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Land Titles and Deeds (Atty Castro)

Land Titles and Deeds (Atty Castro)

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Published by: KrisLarr on Dec 03, 2012
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Atty. Rachel Tenefrancia-Castro LAND TITLES AND DEEDS  The Regalian doctrine does not negate NATIVE TITLE to lands held in private ownership since time immemorial. In Carino vs. Insular the Supreme Court ruled and recognized the existence of native title to land, or ownership of land by Filipinos b virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish Crown as an exception to the theory of jura regalia. Registration does not vest title. It is merely evidence of such title over a particular land. Our land registration laws does not give the holder any better title than what he actually has. Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of title over realty. It is merely evidence of ownership previously conferred by any of the recognized modes of acquiring ownership. A certificate of title issued pursuant to a public land patent has the same validity and efficacy as a certificate of title issued through ordinary registration proceedings. A certificate of title shall not be subject to collateral attack nor shall it be altered, modified or cancelled except in a direct proceeding in accordance with law. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years and not to exceed 1,000 hectares in area. Private corporations or associations are disqualified from acquiring alienable lands of the public domain. However, where at the time the corporation acquired the land, its predecessor-in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporations acquiring alienable lands of the public domain except through lease does not apply for the land was no longer public land but private property. If the possession of alienable and disposable land commenced only after June 12, 1945, one can still apply for registration of the property through prescription (Sec. 14[2] PRD). Properties classified as alienable public land may be converted into private property by ordinary prescription of 10 years or extraordinary prescription of 30 years, without need of title or good faith. Application for confirmation of title under the PRD:

 

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Atty. Rachel Tenefrancia-Castro 1. The public shall be given notice of the initial hearing by means of publication, mailing and posting. The requirement of giving notice by all three modes is MANDATORY.  Purpose of publication- (a) to confer jurisdiction upon the court over the res; and (b) to apprise the whole world of the pending registration case so that they may assert their rights or interests in the land, if any, and oppose the application, if so minded. A land registration is a proceeding in rem, and the proceeding requires constructive seizure of the land as against all persons, including the state. Publication is a newspaper is necessary to accord with the due process requirement. Publication in a newspaper of general circulation remains an indispensable procedural requirement.

2. AMENDMENT OF THE APPLICATION - Where the amendment consists in a substantial change in the boundaries or increase in area of land, or involve the inclusion of additional are, the amendment shall be subject to the same requirement of publication and notice as in the case of an original application. Where no publication has even been made except the initial publication, and this did not include the additional area, the registration court had no jurisdiction over the said included and additional area and its adjudication to the applicant over the additional area is a nullity. 3. ORDER OF GENERAL DEFAULT – if no person appears and answers within the time allowed, the court shall, up[on motion of the application, order a default to be entered and require the applicant to present evidence. The notice states :TO ALL WHOM IT MAY CONCERN” - all the world are made parties defendants and shall be included in the default order, the general default is addressed to the whole world. 4. ORDER OF SPECIAL DEFAULT – when an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer. This special order of default is directed only against those who did not enter their appearance and file an answer. 5. WHEN JUDGMENT BECOMES FINAL – the judgment rendered in a land registration case becomes final upon the expiration of fifteen (15) days to be counted from the date the party concerned receives notice thereof, including the Solicitor General who appears for the State. 6. Writ of possession in land registration cases –
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Atty. Rachel Tenefrancia-Castro

After the registration of a land is decreed in favor of the applicant, he as well as any subsequent purchaser of the property has the right to the title and possession of the land, and to that end he may ask the proper court for the issuance of a writ of possession, provided the same has not been issued before. A writ of possession may be issued not only against the person who has been defeated in a registration case but also against anyone unlawfully and adversely occupying the land or any portion thereof DURING the land registration proceedings UP TO THE ISSUANCE of the final decree. 7. Writ will NOT issue against persons taking possession AFTER issuance of final decree

When the parties against whom a writ of possession is sought entered into possession after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will, not issue. A person who took possession of the land after final; adjudication of the same in registration proceedings cannot be summarily ousted through a writ of possession secured by a mere motion and that regardless of any title or lack of title of persons to hold possession of the land in question, they cannot be ousted without giving them their day in court in proper independent proceedings. The remedy is to institute a separate action for unlawful entry or detainer or for reinvindicatory action, as the case may be. 8. Decree of registration cannot be issued until after the judgment becomes final Execution pending appeal is not applicable in land registration proceedings. It is fraught with dangerous consequences. Innocent purchasers may be misled into purchasing real properties upon reliance on a judgment which may be reversed on appeal. 9. The Torrens title becomes indefeasible and incontrovertible after one year from the issuance of the decree. 10. REMEDIES of aggrieved party: a. Motion for new trial or reconsideration – within the period for taking an appeal (15 days from receipt of the decision)

GROUNDS (FAME ; newly discovered evidence) b. c. Appeal – within 15 days from receipt of a copy of the decision Relief from judgment or relief from denial of appeal
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Atty. Rachel Tenefrancia-Castro Verified, filed within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than 6 months after such judgment or final order was entered, or such proceeding was taken d. Review of Decree (Sec. 32 PD 1529) Within one (1) year from the issuance of the decree of registration and that the registration was procured through actual fraud provided that the property has not passed to an innocent purchaser for value e. Reconveyance (Sec. 53 and 96) – provided the property has not passed to an innocent purchaser for value Damages (Sec. 32) Claim against the Assurance Fund Reversion (Sec. 101, CA No. 141 Annulment of Judgment Criminal Prosecution under the Revised Penal Code

f. g. h. i. k.

11. CADASTRAL PROCEEDINGS – in the absence of fraud, title to land in cadastral proceedings is vested on the owner, upon the expiration of the period to appeal from the decision or adjudication by the cadastral court, without such appeal being perfected, and from that time the land becomes registered property which cannot be lost by adverse possession. 12. Prohibition against alienation of lands acquired under the HOMESTEAD and FREE PATENT Provisions Sec. 118. Except in favor of the government or any of its branches, units or institutions or legally constituted banking corp. lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. No alienation, transfer, or conveyance of any homestead after 5 years and before 25 years after the issuance of title shall be valid without he approval of the Secretary of Agriculture and Natural Resources, x x x.

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Atty. Rachel Tenefrancia-Castro Any encumbrance made on the parcel of land acquired under a free patent or homestead within five years from the grant of such patent results in the cancellation of the grant and the reversion of the land to public domain. The prohibition starts from the date of approval up to and including the fifth year from and after the date of the issuance of the patent or grant. The patent is considered issued once the order for its issuance is promulgated and therefore, the five year period is computed from this date and not from the date of registration with the Register of Deeds or from the date of the certificate of title. 13. PERIOD OF REPURCHASE – When mortgage and conveyance allowed already, the 5-year period for legal redemption starts from the date of the execution of the deed of sale, and not from the date of registration in the office of the Register of Deeds. The five year period of redemption fixed in Sec. 119 of the PLA of homestead sold at extrajudicial foreclosure begins to run from the date after the expiration of the 1 year period of repurchase allowed in an extrajudicial foreclosure. Five year period starts to run after the expiration of the redemption period under Act. 3135, as amended, within which to exercise the right to repurchase under the PLA. 14. FORECLOSURES OF MORTGAGE:  MORTGAGOR’S EQUITY OF REDEMPTION – After the execution of a real estate mortgage, the mortgagor has an equity of redemption exercisable within the period stipulated in the mortgage deed. In case of judicial foreclosure, the equity of redemption subsists after the sale and before it is confirmed by the court. However, in case of judicial foreclosure of mortgage in favor of banking institutions, Sec. 78 of the General Banking Laws grants the mortgagor a right of redemption which may be exercised within one year from the sale – which is from the registration of the sale with the register of deeds.

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