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Civil Law
SUMMER REVIEWER
—Adviser:
Dean Cynthia Roxas-Del Castillo
; Heads:
Joy Marie Ponsaran, Eleanor Mateo
; Understudies:
Joy StephanieTajan, John Paul Lim;
Subject Head:
Shelly Lim
; Pledgees:
Nicole Batingana, Timothy Joseph Lumauig
—
LAND
TITLES
LAND TITLE
is the evidence of the owner’s right orextent of interest, by which he can maintain controland as a rule assert right to exclusive possession andenjoyment of property.
DEED
is the instrument in writing by which any realestate or interest therein is created, alienated,mortgaged, or assigned, or by which title to any realestate may be affected in law or equity.
LAND REGISTRATION
is a judicial or administrativeproceeding whereby a person’s claim over aparticular land is determined and confirmed orrecognized so that such land and the ownershipthereof may be recorded in a public registry.
TORRENS SYSTEM
is a system for registration ofland under which, upon the landowner’s application,the court may, after appropriate proceedings, directthe issuance of a certificate of title.
Legarda v. Saleeby,
31 Phil 590 (1915)
PURPOSES: QUIP-CC
1. To
q
uiet title to the land and to stop forever anyquestion as to the legality of said title2. To relieve the land of
u
nknown claims3. To guarantee the
i
ntegrity of land titles and toprotect their indefeasibility once the claim ofownership is established and recognized4. To give every registered owner complete
p
eace of mind5. To issue a
c
ertificate of title to the owner whichshall be the best evidence of his ownership ofthe land6. To avoid
c
onflicts of title in and to real estateand to facilitate transactions.
Capitol Subdivision, Inc. v. Province of Negros
Occidental,
7 SCRA 60 (1963)The registration of property is to: (1) avoid possible conflicts of title in and to real property, and (2)facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, EXCEPT when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.
NATURE
OF
TORRENS
SYSTEM
•
Judicial in character and not merelyadministrative
•
Proceeding is
in rem
(binding upon the wholeworld)
CONCEPT OF TORRENS SYSTEM
•
Does not create or vest title
•
Only confirms (does not confer) ownership
TORRENS TITLE
is
a
certificate of ownership issuedunder the Torrens System, through the Register ofDeeds, naming and declaring the owner of the realproperty described therein, free from all liens andencumbrances except such as may be expresslynoted there or otherwise reserved by law.
•
GENERAL RULE:
A title once registeredcannot be impugned, altered, changed,modified, enlarged, or diminished
•
EXCEPTION:
Direct proceeding permitted bylaw, usually for the protection of innocent thirdpersons
PROBATIVE VALUE OF THE TORRENS TITLE
•
Torrens Title may be received in evidence in allcourts in the Philippines, and shall beconclusive as to all matters contained therein,principally as to the identity of the land ownerexcept so far as provided in the LandRegistration Act.
TYPES OF TORRENS CERTIFICATES OF TITLE
1.
Original Certificate of Title:
the first titleissued in the name of the registered owner bythe Register of Deeds (ROD) covering a parcelof land which had been registered by virtue of a judicial or administrative proceeding.2.
Transfer Certificate of Title:
the title issuedby the ROD in favor of the transferee to whomthe ownership of the already registered landhad been transferred by virtue of a sale orother modes of conveyance.
MODES OF ACQUIRING TITLE:
1. Public Grant
•
A conveyance of publicland by government to aprivate individual
2. AcquisitivePrescription
•
Must be
OCEN:
in
o
pen,
c
ontinuous,
e
xclusive, and
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Civil Law Summer Reviewer
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n
otorious possession
•
If in good faith & with justtitle
:
10 yrs. uninterruptedpossession is required
•
If in bad faith & without justtitle
:
30 yrs. continuouspossession is required
•
Only available if the landpossessed is public land
that is alienable anddisposable
•
A property registered underthe provisions of PD 1529is not subject toprescription
•
Prescription is unavailingnot only against theregistered owner, but alsoagainst his hereditarysuccessors3. Accretion
Requisites
:1. The deposit of soil orsediment be gradual andimperceptible,2. It is the result of the curretof the waters (river/sea),and3. The land where accretiontakes place is adjacent tothe banks of rivers or thesea coast
•
Accretion to registeredlands need new registration
•
No human intervention
•
The current causing thealluvial deposit must befrom a river. If it is from thesea, the deposit will pertainto the state.
(Government of the Phils. v. Cabangis 53 phil 112 [1929])
4. Reclamation
•
Filling of submerged landby deliberate act andreclaiming title thereto
•
Must be initially owned bygovernment
•
May be subsequentlytransferred to privateowners5. VoluntaryTransfer
•
Private grant
•
Voluntary execution ofdeed of conveyance
•
Contractual relationshipbetween the parties
•
Consensual6. InvoluntaryAlienation
•
No consent from the ownerof land
•
Forcible acquisition by theState7. Descent orDevise
•
Hereditary succession tothe estate of deceasedowner8. EmancipationPatent/Grant(Certificate of LandOwnership Award)
•
To ameliorate the sadplight of tenant-farmers
•
Such grant is nottransferable except byhereditary succession
LAWS IMPLEMENTING LAND REGISTRATION
1. Property Registration Decree (P.D. 1529, asamended)2. Cadastral Act (Act 2259, as amended)3. Public Land Act (Commonwealth Act 141, asamended)4. Emancipation Decree (P.D. 27, as amended)5. Comprehensive Agrarian Reform Law of 1988(R.A. 6657, as amended)
ADMINISTRATION OF THE TORRENS SYSTEM1. LAND REGISTRATION AUTHORITY (LRA)
•
Agency charged with the efficient executionof the laws relative to the registration oflands, under the executive supervision ofthe DOJ
•
Consists of an Administrator assisted by 2Deputy Administrators
FUNCTIONS OF THE LRA: SAC
1. Extend
s
peedy and effective assistance tothe Dept. of Agrarian Reform, the LandBank, and other agencies in theimplementation of the land reform programof the government2. Extend
a
ssistance to courts in ordinary andcadastral land registration proceedings3. Be the
c
entral repository of records relativeto original registration of lands titled underthe Torrens system, including thesubdivision and consolidation plans of titledlands
2. REGISTER OF DEEDS (ROD)
•
Constitutes a public repository of records ofinstruments affecting registered orunregistered lands and chattel mortgagesin the province or city wherein such officeis situated
•
Headed by the Register of Deeds, assistedby a Deputy
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FUNCTIONS OF THE ROD: IPDI
1.
I
mmediately register an instrumentpresented for registration dealing with realor personal property which complies withthe requisites for registration2. Shall see to it that said instrument bearsthe
p
roper documentary and sciencestamps and that the same are
p
roperlycancelled3. If the instrument is not registerable, heshall
d
eny the registration thereof andinform the presentor of such denial inwriting, stating the ground or reasontherefore, and advising him of his right toappeal by
consulta
in accordance with Sec.117 of PD 15294. Prepare and keep an
i
ndex system whichcontains the names of all registeredowners and lands registered
Baranda v, Gustilo,
165 SCRA 757 (1988)The function of the ROD with reference to registration of deeds, encumbrances, instruments, and the like is ministerial in nature.
Ledesma v. Villaseñor,
13 SCRA 494 (1965)It is enough that in the ROD’s opinion an instrument is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing of interested parties.
Almirol v. ROD of Agusan,
G.R. No. L-22486, Mar.
20, 1968 The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction, and not to the ROD.
Balbin v. ROD,
28 SCRA 12 (1969)Instances when the ROD may validly deny registration of a voluntary instrument: 1. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD 2. Where the voluntary instrument bears on its face an infirmity 3. Where the validity of the instrument sought to be registered is in issue in a pending court suit a. Notice of pending suit must be given to parties b. Registration may be suspended
Gallardo v. IAC,
155 SCRA 248 (1987)The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be verified and acknowledges before a notary public or other public officer authorized by law to take acknowledgement.
NOTE:
When the ROD is in doubt as to the properaction to take on an instrument or deed presented tohim for registration, he should submit the question tothe Administrator of the LRA
en consulta
(
Section 117, PD 1529
).
NON-REGISTRABLE PROPERTIES
Article 420NCC1. Those intended for public use,such as roads, rivers, torrents,ports and bridges constructedby the State, banks, shores,roadsteads, and others ofsimilar character
2. Those which belong to theState, without being for publicuse, and are intended for somepublic service or for thedevelopment of the nationalwealth.
Arts. 5 & 6,Water Code(PD 1067 )1. Rivers and their natural beds;
2. Continuous or intermittentwaters of springs and brooksrunning in their natural bedsand the beds themselves;
3. Natural lakes and lagoons;
4. All other categories of surfacewaters such as water flowingover lands, water form rainfallwhether natural or artificial, andwater from agriculture runoff,seepage and drainage;5. Atmospheric water;6. Subterranean or ground water;7. Seawater;
Found in private lands:
8. Continuous or intermittentwaters rising on such lands;9. Lakes and lagoons naturallywaters rising on such lands;10. Rain water and falling on suchlands;11. Subterranean or groundwaters; and12. Waters in swamps andmarshesRegalianDoctrine underthe 1935, 1973,and 1987ConstitutionForest or timberland, public forest,forest reserves lands, minerallands
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wher it was issued to????
what is decree no.423087
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land titles and deeds reviewer