V.

Concept of Torrens System of Registration

In Bishop v Hon CA the court held that It is an elementary principle that the owner of a
land registered under the Torrens system cannot lose it by prescription. As the Court
observed in the early case Legarda v. Saleeby: The real purpose of the Torrens system
of land registration is to quite title to land; to put a stop forever to any question of the
legality of the title, except claims which were noted at the time of registration in the
certificate, or which may arise subsequent thereto. That being the purpose of the law, it
would seem that once the title was registered, the owner may rest secure, without the
necessity of waiting in the portals of the court, or sitting in the "mirador de su casa," to
avoid the possibility of losing his land.

VI. Principles of Torrens System

The mirror principle – the Certificate of Title reflects (mirrors) accurately and completely
the current facts about a person’s title. This means that, if a person sells an estate, the
new title has to be identical to the old one in terms of description of lands, except for the
owner’s name. (Contains all info or transactions in it)

The curtain principle – one does not need to go behind the Certificate of Title as it
contains all the information about the title. This means that ownership need not be
proved by long complicated documents that are kept by the owner, as in the ‘old’
system under the Registration of Deeds Act. All of the necessary information regarding
ownership is on the Certificate of Title.

The insurance principle – provides for compensation of loss if there are errors made by
the Land Titles Registry.

VII. Nature of Registration Proceedings (PD 1529)

In Augusto v Risos the court held that Section 2, PD 1529 (Property Registration
Decree) the jurisdiction of the Regional Trial Court, sitting as a land registration court, is
no longer as circumscribed as it was under Act No. 496, the former land registration
law. We said that the Decree has eliminated the distinction between the general
jurisdiction vested in the regional trial court and the limited jurisdiction conferred upon it
by the former law when acting merely as a cadastral court. The amendment was
[a]imed at avoiding multiplicity of suits, the change has simplified registration
proceedings by conferring upon the required trial courts the authority to act not only on
applications for original registration but also over all petitions filed after original
registration of title, with power to hear and determine all questions arising from such
applications or petitions. At any rate, we have also stated that the limited jurisdiction-
rule governing land registration courts is subject to recognized exceptions, to wit, (1)
where the parties mutually agreed or have acquiesced in submitting controversial issues
for determination; (2) where they have been given full opportunity to present their
evidence; and (3) where the court has considered the evidence already of record and is
convinced that the same is sufficient for rendering a decision upon such controversial
issues.

VIII. Manner of registration

a. Judicial proceeding – available when the party was in open, continuous,

exclusive and notorious or adverse position of the land (AD) for 30 years or more. When
proven, the court issued court decree that will be registered into the registered of deeds
so that it will issue the certificate of title.

1. Voluntary – the party voluntarily comes to court to register the land

(AD).
Basis:
Para1, Sec14, PD1529 provides that those who by themselves or through
their predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of alienable and disposable lands of the public domain
under a bona fide claim of ownership since June 12, 1945, or earlier;

Para b, Sec48, CA141 provides that those who by themselves or

through their predecessors in interest have been in open, continuous,
exclusive, and notorious possession and occupation of agricultural lands of
the public domain, under a bona fide claim of acquisition or ownership, for at
least thirty years immediately preceding the filing of the application for
confirmation of title except when prevented by war or force majeure. These
shall be conclusively presumed to have performed all the conditions essential
to a Government grant and shall be entitled to a certificate of title under the
provisions of this chapter.

2. Compulsory – Government will cause the action for survey and

petition the court to register the land (AD).