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LAND TITLE is the evidence of the owner’s 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 person’s 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 landowner’s 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™ a conflicts of title in and to and real property, and (2) TIFF (Uncompressed) decompressor are needed to see this picture. facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, EXCEPT when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.
NATURE OF TORRENS SYSTEM • Judicial in character and not 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—
Civil Law Summer Reviewer
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notorious possession If in good faith & with just title: 10 yrs. uninterrupted possession is required • If in bad faith & without just title: 30 yrs. continuous possession is required • Only available if the land possessed is public land that is alienable and disposable • A property registered under the provisions of PD 1529 is not subject to prescription • Prescription is unavailing not only against the registered owner, but also against his hereditary successors Requisites: 1. The deposit of soil or sediment be gradual and imperceptible, 2. It is the result of the curret of the waters (river/sea), and 3. The land where accretion takes place is adjacent to the banks of rivers or the sea coast • Accretion to registered lands need new registration • No human intervention • The current causing the alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the state. (Government of the Phils. v. Cabangis 53 phil 112 ) • Filling of submerged land by deliberate act and reclaiming title thereto • Must be initially owned by government QuickTime™ and a TIFF• (Uncompressed) decompressor May be subsequently are needed to see this picture. transferred to private owners • Private grant • Voluntary execution of deed of conveyance • Contractual relationship between the parties • Consensual • 6. Involuntary Alienation • • 7. Descent or Devise 8. Emancipation Patent/Grant (Certificate of Land Ownership Award) • • • No consent from the owner of land Forcible acquisition by the State Hereditary succession to the estate of deceased owner To ameliorate the sad plight of tenant-farmers Such grant is not transferable except by hereditary succession
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
5. Voluntary Transfer
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11. Water Code 2. ROD. roadsteads. All other categories of surface waters such as water flowing over lands. 13 SCRA 494 (1965) It is enough that in the ROD’s opinion an instrument is registrable for him to register it. G. 117 of PD 1529 4. rivers. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD 2. IAC. Rain water and falling on such lands. stating the ground or reason therefore. No. without being for public use. public forest. Those intended for public use. Almirol v. Where the voluntary instrument bears on its face an infirmity 3. 9. Villaseñor. Found in private lands: 8.R. Natural lakes and lagoons. and 12. Ledesma v. instruments. 20. Mar. PD 1529). 6. Where the validity of the instrument sought to be QuickTime™ and a TIFF (Uncompressed) decompressor registered is in issue in a pending are needed to see this picture. Prepare and keep an index system which contains the names of all registered owners and lands registered Baranda v. ports and bridges constructed by the State. and the like is ministerial in nature. 5 & 6. 3. encumbrances. and are intended for some public service or for the development of the national wealth. Notice of pending suit must be given to parties b. Lakes and lagoons naturally waters rising on such lands. he shall deny the registration thereof and inform the presentor of such denial in writing. seepage and drainage. Rivers and their natural beds. Shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled 3. shores. and advising him of his right to appeal by consulta in accordance with Sec. 1968 The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction. L-22486. Balbin v. and others of similar character 2. Continuous or intermittent (PD 1067 ) waters of springs and brooks running in their natural beds and the beds themselves. Gustilo. 10. he should submit the question to the Administrator of the LRA en consulta (Section 117. mineral the 1935. 1. If the instrument is not registerable. Registration may be suspended Gallardo v. 155 SCRA 248 (1987) The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be verified and acknowledges before a notary public or other public officer authorized by law to take acknowledgement. torrents. water form rainfall whether natural or artificial. Arts. 4. NOTE: When the ROD is in doubt as to the proper action to take on an instrument or deed presented to him for registration. NON-REGISTRABLE PROPERTIES Article 420 1. 7. Seawater. and water from agriculture runoff. Those which belong to the State. The act being an administrative act does not contemplate notice to and hearing of interested parties. lands and 1987 Constitution Page 272 of 297 . Waters in swamps and marshes Regalian Forest or timberland.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 FUNCTIONS OF THE ROD: IPDI 1. 1973. Subterranean or ground water. banks. 165 SCRA 757 (1988) The function of the ROD with reference to registration of deeds. Atmospheric water. NCC such as roads. 28 SCRA 12 (1969) Instances when the ROD may validly deny registration of a voluntary instrument: 1. Immediately register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration 2. ROD of Agusan. Continuous or intermittent waters rising on such lands. Subterranean or ground waters. court suit a. and not to the ROD. Doctrine under forest reserves lands. 5.
With these rules. KINDS OF JUDICIAL REGISTRATION: 1. ISSUE: Whether the land sold was alienable. mineral. The investigation conducted by the DOJ. through the Office of the President. Republic v. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. SHAI had not pointed to any proclamation or legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Republic v. Furthermore. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes. 393 SCRA 361 (2002) The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means. (SHAI) G. TYPES OF REGISTRATION: 1. the same having not effectively been separated from the military reservation and declared as alienable and disposable. JUSMAG area. its status as part of a military reservation remains. CA. Until a given parcel of land is released from its classification as part of the military reservation zone and reclassified by law or by presidential proclamation as disposable and alienable. Sr. Survey of land by the Bureau of Lands or a duly licensed private surveyor a. Vera. Administrative/Involuntary/Cadastral – compulsory registration initiated by the government PROCEDURE IN ORDINARY LAND REGISTRATION: SFD-TP-SAHJ-DECT 1. which was lifted from Act 2874. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423. 2006 FACTS: Proclamation No 423 which established a military reservation known as Fort William McKinley – later renamed Fort Bonifacio Military Reservation. if not the entire. Sep. even if incidentally it is devoted for a purpose other than as a military camp or for defense. 6 of CA 141. Southside Homeowners Association Inc. application by the private individual himself 2. however.R.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Bureau of Forestry v. a non-stock QuickTime™ and a TIFF (Uncompressed) decompressor corporation organized mostly bythis wives are needed to see picture. there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural. 22. 153 SCRA 351 (1987) As provided for under Sec. As regards the issue of inalienability. In 1993. No. Original Registration 2. the Court upheld the contention of the Republic that the JUSMAG area is inalienable. 120 SCRA 210 (1983) A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens system. Survey plan must be duly approved by the Page 273 of 297 . or forest lands is now a prerogative of the Executive Department of the government and not the courts. SHAI . What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. Subsequent Registration ORIGINAL REGISTRATION UNDER PD 1529 is a proceeding brought before the RTC (as a land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration. reported land scams at the FBMR and also finding that the signature of Palad was forged. Judicial/Voluntary/Ordinary – by filing with the proper court. forest or mineral but the Executive Branch of the government. HELD: NO. Heirs of Felipe Alejaga. was issued by former President Carlos Garcia. the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. Republic v. the classification or reclassification of public lands into alienable or disposable. of AFP military officers. The whole conveyance process was also suspicious since the whole process was accomplished only in one day. 156951 & 173408. then Pres Ramos ordered the OSG to institute an action towards the cancellation of TCT 15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation. was able to secure title in its name over the bulk.
Setting of the date of initial hearing of application by the RTC a. and Mayor. appeal is directed to the CA e. Posting • Posting in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing Service of notice by the sheriff upon contiguous owners.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Director of Lands. with all the documents or other evidences attached thereto. If land is situated between boundaries of 2 provinces. a. With all muniments of titles and copies thereof with survey plan approved by Bureau of Lands MUNIMENTS OF TITLE are instruments or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate b. NOTE: Noncompliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts. mailing of notice to: Persons named in the notice Sec. appliedare for upon the court . 9. Once in the Official Gazette (this confers jurisdiction upon the court) ii. Mailing • Within 7 days after publication of said notice in the OG. if the land borders on a river. by the Clerk of Court to the LRA 5. Publication of notice of initial hearing i. Sec. Indorsed to the MTC if there is no controversy over the land or if its value is less than 100. Within 5 days. Director of Lands. it becomes incontrovertible and amendments will not be allowed except clerical errors. • Puts an end to litigation • Purpose of Torrens system is protected Sending a copy of the decree of registration to the corresponding ROD Transcription of the decree of registration in the registration book and issuance of the owner’s duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees i.To TIFF confer jurisdiction (Uncompressed) decompressor needed to see this picture. WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: OPAL Page 274 of 297 . Filing of application for registration by the applicant a. and invite them to take part in the case and assert and prove their rights over the subject land b. application must be filed: • When boundaries are not defined: in the RTC of the place where it is declared for taxation purposes. contains technical description of land. or on an arm of the sea where a river or harbor lies iv. or shore. 6. occupants and those known to have interests in the property Filing of answer to the application by any person whether named in the notice or not Hearing by the court Promulgation of judgment by the Court Issuance of the decree declaring the decision final and instructing the LRA to issue a decree of confirmation and registration • DECREE– issued by LRA after finality of judgment. Transmittal of the application and the date of the initial hearing. Decrees dismissing application ii. if the applicant requests to have the line of a public way or road determined iii. Other persons as the court may deem proper c. i. 2. Director of Fisheries. 12. set hearing 45-90 days from date of order 4. ii. and Director of Mines. Provincial Governor. navigable stream. of Agrarian Reform. 10. Once in a newspaper of general circulation • Purpose of publication: QuickTime™ and a over the land . 7. Always filed at the RTC of the place where land is situated c. In cases of delegated jurisdiction to the MTC.000 d. Solicitor General.To charge the whole world with knowledge of the application of the land involved. 13. of Public Highways. Publication of notice of the filing of the application and the date and place of the hearing in the Official Gazette required are • The three notices mandatory. Decrees of confirmation and registration • Subject only to appeal Entry of the decree of registration in the LRA • 1 year after the date of entry. 11. It is deemed conclusive as to the whole world. • When boundaries are defined: separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC 3. 8.
legal or equitable 5. Lease (CANNOT own land of the public domain) for 25 years renewable b. 1.024 hectares. 15. 3. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines (Sec. Person or entity whose claim of ownership to land had been previously denied in a reivindicatory action and the right of ownership thereto of another is upheld by the courts FORM OF THE APPLICATION (Sec. Public land sales applicant admits he is not the owner in his application 2. PD 1529): D-CAEM-ARF 1. If the applicant is a non-resident of the Philippines. 1945 or earlier 2. Description of the land applied for together with the buildings and improvements. if known. If engaged in agriculture. 15. Article XII.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. At least 60% Filipino (Sec. 7. LIMITATION TO OWNERSHIP OF LAND BY CORPORATION: 1. it is restricted to 1. it shall state whether or not the applicant claims any portion of the land within the limits of the way or road. and whether the applicant desires to have the line of way or road determined (Sec. Manner of acquisition of land 6. 20. However. 1987 Constitution) a. Limited to 1. Assessed value of the land and the buildings and other improvements based on the last assessment for taxation purposes 4. Those who acquired ownership of private land by prescription under the provisions of existing laws 3. Apply to both Filipinos & foreign corporations PERSONS WHO CANNOT PROPERLY FILE AN APPLICATION FOR REGISTRATION OF LAND: QuickTime™ and a TIFF (Uncompressed) decompressor PMAP are needed to see this picture. by way of exception juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. Citizenship and civil status of the applicant • if married. If the application describes the land as bounded by a public or private way or road. 2. they shall be signed and sworn to by and in behalf of each. when and how the marriage relation was terminated 3. continuous. Article XII. a corporation may apply for judicial confirmation of title). Antichretic creditor since he holds not in the concept of an owner 4. name of spouse. the plan approved by Director of Lands and the technical descriptions must be attached 2. 16. and • if the marriage has been legally dissolved. 1987 Constitution) b.000 hectares c. exclusive. Article XII. Private Lands a. PD 1529) 8. 1987 Constitution). notorious possession of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created c. Mortgagee or his successor-in-interest to the mortgage when mortgage is assigned (pactum commissorium) 3. Those who acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws 4. PD 1529) Page 275 of 297 . Those who have acquired ownership of land in any manner provided for by law NOTE: All these persons must be natural-born Filipino citizens. 3. Those who by themselves or through their predecessors-in-interest have been in open. he shall file an instrument appointing an agent residing in the Phils. The court may require facts to be stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers 9. and if not known. PD 1529) • In writing • Signed by the applicant or person duly authorized in his behalf • Sworn to before an officer authorized to administer oath for the province or city where the application was actually signed • If there is more than 1 applicant. Patrimonial Property of the State (Sec. CONTENTS OF APPLICATION (Sec. and except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a juridical entity (in this case. Mortgage or encumbrance affecting the land or names of other persons who may have an interest therein. the applicant shall state the extent of the search made to find them 7.000 hectares in area for a period of 25 years and renewable for not more than 25 years (Sec. Full names and addresses of all occupants of the land and those of the adjoining owners.
altered. the change has simplified registration proceedings by conferring upon the RTCs the authority to act not only on original applications but also those filed after original registration. the court may at anytime order an application to be amended by striking out one or more parcels or by severance of the application. modified. no need for new publication or notice Benin v. the value of which does not exceed 100.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 WHERE TO FILE APPLICATION • GENERAL RULE: RTC of the province or city where the land is situated. or diminished either in collateral or direct proceeding after the lapse of the 1-year period prescribed by the law. as published. or − contested lots. 146 SCRA 459 (1986) PD 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court. he must file in RTC of each province/city where different parcels of land are located for registration purposes • EXCEPTION: Delegated jurisdiction of the MTC to hear and determine cadastral or land registration cases covering lots where − there is no controversy or opposition. and third parties who have not had the opportunity to present their claim might be prejudiced in their rights because of failure of notice. inclusion of publication and notice additional land are necessary 3. Substantial change in New technical boundaries. the jurisdiction of the court is not affected by the failure of a new application. If transaction is BEFORE Issuance of Decree • Record instrument in ROD in same manner as if no application was made • Present instrument to RTC. or in both since the application and survey plan go together. The purpose of the new publication is to give notice to all persons concerned regarding the amended application. Without a new publication. with a motion praying that the same be If transaction is AFTER Issuance of Decree • Register directly with ROD for purpose of canceling such title and issuing a TCT AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS 1. Joinder. 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. Tuason. 57 SCRA 531 (1974) Under Section 23 of Act 496. the parties 4. DOCTRINE OF NON-COLLATERAL ATTACK OF DECREE OR TITLE • A decree of registration and registered title cannot be impugned. If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the application for registration of an area or parcel of land not previously included in the original application. Under Section 24 of the same act. and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. increase in description and new area. or File motion with court QuickTime™ and a TIFF (Uncompres sed) decompressor discontinuance of any of are needed to see this picture. − File together with application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands Averia v. But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published. Decrease in area File motion with court. the law is infringed with respect to the publicity that is required in registration proceedings. • If there are several parcels of land situated in different provinces/cities but belong to one owner. substitution. a new publication of the amended application must be made. The amendment may be made in application or in the survey plan. a new publication is not necessary.000 for registration when it appears to the court that the amendment is necessary and proper. with power to hear and determine all questions arising upon such applications or petitions. In the latter case. Aimed at avoiding multiplicity of suits. the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application. the registration court may allow. Caguioa. The reason is because without a new publication. or order an amendment of the application Page 276 of 297 . enlarged.
to give full opportunity to those who are qualified under the law to own disposable lands of the public domain and thus reduce the number of landless among the citizenry. CA. 1971. IAC and ACME. 146 SCRA 509 ). IAC and ACME. 146 SCRA 509 ). that is. QuickTime™ and a HELD: YES. 1947 (RA 1942. State interest claimed by oppositor 3. 2020 within which to file said applications. as provided in Sec. shall apply where the area applied for does not exceed 12 hectares. 3. 146 SCRA 509 ). Set forth objections to the application 2. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND ACT • In rem. 1971. 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. the expiry date for filing such kind of application under RA 2061. NOTE: A private corporation may institute confirmation proceedings under Sec.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 considered in relation to the pending application REQUISITES OF OPPOSITION: 1. Private corporations or associations which had acquired lands. from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. 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. as provided in Sec. 2020. 48(b) of CA 141 if at the time of the institution of the registration proceedings. Dir. 235 SCRA 567 ). RA 9176. Abairo. or ever since time immemorial (Oh Cho v. continuous. 2 of RA 9176 Director of Lands v. or prior thereto. 1969 to June 18. 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. Filipino citizens who by themselves or through their predecessors-in-interest have been. 4. prior to the effectivity of PD 1073 (January 25. IAC and ACME. continuous. 3. Apply for the remedy desired 4. 75 Phil 890 ) 2. TIFF (Uncompressed) decompressor ISSUE: are needed to see this picture. Of Lands v. formerly part of the alienable and disposable lands of the public domain. Of Lands v. even if such application was filed during the intervening period from January 1. Whether or not the application is valid despite being filed after the period expired and before the extension was granted. 1945. after December 31. LIMITATION TO AREA APPLIED FOR: • Maximum of 12 hectares (Sec. 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. in open. 1968. 1977). Respect should be given to the obvious intention of the lawmaker in extending the period for filing such applications time and again. the land was already private land (Director of Lands v. or at least since January 24. The latest extension of the period to December 31. Of Lands. exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership. 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. 2. Filipino citizens who by themselves or through their predecessors-in-interest have been in open. Signed and sworn to by him or by some other duly authorized person GENERAL DEFAULT When no person appears and answers within time prescribed SPECIAL DEFAULT When a party appears at initial hearing without having filed an answer and asks court for time to file answer but failed to do so within period allowed 1976 did so on time. Natural born citizens of the Philippines who may have lost their Philippine citizenship. for at least 30 years. Dir. RA 6940) WHO MAY BE APPLICANTS: FFPL 1. Page 277 of 297 .
the fact that petitioners were in actual possession of the property when they filed the complaint with the RTC on April 29. being subject to prescription. it has clearly set a deadline for the filing of applications for registration of ALL Spanish titles under the Torrens system (i. November 20. Spanish titles can no Page 278 of 297 Natividad v. 2006 . CA. whether in a land registration proceeding or in an action to remove a cloud on or to quiet title. 6 months from its effectivity or on 14 August 1976). 106 SCRA 426 (1981) A judicial declaration that a parcel of land is public. the applicant for registration of his Spanish title under the Torrens system must also submit proof that he is in actual possession of the real property by virtue of prescription. 4. Other kinds of proof (ex. in his lifetime. Taking the law as a whole. on the other hand. 1996 does not exclude them from the application of PD 892. such as those provided in PD 1529 or in the Public Land Act. Therefore. 16. was the owner of parcels of land registered in his name under a Spanish title. are now ineffective to prove ownership unless accompanied by proof of actual possession…. rights over the parcels of land. a law ceding full ownership to a government institution) Santiago v. after which.e. Actual proof of possession only becomes necessary because Spanish titles are subject to prescription. and their Spanish title remain inadmissible as evidence of their ownership of the property. PROOF OF PRIVATE OWNERSHIP: STOP 1. If they are already private lands. ipso jure. The holder of a Spanish title may still lose his ownership of the real property to the occupant who actually possesses the same for the required prescriptive period. by using them for its own commercial and other purposes. SBMA. Contents. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • As long as the land is already considered as having become “private” through prescription. 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. Spanish titles to lands which have not yet been brought under the operation of the Torrens system. SBMA. However. FACTS: Rodriguez is claiming to be the sole heir and administrator of the estate of Hermogenes Rodriguez who. deeds are needed to see this picture. testimonial evidence QuickTime™ and a decompressor TIFF (Uncompressed) of sale) to prove accretion. is claiming possessory. 1976) 2. provided he thereafter complies with the provisions of Sec. ISSUE: Whether or not Spanish Titles are still admissible as evidence of ownership of lands HELD: No. Land has already become PRIVATE. Tax declarations and tax payments (not conclusive evidence of ownership. Notice. Director of Lands v. Although PD 892 reads: “Whereas. For sure. when previously acquired by prescription by a natural person. this does not bar holders of Spanish titles from claiming ownership of real property on some other basis. Because of this inherent weakness. must be coupled with proof of actual possession for the period required by law) 3. By virtue of the lease.. Santiago is presently occupying the land. if not proprietary. CA.” petitioners cannot claim that they can still present the Spanish title as proof of ownership since they were in actual possession. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee. the Spanish titles may no longer be presented to prove ownership. Rodriguez leased the parcels of land to Santiago and Mateo for a period of 50 years. does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land. Mailing. WHAT APPLICANT MUST PROVE: • The land is alienable and disposable land of the public domain. GR No. the constitutional prohibition against acquisitions by a private corporation would not apply. Having a PRIVATE character (no longer public). as amended and as long as said public land remains alienable and disposable. 156888. 48 of CA 141. a corporation may institute confirmation proceedings. and • His possession was for the length of time and in the manner and concept required by law NOTE: Form. the land would no longer be barred by the Constitution to be owned by a corporation. Posting Requirements are the same as those required in original registration under PD 1529.
Whether the owner is married or unmarried. and is in possession of land for at least 10 years 2. quiets title thereto. Send to ROD the original and duplicate of title and certificate for entry in his registration book 6. and if a minor. the nature of TIFF (Uncompressed) decompressor are needed to see this picture. subject only to such exceptions or liens as may be provided by law • Conclusive upon all persons including the government QuickTime™ and a CONTENTS OF THE DECREE: DMD-DO 1. dated. and other encumbrances 5. signed. including the government. the decree shall be issued in the name of both spouses 3. • Binds the land. • However. Free from liens and encumbrances a. liens. 178 SCRA 692 ). the demolition of improvements introduced by the defeated oppositor or his successor-in-interest 4. Original copy to be filed in ROD 10. his age 4. EXCEPTIONS: CNT-PD Those noted on the certificate i. If the owner is under disability. ROD shall send duplicate and note on each certificate of title to whom it is issued 9. Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator. Enter in record book. Writ of Possession: order to sheriff to deliver the land to the successful party litigant. as a consequence of the writ of possession issued by it. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser Page 279 of 297 . JUDGMENT is a decision of court constituting its opinion after taking into consideration the evidence submitted. the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA (Republic v. Description of the land and shall set forth the estate of the owner. Accion reivindicatoria DECREE OF REGISTRATION : • The decree issued by the LRA pursuant to the order of the court. Other matters to be determined in pursuance of the law PROCESS OF ISSUING THE OCT: 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 longer be countenanced as indubitable evidence of land ownership. no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying • When writ may not issue: When a party entered into property after issuance of final decree. notwithstanding the lapse of the 15day period from receipt of judgment by the parties. Unlawful detainer 3. 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. ROD to send notice to registered owner ready for delivery after payment of fees 8. Assosacion Benevola de Cebu. or rights arising or existing under the laws and the Constitution. the name of the spouse. Writ of Demolition may be issued. Forcible entry 2. provided that if the land is conjugal property. and also show their relative easements. Writ of Demolition: the complement of writ of to demolish improvements possession. Date. Clerk of court will send order of court and copies of judgment 3. Accion publiciana 4. ii. introduced by oppositor or his successor in interest MEANS TO RECOVER POSSESSION: 1. hour and minute of its entry 2. attachments. POST-JUDGMENT INCIDENTS 1. which are not by law required to appear on record in the Register of Deeds in order to be valid iii. claims. such disability. b. Bound in consecutive order ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED LANDS: 1. and if married. numbered and sealed to take effect upon date of entry 7. The court has authority to order. is not an oppositor in registration proceeding. • It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment. entered and file decree of registration in LRA 5. 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. Liens.
Any disposition of the property or limitation on the issue thereof pursuant to PD 27 or any other law or regulations on agrarian reform 2. or any government irrigation. Aurelio’s father-in-law. not when it concerns that of the TCT. but the mortgage did not push through. claimed that Aurelio bought the property from Dalman who. the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before a notary public in 1965. CA. publicly. Remigia alleged that she was the registered owner of a lot. in turn. 17993 by virtue of the fact that TCT No. Gamponia. 26. bought the same from Gil in 1951.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 for value Any public highway. proof of possession by the Zaldivars is both immaterial and inconsequential. Even adverse. Sep. It cannot perforce be acquired by prescription (Ruiz v. She attempted to mortgage the lot to Ignacio Gil. part of which is that covered by both the above TCT and TCT No. Registered land not subject to prescription a. It was originally leased to Pio Dalman. thus. They also allege that they and their predecessorsin-interest have been occupying the said property since 1947. When acquisition of certificate is attended by fraud iv. 8502. if the certificate of title does not state the boundaries of such highway or irrigation canal or lateral thereof have been determined v. 72 SCRA 193 (1976) The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the OCT. notorious and continuous possession under claim of ownership for the period fixed by law is ineffective against a Torrens title (JM Tuason and Co. With respect to the claim of acquisitive prescription. Incontrovertible and indefeasible a. 93 SCRA 146 ). prevails over Aurelio’s. When land covered is not capable of registration iii. especially considering that the latter was correctly nullified by the RTC Page 280 of 297 . Laches may be invoked to bar QuickTime™ a reconveyance of landandto the registered TIFF (Uncompressed) decompressor to see this intervening picture. 8502 in the name of Remegia has remained valid. canal or lateral thereof. Arguelles v. If previous valid title of the same land exists ii. 8502 was never lost. CA. 79 SCRA 525 ). The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. the decree and the corresponding certificate of title becomes incontrovertible and indefeasible. b. adversely. or private way established or recognized by law. 3. Consequently. 162593. Spouses Zaldivar. owner only are if needed there are rights of third persons which may be affected or prejudiced if such land is returned to the registered owner (De Lucas v. she claimed it had been lost. on the other hand. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. 100 Phil 277 ). Remegia’s title. The said title is registered in the name of Aurelio Zaldivar. Gil allegedly purchased the property from Remegia. Inc. openly. 2006 FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. Feliciano v. T-17993 and reconveyance of the property covered therein. The Zaldivars. T-8502 because when they asked Remegia about it. Timbancaya. Neither can the spouses rely on the principle of indefeasibility of TCT No. c. 17993 was issued in Aurelio’s name. EXCEPTIONS: PNF i. GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. it is baseless when the land involved is a registered land since no title to registered land in derogation of that of the registered owner shall be acquired by adverse possession. v. A petition for partial cancellation of the said TCT was granted and TCT No. b. She vehemently denies ever executing a joint affidavit confirming the sale to Gil and insists that TCT No. and continuously or for 41 years already. GR No.
While. Jr. Laches has not set in against Remegia as she merely tolerated the occupation by the Zaldivars of the subject lot. From the right of the government to take the land by eminent domain g. 6. GR No. From liability to attachment or levy on execution c. 4. Amorin took possession of such properties. EXCEPTION: When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry. or in the interest of the owner in such land or buildings d. was procured by Aurelio through fraudulent means. 48 of PD 1529 provides that “a certificate of title shall not be subject to collateral attack. and without defects. the respondent Bank cannot and should not be regarded as a mortgagee/purchaser in good faith. HELD: NO. 8502. Respondent Bank foreclosed and bought the properties. which. v. CA. The Amorins filed an action for Recovery of Ownership with Damages. Remegia’s right to recover possession was never barred by laches. is familiar with rules on land registration.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 as it emanated from the new owner’s duplicate TCT No. claiming that such property had been foreclosed by such Bank. to whom she entrusted the documents evidencing her rights over the lots. if the property has already been transferred from the name of the owner to that of the forger. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title. From any rights incident to the relation of husband and wife. Valenzuela mortgaged such properties to Pacific Bank. July 17. Sec. given inter alia the suspicionprovoking presence of occupants other than the owner on the land to be mortgaged. That respondent Bank accepted in mortgage the property in question notwithstanding the existence of structures on the property and which were in actual. From liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences h. the same is not true. Accordingly. Certificate of title not subject to collateral attack a. From the rights of partition between coowners f. it behooved respondent Bank to conduct a more exhaustive investigation on the history of the mortgagor’s title. From any right or liability that may arise due to change of the law on descent e. 149231. it is a familiar doctrine that a forged or fraudulent document may become the root of a valid title. It cannot be altered. it was. Torrens Certificate presumed valid and devoid of flaws a. General incidents of registered land • Registered land or the owners thereof are not relieved from the following: a. in turn. modified. for value entitled toare the protection of the law with a better right over the lots than the Amorins.” 5. valid. being in the business of extending loans secured by real estate mortgage. constitutes gross negligence amounting to bad faith. Later. 2006 FACTS: Lucena de los Reyes (petitioner’s mother) sold 2 lots to Fortunato Amorin. It cannot be overemphasized that respondent Bank. From liability to any lien of any description established by law on the land and buildings thereon. Pacific Bank demanded that the Amorins vacate the properties. As it turned out De Los Reyes was deceived by a certain Benjamin Valenzuela. As such. as here. Erasusta. landlord and tenant b. The buyer has the right to rely upon the face of the Torrens title and dispense with the trouble of inquiring further. GENERAL RULE: Torrens Certificate of Title is presumed to have been regularly issued. or cancelled except in a direct proceeding in accordance with the law. ISSUE: Whether or not the Bank is an innocent purchaser for value whose title must be upheld. expected to exercise more care and prudence than private individuals in their dealing with registered lands. the latter fraudulently transferred the rights over the lots to his name. however. In the absence of such inquiry. b. CA QuickTime™ a declared respondent Bank an and innocent purchaser TIFF (Uncompressed) decompressor needed to see this picture. visible and public possession of a person other than the mortgagor. Therefore. From any other rights or liabilities Page 281 of 297 .
or orderand or TIFF (Uncompressed) decompressor picture. • Although generally a forged or fraudulent deed is a nullity and conveys no title. still. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process. however. there are instances where such a fraudulent document may become the root of a valid title. VOLUNTARY INVOLUNTARY DEALINGS DEALINGS Refer to deeds. It is only the act of registering the instrument in the ROD of the province or city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned. or lease or other voluntary documents serve only 2 purposes: a. 7 SCRA 351 ). • 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. 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. Legare. mortgage. CA & Suzara. 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. Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner thereof SUBSEQUENT REGISTRATION • Where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest. Except a will that purports to convey or affect a registered land. if deed is not registered. the mere execution of the deeds of sale. • Rules as to the necessity and effects of registration in general 1. an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. 3. annotation in entry book is sufficient VOLUNTARY DEALINGS Operative Act: registration by owner. 281 SCRA 491 ). of record see thi documents which areare needed toby ascourt results of the free and affecting registered land voluntary acts of the which by law should be parties thereto registered to be effective. Trustee who obtains a Torrens title in his name. Page 282 of 297 . as a contract between the parties thereto. Refer to such writ or QuickTime™ a process issued instruments. or any encumbrance thereon. such being one of the limitations upon the finality of title b. over property held in trust by him for another cannot repudiate the trust relying on the registrations. Even if a decree in a registration proceeding is infected with nullity. Where certificate of title is obtained by a trustee a. and b.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 created by law and applicable to unregistered land 7. and also to such instruments which are not the willful acts of the registered owner and which may have been executed even without his knowledge or against his consent • Attachment • Injunction • Mandamus • Sale on execution of judgment or sales for taxes • Adverse claims • Notice of lis pendens Entry thereof in the day book of the ROD is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the ROD • 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 owner’s 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 No presentation required. as evidence of authority to the ROD to register such documents 2.
it is delivered. Legare. 5. 3. boundaries. Where the purchaser or mortgagee is a bank/financing institution. Mortgage is made to secure obligation specified 2. Constructive notice of his interest in the property to the whole world EFFECT OF FAILURE TO REGISTER: • Valid between parties but void against 3rd persons • If instead of registration. Evidence of full QuickTime™ payment of and a real estate tax TIFF (Uncompressed) decompressor are needed to s ee this d. Purchaser had full knowledge of flaws and defects in the title (Bernales v. 7 SCRA 351 ). Creates a lien that attaches to the property in favor of the mortgagee 2. Document of transf er: 1picture. Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title (Quiniano v. including: a. Issuance of the TCT REGISTRATION OF REAL PROPERTY MORTGAGE: 1. Tomas. it shall be a pledge and not a chattel mortgage (if no chattel mortgage deed executed) • Actual knowledge is same effect as registration AFFIDAVIT OF GOOD FAITH: • Statement that: 1. 98 SCRA 280 ). 39 SCRA 221 ). Owner’s Duplicate and affidavit of good faith c.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 One such instance is where the certificate of title was already transferred from the name of the true owner to the forger. Owner’s duplicate b. the land was subsequently sold to an innocent purchaser (Fule v. ROD shall make a memorandum on the certificate of title. ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process) EFFECT OF REGISTRATION: 1. signature. time of filing. The ruling in Fule v. (public instrument) 2. 174 SCRA 484 ) 4. That it is not entered into for purposes of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH: • Vitiates mortgage as against creditors and subsequent encumbrancers • Mortgage is not valid as between parties Page 283 of 297 • PROCESS OF REGISTRATION: (GENERALLY) 1. 153 SCRA 330 ). and while it remained that way. Execution of document 2. signed by him 3. CA. Purchaser in bad faith (Egeo v. File the instrument creating or transferring the interest and the certificate of title with ROD. 6. ). Present deed of mortgage together with b. GSIS. CA. That it is a valid and just obligation 3. and condition of the lot (Francisco v. Payment of fees d. EXCEPTIONS: BOB-IM-LK 1. file number assigned to deed) e. 166 SCRA 519. Payment of fees 4. Legare cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right (Tomas v. Sufficiently strong indications to impel closer inquiry into the location. and reference to volume and page of the registration book in which it was registered 3. the general rule that a purchaser or mortgagee of the land is not required to look further than what appears on the face of the title does not apply (Dela Merced v. Registration with ROD where the land lies a. Present the document together with affidavit of good faith 3. CA. 365 SCRA 1 ). ROD enters in Day Book in strict order of their presentation chattel mortgages and other instruments relating thereto (primary process) 5. ROD shall enter upon original certificate of title and upon duplicate a memorandum (date. Purchases land with a certificate of title containing a notice of lis pendens 7. ROD to note on the deed the date and time of filing. additional copy for city/provincial assessor 2. Execution of deed in a form sufficient in law . No duplicate need be issued REGISTRATION OF CHATTEL MORTGAGE: 1. 2. Payment of fees and documentary stamp tax c. IAC.
rights. EXECUTION SALE • To enforce a lien of any description on registered land. 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. after notice. not the lessor. 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. The court. If it is not registered. or even against his will REGISTRATION OF ATTACHMENT/OTHER LIENS: 1. notation in book of entry of ROD produces the effect of registration already. Although notice of attachment is not noted in duplicate. • Transactions are which affecting land in cooperation of registered owner is not needed. May be granted temporary rights for residential purposes 2. etc. File with ROD the instrument creating lease together with owner’s duplicate of certificate of title 2. Copy of writ in order to preserve any lien. 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. Garnishment c. Creates real right 2. No new certificate shall be issued NOTE: When there is prohibition in mortgaged property as regards subsequent conveyances. containing number of certificate of title of land to be affected or description of land 2. one that is earlier in registration is preferred 4. who is required to initiate the registration. credits. Creates a real right but without prejudice to rights of 3rd persons 2. Preliminary b..Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • No need to be in public document • of the plaintiff Kinds: a. If the owner neglects or refuses to comply. EFFECTS OF REGISTRATION OF ATTACHMENT: REEA 1. Limit: 25 years. TAX SALE • Sale of land for collection of delinquent taxes and penalties due the government Page 284 of 297 1. If duplicate of certificate of title is not presented: a. 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: TIFF (Uncompressed) decompressor needed to see this picture. Has priority over execution sale 3. the ROD shall report the matter to the court c. or effects of the defendant to satisfy demands . 1. 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. within 36 hours. ROD shall. it is valid as between parties but not to 3rd persons without notice MAY ALIENS REGISTER LEASE? YES 1. But between 2 attachments. or attachment upon registered land may be filed with ROD where land lies. If it is not registered. ATTACHMENT • A writ issued at the institution or during progress of an action commanding the sheriff to attach the property. Levy on execution REGISTRATION OF LEASE • It is the lessee. shall enter an order to owner to surrender certificate at the time and place named therein 4. actual knowledge is the same as registration 2. ROD to register by way of memorandum upon certificate of title 3. renewable for another 25 years WHO ELSE MAY REGISTER? Builder in Good Faith REGISTRATION OF TRUST 1. leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. right.
No 2nd adverse claim based on the same ground may be registered by the same claimant. posted in a public and conspicuous place in the place where the property is situated and at the main entrance of the provincial building Sale cannot affect rights of other lien holders unless given the right to defend their rights: due process must be strictly observed Tax lien superior to an attachment There is no need to register a tax lien because it is automatically registered once the tax accrues But the sale of registered land to foreclose a tax lien needs to be registered A mere money claim cannot be registered as an adverse claim. 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. PROCEDURE OF REGISTRATION OF TAX SALE: 1. Memorandum shall be entered in the certificate as an adverse claim or encumbrance 4. it may fine the claimant the amount of not less than 1. If the court also finds the claim to be frivolous. Officer’s return shall be submitted to the ROD together with the owner’s duplicate title 2. notice shall be sent to registered owner. After the lapse of 30 days. 2. after notice and hearing.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • • In personam (all persons interested shall be notified so that they are given an opportunity to be heard) Notice to be given to delinquent tax payer at his last known address Publication of notice must also be made in English. and a hearing must also first be conducted. No other provision is made in the Decree for the registration of such right or claim (Sec.000 pesos nor more than 5. Ong. Before the lapse of the 30-day period. PERIOD OF EFFECTIVITY. Adverse claimant must state the following in writing: 1. 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. upon the filing by the party-in-interest of a verified petition for such purpose b. CA. Such right arose subsequent to date of original registration 3. the court finds that the claim is invalid. how and under whom such alleged right or interest is acquired 3. Before the lapse of said 30 days. 69 SCRA 327 (1976) Page 285 of 297 . 298 SCRA 388 (1998) For this purpose. 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. Spanish. the interested party must file with the proper court a petition for cancellation of adverse claim. Such statement must be signed and sworn to before a notary public c. the description of the land in which the right or interest is claimed 4. and local dialect. title must be cancelled and new title will be issued 5. The disputed land is subject to the outcome of the dispute. his alleged right or interest 2. Before the cancellation. ADVERSE CLAIM Sajonas v. 70. land is adverse to the registered owner. to ask him to surrender title and show cause why it shall not be cancelled 3. upon the filing by the claimant of a sworn petition withdrawing his adverse claim c. when a party-in-interest files a petition in the proper RTC for the cancellation of the adverse claim and. • • • • FORMAL REQUISITES OF AN ADVERSE CLAIM FOR PURPOSES OF REGISTRATION: WNR a. the certificate of title number b. After a period of redemption has expired and no redemption made (2 years from registration of auction sale). CA. Register in the registration book 3. PD 1529) Sanchez v. • Claim is adverse when: QuickTime™ and a 1. • • Actual knowledge is equivalent to registration of adverse claim.000 pesos. The Register of Deeds cannot on its own automatically cancel the adverse claim. A claimant’s right or interest in registered TIFF (Uncompressed) decompressor are needed to see this picture. in its discretion Diaz-Duarte v.
and 5. interest expropriated. nature of public use • Memorandum shall be made or new certificate of title shall be issued CADASTRAL REGISTRATION is a proceeding in rem initiated by the filing of a petition for registration by the government. and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action. Juezan. ROD may also cancel by verified petition of . Levies on execution 4. compelled to go to court to make known their claim or interest therein and to substantiate such claim or interest • The government does not seek registration of the land in its own name Page 286 of 297 4. It may still be alienated but the purchaser is subject to the final outcome of pending suit 3. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY • Duty of the officer serving notice to file copy of notice to ROD where the property of debtor lies • Assignee elected or appointed by court shall be entitled to entry of a new certificate of registered land upon presentment of copy of assignment with the bankrupt’s duplicate certificate of title • New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings Judgment/Order Vacating Insolvency Proceedings • Order shall also be registered • Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate 2. the notice of adverse claim may be validly cancelled after the registration of such notice. For partition. Impossibility of alienating the property in dispute during the pendency of the suit 2. Proceedings in which the only object is the recovery of a money judgment OTHER PARTIES WHO NEED TO REGISTER: 1. G. not by the persons claiming ownership of the land subject thereof. the court may order the cancellation: QuickTime™ and a TIFF (Uncompressed) decompressor 1. Proceedings for the probate of wills 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. since the notice of lis pendens also serves the purpose of the adverse claim. When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party 4. To remove clouds upon the title thereof 4. No. and the latter are. Dy Piao. on the pain of losing their claim thereto. NOTICE OF LIS PENDENS Heirs of Marasigan v. in effect. • It merely creates a contingency and not a lien WHEN NOTICE OF LIS PENDENS IS PROPER: RQCPO 1. and may well be inferior and subordinate to those which may be finally determined and laid down therein. Villaflor v. or warn all people who deal with the property that they so deal with it at their own risk. EFFECT OF REGISTRATION: 1. 1958 An adverse claim may exist concurrently with a subsequent annotation of a notice of lis pendens. 103 Phil 858. certificate number.R. After showing that notice is picture. When it is shown that it is not necessary to protect the right of the party who caused the registration thereof 3. IAC. party who caused such registration 5. Proceedings for administration of estate of deceased persons and 5. May 28.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Ty Sin Tei v. To recover possession of real estate 2. Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered LIS PENDENS HAS NO APPLICATION TO THE FOLLOWING: 1. Preliminary attachment 2. GOVERNMENT IN EMINENT DOMAIN • Copy of judgment filed in ROD which states description of property. 152 SCRA 253 (1987) The purpose of the notice of lis pendens is to constructively advise. 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. 184 SCRA 315 (1990) When an adverse claim exists concurrently with a notice of lis pendens. only for purpose of are needed to see this molesting an adverse party 2. 11271. To quiet title thereto 3.
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. his application may be dismissed without prejudice (no res judicata) • if none of the applicants can prove that he is entitled to the land. If there are no successful claimants.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • The objective of the proceeding is the adjudication of title to the lands involved in the proceeding Purpose Petitioner comes to court to confirm his title and seeks the registration of the land in his name Landowner Government asks the court to settle and adjudicate the title of the land PROCEDURE: NN-CP-PAHD-DI 1. confirmation of an imperfect title Applicant and Government. the property is declared public land. Hearing of the case 8. Additionally. 1935 because there are vested rights which are protected Page 287 of 297 Nature Applicant Lands covered Parties • usually involves private land • it may also refer to public agricultural lands if the object ofQuickTim the e™ and a TIFF (Uncompressed) decompressor are needed action is to see this picture. National park UNDER THE PUBLIC LAND ACT: 1. opponent Landowners must come to court as claimants of their own lands . Mineral lands: inalienable • If patent or title is issued. Vera. Educational. Filing of petition 5. 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. Mineral lands 4. and he shall mark the boundaries of the lands by monuments set-up in proper places thereon 3. Residential. Alienable/disposable: a. Notice of cadastral survey published once in OG and posted in conspicuous place with a copy furnished to the mayor and barangay captain 2. charitable d. industrial c. 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. it will not ripen into ownership • Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15. Town sites and for public and quasipublic uses 2. posting 6. Filing of answer 7. 120 SCRA 210 ). Agricultural – only one subject to alienation 2. it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificate’s authenticity vis-à-vis the land covered therein (Republic v. Forest or timber 3. Agricultural b. commercial. Cadastral survey 4. PD 1529 Voluntary Landowner Cadastral Compulsory Director of Lands • all classes of lands are included Person who requests the survey Effect of judgment Government • no adverse claim • if the applicant fails to prove his title. Timber lands: inalienable 3. Publication (twice in successive issues of OG). it is void ab initio for lack of jurisdiction • It is not subject to acquisitive prescription even if in possession for long time. mailing. while the court has no jurisdiction to adjudicate lands already covered by a Certificate of Title.
2000) Page 288 of 297 . Fishponds have a distinct category and cannot be alienated but may be leased from government WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. religious or charitable purpose. therefore the conversion of agricultural land to fishponds did not change character of land • Now: It has a restricted meaning. Registered with the ROD: mandatory. then it may be reopened even after 1 year because registration does not shield bad faith • The court. Indefeasible when registered. or right of way (subject to consent of grantee and approval of Secretary of Environment & Natural Resources) EXCEPTIONS: 1. educational. confusion and uncertainty on the government system of the distribution of public lands may arise and this must be avoided) Except: if it is annullable on ground of fraud.1990 • paid real property taxes on the property while the same has not been occupied by any person • grant will be limited to 12 hectares only FREE PATENT To any natural born citizen of the Philippines (filing ended Dec. Alienations or encumbrances made in favor of the government ERRING HOMESTEADER NOT BARRED BY PARI DELICTO • Pari delicto rule does not apply in void contracts • Violation of prohibition results in void contract • Action to recover does not prescribe KINDS HOMESTEAD PATENT TO WHOM GRANTED To any Filipino citizen over the age of 18 years or head of a family REQUIREMENTS • does not own more than 12 hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than 12 hectares • must have resided continuously for at least 1 year in the municipality where the land is situated • must have cultivated at least 1/5 of the land applied for • does not own more than 12 hectares of land • has continuously occupied and cultivated. after alienation are when allowed already 4. 31. and deemed incorporated with Torrens system 1 year after the issuance of patent 2. title is indefeasible TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT: 1. association may lease land unless it is solely for commercial. No private corporation. Action for partition because it is not a conveyance 2. Actual physical possession. Subject to repurchase ofdec hompressor eirs within 5 years TIFF (Uncompressed) needed to see this picture. May not be opened 1 year after entry by LRA (otherwise. either by himself or his predecessors-ininterest. Deed of conveyance issued by government patent/grant 2. may direct reconveyance even without ordering cancellation of title HOMESTEAD RESTRICTIONS: 1. tracts of disposable agricultural public land for at least 30 years prior to March 28. Cannot be alienated within 5 years after approval of application for patent 2. industrial. in the exercise of its equity jurisdiction. it is the operative act to convey and transfer title 3. partnership. Cannot be liable for satisfaction of debt within 5 years after approval of patent application QuickTime™ and a 3.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 FISHPONDS • Before: It was included in the definition of agriculture. open and continuous • Land ceased to be part of public domain & now ownership vests to the grantee • Any further grant by Government on same land is null and void • Upon registration.
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 under free patent or homestead patent is prohibited from being alienated/encumbered. • occupant must have constructed his house on the land and actually resided therein • no public auction required • not subject to any restriction against encumbrance or alienation • Secretary of the DILG shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization SPECIAL PATENT To NonChristian Filipinos under the Public Land Act PROCEDURE FOR REGISTRATION OF PUBLIC LANDS: IFEFI 1. 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 Page 289 of 297 .. within 5 years from and after the issuance of the patent or grant (Republic v. After issuance of certificate of title. and improvement of at least 1/5 of the land until the date of such final payment • for agricultural lands suitable for residential. domain not needed for public service • not more than 1000 sq. it is registration which is operative act of conveying land. evidence of authority for ROD to register 4. Instrument is to be entered in books and owner’s duplicate to be issued • Instrument is only a contract between Government and private person and does not take effect as conveyance if unregistered. Sr. File the instrument with ROD 3. patent is issued only after: 1. 393 SCRA 361 ) 2. 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. and 2.) completion of the construction of permanent improvements appropriate for purpose for which the land is purchased (must be completed within 18 months from date of award) To any • does not own a citizen of home lot in the legal age for municipality in residential which he resides purposes • in good faith. Heirs of Felipe Alejaga.) full payment of purchase price. cultivation. Fees to be paid by grantee 5. land is deemed registered land within the purview of the Torrens system RESTRICTION ON ALIENATION/ENCUMBRANCE OF LANDS TITLED PURSUANT TO PATENTS: 1. established his residence on a QuickTime™ and a parcel of land of TIFF (Uncompressed) decompressor are needed to see this ppublic icture. except if in favor of the government. commercial or industrial purposes. m. Official issues an instrument of conveyance 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 SALES PATENT Citizens of the Philippines of lawful age or head of the family may purchase public agricultural land of not more than 12 hectares • to have at least 1/5 of the land broken and cultivated within 5 years from the date of the award (public auction) • shall have established actual occupancy.
Award of excessive damages. fatal infirmity in the decision for want of due process c. Petitioner has a real and dominical right b. and one from judicial decree and sold to 2 different persons. Newly discovered evidence c. committed outside trial. Section 118 of Commonwealth Act No. Person deprived of right is party to case PETITION FOR • Within 1 year after entry of REVIEW OF decree of registration REGISTRATION • it will not prosper if transferred DECREE to innocent purchaser for value GROUNDS: a. He has been deprived of such right c. actual or extrinsic fraud. purpose of the investigation is to determine whether fraud has in fact been committed in securing the title. If illiterate. The petition is filed within 1 Page 290 of 297 . the Torrens Title issued pursuant to the patent becomes indefeasible a year after the issuance of the latter. preventing petitioner from presenting his side b. the one-year prescriptive period provided in the Public Land Act does not bar the State from asking for the reversion of property acquired through such means. mistake. Fraud. Further. 141 proscribes the encumbrance of a parcel of land acquired under a free patent or homestead within five years from its grant.may still bring an action for the reversion to the public domain of land that has been fraudulently granted to private individuals. but not more than 6 months after judgment was entered REQUISITES: a. lack of jurisdiction of the court REQUISITES: a. 141. must be approved by the then Commissioner of Mindanao and Sulu NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE • In absence of registration. under Section 101 of Commonwealth Act No. state that deprived of hearing or prevented from appealing b. Sr. the land covered by them ceases to be part of the public domain and becomes private property. Therefore. Further.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 instrument or deed is written. with affidavit of merit. the one who bought it for value and in good faith and who registered first shall have preference Republic v. title to public land is not perfected and therefore not indefeasible • In case of 2 titles obtained on same date. Well-settled is the doctrine that the registration of a patent under the Torrens System does not by itself vest title. the one procured through a decree of registration is superior than patent issued by director of lands • 2 titles procured by one person: one from homestead patent. or insufficiency of evidence to justify decision. this indefeasibility cannot be a bar to an investigation by QuickTime™ and a the State as to howTIFF the title has been acquired. REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS MOTION TO • before judgment LIFT/SET ASIDE • FAME and with valid defense ORDER OF DEFAULT • under oath MOTION FOR NEW • 15 days from notice of TRIAL judgment GROUNDS: a. Through actual or extrinsic fraud d. registration under the Torrens System is not a mode of acquiring ownership. or that the decision is against the law APPEAL • 15 days from notice of judgment • To the CA/SC • 60 days after petitioner learns RELIEF FROM JUDGMENT of judgment. this indefeasibility of a title does not attach to titles secured by fraud and misrepresentation. After judgment c. it merely confirms the registrant’s already existing one. The prohibition against any alienation or encumbrance of the land grant is a proviso attached to the approval of every application. accident. FAME. Heirs of Felipe Alejaga. Furthermore. in case of extrinsic fraud. if the (Uncompressed) decompressor are needed to see this picture. Verily. However. the State -.even after the lapse of one year -. excusable negligence (FAME) which ordinary prudence could not have guarded against b. 393 SCRA 361 (2002) A free patent obtained through fraud or misrepresentation is void. Once a patent is registered and the corresponding certificate of title issued.
The action has not prescribed: must be instituted within a period of 6 years from the time the right to bring such action first occurred-which is the date of issue of the certificate of title g. or misdescription in any certificate of title or in any entry or memorandum in the registration book d. He is barred or precluded under the provisions of PD 1529 or under the provisions of any law from bringing an action for the recovery of such land or the estate or interest therein. Person is wrongfully deprived of his land by registration in name of another (actual or constructive fraud b. co-heir. There was no negligence on his part e. whose land was registered wrongly to another person • before issuance of decree. No negligence on his part c.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 year from the issuance of the decree e. if insolvent. or any error. omission. it must be instituted within 10 years. or other appropriate remedies are no longer available through no fault of the petitioner (Linzag v. Barred/ precluded from bringing an action (after 1 year from decree) d. CA. or arose after the original registration of the land c. 291 SCRA 304 ). it must be instituted within 4 years from the discovery of the fraud RECOVERY FOR REQUISITES: DAMAGES a. damage or deprivation was due to fraud. against national treasury • Where 2 certificates are issued to different persons covering the same land. or within/after 1 year from entry • action in personam • if based on implied trust. must be filed by the OSG for cancellation of title or reversion to State • Voiding or cancellation of OCT does not affect derivative TCTs if their holders not given opportunity to be heard and defend their title • May only be availed of when the ordinary remedies of new trial. imprescriptible • if based on fraud. damage or deprivation was occasioned by the bringing of the land QuickTime™ andoperation a under the of the TIFF (Uncompressed) decompressor are neeTorrens ded to see this system picture. The aggrieved party COMPENSATION FROM THE sustained loss or damage. the title earlier in date must prevail. petition for relief. mistake. Action for compensation has not prescribed ACTION FOR REQUISITES: a. The property has not been passed on to an innocent purchaser for value • available so long as property ACTION FOR not yet passed to innocent RECONVEYANCE purchaser for value • by aggrieved party. The loss. or plaintiff in possession • if based on expressed trust and void contract. ASSURANCE FUND* or is deprived land or any estate or interest therein b. • The objective is the Page 291 of 297 CANCELLATION SUITS ANNULMENT OF JUDGMENT REVERSION SUIT . f. unless procured by fraud or is jurisdictionally flawed • The later title should be declared null and void and ordered cancelled • It is the aggrieved party that institutes the action • In case of non-registered land. and imprescriptible if by registered owner or his children. Such loss. Execution first against person responsible for fraud.
record. 121 and 122 of the Public Land Act (ex. • Money shall be in the custody of the National Treasurer who shall invest it until principal plus interest aggregates to 500. In short. Breach of trust 2. Action to recover from assurance fund has not prescribed LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS: 1. purchaser or encumbrancer in good faith who suffered actual damage by loss of land. 476. and estoppel do not bar reversion suits • Brought to remove clouds on the title to real property or any interest therein. Violation of Sections 118. must be brought within 10 years from loss of possession The State may criminally prosecute for perjury the party who obtains registration through fraud. When land patented and titled is not capable of registration c. Mistake in resurvey resulting in expansion of area in certificate of title Page 292 of 297 . claim. When area is an expanded area e. Cainglet. owner. a sworn declaration of 2 disinterested persons on the value of the land. When the land is acquired in violation of the Constitution (e. if not. 190 SCRA 82 ) • Imprescriptible if plaintiff is in possession.000. Claimant is barred from filing action to recover said land 4. land acquired by an alien) • Indefeasibility of title. such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings (People v. effective. alienation or sale of homestead executed within the 5 year prohibitory period) b. laches. he is deprived of his land or interest therein 2. ¼ 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. voidable or unenforceable. subject to determination by court.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 cancellation of the certificate of title and the consequential reversion of the land covered in the land grant to the State • GROUNDS: a. 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. 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. a person who has an equitable right or interest in the property may likewise file such action (Mamadsul v. Civil Code) • An ordinary civil remedy QuickTime™ and a •(UncoAside from the registered TIFF mpressed) decompressor are needed to see this picture. or proceeding which is apparently valid or effective but is in truth and in fact invalid. 120. Failure of the grantee to comply with conditions imposed by law to entitle him to a patent or grant d. • Upon entry of certificate in name of owner or TCT. No negligence attributable to him 3. Moson.g. Claimant must be owner. and may be prejudicial to said title (Art. prescription. by reason of any instrument. 16 SCRA 749  ) 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. encumbrance. is required.
thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities • title After notice and hearing. insane or imprisoned. 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 . Action due to deprivation of land due to mistake. Omission or error was made in entering certificate 4. duplicate or entry in books 5. summary proceeding • Entries in registration books are not allowed to be altered except by order of court • Grounds: 1. Satisfy claims from private persons first 2. etc: ROD and National Treasurer as defendants. Name of person on certificate has been changed 5. it is considered to be the more permanent and stable one as compared to lis pendens 3. Private persons involved should also be impleaded LIABILITY: 1. the party must petition the court to compel the surrender of duplicate certificate of title to ROD • After hearing. PETITION SEEKING SURRENDER OF DUPLICATE TITLE • In voluntary and involuntary conveyances: when the duplicate cannot be produced. Mistake. 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. negligence. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE • A certificate of title cannot be altered. omission. New interest that does not appear on the instrument have been created 2. Registered owner has married 6. Action prescribes in 6 years from time plaintiff actually suffered loss 3. If plaintiff is minor. Cancellation AGAINST WHOM ACTION IS FILED: 1. 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. Registration of 3rd persons as owner 3. omission of ROD. Sol-Gen must appear 2. Omission. Interest have been terminated or ceased 3. he a has additional 2QuickTime™ years andafter disability is TIFF (Uncompressed) decompressor this picture. 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. misdescription in 4. he can be charged with the complex crime of estafa through falsification of public document • 2. certificate of title. When unsatisfied: secondarily liable is the National Treasurer who shall pay through the assurance fund. Corporation which owner registered Page 293 of 297 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. mistake. Marriage has terminated 7. the court is to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate) If false statement. amended except in direct proceeding in court.notwithstanding removed toare needed file to see action expiration of regular period PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION: 1. Any court of competent jurisdiction: RTC in city where property lies or resident of plaintiff 2. misfeasance of ROD or clerk of court 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS: 1. therefore.
lease. which was the basis of the certificate of title. Substantial loss or destruction of the original land titles due to fire. The number of certificates of title lost or damaged should be at least 10% of the total number in the possession of the Office of the ROD 3. mortgagee’s or lessee’s duplicate of said certificate c. substitution of name of registered owner) a. Authenticated copy of the decree of registration or patent. Administrative • May be availed of only in case of: 1. or an authenticated copy thereof indicating its original had been registered and pursuant to which the lost or destroyed certificate of title was issued c. Alterations which do not impair rights and b.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 land has dissolved and has not conveyed the property within 3 years after its dissolution 8. and issue an order to ROD • The lack of essential data is fatal SOURCES OF JUDICIAL QuickTime™ and a TIFF (Uncompressed) decompressor OF TITLE RECONSTITUTION are needed to see this picture. after proper proceedings in the same form they were when the loss or destruction occurred (Heirs of Pedro Pinote v. b. previously issued by the ROD d. or encumbrance containing description of property covered by the certificate of title and on file with the ROD. Owner’s duplicate of the certificate of title b. Alterations which impair rights: with consent of all parties c. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE • The restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. or an authenticated copy thereof indicating that its original had been registered f. FOR OCT (in this order): a. 2. and c for reconstitution of OCT b. old survey was incorrect. Certified copy of such certificate. Deed of transfer or other document containing description of property covered by TCT and on file with the ROD. in the judgment of the court. Deed of mortgage. e. Dulay. 1. FOR TCT a. the new title have the same validity as old title • Kinds: a. Same as sources a. and 4. Co-owner’s. flood. or other force majeure as determined by the Administrator of the LRA 2. the proper petition is not reconstitution of title. but one filed with the court for issuance of new title in lieu of the lost copy Page 294 of 297 . the records have been destroyed • When reconstituted. Any other document which. Alterations to correct obvious mistakes 5. Judicial • File a petition with the RTC • To be published in OG for 2 consecutive issues and on main entrance of municipality for at least 30 days before hearing • In rem proceedings • Court is to order reconstitution if it deemed fit. is sufficient and proper basis for reconstitution. Petitioner must have the duplicate copy of the certificate of title (RA 6732) NOTES: • The law provides for retroactive application thereof to cases 15 years immediately preceding 1989 • When the duplicate title of the landowner is lost. In no case shall the number of certificates of title lost or damaged be less than 500. as the case may be. Same as sources (e) and (f) for reconstitution of OCT b. technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired. under the custody of ROD • Purpose: to have the same reproduced. 187 SCRA 12 ) • As consequence of war. What corrections are permitted in title (which does not include lands included in original.
ISSUE: Whether the trial court acquired jurisdiction over the case HELD: Page 295 of 297 . 146081. if any. 593 (1984) Notice must be actually sent or delivered to parties affected by the petition for reconstitution. and all persons who may have any interest in the property is not required if the petition is based on the owner’s duplicate certificate of title or on that of the co-owner’s. Without serving notices of the petition to adjoining owners. 353 SCRA 699 (2001) Service of notice of the petition for reconstitution filed under RA 26 to the occupants of the property. such order of reconstitution is null and void. Sta. The location. to every person named in said notice • This should be done at least 30 days prior to the date of hearing. as yet PUBLICATION. is not a substantial compliance with the law because Section 13 specifies OG and does not provide for any alternative medium or manner of publication. if any. That no co-owner’s. Owner’s duplicate of the certificate of title b. mortgagee’s. or lessee’s duplicate of said certificate CONTENTS OF PETITION 1. of the Official Gazette. The nature and description of the buildings or improvements.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 SOURCES FOR ADMINISTRATIVE RECONSTITUTION: a. The reconstitution of the title is based on Sanchez’s duplicate title. if there be any. The names and addresses of the (a) occupants or persons in possession of the property. MAILING AND POSTING IN PETITIONS FOR RECONSTITUTION OF TITLE: • Notice thereof shall be published twice in successive issues of the OG • Must be posted on the main entrance of the provincial building and of the municipal building of the municipality or city where the land is situated • To be sent by registered mail or otherwise. the RTC then granted the petition for reconstitution. Manila Railroad Company v. Puzon v. Co-owner’s. as well as posting of the notices in the main entrance of the provincial and municipal buildings where the property lies at least 30 days prior to the date of the hearing. are mandatory and jurisdictional requisites… If an order if reconstitution is issued without any previous publication as required by law.R. Sison. A detailed description of the encumbrance. Sanchez. G. LRA submitted to the Court another report claiming that the first report was fake and recommends that the RTC set aside its decision. mortgagee’s. Even the publication of the notice of hearing in a newspaper of general circulation like the Manila Daily Bulletin. mortgagor’s. MWSS v. Republic v. has never become final as it was null and void. owners of the adjoining properties. They submitted to the RTC a Report allegedly signed by the Chief of the Reconstitution Division of the LRA stating that the technical description of the lot does not overlap previously plotted properties. therefore. The order of reconstitution. area and boundaries of the property 4. Lucia Realty and Development. 215 Phil. as prescribed by Section 13 of the law (RA 26). or. 2006 FACTS: Sanchez sought for reconstitution of titles alleged to have been destroyed by a fire which razed the Office of the ROD in June 1988. at the expense of the petitioner. or lessee’s. or lessee’s duplicate had been issued 3. and the names and addresses of the owners of such buildings or improvements 5. having been issued without compliance with the said requirement. July 17.. the service of the notice of hearing to the adjoining owners and actual occupants of the land. That the owner’s duplicate of the certificate of title had been lost or destroyed 2. the registration thereof has not been accomplished. (b) of the owners of the adjoining properties and (c) of all persons who may have any interest in the property 6. Inc. affecting the property 7. Moya. 124 SCRA 394 (1983) QuickTime™ and a The publication of the petition in 2 successive issues TIFF (Uncompressed) decompressor are needed to see this picture. LRA also claims that the notice of the petition should have been served on adjoining owners as one of the jurisdictional requirements since the Authentic LRA Report found Sanchez’s title to be a fake title. which do not belong to the owner of the land. After the decision became final. No. A statement that no deeds or other instruments affecting the property have been presented for registration.
Consequently. the issuance of TCT No. 2006 FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. confirming the sale. As a general rule. The said title is registered in the QuickTime™ and a name of Aurelio Zaldivar. she claimed it had been lost. 6. (1) a notice be published in 2 successive issues of the OG at the expense of the petitioner. in turn. 17993 was issued in Aurelio’s name. Gil allegedly purchased the property from Remegia. Aurelio’s father-in-law. (4) the location of the property. 8502 in Aurelio’s name. Secure an order from court OFFENSES IN LAND REGISTRATION: 1. The notice shall state the following: (1) the number of the certificate of title. The failure to meet any of the necessary publication.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 No. the judgment rendered by the RTC is void and will never become binding or final as it is a nullity right from the very start. Fraudulent procurement of certificate 4. 162593. 8502 did not acquire jurisdiction. It was originally leased to Pio Dalman. and continuously or for 41 years already. Sections 9 and 10 of RA 26 will apply and not Sections 12 and 13. and with TCT No. There is no report from a pertinent government agency challenging the authenticity of the duplicate certificates of title presented in Puzon. because the court that rendered the decision had no jurisdiction. such as when it was based on void documents. She attempted to mortgage the lot to Ignacio Gil. Forgery Page 296 of 297 Remigia alleged that she was the registered owner of a lot. A petition for partial cancellation of the said TCT was granted and TCT No. notices to adjoining owners and to actual occupants of the land are not required. T-17993 and reconveyance of the property covered therein. REGISTRATION OF TRANSACTION EVIDENCED BY LOST DOCUMENT • ROD is forbidden to effect registration of lost or destroyed documents • Steps by interested parties: 1. notice of hearing and mailing requirements did not vest jurisdiction of the case to the court. Feliciano v. T-8502 because when they asked Remegia about it. but the mortgage did not push through. TIFF (Uncompressed) decompressor are needed to see this picture. The Zaldivars. (2) the name of the registered owner. But Puzon is not applicable here. adversely. and (2) such notice be posted at the main entrances of the provincial building and of the municipal hall where the property is located. Perjury: false statement under oath 3. and (5) the date on which all persons having an interest in the property must appear and file such claims as they may have. They also allege that they and their predecessors-in-interest have been occupying the said property since 1947. claimed that Aurelio bought the property from Dalman who. Thus. GR No. The source of the petition for reconstitution in the case at bar was petitioner’s duplicate copies of the TCTs. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. Section 9 and 10 or RA 26 require that 30 days before the hearing. bought the same from Gil in 1951. openly. but is in fact in the possession of another person. emanating as it did from the void TCT No. on the other hand. She vehemently denies that she and her uncle never executed a joint affidavit . 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. The trial court correctly held that the CFI which granted Aurelio’s petition for issuance of new owner’s duplicate copy of TCT No. and that TCT No. Spouses Zaldivar. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. It may be challenged at any time. part of which is that covered by the above TCT. then the reconstituted certificate is void. 17993 is also void. Sections 12 and 13 of RA 26 must apply because the owner’s duplicate is claimed by the LRA to be spurious. 8502. publicly. Procure an authenticated copy of lost or destroyed instrument 2. In petitions for reconstitution where the source is the owner’s duplicate copy. (3) the names of the interested parties appearing in the reconstituted certificate of title. The indefeasibility of a Torrens title does not apply where fraud attended the issuance of the title. September 26. It has been consistently held that when the owner’s duplicate certificate of title has not been lost. Larceny 2. 8502 was never lost.
Page 297 of 297 . 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. If found in order. then registration is refused writing his reason for refusal QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. register 3. signature or handwriting of any officer of court of ROD b. Forging of seal in ROD. Presentment of instrument dealing in unregistered land 2. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered. Forging of handwriting. Use of any document which an impression of the seal of the ROD is forged 5. and an index system is also kept Procedure: 1. If found defective.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. signature of persons authorized to sign d. name. deceitful disposition of property as free from encumbrance SYSTEM OF REGISTRATION UNREGISTERED LANDS • • • • FOR • • • • System of registration for unregistered land under the Torrens System (Act 3344) Before: covers voluntary dealings Now: it includes involuntary dealings Effect: if prospective. Fraudulent stamping or assistance in stamping c.
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