Land Titles & Deeds

(FINALS)
Remedies of Parties aggrieved by
Registration of Title

c) If granted or denied, not

appealable, as this is an
interlocutory order, appeal
the main judgment within
15 days from receipt of
denial (Neypes v. CA)

Rule 37, RoC (Motion for New

Trial/Motion for Reconsideration)

Mode: by way of Motion in same

case
Rule 38, RoC

Grounds:
a. Fraud (actual), Accident, Mistake,
Excusable Negligence (FAME)
b. Newly discovered evidence
Must be discovered after
trial
Could not have been
discovered at the trial even
with the exercise of due
diligence
Must be material
c. Insufficient
evidence
to
support/justify the decision
MNT A, B, C
MR A, C

MNT/MR
Period: Within 15 days from receipt of
judgment
Requisites:
a) Notice to the adverse party
b) Affidavit of merit for FAME
&
*newly
discovered
evidence
*Attach
the
affidavit
of
witnesses & certified true
copies of documents

Grounds: FAME
Period: Within 60 days of learning the
judgment & not more than 6 months
after judgment was rendered.
Requisites:
a) Affidavit of merit showing FAME
relied upon & facts constituting a
good cause of action or defense
b) Available if decree of registration
is NOT YET ISSUED.
c) Must be applied for by a party to
the case only
d) But if MNR has already been
availed of & denied by the court,
petition for relief is no longer
available as a remedy.

Rule 41, RoC (APPEAL)

Ground: Based on erroneous judgment
Period: 15
judgment

days

from

receipt

of

Requisites: File Notice of appeal, pay

appeal fees.

 Sec. 32, PD 1529 (Petition for

Review
of
Decree
of
Registration)
Period: Not later than 1 yr. from & after
the date of such decree of registration.
*If 1 yr. has lapsed, action for damages
against any person responsible for
fraud.
*RTC where the land is located.

Actual Fraud
-Within 4 yrs. from the discovery of fraud
(issuance of the OCT since this is the
notice to the whole world).
Implied/Constructive Trust
Not in possession prescribe in 10 yrs.
from the date when adverse title is
asserted by the possessor.
In possession Imprescriptible. Quieting
of title is the remedy in this case.

Grounds:
a) Actual fraud

Express Trust

*EXCEPT if property has been

transferred to innocent purchaser
for Value (IPV)
b) Want of due process, provided
not IPV
c) Lack of jurisdiction of the CT (e.g.
land is not alienable)

Imprescriptible EXCEPT if property has

passed on to IPV & if trustee has openly
repudiated the trust by unequivocal acts(
e.g. he has refused to surrender , the
lattermust now asset his title to the
property
to
recover
possession,
prescription in 10 yrs. PROVIDED no
fraud is employed.

Parties who may file:

*If fraud is present, imprescriptible.

Any party deprived of the property or

any interest therein due to fraud.

NOTE: Trustee cannot asset title

adverse to his principal; possession of a
trustee is in effect possession of cestui
que trust, thus it cannot be a good
ground for a title by prescription.

Sec.
96,
Reconveyance

PD

29,

Period: After lapse of 1 yr. from

issuance of decree, thus the petition for
review no longer available, no longer
open to review.
Grounds:
a) Actual fraud
b) Trust, implied or express
c) Void Contract

Void Contract
Imprescriptible as void contract cannot
be the basis of ownership EXCEPT if
property has been transferred to IPV.

 Quieting of Title (Art. 176,

NCC)
-

Ordinary civil action

In personam but with respect to
res
Conclusive only as between the
parties
There must be an instrument,
record, claim, encumbrance, or
proceedings that form a cloud of
doubt over owners.

Parties to file: Registered owner or

acquisitive prescription owner; need not
be in possession of property.

passed on to an IPV & GF, action for

damages against the applicant or
person responsible.
b) In cases
property:

*Case: Pino v. CA
*Action for damages: 10 yrs.

Cancellation Suits
a) In cases of double sale/title

2 certificates issued to
different persons over
same property.
Certificate of earlier date
shall prevail

Case: Pajomayo v. Manipon, 1971

Action for Damages (Sec. 32,

PD 1529)
Period: After 10yrs. from date of decree
Grounds: If reconveyance is not
possible due to fact that property has

non-registrable

Registered as public land

or forest file ordinary
action for cancellation of
title.

c) In case the CT is issued even

prior to the finality of judgment
(prior to 15 days from receipt of
judgment)

Period: Imprescriptible
*If in possession, no need to wait until
his possession is disturbed.

of

Violative of the
process principles

Sec.
93-94,
PD
(Assurance Fund)

due

1529

Grounds: (Sec. 95)

a) Fraud
b) Consquence of error, omission,
mistake,
or
misdescription
(FEOMM)
Sec. 96 File against RD & National
Treasurer if FEOMM is by employees of
court or RD.
*If by other parties, the RD & National
Treasurer PLUS the person responsible
for FEOMM as co-defendants.
Requisites in case of insolvency of the
party who procuted the wrongful
registration:

Execution of favorable judgment

against NT & RD must be after
exhaustion of efforts to have
judgment satisfied versus other

defendant/s & judgment still

remains partially or wholly
unsatisfied;
Govt
is
then
subrogated to rights to collect
from other defendant. (Secs. 9799)

Land
Patents
Registration)
-

(Administrative

Grant lands of public domain

(alienable
&
disposable
agricultural lands)

Case: De Guzman v. Natl Treasurer

Sec. 103 of PD 1529
Extent of Damage: FMV of the property
at the time of loss or damage.
Limitation of Action: Instituted within 6
yrs. from time right to bring such action
arises PROVIDED that the right of
action shall survive to the legal
representative of the person sustaining
loss or damage, unless barred in his
lifetime AND if at the time such right of
action first accrued the person entitled to
bring such action was a minor or insane
or imprisoned, or otherwise under legal
disability, such person or anyone
claiming from, by or under him may
bring the proper action at any time within
two years after such disability has been
removed, notwithstanding the expiration
of the original period of 6 years.
*Sec. 100 RD is a necessary party.
Other Remedies:
-

Criminal action (e.g. forgery;

perjury)
Reversion of lands to public
domain (escheat proceedings)
Petition for declaration of nullity of
judgment (Rule 47, RoC)

Art. 1544, NCC (Double Sale)

1) G.F. 1st recorded
2) G.F. 1st possession
3) No possession oldest title in
G.F.

CT granted must brought under

Torrens System

*file with the RD of the province or

city where the land lies.
*registration of patent under Torrens
System does rest ownership, it
merely gives you the proof of
ownership.
*It is the act of registration that shall
be the operative act to affect and
convey the land (Silvestre v. CA)
*OCT is the proof of ownership (vs.
patent)
Q: As between who has a title
registered after judicial proceedings
& someone who has a title registered
with the RD pursuant to a patent on
homestead grant, who has a better
right?
A: 1st to register in GF with the RD (If
both registered at the same time, the
judicial proceedings has a better
right over PD.
Case: DBP v. Mangawang
A applied for a patent decree. In the
mean time, the Govt covered the
land under cadastral proceedings to
w/c A also applied. A was granted the

patent application. A was also

granted the land under Cadastral
Proceedings.

Other registration: Survey plan approved

by DENR technical description.
Subsequent Registration

Cadastral OCT 1922

Homestead Patent OCT 1920
He then loaned to DBP & failed to
pay. DBP foreclosed his land under
homestead in 1941. In 1947, A sold
his Cadastral OCT to X in 1947. Who
has a better right? DBP or X?
Ans: DBP

1. Voluntary dealings free &

voluntary acts of parties. (e.g.
sales, mortgage)
2. Involuntary writs or order of the
courts over registered property
which must be recorded &
registered to be effective. (e.g.
writs of attachment, injunction,
mandamus, adverse claim)

Kinds of Public Land Patent

Neccessity of Effects of Registration
Gen. Rule: Art. XII, Sec. 3 of 1987
Constitution: Citizens may not
acquire more than 12 hectares of
agricultural land by purchase,
homestead or grant.
1. Homestead Patent (Sec. 12,
13,14 of Public Land Act, CA 141)
2. Free
Patent
(Administrative
Legalization)
3. Sales Patent (Private Corps &
Associations are not qualified to
purchase)
4. Special Patents Grants to nonChristians inhabitants
DENR proper body w/c issues land
patents
*A patent certificate covering homestead
or sales is NOT INDEFEASIBLE
Sec. 119 the grantee heirs, widow
shall have a right to repurchase to which
he had alienated within 5yrs. under land
grant (from date of conveyance)
RA 10023 Free patents to residential
lands. (Secs. 1 & 2)

will bind the land; effect the

conveyance against 3rd persons.
Notice to all persons from the
time of registering, filing, and
entering.

*Mere execution of a
conveyance serves only as:

deed

of

1. Contract between the parties

2. Evidence of authority to the RD to
register such document (EXPN: A
will, w/c must be prompted.
Q: Is the buyer excused from looking
into the copy of the title with RD
because he is far from the office of the
RD where the property is situated (e.g.
overseas)?
A: NO. A buyer need to check the
authencity & veracity of the title. (Caveat
emptor)
Rule of Notice It is presumed that the
purchaser
has
examined
every
instrument affecting the title.

*You cant use other property of dbtor as

a security for loan if it has no causal
connection to the transaction.

Q: What if RD still refuses/denies to

enter the documents? Is mandamus a
remedy?

Q: Supposed when he looked into the

title before the RD, he saw a clean title;
soon after his verification, title was
encumbered with an attachment. He
continued with the transaction not aware
of the subsequent encumbrance. Can
he have the attachment removed?

A: NO. Go to the LRA via Consulta.

A: NO. But he can transfer with his

name but with the annotation at the
back.
Gen. Prcedure:
1. Present duly notarized deed
2. Present primary entry book
3. Surrender owners duplicate copy
of CT
4. Pay registration fee\
*Sec. 53, Sec. 56

Sale of only a portion of of the

property
-

Need for a subdivision plan duly

approved by the Bureau of
Lands, DENR, with technical
description before new TCT could
be issued for the portion sold.
Otherwise, annotated by way of
memorandum of the owners and
RDs copy to bind 3rd parties.

Q: May a forged document be a root of

a valid title?
A: YES. If the CT has already been
transferred from the name of the true
owner to the name indicated by the
forger, then it is deemed to be sold to a
buyer in good faith.

*Mingoa v. LRA, August 16, 1991

Mortgage
Q: Does the RD have to examine the
authencity of the documents?
A: NO. For the duty of the RD is
ministerial.
*Heirs of Sarili v. Lagrosa (Jan. 14,
2014)
*Even the intrinsic validity should not be
questioned as long as it is valid on its
face.
*Intrinsic Validity
*Extrinsic Validity

Basic Concept:
1. All embracing extends to
natural accession, improvement
2. Inseparable
3. Indivisible binds 3rd parties
when Deed of Mortgage is
registered
*Sps. Vilbar v. Opinion (Jan. 15, 2014)
Adverse Claim- not automatically cease
after 30 days.
-any interest against the registered
owner
-verified

Q: Can you combine adverse claim w/

lis pendens?

A: Not necessarily but you may do so.

Lis Pendens
-

Sec, 76, PD 1529; Rule 14, RoC

-

*Heirs of Lopez v. Enriquez, January 21,

2005
Consultas (Sec. 117, PD 1529)
Petitions (Actions surrender of
withheld duplicate certificate after
original registration) (Sec. 107, PD
1529)
Alteration/Amendment of Certificates
(Sec. 108, PD 1529) there must be a
court order.
Petition for Issuance of Lost or
Destroyed owners copy of title (Sec.
109, PD 1529)
-

No need for publication of the

petition, unlike reconstitution
To be filed in RTC of place where
land lies, even if title is issued
pursuant to a public land patents.

A: The court has no jurisdiction

and the ruling, if any, will be null
and void.
What may be reconstituted?
a. OCT
b. TCT
c. Liens & other encumbrances
affecting destroyed or lost CT
d. All these must be the copy with
the RD not the owners duplicate
copy.
Sources of Recon. Title
-

Reconstitution

Sec. 12 & 13, RA 26

mandatory
Publication 2X in the OG 30 days
before the hearing.
Contents
Posting on the main entrance of
provincial/city
bldg.
where
property is located.
Mailing to every person named
in the petition 30 days before
hearing.
Q: What happens if petition was
heard on the different date from
what was indicated in the notice
which was published?

Follow the order stated in the law;

only if you do not have A can you
use B (and so on).