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LAND TITLES MIDTERM REVIEWER (Aquino Book Chapters 1 9) Timothy Lim 2a 2009-2010 CHAPTER 1 TORRENTS SYSTEM AND PURPOSE,

E, THE GOVERNING LAW, THE PROPER COURT Torrens System a system for registration of and under which, upon the landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title -the system of registration under the Spanish Mortgage Law has been discontinued and law lands granted which are not yet covered by a certificate of title issued under the Torrens system are considered unregistered lands -first introduced in Australia by Sir Robert Torrens in 1857 Purpose: to quiet title of land to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto 1.)avoid possible conflicts of title in and to real property 2.)facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate Take Note: purpose is NOT the acquisition of land but only the registration of title Nature of proceedings: Registration of lands throughout the Philippines shall be in rem and shall be binding on the whole world because by the description in the notice To All Whom It May Concern. It binds all persons known and unknown. Jurisdiction: Regional Trial Court now have plenary jurisdiction over land registration proceedings. Delegated Jurisdiction: Section 34 of Batas Pambansa Blg. 129 (Judiciary Reorganization Act of 1980) Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots, the value of which does not exceed P100,000. -There decision in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. CHAPTER 2 ADMINISTRATION OF TORRENS SYSTEM Land Registration Authority agency of the government charged with the efficient execution of the laws relative to the registration of lands, and is under the executive supervision of the Department of Justice. -Headed by an Administrator and is assisted by 2 Deputy Administrators, all whom are appointed by the President upon the recommendation of the Secretary of Justice Register of Deeds 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 -Appointed by the President upon the recommendation of the Secretary of Justice. And also, has been in the practice of law for 3 years, and has been working for any

And also, has been in the practice of law for 3 years, and has been working for any branch of the government for 3 years the function of which include the registration of property -assisted by a Deputy Register of Deeds, a member of the Philippine Bar and appointed by the Secretary of Justice upon recommendation of the Administrator of the Authority A.General Functions immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration -He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled -prepares and keeps an index system which contains the names of all registered owners alphabetically arranged, and all the lands respectively registered in their names B.Ministerial character of duty to register instrument Register of Deeds is entirely precluded from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid. -The determination is a function that belongs to a court C.When register of Deeds may deny registration 1.) Where there are more than one copy of the owners duplicate certificate of title and not all such copies are presented to the Register of Deeds -every copy must contain identical entries of transactions 2.) Where the voluntary instrument bears on its face an infirmity 3.) Where the validity of the instrument sought to be registered is in issue n a pending court suit 4.) When it is a private document. Section 112 of P.D. No. 152 provides that deeds of conveyances affecting lands should be verified and acknowledged before a notary public or other public officer authorized by law to take acknowledgement Take Note: if the Register of Deeds is in doubt as to the proper action, he should subit the question to the Administrator of the LRA CHAPTER 3 ORIGINAL REGISTRATION UNDER P.D. NO. 1529 Requisites in ordinary land registration proceedings: 1.) Survey of Land by the Bureau of Lands or a duly license private surveyor 2.) Filing of application by applicant 3.) Setting of date for the initial hearing 4.) Transmittal of the application and all documents by the Clerk of Court to the LRA 5.) Publication of a notice of filing and date and place of the hearing in the Official Gazette 6.) Service of Notice to interested parties 7.) Filing of answer 8.) Hearing of the case 9.) Promulgation of judgment 10.) Issuance of the decree 11.) Entry of the decree of registration 12.) Sending of copy of the decree to the Register of Deeds 13.) Transcription of the decree of registration in the registration book and issuance of the owners duplicate original certificate of title Take Note: a certificate of titled issued without fully complying with the above

Take Note: a certificate of titled issued without fully complying with the above requisites are thus illegal and invalid and may be cancelled by the courts Who can be Applicants? 1.) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier -dont count the years when land was inalienable even if occupied 2.) Those who have acquired ownership of private lands by prescription under the provisions of existing laws 3.) Those have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws 4.) Those who have acquired ownership of land in any other manner provided for by law Take Note, others who may file: 1.) when the land is owned in common, all the co-owners shall file the application jointly 2.) where land is sold under pacto de retro, the ventro a retro may file, but should the period for redemption expire during pendency, and ownership to the land is consolidated in the vendee a retro, the latter should substitute the former in the proceeding 3.) a trustee on behalf of his principal, unless prohibited by trust Acquisition under the Civil Code: (1) Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for 30 years, without need of title or of good faith. -this talks about ownership of private lands by prescription -The following rules shall apply: 1.) The present possessor may complete the period by tacking his possession to that of his grantor or predecessor-in-interest 2.) The present possessor who was also the possessor at a previous time, is presumed to have continued to be in possession during the intervening time in the absence f proof to the contrary 3.) The first day shall be excluded and the last day included (2) Article 457 of the code provides that to the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Requisites are the ff: 1.) That the deposit be gradual and imperceptible 2.) that it be made through the effects of the current of the water 3.) That the land where accretion takes place is adjacent to the banks of rivers - Alluvion must be the exclusive work of nature, not caused by human intervention -Title is already vested in the riparian owner once accretion happens. He must only register it -Accretion from the sea is part of public domain and generally outside the commerce of man (3) Article 461 of the code states that river beds through the natural change in the course of the water ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of land adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed

Acquisition by other means: 1.) By presidential proclamation -in effect, it is a type of land grant -constitutive of a fee simple title 2.) When Republic of the Philippines cedes reserved areas -example would be UP Persons who cannot file: 1.)A public land sales applicant is not a proper party to file for registration of the same land covered by his sales application -however, an applicant is not barred from pursuing his application although his predecessor-in-interest was a free patent applicant if th latter, at the time he filed such public land application, had already acquired an imperfect title through continuous 30-year possession in the concept of an owner 2.)A mortagee, or his successor-in-interest to the mortgage, cannot apply for the registration of the land mortgaged, notwithstanding lapse of the period for the mortgagor to pay the loan secured or redeem it. -it would amount to a pactum commissorium which is invalid 3.)An antichretic creditor because his possession is not the concept of an owner but a mere holder placed in possession of the land by its owner the debtor 4.)a 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 upheld by the courts, cannot apply for the same land in a registration proceeding -res judicata applies Forms and Contents of Application: It shall be in writing, signed by applicant, and sworn to before ay officer authorized. The application shall contain the following: 1.)Description of the land 2.)The citizenship and civil status of the applicant 3.)The assessed value of the land 4.)Encumbrances of any kind 5.)The manner by which the applicant has acquired the land -muniments of title 6.)The full names and addresses of all occupants and adjoining owners 7.)If there any claims to public or private roads which bound the land 8.)Any other information requested -may conduct an ocular inspection -an application may include 2 or more parcels of land belonging to the applicant/s provided they are situated within the same province or city -an applicant who is not a resident must appoint a representative to file his application for him CHAPTER 4 JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER PUBLIC LAND ACT Nature Just title = buying the land Imperfect title = possession in bad faith -Nature of proceeding is the same as ordinary proceeding in that both take the nature of judicial proceeding and for both the decree of registration issued in conclusive and final

Period for filing applications -not beyond December 31, 2020 -this period shall apply only where the area applied for does not exceed 12 hectares Who may apply? 1.)Filipino citizens who by themselves or through their predecessor-in-interest have been I open, continuous, exclusive and notorious possession of alienable and disposable public domain since June 12, 1945 2.)Filipino citizens who by themselves or through their predecessor-in-interest have been I open, continuous, exclusive and notorious possession of agricultural land for at least 30 years, or at least since January 24, 1947 3.)Private corporations or associations which had acquired lands, formerly part of alienable lands of public domain, from Filipino citizens who had possessed the same in the same length of time in numbers 1 and 2 (in other words, when corporation bought private land) -if the land is still part of public domain, then a private corporation cannot institute such proceedings 4.)Natural born citizens of the Philippines who have lost their Philippine citizenship, who have acquired alienable lands from Filipino citizens who had possessed the same in the length of time in numbers 1 and 2 (in other words through succession or inheritance) Confirmation of title over land previously declared public land A judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land CHAPTER 5 NON-REGISTRABLE PROPERTIES Properties of public dominion are not subject to private ownership. 1.)Those intended for public use such as roads, ports, bridges, etc. 2.)Those which belong to the State 3.)Also, waters are of public domain Specific kinds of non-registrable lands: A.)Forest or timberland -does not lose such classification simply because loggers or settlers may have stripped it b.)Mangroves swamps c.)Mineral lands -mineral deposits, gold, copper, etc. -what if it was a private land where in minerals are then discovered? Title is still valid but mineral deposits are owned by the State (mineralized land) d.)Foreshore land and Seashore -Beach. If you want to use the beach to make a pier from your house to the ocean, you have to get a foreshore lease from State e.)Navigable rivers, streams and creeks -There are three elements namely: 1. the running waters 2. the bed 3. the banks -rivers, whether navigable or not, is not alienable f.)Lakes

f.)Lakes g.)Military Reservations h.)Other kinds of reservations i.)Watershed water from roots of trees on top of mountains j.)Grazing lands pasture lands found in the mountains k.)Previously titled land L.)Alluvial deposit along river when man made avulsion CHAPTER 7 PUBLICATION, OPPOSITION, DEFAULT Process is: 1)After filing the application, the RTC after 5 days from filing must issue an order setting the date and hour of the initial hearing which shall not be earlier not 45 days nor later than 90 days (45<x<90) 2.)Public shall be given notice (mandatory requirement) of the initial hearing of the application for land registration by means of: a.) publication -the commissioner of LRA shall cause notice to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines -said notice shall be addressed to all persons appearing to have an interest in the land involved Purpose and effects of publication: 1.)to confer jurisdiction over the land applied for upon the court -the jurisdiction attaches to the land, if it is later shown that registration was made to part of the land without jurisdiction through publication, that decree of registration with regard to that piece of land is null and void -if the difference between the publication and the registered deed is not so substantial, then the decree is completely valid -if during the proceedings, amendments are done to the original survey adding land not previously included in the original plan should new publication be made. -Conversely, if the amendment does not involve an addition, but contrary, a reduction of the original area that was published, no new publication is required -courts which have been validly acquired jurisdiction cannot be divested of such jurisdiction by a subsequent administrative act 2.)to charge the whole world with knowledge of the application -When is publication defective? Examples are: 1.) What was published is a bigger area which includes lands subject of registration

the adjoining owners of the bigger lot would not be the same as the owners of the
smaller lots subject of registration. Hence, notice to adjoining owners of the bigger lot is not notice to those of the smaller lots 2.) Where the actual publication of the notice was after the hearing itself b.) mailing -Commissioner of LRA shall cause a copy of the notice of initial hearing of the application to the ff: 1.)to every person named in the notice within 7 days after publication of said notice 2.)secretary of Public works and highways, Provincial Governor and to the Mayor of the Municipality or city in which the land lies 3.)Secretary of Agrarian Reform, Solicitor General, Director of Land Management, Director of Mines and/or Director of Fisheries and Aquatic Resources

Director of Mines and/or Director of Fisheries and Aquatic Resources 4.)To such other persons as the court may deem proper c.) posting -Administrator of LRA shall cause the Sheriff to post in a conspicuous place on each parcel of land, and on the bulletin board of the municipal building 14 days before the date of the initial hearing Opposition to application: -any person claiming an interest, whether named or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court -the oppositor does not have to show title in himself, he should however appear to have an interest in the property Examples of oppositors: 1.)a homesteader who had not yet been issued his title but who had fulfilled all the conditions required by law to entitle him to a patent 2.)a purchaser of friar land before the issuance of the patent to him 3.)persons who claim to be in possession of a tract of public land and have applied with the Bureau of Lands for its purchase -however, a mere foreshore lessee of public land cannot be an oppositor, since he cannot be considered an equitable owner of the land Default -absent any oppositor, the court will then issue an order of default Effects of Default -where there is no opposition, all the allegations in the application are deemed confessed on the part of the opponent. -a defaulted interested person may however gain standing in court by filing a motion to set aside the order of default. Non-appearance due to fraud, accident, mistake or excusable neglect and that he has a meritorious defense. When default order improper Where an oppositor has already filed with the court an opposition based on substantial grounds, it is improper, even illegal, to declare him in default for failure to appear -remedy to contest an illegal declaration or order of default is a petition for certiorari, not an appeal Motion to dismiss application -lack of jurisdiction -Res Judicata CHAPTER 7 EVIDENCE Burden of Applicant -an applicant may only register land if he is the owner in fee simple of the same, even though there is no opposition presented against such registration by third persons -burden is for him to show that he is the real absolute owner, in fee simple -presumption is always that th land pertains to the State What the Applicant must prove 1.)declassified from the forest or timber zone 2.)public agricultural land 3.)alienable and disposable 4.)capable of registration

4.)capable of registration 5.)identity of that land 6.)proof of possession and occupation 7.)muniments of title Specific Evidences Proofs of declassified from forest zone, alienable and disposable, and is registrable 1.)Presidential proclamation 2.)Executive order 3.)Administrative order issued by the Secretary of Environment and Natural Resources 4.)Bureau of Forest Development Land Classification Map 5.)Certificate by the Director of Forestry; and reports of District Forester -mere recommendation of the District Forester for release of the land not evidence of such release 6.)Investigation reports of Bureau of Lands investigator 7.)Legislative Acts Proofs not sufficient to establish declassification 1.)Survey plan, even if approved by the Bureau of Lands 2.)Conversion of land into fishpond and the titling of properties around it 3.)Land has become highly developed residential or commercial land 4.)Pasture lease permits 5.)Public grazing land 6.)Certification by the Director of Forestry Proofs on identity of land 1.)Survey plan in general -must be approved by the Director of Lands 2.)Tracing cloth plan and blue print copies of plan -even the true certified copy of the white paper plan would suffice 3.)Technical description of the land applied for, duly signed by a Geodetic Engineer 4.)Tax Declarations 5.)Boundaries and area -well defined boundaries will prevail over area, and in case of conflict, the former controls the latter Proofs of private ownership 1.)Spanish titles in pending cases -Rule here is that only those registered before August 16,1976 are valid 2.)Tax declarations and realty tax payments -non conclusive evidence of ownership, but they are at least proof that the holder had a claim of title over the property -but they become strong evidence of ownership when accompanied by proof of actual possession of the property 3.)Presidential issuances and legislative acts 4.)Testimonial evidence 5.)Deeds of sale Proofs not sufficient to establish private right or ownership 1.)compromise agreement

1.)compromise agreement 2.)decision in an estate proceeding of a predecessor-in-interest of an applicant which involved a property of a decedent who had no transmissible right 3.)A survey plan, even if approved Possession as mode of acquiring ownership Effect of possession -open, exclusive, and undisputed possession of alienable public land for the period prescribed by law creates the legal fiction whereby the land upon completion of the required period ceases to be public land and becomes private property Start of requisite period It is only the date it was released as an agricultural land for disposition that the period of occupancy for purpose of confirmation of imperfect or incomplete title may be counted Tacking of possession to that of predecessor Only when there is privity Proofs not sufficient to establish possession 1.)mere casual cultivation of portions of land 2.)tax declaration 3.)possession by mere tolerance 4.)tacking without witness -no proof of possession of predecessor 5.)failure of fiscal to cross-examine the applicant 6.)the possession of other persons 7.)declaring uncultivated land for taxation purposes and visiting it once in a while CHAPTER 8 HEARING, JUDGMENT AND POST-JUDGMENT INCIDENTS IN ORDINARY LAND REGISTRATION The trial court must dispose of the case within 90 days from date of submission thereof for decision -may refer to a referee who shall hear the parties and their evidence, and the referee shall submit his report to the court within 15 days after termination of such hearing -the court in its discretion may accept the report, or set it aside in whole or in part Res Judicata may also bar the proceedings. Requisites: a.)the former judgment must be final b.)must have been rendered by a court with jurisdiction over the subject matter and of the parties c.)judgment on the merits d.)there must be, between the first and second actions, identity of parties, of subject matter, and cause of action Judgment in a case where only a portion of the land subject of registration is contested, the court may render partial judgment -if the applicant asserts ownership to and submits evidence only for a portion of a lot, the inclusion of the portion not claimed by the applicant is void Reports of officials the duty of LRA officials to render reports is not limited to the

Reports of officials the duty of LRA officials to render reports is not limited to the period before the courts decision becomes final, but may extend even after its finality but not beyond the lapse of 1 year from the entry of the decree Dealings while land pending Applicant may sell the land during pendency of the proceeding because the proceeding recognizes him as the owner. The buyer may be a strager to the case, the only requirements for the decree to be issued to the buyer is that: 1.) that the instrument be presented to the court by the interested party together with a motion that the same be considered in relation with the application and 2.)that prior notice be given to the parties to the case Finality of judgment the finality of the decree is to the lapse of 15 days counted from receipt of the notice of judgment. If an appeal is taken from the judgment of the lower court, the 15 day period should be reckoned from receipt of notice of judgment of the appellate court Receipt of Solicitor General Court orders and decisions sent to the Fiscal, acting as the agent of the Solicitor General in land registration cases, are NOT binding until they are actually received by the SolGen Retained control of the courts Notwithstanding the lapse of 15 day period, the court continues to retain control of the case until the expiration of 1 year after the entry of decree Issuance of the decree After the judgment directing the registration of title to the land has become final, the court shall, within 15days from entry of judgment, issue an order directing the Administrator to issue the corresponding decree of registration and certificate of title The clerk of court shall within 15days send to the Administrator certified copies of the judgment Take note: the court may nonetheless still issue said order even beyond that period so as not to prejudice the adjudged owner. Reason for this is that the judgment is merely declaratory in character Remedies where records are lost If records are lost and not reconstituted pursuant to law, the parties are deemed to have waived the effects of the decision rendered in their favor and their only alternative is to file an action anew for the registration in their names of the lots in question If the records of the trial court are intact and only the records in the appellate court were destroyed, then the rule is as follows: The parties should go back to the next preceding stage where records are available, but not beyond that Post Judgment Incidents A. Writ of Possession -Winning party carries with it the delivery of possession of subject land (right of possession is inherent in that of ownership) -a writ of possession may be issued not only against the person who has been defeated in a registration case but also against anyone unlawfully and adversely occupying the land -no prescription for its issuance

-no prescription for its issuance When writ may not be issued When parties against whom a writ of possession is sought have been in possession of the land for at least 10 years, and they entered into possession apparently after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will not issue. They cannot be ousted without giving them their day in court. Remedy when there is refusal to vacate land despite writ Hold such persons in contempt B. Writ of demolition The writ of demolition is but a complement of the writ of possession, without which the latter would be ineffective CHAPTER 9 CADASTRAL REGISTRATION PROCEEDING What is a cadastral proceeding? -There are 2 ways for Judicial acquisition of title namely: Registration, Imperfect title and Cadastral Proceeding. -It is an act of Generosity from the Government -Settlers/Squatters will not make the first move in registering land because of the expensive filing fees and other expenses, so the Government will make the move for them. -the effects of the decrees is the same as obtaining by virtue of the ordinary land registration proceeding Steps taken 1.)When in the opinion of the President of the Philippines public interest so requires, he may order the Director of Land management to cause a cadastral survey of the land 2.)Director of Land Management shall give notice to persons claiming any interest in the lands as well as the general public (once in the Official Gazette and in the bulletin board) 3.)Geodetic Engineers shall give notice in advance before the survey shall take place. Such notice shall be posted in the Bulletin board and shall mark the boundaries of the lands by monuments 4.)Every person having interest must communicate with the Geodetic Engineers 5.)Any person who interferes shall be punished by a fine of not more P1000 or by imprisonment for not more than one year or both Petition Contents Instituted by the Director of Land Management, represented y the Solicitor General, in the RTC where the land in located Notice of initial hearing By publication shall cause notice thereof to be published twice, in successive issues of the Official Gazette, in English language By mailing LRA administrator within 7 days after publication cause a copy of the notice to be mailed to every person named therein By posting in a conspicuous place upon the chief municipal building

Answer to petition It is in a type of fill in the blanks kind of form making it easier for the applicants to answer and reply Hearing; Judgment; Decree -Rules of Court is applicable to both ordinary land registration and cadastral cases -the cadastral court is not limited to merely adjudicating ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land -the cadastral court may also: 1.)order the correction of the technical description of the land 2.)resolve as well the priority of over-lapping titles -Appeal shall also be made within 15days Reopening of cadastral cases -Courts are without jurisdiction or authority to reopen a cadastral proceeding since December 31, 1986