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CIVIL LAW

PURPOSES: [QUIP-CC]

Land Titles and Deeds


LAND TITLE is the 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 is the 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.

Capitol Subdivision, Inc. v. Province


of Negros Occidental, 7 SCRA 60
(1963)

Necessarily includes:
1. The name of the Grantor
2. The name of the Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
FEE SIMPLE
Absolute title;
perpetuity.

absolute

estate

1. To quiet title to the land and to


stop forever any question as to the
legality of said title
2. To relieve the land of unknown
claims
3. To guarantee the integrity of land
titles and to protect
their
indefeasibility once the claim of
ownership is established and
recognized
4. To
give
every
registered
owner complete peace of mind
5. To issue a certificate of title to
the owner which shall be the best
evidence of his ownership of the
land
6. To avoid conflicts of title in and to
real estate

in

Land is conferred upon a man and


his heirs absolutely and without
any limitation imposed upon the
state.

LAND REGISTRATION is a judicial or


administrative proceeding whereby a
persons claim over a particular land is
determined and confirmed or recognized
so that such land and the ownership
thereof may be recorded in a public
registry.
Purposes:
1. To quiet title to land and to stop
forever any question as to the
legality of said title;
2. To provide a means of publication
TORRENS SYSTEM is a system for
registration of land under which, upon
the landowners application, the court
may, after appropriate proceedings,
direct the issuance of a certificate of
title.
Legarda v. Saleeby, 31 Phil 590 1915

The registration of property is to:


(1) avoid possible conflicts of title in and
to real property, and
(2) facilitate transactions relative thereto
by giving the public the right to rely upon
the face of the Torrens certificate of title
and to dispense with the need of
inquiring further,
EXCEPT when the party concerned has
actual knowledge of facts and
circumstances that should impel a
reasonably cautious man to make such
further inquiry.
NATURE OF TORRENS SYSTEM
Judicial in character and not
merely administrative
Proceeding is in rem (binding upon
the whole world)
CONCEPT OF TORRENS SYSTEM
Does not create or vest title
Only confirms (does not confer)
ownership
TORRENS TITLE is a certificate of
ownership issued under the Torrens
System, through the Register of Deeds,
naming and declaring the owner of the
real property described therein, free
from all liens and encumbrances except
such as may be expressly noted there or
otherwise reserved by law.

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GENERAL
RULE: A title once
registered cannot be impugned,
altered,
changed,
modified,
enlarged, or diminished
EXCEPTION: Direct proceeding
permitted by law, usually for the
protection of innocent third persons

PROBATIVE
VALUE
TORRENS TITLE

OF

If in bad faith and


without just title:
30
years
continuous
possession
is
required
Only available if
the
land
possessed
is
public land that is
alienable
and
disposable

THE

Torrens Title may be received in


evidence in all courts in the
Philippines, and shall be conclusive
as to all matters contained therein,
principally as to the identity of the
land owner except so far as
provided in the Land Registration
Act.

A
property
registered under
the provisions of
PD 1529 is not
subject
to
prescription

TYPES OF TORRENS CERTIFICATES


OF TITLE:
1. Original Certificate of Title- the
first title issued in the name of the
registered owner by the Register of
Deeds (ROD) covering a parcel of
land which had been registered by
virtue of a judicial or administrative
proceeding.
2. Transfer Certificate of Title- the
title issued by the ROD in favor of
the transferee to whom the
ownership of the already registered
land had been transferred by virtue
of a sale or other modes of
conveyance.
MODES OF ACQUIRING TITLE:
1. Public Grant

A conveyance of
public land by
government to a
private individual

2.
Acquisitive Must be OCEN: in
Prescription
open, continuous,
exclusive,
and
notorious
possession
If in good faith and
with just title: 10
years
uninterrupted
possession
is
required

3. Accretion

Prescription
is
unavailing not only
against
the
registered owner,
but also against
his
hereditary
successors
Requisites:
1. The deposit of
soil or sediment
be gradual and
imperceptible;
2. It is the result of
the current of the
waters (river/sea);
and
3. The land where
accretion
takes
place is adjacent
to the banks of
rivers or the sea
coast

Accretion to
registered
lands
need
new
registration

No human
intervention

The current
causing
the
alluvial
deposit

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must be from a
river. If it is from
the
sea,
the
deposit will pertain
to
the
state.
(Government of
the
Phils.
v.
Cabangis, 53 Phil
112 [1929])

Filling
of
submerged land
by deliberate act
and reclaiming title
thereto

4. Reclamation

Must be initially
owned
by
government

May
be
subsequently
transferred
to
private owners
5.
Voluntary Private grant
Transfer

Voluntary
execution of Deed
of Conveyance

Contractual
relationship
between
the
parties
Consensual
6.
Involuntary No consent from
Alienation
the owner of the
land

Forcible
acquisition by the
State

(Certificate
of tenant-farmers
Land Ownership
Award)
Such grant is not
transferable
except
by
hereditary
succession

GENERAL RULE:
- Land registration proceedings and
all
petitions
after
original
registration of titles are filed with
the RTCs of the province or city
where the land or a portion or it
lies.
SM Prime Holdings vs. Angela
Madayag (2009, Nachura):
Presidential
Decree
(P.D.)
No.
1529 eliminated the
distinction between the general
jurisdiction vested in the RTC
and the latters limited jurisdiction
when acting merely as a land
registration
court.
Land
registration courts, as such, can
now hear and decide even
controversial and contentious
cases, as well as those involving
substantial issues. It may,
therefore, hear and determine all
questions that arise from a
petition for registration.
EXCEPTIONS:
When the case involves:
1. Lots without controversy or
opposition
2. Contested lots where the value
does not exceed P100,000.00, in
which case, the MTC has
jurisdiction.
LAWS
IMPLEMENTING
REGISTRATION
1.
2.

7. Descent
Devise

or
Hereditary
succession to the
estate
of
deceased owner

3.
4.
5.

8. Emancipation To ameliorate
Patent/
Grant the sad plight of

LAND

Property Registration Decree (P.D.


1529, as amended)
Cadastral Act (Act 2259, as
amended)
Public Land Act (Commonwealth
Act 141, as amended)
Emancipation Decree (P.D. 27, as
amended)
Comprehensive Agrarian Reform
Law of 1988 (R.A. 6657, as
amended)

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RA NO. 8371 (IPRA)
The Indigenous Peoples Rights
Act (IPRA) recognizes the rights of
ownership and possession of
indigenous cultural communities to
their ancestral domains and lands
on the basis of native title, and
defines the extent of these lands
and
domains.
It
expressly
converts ancestral lands into public
agricultural lands, and individual
members
of
the
cultural
communities shall have the option
to secure title to their ancestral
lands under the CA 141 or PD
1529.
NOTE: The IPRA still refers to the Land
Registration Act and not the Property
Registration Decree, which bolsters the
argument that the former was not
repealed by the latter.
I. Original Certificate of Title or OCT

It is the first certificate of title


issued in the name of a registered
owner by the Register of Deeds
covering a parcel of land which had
been registered under the Torrens
System, by virtue of judicial or
administrative proceedings.

II. Transfer Certificate of Title


The subsequent certificate of title
pursuant to any deed of transfer
or
conveyance
to
another
person. The Register of Deeds
shall make a new certificate of
title and given him an owners
duplicate certificate. The previous
certificate (need not be an OCT)
shall be stamped cancelled.
ADMINISTRATION OF THE TORRENS
SYSTEM
1.

LAND
REGISTRATION
AUTHORITY (LRA)
Agency charged with the
efficient execution of the laws
relative to the registration of
lands, under the executive
supervision of the DOJ
Consists of an Administrator
assisted
by
2
Deputy
Administrators

FUNCTIONS OF THE LRA: [SAC]

1. Extend speedy and effective


assistance to the Dept. of Agrarian
Reform, the Land Bank, and other
agencies in the implementation of
the land reform program of the
government
2. Extend assistance to courts in
ordinary
and
cadastral
land
registration proceedings
3. Be the central repository of records
relative to original registration of
lands titled under the Torrens
system, including the subdivision
and consolidation plans of titled
lands
2. REGISTER OF DEEDS (ROD)
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;
Headed by the Register of
Deeds, assisted by a Deputy
FUNCTIONS OF THE ROD: [IPDI]
1. Immediately register an instrument
presented for registration dealing
with real or personal property which
complies with the requisites for
registration
2. Shall see to it that said instrument
bears the proper documentary and
science stamps and that the same
are properly cancelled
3. If the instrument is not registerable,
he shall deny the registration
thereof and inform the presentor of
such denial in writing, stating the
ground or reason therefore, and
advising him of his right to appeal
by consulta in accordance with
Sec.117 of PD 1529
4. Prepare and keep an index system
which contains the names of all
registered owners and lands
registered
Baranda v. Gustilo, 165 SCRA 757
(1988)
The function of the ROD with
reference to registration of deeds,
encumbrances, instruments, and
the like is ministerial in nature.
Ledesma v. Villasenor, 13 SCRA 494
(1965)
It is enough that in the RODs
opinion an instrument is registrable
for him to register it. The act being

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an administrative act does not
contemplate notice to and hearing
of interested parties.
Almirol v. ROD of Agusan, G.R. No. L22486, March 20, 1968
The determination of whether a
document is valid or not is a
function that belongs to a court of
competent jurisdiction, and not to
the ROD.
Balbin v. ROD, 28 SCRA 12 (1969)

Instances when the ROD may


validly deny registration of a
voluntary instrument:
1. Where there are more than 1
copy of the owners duplicate
certificate of title and not all
such copies are presented to
the ROD;
2. Where
the
voluntary
instrument bears on its face
an infirmity;
3. Where the validity of the
instrument sought to be
registered is in issue in a
pending court suit;
a. Notice of pending suit
must be given to parties;
b. Registration
may
be
suspended.

Gallardo v. IAC, 155 SCRA 248 (1987)

The ROD may also refuse to


register a private document since
Section 112 of PD 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.

NOTE: When the ROD is in doubt as to


the proper action to take on an
instrument or deed presented to him for
registration, he should submit the
question to the Administrator of the LRA
en consulta (Section 117, PD 1529)
NON-REGISTRABLE PROPERTIES
Article 420 NCC

1. Those intended
for public use,
such as roads,
rivers,
torrents,

ports and bridges


constructed by the
State,
banks,
shores,
roadsteads,
and
others of similar
character;
2. Those which
belong
to
the
State,
without
being for public
use,
and
are
intended for some
public service or
for
the
development of the
national wealth.
Arts. 5 & 6, Water 1.
Rivers and
Code (PD 1067 )
their natural beds;
2. Continuous or
intermittent waters
of springs and
brooks running in
their natural beds
and
the
beds
themselves;
3.
Natural lakes
and lagoons;
4.
All other
categories
of
surface
waters
such as water
flowing over lands,
water from rainfall
whether natural or
artificial, and water
from
agriculture
run-off,
seepage
and drainage;
5.
Atmospheric
water;
6.
Subterranean
or ground water;
7. Seawater;
Found in private
lands:
8. Continuous or
intermittent waters
rising on such
lands;
9.
Lakes and
lagoons naturally

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waters rising on
such lands;
10. Rain water and
falling on such
lands;
11. Subterranean
or ground waters;
and
12.
Waters
in
swamps
and
marshes
Regalian
Forest
or
Doctrine
under timberland, public
the 1935, 1973, forest,
forest
and
1987 reserves
lands,
Constitution
mineral lands

Bureau of Forestry v. CA, 153 SCRA


351 (1987)
As provided for under Sec. 6 of CA
141, which was lifted from Act
2874,
the
classification
or
reclassification of public lands into
alienable or disposable, mineral, or
forest lands is now a prerogative of
the Executive Department of the
government and not the courts.
With these rules, there should be
no more room for doubt that it is
not the court which determines the
classification of lands of the public
domain into agricultural, forest or
mineral but the Executive Branch
of the government through the
Office of the President.
Republic v. Vera, 120 SCRA 210
(1983)

A parcel of forest land is within the


exclusive jurisdiction of the Bureau
of Forestry and beyond the power
and jurisdiction of the cadastral
court to register under the Torrens
System.

Republic v. Heirs of Felipe Alejaga,


Sr. 393 SCRA 361 (2002)
The State has an imprescriptible
right to cause the reversion of a
piece of property belonging to
the public domain if title has
been acquired through fraudulent
means.
Republic v. Southside Homeowners
Association Inc. (SHAI), G.R. No.
156951 & 173408, Sep. 22, 2006

FACTS:
Proclamation No 423 which established
a military reservation known as Fort
William McKinley, later renamed Fort
Bonifacio Military Reservation, was
issued by former President Carlos
Garcia.
Areas specified in the
Proclamation were withdrawn from sales
and settlements and were reserved for
military purposes. Several presidential
proclamations would later be issued
excluding certain defined areas from the
operation of Proclamation 423.
What is mainly sought to be declared as
a nullity in this petition is the title over
the parcels of land that are referred to
as JUSMAG housing are in Fort
Bonifacio being occupied by active and
retired military officers and their families.
SHAI, a non-stock corporation organized
mostly by wives of AFP military officers,
was able to secure title in its name over
the bulk, if not the entire, JUSMAG area.
The TCT was issued by the Rizal
Registry on the basis of a notarized
deed of sale purportedly executed by
then Land Management Bureau Director
Abelardo Palad Jr. The investigation
conducted by the DOJ, however,
reported land scams at the FBMR and
also finding that the signature of Palad
was forged.
In 1993, then Pres Ramos ordered the
OSG to institute an action towards the
cancellation of TCT.15084 in SHAIs
name as well as the title acquired by the
Navy Officers Village Association
(NOVA) over a bigger parcel of land
within the reservation.
ISSUE:
Whether the land sold was alienable.
HELD:
NO. As regards the issue of
inalienability, the Court upheld the
contention of the Republic that the
JUSMAG area is inalienable, the same
having not effectively been separated
from the military reservation and
declared as alienable and disposable.
Until a given parcel of land is released
from its classification as part of the
military
reservation
zone
and
reclassified by law or by presidential
proclamation
as
disposable
and
alienable, its status as part of a military
reservation remains, even if incidentally

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it is devoted for a purpose other than as
a military camp or for defense. SHAI had
not pointed to any proclamation or
legislative act for that matter segregating
the property from the reservation and
classifying the same as alienable lands
of public domain. Furthermore, the
Constitution
also
forbids
private
corporations from acquiring any kind of
alienable public land except through
lease for a limited period. The whole
conveyance
process
was
also
suspicious since the whole process was
accomplished only in one day.

b.

c.

d.

e.

TYPES OF REGISTRATION:
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER
PD 1529 is a proceeding brought before
the RTC (as a land registration court) to
determine title or ownership of land on
the basis of an application for
registration or answer by a claimant in a
cadastral registration
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary by
filing with the proper court;
application by the private individual
himself
2. Administrative/Involuntary/Cadas
tral compulsory registration
initiated by the government
PROCEDURE IN ORDINARY LAND
REGISTRATION:
(SFD-TP-SAHJDECT)
1. Survey of land by the Bureau of
Lands or a duly licensed private
surveyor
a. Survey plan must be duly
approved by the Director of
Lands.
2. Filing of application for registration
by the applicant
a. With all muniments of titles
and copies thereof with
survey plan approved by
Bureau of Lands
MUNIMENTS
OF
TITLE are instruments
or written evidence
which applicant holds

or possesses to enable
him to substantiate and
prove title to his estate
Always filed at the RTC of
the place where land is
situated
Indorsed to the MTC if there
is no controversy over the
land or if its value is less than
P100,000.00
In cases of delegated
jurisdiction to the MTC,
appeal is directed to the CA
If land is situated between
boundaries of 2 provinces,
application must be filed:
When boundaries are not
defined: in the RTC of the
place where it is declared
for taxation purposes;
When boundaries are
defined: Separate plan
for each portion must be
made by a surveyor and
a separate application for
each lot must be filed
with the appropriate RTC

3. Setting of the date of initial hearing


of application by the RTC
a. Within 5 days, set hearing
45-90 days from date of
order
4. Transmittal of the application and
the date of the initial hearing, with
all the documents or other
evidences attached thereto, by the
Clerk of Court to the LRA
5. Publication of notice of the filing of
the application and the date and
place of the hearing in the Official
Gazette

The three notices required


are mandatory.
a. Publication of notice of
initial hearing
i. Once in the Official
Gazette (this confers
jurisdiction upon the
court)
ii. Once in a newspaper of
general circulation

Purpose of publication:

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To confer jurisdiction
over the land applied
for upon the court;
To charge the whole
world with knowledge
of the application of
the land involved, and
invite them to take
part in the case and
assert and prove their
rights over the subject
land

b. Mailing
Within 7 days after
publication of said notice
in the OG, mailing of
notice to:
i. Persons named in the
notice
ii. Sec.
of
Public
Highways, Provincial
Governor, and Mayor,
if
the
applicant
requests to have the
line of a public way or
road determined
iii. Sec.
of
Agrarian
Reform,
Solicitor
General, Director of
Lands, Director of
Fisheries,
and
Director of Mines, if
the land borders on
a river, navigable
stream, or shore, or
on an arm of the sea
where a river or
harbor lies
iv. Other persons as the
court
may
deem
proper
c. Posting
Posting in conspicuous
place on subject land and
on bulletin board of
municipal building at least
14 days before initial
hearing
6. Service of notice by the sheriff
upon
contiguous
owners,
occupants and those known to
have interests in the property
7. Filing of answer to the application
by any person whether named in
the notice or not

9. Promulgation of judgment by the


Court
10. Issuance of the decree declaring
the decision final and instructing
the LRA to issue a decree of
confirmation and registration
DECREE issued by LRA
after finality of judgment;
contains technical description
of land.
i.

Decrees dismissing
application
ii. Decrees
of
confirmation
and
registration
iii. Subject only to appeal
11. Entry of the decree of registration
in the LRA
12. Sending a copy of the decree of
registration to the corresponding
ROD
13. Transcription of the decree of
registration in the registration book
and issuance of the owners
duplicate original certificate of title
to the applicant by the ROD upon
payment of the prescribed fees
NOTE:
Non-compliance with the
requisites will make the Certificate of
Title (CT) issued invalid and cancellable
by the courts.
WHO MAY APPLY IN ORDINARY
REGISTRATION
PROCEEDINGS
UNDER PD 1529: [OPAL]
1. Those who by themselves or
through
their predecessors-ininterest have been in open,
continuous, exclusive, notorious
possession of alienable
and
disposable lands of the public
domain under a bona fide claim of
ownership since June 12, 1945 or
earlier
2. Those who acquired ownership of
private land by prescription under
the provisions of existing laws
3. Those that acquired ownership of
private lands or abandoned river
beds by right of accession or
accretion under the existing laws

8. Hearing by the court


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4. Those
who
have
acquired
ownership of land in any manner
provided for by law
NOTE: All these persons must be
natural-born Filipino citizens. However,
by way of exception juridical persons
may apply for registration of leased
agricultural and disposable lands not
exceeding 1,000 hectares in area for a
period of 25 years and renewable for
not more than 25 years (Sec. 3,
Article XII, 1987 Constitution), and
except when the land has been
previously acquired by prescription by a
natural person and subsequently
transferred to a juridical entity (in this
case, a corporation may apply for
judicial confirmation of title).
LIMITATION TO OWNERSHIP
LAND BY CORPORATION:

OF

3. Private Land
a. At least 60% Filipino (Sec.
7,
Article
XII,
1987
Constitution)
b. Restricted as to extent
reasonably necessary to
enable it to carry out
purpose for which it was
created
c. If engaged in agriculture, it
is
restricted
to1,024
hectares.
4. Patrimonial Property of the State
(Sec.
3, Article XII, 1987
Constitution)
a. Lease (CANNOT own land of the
public domain) for 25 years
renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign
corporation
PERSONS WHO CANNOT PROPERLY
FILE
AN
APPLICATION
FOR
REGISTRATION OF LAND: [PMAP]
1. Public land sales applicant
admits he is not the owner in his
application
2. Mortgagee or his successor-ininterest to the mortgage when
mortgage is assigned (partum
commissaries)
3. Anticrethic creditor since he
holds not in the concept of an
owner

4. 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
is upheld by the courts
FORM OF THE APPLICATION, (Sec.
15, PD 1529)

In writing
Signed by the applicant or person
duly authorized in his behalf
Sworn to before an officer
authorized to administer oath for
the province or city where the
application was actually signed
If there is more than 1 applicant,
they shall be signed and sworn to
by and in behalf of each.

CONTENTS OF APPLICATION, (Sec.


15, PD 1529): [D-CAEM-ARF]
1. Description of the land applied for
together with the buildings and
improvements; the plan approved
by Director of Lands and the
technical descriptions must be
attached
2. Citizenship and civil status of the
applicant
If married, name of
spouse, and
If the marriage has been
legally
dissolved,when
and how the marriage
relation was terminated
3. Assessed value of the land and
the
buildings
and
other
improvements based on the last
assessment for taxation purposes
4. Mortgage
or
encumbrance
affecting the land or names of
other persons who may have an
interest therein, legal or equitable
5. Manner of acquisition of land
6. Full names and addresses of all
occupants of the land and those of
the adjoining owners, if known,
and if not known, the applicant
shall state the extent of the search
made to find them
7. If the application describes the
land as bounded by a public or
private way or road, it shall state

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whether or not the applicant claims
any portion of the land within the
limits of the way or road, and
whether the applicant desires to
have the line of way or road
determined (Sec. 20, PD 1529)
8. The court may require facts to be
stated in the application in addition
to those prescribed by the Decree
not inconsistent therewith and may
require the filing of additional
papers
9. If the applicant is a non-resident of
the Philippines, he shall file an
instrument appointing an agent
residing in the Phil's. and shall
agree that service of any legal
process shall be of the same legal
effect as if made upon the
applicant within the Philippines
(Sec. 16, PD 1529)
WHERE TO FILE APPLICATION
GENERAL RULE: RTC of the
province or city where the land is
situated.
-

File together with application all


original monuments of titles or
copies thereof and a survey plan
of the land approved by the
Bureau of Lands
PD 1529 has eliminated the
distinction between the general
jurisdiction vested in the RTC and
the limited jurisdiction conferred
upon it by the former law when
acting merely as land registration
court.
Aimed
at
avoiding
multiplicity of suits, the change has
simplified registration proceedings
by conferring upon the RTCs the
authority to act not only on original
applications but also those filed
after original registration, with
power to hear and determine all
questions arising upon such
application or petitions.
If there are several parcels of land
situated in different provinces/cities
but belong to one owner, he must
file in RTC of each province/city
where different parcels of land are
located for registration purposes
EXCEPTION:
Delegated
jurisdiction of the MTC 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
P100,000.00
AMENDMENTS
IN
ORDINARY
REGISTRATION PROCEEDINGS
1. Striking out one or
more of the parcels
of land applied for or
by a severance of
the application
2.
Substantial
change
in
boundaries,
increase in
area, inclusion of
additional land
3.
Joinder,
substitution
or
discontinuance
of
any of the parties
4. Decrease in area

The Court may


strike out at any
time

New
technical
description and
new
publication and
notice
are
necessary
File motion with
Court

File motion with


court;
no need for new
publication
or
notice

Under Section 23 of Act 496, the


registration court may allow, or
order an amendment of the
application for registration when it
appears to the court that the
amendment is necessary and
proper.
Under Section 24 of the same act,
the court may at anytime order an
application to be amended by
striking out one or more parcels or
by severance of the application.
The amendment may be made in
application or in the survey plan, or
in both since the application and
survey plan go together.
If the amendment consists in the
inclusion in the application for
registration an area or parcel of
land not previously included in the
application for registration of an
area or parcel of land not
previously included in the original
application, as published, a new
publication of the amended
application must be made. The

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purpose of the new publication is
to give notice to all persons
concerned regarding the amended
application.
Without a new
publication, the registration court
cannot acquire jurisdiction over the
area or parcel of land that is added
to the area covered by the original
application, and the decision of the
registration court would be a nullity
insofar as the decision concerns
the newly included land.
The
reason is because without a new
publication, the law is infringed
with respect to the publicity that is
required
in
registration
proceedings, and third parties who
have not had the opportunity to
present their claim might be
prejudiced in their rights because
of failure of notice.

But if the amendment consists in


the exclusion of a portion of the
area covered by the original
application and the original plan as
previously published, a new
publication is not necessary.
In
the latter case, the jurisdiction of
the court is not affected by the
failure of a new application.

DOCTRINE OF NON-COLLATERAL
ATTACK OF DECREE OR TITLE

A decree of registration and


registered
title
cannot
be
impugned,
enlarged,
altered,
modified, or diminished either in
collateral or direct proceeding after
the lapse of the 1-year period
prescribed by the law.

If transaction is
BEFORE Issuance
of Decree

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

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

If transaction is
AFTER Issuance
of Decree
Register directly
with
ROD
for
purpose
of
canceling such title
and issuing a TCT

application

REQUISITES OF OPPOSITION:
1. Set forth objections to the
application
2. State interest claimed by oppositor
3. Apply for the remedy desired
4. Signed and sworn to by him or by
some other duly authorized person
General Default
When no person
appears
and
answers within time
prescribed

Special Default
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

JUDICIAL
CONFIRMATION
OF
IMPERFECT OR INCOMPLETE TITLE
UNDER THE PUBLIC LAND ACT

In rem, judicial proceedings


The decree of registration issued is
conclusive and final
Governed by court procedure and
law of evidence

WHEN TO FILE
Extended up to December 31,
2020, as provided in Sec. 2 of RA
9176
Director of Lands v. Abairo, 90 SCRA
422 (1979)
FACTS:
Petitioner contended that CFI of Isabela
should have dismissed the application
for registration based on an imperfect or
incomplete title because it has no
jurisdiction over it inasmuch as it was
filed on March 1, 1971, that is, after
December 31, 1968, the expiry date for
filing such kind of application under RA
2061. The latest extension of the period
to December 31, 2020 within which
to file said applications, as provided
in Sec. 2, RA 9176, shall apply where
the area applied for does not exceed 12
hectares.
ISSUE:

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Whether or not the application is valid
despite being filed after the period
expired and before the extension was
granted.
RULING:
YES. It is clear from the law itself that
those
who
applied
for
judicial
confirmation of their title at any time
prior to the cut-off date of December 31,
1976 did so on time, even if such
application was filed during the
intervening period from January 1, 1969
to June 18, 1971. Respect should be
given to the obvious intention of the
lawmaker in extending the period for
filing such applications time and again,
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.
LIMITATION TO AREA APPLIED FOR:
Maximum of 12 hectares (Sec. 3,
RA 6940)

same in the manner and for the


length of time indicated in 1 and 2
above (Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the
Philippines who may have lost
their Philippine citizenship, who
have acquired disposable and
alienable lands of the public
domain from Filipino citizens who
had possessed the same in the
manner and for the length of time
indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567
[1994]).
NOTE:
A private corporation may
institute confirmation proceedings under
Sec. 48 (b) of CA 141 if at the time of
the institution of the registration
proceedings; the land was already
private land (Director of Lands v. IAC
and ACME, 146 SCRA 509 [1986]).

WHO MAY BE APPLICANTS: [FFPL]


1. Filipino citizens who by themselves
or through their predecessors-ininterest 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
acquisition since June 12, 1945, or
prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of
Lands, 75 Phil 890 [1946])
2. Filipino citizens who by themselves
or through their predecessors-ininterest have been, prior to the
effectivity of PD 1073 (January 25,
1977), in open, continuous,
exclusive
and
notorious
possession and occupation of
agricultural lands of the public
domain under a bona fide claim of
acquisition of ownership, for at
least 30 years, or at least since
January 24, 1947 (RA 1942, Dir.
Of Lands v. IAC and ACME, 146
SCRA 509 [1986]).
3. Private
corporations
or
associations which had acquired
lands, formerly part of the
alienable and disposable lands of
the public domain, from Filipino
citizens who had possessed the

As long as the land is already


considered as having become
private through prescription, a
corporation
may
institute
confirmation proceedings. Having
a PRIVATE character (no longer
public), the land would no longer
be barred by the Constitution to be
owned by a corporation. Land has
already become PRIVATE, ipso
jure, when
previously acquired
by prescription by a natural
person.

Natividad v. CA, 202 SCRA 439 (1991)

Determinative of this issue is the


character of the parcels of land
whether they were still public or
already private when the
registration proceedings were
commenced. If they are already
private lands, the constitutional
prohibition against acquisitions by
a private corporation would not
apply.

WHAT APPLICANT MUST PROVE:

The land is alienable and


disposable land of the public
domain, and
His possession was for the length
of time and in the manner and
concept required by law

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NOTE: Form, Contents, Notice, Mailing,
Posting Requirements are the same as
those required in original registration
under PD 1529
Director of Lands v. CA, 106 SCRA
426 (1981)
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,
provided
he
thereafter complies with the
provisions of Sec. 48 of CA 141,
as amended and as long as said
public land remains alienable and
disposable.
PROOF OF PRIVATE OWNERSHIP:
[STOP]
1. Spanish title (inadmissible and
ineffective proof of ownership in
land registration proceedings filed
after Aug. 16, 1976)
2. Tax
declarations
and
tax
payments
(not conclusive
evidence of ownership, must be
coupled with proof of actual
possession for the period required
by law)
3. Other kinds of proof (ex.
testimonial evidence and to prove
accretion; deed of sale).
4. Presidential
issuances
and
legislative acts (Constitutive of a
fee simple title or absolute title in
favor of the grantee, a law ceding
full ownership to a government
institution)
Santiago v. SBMA, GR. No. 156888,
November 20, 2006.
FACTS:
Rodriguez is claiming to be the sole heir
and administrator of the estate of
Hermogenes Rodriguez who, in his
lifetime, was the owner of parcels of
land registered in his name under a
Spanish title. Rodriguez leased the
parcels of land to Santiago and Mateo
for a period of 50 years. By virtue of the
lease, Santiago is presently occupying
the land. SBMA, on the other hand, is
claiming possessory, if not proprietary,
rights over the parcels of land, by using
them for its own commercial and other
purposes.

Whether or not Spanish Titles are still


admissible as evidence of ownership of
lands
RULING:
No. Although PD 892 reads: Whereas,
Spanish titles to lands which have not
yet been brought under the operation of
the Torrens system, being subject to
Prescription, are now ineffective to
prove ownership unless accompanied
by proof of actual possession,
petitioners cannot claim that they can
still present the Spanish title as proof of
ownership since they were in actual
possession. Actual proof of possession
only becomes necessary because
Spanish titles are subject to prescription.
The holder of a Spanish title may still
lose his ownership of the real property to
the occupant who actually possesses
the same for the required prescriptive
period.
Because of this inherent
weakness,
the
applicant
for
registration of his Spanish title under
the Torrens system must also submit
proof that he is in actual possession of
the real property by virtue of
prescription. Taking the law as a whole,
it has clearly set a deadline for the filing
of applications for registration of ALL
Spanish titles under the Torrens system
(i.e., 6 months from its affectivity or on
14 August 1976), after which, the
Spanish titles may no longer be
presented
to
prove
ownership.
Therefore, the fact that petitioners were
in actual possession of the property
when they filed the complaint with the
RTC on April 29, 1996 does not exclude
them from the application of PD 892,
and
their
Spanish
title
remain
inadmissible as evidence of their
ownership of the property, whether in a
land registration proceeding or in an
action to remove a cloud on or to quiet
title.
However, this does not bar
holders of Spanish titles from claiming
ownership of real property on some
other basis, such as those provided in
PD 1529 or in the Public Land Act. For
sure, Spanish titles can no longer be
countenanced as indubitable evidence
of land ownership.
JUDGMENT is a decision of court
constituting its opinion after taking into
consideration the evidence submitted.

ISSUE:
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It becomes final upon the lapse of


15 days counted from the receipt
of notice of the judgment.
However,
notwithstanding
the
lapse of the 15- day period from
receipt of judgment by the parties,
the court continues to retain
control over the case until the
expiration of 1 year after the entry
of decree of registration by the
LRA (Republic v. Assosacion
Benevola de Cebu, 178 SCRA 692
[1989]).

POST-JUDGMENT INCIDENTS
1. Writ of Possession: order to sheriff
to deliver the land to the
successful party litigant; no
prescription against: (1) the loser
and (2) anyone unlawfully and
adversely occupying
When writ may not issue:
When a 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
2. Writ of Demolition: the complement
of writ of possession; to demolish
improvements
introduced
by
oppositor or his successor in
interest
MEANS TO RECOVER POSSESSION:
1.
2.
3.
4.

Forcible entry
Unlawful detainer
Accion publiciana
Accion reivindicatoria

DECREE OF REGISTRATION:

The decree issued by the LRA


pursuant to the order of the court.
Binds the land, quiets title thereto,
subject only to such exceptions or
liens as may be provided by law
Conclusive upon all persons
including the government

CONTENTS OF THE DECREE: [DMDDO]


1. Date, hour and minute of its entry
2. Whether the owner is married or
unmarried, and if married, the

name of the spouse; provided that


if the land is conjugal property, the
decree shall be issued in the name
of both spouses
3. If the owner is under disability, the
nature of such disability, and if a
minor, his age
4. Description of the land and shall
set forth the estate of the owner,
and also show their relative
easements, liens, attachments,
and other encumbrances
5. Other matters to be determined in
pursuance of the law
PROCESS OF ISSUING THE OCT:
1. Within 15 days from finality
of order of judgment directing
registration of title court orders
the LRA to issue decree of
registration and certificate of title
2. Clerk of court will send order of
court and copies of judgment
3. Writ of Demolition may be issued.
The court has authority to order, as
a consequence of the
4. Writ of possession issued by it, the
demolition
of
improvements
introduced
by the
defeated
oppositor or his successor-ininterest
5. Administrator will issue a decree of
registration and original and
duplicate of OCT that is signed by
the Administrator, entered and file
decree of registration in LRA
6. Send to ROD the original and
duplicate of title and certificate for
entry in his registration book
7. Enter in record book, dated,
signed, numbered and sealed to
take effect upon date of entry
8. ROD to send notice to registered
owner ready for delivery after
payment of fees
9. ROD shall send duplicate and note
on each certificate of title to whom
it is issued
10. Original copy to be filed in ROD
11. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON
CERTIFICATES OF TITLE AND
REGISTERED LANDS:
1. Free
from
encumbrances

liens

and

a. Claims and liens of whatever


character

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Existing against the land


prior to the issuance of
the certificate of title is
cut-off by such certificate
and the certificate so
issued binds the whole
world,
including
the
government.

ii.

When land covered is not


capable of registration

iii.

When
acquisition
of
certificate is attended by
fraud

Arguelles v. Timbancaya, 72 SCRA


193 (1976)

b. EXCEPTIONS: [CNT-PD]

i.

Those noted on the


certificate
Liens, claims, or rights
arising
or existing under
the
laws
and
the
Constitution which are not
by law required to appear
on record in the Register of
Deeds in order to be valid;
Unpaid real estate taxes
levied and assessed within
2
years
immediately
preceding the acquisition of
any right over the land by
an innocent purchaser for
value
Any public highway, or
private way established or
recognized by law, or any
government
irrigation,
canal or lateral thereof, if
the certificate of title does
not state the boundaries of
such highway or irrigation
canal or lateral thereof
have been determined
v. Any disposition of the
property or limitation on the
issue thereof pursuant to
PD 27 or any other law or
regulations on agrarian
reform

ii.

iii.

iv.

v.

2. Incontrovertible
indefeasible

and

a. GENERAL RULE:
Upon
expiration of 1 year from and
after the entry of the decree of
registration in the LRA, the
decree and the corresponding
certificate of title becomes
incontrovertible and indefeasible
b. EXCEPTIONS: [PNF]
i.

If previous valid title of


the same land exists

The rule on the incontrovertible


nature of a certificate of title
applies when what is involved is
the validity of the OCT, not when it
concerns that of the TCT.

3. Registered land not subject to


prescription
a. Even adverse, notorious and
continuous possession claim of
ownership for the period fixed
by law is ineffective against a
Torrens title (JM Tuason and
Co. Inc. v. CA, 93 SCRA 146
[1979]).
b. The fact that the title to the
land was lost does not mean
that the land ceased to be
registered land before the
reconstitution of its title.
It
cannot perforce be acquired by
prescription (Ruiz v. CA, 79
SCRA 525 [1977]
c. c.
Laches
may
be
invoked
to
bar
reconveyance of land to the
registered owner only if there
are intervening rights of third
persons which may be affected
or prejudiced if such land is
returned to the registered
owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No.
162593, Sept. 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is

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that covered by both the above TCT and
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelios father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
ever executing a joint affidavit
confirming the sale to Gil and insists that
TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed that Aurelio bought the property
from Dalman who, in turn, bought the
same from Gil in 1951. Gil allegedly
purchased
the
property
from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before a
notary public in 1965. Aurelio then filed
a petition for the issuance of a new
owners duplicate copy of TCT No. T8502 because when they asked
Remegia about it, she claimed it had
been lost. A petition for partial
cancellation of the said TCT was
granted and TCT No. 17993 was issued
in Aurelios name. They also allege that
they and their predecessors- in-interest
have been occupying the said property
since 1947, openly, publicly, adversely,
and continuously or for 41 years
already.
ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. With respect
to the claim of acquisitive prescription, it
is baseless when the land involved is a
registered land since no title to
registered land in derogation of that of
the registered owner shall be acquired
by adverse possession. Consequently,
proof of possession by the Zaldivars is
both immaterial and inconsequential.
Neither can the spouses rely on the
principle of indefeasibility of TCT No.
17993 by virtue of the fact that TCT No.
8502 in the name of Remegia has
remained valid. Remegias title, thus,
prevails over Aurelios, especially
considering that the latter was correctly
nullified by the RTC as it emanated from
the new owners duplicate TCT No.
8502, which, in turn, was procured by
Aurelio through fraudulent means.
Laches has not set in against
Remegia as she merely tolerated the

occupation by the Zaldivars of the


subject lot. Therefore, Remegias right to
recover possession was never barred by
laches.
4. Certificate of title not subject to
collateral attack
a. Sec. 48 of PD 1529 provide
that a certificate of title shall not
be subject to collateral attack. It
cannot be altered, modified, or
cancelled except in a direct
proceeding in accordance with
the law.

5. Torrens Certificate presumed valid


and devoid of flaws
a. GENERAL RULE:
Torrens
Certificate of Title is presumed to
have been regularly issued,
valid, and without defects. The
buyer has the right to rely upon
the face of the Torrens title and
dispense with the trouble of
inquiring further.
b. EXCEPTION:
When he has
actual knowledge of facts and
circumstances that would impel a
reasonably cautious man to
make inquiry.
Erasusta, Jr. v. CA, GR No. 149231,
July 17, 2006
FACTS:
Lucena de los Reyes (petitioners
mother) sold 2 lots to Fortunato Amorin.
Amorin took possession of such
properties. Later, however, Pacific Bank
demanded that the Amorins vacate the
properties,
From any rights incident to the relation
claiming that such property had been
foreclosed by such Bank. As it turned
out De Los Reyes was of husband and
wife, landlord tenant and deceived by a
certain Benjamin Valenzuela, to whom
she entrusted the documents evidencing
her rights over the lots, the latter
fraudulently transferred the rights over
the lots to his name. Valenzuela
mortgaged such properties to Pacific
Bank. Respondent Bank foreclosed and
bought the properties. The
Amorins
filed an action for Recovery of

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Ownership with Damages. CA declared
respondent Bank an innocent purchaser
for value entitled to the protection of the
law with a better right over the lots than
the Amorins.

b. From liability to attachment or


levy on execution
c. From liability to any lien
of
any description
established by law on the
land and buildings thereon,
or in the interest of the owner
in such land or buildings

ISSUE:
Whether or not the Bank is an innocent
purchaser for value whose title must be
upheld.

d. From any right or liability that


may arise due to change of
the law on descent

RULING:
No. While it is a familiar doctrine that a
forged or fraudulent document may
become the root of a valid title, if the
property has already been transferred
from the name of the owner to that of
the forger, the same is not true. This
doctrine serves to emphasize that a
person who deals with registered
property in good faith will acquire good
title from a forger and be absolutely
protected by a Torrens title.
It cannot be overemphasized that
respondent Bank, being in the business
of extending loans secured by real
estate mortgage, is familiar with rules on
land registration. As such, it was, as
here, expected to exercise more care
and prudence than private individuals in
their dealing with registered lands.
Accordingly, given inter alia the
suspicion- provoking presence of
occupants other than the owner on the
land to be mortgaged, it behooved
respondent Bank to conduct a more
exhaustive investigation on the history of
the mortgagors title. That respondent
Bank accepted in mortgage the property
in
question
notwithstanding
the
existence of structures on the property
and which were in actual, visible and
public possession of a person other than
the
mortgagor
constitutes
gross
negligence amounting to bad faith.
In the absence of such inquiry, the
respondent Bank cannot and should
not
be
regarded
as
a
mortgagee/purchaser in good faith.

e. From the rights of partition


between co- owners
f.

g. From liability to be recovered


by an assignee in insolvency
or trustee in bankruptcy
under the laws relative to
preferences
h. From any other rights or
liabilities created by law and
applicable to unregistered
land
7. Where certificate of title is obtained
by a trustee
a. Trustee who obtains a Torrens
title in his name, over property
held in trust by him for another
cannot repudiate the trust relying
on the registrations, such being
one of the limitations upon the
finality of title
b. Trustee could not perforce
legally convey ownership of the
registered property in her will for
she is not the absolute owner
thereof
SUBSEQUENT REGISTRATION

Where incidental matters after


original registration may be
brought before the land registration
court by way of motion or petition
filed by the registered owner or a
party in interest.

Rules as to the necessity and


effects of registration in general

6. General incidents of registered land


Registered land or the owners
thereof are not relieved from the
following:
a. From any rights incident to
the relation of husband and
wife, landlord and tenant

From the right of the


government to take the land
by eminent domain

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1. Except a will that purports to
convey or affect a registered
land, the mere execution of the
deeds of sale, mortgage, or
lease
or
other
voluntary
documents
serve
only
2
purposes:
a. as a contract between the
parties thereto, and
b. as evidence of authority to
the ROD to register such
documents
2. It is only the act of registering the
instrument in the ROD of the
province or city where the land
lies which is the operative act
that conveys ownership or
affects the land insofar as third
persons are concerned.
3. The act of registration creates a
constructive notice to the whole
world of such voluntary or
involuntary instrument or court
writ or process.

VOLUNTARY
DEALINGS
Refer to deeds,
instruments,
or
documents which
are results of the
free and voluntary
acts of the parties
thereto

Sale
Real
mortgage
Lease

INVOLUNTARY
DEALINGS
Refer to such writ
or
order
or
process issued by
a court of record
affecting
registered
land
which
by
law
should
be
registered to be
effective, and also
to
such
instruments which
are not the willful
acts
of
the
registered owner
and which may
have
been
executed even
without
his
knowledge
or
against
his
consent
Attachment
property Injunction
Mandamus

Sale
on

Pacto de retro
sale

Extra-judicial
settlement

Free
patent/homestead

Powers
of
attorney
Trusts
An
innocent
purchaser for value
of registered land
becomes
the
registered
owner
the moment he
presents and files a
duly notarized and
valid deed of sale
and the same is
entered in the day
book and at the
same
time
he
surrenders
or
presents
the
owners duplicate
certificate of title
covering the land
sold and pays the
registration fees
Need to present
title to record the
deed in registry &
to
make
memorandum
on
title

execution
of
judgment or sales
for taxes
Adverse claims
Notice of lis
pendens

Entry thereof in
the day
book of the ROD
is sufficient notice
to all persons
even
if
the
owners duplicate
certificate of title
is not presented
to the ROD

No presentation
required;
annotation
in
entry
book
is
sufficient

VOLUNTARY DEALINGS
Operative Act: registration by owner, if
deed is not registered, it is binding only
between parties

GENERAL RULE: Where there is


nothing on the certificate of title to
indicate any cloud or vice in the
ownership of the property, or any
encumbrance
thereon,
the
purchaser is not required
to
explore further than what the
Torrens title upon its face indicates
in quest for any hidden defect or
inchoate right that may defeat his
right thereto (Fule v. Legare, 7
SCRA 351 [1963]).

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Every
person
dealing
with
registered land may safely rely on
the correctness of the certificate of
title issued therefore and the law
will in no way oblige him to go
behind the certificate to determine
the condition of the property. Even
if a decree in a registration
proceeding is infected with nullity,
still, an innocent purchaser for
value relying on a Torrens title
issued in pursuance thereof is
protected (Cruz v. CA & Suzara,
281 SCRA 491 [1997]).
Although generally a forged or
fraudulent deed is a nullity and
conveys no title, however, there
are instances where such a
fraudulent document may become
the root of a valid title. One such
instance is where the certificate of
title was already transferred from
the name of the true owner to the
forger, and while it remained that
way, the land was subsequently
sold to an innocent purchaser
(Fule v. Legare, 7 SCRA 351
[1963]).
EXCEPTIONS: [BOB-IM-LK]
1. Where
the
purchaser
or
mortgagee is a bank/financing
institution, the general rule that a
purchaser or mortgagee of the
land is not required to look
further than what appears on the
face of the title does not apply
(Dela Merced v. GSIS, 365
SCRA 1 [2001]).

condition of the lot (Francisco v.


CA, 153 SCRA 330 [1987]).
5. Where a person buys land not
from the registered owner but
from one whose rights to the
land has been merely annotated
on the certificate of title
(Quiniano v. CA, 39 SCRA 221
[1971]).
6. Purchases land with a certificate
of title containing a notice of lis
pendens;
7. Purchaser had full knowledge of
flaws and defects in the title
(Bernales v. IAC, 166 SCRA
519, [1988]).
PROCESS
OF
(GENERALLY)

REGISTRATION:

1. File the instrument creating or


transferring the interest and the
certificate of title with ROD,
including:
a. Owners duplicate
b. Payment of fees and
documentary stamp tax
c. Evidence of full payment of
real estate tax
d. Document
of
transfer
additional
copy
for
city/provincial assessor
2. ROD
shall make
a
memorandum
on
the
certificate of title, signed by him
3. Issuance of the TCT

2. The ruling in Fule v. Legare


cannot be applied where the
owner still holds a valid and
existing
certificate
of
title
covering the same property
because the law protects the
lawful holder of a registered title
over the transfer of a vendor
bereft of any transmissible right
(Tomasv. Tomas, 98 SCRA 280
[1980]).
3. Purchaser in bad faith (Egeo v.
CA, 174 SCRA 484 [1989])

REGISTRATION OF REAL PROPERTY


MORTGAGE:
1. Execution of deed in a form
sufficient in law (public instrument)
2. Registration with ROD where the
land lies
a. Present deed
together with

of

mortgage

b. Owners Duplicate and affidavit


of good faith
c. Payment of fees

4. Sufficiently strong indications


to impel closer inquiry into the
location,
boundaries,
and

d. ROD shall enter upon original


certificate of title and upon
duplicate
a
memorandum

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(date, time of filing, signature,
and file number assigned to
deed)
e. ROD to note on the deed the
date and time of filing, and
reference to volume and page
of the registration book in
which it was registered
3. No duplicate need be issued
REGISTRATION
MORTGAGE:

OF

EFFECT OF REGISTRATION:
1. Creates a lien that attaches to
the property in favor of the
mortgagee
2. Constructive notice of his
interest in the property to the
whole world
EFFECT OF FAILURE TO REGISTER:

Vitiates mortgage as against


creditors
and
subsequent
encumbrancers
Mortgage is not valid as between
parties
No need to be in public document

REGISTRATION OF LEASE:

It is the lessee, not the lessor, who


is
required to
initiate
the
registration.

CHATTEL

1. Execution of document
2. Present the document together
with affidavit of good faith
3. Payment of fees
4. ROD enters in Day Book in strict
order of their presentation chattel
mortgages and other instruments
relating thereto (primary process)
5. ROD thereafter enters in a more
detailed
form
the
essential
contents of the instrument in the
Chattel
Mortgage
Register
(complementary process)

Valid between parties but void


against 3rd persons
If instead of registration, it is
delivered, it shall be a Pledge and
not a chattel mortgage (if no
chattel mortgage deed executed)
Actual knowledge is same effect
as registration

1. File with ROD the instrument


creating lease together with
owners
duplicate
of
certificate of Title
2. ROD to register by way of
memorandum
upon
certificate of title
3. No new certificate shall be
issued
NOTE: When there is prohibition in
mortgaged
property
as
regards
subsequent
conveyances,
etc.,
leasehold cannot be registered in the
title thereof.
EFFECT OF REGISTRATION:
1. Creates a real right but without
prejudice to rights of 3rd persons
2. If it is not registered, it is valid as
between parties but not to 3rd
persons without notice
MAY
YES

ALIENS

REGISTER

LEASE?

1. May be granted temporary rights


for residential purposes
2. Limit: 25 years, renewable for
another 25 years
WHO ELSE MAY REGISTER? Builder
in Good Faith
REGISTRATION OF TRUST

AFFIDAVIT OF GOOD FAITH:


Statement that:
1. Mortgage is made to secure
obligation specified
2. That it is a valid and just
obligation
3. That it is not entered into for
purposes of fraud
EFFECT OF ABSENCE OF AFFIDAVIT
OF GOOD FAITH:

1. Implied Trust:
present
a
sworn
statement claiming
interest by reason of an implied
trust with description of land and
reference to the number of
certificate shall be registered in
ROD
2. Express Trust:
creating the trust
prohibit registration

instrument
does not

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REGISTRATION
OF
TRUSTEE BY COURT

APPOINTED

Certified copy of decree shall be


presented to ROD and surrender
duplicate certificate
Cancel duplicate & new certificate
shall be entered by ROD

INVOLUNTARY DEALINGS
- Transactions affecting land in which
cooperation of registered owner is
not needed or even against his will
1. 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

REGISTRATIONOFATTACHMENT/OT
HER 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

4. Although notice of attachment is not


noted in duplicate, notation in book
of entry of ROD produces the effect
of registration already.
EFFECTS OF REGISTRATION
ATTACHMENT: [REEA]

1. Creates real right


2. Has priority over execution sale
3. But between 2 attachments, one
that is earlier in registration is
preferred
4. If it is not registered, actual
knowledge is the same as
registration
2. 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

a. TAX SALE

2. ROD to index attachment in names


of both plaintiff and defendant or
name of person for 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 and request him to
produce duplicate so that
memorandum may be made
b. If the owner neglects or refuses
to comply, the ROD shall report
the matter to the cour
c. The court, after notice, shall
enter an order to owner to
surrender certificate at the time
and place named therein

OF

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
an
opportunity to be heard)
Notice to be given to delinquent
tax payer at his last known
address
Publication of notice must also
be made in English, Spanish,
and local dialect, posted in a
public and conspicuous place in
the
place
where
the
property is situated and at the
main entrance of the provincial
building
Sale cannot affect rights of other
lien holders unless given the
right to defend their rights: due
process
must
be
strictly
observed
Tax lien superior to an
attachment

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There is no need to register a tax


lien because it is automatically
registered once the tax accrue
but the sale of registered land to
foreclose a tax lien needs to be
registered

FORMAL
REQUISITES
OF
AN
ADVERSE CLAIM FOR PURPOSES
OF REGISTRATION: [WNR]

PROCEDURE OF REGISTRATION OF
TAX SALE:

1. His alleged right or interest


2. How and under whom such
alleged right or interest is
acquired
3. The description of the land in
which the right or interest is
claimed
4. The certificate of title number

1. Officers return shall be submitted


to the ROD Together with the
owners duplicate title
2. Register in the registration book
3. Memorandum shall be entered in
the certificate as an adverse claim
or encumbrance
4. after a period of redemption has
expired and no redemption made (2
years from registration of auction
sale), title must be cancelled and
new title will be issued
5. Before the cancellation, notice shall
be sent to registered owner, to ask
him to surrender title and show
cause why it shall not be cancelled

a. Adverse claimant must state the


following in writing:

b. Such statement must be signed and


sworn to before a notary public
c. Claimant shall state his residence
or place to which all notices may be
served upon him
NOTE: Noncompliance with said formal
requisites renders such adverse claim
non-registrable and ineffective.

3. ADVERSE CLAIM

PERIOD OF
CANCELLED

Sajonas v. CA, 258 SCRA 79 (1996)

ADVERSE CLAIM is a notice to third


persons that someone is claiming an
interest on the property or has a better
right than the registered owner thereof.
The disputed land is subject to the
outcome of the dispute.

Claim is adverse when:


1. A claimants right or interest in
registered land is adverse t the
registered owner;
2. Such right arose subsequent to
date of original registration
3. No other provision is made in the
Decree for the registration of
such right or claim (Sec. 70, PD
1529)

Sanchez v. CA, 69 SCRA 327 (1976)


A mere money claim cannot be
registered as an adverse claim.
Actual knowledge is equivalent to
registration of adverse claim.
No 2nd adverse claim based on
the
same ground
may
be
registered by the same claimant.

EFFECTIVITY;

WHEN

The adverse claim shall be effective


for a period of 30 days from the date
of registration and it may be
cancelled:
a. After the lapse of 30 days, upon
the filing by the party-in-interest
of a verified petition for such
purpose
b. Before the lapse of said 30 days,
upon the filing by the claimant of
a sworn petition withdrawing his
adverse claim
c. Before the lapse of the 30-day
period, when a party-in-interest
files a petition in the proper RTC
for the cancellation of the
adverse claim
and,
after
notice
and hearing, the court
finds that the claim is invalid. If
the court also finds the claim to
be frivolous, it may fine the
claimant the amount of not less
than 1,000 pesos nor more than
5,000 pesos, in its discretion

Diaz-Duarte v. Ong, 298 SCRA 388


(1998)
For this purpose, the interested party
must file with the proper court a petition

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for cancellation of adverse claim, and a
hearing must also first be conducted.
The Register of Deeds cannot on its
own automatically cancel the adverse
claim.
Ty Sin Tei v. Dy Piao, 103 Phil 858,
GR No. 11271, May 28, 1958

3. ROD is duty-bound to carry over


notice of lis pendens on all new
titles to be issued
CANCELLATION OF LIS PENDENS:
[M-NUVD]

Heirs of Marasigan v. IAC, 152 SCRA


253 (1987)

Before final judgment, the court


may order the cancellation:
1. After showing that notice is
only for purpose of selecting an
adverse party
2. When it is shown that it is not
necessary to protect the right
of the party who caused the
registration thereof
3. When the consequences of the
trial are unnecessarily delaying
the determination of the case
to the prejudice of the other
party
4. ROD may also cancel by
verified petition of party who
caused such registration
5. Deemed
cancelled
when
certificate issued by clerk of
court
stating
manner
of
disposal of proceeding is
registered

The purpose of the notice of lis pendens


is to constructively advise, or warn all
people who deal with the property that
they so deal with it at their own risk, and
whatever rights they may acquire in the
property in any voluntary transaction are
subject to the results of the action, and
may well be inferior and subordinate to
those which may be finally determined
and laid down therein.

LIS PENDENS HAS NO APPLICATION


TO THE FOLLOWING:
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of
estate of deceased persons and
5. Proceedings in which the only
object is the recovery of a money
judgment

WHEN NOTICE OF LIS PENDENS IS


PROPER: [RQCPO]
1. To recover possession of real
estate
2. To quiet title thereto
3. To remove clouds upon the title
thereof
4. For partition, and
5. Any other proceeding of any kind in
court directly affecting the title to
the land or the use of occupation
thereof or the building thereon.

OTHER PARTIES WHO NEED TO


REGISTER:

An adverse claim may exist concurrently


with a subsequent annotation of a notice
of lis pendens
Villaflor v. Juezan, 184 SCRA 315
(1990)
When an adverse claim exists
concurrently with a notice of lis pendens,
the notice of adverse claim may be
validly cancelled after the registration of
such notice, since the notice of lis
pendens also serves the purpose of the
adverse claim.
4.

NOTICE OF LIS PENDENS

EFFECT OF REGISTRATION:
1. Impossibility of alienating the
property
in dispute during the
pendency of the suit
2. It may still be alienated but the
purchaser is subject to the final
outcome of pending suit

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 a new certificate of registered
land upon presentment of copy
of
assignment with
the
bankrupts duplicate certificate of
title
New certificate shall not state
that it is entered to him as
assignee or trustee in insolvency
proceedings

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Judgment/Order Vacating Insolvency
Proceedings

Order shall also be registered


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

2. GOVERNMENT
DOMAIN

IN

EMINENT

Copy of judgment filed in ROD


which states description of
property, certificate number,
interest expropriated, and nature
of public use
Memorandum shall be made
or new certificate of title shall
be issued

CADASTRAL REGISTRATION is a
proceeding in rem initiated by the filing
of a petition for registration by the
government, not by the persons claiming
ownership of the land subject thereof,
and the latter are, on the pain of losing
their claim thereto, in effect, compelled
to go to court to make known their claim
or interest therein and to substantiate
such claim or interest.

7. Hearing of the case


8. Decision
9. Issuance of the
certificate of title

and

NOTE:
The cadastral court is not
limited to mere adjudication of
ownership in favor of one or more
claimants. If there are no successful
claimants, the property is declared
public land. Additionally, while the court
has no jurisdiction to adjudicate lands
already covered by a Certificate of Title,
it is nonetheless true that this rule
only applies where there exists no
serious
controversy
as
to
the
certificates authenticity vis--vis the
land covered therein (Republic v. Vera,
120 SCRA 210 [1983]).

Nature
Applicant
Lands
Covered

The government does not seek


registration of the land in its own
name
The objective of the proceeding
is the adjudication of title to the
lands involved in the proceeding

PROCEDURE: [NN-CP-PAHD-DI]
Parties
1. Notice
of
cadastral
survey
published once in OG and posted in
conspicuous place with a copy
furnished to the mayor and
barangay captain
2. Notice of date of survey by the
Bureau of Land Management and
posting in bulletin board of the
municipal
building
of
the
municipality or barrio, and he shall
mark the boundaries of the lands by
monuments set-up in proper places
thereon
3. Cadastral survey
4. Filing of petition
5. Publication (twice in successive
issues of OG), mailing, posting
6. Filing of answer

decree

Purpose

PD 1529
Voluntary
Landowner

Cadastral
Compulsory
Director of
Lands

usually all classes


involves
of lands are
private
included
land
it may also
refer
to
public
agricultural
lands if the
Object
of
the action is
confirmation
of
an
imperfect
title
Applicant
Gove
and
rnment,
opponent
Landowners
must come
to court as
claimants of
their
own
lands
Petitioner
Government
comes
to asks
the
court
to court
to
confirm his settle
and
title
and adjudicate
seeks
the the title of
registration
the land
of the land
in his name

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Person
Landowner
who
requests
the
survey
Effect of
no
judgment adverse
claim

if
the
applicant
fails
to
prove
his
title,
his
application
may
be
dismissed
without
prejudice
(no
res
judicata)

Government

if none of
the
applicants
can
prove
that he is
entitled
to
the
land,
the
same shall
be declared
public
(res
judicata)

If patent or title is issued, it is


void ab initio for lack of
jurisdiction
It is not subject to acquisitive
prescription even if
in
possession for long time, it
will not ripen into ownership
Except: mineral lands and
forest lands acquired before
inauguration
of
Commonwealth in November
15, 1935 because there are
vested rights which are
protected
FISHPONDS

Before: It was included in the


definition of agriculture, therefore,
the conversion of agricultural land
to fishponds did not change
character of land

Now: It has a restricted meaning;


Fishponds have a distinct category
and cannot be alienated but may
be leased from government

PATENTS
CLASSIFICATION
PUBLIC DOMAIN:

OF

LAND

OF

The classification is the exclusive


prerogative of executive and not by
judiciary anyone who applies for
confirmation of imperfect title has
the 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. Agricultural only one subject to
alienation
2. Forest or timber
3. Mineral lands
4. National park

WHEN
GOVERNMENT
GRANT
DEEMED ACQUIRED BY OPERATION
OF LAW:
1. Deed of conveyance issued by
government patent/grant
2. Registered
with
the
ROD:
mandatory, it is the operative act to
convey and transfer title
3. Actual
physical
possession,
open and continuous
Land ceased to be part of public
domain & now ownership vests
to the grantee
Any
further
grant
by
Government on same land is
null and void
Upon registration, title is
indefeasible

UNDER THE PUBLIC LAND ACT:


1. Alienable/disposable:
a. Agricultural
b. Residential,
commercial,
industrial
c. Educational, charitable
d. Town sites and for public and
quasi- public uses
2. Timber lands: inalienable

TITLE
ISSUED
PURSUANT
REGISTRATION OF PATENT:
1.

2.

TO

Indefeasible when registered, and


deemed incorporated with Torrens
system 1 year after the issuance of
patent
May not be opened 1 year after
entry by LRA (Otherwise, confusion
and uncertainty on the government
system of the distribution of public

3. Mineral lands: inalienable


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lands may arise and this must be
avoided)

age
of
18 years
or head
of
the
family

Except: if it is annullable on ground of


fraud, then it may be reopened even
after 1 year because registration does
not shield bad faith

The court, in the exercise of its


equity jurisdiction, may direct
reconveyance
even
without
ordering cancellation of title

HOMESTEAD RESTRICTIONS:
1.

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
private
corporation,
partnership, association may lease
land unless it is solely for
commercial,
industrial,
educational, religious or charitable
purpose, or right of way (subject to
consent of grantee and approval of
Secretary of Environment &
Natural Resources)

2.

3.

4.

FREE
PATENT

To any
natural
born
citizen of
the
Philippin
es (filing
ended
Dec. 31,
2000)

SALES
PATENT

Citizens
of
the

EXCEPTIONS:
1.

Action for partition because it


is not a conveyance
Alienations
or
encumbrances
made in favor of the government

2.

ERRING
HOMESTEADER
BARRED BY PARI DELICTO

NOT

Pari delicto rule does not apply in


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

KINDS

HOMESTE
AD
PATENT

TO
WHOM
GRANT
ED
To any
Filipino
citizen
over the

REQUIREME
NTS

Does not own


more than 12
hectares
of
land in the

Philippines or
has not had
the benefit of
any gratuitous
allotment
of
more than 12
hectares
must have
resided
continuously
for at least 1
year in the
municipality
where the land
is situated
must have
cultivated
at
least
1/5 of the land
applied for
does not own
more than 12
hectares
of
land

has
continuously
occupied and
cultivated,
either
by
himself or his
predecessorsininterest, tracts
of disposable
agricultural
public land for
at least 30
years prior to
March 28,1990
paid real
property taxes
on
the
property while
the same has
not
been occupied
by any person
grant will be
limited to 12
hectares only
to have at
least
1/5 of the land

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Philippin
es
of
lawful
age
or
head of
the
family
may
purchas
e public
agricultu
ral land
of
not
more
than 12
hectares

broken
and
cultivated
within 5 years
from the date
of the award
(public
auction)
shall have
established
actual
occupancy,
cultivation, and
improvement
of at least 1/5
of the land
until the date
of such final
payment

for
agricultural
lands suitable
for residential,
commercial or
industrial
purposes,
patent
is
issued
only
after:
1.)
full
payment
of
purchase
price, and
2.) completion
of
the
construction of
permanent
improvements
appropriate for
To any purpose
for
citizen of which the land
legal age is purchased
for
(must
be
residenti completed
al
within
18
purpose months from
s
date of award)

Does not own


a home lot in
the

municipality in
which
he
resides
In good faith;
established his
residence on a
parcel of land
of
public
domain
not
needed
for
public service
Not more than
1,000 sq. m.;
Occupant
must
have
construed his
house on the
land
and
actually
to
have at least
1/5 of the land
broken
and
cultivated
within 5 years
from the date
of the award
(public
auction)
shall have
established
actual
occupancy,
cultivation, and
improvement
of at least 1/5
of the land
until the date
of such final
payment

for
agricultural
lands suitable
for residential,
commercial or
industrial
purposes,
patent
is
issued
only
after:
1.)
full

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payment
of
purchase
price, and
2.) completion
of
the
construction of
permanent
improvements
appropriate for
purpose
for
which the land
is purchased
(must
be
completed
within
18
months from
date of award)
SPECIAL
PATENT

To NonChristian
Filipinos
under
the
Public
Land Act

Secretary
of
the
DILG
shall
certify that the
majority of the
non-Christian
inhabitants of
any
given
reservation
have
advanced
sufficiently in
civilization

PROCEDURE FOR REGISTRATION


OF PUBLIC LANDS: [IFEFI]
1. Official issues an instrument of
conveyance
2. File the instrument with ROD
3. Instrument is to be entered in
books and owners duplicate to be
issued
Instrument is only a 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
4. Fees to be paid by grantee
5. After issuance of certificate of title,
land is deemed registered land
within the purview of the Torrens
system

RESTRICTION
ON
ALIENATION/
ENCUMBRANCE OF LANDS TITLED
PURSUANT TO PATENTS:
1.

2.

3.

4.

Lands under free patent or


homestead patent is prohibited
from being alienated/encumbered,
except if in favor of the
government, within 5 years from
and after the issuance of the
patent or grant (Republic v. Heirs
of Felipe Alejaga, Sr., 393 SCRA
361 [2002])
Transfer or conveyance of any
homestead after 5 years and
before 25 years after the issuance
of the title without the approval of
the DENR Secretary
Lands
acquired
under
emancipation patents issued to
landless tenants and farmers must
not be alienated or encumbered
within 10 years from issuance of
the title
Conveyances and encumbrances
made by persons belonging to the
non-Christian tribes may be made
only when the person making the
conveyance or encumbrance is
able to read and understand the
language in which the instrument
or deed is written. If illiterate, must
be approved by the then
Commissioner of Mindanao and
Sulu;

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, the one procured through a
decree of registration is superior
than patent issued by director of
lands
2 titles procured by one person:
One from homestead patent and
one from judicial decree and sold to
2 different persons, the one who
bought it for value and in good faith
and who registered first shall have
preference

Republic v. Heirs of Felipe Alejaga,


Sr. 393 SCRA 361 (2002)
A free patent obtained through fraud or
misrepresentation is void. Furthermore,

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the
one-year
prescriptive
period
provided in the Public Land Act does not
bar the State from asking for the
reversion of property acquired through
such means.
Once a patent is registered and the
corresponding certificate of title issued,
the land covered by them ceases to be
part of the public domain and becomes
private property. Further, the Torrens
Title issued pursuant to the patent
becomes indefeasible a year after the
issuance of the latter. However, this
indefeasibility of a title does not attach to
titles
secured
by
fraud
and
misrepresentation. Well-settled is the
doctrine that the registration of a patent
under the Torrens System does not by
itself vest title; it merely confirms the
registrants already existing one. Verily,
registration under the Torrens System is
not a mode of acquiring ownership.
Therefore, under Section 101 of
Commonwealth Act No. 141, the State -even after the lapse of one year -- may
still bring an action for the reversion to
the public domain of land that has been
fraudulently granted
to
private
individuals.
Further,
this
indefeasibility cannot be a bar to an
investigation by the State as to how the
title has been acquired, if the purpose of
the investigation is to determine whether
fraud has in fact been committed in
securing the title Section 118 of
Commonwealth Act No. 141 proscribes
the encumbrance of a parcel of land
acquired under a free patent or
homestead within five years from its
grant. The prohibition against any
alienation or encumbrance of the
land grant is a proviso attached to the
approval of every application.
REMEDIES
AVAILABLE
AGGRIEVED
PARTY
REGISTRATION PROCEEDINGS

TO
IN

MOTION TO

before
LIFT/SET
ASIDE judgment
ORDER
OF FAME and with
DEFAULT
valid defense
under oath
MOTION FOR NEW 15 days from
TRIAL
notice
of
judgment
GROUNDS:
a.
Fraud,

accident,
mistake,
excusable
negligence
(FAME)
which
ordinary
prudence could
not
have
guarded against
b.
Newly
discovered
evidence
c.
Award
of
excessive
damages,
or
insufficiency of
evidence
to
justify
decision, or that
the
decision
is
against the law
APPEAL
15 days from
notice of
judgment
To the CA/SC
RELIEF
FROM 60 days after
JUDGMENT
petitioner learns
of judgment, but
not more than
6 months after
judgment
was
entered
REQUISITES:
a.
FAME, with
affidavit of merit;
in
case
of
extrinsic fraud,
state
that
deprived
of
hearing
or
prevented from
appealing
b.
After
judgment
c.
Person
deprived of right
is party to case
PETITION
FOR
Within
REVIEW
OF 1 year after entry
REGISTRATION
of
DECREE
decree of
registration

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it will
not prosper if
transferred
to
innocent
purchaser
for
value
GROUNDS:
a. actual
or extrinsic fraud,
committe
d outside trial,
preventing
petitioner
from
presenting
his
side
b.
fatal
infirmity in the
decision for want
of due process
c.
lack
of
jurisdiction of the
court
REQUISI
TES:
a.
Petitioner has a
real
and
dominical right
b.
He
has
been
deprived of such
right
c.
Through
actual
or
extrinsic fraud
d.
The
petition is filed
within 1 year
from
the
issuance of
the
decree
e.
The
property has not
been passed on
to an innocent
purchaser
for
value

ACTION
FOR available so
RECONVEYANCE
long as property
not yet passed to
innocent
purchaser
for
value
by aggrieved
party,
whose
land
was
registered
wrongly
to
another person

before
issuance
of
decree,
or
within/after
1
year from entry

action
in
personam
if based on
implied trust, it
must
be
instituted within
10 years, and
imprescriptible if
by
registered owner
or his
children, co-heir,
or plaintiff in
possession
if based on
expressed trust
and
void
contract,
imprescriptible
if based on
fraud, it must be
instituted within 4
years from the
discovery of the
fraud
RECOVERY
FOR REQUISITES:
DAMAGES
a.
Person is
wrongfully
deprived of his
land
by
registration
in
name of
another (actual
or
constructive
fraud

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b.
No
negligence
on
his
part
c.
Barred/
precluded from
bringing
an
action (after 1
year
from
decree)
d.
Action for
compensation
has
not
prescribed
ACTION
FOR REQUISITES:
COMPENSATION
a.
The
FROM
THE aggrieved party
ASSURANCE
sustained loss or
FUND
damage, or is
deprived land or
any
estate or interest
therein
b.
Such loss,
damage
or
deprivation was
occasioned
by
the bringing of
the land under
the operation of
the
Torrens
system or arose
after the original
registration
of
the land;
c.
The loss,
damage
or
deprivation was
due to fraud, or
any
error,
omission,
mistake,
or
misdescription in
any certificate of
title or in any
entry
or
memorandum in
the registration
book
d.There was no
negligence
on
his part
e. He is barred
or
precluded

CANCELLATION
SUITS

under
the
provisions of PD
1529 or under
the provisions
of any law from
bringing
an
action for the
recovery of such
land
or
the
estate or interest
therein;
f.
The
action has not
prescribed: must
be
instituted
within a period of
6 years from the
time the
right to bring
such action first
occurred-which
is the date of
issue
of
the
certificate of title
g.
Execution
first
against
person
responsible for
fraud;
if
insolvent,
against
national treasury
Where 2
certificates are
issued
to
different persons
covering
the
same land, the
title earlier in
date
must
prevail,
unless
procured
by
fraud
or
is
jurisdictionally
flawed

The later
title should be
declared null and
void and ordered
cancelled

It is the
aggrieved party
that institutes the

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action

In case of
non-registered
land, must be
filed by the OSG
for cancellation
of
title
or
reversion
to
State

Voiding
or cancellation of
OCT does not
affect derivative
TCTs if their
holders not given
opportunity to be
heard
and
defend their title
ANNULMENT
OF
May only be
JUDGMENT
availed of when
the
ordinary
remedies of new
trial, petition for
relief, or other
appropriate
remedies are no
longer available
through no fault
of the petitioner
(Linzag v. CA,
291 SCRA 304
[1998]).
REVERSION SUIT
The objectives is
the cancellation
of the certificate
of title and the
consequential
reversion of the
land covered in
the land grant to
the State
GROUNDS:
a.
Violation of
Sections
118, 120, 121
and 122 of the
Public Land Act
(ex. alienation or
sale
of
homestead
executed within
the
5
year
prohibitory

QUIETING
TITLE

period)
b.
When land
patented
and titled is not
capable
of
registration
c. Failure of the
grantee
to
comply
with
conditions
imposed by law
to
entitle him to a
patent or grant
d. When area is
an
expanded
area
e.
When the
land is
acquired
in
violation of the
Constitution (e.g.
land acquired by
an alien)
Indefeasibility
of
title,
prescription,
laches,
and
estoppel do not
bar
reversion
suits
OF Brought
to
remove clouds
on the tile to real
property or any
interest therein,
by reason of any
instrument,
record,
claim,
encumbrance or
proceeding
which
is
apparently valid
or effective but is
in truth and in
fact
invalid,
effective,
voidable
or
unenforceable,
and may
be prejudicial to
said title (Art.
476, Civil Code)

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CRIMINAL ACTION

An ordinary
civil remedy
Aside from the
registered
owner, a person
who
has
an
equitable right or
interest in the
property
may
likewise file such
action
(Mamadsul
v.
Moson,
190
SCRA
82
[1990])
Imprescriptible
if plaintiff is in
possession;
if
not, must be
brought within 10
years from of
possession
The State may
criminally
prosecute
for
perjury the party
who
obtains
registration
through
fraud,
such
as
by
stating
false
assertions in the
sworn
answer
required
of
applicants
in
cadastral
proceedings
(People
v.
Cainglet,
16
SCRA
749
[1966] )

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
It is 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 the ROD based on
assessed value of land as a
contribution to the assurance fund
If there is yet no assessment,
a
sworn declaration of 2
disinterested persons on the value
of the land, subject to determination
by court, is required.
Money shall be in the custody of the
National Treasurer who shall invest
it until principal plus interest
aggregates to 500,000.
The
excess shall be paid to the
Assurance Fund and be included in
the annual report of Treasurer to
Secretary of Budget

WHO IS ENTITLED?
1.
Claimant
must
be
owner,
purchaser
or encumbrance in good
faith who suffered actual damage by
loss of land. In short, he is deprived of
his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing
action to recover said land
4.
Action to recover from assurance
fund has not prescribed
LOSS/DAMAGES SHOULD NOT BE
DUE TO FOLLOWING REASONS:
1. Breach of trust
2. 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
4. Certificate of title, duplicate or entry
in books
5. 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

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also be impleaded
LIABILITY:
1. Satisfy claims from private persons
first;
2. When unsatisfied: secondarily liable
is the National Treasurer who shall
pay through the 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
1.

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, he has additional 2
years after disability is removed file
action .notwithstanding expiration
of regular period

2.
3.

PETITIONS AND MOTIONS AFTER


ORIGINAL REGISTRATION:
1. LOST DUPLICATE CERTIFICATE

Sworn statement that certificate


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

2. ADVERSE
CLAIM
IN
REGISTERED LAND
Different from lis pendens:
Lis pendens has no expiration
period but adverse claim is only
for 30 days:
Lis pendens is a notice that
property is in litigation while
adverse claim signifies that
somebody is claiming better right
Recent ruling: adverse claim can
only be removed upon court
order, therefore, it is considered
to be the more permanent and
stable one as compared to lis
pendens
3. PETITION
SEEKING
SURRENDER OF DUPLICATE
TITLE
In voluntary and involuntary
conveyances: when the duplicate
cannot be produced, the party
must petition the court to compel
the surrender of duplicate
certificate of title to ROD
After hearing, the court may
order issuance of a new
certificate and annul the old
certificate
The new certificate shall contain
an annotation regarding the
annulment of the old certificate
4. 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 are
not allowed to be altered except
by order of court
Grounds:
1. New interest that does not
appear on the instrument
have been created
2. Interest
have
been
terminated or ceased
3. Omission or error was made
in entering certificate
4. Name
of
person
on
certificate has been changed
5. Registered
owner
has
married
6. Marriage has terminated
7. Corporation which owner
registered land has dissolved
and has not conveyed the
property within 3 years after
its dissolution

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8. 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)
a. Alterations which do not
impair rights and
b. Alterations which impair
rights: with consent of all
parties
c. Alterations to correct
obvious mistakes

a. Owners
duplicate
of
the
certificate of title
b. Co-owners,
mortgagees
or
lessees
duplicate
of
said
certificate
c. Certified copy of such certificate,
previously issued by the ROD
d. Authenticated copy of the decree
of registration or patent, as the
case may be, which the basis of
the certificate of title was,
e. Deed of mortgage, lease, or
encumbrance
containing
description of property covered by
the certificate of title and on file
with the ROD, or an authenticated
copy thereof indicating that its
original had been registered
f. Any other document which, in the
judgment of the court, is sufficient
and proper basis for reconstitution

5. RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE

The restoration of the instrument


which is supposed to have been
lost or destroyed in its original
form and condition, under the
custody of ROD
Purpose: to have the same
reproduced,
after
proper
proceedings in the same form
they were when the loss or
destruction occurred (Heirs of
Pedro Pinote v. Dulay, 187
SCRA 12 [1990])
As consequence of war, the
records have been destroyed
When reconstituted, the new title
have the same validity as old title

2. FOR TCT
a. Same as sources a, b, and c for
reconstitution of OCT
b. Deed of transfer or other
document containing description
of property covered by TCT and
on file with the ROD, or an
authenticated
copy
thereof
indicating its original had been
registered and pursuant to which
the lost or destroyed certificate of
title was issued;
c. Same as sources (e) and (f) for
reconstitution of OCT

Kinds:

b. Administrative

a. Judicial
File a petition with the
RTC
To be published in OG
for 2 consecutive issues
and on main entrance of
municipality for at least
30 days before hearing
In rem proceedings
Court
is
to
order
reconstitution if it deemed
fit; and issue an order to
ROD
The lack of essential data
is fatal

SOURCES
OF
JUDICIAL
RECONSTITUTION OF TITLE

May be availed of only in case of:


1. Substantial loss or destruction of
the original land titles due to fire,
flood, or other force majeure
as
determined
by
the
Administrator of the LRA
2. The number of certificates of title
lost or damaged should be at
least
10%
of
the
total
number in the possession of the
Office of the ROD
3. In no case shall the number of
certificate of
title
lost
or
damaged be less than 500, and
4. Petitioner
must
have
the
duplicate copy of the certificate
of title (RA 6732)

1. FOR OCT (In this order)


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NOTES:
The law provides for retroactive
application thereof to cases 15
years immediately preceding 1989
When the duplicate title of the
landowner is lost, the proper
petition is not reconstitution of title,
but one filed with the court for
issuance of new title in lieu of the
lost copy
SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owners duplicate of the certificate
of title
b. Co-owners,
mortgagees,
or
lessees
duplicate
of
said
certificate
CONTENTS OF PETITION
1. That the owners duplicate of the
certificate of title had been lost or
destroyed
2. That no co-owners, mortgagors,
or lessees duplicate had been
issued
3. The location, area and boundaries
of the property
4. The nature and description of the
buildings or improvements, if any,
which do not belong to the owner
of the land, and the names and
addresses of the owners of such
buildings or improvements;
5. The names and addresses of the
(a) occupants or persons in
possession of the property. (b) of
the owners of the adjoining
properties; and (c) of all persons
who may have any interest in the
property;
6. A detailed description of the
encumbrance, if any, affecting the
property
7. A statement that no deeds or other
instruments affecting the property
have
been
presented
for
registration, or, if there be any, the
registration thereof has not been
accomplished, as yet
PUBLICATION,
MAILING
POSTING
IN
PETITIONS
RECONSTITUTION OF TITLE:

AND
FOR

Notice thereof shall be published


twice in successive issues of the
OG

Must be posted on the main


entrance of the provincial building
and of the municipal building of the
municipality or city where the land
is situated
To be sent by registered mail or
otherwise, at the expense of the
petitioner, to every person named in
said notice
This should be done at least 30
days prior to the date of hearing.

MWSS v. Sison, 124 SCRA 394 (1983)


The publication of the petition in 2
successive issues of the Official
Gazette, the service of the notice of
hearing to the adjoining owners and
actual occupants of the land, as well as
posting of the notices in the main
entrance of
the provincial
and
municipal buildings where the property
lies at least 30 days prior to the date of
the hearing, as prescribed by Section
13 of the law (RA 26), are mandatory
and jurisdictional requisites If an order
if reconstitution is issued without any
previous publication as required by law,
such order of reconstitution is null and
void. Even the publication of the notice
of hearing in a newspaper of general
circulation like the Manila Daily Bulletin,
is not a substantial compliance with the
law because Section 13 specifies OG
and does not provide for any
alternative medium or manner of
publication.
Manila Railroad Company v. Moya,
215
Phil.
593
(1984)
Notice must be actually sent or delivered
to parties affected by the petition for
reconstitution.
The
order
of
reconstitution,
therefore,
having
been issued without compliance with
the said requirement has never become
final as it was null and void.
Puzon v. Sta. Lucia Realty and
Development, Inc. 353 SCRA 699
(2001)
Service of notice of the petition
for reconstitution filed under RA 26 to
the occupants of the property, owners of
the adjoining properties, and all persons
who may have any interest in the
property is not required if the petition is
based on the owners duplicate

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certificate of title or on that of the coowners, mortgagees, or lessee's.

appear and file such claims as they may


have.

Republic v. Sanchez, GR. No. 146081,


July 17, 2006

In petitions for reconstitution where the


source is the owners duplicate copy,
notices to adjoining owners and to
actual occupants of the land are not
required. But Puzon is not applicable
here. There is no report from a pertinent
government agency challenging the
authenticity of the duplicate certificates
of title presented in Puzon.

FACTS:
Sanchez sought for reconstitution of
titles alleged to have been destroyed by
a fire which razed the Office of the ROD
in June 1988. The reconstitution of the
title is based on Sanchezs duplicate
title. They submitted to the RTC a
Report allegedly signed by the Chief of
the Reconstitution Division of the LRA
stating that the technical description of
the lot does not overlap previously
plotted properties.
Without serving
notices of the petition to adjoining
owners, the RTC then granted the
petition for reconstitution. After the
decision became final, LRA submitted to
the Court another report claiming that
the first report was fake and
recommends that the RTC set aside its
decision. LRA also claims that the
notice of the petition should have
been served on adjoining owners as
one of the jurisdictional requirements
since the Authentic LRA Report found
Sanchezs title to be a fake title.
ISSUE:
Whether the trial court
jurisdiction over the case

acquired

RULING:
No. The source of the petition for
reconstitution in the case at bar was
petitioners duplicate copies of the
TCTs. As a general rule, Sections 9
and 10 of RA 26 will apply and not
Sections 12 and 13.
Section 9 and 10 or RA 26 require
that 30 days before the hearing, (1) a
notice be published in 2 successive
issues of the OG at the expense of the
petitioner, and (2) such notice be posted
at the main entrances of the provincial
building and of the municipal hall
where the property is located. The
notice shall state the following: (1) the
number of the certificate of title, (2) the
name of the registered owner, (3) the
names of the interested parties
appearing in the reconstituted certificate
of title, (4) the location of the property,
and (5) the date on which all persons
having an interest in the property must

Sections 12 and 13 of RA 26 must apply


because the owners duplicate is
claimed by the LRA to be spurious.
The failure to meet any of the necessary
publication, notice of hearing and
mailing requirements did not vest
jurisdiction of the case to the court.
Thus, the judgment rendered by the
RTC is void and will never become
binding or final as it is a nullity right from
the very start. It may be challenged at
any time.
Feliciano v. Zaldivar, GR. No. 162593,
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is
that covered by the above TCT, and with
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelios father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
that she and her uncle never executed a
joint affidavit confirming the sale, and
that TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed
that Aurelio
bought
the
property from Dalman who, in turn,
bought the same from Gil in 1951. Gil
allegedly purchased the property from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before
the notary public in 1965. Aurelio then
filed a petition for the issuance of a new
owners duplicate copy of TCT No. T-

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CIVIL LAW
8502 because when they asked
Remegia about it, she claimed it had
been lost. A petition for partial
cancellation of the said TCT was
granted and TCT No. 17993 was issued
in Aurelios name. They also allege that
they and their predecessors-in-interest
have been occupying the said property
since 1947, openly, publicly, adversely,
and continuously or for 41 years
already.

handwriting of any officer of


court of ROD
b. Fraudulent stamping or
assistance in stamping
c. Forging of handwriting,
signature
of persons
authorized to sign
d. Use of any document which
an impression of the seal of
the ROD is forged
5. Fraudulent sale:
sale of
mortgaged property under the
misrepresentation that it is not
encumbered;
deceitful
disposition of property as free
from encumbrance

ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. The trial
court correctly held that the CFI which
granted Aurelios petition for issuance of
new owners duplicate copy of TCT No.
8502 did not acquire jurisdiction. It has
been consistently held that when the
owners duplicate certificate of title has
not been lost, but is in fact in the
possession of another person, then the
reconstituted certificate
is
void,
because the court that rendered the
decision
had
no
jurisdiction.
Consequently, the issuance of TCT No.
17993 is also void, emanating as it did
from the void TCT No. 8502 in Aurelios
name. The indefeasibility of a Torrens
title does not apply where fraud
attended the issuance of the title, such
as when it was based on void
documents.

SYSTEM OF REGISTRATION FOR


UNREGISTERED LANDS

6. REGISTRATION
OF
TRANSACTION EVIDENCED BY
LOST DOCUMENT

ROD is forbidden to affect


registration of lost or destroyed
documents
Steps by interested parties:
1. Procure an authenticated
copy of lost or destroyed
instrument
2. Secure an order from court

System
of
registration
for
unregistered land under the Torrens
System (Act 3344)
Before: covers voluntary dealings
Now:
it includes involuntary
dealings
Effect: if prospective, it binds 3rd
persons after registration but yields
to better rights of 3rd person prior to
registration (limited effect to 3rd
parties)
Reason: no strict investigation
involved
Subsequent dealings are also valid
if recorded
ROD keeps day book and a
register, and an index system is
also kept
Procedure:
1. Presentment of
instrument
dealing in unregistered land
2. If found in order, register
3. If
found defective, then
registration is refused writing
his reason for refusal

OFFENSES IN LAND REGISTRATION:


1. Larceny
2. Perjury: false statement under
oath
3. Fraudulent
procurement
of
certificate
4. Forgery
a. Forging of seal in ROD,
name,
signature
or
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CIVIL LAW
References:
1. PARAS, Edgrado (2008). Civil
Code of the Philippines Annotated
2. SAN BEDA (2013). Memory Aid in
Civil Law
3. SEMPIO-DY,
Alice V. (2004).
Succession in a Nutshell
4. PINEDA.(2009). Succession and
Prescription
5. TOLENTINO.(1992). Civil Code of
the Philippines.
6. JURADO. (2009), Comments and
Jurisprudence on Succession

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