Beruflich Dokumente
Kultur Dokumente
12345
TCT no. TCT No.
12345 23456
v. S------------------- B (IPV)----------------------X
Hypo: S is the registered owner of a land covered by TCT No. 12345. He sold the same to B who did
not have any notice of claims of third person/s over the land and paid the fair market value of the
land (10m). Thus, B is an IPV. The land was registered in the name of B with TCT No. 23456. B then
sold the property to X. However, before X could pay the 10m, he discovered that A had a claim
against S over the property. X paid the property and was registered in his name with TCT No.
34567. What did X acquire from B? Can X claim the rights of an IPV since B is an IPV?
Answer: YES, by virtue of subrogation. In subrogation, the transferee acquires the status and rights
of the transferor. Since B, the transferor is an IPV, X acquires the rights and status of IPV
notwithstanding the fact that he had knowledge of A’s claim. X steps into the shoes of his
predecessor-in-interest.
Hypo: If A files a case against S. What defense can B put up?
Answer: His status and rights as IPV.
Hypo: How about X?
Answer: He may also raise the defense that he is an IPV since he acquired the status and rights of B.
Held:
(a) No because the exception to the Mirror Doctrine was applied by the Court. At the time of the
sale, the sellers were not in possession of the property and in fact, there were third persons
occupying the same. These instances should have put Spouses Mathay into inquiry as to the
nature of the possessory rights of Atangan et. al. Since they did not investigate, they are not
IPV.
(b) Because there are successive registrations in this case involving the same land, the rule is to
trace the original certificates of title from which the certificates of title in question were
derived. This is called DERIVATIVE TITLE. So, trace the derivative title. In this case, the
derivative title of the certificate of Spouses Mathay was issued on February 28, 1980 and
the derivative title of the certificates of Atangan et al was issued on August 9, 1976.
Obviously, the derivative title of Atangan et al (TCT No. 85866) bears an earlier date which
means that the certificates of Atangan et al should prevail over the certificate of Spouses
Mathay.
a. If there are only two genuine certificates of title issued to different persons covering the
same land, the person whose certificate of title bears an earlier date prevails.
Basis: prius tempore, potior jure.
Note: this is not applicable if there are successive registrations.
b. In case of successive succession where more than one certificates of title are issued in
respect of a particular estate, the person claiming under the prior certificate is entitled to
the estate or interest and that person is deemed to hold, under the prior certificate, a claim
derived directly or indirectly from the holder of the earliest certificate issued in respect
thereof.
Where two certificates purport to the same land, wholly or partly, the better approach is to
trace the original certificates of title from which the certificates of title were derived. If
there are successive registrations involving the same land, the rule is not to determine the
title based only on the date of the certificate of title. The derivative title that bears an earlier
date should prevail.
a. Proceeding in rem which means that the proceedings and the judgment are binding upon
the whole world.
b. The proceedings are involuntary because the initiative in the institution of the petition or
registration lies with the government and the persons claiming ownership must assert their
claim in the case or they lose their property. This means that the person is compelled to file
an answer. If the person loses his ownership, the land shall be declared owned by the State.
(a) When in the opinion of the President of the Philippines public interest so requires that title to any unregistered lands be
settled 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 and the plans and technical description thereof prepared in due form.
(b) Thereupon, the Director of Lands shall give notice to persons claiming any interest in the lands as well as to the genera l
public, of the day on which such survey will begin, giving as fully and accurately as possible the description of the lands to be
surveyed. Such notice shall be punished once in the Official Gazette, and a copy of the notice in English or the national
language shall be posted in a conspicuous place on the bulletin board of the municipal building of the municipality in which
the lands or any portion thereof is situated. A copy of the notice shall also be sent to the mayor of such municipality as well as
to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.
(c) The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall give notice reasonably in
advance of the date on which the survey of any portion of such lands is to begin, which notice shall be posted in the bulletin
board of the municipal building of the municipality or barrio in which the lands are situated, and shall mark the boundaries of
the lands by monuments set up in proper places thereon. It shall be lawful for such Geodetic Engineers and other employees
to enter upon the lands whenever necessary for the purposes of such survey or the placing of monuments.
(d) It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to
communicate with the Geodetic Engineer upon his request therefor all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims any interest.
(e) Any person who shall willfully obstruct the making of any survey undertaken by the Bureau of Lands or by a licensed
Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the placing of
any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land pursuant to
law, shall be punished by a fine of not more than one thousand pesos or by imprisonment for not more than one year, or both.
Object or purpose of CP: Under Section 35, it is to adjudicate title to lands. The titles issued in CP
are the same as those issued in voluntary registration proceedings.
a. Cadastral survey (Section 35)- When in the opinion of the President of the Philippines
public interest so requires that title to any unregistered lands be settled 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 and the plans and technical description thereof prepared in
due form.
It is the President who determines whether a certain land should be the subject of CP which
means that unregistered lands in a particular area should be settled or adjudicated by the
cadastral court. Cadastral Survey is conducted by the geodetic engineers or surveyors of
Land Management Bureau. So if for example, Town A is subject to a CP, then all lands in
Town A shall be surveyed.
Consequence of Cadastral Survey: there shall be a cadastral survey plan with technical
description of the lands covered by it.
b. Director of Lands through Solicitor General shall institute the original registration
proceedings by filing the necessary petition with the RTC of the place where the land
is situated.
Note:
Cadastral Lot no.- the designated no.
Cadastral Letter- the designated letter
c. The court shall issue an order setting the date of the initial hearing and the order to
be transmitted to the Administrator of LRA who will cause the preparation of the
notice of initial and the service of such notice (Posting, Mailing, Publication).
d. Filing of ANSWER
(Section 37) Any claimant in cadastral proceedings, whether named in the notice or not,
shall appear before the court by himself or by some other authorized person in his behalf,
and shall file an answer on or before the date of initial hearing or within such further time
as may be allowed by the court. The answer shall be signed and sworn to by the claimant or
by some other authorized person in his behalf, and shall state whether the claimant is
married or unmarried, and if married, the name of the spouse and the date of marriage, his
nationality, residence and postal address, and shall also contain:
Section 34. Rules of procedure. The Rules of Court shall, insofar as not inconsistent with the
provision of this Decree, be applicable to land registration and cadastral cases by analogy or in
a suppletory character and whenever practicable and convenient.
a. Court may issue the decree of registration in the sense that the court may adjudicate the
ownership of the lands in favour of one or more complainants.
b. If judgment is already final and executory, issue order the Administrator of LRA to issue
decree of registration and issue the corresponding certificates of title. Compliant to such
order, LRA shall issue them.
c. Declare lands as public lands if there is no claimant.
d. Rule on the authenticity of the certificates of title purportedly issued to the lands described
therein.
e. Order correction of technical description of lands included therein.
f. Resolve priority of overlapping titles pursuant to provision of Section 38.
Section 38. Hearing, Judgment, Decree. The trial of the case may occur at any convenient place within the province in
which the lands are situated and shall be conducted, and orders for default and confessions entered, in the same
manner as in ordinary land registration proceedings and shall be governed by the same rules. All conflicting
interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to
parts thereof and such decrees shall be the basis for issuance of original certificates of title in favor of said persons
and shall have the same effect as certificates of title granted on application for registration of land under ordinary
land registration proceedings.
Ex: A owns 10 hectares wishes to subdivide the land to 10 distinct parcels. He shall follow the steps
provided above. NO NEED TO FILE AN ACTION TO THE COURT.
2 kinds of subdivision plan to be submitted:
a. Simple- subdivision plan involves only the issuance of 7 COTS; only the administrator of
LRA needs to approve this plan.
b. Complex- more than 7 COTS; must be approved by Administrator and HLURB.
The LRA may not order or cause any change, modification, or amendment in the contents of any
certificate of title, or of any decree or plan, including the technical description therein, covering any
real property registered under the Torrens system, nor order the cancellation of the said certificate
of title and the issuance of a new one which would result in the enlargement of the area covered by
the certificate of title.
Purpose of Subdivision and Consolidation:
-to prevent land grabbing.
Section 47. Registered land not subject to prescriptions. No title to registered land in derogation of
the title of the registered owner shall be acquired by prescription or adverse possession.
Hypo: In the same case, A died. May heirs of A file the action to recover possession? May heirs of A
invoke the imprescriptibility of the title of A?
Answer: Yes, heirs may file the action because of two legal bases: (a) legal heirs succeed the title of
the owner and hence, stepping into the shoes of the decedent by operation of law and (b) they are
considered the extension/continuation of the personality of their predecessor-in-interest (Mateo v.
Blah).
Hypo: In the same case, B raised the defense of laches ie it took A 38 years to file the action. Is
laches a valid defense in action to recover the land?
Answer: No, filing of action to recover possession may not be barred by laches because laches is
contrary to Sectio 47.
What is laches?
-a principle based on equity.
-it may not prevail over a specific provision of law because equity, which has been defined as justice
outside legality, is applied ONLY in the absence of, and not against statutory law or rules of
procedure.
If land is unregistered: Laches may apply.
If land is registered: Laches will not apply. Section 47 prevails.
Direct and Collateral Attack
Section 48. Certificate not subject to collateral attack. A certificate of title shall not be subject
to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in
accordance with law.
a. Direct- there is an action to cancel, annul or nullify the COT. Hence, validity of the COT is the
main issue.
b. Collateral- there is action but the relieved prayed for is not to cancel or nullify the COT. The
prayer to cancel, annul or nullify the COT is merely incidental thereto.
Hypo: A filed and action for ejectment or recovery of possession against B, when is there a collateral
attack?
Answer: If B raises the defense that A’s title is invalid.
In an action for ejectment or recovery of possession, what is the main issue/relief prayed for?
-Who has a better right of possession of the land.
So, can the court issue an order cancelling the title of A?
-NO because it is just an indirect attack. Relief prayed for is recovery possession.
What is the purpose of action to cancel, annul or nullify title?
-cancel, annul or nullify title.
When will this be available?
a. When the court rendered judgment without acquiring jurisdiction over the case. Hence, the
corresponding title is null and void.
b. When the court rendered judgment in favour of a person and hence, causing the registration of
the land in his name but the land was in fact already (previously) registered under someone else’s
name. In this case, there are two titles.
Hypo: A filed and action for ejectment or recovery of possession against B. B, in his answer, filed a
counterclaim to cancel or nullify the title of A. Will the counterclaim of be entertained?
Answer: YES because this will constitute a direct attack already. A counterclaim is a direct attack
because counterclaim is the complaint of B, defendant, against. Hence, there are two cases: (1) A v.
B for recovery of possession and (2) B v. A for the nullification of A’s title.
Hypo: A filed and action for ejectment or recovery of possession against B. The action to nullify is
raised in a third party complaint. Will the third party complaint be entertained?
Answer: Yes. An action to cancel or nullify title in a third party complaint is in the same nature as an
original action to cancel or nullify title of A. Hence, it is a direct attack. Two cases: A v. B for
recovery of possession and B v. C for nullification of title of A (Spouses Sarmiento v. CA).
VOLUNTARY DEALINGS
Under Section 51, what can the owner do with his property?
-An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same
in accordance with existing laws.
-Bottom line, he may enter into voluntary dealings.
Example of contract involving conveyance: Contract of Sale, Mortgage
Why is it voluntary?
-because the contract is entered into with mutual consent.
What instrument should the registered owner use?
- He may use such forms of deeds, mortgages, leases or other voluntary instruments as are
sufficient in law.
When is a deed sufficient in law?
-If it is executed in the form prescribed by law.
When would the deed be in a form prescribed by law?
-If it complies with Section 112 and Section 55.
Section 112. Forms in conveyancing. The Commissioner of Land Registration shall prepare convenient blank forms as may
be necessary to help facilitate the proceedings in land registration and shall take charge of the printing of land title forms.
Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting
registered or unregistered land, executed in accordance with law in the form of public instruments shall be registerable:
Provided, that, every such instrument shall be signed by the person or persons executing the same in the presence of at least
two witnesses who shall likewise sign thereon, and shall acknowledged to be the free act and deed of the person or persons
executing the same before a notary public or other public officer authorized by law to take acknowledgment. Where the
instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each
page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each
page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the
instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses,
and all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the
acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more
parcels of land, the number thereof shall likewise be set forth in said acknowledgment.
Section 55. Grantee's name, nationality, etc., to be stated. Every deed or other voluntary
instrument presented for registration shall contain or have endorsed upon it the full name,
nationality, residence and postal address of the grantee or other person acquiring or
claiming an interest under such instrument, and every deed shall also state whether the
grantee is married or unmarried, and if married, the name in full of the husband or wife. If
the grantee is a corporation or association, the instrument must contain a recital to show
that such corporation or association is legally qualified to acquire private lands. Any change
in the residence or postal address of such person shall be endorsed by the Register of Deeds
on the original copy of the corresponding certificate of title, upon receiving a sworn
statement of such change. All names and addresses shall also be entered on all certificates.
Notices and processed issued in relation to registered land in pursuance of this Decree may
be served upon any person in interest by mailing the same to the addresses given, and shall
be binding, whether such person resides within or without the Philippines, but the court
may, in its discretion, require further or other notice to be given in any case, if in its opinion
the interest of justice so requires.
What happens if the document complies with Section 112 or in the form prescribed by law?
-It becomes a public document. Thus, it becomes a registerable document.
So if the VD covers a registered land, what is required under Section 51 to bind third persons?
-The deed must be registered in the
-Memorize: The act of registration shall be the operative act to convey or affect the land insofar as
third persons are concerned, and in all cases under this Decree, the registration shall be made in the
office of the Register of Deeds for the province or city where the land lies.
If the transaction is not registered and the VD covers registered land and a registerable deed is
executed , what is the effect?
-It shall be an evidence of the authority of Registry of Deeds to register the same.
-Between the parties, it serves as contract which has binding effect.
When will the deed bind third persons?
General Rule:
When the deed together with the owners duplicate COT is presented for registration to the ROD and
the deed is actually registered.
Exception:
An unregistered deed may affect third persons if such third persons have actual knowledge of the
transaction because the purpose of registration is already accomplished. The purpose of
registration is to give knowledge. Hence, actual knowledge is equivalent to registration.
Hypo: A sells his land to B. There is a deed of sale executed on March 15, 2011 but it was not
registered. On May 15, 2011, C filed a case against A and with this, C obtained a writ of attachment.
As a consequence, C, through the sheriff, attached the TCT of A and the attachment was registered.
Who between C and B has a better right of the property?
Answer: It depends on whether X has an actual knowledge of the sale between A and B.
If X has knowledge, he would be bound to the transaction. Hence, B has a better right.
If X has no actual knowledge, he is an innocent purchaser in good faith and for value. He has a better
right over the property because the writ of attachment is registered (Pineda v. Alcaraz).
Note:
Section 32: Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in
this Decree, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrancer for
value.
What is the effect of the registration of the deed under Section 52?
-The registration of every conveyance, mortgage, lease, lien, attachment, order, judgment,
instrument or entry affecting registered land shall serve as constructive notice to all persons from
the time of such registering, filing or entering.
What is the effect of the constructive notice?
-Once the transaction is registered, there is a conclusive presumption that a person has knowledge
of such transaction whether or not such person has actual knowledge of the registration.
PRIMARY ENTRY BOOK
Under Section 56, what does the ROD keep in his office?
-primary entry book
What is the use of the primary entry book?
-Instruments covering whether voluntary dealings or involuntary dealings shall be entered in this
book.
How are they entered?
-They shall be entered according to the order of their reception.
Other name for PEB?
-Day Book.
What is the effect of the annotation or registration of the instruments in the primary entry book?
-the instrument shall be binding upon third persons because the registration is already deemed
completed.
Section 56: They shall be regarded as registered from the time so noted, and the memorandum
of each instrument, when made on the certificate of title to which it refers, shall bear the same
date.
Note: The date of entry in the Primary Entry Book is important so as to determine the date of
registration. The entry alone in the PEB serves as constructive notice notwithstanding the fact that
actual registration is not yet completed. The actual annotation of the instrument or registration
retroacts to the date of the entry to the Primary Entry Book.
What are requirements so that the entry of VD in the entry book is sufficient?
a. Must comply with requirement of Section 53- Deed must be accompanied with the
Owners Duplicate Certificate of Title
Section 53. Presentation of owner's duplicate upon entry of new certificate. No voluntary
instrument shall be registered by the Register of Deeds, unless the owner's duplicate certificate is
presented with such instrument, except in cases expressly provided for in this Decree or upon
order of the court, for cause shown.
The production of the owner's duplicate certificate, whenever any voluntary instrument is
presented for registration, shall be conclusive authority from the registered owner to the Register
of Deeds to enter a new certificate or to make a memorandum of registration in accordance with
such instrument, and the new certificate or memorandum shall be binding upon the registered
owner and upon all persons claiming under him, in favor of every purchaser for value and in good
faith.
In all cases of registration procured by fraud, the owner may pursue all his legal and equitable
remedies against the parties to such fraud without prejudice, however, to the rights of any
innocent holder for value of a certificate of title. After the entry of the decree of registration on the
original petition or application, any subsequent registration procured by the presentation of a
forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void.
Hypo: If deed states that the property is sold to A, a foreigner. Is the deed in a form sufficient in
law?
Answer: No because it violates Section 55. Hence, it will not be registered by ROD.
Under Section 112, what is the requirement?
Note: Certificate Authorizing Registration issued by BIR is required in some document. CAR is not
issued when tax is not paid. Without CAR, documents concerned will not be registered.
Ex: Deed of Sale, Deed of Donation
Why it is that compliance of the three requirements renders the document deemed already
registered as far the registrar is concerned? Note: In this case, the deed is also presented and
stamped but there is no entry in the Entry Book yet.
-Because what remains to be done is just in the power of Registry of Deeds. Registrant has already
accomplished what he is supposed to do.
Under Section 53, why is the presentation of owner’s duplicate COT required?
-because the presentation of the voluntary instrument with the owner’s duplicate COT serves as an
evidence that transaction is voluntarily entered into by him and that he is naturally interested in
registering the same.
-The production of the owner's duplicate certificate, whenever any voluntary instrument is
presented for registration, shall be conclusive authority from the registered owner to the Register
of Deeds to enter a new certificate or to make a memorandum of registration in accordance with
such instrument, and the new certificate or memorandum shall be binding upon the registered
owner and upon all persons claiming under him, in favor of every purchaser for value and in good
faith.
Is the presentation of owner’s duplicate COT required in Involuntary Dealings?
-No because the registered owner would be adversely affected by the transaction and naturally, he
will not willingly surrender or present the owner’s duplicate COT.
Can the ROD give due course to a voluntary conveyance without presentation of owner’s duplicate
COT?
-No because the presentation of the owner’s duplicate together with the deed is the conclusive
authority on the part of the ROD to make registration. Hence, if the owner’s duplicate is not
presented, ROD has no authority to register the same.
What is the effect if what is presented is a genuine deed accompanied with a fake owner’s
duplicate? Is ROD authorized to register the same?
-No because the law requires the presentation of the genuine owner’s duplicate COT.
What is the effect of non-registration of the VD with respect to third persons?
-Third persons are not bound and the seller is still the registered owner of the land.
If ROD has doubts as to the steps to be taken in handling the registration, to deny or not, what is the
remedy of ROD?
If alien is not a former natural born citizen of the Philippines, the sale is null and void because it
violates the constitution.
Hypo: A, an alien not a former natural born citizen of the Philippines, acquired an urban land. He
posits the defense that the sale is valid because the prohibition in the constitution applies only to
agricultural lands. Is the defense valid?
Answer: No because there are only 3 types of lands according to the constitution, to wit:
agricultural, mineral and timber land. So an urban land is an agricultural land.
Hypo: A, Filipino, sold his land to B, a foreigner not a former natural born citizen of the Philippines.
Since the resulting contract is null and void, A filed an action recover his land. If you were the judge,
would you grant the same?
Answer: No because of principle of in pari delicto.
In Pari Delictio means both are equally guilty. Then, the law will leave them where they are. Courts
will not disturb their present situation. Seller cannot be required to return purchase price and buy
cannot be required to return the land.
Who may recover the land in such a case?
-the government in an escheat proceeding through the Solicitor General.
Hypo: A, an alien, applied for his naturalization. Before it was approved, B sold his land to A. Later
on, his naturalization was approved. Is the sale valid or not?
Answer: It depends. A may become owner of the land provided he becomes naturalized before
institution of escheat proceedings. If there is already an escheat proceeding before he was
naturalized, A cannot become the owner there of.
Hypo: A, Filipino, bought a land using the money of B, an alien. Is the sale valid?
Answer:
General Rule: Yes it is valid because A merely used the money of B and thus, the land was registered
under his name.
Exception: When A is being used as dummy of B- violation of Anti-Dummy Law. In this case, B is
actually the buyer.
May an alien corporation and foreign religious corporations acquire lands?
-No.
May the Roman Catholic Church own property in the Philippines?
-Yes because the Catholic Church has no nationality. It is a corporation sole. Catholic Church is
composed of the parishioners and the parish priest is merely the administrator. Catholic Church in
the Philippines consists mostly of Filipino parishioners. Therefore, RCC as a corporation sole is
authorized to own lands in the Philippines.
Corporation sole is a corporation that is represented by one stockholder.
Why is the owner’s duplicate COT a safeguard against fraud?
-because voluntary transaction procured by forging signature of owner cannot be registered
without the owner’s duplicate COT. Forged instruments covering VD cannot be registered. As long
as owner keeps his duplicate COT, no instrument covering VD can be registered.
(First case) Is there a case where more than one owner’s duplicate COT is issued to just one owner?
May a second duplicate COT be given to the owner?
-No.
(Second case) How about in co-ownership?
-Yes.
Note: Two cases above are different. In the first case, there is only one owner. Hence, one duplicate
COT may only be issued. In the second case, there is more than one owner. Hence, each owner shall
be issued a duplicate COT.
What is the requirement for registration if there are several co-owners?
-All copies of the co-owner’s duplicate COT must be presented.
Section 53, last par: In all cases of registration procured by fraud, the owner may pursue all
his legal and equitable remedies against the parties to such fraud without prejudice,
however, to the rights of any innocent holder for value of a certificate of title. After the entry
of the decree of registration on the original petition or application, any subsequent
registration procured by the presentation of a forged duplicate certificate of title, or a forged
deed or other instrument, shall be null and void.
Facts: Duran is the owner of a lands and went to US. B, her mother, executed a deed of
sale covering the lands of Duran in favour of her. She did this by forging the signature of
Duran. Before Duran left, she gave her owner’s duplicate COTs to B. She registered the
sale and consequently, COTs were issued under B’s name. B procured a loan and the
OCTs were used as mortgage. B failed to pay the loan so the mortgagee foreclosed the
property. There was a foreclosure sale and mortgagee acquired the property.
Issue:
Held:
Yes.
General Rule: Registration of forged deed is null and void and conveys no title to land.
This case is an exception but for the exception to apply, three requirements must be complied with,
to wit:
Note: This is the case where a forged deed may be a root of a valid title. The 3 requirements must be
complied with.
Rationale: Because it is through true owner’s negligence in entrusting her COT that paved way for
the commission of forgery. More than that, IPV has a better right because mirror doctrine is applied.
Maxim applicable in this case: As between two innocent persons, one of whom must suffer the
consequences of breach of trust, the one who made it possible, by his act of confidence, must bear
the loss.
Hypo: Supposing the COT was delivered by the true owner to B and B, in return, forged the
signature of A, the true owner, in a special power of attorney providing that he can sell and
mortgage the property of A. B sold the same to C. Is this another exception?
Answer: No because (a) it fails to comply with the second requirement such that the COT was still
under the name of A when it was sold to C and (b) C is not an IPFV because he was dealing with B
who does appears as agent.
According to SC, one who deals with an agent must inquire as to the authority of the agent and if no
inquiry is made, he is charged with the knowledge of the authority of the agent.
SPA is a voluntary instrument. Hence, it may be noted in the COT.
May agency be created verbally?
-Yes
What is the status of a sale made by an agent authorized verbally?
-Void because agency authorizing agent to SELL must be written
Sale made without authority?
-Unenforceable
INVOLUNTARY DEALINGS
What type of dealings is covered under Section 57?
-Involuntary dealings.
What is being conveyed under Section 57?
-conveyance of entire estate
Procedure for registration:
- pending approval of said plan, no further registration or annotation of any subsequent deed
or other voluntary instrument involving the unsegregated portion conveyed shall be
effected by the Register of Deeds, except where such unsegregated portion was purchased
from the Government or any of its instrumentalities.
Supposing the property is subject of mortgage and mortgage was noted in the COT. Later on,
mortgagor sold the property. What should be done?
-The mortgage shall be carried over in the new COT issued to the buyer.
Why?
-Because of Section 59.
Section 59. Carry over of encumbrances. If, at the time of any transfer, subsisting
encumbrances or annotations appear in the registration book, they shall be carried over and
stated in the new certificate or certificates; except so far as they may be simultaneously
released or discharged.
How should land be described in the deed so that it may be registered?
-the deed must establish the identity of the property.
Note: Best description is the technical description.
What if there is discrepancy between area and boundaries?
-the boundaries described shall prevail.
Exceptions of Rule in Double Sale:
a. If the land is a registered land but one of the sales is registered in the book for unregistered
land.
Section 113
Hypo: A, owner, sold his land to B. The land is an unregistered land. The sale took place on May 12,
2010 but it was not registered. A sold the same land to C on June 15, 2010 and the deed of sale was
registered on the same date. C has no notice of the sale between A and B. Who has a better right?
Answer: B because of Section 113.
Section 113 (b): It shall be understood that any recording made under this section shall be
without prejudice to a third party with a better right.
The sale between A and B is binding even if not registered. The title has already been transferred to
B. Before the sale between A and C, B was already the owner of the property. Hence, A cannot sell
the same and C cannot acquire the same (Spouses Abrigo v. De Vera).
Maxim: You cannot give what you do not have.
Note: This also applies if the second sale was an execution sale.
Hypo: A, owner, sold his land to B. The land is a registered land. The sale took place on May 12,
2010 but it was not registered. A sold the same land to C on June 15, 2010 and the deed of sale was
registered on the same date. C has no notice of the sale between A and B. Who has a better right?
Answer: C because Article 1544 shall apply.
INVOLUNTARY DEALINGS
What is an involuntary dealing?
-dealing that is done against the will of the owner.
Examples:
a. Lien or Levy on Execution
b. Lien on Real Tax
c. Condemnation Proceedings by virtue of eminent domain
c. Levy on Execution- issued after a final and executor judgment in order to satisfy the
judgment.
How is ID registered?
-Under Section 69, An attachment, or a copy of any writ, order or process issued by a court of
record, intended to create or preserve any lien, status, right, or attachment upon registered land,
shall be filed and registered in the Registry of Deeds for the province or city in which the land lies,
and, in addition to the particulars required in such papers for registration, shall contain a reference
to the number of the certificate of title to be affected and the registered owner or owners thereof,
and also if the attachment, order, process or lien is not claimed on all the land in any certificate of
title a description sufficiently accurate for identification of the land or interest intended to be
affected. A restraining order, injunction or mandamus issued by the court shall be entered and
registered on the certificate of title affected, free of charge.
What are the purposes of preliminary attachment?
a. Establishes a security for the satisfaction of judgment that may be rendered. So it’s like an
involuntary mortgage.
b. Creates a lien or encumbrance on the land.
Adverse Claim
1. It is a measure designed to protect the interest of a person over a piece of land where
registration of interest is not provided by law
2. It serves as a notice and warning to third parties dealing with property
Nature of adverse claim springs from Sec 51 where registration is the operative act that
coveys or affects the land for third persons
Adverse claim is not an established claim itself. It is merely a notice to third persons that
there is a claim adverse to registered owner
Ther eis still a need for judicial determination of the issue of ownership so filing of a case is
still required
Lis Pendens
If there is an action affecting the title of the land pending in court, a lis pendens can be
registered by the plaintiff to protect his interests
Lis pendens – announcement to the whole world that the property is in litigation and serves
as a warning that one who acquires interest over the property takes it as his own risk
Lis pendens is different from litis pendentia
Litis pendentia – ground for motion to dismiss as there is another pending case with the
same motion/cause/parties in another court
In lis pendens, there is no need to file a motion in court. The party can immediately file a
petition of notice of lis pendens in the Registered of Deeds (RD)
The followings actions affecting the land or the use or occupation or buildings would be:
1. Recovery of possession of real estate
2. Quite title
3. Remove cloud on title
4. Partition
5. Any other proceedings directly affecting title to land
Example of actions not directly affecting title of land:
1. Attachment or levies of execution
2. Proceedings for probate of wills
3. Administration of estate of a deceased
1. The plaintiff shall file a request in court for the issuance of a notice of lis pendens
a. A defendant can also file for a motion for notice of lis pendens if he has an
affirmative relief in his answer
2. The notice of lis pendens shall be filed to the RD where the RD
3. RD shall annotated on the back of the COT the notice of lis pendens
a. There is no need to annotate the notice on the ODCOT
1. Keep the subject matter of litigation within the power of the court until final judgment
2. Prevent the defeat of the final judgment due to subsequent alienations during the pendency
of the case
3. Serve as a notice to third person that the land is subject to litigation
4. Third person shall be given constructive notice and purchasers shall not be considered in
GF
Peña: Notice lis pendens is not a right or lien as it is only a contingency that depends on the
outcome of the proceeding
If there is an alienation pending the proceeding even though there is lis pendens, the
purchase can still acquire the property provided that the judgment is in favor of the
defendant (registered owner)
Effect when there is no lis pendens:
1. The judgment or proceeding to vacate or reverse any judgment shall only affect the
parties
2. It shall not affect third persons
Before judgement:
1. By court order:
After showing that the notice is for the purpose of molesting the adverse
party
It is not necessary to protect the rights of the party who cause the
registration of notice
2. By verified petition of party before the RD who caused the registration of the notice
After judgment in favor of defendant or other disposition as to terminate rights of plaintiff:
By registration of certificate of clerk of court stating the manner of disposal of the
proceeding
The plaintiff can appeal the cancellation of lis pendens
An adverse claim and lis pendens can exist concurrently
Not the same as reconstitution proceedings as that is Sec. 110 where the OCOT under
custody of RD is lost
Procedure in case there is lost or stolen ODCOT:
1. Notify RD by executing affidavit of loss or destruction of ODCOT
This shall be registered and annotated in Original Certificate of Title (OCOT)
Sent by the owner to RD
Filed as soon as loss or theft is discovered
2. Secure a certified true copy of OCOT showing the annotation
3. File a petition for replace of ODCOT in court
No publication requirement
Only posting of order and setting of date of hearing
It must be established the ODCOT was loss or stolen before court issue an order to the RD to
prepare a replacement copy of ODCOT
If the ODCOT is not actually lost or destroyed then the court hearing the petition for
replacement does not acquire jurisdiction
Any order issued by the court, such as order to issue replacement copy, shall be void
Ex: Mortgagor filed for petition for replacement even if the ODCOT is not actually lost and is
in the hands of the mortgagee. The court hearing the case does not acquire jurisdiction
However, even if the replacement copy of ODCOT issued by the court is void due to lack of
court jurisdiction, it is still considered as genuine copy
The replacement copy is legally void but as to form, it is considered genuine
It can be used in fraudulent transactions
Notice to OSG of petition for replacement is not required and not jurisdictional
Petition for amendment or alteration of certificates (108)
1. May order entry or cancellation of new certificate of title depending on ground alleged in
petition for amendment of COT
2. May order entry or cancellation of memorandum upon a certificate
Ex: Servient estate acquired property of dominant estate, the easement can be cancelled
on the back of COT by way of petition of amendment
3. Grant any order or relief upon terms and conditions as the court may deem proper
This is not the certificate issued for the first time but the COT under the custody of the RD.
Thus the COT here can either be an OCT or TCT
Procedure of reconstitution:
1. Judicial – RA 26 or Sec 110 of PD 1529
2. Administrative – RA 6732
Reconstitution – restoration of instrument, OCOT. Restoration of an instrument which is
supposed to be loss or destroyed in original form or condition
Purpose of reconstitution: to reproduce lost or destroyed OCOT after proper proceedings in
the same form and condition before the loss or destruction
Administrative Reconstitution
RA 6732 was enacted due to the fire of the RD in Quezon City in 1988 where many OCOT
were burned
Administrative reconstitution is extra-judicial
No petition filed in court. The petition is filed in LRA
The following conditions must concur before there is administrative reconstitution:
1. Substantial loss or destruction of OCOT due to (1) fire, (2) flood, or other force majeure
2. Number of OCOT loss or damages would be at least 10% of total number of OCOT in
possession of RD
3. Number of OCOT lost or damaged shall not be less than 500 OCOT
RA 6732 was given retroactive effect for 15 years until 1974
Source of administrative reconstitution is limited to ODCOT or CDCOT
Judicial reconstitution
Procedure:
1. The court, after receipt of petition for reconstitution, shall set date of hearing
2. Publish notice of initial hearing twice in successive issue of the official gazette
No requirement of publication of newspaper
3. Notice of initial hearing must be posted in main building of provincial, city or
municipal hall where land is situated
4. Notice of initial hearing must also be sent by registered mail to every person named
in the notice (such as occupants, adjoining owners)
1. OCT:
a. ODCOT
b. CDCOT, or mortgagee’s or lesee’s
c. Certified copy of COT
d. Authenticated copy of decree of registration or patent
e. Document showing that the property is mortgaged, leased or encumbered and that
the original had been registered
f. Any other document, based on judgment of court, proper basis of reconstitution
2. TCT:
a. Same grounds with an addition of: deed of transfer showing that original had been
registered
Publication twice in successive in OG is deemed mandatory jurisdiction requirement
LRA has no jurisdiction to declare that COT is sham or to order cancellation of title in
administrative reconstitution
Why? Power is lodge to the courts
LRA administrator does not exercise original and exclusive jurisdiction involving ownership
and possession of land
If the RD cannot produce the COT, then the RD can held criminally liable for violating RA
7613, Code of conduct and ethical standards for government officials and employees
Aggrieved party can send a letter to the RD to produce the OCOT and failure to do so within
15 days, there can be a criminal case filed
That OCOT must be a part of the public records and open for inspection
Just like in Sec 109, if the OCOT is not actually lost but is misplaced, then courts do no
acquire jurisdiction in reconstitution case
1. The land covered by the patent is an alienable and disposable public land
2. Maximum area is 12hc
3. Filipino citizenship
Under Constitution, private corporations no longer allowed to be grantees of public land
They can only lease up to 1000hc for 25yrs and renewable for 25yrs
1. CA 141
2. PD 27 (emancipation patents)
3. CARL
4. Homestead Act
1. Homestead patent
2. Free patent
3. Sales patent
4. Emancipation patent
5. Special patents – granted to non-Christian
6. RA 10023 – Grant of land patent for residential purposes
Homestead patent
Grantee must comply with requirements of the law like residency and cultivation
requirement
Qualified homesteader after complying conditions will be issued a homestead patent
The said homestead patent shall be the basis of the issuance of OCOT when presented to the
RD and after payment of fees
Under Homestead Law, maximum area is 24hc, but under the constitution, it is only 12hc
Free patents
No longer effective as period for filing application for free patent is already ended
Free patent – when land possession can be traced to predecessors (Mathay vs. CA)
Requirements for free patent:
1. Natural born Filipino citizen
2. Not the owner of more than 12hc of land
3. Resided in the land for at least 30 years prior to effectivity of amendatory act RA
6940
Land covered in free patent must be:
1. Agricultural public lands subject to disposition
2. Applicant paid real estate taxes
3. Not occupied by third persons
Sales patent – issued by the government covering a public agricultural land which is
alienable and disposable to the highest bidder at a public auction
Qualifications: Filipino citizen of legal age
Even if not of legal age, as long as head of the family
There shall be bidding in public auction
The highest bidder shall be issued the sales patent and shall be declared purchaser
Another section in CA 141 where public land may also be granted through sales patent
Chapter VIII, Sec 58-68 – Concessions of Public Land of CA 141
These land must be agricultural lands suitable to residential, commercial or industrial
purposes
Same qualifications and limitations shall apply
Without registration of patent, it shall only be binding between the government and the
grantee
It shall not be indefeasible and the land can be acquired by adverse possession or
prescription
The OCOT issued pursuant to the land patent partakes nature of COT issued in judicial
proceedings
Land covered must be a part of public domain which is alienable and disposable
If the land is already private, then patent issued is already null and void also
The Director of the LMB shall be the one issuing the patent in favor of the applicant
The OCOT issued, 1 year period after the issuance of the patent, shall become indefeasible,
incontrovertible and imprescriptible
This is in same application such as in ordinary land registration proceedings wherein 1 year
after issuance of decree of registration, the title shall now be indefeasible, incontrovertible
and imprescriptible
In homestead patent, the homesteader cannot sell or mortgage the land under the patent
within 5 years
If he alienates or encumbers within said period, the transaction is null and void as it is in
violation of the restriction
Purpose of the law – keep the property in the hands of the landless
The prohibition to alienate and encumber is mandatory and any land gained in violation of
this cannot be acquired by prescription or laches
Transferee in violation of homestead law cannot gain land by prescription even if 30 years
Prohibition covers conveyance in favor of children of descendants
If the homesteader alienates after the prohibition period of 5 years, he shall be granted the
right of redemption for 4 years from the date of alienation
If he mortgages the property and it is closed extra-judicially, then there is one year
redemption period
So therefore, if the homestead land is foreclosed in the mortgage, the homesteader has 1
year to redeem the property based on the Mortgage Law and afterwards, he has an
additional 5 years to redeem it again based on the Homestead Law