PRESIDENTIAL DECREE NO.

892 – DISCONTINUANCE OF
Chapter I – Introduction to Land THE SPANISH MORTGAGE SYSTEM OF REGISTRATION
Ownership and Registration AND OF THE USE OF SPANISH TITLES AS EVIDENCE IN
LAND REGISTRATION PROCEEDINGS
- Took effect on February 16, 1976
REGALIAN DOCTRINE
- The system of registration under the Spanish
- All land belong to the State
Mortgage Law was discontinued and all lands which
were not recorded under that system and were not
In Republic vs. Munoz
yet covered by the Torrens Title were to be
Under the Regalian Doctrine embodied in our Constitution,
considered unregistered lands
all lands of th public domain belong to the State, all lands
- “All holders of Spanish Titles or grants should apply
of the public domain belong to the State, which is the
for registration of their lands under Act No. 496,
source of any asserted right to ownership of land.
otherwise known as the Land Registration Act, within
Therefore, all lands not appearing to be clearly within the
six (6) months from the effectivity of this decree.
private ownership are presumed to belong to the State.
Thereafter, Spanish Titles cannot be used as evidence
Accordingly, public lands not shown to have been
of land ownership in any registration proceeding
reclassified or released as alienable land or alienated to a
under the Torrens System.”
private person by the State remain part of the alienable
public domain.
ACT NO. 2259 - THE CADASTRAL ACT
- Took effect February 11, 1913
Exceptions to the Doctrine:
- In the option of the President, the public interest
1. Properties of the Church or ecclesiastical properties
requires that title to any lands be settled and
2. Lands that have been in the possession of the
adjudicated; he shall order the Director of Lands to
claimant or his predecessor-in-interest since time
make a survey thereof, with notice to all persons
immemorial or lands covered by the Indigenous
claiming interest.
People Right Act of 1997 (RA 8371)
- The Director of Lands, represented by the Solicitor
General, shall institute registration proceedings
FORMS OF ROYAL CONCESSIONS
against the holders, claimants, possessors, or
a. Titulo Real (Royal Grant)
occupants of such lands, stating that public interest
- Title granted to Spanish subjects in order to encourage
requires that titles to such lands be settled and
them to settle and go out to the people of the new
adjudicated.
territory.
- Decree shall be the basis for issuance of the
b. Concession Especial (Special Grant)
CERTIFICATE OF TITLE.
- Is accomplished thru the exercise of a special power
by the Governor General of the Philippines without
1987 CONSTITUTION
authority of a special law.
Article 1 - National Territory
c. Composicion con el estado (Adjustment Title)
The national territory comprises the Philippine
- Applicant to be entitled to such an adjustment must
archipelago, with all the islands and waters embraced
possess the land sought to be acquired for a number
therein, and all other territories over which the Philippines
of years.
has sovereignty or jurisdiction, consisting of its terrestrial,
d. Titulo de Compra (Title by Purchase)
fluvial, and aerial domains, including its territorial sea, the
- This is acquired in accordance with the regulations for
sea bed, the subsoil, the insular shelves, and other
the sale of public lands in the Philippines approved by
submarine areas. The waters around, between, and
the Royal Decree.
connecting the islands of the archipelago, regardless of
e. Informacion posesoria (Possessory Title)
their breadth and dimensions, form part of the internal
- Acquired under Spanish Mortgage Law or under the
waters of the Philippines.
Royal Decree of Feb. 13, 1894 or Maura Law.
Article 12 - National Economy and Patrimony
ACT NO. 496 - LAND REGISTRATION ACT
Section 2 - All lands of the public domain, waters,
- Enacted in November 6, 1902 by the Philippine
minerals, coal, petroleum, and other mineral oils, all forces
Legislature (Philippine Commission) under the
of potential energy, fisheries, forests or timber, wildlife,
authority of the United States.
flora and fauna, and other natural resources are owned by
- Established the TORRENS SYSTEM in the Philippines
the State. With the exception of agricultural lands, all
- Established the Land Registration Court
other natural resources shall not be alienated. x x x
- Bring land TITLES in the Philippines under one
comprehensive and harmonious system.
Section 3. Lands of the public domain are classified into
- It doesn’t create title nor vests title but confirms a
agricultural, forest or timber, mineral lands, and national
title already vested, rendering it indefeasible.
parks. Agricultural lands of the public domain may be
further classified by law according to the uses which they
may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands.

Bem Jamison
MODES OF ACQUIRING PROPERTY
1. BY PUBLIC GRANT
– By virtue of the Spanish conquest of the Philippines, all
islands become the patrimony and dominion of the
Spanish Government. The Spanish Government since then
took charge of distributing the lands by issuing Royal
Grants and concessions to discoverers, settlers, vassals
and other people in varied forms.
2. BY PRIVATE GRANT
– The transfer of title to land by the owner himself or his
duly authorized representative to another by mutual
consent is recognized by law.
Essential Element of a Private Grant
1. Consent by grantor or parties
2. Form - execution of the deed of conveyance
3. Registration in a public office
3. BY ADVERSE POSSESSION OR PRESCRIPTION
– Lands acquired by adverse possession when such
possession hand continued uninterrupted for a number of
years in the concept of the owners, adverse, public and
peaceful.
Possession in good faith and with just title – 10 years
Possession in bad faith and without just title – 30 years
“JUST TITLE” is a title that the possessor received from
someone whom the possessor honestly believed to be the
real owner, provided that the title was to transfer
ownership of property. There is just title when the adverse
claimant came into possession of the property thru any of
the following modes of acquiring ownership:
1. Occupation
2. Intellectual creation
3. Law
4. Donation
5. Succession
6. Consequence of certain contracts, by tradition
7. Prescription
PD 1529 – PROPERTY REGISTRATION DECREE
Section 47. Adverse possession or prescription does not run
against private lands brought under the operation of the
Torrens System nor against public lands, whether coming
under the operation of the Torrens System or not, except
the law expressly so provide.
A property registered under the provisions of P.D. 1529 is
not subject to prescription. Prescription is unavailing not
only against the registered owner but also against his
hereditary successors because the latter merely step into
the shoes of the decedent by operation of law and are
merely continuation of the personality of their
predecessor-in-interest.” (Gabriel vs. CA, 100 Phil. 251,
1956)
Bem Jamison
DOCTRINE OF INDEFEASIBILITY OF TITLE
It is a well-known doctrine that a torrens title, as a rule, is
irrevocable and indefeasible, and the duty of the court is
to see to it that this title is maintained and respected
unless challenged in a direct proceeding. (Co vs. CA, G.R.
No. 93687, May 6, 1991)
Exception:
- When there is FRAUD OR MISREPRESENTATION IN
THE REGISTRATION OF TITLE
- In the case of Olivers vs. SMC, G.R. No. 173531,
February 1, 2012 "Well-settled is the rule that the
indefeasibility of a title does not attach to titles
secured by fraud and misrepresentation. In view of
these circumstances, it was as if no title was ever
issued in this case to the petitioner and therefore this
is hardly the occasion to talk of collateral attack
against a title.
Notes in Prescription:
a. Mere refusal to accede to a partition without
specifying the ground for such refusal, cannot be
considered as notice to the co-heir or co-owner of the
occupant’s claim of title in himself in repudiation of
the co-ownership.
b. Among heirs or co-owners, it is not hostile or adverse
even when accompanied by mere perception of rents
and profits. (Cortes vs. Oliva, 33 Phil. 480, 1916)
4. BY ACCRETION
Art. 457 of the Civil Code – “To the owners of the lands
adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the
water.”
Alluvium - refers to materials deposited by rivers.
Effects of Accretion (Riparian Rights): The owners of the
land to which they are settled and attached become the
owners also of the addition by accretion.
Reason why accretion belongs to the Riparian Owner: To
compensate him for the danger of loss that he suffers
because of the location of his land. If estates bordering on
rivers are exposed to floods and other evils produced by
the destructive force of the waters and if by virtue of
lawful provisions, said estates are subject to
encumbrances and various kinds of easements, it is
proper that the risk or danger which may prejudice the
owners thereof should be compensated by the right of
accretion
Notes in Accretion:
a. Accretion does not automatically become
registered land just because of the land which
received such accretion is covered by a Torrens
Title. Ownership of a piece of land is one thing,
registration under the Torrens System of the
ownership is another (Grande vs. CA, 5 SCRA
524, 1962).
5. BY INVOLUNTARY ALIENATION
– The State in the exercise of the POWER OF EMINENT
DOMAIN or by way of escheat proceedings may, without
owner’s consent take lands of private ownership.
6. BY DESCENT OF DEVISE
– Transfer of title to land by success or intestate
succession
7. BY RECLAMATION
– Method of acquiring land by filling of submerged land by
deliberate act
Rule: The government can assert title to reclaimed lands
Exception: May be declared by the government as
property of the adjoining owners and as such increment
thereto only when it is no longer washed by the water of
the sea and no longer necessary for public use like the
construction of an avenue thereon (Lamprea vs. Director
of Lands et al. 67 Phil. 388, 1939)
Authority of Local Government to Undertake
Reclamation Projects: Any and all such lands reclaimed
will become the property of the respective municipalities
and chartered cities; but the new foreshore along the
reclaimed areas shall continue to become property of the
National Government
8. BY EMANCIPATION PATENT
– Calculated to emancipate tenant-farmers from the
bondage of the soil by making them owners of the land
they till.
When applied: Private agricultural lands planted to corn or
rice by landed estate. (Seven hectares and up)
CASES
ERNESTO BALBIN, ET. AL. VS. PEDRO MEDALLA, ET. AL.
G.R. NO. L-46410, October 30, 1981
FACTS:
1. Sps. Medalla bought the land from the heirs of the
Juan Ladao (original owner) on June 19, 1962. They
filed for application of registration of title in June 14,
1963 using as evidence of ownership the Deed of Sale
and Informacion Posesoria in the name of Juan Ladao.
2. On the other hand, the Balbin Family were in actual
possession of the subject land and were issued OCTs
(thru patents) in October 1, 1959. They filed an
opposition on the petition for registration filed by
Sps. Medalla.
3. Sps. Medalla filed an action for reconveyance and
annulment of title in August 30, 1973 (14 years after
the issuance of OCTs in favour of the Balbins)
ISSUE:
WON the Original Certificates of Title of Ernesto Balbin is
null and void
Bem Jamison
RULING OF THE SC:
a. The cause of action for reconveyance had already
prescribed (action for reconveyance prescribes in 4
years after discovery of fraud)
b. The complaint of Sps. Medalla was filed only on
August 30, 1973 or more than 14 years from date of
the issuance of OCTs to Ernesto Balbin et al.
c. A possessory information, without a showing of
actual, public and adverse possession of the land
under claim of ownership, for a sufficient period of
time, is ineffective as mode of acquiring title under
Act. No. 496
Doctrine: Where several co-owner’s duplicate of
certificates of titles are issued, a voluntary instrument
cannot be registered without surrendering all the copies to
the Register of Deeds so that every copy of thereof would
contain identical entries of the transactions affecting the
land covered. While a Register of Deeds has a ministerial
function, he may refuse registration if the OCT bears on its
face an infirmity.
Chapter II – Nature of Land
Registration Proceedings
TORRENS SYSTEM
- Is a system of land title in which a register of land
holdings maintained by the state guarantees an
indefeasible title to those included in the register.
- Land ownership is transferred through registration of
title instead of using deeds. Its main purpose is to
simplify land transactions and to certify to the
ownership of an absolute title to realty.
LAND REGISTRATION
- Is a judicial or administrative proceeding whereby a
person’s claim of ownership over a particular land is
determined and confirmed or recognized so that such
land and the ownership thereof may be recorded in
NATURE OF TORRENS SYSTEMS
1. It is judicial and in rem
2. It is voluntary in Character under Act. 496 (Land
Registration Act) and compulsory under Act 2259
(Cadastral Act) both amended by PD 1529
3. It is conclusive upon the whole world including
the government.
4. Title issued is indefeasible and it cannot be lost
by prescription
CONCEPT OF A TORRENS TITLE
1. The Torrens System does not create or vest title
2. It only confirms and records title already
existing and vested
3. It does not protect a usurper from the true
owner
4. It cannot shield for the commission of fraud.
5. It does not permit one to enrich himsself at the
expense of another.
The real purpose of the Torrens system is to quiet title to
land and to stop forever any action as to its legality. Once
a title is registered, the owner may rest secure, without
the necessity of waiting in the portals of the court, or
sitting on the “mirador su casa” (Mirror of his home) -
National Grains Authority vs IAC, 157 SCRA 388, 1988
KINDS OF REGISTRATION
1. Original Registration - is the first registration of the
land whereby an Original Certificate of Title is entered
in the Registry of Property and a duplicate owner’s
copy is issued to the owner by the Register of Deeds.
2. Subsequent Registration - is a process where the
Original Certificate of Title is cancelled and
subsequently registered under a Transfer Certificate
of Title in favor of the new owner in cases of land
conveyance such as sale, donation or assignment.
TITLE DEFINED
- A comprehensive term referring to the legal basis of
the ownership of property, encompassing real and
personal property and intangible and tangible
interests therein;
- A document serving as evidence of ownership of
property, such as the certificate of title to a motor
vehicle.
FEE SIMPLE TITLE
- Represents absolute ownership of land, and therefore
the owner may do whatever he or she chooses with
the land. If an owner of a fee simple dies intestate,
the land will descend to the heirs.
EFFECTS OF GOOD TITLE
- The purpose of adopting a Torrens System in our
jurisdiction is to guarantee the integrity of land titles
and to protect their indefeasibility once the claim of
ownership is established and recognized.
- This is to avoid any possible conflicts of title that
may arise by giving the public the right to rely upon
the face of the Torrens title and dispense with the
need of inquiring further as to the ownership of the
property
- A Torrens certificate of title is indefeasible and
binding upon the whole world unless it is nullified by
a court of competent jurisdiction in a direct
proceeding for cancellation of title.
EFFECTS OF BAD TITLE
- Where issuance of the title was attended by fraud,
the same CANNOT vest in the titled owner any valid
legal title to the land covered by it; and the person in
whose name the title was issued cannot transmit the
same, for he has no true title thereto.
- A certificate is not conclusive evidence of title if it is
shown that the same land had already been
registered and an earlier certificate for the same land
is in existence. (Register of Deeds vs. PNB, G.R. No. L-
17641, January 30, 1965)
- the application is alienable or disposable.
HOW TO OVERCOME PRESUMPTION THAT PUBLIC LAND
IS ALIENABLE
Bem Jamison
1. The applicant must establish the existence of a
positive act of the government such as a presidential
proclamation or an executive order; an administrative
action; investigation reports of Bureau of Lands
investigators; and a legislative act or a statute.
2. The applicant may also secure a certification from the
government that the land claimed to have been
possessed for the required number of years is
alienable and disposable.
CASES
LEGARDA VS. SALEEBY, G.R. No. L-8936, October 2, 1915
ISSUE:
- Who is the owner of the wall and the land occupied
by it?
- May the subsequent owner invoke good faith?
RULING OF THE SC:
- In case of double registration under the Land
Registration Act, that the owner of the earliest
certificate of the land. That is the rule between
original owners.
- The Rule should not be applied to the purchaser of a
parcel of land the vendor of which is not owner of the
original certificate, or his successor.
- The rule of notice of what the record contains
precludes the idea of innocence. By reason of the
prior registry there cannot be an innocent purchaser
of land included in a prior original certificate and in a
name other than of the vendor, or his successors.
Doctrine: Where two certificates purport to include the
same registered land, the holder of the earlier one
continues to hold title and will prevail.
SECRETARY OF THE DENR et al .vs. MAYOR JOSE S. YAP
et. al. G.R. No. 167707 October 8, 2008
DR. ORLANDO SACAY et al. vs. SECRETARY OF THE DENR
et al. G.R. No. 173775 October 8, 2008
ISSUE:
Whether Mayor Jose S. Yap et. al. and Dr. Orlando Satay
et. al. have a right to secure titles over their occupied
portions in Boracay
RULING OF THE SC:
- The Regalian Doctrine dictates that all lands of the
public domain belong to the State. All lands not
otherwise appearing to be clearly within private
ownership are presumed to belong to the State.
- A positive act declaring land as alienable and
disposable is required.
- The burden of proof in overcoming the presumption
of State ownership of the lands of the public domain
is on the person applying for registration (or claiming
ownership), who must prove that the land subject of
- Private claimants are not entitled to apply for judicial
confirmation of imperfect title under CA No. 141.
 Neither do they have vested rights over the occupied
lands under the said law. There are two requisites for
judicial confirmation of imperfect or incomplete title
under CA No. 141, namely:
1. Open, continuous, exclusive, and notorious
possession and occupation of the subject land by
himself or through his predecessors-in-interest
under a bona fide claim of ownership since time
immemorial or from June 12, 1945; and
2. The classification of the land as alienable and
disposable land of the public domain
- Where the land is not alienable and disposable,
possession of the land, no matter how long, cannot
confer ownership or possessory rights.
Doctrine: There must be a positive act from the
government classifying lands as alienable and disposable
before registration.
REPUBLIC OF THE PHILIPPINES represented by AKLAN
NATIONAL COLLEGE OF FISHERIES (ANCF) vs. HEIRS OF
MAXIMA LACHICA SIN et al G.R. No. 157485, March 26,
2014
FACTS:
 In 1932, Maxima Lachica Sin purchase the property in
1904 from Sps. Garcia
 In 1945, Maxima Sin died but prior to her death she
acquired bigger parcel of land by virtue of a Deed of
Sale
 The property was then inherited by her heirs
 In 1960, the landholding was declared as a
timberland
 In 1988, a portion of said land inherited was occupied
by ANCF (Aklan National College of Fisheries now
Aklan State University) and converted into a fishpond
for educational purpose by virtue of Proclamation No.
2074 of then President Ferdinand E. Marcos
 On August 26, 1991, the heirs Maxima L. Sin
instituted a complaint against Lucio Arquisola, in his
capacity as Superintendent of ANCF for recovery of
possession, quieting of title, and declaration of
ownership with damages.
ISSUES:
 Whether or not the subject property can be
recovered from the State.
SC RULING:
 Heirs of Maxima L. Sin have the burden to identify a
positive act of the government, such as an official
proclamation, declassifying inalienable public land
into disposable land for agricultural or other
purposes.
 Since respondents (Heirs of Maxima L. Sin) failed to
do so, the alleged possession by them and by their
predecessors-in-interest is inconsequential and could
never ripen into ownership.
 Accordingly, respondents (Heirs of Maxima L. Sin)
cannot be considered to have private rights within
the purview of Proclamation No. 2074 as to prevent
Bem Jamison
the application of said proclamation to the subject
property. We are thus constrained to reverse the
rulings of the courts a quo and grant the prayer of
petitioner Republic to dismiss Civil Case No. 1181
(4390) for lack of merit.
CASIMIRO DEVELOPMENT CORPORATION vs. RENATO L.
MATEO, G.R. No. 175485 July 27, 2011
SC RULING:
 A collateral attack occurs when, in another action to
obtain a different relief and as an incident of the
present action, an attack is made against the
judgment granting the title.
 This manner of attack is to be distinguished from a
direct attack against a judgment granting the title,
through an action whose main objective is to annul,
set aside, or enjoin the enforcement of such
judgment if not yet under the judgment had been
disposed of.
 To start with, one who deals with property registered
under the Torrens system need not go beyond the
certificate of title, but only has to rely on the
certificate of title. He is charged with notice only of
such burdens and claims as are annotated on the
title.
 A purchaser in good faith is one who buys property
of another, without notice that some other person
has a right to, or interest in, such property and pays a
full and fair price for the same, at the time of such
purchase, or before he has notice of the claim or
interest of some other persons in the property.
Chapter III – Nature of Land
Registration Proceedings
LAND REGISTRATION AUTHORITY (LRA)
- Previously “Land Registration Commission”
- Headed by an Administrator who shall be assisted by
two (2) Deputy Administrators, all of whom shall be
appointed by the President upon the
recommendation of the Secretary of Justice
- All other officials of the LRA, except Registers of
Deeds, shall be appointed by the Secretary of Justice
upon recommendation of the Administrator.
Functions of the Authority
a. Extend speedy and effective assistance to the
Department of Agrarian Reform, the Land Bank, and
other agencies in the implementation of the land
reform program of the government;
b. Extend assistance to courts in ordinary and cadastral
land registration proceedings;
c. Be the central repository of records relative to
original registration of lands titled under the Torrens
system, including subdivision and consolidation plans
of titled lands.
Duty of the LRA ministerial only
- Duty of LRA to issue decree not compellable by
mandamus.
- The duty of the LRA officials to issue the decree is
purely ministerial. It is ministerial only in the sense
that they act under the orders of the court and the
decree must be in conformity with the decision of the
court and with the data found in the record, as to
which they have no discretion on the matter.
- However, if they are in doubt upon any point in
relation to the preparation and issuance of the
decree, it is their duty to refer the matter to the
court.
- The LRA has no authority to represent the
government in registration proceedings.
THE REGISTRY OF PROPERTY
Registration
- Means the entry of instruments or deeds in a book or
public registry.
- Registration in the public registry is notice to the
world.
Effect of Registration
- Every conveyance, mortgage, lease, lien, attachment,
order, judgment, instrument or entry affecting
registered land shall, if registered, filed or entered in
the office of the Register of Deeds of the province or
city where the land to which it relates lies, shall be
deemed as a constructive notice to all persons from
the time of such registering, filing or entering.
Register of Deeds
- No person shall be appointed Register of Deeds
unless he has been admitted to the practice of law in
the Philippines AND shall have been actually
engaged in such practice for at least three years or
has been employed for a like period in any branch of
government the functions of which include the
registration of property.
Duty of the ROD ministerial only
- Registration is a mere ministerial act by which a
deed, contract or instrument is sought to be inscribed
in the records of the office of the Register of Deeds
and annotated at the back of the certificate of the
title covering the land subject of the deed, contract or
instrument.
- He may not validly refuse to register a deed of sale
presented to him for registration. Whether a
document is valid or not is not for the Register of
Deeds to determine; this function belongs properly to
a court of competent jurisdiction.
- Doubtful questions shall be submitted to LRA
Administrator for resolution.
WHEN REGISTER OF DEEDS MAY REFUSE REGISTRATION
1. When there are several copies of the title (co-
owner’s duplicate but only one is presented with the
instrument to be registered.
Bem Jamison
2. When the property is presumed to be conjugal but
the instrument of conveyance bears the signature of
only one spouse.
3. When there is a pending case in court where the
character of the land and validity of the conveyance
are in issue.
4. Where the voluntary instrument bears on its face an
infirmity. Thus, if the conjugal character of the
property subject of a deed donation by the husband
“is assumed” and 2/3 portion of the property was
donated by the husband alone, then such donation
clearly exceeds the 1/2 share that pertains to him.
(Balbin vs. Register of Deeds of Ilocos Sur, 28 SCRA
12, 15-6 (1969)
While it is true that the duty of the Register of Deeds
is ministerial, the latter may properly refuse
registration if the court order upon which it is based
contains clerical error(s) that may prejudice an
innocent third person.
5. The Register of Deeds may also refuse to register a
private document, since Section 112 of P.D. No. 152
(formerly Sec. 127 of Act 496) provides that deeds of
conveyances affecting lands should be verified and
acknowledged before a notary public or other public
officer authorized by law to take acknowledgment.
(Gallardo vs. Intermediate Appellate Court, 155 SCRA
248, 258 (1987)
6. Non-payment of registration fees and incomplete
requirements.
Note:
- 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 favour of every purchaser for
value and in good faith.
WHERE THE INSTRUMENT IS DENIED REGISTRATION
- The Register of Deeds shall notify the interested
party in writing, setting forth the defects of the
instrument or legal grounds relied upon,
- Advising him that if he is not agreeable to such
ruling, he may, without withdrawing the document
from the Registry, elevate the matter within five days
from receipt of notice of the denial of registration to
the Commissioner of Land Registration upon
payment of a consulta fee in such amount as shall be
prescribed by the Commissioner of Land Registration.
 CASES
GUARANTEED HOMES, INC. vs. HEIRS OF MARIA P.
VALDEZ, et al G.R. No. 171531 January 30, 2009
SC RULING:
One instance when a fraudulent document (bad title)
becomes a root of a valid title is when the certificate of
title was already transferred from the name of the true
owner to the forger, and while it remained that way, the
land was subsequently sold to an innocent purchaser. For
then, the vendee had the right to rely upon what appeared
in the certificate.
The purchaser is not bound by the original certificate but
only by the certificate of title of the person from whom
he had purchased the property.
EDUARDO S. BARANDA and ALFONSO HITALIA vs.HON.
JUDGE TITO GUSTILO, ACTING REGISTER OF DEEDS AVITO
SACLAUSO, HONORABLE COURT OF APPEALS, and ATTY.
HECTOR P. TEODOSIO
G.R. No. 81163 September 26, 1988
SC RULING:
Lis pendens has been conceived to protect the real rights
of the party causing the registration thereof. With the lis
pendens duly recorded, he could rest secure that he
would not lose the property or any part of it. For, notice
of lis pendens serves as a warning to a prospective
purchaser or incumbrancer that the particular property is
in litigation; and that he should keep his hands off the
same, unless of course he intends to gamble on the results
of the litigation.
Doctrine: The function of a Register of Deeds with
reference to the registration of deeds encumbrances,
instruments and the like is ministerial in nature. In case of
doubt with the proper step to be taken, he shall elevate
the matter en consulta to the LRA for resolution.
SPS. LITA DE LEON and FELIX RIO TARROSA vs. ANITA B.
DE LEON, DANILO B. DE LEON, and VILMA B. DE LEON
G.R. No. 185063 July 23, 2009
SC RULING:
The mere registration of a property in the name of one
spouse does not destroy its conjugal nature. What is
material is the time when the property was acquired. The
sale of a conjugal piece of land by the husband, as
administrator, must, as a rule, be with the wife’s consent.
Else, the sale is not valid, absent any showing that the
latter is incapacitated, under civil interdiction, or like
causes.
Bem Jamison
NAAWAN COMMUNITY RURAL BANK INC. vs. CA and
SPOUSES ALFREDO AND ANNABELLE LUMO, G.R. No.
128573 January 13, 2003
SC RULING:
Private respondents, in dealing with the subject registered
land, were not required by law to go beyond the register
to determine the legal condition of the property. They
were only charged with notice of such burdens on the
property as were noted on the register or the certificate
of title. To have required them to do more would have
been to defeat the primary object of the Torrens System
which is to make the Torrens Title indefeasible and valid
against the whole world.
Exception: When the party concerned has actual
knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry.
Chapter IV – Land Titles and
Deeds
WHO MAY FILE FOR ORIGINAL REGISTRATION
The following persons may file in the proper Regional Trial
Court an application for land registration of title to land,
whether personally or though their duly authorized
representatives:
1. 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.
2. Those who have acquired ownership of private lands
by prescription under the provision of existing laws.
3. Those who have acquired ownership of private lands
or abandoned river beds by right of accession or
accretion under the existing laws.
4. Those who have acquired ownership of land in any
other manner provided for by law.
OTHER CASES:
a. If land is sold under pacto de retro
o The vendor a retro may file an application
for the original registration of the land;
o If the period for redemption expire during
the pendency of the registration
proceedings, the ownership of the property
shall be consolidated in the vendee a retro
and the latter shall substitute and continue
the proceedings;
b. If land is owned in common – all the co-owners shall
file the application jointly
In case one of the co-owner refuses to apply:
 Split the land by subdivision, a separate plan
being prepared for each portion after which
a separate application may be filed for each
of the shares assigned to the co-owners.
c. If property is under trust – the trustee may file on
behalf of the principal, unless prohibited by the
instrument creating the trust
d. Owner of the building is different from the owner of
the house
o The owner of the building cannot file an
application for registration of his house
independent of the land on which its stands
o The most he can do is to prove his
ownership of the building at the time of the
hearing of the application for registration of
the land on which it is erected, so that his
title to the building may be noted in the
decree and title which may be issued
affecting the land. (Manila Building
Association vs. Penalosa, 13 Phil 575, 1909)
e. Infants and Disabled Owners – guardians duly
appointed by the court may apply for registration but
the person in whose behalf the application has been
made shall be named as the applicant by the
guardian.
f. Executors and Administrators Appointed by Courts –
may file for registration in behalf of the estate but the
heirs have a right to intervene when they believe the
administrator’s acts are prejudicial to their interest.
g. Mortgaged and Married Women – The Mortgagor
cannot apply for its registration without the written
consent of the Mortgagee, in the same way that a
married woman cannot apply without the written
consent of her husband (exception: paraphernal
property)
h. Non-resident – He may apply but shall file an
instrument appointing an agent or representative
residing in the Philippines.
i. Reserve Troncal and Trustee – The reserver
(Reservista) has the right to apply for registration, but
the reservable character of the property will be
annotated in the title.
Reserva troncal – The ascendant who inherits from
his descendant any property which the latter may
have acquired by gratuitous title from another
ascendant, or a brother or sister, is obliged to reserve
such property as he may have acquired by operation
of law for the benefit of relatives who are within
ththird degree and who belong to the line from which
said property came. (Art. 891)
Purpose: To prevent persons who are outsiders to
the family from acquiring, by chance or accident,
property which otherwise would have remained with
the said family. In short, to put back the property to
the line from which it originally came.
Bem Jamison
CASES
THOMAS C. CHEESMAN VS. IAC and ESTELITA PADILLA
G.R. No. 74833, January 21, 1991
May a Filipina married to alien spouse acquire property
and dispose the same without the consent of the alien
spouse?
- The alien spouse acquired no right whatever over
the property by virtue of the purchase; and in
attempting to acquire a right or interest in land,
vicariously and clandestinely, he knowingly violated
the Constitution; the sale as to him was null and
void.
- In any event, he had and has no capacity or
personality to question the subsequent sale of the
same property by his wife on the theory that in so
doing he is merely exercising the prerogative of a
husband in respect of conjugal property.
13 STEPS IN CHRONOLOGICAL ORDER FOR THE
REGISTRATION OF TITLE TO LAND UNDER ACT 496
(SAS T. PuSe AHe PIES Trans)
1. Survey of the land by the Bureau of Lands (now Land
Management Services) or a duly licensed surveyor;
2. Preparation and filing of the application for
registration by the applicant;
3. Setting of the date of the hearing of the application by
the court;
4. Transmittal of the duplicate of the application and the
date of initial hearing together with all documents
attached thereto by the Clerk of Court to the Land
Registration Authority;
5. Publication of notice of the filing of the application
and date and place of the hearing once in newspaper
of general circulation and once inthe Official Gazette;
6. Service of notice upon contiguous owners, occupants,
and those known to have interest in the property by
the Sheriff;
7. Filing of the answer to the application by any person
whether named in the notice or not;
8. Hearing of the cause by the court and the
presentation of evidence;
9. Promulgation of the judgment by the court
10. Issuance of an order by the court declaring the
judgment final and instructing the Land Registration
Authority to issue the decree of registration in
accordance with Sec. 39 of P.D. 1529
11. Entry of Decree of registration in the Land
Registration Authority;
12. Sending copy of the decree of registration to the
corresponding Registrar of Deeds by the Land
Registration Authority;
13. Transcription of the decree of registration in the
registration book and the issuance of the owner's
duplicate certificate of the original certificate of title
to the applicant by the Registrar of Deeds upon
payment of the prescribed fees.

STEP 1 – SURVEY OF THE LAND BY THE BUREAU OF LANDS
(NOW LAND MANAGEMENT SERVICES) OR A DULY
LICENSED SURVEYOR
- Land may be surveyed either by the Bureau of Lands
itself, a government surveyor, or by a duly licensed
private land surveyor authorized by the former.
Procedural Requirements
The surveyors employed shall
a. Give due notice in advance to the adjoining
owners whose addresses are known, of the date
and hour when they should present themselves
on the property for the purpose of making such
objections to the boundaries of the properties to
be surveyed as they consider necessary.
b. Report all objections made by adjoining
property owners and occupants or claimants of
any portion of the land at the time of the survey
and demarcation, giving proper description of
the boundaries claimed by such owners,
occupants or claimants
c. Define the boundaries of the lands by means of
monuments placed thereon and shall indicate on
the maps or plots the respective boundaries as
designated, both by the applicant and adverse
claimants, but the work and demarcation of the
boundaries of the lands as occupied by the said
applicant need not be suspended because of the
presentation of any complaint or objection.
d. Prepare maps and plots of property. Prepares
the technical description of the property.
Note: The corresponding plan and technical description of
the property prepared by the surveyor will have to be
approved by the director of Lands.
STEP 2 – PREPARATION AND FILING OF THE APPLICATION
Form and Substance of the Application
1. In writing
2. Signed by the applicant or the person duly authorized
in his behalf and sworn before any officer authorized
to administer oaths for the province or city where the
application was actually signed.
3. The applicant shall state his/her citizenship and civil
status. If married shall state the name of spouse.
4. Shall contain the description of the land.
5. State the full names and addresses of all occupants of
the land and those of the adjoining owners if known,
and, if not known, it shall state the extent of the
search made to find them.
6. It shall state the assessed and market value of the
land.
7. Applicant shall state how he/she acquired the land.
8. Necessary supporting documents be annexed to the
application
9. It must be verified and with certification for non-
forum shopping.
It should be borne in mind that a mere statement of the
lack of knowledge of the names of occupants and adjoining
owners is not sufficient but “what search has been made to
Bem Jamison
find them is necessary”. (Francisco vs. Cam 97 SCRA 22,
1980)
Where to File
- The application for land registration shall be filed with
the Regional Trial Court of the province or city where
the land is situated.
- The Clerk of Court will not accept any application
unless it is shown that the applicant has furnished
the Director of Lands with a copy of the application
and all annexes.
What should accompany the application
1. Original plan of the land signed by the surveyor and
duly approve by the Director of Land Management
Bureau with two photographic or blue print copies of
the plan;
2. Three (3) copies of the technical description;
3. Tracing-cloth plan;
4. Three (3) copies of the certificate of the surveyor
which is in conformity with Section 1859 of the
Administrative Code
5. Certificate in quadruplicate of the Provincial
Treasurer of the assessed value of the land or
Declaration of Real Property Value (DRPV). In case the
land has not been assess, an affidavit in quadruplicate
of the market value of the land signed by three (3)
disinterested person;
6. Original muniments of title in the possession of the
applicant which prove his ownership of the land.
Muniments - It refers to instruments or written evidence
which the applicant holds or possesses to enable him to
substantiate and prove his title to his estate.
STEP 3 – SETTING THE DATE AND HOUR OF HEARING OF
THE APPLICATION
- The court shall, within five days from filing of the
application, issue an order setting the date and hour
of the initial hearing which shall not be earlier than
45 days nor later than 90 days from the date of the
order
- The public shall be given notice of the initial hearing
of the application for land registration by means of
(1) Publication, (2) Mailing and (3) Posting.
STEP 4 – TRANSMITTAL OF APPLICATION TO LAND
REGISTRATION AUTHORITY
- Clerk of Court to transmit the application and all
attachments
Function of LRA in Land Registration Application
1. Examines the Application and documents submitted
2. If it finds mistake committed in the application or that
certain documents required were not submitted, it
reports the same to the Court which issues an order
requiring the applicant to make the corrections
necessary and to submit the documents required, if
any.
STEP 5 – PUBLICATION OF THE NOTICE OF THE FILING OF
APPLICATION FOR REGISTRATION, AND DATE AND PLACE
OF HEARING
- If application documents are found to be complete,
the LRA will cause a NOTICE OF INITIAL HEARING to
be published once in the Official Gazette and once in
a newspaper of general circulation in the Philippines
STEP 6 – SERVICE OF NOTICE UPON CONTIGUOUS
OWNERS, OCCUPANTS AND OTHERS
- Within 7 days after publication of Notice, the LRA
shall cause a copy of the notice of initial hearing to be
mailed to every person name in the notice whose
address is known.
- Issue a Certificate of Publication and Service of Notice
Note: The cost of publication of notices of initial hearing
in the Official Gazette of the application for registration of
land is borne by the applicants.
STEP 7 – FILING OF ANSWER
Requisites of a Valid Answer
1. It should be in writing
2. It must be filed by a party who is a real party of
interest
3. It should state is objection or opposition
4. Remedy desired and/or affirmative reliefs
5. It should be verified
6. It must be filed within the reglementary period or
within such further time as may be allowed by the
court.
If no answer is filed within the reglementary period: The
applicant must file a Motion for issuance of order of
General Default and to request for presentation of
evidence “Ex-Parte”.
Order of general default – if no person appears and
answers within the time allowed; by description in the
notice “to whom it may concern”, all the world are made
parties defendant and shall be concluded by the default
order
Order of special default – when an appearance has been
entered and answer filed, default order shall be entered
upon against persons who didn't appear and answer
STEP 8 – HEARING
Hearing is the process of presenting and submitting
EVIDENCE to substantiate the material allegation of a
party.
Who has the Burden Of Evidence
- The APPLICANT must present competent and
persuasive proof to substantiate his claim; he may
not rely on the general statements, or mere
conclusions of law other than factual evidence of
possession and title. (Republic vs. CA, 1988, 167 SCRA
150)
Bem Jamison
Notes:
- Evidence may be Documentary or testimonial (oral)
showing facts of possession
- Tax Declaration or realty tax payments of property
are only “prima facie” evidence of possession and are
not conclusive evidence of ownership.
CASES
HEIRS OF MARIO MALABANAN, (Rep. by Sally A.
Malabanan) vs. REPUBLIC G.R. No. 179987
September 3, 2013
SC RULING:
The declaration that land is alienable and disposable also
serves to determine the point at which prescription may
run against the State.
Doctrine: Applicants under 14(1) of PD 1529 in relation to
sec 48(b) of CA 141 acquire ownership of, and registrable
title to, such lands based on the length and quality of their
possession. It is sufficient that the land be declared
alienable and disposable at the time of the filing for the
application for judicial confirmation of imperfect title and
the land need not be alienable and disposable during the
entire period of possession.
STEP 9 – DECISION OF THE LAND COURT
Nature of Judgment or Decision
- It constitutes the opinion of the court after taking
into consideration the evidence submitted by the
parties in the controversy.
Extent of Powers of the Court
The court in its judgment
1. Confirm the title to private lands or dismiss the
application;
2. Determine the conflicting claims of ownership and
interests in the land and contentious issues, granting
affirmative reliefs
3. Confirm imperfect title to agricultural lands
Cases:
- The simple possession of a certificate of title under
the Torrens System does not necessarily make the
holder a true owner of all the property described
therein. (Miranda vs CA, 1989, 177 SCRA 303)
- The quality of conclusiveness of a Torrens title is not
available for use to perpetrate fraud. (Angeles vs.
Samia, 1938, 66 Phil. 444)
STEP 10 – ISSUANCE OF AN ORDER DECLARING THE
JUDGMENT FINAL
When judgment becomes final
- After the expiration of the 15 days period, counted
from the date of receipt of “NOTICE OF JUDGMENT”
and no appeal or any other motion having be filed,
the Judgment becomes final
Duty of the Clerk of Court
1. It shall be entered in the book of judgment as a final
judgment.
2. Within fifteen days from entry of judgment, COC shall
send certified copies of the judgment and of the
order of the court directing the Administrator to issue
the corresponding “Decree of Registration” and
“Certificate of Title”
3. Issue a Certificate of Finality.
CERTIFICATE OF TITLE
- The CERTIFICATE OF TITLE so issued is numbered
consecutively beginning with number one.
- An exact duplicate copy of the original certificate
bearing the printed words “owner’s duplicate” is
prepared by the Register of Deeds which he delivers
to the owner as indicated.

STEP 11 – ENTRY OF DECREE OF REGISTRATION

Every decree of registration shall bind the land, and quiet

title thereto, subject only to the exceptions stated in the
following section. It shall be conclusive upon and against
all persons, including the Insular Government and all the
branches thereof, whether mentioned by name in the
application, notice, or citation, or included, in the general
description. (Vicente Sotto vs. Filemon Sotto, G.R. No.
17768, September 1, 1922)

Decision vs. Decree

DECISION
Rendered by the COURT as
soon as the evidence of
both parties have been
submitted
Contains statement of facts
and applicable laws
Does not become final until
after 15 days
Review of Decision must be
filed within 60 days from
the petitioner learns of the
judgment but not beyond 6
months from entry thereof
DECREE
Issued pursuant of an order
of the court after judgment.
Contains “order of the
court stating that the
property is registered in the
name of applicant. It bears
the day of year, hour and
minute of its entry
Does not become final until
after the lapse of one year
from date of its issuance
and entry.
Review of Decree can be
had on the ground of actual
fraud within one year from
entry thereof.

STEP 12 – SENDING OF DECREE TO THE REGISTER OF

DEEDS

STEP 13 – TRANSCRIPTION IN THE REGISTRY AND

ISSUANCE OF CERTIFICATE OF TITLE

Immediately upon the receipt of Decree of Registration

1. The Register of Deeds transcribes the same in the
“REGISTRATION BOOK”;
2. Issues an owner’s duplicate certificate of title to the
applicant upon payment of the necessary registration
fees;

The Entry made by the Register of Deeds in his

“REGISTRATION BOOK” is actually the original copy of
the “ORIGINAL CERTIFICATE OF TITLE” and shall be
signed by him and sealed with the seal of the Court
and of his office.

Bem Jamison