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Civil Law Land Titles

Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES


Land Title evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of
property.
Deed instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity.
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
Types of estates:
1. Freehold estate indicates title of ownership.
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to year
with automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation as
to period
3 Stages of Development of Legal System of Transferring Titles:
1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs

Purpose of Registration:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
Modes of Acquiring Land Titles:
1. Title by public grant conveyance of public land by government to a private
individual
2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of
a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by deliberate act and reclaiming title
thereto; government
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6. Title by involuntary alienation no consent from owner of land; forcible acquisition by
state
7. Title by descent or devise hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of
tenant-farmers; not transferable except by hereditary succession

Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL CHARACTERISTICS


Advantages:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the
system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours instead
of a matter of days
Purpose of Torrens Law: quiet title to land once registered, owner might rest secure
Persons Bound When Title Not Registered:
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
Procedure in Land Registration Case:

1.
2.
3.
4.

Survey of land by Bureau of lands or duly licensed private surveyor


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

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS


Who may Apply:
1. Those in open, continuous, exclusive, notorious possession of patrimonial property of
state under bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private land by prescription
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law
Limitation to Ownership of Land by Corporation:
1. Private lands
2. At least 60% Filipino to acquire private land
3. Restricted as to extent reasonably necessary to enable it to carry out purpose which
it was created
4. If engaged in agricultural restricted to 1,024 ha.
5. Patrimonial property of state
6. Lease for 25 years renewable
7. Limited to 1,000 ha.
8. Apply to both Filipinos & foreign cos.
Form & Contents of Application:
1. In writing & signed by applicant or person duly authorized
2. Description of land
3. Citizenship
4. Civil status

5. Full names & address of occupants & adjoining owners


What to Accompany Application:
1. Tracing cloth plan duly approved by the Director of Lands
2. 3 copies of technical descriptions
3. 3 copies of surveyors certificate
4. All original muniments of title
5. 4 copies of certificate by city/provincial treasurer of assessed value of land
Amendments Allowed & Not Allowed
1. Substantial change in boundaries or increase in area new technical description
necessary need new publication & notice
2. Substitution of name of new owner file motion with court
3. Decrease the area file motion in court
Muniment of Title instruments or written evidences which applicant hold or posses
to enable him to substantiate & prove title to his estate

Transaction Took Place Before Issuance of Decree:


1. Record instrument in Register of Deeds in same manner as if no application was
made
2. Present instrument to RTC, motion praying that same be considered in relation to the
pending application
Transaction Took Place after Issuance of Decree:

Register directly with REGISTER OF DEEDS for purpose of canceling such title &
issuing a TCT.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT


Notice in conspicuous place in land & bulletin board of municipality 14 days
before hearing
Hearing within 7 days after publication in OG
25 90 days from date of order
To Whom Notice must be Sent:
1. City/municipal mayor & provincial governor
2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director of
Fisheries, Director of Mines
3. Adjoining owners & those who have rights or interest thereto
Requisites of Opposition:
1. Set forth objections to the application
2. State interest claimed by oppositor
General Default

If no person appears and answers within time prescribed


Special Default

Party appears at initial hearing without having filed an answer and ask court for time
to file answer but failed to do so within period allowed.

CHAPTER 5: HEARING & DECREE


Who Conducts Hearing:
1. RTC
2. Refer to referee commissioner
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for
judicial confirmation of Imperfect title under the Public land act

There exist a title to be confirmed

Land applied for belongs to the state

Court may dismiss without prejudice to file new application

Dismiss with prejudice

Risk to have application denied without losing land

Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREE


Decree issued by land registration authority containing technical description of land;
issued after finality of judgment
1. Decrees dismissing application
2. Decrees of confirmation and registration

Final after 1 year after decree

Unless there in innocent purchaser for value

Subject only to appeal

Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected

Amendment after 1 year is allowed creation or extinguishment of new rights;


inclusion of new owners not allowed
Judgment decision of court constituting its opinion after taking into consideration the
evidence submitted
Writ of Possession order to sheriff to deliver the land to the successful party litigant;
no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
When Writ may not Issue:

Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1. Forcible entry

2.
3.
4.

Unlawful detainer
Accion publiciana
Accion reindivicatoria

Res Judicata:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
1. Motion for new trial must be brought within 15 days from notice of judgment
2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not
have guarded
3. Newly discovered evidence which could not be discovered & produced at trial
4. Evidence insufficient to justify decision, decision is against the law
5. Appeal must be brought 15 days from notice of judgment
6. Review of decree of registration available to party deprived of day in court; became
non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year;
specific acts intended to deceive; will no longer prosper if already transferred to
innocent purchaser for value
7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
9. Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
11. Relief from judgment 60 days 6 months after entry of order; available to party to
case, FAME; after judgment; person deprived of right is party to case
12. Reconveyance action in personam; available so long as property not passed yet to
innocent purchaser for value; bad faith or with notice of defect
13. Recovery for damages
14. Person is wrongfully deprived of his land by registration in name of another actual
or constructive fraud
15. No negligence on his part
16. Barred/ precluded from bringing an action
17. Action for compensation has not prescribed

CHAPTER 7: CERTIFICATE OF TITLE


Torrens Title certificate of ownership issued under the Torrens System of registration
by the government through road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly noted.
Process:
1. Within 15 days from finality of order of judgment directing registration of title court
to order Land registration Admin to issue decree of registration and certificate of title

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

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


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

Action for Partition, Splitting or Consolidation of Titles:


1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds to
issue memorandum that streets not to be disposed except by way of donation to govt.
shall be effected without approval of NHA.
Annotations at Back of Certificate need court order; otherwise null & void

CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND


Operative Act registration by owner; deed not registered binding only between
parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of
Deeds
2. Owners duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings

Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings

No presentation required; sufficient that annotation in entry book is sufficient


Formal requisites of a deed:
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status

6.

Whether or not corporation:

a. Register of Deeds to keep an entry book day book


b. Enter in order of reception all deeds & voluntary instruments, write & processes re
land -Year, month, day, time, minute of reception of instrument; Registered from time of
entry
c. Fees of 5 bucks per document to be paid within 15 days
d. Note memorandum & sign & issuance of certificate
e. Documents are numbered & indexed & indorsed with reference to certificate of title
public records
f. Subject to reasonable regulation

Cost borne by vendor.

CHAPTER 9: REAL ESTATE MORTGAGE


Real Estate Mortgage real property/real rights secures fulfillment of an obligation
Kinds:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
Essential Requisites:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
Special Characteristics:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand alone
4. Indivisibility even if debt is divisible; mortgage is not
5. Inseparability mortgage lien is inseparable from property
6. Retention of possession mortgagor retains possession
Pacto de Retro Equitable Mortgage
1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending
period /granting new period is executed

4.
5.
6.

Purchaser retains a part of the purchase price


Vendor binds himself to pay taxes on thing sold
Real intention of parties is that transaction shall secure payment of debt or fulfillment
of other obligation

Real Mortgage

Chattel Mortgage

Subject matter is real property

Subject matter is movable

Public document only

May be in private document provided


there is affidavit of good faith

Right of redemption for 1 year

No right of redemption

Deficiency can be recovered

Deficiency cannot be recovered

Execution & Registration


1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon registration
3. Present deed of mortgage together with owners duplicate
4. Payment of fees
5. Register of Deeds shall enter upon original certificate of title & upon duplicate a
memorandum date, time of filing, signature, file number assigned to deed
6. Register of Deeds to note on deed the date & time of filing & reference to volume &
page of registration book in which it was registered
7. No duplicate need be issued
Subject Matter

Real property plus all its accessions unless contrary is stipulated

Future property without legal effect

Future improvements deemed included

Fruits & rents of mortgaged property deemed included

Continuing credit secured by mortgage valid


Forms:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties but not 3 rd persons
without notice
3. Public document & registered valid & binding to 3rd parties
May Mortgage be Registered Without Duplicate Title: Yes

If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to
registered owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that memorandum be made
thereof

Owner refuses to comply within reasonable time; Register of Deeds to notify court &
court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated stipulation to contrary is void

1.
1.
1.
2.
1.

Assignment must also be registered since registration is operative act to affect land
If not recorded valid as to parties but not to 3rd parties, right not protected against
somebody who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
May be further mortgaged stipulation to contrary is void
Pactum commisorium not allowed
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing mortgaged in form prescribed by law
Present instrument with Register of Deeds where land lies together with owners
duplicate for registration
Memorandum of cancellation is annotated on duplicate & original

When Mortgagor Dies


1. Abandon security & prosecute his claim by sharing in general distribution of assets of
the estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to
mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
Foreclosure
1. JUDICIAL

Mortgagee to petition in court for foreclosure


Court to render order for debtor to pay sum due within 90 days and if not paid from

date of service, property be sold at public auction


Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of mortgagor not to be cancelled but

memorandum shall be entered upon the certificate duplicate & original


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

owner
Purchaser to be entitled to new certificate of title & memorandum endorsed on

mortgage deed
If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL

Allowed only if stipulation between party authorizes extra-judicial foreclosure


Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where property lies &

if property is more than P400.00, publication must be for 3 consecutive weeks in news
paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not

exceeding 3,000.00
Registration of sale in Register of Deeds:

1.

2.
3.
4.

5.
6.

Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor,
description of property, name of highest bidder, selling price
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
After expiration of 1 year of redemption period title is consolidated if no redemption
exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement
attesting to fact that there is no redemption
New certificate of title issued in favor of vendee
If redeemed notice of redemption shall be registered & accomplished by way of
memorandum on proper certificate of title

Right of Redemption

Payment of purchase price plus 1% per month plus taxes if paid by purchaser

To be exercised within 1 year after registration of sale


Right to Deficiency allowed

CHAPTER 10: CHATTEL MORTGAGE


Chattel Mortgaged personal property is registered with Register of Deeds to secure
performance of an obligation
Subject Matter: movables
Deed of Mortgage:

Requires only description to enable parties & other persons to identify the subject
matter
Registration of Chattel Mortgage
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation chattel
mortgages & other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential contents of
the instrument in the Chattel Mortgage Register (complementary process)
Effect of Registration:
1. Creates a lien attaches to the property whoever holds it; binding on subsequent
purchasers

2. Constructive notice
Sale of Chattel Without Consent of Mortgagee void; criminal act

Effect of Failure to Register:

Valid between parties but void against 3rd persons

If instead of registration, it is delivered it shall be a pledge & not chattel mortgage


(if no chattel mortgage deed executed)

Actual knowledge is same effect as registration


Affidavit of Good Faith: Statement That
1. Mortgaged is made to secure obligation specified
2. Valid & just obligation
3. Not entered into for purpose of fraud
Effect of Absence of Affidavit of Good Faith:

Vitiates mortgage as against creditors & subsequent encumbrances

Valid as between parties

No need to be in public document


Assignment of Mortgage

No need to be registered, permissive only & not mandatory


Cancellation of Chattel Mortgage

Mortgagee to execute a discharge of the mortgage in manner provided by law


Foreclosure of Mortgage

The must first be non-payment & at least 30 days have elapsed since then

Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is
to be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance mortgagor
Recovery of Deficiency: Allowed

CHAPTER 11: LEASE

Lease one of parties deliver possession of property to another who is obliged to pay
rent for use of such property.
Registration of Lease
1. File with Register of Deeds the instrument creating lease together with Owners
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
When Prohibition in Mortgaged Property as regards Subsequent Conveyances,
etc.: Leasehold cannot be registered in the title thereof.
Effect of Registration:
1. Creates a real right but without prejudice to rights of 3 rd persons
2. If not registered valid as between parties but not to 3rd persons without notice
Registration lessor not required to initiate; lessee shall initiate
Aliens:
1. 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

CHAPTER 12: TRUSTS & POWERS OF ATTORNEY


Trust obligation of a person to whom legal title to property is transferred to hold the
property according to confidence reposed in him
2 Kinds:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. Implied exist by operation of law; can be proved by parole evidence
3. Property is bought but paid by another party
4. Donation is made but donee have no beneficial interest thereon
5. Price of sale of property is loaned & conveyance is made to lender to secure
fulfillment of loan
6. Land passes by succession to a person but legal title is put in anothers name
7. 2 persons purchase property but placed only in ones name
8. Guardian uses funds of ward to buy property
9. Property is acquired thru mistake or fraud
Power of Attorney authority granted to a person to dispose ones property.
Trust Differentiated from Power of Attorney
1. Trust has 3 parties while power of attorney has 2 parties
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust with description of
land & reference to number of certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
Appointment of Trustee by Court

Certified copy of decree shall be presented to Register of Deeds & surrender


duplicate certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds

ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST

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

CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND


Involuntary Dealings transactions affecting land in which cooperation of registered
owner is not needed: it may even be against his will
Attachment

A writ issued at the institution or during progress of an action commanding the sheriff
to attach the property, rights, credits or effects of the defendant to satisfy demands of
the plaintiff

Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered land
may be filed with Register of Deeds where land lies, containing number of certificate of
title of land to be affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or
name of person whom property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail
stating that there has been registration & requesting him to produce duplicate so that
memorandum be made
5. If owner neglects or refuses Register of Deeds shall report matter to court
6. Court after notice shall enter an order to owner to surrender certificate at time &
place to be named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of
Register of Deeds produces effect of registration already.
Effect of Registration of Attachment:
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 not registered actual knowledge is same as registration
Duty of Register of Deeds

Basically ministerial but may refuse registration in ff circumstances:

1.
2.

Title to land is not in the name of defendant


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

Properties Exempt From Execution: Family Home


Attachment How continued, reduced or discharged

Any method sufficient in law

Document to be registered
1. EXECUTION SALE

To enforce a lien of any description on registered land, any execution or affidavit to


enforce such lien shall be filed with Register of Deeds where land lies

Register in registration book & memorandum upon proper certificate of title as


adverse claim or as an encumbrance

To determine preferential rights between 2 liens: priority of registration of attachment


2. TAX SALE

Sale of land for collection of delinquent taxes and penalties due the government

In personam (all persons interested shall be notified so that they are given
opportunity to be heard)

Notice to be given to delinquent tax payer at last known address

Publication of notice must also be made in English, Spanish & local dialect & posted
in a public & conspicuous place in place wherein property is situated & at main
entrance of provincial building

Sale cannot affect rights of other lien holders unless given right to defend their
rights: due process must be strictly observed

Tax lien superior to attachment

No need to register tax lien because it is automatically registered once the tax
accrues

But sale of registered land to foreclose a tax lien need to be registered


Procedure of Registration of Tax Sale:
1. Officers return shall be submitted to Register of Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from registration of
auction sale) cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title &
show cause why it shall not be cancelled
Actual Knowledge is Equivalent to Registration
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired, how
acquired, no of certificate of land, name of registered owner, description of land in
which right/interest is claimed signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title

3.
4.

Effective for 30 days from date of registration


After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled

5.

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

CHAPTER 14: REGISTRATION OF LIS PENDENS


Purpose: keep subject matter within the power of the court until the entry of final
judgment

Therefore creates merely a contingency & not a liens


Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit
may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to
be issued
Cancellation of Lis Pendens:
1. Before final judgment court may order cancellation after showing that notice I sonly
for purpose of molesting an adverse party or it is not necessary to protect rights of
party who caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such
registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal of
proceeding is registered
Notice of Lis Pendens is an Involuntary Transaction

Sufficient that there is entry in day book


Other Parties who Need to Register:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

Duty of the officer serving notice to file copy of notice to Register of Deeds where the
property of debtor lies

Assignee elected or appointed by court shall be entitled to entry of new certificate of


registered land upon presentment of copy of assignment with bankrupts certificate of
title (duplicate)

New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
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 IN EMINENT DOMAIN

Copy of judgment file in Register of Deeds which states description of property,


certificate number, interest expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be issued

CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE


When Owner of Property Dies testate or intestate,

Administrator shall file with Register of Deeds registration of property in his name to
be vested with ownership as trustee so he can sell, etc, convey, etc

Not necessary if already empowered in the will


When Judicial Proceeding Not Necessary

Heirs may partition estate immediately & no need to be burdened with cost/expenses
of an administrator
1. In absence of debts
2. Heirs are all of legal age
Partition / Settlement of Estate
1. JUDICIAL

After entry of final judgment of partition, copy certified by clerk of court to be filed
with Register of Deeds

Each owner to gave separate certificate of title (duplicate)

If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his


name upon presentment of order confirming sale
2. EXTRAJUDICIAL
3. Decedent died intestate
4. No debts
5. Heirs are all of legal age, or minors represented by guardian

Heirs to execute public instrument to be filed with Register of Deeds

If disagree with each other, file in court ordinary action for partition

If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed
with Register of Deeds

If there is movables involved, bond to be filed equivalent to value of property as


certified under oath by parties conditioned upon payment if any just claim which may
be filed by creditor within 2 years after distribution

Publication in newspaper of general circulation for 3 weeks; not binding to those


without notice

Final after 2 years


Oral Partition, When Deemed Valid

In provinces when person dies leaving property not covered by Torrens system to
avoid legal expenses, heirs make a list of property, pay off debts & assign to each

Statute of frauds do not operate because it is not a conveyance but a separation of


property and designation of part which belongs to them
Wills and Letters of Administration

Executor required to file with Register of Deeds a certified copy of his letters of
administration or the will if there is a will in order that Register of Deeds may register
upon certificate a memorandum with reference to file no & date of filing

Court Authority Needed in Order to Sell


1. May be dispensed with if will empowers him sell
2. Without authority first secured, heir may sell subject to result of pending
administration

CHAPTER 16: ASSURANCE FUND

State creates a fund for the compensation of persons injured by divesting/cutting off

of rights due to the indefensibility of title; following that act of registration is operative
act by which State transfers title; created to relieve innocent persons from harshness
of doctrine that certificate of title is conclusive evidence of an indefeasible title to
land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register

of Deeds based on assessed value of land as contribution to assurance fund; if no


assessment yet, sworn declaration of 2 disinterested persons subject to determination
by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates
to 500,000, excess shall be paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget.

Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered
actual damage by loss of land; in short he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
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 Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of Register of
Deeds, etc Register of Deeds and National Treasurer as defendants; Sol-Gen must
appear
2. Private persons involved should also be impleaded
Liability:

1.
2.

Satisfy claims from private persons first


When unsatisfied secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go
against other parties or securities

Measure of Damages:

Based on amount not greater than fair market value of land

Amount to be recovered not limited to 500,000 which is maintained as standing fund

If fund is not sufficient, National Treasurer is authorized to make up for deficiency


from other funds available to Treasury even if not appropriated
Where and When to File Action against Assurance Fund:
1. Any court of competent jurisdiction RTC in city where property lies or resident of
plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned has additional 2 years after disability is
removed to file action notwithstanding expiration of regular period

CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION


1. Lost Duplicate Certificate

Sworn statement that certificate is lost to be filed by person in interest with Register
of Deeds

Petition to court for issuance of new title

After notice and hearing court to order issuance of new title with memorandum that
it is issued in place of lost certificate (duplicate)

If false statement: complex crime of estafa thru falsification of public document


2. Adverse claim in registered land

Whoever claims a better right or interest in a land adverse to the registered owner
shall make written statement alleging his right, how and when acquired with
description of land

Statement to be signed and sworn to

Entitled to registration as adverse claim noted on certificate of title

If there is petition speedy hearing, determine validity of adverse claim

May be cancelled without court order; effective only for 30 days

After cancellation, no adverse claim on same ground may be registered by same


claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act

To be made on original certificate, to the duplicate is not necessary because no


access

Contracts of lease, contract to sell but prescription and money claims are not allowed

Purpose: measure designed to protect the interest of a person over a property where

registration is not provided for by the land registration act; serve as notice and
warning to persons subsequently dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but

adverse claim is only for 30 days: lis pendens notice that property is in litigation;
adverse claim; somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order

3.

Petition Seeking Surrender of Duplicate Title


In voluntary and involuntary conveyances when duplicate cannot be produced,

petition in court may be filed to compel surrender of certificate of title duplicate to


Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate;
new certificate shall contain annotation re annulment of 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 also not allowed to be altered except by order of the

court
Grounds:

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

New interest not appearing on the instrument have been created


Interest have terminated or ceased
Omission or error was made in entering certificate
Name of person on certificate has been changed
Registered owner has married
Marriage has terminated
Corporation which owner registered land has dissolved and has not conveyed the
property within 3 years after its dissolution
What corrections are permitted in title (which does not include lands included in

original; technical description as long as original decree of registration will not be


reopened and rights or interest of persons not impaired; old survey was incorrect;
substitution of name of registered owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes

5.

Reconstitution of original certificate of tile


As consequence of war records have been destroyed

When reconstituted have same validity as old title


Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of municipality at least
30 days before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal

6.

Transaction evidenced by lost document how registered


Register of Deeds forbidden to effect registration of lost or destroyed documents
Steps by interested parties:

1.
2.

Procure authenticated copy of lost or destroyed instrument


Secure an order from court

In connection with original and subsequent registration of lands payable to Clerk of

court, Register of Deeds, sheriff


Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of

CHAPTER 18: FEES, OFFENSES, PENALTIES

the fees due payable within next 15 days

Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment
of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of
court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is
forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS


Public Lands all lands owned by the government

Inalienable and alienable


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

Public land may be alienated, conveyed to private person.


Procedure:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not
take effect as conveyance if unregistered, it is registration which is operative act of
conveying land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the purview
of the Torrens system
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive

In absence of registration, title to public land is not perfected and therefore not
indefeasible

In case of 2 titles obtained on same date one procured thru decree of registration is
superior than patent issued by director of lands

2 titles procured by one person one from homestead patent, one from judicial
decree & sold to 2 diff persons, one who bought it for value and in good faith & one
who register first shall have preference.
Classification of Land of Public Domain:

Classification is exclusive prerogative of executive & not by judiciary

Anyone who applies for confirmation of imperfect title has burden of proof to
overcome the presumption that the land sought to be registered forms part of public
domain (Regalian doctrine).
Under the Constitution:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
Under the Public Land Act:
1. Alienable/disposable
2. Agricultural
3. Residential, commercial, industrial
4. Educational, charitable
5. Town sites and for public and quasi-public uses
6. Timber lands inalienable
7. Mineral lands inalienable

If patent or title is issued void ab initio for lack of jurisdiction

Not subject to acquisitive prescription; even if in possession for long time, will not
ripen into ownership

Except: mineral lands and forest lands acquired before inauguration of


Commonwealth in November 15, 1935; vested rights which are protected.

Fishponds
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may
be leased from government.
Director of Lands

Quasi-judicial officer

Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law

Empowered to alienate and dispose lands


Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization

Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public
land thru open, continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did
not receive title, without default on their part provided they have occupied since their
application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30
years
Max Land that can be Applied: 144 hectares

In case of foreigner, sufficient that he is already Filipino citizen at the time of his
application

Corporation who has less 60% Filipino ownership cannot apply confirmation of
imperfect title; can only lease
Persons Competent to Question Land Grant

Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:

1.
2.

Deed of conveyance issued by government patent/grant


Registered with Register of Deeds mandatory: operative act to convey & transfer
title
3. Actual physical possession, open & 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 & void

Upon registration, title is indefeasible

Title Issued Pursuant to Registration of Patent


1. Indefeasible when registered, deemed incorporated with Torrens system; 1 year
after issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise,
confusion, uncertainty & confusion on government system, of distribution of public
lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith

Court in exercise of equity jurisdiction may direct reconveyance even without


ordering cancellation of title
Aim of Homestead Patent:

Benevolent intention of government to distribute disposable agricultural land to


destitute citizens for their home and cultivation

As a matter of public policy, may be repurchased even if after 5 years provided not
for profit

Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial,
industrial, educational, religious or charitable purpose or right of way subject to
consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto

Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe


Homesteader

If he dies, succeeded by heirs in the application


Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)

Conveyance is valid if able to read and can understand language where deed is
written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS


Purpose:

Another means to bring lands under operation of Torrens System

Ordinary registration is slow for lack of initiative on part of landowners, innovation


was conceived to hasten and accelerate registration

Government initiates that all lands within a stated region are up for registration
whether or not owners are interested to settle their titles
Nature of Proceedings:

In rem

No defendant & no plaintiff

Compulsory
Procedure:
1. Cadastral survey

In opinion of Phil president pursuant to requirement of public interest, title of land


within a specified area needs to be settled and adjudicated

Order Director of Lands to make survey and plan

Director gives notice to persons claiming interest in lands & to gen public of day of
survey published in OG and posted in conspicuous place on lands to be surveyed

Geodetic engineers commences survey

During survey, boundaries are marked by monuments


2. Filing of petition

After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants

Parcel of lots given their cadastral numbers


3. Publication of notice of hearing

Court to order date of hearing

LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general


circulation & copy mailed to person whose address is known & other copies posted in
conspicuous place designated bylaw
4. Filing of answer

Any person claiming interest in any part of lands subject to petition is required to file
answer

Answer must give the ff details:


1. Age of claimant
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is located
4. Name of owners of adjoining lots

5.
6.
7.
8.
9.

If in possession & without grant no of years in possession


If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain

6.

Decision
Claimants are notified of decision

7.

Issuance of decree and certificate of title


Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such
certificate

Nature of Title Covered by 2 Acts:

Title in good faith & for value

Errors in plan does not annul decree of registration

Cancellation & correction is permitted


Land

Already Registered
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION


CADASTRAL

ORDINARY

Party
Initiating

Government

Private Individual

Subject
Matter

Private and Public

Private Lands

Ownership

Government does not assert


ownershipInterested only in
settlement of titles

Ownership is Asserted

Survey

Government undertakes survey


and advances expenses

On account of owner

As to risk

In absence of successful
claimant, property goes to
government

Applicant has another chance


to claim is dismissal is without
prejudice

When can Cadastral Proceedings may be Opened

10 years up to Dec 31, 1968


Unable to file their claim even while in possession granted right to petition for
reopening of proceedings provided such were not alienated, leased or disposed by
government

Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver
Possession

Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)

Before: covers voluntary dealings, now includes involuntary dealings

Effect if prospective; binds 3rd persons after registration but yields to better rights of
3rd person prior to registration (limited effect to 3rd parties)

Reason: no strict investigation involved

Subsequent dealings also valid if recorded

Register of Deeds keeps day book & a register; index system is also kept

Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal

Source:
Civil Law (Land Titles) Memory Aid
Ateneo Central Bar Operations 2001