Beruflich Dokumente
Kultur Dokumente
part
CHAPTER XII
book
LAND TITLES REVIEWER/NOTES
Page 1 of 127
GENERAL PROVISIONS
The Law of the Indies was followed by the Ley Hipotecaria or the
The Maura Law: was partly an amendment and was the last
The court through its clerk of court shall furnish the Land
(REGALIAN DOCTRINE)
regalia
This concept was first introduced through the Laws of the Indies
WHICH PROVIDES
Page 2 of 127
obtained and petition was dismissed and the laws validity was
upheld
the US SC through Holmes held: xxx the land has been held by
land title that existed irrespective of any royal grant from the
Islands via the Philippine Bill of 1902. The IPRA recognizes the
domains and ancestral lands and defines the extent of these lands
and domains
subject to the Constitution, and that no one is exempt from its all-
encompassing provisions
power, in which cases, beneficial use may by the measure and the
mentioned therein
Page 3 of 127
Registration under Act No. 496 or PD No. 1529 doesnt vest in the
Torrens system
Placed all public and private land under the Torrens system
reserves
6. It has restored to their just value many estates, held under good
faults
2. To put a stop forever to any question of legality of the title, except
REGISTRATION
Once a title is registered the owner may rest secure, without the
State has the power and right to provide for a procedure for the
State has control over the real property within the limits
State doesnt possess only the right to determine how title to real
fraud, there are no innocent third parties who may claim any
legislative capacity to establish the method of procedure
interest.
All land that were not acquired from the government either by
possession would justify the presumption that the land had never
Islands
Page 4 of 127
therein, for the completion of imperfect titles, and for the Islands
PUBLIC LAND
APPLICATION OF CA 141
classified
public purpose
Decree shall be the basis for the issuance of the certificate of title
and
titles, the rival claims of contending parties, and the legality and
Page 5 of 127
110.
1945, or
IN REM
Court shall issue an order setting the date and time of the initial
IN REM
IN PERSONAM
Once judgment has become final, the court shall issue an order for
sort against the right sought to be binds his body, or to bar some
world has a right to be heard on the only contain certain persons who
CERTIFICATION?
The decree binds the land and quiets title thereto, subject only to
1. Publication
2. Mailing
3.
faith shall hold the same free from all encumbrances except those
of titled lands
Page 6 of 127
3. DELEGATED
JURISDICTION
OF
INFERIOR
COURTS
IN
following instances:
title, with power to hear and determine all questions arising upon
PROPERTY
which involve the title to, or possession to, real property, or any
property.
administrative supervision
JURISDICTION ELIMINATED
5. REGISTRATION
COURT
IS
NOT
DIVESTED
OF
ITS
title, with power to hear and determine all questions arising upon
It has been held that a land registration court which has validly
jurisdiction
1. Publication
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 7 of 127
2. Mailing
3. Notice
faith shall hold the same free from all encumbrances except those
of titled lands
public domain under a bona fide claim of ownership since June 12,
unregistered lands.
1945, or
113 of this Decree, until the land shall have been brought under the
2. Court shall issue an order setting the date and time of the initial
REGISTRATION
UNDER
THE
SPANISH
MORTGAGE
LAW
DISCONTINUED
5. Once judgment has become final, the court shall issue an order for
registration proceedings
CERTIFICATION?
The decree binds the land and quiets title thereto, subject only to
Page 8 of 127
both sales are valid, the vendee whose deed of sale was first
better right
TITLE TO THE SAME LANDS DULY REGISTERED UNDER ACT NO. 496
Every decree of registration shall bind the land, and quite the title
thereto
Monte, province of Bulacan, and in Antipolo and Montalban,
province of Rizal
OWNERSHIP
only through the genuineness of title but also with clear identity of
through prescription
APPEALS
hand, and holders of, or persons claiming rights under, the said
In the complaint, it was alleged that the defendants (Ocampo -
ON LAND GRANTS
Page 9 of 127
the lands covered by the Titulo are not within the estate of the
deceased.
Issue: W/N the Titulo de Propriedad is null and void and therefore
the lands covered or claimed under such title are not included in
The Titulo is null and void. It has been defeated by the title of the
1976 the syte of registration under the Spanish Mortgage Law was
decree.
which shall be three thousand pesos per annum less than that of
not under the Property Registration Decree but under Act 3344,
A party who registered the sale of land under the PRD had a
thousand four hundred pesos per annum less than that of the
Deputy Commissioner.
system at the time the conveyance was registered under the Act
registration of sale in ones favor doesnt give him any right over
the land if the vendor wasnt anymore the owner of the land
as provided under paragraph 3.1 of Budget Circular No. 273, plus
eligibilities.
REGISTRIES OF DEEDS
government employees.
Page 10 of 127
All officials and employees of the Commission except Registers of
functions:
Administrators
(b) Exercise supervision and control over all Registers of Deeds and
Administrator
registration proceedings
regulations therefor;
(f)
Verify
and
approve
subdivision,
consolidation,
and
functions:
lands
registration proceedings;
Page 11 of 128
6. Verify and approve subdivision, consolidation, and consolidation-
7. Discretionary functions
RD?
No, the remedy is that once the RD informs you through writing,
RANK
REGISTRATION PROCEEDINGS
of separation of powers
one Register of Deeds for each province and one for each city.
thousand pesos during the last three years shall have one Deputy
of the Administrator
last three years, shall have one Deputy Register of Deeds and one
It is ministerial in the sense that they act under the orders of the
the court and with the data found in the record, as to which they
neighboring municipalities.
court
In the above respect, then they act as officials of the court but
the office of the Register of Deeds until such time as the same
REGISTRY OF PROPERTY
decision becomes final, but may extend ever after its finality but
in the proper registry, in order to affect and bind the land and
not beyond the scope of one year from the entry of the decree
Page 12 of 128
seller and the buyer but it would not affect third parties
Registries.
REGISTRATION
hereinabove provided.
*will not apply if the property is not registered under the Torrens system
EFFECT OF REGISTRATION
Philippines and shall have been actually engaged in such practice
for at least three years or has been employed for a like period in
registration of property.
following rates:
documentary and science stamps and that the same are properly
Registries.
Page 13 of 128
this Decree.
jurisdiction
litigated afterwards
Both the Register and his deputies must be members of the Bar
COMMISSION
implies that the post subsists and that one is merely separated
therefrom
of
Deeds
It was ruled in this case that the respondent, not a member of the
competent jurisdiction
or instrument
the adverse party, where the dismissal of the cadastral case is not
yet final
dealing with real and personal property which complies with all the
Page 14 of 128
When there are several copies off the title but only one is
salary not to exceed the salary authorized for the position thus
filled by him.
regular Register of Deeds for the new province or city, the Register
APPROVE
ORIGINAL
SURVEY
PLANS
FOR
REGISTRATION
PROCEEDINGS
landed estates as the tenant tillers of rice and corn lands have
lis pendens.
vacancy, etc.
(1) Until a regular Register of Deeds shall have been appointed for
RESOURCES
CADIZ NOTES:
(IPRA)
Justice Puno: the Regalian doctrine is not applicable as in effect,
Page 15 of 128
CADIZ NOTES:
CADIZ NOTES:
recognized as valid
PD982
BALBIN CASE
Direct attack is that when there is a title, one would file for
CADIZ NOTES:
then files for ejectment and the squatter argues that he would not
collaterally.
APPLICATIONS
CADIZ NOTES:
Section 14. Who may apply. The following persons may file in the
representatives:
CADIZ NOTES:
public domain under a bona fide claim of ownership since June 12,
1945, or earlier.
CADIZ NOTES:
existing laws.
Page 16 of 128
Where the land is owned in common, all the co-owners shall file the
Where the land has been sold under pacto de retro, the vendor a
application jointly.
Where the land has been sold under pacto de retro, the vendor a
latter shall be substituted for the applicant and may continue the
proceedings.
latter shall be substituted for the applicant and may continue the
owners as applicants
A sale pacto de recto transfers the legal title to the vendee and
representatives, to wit:
1.
public domain under a bona fide claim of ownership since June 12,
1945 or earlier;
but merely the administrator thereof and holds the same in trust
for the faithful or members of the society or church for which the
corporation is organized
laws.
48 (B) OF CA NO.141
Page 17 of 128
APPLICATION
COMPUTATION OF PRESCRIPTION
SECTION 14 (2) AUTHORIZES ACQUISITION OF OWNERSHIP BY
PRESCRIPTION
predecessor-in-interest
Presumed that the present possessor who was also the possessor
PRESCRIPTION
LACHES
Effect of delay
Fact of delay
Matter of time
Statutory
Not statutory
Applies at law
Applies at equity
PRESCRIPTION, GENERALLY.
down by law
ACCESSION
and with just title for the time fixed by law; possession of 10
the course of waters ipso facto belongs to the owners whose lands
years
However, the owners of the lands adjoining the old bed, shall have
thereof within 30 years without need of title or of good faith
value shall not exceed the value of the area occupied by the new
whom he received the thing was the owner thereof, and he could
bed
may be identified
land
Page 18 of 128
imprescriptible
Adopted from the Law Of The Waters which provided that the
Three requisites
water
The state shall only grant these lands to the adjoining owners
mentioned therein
FOR BY LAW
RESERVATION
FOR
SPECIFIC
PUBLIC
PURPOSE
BY
PRESIDENTIAL PROCLAMATION
3.
ACCRETION
DOESNT
AUTOMATICALLY
BECOME
Section 15. Form and contents. The application for land registration
REGISTERED LAND
Page 19 of 128
land, nor any other person having any interest therein, legal or
equitable,
or
in
possession,
other
than
as
follows:
_____________________________________________________
marriage relation terminated. It shall also state the full names and
owners, if known, and, if not known, it shall state the extent of the
applicant/s)
_____________________________________________________
The
undersigned,
_____________________________________________________
shown
on
the
plan
as
claimants,
are
as
follows:
_____________________________________________________
7.
That
the
applicant/s
is/are
single
or
married
to
AND DECLARE . . . . .
dissolved,
state
when
and
how
the
marriage
relation
terminated.)___________________________________________
1. That the applicants/s is/are the owners of the land (by virtue of
postal
address/es
is/are
as
follows:
following:_____________________________________________
_________________________
residing
at
paragraph whether or not the applicant claims any and what land
within the limits of the way or road and whether the applicant
hereto
and
made
a
part
hereof,
with
the
following
_____________________________________________________
exception:_____________________________________________
______________________
10. That the following documents are attached hereto and made a
part hereof: ___________________________________________
2. That said land at the last assessment for taxation was assessed
______________________.
__________________________
Page 20 of 128
Applicant
_________________________
dissolved
them
On
this
_______________
day
of
o
improvements thereon
before
me
the
above-
named
__________________________________________________
application and made oath that the statements therein are true of
in possession, thereof
____________, 19 __________.
________________________
or road determined
residing in the Philippines, giving his full name and postal address,
and shall therein agree that the service of any legal process in the
authorized to administer oaths for the province and city where the
ATTORNEY-IN-FACT
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 21 of 128
application
technical descriptions
Section 17. What and where to file. The application for land
that the applicant has furnished the Director of Lands with a copy
Bureau of Lands.
shown that the applicant has furnished the Director of Lands with a
The RTC shall have exclusive jurisdiction over all applications for
Section 19. Amendments. Amendments to the application including
allowed by the court at any stage of the proceedings upon just and
reasonable terms.
opposition
application.
exceed P100,000
PARCELS
The court may at any time order the splitting or striking out of one
to prove ownership
a original application
Page 22 of 127
REMEMBER that as long as the final decree has not been entered
and the one-year period has not elapsed from such entry, the title
court
application describes the land as bounded by a public or private
way or road, it shall state whether or not the applicant claims any
and what portion of the land within the limits of the way or road,
and whether the applicant desires to have the line of the way or
road determined.
shall, within five days from filing of the application, issue an order
setting the date and hour of the initial hearing which shall not be
earlier than forty-five days nor later than ninety days from the date
the filing of the application and before the issuance of the decree of
1. By publication.
Upon receipt of the order of the court setting the time for initial
"to all whom it may concern". Said notice shall also require all
show cause why the prayer of said application shall not be granted.
2. By mailing.
Page 23 of 127
known.
interest and the adjoining owners so far as known, and to all whom
it may concern):
case by (full name and address) praying for the registration and
lands:
(Insert description)
You are hereby served this notice to appear before this Court at its
the _________ then and there to present such claims as you may
support of such claim; and unless you appear at said Court at the
law and the evidence before the Court, and thereafter you will
appropriate.
3. By posting.
of
First
Instance
of
_______
this
_______
day
of
Attest:
sheriff of the province or city, as the case may be, or by his deputy,
of initial hearing.
The court must WITHIN 5 DAYS from the filing of application, shall
issue an order setting the date and hour of the initial hearing
The court may also cause notice to be served to such other persons
which shall not be earlier than 45 days nor later than 90 days
MANDATORY
follows:
The court has the power and duty to set the hearing date
Page 24 of 128
PURPOSE OF PUBLICATION
that they may assert their rights or interests in the land, if any,
Upon receipt of the order of the court setting the case for initial
hearing, the LRA shall cause the notice to be published once in the
court
date and time allocated and to show cause why the application
known
Mandatory requirement
determined
The state, as sovereign over the land situated within it, may
be appropriate
POSTING
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 25 of 127
absolute
2. He should state the grounds for his objection as well as the nature
Mandatory requirement
the effect that the notice of initial hearing, as required by law, has
been complied with shall be filed in the case before the date of
opponent
The person who has not challenged cannot allege damage or error
IMPLICIT
IS
THAT
THE
CERTIFICATION
BY
THE
LRA
ARE CONCLUSIVE.
1. A homesteader who hasn't been issued his title but has fulfilled all
application and shall set forth the interest claimed by the party
filing the same and apply for the remedy desired, and shall be
person.
GOVERNMENT
If the opposition or the adverse claim of any person covers only a
portion of the lot and said portion is not properly delimited on the
and all other natural resources are owned by the State, hence, it
the land is public land by well nigh inconvertible proof and that he
Any person, whether named in the notice or not, may appear and
OUTRIGHT REGISTRATION
Page 26 of 127
The applicant has the burden of proving the imperfect right or title
sought to be confirmed
BEEN FILED
Remedy available to a person to whom an order of default has
The provision which allows the court at once upon the motion of
court may deem proper at any time prior to the rendition of the
final judgment
OPPOSITION
unnecessary delay
or agents
EFFECT OF ORDER OF DEFAULT
application
within ninety days from the date the case is submitted for decision,
The Court, if it deems necessary, may refer the case or any part
answers within the time allowed, the court shall, upon motion of
thereof to a referee who shall hear the parties and their evidence,
the description in the notice "To all Whom It May Concern", all the
default order.
shall have been served the parties concerned. The court may
have been found by the judge himself: Provided, however, that the
default order shall be entered against persons who did not appear
court may in its discretion accept the report, or set it aside in whole
and answer.
proceedings:
TRIAL BY REFEREE
Page 27 of 127
concerned
and the Director of Lands, finds that the applicant or the oppositor
Burden upon the applicant to show that he is the real and absolute
SYSTEM
licensed surveyor
applied for, its present classification, and whether or not the same
circulation
PROCEEDINGS
10. Issuance of the order for the issuance of a decree declaring the
civil cases.
Register of Deeds
FINALITY OF JUDGMENT
an order for the issuance of the decree and the LRA, pursuant to
Page 28 of 127
The decree of registration shall bind the land and quiet title
DECREE
the same being included in the general description "To all whom it
WRIT OF POSSESSION
land
the court
REMEDIES
May be issued not only against the person who has been defeated
final decree
issued by the Commissioner shall bear the date, hour and minute of
its entry, and shall be signed by him. It shall state whether the
review of the decree of registration not later than one year from
and after the date of the entry of such decree of registration, but in
set forth the estate of the owner, and also, in such manner as to
Page 29 of 127
2. Motion for new trial: proved in the same manner provided for
the fraud.
proof of motions
Section 33. Appeal from judgment, etc. The judgment and orders of
the court hearing the land registration case are appealable to the
be introduced as evidence
ordinary actions:
reglementary period
AFFIDAVITS OF MERIT
IN A REGISTRATION CASE
These are not necessary if the granting of the motion for new trial
7. Cancellation of title
9. Quieting of Title
NULLITY
defeated party
was A/S which ordinary prudence could not have guarded against, and by
reason of which, the party applying has been probably impaired in his
rights.
RECONSIDERATION
Page 30 of 127
6. Order of execution
is pending
1. Ordinary appeal
Rule 38
from
trial or reconsideration
PERFECTION OF APPEAL
1. It must be verified
order
3. And not more than 6 months after such judgment or final order
APPEAL
decree
3. Interlocutory order
4. Order disallowing or dismissing an appeal
vitiating consent
Page 31 of 127
whom the title was received was himself the owner of the land,
8. Deliberate falsehood
of the burdens on the property which are noted on the face of the
by the LRA
GOOD FAITH AND FOR VALUE HAS THE BURDEN OF PROVING SUCH
COMPUTED?
Decree finally awards the land applied for registration to the party
the vendor and one who buys without checking the vendors title
equally and finally grants, awards, and conveys the lands applied
1. When the alleged fraud goes into the merits of the case, is
the party concerned has actual knowledge of the facts and circumstances
One who buys property of another, without notice that some other
person has a right to, or interest in, such property and pays a full
and fair price for the same, at the time of such purchase, or
certificate
in the property
good faith that they can take and hold the same free from any
and all prior claims, liens and encumberances except those set
Page 32 of 127
land, the earlier in date prevails, is valid only absent any anomaly
RECONVEYANCE
defeat the first buyers right except only as provided for in the CC
and thats where the second buyer first registers in good faith the
RULES OF PREFERENCE
LIMITATIONS
After one year from the issuance of the decree, may bring action
Only to show that the person who secured the registration of the
1. Final judgment
ISSUANCE OF DECREE
RELEVANT ALLEGATIONS
no longer be availed of
QUIETING OF TITLE
NOTICES
owner of a particular estate, on its face has that effect but can be
in question
and adjudicated, he may to this end direct and order the Director of
Lands to cause to be made a cadastral survey of the lands involved
form.
of the day on which such survey will begin, giving as fully and
1.
2.
3.
1.
lands are situated, and shall mark the boundaries of the lands by
2.
3.
placing of monuments.
4.
Page 34 of 127
(e) Any person who shall willfully obstruct the making of any
Section 36. Petition for registration. When the lands have been
and adjudicated
the land and to remove all clouds over the land titles as far as
practicable, in a community
may serve to furnish full notice to the occupants of the lands and to
Nature of a proceeding in rem
known as "lots" and shall on the plan filed in the case be given
3. Notice of survey
4. Publication
beginning with number "one", and only one series of numbers shall
Registration Law
5. Filing of answer
lot numbers.
6. Hearing of petition
7. Judgment
lot numbers.
Page 35 of 127
the answer shall fully set forth the interest claimed by him and the
(g) if the lots have been assessed for taxation, their last assessed
value; and
2. Accompanied by a plan
(h) The encumbrances, if any, affecting the lots and the names of
having claim
4. The parcels shall be called lots and shall be given cadastral lot
FILING OF ANSWER
ANSWER
before the date of initial hearing or within such further time as may
if married, the name of the spouse and the date of marriage, his
possession
7. Any encumberances
the plan filed in the case by the Director of Lands, or the block and
(c) The name of the barrio and municipality in which the lots are
situated;
lands are situated and shall be conducted, and orders for default
(d) The names and addresses of the owners of the adjoining lots so
parts thereof and such decrees shall be the basis for issuance of
time he has held such possession and the manner in which it has
been acquired, and shall also state the length of time, as far as
Page 36 of 127
PROCEEDING
SUBJECT MATTER
Private land
Unregistered land
PRAYER
APPLICATION
name
2. Declaration that the decree is final and its order for the issuance
TO
governmentthose
EVIDENCE
WHAT
IS Filing opposition
Filing of an answer
IMPORTANT
CADASTRAL SURVEY
WHO
CONDUCTS Applicant
Government
THE SURVEY
TITLED LANDS
final, the court shall, within fifteen days from entry of judgment,
OF ADVERSE CLAIMANTS
the land, for all intents and purposes, had become from that time
possession
CADASTRAL SURVEY
book.
ORIGINAL
CADASTRAL
REGISTRATION
PROCEEDING
PARTY
WHO Party
INITIATES
THE ownership
Register of Deeds with the seal of his office. Said certificate of title
shall take effect upon the date of entry thereof. The Register of
Page 37 of 127
Second. Unpaid real estate taxes levied and assessed within two
determined.
issued.
Every certificate of title shall set forth the full names of all persons
titled properties.
next previous certificate covering the same land and also the fact
number of the original certificate of title, and the volume and page
the land and the buildings thereon, or on the interest of the owner
taking a certificate of title for value and in good faith, shall hold the
subsisting, namely:
First. Liens, claims or rights arising or existing under the laws and
Page 38 of 127
more, requiring new technical descriptions, shall file with the Land
shown the lots to be affected, as they were before, and as they will
containing one or more parcels, may file a written request for that
purpose with the Register of Deeds concerned, and the latter, upon
any real property registered under the Torrens system, nor order
certificates for the different parcels thereof, may also file a written
request with the Register of Deeds concerned, and the latter, upon
new one which would result in the enlargement of the area covered
certificates as desired.
TITLE
The court shall issue within 15 days from the entry thereof, an
P.D. No. 957, shall file with the Commissioner of Land Registration
or with the Bureau of Lands a subdivision plan of such land on
CERTIFICATE OF TITLE
WHOLE WORLD
Page 39 of 127
decree
DUPLICATE
Registered owner has preferential right to the possession of the
the certificate but who may have right or claim to the possession
of the land
1. Laches
pertain
land
Validity and correctness of the title is presumed
4. When the title over the land which you acquire is already privately
owned
ENTRY OF OCT
The OCT is issued for the first time after initial registration
proceedings
certificate of title, he shall enter the same in the record book and
his office
representative
Reform Law)
and tenant
buidings
owners
DISCONTINUED
Page 40 of 127
of approval and for the term of 5 years from and after the date of
relative to preferences
land
ENCUMBERANCES
by Congress
fee
LIEN
2. Civil status
4. Citizenship
PROPERTY
PRESCRIPTION
Automatically registered
hectares
PUBLIC PATENT
Page 41 of 127
ENFORCEABILITY
subdivisions
equivalent to registration.
RD shall not enter a new title in favor of the grantee until after a
parties
plan indicating the portions into which the land has been
decription
AFFECT REGISTERED LAND
persons
GENERAL PROVISIONS
obligations of parties
IMPORTANCE OF REGISTRATION
land, but shall operate only as a contract between the parties and
registration.
RD
the land insofar as third persons are concerned, and in all cases
to all persons
the Register of Deeds for the province or city where the land lies.
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 42 of 127
claim a better right over the land which had been previously
shall be registered
litigation and that he should keep his hands off the same, unless
farther than what the Torrens title upon its face indicates in quest
reasonable man upon his guard, and then claim that he acted in
good faith under the belief that there was no defect in the title of
the vendor
filing or entering.
His mere refusal to believe that such defect exists or his willful
the vendors title, will not make him an innocent purchaser for
a like situation
land
INVOLUNTARY REGISTRATION
VOLUNTARY REGISTRATION
the title
land
becomes
the
and
in
presented to the RD
Page 43 of 127
account of their relationship with the 1st vendee, since the validity
of a prior sale.
UNWARRANTED
provided for in this Decree or upon order of the court, for cause
When the land which is the subject of sale thus registered in the
shown.
of the RD
owner and upon all persons claiming under him, in favor of every
pursue all his legal and equitable remedies against the parties to
purchaser
instrument of transfer
The right or lien of an innocent mortgagee for value upon the land
To affect the land sold, presentation of the deed of sale and its
entry in the day book must be done with the surrender of the
Page 44 of 127
appear that the owner has executed any document authorizing the
title without taking sufficient care to see to it that the person who
offered as security
Where two or more TCT are issued to different persons for the
of law
same lots, or subdivisions thereof, due to the fact that the original
title was not cancelled when the first TCT was issued to replace
Section 54. Dealings less than ownership, how registered. No new
which does not divest the ownership or title from the owner or
include the same land, the earlier in date prevails, whether the
hold under the prior certificate who is the holder of, or whose
claim is derived directly or indirectly from the person who was the
holder of the earliest certificate issued in respect thereof.
MEMORANDUM OF ENCUMBERANCES
All interests in the registered land less than ownership which shall
property
The purchaser from the owner of the later certificate and his
of title
molest the holder of the first certificate and his successors, who
is not the real owner of, or doesnt have a valid title to, the
entitled to protection
Page 45 of 127
certificates.
prescribed fees.
instrument, and every deed shall also state whether the grantee is
it is noted
All records and papers relative to registered land shall be open for
presenting them
the certificate of title to which it refers, shall bear the same date:
the sale
Page 46 of 127
notarized deed of sale and the same is entered on the day book
all the portions or lots into which it has been subdivided and the
duplicate certificate of title to the property sold and pays the full
vendee?
shall issue a new certificate of title to the grantee for the portion
Deeds shall note upon the original and duplicate certificate the date
conveyance shall be filled and indorsed with the number and the
and issuing a new one to the same for the remaining unconveyed
form, and present the same, together with the owners duplicate
the transfer certificate to the grantee for the lot or lots thus
lot or lots.
The RD shall note the date of conveyance, volume and page of the
Page 47 of 127
registered, and shall take effect upon the title only from time of
registration.
portions into which the land has been subdivided, the same shall
ESSENCE OF MORTGAGE
The RD shall issue a new TCT to the grantee for the portion
said portion
cancelled and a new one issued to him for the remaining portion
of the land
instrumentalities
thereof, the date and time of filing and the file number assigned to
the deed, and shall sign the said memorandum. He shall also note
on the deed the date and time of filing and a reference to the
registration book, they shall be carried over and stated in the new
Whenever
registered
land
is
conveyed,
all
subsisting
and noted on the certificate of title shall be carried over and noted
warning that one who acquires an interest over said property does
Page 48 of 127
ON A LATER DATE
mortgagor shall not be canceled, but the certificate of sale and the
If the original owner had parted with his ownership of the thing
sold then he no longer had the ownership and free disposal of that
SUFFICIENT
If the property is not redeemed, the final deed of sale executed by
the sale after the payment of the credit of the first mortgagee
sale executed by the officer who conducted the sale shall be filed
file with the Register of Deeds, either a final deed of sale executed
in law, which shall be filed with the Register of Deeds who shall
INDEBTEDNESS
FORECLOSURE
Page 49 of 127
or city where the land lies. Any instrument revoking such power of
OF AN IMPLIED TRUST
shall be void
PRESCRIPTIVE PERIOD
Section 66. Trust with power of sale, etc., how expressed. If the
registered.
construed the instrument in favor of the power, in which case a
TRUST, DEFINED
of the title to the property to deal with it for the benefit of another
A person who establishes a trust is called the trustor while the one
Page 50 of 127
the trust, condition, limitation or other equitable interest shall not
MARASIGAN V. IAC
registered
in the litigation and serves as a notice to the whole world that one
Where the registration of the deed of sale over the property was
ADRIANO V. PANGILINAN
certificate.
While it is true that a person dealing with registered land need not
trust shall file for registration with the Register of Deeds a sworn
PNB V. CA
the certificate
The right or lien of an innocent mortgagee for value upon the land
OR
JUDICIAL
AGREEMENT
AND
THE
SURRENDER
FOR
sworn statement
Page 51 of 127
SOLIVEL V. FRANSISCO
a foreclosure of property
The innocent purchaser for value protected by the law is one who
PENNULAR V. PNB
LLANTO V. ALZONA
trust for the benefit of the person from whom the property comes
business with
the parties
GARCIA V. CA
95 SCRA 380
RESULTING TRUSTS
CONSTRUCTIVE TRUSTS
TCT over the same lot to another person due to failure of the RD
sufficient notice
parties
fees
one
person
thereby
Persons dealing with a registered land has a right to rely upon the
face of the torrens certificate of title and to dispense with the need
LEVISTE V. NOBLEJAS
89 SCRA 520
registered
Page 52 of 127
not valid
shall make the corresponding entry that will cancel the old
CADIZ NOTES:
of lis pendens.
12. For implied trusts, read the case of Aznar Brothers. It has two
parties.
repudiation.
the owner would have a better right over the property. The
dealings, once there is entry in the day book and paid the needed
15. Even if the title is null and void, there is still validity of the
fees and taxes, the RD issues the new title and cancels the old
the mortgagee.
insufficient.
INVOLUNTARY DEALINGS
property and there was prior mortgages and notice of lis pendens.
9. Can you sell only a portion of your property? You can have it
land, shall be filed and registered in the Registry of Deeds for the
Page 53 of 127
charge.
NATURE OF ATTACHMENT
Real and personal property shall be attached by the sheriff executing the
standing uponthe record of the registry of deed of the province in the name
issued and held by any other person, or standing on the records of the
registry of deeds in the name of any other person, by filing with the
has complied with all that is required of him for purposes of entry
property and any interest therein held by or standing in the name of such
description, and notice with the occupant of the property, if any, or with
such other person or his agent if found within the province. Where the
property has been brought under the operation of either the Land
contain a reference to the number of the certificate of title, the volume and
page in the registration book where the certificate is registered, and the
The registrar of deed must index attachments filed under this section in the
names of the applicant, the adverse party, or the person by whom the
judgment, a plaintiff or proper party may have the property of the adverse
property is held or in whose name it stands in the records. If the
party attached as security for the satisfaction of any judgment that may be
attachment is not claimed on the entire area of the land covered by the
such attachment;
person
Page 54 of 127
free of charge
copy of the writ, and a notice stating that the stock or interest of the party
KNOWLEDGE
OF
PRIOR
UNREGISTERED
INTEREST
IS
writ;
EQUIVALENT TO REGISTRATION
(d) Debts and credits, including bank deposits, financial interest, royalties,
by leaving with the person owing such debts, or having in his possession or
the same property from the registered owner but who failed to
agent, a copy of the writ, and notice that the debts owing by him to the
party against whom attachment is issued, and the credits and other
equivalent to registration
representative of the decedent with a copy of the writ and notice that said
DISCHARGE OF ATTACHMENT
shall also be filed in the office of the clerk of the court in which said estate
An attachment may be discharged upon giving a counterclaim or
is being settled and served upon the heir, legatee or devisee concerned.
and notice of the attachment served upon the custodian of such property.
REGISTRATION
OF
ATTACHMENT,
WRITS,
AND
RELATED
creditors, since the transaction is legal and valid, and since the
PROCESSES
of the creditor
the RD for the province or city where the land lies, and in addition
or interest is claimed.
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 55 of 127
The statement shall be signed and sworn to, and shall state the
the party who claims any part or interest in the registered land,
invalid.
Before the lapse of thirty days aforesaid, any party in interest may
situated for the cancellation of the adverse claim, and the court
A lease over a parcel of land for a 10-year period, which could not
such adverse claim, and shall render judgment as may be just and
court, after notice and hearing, shall find that the adverse claim
If the adverse claim turns out to be invalid, the owner could ask
The claim of a person that she has hereditary rights in the land
the claimant may withdraw his adverse claim by filing with the
purpose of alerting anyone who might wish to buy the land that
and a notice of lis pendens have the same purpose, there would
the controversy
be no need of maintaining the adverse claim. But a notice of levy
certificate of title
the claimed right together with other data pertinent thereto. The
owner thereof
Page 56 of 127
claim could not effect the rights of the mortgagee; and the fact
auction sale have been effected long after the annotation of the
and cannot validly and legally affect the parcel of land in question.
acquired
registered owner, stating that such paper has been registered, and
claimed
3. The claimant should state his residence or the place to which all
the court, and it shall, after notice, enter an order to the owner, to
produce his certificate at a time and place named therein, and may
ADVERSE CLAIM
HEARING NECESSARY.
Sajonas v. CA
he shall report such fact to the proper RTC which shall, after
court hearing for the purpose. The reason for this is to afford the
Page 57 of 127
or city where the land lies and registered in the registration book,
DELIQUENCY SALES
for any costs and charges incident to such liens, any execution or
lien or encumbrance
THEREOF
thereof
other instruments
TAXPAYER
PURPOSE OF REGISTRATION
the property
Page 58 of 127
such proceedings.
A purchaser who buys registered land with full notice of the fact
In case registered land which has been sold on execution for the
the shoes of his vendor and his title is subject to the incidents and
or anyone claiming under him may petition the court for the
But before the entry of such new certificate, the registered owner
the proceedings
other party
THEREOF UNAFFECTED
May involve actions that deal not only with title or possession of a
property
Page 59 of 127
which he may be held civilly and even criminally liable for any
interest
notice of lis pendens may be canceled upon order of the court, after
proper showing that the notice is for the purpose of molesting the
thereon
1. Preliminary attachments
3. Levies on execution
judgment
owner
notice
PENDENS
While the trial court has inherent power to cancel a notice of lis
law
property is in litigation and that he should keep his hands off the
PARTITIONS
Page 60 of 127
court where the action is pending to the Register of Deeds for the
preceding owner
execution has been issued in favor of the plaintiff, the latter shall
order to the owner to produce his certificate at the time and place
land shall, upon petition of said plaintiff, order and parties before it
give effect to the judgment, and shall require the registered owner
entitled to have his certificate entered showing the share set off to
the sale.
REGISTRATION OF JUDGMENT
court, the party to whom the land is thus assigned shall be entitled
Page 61 of 127
If the court after trial finds that the plaintiff has a right thereto, it
shall order the partition of the real estate among all the parties in
interest.
Thereupon, the parties may, if they are able to agree, make the
to such judgment or order and the court, after notice and hearing,
and the court shall confirm the partition so agreed by all of the
parties, and such partition, together with the orde3r of the court
certificates of title.
PARTITION, GENERALLY.
of the real assigned to each party, and the effect of the judgment
shall be to vest in each party and the severalty the portion of the
EXTRAJUDICIAL PARTITION
The titles of acquisition or ownership of each property shall be
adjudicated
When the title comprises of two or more pieces of land which has
piece of land which has been divided between two or more co-
heirs, the title shall be delivered to the one having the largest
instrument
co-heir should be the same, the oldest shall have the title.
ORAL PARTITION
In an action for partition, there should be simultaneous
JUDICIAL PARTITION
Page 62 of 127
Failure to serve a copy for the motion for execution is not a fatal
STAGES IN PARTITION
Second stage is when the parties are unable to agree upon the
effected for the parties by the court with the assistance of not
more than 3 commissioners. The second stage may also deal with
prevent frauds and to permit and require the public to act with the
the rendition of the accounting itself and its approval by the Court
thereon, and the award for the recovery by the parties entitled of
their just shares in the rents and profits of the real estate in
PROOF OF PARTITION
may be issued.
the probate court, which has been lost and not recorded.
And where a tract of land has long been known and called by the
inferred that there has been a partition and that such lot was set-
on the debtor to file a copy thereof with the office of the Register of
Deeds for the province or city where the land of the debtor lies. The
the court
Page 63 of 127
duplicate certificate of title; but the new certificate shall state that
and where the fee simple title is taken, a new certificate shall be
Where the action filed by the private respondent is not one which
such right for the land so taken. The legal expenses incident to the
that a purchaser in good faith and for value takes registered land
be for the account of the authority taking the land or interest
free from liens and encumbrances other than statutory liens and
therein.
of the RD for the province and city where the land is situated
taking
Among the powers of the assignee is to sue and recover all the
and to take into his possession all the estate of such debtor except
DOMAIN; REGISTRATION
Private lands taken by the government for public use under its
public domain
Page 64 of 127
lands
Consequently, lands registered under Act 498 and PD1529 are not
RECORDING OF JUDGMENT
The parties to an extrajudicial settlement, whether by public
office of the RD, a bond with the said RD, in an amount equivalent
the title to the real estate as described for such public use or
purpose
registered land may deal with the same, he shall file with the office
of administration with the will annexed, as the case may be, and
other person exist, the Register of Deeds shall cancel the two-year
lien noted on the title without the necessity of a court order. The
thereof is filed with the Register of Deeds. The proof may consist of
that there are other competent persons having been right to the
If the decedent left no will and no debts and the heirs are all of
Page 65 of 127
upon the register in like manner as in case of a sale, and upon the
of the deceased until the questions causing the delay are decided
owner of registered land may deal with the same, he shall file with
filed with the Register of Deeds, and upon the presentation of the
administration with the will annexed, as the case may be, such
When it appears that the sale of the whole or a part of the land or
the executor to his own use, or upon some trust, the executor may
manner and subject to like terms and conditions and to like rights
or otherwise deal with the land, a certified copy of the will and
ASSURANCE FUND
Page 66 of 127
Deeds one-fourth of one per cent of the assessed value of the real
not yet been assessed for taxation, its value for purposes of this
sine que non that the person who brings an action for damages
Nothing in this section shall in any way preclude the court from
itself, the Director of Lands and the National Treasurer are exempt
RECORDED
MORTGAGE
PROTECTED
EVEN
IF
TITLE
IS
SUBSEQUENTLY NULLIFIED
the bringing of the land under the operation of the Torrens system
Assurance Fund.
Page 67 of 127
certificates that the amount due cannot be collected from the land
court, upon proper showing, order the amount of the execution and
aid of the fiscal of the province or city where the land lies:
than the fair market value of the land at the time he suffered the
filed against the Assurance Fund, the court shall consider the
shall first issue against the persons who have been joined as co-
Assurance fund
fair market value of the land at the time he suffered the loss,
the RD of the province or city where the land lies and the National
Treasurer as defendants
Section 98. General Fund when liable. If at any time the Assurance
Treasurer shall make up for the deficiency from any funds available
defendants
The plaintiff must clearly allege the basis of the action and specify
government
The court shall consider the report of the LRA administrator on the
The National Treasurer shall enforce said rights and the amount
matter
that the Assurance Fund may be liable for damages that may be
execution shall first issue against such defendants other than the
Page 68 of 127
The plaintiff has a period of 6 years from the time the right of
Assurance Fund
CADIZ NOTES:
equitable.
2.
3. You can file a motion in the main case for the production of a new
Such action may pre-empt any action against the Assurance fund
Section 101. Losses not recoverable. The Assurance Fund shall not
part thereof.
by a breach of trust, whether express, implied or constructive or by
land.
MANDATORY.
REGISTRATION OF PATENTS
a period of six years from the time the right to bring such action
That if at the time such right of action first accrued the person
from, by or under him may bring the proper action at any time
PRESCRIPTIVE PERIOD
the grantee shall not take effect as a conveyance or bind the land
Page 69 of 127
operative act to affect and convey the land, and in all cases under
sovereignty
of Deeds of the province or city where the land lies. The fees for
mere possession
duplicate certificate
land shall be deemed registered land for all intents and purposes
upon public lands for the establishment of town sites and sale of
Public land patents when duly registered are veritable Torrens title
the islands
The second Public Land Act was more comprehensive in scope but
PD 1529
CA 141
proceedings
The
court
may
dismiss
new
application
for
the
Only risk that an applicant runs is to The applicant runs the risk of losing
REGALIAN
DOCTRINEALL
LANDS
AND
OTHER
NATURAL
Page 70 of 127
HOMESTEAD PATENT
Any citizen of the Philippines over the age of 18 years, or the head
OFFICERSEO 192
THE STATE
SECTION 6 OF CA 141
OF DISPOSITION
Constitution
CHAPTER IV.
HOMESTEADS
States, over the age of eighteen years, or the head of a family, who
MODES OF DISPOSITION
public domain.
2. By sale
Section 13. Upon the filing of an application for a homestead, the Director
3. By lease
and authorize the applicant to take possession of the land upon the
a. By judicial legalization
payment of five pesos, Philippine currency, as entry fee. Within six months
shall begin to work the homestead otherwise he shall lose his prior right to
Page 71 of 127
place at which, and the name of the officer before whom, such proof will be
Section 14. No certificate shall be given or patent issued for the land
made.
applied for until at least one-fourth of the land has been improved
and cultivated. The period within which the land shall be cultivated
Section 18. In case the homesteader shall suffer from mental alienation, or
shall not be less than one nor more than five years, from and after
shall for any other reason be incapacitated for exercising his rights
the date of the approval of the application. The applicant shall, within
personally, the person legally representing him may offer and submit the
years next following the expiration of said period, the applicant shall prove
Section 19. Not more than one homestead shall be allowed to any
land applied for and the area thereof is less than twenty-four
complied with all the requirements of this Act, then, upon the
with the understanding that he shall with regard to the new tracts or
this Act for an original homestead entry. (As amended by Sec. 1 of Act No,
Section 15. At the option of the applicant, payment of the fees required
3219 and Sec. 3 of Act No. 3517).
may be made to the municipal treasurer of the locality, who, in turn, shall
Section 20. The cancellation of a homestead entry not due to any fault of
the applicant shall not be a bar to his applying for another homestead.
applicant, the Director of Lands may, sixty days after such delinquency has
Section 21. If at any time after the approval of the application and before
exceed one hundred and twenty days for the payment of the sum due.
the patent is issued, the applicant shall prove to the satisfaction of the
Director of lands that he has complied with all the requirements of the law,
Section 16. If at any time before the expiration of the period allowed by
but can not continue with his homestead, through no fault of his own, and
law for the making of final proof, it shall be proved to the satisfaction of
there is a bona fide purchaser for the rights and improvements of the
the Director of Lands, after due notice to the homesteader, that the land
applicant on the land, and that the conveyance is not made for purposes of
entered is not under the law subject to homestead entry, or that the
speculation, then the applicant, with the previous approval of the Secretary
of Agriculture and Natural Resources, may transfer his rights to the land
the land for more than six months at any time during the years of
homestead, and immediately after such transfer, the purchaser shall file a
with the requirements of this Act, the Director of Lands may cancel the
entry.
original homesteader in his rights and obligations beginning with the date
of the approval of said application of the purchaser. Any person who has so
Section 17. Before the final proof shall be submitted by any person
transferred his rights may once again apply for a new homestead. Every
claiming to have complied with the provisions of this chapter, due notice,
and Natural Resources shall be null and void and shall result in the
be given to the public of his intention to make such proof, stating therein
the name and address of the homesteader, the description of the land, with
Section 22. Any non-Christian native who has not applied for a homestead,
expected that the necessary facts will be established, and the time and
desiring to live upon or occupy land on any of the reservations set aside for
BY: MA. ANGELA LEONOR C. AGUINALDO
Page 72 of 127
any tract of land of the public domain reserved for said non-Christian tribes
under this Act, the area of which shall not exceed four hectares. It shall be
an essential condition that the applicant for the permit cultivate and
agricultural land disposable under this Act, not to exceed one hundred
improve the land, and if such cultivation has not been begun within six
months from and after the date on which the permit was received, the
permit shall be canceled. The permit shall be for a term of one year. If at
the expiration of this term or at any time therefor, the holder of the permit
shall apply for a homestead under the provisions of this chapter, including
the portion for which a permit was granted to him, he shall have the
associations and corporations: PROVIDED, further, That citizens of
countries the laws of which grant to citizens of the Philippine Islands the
same right to acquire public land as to their own citizens, may, while such
laws are in force, but not thereafter, with the express authorization of the
hundred and forty-four hectares available under this Act, upon complying
with the requirements of this chapter. (As amended by sec, 3 of Act No.
SALES PATENT
3219).
Any citizen of lawful age or the head of the family may purchase
any tract of public agricultural land not to exceed 12 hectares
not used for industrial or residence purposes, that is at the time or was
The land shall be awarded to the highest bidder, but the applicant
The purchase price may be paid in full upon the making of the
partnerships which, at the date upon which this Act shall take effect, hold
agricultural public lands or land of any other denomination not used for
It is required that the purchaser shall have not less than 1/5 of
the land cultivated within 5 years from the date of the award, and
lands, or a real right upon such lands and improvements, having acquired
the same under the laws and regulations in force at the date of such
the last preceding section; but they shall not encumber, convey, or
CHAPTER V.
SALE
courts.
the United States, and any such citizen not of lawful age who is
Section 25. Lands sold under the provisions of this chapter must be
appraised in accordance with section one hundred and fourteen of this Act.
The Director of Lands shall announce the sale thereof by publishing the
proper notice once a week for six consecutive weeks in the Official Gazette
and in two newspapers, one published in Manila and the other published in
Page 73 of 127
the bid, may be paid in full upon the making of the award, or in not more
neighboring province, and the same notice shall be posted on the bulletin
than ten annual installments from the date of the award: PROVIDED, That
board of the Bureau of Lands in Manila, and in the most conspicuous place
it shall be an inherent and essential condition of the sale that the purchaser
in the provincial building and the municipal building of the province and the
shall have not less than one third of the land broken and cultivated within
municipality where the land is located, and if practicable, on the land itself;
five years after the date of the award. (As amended by section 7 of Act No.
but if the value of the land does not exceed two hundred and forty pesos,
3219).
the publication in the Official Gazette and newspapers may be omitted. The
notices shall be published one in English and the other in Spanish or in the
Section 29. After at least the second installment has been paid and
local dialect, and shall fix a date not earlier than sixty days after the date
after the cultivation of the land has been begun, the purchaser,
of the notice upon which the land will be awarded to the highest bidder, or
Section 26. All bids must be sealed and addressed to the Director of Lands,
order payable to the order of the Director Of Lands, for ten per centum of
the amount of the bid, which amount shall be retained in case the bid is
Resources shall be null and void and shall produce the effect of
annulling the acquisition and reverting the property and all rights
shall be considered the amount of which is less than the appraised value of
sale has been approved, the vendor shall not lose his right to
Section 27. Upon the opening of the bids the land shall be awarded to the
highest bidder. If there are two or more bids which are higher than other
provided he has the necessary qualifications.
bids and are equal, and one of such higher and equal bids is the bid of the
applicant, his bid shall be accepted. If, however, the bid of the applicant is
Section 30. Before any patent is issued, the purchaser must show
not one of such equal and higher bids, the Director of Lands shall at once
submit the land for public bidding, and to the-person making the highest
fourth of the land applied for until the date on which final payment
bid on such public auction the land shall be awarded. In any case the
applicant, if any shall always have the option of raising his bid to equal that
of the highest bidder, and in this case the land shall be awarded to him. No
Section 31. If at any time after the date of the award and before the
bid received at such public auction shall be finally accepted until the bidder
shall have deposited ten per centum of his bid, as required in section
after due notice to the purchaser, that the purchaser has voluntarily
twenty-six of this Act. In case none of the tracts of land that are offered for
abandoned the land for more than one year at any one time, or has
sale or the purchase of which has been applied for, has an area in excess
otherwise failed to comply with the requirements of the law, then the land
auction, and proceeding in accordance with the provisions of this Act, but
permitted, after the approval of this Act, to acquire the title to or posses as
the Director of Lands for the final decision of the latter in the case. (As
owner any lands of the public domain if such lands, added to other land
give a total area greater than the area the acquisition of which by purchase
Section 28. The purchase price shall be paid as follows: The balance of the
is authorized under this Act. Any excess in area over this maximum and all
purchase price after deducting the amount paid at the time of submitting
Page 74 of 127
association, or partnership resulting directly or indirectly in such excess
PURPOSE
lands of the public domain from making loans upon real estate security and
from purchasing real estate whenever necessary for the recovery of such
loans; but in this case, as soon as the excess above referred to occurs,
or other means
Foreshore
lands within five years, for the purpose of removing the excess mentioned.
same is not disposed of, for the first year a surtax of fifty per centum
additional to the ordinary tax to which property shall be subject, and for
each succeeding year fifty per centum shall be added to the last preceding
The last two may be sold with the condition that the purchaser
annual tax rate, until the property shall have been disposed of.
for the purpose for which the land is purchased within 18 months
excess of the limit established by this Act shall determine the portion of the
land to be segregated.
Section 33. This chapter shall be held to authorize only one purchase of the
private parties
CHAPTER IX.
any member of which shall have received the benefits of this chapter or of
Section 55. Any tract of land of the public domain which, being
But any purchaser of public land, after having made the last payment upon
and cultivated at least one-fourth of the land purchased, if the same shall
be less than the maximum allowed by this Act may purchase successively
additional agricultural public land adjacent to or not distant from the land
first purchased, until the total area of such purchases shall reach the
Section 56. The lands disposable under this title shall be classified as
with as prescribed by this Act for the first purchase. (As amended by sec. 6
follows:
Page 75 of 127
and said Director shall give notice to the public, by publication in the
means;
Official Gazette or by other means, that the lots or blocks not needed for
(b) Foreshore
(c) Marshy lands or lands covered with water bordering upon the
Section 60. Whenever it is decided that lands covered by this chapter are
not needed for public purposes, the Director of Lands shall ask the
Government will lease or sell, as the case may be, the lots or blocks
area of the land so leased or sold shall be such as shall, in the judgment of
necessary for the purposes for which such sale or lease is requested, and
shall in no case exceed forty eight hectares: PROVIDED, however, That this
Section 61. The leases executed under this chapter by the Secretary of
the following:
purposes deemed by said entities conducive to the public interest; but the
(a) The rental shall not be less than three per centum of the appraised and
reappraised value of the lands and one per centum of the appraised or
(b) The land rented, or the improvements thereon, as the case may be,
public land for agricultural purposes under the provisions of this Act, may
shall be reappraised every ten years if the term of the lease is in excess of
purchase or lease land included under this title suitable for industrial or
that period.
residence purposes, but the title or lease granted shall only be valid while
such land is used for the purposes referred to. (As amended by section 10
this Act.
Section 58. The lands comprised in classes (a), (b), and (c) of
(d) The lessee shall construct permanent improvements appropriate for the
purpose for which the lease is granted, shall commence the construction
thereof within six months from the date of the award of the contract of
lease, and shall complete the said construction within eighteen months
Resources, shall declare that the same are not necessary for the
public service and are open to disposition under this chapter. The
(e) At the expiration of the lease or of any extension of the same, all
otherwise shall be surveyed and may with the approval of the Secretary of
(f) The regulation of all rates and fees charged to the public; and the
lots and blocks, with the necessary streets and alleyways between them,
Page 76 of 127
shall be made by sealed bidding as prescribed in section twenty-
(g) The continuance of the easements of the coast place and other
the Legislature.
(h) Subjection to all easements and other rights acquired by the owners of
Section 65. The Secretary of Agriculture and Natural Resources may grant
The violation of one or any of the conditions specified in the contract shall
give rise to the rescission of said contract. The Secretary of Agriculture and
of any portion of the lands covered by this chapter for any lawful private
public interest shall require it. (As amended by section 16 of Act No. 3517).
subsection (d), or extend the time without which the construction of the
improvements shall be commenced and completed. (As amended by
Section 62. The sale of the lands comprised in class (d) of section
the receipt of the approval of the purchase, and shall complete the
o
141
with the provisions of this Act. (As amended by section 13 of Act 3219
lands under the Public Land Act, with priority given to bona fide
Section 64. The lease or sale shall be made through oral bidding;
PURPOSES
Under Chapter 10 of the Public Land Act, lands for said purposes
Page 77 of 127
land, without prejudice to the prior right of the occupant and cultivator to
acquire such land under this Act by means other than free patent. The time
to be fixed in the entire Archipelago for the filing of applications under this
and thirty-eight. The period fixed for any district, province, or municipality
shall begin to run thirty days after the publication of the proclamation in
FREE PATENT
council affected, and copies thereof shall be posted on the bulletin board of
Any natural born citizen of the Philippines who is the owner of
more than 12 hectares and who, for at least 30 years prior to the
disposition, who shall have paid the real estate tax thereon while
Section 43. If, after the filing of the application and the
hectares
occupied and cultivated, provided its area does not exceed twenty-
and barrio in which the land is located and adverse claimants have
CHAPTER VII.
FREE PATENTS
CHAPTER VIII.
Section 41. Any native of the Philippine Islands who is not the
owner of more than twenty-four hectares, and who since July fourth,
Section 44. The persons specified in the next following section are hereby
entitled, under the provisions of this chapter, to have a free patent issued
apply also to the lands comprised in the provisions of this chapter; but this
persons from acting under this chapter at any time prior to the period fixed
proclamation the period within which applications for free patents may be
titles have not been perfected or completed, may apply to the Court
Page 78 of 127
royal decrees for the acquisition of legal title, and if not fully
other form of grant of lands of the public domain under the laws
and royal decrees then in force and have instituted had prosecuted
interest; the use made of the land, and the nature of the inclosure,
if any.
default upon their part, or for any other cause, not received title
The fees provided to be paid for the registration of lands under the Land
Section 48. Applications for registration under this chapter shall be heard in
the Court of First Instance in the same manner and shall be subject to the
Lands, who may appear as a party in such cases: PROVIDED, That prior to
the publication for hearing, all of the papers in said case shall be
stead, in order that he may, if he deems it advisable for the interests of the
chapter.
Section 46. No person claiming title to lands of the public domain not in
The final decree of the court shall in every case be the basis for the original
certificate of title in favor of the person entitled to the property under the
or claim may be filed with the same effect as in the procedure provided in
Section 50. It shall be lawful for the Director of Lands, whenever in the
Registration Act.
holder, claimant, possessor, or occupant of any land who shall not have
land claimed. The application shall also state the citizenship of the
applicant and shall set forth fully the nature of the claim, and when
boundaries of any such land which has not been brought into court as
aforesaid are open to question; or that it is advisable that the title to such
lands be settled and adjudicated, and praying that the title to any such
Page 79 of 127
Section 51. If in the hearing of any application arising under this chapter
RESERVATIONS
the court shall find that more than one person or claimant has an interest
Chapter 12 of Public Land Act
in the land such conflicting interests shall be adjudicated by the court and
according to the laws, but if none of said persons is entitled to the land, or
if the person who might be entitled to the same lacks the qualifications
required by this Act for acquiring agricultural land of the public domain, the
Upon receipt of such copy, the Director of Lands shall order the
transfer of sovereignty from Spain to the United States, it shall appear that
been yet surveyed, and as soon as the plat has been completed,
instituted, and under the conditions of the grant then contemplated, the
conveyance of such land to the applicant would not have been gratuitous,
but would have involved payment therefor to the Government, then and in
that event the court shall, after decreeing in whom title should vest,
of the land. Such judgment shall be certified to the Director of Lands by the
clerk of the court for collection of the amount due from the person entitled
CHAPTER XII
to conveyance.
Section 80. Upon receipt of the order of the President of the United
judgment, he shall so certify to the proper Court of First Instance and said
court shall forthwith order the registration of the Land in favor of the
such land as the President of the United States may set aside for
competent person entitled thereto. If said person shall fail to pay the
the same, the court shall order the proceeding to stand dismissed and the
title to the land shall then be in the Government free from claim of the
applicant.
court under this chapter shall become final, the clerk of the court
concerned shall certify that fact to the Director of Lands, with a certified
copy of the decree of confirmation or judgment of the court and the plan
the court.
Section 54. No title to, or right or equity in, any lands of the public domain
Page 80 of 127
reserved to any person or corporation, in order that such person or
corporation may clear, break, and prepare for cultivation the lands of said
colony and establish the necessary irrigation system and suitable roads and
any tract or tracts of the public domain for the exclusive use of the non-
fences; but final disposition shall be made of the land in accordance with
land, the use and benefit only of a tract of land not to exceed four hectares
Legislature may direct that such land so prepared for cultivation may be
for each male member over eighteen years of age or the head of a family.
As soon as the Secretary of the Interior shall certify that the majority of
SPECIAL PATENTS
lands of the public domain within such reservation be granted under the
disposable lands formerly covered by a reservation of lands of the
general provisions of this Act to the said inhabitants, and the subdivision
the President
inhabitant may at any time apply for the general benefits of this Act,
FRIAR LANDS
same: PROVIDED, That all grants, deeds, patents and other instruments of
These lands are not public lands but private and patrimonial lands
of the government
The LMB shall first issue a certificate stating therein that the
Islands were under the sovereignty of Spain, or without the consent of the
The latter shall then accept the certificate and agree to pay the
States, and all deeds and other documents executed or issued or based
upon the deeds, patents, and documents mentioned, are hereby declared
3517).
CERTIFICATE OF SALE
colonists shall be made under the provisions of this Act, yet while the
A foreshore land is that strip off land that lies between the high
and low water marks and that is alternatively wet and dry
public domain
Constitution
THE LAND
alleged fraud consists in the fact that said land, at the time of
INDEFEASIBLE
title is issued, the land ceases to be part of the public domain and
patent through fraud would also fail where the land had
proceeding
good faith
Private parties cannot challenge the validity of the patent and title
when they are not registered owners thereof nor had they been
the government and set aside, the defendant cannot question it.
The legality of the grant is a question between the grantee and
the government.
It is not only the right but also the duty of the Director of Lands to
patent and the corresponding title to a public land and to file the
should so warrant
such title in order that that the appropriate action for reversion
AND REVERSION
of title
government
Page 82 of 127
laws, and while the same are in force, but not thereafter.
The grant of power and duty to alienate and dispose of the land
one hundred and twenty-one of this act shall be unlawful and null
and void from its execution and shall produce the effect of
detainer
Government.
four, thirty four, fifty seven, one hundred and twenty, and one
years from and after the date of issuance of the patent or grant,
Section 119. Except with the consent of the grantee and the
the manner and to the extent stipulated in said treaties, and only
year period
Page 83 of 127
himself and his family the land that the state had gratuitously
The five-year period starts from the date of execution of the deed
of sale, and not from the date of registration in the office of the
RD. This is true even if the full payment of the purchase price is
the contrary.
to the purchaser
Registry of Deeds.
invalidity, the sale is null and void and shall cause the reversion of
Whether as a result of the void sale the land reverted to the State
and his heirs. In any event, the plaintiffs right to the possession
homestead.
Page 84 of 127
1 dated September 22, 1972, as amended do hereby decree and order the
Agrarian Reform.
The tenant farmer, whether in land classified as landed estate or not, shall
collectively the lands they till or, in the case of other farmworkers,
In all cases, the landowner may retain an area of not more than seven (7)
to receive a just share of the fruits thereof. To this end, the State
hectares if such landowner is cultivating such area or will now cultivate it;
For the purpose of determining the cost of the land to be transferred to the
equivalent to two and one-half (2 1/2) times the average harvest of three
account ecological, developmental, or equity considerations, and
The total cost of the land, including interest at the rate of six (6) per
centum per annum, shall be paid by the tenant in fifteen (15) years of
voluntary land-sharing.
MECHANISM THEREFOR
valid and legitimate grievances that gave rise to violent conflict and social
tension,
Title to land acquired pursuant to this Decree or the Land Reform Program
Decree, the Code of Agrarian Reforms and other existing laws and
Since Reformation must start with the emancipation of the tiller of the soil
regulations;
this Decree.
Page 85 of 127
All laws, executive orders, decrees and rules and regulations, or parts
thereof, inconsistent with this Decree are hereby repealed and or modified
accordingly.
xxx
Done in the City of Manila, this 21st day of October, in the year of Our
person may own or retain, directly, any public or private agricultural land,
the size of which shall vary according to factors governing a viable family-
Agrarian reform program is founded on the right of farmers and
five (5) hectares. Three (3) hectares may be awarded to each child to the
To this end, the State shall encourage and undertake the just
fifteen (15) years of age; and (2) that he is actually tilling the land or
retention limits set forth in the law, taking into account ecological,
directly managing the farm: Provided That landowners whose lands have
original homestead grantees or direct compulsory heirs who still own the
The State shall respect the right of small landowners, and shall
original homestead at the time of the approval of this Act shall retain the
same areas as long as they continue to cultivate said homestead.
case the area selected for retention by the landowner ; is tenanted, the
and Executive Order No.229, including other lands of the public domain
suitable
for
agriculture.
to the land retained by the landowner. The tenant must exercise this option
within a period of one (1) year from the time the landowner manifests his
In cases, the security of tenure of the farmers or farm workers on the land
prior
to
the
approval
of
this
Act
shall
be
respected.
public
domain;
Upon the effectivity of this Act, any sale, disposition, lease, management
landowner in violation of this Act shall be null and void: Provided, however,
determined
by
Congress
in
the
preceding
paragraph;
That those executed prior to this Act shall be valid only when registered
with the Register of Deeds within a period of three (3) months after the
effectivity of this Act . Thereafter, all registers of Deeds shall inform the
agriculture; and
DAR within thirty (30) days of any transaction involving agricultural lands
Page 86 of 127
xxx
(1) Cash payment, under the following terms and conditions:
a) Lands actually, directly and exclusively used for parks, wildlife, forest
(a) For lands above fifty (50) hectares, insofar as the excess hectarage is
government
financial
instruments
negotiable
at
any
time.
b) Private lands actually, directly and exclusively used for prawn farms and
(b) For lands above twenty-four hectares and up to fifty (50) hectares --
fishponds shall be exempt from the coverage of this Act: Provided, That
said prawn farms and fishponds have not been distributed and Certificate
instruments
negotiable
at
any
time.
In cases where the fishponds or prawn farms have been subjected to the
(c) For lands twenty-four (24) hectares and below ---Thirty-five percent
negotiable
at
any
time.
consent to the exemption within one (1) year from the effectivity of this
Act. When the workers or tenants do not agree to this exemption, the
accordance
with
guidelines
set
by
the
PARC;
manage
the
same.
(3) Tax credits which can be used against any tax liability ;
In cases where the fishponds or prawn farms have not been subjected to
the Comprehensive Agrarian Reform Law, the consent of the farm workers
(4)
LBP
bonds,
which
shall
have
the
following
features:
hereof
on
incentives
shall
apply.
(a) Market interest rates aligned with 91-days treasury bill rates. Ten
percent (10%) of the face value of the bonds shall mature every year from
the date of issuance until the tenth (10th) year: Provided, That should the
shall
be
paid
correspondingly
in
LBP
bonds:
purposes, seeds and seedlings research and pilot production center, church
sites and convents appurtenant thereto, mosque sites and Islamic centers
(b) Transferability and negotiability. Such LBP bonds may be used by the
colonies and penal farms actually worked by the inmates, government and
their
face
value
for
any
of
the
following:
private research and quarantine centers and all lands with eighteen percent
(18%) slope and over, except those already developed, shall be exempt
assets under the Assets Privatization Program and other assets foreclosed
xxx
the lands for which the bonds were paid are situated ;
the landowner and the DAR and LBP or as may be finally determined by the
corporations;
court as just compensation for the land.
(iii) Substitution for surety or bail bonds for the provisional release of
options
of
the
landowner:
accused
persons,
or
for
performance
bonds;
Page 87 of 127
(iv) Security for loans with any government financial institution, provided
either party and shall be duly recorded and its implementation monitored
by
the
DAR.
region
as
the
land
for
which
the
bonds
are
paid;
(v) Payment for various taxes and fees to government : Provided, That the
both parties, which shall be binding upon them, upon registration with and
Provided, further, That the PARC shall determine the percentages mention
above;
form
the
date
of
registration.
(vi) Payment for tuition fees of the immediate family of the original
In the event they cannot agree on the price of land, the procedure for
institutions;
(vii) Payment for fees of the immediate family of the original bondholder in
xxx
government
hospitals;
and
SEC. 26. Payment by beneficiaries .---Lands awarded pursuant to this Act
(viii) Such other uses as the PARC may from time to time to allow.
shall be paid for by the beneficiaries to the LBP in thirty (30) annual
amortizations at six percent (6%) interest per annum. The payments for
the firs three (3) years after the award may be at reduced amounts as
measures
to
protect
the
economy.
established by the PARC : Provided, That the first five percent (5%) of the
value of the annual gross production as established by the DAR. Should the
SEC. 19. Incentives for Voluntary offers for Sale.--Landowners, other than
scheduled annual payments after the fifth year exceed ten percent (10) of
banks and other financial institutions, who voluntarily offer their lands for
the annual gross production and the failure to produce accordingly is not
due to the beneficiary's fault, the LBP may reduce the interest rate or
The LBP shall have a lien by way of mortgage on the land awarded to
subject
to
the
following
guidelines
of an aggregate of three (3) annual amortizations. The LBP shall advise the
DAR of such proceedings and the latter shall subsequently award the
(a) All notices for voluntary land transfer must be submitted to the DAR
land transfer which remain unresolved after one (1) year shall not be
recognized and such land shall instead be acquired by the government and
transferred
pursuant
to
this
Act.
(b) The terms and conditions of such transfer shall not be less favorable to
the transferee than those of the government 's standing offer to purchase
however, That the children or the spouse of the transferor shall have a
from the landowner and to resell to the beneficiaries, if such offers have
right to repurchase the land from the government or LBP within a period of
been
made
and
are
fully
known
to
both
parties.
two (2) years. Due notice of the availability of the land shall be given by
Page 88 of 127
xxx
hereof shall be valid as long as the total landholdings that shall be owned
If the land has not yet been fully paid by the beneficiary, the right to the
Any sale or disposition of agricultural lands after the effectivity of this Act
for such transfer or conveyance, shall cultivate the land himself. Failing
compliance herewith, the land shall be transferred to the LBP which shall
give due notice of the availability of the land in the manner specified in the
Deeds and the BARC an affidavit attesting that his total landholdings as a
result of the said acquisition do not exceed the landholding ceiling. The
Register of Deeds shall not register the transfer of any agricultural land
In the event of such transfer to the LBP, the latter shall compensate the
beneficiary in one lump sum for the amounts the latter has already paid,
xxx
shall be decided within thirty (30) days after it is submitted for resolution.
Only one (1) motion for consideration shall be allowed. Any order, ruling or
decision shall be final after the lapse of fifteen (15) days from receipt of a
Recognized the necessity to encourage a more productive
copy thereof.
xxx
SEC. 65. Conversion of Lands .--- After the lapse of five (5) years from its
award, when the land ceases to be economically feasible and sound for
agricultural purposes, or the locality has become urbanized and the land
with due notice to the affected parties, and subject to existing laws, may
Provided, That the beneficiary shall have fully paid his obligation.
6657
xxx
SEC. 67. Free Registration of Patents and Titles.--- All registers of Deeds
are hereby directed to register, free from payment of all fees and other
the CARP.
Page 89 of 128
receive a just share of the fruits of the lands they work.
REFORM COVERAGE
AGRICULTURAL LAND
industrial land.
AGRICULTURAL ACTIVITY
Act: Provided, That said prawn farms and fishponds have not been
issued
to
Agrarian
Reform
Program.
juridical.
year from the effectivity of this Act. When the workers or tenants
JURISDICTION OF DAR
apply.
have been registered with the RD, in which instance the recalling
lands with eighteen percent (18%) slope and over, except those
The requisites for coverage under the OLT program are the
following
agreement
obtaining therein
have the entire property covered, such as the form letter of the
the LBP
AGRICULTURAL TENANCY
which the former agrees to share the harvest with the latter, or to
money, or both
3. There is consent
PRELIMINARY
Page 91 of 128
agricultural owner
SUMMARY
owners
JUST COMPENSATION
agriculture
MODES OF ACQUISITION
implementation of PD27
phasing
Page 92 of 128
terms and conditions to the sale, it was proper for the plaintiff to
REGISTRATION
cannot in any way prejudice the rights of the mortgagee since any
same to the Register of Deeds. The court, after hearing, may order
DUPLICATE CERTIFICATE
lieu thereof. Such new certificate and all duplicates thereof shall
duplicate.
The court after hearing may order the registered owner or any
same or any person on the certificate has been changed; or that the
sale to the plaintiff and ordered the defendant to comply with the
Page 93 of 128
owned registered land and has been dissolved has not convened
the same within three years after its dissolution; or upon any other
dissolved has not convened the same within three years after its
reasonable ground; and the court may hear and determine the
petition after notice to all parties in interest, and may order the
IN NATURE
or ordered by the court which shall impair the title or other interest
his heirs and assigns, without his or their written consent. Where
(Fojas v. Grey)
(Abella v. Rodriguez)
entered
based alone on the fact that land registration courts are likewise
o
Full opportunity to the parties in the presentation of their
thereto
2. That new interest not appearing upon the certificate have arisen
or been created; or
4. That the same or any person on the certificate has been changed;
CONTENTIOUS CASES
or
affected; or
Page 94 of 128
upon the RTC the authority to act not only on applications for
original registration but also over all petitions filed after original
The rule that the RTC, sitting as a land registration court, has
CERTIFICATE
destroyed
certificate are:
incorrect
action
4. The court may set the petition for hearing, after due
deed of sale, the registration of the sale and issuance of a TCT are
duplicate
A petition for replacement shall be filed with the RTC of the place
where the land lies and this is true even if the title was issued
interest, the court may, after notice and due hearing, direct the
Page 95 of 128
torrens certificate of title that are missing and not fictitious titles
land was reconstituted judicially and later it was found that there
become final until the lapse of thirty days from receipt by the
name of another person, the court ruled that the existence of the
SOURCES OF RECONSTITUTION
2.
RA 26: An Act Providing a Special Procedure For The
title
3.
the case may be, pursuant to which the original certificate of title
interest in the property was duly noted in the original at the time
was issued
certificate of title
1.
prescribed by law in the same form they where when the loss or
destruction occurred
title
The fact that the title to the land was lost doesnt mean that the
by acquisitive prescription
was issued
5.
Page 96 of 128
leased, or encumbered, or an authenticated copy of said
having interest in the property with the proper RTC where the
certificate of title
been issued or, if any had been issued, the same had
the property
As per LRC circular #35, the signed duplicate copy of the petition
following:
accomplished, as yet
description, or by a duly licensed Geodetic Engineer who
MAILING
land is situated
COMPLIANCE
WITH
JURISDICTIONAL
REQUIREMENTS
IS
MANDATORY
Page 97 of 128
proceedings.
IN FACT EXISTS
Sections 18 and 19 of RA 26
The clerk of court shall forward the order to the RD and all
of the reconstitution
alterations or erasures
That the certificate was in full force and effect at the time
PROCEEDING
RECONSTITUTION
ADMINISTRATIVE RECONSTITUTION
by the Administrator
Page 98 of 128
(c) When the value of the property is more than ten thousand
reconstitution
pesos but does not exceed one hundred thousand pesos, eighty
It has the power to review, revise, reverse, modify or affirm on
thereof, and ten pesos for each additional ten thousand pesos, or
(d) When the value of the property is more than one hundred
thousand pesos but does not exceed five hundred thousand pesos,
one hundred eighty pesos for the first one hundred twenty-five
thereof.
o
PETITION FOR REVIEW on the ground of fraud, accident,
(e) When the value of the property is more than five hundred
court
thousand pesos, five hundred twenty pesos for the first five
LRA administrator
thereof.
If the property has not been assessed for taxation, the fees above
Section 111. Fees payable. The fees payable to the Clerk of Court,
1. For filing an application for the registration of land, the fees shall
pesos.
3. For filing a petition after the decision has become final, twenty
pesos. If it affects land decrees in more than one case, for each
(a) When the value of the property does not exceed two thousand
pesos, fifteen pesos for the first five hundred pesos, or fractional
part thereof, and five pesos for each additional five hundred pesos,
(b) When the value of the property does not exceed two thousand
B. Fees payable to the Sheriff. The sheriff shall collect fees for his
pesos but does not exceed ten thousand pesos, thirty five pesos for
the first three thousand pesos, or fractional part thereof, and five
thereof.
Page 99 of 128
6. Court Order. For the annotation of an order of the court for the
and/or the issuance of a new one, ten pesos for each certificate of
be, of this subsection, in the same are also due for the registration
5. For all other services not mentioned above, the same fees
services.
shall collect fees for all services rendered by him under this Decree
ten pesos for the first parcel of land described thereon and five
2. Entry fee. For each entry fee in the primary entry book, five
certificates of title when required by existing laws or regulations,
pesos.
writ of execution, adverse claim, five pesos for each parcel of land
affected thereby.
9. Notice of tax lien, loss, etc. For the annotation of a notice of tax
parcel of land so released, five pesos; but the total amount of fees
to be collected shall not exceed the amount of fees paid for the
following schedule:
title for which no specific fee is prescribe above, for each certificate
consideration does not exceed six thousand pesos, seven pesos for
the first five hundred pesos, or fractional part thereof, and three
thereof.
consideration is more than six thousand pesos but does not exceed
fee of five pesos shall be collected for each additional parcel or lot.
(c) One hundred thousand pesos maximum. When the value of the
exceed one hundred thousand pesos, one hundred fifty pesos for
seventeen, as the case may be, of this subsection, if the same are
also due. If the certificate covers more than one parcel or lot, an
part thereof.
parcel or lot.
(d) Five hundred thousand pesos maximum. When the value of the
pesos for the first one hundred ten thousand pesos, or fractional
additional duplicate or copy thereof, ten pesos for the first page
part thereof, and twenty pesos for each additional ten thousand
(e) More than five hundred thousand pesos. When the value of the
thousand one hundred sixty-two pesos for the first five hundred
thereof.
(a) Exchange. In the exchange of real property the basis of the fees
price of the property proper plus the full amount of the mortgage,
each in the value of the estate, the basis shall be the total current
provinces, the basis of the fees in each Registry of Deeds where the
as the case may be, shall be the total current assessed value of the
case, the aggregate of such selling price and share shall be the
such assessed value shall be the basis of the fees in the respective
Registry.
shall be the total selling price paid by each party-buyer, or, in the
the fees shall be an amount equal to ten per centum of the total
each Registry shall be ten per centum of such sum as obtained for
provinces, the basis of the fees in each Registry of Deeds where the
the fees shall be based on ten per centum of the current assessed
used as basis for the collection of the fees paid for the registration
property, the basis of the fees shall be the current assessed value
of the fees in each Registry shall be ten per centum of the selling or
lying within the jurisdiction of the Registry concerned.
Registry.
furnished.
19. Certified copy. For certifying a copy furnished under the next
preceding paragraph, for each certification, five pesos for one page
city or province.
words.
rentals due for thirty months. If the rentals are not distributed, the
record.
the fees in each registry shall be ten per centum of the amount
follows:
used as basis for the collection of the fees paid for the registration
of said lease.
be:
(a)
(b)
For
each
traverse
station
............
3.
0.10
0.40
(d)
For
each
observation
...........
0.50
(e)
1.
For the first lot, which must be the biggest of the group,
additional 40 per cent of the rates prescribed above shall be
irrespective
of
the
number
of
its
corner
collected.
..........
P40.00
2.
corners, said lot being adjacent to the first lot or any other lot
for
subdivision
and/or
consolidation-subdivision
survey,
..
P15.00
3.
For each non-adjacent lot (other than the first charged lot),
per plan.
irrespective
of
the
number
of
its
corners
...........
P20.00
4.
corner
of
such
lot
in
the
first
twenty
corners
that stated in the certificate of title covering the land, and for the
.........
P0.40
and tie lines, the fee shall be 30 per centum of the fees prescribed
in paragraph 4 above.
examination,
verification,
and
approval
of
consolidation,
enlarged scale.
survey or plan on any paper other than a tracing cloth, the fee on
(a)
For
the
first
ten
corners
or
fraction
thereof
4. For the preparation of a plan in a tracing cloth of any survey, the
............
P20.00
(b)
..............
5.00
computed as follows:
(c)
For
the
third
ten
corners
or
fraction
thereof
............
2.00
(d)
.............. 0.20
P40.00
(e)
2.
5.00
6.00
(f)
distances of the sides and tie-lines, add to the total fees as above
(a)
less .........
P100.00
(b)
(a)
1.
P100.00
decimeters .......
P3.00
2.
(b)
For one copy of more than forty square decimeters but not
........... 10.00
exceeding
eighty
square
decimeters
in
size
............
6.00
(c)
.. 9.00
(d)
decimeters in size, the basis rate of nine pesos plus for every
1. Rural (Agricultural)
Area
Survey Fee
........ 0.50
For the first hectare ...........
P 350.00
following fees:
(a)
1.
P3.00
2.
For each corner of a lot ........... 0.20
3.
0.20
2. Urban (Solar):
4.
(b)
1.
2.
0.20
3.
0.10
fifty per cent (150%) of the amount of survey fee collectible on the
the preceding paragraph plus one per cent (1%) of the assessed
correctness of the same, per plan or print copy P3.00 and for the
this Section and Sections 118 and 116 of this Decree shall be
the Budget, such amounts shall be disbursed and all offices under
printing of Land title forms, for survey contracts, and for the
(a) The Register of Deeds for each province or city shall keep a
CONVEYANCING
Book shall contain, among other particulars, the entry number, the
names of the parties, the nature of the document, the date, hour
Registration Book, after the same shall have been entered in the
and the latter may appeal the matter to the Commissioner of Land
act and deed of the person or persons executing the same before a
right.
(c) After recording on the Record Book, the Register of Deeds shall
public, except the page where the signatures already appear at the
instruments, the file number and the date as well as the hour and
witnesses, and all the ages sealed with the notarial seal, and this
acknowledgment.
(d) Tax sale, attachment and levy, notice of lis pendens, adverse
this section, he shall collect the same amount of fees prescribed for
LAND
the land shall have been brought under the operation of the
Torrens system
record, as well as on its duplicate, the date, hour, and minute when
party in interest in writing of the grounds for his refusal, and the
after the same shall have been entered in the primary Entry Book.
The Register of Deeds shall also certify the officer's return of sale
parties, nature of the document, and the date, hour and minute it
mortgage itself, and give a certified copy thereof, when requested,
was presented
upon payment of the legal fees for such copy thereof, when
requested, upon payment of the legal fees for such copy and certify
book after the same shall have been entered in the primary entry
instrument the file number and the date as well as the hour and
date, hour, and minute when the same is received for record and
(e) More than five hundred thousand pesos. When the amount of
Section 116. Fees for chattel mortgages, etc. The register of Deeds
shall collect the following fees for services rendered by him under
this section:
per centum of the amount of fees due and paid in the first city of
mortgage, including the necessary certificates and affidavits, the
mortgage does not exceed six thousand pesos, seven pesos for the
first five hundred pesos, or fractional part thereof, and three pesos
mortgage is more than six thousand pesos but does not exceed
thirty thousand pesos, forty-eight pesos for the initial amount not
the mortgage is more than thirty thousand pesos but does not
exceed one hundred thousand pesos, one hundred fifty pesos for
part thereof.
the mortgage is more than one hundred thousand pesos but does
pesos for the initial amount not exceeding one hundred ten
thousand pesos and twenty pesos for each additional ten thousand
and the records certified to him after notice to the parties and
10. Certified copy. For certified copies of records, such fees as are
that the party in interest who disagrees with the final resolution,
additional fee of one peso shall be collected for every one hundred
words.
and said officer has no power to pass upon the legality of an order
CONSULTAS
does not agree with the action taken by the Register of Deeds with
shall notify the interested party in writing, setting forth the defects
existing law.
FINAL PROVISIONS
for reconstitution
3. If the owners duplicate of title is lost, the law requires that notice
Decree.
Section 120. Repealing clause. All laws, decrees, orders, rules and
may arise from the loss of the owners duplicate. This particular
accordingly.
acquire jurisdiction and the proceedings are null and void. The
Section 122. Effectivity. This Decree shall take effect upon its
approval.
Done in the City of Manila, this 11th day of June, in the year of Our
you file the petition with the RD. It is easier with the RD as you
evidence that you can submit for a petition for reconstitution can
title.
CADIZ NOTES:
reconstitution.
preceding section.
number of certificates lost is not less than 500 and the cause of
is allowed. If you are not satisfied, you can go to the LRA within
15 days from the receipt of the decision. If not the LRA, file a
petition for review with the proper court or specifically, the RTC.
11. The reconstituted title should be in the form and condition as the
12. All these petitions and motions should be filed with the same
You will use the same case number wherein the title was issued.
CONDOMINIUM ACT
Act".
areas.
SHAREHOLDERS
enabling or master deed which shall contain, among others, the
following:
condominium unit
requires:
any;
included;
parts
thereof:
plan of the same property had previously been filed in said office;
condominium corporation
basis and that in the case of mixed use, simple majority shall be on
who hasnt paid the full purchase price is not the owner of the unit
such property.
Corporation
a) the boundary of the unit granted are the interior surfaces of the
said buildings, plants or factories. The following are not part of the
hall ways and other areas of common use, elevator equipment and
exclusive casement for the use of the air space encompasses by the
which renders a material part thereof unfit for its use prior thereto,
common by the holders of units, in equal share one for each unit.
projects; or
e) That the condition for such partition by sale set forth in the
provided, that the vote of not less than a majority in interest of the
owners is obtained;
Cadastral Acts.
provide:
a) As to management body
thereof; or
notwithstanding.
SECTION 13. Until the enabling or the master deed of the project in
for its use prior thereto, the project has not been rebuilt or
destruction; or
project; or
have two years within which to pay for the shares or furnish a
made. The amount of any such assessment plus any other charges
of title covering the land included within the project and the
may provide for the subordination thereof to any other liens and
foreclosure of mortgages.
SECTION 19. Where the enabling or master deed provides that the
certificate of title of the property and issue a new one in the name
of the lien of the fraction of the total sum secured by such lien
SECTION 28. This act shall take effect upon its approval.
VIOLATIONS THEREOF
thus endangering the health and safety of home and lot buyers;
swindling
and
fraudulent
manipulations
perpetrated
by
certificate of title.
such as failure to deliver titles to the buyers or titles free from liens
for value;
and several.
WHEREAS, these acts not only undermine the land and housing
New Society, particularly the promotion of peace and order and the
Filipino people;
SECTION 26. Whenever real property has been divided into
other tax purposes, to the owners thereof and tax on each such
therewith.
(e) Subdivision lot. "Subdivision lot" shall mean any of the lots,
subdivision project.
(i) Owner. "Owner" shall refer to the registered owner of the land
or otherwise.
(c) Buy and purchase. The "buy" and "purchase" shall include any
(l) Broker. "Broker" shall mean any person who, for commission or
Authority.
Decree.
buyers;
perpetrated
by
unscrupulous
subdivision
and
WRIT OF EXECUTION
Upon the failure of the HLURB to act on the motion, a petition for
Cases
involving
specific
performance
of
OF PROPERTY
salesman.
OF UNPAID INSTALLMENTS
(b) The location of the owner's principal business office, and if the
lot
4. For specific performance filed by the lot buyer against the seller of
a subdivision lot
(c) The names and addresses of all the directors and officers of the
lot buyer
shall submit his subdivision plan to the Authority which shall act
statement:
upon and approve the same, upon a finding that the plan complies
this section.
6541).
and general character of its assets and liabilities and a copy of its
the case may be, with all the amendments thereof and existing by-
(d) A title to the property which is free from all liens and
lies and the same shall be acted upon subject to the conditions and
of mortgage contains a stipulation that the mortgagee shall release
as the full purchase price for the same is paid by the buyer.
The owner or the real estate dealer interested in the sale of lots or
information:
proper fees.
and the compliance by the owner or dealer with the applicable laws
dealer.
where the project at least one a week for two consecutive weeks
prospective buyers.
The suspension order may be lifted if, after notice and hearing, the
fraudulent.
hereof.
the right to sell the project, though binding upon all persons
prescribe.
dealer:
(a) Is insolvent; or
If the Authority shall find that the applicant is of good repute and
transactions; or
a dealer or broker.
buyers; or
made not less than thirty nor more than sixty days before the first
day of the ensuing year and upon payment of the prescribed fee,
(f) Does not conduct his business in accordance with law or sound
public inspection.
obtaining in courts of law. The Rules of court shall not apply in said
applicant or registrant:
(d) Power incidental to the hearing. For the purpose of the hearing
registration; or
Pending hearing of the case, the Authority shall have the power to
registration; provided, that such order shall state the cause for the
suspension.
Rules of Court.
Section 15. Decision. The case shall be decided within thirty (30)
days from the time the same is submitted for decision. The Decision
(b) Venue. The hearing may be held before the officer or officers
notice.
after the lapse of 15 days from the date of receipt of the Decision.
Section 16. Cease and Desist Order. Whenever it shall appear to the
that the proceeds of the mortgage loan shall be used for the
15 of PD957
The loan value of each lot or unit covered by the mortgage shall be
the release of the loan. The buyer may, at his option, pay his
installment for the lot or unit directly to the mortgagee who shall
secured by the particular lot or unit being paid for, with a view to
enabling said buyer to obtain title over the lot or unit promptly
property is situated.
BUSINESS PRACTICE
facts and must be presented in such manner that will not tend to
development
represented
or
promised
in
brochures,
of this Decree.
owner or developer or his agents and the same shall form part of
REGISTRATION OF SALE
this Decree.
from the date of the issuance of the license for the subdivision or
by the Authority.
project according to the approved plans and within the time limit
for complying with the same. Such buyer may, at his option, be
CONSEQUENCE OF DELAY
legal rate.
events, legal orders or force majeure and with the written notice
IMPROVEMENTS
FORECLOSED PROPERTY
within two years from the date of this Decree unless otherwise
the event of this failure to pay the installments due for reasons
and upon full payment of the cash surrender value to the buyer.
made.lawphi1
Section 4. In case where less than two years of installments were paid, the
based on the installments paid after the effectivity of the law in the
seller shall give the buyer a grace period of not less than sixty days from
If the buyer fails to pay the installments due at the expiration of the grace
period, the seller may cancel the contract after thirty days from receipt by
the buyer of the notice of cancellation or the demand for rescission of the
Section 1. This Act shall be known as the "Realty Installment Buyer Act."
updating the account during the grace period and before actual cancellation
act.
Section 6. The buyer shall have the right to pay in advance any installment
or the full unpaid balance of the purchase price any time without interest
and to have such full payment of the purchase price annotated in the
where the buyer has paid at least two years of installments, the buyer is
succeeding installments:
(a) To pay, without additional interest, the unpaid installments due within
the total grace period earned by him which is hereby fixed at the rate of
one month grace period for every one year of installment payments made:
Provided, That this right shall be exercised by the buyer only once in every
five years of the life of the contract and its extensions, if any.
(b) If the contract is canceled, the seller shall refund to the buyer the cash
the title of the lot or unit to the buyer upon full payment of the lot
cent of the total payments made, and, after five years of installments, an
additional five per cent every year but not to exceed ninety per cent of the
deed of sale in the Registry of Deeds, shall be collected for the
total payments made: Provided, That the actual cancellation of the contract
issuance of such title. In the event a mortgage over the lot or unit
shall take place after thirty days from receipt by the buyer of the notice of
issuance in order that the title over any fully paid lot or unit may be
to a public highway
person other than the residents of the subdivision to use the road
when they are inside the subdivision but doesnt give outsiders a
Even with a valid mortgage over the lot, the seller is still bound to
redeem said mortgage without any cost to the buyer apart from
price
development.
Section 26. Realty Tax. Real estate tax and assessment on a lot or
the buyer for as long as the title has not passed the buyer;
roads and open spaces found within the project to the city or
developer for such tax and assessment effective the year following
and only with the consent of a majority of the lot or unit buyers
Court.
Section 39. Penalties. Any person who shall violate any of the
the
case
of
corporations,
partnership,
cooperatives,
or
government.
be liable jointly and severally with and to the same extent as such
and did not directly or indirectly induce the act or acts constituting
this Decree shall be in addition to any and all other rights and
receive from the buyers the installment payments due on the lots,
Section 42. Repealing clause. All laws, executive orders, rules and
Section 36. Rules and Regulations. The Authority shall issue the
Section 43. Effectivity. This Decree shall take effect upon its
approval.
decisions.
impose fines not exceeding ten thousand pesos for violations of the