REFORMS IN PROPERTY REGISTRATION, MORTGAGES, SUDIVISIONS AND CONDOMINIUMS Justice Oswaldo D.

Agcaoili Philippine Judicial Academy Supreme Court THE NATIONAL TERRITORY The national territory consists of the terrestrial domain, the maritime and fluvial domain, and the aerial domain. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. (Art. I, Constitution) THE PHILIPPINE ARCHIPELAGO What is an archipelago? Territorial sea 12 miles from baseline Contiguous zone 12 miles from outer limits of territorial sea Economic zone 200 miles from low-water mark TERRITORIAL SEA Adopt laws and regulations for the: conservation of the living resources of the sea; prevention of infringement of its fisheries laws; preservation of the environment and prevention, reduction and control of pollution; and prevention of infringement of its customs, fiscal, immigration or sanitary laws and regulations CONTIGUOUS ZONE Authority and control to: prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial waters, and punish infringement of the above laws and regulations. Authority and control to:

 prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial waters, and punish infringement of the above laws and regulations. EXCLUSIVE ECONOMIC ZONE Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural and economic resources of the sea Jurisdiction with regard to: the establishment and use of artificial islands, installations and structures, marine scientific research, and the protection and preservation of the marine environment. CONTINENTAL SHELF Sovereign rights to: explore and exploit the natural resources over the continental shelf, erect installations and equipment as may be necessary, and establish a safety zone over its installations with a radius of 500 meters for the protection of properties underneath. GENERAL PRINCIPLES The purpose of the Torrens system of registration is to quiet title to land. Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of title over realty. It is a means of confirming the fact of its existence with notice to the world at large. Registration under the Torrens system is a proceeding in rem. REGALIAN DOCTRINE All lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State Article XII, Section 2 of the 1987 Constitution articulates principle ANCESTRAL LANDS AND DOMAINS

 Ancestral domains are private lands belonging to ICCs/IPs (RA 8371, Indigenous Peoples Rights Act; Cruz v. DENR Secretary, 347 SCRA 128) Modes of Acquisition: (a) native title; and (b) Torrens title via a petition for registration under PD 1529 or CA 141 SALIENT PROVISIONS OF IPRA The State recognizes the rights of indigenous cultural communities to their ancestral lands and cultural well-being Case of Cario v. Insular Government private owership by native title Cultural communities have priority rights in the exploitation of natural resources Delineation of ancestral lands to be determined by ICCs according to traditions IPRA converts ancestral lands as agricultural lands for registration purposes Rights of ownership may be transferred only to members of ICCs Generally, no ancestral land may be opened for mining without prior consent of ICCs concerned NCIP formulates policies, resolves conflicts, issues/cancels CADT/CALT ADO responsible for management of lands and implementation of ancestral domain rights PURPOSE OF REGISTRATION To quiet title to land; to put a stop forever to any question of the legality of the title, except those which were noted at the time of registration or which may arise subsequent thereto; to decree land that shall be final, irrevcocable and indisputable; and to relieve the land of the burden of known and unknown claims. REGISTRATION NOT A MODE OF ACQUIRING OWNERSHIP Reqistration is merely a procedure to establish evidence of title over realty. It is a means of confirming the fact of its existence with notice to the whole world. A certificate is not a source of right it merely confirms or records a title already existing and vested. REGISTRATION OF LANDS: GOVERNING LAWS Property Registration Decree (PD No. 1529, June 11, 1978) Public Land Act (CA No. 141, Sec. 48[b], as amended, Nov. 7, 1936)

Cadastral Act (Act No. 2259, Feb. 11, 1913) Indigenous Peoples Rights Act (RA No. 8371, Oct. 29, 1997)

JURISDICTION OVER REGISTRATION CASES Jurisdiction is vested in: Regional Trial Courts First Level Courts in cases (a) covering lots without controversy or opposition, or (b) contested lots where the value does not exceed P100,000.00 Decisions of the first level courts appealable to the Court of Appeals JURISDICTION IN CIVIL CASES Under Sec. 19(2), BP 129, RTCs shall exercise exclusive original jurisdiction in all civil actions involving title to, or possession of, real property, or any interest therein, where assessed value of the property exceeds P20,000.00, or for civil actions in Metropolitan Manila, where such value exceeds P50,000.00, except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon first level courts. Sec. 2, PD 1529 has eliminated the distinction between the courts general jurisdiction and limited jurisdiction It is now authorized to hear and decide not only non-controversial cases but even contentious and substantial issues Registration court is not divested of its jurisdiction by administrative act for the patent. CLASSIFICATION OF LANDS 1. Agricultural (may be further classified according to the use intended) 2. Forest or Timber 3. Mineral Lands and 4. National Parks (Sec 3, Art. XII, Constitution) CLASSIFICATION OF LANDS Classification of public lands is an exclusive prerogative of the executive department. Only agricultural lands may be the subject of alienation and disposition For purposes of their administration and issuance of

disposition, A and D lands are classified according to their use or purpose as: Agricultural Residential, commercial, industrial or for similar productive purposes Educational, charitable, or other similar purposes Reservations for townsites and for public or quasi-public uses

FUNCTIONS OF LRA Issues decrees of registration Exercises supervision and control over all Registers of Deeds Resolves cases elevated en consulta Exercises executive supervision over all clerks of court and personnel Approves subdivision and consolidation survey plans DUTY OF LRA TO ISSUE DECREE 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. In case of doubt upon, the duty is to refer the matter to the courtThere shall be at least one Register of Deeds for each province and one for each city. Registration of instruments affecting registered land must be done in the proper registry in order to affect and bind the land . Registration in the public registry is notice to the whole world. Registration does not validate an otherwise invalid instrument. Thus, between two buyers of the same land registered under the Torrens system, priority is given to: (1) the first registrant in good faith; (2) then, the first possessor in good faith; and (3) finally, the buyer who in good faith presents the oldest title. This rule, however, does not apply if the property is not registered under the Torrens system

REGISTER OF DEEDS Duty of the Register of Deeds to register deeds and other instruments affecting registered land is ministerial. Exceptions: Where only one of several copies of the title is presented. Where property is presumed conjugal but deed contains signature of only one spouse. Where validity of conveyance is in issue.