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LTD serrano notes 2012

LTD serrano notes 2012

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Published by Shauna Herrera
ltd serrano notes 2012
ltd serrano notes 2012

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Published by: Shauna Herrera on Jul 14, 2013
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Shauna Herrera and Monica Delos Reyes
LAND TITLES AND DEEDS-J. SERRANO 2012
1
 
Lecture Notes #1
 June 21, 2012
Regallan Doctrine (Jura Regalla)
-translated as Royal Right-
land ownership emanates from the State
How did this doctrine come about: because of the Spanish conquest.King of Spain proclaimed ownership over alllands in the Philippines so that private landtitles can only be acquired from the governmenteither by PURCHASE or by GRANT.Forms of Grant by the State:1.
 
Titulo Royale (Royal Grant)2.
 
Concession Espesyal (Special Grant)3.
 
Composisyon Un Estado (AdjustmentTitle)4.
 
Titulo de Compra (Title by Purchase)5.
 
Processory Information TitleRD was adapted and enforced by the King of Spain
 Aspects of the Regallan Doctrine:1.
 
 All lands of the public domain belong to the State2.
 
Private Land Ownership or Titlemust emanate from the State by some form of Purchase or Grant3.
 
State is the source of any assertedright to ownership of land (andcharge in the concentration of such patrimony)4.
 
 All lands not otherwise appearingto be clearly within privateownership are presumed to belongto the StateConstitutional Basis for the RegallanDoctrine? YES
.1987 Constitution Art12 Sec2National Economy and Patrimony 
 All lands of the public domain, waters,minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State
. All lands of the public domain are owned by theState!1935 Constitution1973 Constitution Art14 Sec8
Exceptions to the rule that in order that aperson may claim ownership over aparcel of land
:*There must be a document showing that thereis a government grant or grant by the State1.
 
The Regallan Doctrine does not negatenative title to lands held in ownershipsince time in memorial (J. Kapunan,Cruz vs Sec. of Naturall Resources2000)Basis?
Carino vs Insular Government 
.Reversed the decision of the PhilippineSupreme Court, decided by the US SC.Penned by Justice Oliver WendellHolmes: In carino case, igorot, MatteoCarino, applied for the registration of hisname of an ancestral land located inBenguet. The applicant established thathe and his ancestors have lived on theland, had cultivated it and had used it asfar as they could remember. They alsoproved that they had all been recognizedas owners, the passed by inheritanceaccording to native custom but nodocument from the Spanish crowd.Government opposed the application forregistration invoking the theory of 
 juraregalla
, Regallan Doctrine. On appeal,United States SC held that applicant wasentitled to native title to their ancestralland.Justice Kapunan: Carino case wasdecided by the US SC in 1909 at the time when decisions of US were binding aspresident in our jurisdiction.SC applied in the Carino doctrine in the1946 case of 
Ocho vs Director of  Lands
:
 Any land that should have been inthe possession of an occupant and of his predecessors in interest since time in memorial 
(NativeTitle)
Purpose: Such possession would justify the presumption that :
1)
 
the land had never been part of the public domain;
 
Shauna Herrera and Monica Delos Reyes
LAND TITLES AND DEEDS-J. SERRANO 2012
2
 
2)
 
it had been private property even before the Spanishconquest
.
Cruz vs Natural Resources
Invoked the IGPRA 1971There is a presumption that land hadnever been part of a public domain
2.
 
Exclude properties/lands owned by the Church
 Why?
 King decided that he was not theowner of ecclesiastical property so heexcluded the properties of the RomanCatholic Church
.Therefore, titles over ecclesiastical
properties could not have passedto the US under the treaty of Paris, because these properties, meaningChurch properties, do not pertainto the government of Spain.
 
Definition of Terms:
1.
 
Land
solid part of the surface of the earth.2.
 
Land Title
 
generally refers to thatupon which ownership of land is based.Specific definition:
Evidence of the right of theowner or the extent of hisinterest and by which statesmaintains control and as arule, assert right to exclusivepossession and enjoyment of property.Possession vs OwnershipNOT THE SAME. One can ownsomething but does not havepossession.Example: Lease Contract
3.
 
Deed
 
 written document executedin accordance with the formprescribed by law where a persongrants /conveys to another, certainland, tenements or predicaments.Examples:Deed of Absolute SaleDeed of DonationDeed of Real Estate MortgageDeed of Assignment
7 Elements of the written law 
:
1.
 
Grantor2.
 
Grantee3.
 
 Words of Grant
convey,transfer, assign4.
 
Description of the property involved since deed refers tocontract or agreement musthave the elements of contract,OBJECT/SUBJECT MATTER of the contract5.
 
Signature of the Grantor Why?
 It is important because it establishes/proves thevoluntary act of the grantor inconveying/ transferring the property-CONSENT 
 6.
 
 Attested by at least 2 witnesses
7.
 
Notarial acknowledgement
 Document to be accepted (PD1529Sec112):Must be a
REGISTRABLEDOCUMENT
in a form prescribed by law In other words, must be a publicdocument in order to be registrable
Deed vs Land Title
Deed
document that grants or conveysthe land or a right of a land in favor of anotherLand Title
evidence of ownershipEx. Certificate of Title4.
 
Registration
 
strictest acceptationis the
entry made in the registry  which records solemnly andpermanently the rights of ownership and other realrights
(Cheng vs Genato)
 
Classification of Lands:1.
 
Immovable or Real (Art 415 par1 othe Civil Code)
2.
 
Public Dominion
owned by theState
Private Ownership
properties belonging to private persons(Art. 425 of the Civil Code)
 
Shauna Herrera and Monica Delos Reyes
LAND TITLES AND DEEDS-J. SERRANO 2012
3
 
3.
 
Private Lands
segregated fromthe general mass by any formof grant by the state which arein the possession of originalgrantees or their successors ininterest
 Public Lands
lands which havenot been segregated from thegeneral mass of the publicdomain
 **
Only PRIVATE LANDS are
registrable
under the TorrensSystem of Land RegistrationGeneral Classifications under theConstitution:
1.
 
Forest/Timber
2.
 
Mineral Lands
3.
 
 Agricultural Lands*only Agricultural landsmay be the subject toprivate ownership
4.
 
National parks (additional) Alienable/Disposable
 
 
susceptible of private appropriation/ownership;registrableInalienable Land of the public domain
lands which are not capable of appropriation/ownership; NOTregistrable lands
IMPORTANT CLASSIFICATION!
Registered
lands registered under theTorrens System of Land Registration
Unregistered
land that is not registeredunder the Torrens System of Land Registration
 
 Lands which are public/real properties whichare not subject to ownership; NOT registrable
RegistrableNon-Registrable
cannot be appropriated by private persons11 Examples covered by Supreme CourtDecsions
:
1.
 
Those devoted to General PublicUse
publicroads,streets,plazas,rivers,publicparks,canals,streams2.
 
Those devoted to Public Service-city town halls/fortresses these areessential to publicdefense/national safety 3.
 
Public Forest/Timberlands4.
 
Forest Reserves5.
 
Mineral Lands6.
 
Mangrove Swamps7.
 
Creeks8.
 
Lakes9.
 
Military Reservations10.
 
 Water Shed11.
 
 Alluvial deposits when mandated
Systems of Land Registration in the Philippines:
**It is important because the basis in theissuance of Certificates of Title; gives the ownerdocument showing his ownership over his a parcel of land 
1.
 
Torrens System of Land Registration
a.
 
PD 1529
i.
 
Land Registration Law  Act no.496ii.
 
Cadastral Act no. 2259 b.
 
Commonwealth Act 141
 
public land act basis forregistration of land2.
 
System of Recording for UnregisteredLandsa.
 
PD 1529 Sec 113 b.
 
194 of Revised AdministrativeCode as amended by Act No.3344*Spanish Mortgage Law-Abolished
7 Purposes/Effects of Registration:
*important for bar
1.
 
To quiet title to land (Sec.31)
a.
 
Legarda vs Prieto b.
 
 Act No. 496 -1978c.
 
 Primary and fundamental  purpose
: To finally settle thetitle to landsd.
 
 When land is once registered toTorrens System of LandRegistration (BEST EVIDENCEOF OWNERSHIP), title theretois settled and unimpeachableafter the expiration of 1yeare.
 
It is not subject to be boughtunder another action for theregistration
f.
 
to put a stop forever on thelegality of the title except

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