LAND REGISTRATION

UPDATES AND REMEDIES IN

FRAUDULENT REGISTRATION
JUSTICE OSWALDO D. AGCAOILI
Philippine Judicial Academy
Supreme Court

REGALIAN DOCTRINE

 What is the Regalian doctrine?

Under the Regalian doctrine, all lands of whatever
classification and other natural resources not
otherwise appearing to be clearly within private
ownership are presumed to belong to the State.
To overcome the presumption of State
ownership, the applicant must establish through
incontrovertible evidence that the land sought to
be registered is alienable or disposable based on
a positive act of the government. (Republic v.
Remnan Enterprises, Inc., GR No. 199310, Feb.
19, 2014; Republic v. Bantigue, GR No.
162322, March 14, 2012)

 Is the Regalian doctrine reflected in the

Constitution?
Yes. Sec. 2, Art. XII, provides:
Sec. 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated.

NATURE OF REGISTRATION
PROCEEDINGS

 Is registration a mode of acquiring ownership?

No. Registration is not a mode of acquiring
ownership but is merely a procedure to establish
evidence of title over realty - a system of registration
of titles to lands.
Judicial proceedings for the registration of lands shall
be in rem and based on generally accepted principles
underlying the Torrens system. (Sec. 2, PD 1529)
Jurisdiction in rem is acquired by the constructive
seizure of the land through publication, service of
notice and posting. (Sec. 23, id.)

 What is the purpose of registration?

The purpose of registration is to quiet title to land; to
put a stop forever to any question as to the legality of
the title, except claims which are noted in the
certificate; to decree land titles that shall be final,
irrevocable, and indisputable; and to relieve the land
of the burden of known as well as unknown claims.
But the Torrens system does not furnish a shield
for fraud, nor permit one to enrich himself at the
expense of others. (Rodriguez v. Lim, 459 SCRA
412; Manlapat v. Court of Appeals, GR No.
125585, June 8, 2005)

JURISDICTION

 What court has jurisdiction over land registration

cases?
Regional trial courts have exclusive jurisdiction
over land registration cases and all petitions after
original registration. (Sec. 2, PD No. 1529)
However, first level courts may be assigned by the
cases:
(a) Where there is no opposition, or
(b) Over contested lots, the value of which does
not exceed P100,000. (Republic v. Bantigue,
supra) SC to hear and determine cadastral or land
registration
Appeal is taken to the Court of Appeals.

 How is the assessed value of the land ascertained?

The value of the property is ascertained in three ways:
First, by the affidavit of the claimant;
Second, by agreement of the respective claimants,
if there are more than one; or,
Third, from the corresponding tax declaration of
the real property. (Sec. 34, BP 129)
The value of the land should not be determined with
reference to its selling price.

PRIMARY CLASSIFICATION
OF LANDS
OF THE PUBLIC DOMAIN

 How are lands of the public domain classified?

The 1987 Constitution classifies lands of the
public domain into:
Agricultural lands,
Forest or timberlands,
Mineral lands, and
National parks.
Alienable lands of the public domain shall be
limited to agricultural lands.

 Who classifies lands of the public domain?

The classification of public lands is an exclusive
prerogative of the executive department. In the
absence of classification, the land remains as
unclassified land until it is released for
disposition. (Republic v. Fabio, 575 SCRA 511)
The President through a proclamation or
executive order, or Congress by a legislative act,
can classify or reclassify lands of the public
domain. (Sec. of DENR v. Yap, 568 SCRA 164)
The DENR Secretary is the only other official
authorized to approve a land classification.

SECONDARY
CLASSIFICATION OF
AGRICULTURAL LANDS

 For purpose of administration and disposition, A

and D lands may be further classified according to
the use or purpose to which they may be devoted:
Agricultural;
Residential, commercial, industrial, or for similar
purposes
Educational, charitable, or other similar
purposes; and
Reservations for townsites and for public and
quasi-public uses. (Sec. 9, CA No. 141).

NON-REGISTRABLE
PROPERTIES

 Lands for public use or public service

Those intended for public use, such as roads,
canals, rivers, torrents, ports and bridges, etc.;
Those which, without being for public use, are
intended for some public service or for the
development of the national wealth. (Art. 420, CC)
These properties are outside the commerce of men
and therefore not subject to private appropriation.
(Martinez v. Court of Appeals, 56 SCRA 647)

ILOILO FISHING PORT

 Rivers, waters:
Rivers and their natural beds, lakes, all
categories of surface waters, atmospheric or
subterranean ground waters, and seawater all
belong to the State.
Waters found, or rain water falling, on private
lands also belong to the State.

CAGAYAN RIVER

 PANDAN RIVER, ONE OF THE

CLEANEST IN THE PHILIPPINES

LOBOC RIVER, BOHOL

 Watersheds
Watersheds generally are outside the commerce of
man.
The Constitution expressly mandates the
conservation and proper utilization of natural
resources, which includes the countrys watershed.
(Sta. Rosa Realty Development Corporation v.
Court of Appeals, GR No. 112526, Oct. 12, 2001)

 Mangrove swamps
Mangrove swamps form part of the public forests
and, therefore, not subject to disposition until and
unless they are first released as forest land and
classified as alienable agricultural land.
The Fisheries Code makes it unlawful for any
person to convert mangroves into fishponds or for
any other purposes.

ENVIRONMENTALISTS CHECKING THE

MANGROVES

 Forests:
Forest is a large tract of land covered with a
natural growth of trees and underbrush.
The classification is descriptive of its legal nature
or status and does not have to be descriptive of
what the land actually looks like. (DENR Sec. v.
Yap, GR No. 167707, Oct. 8, 2008)
Unless and until the land classified as forest is
released as A and D, the rules of confirmation of
title do not apply. (Amunategui v. Director of
Forestry, 126 SCRA 69)

 Mineral lands:
Mineral land means any area where mineral
resources are found.
Mineral lands and resources are owned by the
State and their exploration, development and
utilization is subject to the full control and
supervision of the State. (Republic v. CA and Dela
Rosa, 160 SCRA 228; La Bugal-Blaan v. Ramos,
445 SCRA 1)
Possession of mineral land, no matter how long,
does not confer possessory rights. (Atok Big
Wedge v. CA, 193 SCRA 71)

OPEN PIT MINING

 National parks:
Land reserved for park purposes is not registrable.
(Palomo v. Court of Appeals GR No. 95608, Jan.
21, 1997)
Where a certificate of title covers a portion of land
within the area reserved for park purposes, the title
should be annuled with respect to that portion.
(Palomo v. CA, 266 SCRA 392)
For instance, the Tiwi Hot Spring National Park
cannot be disposed of under the Public Land Act
or Property Registration Decree.

CEBU NATIONAL BEACH PARK

PALAWAN SUBTERRANEAN RIVER

NATIONAL PARK

 Military or naval reservation:

Land inside a military (or naval) reservation, like the
Fort Bonifacio Military Reservation, cannot be the
object of registration unless it had been withdrawn
from the reservation and declared as A and D land.
It remains part of a military reservation even if
incidentally it is devoted for a purpose other than as a
military camp.
Moreover, the 1987 Constitution forbids private
corporations from acquiring any kind of alienable land
of the public domain, except through lease for a
limited period. (Republic v. Southside, 502 SCRA
587)

 Foreshore lands:
A foreshore land is that strip of land that lies
between the high and low water marks and that is
alternately wet and dry according to the flow of the
tide, or "that part of the land adjacent to the sea
which is alternately covered and left dry by the
ordinary flow of the tides. Foreshore lands are
inalienable unless declared to be A and D portions
of the public domain. (Republic v. RREC, 299
SCRA 199)
Land invaded by the sea is foreshore land and
becomes part of the public domain. (Republic v.
CA and Morato, 281 SCRA 639)

 Puno, J., concurring opinion in Republic v. RREC:

The CCP is a non-municipal public corporation
established for the primary purpose of propagating arts
and culture in the Philippines. It was created to awaken
the consciousness of the Filipino people to their artistic
and cultural heritage, and encourage them to assist in
its preservation, promotion, enhancement and
development. The CCP Complex was established as a
worthy venue for Filipino artists to express their art
and for the people to appreciate art and the Filipino
culture. But more than its peso and centavo
significance, the Decision and Amended Decision,
unless reversed, will deal arts and culture a debilitating
blow.

 Reclaimed lands:
Submerged areas form part of the public domain;
only when reclaimed from the sea can these
submerged areas be classified as agricultural lands.
Once reclaimed the government may then officially
classify these lands as A and D, and declare these
lands no longer needed for public service. Only
then can these lands be considered as A and D
lands and within the commerce of men. (Chavez v.
PEA, 384 SCRA 152)

 Lakes:
Lakes are neither agricultural nor disposable lands
of the public domain; hence, free patents and
certificates of title covering portions of the lake are
a nullity.
But areas beyond its natural bed, or the ground
covered by the waters at their highest ordinary
depth during the dry season, may be registered.
(Republic v. CA and De Rio, 131 SCRA 532)

LAGUNA LAKE

 Protected areas:
RA No. 7586 provides for the establishment and
management of a national integrated protected
areas system referred to as the National Integrated
Protected Areas System Act of 1992.
Protected areas are necessary to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable
use of resources found therein.
A protected area, like the Bataan Natural Park, is
inalienable.

MT. AMUYAO, 3RD HIGHEST PHIL.

MOUNTAIN

 Reservations for public and semi-public purposes

The President may designate by proclamation any
tract of land of the public domain for the use of the
Republic or its branches, e.g., public or semipublic uses like highways, hydroelectric sites,
railroads, irrigation systems, etc. which shall be
inalienable.
The reserved land shall thereafter remain until
otherwise provided by law or proclamation.
(Republic, rep. by Mindanao Medical Center v.
CA, 73 SCRA 146)

REGISTRATION UNDER
THE PROPERTY
REGISTRATION DECREE
(PD 1529)

WHO MAY APPLY

Under Sec. 14(1), PD 1529
Those who by themselves or their predecessorsin-interest have been in open, continuous,
exclusive and notorious possession and occupation
of alienable and disposable lands of the public
domain under a bona fide claim of ownership since
June 12, 1945, or earlier.

 Requisites
The applicant must be a Filipino citizen.
The land must already be classified as alienable
and disposable (A and D) land at the time of the
filing of the application (Malabanan v. CA, GR No.
179987, April 29, 2009, Sept. 3, 2013; Mercado v.
Valley Mountain Mines, GR No. 141019, Nov. 23,
2011; Victoria v. Republic, GR No. 179673, June
8, 2011; Republic v. Vega, GR No. 177790, Jan.
17, 2011;
Possession and occupation must be open,
continuous, exclusive and notorious under a bona
fide claim of ownership (OCENCO);
Since June 12, 1945 or earlier.

 Possession is Open when it is patent, visible, apparent, notorious

and not clandestine;
Continuous when uninterrupted, unbroken and not
intermittent or occasional;
Exclusive when the adverse possessor can show
exclusive dominion over the land and an
appropriation of it to his own use and benefit; and
Notorious when it is so conspicuous that it is
generally known and talked of by the public or the
people in the neighborhood. (Bienvenido v.
Gabriel, GR No. 175763, April 11, 2012)

 Under Sec. 14(2)

Those who have acquired ownership of private
lands by prescription under the provisions of
existing laws
Rule on prescription:
Ordinary prescription 10 years in good faith
Extraordinary prescription 30 years
But land must be patrimonial property for
prescription to apply. (Malabanan v. Republic,
supra)

 Lands of the public domain shall form part of the

patrimonial (private) property of the State when there
is a declaration that:
These lands are alienable or disposable, and
Are no longer intended for public use or public
service
Only when such lands have become patrimonial can
the prescriptive period for the acquisition of the
property begin to run. (Malabanan v. CA, supra)

 Under Sec. 14(3)

Those who have acquired ownership of private

lands or abandoned river beds by right of accession
or accretion under the existing laws.

 Ownership of abandoned river beds by right of

accession:
Under Article 461 of the Civil Code, river beds
which are abandoned through the natural change in
the course of the waters ipso facto belong to the
owners whose lands are occupied by the new
course in proportion to the area lost. However, the
owners of the adjoining lands shall have the right
to acquire the same by paying the value thereof.
The reason is that they are in the best position to
utilize the old river bed which is adjacent to their
property.

 Requisites for the application of Art. 461:

The change must be sudden in order that the old

river may be identified;
The change of the course must be more or less
permanent, and not temporary overflooding of
anothers land.
The change of the river must be a natural one, i.e.,
caused by natural forces (and not by artificial
means)
There must be a definite abandonment by the
government;
The river must continue to exist, i.e., it must not
completely disappear.

 Ownership by right of accretion

Under Art. 457, CC, to the owners of land

adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of
the current of the waters. Justification:
To offset the owners loss for possible erosion
of his land due to the current of the river;
To compensate him for his burdens arising from
the subjection of his land to encumbrances or
legal easements; and
Owner is in the best position to cultivate it.
(Cortex v. City of Manila, 10 Phil. 567)
;

 The owner must register the accretion under the

Torrens system, otherwise the alluvial property may
be subject to acquisition through prescription by third
persons. (Grande v. Court of Appeals, 5 SCRA 524)
The increment does not automatically become
registered land just because the lot which receives
such accretion is covered by a Torrens title. It must
be placed under the operation of the Torrens
system. (Cureg v. IAC, 177 SCRA 313)

 Requisites for the application Art. 457:

That the deposit be gradual and imperceptible;

That it be made through the effects of the current

of the water; and

That the land where accretion takes place is
adjacent to the banks of rivers.
In the absence of evidence that the change in the
course of the river was sudden or that it occurred
through avulsion, the presumption is that the change
was gradual and caused by accretion and erosion.

 Under Sec. 14(4)

Those who have acquired ownership of land in any

other manner provided for by law.

In Republic, rep. by the Mindanao Medical Center v.

Court of Appeals (GR No. L-40912, Sept. 30, 1976),
the SC held that Proclamation No. 350 legally effected
a land grant for medical purposes to the Mindanao
Medical Center validly sufficient for initial registration
under the Land Registration Act.

WHO MAY APPLY:

CITIZENSHIP
REQUIREMENT

 On the basis of their capacity to acquire or holds

lands of the public domain, the following may
acquire private lands:
Filipino citizens
Filipino corporations and associations, 60% of
whose capital are owned by Filipinos
Aliens by hereditary succession
A natural born citizen who has lost his citizenship
may be transferee of private lands subject to area
limitations (Sec. 8, Art. XII)
Aliens are disqualified from acquiring public and
private lands. (Kivenko v. RD, 79 Phil. 461

 Constitutional provisions
Save in cases of hereditary succession, no private
lands shall be transferred or conveyed except to
individuals, corporations, ort associations
qualified to acquire or hold lands of the public
domain. (Sec. 7, Art. XII)
Notwithstanding the provisions of Section 7 of
this Article, a natural-born citizen of the
Philippines who has lost his Philippine
citizenship may be a transferee of private lands,
subject to limitations provided by law. (Sec. 8,
Ibid)

 Area limitations under RA 7042 as amended by RA

8179

Urban land 5,000 square meters

Rural land 3 hectares.

Under RA 9225 (Citizenship Retention and Reacquisition Act of 2003), a natural-born citizen who
has lost his Philippine citizenship by reason of his
naturalization as a citizen of a foreign country is
deemed to have re-acquired Philippine citizenship
upon taking his oath of allegiance to the Republic and
shall enjoy full civil and political rights under
existing laws.

 The capacity to own land is determined at the time of

its acquisition and not registration.
Example: Pedro, a Filipino, bought land from Jose
who at the time of the sale had already complied
with the requirements for the registration of the
land. Pedro later became a naturalized Canadian
citizen. Pedros subsequent acquisition of
Canadian citizenship will not impair his right to
the land which he could have validly registered
when he was yet a Filipino citizen. He is also
qualified under the terms of Sec. 8, Art. XII,
Constitution. (Republic v. CA and Lapia, 235
SCRA 567)

 Q. Can a Filipino vendor recover land sold to an

alien?
A. Yes. When an agreement is not illegal per se
but is merely prohibited and the prohibition is
designed for the protection of the plaintiff, he may
recover the land, the public policy being to
preserve and maintain the land in the hands of
Filipino citizens. (Phil. Banking Corp. v. Lui She,
21 SCRA 52; Borromeo v. Descallar, 580 SCA
175; United Church v. Sebastian, 159 SCRA 446)
Note: In Rellosa v. Gaw Chee Hun, 93 Phil. 827, the
Filipino vendor was in pari delicto with the alien
vendee, hence, recovery was not allowed.

 Other illustrative cases on acquisition by aliens

Where the land was now in the hands of a
naturalized Filipino, there is no more public policy
to be served by allowing recovery. (Barsobia v.
Cuenco , 199 Phil. 26),
Where land is sold to a Chinese who later sold it to a
Filipino, the sale can no longer be impugned.
(Herrera v. Guan, 1 SCRA 406).
Chuck, an American, and Cory, a Filipino, acquired
land which was registered in the latters name. Cory
sold the land to Mario without Chucks consent.
Valid? Yes. Chuck never acquired any right to the
land, he being an alien. (Cheesman v. IAC, 193
SCRA 93)

 Private corporations not qualified

Private corporations or associations may not
hold (such) alienable lands of the public
domain except by lease, for a period not
exceeding 25 years, renewable for not more
than 25 years, and not to exceed 1,000 hectares
in area. (Sec. 3, Art. XII, Constitution)
Reason: to encourage economic family-sized
farms by transferring ownership of only a limited
area of alienable lands of the public domain to a
qualified individual. Available lands are
decreasing due to increasing population.

 Corporation sole
But a corporation sole is vested with the right to
hold real estate and personal property. (Roman
Catholic Apostolic v. LRC, 102 Phil. 596)
It is created not only to administer the
temporalities of the church or religious society
where the administrator (bishop or archbishop)
belongs but also to hold and transmit the same to
his successor in office.
Upon the death of the administrator, church
properties pass, by operation of law, not to his
heirs but to his successor in office.

EVIDENCE OF
OWNERSHIP

 What kind of evidence is necessary to prove gthe

classification of the land as A and D?
To prove that the land subject of the application
for registration is alienable, an applicant must
establish the existence of a positive act of the
government such as a presidential proclamation or
an executive order; an administrative action;
investigation reports of Bureau of Lands
investigators; and a legislative act or statute.
(Republic v. Heirs of Sin, GR No. 157485, March
26, 1014; Gaerlan v. Republic, GR No. 192717,
March 12, 2014)

 The application for original registration must be

accompanied by:
(1) CENRO or PENRO Certification that land is A
and D; and
(2) Certified copy of the original classification
approved by the DENR Secretary. (Republic v.
Joson, GR No. 163767, March 10, 2014; Republic
v. Aboitiz, GR No. 174626, Oct. 23, 2013;
Republic v. Bantigue, GR No. 162322, March 14,
2012; Republic v. Dela Paz, GR No. 171631, Nov.
5, 2010; Republic v. T.A.N, 555 SCRA 477)

 Policy clarification by DENR Memorandum No. 564,

dated Nov. 15, 2012:
The issuance of the certification and the certified
copy of the approved LC Map to prove that the
area applied for is indeed classified as A and D is
within the competence and jurisdiction of the
CENRO.
A separate administrative order has been issued
delegating to the CENRO the authority to issue
the certification and the certified true copy of the
approved land classification map and the particular
issuance or order which was used as basis for such
classification.

 DENR level of authority on land classification

Secretary: Land classification and release of lands
of the public domain as alienable and disposable
(A and D)
Secretary: Sub-classification of forest lands
according to use
PENRO: Issuance of certificate whether timber
land or A and D above 50.0 has.
CENRO: Issuance of certificate whether timber
land or A and D below 50.0 has. (Republic v.
Jaralve, GR No. 175177, Oct. 24, 2012)

 Can the matter of classification be established by

agreement of the parties?
No. The alienability and disposability of land
cannot be established by mere admissions, or even
the agreement of parties.
The courts are empowered to ensure that the
ownership of the State is duly protected by the
proper observance by parties of the rules and
requirements on land registration. (Republic v.
Jaralve, GR No. 175177, Oct. 24, 2012, citing
Republic v. Medida, GR No. G.R. No. 195097,
August 13, 2012.

 How is the identity of the land be determined?

Land must first be surveyed to establish its
identity, location and area. Only the LMB
Director may approve survey plans for original
registration purposes. (PD 239, July 9, 1973)
There is now no need to present the tracing cloth
plan of the land. A certified blue print or white
print copy of the plan suffices for registration
purposes. (Director of Lands v. CA and Iglesia ni
Cristo, 158 SCRA 586)

 How is the area of land determined?

What defines a piece of land is not the area,
calculated with more or less certainty mentioned in
the description, but the boundaries therein laid down,
as enclosing the land and indicating its limits.
(Balantakbo v. CA, GR No. 108515, Oct. 16, 1995;
Rep. v. CA and Santos, GR No. 116111, Jan. 21,
1969)

 Q. In overlapping of titles disputes, what is the best

action to do in the premises?
A. It has always been the practice for the court to
appoint a surveyor from government land agencies
the LRA or the DENR to act as commissioner.
Q. What is a survey?
A. Survey is the process by which a parcel of land is
measured and its boundaries and contents ascertained;
also a map, plat or statement of the result of such
survey, with the courses and distances and the
quantity of the land. (Pabaus v. Yutiamco, GR No.
164356, July 27, 2011)

 Explain how possession and occupation may be

proved.
Possession must be under a claim of ownership.
Acts of a possessory character by one who holds
the property by mere tolerance of the owner is not
in the concept of owner, and do not start the period
of prescription.
Actual possession consists of acts of dominion of
such a nature as a party would naturally exercise
over his own property
Occupation delimits the all-encompassing effect of
constructive possession.

 Give an example of a case where possession was not

proved?
In Republic v. Metro Index Realty, GR No. 198585,
July 2, 2012, the Court observed:
The number of coconut trees is unspecified while the
number of fruit-bearing trees is too few (three santol,
one avocado and one star apple).
The presence of a meager number of plantings on the
subject properties shows that the respondent and its
predecessors-in-interest engaged in mere casual
cultivation, which does not constitute possession under
claim of ownership.

 What is the rule of preference in case of conflict of

possession
The present possessor shall be preferred;
If there two possessors, the one longer in
possession;
If the dates of the possession are the same, the
one who presents a title; and
If both possessors have titles, the court shall
determine the rightful possessor and owner of
the land. (Art. 538, CC)
Mere possession will not defeat the title of a holder of
registered land. (Eduarte v. CA, 253 SCRA 391)

 Who has the burden of proof in land registration

proceedings?
An applicant for registration has the burden of
proving that he is its owner in fee simple, even
though there is no opposition. As held in First Gas
Power v. Republic, GR No. 169461, Sept. 2, 2013:
No person is entitled to have land registered under the
Cadastral or Torrens system unless he is the owner in
fee simple of the same, even though there is no
opposition presented against such registration by third
persons. . . . the burden is upon him to show that he is
the real and absolute owner, in fee simple. (Citing
Republic v. Lee, 197 SCRA 13)

 What may be considered overt acts of possesion in

concept of owner?
Introducing valuable improvements on the land like
fruit-bearing trees;
Fencing the area
Constructing a residential house thereon; and
Declaring the land for taxation purposes.

In a practical and scientific way of planting, a onehectare land can be planted to 144 coconut trees.
It takes only 10 years for mango trees, and 5 years for
coconuts trees, to begin bearing fruit. Republic v. CA
and Chavez, 167 SCRA 150)

 Are tax declarations and tax receipts proof of

ownership?
Tax declarations and tax receipts are not
conclusive evidence of ownership but they are a
good indicia of possession in the concept of
owner. (Llanes v. Republic, 572 SCA 258) A tax
declaration merely prove payment of taxes.
When coupled with actual possession, payment of
taxes is evidence of great weight and can be the
basis of a claim of ownership through prescription.
(Republic v. Alconaba, 427 SCRA 611)
Taxes must be paid annually.

 Are Spanish titles still consideded efficacious proof

of ownership?
Pursuant to PD No. 892, dated Feb. 16, 1976,
Spanish titles may no longer be used as evidence
of land ownership
The proliferation of dubious Spanish titles have
raised conflicting claims of ownership and tended
to destabilize the Torrens system of registration.
Case study: Intestate Estate of Don Mariano San
Pedro y Esteban v. Court of Appeals, 265 SCRA
733. See also: Paraguya v. Crucillo, GR No.
200265, Dec. 2, 2013.

 The application for original registration must be

accompanied by:
(1) CENRO or PENRO Certification that land is A
and D; and
(2) Copy of the original classification approved by
the DENR Secretary and certified as a true copy by
the legal custodian thereof. (Republic v. Bantigue,
GR No. 162322, March 14, 2012; Republic v. Dela
Paz, GR No. 171631, Nov. 5, 2010; Republic v.
T.A.N, 555 SCRA 477)
Note: In Gaerlan v. Republic, GR No. 192717, March 12,
2014, the Court held that the CENRO/PENRO certification
is not sufficient evidence of the facts stated therein).

 Identity of the land

Land must be surveyed to establish its identity,
location and area. Only the LMB Director may
approve survey plans for original registration
purposes. (PD 239, July 9, 1973)
There is now no need to present the tracing cloth
plan of the land. A certified blue print or white
print copy of the plan suffices for registration
purposes. (Director of Lands v. CA and Iglesia ni
Cristo, 158 SCRA 586)

 Possession and occupation

Possession must be under a claim of ownership.
Acts of a possessory character by one who holds
the property by mere tolerance of the owner is not
in the concept of owner, and do not start the period
of prescription.
Actual possession consists of acts of dominion of
such a nature as a party would naturally exercise
over his own property
Occupation delimits the all-encompassing effect of
constructive possession.

CERTIFICATE OF TITLE

 Issuance of decree and cetificate of title

Within 15 days from entry of the judgment, the
court shall direct the LRA Administrator to issue
the decree of registration and prepare the original
and duplicate certificate of title based thereon.
The original certificate of title, signed by him,
shall be a true copy of the decree, and shall be
sent, together with the owners duplicate, to the
Register of Deeds of the city or province where
the land lies. (Sec. 39, PD 1529)

 A certificate of title may be an original certificate of

title, which constitutes a true copy of the decree of
registration, or a transfer certificate of title, issued
subsequent to original registration.
The title serves as evidence of an indefeasible and
incontrovertible title one year after the issuance of
the decree of registration by the LRA. (Del Prado v.
Caballero, GR No. 148225, March 3, 2010;
Panganiban v. Dayrit, 464 SCRA 370)
A person dealing with registered land need not go
beyond, but only has to rely on, the title of his
predecessor. (Guaranteed Homes v. Valdez, 577
SCRA 441)

 A certificate of title issued pursuant to administrative proceedings is as indefeasible as any title

issued through judicial proceedings provided the land
is a disposable public land, and becomes
incontrovertible one year after the issuance of the
patent. (Republic v. Carle, 105 Phil. 1227)
A certificate of title based on an emancipation patent
under PD No. 27 also enjoys the same protection as a
certificate issued judicially or administratively.
(Lonoy v. Sec. of Agrarian Reform, GR No. 175049,
Nov. 27, 2008)

REMEDIES

REVIEW OF DECREE

 In Eland Philippines v. Garcia, GR No. 173289,

Feb. 17, 2010, the Court, citing Agcaoili, Property
Registration Decree and Related Laws, held that:
courts may reopen the proceedings where a
petition for review is filed within one year from
the issuance of the decree of registration, based
on actual or extrinsic fraud.

 Requisites:
(a) petitioner must have an interest in land;
(b) petition is based on actual or extrinsic
fraud;
(c) petition is filed within one year from the
issuance of the decree of registration; and
(d) property has not yet passed to innocent
purchaser for value. (Walstrom v. Mapa, 314
Phil. 527)

 Extrinsic fraud is the fraudulent act of the

successful party committed outside the trial of a
case against the defeated party which prevented the
latter from fairly presenting his case.
Intrinsic fraud refers to acts of a party in a litigation
during the trial, such as the use of forged
instruments or perjured testimony, which did not
affect the presentation of the case, but did prevent a
fair and just determination of the case. (Palanca v.
American Food Manufacturing, 24 SCRA 819)
The fraud must have prevented a party from having
his day in court.

ACTION FOR
RECONVEYANCE

 Reconveyance
It is a legal and equitable remedy granted to the
rightful landowner, whose land was wrongfully or
erroneously registered in the name of another, to
compel the registered owner to transfer or
reconvey the land to him.
The action respects the decree of registration as
incontrovertible but seeks the transfer of property,
wrongfully or erroneously registered in another
persons name, to its rightful owner or a person
who has a better right. (Alde v. Bernal, GR No.
169336, March 18, 2010; Ybaez v. IAC, 194
SCRA 793; Gonzales v. IAC, 157SCRA 587)

 An action for reconveyance is an ordinary action

involving title to land, and should be filed in the
courts where the land or portion thereof is situated.
(Sec. 1, Rule 4; Latorre v. Latorre, GR No. 183026,
March 20, 2010; Republic v. Mangatora, GR No.
170375, July 7, 2010)
In civil actions involving title to or interest in
property, jurisdiction rests with the RTC where the
assessed value of the property exceeds P20,000
(or, P50,000 in Metro Manila).
The action is in personam and is binding only on
persons impleaded. (Ching v. CA, 181 SCRA 9)

 Requisites
Action is brought by the party in interest after one
year from issuance of decree;
Registration was procured through actual fraud;
Property has not yet passed to innocent purchaser
for value.
But a party may file an action for reconveyance of
the property of which he has been illegally deprived
even before the issuance of the decree. (Mun. of
Hagonoy v. Secretary, 73 SCRA 507)

 Pacete v. Asotigue, GR No. 188575, Dec. 10, 2012

Facts: When Pacete procured OCT No. V-16654 in
1961, the disputed lot was already in possession of
Asotigue, whose predecessor-in-interest, Sumagad,
had been occupying it since 1958. Is reconveyance
proper?
Held: Yes. The registration of Asotigue's lot in favor
of Pacete, who neither possessed nor occupied it, is
wrongful. Since Pacete had not yet transferred the lot
to an innocent purchaser for value, an action for
reconveyance is proper. Reconveyance is available not
only to the legal owner of a property but also to the
person with a better right thereto.

 Prescription of action for reconveyance

Action based on fraud 4 years

Action based on implied trust 10 years
Action based on void contract imprescriptible
Action to quiet title where plaintiff is in possession
imprescriptible
But laches may bar recovery. (Lucas v. Gamponia,
100 Phil. 277)

ACTION FOR
DAMAGES

 After one year from the issuance of the decree, the

sole remedy of the aggrieved party is not to set aside
the decree but, respecting it as incontrovertible and no
longer open to review, to bring an ordinary action in
the ordinary court for reconveyance.
But if the property has passed into the hands of an
innocent purchaser for value, the remedy is an
action for damages. (Gonzales v. IAC, 157 SCRA
587)
Action for damages must be brought within 10
years from issuance of the questioned certificate of
title. (Art.1144, CC)

REVERSION

 Reversion is an action filed by the government,

through the Office of the Solicitor General, to restore
public land fraudulently awarded and disposed of to
private individuals or corporations to the mass of the
public domain. (Yujuico v. Republic, GR No. 168661,
Oct. 26, 2007, citing Agcaoili, Property Registration
Decree)
Ground: in all cases where lands of the public
domain are held in violation of the Constitution.

 All actions for the reversion to the Government of

lands of the public domain or improvements thereon
shall be instituted by the Solicitor General or the
officer acting in his stead, in the proper courts, in the
name of the Republic of the Philippines. (Sec. 101,
PLA)
But unless and until the land is reverted to the
State by virtue of a judgment of a court of law in a
direct proceeding for reversion, the Torrens
certificate of title thereto remains valid and
binding against the whole world. (Tolentino v.
Laurel, GR No. 181368, Feb.22, 2012)

 State not bound by prescription or estoppel

Under Sec. 91 of the PLA (CA No. 141), the LMB
Director has continuing authority to conduct
investigation to determine whether or not public
land has been fraudulently awarded or titled to the
end that the corresponding certificate of title be
cancelled and the land reverted to the mass public
domain. (Piero v. Director of Lands, 57 SCRA
386)
The indefeasibility of a title is not a bar to an
investigation by the State as to how such title has
been acquired. (Cavile v. Litania-Hong, 581 SCRA
408)

CANCELLATION
OF TITLE

 Cancellation of title is an action initiated by a private

party usually in a case where two titles are issued for
the same lot.
Where two titles are issued for the same lot, the
earlier in date prevails. (Pajomayo v. Manipon,
39 SCRA 676)
Land does not revert to the State but is declared
as lawfully belonging to the party whose title is
superior over the other.
But the State is vested with personality to file
the action to protect public interest and
safeguard the Assurance Fund.

ANNULMENT OF
JUDGMENT

 This is an extraordinary remedy filed with the

Court of Appeals under Rule 47 of the Rules of
Court, where the ordinary remedies of new trial,
appeal, petition for relief or other appropriate
remedies are no longer available through no fault
of the petitioner.
Judgments or orders of quasi-judicial bodies, e.g.,
NLRC or DARAB, are not covered by petitions
for annulment.

 Grounds for annulment:

(a) action is based on extrinsic fraud, filed within

four years from discovery;
(b) lack of jurisdiction over the person of the
defendant/respondent or over the subject matter of
the action.
If based on lack of jurisdiction, petitioner need
not allege that the ordinary remedies of new
trial or appeal are no longer available through
no fault of his.
If ground is lack of jurisdiction, another remedy
is certiorari under Rule 65 where the CA and
SC have concurrent jurisdiction.

 The RTC may properly take cognizance of reversion

suits which do not call for an annulment of judgment
of the RTC acting as a land registration court.
Actions for cancellation of title, reconveyance and
reversion belong to the class of cases that "involve
the title to, or possession of, real property, or any
interest therein." Where the assessed value of the
property exceeds P20,000.00 (BPBlg. 129, Sec. 19
[2]), the action falls under the jurisdiction of the
RTC. (Rep. v. Roman Catholic Archbishop, GR No.
192975, Nov. 12, 2012; Santos v. CA, 214 SCRA
162)

RECOVERY OF DAMAGES
FROM THE ASSURANCE
FUND

 A person who sustains loss or damage, or is deprived

of any land or interest therein by the operation of the
Torrens system after original registration, without
negligence on his part, is entitled to recover damages
from the Assurance Fund. (Sec. 95, PD No. 1529)
But the plaintiff who holds a certificate of title must
be an innocent purchaser for value.
The action must be brought within 6 years from the
time right of action accrues

 Requisites for recovery

As to any person who sustains loss or damage:
No negligence on his part, and
Loss or damage was through the omission or
mistake of the court personnel, or the Register of
Deeds or other employees of the Registry in the
performance of their duties.

 As to any person deprived of any land or interest in

the land:
No negligence on his part;
He was deprived of land or interest therein by the
registration by any other person as owner of such
land; or by mistake , omission or misdescription in
any owners duplicate certificate, or in any
memorandum in the register, or by any
cancellation; and
He is barred from bringing an action for the
recovery of such land or interest therein.

 Illustrative cases
National Treasurer v. Perez (131 SCRA 264)
where respondent could not be awarded damages
since the donation to him was not executed with
the formalities of a will and therefore could not
have transferred to him ownership of the property.
Treasurer of the Philippines v. CA (153 SCRA
3590) where respondents acquired no land or any
interest in the land as a result of the invalid sale to
them by the impostor Lawaan Lopez who had no
title or interest to transfer.

Thank you and good day!

Justice Oswaldo D. Agcaoili
Philja, Supreme Court