Professional Documents
Culture Documents
Civil Law (Land Titles) Memory Aid Ateneo Central Bar Operations 2001
Civil Law (Land Titles) Memory Aid Ateneo Central Bar Operations 2001
8.Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not
transferable except by hereditary succession
Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL CHARACTERISTICS
ADVANTAGES:
1.Abolishes endless fees
2.Eliminates repeated examination of titles
3.Reduces records enormously
4.Instantly reveals ownership
5.Protects against encumbrances not noted on the Torrens certificate
6.Makes fraud almost impossible
7.It assures
8.Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees
9.Eliminates tax titles
10.Gives eternal title as state ensures perpetuity
11.Furnishes state title insurance rather than private title insurance
12.Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of
days
PURPOSE OF TORRENS LAW:
quiet title to land once registered, owner might rest secure
PERSONS BOUND WHEN TITLE NOT REGISTERED
1.Grantor
2.Heirs & devisees
3.Persons with actual notice
PROCEDURE IN LAND REGISTRATION CASE:
1.Survey of land by Bureau of lands or duly licensed private surveyor
2.Filing of application for registration by applicant
3.Setting of date of initial hearing of application by RTC
4.Clerk of court to transmit to Land Registration Authority the application, date of initial hearing &
other pertinent docs
5.Publication of notice of filing of application, date & place of hearing in OG and in newspaper of
general circulation
6.Service of notice contiguous owners, occupants & those who have interest in property
7.Filing of answer or opposition to application
8.Hearing of case by RTC
9.Promulgation of judgment by court
10.Issuance of decree by RTC decision; Instruct land registration authority to issue decree of
confirmation & registration
11.Entry of decree of registration in Land Titles Administration
12.Send copy of decree to Register of Deeds
13.Transcription of decree of registration in registration book & issuance of the owners duplicate
original certificate of title of the applicant by the Land registration Authority - upon payment of
prescribed fees
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
WHO MAY APPLY:
1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under
bona fide claim of ownership since June 12, 1945 or earlier
2.Those who acquired ownership of private land by prescription
3.Those who acquired ownership of private lands by right of accretion
4.Those who acquired ownership in any manner provided for by law
LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
1.PRIVATE LANDS
a.At least 60% Filipino to acquire private land
b.Restricted as to extent reasonably necessary to enable it to carry out purpose which it was
created
c.If engaged in agricultural restricted to 1,024 ha.
2.PATRIMONIAL PROPERTY OF STATE
a.Lease for 25 years renewable
b.Limited to 1,000 ha.
c.Apply to both Filipinos & foreign cos.
FORM & CONTENTS OF APPLICATION
1.In writing & signed by applicant or person duly authorized
2.Description of land
3.Citizenship
4.Civil status
5.Full names & address of occupants & adjoining owners
WHAT TO ACCOMPANY APPLICATION:
1.Tracing cloth plan duly approved by the Director of Lands
2.3 copies of technical descriptions
3.3 copies of surveyors certificate
4.All original muniments of title
5.4 copies of certificate by city/provincial treasurer of assessed value of land
AMENDMENTS ALLOWED & NOT ALLOWED
1.Substantial change in boundaries or increase in area - new technical description necessary need
new publication & notice
2.Substitution of name of new owner file motion with court
3.Decrease the area file motion in court
MUNIMENT OF TITLE
instruments or written evidences which applicant hold or posses to enable him to substantiate &
prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:
1.Record instrument in Register of Deeds in same manner as if no application was made
2.Present instrument to RTC, motion praying that same be considered in relation to the pending
application
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY
14 days before hearing
HEARING
within 7 days after publication in OG
25 90 days from date of order
TO WHOM NOTICE MUST BE SENT:
1.City/municipal mayor & provincial governor
2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries,
Director of Mines
3.Adjoining owners & those who have rights or interest thereto
REQUISITES OF OPPOSITION:
1.Set forth objections to the application
2.State interest claimed by oppositor
GENERAL DEFAULT
If no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an answer and ask court for time to file answer
but failed to do so within period allowed
CHAPTER 5: HEARING & DECREE
WHO CONDUCTS HEARING:
1.RTC
2.Refer to referee commissioner
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /
PROCEEDING FOR JUDICIAL CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC
LAND ACT
There exist a title to be confirmed
Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
Risk to have application denied without losing land
Risk involves loss of land
CHAPTER 6: JUDGMENT & DECREE
DECREE
issued by land registration authority containing technical description of land; issued after finality of
judgment1.Decrees dismissing application2.Decrees of confirmation and registration
Final after 1 year after decree
10
11
12
13
2.TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
conspicuous place in place wherein property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due process
must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
PROCEDURE OF REGISTRATION OF TAX SALE:
1.Officers return shall be submitted to Register of Deeds together with duplicate title
2.Register in registration book
3.Memorandum shall be entered in certificate as an adverse claim or encumbrance
4.After period of redemption has expired & no redemption (2 years from registration of auction sale)
cancellation of title & issuance of new one
5.Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it
shall not be cancelled
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATIONADVERSE CLAIM
1.Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of
certificate of land, name of registered owner, description of land in which right/interest is claimed
signed & sworn to
2.Statement shall be entitled to registration as adverse claim on certificate of title
3.Effective for 30 days from date of registration
4.After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5.No 2nd adverse claim based on same ground shall be registered by same claimant
CHAPTER 14: REGISTRATION OF LIS PENDENS
PURPOSE:
keep subject matter within the power of the court until the entry of final judgment
Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1.Impossibility of alienating the property in dispute during the pendency of the suit may be
alienated but purchaser is subject to final outcome of pending suit
2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS:
1.Before final judgment court may order cancellation after showing that notice I sonly for purpose
of molesting an adverse party or it is not necessary to protect rights of party who caused it to be
registered
2.Register of Deeds may also cancel by verified petition of party who caused such registration
3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is
registered
14
15
Publication in newspaper of general circulation for 3 weeks; not binding to those without
notice
Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
In provinces when person dies leaving property not covered by Torrens system to avoid legal
expenses, heirs make a list of property, pay off debts & assign to each
Statute of frauds do not operate because it is not a conveyance but a separation of property and
designation of part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with Register of Deeds a certified copy of his letters of administration or the
will if there is a will in order that Register of Deeds may register upon certificate a memorandum with
reference to file no & date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1.May be dispensed with if will empowers him sell
2.Without authority first secured, heir may sell subject to result of pending administration
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to
the indefensibility of title; following that act of registration is operative act by which State transfers
title; created to relieve innocent persons from harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register of Deeds
based on assessed value of land as contribution to assurance fund; if no assessment yet, sworn
declaration of 2 disinterested persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000,
excess shall be paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1.Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by
loss of land; in short he is deprived of his land or interest therein
2.No negligence attributable to him
3.Claimant is barred from filing action to recover said land
4.Action to recover from assurance fund has not prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:
1.Breach of trust
2.Mistake in resurvey resulting in expansion of area in certificate of title
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
1.Omission, mistake, misfeasance of Register of Deeds or clerk of court
2.Registration of 3rd persons as owner
3.Mistake, omission, misdescription in certificate of title, duplicate or entry in books4.Cancellation
AGAINST WHOM ACTION IS FILED:
1.Action due to deprivation of land due to mistake, negligence, omission of Register of Deeds, etc
Register of Deeds and National Treasurer as defendants; Sol-Gen must appear
2.Private persons involved should also be impleaded
16
LIABILITY:
1.Satisfy claims from private persons first
2.When unsatisfied secondary liable is the National Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights of plaintiff to go against other parties or
securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds
available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:
1.Any court of competent jurisdiction RTC in city where property lies or resident of plaintiff
2.Action prescribes in 6 years from time plaintiff actually suffered loss3.If plaintiff is minor, insane or
imprisoned has additional 2 years after disability is removed to file action notwithstanding
expiration of regular period
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1.LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is issued in
place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
2.ADVERSE CLAIM IN REGISTERED LAND
Whoever claims a better right or interest in a land adverse to the registered owner shall make
written statement alleging his right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant
1.Adverse to registered owner
2.Arises after original registration
3.Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no access
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where registration is
not provided for by the land registration act; serve as notice and warning to persons subsequently
dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim
is only for 30 days: lis pendens notice that property is in litigation; adverse claim; somebody is
claiming better right
Recent ruling: adverse claim can only be removed upon court order 3.PETITION SEEKING
SURRENDER OF DUPLICATE TITLE
In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court
may be filed to compel surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate; new certificate
shall contain annotation re annulment of old certificate
17
18
19
Except: mineral lands and forest lands acquired before inauguration of Commonwealth in
November 15, 1935; vested rights which are protected
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not
change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased
from government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
1.Homestead settlement
2.Sale
3.Confirmation of imperfect or incomplete title
a.Judicial legalization
b.Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of
public lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash
allowance to enable him to cultivate
CONFIRMATION OF IMPERFECT TITLE:
1.Last extension granted by Government was until December 31, 1987
2.Right made available to person qualified to acquire alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June
12, 1945.
A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not
receive title, without default on their part provided they have occupied since their application
B .In OCEN possession since June 12, 1945 or earlier
c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
MAX LAND THAT CAN BE APPLIED: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can
only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
Persons who obtained title from State or thru persons who obtained title from State
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
1.Deed of conveyance issued by government patent/grant
2.Registered with Register of Deeds mandatory: operative act to convey & transfer title
3.Actual physical possession, open & 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 & void
Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
20
1.Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance
of patent
2.May not be opened one year after entry by Land Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of distribution of public lands may arise & this must
be avoided Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
AIM OF HOMESTEAD PATENT:
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation
purpose
RESTRICTIONS:
1.Cannot be alienated within 5 years after approval of application for patent
2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3.Subject to repurchase of heirs within 5 years after alienation when allowed already
4.No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee & approval
of Secretary of Natural resources
EXCEPTIONS:
1.Action for partition because it is not a conveyance
2.Alienations or encumbrances made in favor of the government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
HOMESTEADER
If he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
PURPOSE:
Another means to bring lands under operation of Torrens System
Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to
hasten and accelerate registration
Government initiates that all lands within a stated region are up for registration whether or not
owners are interested to settle their titles
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
21
Compulsory
PROCEDURE:
1.CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement of public interest, title of land within a
specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public of day of survey
published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2.FILING OF PETITION
After survey and plot been made, Director represented by Sol Gen institutes cadastral p
roceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3.PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general
circulation & copy mailed to person whose address is known & other copies posted in
conspicuous place designated bylaw
4.FILING OF ANSWER
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
a.Age of claimant
b.Cadastral number of lot claimed
c.Name of barrio or municipality where lot is located
d.Name of owners of adjoining lots
e.If in possession & without grant no of years in possession
f.If not in possession state interest claimed
g.If assessed of taxation assessed value
h.Any encumbrances affecting said lots
5.HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6.DECISION
Claimants are notified of decision7.ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered
land to be registered again in name of another
22
CADASTRAL
Government
Private and Public
Government does not assert
ownership Interested only in
settlement of titles
Government undertakes survey
and advances expenses
In absence of successful claimant,
property goes to government
ORDINARY
Private Individual
Private Lands
Ownership is asserted
On account of Owner
Applicant has another chance
to claim dismissal is without
prejudice
23