LAND TITLE

Land: as an object, a real property

Regalian doctrine: All natural resources belong to the State, includes land.
2 fold view of title:
1. Ownership
How do you obtain ownership of land from the State?
2. Certificate of Title
How do you confirm and protect your ownership?
Transactions on registered land (titled)

CHAPTER 1 TORRENS SYSTEM AND PURPOSE, THE GOVERNING LAW, THE PROPER
COURT
1. Torrens System a system for registration of and under which, upon the landowners
application, the court may, after appropriate proceedings, direct the issuance of a certificate of title
-the system of registration under the Spanish Mortgage Law has been discontinued and law lands
granted which are not yet covered by a certificate of title issued under the Torrens system are
considered unregistered lands
-first introduced in Australia by Sir Robert Torrens in 1857
2. Purpose: to quiet title of land to put a stop forever to any question of the legality of the title,
except claims which were noted at the time of registration, in the certificate, or which may arise
subsequent thereto
1.)avoid possible conflicts of title in and to real property (quiet title)
2.)facilitate transactions relative thereto by giving the public the right to rely upon the face of the
Torrens certificate
- Tax declaration not reliable source of ownership, must be covered by Cert of Title before surveyor
surveys.
- most effective measure to guarantee integrity of land titles
Take Note: purpose is NOT the acquisition of land but only the registration of title
3. Nature of proceedings: Registration of lands throughout the Philippines shall be in rem and
shall be binding on the whole world because by the description in the notice To All Whom It May
Concern. It binds all persons known and unknown.
- in rem: direcred at the object itself, title is binding on the entire world.
4. Governing Law: PD1529 (Property Registration Decree) June 11, 1978
5. Related laws: - before Land Registration Law (Act No. 496) Feb 1, 1903
- Public Land Act (CA No.141) patents registered RofD, reconstitution
6. Jurisdiction: Regional Trial Court now have plenary jurisdiction over land registration
proceedings. Given the authority to act not only on applications for original registration but also
over all petitions filed after with power to hear and determine all questions arising upon such
applications or petitions.
7. Delegated Jurisdiction: Section 34 of Batas Pambansa Blg. 129 (Judiciary Reorganization Act
of 1980) Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may
be assigned by the Supreme Court to hear and determine cadastral or land registration cases
covering lots where there is no controversy or opposition, or contested lots, the value of which
does not exceed P100,000. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts.

CHAPTER 2 ADMINISTRATION OF TORRENS SYSTEM

2 ways to acquire: --- see flowchart
1. judicial proceeding RTC of place where land is located, may be other court if judge is slow,etc
2. administrative proceeding
2 Agencies:
1. Land Registration Authority agency of the government charged with the efficient execution
of the laws relative to the registration of lands, and is under the executive supervision of the DOJ.
-Headed by an Administrator and is assisted by 2 Deputy Administrators, all whom are appointed
by the President upon the recommendation of the Secretary of Justice

located near NSO in East Ave

the central repository of all titles

A. Function of the Authority:

a. extend speedy and effective assistance to DAR, and other agencies for land reform program

b. extend assistance to courts in ordinary and cadastral land registration proceedings, and
c. central repository of records relative to original registration of lands
B. Functions of the Administrator:
a. issue decrees of registration pursuant to final judgement
b. exercise supervision and control over all Registers of Deeds
c. resolve cases elevated on appeal from decision of Register of Deeds
d. exercise executive supervision over all clerks and personnel of CFI in relation to registration
e. implement all orders, decisions, and decisions relative to registration of lands, subj to DOJ Sec
f. verify and approve subdivision, consolidation and survey plans of properties titled under
PD1529, except those covered by PD957.
2. Register of Deeds constitutes a public repository of records of instruments affecting
registered or unregistered lands and chattel mortgages in the province or city wherein such office
is situated
-Appointed by the President upon the recommendation of the Secretary of Justice. And also, has
been in the practice of law for 3 years, and has been working for any branch of the government for
3 years the function of which include the registration of property
-assisted by a Deputy Register of Deeds, a member of the Philippine Bar and appointed by the
Secretary of Justice upon recommendation of the Administrator of the Authority

located in respective area

you must register, old title cancelled and new one issued in your name
* Registration in Register of Deed is binding to all even the court.

A.General Functions immediately register an instrument presented for registration dealing with
real or personal property which complies with all the requisites for registration
-He shall see to it that said instrument bears the proper documentary and science stamps and that
the same are properly cancelled
-prepares and keeps an index system which contains the names of all registered owners
alphabetically arranged, and all the lands respectively registered in their names
B.Ministerial character of duty to register instrument Register of Deeds is entirely precluded from
exercising his personal judgment and discretion when confronted with the problem of whether to
register a deed or instrument on the ground that it is invalid.
-The determination is a function that belongs to a court
C.When register of Deeds may deny registration of voluntary instruments
1.) Where there are more than one copy of the owners duplicate certificate of title and not all such
copies are presented to the Register of Deeds
-every copy must contain identical entries of transactions
2.) Where the voluntary instrument bears on its face an infirmity
3.) Where the validity of the instrument sought to be registered is an issue in a pending court suit
4.) When it is a private document. Section 112 of P.D. No. 152 provides that deeds of conveyances
affecting lands should be verified and acknowledged before a notary public or other public officer
authorized by law to take acknowledgement
Take Note: if the Register of Deeds is in doubt as to the proper action, he should submit the
question to the Administrator of the LRA
CHAPTER 3 ORIGINAL REGISTRATION UNDER P.D. NO. 1529
1. Requisites in ordinary land registration proceedings:
1.) Survey of Land by the Bureau of Lands or a duly license private surveyor
2.) Filing of application for registration by applicant
3.) Setting of date for the initial hearing
4.) Transmittal of the application and all documents or evidence by the Clerk of Court to the LRA
5.) Publication of a notice of filing and date and place of the hearing in the Official Gazette
6.) Service of Notice upon contiguous owners, occupants, and interested parties by the sheriff
7.) Filing of answer by any person whether named in the notice or not
8.) Hearing of the case by the Court
9.) Promulgation of judgment
10.) Issuance of the decree by Court declaring decision final and instructing LRA to issue a decree
11.) Entry of the decree of registration in the LRA
12.) Sending of copy of the decree to the Register of Deeds
13.) Transcription of the decree of registration in the registration book and issuance of the owners
duplicate original certificate of title by the Register of Deeds, upon payment of prescribed fees.
Note: a certificate of titled issued without fully complying with the above requisites are thus illegal
and invalid and may be cancelled by the courts
2. Who can be Applicants?
1.) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable lands of
the public domain under a bona fide claim of ownership since June 12, 1945 or earlier
-dont count the years when land was inalienable even if occupied
2.) Those who have acquired ownership of private lands by prescription under the provisions of
existing laws
3.) Those have acquired ownership of private lands or abandoned river beds by right of accession
or accretion under the existing laws
4.) Those who have acquired ownership of land in any other manner provided for by law
Others who may file:
1.) when the land is owned in common, all the co-owners shall file the application jointly
2.) where land is sold under pacto de retro, the vendor a retro may file, but should the period for
redemption expire during pendency, and ownership to the land is consolidated in the vendee a
retro, the latter should substitute the former in the proceeding
3.) a trustee on behalf of his principal, unless prohibited by trust

A. Acquisition under the Civil Code:

(1) Art.1137: Ownership and other real rights over immovables also prescribe through
uninterrupted adverse possession thereof for 30 years, without need of title or of good faith.
-this talks about ownership of private lands by prescription
-The following rules shall apply: (TIE)
1.The present possessor may complete the period by tacking his possession to that of his grantor
or predecessor-in-interest
2.The present possessor who was also the possessor at a previous time, is presumed to have
continued to be in possession during the intervening time in the absence f proof to the contrary
3.The first day shall be excluded and the last day included
(2) Article 457: to the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters. Requisites are the ff:
1.That the deposit be gradual and imperceptible
2. That it be made through the effects of the current of the water
3.That the land where accretion takes place is adjacent to the banks of rivers
- Alluvion must be the exclusive work of nature, not caused by human intervention
-Title is already vested in the riparian owner once accretion happens. He must only register it
-Accretion from the sea is part of public domain and outside the commerce of man
(3) Article 461:river beds through the natural change in the course of the water ipso facto belong
to the owners whose lands are occupied by the new course in proportion to the area lost.However,
the owners of land adjoining the old bed shall have the right to acquire the same by paying the
value thereof, which value shall not exceed the value of the area occupied by the new bed
B. Acquisition by other means:

a type of land grant constitutive of a fee simple title

2.) When Republic of the Philippines cedes reserved areas example would be UP
1.) By presidential proclamation

C. Persons who cannot file:

1.A public land sales applicant is not a proper party to file for registration of the same land covered
by his sales application

under administrative registration

-however, an applicant is not barred from pursuing his application although his predecessor-ininterest was a free patent applicant if the latter, at the time he filed such public land application,
had already acquired an imperfect title through continuous 30-year possession in the concept of an
owner
2.A mortgagee, or his successor-in-interest to the mortgage, cannot apply for the registration of
the land mortgaged, notwithstanding lapse of the period for the mortgagor to pay the loan secured
or redeem it (pactum commissorium which is invalid)

there must be a foreclosure proceeding

3.An antichretic creditor because his possession is not the concept of an owner but a mere holder
placed in possession of the land by its owner the debtor

mortgagee gets fruits of land of mortgagor to be applied to loan, payment comes from fruits of
land
4. a person or entity whose claim of ownership to land had been previously denied in a
reivindicatory action, and the right of ownership thereto of another upheld by the courts, cannot
apply for the same land in a registration proceeding
-res judicata applies, no registration of land without applicant being its owner

ejectment case lapses after 1 year accion publiciana (possession) accion reinvicatoria
(ownership)

3. Forms and Contents of Application: (Sec 15 of PD1529-see Appendix A of book)

It shall be in writing, signed by applicant, and sworn to before ay officer authorized. The
application shall contain the following:
1. Description of the land + Plan duly approved by Director of Lands and technical descriptions
2. Citizenship and civil status of the applicant
3. Assessed value of the land, based on the last assessment for taxation purposes
4. Mortgage or encumbrances of any kind, or names of interested persons. If none, state so.
5. Manner by which the applicant has acquired the land

muniments of title

6. Full names & addresses of all occupants & adjoining owners. If not known,state extent of search
7. State if there any claims to public or private roads which bound the land (Sec 20)
8. Court may require additional facts and papers. May also conduct an ocular inspection (Sec21)
-an application may include 2 or more parcels of land belonging to the applicant/s provided they
are situated within the same province or city
-an applicant who is not a resident must appoint a representative to file his application for him

A. Where to file

RTC of province or city where land situated, MTC if below P400,000.

- applicant shall also file together with the application all original muniments of titles or copies w
and a survey plan of the land approved by the Bureau of Lands
- Clerk shall not accept application unless shown that applicant furnished Director of Lands with
copy of the application and all annexes

now, not required to furnish, automatically done.

B. Ammendments to application and needed publication

publish OG and sometimes required newspaper

new publication not necessary if : (1) change in name (2) exclusion of portion of land
- Sec 18 allows the court, at any time, to strike out one or more parcels of land in application
- new publication and notice required if amendment consists in:
1. a substantial change in boundaries
2. an increase in the area of the land applied for; or
3. the inclusion of an additional land

3. the inclusion of an additional land

CHAPTER 4 JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER

Practical purpose: similar to original registration, same procedures

Good title = not owner, but good faith 10 years: ordinary acquisitive prescription
Imperfect title = possession in bad faith 30 years: extraordinary acquisitive prescription
3 Req: (1) Alienable and disposable (2) 30 years possession (before filing) (3) Possession since
PUBLIC LAND ACT

June 12, 1945 (need not be exact can be earlier), even if not yet declared alienable
1. Nature of Proceeding
- same proceedings as original registration, similarities include: (1) both against the whole world,
(2) nature of judicial proceedings, (3) decree of registration issued is conclusive and final (4)
governed by the same court procedure and law of evidence
2. Changes in law: now 30 years plus possession since JUNE 12, 1945
3. Extended Period for filing applications

now: till Dec. 31, 2020 <12 hectares

- RA9176: intention of lawmaker in extending is to give full opportunity to those who are qualified
under the law to own disposable lands of the public domain and thus reduce the number of
landless among the citizenry.
4.Limitation of Area Applied for
- RA 9176 shall only apply where the area applied for does not exceed 12 hectares

if more than 12 hectares, just file under original registration since no limit to area

5. Who may apply?

1.)Filipino citizens who by themselves or through their predecessor-in-interest have been in open,
continuous, exclusive and notorious (OCEN) possession of alienable and disposable public domain
since June 12, 1945, or even since time immemorial.
2.)Filipino citizens who by themselves or through their predecessor-in-interest have been prior to
effectivity of PD1073, in OCEN possession of agricultural land of public domain, under a bona fide
claim of acquisition of ownership for at least 30 years, or at least since January 24, 1947
3.)Private corporations or associations which had acquired lands, formerly part of alienable lands
of public domain, from Filipino citizens who had possessed the same in the same length of time in
numbers 1 and 2 (in other words, when corporation bought private land)
-a private corporation may apply for judicial confirmation of the land without need of a separate
confirmation proceeding for its predecessors-in-interest first.
4.)Natural born citizens of the Philippines who have lost their Philippine citizenship, who have
acquired alienable lands from Filipino citizens who had possessed the same in the length of time in
numbers 1 and 2 (in other words through succession or inheritance)

A. What applicant must prove

disposable (b) possession

see chapter on evidence, prove that: (a) alienable and

burden is on the applicant to prove positive averments

B. Meaning of the required possession = possession AND occupation (OCEAN)

Open patent, visible, apparent, notorious and not clandestine

Continuous uninterrupted, unbroken and not intermittent or occasional

Exclusive adverse possessor can show exclusive dominion and appropriation to own benefit

Notorious so conspicuous that it is generally known and talked of by the public

Adverse when use of land is open and notorious.

C. Effect of compliance with requirement
- when above conditions complied with, the possessor is deemed to have acquired, by operation of
law, a right to a government grant, without the necessity of a certificate of title being issued.
- land ceases to be part of public domain and beyond authority of the Director of Lands to dispose
- the application for confirmation is a mere formality, the lack of which does not affect sufficiency
of title, BUT only applies exclusively to public agricultural land which are alienable and disposable.
6. Private corporations or associations as applicants
- private corporations may not hold alienable lands of public domain, except by lease <1,000
hectares and < 25 years + renewable another 25 years.
- prohibition doesnt apply where at the time such corporation acquired land, its PII by OCEN
already acquired ownership: already private lands when the registration proceedings commenced,
as proceedings not originally converts but merely confirms such a conversion already affected by
operation of law.
7. Form and contents of Application

same material allegation as in original registration

8. Confirmation of title over land previously declared public land

- A judicial declaration that a parcel of land is public, does not preclude even the same applicant
from subsequently seeking a judicial confirmation of his title to the same land
CHAPTER 5 NON-REGISTRABLE PROPERTIES
Section 12 of the Constitution: All natural resources including lands owned by the State may not
be owned privately or by individuals except if agricultural lands.
Lands of Public Domain classified as:
Agricultural

only these can be registered!

(a) Agricultural (b) Residential (c) Commercial (d) Industrial

Mineral
Forest
Natural Parks
1. Civil Code provisions dealing with non-registrable properties
Properties of public dominion are not subject to private ownership.
1. for public use such as roads, canals, rivers, torrents, ports, bridges constructed by the State,

1. for public use such as roads, canals, rivers, torrents, ports, bridges constructed by the State,
banks, shores, roadsteads and others of similar character
2. belong to the State (res publicae) for public service or development of national wealth
- Also, waters are of public domain
A. Ex) public market, public plaza, municipal street or public bldgs, Roppongi property in Tokyo
2. Specific kinds of non-registrable lands:
A. Forest or timberland, public forest, forest reserves

not descriptive but legally defined as classified by government

1.

2.

power to classify or reclassify public lands into alienable or disposable lands

exclusive prerogative of the Executive Department and not the courts
in the absence of such classification, land remains unclassified
needs a positive act, not limited to an official proclamation by the President or by
an act of Congress, may be done by mere administrative orders issued by the
DENR Sec, and by the BF Classification Maps, for as long as the intention to
classify the land into alienable and disposable is clearly and positively manifest.
term forest land explained

does not lose such classification simply because loggers or settlers may have
stripped it

classification is descriptive of its legal nature and status and does not have to
be descriptive of what the land actually looks like

B. Mangroves swamps

filtering pollution, form part of public forests

C. Mineral lands
- possession of a mineral land, however long, does not therefore confer upon the possessor any
possessory right

what if it was a private land where in minerals are then discovered? Title is still valid but
mineral deposits are owned by the State (mineralized land)
D. Foreshore land and Seashore

may apply for foreshore lease

-foreshore: that part of the land which is between high and low water and left dry by the flux and
reflux of the tides
-even alluvial formation along seashore is part of public domain

Beach. If you want to use the beach to make a pier from your house to the ocean, you have to
get a foreshore lease from State

doesnt matter W/N navigable, ALL not registrable

-3 elements of a river: (1) the running waters (2) the bed (3) the banks only one nature
E. Navigable rivers, streams and creeks

- creek: recess or arm extending from a river and participating in the ebb and flow of the sea
F. Lakes
G. Military Reservations
H. Other kinds of reservations
- reservations for specific purpose. ex) medical center

1. authority to make reservation - President

2. Baguio Townsite reservation public domain and non-registrable
water from roots of trees on top of mountains

I. Watershed

- defense from soil erosion and guarantees steady supply of water

J. Grazing lands

pasture lands found in the mountains, part of forest reserve

st

nd

K. Previously titled land 1 title presumed valid, 2 decree null and void (Legarda v. Saleeby)
- except if older title fake and fraudulent (title of Araneta University)
L. Alluvial deposit along river when man made

avulsion if not natural movement of water belongs to the State

if land reclaimed: land of public domain, but government may declare alienable (PEA v. Amari)
CHAPTER 6 PUBLICATION, OPPOSITION, DEFAULT

FILING ORDER OF INITIAL HEARING Publication, Mailing, Posting INITIAL HEARING

- must be published and released before hearing!
1. NOTICE OF INITIAL HEARING (Sec 23)
After filing the application, the RTC after 5 days from filing must issue an order setting
the date and hour of the initial hearing which shall not be earlier not 45 days nor
later than 90 days (45<x<90)
Public shall be given notice (mandatory requirement) of the initial hearing of the
application for land registration by means of (1) publication (2) mailing and (3) posting
A. Publication
-the commissioner of LRA shall cause notice to be published once in the Official Gazette and once
in a newspaper of general circulation in the Philippines
-said notice shall be addressed to all persons appearing to have an interest in the land involved
(1) Purpose and effects of publication:
1.to confer jurisdiction over the land applied for upon the court, and
2. to charge the whole world with knowledge of the application, and invite them to take part in the
case and assert and prove their rights over the subject property.
-the jurisdiction attaches to the land, if it is later shown that registration was made to part of the
land without jurisdiction through publication, that decree of registration with regard to that piece
of land is null and void
-if the difference between the publication and the registered deed is not so substantial, then the

-if the difference between the publication and the registered deed is not so substantial, then the
decree is completely valid
-if during the proceedings, amendments are done to the original survey adding land not previously
included in the original plan should new publication be made.
-Conversely, if the amendment does not involve an addition, but contrary, a reduction of the
original area that was published, no new publication is required
-courts which have been validly acquired jurisdiction cannot be divested of such jurisdiction by a
subsequent administrative act
(2) meaning of proviso that publication of notice of initial hearing in the OG shall be
sufficient to confer jurisdiction upon court

not meant to dispense with mailing and by

posting, also publication in newspaper of general circulation still mandatory and imperative.
(3) Defective publication and effect
- A defective publication of notice of initial hearing deprives court of jurisdiction. Instances are:
1. What was published is a bigger area which includes lands subject of registration
- Application should contain the description of the land
- publication of specific boundaries of lands is what notifies interested parties.
- the adjoining owners of the bigger lot would not be the same as the owners of the smaller lots
subject of registration. Hence, notice to adjoining owners of the bigger lot is not notice to those of
the smaller lots
2. Where the actual publication of the notice was after the hearing itself
B. Mailing and Posting of Notice of Initial Hearing
(1) Persons and officials to whom notice given by mailing
-Commissioner of LRA shall cause a copy of the notice of initial hearing of the application to the ff:
1.)to every person named in the notice within 7 days after publication of said notice
2.)secretary of Public works and highways, Provincial Governor and to the Mayor of the
Municipality or city in which the land lies
3.)Secretary of Agrarian Reform, Solicitor General, Director of Land Management, Director of Mines
and/or Director of Fisheries and Aquatic Resources
4.)To such other persons as the court may deem proper
(2) Notice by Posting
-Administrator of LRA shall cause the Sheriff to post in a conspicuous place on each parcel of land,
and on the bulletin board of the municipal building 14 days before the date of the initial
hearing

(3) Proof of publication and notice

jurisdictional requirements for conclusive proof

- Certification of the Administrator of LRA and

- certification of posting of the Sheriff
2. OPPOSITION to application in ordinary proceedings

when: (1) before (2) during (3) after but with leave court = initial hearing
who: (1) those claiming ownership (2) who has interest (mortgagor)
-any person claiming an interest, whether named or not, may appear and file an opposition on or
before the date of initial hearing, or within such further time as may be allowed by the court
-the oppositor does not have to show title in himself, he should however appear to have an
interest in the property
- required to file an answer: a verified opposition
A. The oppositors
- need not be named in notice
- need not show title but must have interest (immaterial if interest is legal or purely equitable)
- the following may be proper oppositors:
1.a homesteader who had not yet been issued his title but who had fulfilled all the conditions
required by law to entitle him to a patent
2.a purchaser of friar land before the issuance of the patent to him
3.persons who claim to be in possession of a tract of public land and have applied with the Bureau
of Lands for its purchase
-however, a mere foreshore lessee of public land cannot be an oppositor, since he cannot be
considered an equitable owner of the land, right subordinate that of government
- owners of buildings and improvements on the land applied for should claim them. If such claim
is sustained by the court, the fact of ownership must be noted on the face of the certificate of title.

B. Contents and form of opposition

in writing, under oath and notarized

- failure to verify said pleading is not sufficient to divest the party from his standing in court
3. DEFAULT
-absent any oppositor, the court will then issue an order of default
A. Effects of Default
-where there is no opposition, all the allegations in the application are deemed confessed on the
part of the opponent.
-a defaulted interested person may however gain standing in court by filing a motion to set aside
the order of default, show that failure to answer was due to: (FAME)

Fraud

Accident

Mistake, or

Excusable neglect and that he has a meritorious defense.

B. When default order improper
-Where an oppositor has already filed with the court an opposition based on substantial grounds, it
is improper, even illegal, to declare him in default for failure to appear
-remedy to contest an illegal declaration or order of default is a petition for certiorari, not an
appeal
C. Motion to dismiss application
- In a land registration cases, motion to dismiss application or opposition is allowed even if not
provided for in LRA, since Rules of Court allows the application of the rules in a suppletory

provided for in LRA, since Rules of Court allows the application of the rules in a suppletory
character or whenever practicable and convenient.
- may dismiss on grounds of lack of jurisdiction, as lands sought to be registered had been
previously registered in the names of the oppositiors.
- on ground of res judicata, former judgment in a case of recovery of possession final. There is
identity of causes of action because in accion reivindicatoria possession is sought on the basis of
ownership and the same is true in registration cases. No matter if first case by court of general
jurisdiction, and second case in one of limited jurisdiction, such as a registration court. That both
courts should have equal jurisdiction is not a requisite of res judicata.
CHAPTER 7 EVIDENCE
1. Burden of Applicant
- all applicants must overcome the presumption that land is public domain, and to do this he must
present competent, clear, and persuasive evidence of private ownership or acquisition from the
government.
- basic rule: applicant must stand on the strength of his own evidence. He must submit evidence
to the court although no one appears to oppose his title and registration. He should not rely on
the absence or weakness of the evidence of the oppositors.
2. What the Applicant must prove
1. agricultural: alienable and disposable
2. identity of land
3. possession and occupation
4. if private ownership: muniments of title
3. Specific Evidences
A. Proofs land declassified from forest zone, alienable and disposable, and is registrable
1.)Presidential proclamation
2.)Executive order
3.)Administrative order issued by the Secretary of Environment and Natural Resources
4.)Bureau of Forest Development (BFD) Land Classification Map
5.)Certification by the Director of Forestry; and reports of District Forester
-mere recommendation of the District Forester for release of the land not evidence of such release
6.)Investigation reports of Bureau of Lands investigator
7.)Legislative Act, or by statute
B. Proofs NOT sufficient to establish declassification
1.)Survey plan, even if approved by the Bureau of Lands
2.)Conversion of land into fishpond and the titling of properties around it
3.)Land has become highly developed residential or commercial land
4.)Pasture lease permits
5.)Public grazing land within a forest reserve
6.)Certification by the Director of Forestry
C. Proofs on identity of land
1.)Survey plan in general

by geodetic surveryor

-must be approved by the Director of Lands

-shows its boundaries and total area clearly identifies and delineates the extent of the land.
2.)Tracing cloth plan and blue print copies of plan

get from surveyor

- to fix the exact or definite identity of the land as shown in the plan and technical descriptions

better to have 2 copies: (1) submitted to LRA (2) submitted as requirement to court
a. cases where mandatory requirement not strictly applied

-blueprint copy certified by LMB-DENR (Spouses Recto v. Rep)

-true certified copy of white paper plan suffices, since bore the approval of LRC and
approved by Bureau of Lands (Director of Lands v. CA)
b.cases where mandatory requirement strictly applied

respondents duty to retrieve tracing cloth plan from clerk to give to LRA and submit
court (Del Rosario v. Rep)
3.)Technical description of the land applied for, duly signed by a Geodetic Engineer

by surveryor, copied and placed on CTCT

4.)Tax Declarations mentions boundaries, though not precise, not real evidence of identity
- differences in description of land boundaries acceptable if logically explained
5.)Boundaries and area
-well defined boundaries will prevail over area, provided clear and convincing

D. Proofs of private ownership

now inadmissible! Deadline: August 16, 1976

2.)Tax declarations and realty tax payments if none, can rely on testimonial evidence
1.)Spanish titles in pending cases

-non conclusive evidence of ownership, but they are at least proof that the holder had a claim of
title over the property, also at best indicia of possession.
-but they become strong evidence of ownership when accompanied by proof of actual possession
of the property.
-cast doubts:Irregular payment, discrepancies in names of owners, and disparity in the size of land
- But mere failure to pay realty tax, does not warrant a conclusion of abandonment of property
3.)Presidential issuances and legislative acts
4.)other kinds of proof:
- Testimonial evidence
- Deeds of sale (muniments of title)

NAMRIA (National Maps in Fort) they have all maps of Philippines, even classification maps
E. Proofs NOT sufficient to establish private right or ownership
1.)compromise agreement
2.)decision in an estate proceeding of a predecessor-in-interest of an applicant which involved a
property of a decedent who had no transmissible right
3.)A survey plan, even if approved
F. Possession as mode of acquiring ownership
(1) Effect of possession
-OCEN, by operation of law becomes private property
-not enough to declare a mere conclusion of law, must state factual evidence of possession,
present specific facts that would show such nature of possession.
(2) Start of requisite period
- It is only the date it was released as an agricultural land for disposition that the period of
occupancy for purpose of confirmation of imperfect or incomplete title may be counted
- BUT vested right if possession of lands for 30 years or more antedates classification as forest
(3) Tacking of possession to that of predecessor
- applies only when there is privity between the successive possesors
G. Insufficient Proof of possession; negating circumstances
1.)mere casual cultivation of portions of land
2.)tax declaration (in name of oppositor, or belated)
3.)possession by mere tolerance
4.)did not present predecessor as witness or tenant not able to identify land
-no proof of possession of predecessor
5.)failure of fiscal to cross-examine the applicant
6.)the possession of other persons
7.)declaring uncultivated land for taxation purposes and visiting it once in a while
CHAPTER 8 HEARING, JUDGMENT AND POST-JUDGMENT INCIDENTS IN ORDINARY
LAND REGISTRATION
1. Speedy hearing, reference to a referee, order of trial

even if no oppositor, applicant must still present evidence

The trial court must dispose of the case within 90 days from date of submission thereof for
decision
-may refer to a referee who shall hear the parties and their evidence, and the referee shall submit
his report to the court within 15 days after termination of such hearing
-the court in its discretion may accept the report, or set it aside in whole or in part
2. Res Judicata may also bar the proceedings. Requisites:
a. the former judgment must be final
b. must have been rendered by a court with jurisdiction over the subject matter and of the parties
c. judgment on the merits
d. there must be identity of parties, of subject matter, and cause of action
(1) decision in a cadastral proceeding if no final adjudication, no res judicata.
(2) final judgment in ordinary civil action if ownership of land, same party and property, res
judicata applies.
3. Judgment in a case where only a portion of the land subject of registration is contested, the
court may render partial judgment, provided submits to court a subdivision plan showing
contested and uncontested portions approved by the Director of Lands.
-if the applicant asserts ownership to and submits evidence only for a portion of a lot, the inclusion
of the portion not claimed by the applicant is void
A. Only claimed property or portion thereof can be adjudged
- Inclusion of portion not claimed by applicant is void and no effect since court has no jurisdiction.
B. Where portions of a land are covered by public land patents

land patent (title): should file for cancellation for title, only after can file for application of reg.

- if covered by titles based on homestead, free or sales patent, court cannot invalidate them
C. Reports of Administrator of LRA and the Director of Land Management
the duty of LRA officials to render reports is not limited to the period before the courts decision
becomes final, but may extend even after its finality but not beyond the lapse of 1 year from the
entry of the decree
D. In whose name registration of land may be made

winner of case or buyer

-Dealings while land pending: Applicant may sell the land during pendency of the proceeding
because the proceeding recognizes him as the owner. The buyer may be a stranger to the case,
the only requirements for the decree to be issued to the buyer is that: 1.) that the instrument be
presented to the court by the interested party together with a motion that the same be considered
in relation with the application and 2.)that prior notice be given to the parties to the case

applicant already owner and therefor may sell even pending litigation.
deed of sale must be presented to court by either buyer or applicant.
If sale involves whole land, buyer substitutes (advisable but not mandatory)
any 3 party interest (mortgage) must be made known to the judge
if not known, buyer or interested party may not run after land, but just for damages or estafa.
rd

3.Finality of judgment

15 calendar days (including Sat and Sun) after the receipt of decision, becomes final
provided by the Decree is to the lapse of 15 days counted from receipt of the notice of
judgment. If an appeal is taken from the judgment of the lower court, the 15 day period should be
reckoned from receipt of notice of judgment of the appellate court
A. Receipt of Solicitor General, not by Fiscal, binds the government
- Court orders and decisions sent to the Fiscal, acting as the agent of the Solicitor General in land
registration cases, are NOT binding until they are actually received by the SolGen
B. Retained control of the courts
-Notwithstanding the lapse of 15 day period, the court continues to retain control of the case until
the expiration of 1 year after the entry of decree
- As long as a final decree has not been entered by LRA, the period of 1 year has not elapsed, the
title is not finally adjudicated and decision remains under control and sound discretion of court
C. When Court has to issue order(or decree) of registration
-After the judgment directing the registration of title to the land has become final, the court shall,
within 15days from entry of judgment, issue an order directing the Administrator to issue the
corresponding decree of registration and certificate of title
The clerk of court shall within 15days send to the Administrator certified copies of the judgment
Note: the court may nonetheless still issue said order even beyond that period so as not to
prejudice the adjudged owner. Reason for this is that the judgment is merely declaratory in
character and does not need to be enforced against an adverse party. Furthermore, issuance of
decree is a ministerial duty of both judge and LRA. Decree issued pursuant to such judgment even
after the lapse of 10 years not void, since not under Statute of limitations or laches.
5. Remedies where records are lost or destroyed
- If records are lost and not reconstituted pursuant to law, the parties are deemed to have waived
the effects of the decision rendered in their favor and their only alternative is to file an action anew
for the registration in their names of the lots in question
- If the records of the trial court are intact and only the records in the appellate court were
destroyed, then the rule is: The parties should go back to the next preceding stage where records
are available, but not beyond that
- Burden to reconstitute the same is on the parties who are interested in preserving alleged rights.
6. Post Judgment Incidents
A. Writ of Possession

Sheriff serves it to trespasser, if still doesnt leave, cited for contempt and writ of demolition is
implemented by the sheriff and police.
- a mere post-judgment incident that is governed by special rule.
-Judgment of ownership to successful applicant impliedly carries with it the delivery of possession
of subject land, since right of possession is inherent in that of ownership.
-a writ of possession may be issued not only against the person who has been defeated in a
registration case but also against anyone unlawfully and adversely occupying the land
-pendency of a reconveyance suit between same parties and land not a bar to issuance of writ
- no period of prescription for its issuance
(1)When writ may not be issued
When parties against whom a writ of possession is sought have been in possession of the land for
at least 10 years, and they entered into possession apparently after the issuance of the final
decree, and none of them had been a party in the registration proceedings, the writ of possession
will not issue. They cannot be ousted without giving them their day in court.
- the proper remedy can be a separate action for unlawful entry or detainer,or reivindicatory action

action for ejectment, but no need to file this if you can prove 3

rd

parties are connected to losing

party.
- writ cannot be issued in a petition for reconstitution of allegedly lost or destroyed certificate of
title

because reconstitution does not involve issue of ownership

(2)Remedy when there is refusal to vacate land despite writ

- may be charged and punished with contempt

- may be charged and punished with contempt

B. Writ of demolition
- a complement of the writ of possession, without which the latter would be ineffective
CHAPTER 9 CADASTRAL REGISTRATION PROCEEDING

There are 2 methods of land registration (1) Judicial (2) Administrative

There are 3 ways for Judicial acquisition: (1) Original Registration (2) Confirmation of Imperfect
title and (3) Cadastral Registration

owners do not make the first move, since they usually belong to poor people of society
(homesteader, patent)no money to file application or survey, so government files in court to settle

an act of generosity by government: they adjudicate to settle titles for these settlers
procedure: (1) publication of survey, in the presence of people who are supposed owners
(2) government files with court, notice of hearing, mailing and posting

1. Nature of cadastral proceeding

- in rem and against everybody, judgment binding on the whole world
- involuntary since initiative in filing is by the government
- objective similar to ordinary reg: adjudication of title to lands. The effects of the decrees is the
same as obtaining by virtue of the ordinary land registration proceeding
2. Cadastral survey preparatory to filing petition
- steps and safeguards to be taken by both the Director of Land Mgmt and geodetic engineers
1.)When in the opinion of the President of the Philippines public interest so requires, he may order
the Director of Land management to cause a cadastral survey of the land, and plans and technical
description prepared in due form.
2.)Director of Land Management shall give notice of day of survey to persons claiming any interest
in the lands as well as the general public

once in the Official Gazette (not required in newspaper

of general circulation) and posted in a conspicuous place on the bulletin board of municipal
building. Copy of notice also sent to mayor, barangay captain, and Sangguniang Bayan.
3.)Geodetic Engineers shall give notice in advance before the survey shall take place. Such notice
shall be posted in the Bulletin board and shall mark the boundaries of the lands by monuments.
Lawful for geodetic engineers and other employees to enter land when necessary.
4.)Every person having interest must communicate with the Geodetic Engineers
5.)Any person who interferes shall be punished by a fine<P1000, or imprisonment<1 year, or both
3.Petition
A. Contents
-Instituted by the Director of Land Management, represented y the Solicitor General, in the RTC
where the land is located
B. Notice of initial hearing
(1) By publication shall cause notice thereof to be published twice, in successive issues of the
Official Gazette, in English language
(2) By mailing LRA administrator within 7 days after publication cause a copy of the notice to
be mailed to every person named therein, Mayor and Provincial Governor
(3) By posting in a conspicuous place upon the chief municipal building at least 14 days

4. Answer to petition

a type of fill in the blanks kind of form making it easier for the applicants to answer and reply
- claimant required to appear before the court by himself or by authorized person in his behalf and
to file an answer on, before, or after (with leave of court the date of initial hearing.
- answer shall state, if unmarried or married (spouse, date of marriage, nationality, residence and
postal address)
- also contain the ff. details: (a) age (b) cadastral number of lot or block/lot numbers (c) name of
barrio (d) names and addresses of adjoining lot owners (e) length and manner of possession (f)
interest, time and manner of acquisition (g) last assessed value for tax (h) encumbrances
- the answer in a cadastral case partakes of an action to recover title, as real rights are involved
5. Motion to dismiss
- land covered by public land patent cannot be the subject of cadastral proceedings, and title
issued thereon to another person is null and void.
- similar to original registration proceedings: grounds may be lack of jurisdiction, or res judicata

6. Hearing; Judgment; Decree

A. Trial procedure and evidence
-Rules of Court is applicable to both ordinary land registration and cadastral cases
- Burden of proof is on claimant.
- 3 actions taken after trial by cadastral court:
(1) decree of court judgment adjudicating ownership of land in favor of one or more claimants

(1) decree of court judgment adjudicating ownership of land in favor of one or more claimants
(2) declaration by court that decree is final and its order for the issuance of CoT by LRA.
(3)registration of the decree by LRA and issuance of corresponding CoT.
B. Scope and limitations of jurisdiction
-the cadastral court is not limited to merely adjudicating ownership in favor of one or more
claimants. If there are no successful claimants, the property is declared public land
-the cadastral court may also:
(1)order the correction of the technical description of the land
(2)resolve as well the priority of over-lapping titles
-the cadastral court has no authority to award a land or property to persons who have not put any
claim to it and have asserted any right of ownership therein.
C. Finality of judgment; its effects
-appeal also within 15 days from notice of judgment
-after judgment, may issue writ of possession or even a complementary order of demolition
7. Reopening of cadastral cases no longer allowed
-Courts are without jurisdiction or authority to reopen a cadastral proceeding since Dec 31, 1968

so just try to file for an administrative proceeding

1 | Land Titles Midterms Reviewer

J. WONG