil. 558 [1982]; El Hogar
Filipino vs. Olviga, 60 Phil. 17 [1934]; Duran vs. Oliva, 113 Phil 144 [1961]; Pajomayo vs. Manipon, G.R. No. 33676, June 30, 1971, 39 SCRA
676)
Indefeasibility of the title, however, may not bar the State, thru the Solicitor General, from filing an action for reservation.
The title to the property having become incontrovertible, such may no longer be collaterally attacked. If needed there had been any fraud or

misrepresentation in the title, an action for reversion instituted by the Solicitor General would be the proper remedy. (Sec. 101, CA 141, Dir of
lands vs. Jugado, G.R. No. 14702, May 21, 1961, 2 SCRA 32; Lopez vs. Padilla, supra; Rep. vs. CA, et al., G.R. No. 100709, Nov. 14, 1997, 89
SCAD 1)
(BAR)may there be a registration of a parcel of land already decreed in favor of another? Explain.
ANS: No. In Sps. Mariano and Erlinda Laburado, et al. vs. CA, et al., G.R. No. 101387, March 11, 1998, 92 SCAD 380, it was held that the land
registration court has no jurisdiction to order the registration of the land already decreed in the name of another in an earlier land registration
case. A second decree for the same land would be null and void (MWSS vs. CA, 215 SCRA 783; Pamintuan vs. Agustin, 43 Phil. 558) since the
principle behind original registration is to register a parcel of land only one. (PD No. 1529, Sec. 14; Duran vs. Oliva, 3 SCRA 154). An
application for registration of an already titled land constitutes a collateral attack on the existing title. (Cervajal vs. CA, et a., G.R. No. 98328,
October 9, 1997, 87 SCAD 828)
(BAR)What is the nature of issuance of a decree of registration? Explain.
ANS: The issuance of a decree of registrations part of the judicial function of the courts and is not a ministerial act which may be compelled by
mandamus. In Valmonte and Jacinto vs. Nable, 85 Phil. 256, it was said that after the rendition of a decision by a registration court, there remain
many things to be done before the final decree can be issued. Although the final decree is actually prepared by the Chief of the Land Registration
Office, an administrative officer, the issuance of the final decree can hardly be considered a ministerial act for the reason that said officer of the
court and so the issuance of a final decree is a judicial function and not an administrative one. (De los Reyes vs. De Villa, 48 Phil. 227)
PROCESS:

1.

Within 15 days from finality of order of judgment directing registration of title court to order LRA to issue decree of registration and
certificate of title

2.
3.

Clerk of court will send order of court & copies of judgment

4.
5.
6.
7.
8.

Send to ROD original & duplicate of title & certificate for entry in his registration book

Administrator to issue decree of registration & original & duplicate of OCT signed by Administrator, entered & file decree of
registration in LRA
Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
ROD to send notice to registered owner ready for delivery after payment of fees
ROD shall send duplicate & note on each certificate of title to whom it is issued
Original copy to be filed in ROD; bound in consecutive order

Legally defined, a certificated of title is the transcript of the decree of registration made by the Register of Deeds. (Phil. National bank vs. Tan
Ong Zse, 51 Phil. 317).

ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES:

1.
2.

Splitting or consolidation ordinary ROD level, no court involved


Subdivision plan approval of NHA, final approval of LRA, then ROD to issue memorandum that streets not to be disposed except by
way of donation to govt. shall be effected without approval of NHA

ANNOTATIONS AT BACK OF CERTIFICATE need court order, otherwise null & void

(BAR)the tile of a parcel of land was factiously transferred from A to B. then B sold it to C, who now has a title. The owner, A wants to recover it
from C contending that Bs title was void. Is the action of A proper? Why?
HELD: No, because it is a rule that the rights of innocent purchasers for value should prevail. Even assuming that the sale by B to the C was void,
being based on a fictitious transfer from A to B, the general rule that the direct result of a previous void contract cannot be valid, is inapplicable in
this case as it will directly contravene the Torrens system of registration.
Where innocent third person, relying on the correctness of the certificate of title thus issued, acquire rights over the property, the court cannot
disregard such rights and order the cancellation of the certificate. The effect of such outright cancellation will be to impair public confidence in
the certificate of title. The sanctity of the Torrens system must be preserved; otherwise, everyone dealing with the property registered under the
system will have to inquire in every instance as to whether the title had been regularly issued, contrary to the evident purpose of the law. Every
person dealing with the registered land may safely rely on the correctness of the certificate of the title issued therefor and the law will on no way
oblige him to go behind the certificate to determine the condition of the property. (Heirs of Benito Gavino, et al., vs. CA. et al., G.R. No. 0154,

June 29, 1998, 95 SCAD 358)


VOLUNTARY DEALINGS
OPERATIVE ACT registration by owner; if deed is not registered, it
is binding only between parties
PROCESS OF REGISTRATION:

1.

File instrument creating or transferring interest and certificate of title with ROD

a.
b.
c.
d.
2.
3.

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

ROD 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 WHILE IN
INVOLUNTARY DEALINGS: NO PRESENTATION REQUIRED; ANNOTATION IN ENTRY BOOK IS SUFFICIENT
BAR:May the Register of Deeds refuse to register a contract of sale on the ground that it is void? Why?
ANS: No, because the duty of the Register of Deeds is merely ministerial and mandatory in character. The main purpose of registration is to give
notice to the public, either actually or constructively.

FORMAL REQUISITES OF A DEED

1.
2.
3.
4.
5.
6.

Full name
Nationality
Place of residence
Postal address of grantee or other persons acquiring or claiming interest
Civil status
Whether or not corporation

1.
2.

ROD to keep an entry book day book

3.
4.
5.
6.

Fees of 5 pesos per document to be paid within 15 days

Enter in order of reception all deeds & voluntary instruments, write & processes re land -year, month, day, time, minute of
reception of instrument; Registered from time of entry
Note memorandum & sign & issuance of certificate
Documents are numbered & indexed & indorsed with reference to certificate of title public records
Subject to reasonable regulation

Cost borne by vendor

(BAR)Spouses A and B are registered owners of lot I consisting of 20,000 square meters, while spouses C and D are owners of lot
2. These lots are separated by a river. For a period of more than 40 years, the river overflowed its banks yearly and the property of the spouses
C and D gradually received deposits of soil from the effects of the current of the river so that an alluvial deposit of 29,000 square meters was
added to their lot, 11,000 square meters of which used to be part of lot 1 Spouses A and B contend that accretion should not extend to
registered land because to allow the spouses C and D to acquire title over the accretion will be in derogation of the indefeasibility of the
Torrens Title of spouses A and B. It this contention correct? Explain. (BAR 1989)
HELD: No, the contention of A and B is not correct because the registration under the Torrens Law does not protect the owner against the
diminution of his land through gradual changes due to the effects of the current of the river. The accretion will benefit C and D because the
acquisition of ownership of the accretion is by operation of law. The owner o the adjacent lot to the river need not even perform a positive act to
acquire it because the law itself confers ownership upon him. (Art. 457, NCC).
BAR:More than one year had elapsed since the issuance of the final decree of registration when a discovered that his land had been fraudulently
registered in the name of his B, his caretaker.What right of action if any, does A have and against whom? Explain.
ANS: A can file an action for reconveyance against B or for damages if the property has passed into the hands of an innocent purchaser for value.
Such action does not seek to review he decree of registration but is merely for the enforcement of a trust.

BAR:Melchor is the owner of a parcel of land adjoining the back of Padsan River in Dingras, Ilocos Norte. It is titled. The and has a total area of
5,000 square meters. After five (5) years, the land received an accretion of 700 square meters due to the natural current of the river.

a)

Who owns the accretion? Why?

b)

Is he accretion a part of title? Why?

c)

Suppose Mariano enters into possession of the accretion, can he acquire it by prescription? Why?

d)

What is the remedy of Melchor in order that the land may be covered by a title?

ANS:
a) Melchor is the owner of the accretion. Under the law, to the owner of the land adjoining the bank of a river belongs the accretion received by
such land provided that the following are complied with:

1)

It must be the result of the natural current of the river;

2)

The increase is gradual;

3)

The river must be continuous.

b) The accretion is not a part of the title because the title has a particular description which does not comprise the accretion.
c) Yes, Mariano can acquire the accretion by prescription because it is unregistered. His possession, however, must be of a period of 30 years as it
is in bad faith. (Jagualing vs. CA, G.R. No. 94283, March 4, 1991).
d) Melchor should file an independent application for land registration.
Buyer in Good Faith and For Value
BAR: Who is a buyer in good faith and for value?
ANS: He is one who buys property of another, without notice that some other person has a right to or interest in such property and pays a full and
fair price for the same, at the time of such purchaser or before he has notice of the claims or interest of some other person in the property. (De
Santos vs. IAC, 157 SCRA 295; Santos vs. CA, et al., G.R. No. 90380, Sept. 13, 1990).
Q- What is the meaning of actual fraud?
ANS: It is the intentional omission of fact required by law to be stated in the application or willful statement of a claim against truth. It may also
constitute specific acts intended to deceive or deprive another of his right, but lack of actual notice of the proceedings does not of itself establish
fraud. (Greg Alba vs. De la Cruz, 17 Phil. 49).

Q- A bought a parcel of land covered by TCT No. 0001 from B, but he failed to register the document. C was present when the parties signed the

contract, although he did not sign as a witness. one (1) year later, C bought the same property, registered the deed of sale and got a title. Did c
acquire a better right than B? Why?
ANS: No, because C was not a buyer in good faith because he had knowledge of a prior existing interest which was unregistered at the time he
acquired a right o the same land. His knowledge of that prior unregistered interest has the effect of registration as to him. The Torrens system
cannot be used as a shield for the commission of fraud. (Gustilon vs. Maravilla, 48 Phil. 442; Fernandez vs. CA, et al., G.R. No. 83141, sept. 21,
1990).
BAR:What is the remedy of the owner of a titled land in case it was registered fraudulently under the name of another? He can file an action for
reconveyance within 10 years, as the registrant is merely holding I as a trustee. The Torrens title cannot be a shield for fraud notwithstanding the
rule that registration is a constructive notice of title binding upon the whole world. (Pagkatipunan, et al., vs. IAC, et al., G.R. No. 70722, July 3,
1991; Pajarillo vs. IAC, 176 SCRA 340 [1989]).

BAR: If an owner of a titled property cannot recover the same because it has been sold to a buyer in good faith and for value, what would be his
remedy?
ANS: if an action for reconveyance based on constructive trust cannot reacj an innocent purchaser for value, the remedy of the defrauded party is
to bring an action for damages against those who caused the fraud or were instrumental in depriving him of the property. And it is now well
settled that such action prescribes within ten (10) years from the issuance of the Torrens title over the property. (Armerol vs. Bagumbaran, 154
SCRA 396, 407; Caro vs. CA, 180 SCRA 401, 407; Walstrom vs. mapa, Jr. 181 SCRA 431, 442; Pino vs. CA, et al., G.R. No. 94114, June 19,
1991).
Stolen Title
BAR: A stole the title of B and then forged the latters signature. He was able to transfer the title under his name. in case B discovers such act
of A, can he file an action for the recovery of the property? Yes. In the first question, B can recover the property for as long as it is still under as
name, because the title of a is void.Can A interpose the defense that a file has already been issued under his name? A cannot interpose the defense
that a title has already been issued because a title does not provide a shield for the commission of a fraudulent or illegal act. A never acquired a
valid title (Coronel vs. IAC, Oct. 1987; Pagkatipunan vs. IAC, et al., G.R.No. 70722, July 13, 1991; Republic vs. register of Deeds of Quezon,
G.R. No. 73974, May 31, 1995, 61 SCAD 498; Aonuevo vs. CA, G.R. No. 113739, May 2, 1995, 61 SCAD 30).
Suppose A already sold the land to C, a buyer in good faith and for value, who now has a title, can B still recover the land? Why?
HELD: No more because of the protection afforded to C, a buyer in good faith and for value by the Torrens system. Since the title of A appeared
to be clean, then C had to rely on the face of the title. Even on the assumption that As title was void, yet a void title can be the root of a valid title,
the moment it passes to the hands of a buyer in good faith and for value. For require him to look beyond the title is to defeat the primary objective
of the Torrens system. (Sps. Dio vs. CA, et al., G.R. No. 95921, Sept. 2, 1992; GSIS vs. CA, G.R. No. 56290, January 30, 1995, 58 SCAD 604)
There is, however, an exception to the rule that he can rely on the face of the title as when he has actual knowledge of the facts and circumstances
that would impel him as a cautious man to make an inquiry (Santos vs. CA, Sept. 13, 1990; Embrado vs. CA, G.R. No. 51457, June 27, 1994, 52
SCAD 414); or if he defects in the title are too glaring to escape the naked eye. (Lorenzana Food Corp. vs. CA, G.R. No. 105027, April 22, 1994,
50 SCAD 83).

Donation
Q- Ferdie donated a piece of property belonging to Meldy, Cory, the donee, was able to register the deed of donation and was able to secure a
title. Is the title valid? Why?
ANS: No, because a donor cannot lawfully convey what does not belong to him. (De Guzman, Jr. vs. CA, 156 SCRA 701). If at all, Cory merely
holds the property in trust for the true owner. While land registration is a proceeding in rem and binds the whole world, the simple possession of a
certificate of title under the Torrens system does not necessarily make the holder the true owner of the property described therein. Registration
does not vest title. It is not mode of acquiring ownership. (See also Avila vs. Tapucar, et al., G.R. No. L-45947, Aug. 27, 1991; Miranda vs. CA,
177 SCRA 303 [1989]; De Guzman, Jr. vs. CA, 156 SCRA 701).

Juridical and Alien Entities:


BAR:May a corporation acquire alienable lands of the public domain?
ANS: No, because the term, persons under P.D. No. 1529 does not include artificial persons.
2006 notes: nothwithstanding prohibition in the Constitution against private corporation holding lands of public domain except by lease not
exceeding 1000 hectares, still, a private corporation may institute confirmation proceeding under the Public Land Act sec 48b if at the time of
institution ,the land was already private.
2006 notes: A decision in a cadastral proceedings declaring the lad public does not bar a subsequent application for judicial confirmation of the
same land (for as long as the public land remains alienable and disposable)

BAR: XYZ Corporation acquired by purchase a parcel of land from A who has been in possession of the same since 1900. The acquisition was
made in 1988. Can the corporation file an original application for land registration?
ANS: Yes, because the land is no longer a part of the alienable lands of the public domain. The possession by A since 1900 or over 30 years
converted the land ipso jure into a private property, hence, divesting the land of its character as alienable land of the public domain. (Dir. of Lands
vs. IAC, Dec. 29, 1986; Magistrado vs. Esplana, G.R. No. 54191, May 8, 1990; Dir. of lands vs. IAC, G.R.No. 65663, Oct. 16, 1992; Republic vs.
CA, G.R. No. 108998, August 24, 1994, 54 SCAD 612).

BAR:May the Roman Catholic Church hold or own alienable lands of the public domain? Why?
ANS: Yes, because being a corporation sole, it is not covered by the prohibition against private corporations or associations from owning or
holding such alienable lands of the public domain. (Republic vs. IAC, 168 SCRA 165).

BAR:May an alien acquire private land in the Philippines? Why? Is the rule absolute? Explain.
ANS: As a general rule, an alien may not acquire private land in the Philippines. Public policy demands that land in the Philippines should be
exclusively owned by Filipinos.
The rule cited above is not absolute, because a former natural-born citizen of the Philippines who wishes to come and reside in the Philippines
may acquire private land in the Philippines subject to the following conditions:

1)
2)
3)
4)

Urban Land 5000 square meters;


Rural land 3 hectare;
The land must be for residential purposes;
He must have decided to stay in the Philippines as a balikbayan. (Sec. 8 art. XII, Constitution; B.P. Blg. 185; Republic vs. IAC, G.R.
No. 74170, July 18, 1989; Republic vs. CA, 54 SCAD 612 supra).

Q- Tiok Chua, a Chinese national and permanent resident of the Philippines, purchased a parcel of private land from Bernardo Cruz. Two (2)
years after the sale, he became a Filipino. Can the parcel of land be recovered by Bernardo Cruz on the ground that at the time of the sale Tiok
Chua was an alien? Why?
ANS: No more. While it is true that by reason of public policy, aliens cannot acquire land in the Philippines as the law reserves the ownership of
lands to Filipino only, yet the subsequent naturalization of Tiok Chua erased the public policy sought to be enforced. (Yap vs. Grageda, L-31606,
March 28, 1983). The rule is so because the land is now in the hands of a qualified person. (Vicente Godinez vs. Fong Pak Luen, L-36731, Jan 27,
1983; Vasquez vs. Li Seng Giap, 96 Phil. 447; Sarsosa Vda. De Barsobia vs. Cuenca, 113 SCRA 547; see also Rep. vs. CA, G.R. No. 108998,
Aug. 24, 1994, 54 SCAD 612, where it was held that a Filipino citizen who became a naturalized Canadian can register a parcel of land bought by
him while still a Filipino).

BAR:A, a Filipina, is married to B, an American. During their marriage, A purchased with conjugal funds a piece of real property and placed it
under the name A married to B. Without Bs consent, A sold the land, hence, b wants now to annul the sale because it was done without his
consent, contending that he is also an owner. Is the action proper? Why?
ANS: No, because B never acquired ownership over the land even if conjugal funds were used in acquiring the same. This is so because as an
alien, he is disqualified from acquiring residential land in the Philippines. (Sec. 7, Art. XII, 1987 Constitution; Cheesman vs. IAC, et al., G.R. No.
74833, Jan 21, 1991).

REGISTRATION PROCESS
WHO MAY APPLY:

1.

Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since
June 12, 1945 or earlier

2.
3.
4.

Those who acquired ownership of private land by prescription


Those who acquired ownership of private lands by right of accretion
Those who acquired ownership in any manner provided for by law

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:

1.

PRIVATE LANDS

a.
b.
c.
2.

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

a.
b.
c.

Lease for 25 years renewable


Limited to 1,000 ha.
Apply to both Filipinos & foreign cos.

FORM & CONTENTS OF APPLICATION

1.
2.
3.
4.
5.

In writing & signed by applicant or person duly authorized


Description of land
Citizenship
Civil status
Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION:

1.
2.
3.
4.
5.

Tracing cloth plan duly approved by the Director of Lands


3 copies of technical descriptions
3 copies of surveyors certificate
All original muniments of title
4 copies of certificate by city/provincial treasurer of assessed value of land

AMENDMENTS ALLOWED & NOT ALLOWED

1.
2.
3.

Substantial change in boundaries or increase in area - new technical description necessary need new publication & notice
Substitution of name of new owner file motion with court
Decrease the area file motion in court

MUNIMENT OF TITLE instruments or written evidence which applicant hold or posses to enable him to substantiate & prove title to his estate

TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:

1.
2.

Record instrument in ROD in same manner as if no application was made


Present instrument to RTC, motion praying that same be considered in relation to the pending application

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:

Register directly with ROD for purpose of canceling such title & issuing a TCT

REGISTRATION FOR UNREGISTERED LANDS

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 3 rd person prior to registration (limited effect to 3rd
parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
ROD keeps day book & a register; index system is also kept
Procedure:

1.

Presentment of instrument dealing in unregistered land

2.
3.

If found in order registered


If found defective registration is refused writing his reason for refusal

BAR:Where should the application for land registration be filed?


ANS: It should be field in the Regional Trial Court where the land is located. However, the Supreme court may delegate to the municipal court
the power to decide land registration cases if there are no controversies and where the value of the lot in question does not exceed P20,000.00. In
the City of Manila, only Branch 4 of the Regional Trial Court, NCR Manila, has jurisdiction over land registration cases.

BAR:Suppose he land is situated in two (2) provinces, where should he case be filed?
ANS: if the boundary has already been determined, and there are now plans or the two (2) provinces, then, file the same in each o the provinces.
However, if the land has been declared for taxation purposes in one province, then, file it in the said province provided that the boundary has not
yet been determined.

BAR: What are the distinctions between a decision in a land registration from that of a decree of registration?
ANS: The distinctions are:

(1)
(2)
(3)
(4)
(5)

A decision is rendered by the court; a decree of Registration is issued by the LRC;


A decision contains statement of facts;
A decision is signed by the judge; a decree is signed by the LRC;
A decision becomes final after 30 days; a decree, 1 year after issuance;
Grounds for review of a decision are found in Rule 37 or 38 of the rules of Court;

2006 notes: The ground for a review of decree is fraud and t must be filed within one year from issuance.

PUBLICATION, ANSWER & DEFAULT

NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY 14 days before hearing
HEARING within 7 days after publication in OG
not less than 45 not more than 90 days from date of order

BAR: Is newspaper publication of the notice of initial hearing in an original land registration case mandatory or directly? Why?
ANS: It is mandatory as shown by the use of the world shall. (Sec. 23, P.D. No. 1529). In Repubic vs. Marasigan, 198 SCRA 219, it was held
that the law requires notice of the initial hearing by means of: 10 publication, 2) mailing, and 3) posting, all of which must be complied with. If
the intention of the law were otherwise, said section would not have stressed in detail the requirements of mailing of notices to all persons named
in the petition who include owners of adjoining properties and occupants of the land. Indeed, if mailing of notice is essential, then by parity of
reasoning, publication in a newspaper of general publication is likewise imperative since the law included such requirement in its detailed
provision. (Dir. of lands vs. CA, et al., G.R. No.102858, July 28, 1997, 85 SCAD 92)

TO WHOM NOTICE MUST BE SENT:

1.
2.
3.

City/municipal mayor & provincial governor


Department of Agrarian Reform, Solicitor General & Director of Lands, Director of Fisheries, Director of Mines
Adjoining owners & those who have rights or interest thereto

REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor

GENERAL DEFAULT IS WHEN NO PERSON APPEARS AND ANSWERS WITHIN TIME PRESCRIBED WHILE
SPECIAL DEFAULT IS WHEN A PARTY APPEARS AT INITIAL HEARING WITHOUT HAVING FILED AN ANSWER AND ASKS COURT FOR TIME TO FILE
ANSWER BUT FAILED TO DO SO WITHIN PERIOD ALLOWED

BAR:What are the requirements of the answer/opposition to the land registration?


ANS: They are:

1)
2)
3)
4)

It must be in writing
It must set forth the objection;
It must state the interest of the opposing party; and
It must state the remedy desired.

BAR:Can the oppositor pray for affirmative relief that instead of the applicant he be declared the owner of the land?
ANS: Yes, because as an oppositor, he can pray that he be declared the owner of the land even if he s not an applicant. He must, however,
adduce evidence to prove his interest. (City of Manila vs. Lack, 19 Phil. 324).

HEARING & EVIDENCE


WHO CONDUCTS HEARING:
1. RTC
2. Refer to Referee - Commissioner
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL CONFIRMATION OF IMPERFECT
TITLE UNDER THE PUBLIC LAND ACT

2
3
4
5
6
7

There exist a title to be confirmed


Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
Risk to have application denied without losing land
Risk involves loss of land

BAR:What are the purpose of publishing the notice of hearing?


ANS: they are (1) to confer jurisdiction; and (2) to invite all parties concerned to appear in court to show cause why the prayer of said application
shall not be granted. (Sec. 23, P.D. No. 1529)

BAR:An application for land registration was filed by A covering 50 hectares. After the publication of the notice of hearing, A amended the
application to include another 20 hectares of land. Is there a need for republication? Why? Suppose the amendment included only 200 square
meters, is there a need for republication? Why?
ANS: If the amendment included 20 hectares, there is a need for the republication of the notice of hearing because the additional land is
substantial. However, if it is only 200 square meters, the amendment is not substantial, hence, there is no need for republication. The area can be
considered as encompassed in the phrase more or less

BAR: May the land registration court resolve issued other than those pertaining to land registration?
ANS: Yes. In Republic vs. Neri, et al., G.R. No. 57475, Sept. 14, 1992, the Supreme Court Said that P.D. No. 1529 has eliminated the distinction
between the general jurisdiction vested in the regional trial court and the limited jurisdiction formerly conferred upon it when acting merely as a
cadastral court. Thus, the court may resolve issues other than those strictly pertaining to land registration in cases (1) where the parties mutually
agreed or have acquiesced in submitting controversial issues for determination; (2) where they have been given full opportunity to present their
evidence; and (3) where the court has considered the evidence already of record and is convinced that the same is sufficient for rendering a
decision upon such controversial issues. (Se Vda. De Arceo vs CA, 185 SCRA 489 [1990]). To avoid multiplicity of suits, the Court can properly
determine the nature of a document in the land registration proceedings. (Ignacio vs. CA, et al., G.R. No. 98920, July 14, 1995, 62 SCAD 731).

JUDGMENT & DECREE

DECREE issued by LRA containing technical description of land; issued after finality of judgment

1.
2.

Decrees dismissing application


Decrees of confirmation and registration

3.
4.

Final 1 year after decree, unless there is an innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack and is deemed conclusive against the world

Put end to litigation


Purpose of Torrens system is protected

Amendment after 1 year is allowed - creation or extinguishment of new rights; inclusion of new owners not allowed

2006 notes:the effects of the entry of the decree of registration is that it binds the land and quiets title thereto.
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.
2.

Against loser
Against anyone unlawfully & adversely occupying

WHEN WRIT MAY NOT ISSUE: when party entered into property after issuance of final decree, is not an oppositor in registration proceeding, and
is in possession of land for at least 10 years
MEANS TO RECOVER POSSESSION:
1. Forcible entry

2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria

RES JUDICATA:

1.
2.
3.
4.

Former judgment must be final


Rendered by court having jurisdiction over subject matter & parties
Judgment on merits
Identity of parties, subject matter and causes of action

BAR:If an application for land registration is denied can the applicant refile it? Why?
ANS: Yes, because the dismissal is not res judicata, except if the dismissal is with prejudice. The denial of the application for registration means
that he has not furnished that kind of proof showing an absolute title in fee simple which is required under the law. (Hermanos vs. CA, G.R. No.
54472-77, Sept. 28, 1989). If his evidence can now show absolute ownership, he can refile the application.

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:

1.

MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment

a.
b.
c.

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

2.

APPEAL must be brought 15 days from notice of judgment

3.

REVIEW OF DECREE OF REGISTRATION

BAR:What are the requirements/elements for the remedy of a petition for review of the decree of registration?
ANS: They are:

(a)

The petition must be filed by a person claiming dominical or other real rights to the land registered in the name of the
respondent;

(b)

The registration of the land in the name of the respondent was procured by means of actual (not just constructive) fraud, which
must be extrinsic. Fraud is actual if the registration was made through deceit or any other intentional act of downright dishonesty
to enrich oneself at the expense of another. It is extrinsic when it is something that was not raised, litigated and passed upon in
the main proceedings;

(c)
(d)

The petition must be filed within one (1) year from the date of the issuance of the decree; and
Title to the land has not passed to an innocent purchaser for value. (Libudan vs. Gil, 45 SCRA 17 [1972]; Reblico vs. Arrelana,
30 SCRA 511 [1969]; RP vs. CA, G.R. No. 40402, March 16, 1987).

4.

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

5.

RECONVEYANCE action in personam; available so long as property not yet passed to innocent purchaser for value; bad faith or
with notice of defect

6.

RECOVERY FOR DAMAGES

a.
b.
c.
d.

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

BAR:Can the decree be reopened? On what ground?


ANS: Yes, on the ground of actual fraud, provided that it must be done within one (1) year from the issuance of the decree of registration.
After one (1) year, it becomes indefeasible and imprescriptible.Even before the lapse of one (1) year, if the land has already been sold to an
innocent purchaser for value, the decree can no longer be reopened.
POST REGISTRATION PETITIONS/MOTIONS

1.

LOST DUPLICATE CERTIFICATE

2.

Sworn statement that certificate is lost to be filed by person in interest with ROD
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is issued in place of lost certificate
(duplicate)
If false statement: complex crime of estafa thru falsification of public document

ADVERSE CLAIM IN REGISTERED LAND

Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement alleging his
right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant:Adverse to registered owner
Arises after original registration Cannot be registered under the land registration act
To be made on original certificate, to the duplicate is not necessary because no access to latter
Contracts of lease, contract to sell but prescription & money claims not allowed
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

BAR:May a Torrens title be collaterally attacked? Why?


ANS: No. the TCT or OCT cannot be questioned in an ordinary civil action for recovery of possession filed by the registered owner of said lot.
Such a defense partakes of the nature of a collateral attack against a certificate of title brought under the operation of the Torrens system. A
collateral attack on the TCT is not allowed on the ground of actual fraud. (Ybaez vs. IAC, g.r. No. 68291, March 6, 1991; Sec. 48, P.D. No.
1529).
A decree of registration and the certificate of title issued pursuant thereto may be attacked on the ground of actual fraud within one year from the
date of its entry and such an attack must be direct and not by collateral proceeding. The validity of a certificate of title can be threshed out only in
a action expressly filed for the purpose.(Ybaez va. IAC, supra)
A Torrens title, as a rule, is irrevocable and indefeasible and the duty of the court is to see to it that this title is maintained and respected unless
challenged in a direct proceeding. (Co. vs. VA, G.R. No. 93687, May 6, 1991).

3.

PETITION SEEKING SURRENDER OF DUPLICATE TITLE

4.

In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court may be filed to compel
surrender of certificate of title duplicate to ROD
After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall contain annotation
re annulment of old certificate

AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE

A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding
Entries in registration books not allowed to be altered except by order of court
Grounds:

1.
2.
3.
4.
5.
6.
7.

New interest not appearing on the instrument have been created


Interest have terminated or ceased
Omission or error was made in entering certificate
Name of person on certificate has been changed
Registered owner has married
Marriage has terminated
Corporation which owner registered land has dissolved and has not conveyed the property within 3 years after
its dissolution

What corrections are permitted in title (which does not include lands included in original; technical description as long as
original decree of registration will not be reopened and rights or interest of persons not impaired; old survey was incorrect;
substitution of name of registered owner)

2.
3.
4.

Alterations which do not impair rights and


Alterations which impair rights with consent of all parties
Alterations to correct obvious mistakes

BAR:May the owner of a building constructed on the land subject of registration oppose the registration of the land? Why?
ANS: No, but he can appear and manifest his ownership of the improvement, otherwise, the land, together with the improvement, shall be
registered because accessory follows the principal.
BAR:Suppose A applied for the registration of a parcel of land which was granted, and after the decree of registration was issued, B and C
entered into the premises, can the court issue a writ of possession against B and C? Why? If not, what is As remedy? Why?
ANS: A writ of possession cannot be issued against persons who occupied the land after the issuance of a decree of registration. This is because
they were not parties to the case. No one is allowed to take the law into his own hands. The remedy is to resort to the courts of justice and
institute a separate action for ejectment. Only after the judgment can the prevailing party secure a writ of possession. (Bemos vs. Hon. Nuevo, L58438, June 31, 1984)
5.

RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE

As consequence of war records have been destroyed


When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 consecutive issues and on main entrance of municipality at least 30 days before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to ROD
Lack of essential data fatal

BAR: What is the effect if a title is reconstituted but in fact it is not lost? Explain.
ANS: In strait times, Inc., vs. CA, et al., G.R. No. 126673, August 28, 1998, it was said that if a certificate of title has not been lost, but it is in
fact in the possession of another person, then the reconstituted title is void and the court that rendered the decision had no jurisdiction. (Serra vs.
VA, 195 SCRA 482; Demetriou vs. CA, 56 SCAD 589, 238 SCRA 158; New Durawood Co., Inc. vs. CA, 68 SCAD 473, 253 SCRA 740)

The reconstitution of a title is simply he reissuance of a new duplicate certificate of title allegedly lost or destroyed in its original form and
condition. (Rivera vs. CA, 61 SCAD 212, 244 SCRA 218). It does not pass upon the ownership of the land covered by the lost or destroyed title.
Possession of a lost certificate is no necessarily equivalent to ownership of the land covered by it. The certificate of tile, by itself, does not vest
ownership, it is merely an evidence of title over a SCRA 335; Republic vs. CA, 71 SCAD 665, 258 SCRA 712).
6.

TRANSACTION EVIDENCED BY LOST DOCUMENT HOW REGISTERED

ROD forbidden to effect registration of lost or destroyed documents


Steps by interested parties:

1.
2.

Procure authenticated copy of lost or destroyed instrument


Secure an order from court

FEES, OFFENSES, PENALTIES

In connection with original and subsequent registration of lands payable to Clerk of court, ROD, 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.
2.
3.
4.

Larceny
Perjury false statement under oath
Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in discretion of court
Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court

a.
b.
c.
d.
5.

Forging of seal in ROD, name, signature or handwriting of any officer of court of ROD
Fraudulent stamping or assistance in stamping
Forging of handwriting, signature of persons authorized to sign
Use of any document which an impression of the seal of the ROD is forged

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

ASSURANCE FUND
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 ROD 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 principal plus interest 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.
3.
4.

No negligence attributable to him


Claimant is barred from filing action to recover said land
Action to recover from assurance fund has not prescribed

LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:

1.
2.

Breach of trust
Mistake in resurvey resulting in expansion of area in certificate of title

LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:


1.Omission, mistake, misfeasance of ROD or clerk of court
2.Registration of 3rd persons as owner
3.Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4.Cancellation
AGAINST WHOM ACTION IS FILED:

1.

Action due to deprivation of land due to mistake, negligence, omission of ROD, etc ROD and National Treasurer as defendants; Sol-

Gen must appear

2.

Private persons involved should also be impleaded

LIABILITY:

1.
2.

Satisfy claims from private persons first


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:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:

1.
2.
3.

Any court of competent jurisdiction RTC in city where property lies or resident of plaintiff
Action prescribes in 6 years from time plaintiff actually suffered loss

If plaintiff is minor, insane or imprisoned has additional 2 years after disability is removed to file action notwithstanding expiration
of regular period
INVOLUNTARY DEALINGS
INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will

ATTACHMENT

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: a. Preliminary
b. Garnishment
c. Levy on execution

REGISTRATION OF ATTACHMENT/OTHER LIENS

1.

Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with ROD where land lies, containing
number of certificate of title of land to be affected or description of land

2.

ROD to index attachment in names of both plaintiff & defendant or name of person whom property is held or in whose name stands in
the records

3.

If duplicate of certificate of title is not presented:

a.

ROD shall within 36 hours send notice to registered owner by mail stating that there has been registration & requesting
him to produce duplicate so that memorandum be made

b.
c.

If owner neglects or refuses ROD shall report matter to court

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 ROD produces effect of registration already
EFFECT OF REGISTRATION OF ATTACHMENT:

1.
2.
3.
4.

Creates real right


Has priority over execution sale
But between 2 attachments one that is earlier in registration is preferred
If not registered actual knowledge is same as registration

DUTY OF REGISTER OF DEEDS

Basically ministerial but may refuse registration in ff circumstances:

1.
2.
3.

Title to land is not in the name of defendant


No evidence is submitted to show that he has present or possible future interest in land
Unless: heir

PROPERTIES EXEMPT FROM EXECUTION: FAMILY HOME

ATTACHMENT How continued, reduced or discharged

Any method sufficient in law


Document to be registered

1. EXECUTION SALE
-To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with ROD where land lies
-Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance
-To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE
-Sale of land for collection of delinquent taxes and penalties due the government
-In personam (all persons interested shall be notified so that they are given opportunity to be heard)
-Notice to be given to delinquent tax payer at last known address
-Publication of notice must also be made in English, Spanish & local dialect & posted in a public & conspicuous place in place wherein property
is situated & at main entrance of provincial building
-Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed
-Tax lien superior to attachment
-No need to register tax lien because it is automatically registered once the tax accrues
-But sale of registered land to foreclose a tax lien need to be registered
PROCEDURE OF REGISTRATION OF TAX SALE:

1.
2.
3.
4.

Officers return shall be submitted to ROD together with duplicate title

5.

Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled

Register in registration book


Memorandum shall be entered in certificate as an adverse claim or encumbrance
After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of
new one

ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION OF ADVERSE CLAIM

1.

Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no. of certificate of land, name of
registered owner, description of land in which right/interest is claimed signed & sworn to

2.
3.
4.

Statement shall be entitled to registration as adverse claim on certificate of title


Effective for 30 days from date of registration
After 30 days, may be cancelled by filing of verified petition by party in interest

5.

Any party may petition in court to cancel adverse claim


Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled

No 2nd adverse claim based on same ground shall be registered by same claimant

TRUST & POWER OF ATTTORNEY


TRUST obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him
2 KINDS:

1.
2.

Expressed need to be in writing; cannot be proved by parole evidence


Implied exist by operation of law; can be proved by parole evidence

a.
b.
c.
d.
e.
f.
g.

Property is bought but paid by another party


Donation is made but donee have no beneficial interest thereon
Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
Land passes by succession to a person but legal title is put in anothers name
2 persons purchase property but placed only in ones name
Guardian uses funds of ward to buy property
Property is acquired thru mistake or fraud

POWER OF ATTORNEY authority granted to a person to dispose ones property

TRUST DIFFERENTIATED FROM POWER OF ATTORNEY

1.
2.

Trust has 3 parties while power of attorney has 2 parties


Trust is for benefit of 3rd party while power of attorney is for benefit of principal

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 ROD

2.

Provided not prohibited to do so by instrument creating the trust

APPOINTMENT OF TRUSTEE BY COURT

Certified copy of decree shall be presented to ROD & surrender duplicate certificate
Cancel duplicate & new certificate shall be entered by ROD

ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST

Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon repudiation

REGISTRATION LIS PENDENS


PURPOSE: keep subject matter within the power of the court until the entry of final judgment --- therefore creates merely a contingency & not a
lien
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.

ROD duty bound to carry over notice of lis pendens on all new titles to be issued

CANCELLATION OF LIS PENDENS:

1.

Before final judgment court may order cancellation after showing that notice is only for purpose of molesting an adverse party or it
is not necessary to protect rights of party who caused it to be registered

2.
3.

ROD may also cancel by verified petition of party who caused such registration
Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION

Sufficient that there is entry in day book

OTHER PARTIES WHO NEED TO REGISTER:

1.

ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

Duty of the officer serving notice to file copy of notice to ROD where the property of debtor lies
Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of
copy of assignment with bankrupts certificate of title (duplicate)
New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS

2.

Order shall also be registered


Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate

GOVERNMENT IN EMINENT DOMAIN

Copy of judgment file in ROD which states description of property, certificate number, interest expropriated, nature of
public use
Memorandum shall be made or new certificate of title shall be issued

TRANSMISSION BY DESCENT/DEVISE
WHEN OWNER OF PROPERTY DIES testate or intestate,
Administrator shall file with ROD 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

WHEN JUDICIAL PROCEEDING NOT NECESSARY


Heirs may partition estate immediately & no need to be burdened with cost/expenses of an administrator

1.
2.

In absence of debts
Heirs are all of legal age

PARTITION/SETTLEMENT OF ESTATE

1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed with ROD
Each owner to give 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
2.

EXTRAJUDICIAL

a.
b.
c.

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 ROD
-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 ROD

-If there are 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

ORAL PARTITION, WHEN DEEMED VALID


-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
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with ROD a certified copy of his letters of administration or the will if there is a will in order that ROD may register
upon certificate a memorandum with reference to file no & date of filing

COURT AUTHORITY NEEDED IN ORDER TO SELL

1.
2.

May be dispensed with if will empowers him sell


Without authority first secured, heir may sell subject to result of pending administration

LEASE
LEASE - one of the parties deliver possession of property to another who is obliged to pay rent for use of such property

REGISTRATION OF LEASE

1.
2.
3.

File with ROD the instrument creating lease together with Owners Duplicate of certificate of title
ROD to register by way of memorandum upon certificate of title
No new certificate shall be issued

WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold cannot be registered
in the title thereof

EFFECT OF REGISTRATION:

1.
2.

Creates a real right but without prejudice to rights of 3rd persons


If not registered valid as between parties but not to 3rd persons without notice

REGISTRATION lessor not required to initiate; lessee shall initiate


ALIENS:

1.
2.

May be granted temporary rights for residential purposes


Limit: 25 years, renewable for another 25 years

WHO ELSE MAY REGISTER: Builder in Good Faith

REAL AND CHATTEL MORTGAGE

REAL ESTATE MORTGAGE


real property/real rights secures fulfillment of an obligation
KINDS:

1.
2.
3.
4.

Conventional agreed upon by parties


Legal created by operation of law
Judicial results from a judgment
Equitable pacto de retro in form but mortgage in essence

ESSENTIAL REQUISITES:

1.
2.
3.

Constituted to secure fulfillment of principal obligation


Mortgagor be absolute owner of thing mortgaged
Person constituting mortgage has free disposal of property

SPECIAL CHARACTERISTICS:

1.
2.
3.
4.
5.
6.

Subject matter is realty


Real right attaches to property wherever it is & whoever holds it
Accessory presupposes existence of valid principal obligation; cannot stand alone
Indivisibility even if debt is divisible; mortgage is not
Inseparability mortgage lien is inseparable from property
Retention of possession - mortgagor retains possession

PACTO DE RETRO EQUITABLE MORTGAGE

1.
2.
3.
4.
5.
6.

Price of sale with right to repurchase is usually inadequate


Vendor remains in possession as lessee or otherwise
Upon or after expiration of right to repurchase, another instrument extending period /granting new period is executed
Purchaser retains a part of the purchase price
Vendor binds himself to pay taxes on thing sold
Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation

EXECUTION & REGISTRATION

1.
2.

3.

Execution of deed in a form sufficient in law (public instrument)


Registration with ROD where the land lies & take effect upon registration

a.
b.
c.

Present deed of mortgage together with owners duplicate

d.

ROD to note on deed the date & time of filing & reference to volume & page of registration book in which it was
registered

Payment of fees
ROD shall enter upon original certificate of title & upon duplicate a memorandum date, time of filing, signature, file
number assigned to deed

No duplicate need be issued

SUBJECT MATTER

Real property plus all its accessions unless contrary is stipulated


Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid

FORMS:

1.
2.
3.

Private document void & inexistent


Public instrument but not recorded binding between parties but not 3rd persons without notice
Public document & registered valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE:


Yes

If being withheld by the owner, ROD notifies by mail within 24 hours to registered owner:

1.
2.

Stating that mortgage has been registered


Requesting that owners duplicate be produced so that memorandum be made thereof

Owner refuses to comply within reasonable time; ROD to notify court & court may enter order requiring owner to produce certificate

WHEN MORTGAGOR DIES

1.
2.
3.

Abandon security & prosecute his claim by sharing in general distribution of assets of the estate
Foreclose mortgage by making executor party defendant
Foreclose it in due time

4blue 95 Note: The election of one foreclose the others because multiplicity of actions is abhorred. (Veloso vs. heredia, 33 Phil. 306).
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

Real Mortgage

Chattel Mortgage

Subject matter is real property


Public document only
Right of redemption for 1 year
Deficiency can be recovered

Subject matter is movable


May be in private document provided there is affidavit of good faith
No right of redemption
Deficiency cannot be recovered

FORECLOSURE

1.

JUDICIAL

a.
b.

Mortgagee to petition in court for foreclosure

c.
d.
e.
f.
g.
h.

Notice & Publication

i.
j.
k.

After expiry of 1 year redemption period & no redemption, title is consolidated to new owner

Court to render order for debtor to pay sum due within 90 days and if not paid from date of service, property be sold at
public auction
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with ROD final decree of court confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the
certificate duplicate & original
Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
If there is redemption, memorandum to be annotated on certificate of title

BAR: X mortgaged his land to the Philippine National Bank (PNB) to secure a promissory note. He defaulted in the payment of the loan so that
the land was sold at public auction on January 20, 1960 for P3,500 with the PNB as the highest bidder. On January 20, 1970 X offered to
redeem the property in the amount of P3,500. He enclosed a postal money order for P1,000 as partial payment and stated that the balance is to be
paid in 12 monthly installments. The PNB then discovered that the sheriffs certificate of sale prepared after the public auction on the land was
not registered so that it caused the same to be registered on January 30, 1970. The PNB refused the offer of X contending that the offer to
redeem was beyond the one-year period provided under Act. No. 3135 and that it was not accompanied by an actual and simultaneous tender of
the PNB, X filed an action to repurchase on February 20, 1970. Will the action prosper? Give your reasons. (Bar 1989).
ANS: Yes, the action will prosper. The redemption period of one (1) year is to be counted from the registration of the sheriffs certificate of sale.
For this reason, the action has not yet prescribed. In fact, tender of the redemption price is not necessary because the filing of the judicial action to
enforce the right of redemption within the redemption period is sufficient.

BAR:In a judicial foreclosure of mortgage, is the right of redemption absolute? State the rules.
ANS: In a judicial foreclosure of mortgage, the period of redemption depends upon whether the order confirming the sale would state a period of
redemption. If it states so, then it shall commence from the date of the confirmation of sale. If it is not stated, then, there shall be no right of
redemption.
If there is no right of redemption, the title of the mortgagor shall be cancelled immediately and a title shall be issued in the name of the
mortgagee.

2.

EXTRA-JUDICIAL

Allowed only if stipulation between party authorizes extra-judicial foreclosure


Cannot be made legally outside of city where land lies
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 ROD:

a.

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

b.
c.
d.

Present in ROD where land lies

e.
f.

New certificate of title issued in favor of vendee

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 ROD the deed of sale & sworn statement attesting to fact that there is no redemption
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

RIGHT TO DEFICIENCY allowed

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY

1.

May be further alienated stipulation to contrary is void

2.

No need to secure permission of mortgagee


Understood unless prohibited in contract

Pactum commisorium not allowed

a.
b.
4.

If not recorded valid as to parties but not to 3 rd parties, right not protected against somebody who registers & procures
better right

May be further mortgaged stipulation to contrary is void

3.

Assignment must also be registered since registration is operative act to affect land

Property is mortgaged
There is stipulation for automatic appropriation

Discharge

Execute public document canceling or releasing mortgaged in form prescribed by law


Present instrument with ROD where land lies together with owners duplicate for registration
Memorandum of cancellation is annotated on duplicate & original

BAR:X and Y secured a loan from ABC Bank secured by a real estate mortgage over a parcel of land covered by a title. They failed to pay their
taxes during the existence of the loan, hence, they city treasurer levied on the land and scheduled it for auction sale. The city treasurer did not
send a notice to the bank. At the scheduled auction sale, it was sold to the highest bidder X and Y did not redeem the land after one year so the
treasurer executed a final deed o sale. When the bidder (buyer) filed a petition to require X and Y or the bank to surrender the title so that a new
title can be issued, the bank learned of the levy and asked the court to annul the tax sale, especially so that it was scandalously sold for only
P2,871.00 compared to the mortgage of P290,000.00. Had that bank been notified, it could have easily paid the tax delinquency. Rule on the
motion. Explain.
ANS: The bank is not correct. The mortgagee is not entitled as a matter of right to a personal service of notice to the delinquent taxpayer,
otherwise, it would vitiate the sale. This is because the sale does not operate to cancel or extinguish the pre-existing lien. The new title to be
issued in the name of Francisco must have an annotation of said mortgage lien. Neither will the inadequacy of the price vitiate the sale. While in
ordinary sales, for reasons of equity, the transaction may be invalidated due to inadequacy of price as to shock ones conscience, such does not
follow when the law gives to the owner the right to redeem, as when a sale is made at public auction upon the theory that the lesser the price, the
easier it is for the owner to effect redemption. So while the bank is not entitled to notice as to give it a chance to pay the delinquent taxes, it does
not lose its lien on the property as to give it a chance to get back what it has lent, together with interest. (Tiongco vs. Philippine Veterans Bank,
212 SCRA 176).
BAR:Give the distinctions between equity of redemption and right of redemption:
(1) In equity of redemption, the right is exercised before the auction sale, while in right of redemption, the same is exercised after auction sale;
(2) In equity of redemption, a check may be tendered as payment because the owner is exercising a right, while in right of redemption, a check
may not be tendered because he is performing an obligation.
CHATTEL MORTGAGE
CHATTEL MORTGAGE personal property is registered with ROD to secure performance of an obligation
SUBJECT MATTER: movables
DEED OF MORTGAGE: requires only description to enable parties & other persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
1.Execution of document
2.Payment of fees
3.ROD enters in DAY BOOK in strict order of their presentation chattel mortgages & other instruments relating thereto (primary process)
4.ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary
process)
EFFECT OF REGISTRATION:
1.Creates a lien attaches to the property whoever holds it; binding on subsequent purchasers
2.Constructive notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE void; criminal act
EFFECT OF FAILURE TO REGISTER:
-Valid between parties but void against 3rd persons
-If instead of registration, it is delivered it shall be a pledge & not chattel mortgage (if no chattel mortgage deed executed)
-Actual knowledge is same effect as registration

AFFIDAVIT OF GOOD FAITH: STATEMENT THAT


1.Mortgage is made to secure obligation specified
2.Valid & just obligation
3.Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
-Vitiates mortgage as against creditors & subsequent encumbrances
-Valid as between parties
-No need to be in public document

ASSIGNMENT OF MORTGAGE: NO NEED TO BE REGISTERED, PERMISSIVE ONLY & NOT MANDATORY


CANCELLATION OF CHATTEL MORTGAGE: MORTGAGEE TO EXECUTE A DISCHARGE OF THE MORTGAGE IN MANNER PROVIDED BY LAW

FORECLOSURE OF MORTGAGE
There must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1.Judicial
2.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 ROD where mortgage has been recorded
5.Officers return operates as a discharge of the lien created by the mortgage
6.Proceeds to be applied:
A.Cost of sale
B.Amount of obligation
C.Subsequent mortgages
D.Balance mortgagor
RECOVERY OF DEFICIENCY: Allowed
PUBLIC LAND & HOMESTEAD
PUBLIC LANDS all lands owned by the government

Inalienable and alienable


Inalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.


PROCEDURE:

1.
2.
3.
4.

Official issuing instrument of conveyance to issue instrument

5.
6.

Fees to be paid by grantee

File instrument with ROD


Instrument to be entered in books and owners duplicate to be issued
Instrument only contract between Government and private person and does not take effect as conveyance if unregistered, it is
registration which is operative act of conveying land; evidence of authority for ROD to register
After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE

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 through 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 different persons, one who bought
it for value and in good faith & one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:


Classification is exclusive prerogative of executive & not by judiciary
Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered
forms part of public domain (Regalian doctrine)
UNDER THE CONSTITUTION:

1.
2.
3.
4.

Agricultural only one subject to alienation


Forest or timber
Mineral lands
National park

UNDER THE PUBLIC LAND ACT:

1.

Alienable/disposable

a.
b.
c.
d.
2.
3.

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 have a distinct category; cannot be alienated but may be leased from government.
CONFIRMATION OF IMPERFECT TITLE:

1.
2.

Last extension granted by Government was until December 31, 2000 (area not exceed 12 hectares)
Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious
(OCEN) possession under bonafide claim of ownership since June 12, 1945.

a.

Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default on
their part provided they have occupied since their application

b.
c.

In OCEN possession since June 12, 1945 or earlier


Members of cultural minorities in OCEN who has claim of ownership for at least 30 years

2006 notes: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 COMPETENT TO QUESTION LAND GRANT


Persons who obtained title from State or through persons who obtained title from State
BAR:A was able to obtain a title over a property of public domain classified as timber land.Is the title valid? Why?No, because the property is not
a disposable land of the public domain. Ownership of such land is reserved to the State by the Constitution, hence a certificate of title covering
such timber and is void. (Republic vs. CA, G.R. No. L-40402, March 16, 1987, 148 SCRA 488)
Suppose he already sold it to B, a buyer in good faith and for value, can the State still recover it? Is the defense of prescription available? Why?
Yes, the State can still recover it because the title has always been void, even if it was sold to a buyer in good faith and for value. The action for
reversion is imprescriptible. (Republic vs. Animas, 56 SCRA 499). The reason for the rule is that, prescription does not run against the State.
Furthermore, if the title is void, an action to declare its inexistence does not prescribe. (Art. 1410, NCC).

BAR: May forest land be owned by a private person? Why?


ANS: No, as in fact, it is not subject to registration, and possession thereof, no matter how lengthy, cannot convert it into private property (citing
Vao vs. Govt. of P.I., 41 Phil. 161; Rep. vs. CA, 154 SCRA 476; Vallarta vs. IAC, 152 SCRA 679; Dir. of Forest Administration vs. Fernandez,
192 SCRA 121), unless reclassified and considered disposable and alienable. (Sps. Ignacio Palomo, et al., vs. CA, et al.,. G.R. No. 95608, Jan. 21,
1997, 78 SCAD 115).
If there were improvements by the one who acquired it, the improvements can be considered part of the reservation since he knew or should have
known that the land is inalienable.

DIRECTOR OF LANDS

1
2

Quasi-judicial officer

Empowered to alienate and dispose lands

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

MODES OF ALIENATING PUBLIC LANDS:

1.
2.
3.

Homestead settlement
Sale
Confirmation of imperfect or incomplete title

a.
b.

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
HOMESTEAD PATENT
WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:

1.
2.
3.

Deed of conveyance issued by government patent/grant


Registered with ROD mandatory: operative act to convey & transfer title
Actual physical possession, open & continuous

1
2
3

Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT

1.
2.

Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent
May not be opened one year after entry by LRA; otherwise, confusion, uncertainty & confusion on government system, of distribution
of public lands may arise & this must be avoided
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

AIM OF HOMESTEAD PATENT:

2
3
4

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:

1.
2.
3.
4.

Cannot be alienated within 5 years after approval of application for patent


Cannot be liable for satisfaction of debt within 5 years after approval of patent application
Subject to repurchase of heirs within 5 years after alienation when allowed already
No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious or charitable
purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources

EXCEPTIONS:

1.
2.

Action for partition because it is not a conveyance


Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO

1
2
3

Pari delicto rule does not apply in void contract


Violation of prohibition results in void contract
Action to recover does not prescribe

HOMESTEADER

If he dies, succeeded by heirs in the application

LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)

2
3
4

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

BAR:If a parcel of land covered by a homestead patent is sold, what is the period of redemption?
ANS: Every conveyance of land acquired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the
applicant, his widow, or legal heirs, within a period of five (5) years from the date of the conveyance. (Sucaldito vs. Montejo, G.R. No. 75080,
Feb. 6, 1991). The one-year redemption period under the Rules of Court shall be added to the five-year period.
The rule is designed for the protection of the owner or awardee.
With or without the provision in the deed of absolute sale giving the homesteader the right to repurchase the property, he is entitled to repurchase
the provision o law. (sec. 119, The Public Land Act or C.A. No. 141; Berin vs. CA, G.R. No. 7490, Feb. 27, 1991).
BAR:As father was the original homesteader of a parcel of land covered by a homestead patent on June 3, 1932. On April 27, 1958, As father
sold the said property to B. On July 15, 1962, As father died. On March 15, 1963, A sought to repurchase the property from B who refused. Can
A repurchase the property?
Yes. The law provides that every conveyance of land acquired under the free patent or homestead provision, when proper, shall be subject to
repurchase by the applicant, his widow, or legal heirs, within the period of five (5) years from the date of conveyance. The reason for the law is to
preserve and keep in the family of the homesteader that portion of land which the State gratuitously gave him. The right exists in the homesteader
and his heir. (Pascua vs. Talens, 89 Phil. 792).
BAR:Henry was granted a homestead patent on Jan. 2, 1985. On December 19, 1989, he sold it to Antonio. Is the sale valid? Why?
ANS: No, the sale is void, because the law prohibits the sale of the land covered by a homestead patent within five (5) years from the issuance of
the patent. Public policy demands that Henry must keep it because it was given to him by the State gratuitously so that he may have something to
till and maintain for his family.
BAR:Tony was granted a homestead in 1970. In 1990, he sold it to Artemio with the consent of the Director of Lands. Is the sale valid? Yes,
because the sale was outside the prohibition period of five (5) years. The public policy that is sought to be prescribed by the law does not exist
anymore.

BAR:A parcel of land was classified as pubic land suitable for fishpond development. Does the fact that It was transformed into a fully developed
fishpond not mean that it has its character as one declared suitable for fishpond purposes under P.D. No. 704, Sec. 4? HELD: No, It is settled
under the Public Land Law that alienable public land held by a possessor, personally or through his predecessor-in-interest, openly, continuously,
and exclusively for time. However, only public lands classified as agricultural are alienable and their possession, no matter how long continued,
cannot ripen into ownership. (republic vs. CA, et al., G.R. No. 122269, September 30, 1999, 113 SCAD 367).
May a forest land be acquired? Why?
ANS: No. Unless and until the land classified as forest is released in an official proclamation to that effect, so that it may form part of the
disposable agricultural lands of the public domain. The rules on confirmation of imperfect title do not apply. (Almeda vs. CA, G.R. No. 85322,
April 30. 1991).
Possession of forest lands, however long, cannot ripen into private ownership. A parcel of forest land is within the exclusive jurisdiction of the
Bureau of Forestry and beyond the power of the cadastral court to register under the Torrens system. (Dir. of Lands vs. Heirs of Tesalona, G.R.
No. 66130, Sept. 8, 1994, 55 SCAD 236).
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL

ORDINARY

Government

Private Individual

Private and Public

Private Lands

Party
Initiating
Subject
Matter
Government does not
Ownership assert ownership
Interested only in
settlement of titles
Government undertakes
survey and advances
Survey
expenses
In absence of successful
claimant, property goes to
government

Ownership is Asserted

On account of owner
Applicant has another
chance to claim is
dismissal is without
prejudice

CADASTRAL PROCEEDINGS

PURPOSE:

Another means to bring lands under operation of Torrens System


Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and accelerate
registration
Government initiates that all lands within a stated region are up for registration whether or not owners are interested to settle their
titles

NATURE OF PROCEEDINGS:

1
2
3

In rem
No defendant & no plaintiff
Compulsory

PROCEDURE:
1.

CADASTRAL SURVEY

2.

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

FILING OF PETITION

3.

In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be
settled and adjudicated

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

PUBLICATION OF NOTICE OF HEARING

Court to order date of hearing


4.

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 by law

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:

a.
b.
c.
d.
e.
f.
g.
h.
5.

Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where lot is located
Name of owners of adjoining lots
If in possession & without grant no of years in possession
If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots

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


Decree made basis for issuance of OCT
Decree is now being directly prepared and issued on regulation forms of such certificate

NATURE OF TITLE COVERED BY 2 ACTS:

Title in good faith & for value


Errors in plan do not annul decree of registration
Cancellation & correction are permitted

LAND ALREADY REGISTERED

Jurisdiction is limited only to correction of technical errors


Court cannot issue decree on land already decreed
Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be registered again in
name of another
Jurisdiction subsists to all incidental matters

WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED

10 years
Persons claiming title but were unable to file their claim even while in possession are granted right to petition for reopening of
proceedings provided such were not alienated, leased or disposed by government

CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION

Provisions of land registration act applicable to cadastral proceedings