LAND TITLES AND DEEDS

Chapter I INTRODUCTION

A. CONCEPTS AND DEFINITIONS 1. THE TORRENS SYSTEM A system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title (Black’s Law Dictionary). 2. LAND TITLE Evidence of the right of the owner or the extent of his interest, and by which means he can maintain control, and as a rule assert right to exclusive possession and enjoyment of property. 3. DEED A written instrument executed in accordance with law, wherein a person grants or conveys to another certain land, tenements, or hereditaments. 4. FEE SIMPLE Absolute title; absolute estate in perpetuity. Land is conferred upon man and his heirs absolutely and without any limitation imposed upon the State. 5. REGISTRATION The State provides a public record of the title itself upon which a prospective purchaser or someone else interested may rely. 6. RECORDING Provides the recording of conveyance and other instrument without guaranteeing the title, leaving to the prospective purchasers or other persons interested to examine the instruments in the records and formulate their own conclusions as to their effect on the title. B. NATURE Land registration is a proceeding in rem (Sec. 2, PD 1529). A proceeding in rem, dealing in tangible res, may be instituted and carried to judgment, without personal service (Roxas v. Enriquez; 29 Phil. 31). Case Summary Roxas v. Enriquez; 29 Phil. 131 Facts: Petitioner Roxas filed a petition for the correction of the certificate of title that was previously issued to her so as to include several buildings upon the lands included in her petition. C. PURPOSE OF REGISTRATION The real purpose of the system is to quiet title to land; to put a stop forever to any questions of the legality of the title, except claims which were noted at the time of the

registration, in the certificate, or which may arise subsequent thereto (Legarda v. Saleeby). To establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer (Grey Alba v. Court of Appeals). D. JURISDICTION 1. Regional Trial Courts of the province or city where the land or a portion of it lies, and land registration proceedings and over all petitions filed after original registration of titles (Sec. 2, PD 1529). 2. Municipal/Metropolitan Trial Courts for cadastral and land registration cases covering: a. Lots without controversy or opposition; and b. Contested lots where the value does not exceed P100,000.00 (Sec. 34, BP 129).

Chapter II TORRENS CERTIFICATE OF TITLE A. KINDS 1. Original Certificate of Title (OCT) The first title issued in the name of a registered owner by the Register of Deeds covering a parcel of land which had been registered under the Torrens System, by virtue of judicial or administrative proceedings. 2. Transfer Certificate of Title (TCT) The certificate shall show the number of the next previous certificate covering the same land and also the fact that it was registered, giving the record number, the number of the original certificate of title, and the volume and page of the registration book in which the latter is found (Sec. 43, PD 1529). 3. Patents Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of [PD 1529]. It shall be the duty of the official issuing the instrument of alienation, grant, patent of conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance. The deed, grant, patent or instrument of conveyance form the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land (Sec. 103, PD 1529). B. ENFORCEABILITY OF TORRENS TITLE The title, once registered, is notice to the world. All persons must take notice. No one can plead ignorance of the registration (Egao v. Court of Appeals).

Hearing i. A certificate of tie cannot be used to protect a usurper from the true owner or as a shield for the commission of fraud (Vagalidad v. EFFECT OF REGISTRATION Registration does not vest or give title to the land. 161136). File the application with the survey attached for land registration with the appropriate court. LAWS GOVERNNG LAND REGISTRATION 1. 1529 (PD 1529) The Property Registration Decree covers both ordinary and cadastral registration proceedings. It applies to lands of the public domain which have been declared open to disposition or concession and officially delimited and classified. making it imprescriptible by occupation of third parties. Commonwealth Act 141 (CA 141) The Public Land Act governs the procedure for the judicial confirmation of imperfect or incomplete titles. the same shall be brought forthwith under the operation of the said decree. It supersedes the Land Registration Act and the Cadastral Act. g. f. 3. Court sets initial hearing. It does not give the owner any better title that he has. Presidential Decree No. B. but merely confirms and thereafter protects the title already possessed by the owner. Filing of opposition to the application. Under Section 103 of PD 1529. No. d. Survey the land. Determine if you are qualified to apply. It expressly converts ancestral lands. 8371 (RA 8371) The Indigenous Peoples Rights Act of 1997 recognizes the rights of ownership and possession of Indigenous Cultural Communities to their ancestral domains and lands on the basis of native title.Chapter III ORIGINAL REGISTRATION A. Publication of the initial hearing. Determine if the land is registrable. c. Judgment j. whenever public land is alienated. Registration is not a mode of acquiring ownership. Vagalidad. h. and individual members of the cultural communities shall have the option to secure title to their ancestral lands under CA 141 or PD 1529. Republic Act No. granted. Issuance of the decree. G. e. conveyed to any person by the Government. . 2.R. and defines the extent of these lands and domains. ORIGINAL REGISTRATION PROCEEDINGS 1. C. b. Steps in Original Registration Proceedings a.

It must be classified as such at the time of the filing of the application for registration (Republic v. iii. Civil Code).000 sq. 3. and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. the vendor a retro may file an application for the original registration of the land but should the period for redemption expire during the registration proceedings and ownership consolidated in the vendee a retro. and are intended for some public service or for the development of the national wealth (Article 420. 7. . all other natural resources shall not be alienated (Section 2 & 3. 1945 or earlier. Non Registrable Lands i. the land must be classified as alienable and disposable. without being for public use. XII.2. Those who have acquired ownership of land in any other manner provided for by law. forest reserves. roadsteads. b. except: a. ports and bridges constructed by the State. and b. b. XII.000 hectares for 25 years and renewable for not more than 25 years (Sec. d. Article XII. If co-owned. 3. Those who by themselves or through their predecessors in interest have been in open. Those intended for public use. for urban land and 3 hectares for rural land (See RA 7042. Natural-born citizens who have lost their citizenship. Private Lands If in the public domain. file the application jointly. Court of Appeals & Naguit. such as roads. A trustee may apply for original registration. and mineral lands (Sec. Constitution). as amended by RA 8179). As for private corporations. Registrable and Non-Registrable a. 144057). With the exception of agricultural lands. Art. public forests. they may not hold such alienable lands of the public domain except by lease of 1. Constitution). Those who have acquire ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. Constitution). banks. in which case they are only limited to 5. shores. Private lands may be owned for as long as the corporation is at least 60% of its controlling capital stock is owned by Filipino citizens (Sec. Forest or timberland. Art. Applicants must be natural-born Filipino citizens. PD 1529).R. Those which belong to the State. and others of similar character. If sold under pacto de retro. c. 3. Those who have acquired ownership of private lands by prescription under the provision of existing laws. m. XII. Applicant Qualifications a. Aliens by way of hereditary succession. No. 2. Constitution). ii. Art. rivers. the latter shall be substituted for the applicant. exclusive. torrents. G. unless prohibited by the instrument creating the trust (Sec.14. continuous.

If there is more than one applicant. Writing. The citizenship and civil status of the applicant. it shall state the extent of the search made to find them. d. If the marriage has been legally dissolved. e. he shall file an instrument appointing a resident agent in the Philippines. Court of Appeals). If the applicant is a non-resident of the Philippines. It must be accompanied by the original tracing cloth plan. and (3) posting. If not known.4. Once in the Official Gazette (sufficient to confer jurisdiction) and . Initial Hearing The court shall issue an order setting the date and hour of the initial hearing within five days form filing of the application. a. the name of the wife or husband. 6. The description of the land. A person claiming ownership of real property must clearly identify the land claimed by him (Intestate Estate of Don Mariano San Pedro v. Full names and addresses of all occupants and those of the adjoining owners. if known. when and how. By Publication The Administrator of the Land Registration Authority shall cause it to be published: i. the application shall be signed and sworn by and in behalf of each. i. If the application describes the land as bounded by a public or private way or road. 5. It shall contain (Sec 15. If married. ii. Presidential Decree 1529 withdrew the authority of the Land Registration Authority to approve original survey plans. it shall state whether or not the applicant claims any portion of the land within the limits of the way or road. PD 1529). Survey The survey may be done by a public or private surveyor. Signed and sworn to by the applicant or the person duly authoried in his behalf. c. Application The application for land registration shall be in: a. (2) mailing. The initial hearing shall be 45-90 days from the date of the order (Sec. and shall agree that service of any legal processes to said agent shall be service upon him (Sec. When done by a private surveyor it has to be approved by the Land Management Bureau. the original and copies of the technical description and geodetic engineer’s certification. 20. PD 1529): a. 23. and whether the applicant desires to have the line of way or road determined (Sec. PD 1529). white or blue copies thereof. Publication The public shall be notified of the initial hearing by means of (1) publication. PD 1529). 7. and b. The court may also cause the notice to be served and in such manner as it may deem proper. 16. b.

Every person named in the notice whose address is known. the Director of Mines and/or the Director of Fisheries and Aquatic Resources (as appropriate).ii. navigable stream or shore. 9. the Director of Lands. upon motion order a default to be recorded. One in a newspaper of general circulation in the Philippines. the Solicitor General. iii. c. The known adjoining land owners so far. or an arm of the sea where a river or harbour line has been established. Where an appearance has been entered and an answer filed. By Mailing Within 7 days from publication in the Official Gazette. and to the Mayor of the municipality or city. All persons appearing to have an interest in the land. Opposition Any person claiming an interest may appear and file an opposition: i. all the world are made parties defendant and shall be concluded by the default order. to the Provincial Governor. ii. The opposition shall state: It shall be signed and sworn to by him or some other duly authorized person ( Sec. if the applicant requests to have the line of a public way or road determined. . PD 1529). Tax declarations and receipts are not conclusive but have strong probative value when accompanied by proof of actual possession (Municipality of Santiago v. The notice is addressed to: b. By the description in the notice “To Whom It May Concern”. The Secretary of Public Works and Highways. or if it otherwise appears from the application or the proceedings that a tenant-farmer or the National Government may have a claim adverse to the that of the applicant. Court of Appeals). PD 1529). ii. ii. iii. a default order shall be entered against persons who did not appear and answer (Sec. ii. iii. and The interest claimed by the party. By Posting 8. the Administrator shall mail a copy of the notice to: i. All the objections. Tayag). 26. i. If no person appears and answers within the time allowed. 25. Hearing Proof of Ownership a. i. or on a lake. in which the land lies. and The remedy desired. On or before the date of initial hearing. The Secretary of Agrarian Reform. b. the court shall. but payment in one lump sum to cover all past taxes is “irregular” and affects the validity of the applicant’s claim of ownership (Republic v. Payment of taxes. and “To whom it may concern”. or Within such further time as may be allowed by the court. if the land borders on a river.

Writ of Demolition Within 15 days from entry of judgment. The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner’s duplicate is ready for delivery to him upon payment of legal fees (Sec. Vano). The decision shall become final 15 days from receipt of the SolicitorGeneral of the decision. Writ of Possession The writ may be issued not only against the person defeated in the registration case but also against any one adversely occupying the land during the proceedings (Vencilao v. Free from Liens and Encumbrances. Liens. He can only be proceeded against in a separate action for ejectment or reinvindicatory action (Bernas v. The decree of registration shall be signed by the Administrator. b. the court shall issue an order directing the Land Registration Authority to issue a decree of registration and certificate of title. except: a. entered and filed in the Land Registration Authority. Courts retain jurisdiction over the case until after the expiration of one (1) year from the issuance of the decree of registration (Gomez v. Other incidents: a. ATTRIBUTES AND LIMITATION ON CERTIFICATE OF TITLE AND REGISTERED LAND 1. claims or rights existing under the laws and Constitution which are not required to appear of record in the Registry of Deeds. PD 1529). Any public highway or private way established or recognized by law. b. Unpaid real estate taxes levied and assessed within two (2) years preceding the acquisition of any right over the land. Nuevo). The writ does not lie against a person who entered the land after the issuance of the decree and who was not a party in the case. to the Register of Deeds where the property is situated for entry in his registration book (Sec. The original of the original certificate shall be sent. Those noted in the certificate. . Any disposition of the property or limitation on the use thereof by virtue of. PD 1529). Court of Appeals). if the certificate of title does not state the boundaries of such have been determined. together with the owner’s duplicate certificate. 39. or any government irrigation canal or lateral thereof. 44.10. 30. 40. PD 1529). or pursuant to Presidential Decree 27 or any other laws on agrarian reform (Sec. Judgment Judgment becomes final upon expiration of 30 days from receipt of the notice of judgment (Sec. and e. d. PD 1259). D. c.

47. Other considerations: 1. The rule on confirmation of imperfect titles does not apply unless and until the land classified as. 48. G. PD 1529). Court of Appeals. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE The general rule is that no tile or right to. The Public Land Act recognizes the concept of ownership under the civil law. mortgage. or other disability of any person adversely affected thereby. or equity in. This applies only to alienable and disposable agricultural lands of the public domain. 3. PD 1529). or other encumbrances for value. the decree of registration and the certificate of title issued shall become incontrovertible. Under Section 6 of Commonwealth Act No. Timbancaya). No petition shall be entertained where an innocent purchaser for value may be prejudiced. except as expressly provided by law (Sec. modified. Upon the expiration of the said period of one year. This includes an innocent lessee. This ownership is based on adverse possession and the right of acquisition is governed by the chapter on judicial confirmation of imperfect or incomplete titles. Barcelona). is released in an official proclamation to that effect so that it may form part of the disposable agricultural lands of the public domain (Bracewell v. PD 1529). 141. forest lands. E. or mineral lands is the prerogative of the Executive Department. The only remedy left is an action for damages (Sec. The ground for reopening and reviewing the decree of registration shall be based on actual fraud. 57. 32. Period of Filing . Indefeasible The decree of registration shall not be reopened or revised by reason of absence. It cannot be altered. say.R. forest land. Prescription is unavailing not only against the registered owner but also against his hereditary successors because the latter merely step into the shores of the decedent by operation of law and are merely the continuation of the personality of their predecessor-in-interest (Barcelona v. or cancelled except in a direct proceeding in accordance with law (Sec.2. Imprescriptible No title to registered land shall be acquired by prescription or adverse possession (Sec. 107247). minority. Not Subject to Collateral Attack A certificate of title shall not be subject to collateral attack. not when it concerns that of the TCT (Arquelles v. The rule on incontrovertible nature of a certificate of tile applies when what is involved is the validity of the OCT. If the reopened not later than one (1) year from and after the date of the entry of such decree. any lands of the public domain may be acquired by prescription or by adverse possession or occupancy. 4. PD 1529). the classification of public lands into alienable and disposable. No.

Must be a Filipino citizen. Intermediate Appellate Court & Acme Plywood and Veener Co. Requisites for Applicants a. Director of Lands shall conduct a cadastral survey. and d. . The application is filed with the proper court.. Private Corporation Applicants Where at the time the corporation acquired the land. 7. 9. The requirements of the proceedings are governed by PD 1529. 8. Actual survey or plotting of the land. 2. Decision. 2. It further limited the area applied for to 12 hectares. Publication of notice. c. G. 12. 10. this is compulsory as it is initiated by the Government. Interested persons should communicate with the geodetic engineer if he requests for any information about the land. Determination by the President that the public interest requires title to unregistered lands be settled. 2020.RA 9176 extended the period to file an application for judicial confirmation of imperfect title to December 31. No. Director of Lands gives notice to interested persons. 35-36. 6. exclusive and notorious. 11. The Director of Lands represented by the Solicitor-General shall institute original registration proceedings. b. Must have by himself. Such possession and occupation must have been open. or thru his predecessors-in-interest. 1945. its predecessors-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. 73002). Publication. then the corporation acquiring alienable and disposable lands of the public domain does not apply for the land was no longer public land but private property (Director of Lands v.R. A copy of the notice shall also be sent to the mayor and the sanggunian. 4. possessed and occupied an alienable and disposable agricultural portion of the public domain. Geodetic engineers or the employees of the Bureau of Lands shall give notice in advance of the date of the survey of any portion of lands to begin by posting the notice in the municipal buildings. and in the concept of an owner since June 12. PD 1529): 1. and posting of the hearing. mailing. 3. 5. The following are the steps in Cadastral Registration Proceedings (Sec. 3. Hearing. continuous. Chapter IV CADASTRAL REGISTRATION PROCEEDINGS Unlike other kinds of registration.

A contract between the parties. if registered. levy on execution and notice of powers of attorney. VOLUNTARY vs. lease. mortgage. filed or entered in the office of the Register of Deeds be constructive notice to all persons from the time of registering (Sec. Every conveyance. lease. documents which are the results of free and voluntary acts of parties thereto. order judgment. or process issued by the court of record affecting registered land.13. and in all cases under this Decree. or other voluntary instrument. 1529). Involuntary Dealings Writ. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned. instrument or entry affecting registered land shall. except a will shall only operate as: 1. charge or otherwise deal with the same in accordance with existing laws. and trusts. It includes sale. mortgage. NECESSITY/EFFECTS OF REGISTRATION An owner of registered land may convey. also other instrument which are not willing acts of the registered owner. Chapter V SUBSEQUENT REGISTRATION A. lis pendens. executed without his knowledge or consent. PD 1529). lease. 2. patent. and 2. C. the land becomes public land and the principle of res judicata applies. injunction. The deed. INVOLUNTARY DEALINGS Voluntary Dealings Involuntary Dealings It includes attachment. lease. mortgage. the registration shall be made in the office of the Register of Deeds for the province or city where the land lies (Sec. 52. lien. attachment. Evidence of authority to the Register of Deeds to make registration. if the applicant cannot prove that he is entitled to the land. instruments. Issuance of the decree and certificate of title. It must be noted that in cadastral registration. mortgage. order. TWO TYPES OF DEALINGS 1. B. mandamus. 51. Presentation of the owner’s duplicate Entry in the day of book is sufficient notice . Voluntary Dealings Deeds. unlike in voluntary registration proceedings.

nationality. . It shall contain the full name. When a party concerned has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry (Leung Yee v. Show that realty taxes thereon have been paid. mere entry insufficient. File with the Register of Deeds the voluntary instrument for registration ( Sec. As a general rule. it must show that it is qualified to acquire private lands (Sec. 54. 55.certificate of title is required to notify. 4. but only has to rely on. A purchaser should investigate under the following instances: 1. 3. Court of Appeals). 2. Strong Machinery). PNVB). The issuance of a new transfer certificate without presentation of such is unwarranted and confers no right on the purchaser (PNB v. When purchaser is in bad faith. D. that is. to all persons. It shall also contain the grantee’s civil status. Court Appeals). a person dealing with registered property need not go beyond. 2. residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument. 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 owner’s duplicate certificate of title covering the land sold and pays the registration fees. Present the owner’s duplicate copy. REGISTRATION OF VOLUNTARY INSTRUMENTS General steps n registration: 1. for registration is the operative act that binds the property (Campillo v. Pay fees and documentary stamp tax. If evidence of such payment is not presented within 15 days from the date of entry of said document in the primary entry book of the Register of Deeds. Entry thereof in the day book of the Register of Deeds is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the Register of Deeds. It is necessary to register the deed or instrument in the entry book and a memorandum thereof shall also be made in the owner’s duplicate certificate and tis original. the title. PD 1529). 3. the entry shall be deemed cancelled. When a person buys land from one whose rights over the land is evidenced only by a deed of sale and an annotation in the certificate of title but not TCT (Quiniano v. he had full knowledge of a previous sale (Jamoc v. Fernandez). Entry in the day book is sufficient notice to all persons of an adverse claim without the same being annotated at the back of the certificate of title. PD 1529). If the grantee is a corporation or association. He is changed with notice only of such burdens and claims which are annotated on the title. RA 456 prohibits registration of documents affecting real property which is delinquent in the payment of real estate taxes.

PD 1529). REGISTRATION OF DEEDS OF SALE (CONVEYANCES) AND TRANSFERS 1. 2. 58) a. or the certificate may be cancelled totally and a new one issued describing therein the remaining portion. Such deed of mortgage or lease shall take effect upon the title only from the time of registration (Sec. c. 6. Subsisting Encumbrances/Annotations Encumbrances or annotations that appear in the registration book shall be carried over in the new certificate or certificates. The original plan and a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title. Have the plan showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions verified and approved. when made on the certificate of title to which it refers. e. hour and minute of reception of all instruments. PD 1529). The original and the owner’s duplicate of the grantor’s certificate shall be stamped “cancelled”. b. Portion of Property is Subject (Sec. E. Otherwise. such deed may only be annotated by way of memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed. He shall note in such book the date. 3. MORTGAGES AND LEASES Mortgages and leases shall be registered in the manner provided in Section 54 of the PD 1529. Register of Deeds shall enter the instruments filed with him relating to registered land. b. . c. They shall be regarded as registered from the time so noted. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner’s duplicate certificate. 57) a. The deed of conveyance shall be filed and indorsed with the number and the place of registration of the certificate of title of the land conveyed. F. in the order in which they were received. except so far as they may be simultaneously released or discharged (Sec. 59. The Transfer Certificate Title shall be issued. shall bear the same date ( Sec. the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The Register of Deeds shall note upon the original duplicate certificate the date of transfer. and the memorandum of each instrument. PD 1529). An owner shall execute and register a deed of conveyance in a form sufficient in law.5. d. The Register of Deeds shall issue a new certificate of title and cancel the grantor’s certificate partially with respect only to said portion conveyed. Entire Property is Subject (Sec. 56. 60.

or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favour of the power. PD 1529). Attachment An attachment. shall be filed and registered in the Registry of Deeds for the province or city in which the land lies. To transfer registered land in trust or to create or declare a trust or other equitable interests in such land without transfer. POWERS OF ATTORNEY. which is unregistered at the . or a copy of any writ. 66. and by a reference by number to the instrument. In case of conflict between a vendee and an attaching creditor. status. 61. But where a party has knowledge of a prior existing interest. PD 1529). PD 1529). No instrument which transfers. mortgages or in any way deals with registered land in trust shall be registered. in which case a certified copy of such judgment or order may be registered (Sec. PD 1529). or “upon condition”. order or process issued by a court of record. It shall contain a reference to the number of the certificate of title to be affected and its registered owner. G. PD 1529). but only a memorandum thereof shall be entered by the words “in trust”. the Register of Deeds shall enter upon the original of the certificate of title and also upon the owner’s duplicate certificate a memorandum thereof and shall sign it (Sec. and requesting him to send or produce his duplicate certificate so that a memorandum of attachment or other lien may be made thereon. 69. free of charge (Sec. within 36 hours. the Register of Deeds shall. the particulars of the trust shall not be entered on the certificate. 70. if the attaching creditor registered first then he acquires a valid title over the property. H. 65. If not claimed on all the land. A restraining order. stating that such paper has been registered. INVOLUNTARY DEALINGS 1. injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected. or other apt words. Such claim shall not affect the title of a purchaser for value and in good faith before its registration (Sec.Upon presentation for registration of the deed of mortgage or lease with the owner’s duplicate. A similar memorandum shall be made upon the original instrument (Sec. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement. 68. send notice by mail to the registered owner. The duplicate certificate must be presented for registration. 64. Revocation of power shall be registered in like manner (Sec. intended to create or preserve any lien. TRUSTS Powers of attorney to deal with registered land shall be registered with the Register of Deeds of the province or city where the land lies. right. If not. unless the enabling power thereto is expressly conferred in the trust instrument. include a description sufficiently accurate for identification of the land affected. PD 1529). If the owner neglects or refuses to comply within a reasonable time. or attachment upon registered land. PD 1529). the Register of Deeds shall report the matter to the court so that it may order the owner to produce his certificate (Sec.

or other instrument made in the course or the proceedings. Execution and Tax Delinquency Sales Whenever registered land is (a) sold on execution. The litigation must directly involve a specific property necessarily affected by judgment. any officer’s return. Action to recover possession of real estate. e. Date of the institution. d. It is proper in the following cases: a. any execution. Before the final judgment. certificate. In which court is it pending. 76. Proceedings the object of which is a money judgment. PD 1529). b. After showing that notice is only for the purpose of molesting an adverse party. Institution of such action or proceeding. Description of the land affected. c. demand. and f.time he acquired a right to the same land. Action for partition. Proceedings for administration of estates e. 3. 74. his knowledge of that prior unregistered interest has the effect of registration as to him (Ruiz v. or affidavit. Proceedings for probate of wills c. Name of the registered owner ] Notice of lis pendens is not proper in: a. When it is shown that is not necessary to protect the right of the party who caused the registration thereof. Notice of Lis Pendens This does not create a lien. In case of subsequent sales or transfers. Action to quiet title. b. c. Levies on execution d. or e. It should contain (Sec. Number of the certificate of title. . Court of Appeals). the court may order the cancellation: a. (b) taken or sold for taxes or for any assessment or (c) to enforce a lien of any character. shall be filed with the Register of Deeds and registered in the registration book. or any deed . 2. the Register of Deeds is duty bound to carry over the notice of lis pendens on all titles it issues. Action to remove cloud upon the title. Preliminary attachments b. It may involve actions that deal not only with title or possession or a property but also with the use or occupation of property. A memorandum or notice must be filed and registered so that judgment shall have an effect on the land and third persons. b. and a memorandum made upon the proper certificate of title in each cases as lien or encumbrance (Sec. PD 1529): a. d. Other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon. or for any costs and charges incident to such liens.

After cancellation. I. and c. After that the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest. DEALINGS WITH UNREGISTERED LANDS No deed. His alleged right or interest. PD 1529). When the party. lease. e. except as between the parties thereto. Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered at any time after final judgment in favour of the defendant. after the same shall have been entered in the Primary Entry Book. said official shall advise the party in interest in writing and the latter may appeal the matter to the Administrator of the Land Registration Authority. 70. f. Requisites: a. ii. Fees shall be the same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands. or other disposition of the action such as to terminate finally all rights of the plaintiff (Sec. The adverse claim shall be effective for a period of 30 days from the date of registration. who caused registration filed a verified petition. The recording of the deed and other instruments relating to unregistered lands shall be affected by any of annotation on the space provided therefor in the Registration Book. When party who caused registration filed a verified petition. mortgage. or other voluntary instrument affecting land not registered under the Torrens system shall be valid. iv. 113. 4. The adverse claimant must state the following: i. When the consequences of the trail are unnecessarily delaying the determination of the case to the prejudice of the other party. The description of the land in which the right or interest is claimed and. no second adverse claim based on the same ground shall be registered by the same claimant (Sec. PD 1529). Any recording shall be without prejudice to third party with a better right. b. d. .c. conveyance. PD 1529). The number of the certificate of title. PD 1529). How and under whom such alleged right or interest is acquired. unless such instrument shall have been recorded under PD 1529 (Sec. The claimant should state his residence or the place to which all notices may be served upon him. Adverse Claim A claim is adverse when a person claims any part of interest in registered land adverse to the registered owner. arising subsequent to eh date of the original registration (Sec. 77. In case the Register of Deeds refuses to record. 70. Non-compliance with the above requisites renders the adverse claim nonregistrable and ineffective. The statement must be signed and sworn to before a notary public or other officer authorized to administer oath. iii.

or other similar purposes. Sale 3. Agricultural. KINDS APPLICANT REQUIREMENTS  Maximum of 12 hectares of agricultural land. Homestead settlement 2. Lands of the public domain which are alienable or open to disposition may be further classified as: 1. Lease 4. (Public Land Act) KINDS APPLICANT REQUIREMENTS . industrial. and Reservations for townsites and for public and quasi-public uses. Residential.Chapter VII PATENTS The classification of public lands is a function of the executive branch of government. 4. Modes of Disposition Public lands suitable for agricultural purposes can be disposed of only as follows: 1. who are at least 18 years of age or head of the family.  Payment of fee required. commercial. 2. Educational. charitable. Homestead Patent Any Filipino citizen.  Applicant must have cultivated and improved at least 1/5 of the land continuous since the approval of the application resided for at least one (1) year in the municipality in which the land is located in an adjacent to the same. or for similar productive purposes. Confirmation of imperfect or incomplete titles (judicial legalization and administrative legalization). 3.

 Marshy lands and other lands may be sold on condition that the purchaser shall make improvements of a permanent character for the purpose for which the land is purchased within 18 months from the date of the award.  Lands for Residential .  Before any patent is issued he must show actual occupancy.Sales Patent  Public Lands Any Filipino citizen of lawful age or Agricultural the head of a family.  Purchase price may be paid in full upon the making of the award or in not more than 10 instalments from the date of the award.  Lands reclaimed by the government and foreshore shall be disposed by lease only. The applicant must have established in good faith his residence on a parcel of public land which is not needed for public service (RA 730).000 sq. or Industrial Purposes  Lands for Residential Purposes Any Filipino citizen of legal age and must not be the owner of a home lot in the municipality where he resides.  It shall be an essential condition of the sale that the occupants have constructed his house on the land and actually resided therein. m.  Exception to CA 141 area does not exceed 1. . Commercial.  Maximum of 12 hectares of agricultural land. KINDS Special Patent APPLICANT REQUIREMENTS  Issued upon the promulgation of a special law or act of Congress or by the Secretary of Environment and Natural Resources as authorized under an executive order. cultivation and improvement of at least 1/5 of the land until the date of final payment.  Purchaser shall have not less than 1/5 of the land cultivated within 5 years from the date of the award.  Sold thru sealed bidding.

G. but not more than six (6) months after judgment was entered. or that the decision is against the law. 4.    Grounds Fraud. Mapa. . He must show actual fraud. 38387)    Grounds Extrinsic fraud Void decision for lack of due process. 2.R. accident. No. Court of trust and on void contract.  Grounds Same grounds as in ordinary actions. (Esconde v.    ACTION FOR RECONVEYANCE Prescriptive Period Jurisprudence / Notes  It does not reopen proceedings but a Before the issuance of a decree. Lack of jurisdiction. Petition must be filed within one year from the issuance of the decree of the LRA. accident. APPEAL Prescriptive Period  Fifteen (15) days from notice of judgment (appealable to the Court of Appeals or the Supreme Court. PETITION FOR REVIEW Requisites 1. if applicable). excusable negligence Newly discovered evidence Awarded excessive damages. or insufficiency of evidence.  RELIEF FROM JUDGMENT Prescriptive Period Grounds  Fraud. Petitioner must have an estate or interest in the land. (Walstrom v. mistake.Chapter VIII REMEDIES OF AGGRIEVED PARTIES MOTION FOR NEW TRIAL Prescriptive Period  Fifteen (15) days from notice of judgment. Property has not yet passed to an innocent purchaser for value. excusable Sixty (60) days after Petitioner negligence learns of the judgment. creating a constructive trust between Imprescriptible if based on express the parties (Huang v. Within 10 years if based on implied  It is available in case of fraud thereby trust. or mere transfer of the land from within or after one (1) year from date registered owner to the rightful owner of entry. Barlongay). 3. mistake.

 Through fraud. It is not available if the property has already been transferred to an innocent purchaser for value. his deputy and other Torrens system. omission. error. Barlongay). and other crimes involving fraud. It is available in case of fraud thereby creating a constructive trust between the parties (Huang v. Within four (4) years from the discovery of fraud if based on fraud.. date of issue of the certificate of title). Forgery.  Appeals). . laches. prescription.  And is barred from bring an action for recovery of the land. mistake.  The action has not prescribed. Court of Appeals).  DAMAGES It can be availed of when reconveyance is no longer possible as when the land has been transferred to an innocent purchaser for value (Ching v. or misdescription (FEMOM) in the certificate of entry in the registration book. employees of the Registry. Court of Appeals). and estoppel do not bar reversion suits. Register  On account of bringing land under the of Deeds. REVERSION   It is instituted by the Government through the Solicitor-General in all cases where lands of the public domain are held in violation of the Constitution or were fraudulently conveyed. Indefeasibility of title. ACTION FOR COMPENSATION FROM THE ASSURANCE FUND Upon Whom Filed Requisites  Loss or damage is sustained or there Against the Register of Deeds and was a deprivation of interest in an the National Treasurer if FEMOM is estate. CRIMINAL ACTION  For Perjury.  It must be instituted within six (6) months from the time the right to bring such action first occurred (i. ANNULMENT OF JUDGMENT Prescriptive Period      Jurisprudence / Notes It does not reopen proceedings but a mere transfer of the land from registered owner to the rightful owner (Esconde v. It is not available if the property has already been transferred to an innocent purchaser for value. caused by court personnel.e.

RECONSTITUTION Original copies of the title lost or destroyed in the offices of the Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. after notice and due hearing. or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument. and shall thereafter be regarded as such for all purposes of the Property Registration Decree. which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate. but shall in all respects be entitled to like faith and credit as the original duplicate. due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province of city where the land lies as soon as the loss or theft is discovered. the court may. direct the issuance of a new duplicate certificate. Upon the petition of the registered owner or other person in interest. . Notice of all hearings of the petition for judicial reconstitution shall be given to the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority. 26 insofar as not inconsistent with the Property Registration Decree.Chapter IX REPLACEMENT AND RECONSTITUTION A. B. No order or judgment ordering the reconstitution of a certificate of title shall become final and executor until the lapse of thirty (30) days from receipt by the Register of Deeds and by the Administrator of a notice of such order or judgment without any appeal having been filed by any of such officials. If a duplicate certificate is lost or destroyed. a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered. REPLACEMENT In case of loss or theft of an owner’s duplicate certificate of title.

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