Chapter 1: Background, Basic Concepts & General Principles: Contents

CIVIL LAW (LAND TITLES) MEMORY AID 2002
ATENEO CENTRAL BAR OPERATIONS
CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

LAND TITLE evidence of the owners 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 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 Contents: 1. Grantor #. Grantee &. 'ords of grant TYPES OF ESTATES : 1. FREEHOLD ESTATE indicates title of ownership a. Fee simple absolute title) conferred without limitation, qualification or restriction b. Fee tail pass title to grantee * his heirs c. Life state held for duration of life of grantee #. LESS THAN FREEHOLD ESTATE a right short of title a. Estate for years lease for a period agreed upon, lessor retains ownership of land b. Tenancy from period to period lease running from month to month or year to year with automatic renewal c. Tenancy at will person is permitted to occupy land of another without stipulation as to period STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES: 1. "roduction * delivery of deed by grantor to grantee without registration #. +ecording of deed of conveyance to bind &rd persons &. +egistration of title REGISTRATION guarantees the title but +,-.+!/0G does not) need to examine other docs PURPOSE OF REGISTRATION1 1. %erve as constructive notice #. "revent fraudulent claims &. "rotect interest of strangers to transaction MODES OF AC!UIRING LAND TITLES1 1. Title by public grant conveyance of public land by government to a private individual #. Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property &. Title by accretion alluvium . Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto) government . !escription of "roperty $. %ignature of grantor (. 'itnesses
$. Title by voluntary transfer private grant) voluntary execution of deed of conveyance (. Title by involuntary alienation no consent from owner of land) forcible acquisition by state 2. Title by descent or devise hereditary succession to the estate of deceased owner 3. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant4farmers) not transferable except by hereditary succession
C"#$%&' 2: TORRENS CHARACTERISTICS

ADVANTAGES : 1. 5bolishes endless fees
SYSTEM
ORIGIN,
NATURE
&
GENERAL
#. ,liminates repeated examination of titles &. +educes records enormously . /nstantly reveals ownership $. "rotects against encumbrances not noted on the 6orrens certificate (. 7a8es fraud almost impossible 2. /t assures. 3. 9eeps up the system without adding to burden of taxation) systems beneficiaries pay the fees :. ,liminates tax titles 1;. Gives eternal title as state ensures perpetuity 11. <urnishes state title insurance rather than private title insurance 1#. 7a8es possible the transfer of titles or loans within hours instead days PURPOSE OF TORRENS LAW1 quiet title to land once registered, owner might rest secure PERSONS BOUND WHEN TITLE NOT REGISTERED 1 1. Grantor #. =eirs * devisees &. "ersons with actual notice PROCEDURE IN LAND REGISTRATION CASE: 1. %urvey of land by >ureau of ?ands or duly licensed private surveyor #. <iling of application for registration by applicant &. %etting of date of initial hearing of application by +6. -ler8 of court to transmit to ?and +egistration 5uthority @?+5A the application, date of initial hearing * other pertinent docs $. "ublication of notice of filing of application, date * place of hearing in .G and in newspaper of general circulation (. %ervice of notice contiguous owners, occupants * those who have interest in property
2. <iling of answer or opposition to application 3. =earing of case by +6:. "romulgation of judgment by court 1;. /ssuance of decree by +6- decision) /nstruct ?+5 to issue decree of confirmation * registration 11. ,ntry of decree of registration in ?and 6itles 5dministration 1#. %ending of copy of decree to +egister of !eeds @+.!A 1&. 6ranscription of decree of registration in registration boo8 * issuance of the owners duplicate original certificate of title of the applicant by the ?+5 4 upon payment of prescribed fees
CHAPTER : APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

WHO MAY APPLY: 1. 6hose in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since Bune 1#, 1: $ or earlier #. 6hose who acquired ownership of private land by prescription &. 6hose who acquired ownership of private lands by right of accretion . 6hose who acquired ownership in any manner provided for by law LIMITATION TO OWNERSHIP OF LAND BY CORPORATION: 1. PRIVATE LA !" a. 5t least (;C <ilipino to acquire private land b. +estricted as to extent reasonably necessary to enable it to carry out purpose which it was created c. /f engaged in agricultural restricted to 1,;# ha. #. PATRI$% IAL PR%PERT& %' "TATE a. ?ease for #$ years renewable b. ?imited to 1,;;; ha. c. 5pply to both <ilipinos * foreign cos. FORM & CONTENTS OF APPLICATION 1. /n writing * signed by applicant or person duly authoriDed #. !escription of land &. -itiDenship . -ivil status $. <ull names * address of occupants * adjoining owners WHAT TO ACCOMPANY APPLICATION: 1. 6racing cloth plan duly approved by the !irector of ?ands #. & copies of technical descriptions &. & copies of surveyors certificate . 5ll original muniments of title &
$.
copies of certificate by cityEprovincial treasurer of assessed value of land
AMENDMENTS ALLOWED & NOT ALLOWED 1. Substantial change in boundaries or increase in area 4 new technical description necessary need new publication * notice #. Substitution of name of new owner file motion with court &. Decrease the area file motion in court MUNIMENT OF TITLE instruments or written evidence which applicant hold or posses to enable him to substantiate * prove title to his estate TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE: 1. +ecord instrument in +.! in same manner as if no application was made #. "resent instrument to +6-, motion praying that same be considered in relation to the pending application TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: +egister directly with +.! for purpose of canceling such title * issuing a 6-6
CHAPTER ): PUBLICATION, ANSWER & DEFAULT

%TI(E I (% "PI()%)" PLA(E I LA !
* +)LLETI +%AR! %' $) I(IPALIT& 1 days before
hearing ,EARI - within 2 days after publication in .G not less than $ not more than :; days from date of order TO WHOM NOTICE MUST BE SENT: 1. -ityEmunicipal mayor * provincial governor #. !epartment of 5grarian +eform, %olicitor General * !irector of ?ands, !irector of <isheries, !irector of 7ines &. 5djoining owners * those who have rights or interest thereto RE!UISITES OF OPPOSITION: 1. %et forth objections to the application #. %tate interest claimed by oppositor -E ERAL !E'A)LT is when no person appears and answers within time prescribed while "PE(IAL !E'A)LT is when a party appears at initial hearing without having filed an answer and as8s court for time to file answer but failed to do so within period allowed
CHAPTER *: HEARING & EVIDENCE

WHO CONDUCTS HEARING1 1. +6#. +efer to +eferee 4 -ommissioner PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) +PROCEEDING FOR ,UDICIAL CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND ACT 6here exist a title to be confirmed
?and applied for belongs to the state -ourt may dismiss without prejudice to file new application !ismiss with prejudice +is8 to have application denied without losing land +is8 involves loss of land
CHAPTER -: ,UDGMENT & DECREE

DECREE issued by ?+5 containing technical description of land) issued after finality of judgment 1. !ecrees dismissing application #. !ecrees of confirmation and registration <inal 1 year after decree, unless there is an innocent purchaser for value %ubject only to appeal .nce final, cannot be subject to attac8 and is deemed conclusive against the world &. "ut end to litigation . "urpose of 6orrens system is protected 5mendment after 1 year is allowed 4 creation or extinguishment of new rights) inclusion of new owners not allowed ,UDGMENT decision of court constituting its opinion after ta8ing into consideration the evidence submitted WRIT OF POSSESSION order to sheriff to deliver the land to the successful party litigant) no prescription 1. 5gainst loser #. 5gainst anyone unlawfully * adversely occupying WHEN WRIT MAY NOT ISSUE 1 when party entered into property after issuance of final decree, is not an oppositor in registration proceeding, and is in possession of land for at least 1; years MEANS TO RECOVER POSSESSION: 1. <orcible entry #. Fnlawful detainer &. Accion publiciana . Accion reindi icatoria RES ,UDICATA : 1. <ormer judgment must be final #. +endered by court having jurisdiction over subject matter * parties &. Budgment on merits . /dentity of parties, subject matter and causes of action REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS :
1. $%TI%
'%R
E. TRIAL 4 must be brought within 1$ days from notice of judgment
!"#$%DS1 a. <raud, accident, mista8e, excusable negligence which ordinary prudence could not have guarded b. 0ewly discovered evidence which could not be discovered * produced at trial c. ,vidence insufficient to justify decision, decision is against the law #. APPEAL must be brought 1$ days from notice of judgment &. REVIE. %' !E(REE %' RE-I"TRATI% court) became non4party due to misrepresentation) invo8e actual fraud) before expiration of 1 year) specific acts intended to deceive) will no longer prosper if already transferred to innocent purchaser for value +equisites1 a. "laintiff is owner of land registered in name of defendant b. +egistration procured through actual fraud c. "roperty has not issued to innocent purchaser for value d. 5ction is filed within 1 year after issuance of decree of registration . RELIE' 'R%$ /)!-$E T (; days ( months after entry of order) available to party to case, <57,) after judgment) person deprived of right is party to case $. RE(% VE&A (E action in personam) available so long as property not yet passed to innocent purchaser for value) bad faith or with notice of defect 0. RE(%VER& '%R !A$A-E" "E&$'S'TES: a. "erson is wrongfully deprived of his land by registration in name of another actual or constructive fraud b. 0o negligence on his part c. >arredE precluded from bringing an action d. 5ction for compensation has not prescribed available to party deprived of day in
CHAPTER .: CERTIFICATE OF TITLE

TORRENS TITLE certificate of ownership issued under the 6orrens %ystem of registration by the government through road naming * declaring owner in fee simple of property described therein free from all liens except those expressly noted PROCESS : 1. 'ithin 1$ days from finality of order of judgment directing registration of title court to order ?+5 to issue decree of registration and certificate of title #. -ler8 of court will send order of court * copies of judgment &. 5dministrator to issue decree of registration * original * duplicate of .-6 signed by 5dministrator, entered * file decree of registration in ?+5 (
. %end to +.! original * duplicate of title * certificate for entry in his registration boo8 $. ,nter in record boo8, dated, signed, numbered * sealed ta8e effect upon date of entry (. +.! to send notice to registered owner ready for delivery after payment of fees 2. +.! shall send duplicate * note on each certificate of title to whom it is issued 3. .riginal copy to be filed in +.!) bound in consecutive order ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES: 1. Splitting or consolidation ordinary +.! level, no court involved #. Subdi ision plan approval of 0=5, final approval of ?+5, then +.! to issue memorandum that streets not to be disposed except by way of donation to govt. shall be effected without approval of 0=5 ANNOTATIONS AT BACK OF CERTIFICATE need court order, otherwise null * void CHAPTER /: VOLUNTARY DEALINGS WITH REGISTERED LAND OPERATIVE ACT registration by owner) if deed is not registered, it is binding only between parties PROCESS OF REGISTRATION: 1. <ile instrument creating or transferring interest and certificate of title with +.! a. .wners duplicate b. "ayment of fees * documentary stamp tax c. ,vidence of full payment of real estate tax d. !ocument of transfer 1 copy additional for cityEprovincial assessor #. +.! shall ma8e a memorandum on the certificate of title, signed by him &. /ssue 6-6 VOLUNTARY DEALINGS : need to present title to record the deed in registry * to ma8e memorandum on title 0"12& 13 INVOLUNTARY DEALINGS : 0o presentation required) annotation in entry boo8 is sufficient FORMAL RE!UISITES OF A DEED 1. <ull name #. 0ationality &. "lace of residence . "ostal address of grantee or other persons acquiring or claiming interest $. -ivil status (. 'hether or not corporation 1. +.! to 8eep an entry boo8 day boo8 #. ,nter in order of reception all deeds * voluntary instruments, write * processes re land 4year, month, day, time, minute of reception of instrument) +egistered from time of entry &. <ees of $ pesos per document to be paid within 1$ days
. 0ote memorandum * sign * issuance of certificate $. !ocuments are numbered * indexed * indorsed with reference to certificate of title public records (. %ubject to reasonable regulation -ost borne by vendor
CHAPTER 4: REAL ESTATE MORTGAGE

REAL E"TATE $%RT-A-E real propertyEreal rights secures fulfillment of an obligation KINDS: 1. Con entional agreed upon by parties #. Legal created by operation of law &. (udicial results from a judgment . E)uitable pacto de retro in form but mortgage in essence ESSENTIAL RE!UISITES: 1. -onstituted to secure fulfillment of principal obligation #. 7ortgagor be absolute owner of thing mortgaged &. "erson constituting mortgage has free disposal of property SPECIAL CHARACTERISTICS : 1. %ubject matter is realty #. "eal right attaches to property wherever it is * whoever holds it &. Accessory presupposes existence of valid principal obligation) cannot stand alone . 'ndi isibility even if debt is divisible) mortgage is not $. 'nseparability mortgage lien is inseparable from property (. "etention of possession 4 mortgagor retains possession
PA(T% !E RETR% ( E!UITABLE MORTGAGE 1. "rice of sale with right to repurchase is usually inadequate #. Gendor remains in possession as lessee or otherwise &. Fpon or after expiration of right to repurchase, another instrument extending period Egranting new period is executed . "urchaser retains a part of the purchase price $. Gendor binds himself to pay taxes on thing sold (. +eal intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation R&#2 M5'%6#6& %ubject matter is real property "ublic document only C"#%%&2 M5'%6#6& %ubject matter is movable 7ay be in private document provided there
+ight of redemption for 1 year !eficiency can be recovered
is affidavit of good faith 0o right of redemption !eficiency cannot be recovered
E7ECUTION & REGISTRATION 1. ,xecution of deed in a form sufficient in law @public instrumentA #. +egistration with +.! where the land lies * ta8e effect upon registration a. "resent deed of mortgage together with owners duplicate b. "ayment of fees c. +.! shall enter upon original certificate of title * upon duplicate a memorandum date, time of filing, signature, file number assigned to deed d. +.! to note on deed the date * time of filing * reference to volume * page of registration boo8 in which it was registered &. 0o duplicate need be issued SUB,ECT MATTER +eal property plus all its accessions unless contrary is stipulated Future property without legal effect Future impro ements deemed included Fruits * rents of mortgaged property deemed included -ontinuing credit secured by mortgage valid
FORMS : 1. +ri ate document void * inexistent #. +ublic instrument but not recorded binding between parties but not & rd persons without notice &. +ublic document * registered valid * binding to &rd parties MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE1 Hes /f being withheld by the owner, +.! notifies by mail within # hours to registered owner1 1. %tating that mortgage has been registered #. +equesting that owners duplicate be produced so that memorandum be made thereof .wner refuses to comply within reasonable time) +.! to notify court * court may enter order requiring owner to produce certificate
SUBSE!UENT DEALINGS IN MORTGAGED PROPERTY 1. ,ay be further alienated stipulation to contrary is void 5ssignment must also be registered since registration is operative act to affect land 'f not recorded valid as to parties but not to & rd parties, right not protected against somebody who registers * procures better right
#. ,ay be further mortgaged - stipulation to contrary is void 0o need to secure permission of mortgagee Fnderstood unless prohibited in contract
&. +actum commisorium - not allowed
a. "roperty is mortgaged b. 6here is stipulation for automatic appropriation .. Discharge ,xecute public document canceling or releasing mortgaged in form prescribed by law "resent instrument with +.! where land lies together with owners duplicate for registration 7emorandum of cancellation is annotated on duplicate * original
WHEN MORTGAGOR DIES 1. 5bandon security * prosecute his claim by sharing in general distribution of assets of the estate #. <oreclose mortgage by ma8ing executor party defendant &. <oreclose it in due time +A"T'ES '% F#"ECL#S$"E S$'T: all persons claiming interest subordinate in right to mortgagee ACT'#% T# F#"ECL#SE : "rescribes in 1; years @written contractA /E%$E: "er stipulation or in absence thereof, where the property lies FORECLOSURE 1. /)!I(IAL "rocedure1 a. 7ortgagee to petition in court for foreclosure b. -ourt to render order for debtor to pay sum due within :; days and if not paid from date of service, property be sold at public auction c. 0otice * "ublication d. +ublic auction: sale to highest bidder e. %heriff to issue certificate confirming judicial foreclosure f. <ile with +.! final decree of court confirming sale
g. 7emo entered in certificate of title h. 'f right of redemption e0ist1 certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the certificate duplicate * original i. j. After e0piry of 2 year redemption period * no redemption , title is consolidated to new owner "urchaser to be entitled to new certificate of title * memorandum endorsed on mortgage deed
8. 'f there is redemption , memorandum to be annotated on certificate of title #. E1TRA2/)!I(IAL 5llowed only if stipulation between party authoriDes extra4judicial foreclosure -annot be made legally outside of city where land lies +ublication re)uired: post notices for #; days in & public places where property lies * if property is more than " ;;.;;, publication must be for & consecutive wee8s in news paper of general circulation
1;
'f foreclosure by rural ban3s1 exempt from publication in newspaper for loans not exceeding &,;;;.;; "egistration of sale in "#D: a. !eed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date, time, place of sale, names of creditor * debtor, description of property, name of highest bidder, selling price b. "resent in +.! where land lies c. 7emorandum on bac8 of certificate is made d. After e0piration of 2 year of redemption period - title is consolidated if no redemption exercised1 purchaser to file with +.! the deed of sale * sworn statement attesting to fact that there is no redemption e. 0ew certificate of title issued in favor of vendee f. 'f redeemed notice of redemption shall be registered * accomplished by way of memorandum on proper certificate of title
RIGHT OF REDEMPTION "ayment of purchase price plus 1C per month plus taxes if paid by purchaser 6o be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY allowed
CHAPTER 10: CHATTEL MORTGAGE

-=566,? 7.+6G5G, personal property is registered with +.! to secure performance of an obligation %F>B,-6 7566,+ 1 movables !,,! .< 7.+6G5G, 1 requires only description to enable parties * other persons to identify the subject matter REGISTRATION OF CHATTEL MORTGAGE 1. ,xecution of document #. "ayment of fees &. +.! enters in !5H >..9 in strict order of their presentation chattel mortgages * other instruments relating thereto @primary processA . +.! thereafter enters in a more detailed form the essential contents of the instrument in the -hattel 7ortgage +egister @complementary processA EFFECT OF REGISTRATION: 1. Creates a lien attaches to the property whoever holds it) binding on subsequent purchasers #. -onstructive notice SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE void) criminal act EFFECT OF FAILURE TO REGISTER: Galid between parties but void against & rd persons
11
'f instead of registration1 it is deli ered it shall be a pledge * not chattel mortgage @if no chattel mortgage deed executedA Actual 3nowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH1 %tatement 6hat 1. 7ortgage is made to secure obligation specified #. Galid * just obligation &. 0ot entered into for purpose of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH: Gitiates mortgage as against creditors * subsequent encumbrances Galid as between parties 0o need to be in public document
ASSIGNMENT OF MORTGAGE 1 0o need to be registered, permissive only * not mandatory CANCELLATION OF CHATTEL MORTGAGE 1 7ortgagee to execute a discharge of the mortgage in manner provided by law FORECLOSURE OF MORTGAGE 6here must first be non4payment * at least &; days have elapsed since then Alternati es: 1. Budicial #. ,xtra4judicial only if there is stipulationEauthority
PROCEDURE IN FORECLOSURE 1. 0otice posted for 1; days in at least # public places in municipality where property is to be sold designating the time, place and purpose of sale #. 7ortgagor is notified in writing at least 1; days before sale &. "ublic auction . &; days after sale, officer ma8es a return * file with +.! where mortgage has been recorded $. .fficers return operates as a discharge of the lien created by the mortgage 4. +roceeds to be applied: a. -ost of sale b. 5mount of obligation c. %ubsequent mortgages d. >alance mortgagor RECOVERY OF DEFICIENCY1 5llowed
CHAPTER 11: LEASE

LEASE 4 one of the parties deliver possession of property to another who is obliged to pay rent for use of such property REGISTRATION OF LEASE 1. <ile with +.! the instrument creating lease together with .wners !uplicate of certificate of title #. +.! to register by way of memorandum upon certificate of title
1#
&. 0o new certificate shall be issued WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS REGARDS CONVEYANCES , ETC.1 ?easehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. -reates a real right but without prejudice to rights of & rd persons #. 'f not registered valid as between parties but not to &rd persons without notice REGISTRATION lessor not required to initiate) lessee shall initiate ALIENS: 1. 7ay be granted temporary rights for residential purposes #. ?imit1 #$ years, renewable for another #$ years WHO ELSE MAY REGISTER 1 >uilder in Good <aith SUBSE!UENT
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY

TRUST obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him 2 KINDS1 1. E0pressed need to be in writing) cannot be proved by parole evidence #. 'mplied - exist by operation of law) can be proved by parole evidence Types: a. "roperty is bought but paid by another party b. !onation is made but donee have no beneficial interest thereon c. "rice of sale of property is loaned * conveyance is made to lender to secure fulfillment of loan d. ?and passes by succession to a person but legal title is put in anothers name e. # persons purchase property but placed only in ones name f. Guardian uses funds of ward to buy property
g. "roperty is acquired thru mista8e or fraud ".',+ .< 566.+0,H authority granted to a person to dispose ones property TRUST DIFFERENTIATED FROM POWER OF ATTORNEY 1. Trust has & parties while power of attorney has # parties #. Trust is for benefit of &rd party while power of attorney is for benefit of principal REGISTRATION OF TRUST 1. %worn statement claiming interest by reason of an implied trust with description of land * reference to number of certificate shall be registered in +.! #. "rovided not prohibited to do so by instrument creating the trust APPOINTMENT OF TRUSTEE BY COURT -ertified copy of decree shall be presented to +.! * surrender duplicate certificate -ancel duplicate * new certificate shall be entered by +.!
1&
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST "rescribes in 1; years 'f ac3nowledged in written form becomes express trust prescribes upon repudiation
CHAPTER 1 : INVOLUNTARY DEALINGS WITH REGISTERED LAND

INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered owner is not needed1 it may even be against his will ATTACHMENT 5 writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights, credits or effects of the defendant to satisfy demands of the plaintiff 5inds: a. "reliminary b. Garnishment c. ?evy on execution REGISTRATION OF ATTACHMENT +OTHER LIENS 1. -opy of writ in order to preserve any lien, right or attachment upon registered land may be filed with +.! where land lies, containing number of certificate of title of land to be affected or description of land #. +.! to index attachment in names of both plaintiff * defendant or name of person whom property is held or in whose name stands in the records 6. 'f duplicate of certificate of title is not presented: a. +.! shall within &( hours send notice to registered owner by mail stating that there has been registration * requesting him to produce duplicate so that memorandum be made b. 'f owner neglects or refuses +.! shall report matter to court c. -ourt after notice shall enter an order to owner to surrender certificate at time * place to be named therein . 5lthough notice of attachment is not noted in duplicate, notation in boo8 of entry of +.! produces effect of registration already EFFECT OF REGISTRATION OF ATTACHMENT : 1. -reates real right #. =as priority over execution sale &. 7ut between 8 attachments one that is earlier in registration is preferred . 'f not registered actual 8nowledge is same as registration DUTY OF ROD 7asically ministerial but may refuse registration in ff circumstances: 1. 6itle to land is not in the name of defendant #. 0o evidence is submitted to show that he has present or possible future interest in land &. $nless: heir PROPERTIES E7EMPT FROM E7ECUTION1 <amily =ome ATTACHMENT =ow continued, reduced or discharged 5ny method sufficient in law 1
!ocument to be registered
1. E1E()TI% "ALE 6o enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with +.! where land lies +egister in registration boo8 * memorandum upon proper certificate of title as adverse claim or as an encumbrance 6o determine preferential rights between # liens1 priority of registration of attachment
#. TA1 "ALE %ale of land for collection of delinquent taxes and penalties due the government /n personam @all persons interested shall be notified so that they are given opportunity to be heardA 0otice to be given to delinquent tax payer at last 8nown address "ublication of notice must also be made in ,nglish, %panish * local dialect * posted in a public * conspicuous place in place wherein property is situated * at main entrance of provincial building %ale cannot affect rights of other lien holders unless given right to defend their rights1 due process must be strictly observed 6ax lien superior to attachment 0o need to register tax lien because it is automatically registered once the tax accrues
>ut sale of registered land to foreclose a tax lien need to be registered PROCEDURE OF REGISTRATION OF TA7 SALE: 1. .fficers return shall be submitted to +.! together with duplicate title #. +egister in registration boo8 &. 7emorandum shall be entered in certificate as an adverse claim or encumbrance . After period of redemption has e0pired * no redemption @# years from registration of auction saleA cancellation of title * issuance of new one $. 7efore cancellation , notice shall be sent to registered owner1 to surrender title * show cause why it shall not be cancelled ACTUAL KNOWLEDGE IS E!UIVALENT TO REGISTRATION OF ADVERSE CLAIM 1. 7a8e 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 rightEinterest is claimed signed * sworn to #. %tatement shall be entitled to registration as adverse claim on certificate of title &. ,ffective for &; days from date of registration . 5fter &; days, may be cancelled by filing of verified petition by party in interest 5ny party may petition in court to cancel adverse claim -ourt to grant speedy hearing /f adverse claim is adjudged invalid may be cancelled $. 0o #nd adverse claim based on same ground shall be registered by same claimant
1$
CHAPTER 1): REGISTRATION OF LI" PE !E "

PURPOSE 1 8eep subject matter within the power of the court until the entry of final judgment 444 therefore creates merely a contingency * not a lien EFFECT OF REGISTRATION: 1. /mpossibility 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 #. +.! duty bound to carry over notice of lis pendens on all new titles to be issued CANCELLATION OF LI" PE !E " 3 1. >efore final judgment court may order cancellation after showing that notice is only for purpose of molesting an adverse party or it is not necessary to protect rights of party who caused it to be registered #. +.! may also cancel by verified petition of party who caused such registration &. !eemed cancelled when certificate of cler8 of court stating manner of disposal of proceeding is registered NOTICE OF LI" PE !E " IS AN INVOLUNTARY TRANSACTION %ufficient that there is entry in day boo8 OTHER PARTIES WHO NEED TO REGISTER : 1. A""I- EE I I V%L) TAR& PR%(EE!I - '%R I "%LVE (&
!uty of the officer serving notice to file copy of notice to +.! where the property of debtor lies 5ssignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of copy of assignment with ban8rupts certificate of title @duplicateA 0ew certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings
,UDGMENT +ORDER VACATING INSOLVENCY PROCEEDINGS .rder shall also be registered %urrender title issued in name of assignee * debtor shall be entitled to entry of new certificate
#. -%VER $E T I E$I E T !%$AI -opy of judgment file in +.! which states description of property, certificate number, interest expropriated, nature of public use 7emorandum shall be made or new certificate of title shall be issued
CHAPTER 1*: TRANSMISSION BY DESCENT AND DEVISE

WHEN OWNER OF PROPERTY DIES testate or intestate, 5dministrator shall file with +.! registration of property in his name to be vested with ownership as trustee so he can sell, etc, convey, etc 0ot necessary if already empowered in the will
1(
WHEN ,UDICIAL PROCEEDING NOT NECESSARY =eirs may partition estate immediately * no need to be burdened with costEexpenses of an administrator 1. /n absence of debts #. =eirs are all of legal age PARTITION+SETTLEMENT OF ESTATE 1. /)!I(IAL 5fter entry of final judgment of partition, copy certified by cler8 of court to be filed with +.! ,ach owner to give separate certificate of title @duplicateA /f ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of order confirming sale
#. E1TRA/)!I(IAL a. !ecedent died intestate b. 0o debts c. =eirs are all of legal age, or minors represented by guardian "rocedure1 =eirs to execute public instrument to be filed with +.! /f disagree with each other, file in court ordinary action for partition /f there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with +.! /f there are movables involved, bond to be filed equivalent to value of property as certified under oath by parties conditioned upon payment if any just claim which may be filed by creditor within # years after distribution "ublication in newspaper of general circulation for & wee8s) not binding to those without notice <inal after # years
ORAL PARTITION, WHEN DEEMED VALID 'n pro inces when person dies lea ing property not co ered by Torrens system to avoid legal expenses, heirs ma8e 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 E0ecutor re)uired to file with "#D a certified copy of his letters of administration or the will if there is a will in order that +.! may register upon certificate a memorandum with reference to file no * date of filing COURT AUTHORITY NEEDED IN ORDER TO SELL 1. 7ay be dispensed with if will empowers him sell #. 'ithout authority first secured, heir may sell subject to result of pending administration
12
CHAPTER 1-: ASSURANCE FUND

State creates a fund for the compensation of persons in9ured by di esting:cutting off of rights due to the indefensibility of title ) following that act of registration is operative act by which %tate transfers title) created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. $pon entry of certificate in name of owner or TCT1 ; of 2< shall be paid to "#D based on assessed alue of land as contribution to assurance fund) if no assessment yet, sworn declaration of # disinterested persons subject to determination by court. 7oney shall be under custody of the 0ational treasurer) invest it until principal plus interest aggregates to $;;,;;;, excess shall be paid to the 5ssurance <und) annual report of 6reasurer to %ecretary of >udget
WHO IS ENTITLED : 1. -laimant 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 #. attributable to him &. from filing action to recover said land . from assurance fund has not prescribed LOSS +DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS : 1. >reach of trust #. 7ista8e in resurvey resulting in expansion of area in certificate of title LOSS +DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS : 1. .mission, mista8e, misfeasance of +.! or cler8 of court #. +egistration of &rd persons as owner &. 7ista8e, omission, misdescription in certificate of title, duplicate or entry in boo8s . -ancellation AGAINST WHOM ACTION IS FILED: 1. Action due to depri ation of land due to mista3e1 negligence1 omission of "#D1 etc +.! and 0ational 6reasurer as defendants) %ol4Gen must appear #. +ri ate persons in ol ed - should also be impleaded LIABILITY: 1. %atisfy claims from private persons first #. =hen unsatisfied secondary liable is the 0ational 6reasurer 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 : >ased on amount not greater than fair mar8et value of land 5mount to be recovered not limited to $;;,;;; which is maintained as standing fund 'f fund is not sufficient , 0ational 6reasurer is authoriDed to ma8e up for deficiency from other funds available to 6reasury even if not appropriated 13 5ction to recover -laimant is barred 0o negligence
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND: 1. Any court of competent 9urisdiction - +6- in city where property lies or resident of plaintiff #. 5ction prescribes in ( years from time plaintiff actually suffered loss &. 'f plaintiff is minor1 insane or imprisoned has additional # years after disability is removed to file action notwithstanding expiration of regular period
CHAPTER 1.: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

18 LOST DUPLICATE CERTIFICATE %worn statement that certificate is lost to be filed by person in interest with +.! "etition 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 @duplicateA 'f false statement 1 complex crime of estafa thru falsification of public document
28 ADVERSE CLAIM IN REGISTERED LAND 'hoever claims a better right or interest in a land adverse to the registered owner shall ma8e written statement alleging his right, how and when acquired with description of land %tatement to be signed and sworn to Entitled to registration as ad erse claim noted on certificate of title 'f there is petition speedy hearing, determine validity of adverse claim 7ay be cancelled without court order) effective only for &; days After cancellation1 no ad erse claim on same ground may be registered by same claimant: 1A 5dverse to registered owner #A 5rises after original registration &A -annot be registered under the land registration act 6o be made on original certificate, to the duplicate is not necessary because no access to latter -ontracts of lease, contract to sell but prescription * money claims not allowed +urpose: 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 1 permanent) can only be removed after hearing is done but adverse claim is only for &; days1
lis pendens notice that property is in litigation) adverse claim) somebody is claiming better right "ecent ruling: adverse claim can only be removed upon court order
&. PETITION SEEKING SURRENDER OF DUPLICATE TITLE
1:
'n oluntary and in oluntary con eyances when duplicate cannot be produced, petition in court may be filed to compel surrender of certificate of title duplicate to +.! 5fter hearing, may order issuance of new certificate and annul the old certificate) new certificate shall contain annotation re annulment of old certificate
. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE 5 certificate of title cannot be altered, amended except in direct proceeding in court) summary proceeding ,ntries in registration boo8s not allowed to be altered except by order of court !rounds: 1. 0ew interest not appearing on the instrument have been created #. /nterest have terminated or ceased &. .mission or error was made in entering certificate . 0ame of person on certificate has been changed $. +egistered owner has married (. 7arriage has terminated 2. -orporation which owner registered land has dissolved and has not conveyed the property within & years after its dissolution =hat corrections are permitted in title @which does not include lands included in original) technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired) old survey was incorrect) substitution of name of registered ownerA 1. 5lterations which do not impair rights and #. 5lterations which impair rights with consent of all parties &. 5lterations to correct obvious mista8es $. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE As conse)uence of war records have been destroyed =hen reconstituted have same validity as old title -an only be done judicially by filing a petition for reconstitution with +66o be published in .G for # consecutive issues and on main entrance of municipality at least &; days before hearing 'n rem proceedings -ourt to order reconstitution if it deemed fit) issue order to +.! ?ac8 of essential data fatal
(. TRANSACTION EVIDENCED BY LOST DOCUMENT ( HOW REGISTERED +.! forbidden to effect registration of lost or destroyed documents Steps by interested parties: 1. "rocure authenticated copy of lost or destroyed instrument #. %ecure an order from court #;
CHAPTER 1/: FEES, OFFENSES, PENALTIES

/n connection with original and subsequent registration of lands payable to -ler8 of court, +.!, sheriff <ull payment of fees prerequisite to registration1 at least the entry fee of $.;;, rest of the fees due payable within next 1$ days
OFFENSES : 1. ?arceny #. "erjury false statement under oath &. Fraudulent procurement of certificate 1 fine of not more than 1;,;;; or imprisonment of $ years or both in discretion of court . Forgery: fine of not more than 1;,;;; or imprisonment of 1; years or both in discretion of court a. <orging of seal in +.!, name, signature or handwriting of any officer of court of +.! b. <raudulent stamping or assistance in stamping c. <orging of handwriting, signature of persons authoriDed to sign d. Fse of any document which an impression of the seal of the +.! is forged $. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered) deceitful disposition of property as free from encumbrance1 imprisonment of & years or fine not exceeding #,;; or both at discretion of court
CHAPTER 14: REGISTRATION OF PUBLIC LANDS

PUBLIC LANDS all lands owned by the government /nalienable and alienable 'nalienable public domain1 timber and miner lands Alienable: Disposable > public agricultural land
PUBLIC LAND MAY BE ALIENATED , CONVEYED TO PRIVATE PERSON 8 PROCEDURE : 1. .fficial issuing instrument of conveyance to issue instrument #. <ile instrument with +.! &. /nstrument to be entered in boo8s and owners duplicate to be issued . 'nstrument only contract between Government and private person and does not ta8e effect as conveyance if unregistered, it is registration which is operative act of conveying land) evidence of authority for +.! to register $. <ees to be paid by grantee (. 5fter issuance of certificate of title, land is deemed registered land within the purview of the 6orrens system NATURE OF TITLE TO PUBLIC LANDS CONVEYED : INDEFEASIBLE AND CONCLUSIVE /n absence of registration, title to public land is not perfected and therefore not indefeasible
#1
'n case of 8 titles obtained on same date one procured through decree of registration is superior than patent issued by director of lands 8 titles procured by one person one from homestead patent, one from judicial decree * sold to # different persons, one who bought it for value and in good faith * one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN: -lassification is exclusive prerogative of executive * not by judiciary 5nyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain ?"egalian doctrine@
) !ER T,E (% "TIT)TI% 3 1. 5gricultural only one subject to alienation #. <orest or timber &. 7ineral lands . 0ational par8 ) !ER T,E P)+LI( LA ! A(T3 2. Alienable:disposable a. 5gricultural b. +esidential, commercial, industrial c. ,ducational, charitable d. 6own sites and for public and quasi4public uses #. Timber lands 4 inalienable 6. ,ineral lands inalienable 'f patent or title is issued void ab initio for lac8 of jurisdiction F'SA+#%DS >efore1 included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land %ow: restricted meaning) fishponds have a distinct category) cannot be alienated but may be leased from government. DIRECTOR OF LANDS Iuasi4judicial officer <indings of fact conclusive on higher court with absence of fraud, mista8e other than error of judgment) but not with regards to finding of law ,mpowered to alienate and dispose lands 0ot subject to acquisitive prescription) even if in possession for long time, will not ripen into ownership E0cept: mineral lands and forest lands acquired before inauguration of -ommonwealth in 0ovember 1$, 1:&$) vested rights which are protected
MODES OF ALIENATING PUBLIC LANDS: 1. =omestead settlement
##
#. %ale &. -onfirmation of imperfect or incomplete title a. Budicial legaliDation b. 5dministrative legaliDation Lease not included since lease does not transfer ownership) free4title grant1 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. ?ast extension granted by Government was until !ecember &1, 1:32 #. +ight made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious @.-,0A possession under bonafide claim of ownership since Bune 1#, 1: $. a. "rior to transfer of sovereignty from %pain to F%, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application b. /n .-,0 possession since Bune 1#, 1: $ or earlier c. 7embers of cultural minorities in .-,0 who has claim of ownership for at least &; years MA7IMUM LAND THAT CAN BE APPLIED1 1 hectares 'n case of foreigner , sufficient that he is already <ilipino citiDen at the time of his application Corporation who has less (;C <ilipino ownership cannot apply confirmation of imperfect title) can only lease PERSONS COMPETENT TO !UESTION LAND GRANT "ersons who obtained title from %tate or through persons who obtained title from %tate PATENT WHEN GOVERNMENT GRANT DEEMED AC!UIRED BY OPERATION OF LAW: 1. !eed of conveyance issued by government patentEgrant #. "egistered with "#D - mandatory1 operative act to convey * transfer title &. 5ctual physical possession, open * continuous ?and ceased to be part of public domain * now ownership vests to the grantee 5ny further grant by Government on same land is null * void Fpon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT 1. 'ndefeasible - when registered, deemed incorporated with 6orrens system) 1 year after issuance of patent #. ,ay not be opened one year after entry by L"A ) otherwise, confusion, uncertainty * confusion on government system, of distribution of public lands may arise * this must be avoided E0cept: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith -ourt in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title
AIM OF HOMESTEAD PATENT : #&
>enevolent intention of government to distribute disposable agricultural land to destitute citiDens for their home and cultivation As a matter of public policy , may be repurchased even if after $ years provided not for profit +ight of repurchase not allowed if sold within family * not for cultivating or living but for speculation purpose
RESTRICTIONS: 1. -annot be alienated within $ years after approval of application for patent #. -annot be liable for satisfaction of debt within $ years after approval of patent application &. %ubject to repurchase of heirs within $ years after alienation when allowed already . 0o 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 %ecretary of 0atural resources E7CEPTIONS : 1. 5ction for partition because it is not a conveyance #. 5lienations or encumbrances made in favor of the government ERRED HOMESTEADER NOT BARRED BY PARI !ELI(T% +ari delicto rule does not apply in void contract Giolation of prohibition results in void contract 5ction to recover does not prescribe
HOMESTEADER /f he dies, succeeded by heirs in the application LEGAL RESTRICTION IN DISPOSITION BY NON9CHRISTIANS (CULTURAL MINORITIES) -onveyance is valid if able to read and can understand language where deed is written .therwise, not valid unless approved by -ommission on 0ational /ntegration %afeguard is to protect them against fraudEdeceit
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS

PURPOSE : 5nother means to bring lands under operation of 6orrens %ystem .rdinary registration is slow for lac8 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 : 'n rem 0o defendant * no plaintiff -ompulsory
PROCEDURE : 1. -5!5%6+5? %F+G,H /n opinion of "hil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated .rder !irector of ?ands to ma8e survey and plan !irector gives notice to persons claiming interest in lands * to gen public of day of survey published in .G and posted in conspicuous place on lands to be surveyed Geodetic engineers commences survey !uring survey, boundaries are mar8ed by monuments
#. </?/0G .< ",6/6/.0 5fter survey and plot been made, !irector represented by %ol Gen institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants "arcel of lots given their cadastral numbers
&. "F>?/-56/.0 .< 0.6/-, .< =,5+/0G -ourt to order date of hearing ?+5 to notify public by publishing notice 1x in .G and 1x in newspaper of general circulation * copy mailed to person whose address is 8nown * other copies posted in conspicuous place designated by law . </?/0G .< 50%',+ 5ny person claiming interest in any part of lands subject to petition is required to file answer Answer must gi e the ff details: a. 5ge of claimant b. -adastral number of lot claimed c. 0ame of barrio or municipality where lot is located d. 0ame of owners of adjoining lots e. /f in possession * without grant no of years in possession f. /f not in possession state interest claimed g. /f assessed of taxation assessed value h. 5ny encumbrances affecting said lots
$. =,5+/0G .< -5%, /n any convenient place where land lies ?i8e an ordinary +6- trial -onflicting claims are determined ?ots claimed are awarded to persons entitles if they could prove title /f none could prove title land is declared public domain
(. !,-/%/.0 -laimants are notified of decision 2. /%%F50-, .< !,-+,, 50! -,+6/</-56, .< 6/6?, Fpon order of court, ?+5 to enter decree of registration !ecree made basis for issuance of .-6
#$
!ecree is now being directly prepared and issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS: 6itle in good faith * for value ,rrors in plan do not annul decree of registration -ancellation * correction are permitted
LAND ALREADY REGISTERED Burisdiction is limited only to correction of technical errors -ourt cannot issue decree on land already decreed +evision of decree allowed when substantial rights are not impaired) what is prohibited is registered land to be registered again in name of another Burisdiction subsists to all incidental matters
#(
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION +arty 'nitiating Sub9ect ,atter #wnership CADASTRAL Government "rivate and "ublic Government does not assert ownership /nterested only in settlement of titles Government underta8es survey and advances expenses /n absence of successful claimant, property goes to government ORDINARY "rivate /ndividual "rivate ?ands .wnership is 5sserted
Sur ey /
.n account of owner 5pplicant has another chance to claim is dismissal is without prejudice
WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED 1; years up to !ec &1, 1:(3 "ersons claiming title but were unable to file their claim even while in possession are granted right to petition for reopening of proceedings provided such were not alienated, leased or disposed by government CADASTRAL COURT DOES NOT AWARD DAMAGES , BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION "rovisions of land registration act applicable to cadastral proceedings
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

%ystem of registration for unregistered land under the 6orrens %ystem @5-6 && 7efore: covers voluntary dealings, now includes involuntary dealings Effect if prospecti e) binds &rd persons after registration but yields to better rights of & rd person prior to registration @limited effect to & rd partiesA "eason: no strict investigation involved Subse)uent dealings also valid if recorded +.! 8eeps day boo8 * a register) index system is also 8ept +rocedure: 1. "resentment of instrument dealing in unregistered land #. 'f found in order registered &. 'f found defecti e registration is refused writing his reason for refusal A
#2

Chapter 1: Background, Basic Concepts & General Principles: Contents

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chapter 1: Background, Basic Concepts & General Principles: Contents

Uploaded by

Copyright:

Available Formats

CIVIL LAW (LAND TITLES) MEMORY AID 2002

ATENEO CENTRAL BAR OPERATIONS