LTD Reviewer for finals:

General Provisions (as provided in FB)

-Essential Features of the Torrens System (CIC-PILT)

1. The creation and recognition of one estate in land - the registered title in lieu of a legal or equitable
estate.
2. The creation of a certificate of title in the registry and the issuance of an owners duplicate certificate
under which the conditions of the title is articulated.

3. Creation of an indefeasible title or the right of absolute ownership, instead of evidence of title in
the name of the owner.

4. The transfer of interest in land only by entry on the register instead by transfer by execution of
deeds.

5. The creation of liens on land only by annotation on the registry and the certificate.

6. The protection of unregistered rights or equitable claims by caveats, cautions or notices of

adverse claims.

7. The establishment of an indemnity fund and payment in certain losses.

Purpose and Effect (CNII)

1. To confirm and register a title to a real property already vested in the applicant. Fee simple rights to
land are the only rights that can be registered in the initial registration of lands.
2. The system is not intended for acquiring title to land. Titles to land are acquired under public land
laws either though a direct or an indirect grant from the State.

3. Once fee simple rights are registered, said title is deemed conclusive to all or “indefeasible”.

4. Interest less than fee simple cannot be use in "initial registration" but once a fee simple title has
been registered, interest over said registered lands can be registered as an encumbrance, limitation,
condition, charge, etc

Tip:
Tip
What is an indefeasible title? What are its characteristics?

-An indefeasible title is a title granted and acquired by a registered owner in good faith and for value.
Charac:
-renders title as impresriptible
-not subject to encumbrance not annotated
-not subject to collateral attack, and may not be modified, altered, or cancelled except in a direct
proceeding

Section 113 - what is the effect of registration of dealings on unregistered lands

Recording of instruments relating to unregistered lands. No deed, conveyance, mortgage, lease, or
other voluntary instrument affecting land not registered under the Torrens system shall be
valid, except as between the parties thereto, unless such instrument shall have been recorded in
the manner herein prescribed in the office of the Register of Deeds for the province or city where
the land lies.

Effect:

1.Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration
Book.
a) Primary Entry Book shall contain, among other particulars, the entry number, the names of
the parties, the nature of the document, the date, hour and minute it was presented and
received.
b) recording of the deed and other instruments relating to unregistered lands shall be effected
by any of annotation on the space provided therefor in the Registration Book, after the same
shall have been entered in the Primary Entry Book.

2. .if on face of instrument, it appears sufficient, the Register of Deeds shall record the instrument.
a) In case of refusal of Register to record, said official shall advise the party in interest in writing
of the grounds for refusal, and his right to appeal to a Consulta/ reference of doubtful matters
to the Commissioner of Land Registration.
b) Shall be without prejudice to a third party with a better right.

3. After recording on the Record Book, Register of Deeds shall endorse , upon the original recorded
documents, the file number and date and hour when the document was received for recording , as
shown in the Primary Entry Book.

It would then return to the registrant or other people in interest the duplicate of the instrument,
with appropriate annotations.

4. Tax liens, and other encumbrances and involuntary dealings on the unregistered lands, upon
complying with the forms provided by law, may also be admissible to be recorded under this
provision.
5. Register of Deeds shall also collect the appropriate fees.

3 of these - Reversion, Reconveyance, Re-issuance, Reconstitution, Quieting, Consulta, adverse

claim, Amendment

Reconveyance- legal and equitable remedy granted to the rightful land owner of land which has
been wrongfully or erroneously registered in the name of another for purpose of compelling the
latter to transfer or reconvey the land to him.

Reversion- Restoration of public land fraudulently awarded or disposed of to the mass of the
public domain. Director of Lands may still investigate, even if the title is indefeasible.

Amendment - No erasure, alteration, or amendment shall be made upon the registration book
after the entry of a certificate of title , except by order of court
Who may file: registered owner, or other persons having an interest in the property, or
the register of deeds

Re-issuance of owner’s duplicate (only owner’s duplicate is lost)- due notice under oath shall be
sent by the owner or by someone in his behalf to the Register of Deeds. Upon the petition of the
registered owner or other person in interest, the court may, after notice and due hearing, direct the
issuance of a new duplicate certificate

Reconstitution of Original Certificate of Torrens title- can be availed in 2 situations: (a)both

owner’s duplicate and orig were lost, (b) original copy in the register of deed was lost/destroyed.

Quieting- Whenever there is a cloud on title to real property or any interest therein which is
apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action
may be brought to remove such cloud or to quiet the title.

Consulta- When the Register of Deeds is in doubt where any party in interest does not agree
with the Register of Deeds with reference to any such instrument, question shall be submitted to
the Administrator of Land Registration by the Register of Deeds.

Adverse Claim- notice of a claim adverse to the registered owner, the validity of which is yet to
be established in court at some future date,

In Rem Proceedings:
1. Survey by Geodetic Engineer
2. Apply for reg before the court where land is located
3. Court sets for hearing and notice to LRA
4. In hearing, applicant proves that he has registrable title to property as provided under Section
14
5. If favored and has final judgment, court issues order to LRA to prepare and issue decree of reg
6. Certified true copy of decree is sent to register
7. Register of Deeds prepares orig cert of title and owner’s duplicate

Subsequent actions (voluntary):

Requirements: (Formalities)
-abide on the rules of contract (elements of contract must be present)
-formal requirements of public document
-executed in pub instrument
-signed by person/s executing
-all pages of deed must be signed
-in presence of two witnesses, also must sign
-acknowledged before a notary public, or any officer authorized by law to take
acknowledgement
-documents shall contain name, nationality,and residence of grantee
-must state marital status and name of spouse, if any
Section 44:

Statutory liens affecting title. Every registered owner receiving a certificate of title in pursuance of a
decree of registration, and every subsequent purchaser of registered land taking a certificate of title
for value and in good faith, shall hold the same free from all encumbrances except those noted in
said certificate and any of the following encumbrances which may be subsisting, namely:

First. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines
which are not by law required to appear of record in the Registry of Deeds in order to be valid
against subsequent purchasers or encumbrancers of record.

Second. Unpaid real estate taxes levied and assessed within two years immediately preceding
the acquisition of any right over the land by an innocent purchaser for value, without prejudice to
the right of the government to collect taxes payable before that period from the delinquent
taxpayer alone.

Third. Any public highway or private way established or recognized by law, or any government
irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of
such highway or irrigation canal or lateral thereof have been determined.

Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to,
Presidential Decree No. 27 or any other law or regulations on agrarian reform.