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LAND TITLES AND DEEDS E: represents the nature, extent, degree and quantity of the person’s

Atty. Jeffrey Jefferson Y. Coronel interest…


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> HISTORY:
William the conqueror - nomadic > KINDS OF ESTATE:
- introduce private land ownership 1. FREE HOLD ESTATE
Spanish Era a. fee simple - absolute estate in perpetuity (condition prior to
- jura regalia the award of the property to you)
b. fee tail - pass title from grantee to his heirs, the interest of
Exn: Carillo v. Insular - not all the property in the Philippines were the grantor being to keep the property the grantee’s line of issue
subject to the Spanish concept of jura regalia; hence, there are private (adapted from England)
properties that time c. Life estate - held for some duration of the life of the grantee
(e.g. a property will be usufruct to you while you are living)
Land Registration Act of 1902 2. LESS THAN FREEHOLD SYSTEM
a. estate for years
> Land Title - refers to upon which the ownership is based b. tenancy from period to period
c. Tenancy at will - where a person is permitted to occupy the
> KINDS of TITLE: land of another without any stipulation as to period, but wither party,
1. equitable - actual enjoyment/ use of property ( when use of the reserves the right to terminate the occupation at any time.
property is given by way of a contract of lease; tenant uses it but
owner retains ownership) NOTE: No one can convey a greater right than what he has
2. Legal Title
> DEED - A written instrument executed in accordance with law,
> Ownership v. Possession wherein a person grants or conveys to another certain land, tenements
O: or hereditaments.
P: may signify the outward evidence of title but not necessarily the title
itself (What is possession? It is the actual holding of a things and the Requirements:
enjoyment of the right) 1. Grantee
2. Grantor
> Title v. Color of Title 3. words of grant
T: 4. description of the property involved
C: resemblance or appearance of ownership but still falls short of title 5. Signature of the grantor
in the legal sense. 6. at least two witnesses
e.g. he possesses the property but he is not the registered owner 7. notarial acknowledgment

> Land Title v. Estate Note as regards to the laws applicable on real property: Article 16, CC

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Note: also Article 712, CC > TITLE REGISTRATION SYSTEM (Torrens System)
- the state provides a public record of the title itself upon which a
MODES OF ACQUISITION OF OWNERSHIP prospective purchaser or someone interested may rely
1. original - aims at presenting the prospective purchaser or mortgage the net
2. Derivative - transfer result of all the previous dealings with the property
- RECORDING - provides for the recording of deeds conveyance and
how is ownership acquired? OCCUPATION other instruments

Certificate of Land Ownership Award - DENR > SYSTEM OF REG:


Certificate of Ancestral Domain Title (RA 8371) - NCIP 1. Spanish (abolished and made to register under the Land
Registration Act)
article 1498, CC 2. Torrens

Article 1398, CC Note: the laws implementing land registration

Article 1403, CC PD 1529 Property Registration Decree

> Register of Deeds - issuing authority > LAND REGISTRATION - judicial or administrative proceeding
- this includes the registration of chattel mortgage whereby a person’s claim…
“in rem” - it binds the whole world, known or unknown
> Important Documents:
1. Deed of Conveyance PURPOSE:
2. Tax declaration 1. to issue a certificate of title shall be the best evidence of his
ownership of the land described therein (Lee Tek Sheng)
2. to give the registered owner peace of mind
CASE: DALION V. CA 3. to relive the land of unknown claims
- The provision of 1358, CC on the necessity of. Public document is 4. to quiet title to land and stop forever any question as to the legality
only for convenience, not for the validity or enforceability. It is not a of said title (Legarda v. Saleeby)
requirement for the validity of a contract of sale of a parcel of land 5. to avoid conflicts of title (Tiburcio v. PHHC)
that this be embodied in a public instrument. 6. to guarantee the integrity of land titles and to protect the
- who has jurisdiction for actions for specific performance? NOTE: indefeasibility of land titles (
RTC HAS JURISDICTION OVER ACTIONS INCAPABLE OF
PECUNIARY ESTIMATION (conferred by law) “registration does not vest ownership over a property, but may be the
- RTC (why?) all land registration cases are under the jurisdiction, best evidence thereof”
however if it is 100k below it can be delegated…
What happens if you register something that ought not to be
registered?
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NO LEGAL EFFECT “surplusage” 2. deed of conveyance is recorded to bind third persons
3. Registration of title
>TWO TYPES OF TORRENS:
1. Original certificate of title TORRENS SYSTEM - a system for registration…
2. Transfer Certificate of Title - developed by an Irish man (Robert Richard Torrens - from the
principles of registration and transfer of ships)
06. 30. 18. - introduced in the Philippines by Act 496, amended by the PD 1529
- note: sec. 14, the tests…
Purposes of Land Registration: 1. Whether the description of the land is definite and clear;
1. Lee Tek Sheng v. Ca - Placing a parcel of land under the mantle of 2. Applicant - undisputed possession
the Torrens System does not mean that ownership thereof can no 3. Rightfully entitled
longer be disputed. Ownership is different from a certificate of title. 4. no other claimants (“notorious”)
The TCT is only the best proof of ownership of a piece of land. - upon the passing of the tests, a certificate of title will be
- a certificate of title cannot be collaterally attacked; only the ownership issued.
can be subject to question CERTIFICATE OF TITLE - indefeasible
2. Republic v. CA, A and A Torrijos - is the reconstitution proper? NO.
Purpose: To give every registered owner complete peace of mind. PURPOSE:
(if you would allow the reconstitution of the title that is already 1. to avoid possible conflicts of title regarding real property.
existing, then the purpose of the Torrens system would be defeated 2. to facilitate transactions relative thereto by giving the public the
because there will be two titles) right to rely upon the face of Torrens certificate and to dispense
3. Roxas v. Enriquez - proceeding in rem (personal notice not a with the need of inquiring further except when the party concerned
requirement for registration) has actual knowledge of facts and circumstance that should imply
4. Legarda v. Saleeby - in cases of two certificates of title covering the a reasonably cautious man to make such further inquiry.
same land, the holder of the earlier title owns the land (check the 3. serve as constructive notice
date in lower left part of the title —— the date of the registration) 4. prevent fraudulent claims
5. Tiburcio v. PHHC - there are no annotations in the title. Hence, they
have no valid claim (petitioner) effects of the issuance of title:
6. Lacbayan v. Samoy - the certificate of title cannot be collaterally 1. the land is placed under the Torrens system
attacked, it is the TITLE itself 2. land is relived from all claims except those noted Thereon and
SO HOW TO ATTACK? article 148, NCC - with legal provided by law
impediment 3. Non-prescriptible
- violence against women and children (economic abuse) 4. the land become incontrovertible and indefeasible (the ownership
can be disputed)
5. not subject to a collateral attack (must be directly attacked)
> Stages of Development of the Legal System for Transferring Titles
1. Production and delivery of deed by grantor to grantee without “registration not equivalent to legal title”
registration
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7. Lu v. Manipon - Lu was a buyer in bad faith, hence, the sale is not
valid. Manipon has a better right to the property. Curtain Doctrine - "she is not required to go beyond the face of the title
Torrens System - you generate a system of recording of evidence in verifying the status of the subject property at the time of the
new title; the other title will be of title consummation of the sale and at the date of the sale.” (Nobleza v.
cancelled and a new one will be - mere annotation Nuega) === “oversearching"
issued - does not guarantee a title
- guarantees the title Insurance Principle - if a title is duly registered, it is guaranteed by the
- they will also have all the State. One can claim damages…
documents supporting the new
title Quiz: (07-07-18)
1. Which of the following is the most similar to transactions under the
8. Capitol Subdivisions Inc v. Province of Negros Occidental Torrens System? the reconveyance of ships
- the capital subdivision is a buyer in good faith 2. the main and distinct feature of the Torrens system is… the
- the best evidence of the consummation of the expropriation recording of muniments or evidences of Title
proceeding is with the Register of Deeds 3. Curtain Principle - the principle that one does not need to go
behind the Certificate of Title as it contains all the information about
“REGISTRATION” - Registration, as defined by Soler and Castillo, the title
means any entry made in the books of the registry, including both 4. Mirror Principle - a principle in land registration that states that the
registration in its ordinary and strict sense and cancellation, annotation, current status of ownership over property can be seen in the
and even marginal notes (Cheng v. Genato) Certificate of Title
exemption:
Republic v. Guerrero 1. Where a person is entering into a contract through someone
actual or constructive. Actual or positive fraud proceeds from an who is not the registered owner; and
intentional deception practiced by means of the misrepresentation or 2. When the party has actual knowledge of facts and
concealment of a material fact. Constructive fraud is construed as a circumstances that would impel a reasonable cautious man to
fraud because of its detrimental effect upon public interests and public make such impute or when the purchaser has knowledge of a
or private confidence, even though the act is not done with an actual defect or the lack of title in his vendor.
design to commit positive fraud or injury upon other persons.
5. Modes of Registering Title: Judicial (Court) and Administrative
Fraud may also be either extrinsic or intrinsic. Fraud is regarded as (CENRO/PENRO - then forwarded to the DENR)
intrinsic where the fraudulent acts pertain to an issue involved in the
original action, or where the acts constituting the fraud were or could Advantages of the system:
have been litigated therein. The fraud is extrinsic if it is employed to 1. it abolishes endless fees
deprive parties of their day in court and thus prevent them from 2. it eliminates repeated examinations of title
asserting their right to the property registered in 3. it reduces records enormously
the name of the applicant. 4. it instantly reveals ownership
5. it eliminates almost absolutely the possibility of fraud
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1. Judicial proceedings for the registration of lands throughout the
agencies implementing the registration of the Torrens system Philippines shall be in rem and shall be based on the generally
1. court accepted principles underlying the Torrens System.
2. DENR RTC - the venue to file the registration
3. DOJ through the land Registration Authority and its Register of - jurisdiction is plenary
Deeds - Which RTC? where the property is located
4. Department of Land Reform - how about a land in Samal? where to register? in RTC Panabo, as
5. Department of Agriculture provided by law
2. LAND REGISTRATION AUTHORITY- agency of the government
Q: Cesar bought a condominium and paid the full price in full. He was charged with the execution of laws relative to the registration of lands
not given title thereto. Thereafter, the condominium company mortgage and under the executive supervision of DOJ (Renato Bermejo)
the said condominium to the Metrobank, then, they defaulted - the 3. REGISTER OF DEEDS - the public repository of records of
Bank won as the highest bidder. instruments affecting registered or unregistered lands and chattel
Cesar sought to annul the foreclosure sale insofar as his unit was mortgages in the province or city wherein such office is located (SEC.
included. Metrobank states that the title given by the High Rise Co. is 10)
clean.
Are they a mortgagee and purchaser in good faith? Is their defense Case: Ricardo Cheng v. Genato
tenable? - is Cheng a buyer in bad faith? YES, Cheng knew that Genato has a
A: NO. The bank is expected as a standard operation procedure to previous arrangement with the Sps. Jose. They saw each other at
have an ocular inspection. There are occupants who have rights and the Register of Deeds.
interests over the said condominium which should be respected. - What is the effect of bad faith on Cheng? THE CONTRACT IS
VOID.

______________________________________________ BARANDA V. GUSTILLO - what is the nature of the work of the


Register of Deeds? It is not proper for the Register of Deeds to file for
REGALIAN DOCTRINE a motion on reconsideration, because, its work is purely ministerial…
Imperium - the government authority possessed by the state which is In case of doubt in the registration of land, they should confer the
appropriately embraced in the concept of sovereignty; question to the LRA.
Dominium - capacity to acquire property
(Lee Hong Kok v. David) ALMIROL V. REGISTER OF DEEDS OF AGUSAN
- will the Register of Deeds register the said property?
WHAT IS AN EXEMPTION TO THE THEORY OF JURA REGALIA? - NOTE: the disputed property here is a conjugal property; the wife
- native title (“Regalian theory does not negate native title to lands died prior to the sale without the properties being liquidated
held in private ownership since time immemorial, adverting to the - ROD denied registration.
landmark case of Cariño v. Insular Government”) - Almirol filed a mandamus against ROD.

07.21.18. Quiz:
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WHAT IF YOU HAVE A PROPERTY IN MAKATI? and you sold it to
Modes of Acquiring Property: one in Cebu, IS THERE A NEED THAT THE DEED OF SALE BE
1.Title by public grant – conveyance of public land by EXECUTED IN MAKATI?
NO! As long as the parties are both in the presence of the notary
government to a private individual

public… (Okay lang kahit sa Davao)
2.Title by acquisitive prescription – open, continuous,
exclusive, notorious possession of a property 3.Title by
accretion – alluvion
 READ BP 29, sec. 24
4.Title by reclamation – filling of submerged land by deliberate
act and reclaiming title thereto; government
 LAND REGISTRATION AUTHORITY
5.Title by voluntary transfer – private grant; voluntary execution
of deed of conveyance
 FUNCTIONS OF THE COMMISSIONER:
6.Title by involuntary alienation – no consent from owner of 1. Issue decrees of registration
land; forcible acquisition by state 2. resolve cases elevated en consulta (appellate)
7.Title by descent or devise – hereditary succession to the 3. Verify and approve subdivision
estate of deceased owner 4. Implement all orders, decision, and decrees
8.Title by emancipation patent or grant – for purpose of 5. act as clerk of court in land registration proceedings
ameliorating sad plight of tenant-farmers; not transferable
REGISTER OF DEEDS -
except by hereditary succession
————————————————————
- he should have requested an extrajudicial settlement to perfect the 08.04.18.
registration of the land in the name of the heirs (note: the ownership
of the land is automatically transferred to the heirs upon the death) I. by public grant - until intestate estate of don Mariano v san pedro

INSTANCES WHEN THE ROD CAN DENY THE REGISTRATION: II. by acquisitive prescription
1. when the documents is not verified and notarized; - prescription - possessor of land who may not be the owner,
2. where the voluntary instruments bears in its face infirmity; after the lapse of a certain period, but may acquire the same…
3. Where there is more than 1 copy of the owner’s duplicate a. extinctive
certificate of title and not all such copies are presented to the b. Acquisitive
Register of Deeds;
4. Where the validity of the instrument sought to be registered is in
- CA 141, SEC. 48 - OCEN possession
issue in pending court suit. (Balbin v. Register of Deeds)
PRESCRIPTION LACHES
*NOTARIZATION

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may be either acquisitive or always extinctive >> CHAVEZ V. PEA AND AMARI - the submerged lands cannot be
extinctive subjected in to MOA that such will be automatically registered under
the name of Amari.
Gaano katagal ang delay? Bakit nagkadelay?
V. Voluntary transfer
a question of time a question of equity in permitting the
claim to be enforced a. onerous
b. Gratuitous

PRESCRIPTION WILL NOT LIE AGAINST… VI. Involuntary Alienation


1. when covered by a Torrens title; a. by the government: eminent domain; escheat; tax sale to satisfy
2. Inalienable public lands; unpaid taxes
3. co-ownership - with respect to co-owners (there should be b. by private individuals: execution of sale
repudiation) = this also applies with express trusts; what is pactum commissorium?
4. Action for quieting of title (as long as you are in occupation) c. cadastral proceedings (kinds of original registration)
- initiated by the government, to adjudicate ownership of land

III. ACCRETION - when soil and earth, weeds and other deposits are VII. BY DESCENT OR DEVISE -
washed away from other places and gradually settle down and attach by decscent, title may be acquired by virtue of hereditary succession to
themselves to one’s land that used to border on a stream or local body the estate of the deceased owner and requires a certain degree of
of water (Quiz) relationship; (transfer of land by testate or intestate succession; by
descent means an heir succeeds the decease owner in intestacy by
* Registration does not protect the riparian owner against diminution of reason of certain relationship which entitles him to succeed by
land through accretion. operation of law.)
* Requisites:
1. that the deposition of soil or sediment be gradual and by devise, succession need not be in favor of a relative. Even a
imperceptible; stranger may acquire title if appropriate disposition has been made in
2. that it be the result of the action of the waters of the rivers; his favor by the testator in the lathers will. (means a person, not a
3. that the land where accretion takes place is adjacent to the relative to the owner, acquires the land when he is named in his last
banks of rivers (New Regent Sources, Inc. v. Tanjuatco) will and testament)

IV. RECLAMATION - suggests the filling of submerged land by VIII. BY EMANCIPATION GRANT OR PATENT
deliberate act and reclaiming title thereto; however, in the Philippines, RA 27 - corn
only in the government can assert the title to reclaimed land RA 6657 - CARL (encompassing)
Q: Queensland being reclaimed by Adarna; is he allowed?
A: Only the government is allowed, thru the Public Reclamation
Authority Who cannot acquire public lands? CORPORATIONS

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QUIZ: 08.11.18. Section 14. Who may apply. The following persons may file in
1. The 1987 Constitution of the Philippines, the supreme law of the the proper Court of First Instance an application for
Philippines stipulates that lands of the public domain are classified
registration of title to land, whether personally or through their
into: agricultural, forest, mineral, national parks
duly authorized representatives:
2. True or false. a corporation sole or a juridical person is disqualified
to acquire or hold alienable lands of the public domain, like the two (1) Those who by themselves or through their predecessors-in-
lots in question, because of the constitutional prohibition already interest have been in open, continuous, exclusive and
mentioned and because the said church is not entitled to avail itself notorious possession and occupation of alienable and
of the benefits of section 48 (b) which applies only to Filipino disposable lands of the public domain under a bona fide claim
citizens or natural persons. TRUE of ownership since June 12, 1945, or earlier.
3. True or False. It is elementary in the (2) Those who have acquired ownership of private lands by
prescription under the provision of existing laws.
CA 141 - ADMINISTRATIVE IN NATURE - limit up to 12 hectares (3) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under
the existing laws.
GOOD FAITH - Civil code definition (4) Those who have acquired ownership of land in any other
JUST TITLE - civil Code definition
manner provided for by law.
Possession

What must an applicant prove?


1. That the land applied for has been declassified and is a public
agricultural land… 2. Identity of Land
- if the land is not alienable and disposable, even if registered,
- survey plan in general
the registration is void.
- Tracing cloth plan and blue print copies of plan in application for
HOW IS THE REQUISITE SATISFIED? The applicant must judicial confirmation of titles, the submission of original tracing of
present a certification and report from the DENR-CENRO stating that cloth plan of the land approved by the Director of Lands is a
the land is alienable and disposable (REPUBLIC V. RIZALVO) … that the statutory requirement of Mandatory character (director of lands v
land has been declassified (note: when declassified?) Reyes)
other specific evidence: Statutory requirement cannot be waived either expressly of
1. President proclamation impliedly (director of lands v heirs of tesalona)
2. executive order
3. Administrative order issued by the Secretary of DENR
- Technical description of the land
4. Bureau of Forest Development Land Classification Map
- tax declarations
5. Certification by Director of Forestry
- Boundaries and area
6. Investigation reports of Bureau of Land investigators
7. Legislative act or by statute 3. Possession and occupation of the applicant
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tax declarations - 1. a substantial change in the boundaries;
2. an increase in area of the land applied for;
WHY JUNE 12, 1945 - 3. which involve the inclusion of an additional land…
Shall be subject to the same requirements of publication and notice as
Question about Erich… in an original application… (without this, the court will not have
jurisdiction) - Benin v Tuason

PROOF OF PRIVATE OWNERSHIP: Sec 25


1. Spanish title, in pending cases (sec. 3, titulo propriedad - note the *Oppositor to an application need not be named in the notice of initial
6 months from the effectivity of the PD) hearing
2. President issuances and legislative acts - fee simple Who can be oppositors? (CP)
3. other kinds of proof 1.
testimonial evidence 2.
*pacte de retro - right of repurchase
Question of Bogey: answer (D) the Court will grant the motion and
Persons: require Bogey to present evidence
1. vendor a retro
2. Trustee What is the remedy of a defaulted oppositor? (CP)
- amend the petition
RA 9176

___________________________ 08. 25. 18 HEARING:

JUDICIAL CONFIRMATION Section 27. Speedy hearing; reference to a referee. The trial court
Sec. 15 - requirements (take note) shall see to it that all registration-proceedings are
disposed or within ninety days from the date the case is submitted for
Sec 22 decision,
TYPES OF ACTION: The Court, if it deems necessary, may refer the case or any part
1. ACTION IN REM - cadastral proceedings “to whom it may concern” thereof to a referee who shall hear the parties and their evidence, and
2. ACTION IN PERSONAM - Ching v. CA the referee shall submit his report thereon to the Court within fifteen
days after the termination of such hearing. Hearing before a referee
Sec 23 may be held at any convenient place within the province or city as may
PURPOSE OF PUBLICATION: be fixed by him and after reasonable notice thereof shall have been
1. To confer jurisdiction over the land applied for upon the court; served the parties concerned. The court may render judgment in
2. to charge the whole world with knowledge of the application of the accordance with the report as though the facts have been found by the
land involved judge himself: Provided, however, that the court may in its discretion
what about republication? Amendments which shall consists in:
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accept the report, or set it aside in whole or in part, or order the case to Q: Is a condominium unit a land? NO. It is a share of stock in a
be recommitted for further proceedings: condominium corporation. There is no title thereto, only a certificate.

Sec. 27 - usually referees are geodetic engineers

who can acquire land?


1. filipino citizens
2. Filipino associations and corporations
3. Aliens, in cases of hereditary successions
EXN:
1. Acquisition prior to 1935 constitution
2. Purchase by formal natural born Filipinos who acquired foreign
citizenship and granted dual citizenship can purchase up to 1,000
(now 5,000) square meters of residential land and 1 hectare of
agricultural and farm land.

INDIVIDUAL APPLICANTS - only Filipino individuals


Exn: note: Foreigners can own up to 40% of a condominium project

Section 3, Article 12, 1987 Constitution


- agricultural lands of the public domain may be further classified by
law according to the uses to which they may be devoted. (e.g.
CARL)

kind of land Filipino citizens 60% filipino owned


corporations

Private lands NO NO

Section 7, Article 12, 1987 Constitution


Save in cases of hereditary succession…

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