Chapter 5. - Subsequent Registration 3.

He ​surrendered or presented ​the ​OCT

4. He​ paid the full amount​​ of the registration fee
“Subsequent registration” ​- registration of any document
Reason: ​What is left to be done is the duty bound to be
affecting the land pursuant to a voluntary or involuntary
performed by the RD that is to issue new title or annotate a
dealing that was done after the original registration of the
memorandum of such document on the Certificate of Title
title of the land has been made
(Garcia v. CA)
“Voluntary dealings” - any action taken affecting the land
MORTGAGES
with the consent of the parties
“Real Estate Mortgage or REM” - is a document executed
“Involuntary dealings” - any action taken affecting the
pursuant to a mortgage agreement involving real estate
land without the consent or even against the will of the
- It is an accessory contract that guarantees to the
other party
creditor the fulfillment of the principal obligation
at the time stipulated
Voluntary Document v. Involuntary Document
How to register REM​​:
Voluntary Document Involuntary Document 1. REM must first be ​notarized
2. Duly notarized REM together with OCT shall be
As to Consent of the Parties filed with the RD
3. RD enters in the Original and Owner’s Certificate
There is an agreement and There is no consent or of Title, a ​memorandum ​regarding the mortgage
consent of parties even against the will of deed
registered owner
*Registration of REM binds third persons.
As to requirement in registering said document
“Foreclosure” - process by which the mortgagee acquires
It is necessary to present It is not necessary to an absolute title as a highest bidder, to the property which
to the RD the notarized present teh OCT he had previously a lien due to the failure or default of the
deeds and OCT debtor in paying his obligation

As to time the document is considered registered Remedies of the mortgagee in case the mortgagor
defaults in payment​​:
The recording in the Day Recording in the Day Book 1. Foreclose the mortgage
Book is not considered amounts to registration 2. File an ordinary action to collect debt
registration if the OCT is even if the OCT is not
not surrendered surrendered Prescriptive period to enforce right under the
mortgage
Effect if document has effect of divesting ownership
- Action must be brought within 10 years from the
time the right of action accrues, or from default in
Once filed for registration, may have the effect of
payment of the loan amortization
cancelling the existing title and replace it with a new
- Demand is necessary to make the obligation due
title
and demandable
Effect if it does not divest ownership
Judicial Foreclosure v. Extrajudicial Foreclosure
To bind third party, VD has To bind third party, entry
to be entered in the in the primary entry book Judicial Foreclosure Extrajudicial Foreclosure
primary entry book and is enough but may still be
annotated at the back of annotated at the back of When availed
title title
Judgment for the sum Availed of only if a provision
due shall be paid within is inserted in or attached to
When VD may be also considered registered even if it
a period of not less than the REM, a special power of
is registered only in the Primary Entry Book and not
90 days nor more than attorney conferring upon
annotated in the certificate of title; requisites:
120 days from the entry the mortgagee the power to
1. The innocent purchaser for value has ​presented
of judgment. ​In the sell the mortgaged property
and filed​​ the ​notarized deed of sale
default of such at public auction in the
2. The same was ​entered ​in the​ Day Book
 *Deed of Sale is ​not absolute​​ because there is still a right
payment​​, the property event of foreclosure
shall be sold at public of redemption
auction to satisfy the
judgment To be a purchaser in good faith, he must determine​​:
1. Authenticity of the SPA
As to Right of Redemption 2. The person in the SPA is the one authorized

Not applicable. Applicable.

Except​​: for banking and
financial institutions
Equity of Redemption
may be availed​​ - right of
mortgagor to redeem the
mortgaged property
from the time of order of
foreclosure ​until
confirmation of sale
INVOLUNTARY DEALINGS
May be availed ​within one - transactions affecting registered lands in which
year​​ from registration of the cooperation of the registered owner is not
Certificate of Sale needed or even against his will
General Rule​​: the involuntary document is registered the
moment it is entered in the primary book or day book.
Exception​​: in one case where registration fee were not
paid because the cashier of RD left early

Waiver of Redemption Kinds of Involuntary Documents​​:

Not allowed
Procedure for Judicial Foreclosure
1. Filing of the complaint for foreclosure of mortgage
2. Answer
3. Hearing to ascertain the amount due to the
plaintiff
4. Judgment
5. Payment of judgment amount
6. Order of foreclosure sale
7. Issuance of the certificate of sale
8. Hearing for the confirmation of sale
9. Issuance of the Order by the court confirming the
sale and its registration
10. Redemption
11. Execution of the Final or Absolute Deed of Sale
12. Registration of the Final or Absolute Deed of Sale
13. Issuance of the new Certificate of Title to the
Purchaser
Procedure for Extrajudicial Foreclosure
1. File for foreclosure of mortgage with RTC where
the land is situated through the Clerk of Court
acting as the ex officio Sheriff.
2. Clerk of Court dockets and returns to examine the
application for Extra-Judicial foreclosure, after
receiving the Filing Fee
3. Publication of Notice of Auction Sale in 3
conspicuous places
4. Raffle of the application among the Sheriff
5. Actual auction sale
6. Sheriff records the bidding
7. Sheriff issues the certificate of Sale to the highest
Bidder
8. Mortgagee executes the deed of Sale.
1. Attachment
2. Adverse Claim
3. Notice of ​Lis pendens
Attachment
- A legal process of seizing another’s property in
accordance Legal process of seizing another’s
property in accordance with the writ or judicial
order for the purpose of securing satisfaction of
judgment yet to be rendered.
When considered registered ​- upon entry in the Day
Book ​(DBP vs. ROD of Nueva Ecija)
If not registered​: ​knowledge ​after the levy is equivalent to
registration
Adverse claim
Purposes​:
a. To apprise a third person that there is a
controversy over the ownership of the land
b. To protect the right of the adverse claimant during
the pendency of the controversy
​Nature of the claim to qualify as adverse claim:
1. Claim must be adverse to the registered owner
2. Claim should arise subsequent to the original
registration
3. Claim is last resort
Validity of adverse claim ​- 30 days from registration but
remains valid, effective and binding even after 30 days if
not cancelled
Notice of ​lis pendens
Purposes​:
1. To protect the rights of the party causing the
registration of the ​lis pendens
2. To advise third persons who purchase or contract
on the subject property that they do so at their
peril and subject to the result of the pending
litigation
Chapter 7. - Assurance Fund
SECTION 93. Contribution to Assurance Fund
Source of Assurance Fund
- One-fourth (¼) of the assessed value of the real
estate on the basis of the last assessment for
taxation purposes
- If the land has not been assessed​: by the sworn
declaration of two disinterested persons
- Paid to the Registry of Deeds on the following
transactions: RBS
1. Every entry of a certificate in the name of
the ​registered owner
2. Entry upon the original registration on
the certificate of title of a ​building or
other improvements ​on the land
covered by said certificate
3. Entry of a certificate pursuant to any
subsequent transfer ​of registered land
PNB v. CA & Chu Kim Kit
The remedy of the persons prejudiced is to bring an action
for damages against those who caused the fraud, and if the
latter are insolvent, an action against the Treasurer of the
Philippines may be filed for recovery of damages against
the Assurance Fund.
Requisites to file an action against the Assurance
Fund​​: ECS-NBP
1. There must be an ​e​rror, omission, mistake or
misdescription ​on the part of the employee of the
Register of Deeds engaged in the performance of
his duties and/or other persons who committed
frauds or other illegal acts
2. The mistake, omission or misdeclaration
committed in the ​c​ertificate of title ​or in any
entry or memorandum in the ​registration book
3. The person ​s​ustains loss or damage​​, or is
deprived of land or any estate or interest
therein in consequence of the bringing of the land
under the operation of the Torrens system of
arising after original registration of land
4. No ​n​egligence​​ is attributable to the claimant
5. The claimant under the provision of Land
Registration Law is ​b​arred from bringing an
action to recover the land or interest therein or
from obtaining compensation ​from the person
responsible for the damage
6. The action to recover from the Assurance Fund
has​ not ​p​rescribed
SECTION 96. Against Whom Action Filed
1. Register of Deeds and the National Treasurer -
if the fault or negligence is caused by the court
personnel or employees of the Register of Deeds
2. Register of Deeds​​, the ​National Treasurer ​and
person or persons other than the court or RD
personnel ​- if fault, fraud or negligence is
committed by the person other than the court or
RD personnel
SECTION 97. Judgment, How Satisfied
If there are defendants other than the National Treasurer
and the Register of Deeds​: the execution shall first issue
against such defendants other than the National
Treasurer and the Register of Deeds
If the execution is returned unsatisfied in whole or in part​:
only then shall the court order the amount of the execution
and costs, or so much thereof as remains unpaid, to be paid
by the National Treasurer out of the ​Assurance Fund
SECTION 102. Limitation of Action
- Must be instituted within a period of ​six years
from the time the right to bring such action first
occurred
If at the time such right of action first accrued, the person
entitled to bring such action was a ​minor or ​insane or
imprisoned​​, or otherwise ​under legal disability​:​ such
person or anyone claiming from, by or under hims, may
bring the proper action at any time ​within two years
after such disability has been removed​​,
notwithstanding the expiration of the original period of six
years first above provided
Chapter 8. -Registration of Patents
Purpose of Grant
- To provide homes and decent living for the
destitutes
When title becomes indefeasible
- After one year​​ from issuance of Patent
Kinds of public land patents​​: HFSS
1. Homestead Patent
2. Free Patent
3. Sale Patent
4. Special Patent
HOMESTEAD PATENT
How acquired:
- May be granted to a qualified applicant who is a
citizen of the Philippines over the age of 18 or the
head of the family who: 12-CRoP
a. does not own ​12 hectares of land in the
Philippines or has not had the benefit of
any gratuitous allotment of more than 12
hectares since the occupation of the
Philippine sby the United States;
b. have ​c​ultivated ​and improved ​at least ⅕
of the land continuously from the
approval of the application;
c. have ​r​esided ​continuously for ​at least
o​​ne year in the municipality in which the
land is located, or in the adjacent
municipality; and
d. must have ​p​aid ​the required fee.
Procedure on chronological order: F-PC-N-SHP
1. F​​iling ​with the application with the LMB
2. Upon approval​: LMB shall authorize the applicant
to take ​p​ossession
3. Within six months from approval​: the applicant
must begin to ​c​ultivate ​at least ⅕ of the land
4. Give ​n​otice to the public of applicant’s intention
to submit final proof
5. LMB order the ​s​urvey and plan ​be prepared
6. LMB prepares the ​H​omestead Patent
7. Certified true copy of the ​p​atent ​is sent to the RD
of the province for registration and OCT is entered
and Owner’s Duplicate Certificate is issued to the
patentee
Restrictions to Homestead: EDA
1. Lands acquired under homestead shall not be
subject to ​encumbrance ​or alienation from the
date of the approval of the application and for a
term of five years
2. Nor shall the lands become liable to the
satisfaction of any ​debt ​contracted prior to the
expiration of the five-year period
3. No alienation, transfer, conveyance of any
homestead after five years and before 25 years
after issuance of title shall be valid without the
approval ​of the Secretary of Agriculture and
Natural Resources, which approval shall not be
denied ​except​​ on:
a. Constitutional grounds
b. Legal grounds
Raffanan v. Abel​ and ​Flores, et al. v. Plasina
Failure to secure approval from Secretary of Agriculture
(now DENR), does not render the sale null and void. Such
approval may be secured at anytime in the future.
Right to Repurchase
- By the ​applicant​​, his ​widow​​, or l​ egal heirs
- Within a period of five years from the ​date of the
conveyance
Ferrer v. Mangente
The wife and the legal heirs will only have the right to
repurchase once the patentee-vendor had died.
Right to Repurchase when Homestead/Free Patent subject
to Mortgage
- Redemption period of ​one year ​in extrajudicial
foreclosure sale ​from the date of the
registration of the Certificate of Sale
- The ​five-year period ​of redemption under
homestead/free patent is counted ​from the day
after the expiration of the one-year period to
repurchase allowed in extrajudicial foreclosure
Instances when the right to repurchase is disallowed: MIA
1. Conveyance made ​to an immediate ​m​ember of
the family ​of homesteader and his direct
descendant and heir
2. If the ​i​ntention ​in exercising the right to
repurchase is ​not for the purpose of preserving
the land within the family circle
3. Where the land is ​no longer used for ​a​griculture
purpose
Private person cannot question the land grant
- The legality of the grant is a question between the
grantee and the government ​(Maninang v.
Consolacion)
FREE PATENT
- Covers only applications pertaining to untitled
public alienable and disposable lands zoned as
residential
- Act 10023 removed the restrictions on alienation
of land within the five year period
- Removed the right to repurchase
Qualifications for applicants: FAT12
1. Filipino citizen ​of the Philippines under Article
IV, Section 1 of the 1987 Constitution
2. Actual occupation, actual residence and
continuous possession and occupation ​of the
parcel subject of the application for ​at least 10
years​​ prior to the filing of the application
3. Total landholding ​of the applicant must ​not be
more than 12 hectares ​including agricultural
lands
SALES PATENT
- Land applied for is ​sold at public auction
- Awarded to the highest bidder
- Paid in full or in not more than 10 equal annual
installments from the date of the award
- Applicant must have cultivated at least ⅕ of the
land within 5 years from the date of the award and
must have occupied the land until the date of the
final payment
SPECIAL PATENT
- Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered
by a reservation or lands of the public domain
- Issued to the government agencies pursuant to
special laws, proclamations and executive orders
Chapter 9. - Certificate of Land Transfer, Emancipation
Patent, Affidavit of Non-Tenancy
Basic Concept of PD No. 27
- The landowner may retain an area of ​not more
than seven hectares if such landowner is
cultivating such area or will now cultivate it.
Retention Limits
- The landowner may retain the are ​not exceeding
five hectares
- Three hectares may be awarded to each child of
the landowner subject to the following
qualifications:
a. That he is ​at least 15 years of age
b. That he is ​actually tilling the land or
directly managing ​the farm
Qualifications of farmer beneficiaries under CARP​​:
FLAW
1. Filipino citizen
2. Landless
3. Actual occupant/tiller who is at least 15 years of
age or head of the family at the time of filing of
application
4. Has the willingness, ability and aptitude to
cultivate and make the land productive
Chapter 10. - Petitions and Actions after Original
Registration
RECONSTITUTION OF LOST OR DAMAGED TITLE
- Process wherein the alleged lost or destroyed
certificate of title is restored or replaced by
reissuing a new one with the same form and
condition with lost or destroyed certificate with a
memorandum in the reconstituted title that it
is issued in place of the lost or destroyed
certificate of title
- No erasure, alteration or amendment shall be
made
Administrative reconstitution
- Of the original certificate of title in the possession
of the Register of Deeds
- May be availed of only in case of ​substantial loss
or ​destruction ​of title due to ​fire, flood or other
force majeure,​ subject further to the following
conditions:
1. The number of certificates lost or
damaged should be a​t least 10% of the
total number​​ in the possession of RD
2. In ​no ​case shall the number of certificates
of titles lost or damaged be ​less than 500
Procedure for replacement​​: NP-SHNI
1. Send ​notice ​of loss or destruction under oath to
the Register of Deeds
2. File a verified ​petition ​in court
3. Court may ​set ​the ​hearing o ​ f petition
4. Court shall give ​notice ​of the hearing to RD and
interested parties
5. Court may direct ​issuance ​of new duplicate
certificate
*RD is not allowed to reconstitute the lost or destroyed
title ​motu proprio​. The registered owner or his assign must
file a petition for reconstruction.
Sources to support reconstitution:​​ C​2​​ ​D​2​​ ​O​2​
1. Owner’s ​duplicate fo the certificate of title
2. Co-owner’s ​duplicate of the certificate of title
3. A certified ​copy ​of the certificate of title
4. Authenticated copy of the degree ​of registration
or patent
5. Document ​on file in the RD showing that its
original had been registered
6. Any ​other ​document sufficient and proper
Chapter 13. - Dealings with Unregistered Lands
- Must be registered in the ​Primary Entry Book
then ​Registration Book
Binding effect of registration of instrument
- Binds the third person
- Recording is without prejudice to a third party
with a “better right”
“Better right” in case of untitled land
- First who bought the land regardless of
registration
 Chapter 15. - Consultas

- Appeal to LRA

When can be availed of​​:

1. Where the RD is in doubt as to the proper action
to be taken - RD may file consulta
2. When the RD denies the registration of an
instrument - aggrieved party may file consulta

Procedure​​:
1. Appeal by Consulta shall be filed directly with the
RD concerned
2. RD shall certify all documents and titles involving
the subject of the Consulta and forward them to
the LRA
3. The Clerk of Court Division shall docket the same
and forward it to the Law Division for hearing and
resolution.
4. The hearing officer of the Law Division shall set
the Consulta for hearing
5. Parties shall require the submission of
memorandum and/or supporting documents on
or before the date of hearing
6. Within 10 days from termination of the hearing​:
the hearing officer shall submit a draft resolution
to the Chief, Law Division
7. The draft of resolution and records of the Consulta
shall be forwarded to the Director of Legal Affairs
Department, then to the Deputy Administrator for
operations
8. Records of the resolution and Consulta then
transmitted to the Honorable Administrator for
his consideration, approval and signature
9. After the resolution has been approved and
signed​: same shall be forwarded to the Clerk of
Court Division for furnishing of copies to the
parties, the Law Division and Central Records
Section of LRA
10. After the receipt of final resolution of Consulta​:
the RD shall ​motu proprio cancel the
memorandum

*Aggrieved party may file ​Motion for Reconsideration

with LRA within 15 days from receipt of order
*​If denied​: aggrieved party may ​appeal to CA
 7. Sources to support reconstitution of title for OCT
Samplex - See page 3 of reviewer
8. Can a son redeem a land even if the grantee (father)
is not yet dead?
1. Section 14 of PD 1529
- NO. As ruled in the case of ​Ferrer v. Mangente
(1973)​, the wife and the legal heirs will only have
2. If Register of Deeds denied your application for
the right to repurchase once the patentee-vendor
registration after complying with the requirements,
has died.
what will be your remedy? Discuss the procedure.
- The remedy is Appeal by Consulta. See page 3 of
What is the redemption period for homestead
reviewer for procedure
patent?
- Within 5 years from the date of the
3. Can a private person apply for extrajudicial
conveyance.
foreclosure instead of judicial foreclosure? Explain.
- YES, however, extrajudicial foreclosure may be
9. Requisites of a root of a valid title
availed of only if a provision is inserted in or
1. When the certificate of title has already been
attached to the real estate mortgage a special
transferred from the name of the true owner to
power of attorney conferring upon the mortgagee
the name of the forger or the name indicated by
the power to sell the mortgaged property at public
the forger
auction in the event of foreclosure. It is the
2. The purchaser was a purchaser in good faith and
attorney-in-fact named or appointed who shall
for value
execute the deed of sale and not the Sheriff.
10. Requisites of an Innocent Purchaser for Value
4. What are the limitations stated in Section 118 of CA
1. That the purchaser has no notice that some other
141 for homestead patents?
persons have a right to or interest in such
- See page 2 of reviewer
property
2. That he pays a full and fair price for the same at
5. X complied with all the requirements for
the time of such purchase or before he has notice
registration, however, before OCT was given to him, it
of the claim or interest of some other person in
was declared that the land will be made a school in
the property
their city. Will X still be the owner of the land?
- YES. The requisite for registration is that the land
11. What is the Mirror Doctrine?
must be declared alienable and disposable at least
- It is the general rule that a buyer or mortgagee has
at the time of the filing of the application for
the right to rely on what appears on the Certificate
registration.
of Title, and in the absence of “anything to excite
In the case at bar, X has already complied
suspicion,” is under no obligation to look beyond
with all the requirements for registration
the certificate and investigate the vendor or
including the declaration by the government that
mortgagor’s title
the land is already alienable and disposable. As
proof, only the issuance of OCT to X was left.
12. Rules on Double Sale
Upon application for registration, X
a. In case of Registered Property
already has right over the subject land since he
- First who ​registered ​and in ​good faith
already has imperfect title. If an imperfect title has
has better right
been vested already to the person by virtue of his
b. In case of Unregistered Property
possession, such right cannot be impaired by
- First who took possession or who have
subsequent legislations or presidential
bought ​the property and in ​good faith​​,
proclamations.
regardless of registration of sale, has
better right
6. Is it necessary to surrender OCT in involuntary
c. In case of Unregistered Property with no
dealings?
possessor
- NO. It is enough that the involuntary document is
- Who has the ​oldest title and in good
entered in the Primary Entry Book.
faith ​has better right
This is because the involuntary dealings
are transactions affecting registered lands in
which the cooperation of the registered owner is
not needed or even against his will, hence, it is
difficult, if not impossible, to obtain the OCT for
surrender.