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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

I.

Background Land Titles in the Philippines! A. Pre-Spanish - Possession by indigenous population! B. Spanish Period! 1. All lands in the Philippines were acquired by the Spanish crown; mode of acquisition is discovery; ! 2. Private property ownership on land was introduced through land grants from the Spanish crown to settlers and to indigenous population by way of royal grants, sale and possessory titles.! 3. A system of land registration was introduced known as Ley Hipoticaria or Mortgage Law, the last of which was in 1894 (The Spanish Mortgage Law)! 4. Various laws on land disposition was codied under the Royal Decree of February 19, 1894 providing for the rules on sale, compromise and prescription on crown lands.! C. American Period! 1. Treaty of Paris of 1898 - transferred to the US all property of the Spanish crown. Excludes private lands.! 2. Philippine Bill of 1902 - provides for the rules on disposition of public lands! a) Act No. 496 - provides for the registration of private lands in fee simple (Section 19) or those lands that are already disposed by the crown as private lands, completed title.! b) Act No. 926 - provides for the rules on disposition of public lands (undisposed crown lands) through sales, homestead, and free patent; provides for the rules on conrmation of imperfect spanish grants and possessory titles (by prescription)! 3. Introduced two modes of acquiring titles to land.! a) Public land grants - homestead, sales, free patents; subject to restrictions and area limitations! b) Conrmation of Titles - imperfect titles from the Spanish; possessory titles acquired by prescription; By Operations of Law! 4. Public lands that are agricultural and not needed for forest purposes maybe disposed.! a) Determination made by the Forestry Bureau. Certication that the land is more usable for agriculture than for forest purposes.! b) In cases for conrmation of titles, the Court determines whether the land is agricultural in character or not. (see early ruling cases) !

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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

c) Act No. 2874 introduced land classication in lieu of the certication of agricultural productiveness; reason is to hasten disposition by block classication rather than by isolated certication.! d) Court continues to rule on agricultural nature in conrmation cases; prevailing opinion/policy at the time is private lands are excluded from classication being not part of the public domain.! II. Land Classication! A. Denition - Land classication pertains to classication of lands of the public domain as a natural resources in relation to the tenurial right that the state gives to grantees, holders and possessors of such land.! B. Distinguished from land use classication and zoning - Land use classication is focus more on the regulation of the actual use of the land; does not provide for the rules regarding acquisition of tenure on the land.! C. Laws! 1. 1987 Constitution Article XII, Sections 2 and 3 - classes of lands of the public domain ! a) Agricultural (Commonwealth Act No. 141 or the Public Land Act)! b) Forest or Timber (Presidential Decree No. 705 or the Revised Forestry Code) ! c) Mineral (Republic Act No. 7932 or the Mining Act of 1995)! d) National Park (Republic Act No. 7586 or the National Integrated Protected Area System Act)! 2. Disposition of public lands limited to agricultural lands;! a) Only to Filipino citizens; corporations cannot receive a public land grant except by way of lease (not more than 1,000 hectares)! b) Limit is 12 hectares by way of homestead, sales and grants! c) Previously 16 hectares (Phil. Bill of 1902); 24 hectares in 1935 Constitution; 12 hectares under the 1987 Constitution ! D. Rules on Land Classication! 1. Classication describes the legal nature not the natural state of the land! 2. Executive Department determines land classication! a) DENR vs Yap (G.R. No. 167707, October 08, 2008)! 3. Relate to Constitutional provision regarding the nal forest line by Congress!

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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

4. Relate to Re-classication of land under Section 4 of Republic Act No. 6657! a) See DOJ Opinion No. 23, Series of 1995.! 5. Agricultural lands. ! a) Suitability for agricultural use is the criteria; ! b) Court can make a determination;! (1) Jones vs. Insular Government (6 Phil.122)! (2) Mapa vs. Insular Government (10 Phil.,1753, 1908)! (3) Government of the Philippine Islands vs. Abella (49 Phil. 49)! (4) Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)! (5) Ankron vs. Government of the Philippine Islands (G.R. No. 14213. August 23, 1919)! c) Clarication in Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989) ! d) Sub-Classication of Agricultural Lands! (1) Section 9 of the Public Land Act (CA No. 141)! (a) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909)! (b) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947) ! 6. Forest Land! a) Concept of Forest Zone/Reserves and Public Forest! b) Royal Decree of February 13, 1894! c) Public Forest - difference between the Forest Act and PD No. 750! d) Criteria in the PD No. 705, Section 15! 7. Mineral Lands! a) Denition of Minerals - Minerals, for legal purposes, refers to all naturally occurring inorganic substance in solid, gas, liquid or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.!

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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

b) Denition of Mineral Lands under the old Mining Act (CA No. 137) - those lands in which minerals exist in sufcient quantity or quality to justify the necessary expenditures to be incurred in extracting and utilizing such minerals! c) Denition of Mineral Lands under the Philippine Mining Act of 1995 (RA No. 7932) - any area where mineral resources are found! d) In relation to land titles - A certicate of title is considered void when it covers property of public domain classied as mineral lands because possession of mineral lands, no matter how long does not confer possessory rights.! (1) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929)! (2) Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988)! 8. National Parks! a) New Class - It was introduced only in the 1987 Constitution as a distinct and separate class of lands. National parks as a classication is implemented under Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment and Management of National Integrated Protected Areas System, Dening its Scope and Coverage for other Purposes)! b) Denition - a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. It is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international signicance for scientic, educational and recreational use. (Section 4 par. (a) of RA No. 7586)! 9. Exceptions to Land Classication! a) Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.! b) Mateo Cario vs. Insular Government (212 US 449)! c) Cruz vs. DENR Secretary (G.R. No. 135385. December 6, 2000)! d) Lands declared by the courts as agricultural lands prior to the introduction of land classication;! (1) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792)!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

(2) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001)! e) Lands already registered by the Court as Private Lands ! (1) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) ! f) Judicial Notice on Bureaucratic Constraints in Land Classication! (1) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001)! E. Institutional and Implementation Arrangements! 1. Under the Public Land Act ! a) The present system of classication of lands was introduced in 1919 through Act No. 2874 or the Second Public Land Act. This classication of lands was carried over to our present Public Land Act (Commonwealth Act No. 141) after Act No. 2874 was re-enacted, with some modication, under the Commonwealth Government. ! b) At present, the same is still retained under the same section and heading on classication, delimitation and survey of lands with the President through the Secretary of the Natural Resources Department classifying lands of the public domain for purposes of disposition.! 2. Classication of land as an executive function! a) The determination of what is considered agricultural lands and forest lands are made by the natural resources department of the executive branch, in particular, its forestry arm, i.e. Bureau of Forestry, Forest Management Bureau. ! b) The criteria on what type of land will be classied as forest or agricultural is provided under PD No. 705 (Section 15).! c) Under Executive Order No. 192 place the land classication function of the forestry bureau to the National Mapping and Resources Information Administration (NAMRIA).! d) The DENR Secretary usually issues land classication orders after an interbureau deliberation in the DENR. See PD No. 705.! e) The President, in some instances, issues Proclamations classifying lands upon recommendation of the DENR Secretary.! 3. Section 4(a) of CARP (RA No. 6657) ! a) The power of the executive department to transfer lands from one class to the other under has been removed by Congress. !
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

b) The power to re-classify lands from agricultural to some other class now is with the legislative branch providing that no reclassication of forest or mineral lands to agricultural lands shall be undertaken after until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specic limits of the public domain. ! c) DENR limited now to the classication of public forest.! III. Modes of Acquiring Title to Public Lands! A. Ownership of land must be traced to a government land grant! 1. Regalian doctrine - all lands belong to the State.! 2. Direct Grants (Homestead, Sales, Free Patent) - land is considered as public land; applicant is qualied; applicant must comply with the condition before the grant is awarded by the State and caused its registration.! 3. Indirect Grants (Possession, Prescription, Accretion and Accession) - land becomes ipso facto, by operation of law, private lands; the state merely conrms the title during the proceedings where it is determined, during a court hearing that applicant has qualication and has complied with all the conditions necessary for conrmation of title! B. General Conditions Necessary for a Land Grant ! 1. Provided under Section 8 of CA No. 141! 2. Alienable and Disposable Lands! a) Under Act No. 926 (1903) - Spanish grants are deemed private lands and not subject to classication; Section 19 of Act No. 496, titles in fee simple;! b) Conrmation of Imperfect Titles applied under Spain, agricultural but court determines suitability; (Section 48 of Act No. 926)! c) Public land disposition on lands suitable for agriculture as certied by the forestry department;! d) Under Act No. 2874 (1919) - Land classication of public land was introduced;! (1) Blocks of lands pre-classied even prior to disposition! (2) Classication of land as a legal object; ! (3) Private lands and lands for conrmation of title not subject to classication, land registration court makes determination! e) Under Republic Act No. 3872 (1964) - Cultural minorities can have titles to Non A and D Lands!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

f) Under Section 4, Presidential Decree No. 1073 (1977) - Conrmation of Titles Limited in A and D Lands only)! g) Under Indigenous Peoples Rights Act of 1997 - Ancestral Domain as private property of IP.! (1) Cruz vs. DENR Secretary ! 3. Surveyed and Delineated ! a) No survey no title - means of determining location and area of land for purposes of identication.! b) Survey approval of the Director of Lands before title is issued - Section 107, CA No. 141! c) Survey approval of the Director of Lands of complex subdivision under Presidential Decree No. 957 (Subdivision and Condominium Buyers Protection Decree); ! (1) National Housing Authority also has to approved; ! (2) Now LGU has to approve under the Local Government Code (RA No. 7160); implementation arrangement under EO No. 71, S. 1993 (LGUHLURB)! d) DENR as the agency exercising direct control and supervision over survey of lands in the Philippines (Section 4, CA No. 141)! (1) Survey Standards - Issues manuals and technical bulletins! (2) Direct supervision - Inspection; verication; and approval of surveys! (3) LRA has concurrent jurisdiction to approve simple subdivision of registered lands ! (a) Section 44, Act No. 496 (Land Registration Act) in relation to P.D. No. 957! (b) Section 6 Par. 1 (f) of PD No. 1529! e) Cadastral Surveys - Director of Lands surveys entire municipality before institution of cadastral proceedings under Act No. 2259 (presently incorporated under PD No. 1529); involuntary! f) Isolated Surveys - not cadastral, piecemeal, for land disposition and registration! 4. Not for Public or Quasi-Public Use or Appropriated by the Government ! 5. Not private lands!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

C. Area limitation under the Constitution and the law! a) Under the Philippine Bill of 1902 - 16 hectares ! b) Under 1936 Constitution - 24 hectares! c) Under 1973 Constitution - 24 hectares! d) Under 1987 Constitution - 12 hectares! D. Qualication of Applicant! 1. On Public Land! a) Citizenship - Non-Citizen cannot own land; Free Patent requires that the applicant is natural born! b) Age - general any age; except homestead must be 18 years or head of Family if minor! 2. Corporations not allowed since 1973 to acquire public lands ! a) Conrmations of Private Lands! b) Cases! E. Public Land Grants in Agricultural Lands! 1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act No. 141 ! a) Patent issued to frontier lands and newly released A and D lands where no possessory rights exists! b) Upon approval of homestead application, homesteader is allowed to enter and cultivate A & D lands! c) Grant of homestead patent is conditioned upon entry, occupation, improvement, cultivation (1/5 of the land), residency (1 year) and nal proof within 5 years! d) Homesteader cannot use share tenancy in complying with the conditions (1973) under Presidential Decree No. 152! e) Original homestead grantees or direct compulsory heirs who still own the original homestead at the time of the approval of CARL keeps to retain the same areas as long as they continue to cultivate the homestead under Section 6 of RA No. 6657 as amended.! 2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141; !

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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

a) Upon approval of application, land is appraised and notice is made by publication for bidding on the land;! b) Conditioned upon appraisal, bidding, entry, cultivation and payment.! c) Payment by 10 equal yearly instalment is allowed! 3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141; ! a) Corporations can lease up to 1,000 hectares! b) Private individuals (citizens) up to 500 hectares; ! c) Appraisal, bidding, entry, payment! 4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act No. 141. ! a) Conditioned upon occupation/possession and payment of real property taxes for a certain period ! b) Last amendment on the requirements for free patent under Republic Act No. 6940; actual possession, cultivation and payment real property tax for 30 years prior to 1990)! c) Filing of application up to 2020 only (Republic Act No. 9176, Extending Free Patents)! F. Public Land Grants In Residential, Commercial, Industrial Lands! 1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth Act No 141; ! a) Same as agricultural sale; ! b) Appraisal; bidding; entry; introduction of improvements; and payment! 2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to conditions! a) Any citizen of legal age, not the owner of a home lot in the municipality or city; in good faith established his residence on a parcel; not needed for the public service; private or direct sale (appraisal but no bidding); not more than one thousand square meters; occupants has constructed his house on the land and actually resided therein. 10% payment upon approval balance may be paid in full, or in ten equal annual installments; restriction on transfer 15 years; ! b) Restriction was removed under PD No. 2004 (1985)! 3. Batas Pambansa Bilang 223 (1982) - limited residential free patent!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

a) Conditions - any citizen, not a registered owner of a residential land in 5th class municipalities, has been actually residing on, and continuously possessing and occupying, under a bona de claim of acquisition of ownership, paid all the real estate taxes thereon since June 12, 1945, and not to exceed 3,000 sqm; ! b) Not applicable in cities, and in in rst class, second class third class, and fourth class municipalities, and in townsite reservations; ! c) Law expires in 1987 without being extended! 4. Republic Act No. 10023 (2010) - Residential Free Patent Law ! a) Conditions - any citizen; actual occupant, resided under a bona de claim of ownership for 10 years; land not needed for public service and/or public use; all lands zoned as residential; townsites included; delisted military reservation or abandoned military camp included; actual survey; two supporting afdavits of disinterested person(residents)! b) Applies to all cities and municipalities! G. Restrictions and limitations on Transfers of Land Patents! 1. Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123)! 2. Presidential Decree No. 2004 (Section 2)! 3. Republic Act No. 10023 (Section 5)! H. Title Obtained by Operations of Law (Section 14, PD No. 1529)! 1. General consideration ! a) Title was obtained not by registration but by operations of law under the assumption that the occupant of the land is qualied and has complied with the conditions set forth. ! b) The title is vested to the ipso facto but it has to be conrmed by the State and registered.! 2. Section 14, Paragraph (a) - Open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona de claim of ownership since June 12, 1945, or earlier; ! a) In 1976 all holders of Spanish titles or grants should apply for registration of their lands under Act No. 496 within six (6) months afterwards Spanish titles cannot be used as evidence of land ownership in any registration proceedings under the Torrens system P.D. No. 892; ! b) In 1977 lands that are not declared alienable and disposable are no longer included however long the possession of the applicant was; judicial conrmation of incomplete titles to public land based on unperfected Spanish
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

under the laws and royal decrees in force prior to the transfer or sovereignty from Spain to the United States are disallowed (Presidential Decree No. 1073);! c) Period of possession before declaration of A and D is not important for disposition as long as the land is A and D at the time of application (Heirs of Malabanan v. Republic of the Philippines, G.R. No. 179987, April 29, 2009).! 3. Section 14, Paragraph (b) - Those who have acquired ownership of private lands by prescription under the provision of existing laws; ! a) Prescription of thirty (30) years begins from the moment the State expressly declares that the public dominion property is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial1; !
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b) Cases: See Malabanan; Republic of the Philippines vs. East Silverland Realty Development Corporation; G.R. No. 186961, February 20, 2012; Tan, et al. vs. Republic of the Philippines, G.R. No. 193443, April 16, 2012). ! 4. Section 14, Paragraph (c) - Right of accession or accretion;! a) By law, accretion - the gradual and imperceptible deposit made through the effects of the current of the water belongs to the owner of the land adjacent to the banks of rivers where it forms. The drying up of the river is not accretion. Hence, the dried-up river bed belongs to the State as property of public dominion, not to the riparian owner; they are not open to registration under the Land Registration Act. The adjudication of the lands in as private property is null and void (Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984; Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No. 160453) ! b) Ownership over the accretion received by the land adjoining a river is governed by the Civil Code; but land has to be registered otherwise it can be lost by reason of prescription and/or occupation of others (Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962);! c) Article 457 of Civil Code 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; Law Of The Waters - the accretion resulting from the gradual deposit by or sedimentation from the waters belongs to the owners of the land bordering on streams, torrents, lakes, or rivers; (Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908);! 5. Section 14, Paragraph (d) - Those who have acquired ownership of land in any other manner provided for by law.!
" Section 1

14(2) is patrimonial property as dened in Article 421 in relation to Articles 420 and 422 of the Civil Code. Page 11 " of "33

Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

I. Title issued under CARP (Republic Act No. 6657, as amended by Republic Act No. 9700)! 1. Coverage - All alienable and disposable lands of the public domain devoted to or suitable for agriculture. All other lands owned by the Government devoted to or suitable for agriculture; and All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.! 2. Retention Limits Land Area - ! a) Retention by the landowner shall not exceed ve (5) hectares.! b) Three (3) hectares may be awarded to each child of the landowner, subject to the following qualications: (1) that he is at least fteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm.! c) Landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the area originally retained by them thereunder;! d) Original homestead grantees or direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead.! 3. Ceiling Beneciaries Land Area - Not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. A landless beneciary is one who owns less than three (3) hectares of agricultural land.! 4. Transferability of Awarded Lands - cannot be sold, transferred or conveyed for ten (10) years except by:! a) Hereditary succession;! b) To the government! c) To the Land Bank! d) Other qualied beneciaries through the DAR.! 5. Repurchase - Children or the spouse of the transferor within a period of two (2) years (Sold to the Government and Land Bank)! 6. Collective Title - Option provided that the total area that may be awarded shall not exceed the total award limit of all beneciary. Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. If the certicates of land ownership award are given to cooperatives then the names of the beneciaries must also be listed in the same certicate of land ownership award.! 7. Exemptions and Exclusions. (Section 10, RA No. 6657)!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, sh sanctuaries and breeding grounds, watersheds and mangroves; private lands used for prawn farms and shponds; lands used and necessary for national defense, school sites and campuses, public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and convents appurtenant, mosque sites and Islamic centers, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed.! J. Title issued under IPRA Law! 1. Identication and delineation of Ancestral Domain! 2. Issuance of Ancestral Domain Certicate of Title! 3. Ancestral Domain and the Regalian Doctrine (Cruz vs. DENR Secretary)! K. Jurisdiction, Procedure, Process A. Patents! 1. The power to dispose public lands is under the DENR as provided by Commonwealth Act No. 141 in relation to Executive Order No. 192.! 2. DENR provides for the rules and regulations regarding the disposition of public lands including the procedures for the processing of public land applications. (Section 5, PLA); see Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706)! 3. DENR has the authority to determine the conicting claims of applicants and Occupants (Section 102, PLA). DENR acts as a quasi-judicial tribunal; has exclusive jurisdiction over the disposition of lands of the public domain in the absence of specic legislation to the contrary. ; subject to judicial review in case of fraud, imposition or mistake, other than error of judgment in estimating the value or effect of evidence; See Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934; Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No. L-5622, December 29, 1952); Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)! 4. Authority to Sign Patents - General Rule President as Chief Executive; ! a) Under E.O. No. 192 (1987) reorganizing and the integration of the different Bureaus under the in the Regional/Field Ofce Set-up, the Secretary of the newly organized DENR was given a general mandate to implement public land laws, with powers to delegate includes the power to sign patents and to delegate the same to such ofcers as he may deem t. At present, up to 5 hectares (PENRO), more than 5 but not exceeding 10 (RED), in excess of 10 (Secretary)! 5. Processes and procedure are governed by administrative orders, circulars and manuals; below is a summary of the process:!
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

a) Survey of the Land (Check A and D; Check if Titled; Check other claims); if land is already surveyed; check survey record DENR! b) Filing of Application (CENRO)! (1) Examination of the Applicant for Personal Qualication to own public land (Check nationality; check total landholding public grant)! (2) Examination and Inspection of the Land - Check land allocation record book; Check use and purpose; agricultural, residential, etc. (land patents)! (3) Prepare Inspection report - Public Land Inspector; approval of Land Management Ofcer;! c) Approval of application - (CENRO Approves application)! (1) If Free Patent, upon approval of application a patent is prepared at the CENRO for signing of the PENRO ! (2) If Homestead - an entry permit is issued allowing the homesteader to enter, occupy and cultivate the land upon payment of the entry fee.! (a) Final Proof upon completion of the 1/5 cultivation requirement! (b) Re-investigation and preparation of Re-investigation report, (Cultivation, residency, etc)! (c) Patent is prepared and transmitted to PENRO for approval and signing! (3) If Sales - appraisal and bidding and payment! (a) Investigation report (Improvements, cultivation, full-payment, etc)! (b) Patent is prepared and transmitted to PENRO for approval and signing! d) Approval and signing of Patents by the designated DENR Ofcer!

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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

e) Transmission to the Register of Deeds (See Section 103, PD No. 1529)2!


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L. Conrmation/Registration Proceedings in Court! 1. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system.! 2. Powers of the Land Registration Authority$ a) Section 6 of PD 1529$ b) Register of Deeds, see Section 10 of PD 1529! 3. Ordinary vs. Cadastral Proceedings! a) Ordinary is isolated and voluntary - pertains to isolated parcel of land initiated voluntarily by the land owner/occupant! b) Cadastral is mass and compulsory - pertains to a proceedings covering all the parcels in the municipality/city; initiated by the government! 4. Procedure is provided under PD No. 1529, voluntary registration (See Section 14 to 30 PD No. 1529); in general! a) Filing of the application (Regional Trial Court, BP No. 129)! b) Issuance of an Order setting the date and hour of the Initial hearing which shall not be earlier than forty-ve days nor later than ninety days from the date of the order. ! c) Notices! (1) Publication Ofcial Gazette; ! (2) Mailing; and ! (3) Posting.!

2 "

Section 103. Certicates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the duty of the ofcial issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be led with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance, whereupon a certicate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the ofce of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certicate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.! Page 15 " of "33

Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

d) Filing of Opposition - Any person claiming an interest may appear and le an opposition on or before the date of initial hearing or anytime as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party; the remedy desired; signed and sworn;! e) Initial/Jurisdictional hearing - applicant presents evidence of compliance to the order of the court for notices on the setting of initial hearing; court will ask if there are oppositions ! f) Order of Default - If no person appears and answers, upon motion of the applicant the court may order a default to be recorded and require the applicant to present evidence. But when an appearance has been entered and an answer led, a default order shall be entered against persons who did not appear and answer.! g) Hearing/Referee/Commisioner - The court may hear the case (applicant presents evidence; oppositors presents evidence) or refer the case or any part to a referee; hearing at any place within the province; submit his report thereon to the court within fteen days after the termination of such hearing. Court may adopt the report or set it aside for further proceedings;! h) Judgement - Within ninety (90) days from the date the case is submitted for decision. The Court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, nds that the applicant or the oppositor has sufcient title proper for registration, judgment shall be rendered conrming the title of the applicant, or the oppositor, to the land. Becomes nal upon the expiration of thirty (30) days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases.! i) Partial Judgement - All conicting claims of ownership and interest in the land subject of the application determined by the court but the court may render partial judgement where only a portion of the land is contested.! j) Issuance of Decree - After judgment has become nal and executory, the court issue an order to LRA for the issuance of the decree of registration and the corresponding certicate of title in favor of the person adjudged entitled to registration.! k) Transmission of the Decree to the Register of Deeds! 5. Cadastral Registration Proceedings! a) Purpose: For adjudication and settlement of title to any unregistered lands direct;! b) Cadastral Survey of the Land! (1) Order the Director of Lands to cause a cadastral survey of the lands and the plans and technical description be prepared.!
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(a) First Notice - Notice to persons claiming any interest in the lands as well as to the general public of the survey, giving as fully and accurately as possible the description of the lands By Publication once in the Ofcial Gazette! (b) Posting in a conspicuous place on the bulletin board of the municipal building of the municipality in which the lands or any portion thereof is situated.! (c) Notice to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned.! (d) Second Notice - Notice of the date on which the survey of any portion of such lands by posting in the bulletin board of the municipal building of the municipality or barrio in which the lands are situated by the GE or DENR.! (2) Duty of the Geodetic Engineer! (a) To enter upon the lands for the purpose of the survey; and! (b) To mark the boundaries of the lands by monuments set up in proper places thereon.! (3) Duty of the claimant/s - communicate with the Geodetic Engineer upon his request for all information possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.! (4) Penalty: Any person who shall wilfully obstruct the making of any survey undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey under this Section, or shall maliciously interfere with the placing of any monument or remove such monument, or shall destroy or remove any notice of survey posted on the land pursuant to law, shall be punished by a ne of not more than one thousand pesos or by imprisonment for not more than one year, or both.! c) Cadastral Court Proceedings:! (1) Petition - After the survey the DENR thorough the Solicitor General shall institute original registration proceedings by ling a petition in Regional Trial Court of the place where the land is situated against the holders, claimants, possessors, or occupants of such lands stating that such titles to the land be settled and adjudicated.! (2) Contents:! (a) A description of the lands and shall be accompanied by a plan; and!

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(b) May contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.! (c) Where the land consists of two or more parcels held or occupied by different persons, the plan shall indicate the boundaries of the parcels! (d) The parcels shall be known as "lots" and shall on the plan led in the case be given separate numbers by the Director of Lands, which numbers shall be known as "cadastral lot numbers.! (e) The lots situated within each municipality shall be numbered consecutively beginning with number one and only one series of numbers shall be used. However in cities or townsites, a designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot numbers.! (f) The cadastral number of a lot shall not be changed after nal decision has been entered decreasing the registration thereof, except by order of court. Future subdivisions of any lot shall be designated by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective subdivisions pertain. The letter with which a subdivision is designated shall be known as its "cadastral letter": Provided, however, that the subdivisions of cities or townsites may be designated by blocks and lot numbers.!

(3) Answer - Any claimant in cadastral proceedings, whether named in the notice or not, shall appear before the court and shall le an answer on or before the date of initial hearing or within such further time as may be allowed by the court and shall state:! (a) Marital status;! (b) Name of the spouse and the date of marriage,! (c) Nationality! (d) Residence and postal address, and! (e) The age! (f) The cadastral number of the lot or lots claimed!

(g) The name of the barrio and municipality in which the lots are situated;! (h) The names and addresses of the owners of the adjoining lots so far as known to the claimant;!

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(i)

If the claimant is in possession of the lots claimed and can show no express grant of the land by the government, the answer shall state the length of time he has held such possession and the manner in which it has been acquired;! If the claimant is not in possession or occupation of the land, the answer shall fully set forth the interest claimed by him and the time and manner of his acquisition; !

(j)

(k) If the lots have been assessed for taxation, their last assessed value; and! (l) The encumbrances, if any, affecting the lots and the names of adverse claimants, as far as known.!

(4) Hearing - The trial of the case in a place within the province in which the lands are situated; Claimant presents evidence! (5) Orders for default and confessions entered, in the same manner as in ordinary land registration proceedings and shall be governed by the same rules.! (6) All conicting interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to the lands or to parts thereof and such decrees shall be the basis for issuance of original certicates of title in favor of said persons! (7) Same effect as certicates of title granted on application for registration of land under ordinary land registration proceedings.! IV. Land Registration ! A. Importance of Land Registration -! 1. Provide order and stability in society by creating security in property ownership not only for landowners but also for investors, bankers, government, etc.! 2. The systems of land registration are frequently directed at protecting the interests of individual landowners but they are also instruments of national land policy and mechanisms to support economic development.! B. Function of Land Registration! 1. Every land administration system should include some form of land registration, which is a process for recording, and in some countries guaranteeing, information about the ownership of land.! 2. Land registration is a process of ofcial recording of rights in land through deeds or as title on properties. It means that there is an ofcial record (land register) of rights on land or of deeds concerning changes in the legal situation of dened units of land. It gives an answer to the questions who and how. In some
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countrys, this information regarding ownership of identiable parcel units are contained in a cadastre! 3. The function of land registration is to provide a safe and certain foundation for the acquisition, enjoyment and disposal of such rights in land.! C. Meaning of Registration! 1. In general, registration means any entry made in the books of the registry including the cancellation, annotation and even the marginal notes.! 2. In its strict sense, it is the entry made in the registry which record solemnly and permanently the rights of ownership and other real rights.! 3. The mere presentation of a document is not equivalent to registration.! D. Title and Deed System Distinguished! 1. Deed Registration - the deed itself, being a document which describes an isolated transaction, is registered. This deed is evidence that a particular transaction took place, but it is in principle not in itself proof of the legal rights of the involved parties and, consequently, it is not evidence of its legality. Thus before any dealing can be safely effected, the ostensible owner must trace his ownership back to a good root of title.! 2. Title Registration - it is not the deed describing the transfer of rights but the legal consequence of the transaction or the right itself that is registered. ! a) Under this system, title is created by registration. ! b) This system shifts the balance signicantly towards facility of transfer. It provides a public register of interests in land and enables a purchaser who complies with the system to acquire ownership free of a prior interest which is not recorded in the register.! 3. Difference - Deed registration is concerned with the registration of the legal fact and while title registration is concerned with the legal consequence of that fact. In other words, the relation between deed and title registration is similar to the relation between legal facts and legal consequences. ! E. Original Registration! 1. It deals with the initial compilation of land titles in the registers through the determination of tenurial right holder to the land.! 2. In the Philippines, this is done through public land dispositions and registration of imperfect titles (unregistered private lands). See Land Titles! 3. Adjudication, as it is called in other countries, is the rst function that the system of land registration has to fulll.! F. Subsequent Transactions and Transfers of Right!
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1. Takes place when a deed or instrument affecting land is made of public record (or registered) after original registration.! a) Simple transfer of rights - a person takes the interest of person in a property unit as the same well-dened parcel.! b) Transfers of rights with property changes - The transaction caused the formation of a new property unit. In this kind of transfer the property as a unit and not only the interest on the property changes as a result of the transfer. This means that the existing registers have to be updated due to subsequent changes in the boundaries of the parcel by reason of subdivision or consolidation of the property. This changes are caused by subdivision or consolidation of land and involves an elaborate procedure of delineation of the new property unit/s. The new owner or his interest will have to be connected to the newly formed parcels.! 2. General Legal Principles in Land Registration! a) The Identity - the concerned subject (owners and rights holders) and object (real property dened as a parcel) is unambiguously and clearly identied.! b) The Consent - the real entitled person who is booked as such in the register must give his consent for a change of the inscription in the land register; ! c) The Booking - a change in real rights on an immovable property, especially by transfer, is not legally effected until the change or the expected right is booked or registered in the land register;! d) The Publicity - the legal registers are open for public inspection, the published facts can be upheld as being correct by third parties in good faith and can be protected by law; and! 3. Effect of Registration in the Torrens System! a) The Mirror Principle - the register is supposed to reect the correct legal situation on the parcel;! b) The Curtain Principle - no further historical investigation on the title beyond what is stated register is necessary; and! c) The Insurance or Guarantee Principle - the State guarantees that what is registered is true for third parties in good faith and that a bona de rightful claimant who is contradicted by the register is reimbursed from an insurance fund of the state.! V. Torrens System! A. Background! B. Purpose of the Torrens System in General!

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1. One is to provide security of ownership, that is, it should protect an owner against being deprived of ownership except by his or her own act or by specic operation of a legal process such as expropriation or debt collection.! 2. Provide facility of transfer, that is, it should enable anyone, particularly a purchaser, to acquire ownership easily, quickly, cheaply and safely. Unfortunately, the measure designed to achieve one of these purposes is likely to militate against achieving the other.! C. Aims of the Torrens System! 1. Title to land should be acquired by registration;! 2. Title to land should be, as far as possible, secure and indefeasible;! 3. A purchaser should not need to go behind the register to investigate the root of the title;! 4. The register should reect as accurately as possible the true state of title to land so that persons who propose to deal with land can discover all the facts relative to the tile;! 5. The system for the transfer of land should be efcient, effective and simple; and! 6. There should be an adequate compensation where an innocent purchase owner has suffered loss due to the operation of the system.! VI. Torrens System in the Philippines ! A. Mirror Principles - the register is supposed to reect the correct legal situation on the parcel;! 1. Identity of the Land - Land identication is done through survey; survey is a requirement before a land can be registered.! a) Section 8 of CA No. 141! b) Survey of the land before registration (Section 15 for original voluntary registration and Section 35 and 36 for Cadastral)! c) (2) Approval of the subdivision survey of the land before issuance of new derivative titles; (Section 50, PD No. 1529)! d) Limitation - see Section __ of PD No. 1529! 2. Identication of land owners - ensured during the original registration proceedings, cadastral registration proceedings or through the processing of public land application under the Public Land Act. see application requirements; personal circumstances of applicants are secured; proceedings is in rem; adversarial; after notice; except in public lands where the state (as owner) directly confers the land to the grantee who has to be qualied by the lands department.!
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a) Statement of personal circumstances in public land applications;! b) Statement of personal circumstances in ordinary and cadastral registration proceedings;! c) Statement of personal circumstances in the certicate of title. (Section 45 of PD No. 1529)! B. Curtain Principle - no further historical investigation on the title beyond what is stated register is necessary; Indefeasibility of titles.! 1. Every registered owner receiving a certicate of title in pursuance of a decree of registration and every subsequent purchaser of registered land taking a certicate of title for value and in good faith holds the same free form all encumbrance except those noted in the certicate. (Section 44, PD No. 1529);! 2. A certicate of title shall not be subject to collateral attack. It cannot be altered, modied or cancelled except in a direct proceeding in accordance with law (Section 48, PD No. 1529) ! 3. No title to registered land in derogation of the title of the registered owner shall be acquire by prescription. (Section 47, PD No. 1529)! 4. Case Law: Where innocent third persons relying on the correctness of the certicate of title issued, acquire rights over the property, the court cannot disregard such rights and order the total cancellation of the certicate for that would impair the public condence in the torrens system. (Soliven v. Francisco, GR No. 51450, Feb. 10, 1989; Duran v. IAC, GR No. L-64159, Sep. 10, 1985)! C. Insurance Principle - Section 93 to 102 of PD No. 1529 The Assurance Fund is an indemnity fund created for the purpose of compensating a person who sustains loss or damage, or is deprived of land or any interest therein in consequence of the bringing of the land under the operation of the Torrens system or arising after original registration of the land, through fraud or in consequence of any error, omission, mistake or misdescription in any certicate of title or in any entry or memorandum in the registration book. The Fund is sourced from the amount collected by the register of deeds upon the entry of a certicate of title in the name of registered owner, as well as upon the original registration on the certicate of title of a building or other improvement on the land covered by said certicate equivalent to one-fourth of one per cent of the assessed value of the real estate on the basis of the last assessment for taxation purposes. All the money received by the register of deeds shall be paid to the National Treasurer who shall keep the same in an Assurance Fund which may be invested in the manner and form authorized by law.! D. Exceptions:! 1. Statutory Liens and Restrictions! 2. Liens, claims or rights under the law which are not required to appear of record in the Registry of Deeds!
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3. Unpaid real estate taxes levied and assessed within 2 years! 4. Public high ways/canals or private way if the title does not state that the boundaries of such highway have been determined! 5. Disposition pursuant to agrarian reform law! 6. Registered land are subject to burdens and incident as any arise by operation of law.! 7. Registered owners not relieved of the following incident on land. ! a) Rights incident to marital relation;! b) Landlord and tenant! c) Liability to attachment or levy on execution! d) Liability to any lien of any description established by law on the land and the buildings! e) Change the laws of descent! f) Rights of partition between co-owners! g) Right to take the same by eminent domain! h) Liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences! i) Change or affect in any way other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided under PD No. 1529.! 8. Restrictions on Patents ! a) Free patents and homestead patents issued by the government are subject to restrictions regarding transfer and mortgage under Sections 118, 119, 120, 121 and 122 of the present Public Land Act. ! b) Sales patents on the other hand are covered by Sections 121 and 122. ! c) A qualied restrictions on all patents sold be national cultural minorities are covered by Section 120. ! d) Republic Act No. 730 that provides for the direct sale of residential lands has restrictions on transfer and encumbrance of 15 years, however, the same was removed by Presidential Decree No. 2004 in 1985 declaring that paragraph 2 of the said law is too onerous and prevents utilization of the land. !

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e) Republic Act No. 10023 altogether removed the restrictions that are attached to Free Patents under Section 5. ! f) The policy of the government recently is to encourage he development of formal land market by making the titles to the land tradable.! g) All public land patents issued to applicants does not convey title to all kinds of mineral resources as the same remain to be property of the State. (Section 110, PLA)! h) The land patented shall likewise be subject to public servitudes that exist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable rivers (Section 111, PLA).! i) The state likewise reserves a right of way not exceeding sixty (60) meters for public highways, railroads, irrigation, ditches, aqueducts, telegraph and telephone lines and similar works as the government or any public or quasipublic service or enterprise including mining or forest concessionaires, may reasonably require for carrying on its business, with damages to improvements only.! j) Republic Act No. 1273 amended Section 90 of the PLA and provided that a strip forty (40) meters wide starting from the bank on each side of any river or stream that may be found on the land patented shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value, and that the grantee shall not make any clearing thereon or utilize the same for ordinary farming purposes even after patent shall have been issued to him or a contract of lease shall have been executed in his favor.! 9. Deferred indefeasibility! a) In Decree - the case cannot be reopened except if such decree was obtained by actual fraud, action should be led within 1 year after the issuance of decree. (Section 32, PD No. 1529)! b) In Patents - the date of the issuance of patents corresponds to the date of the issue of the decree in ordinary registration cases, because the decree nally awards the land applied for registration to the party entitle to it and the patent issued by the Director of Lands equally and nally grants, awards and conveys the land applied for to the applicant. The purpose and effect of both the decree and the paten is the same (Case Law: Sumail vs. Judge CFI of Cotobato, GR No. L-8278, April 30, 1955) ! c) Exception to the exception - If the property was acquired by an innocent purchaser for value, then the one year period will not apply.! 10. Reconveyance!

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a) A legal and equitable remedy granted to the rightful land owner of land which has been wrongfully or erroneously registered in the name of another for purpose of compelling the latter to transfer or reconvey the land to him.! b) Prescription of Action for Reconveyance! (1) Action base on Fraud - 10 years from the issuance of title or date of registration of deed. (Caro v. CA, GR No. 76148, Dec. 201989; Leyson v. Bontuyan, GR No. 156357, Feb. 18, 2005; Casipit v. CA, GR No. 96829, Dec. 9, 1991)! (2) Action base on implied trust - 10 years after issuance of title or date of registration (Villagonzalo v. IAC, GR No. 71110, Nov. 22, 1988; Amerol v. Bagumbaran)! (3) Action base on void contract - Imprescriptible (Solid State MultiProducts Corp. v. CA GR No. 8338, May 6, 1991)! (4) Action based on ctitious deed - imprescriptible (Lacsamana vs. CA, GR No. 121658, March 27, 1988)! (5) Action to quiet title - imprescriptible when in possession (Sapto v. Fabiana, GR No. L-11285, May 16, 1958; Caragay-Layno v. CA GR No. 52064, Dec. 26, 1984; Leyson vs. Buntuyan)! (6) Laches - is one of estoppel because it prevents people who have slept on their rights from prejudicing the rights of third parties who have placed reliance on the inaction of the original patentee and his successors in interest (Lucas vs. Gamponia, GR No. L-9335, Oct. 31, 1956)! (7) Res Judicata - Court cancels the title (Roxas v. Court of Appeals, GR No. 138660, Feb. 5, 2004)! (8) State not bound by prescription (Republic v. Ruiz, GR No. L-23712, April 29, 1968)! (9) Laches - There is no statutory limit for recovery of a registered land base on laches. A a long list of cases were decided upholding the doctrine. A word of caution, however, is necessary because the Supreme Court has decided on a case by case basis and it has not categorically set a specic time which could serve as a precedent.! 11. Reversion - restoration of public land fraudulently awarded or disposed of to the mass of the public domain! (1) Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III of the Administrative Code of 1987 (EO No. 292); Action for reversion is instituted by the Solicitor General.! (2) Grounds: Violation of the Constitution!
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12. Caveat Emptor - Although it is a recognized principle that a person dealing with registered land need not go beyond its certicate of Title, it is expected from the purchaser of a valued property to inquire rst into the status or nature of possession of the occupant, whether or not the occupants possess the land en concepto de dueo, in concept of an owner.! a) The rule of caveat emptor requires the purchasers to be aware of the supposed title of the vendor and one who buys without checking the vendors title takes all the risks and losses consequent to such failure. Possession by people other than the vendor wihtout making inquiry, cannot be regarded as bona de purchaser in good faith. (Dacasin v. Court of Appeals, GR No. L-32723, Oct 28, 1977, Roxas v. Court of Appeals, GR No. 138660, February 5, 2004).! b) Generally, circumstances which would have reasonably require the purchaser to investigate defects in title (Caram v. Laureta, GR No. L-28740, Feb. 24, 1981)! c) Rule applies to mortgages of real property (Crisostomo v. Court of Appeals, GR No. 91383, May 31, 1991)! 13. Faulty Registration - A certicate of title is not conclusive where it is a product of a faulty registration. (Widows and Orphans Associations, Inc. v. Court of Appeals, GR No. 919797)! E. Booking Principle! 1. The act of registration from the time of such registering, ling or entering before the register of deeds is the constructive notice and operative act to affect land that affects third persons (Sections 51-52, PD No. 1529).! 2. Presentation of owners duplicate necessary to transact voluntary registration (Section 54, PD No. 1529).! 3. Registration of the transaction in the primary entry book (Section 53, PD No. 1529).! F. Publicity! 1. Notice Requirement in Original and Cadastral proceedings - publication, mailing and posting.! 2. Certied copies of all instruments led and registered may also be obtained from the Register of Deeds upon payment of the prescribed fees. (Section 56, PD No. 1529)! VII. Registration of Deeds! A. Meaning - Registration of Deeds and other Instruments or subsequent registration takes place when a deed or instrument affecting land is made of public record after the date of its original registration. Thus, the registration of a sale, mortgage, lease,
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attachment, notice of levy or other encumbrances falls within the purview of subsequent registration.! B. Kinds of Deed Registration - deed registration is either voluntary of involuntary registration of instruments.! 1. Voluntary - are contracts or agreements willfully executed by the land owner or his duly authorized representative such as sales, leases, mortgages, donations, exchanges, trusts or variations thereof affecting real estate.! 2. Involuntary - refers to those executed against the will or without the consent of the landowner contrary to his interest or will affect him adversely such as attachments, levy on execution, adverse claim, lis pendens and other liens! C. Registration of Voluntary Transactions! 1. Compliance with the essential requisites of a contract! a) Consent - meeting of the minds;! b) Object Certain - subject of the contract; within the commerce of man and lawful; and! c) Cause - consideration; prestation, services, benets, pure benecence or liberality.! 2. Observance of the Formal requirements of a public instrument! a) When the law requires that some contracts be in some form in order for it to be valid or enforceable, i.e. must be in writing (agreements in marriage, lease of more than one year, agency to sell real property, donations intervivos, etc.)! b) The contract must be executed in the form of a public instrument;! c) Signed by the person/s executing the same;! d) In the presence of two witnesses who shall likewise sign and acknowledge to be their free act and deed of the parties;! e) Before a notary public or other public ofcer authorized by law to take acknowledgement. Documents executed in a foreign country should be acknowledged before a Philippine diplomatic or consular ofcial. If acknowledged before a foreign notary public, it should be authenticated by the Philippine diplomatic or consular ofcial before it can be registered.! f) All pages of the deed must be signed.! g) The documents presented shall contain the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming interest; and!
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h) Must state marital status and name of wife/husband if married.! 3. Submission of supporting documents for certain transactions before registration as provided by special laws! a) Certied true copy of the Tax Declaration in transaction involving transfer of ownership;! b) Certicate Authorizing Registration (CAR) or Certicate of Exemption from the BIR in case of sale, exchange or other disposition of real property;! c) Certication from the BIR that the documentary stamp tax has been paid;! d) Certication from the LGU Treasurer that the property is not delinquent in the payment of real estate taxes in case of alienation, transfer or encumbrance of real property (Sec. 209, RA 7160, LGC1991);! e) Certication for the LGU Treasurer that the land transfer tax due on the transaction has been paid in case of sale, donation, barter or any other mode of transferring ownership or title of real property (Sec. 135, LGC 1991);! f) Clearance from Department of Agrarian Reform and Afdavit of Total Landholdings by the vendee in case of sale of agricultural lands;! g) An Order fro the DAR Regional Director approving the sale in case the property sold is covered by an Emancipation Patent;! h) Duly approved subdivision plan and its corresponding Technical Description where the property to be titled by virtue of the transaction is a resulting lot of a subdivision;! i) Special Power of Attorney - if the transaction is through an agent;! j) Court Order - if made through a guardians or administrators; and! k) For Corporations - Secretary Certicate or a copy of the Board Resolution authorizing the transaction (sale, purchase, exchange) designating the ofcer authorize to sign the deed.! 4. Performance of the jurisdictional requisites for registration ! a) Entry of the document in the primary entry book;! b) Payment of entry and registration fees; and! c) Production of the owners duplicate of title! D. Registration Procedure in Voluntary Registration in General! 1. Entry of the document in the primary entry or day book, accompanied by all supporting documents applicable to the transaction; All supporting documents
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applicable to the transaction should also be submitted together with the basic instruments.! 2. Section 56 of PD 1529 require each register of deeds to keep a primary entry book where all instruments relating to registered land shall be entered in the order of their reception. Entry in the day book is the preliminary step in registration. The annotation of memorandum or the issuance of a new certicate of title is the nal step to accomplish registration. While the preliminary step and the nal step may not be accomplished in the same day, this however, is of no consequence because if actual registration is accomplished its effect retroacts to the date of entry in the day book. Thus, it has been held that when a sale is registered in the name of the purchase registration takes effect on the date when the deed was noted in the entry book and not when nal registration was accomplished.! 3. To be noted in this book is the date, hour and minute of reception of all instrument in the order they were received.! 4. Payment of the entry and registration fee - Upon entry of the document, the corresponding entry and registration fees should be paid. In default of payment, the entry in the primary entry book will ipso fact become null and void.! 5. Surrender of the owners duplicate certicate and al co-owners duplicate if any had been issued. ! a) No voluntary instrument shall be registered by the registry of deeds, unless the owners duplicate certicate is presented with such instruments, ! b) Exception in cases expressly provided for in PD 1529 or upon order of the court, for cause shown.! c) If co-owners duplicate certicates has been issued, all outstanding certicates so issued shall be surrendered whenever the register of deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein! 6. Examination of the document, certicate of title and supporting papers by the deeds examiner.! a) Registrability of an instrument is initially determined by the deeds examiner of the registry. If the document is found to comply with all requirements the examiner recommends its registration to the register of deeds. Otherwise, he recommends denial of registration.! b) The deeds examiner, on his own, is generally not allowed to register or deny registration.! 7. Review by the Register of Deeds of the action taken by the deeds examiner.! a) The authority to register or deny registration being lodge with the register of deeds, he is required to review the action taken by the deeds examiner.!
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b) He may either adopt, alter, modify or reverse such action depending upon his own appraisal of registrability of the instrument led for registration.! 8. Registration of the document or denial of registration by the register of deeds.! a) If the register of deeds nds that the document presented complies with all the requisites for registration, it is his duty to immediately register the same. ! b) If the instrument is not registrable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of P.D. 1529! c) Where the documents conveys the simple title, such as in sales, donations, barter and other conveyances, the register of deeds shall make out in the registration book a new certicate of title to the grantee and shall prepared and deliver to him as owner an owners certicate, noting the original and owners duplicate certicate the date of transfer, the volume and page of the registration book in which the new certicate is registered and a reference by number to the last preceding certicate. The original and owners duplicate of the grantors certicate shall be stamped cancelled.! d) In case the instrument does not divest the ownership or title from the owner or from the transferee of the registered owner, now new certicate of title shall be issued. The instrument creating such interests less than ownership shall be registered by a brief memorandum thereof made by the register of deeds upon the certicate of title and signed by him. The cancellation or extinguishment of such interests shall be registered by a brief memorandum thereof made the the register of deeds upon the certicate of the title and signed by him. The cancellation or extinguishment of such interests shall be registered in the same manner. In case the conveyance affects only a portion of the land described in the certicate of title, no new certicate shall also be issued until a plan of the land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been veried and approve. The instrument shall only be registered by annotation on the grantors title and its owners duplicate. Pending approval of the plan, no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be affected, except where such unsegregated portion was purchase from the government or any of its instrumentalities.! e) Should there be subsisting encumbrance or annotation on the grantors title, they shall be carried over and stated in the new certicate of title except so far as they may be simultaneously released or discharged.! E. Involuntary Registration! 1. Attachment and Execution - a juridical institution which has for its purpose to secure the outcome of the trial; the chief purpose is to secure a contingent lien on defendants property until plaintiff can, by appropriate proceedings, obtain a judgment and have a property applied to tis satisfaction or to make some
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Atty. Erwin L. Tiamson! Discussion Guide ! Land Title and Deeds!

provision for unsecured debts in case where the means of satisfaction thereof are liable to be removed beyond the jurisdiction or improperly disposed of or concealed or otherwise placed beyond he reach of creditors.! 2. Kinds ! a) Preliminary Attachment - issued at the institution or the during the progress of an action commanding the sheriff or other proper ofcer to attach property rights, credits or effects of defendant to satisfy the demand of plaintiff; an auxiliary remedy and cannot have an independent existence apart form the main claim! b) Garnishment - attachment for credits belonging to the judgement debtor and owing to him from a stranger to the litigation; does not usually involve actual seizure of the property;! c) Levy on execution - is the attachment issued to enforce the writ of execution of a judgment which has become nal and executory.! 3. Registration of Attachments and Execution! a) Statutory Provisions - Section 69 of PD 1529 and Section 7, Rule 57 of the Rules of Court! b) Documents to be Registered! (1) Writ of Attachment or Execution;! (2) Notice of Attachment or levy on the execution; and ! (3) Description of the Property;! c) Forms and Contents! (1) The Notice of Attachment or levy on execution should contain a reference to the number of the Certicate of Title, the volume and page of the registration book where the certicate is registered and the name of the registered owner; not applicable in case of unregistered lanD.! (2) If the attachment is not claimed on all the land, a description sufciently accurate for the identication of the land or interest must be made! d) Registration Procedure! (1) Entry in the Day Book or Primary Entry Book;! (2) Payment of entry and registration fee;! (3) A memorandum of the attachment shall be made on the Original of the Certicate of Title;!

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(4) Indexing - the Register of deeds shall index attachments in the name of the applicant, the adverse party, and the person by whom the property is held or in whose name it stands in the records.! e) Effects of Registration! (1) Notice of the attachment is a notice that the property is taken in the custody of the law as security for the satisfaction of any judgement;! (2) Title still be subject to subsequent transaction but subject to the attachment lien! VIII. Foreign Ownership! A. In general- only Filipino citizens may own land in the Philippines except if the acquisition of the land was through hereditary succession. This is a constitutional restriction that was placed under the 1935 Constitution. However, property rights of American citizens existing prior to the 1935 Constitution are respected. The provisions was modied in the 1987 Constitution to exempt natural-born citizens who had lost his citizenship subject to certain conditions. The 1973 Constitution did not explicitly allows former natural born citizens to own land, nonetheless, Batas Pambansa Bilang 185 allows concession to former Filipinos under the general power of the Prime Minister under Section 15 of Article XIII. The present Constitution only allows two exception to the prohibition against foreign ownership: (1) hereditary succession; and (2) former natural born-citizens. However, property rights of alien prior to the 1936 Constitution and the special privileges given to American citizens granted by the 1936 Constitution are respected.! B. Two (2) laws were enacted to implement the rules regarding exceptions of former natural born citizens to own land.! 1. Batas Pambansa Bilang 185 on residential lands; and! 2. Republic Act No. 8179 on commercial and industrial lands, amending certain provisions of the Foreign Investment Act of 1991.!

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