Land Titles and Deeds

Rolly Francis C. Peoro

Course Objectives: At the end of the course, the students should be able to:

• Have an overview of the basic concepts regarding Land Titles and Deeds;
• Learn the classification of lands and its importance;
• Identify the person/s who may acquire lands;
• Learn the basics concepts and procedures in land registration

Course Requirements and Grading System:

Class Standing/Quizzes/Exercise/Reports( 40%):

Mid-Term Exam: (30%)
Final Exam: 30%

House Rules:

- Academic honesty: Academic dishonesty, such as plagiarism, cheating, and fabrication

will merit a failing grade for the course, without prejudice to the filing of disciplinary
charges depending on the gravity of the offense.
- No make-up quizzes & classroom exercises will be given for absentees.
-Decorum: Students are expected to listen not only to the lectures but also to recitations.
Cell phones must be turned off or switched to silent mode before entering the classroom.

COURSE OUTLINE

A. Background, Basic Concept and General Principles

1. Historical background of land titles

2. Definition of Land Titles and Deeds
3. Systems of registration
4. Torrens System (General Principles)
5. Modes of acquiring land titles
6. Governing laws and institutions

B. Constitutional Provisions

1. Regalian Doctrine
2. Basic land classification
3. Citizenship requirement

1
 4. Corporations

CONST., Article 12, Sections 2,3,7 and 8

P.D. 705, Section 3 (Forestry Code). C.A. 141, Section 2
Heirs of Malabanan v. Republic, G.R. No. 179987, September 3, 2013
DENR v. Yap, G.R. No. 167707, October 8, 2008
Cruz v. NCIP (G.R. No. 135385. December 6, 2000)
Carino v. Insular Government (212 U.S. 449,1909)
Chaves v. Public Estates 384 SCRA 152
Krivenko v. Register of Deeds 79 Phil 461
Muller v. Muller 500 SCRA 65
Rep. Act. No. 7042, as amended by Rep. Act. No. 8179
Batas Pambansa Bilang 185
Rep. Act. No. 8371
Rep. Act. No. 10023

C. Original Registration
1. Judicial issuances
i. Ordinary Registration under PD 1529
- Jurisdiction
- Application in Ordinary Registration
- Publication, Answer and Default
- Hearing and evidence
- Judgment and Decree
- Certificate of Title

Republic v. Naguit, G.R. No. 144057, January 17, 2005

Republic v. Herbieto, G.R. No. 156117, May 26, 2005, 459 SCRA 183.
Heirs of Malabanan v. Republic, G.R. No. 179987, April 29, 2009
Heirs of Malabanan v. Republic, G.R. No. 179987, September 3, 2013
Republic v. T.A.N. Properties, Inc., G.R. No. 154953, June 26, 2008
In Re Application for Land Registration Suprema Dumo, G.R. No. 218269, June 6,
2018.

ii. Cadastral proceedings

2. Administrative issuances
i. Registration of Patents under CA 141
ii. Certificate of Land Ownership Award under RA 6657, as amended by
RA 9700, Presidential Decree No. 27
iii. Certificate of Ancestral Domain Title / Certificate of Ancestral Land
Title under IPRA law

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 Lahora v. Dayanghirang, G.R. No.28565, January 30, 1971
Estribillo v. DAR, G.R. No. 159674 June 30, 2006
DAR v. Carriedo, G.R. No. 176549, October 10, 2018.
Agnes v. Republic, G.R. No. 156022, July 6, 2015.
Heirs of Tunged v. Sta Lucia Realty Dev’t Corp, G.R. No. 231737, March 6, 2018

D. Subsequent Registrations
1. Voluntary dealings
i. Sales
ii. Conveyances or transfers of ownership over titled property, mortgages
and leases
iii. Powers of attorney
iv. Trusts

Saberon v. Ventanilla, G.R. No. 192669, April 21, 2014.

Mobil Oil Philippines v. Diocares, G.R. No. 26371, September 30, 1969

2. Involuntary dealings
i. Writs of attachment
ii. Injunction or mandamus,
iii. Sale or execution of judgment or sale for taxes,
iv. Adverse claims and notice of lis pendens.

Leviste v. Noblejas, G.R. 28529, April 25, 1979

Spouses Francisco v. Court of Appeals, G.R. No. 142687, July 28, 2006
Gabriel v. Register of Deeds Manila, 118 Phil 980
Director of Lands v. Ababa , G.R. No. 26096, February 27, 1979
Sajonas v. Court of Appeals, G.R. No. 102377, July 7, 1996
Hernud v. Lafgren, G.R. No. 140337, September 27, 2007
Gotauco v. Register of Deeds of Tayabas, 59 Phil 756
Spouses Bulaong v. Gonzales, G.R. No. 156318, Sept 5, 2011

E. Non-registrable Properties

F. Dealings with Unregistered Lands

G. Petitions and Motions after original registration

Register of Deeds of Malabon v. RTC, G.R. No. 88623, February 5, 1990

Director of Lands v. Alabang Development Corp., G.R. No. 45168, January 27,
1981
Paulino v. Court of Appeals, G.R. No. 207533, June 4, 2014

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 Villanueva et.al., v. Viloria, G.R. No. 155804, March 14, 2008

H. Land title anomalies

1. Duplication of title
2. Overlapping Title
3. Patently fake/ Spurious Title
4. Fraudulently or irregularly issued

Intestate Estate of San Pedro v. Court of Appeals, G.R. No. 103727, December 1, 1996.
Spouses Cusi v. Domingo, G.R. No. 195825, February 27, 2013.
Manotok Realty, Inc. V. CLT Realty Development Corporation, G.R. No. 123346
December 14, 2007
CLT Realty Development Corporation V. Hi-Grade Feeds Corporation, G.R. No.
160684, September 2,2015.
Manotok v. Heirs of Barque, G.R. Nos. 162335 & 162605, March 6, 2012

I. Remedies

References:

Laws

1987 Constitution
Commonwealth Act No. 141
Presidential Decree No. 1529
Land Registration Law (Act No. 496)
Act 2259, otherwise known as the Cadastral Act and
Commonwealth Act 141, also known as the Public Land Act.
Section 194 of the Revised Administrative Code, as amended by Act 3344.
Rep. Act. No. 7042, as amended by Rep. Act. No. 8179
Batas Pambansa Bilang 185
Rep. Act. No. 8371
Rep. Act. No. 10023

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