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LAND TITLES
LAND TITLE is the evidence of the owners right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property. DEED is the instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or assigned, or by which title to any real estate may be affected in law or equity. LAND REGISTRATION is a judicial or administrative proceeding whereby a persons claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. TORRENS SYSTEM is a system for registration of land under which, upon the landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. Legarda v. Saleeby, 31 Phil 590 (1915) PURPOSES: QUIP-CC 1. To quiet title to the land and to stop forever any question as to the legality of said title 2. To relieve the land of unknown claims 3. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized 4. To give every registered owner complete peace of mind 5. To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land 6. To avoid conflicts of title in and to real estate and to facilitate transactions. Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963) The registration of property is to: (1) avoid possible QuickTime real conflicts of title in and to and a property, and (2) TIFF (Uncompressed) decompressor are needed to see this facilitate transactions relativepicture. 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 merely administrative Proceeding is in rem (binding upon the whole world) CONCEPT OF TORRENS SYSTEM Does not create or vest title Only confirms (does not confer) ownership TORRENS TITLE is a certificate of ownership issued under the Torrens System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law. GENERAL RULE: A title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons
PROBATIVE VALUE OF THE TORRENS TITLE Torrens Title may be received in evidence in all courts in the Philippines, and shall be conclusive as to all matters contained therein, principally as to the identity of the land owner except so far as provided in the Land Registration Act. TYPES OF TORRENS CERTIFICATES OF TITLE 1. Original Certificate of Title: the first title issued in the name of the registered owner by the Register of Deeds (ROD) covering a parcel of land which had been registered by virtue of a judicial or administrative proceeding. 2. Transfer Certificate of Title: the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance. MODES OF ACQUIRING TITLE: 1. Public Grant A conveyance of public land by government to a private individual 2. Acquisitive Must be OCEN: in open, Prescription continuous, exclusive, and
Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig
3. Accretion
LAWS IMPLEMENTING LAND REGISTRATION 1. Property Registration Decree (P.D. 1529, as amended) 2. Cadastral Act (Act 2259, as amended) 3. Public Land Act (Commonwealth Act 141, as amended) 4. Emancipation Decree (P.D. 27, as amended) 5. Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended) ADMINISTRATION OF THE TORRENS SYSTEM 1. LAND REGISTRATION AUTHORITY (LRA) Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ Consists of an Administrator assisted by 2 Deputy Administrators FUNCTIONS OF THE LRA: SAC 1. Extend speedy and effective assistance to the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government 2. Extend assistance to courts in ordinary and cadastral land registration proceedings 3. Be the central repository of records relative to original registration of lands titled under the Torrens system, including the subdivision and consolidation plans of titled lands 2. REGISTER OF DEEDS (ROD) Constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated Headed by the Register of Deeds, assisted by a Deputy
4. Reclamation
5. Voluntary Transfer
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NOTE: Noncompliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts. WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: OPAL
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AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS 1. Striking out one or more The court may strike of the parcels of land out at any time applied for or by a severance of the application 2. Substantial change in New technical boundaries, increase in description and new area, inclusion of publication and notice additional land are necessary 3. Joinder, substitution, or File motion with court QuickTime and a TIFF of discontinuance of any (Uncompressed) decompressor are needed to see this picture. the parties 4. Decrease in area File motion with court; no need for new publication or notice Benin v. Tuason, 57 SCRA 531 (1974) Under Section 23 of Act 496, the registration court may allow, or order an amendment of the application
LIMITATION TO AREA APPLIED FOR: Maximum of 12 hectares (Sec. 3, RA 6940) WHO MAY BE APPLICANTS: FFPL 1. Filipino citizens who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12, 1945, or prior thereto, or ever since time immemorial (Oh Cho v. Dir. Of Lands, 75 Phil 890 [1946]) 2. Filipino citizens who by themselves or through their predecessors-in-interest have been, prior to the effectivity of PD 1073 (January 25, 1977), in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership, for at least 30 years, or at least since January 24, 1947 (RA 1942, Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]). 3. Private corporations or associations which had acquired lands, formerly part of the alienable and disposable lands of the public domain, from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]). 4. Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA 567 [1994]). NOTE: A private corporation may institute confirmation proceedings under Sec. 48(b) of CA 141 if at the time of the institution of the registration proceedings, the land was already private land (Director of Lands v. IAC and ACME, 146 SCRA 509 [1986]).
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND ACT In rem, judicial proceedings The decree of registration issued is conclusive and final Governed by court procedure and law of evidence WHEN TO FILE Extended up to December 31, 2020, as provided in Sec. 2 of RA 9176 Director of Lands v. Abairo, 90 SCRA 422 (1979) FACTS: Petitioner contended that CFI of Isabela should have dismissed the application for registration based on an imperfect or incomplete title because it has no jurisdiction over it inasmuch as it was filed on March 1, 1971, that is, after December 31, 1968, the expiry date for filing such kind of application under RA 2061. The latest extension of the period to December 31, 2020 within which to file said applications, as provided in Sec. 2, RA 9176, shall apply where the area applied for does not exceed 12 hectares.
TIFF (Uncompressed) decompressor ISSUE: are needed to see this picture. Whether or not the application is valid despite being filed after the period expired and before the extension was granted. QuickTime and a
HELD: YES. It is clear from the law itself that those who applied for judicial confirmation of their title at any time prior to the cut-off date of December 31,
Natividad v. CA, 202 SCRA 439 (1991) Determinative of this issue is the character of the parcels of land whether they were still public or already private when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply. WHAT APPLICANT MUST PROVE: The land is alienable and disposable land of the public domain, and His possession was for the length of time and in the manner and concept required by law NOTE: Form, Contents, Notice, Mailing, Posting Requirements are the same as those required in original registration under PD 1529. Director of Lands v. CA, 106 SCRA 426 (1981) A judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land, provided he thereafter complies with the provisions of Sec. 48 of CA 141, as amended and as long as said public land remains alienable and disposable. PROOF OF PRIVATE OWNERSHIP: STOP 1. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug. 16, 1976) 2. Tax declarations and tax payments (not conclusive evidence of ownership, must be coupled with proof of actual possession for the period required by law) 3. Other kinds of proof (ex. testimonial evidence QuickTime and a TIFF (Uncompressed) decompressor of sale) to prove accretion, deeds this picture. are needed to see 4. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee, a law ceding full ownership to a government institution) Santiago v. SBMA, GR No. 156888, November 20, 2006
such disability, and if a minor, his age 4. Description of the land and shall set forth the estate of the owner, and also show their relative easements, liens, attachments, and other encumbrances 5. Other matters to be determined in pursuance of the law PROCESS OF ISSUING THE OCT: 1. Within 15 days from finality of order of judgment directing registration of title court orders the LRA to issue decree of registration and certificate of title 2. Clerk of court will send order of court and copies of judgment 3. Writ of Demolition may be issued. The court has authority to order, as a consequence of the writ of possession issued by it, the demolition of improvements introduced by the defeated oppositor or his successor-in-interest 4. Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator, entered and file decree of registration in LRA 5. Send to ROD the original and duplicate of title and certificate for entry in his registration book 6. Enter in record book, dated, signed, numbered and sealed to take effect upon date of entry 7. ROD to send notice to registered owner ready for delivery after payment of fees 8. ROD shall send duplicate and note on each certificate of title to whom it is issued 9. Original copy to be filed in ROD 10. Bound in consecutive order ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED LANDS: 1. Free from liens and encumbrances a. Claims and liens of whatever character existing against the land prior to the issuance of the certificate of title are cut off by such certificate and the certificate so issued binds the whole world, including the government. b. EXCEPTIONS: CNT-PD Those noted on the certificate i. ii. Liens, claims, or rights arising or existing under the laws and the Constitution, which are not by law required to appear on record in the Register of Deeds in order to be valid iii. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser
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Sale Real property mortgage Lease Pacto de retro sale Extra-judicial settlement Free patent/homestead Powers of attorney Trusts An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owners duplicate certificate of title covering the land sold and pays the registration fees Need to present title to record the deed in registry & to make memorandum on title
VOLUNTARY DEALINGS Operative Act: registration by owner, if deed is not registered, it is binding only between parties GENERAL RULE: Where there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Fule v. Legare, 7 SCRA 351 [1963]). Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to go behind the certificate to determine the condition of the property. Even if a decree in a registration proceeding is infected with nullity, still, an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. CA & Suzara, 281 SCRA 491 [1997]). Although generally a forged or fraudulent deed is a nullity and conveys no title, however, there are instances where such a fraudulent document may become the root of a valid title.
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PROCESS OF REGISTRATION: (GENERALLY) 1. File the instrument creating or transferring the interest and the certificate of title with ROD, including: a. Owners duplicate b. Payment of fees and documentary stamp tax c. Evidence of full QuickTime andof real estate tax payment a TIFF (Uncompressed) decompressor are transf ee this additional copy for d. Document of needed to ser: 1picture. city/provincial assessor 2. ROD shall make a memorandum on the certificate of title, signed by him 3. Issuance of the TCT REGISTRATION OF REAL PROPERTY MORTGAGE: 1. Execution of deed in a form sufficient in law
REGISTRATION OF LEASE It is the lessee, not the lessor, who is required to initiate the registration. 1. File with ROD the instrument creating lease together with owners duplicate of certificate of title 2. ROD to register by way of memorandum upon certificate of title 3. No new certificate shall be issued NOTE: When there is prohibition in mortgaged property as regards subsequent conveyances, etc., leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. Creates a real right but without prejudice to rights of 3rd persons 2. If it is not registered, it is valid as between parties but not to 3rd persons without notice MAY ALIENS REGISTER LEASE? YES 1. May be granted temporary rights for residential purposes 2. Limit: 25 years, renewable for another 25 years WHO ELSE MAY REGISTER? Builder in Good Faith REGISTRATION OF TRUST 1. Implied Trust: present a sworn statement claiming interest by reason of an implied trust with description of land and reference to the number of certificate shall be registered in ROD 2. Express Trust: instrument creating the trust does not prohibit registration REGISTRATION OF APPOINTED TRUSTEE BY COURT Certified copy of decree shall be presented to ROD and surrender duplicate certificate Cancel duplicate & new certificate shall be entered by ROD
QuickTime and a INVOLUNTARY DEALINGS: decompressor TIFF (Uncompressed) Transactions are needed to see this picture. which affecting land in cooperation of registered owner is not needed, or even against his will
REGISTRATION OF ATTACHMENT/OTHER LIENS: 1. Copy of writ in order to preserve any lien, right, or attachment upon registered land may be filed with ROD where land lies, containing number of certificate of title of land to be affected or description of land 2. ROD to index attachment in names of both plaintiff and defendant or name of person for whom property is held or in whose name stands in the records 3. If duplicate of certificate of title is not presented: a. ROD shall, within 36 hours, send notice to registered owner by mail stating that there has been registration and request him to produce duplicate so that memorandum may be made b. If the owner neglects or refuses to comply, the ROD shall report the matter to the court c. The court, after notice, shall enter an order to owner to surrender certificate at the time and place named therein 4. Although notice of attachment is not noted in duplicate, notation in book of entry of ROD produces the effect of registration already. EFFECTS OF REGISTRATION OF ATTACHMENT: REEA 1. Creates real right 2. Has priority over execution sale 3. But between 2 attachments, one that is earlier in registration is preferred 4. If it is not registered, actual knowledge is the same as registration 2. EXECUTION SALE To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with ROD where land lies Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of registration of attachment a. TAX SALE Sale of land for collection of delinquent taxes and penalties due the government
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1. ATTACHMENT A writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights, credits, or effects of the defendant to satisfy demands
FORMAL REQUISITES OF AN ADVERSE CLAIM FOR PURPOSES OF REGISTRATION: WNR a. Adverse claimant must state the following in writing: 1. his alleged right or interest 2. how and under whom such alleged right or interest is acquired 3. the description of the land in which the right or interest is claimed 4. the certificate of title number b. Such statement must be signed and sworn to before a notary public c. Claimant shall state his residence or place to which all notices may be served upon him NOTE: Noncompliance with said formal requisites renders such adverse claim non-registrable and ineffective. PERIOD OF EFFECTIVITY; WHEN CANCELLED The adverse claim shall be effective for a period of 30 days from the date of registration and it may be cancelled: a. After the lapse of 30 days, upon the filing by the party-in-interest of a verified petition for such purpose b. Before the lapse of said 30 days, upon the filing by the claimant of a sworn petition withdrawing his adverse claim c. Before the lapse of the 30-day period, when a party-in-interest files a petition in the proper RTC for the cancellation of the adverse claim and, after notice and hearing, the court finds that the claim is invalid. If the court also finds the claim to be frivolous, it may fine the claimant the amount of not less than 1,000 pesos nor more than 5,000 pesos, in its discretion Diaz-Duarte v. Ong, 298 SCRA 388 (1998) For this purpose, the interested party must file with the proper court a petition for cancellation of adverse claim, and a hearing must also first be conducted. The Register of Deeds cannot on its own automatically cancel the adverse claim.
PROCEDURE OF REGISTRATION OF TAX SALE: 1. Officers return shall be submitted to the ROD together with the owners duplicate title 2. Register in the registration book 3. Memorandum shall be entered in the certificate as an adverse claim or encumbrance 4. After a period of redemption has expired and no redemption made (2 years from registration of auction sale), title must be cancelled and new title will be issued 5. Before the cancellation, notice shall be sent to registered owner, to ask him to surrender title and show cause why it shall not be cancelled 3. ADVERSE CLAIM Sajonas v. CA, 258 SCRA 79 (1996) ADVERSE CLAIM is a notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof. The disputed land is subject to the outcome of the dispute. Claim is adverse when: QuickTime and a 1. A claimants right ordecompressor in registered interest TIFF (Uncompressed) are needed land is adverse to see this picture. to the registered owner; 2. Such right arose subsequent to date of original registration 3. No other provision is made in the Decree for the registration of such right or claim (Sec. 70, PD 1529) Sanchez v. CA, 69 SCRA 327 (1976)
4. NOTICE OF LIS PENDENS Heirs of Marasigan v. IAC, 152 SCRA 253 (1987) The purpose of the notice of lis pendens is to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. It merely creates a contingency and not a lien WHEN NOTICE OF LIS PENDENS IS PROPER: RQCPO 1. To recover possession of real estate 2. To quiet title thereto 3. To remove clouds upon the title thereof 4. For partition, and 5. Any other proceeding of any kind in court directly affecting the title to the land or the use of occupation thereof or the building thereon. EFFECT OF REGISTRATION: 1. Impossibility of alienating the property in dispute during the pendency of the suit 2. It may still be alienated but the purchaser is subject to the final outcome of pending suit 3. ROD is duty-bound to carry over notice of lis pendens on all new titles to be issued CANCELLATION OF LIS PENDENS: M-NUVD Before final judgment, the court may order the cancellation: QuickTime and a TIFF (Uncompressed) decompressor 1. After showing that notice this picture. for purpose of are needed to see is only molesting an adverse party 2. When it is shown that it is not necessary to protect the right of the party who caused the registration thereof 3. When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party 4. ROD may also cancel by verified petition of
PROCEDURE: NN-CP-PAHD-DI 1. Notice of cadastral survey published once in OG and posted in conspicuous place with a copy furnished to the mayor and barangay captain 2. Notice of date of survey by the Bureau of Land Management and posting in bulletin board of the municipal building of the municipality or barrio, and he shall mark the boundaries of the lands by monuments set-up in proper places thereon 3. Cadastral survey 4. Filing of petition 5. Publication (twice in successive issues of OG), mailing, posting 6. Filing of answer 7. Hearing of the case 8. Decision 9. Issuance of the decree and certificate of title NOTE: The cadastral court is not limited to mere adjudication of ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land. Additionally, while the court has no jurisdiction to adjudicate lands already covered by a Certificate of Title, it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificates authenticity vis--vis the land covered therein (Republic v. Vera, 120 SCRA 210 [1983]). PD 1529 Voluntary Landowner Cadastral Compulsory Director of Lands all classes of lands are included
Government
no adverse claim if the applicant fails to prove his title, his application may be dismissed without prejudice (no res judicata)
if none of the applicants can prove that he is entitled to the land, the same shall be declared public (res judicata)
PATENTS CLASSIFICATION OF LAND OF PUBLIC DOMAIN: The classification is the exclusive prerogative of executive and not by judiciary Anyone who applies for confirmation of imperfect title has the burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine) UNDER THE CONSTITUTION: 1. Agricultural only one subject to alienation 2. Forest or timber 3. Mineral lands 4. National park UNDER THE PUBLIC LAND ACT: 1. Alienable/disposable: a. Agricultural b. Residential, commercial, industrial c. Educational, charitable d. Town sites and for public and quasipublic uses 2. Timber lands: inalienable 3. Mineral lands: inalienable If patent or title is issued, it is void ab initio for lack of jurisdiction It is not subject to acquisitive prescription even if in possession for long time, it will not ripen into ownership Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935 because there are vested rights which are protected
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Parties
usually involves private land it may also refer to public agricultural lands if the object ofQuickTime and a the TIFF (Uncompressed) decompressor are is actionneeded to see this picture. confirmation of an imperfect title Applicant and Government, opponent Landowners must come to court as claimants of their own lands
FREE PATENT
To any natural born citizen of the Philippines (filing ended Dec. 31, 2000)
SPECIAL PATENT
PROCEDURE FOR REGISTRATION OF PUBLIC LANDS: IFEFI 1. Official issues an instrument of conveyance 2. File the instrument with ROD 3. Instrument is to be entered in books and owners duplicate to be issued Instrument is only a contract between Government and private person and does not take effect as conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority for ROD to register 4. Fees to be paid by grantee 5. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system RESTRICTION ON ALIENATION/ENCUMBRANCE OF LANDS TITLED PURSUANT TO PATENTS: 1. Lands under free patent or homestead patent is prohibited from being alienated/encumbered, except if in favor of the government, within 5 years from and after the issuance of the patent or grant (Republic v. Heirs of Felipe Alejaga, Sr., 393 SCRA 361 [2002]) 2. Transfer or conveyance of any homestead after 5 years and before 25 years after the issuance of the title without the approval of the DENR Secretary 3. Lands acquired under emancipation patents issued to landless tenants and farmers must not be alienated or encumbered within 10 years from issuance of the title 4. Conveyances and encumbrances made by persons belonging to the non-Christian tribes may be made only when the person making the conveyance or encumbrance is able to read and understand the language in which the
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CANCELLATION SUITS
ANNULMENT OF JUDGMENT
REVERSION SUIT
CRIMINAL ACTION
QUIETING OF TITLE
ASSURANCE FUND State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the indefensibility of title; following that act of registration is operative act by which State transfers title It is created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. Upon entry of certificate in name of owner or TCT, of 1% shall be paid to the ROD based on assessed value of land as a contribution to the assurance fund If there is yet no assessment, a sworn declaration of 2 disinterested persons on the value of the land, subject to determination by court, is required. Money shall be in the custody of the National Treasurer who shall invest it until principal plus interest aggregates to 500,000. The excess shall be paid to the Assurance Fund and be included in the annual report of Treasurer to Secretary of Budget WHO IS ENTITLED: 1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land. In short, he is deprived of his land or interest therein 2. No negligence attributable to him 3. Claimant is barred from filing action to recover said land 4. Action to recover from assurance fund has not prescribed LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS: 1. Breach of trust 2. Mistake in resurvey resulting in expansion of area in certificate of title
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2. ADVERSE CLAIM IN REGISTERED LAND Different from lis pendens: Lis pendens has no expiration period but adverse claim is only for 30 days: Lis pendens is a notice that property is in litigation while adverse claim signifies that somebody is claiming better right Recent ruling: adverse claim can only be removed upon court order, therefore, it is considered to be the more permanent and stable one as compared to lis pendens 3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE In voluntary and involuntary conveyances: when the duplicate cannot be produced, the party must petition the court to compel the surrender of duplicate certificate of title to ROD After hearing, the court may order issuance of a new certificate and annul the old certificate The new certificate shall contain an annotation regarding the annulment of the old certificate 4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding Entries in registration books are not allowed to be altered except by order of court Grounds: 1. New interest that does not appear on the instrument have been created 2. Interest have been terminated or ceased 3. Omission or error was made in entering certificate 4. Name of person on certificate has been changed 5. Registered owner has married 6. Marriage has terminated 7. Corporation which owner registered
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MEASURE OF DAMAGES: Based on amount not greater than fair market value of land Amount to be recovered not limited to 500,000 which is maintained as standing fund If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND: 1. Any court of competent jurisdiction: RTC in city where property lies or resident of plaintiff 2. Action prescribes in 6 years from time plaintiff actually suffered loss 3. If plaintiff is minor, insane or imprisoned, he has additional 2QuickTime andafter disability is years a TIFF (Uncompressed) decompressor removed toare needed to see this picture.notwithstanding file action expiration of regular period PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION: 1. LOST DUPLICATE CERTIFICATE Sworn statement that certificate is lost to be filed by person in interest with ROD Petition to court for the issuance of new
confirming the sale, and that TCT No. 8502 was never lost. The Zaldivars, on the other hand, claimed that Aurelio bought the property from Dalman who, in turn, bought the same from Gil in 1951. Gil allegedly purchased the property from Remegia, the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before the notary public in 1965. Aurelio then filed a petition for the issuance of a new owners duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partial cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelios name. They also allege that they and their predecessors-in-interest have been occupying the said property since 1947, openly, publicly, adversely, and continuously or for 41 years already. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. The trial court correctly held that the CFI which granted Aurelios petition for issuance of new owners duplicate copy of TCT No. 8502 did not acquire jurisdiction. It has been consistently held that when the owners duplicate certificate of title has not been lost, but is in fact in the possession of another person, then the reconstituted certificate is void, because the court that rendered the decision had no jurisdiction. Consequently, the issuance of TCT No. 17993 is also void, emanating as it did from the void TCT No. 8502 in Aurelios name. The indefeasibility of a Torrens title does not apply where fraud attended the issuance of the title, such as when it was based on void documents. 6. REGISTRATION OF TRANSACTION EVIDENCED BY LOST DOCUMENT ROD is forbidden to effect registration of lost or destroyed documents Steps by interested parties: 1. Procure an authenticated copy of lost or destroyed instrument 2. Secure an order from court OFFENSES IN LAND REGISTRATION: 1. Larceny 2. Perjury: false statement under oath 3. Fraudulent procurement of certificate 4. Forgery
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Remigia alleged that she was the registered owner of a lot, part of which is that covered by the above TCT, and with TCT No. 8502. It was originally leased to Pio Dalman, Aurelios father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies that she and her uncle never executed a joint affidavit
System of registration for unregistered land under the Torrens System (Act 3344) Before: covers voluntary dealings Now: it includes involuntary dealings Effect: if prospective, it binds 3rd persons after registration but yields to better rights of 3rd person prior to registration (limited effect to 3rd parties) Reason: no strict investigation involved Subsequent dealings are also valid if recorded ROD keeps day book and a register, and an index system is also kept Procedure: 1. Presentment of instrument dealing in unregistered land 2. If found in order, register 3. If found defective, then registration is refused writing his reason for refusal
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