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ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law
SUMMER REVIEWER

LAND TITLES
NATURE OF TORRENS SYSTEM
LAND TITLE is the evidence of the owner’s right or • Judicial in character and not merely
extent of interest, by which he can maintain control administrative
and as a rule assert right to exclusive possession and • Proceeding is in rem (binding upon the whole
enjoyment of property. world)

CONCEPT OF TORRENS SYSTEM


DEED is the instrument in writing by which any real
estate or interest therein is created, alienated, • Does not create or vest title
mortgaged, or assigned, or by which title to any real • Only confirms (does not confer) ownership
estate may be affected in law or equity.
TORRENS TITLE is a certificate of ownership issued
under the Torrens System, through the Register of
LAND REGISTRATION is a judicial or administrative
Deeds, naming and declaring the owner of the real
proceeding whereby a person’s claim over a
property described therein, free from all liens and
particular land is determined and confirmed or
encumbrances except such as may be expressly
recognized so that such land and the ownership
noted there or otherwise reserved by law.
thereof may be recorded in a public registry.
• GENERAL RULE: A title once registered
TORRENS SYSTEM is a system for registration of
cannot be impugned, altered, changed,
land under which, upon the landowner’s application,
modified, enlarged, or diminished
the court may, after appropriate proceedings, direct
• EXCEPTION: Direct proceeding permitted by
the issuance of a certificate of title.
law, usually for the protection of innocent third
persons
Legarda v. Saleeby, 31 Phil 590 (1915)
PURPOSES: QUIP-CC PROBATIVE VALUE OF THE TORRENS TITLE
1. To quiet title to the land and to stop forever any • Torrens Title may be received in evidence in all
question as to the legality of said title courts in the Philippines, and shall be
2. To relieve the land of unknown claims conclusive as to all matters contained therein,
3. To guarantee the integrity of land titles and to principally as to the identity of the land owner
protect their indefeasibility once the claim of except so far as provided in the Land
ownership is established and recognized Registration Act.
4. To give every registered owner complete
peace of mind TYPES OF TORRENS CERTIFICATES OF TITLE
5. To issue a certificate of title to the owner which 1. Original Certificate of Title: the first title
shall be the best evidence of his ownership of issued in the name of the registered owner by
the land the Register of Deeds (ROD) covering a parcel
6. To avoid conflicts of title in and to real estate of land which had been registered by virtue of a
and to facilitate transactions. judicial or administrative proceeding.
2. Transfer Certificate of Title: the title issued
Capitol Subdivision, Inc. v. Province of Negros by the ROD in favor of the transferee to whom
Occidental, 7 SCRA 60 (1963) the ownership of the already registered land
The registration of property is to: (1) avoid possible had been transferred by virtue of a sale or
conflicts of title in and to and
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property, and (2) other modes of conveyance.
facilitate transactions
are neededrelative thereto by giving the
to see this picture.

public the right to rely upon the face of the Torrens MODES OF ACQUIRING TITLE:
certificate of title and to dispense with the need of 1. Public Grant • A conveyance of public
inquiring further, EXCEPT when the party concerned land by government to a
has actual knowledge of facts and circumstances that private individual
should impel a reasonably cautious man to make 2. Acquisitive • Must be OCEN: in open,
such further inquiry. Prescription continuous, exclusive, and
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig—
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

notorious possession 6. Involuntary • No consent from the owner


• If in good faith & with just Alienation of land
title: 10 yrs. uninterrupted • Forcible acquisition by the
possession is required State
• If in bad faith & without just 7. Descent or • Hereditary succession to
title: 30 yrs. continuous Devise the estate of deceased
possession is required owner
• Only available if the land 8. Emancipation • To ameliorate the sad
possessed is public land Patent/Grant plight of tenant-farmers
that is alienable and (Certificate of Land • Such grant is not
disposable Ownership Award) transferable except by
• A property registered under hereditary succession
the provisions of PD 1529
is not subject to LAWS IMPLEMENTING LAND REGISTRATION
prescription 1. Property Registration Decree (P.D. 1529, as
• Prescription is unavailing amended)
not only against the 2. Cadastral Act (Act 2259, as amended)
registered owner, but also 3. Public Land Act (Commonwealth Act 141, as
against his hereditary amended)
successors 4. Emancipation Decree (P.D. 27, as amended)
3. Accretion Requisites: 5. Comprehensive Agrarian Reform Law of 1988
1. The deposit of soil or (R.A. 6657, as amended)
sediment be gradual and
imperceptible, ADMINISTRATION OF THE TORRENS SYSTEM
2. It is the result of the curret 1. LAND REGISTRATION AUTHORITY (LRA)
of the waters (river/sea), • Agency charged with the efficient execution
and of the laws relative to the registration of
3. The land where accretion lands, under the executive supervision of
takes place is adjacent to the DOJ
the banks of rivers or the • Consists of an Administrator assisted by 2
sea coast Deputy Administrators
• Accretion to registered
lands need new registration FUNCTIONS OF THE LRA: SAC
• No human intervention 1. Extend speedy and effective assistance to
• The current causing the the Dept. of Agrarian Reform, the Land
alluvial deposit must be Bank, and other agencies in the
from a river. If it is from the implementation of the land reform program
sea, the deposit will pertain of the government
to the state. (Government 2. Extend assistance to courts in ordinary and
of the Phils. v. Cabangis cadastral land registration proceedings
53 phil 112 [1929]) 3. Be the central repository of records relative
4. Reclamation • Filling of submerged land to original registration of lands titled under
by deliberate act and the Torrens system, including the
reclaiming title thereto subdivision and consolidation plans of titled
• Must be initially owned by lands
government
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May be subsequently
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are needed to see this picture.
transferred to private • Constitutes a public repository of records of
owners instruments affecting registered or
5. Voluntary • Private grant unregistered lands and chattel mortgages
Transfer • Voluntary execution of in the province or city wherein such office
deed of conveyance is situated
• Contractual relationship • Headed by the Register of Deeds, assisted
between the parties by a Deputy
• Consensual

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FUNCTIONS OF THE ROD: IPDI verified and acknowledges before a notary public or
1. Immediately register an instrument other public officer authorized by law to take
presented for registration dealing with real acknowledgement.
or personal property which complies with
the requisites for registration NOTE: When the ROD is in doubt as to the proper
2. Shall see to it that said instrument bears action to take on an instrument or deed presented to
the proper documentary and science him for registration, he should submit the question to
stamps and that the same are properly the Administrator of the LRA en consulta (Section
cancelled 117, PD 1529).
3. If the instrument is not registerable, he
shall deny the registration thereof and NON-REGISTRABLE PROPERTIES
inform the presentor of such denial in Article 420 1. Those intended for public use,
writing, stating the ground or reason NCC such as roads, rivers, torrents,
therefore, and advising him of his right to ports and bridges constructed
appeal by consulta in accordance with Sec. by the State, banks, shores,
117 of PD 1529 roadsteads, and others of
4. Prepare and keep an index system which similar character
contains the names of all registered 2. Those which belong to the
owners and lands registered State, without being for public
use, and are intended for some
Baranda v, Gustilo, 165 SCRA 757 (1988) public service or for the
The function of the ROD with reference to registration development of the national
of deeds, encumbrances, instruments, and the like is wealth.
ministerial in nature. Arts. 5 & 6, 1. Rivers and their natural beds;
Water Code 2. Continuous or intermittent
Ledesma v. Villaseñor, 13 SCRA 494 (1965) (PD 1067 ) waters of springs and brooks
It is enough that in the ROD’s opinion an instrument running in their natural beds
is registrable for him to register it. The act being an and the beds themselves;
administrative act does not contemplate notice to and 3. Natural lakes and lagoons;
hearing of interested parties. 4. All other categories of surface
waters such as water flowing
over lands, water form rainfall
Almirol v. ROD of Agusan, G.R. No. L-22486, Mar.
whether natural or artificial, and
20, 1968
water from agriculture runoff,
The determination of whether a document is valid or
seepage and drainage;
not is a function that belongs to a court of competent
5. Atmospheric water;
jurisdiction, and not to the ROD.
6. Subterranean or ground water;
7. Seawater;
Balbin v. ROD, 28 SCRA 12 (1969)
Instances when the ROD may validly deny Found in private lands:
registration of a voluntary instrument: 8. Continuous or intermittent
1. Where there are more than 1 copy of the owner’s waters rising on such lands;
duplicate certificate of title and not all such copies 9. Lakes and lagoons naturally
are presented to the ROD waters rising on such lands;
2. Where the voluntary instrument bears on its face 10. Rain water and falling on such
an infirmity lands;
3. Where the validity of the instrument
QuickTime™ and a sought to be 11. Subterranean or ground
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registered is in issue in ato see
are needed pending
this picture. court suit waters; and
a. Notice of pending suit must be given to 12. Waters in swamps and
parties marshes
b. Registration may be suspended Regalian Forest or timberland, public forest,
Doctrine under forest reserves lands, mineral
Gallardo v. IAC, 155 SCRA 248 (1987) the 1935, 1973, lands
The ROD may also refuse to register a private and 1987
document since Section 112 of PD 152 provides that Constitution
deeds of conveyances affecting lands should be

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Bureau of Forestry v. CA, 153 SCRA 351 (1987)


As provided for under Sec. 6 of CA 141, which was In 1993, then Pres Ramos ordered the OSG to
lifted from Act 2874, the classification or institute an action towards the cancellation of TCT
reclassification of public lands into alienable or 15084 in SHAI’s name as well as the title acquired by
disposable, mineral, or forest lands is now a the Navy Officer’s Village Association (NOVA) over a
prerogative of the Executive Department of the bigger parcel of land within the reservation.
government and not the courts. With these rules,
there should be no more room for doubt that it is not ISSUE:
the court which determines the classification of lands Whether the land sold was alienable.
of the public domain into agricultural, forest or
mineral but the Executive Branch of the government, HELD:
through the Office of the President. NO. As regards the issue of inalienability, the Court
upheld the contention of the Republic that the
Republic v. Vera, 120 SCRA 210 (1983) JUSMAG area is inalienable, the same having not
A parcel of forest land is within the exclusive effectively been separated from the military
jurisdiction of the Bureau of Forestry and beyond the reservation and declared as alienable and
power and jurisdiction of the cadastral court to disposable. Until a given parcel of land is released
register under the Torrens system. from its classification as part of the military
reservation zone and reclassified by law or by
presidential proclamation as disposable and
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA alienable, its status as part of a military reservation
361 (2002) remains, even if incidentally it is devoted for a
The State has an imprescriptible right to cause the purpose other than as a military camp or for defense.
reversion of a piece of property belonging to the SHAI had not pointed to any proclamation or
public domain if title has been acquired through legislative act for that matter segregating the property
fraudulent means. from the reservation and classifying the same as
alienable lands of public domain. Furthermore, the
Republic v. Southside Homeowners Association Constitution also forbids private corporations from
Inc. (SHAI) G.R. No. 156951 & 173408, Sep. 22, acquiring any kind of alienable public land except
2006 through lease for a limited period. The whole
conveyance process was also suspicious since the
FACTS: whole process was accomplished only in one day.
Proclamation No 423 which established a military
reservation known as Fort William McKinley – later TYPES OF REGISTRATION:
renamed Fort Bonifacio Military Reservation, was 1. Original Registration
issued by former President Carlos Garcia. Areas 2. Subsequent Registration
specified in the Proclamation were withdrawn from
sales and settlements and were reserved for military ORIGINAL REGISTRATION UNDER PD 1529 is a
purposes. Several presidential proclamations would proceeding brought before the RTC (as a land
later be issued excluding certain defined areas from registration court) to determine title or ownership of
the operation of Proclamation 423. land on the basis of an application for registration or
answer by a claimant in a cadastral registration.
What is mainly sought to be declared as a nullity in
this petition is the title over the parcels of land that
KINDS OF JUDICIAL REGISTRATION:
are referred to as JUSMAG housing are in Fort
1. Judicial/Voluntary/Ordinary – by filing with
Bonifacio being occupied by active and retired
the proper court; application by the private
military officers and their families.
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corporation organized mostly
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2. Administrative/Involuntary/Cadastral –
officers, was able to secure title in its name over the
compulsory registration initiated by the
bulk, if not the entire, JUSMAG area. The TCT was
government
issued by the Rizal Registry on the basis of a
notarized deed of sale purportedly executed by then
PROCEDURE IN ORDINARY LAND
Land Management Bureau Director Abelardo Palad
REGISTRATION: SFD-TP-SAHJ-DECT
Jr. The investigation conducted by the DOJ, however,
1. Survey of land by the Bureau of Lands or a
reported land scams at the FBMR and also finding
duly licensed private surveyor
that the signature of Palad was forged.
a. Survey plan must be duly approved by the

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Director of Lands. i. Persons named in the notice


2. Filing of application for registration by the ii. Sec. of Public Highways, Provincial
applicant Governor, and Mayor, if the applicant
a. With all muniments of titles and copies requests to have the line of a public
thereof with survey plan approved by way or road determined
Bureau of Lands iii. Sec. of Agrarian Reform, Solicitor
MUNIMENTS OF TITLE are instruments or General, Director of Lands, Director of
written evidence which applicant holds or Fisheries, and Director of Mines, if the
possesses to enable him to substantiate and land borders on a river, navigable
prove title to his estate stream, or shore, or on an arm of the
b. Always filed at the RTC of the place where sea where a river or harbor lies
land is situated iv. Other persons as the court may deem
c. Indorsed to the MTC if there is no proper
controversy over the land or if its value is c. Posting
less than 100,000 • Posting in conspicuous place on
d. In cases of delegated jurisdiction to the subject land and on bulletin board of
MTC, appeal is directed to the CA municipal building at least 14 days
e. If land is situated between boundaries of 2 before initial hearing
provinces, application must be filed: 6. Service of notice by the sheriff upon contiguous
• When boundaries are not defined: in owners, occupants and those known to have
the RTC of the place where it is interests in the property
declared for taxation purposes; 7. Filing of answer to the application by any
• When boundaries are defined: person whether named in the notice or not
separate plan for each portion must be 8. Hearing by the court
made by a surveyor and a separate 9. Promulgation of judgment by the Court
application for each lot must be filed 10. Issuance of the decree declaring the decision
with the appropriate RTC final and instructing the LRA to issue a decree
3. Setting of the date of initial hearing of of confirmation and registration
application by the RTC • DECREE– issued by LRA after finality of
a. Within 5 days, set hearing 45-90 days from judgment; contains technical description of
date of order land.
4. Transmittal of the application and the date of i. Decrees dismissing application
the initial hearing, with all the documents or ii. Decrees of confirmation and
other evidences attached thereto, by the Clerk registration
of Court to the LRA • Subject only to appeal
5. Publication of notice of the filing of the 11. Entry of the decree of registration in the LRA
application and the date and place of the • 1 year after the date of entry, it becomes
hearing in the Official Gazette incontrovertible and amendments will not be
• The three notices required are allowed except clerical errors. It is deemed
mandatory. conclusive as to the whole world.
a. Publication of notice of initial hearing • Puts an end to litigation
i. Once in the Official Gazette (this • Purpose of Torrens system is protected
confers jurisdiction upon the court) 12. Sending a copy of the decree of registration to
ii. Once in a newspaper of general the corresponding ROD
circulation 13. Transcription of the decree of registration in the
• Purpose of publication: registration book and issuance of the owner’s
- To TIFF
confer jurisdiction
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(Uncompressed) decompressor
over the land duplicate original certificate of title to the
appliedarefor upon
needed to seethe court
this picture.
applicant by the ROD upon payment of the
- To charge the whole world with prescribed fees
knowledge of the application of the
land involved, and invite them to take NOTE: Noncompliance with the requisites will make
part in the case and assert and prove the Certificate of Title (CT) issued invalid and
their rights over the subject land cancellable by the courts.
b. Mailing
• Within 7 days after publication of said WHO MAY APPLY IN ORDINARY REGISTRATION
notice in the OG, mailing of notice to: PROCEEDINGS UNDER PD 1529: OPAL

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1. Those who by themselves or through their land had been previously denied in a
predecessors-in-interest have been in open, reivindicatory action and the right of ownership
continuous, exclusive, notorious possession of thereto of another is upheld by the courts
alienable and disposable lands of the public
domain under a bona fide claim of ownership FORM OF THE APPLICATION
since June 12, 1945 or earlier (Sec. 15, PD 1529)
2. Those who acquired ownership of private land • In writing
by prescription under the provisions of existing • Signed by the applicant or person duly
laws authorized in his behalf
3. Those who acquired ownership of private lands • Sworn to before an officer authorized to
or abandoned river beds by right of accession administer oath for the province or city where
or accretion under the existing laws the application was actually signed
4. Those who have acquired ownership of land in • If there is more than 1 applicant, they shall be
any manner provided for by law signed and sworn to by and in behalf of each.

NOTE: All these persons must be natural-born CONTENTS OF APPLICATION


Filipino citizens. However, by way of exception (Sec. 15, PD 1529): D-CAEM-ARF
juridical persons may apply for registration of leased 1. Description of the land applied for together
agricultural and disposable lands not exceeding with the buildings and improvements; the
1,000 hectares in area for a period of 25 years and plan approved by Director of Lands and the
renewable for not more than 25 years (Sec. 3, technical descriptions must be attached
Article XII, 1987 Constitution), and except when the 2. Citizenship and civil status of the applicant
land has been previously acquired by prescription by • if married, name of spouse, and
a natural person and subsequently transferred to a • if the marriage has been legally
juridical entity (in this case, a corporation may apply dissolved, when and how the marriage
for judicial confirmation of title). relation was terminated
3. Assessed value of the land and the buildings
LIMITATION TO OWNERSHIP OF LAND BY and other improvements based on the last
CORPORATION: assessment for taxation purposes
1. Private Lands 4. Mortgage or encumbrance affecting the land
a. At least 60% Filipino (Sec. 7, Article XII, or names of other persons who may have an
1987 Constitution) interest therein, legal or equitable
b. Restricted as to extent reasonably 5. Manner of acquisition of land
necessary to enable it to carry out purpose 6. Full names and addresses of all occupants of
for which it was created the land and those of the adjoining owners, if
c. If engaged in agriculture, it is restricted to known, and if not known, the applicant shall
1,024 hectares. state the extent of the search made to find
2. Patrimonial Property of the State (Sec. 3, them
Article XII, 1987 Constitution) 7. If the application describes the land as
a. Lease (CANNOT own land of the public bounded by a public or private way or road, it
domain) for 25 years renewable shall state whether or not the applicant
b. Limited to 1,000 hectares claims any portion of the land within the limits
c. Apply to both Filipinos & foreign of the way or road, and whether the applicant
corporations desires to have the line of way or road
determined (Sec. 20, PD 1529)
PERSONS WHO CANNOT PROPERLY FILE AN 8. The court may require facts to be stated in
APPLICATION FOR REGISTRATIONQuickTime™ and a OF LAND: the application in addition to those prescribed
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by the Decree not inconsistent therewith and
1. Public land sales applicant admits he is not the may require the filing of additional papers
owner in his application 9. If the applicant is a non-resident of the
2. Mortgagee or his successor-in-interest to the Philippines, he shall file an instrument
mortgage when mortgage is assigned (pactum appointing an agent residing in the Phils. and
commissorium) shall agree that service of any legal process
3. Antichretic creditor since he holds not in the shall be of the same legal effect as if made
concept of an owner upon the applicant within the Philippines
4. Person or entity whose claim of ownership to (Sec. 16, PD 1529)

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for registration when it appears to the court that the


WHERE TO FILE APPLICATION amendment is necessary and proper.
• GENERAL RULE: RTC of the province or city Under Section 24 of the same act, the court may at
where the land is situated. anytime order an application to be amended by
− File together with application all original striking out one or more parcels or by severance of
muniments of titles or copies thereof and a the application. The amendment may be made in
survey plan of the land approved by the application or in the survey plan, or in both since the
Bureau of Lands application and survey plan go together.

Averia v. Caguioa, 146 SCRA 459 (1986) If the amendment consists in the inclusion in the
PD 1529 has eliminated the distinction between the application for registration an area or parcel of land
general jurisdiction vested in the RTC and the not previously included in the application for
limited jurisdiction conferred upon it by the former registration of an area or parcel of land not previously
law when acting merely as land registration court. included in the original application, as published, a
Aimed at avoiding multiplicity of suits, the change new publication of the amended application must be
has simplified registration proceedings by made. The purpose of the new publication is to give
conferring upon the RTCs the authority to act not notice to all persons concerned regarding the
only on original applications but also those filed amended application. Without a new publication, the
after original registration, with power to hear and registration court cannot acquire jurisdiction over the
determine all questions arising upon such area or parcel of land that is added to the area
applications or petitions. covered by the original application, and the decision
of the registration court would be a nullity insofar as
• If there are several parcels of land situated in the decision concerns the newly included land. The
different provinces/cities but belong to one reason is because without a new publication, the law
owner, he must file in RTC of each is infringed with respect to the publicity that is
province/city where different parcels of land are required in registration proceedings, and third parties
located for registration purposes who have not had the opportunity to present their
• EXCEPTION: Delegated jurisdiction of the claim might be prejudiced in their rights because of
failure of notice.
MTC to hear and determine cadastral or land
registration cases covering lots where
− there is no controversy or opposition, or But if the amendment consists in the exclusion of a
portion of the area covered by the original application
− contested lots, the value of which does not
and the original plan as previously published, a new
exceed 100,000
publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of
AMENDMENTS IN ORDINARY REGISTRATION
a new application.
PROCEEDINGS
1. Striking out one or more The court may strike
of the parcels of land out at any time DOCTRINE OF NON-COLLATERAL ATTACK OF
applied for or by a DECREE OR TITLE
severance of the • A decree of registration and registered title
application cannot be impugned, enlarged, altered,
2. Substantial change in New technical modified, or diminished either in collateral or
boundaries, increase in description and new direct proceeding after the lapse of the 1-year
area, inclusion of publication and notice period prescribed by the law.
additional land are necessary
3. Joinder, substitution, or File motion with court If transaction is BEFORE If transaction is AFTER
discontinuance of any of
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Issuance of Decree Issuance of Decree
the parties
are needed to see this picture.
• Record instrument in • Register directly with
4. Decrease in area File motion with court; ROD in same ROD for purpose of
no need for new manner as if no canceling such title
publication or notice application was and issuing a TCT
made
Benin v. Tuason, 57 SCRA 531 (1974) • Present instrument
Under Section 23 of Act 496, the registration court to RTC, with a
may allow, or order an amendment of the application motion praying that
the same be

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considered in 1976 did so on time, even if such application was


relation to the filed during the intervening period from January
pending application 1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
REQUISITES OF OPPOSITION: the period for filing such applications time and again,
1. Set forth objections to the application to give full opportunity to those who are qualified
2. State interest claimed by oppositor under the law to own disposable lands of the public
3. Apply for the remedy desired domain and thus reduce the number of landless
4. Signed and sworn to by him or by some other among the citizenry.
duly authorized person

GENERAL DEFAULT SPECIAL DEFAULT LIMITATION TO AREA APPLIED FOR:


When no person When a party appears at • Maximum of 12 hectares (Sec. 3, RA 6940)
appears and answers initial hearing without
within time prescribed having filed an answer and WHO MAY BE APPLICANTS: FFPL
asks court for time to file 1. Filipino citizens who by themselves or through
answer but failed to do so their predecessors-in-interest have been in
within period allowed open, continuous, exclusive and notorious
possession and occupation of alienable and
JUDICIAL CONFIRMATION OF IMPERFECT OR disposable lands of the public domain under a
INCOMPLETE TITLE UNDER THE PUBLIC LAND bona fide claim of acquisition since June 12,
ACT 1945, or prior thereto, or ever since time
• In rem, judicial proceedings immemorial (Oh Cho v. Dir. Of Lands, 75 Phil
• The decree of registration issued is conclusive 890 [1946])
and final 2. Filipino citizens who by themselves or through
• Governed by court procedure and law of their predecessors-in-interest have been, prior
evidence to the effectivity of PD 1073 (January 25,
1977), in open, continuous, exclusive and
WHEN TO FILE notorious possession and occupation of
• Extended up to December 31, 2020, as agricultural lands of the public domain under a
provided in Sec. 2 of RA 9176 bona fide claim of acquisition of ownership, for
at least 30 years, or at least since January 24,
Director of Lands v. Abairo, 90 SCRA 422 (1979) 1947 (RA 1942, Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
FACTS: 3. Private corporations or associations which had
Petitioner contended that CFI of Isabela should have acquired lands, formerly part of the alienable
dismissed the application for registration based on an and disposable lands of the public domain,
imperfect or incomplete title because it has no from Filipino citizens who had possessed the
jurisdiction over it inasmuch as it was filed on March same in the manner and for the length of time
1, 1971, that is, after December 31, 1968, the expiry indicated in 1 and 2 above (Dir. Of Lands v.
date for filing such kind of application under RA 2061. IAC and ACME, 146 SCRA 509 [1986]).
The latest extension of the period to December 31, 4. Natural born citizens of the Philippines who
2020 within which to file said applications, as may have lost their Philippine citizenship, who
provided in Sec. 2, RA 9176, shall apply where the have acquired disposable and alienable lands
area applied for does not exceed 12 hectares. of the public domain from Filipino citizens who
had possessed the same in the manner and for
ISSUE:
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the length of time indicated in 1 and 2 above
are needed to see this picture.
Whether or not the application is valid despite being (Republic v. CA, 235 SCRA 567 [1994]).
filed after the period expired and before the extension
was granted. NOTE: A private corporation may institute
confirmation proceedings under Sec. 48(b) of CA 141
HELD: if at the time of the institution of the registration
YES. It is clear from the law itself that those who proceedings, the land was already private land
applied for judicial confirmation of their title at (Director of Lands v. IAC and ACME, 146 SCRA
any time prior to the cut-off date of December 31, 509 [1986]).

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• As long as the land is already considered as FACTS:


having become “private” through prescription, Rodriguez is claiming to be the sole heir and
a corporation may institute confirmation administrator of the estate of Hermogenes Rodriguez
proceedings. Having a PRIVATE character who, in his lifetime, was the owner of parcels of land
(no longer public), the land would no longer registered in his name under a Spanish title.
be barred by the Constitution to be owned by Rodriguez leased the parcels of land to Santiago and
a corporation. Land has already become Mateo for a period of 50 years. By virtue of the
PRIVATE, ipso jure, when previously lease, Santiago is presently occupying the land.
acquired by prescription by a natural person. SBMA, on the other hand, is claiming possessory, if
not proprietary, rights over the parcels of land, by
Natividad v. CA, 202 SCRA 439 (1991) using them for its own commercial and other
Determinative of this issue is the character of the purposes.
parcels of land – whether they were still public or
already private – when the registration proceedings ISSUE:
were commenced. If they are already private lands, Whether or not Spanish Titles are still admissible as
the constitutional prohibition against acquisitions by a evidence of ownership of lands
private corporation would not apply.
HELD:
WHAT APPLICANT MUST PROVE: No.
• The land is alienable and disposable land of Although PD 892 reads: “Whereas, Spanish titles to
the public domain, and lands which have not yet been brought under the
• His possession was for the length of time and operation of the Torrens system, being subject to
prescription, are now ineffective to prove ownership
in the manner and concept required by law
unless accompanied by proof of actual
NOTE: Form, Contents, Notice, Mailing, Posting possession…,” petitioners cannot claim that they can
still present the Spanish title as proof of ownership
Requirements are the same as those required in
since they were in actual possession.
original registration under PD 1529.
Actual proof of possession only becomes necessary
Director of Lands v. CA, 106 SCRA 426 (1981) because Spanish titles are subject to prescription.
A judicial declaration that a parcel of land is public, The holder of a Spanish title may still lose his
does not preclude even the same applicant from ownership of the real property to the occupant who
subsequently seeking a judicial confirmation of his actually possesses the same for the required
title to the same land, provided he thereafter prescriptive period. Because of this inherent
complies with the provisions of Sec. 48 of CA 141, as weakness, the applicant for registration of his
amended and as long as said public land remains Spanish title under the Torrens system must also
alienable and disposable. submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
PROOF OF PRIVATE OWNERSHIP: STOP law as a whole, it has clearly set a deadline for
1. Spanish title (inadmissible and ineffective proof the filing of applications for registration of ALL
of ownership in land registration proceedings Spanish titles under the Torrens system (i.e., 6
filed after Aug. 16, 1976) months from its effectivity or on 14 August 1976),
2. Tax declarations and tax payments (not after which, the Spanish titles may no longer be
conclusive evidence of ownership, must be presented to prove ownership. Therefore, the
coupled with proof of actual possession for the fact that petitioners were in actual possession of
period required by law) the property when they filed the complaint with
3. Other kinds of proofQuickTime™
(ex. testimonial
and a
evidence the RTC on April 29, 1996 does not exclude them
to prove accretion, deeds
TIFF (Uncompressed) of sale)
decompressor
are needed to see this picture. from the application of PD 892, and their Spanish
4. Presidential issuances and legislative acts title remain inadmissible as evidence of their
(constitutive of a fee simple title or absolute title ownership of the property, whether in a land
in favor of the grantee, a law ceding full registration proceeding or in an action to remove
ownership to a government institution) a cloud on or to quiet title. However, this does
not bar holders of Spanish titles from claiming
Santiago v. SBMA, GR No. 156888, November 20, ownership of real property on some other basis,
2006 such as those provided in PD 1529 or in the
Public Land Act. For sure, Spanish titles can no

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longer be countenanced as indubitable evidence such disability, and if a minor, his age
of land ownership. 4. Description of the land and shall set forth the
estate of the owner, and also show their
JUDGMENT is a decision of court constituting its relative easements, liens, attachments, and
opinion after taking into consideration the evidence other encumbrances
submitted. 5. Other matters to be determined in pursuance of
the law
• It becomes final upon the lapse of 15 days
counted from the receipt of notice of the
PROCESS OF ISSUING THE OCT:
judgment.
1. Within 15 days from finality of order of
• However, notwithstanding the lapse of the 15-
judgment directing registration of title – court
day period from receipt of judgment by the
orders the LRA to issue decree of registration
parties, the court continues to retain control
and certificate of title
over the case until the expiration of 1 year after
2. Clerk of court will send order of court and
the entry of decree of registration by the LRA
copies of judgment
(Republic v. Assosacion Benevola de Cebu,
3. Writ of Demolition may be issued. The court
178 SCRA 692 [1989]).
has authority to order, as a consequence of the
writ of possession issued by it, the demolition
POST-JUDGMENT INCIDENTS
of improvements introduced by the defeated
1. Writ of Possession: order to sheriff to deliver
oppositor or his successor-in-interest
the land to the successful party litigant; no
4. Administrator will issue a decree of registration
prescription against: (1) the loser and (2)
and original and duplicate of OCT that is
anyone unlawfully and adversely occupying
signed by the Administrator, entered and file
• When writ may not issue: When a party decree of registration in LRA
entered into property after issuance of final 5. Send to ROD the original and duplicate of title
decree, is not an oppositor in registration and certificate for entry in his registration book
proceeding, and is in possession of land for 6. Enter in record book, dated, signed, numbered
at least 10 years and sealed to take effect upon date of entry
2. Writ of Demolition: the complement of writ of 7. ROD to send notice to registered owner ready
possession; to demolish improvements for delivery after payment of fees
introduced by oppositor or his successor in 8. ROD shall send duplicate and note on each
interest certificate of title to whom it is issued
9. Original copy to be filed in ROD
MEANS TO RECOVER POSSESSION: 10. Bound in consecutive order
1. Forcible entry
2. Unlawful detainer ATTRIBUTES AND LIMITATIONS ON
3. Accion publiciana CERTIFICATES OF TITLE AND REGISTERED
4. Accion reivindicatoria LANDS:
1. Free from liens and encumbrances
DECREE OF REGISTRATION : a. Claims and liens of whatever character
• The decree issued by the LRA pursuant to the existing against the land prior to the
order of the court. issuance of the certificate of title are cut off
• Binds the land, quiets title thereto, subject only by such certificate and the certificate so
to such exceptions or liens as may be provided issued binds the whole world, including the
by law government.
• Conclusive upon all persons including the b. EXCEPTIONS: CNT-PD
government QuickTime™ and a i. Those noted on the certificate
TIFF (Uncompressed) decompressor
are needed to see this picture. ii. Liens, claims, or rights arising or
CONTENTS OF THE DECREE: DMD-DO existing under the laws and the
1. Date, hour and minute of its entry Constitution, which are not by law
2. Whether the owner is married or unmarried, required to appear on record in the
and if married, the name of the spouse; Register of Deeds in order to be valid
provided that if the land is conjugal property, iii. Unpaid real estate taxes levied and
the decree shall be issued in the name of both assessed within 2 years immediately
spouses preceding the acquisition of any right
3. If the owner is under disability, the nature of over the land by an innocent purchaser

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for value FACTS:


iv. Any public highway, or private way Remigia Feliciano filed a complaint against the
established or recognized by law, or spouses Zaldivar for the declaration of nullity of
any government irrigation, canal or TCT No. T-17993 and reconveyance of the
lateral thereof, if the certificate of title property covered therein. The said title is registered
does not state the boundaries of such in the name of Aurelio Zaldivar.
highway or irrigation canal or lateral
thereof have been determined Remigia alleged that she was the registered owner
v. Any disposition of the property or of a lot, part of which is that covered by both the
limitation on the issue thereof pursuant above TCT and TCT No. 8502. It was originally
to PD 27 or any other law or leased to Pio Dalman, Aurelio’s father-in-law. She
regulations on agrarian reform attempted to mortgage the lot to Ignacio Gil, but the
2. Incontrovertible and indefeasible mortgage did not push through. She vehemently
a. GENERAL RULE: Upon expiration of 1 denies ever executing a joint affidavit confirming
year from and after the entry of the decree the sale to Gil and insists that TCT No. 8502 was
of registration in the LRA, the decree and never lost.
the corresponding certificate of title
becomes incontrovertible and indefeasible. The Zaldivars, on the other hand, claimed that
b. EXCEPTIONS: PNF Aurelio bought the property from Dalman who, in
i. If previous valid title of the same land turn, bought the same from Gil in 1951. Gil
exists allegedly purchased the property from Remegia,
ii. When land covered is not capable of the sale of which was evidenced by the joint
registration affidavit of confirmation of sale that Remegia and
iii. When acquisition of certificate is her uncle purportedly executed before a notary
attended by fraud public in 1965. Aurelio then filed a petition for the
issuance of a new owner’s duplicate copy of TCT
Arguelles v. Timbancaya, 72 SCRA 193 No. T-8502 because when they asked Remegia
(1976) about it, she claimed it had been lost. A petition for
The rule on the incontrovertible nature of a partial cancellation of the said TCT was granted
certificate of title applies when what is involved and TCT No. 17993 was issued in Aurelio’s name.
is the validity of the OCT, not when it concerns They also allege that they and their predecessors-
that of the TCT. in-interest have been occupying the said property
since 1947, openly, publicly, adversely, and
3. Registered land not subject to prescription continuously or for 41 years already.
a. Even adverse, notorious and continuous
possession under claim of ownership for ISSUE:
the period fixed by law is ineffective against Who is the real owner of the subject lot?
a Torrens title (JM Tuason and Co. Inc. v.
CA, 93 SCRA 146 [1979]). HELD:
b. The fact that the title to the land was lost Remegia is the real owner.
does not mean that the land ceased to be
registered land before the reconstitution of With respect to the claim of acquisitive
its title. It cannot perforce be acquired by prescription, it is baseless when the land
prescription (Ruiz v. CA, 79 SCRA 525 involved is a registered land since no title to
[1977]). registered land in derogation of that of the
c. Laches may be invoked to bar registered owner shall be acquired by adverse
reconveyance of landandto
QuickTime™ a the registered possession. Consequently, proof of possession
TIFF (Uncompressed) decompressor
owner only are if needed
thereto see
arethis intervening
picture. rights of by the Zaldivars is both immaterial and
third persons which may be affected or inconsequential.
prejudiced if such land is returned to the
registered owner (De Lucas v. Gamponia, Neither can the spouses rely on the principle of
100 Phil 277 [1956]). indefeasibility of TCT No. 17993 by virtue of the
fact that TCT No. 8502 in the name of Remegia
Feliciano v. Spouses Zaldivar, GR No. 162593, has remained valid. Remegia’s title, thus,
Sep. 26, 2006 prevails over Aurelio’s, especially considering
that the latter was correctly nullified by the RTC

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as it emanated from the new owner’s duplicate NO. While, it is a familiar doctrine that a forged or
TCT No. 8502, which, in turn, was procured by fraudulent document may become the root of a
Aurelio through fraudulent means. valid title, if the property has already been
transferred from the name of the owner to that of
Laches has not set in against Remegia as she the forger, the same is not true. This doctrine
merely tolerated the occupation by the serves to emphasize that a person who deals with
Zaldivars of the subject lot. Therefore, registered property in good faith will acquire good
Remegia’s right to recover possession was title from a forger and be absolutely protected by a
never barred by laches. Torrens title.

4. Certificate of title not subject to collateral It cannot be overemphasized that respondent


attack Bank, being in the business of extending loans
a. Sec. 48 of PD 1529 provides that “a secured by real estate mortgage, is familiar with
certificate of title shall not be subject to rules on land registration. As such, it was, as here,
collateral attack. It cannot be altered, expected to exercise more care and prudence than
modified, or cancelled except in a direct private individuals in their dealing with registered
proceeding in accordance with the law.” lands. Accordingly, given inter alia the suspicion-
5. Torrens Certificate presumed valid and provoking presence of occupants other than the
devoid of flaws owner on the land to be mortgaged, it behooved
a. GENERAL RULE: Torrens Certificate of respondent Bank to conduct a more exhaustive
Title is presumed to have been regularly investigation on the history of the mortgagor’s title.
issued, valid, and without defects. The That respondent Bank accepted in mortgage the
buyer has the right to rely upon the face of property in question notwithstanding the existence
the Torrens title and dispense with the of structures on the property and which were in
trouble of inquiring further. actual, visible and public possession of a person
b. EXCEPTION: When he has actual other than the mortgagor, constitutes gross
knowledge of facts and circumstances that negligence amounting to bad faith.
would impel a reasonably cautious man to
make inquiry. In the absence of such inquiry, the respondent
Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006 Bank cannot and should not be regarded as a
mortgagee/purchaser in good faith.
FACTS:
Lucena de los Reyes (petitioner’s mother) sold 2 6. General incidents of registered land
lots to Fortunato Amorin. Amorin took possession • Registered land or the owners thereof are
of such properties. Later, however, Pacific Bank not relieved from the following:
demanded that the Amorins vacate the properties, a. From any rights incident to the relation
claiming that such property had been foreclosed by of husband and wife, landlord and
such Bank. As it turned out De Los Reyes was tenant
deceived by a certain Benjamin Valenzuela, to b. From liability to attachment or levy on
whom she entrusted the documents evidencing her execution
rights over the lots, the latter fraudulently c. From liability to any lien of any
transferred the rights over the lots to his name. description established by law on the
Valenzuela mortgaged such properties to Pacific land and buildings thereon, or in the
Bank. Respondent Bank foreclosed and bought the interest of the owner in such land or
properties. The Amorins filed an action for buildings
Recovery of Ownership with Damages. CA d. From any right or liability that may arise
declared respondent Bank an and
QuickTime™ innocent
a
TIFF (Uncompressed) decompressor
purchaser due to change of the law on descent
for value entitled toarethe protection
needed of the law with a
to see this picture. e. From the rights of partition between co-
better right over the lots than the Amorins. owners
f. From the right of the government to
ISSUE: take the land by eminent domain
Whether or not the Bank is an innocent purchaser g. From liability to be recovered by an
for value whose title must be upheld. assignee in insolvency or trustee in
bankruptcy under the laws relative to
HELD: preferences
h. From any other rights or liabilities

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created by law and applicable to been executed even


unregistered land without his knowledge or
7. Where certificate of title is obtained by a against his consent
trustee • Sale • Attachment
a. Trustee who obtains a Torrens title in his • Real property mortgage • Injunction
name, over property held in trust by him • Lease • Mandamus
for another cannot repudiate the trust • Pacto de retro sale • Sale on execution of
relying on the registrations, such being • Extra-judicial settlement judgment or sales for
one of the limitations upon the finality of • Free patent/homestead taxes
title • Powers of attorney • Adverse claims
b. Trustee could not perforce legally convey • Trusts • Notice of lis pendens
ownership of the registered property in An innocent purchaser for Entry thereof in the day
her will for she is not the absolute owner value of registered land book of the ROD is
thereof becomes the registered sufficient notice to all
owner the moment he persons even if the
SUBSEQUENT REGISTRATION presents and files a duly owner’s duplicate
• Where incidental matters after original notarized and valid deed certificate of title is not
registration may be brought before the land of sale and the same is presented to the ROD
registration court by way of motion or petition entered in the day book
filed by the registered owner or a party in and at the same time he
interest. surrenders or presents
• Rules as to the necessity and effects of the owner’s duplicate
registration in general certificate of title covering
1. Except a will that purports to convey or the land sold and pays
affect a registered land, the mere execution the registration fees
of the deeds of sale, mortgage, or lease or Need to present title to No presentation
other voluntary documents serve only 2 record the deed in registry required; annotation in
purposes: & to make memorandum entry book is sufficient
a. as a contract between the parties on title
thereto, and
b. as evidence of authority to the ROD to VOLUNTARY DEALINGS
register such documents Operative Act: registration by owner, if deed is not
2. It is only the act of registering the registered, it is binding only between parties
instrument in the ROD of the province or • GENERAL RULE: Where there is nothing on
city where the land lies which is the the certificate of title to indicate any cloud or
operative act that conveys ownership or vice in the ownership of the property, or any
affects the land insofar as third persons are encumbrance thereon, the purchaser is not
concerned. required to explore further than what the
3. The act of registration creates a Torrens title upon its face indicates in quest for
constructive notice to the whole world of any hidden defect or inchoate right that may
such voluntary or involuntary instrument or defeat his right thereto (Fule v. Legare, 7
court writ or process. SCRA 351 [1963]).
• Every person dealing with registered land may
VOLUNTARY INVOLUNTARY safely rely on the correctness of the certificate
DEALINGS DEALINGS of title issued therefore and the law will in no
Refer to deeds, Refer to such writ or way oblige him to go behind the certificate to
instruments, or orderandora process issued
QuickTime™
TIFF (Uncompressed) decompressor determine the condition of the property. Even if
documents which areare needed toby ascourt
see thi picture. of record
a decree in a registration proceeding is infected
results of the free and affecting registered land with nullity, still, an innocent purchaser for
voluntary acts of the which by law should be value relying on a Torrens title issued in
parties thereto registered to be pursuance thereof is protected (Cruz v. CA &
effective, and also to Suzara, 281 SCRA 491 [1997]).
such instruments which • Although generally a forged or fraudulent deed
are not the willful acts of is a nullity and conveys no title, however, there
the registered owner are instances where such a fraudulent
and which may have document may become the root of a valid title.

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One such instance is where the certificate of (public instrument)


title was already transferred from the name of 2. Registration with ROD where the land lies
the true owner to the forger, and while it a. Present deed of mortgage together with
remained that way, the land was subsequently b. Owner’s Duplicate and affidavit of good
sold to an innocent purchaser (Fule v. Legare, faith
7 SCRA 351 [1963]). c. Payment of fees
• EXCEPTIONS: BOB-IM-LK d. ROD shall enter upon original certificate of
1. Where the purchaser or mortgagee is a title and upon duplicate a memorandum
bank/financing institution, the general rule (date, time of filing, signature, file number
that a purchaser or mortgagee of the land assigned to deed)
is not required to look further than what e. ROD to note on the deed the date and time
appears on the face of the title does not of filing, and reference to volume and page
apply (Dela Merced v. GSIS, 365 SCRA 1 of the registration book in which it was
[2001]). registered
2. The ruling in Fule v. Legare cannot be 3. No duplicate need be issued
applied where the owner still holds a valid
and existing certificate of title covering the REGISTRATION OF CHATTEL MORTGAGE:
same property because the law protects 1. Execution of document
the lawful holder of a registered title over 2. Present the document together with affidavit of
the transfer of a vendor bereft of any good faith
transmissible right (Tomas v. Tomas, 98 3. Payment of fees
SCRA 280 [1980]). 4. ROD enters in Day Book in strict order of their
3. Purchaser in bad faith (Egeo v. CA, 174 presentation chattel mortgages and other
SCRA 484 [1989]) instruments relating thereto (primary process)
4. Sufficiently strong indications to impel 5. ROD thereafter enters in a more detailed form
closer inquiry into the location, boundaries, the essential contents of the instrument in the
and condition of the lot (Francisco v. CA, Chattel Mortgage Register (complementary
153 SCRA 330 [1987]). process)
5. Where a person buys land not from the
registered owner but from one whose rights EFFECT OF REGISTRATION:
to the land has been merely annotated on 1. Creates a lien that attaches to the property in
the certificate of title (Quiniano v. CA, 39 favor of the mortgagee
SCRA 221 [1971]). 2. Constructive notice of his interest in the
6. Purchases land with a certificate of title property to the whole world
containing a notice of lis pendens
7. Purchaser had full knowledge of flaws and EFFECT OF FAILURE TO REGISTER:
defects in the title (Bernales v. IAC, 166 • Valid between parties but void against 3rd
SCRA 519, [1988]). persons
• If instead of registration, it is delivered, it shall
PROCESS OF REGISTRATION: (GENERALLY) be a pledge and not a chattel mortgage (if no
1. File the instrument creating or transferring the chattel mortgage deed executed)
interest and the certificate of title with ROD, • Actual knowledge is same effect as registration
including:
a. Owner’s duplicate AFFIDAVIT OF GOOD FAITH:
b. Payment of fees and documentary stamp • Statement that:
tax 1. Mortgage is made to secure obligation
c. Evidence of full QuickTime™
payment andof
a real estate tax specified
TIFF (Uncompressed) decompressor
d. Document of transf
are needed to ser: 1picture.
ee this additional copy for 2. That it is a valid and just obligation
city/provincial assessor 3. That it is not entered into for purposes of
2. ROD shall make a memorandum on the fraud
certificate of title, signed by him
3. Issuance of the TCT EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD
FAITH:
REGISTRATION OF REAL PROPERTY • Vitiates mortgage as against creditors and
MORTGAGE: subsequent encumbrancers
1. Execution of deed in a form sufficient in law • Mortgage is not valid as between parties

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• No need to be in public document of the plaintiff


• Kinds:
REGISTRATION OF LEASE a. Preliminary
• It is the lessee, not the lessor, who is required b. Garnishment
to initiate the registration. c. Levy on execution
1. File with ROD the instrument creating lease
together with owner’s duplicate of certificate of REGISTRATION OF ATTACHMENT/OTHER
title LIENS:
2. ROD to register by way of memorandum upon 1. Copy of writ in order to preserve any lien, right,
certificate of title or attachment upon registered land may be
3. No new certificate shall be issued filed with ROD where land lies, containing
number of certificate of title of land to be
NOTE: When there is prohibition in mortgaged affected or description of land
property as regards subsequent conveyances, etc., 2. ROD to index attachment in names of both
leasehold cannot be registered in the title thereof plaintiff and defendant or name of person for
whom property is held or in whose name
EFFECT OF REGISTRATION: stands in the records
1. Creates a real right but without prejudice to rights 3. If duplicate of certificate of title is not
of 3rd persons presented:
2. If it is not registered, it is valid as between parties a. ROD shall, within 36 hours, send notice to
but not to 3rd persons without notice registered owner by mail stating that there
has been registration and request him to
MAY ALIENS REGISTER LEASE? YES produce duplicate so that memorandum
1. May be granted temporary rights for may be made
residential purposes b. If the owner neglects or refuses to comply,
2. Limit: 25 years, renewable for another 25 the ROD shall report the matter to the court
years c. The court, after notice, shall enter an order
to owner to surrender certificate at the time
WHO ELSE MAY REGISTER? Builder in Good Faith and place named therein
4. Although notice of attachment is not noted in
REGISTRATION OF TRUST duplicate, notation in book of entry of ROD
1. Implied Trust: present a sworn statement produces the effect of registration already.
claiming interest by reason of an implied trust
with description of land and reference to the EFFECTS OF REGISTRATION OF ATTACHMENT:
number of certificate shall be registered in REEA
ROD 1. Creates real right
2. Express Trust: instrument creating the trust 2. Has priority over execution sale
does not prohibit registration 3. But between 2 attachments, one that is
earlier in registration is preferred
REGISTRATION OF APPOINTED TRUSTEE BY 4. If it is not registered, actual knowledge is the
COURT same as registration
• Certified copy of decree shall be presented to
ROD and surrender duplicate certificate 2. EXECUTION SALE
• Cancel duplicate & new certificate shall be • To enforce a lien of any description on
entered by ROD registered land, any execution or affidavit to
enforce such lien shall be filed with ROD
INVOLUNTARY DEALINGS: QuickTime™ and a where land lies
TIFF (Uncompressed) decompressor
• Transactions areaffecting land
needed to see this picture.
in which • Register in registration book & memorandum
cooperation of registered owner is not needed, upon proper certificate of title as adverse
or even against his will claim or as an encumbrance
• To determine preferential rights between 2
1. ATTACHMENT liens: priority of registration of attachment
• A writ issued at the institution or during
progress of an action commanding the sheriff a. TAX SALE
to attach the property, rights, credits, or • Sale of land for collection of delinquent
effects of the defendant to satisfy demands taxes and penalties due the government

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• In personam (all persons interested shall A mere money claim cannot be registered as an
be notified so that they are given an adverse claim.
opportunity to be heard)
• Notice to be given to delinquent tax • Actual knowledge is equivalent to registration
payer at his last known address of adverse claim.
• Publication of notice must also be made • No 2nd adverse claim based on the same
in English, Spanish, and local dialect, ground may be registered by the same
posted in a public and conspicuous place claimant.
in the place where the property is
situated and at the main entrance of the FORMAL REQUISITES OF AN ADVERSE CLAIM
provincial building FOR PURPOSES OF REGISTRATION: WNR
• Sale cannot affect rights of other lien a. Adverse claimant must state the following in
holders unless given the right to defend writing:
their rights: due process must be strictly 1. his alleged right or interest
observed 2. how and under whom such alleged right or
• Tax lien superior to an attachment interest is acquired
• There is no need to register a tax lien 3. the description of the land in which the right
because it is automatically registered or interest is claimed
once the tax accrues 4. the certificate of title number
• But the sale of registered land to b. Such statement must be signed and sworn to
foreclose a tax lien needs to be before a notary public
registered c. Claimant shall state his residence or place to
which all notices may be served upon him
PROCEDURE OF REGISTRATION OF TAX SALE:
1. Officer’s return shall be submitted to the ROD NOTE: Noncompliance with said formal requisites
together with the owner’s duplicate title renders such adverse claim non-registrable and
2. Register in the registration book ineffective.
3. Memorandum shall be entered in the certificate
as an adverse claim or encumbrance PERIOD OF EFFECTIVITY; WHEN CANCELLED
4. After a period of redemption has expired and • The adverse claim shall be effective for a
no redemption made (2 years from registration period of 30 days from the date of registration
of auction sale), title must be cancelled and and it may be cancelled:
new title will be issued a. After the lapse of 30 days, upon the filing
5. Before the cancellation, notice shall be sent to by the party-in-interest of a verified petition
registered owner, to ask him to surrender title for such purpose
and show cause why it shall not be cancelled b. Before the lapse of said 30 days, upon the
filing by the claimant of a sworn petition
withdrawing his adverse claim
3. ADVERSE CLAIM c. Before the lapse of the 30-day period,
Sajonas v. CA, 258 SCRA 79 (1996) when a party-in-interest files a petition in
ADVERSE CLAIM is a notice to third persons the proper RTC for the cancellation of the
that someone is claiming an interest on the adverse claim and, after notice and
property or has a better right than the registered hearing, the court finds that the claim is
owner thereof. The disputed land is subject to the invalid. If the court also finds the claim to
outcome of the dispute. be frivolous, it may fine the claimant the
• Claim is adverse when: amount of not less than 1,000 pesos nor
1. A claimant’s right or interest
QuickTime™ and a
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in registered more than 5,000 pesos, in its discretion
land is adverse to the registered owner;
are needed to see this picture.

2. Such right arose subsequent to date of Diaz-Duarte v. Ong, 298 SCRA 388 (1998)
original registration For this purpose, the interested party must file with
3. No other provision is made in the Decree the proper court a petition for cancellation of adverse
for the registration of such right or claim claim, and a hearing must also first be conducted.
(Sec. 70, PD 1529) The Register of Deeds cannot on its own
automatically cancel the adverse claim.
Sanchez v. CA, 69 SCRA 327 (1976)

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Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271, party who caused such registration
May 28, 1958 5. Deemed cancelled when certificate issued by
An adverse claim may exist concurrently with a clerk of court stating manner of disposal of
subsequent annotation of a notice of lis pendens. proceeding is registered

Villaflor v. Juezan, 184 SCRA 315 (1990) LIS PENDENS HAS NO APPLICATION TO THE
When an adverse claim exists concurrently with a FOLLOWING:
notice of lis pendens, the notice of adverse claim may 1. Preliminary attachment
be validly cancelled after the registration of such 2. Proceedings for the probate of wills
notice, since the notice of lis pendens also serves the 3. Levies on execution
purpose of the adverse claim. 4. Proceedings for administration of estate of
deceased persons and
5. Proceedings in which the only object is the
recovery of a money judgment
4. NOTICE OF LIS PENDENS
Heirs of Marasigan v. IAC, 152 SCRA 253 (1987) OTHER PARTIES WHO NEED TO REGISTER:
The purpose of the notice of lis pendens is to 1. ASSIGNEE IN INVOLUNTARY PROCEEDING
constructively advise, or warn all people who deal FOR INSOLVENCY
with the property that they so deal with it at their own • Duty of the officer serving notice to file
risk, and whatever rights they may acquire in the copy of notice to ROD where the property
property in any voluntary transaction are subject to of debtor lies
the results of the action, and may well be inferior and • Assignee elected or appointed by court
subordinate to those which may be finally determined shall be entitled to entry of a new certificate
and laid down therein. of registered land upon presentment of
• It merely creates a contingency and not a lien copy of assignment with the bankrupt’s
duplicate certificate of title
WHEN NOTICE OF LIS PENDENS IS PROPER: • New certificate shall not state that it is
RQCPO entered to him as assignee or trustee in
1. To recover possession of real estate insolvency proceedings
2. To quiet title thereto
3. To remove clouds upon the title thereof Judgment/Order Vacating Insolvency
4. For partition, and Proceedings
5. Any other proceeding of any kind in court • Order shall also be registered
directly affecting the title to the land or the use • Surrender title issued in name of
of occupation thereof or the building thereon. assignee & debtor shall be entitled to
entry of new certificate
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in 2. GOVERNMENT IN EMINENT DOMAIN
dispute during the pendency of the suit • Copy of judgment filed in ROD which
2. It may still be alienated but the purchaser is states description of property, certificate
subject to the final outcome of pending suit number, interest expropriated, nature of
3. ROD is duty-bound to carry over notice of lis public use
pendens on all new titles to be issued
• Memorandum shall be made or new
certificate of title shall be issued
CANCELLATION OF LIS PENDENS: M-NUVD
• Before final judgment, the court may order
CADASTRAL REGISTRATION is a proceeding in
the cancellation: QuickTime™ and a
TIFF (Uncompressed) decompressor rem initiated by the filing of a petition for registration
1. After showing that notice
are needed is picture.
to see this only for purpose of
by the government, not by the persons claiming
molesting an adverse party
ownership of the land subject thereof, and the latter
2. When it is shown that it is not necessary to
are, on the pain of losing their claim thereto, in effect,
protect the right of the party who caused the
compelled to go to court to make known their claim or
registration thereof
interest therein and to substantiate such claim or
3. When the consequences of the trial are
interest
unnecessarily delaying the determination of the
case to the prejudice of the other party • The government does not seek registration of
4. ROD may also cancel by verified petition of the land in its own name

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• The objective of the proceeding is the Purpose Petitioner Government


adjudication of title to the lands involved in the comes to court asks the court to
proceeding to confirm his settle and
title and seeks adjudicate the
PROCEDURE: NN-CP-PAHD-DI the registration title of the land
1. Notice of cadastral survey published once in of the land in his
OG and posted in conspicuous place with a name
copy furnished to the mayor and barangay Person who Landowner Government
captain requests the
2. Notice of date of survey by the Bureau of Land survey
Management and posting in bulletin board of Effect of • no adverse • if none of the
the municipal building of the municipality or judgment claim applicants can
barrio, and he shall mark the boundaries of the • if the applicant prove that he is
lands by monuments set-up in proper places fails to prove his entitled to the
thereon title, his land, the same
3. Cadastral survey application may shall be
4. Filing of petition be dismissed declared public
5. Publication (twice in successive issues of OG), without (res judicata)
mailing, posting prejudice (no
6. Filing of answer res judicata)
7. Hearing of the case
8. Decision PATENTS
9. Issuance of the decree and certificate of title CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
• The classification is the exclusive prerogative
NOTE: The cadastral court is not limited to mere of executive and not by judiciary
adjudication of ownership in favor of one or more • Anyone who applies for confirmation of
claimants. If there are no successful claimants, the imperfect title has the burden of proof to
property is declared public land. Additionally, while overcome the presumption that the land sought
the court has no jurisdiction to adjudicate lands to be registered forms part of public domain
already covered by a Certificate of Title, it is (Regalian doctrine)
nonetheless true that this rule only applies where
there exists no serious controversy as to the UNDER THE CONSTITUTION:
certificate’s authenticity vis-à-vis the land covered 1. Agricultural – only one subject to alienation
therein (Republic v. Vera, 120 SCRA 210 [1983]). 2. Forest or timber
3. Mineral lands
PD 1529 Cadastral 4. National park
Nature Voluntary Compulsory UNDER THE PUBLIC LAND ACT:
Applicant Landowner Director of 1. Alienable/disposable:
Lands a. Agricultural
Lands covered • usually • all classes of b. Residential, commercial, industrial
involves private lands are c. Educational, charitable
land included d. Town sites and for public and quasi-
• it may also public uses
refer to public 2. Timber lands: inalienable
agricultural 3. Mineral lands: inalienable
lands if the • If patent or title is issued, it is void ab
object ofQuickTim
the e™ and a
TIFF (Uncompressed) decompressor initio for lack of jurisdiction
action is to see this picture.
are needed
• It is not subject to acquisitive prescription
confirmation of even if in possession for long time, it will
an imperfect title not ripen into ownership
Parties Applicant and Government, • Except: mineral lands and forest lands
opponent Landowners acquired before inauguration of
must come to Commonwealth in November 15, 1935
court as because there are vested rights which
claimants of are protected
their own lands

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1. Action for partition because it is not a


FISHPONDS conveyance
• Before: It was included in the definition of 2. Alienations or encumbrances made in favor of
agriculture, therefore the conversion of the government
agricultural land to fishponds did not change
character of land ERRING HOMESTEADER NOT BARRED BY PARI
• Now: It has a restricted meaning; Fishponds DELICTO
have a distinct category and cannot be • Pari delicto rule does not apply in void
alienated but may be leased from government contracts
• Violation of prohibition results in void contract
WHEN GOVERNMENT GRANT DEEMED • Action to recover does not prescribe
ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government KINDS TO WHOM REQUIREMENTS
patent/grant GRANTED
2. Registered with the ROD: mandatory, it is the HOMESTEAD To any • does not own
operative act to convey and transfer title PATENT Filipino more than 12
3. Actual physical possession, open and citizen over hectares of land in
continuous the age of 18 the Philippines or
• Land ceased to be part of public domain & years or has not had the
now ownership vests to the grantee head of a benefit of any
• Any further grant by Government on same family gratuitous
land is null and void allotment of more
• Upon registration, title is indefeasible than 12 hectares
• must have
TITLE ISSUED PURSUANT TO REGISTRATION resided
OF PATENT: continuously for at
1. Indefeasible when registered, and deemed least 1 year in the
incorporated with Torrens system 1 year after municipality where
the issuance of patent the land is situated
2. May not be opened 1 year after entry by LRA • must have
(otherwise, confusion and uncertainty on the cultivated at least
government system of the distribution of 1/5 of the land
public lands may arise and this must be applied for
avoided) FREE PATENT To any • does not own
Except: if it is annullable on ground of fraud, natural born more than 12
then it may be reopened even after 1 year citizen of the hectares of land
because registration does not shield bad faith Philippines • has continuously
• The court, in the exercise of its equity (filing ended occupied and
jurisdiction, may direct reconveyance Dec. 31, cultivated, either
even without ordering cancellation of title 2000) by himself or his
predecessors-in-
HOMESTEAD RESTRICTIONS: interest, tracts of
1. Cannot be alienated within 5 years after disposable
approval of application for patent agricultural public
2. Cannot be liable for satisfaction of debt within 5 land for at least 30
years after approval of patent application years prior to
3. Subject to repurchase ofdechompressor
eirs within 5 years
QuickTime™ and a
TIFF (Uncompressed)
March 28,1990
after alienation are
whenneeded to see this picture.
allowed already • paid real property
4. No private corporation, partnership, association taxes on the
may lease land unless it is solely for property while the
commercial, industrial, educational, religious or same has not
charitable purpose, or right of way (subject to been occupied by
consent of grantee and approval of Secretary any person
of Environment & Natural Resources) • grant will be
limited to 12
EXCEPTIONS: hectares only

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SALES Citizens of • to have at least resided therein


PATENT the 1/5 of the land • no public auction
Philippines of broken and required
lawful age or cultivated within 5 • not subject to
head of the years from the any restriction
family may date of the award against
purchase (public auction) encumbrance or
public • shall have alienation
agricultural established actual SPECIAL To Non- • Secretary of the
land of not occupancy, PATENT Christian DILG shall certify
more than 12 cultivation, and Filipinos that the majority of
hectares improvement of at under the the non-Christian
least 1/5 of the Public Land inhabitants of any
land until the date Act given reservation
of such final have advanced
payment sufficiently in
• for agricultural civilization
lands suitable for
residential, PROCEDURE FOR REGISTRATION OF PUBLIC
commercial or LANDS: IFEFI
industrial 1. Official issues an instrument of conveyance
purposes, patent 2. File the instrument with ROD
is issued only 3. Instrument is to be entered in books and
after: owner’s duplicate to be issued
1.) full payment of • Instrument is only a contract between
purchase price, Government and private person and
and does not take effect as conveyance if
2.) completion of unregistered, it is registration which is
the construction of operative act of conveying land; evidence
permanent of authority for ROD to register
improvements 4. Fees to be paid by grantee
appropriate for 5. After issuance of certificate of title, land is
purpose for which deemed registered land within the purview of
the land is the Torrens system
purchased (must
be completed RESTRICTION ON ALIENATION/ENCUMBRANCE
within 18 months OF LANDS TITLED PURSUANT TO PATENTS:
from date of 1. Lands under free patent or homestead patent
award) is prohibited from being alienated/encumbered,
To any • does not own a except if in favor of the government, within 5
citizen of home lot in the years from and after the issuance of the patent
legal age for municipality in or grant (Republic v. Heirs of Felipe Alejaga,
residential which he resides Sr., 393 SCRA 361 [2002])
purposes • in good faith, 2. Transfer or conveyance of any homestead after
established his 5 years and before 25 years after the issuance
residence on a of the title without the approval of the DENR
QuickTime™ and parcel
a
TIFF (Uncompressed) decompressor
of land of Secretary
are needed to see this ppublic
icture. domain not 3. Lands acquired under emancipation patents
needed for public issued to landless tenants and farmers must
service not be alienated or encumbered within 10
• not more than years from issuance of the title
1000 sq. m. 4. Conveyances and encumbrances made by
• occupant must persons belonging to the “non-Christian tribes”
have constructed may be made only when the person making the
his house on the conveyance or encumbrance is able to read
land and actually and understand the language in which the

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instrument or deed is written. If illiterate, must REMEDIES AVAILABLE TO AGGRIEVED PARTY


be approved by the then Commissioner of IN REGISTRATION PROCEEDINGS
Mindanao and Sulu MOTION TO • before judgment
LIFT/SET ASIDE • FAME and with valid defense
NATURE OF TITLE TO PUBLIC LANDS ORDER OF DEFAULT • under oath
CONVEYED: INDEFEASIBLE AND CONCLUSIVE MOTION FOR NEW • 15 days from notice of
• In absence of registration, title to public land is TRIAL judgment
not perfected and therefore not indefeasible GROUNDS:
• In case of 2 titles obtained on same date, the a. Fraud, accident, mistake,
one procured through a decree of registration excusable negligence
is superior than patent issued by director of (FAME) which ordinary
lands prudence could not have
• 2 titles procured by one person: one from guarded against
homestead patent, and one from judicial b. Newly discovered evidence
decree and sold to 2 different persons, the one c. Award of excessive
who bought it for value and in good faith and damages, or insufficiency
who registered first shall have preference of evidence to justify
decision, or that the
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA decision is against the law
361 (2002) APPEAL • 15 days from notice of
A free patent obtained through fraud or judgment
misrepresentation is void. Furthermore, the one-year • To the CA/SC
prescriptive period provided in the Public Land Act RELIEF FROM • 60 days after petitioner learns
does not bar the State from asking for the reversion JUDGMENT of judgment, but not more than
of property acquired through such means. 6 months after judgment was
entered
Once a patent is registered and the corresponding REQUISITES:
certificate of title issued, the land covered by them a. FAME, with affidavit of
ceases to be part of the public domain and becomes merit; in case of extrinsic
private property. Further, the Torrens Title issued fraud, state that deprived of
pursuant to the patent becomes indefeasible a year hearing or prevented from
after the issuance of the latter. However, this appealing
indefeasibility of a title does not attach to titles b. After judgment
secured by fraud and misrepresentation. Well-settled c. Person deprived of right is
is the doctrine that the registration of a patent under party to case
the Torrens System does not by itself vest title; it PETITION FOR • Within 1 year after entry of
merely confirms the registrant’s already existing one. REVIEW OF decree of registration
Verily, registration under the Torrens System is not a REGISTRATION • it will not prosper if transferred
mode of acquiring ownership. DECREE to innocent purchaser for value
GROUNDS:
Therefore, under Section 101 of Commonwealth Act a. actual or extrinsic fraud,
No. 141, the State -- even after the lapse of one year committed outside trial,
-- may still bring an action for the reversion to the preventing petitioner from
public domain of land that has been fraudulently presenting his side
granted to private individuals. Further, this b. fatal infirmity in the decision
indefeasibility cannot be a bar to an investigation by for want of due process
the State as to howTIFF
the title has been
QuickTime™ and a
(Uncompressed) decompressor
acquired, if the c. lack of jurisdiction of the
purpose of the investigation is to determine whether
are needed to see this picture. court
fraud has in fact been committed in securing the title. REQUISITES:
Section 118 of Commonwealth Act No. 141 a. Petitioner has a real and
proscribes the encumbrance of a parcel of land dominical right
acquired under a free patent or homestead within five b. He has been deprived of
years from its grant. The prohibition against any such right
alienation or encumbrance of the land grant is a c. Through actual or extrinsic
proviso attached to the approval of every application. fraud
d. The petition is filed within 1

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year from the issuance of entry or memorandum in


the decree the registration book
e. The property has not been d. There was no negligence
passed on to an innocent on his part
purchaser for value e. He is barred or precluded
ACTION FOR • available so long as property under the provisions of PD
RECONVEYANCE not yet passed to innocent 1529 or under the
purchaser for value provisions of any law from
• by aggrieved party, whose bringing an action for the
land was registered wrongly to recovery of such land or the
another person estate or interest therein;
• before issuance of decree, or f. The action has not
within/after 1 year from entry prescribed: must be
• action in personam instituted within a period of
• if based on implied trust, it 6 years from the time the
must be instituted within 10 right to bring such action
years, and imprescriptible if by first occurred-which is the
registered owner or his date of issue of the
children, co-heir, or plaintiff in certificate of title
possession g. Execution first against
• if based on expressed trust person responsible for
and void contract, fraud; if insolvent, against
imprescriptible national treasury
• if based on fraud, it must be CANCELLATION • Where 2 certificates are
instituted within 4 years from SUITS issued to different persons
the discovery of the fraud covering the same land, the
RECOVERY FOR REQUISITES: title earlier in date must
DAMAGES a. Person is wrongfully prevail, unless procured by
deprived of his land by fraud or is jurisdictionally
registration in name of flawed
another (actual or • The later title should be
constructive fraud declared null and void and
b. No negligence on his part ordered cancelled
c. Barred/ precluded from • It is the aggrieved party that
bringing an action (after 1 institutes the action
year from decree) • In case of non-registered
d. Action for compensation land, must be filed by the
has not prescribed OSG for cancellation of title
ACTION FOR REQUISITES: or reversion to State
COMPENSATION a. The aggrieved party • Voiding or cancellation of
FROM THE sustained loss or damage, OCT does not affect
ASSURANCE FUND* or is deprived land or any derivative TCTs if their
estate or interest therein holders not given
b. Such loss, damage or opportunity to be heard and
deprivation was occasioned defend their title
by the bringing of the land ANNULMENT OF • May only be availed of
under
QuickTime™the andoperation
a
TIFF (Uncompressed) decompressor
of the JUDGMENT when the ordinary remedies
are neeTorrens
ded to see this system
picture. or arose of new trial, petition for
after the original registration relief, or other appropriate
of the land remedies are no longer
c. The loss, damage or available through no fault of
deprivation was due to the petitioner (Linzag v.
fraud, or any error, CA, 291 SCRA 304
omission, mistake, or [1998]).
misdescription in any REVERSION SUIT • The objective is the
certificate of title or in any

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cancellation of the be brought within 10 years


certificate of title and the from loss of possession
consequential reversion of CRIMINAL ACTION • The State may criminally
the land covered in the land prosecute for perjury the
grant to the State party who obtains
• GROUNDS: registration through fraud,
a. Violation of Sections such as by stating false
118, 120, 121 and 122 assertions in the sworn
of the Public Land Act answer required of
(ex. alienation or sale of applicants in cadastral
homestead executed proceedings (People v.
within the 5 year Cainglet, 16 SCRA 749
prohibitory period) [1966] )
b. When land patented
and titled is not capable ASSURANCE FUND
of registration • State creates a fund for the compensation of
c. Failure of the grantee to persons injured by divesting/cutting off of rights
comply with conditions due to the indefensibility of title; following that
imposed by law to act of registration is operative act by which
entitle him to a patent or State transfers title
grant • It is created to relieve innocent persons from
d. When area is an harshness of doctrine that certificate of title is
expanded area conclusive evidence of an indefeasible title to
e. When the land is land.
acquired in violation of • Upon entry of certificate in name of owner or
the Constitution (e.g. TCT, ¼ of 1% shall be paid to the ROD based
land acquired by an on assessed value of land as a contribution to
alien) the assurance fund
• Indefeasibility of title, • If there is yet no assessment, a sworn
prescription, laches, and declaration of 2 disinterested persons on the
estoppel do not bar value of the land, subject to determination by
reversion suits court, is required.
QUIETING OF TITLE • Brought to remove clouds • Money shall be in the custody of the National
on the title to real property Treasurer who shall invest it until principal plus
or any interest therein, by interest aggregates to 500,000. The excess
reason of any instrument, shall be paid to the Assurance Fund and be
record, claim, included in the annual report of Treasurer to
encumbrance, or Secretary of Budget
proceeding which is
apparently valid or effective WHO IS ENTITLED:
but is in truth and in fact 1. Claimant must be owner, purchaser or
invalid, effective, voidable encumbrancer in good faith who suffered
or unenforceable, and may actual damage by loss of land. In short, he is
be prejudicial to said title deprived of his land or interest therein
(Art. 476, Civil Code) 2. No negligence attributable to him
• An ordinary civil remedy 3. Claimant is barred from filing action to
TIFF•(UncoAside
QuickTime™ and a
from the registered
mpressed) decompressor recover said land
are needed to see this picture.
owner, a person who has 4. Action to recover from assurance fund has
an equitable right or not prescribed
interest in the property may
likewise file such action LOSS/DAMAGES SHOULD NOT BE DUE TO
(Mamadsul v. Moson, 190 FOLLOWING REASONS:
SCRA 82 [1990]) 1. Breach of trust
• Imprescriptible if plaintiff is 2. Mistake in resurvey resulting in expansion of
in possession; if not, must area in certificate of title

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title
LOSS/DAMAGES SHOULD BE DUE TO THE • After notice and hearing, the court is to
FOLLOWING REASONS: order issuance of new title with
1. Omission, mistake, misfeasance of memorandum that it is issued in place of
ROD or clerk of court lost certificate (duplicate)
2. Registration of 3rd persons as owner • If false statement, he can be charged with
3. Mistake, omission, misdescription in the complex crime of estafa through
4. certificate of title, falsification of public document
duplicate or entry in books
5. Cancellation 2. ADVERSE CLAIM IN REGISTERED LAND
• Different from lis pendens:
AGAINST WHOM ACTION IS FILED: • Lis pendens has no expiration period but
1. Action due to deprivation of land due to adverse claim is only for 30 days:
mistake, negligence, omission of ROD, etc: • Lis pendens is a notice that property is in
ROD and National Treasurer as defendants; litigation while adverse claim signifies that
Sol-Gen must appear somebody is claiming better right
2. Private persons involved should also be • Recent ruling: adverse claim can only be
impleaded removed upon court order, therefore, it is
considered to be the more permanent and
LIABILITY: stable one as compared to lis pendens
1. Satisfy claims from private persons first
2. When unsatisfied: secondarily liable is the 3. PETITION SEEKING SURRENDER OF
National Treasurer who shall pay through the DUPLICATE TITLE
assurance fund; thereafter Government shall • In voluntary and involuntary conveyances:
be subrogated to rights of plaintiff to go when the duplicate cannot be produced,
against other parties or securities the party must petition the court to compel
the surrender of duplicate certificate of title
to ROD
MEASURE OF DAMAGES:
• After hearing, the court may order issuance
• Based on amount not greater than fair of a new certificate and annul the old
market value of land certificate
• Amount to be recovered not limited to • The new certificate shall contain an
500,000 which is maintained as standing annotation regarding the annulment of the
fund old certificate
• If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from 4. AMENDMENT AND ALTERATION OF
other funds available to Treasury even if not CERTIFICATE OF TITLE
appropriated • A certificate of title cannot be altered,
amended except in direct proceeding in
WHERE AND WHEN TO FILE ACTION AGAINST court; summary proceeding
ASSURANCE FUND:
• Entries in registration books are not
1. Any court of competent jurisdiction: RTC in
allowed to be altered except by order of
city where property lies or resident of plaintiff
court
2. Action prescribes in 6 years from time
• Grounds:
plaintiff actually suffered loss
1. New interest that does not appear on
3. If plaintiff is minor, insane or imprisoned, he
the instrument have been created
has additional 2QuickTime™
years andafter a disability is
TIFF (Uncompressed) decompressor 2. Interest have been terminated or
removed toare needed file to see
action
this picture.notwithstanding
ceased
expiration of regular period
3. Omission or error was made in
entering certificate
PETITIONS AND MOTIONS AFTER ORIGINAL
4. Name of person on certificate has been
REGISTRATION:
changed
1. LOST DUPLICATE CERTIFICATE
5. Registered owner has married
• Sworn statement that certificate is lost to
6. Marriage has terminated
be filed by person in interest with ROD
7. Corporation which owner registered
• Petition to court for the issuance of new

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land has dissolved and has not d. Authenticated copy of the decree
conveyed the property within 3 years of registration or patent, as the
after its dissolution case may be, which was the basis
8. What corrections are permitted in title of the certificate of title,
(which does not include lands included e. Deed of mortgage, lease, or
in original; technical description as long encumbrance containing
as original decree of registration will description of property covered by
not be reopened and rights or interest the certificate of title and on file
of persons not impaired; old survey with the ROD, or an authenticated
was incorrect; substitution of name of copy thereof indicating that its
registered owner) original had been registered
f. Any other document which, in the
a. Alterations which do not impair rights and judgment of the court, is sufficient
b. Alterations which impair rights: with consent and proper basis for reconstitution.
of all parties 2. FOR TCT
c. Alterations to correct obvious mistakes a. Same as sources a, b, and c for
reconstitution of OCT
5. RECONSTITUTION OF ORIGINAL b. Deed of transfer or other document
CERTIFICATE OF TITLE containing description of property
• The restoration of the instrument which is covered by TCT and on file with
supposed to have been lost or destroyed in the ROD, or an authenticated copy
its original form and condition, under the thereof indicating its original had
custody of ROD been registered and pursuant to
• Purpose: to have the same reproduced, which the lost or destroyed
after proper proceedings in the same form certificate of title was issued
they were when the loss or destruction c. Same as sources (e) and (f) for
occurred (Heirs of Pedro Pinote v. Dulay, reconstitution of OCT
187 SCRA 12 [1990]) b. Administrative
• As consequence of war, the records have • May be availed of only in case of:
been destroyed 1. Substantial loss or destruction
• When reconstituted, the new title have the of the original land titles due to
same validity as old title fire, flood, or other force
• Kinds: majeure as determined by the
a. Judicial Administrator of the LRA
• File a petition with the RTC 2. The number of certificates of
• To be published in OG for 2 title lost or damaged should be
consecutive issues and on main at least 10% of the total
entrance of municipality for at least number in the possession of
30 days before hearing the Office of the ROD
• In rem proceedings 3. In no case shall the number of
certificates of title lost or
• Court is to order reconstitution if it
damaged be less than 500,
deemed fit; and issue an order to
and
ROD
4. Petitioner must have the
• The lack of essential data is fatal
duplicate copy of the certificate
of title (RA 6732)
SOURCES OF JUDICIAL
QuickTime™ and a NOTES:
RECONSTITUTION
TIFF (Uncompressed)OF TITLE
decompressor
are needed to see this picture. • The law provides for retroactive application
1. FOR OCT (in this order):
thereof to cases 15 years immediately preceding
a. Owner’s duplicate of the certificate
1989
of title
b. Co-owner’s, mortgagee’s or • When the duplicate title of the landowner is lost,
lessee’s duplicate of said the proper petition is not reconstitution of title, but
certificate one filed with the court for issuance of new title in
c. Certified copy of such certificate, lieu of the lost copy
previously issued by the ROD

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SOURCES FOR ADMINISTRATIVE reconstitution is issued without any previous


RECONSTITUTION: publication as required by law, such order of
a. Owner’s duplicate of the certificate of title reconstitution is null and void. Even the publication of
b. Co-owner’s, mortgagee’s, or lessee’s the notice of hearing in a newspaper of general
duplicate of said certificate circulation like the Manila Daily Bulletin, is not a
substantial compliance with the law because Section
CONTENTS OF PETITION 13 specifies OG and does not provide for any
1. That the owner’s duplicate of the certificate alternative medium or manner of publication.
of title had been lost or destroyed
2. That no co-owner’s, mortgagor’s, or Manila Railroad Company v. Moya, 215 Phil. 593
lessee’s duplicate had been issued (1984)
3. The location, area and boundaries of the Notice must be actually sent or delivered to parties
property affected by the petition for reconstitution. The order
4. The nature and description of the buildings of reconstitution, therefore, having been issued
or improvements, if any, which do not without compliance with the said requirement, has
belong to the owner of the land, and the never become final as it was null and void.
names and addresses of the owners of
such buildings or improvements
Puzon v, Sta. Lucia Realty and Development, Inc.,
5. The names and addresses of the (a)
353 SCRA 699 (2001)
occupants or persons in possession of the
Service of notice of the petition for reconstitution filed
property, (b) of the owners of the adjoining
under RA 26 to the occupants of the property, owners
properties and (c) of all persons who may
of the adjoining properties, and all persons who may
have any interest in the property
have any interest in the property is not required if the
6. A detailed description of the encumbrance,
petition is based on the owner’s duplicate certificate
if any, affecting the property
of title or on that of the co-owner’s, mortgagee’s, or
7. A statement that no deeds or other lessee’s.
instruments affecting the property have
been presented for registration, or, if there
be any, the registration thereof has not Republic v. Sanchez, G,R, No. 146081, July 17,
been accomplished, as yet 2006

PUBLICATION, MAILING AND POSTING IN FACTS:


PETITIONS FOR RECONSTITUTION OF TITLE: Sanchez sought for reconstitution of titles alleged to
have been destroyed by a fire which razed the Office
• Notice thereof shall be published twice in
of the ROD in June 1988. The reconstitution of the
successive issues of the OG
title is based on Sanchez’s duplicate title. They
• Must be posted on the main entrance of the
submitted to the RTC a Report allegedly signed by
provincial building and of the municipal
the Chief of the Reconstitution Division of the LRA
building of the municipality or city where the
stating that the technical description of the lot does
land is situated
not overlap previously plotted properties. Without
• To be sent by registered mail or otherwise, at serving notices of the petition to adjoining owners,
the expense of the petitioner, to every person the RTC then granted the petition for reconstitution.
named in said notice After the decision became final, LRA submitted to the
• This should be done at least 30 days prior to Court another report claiming that the first report was
the date of hearing. fake and recommends that the RTC set aside its
decision. LRA also claims that the notice of the
MWSS v. Sison, 124 SCRA 394 (1983) petition should have been served on adjoining
QuickTime™ and a
The publication of the petition indecompressor
TIFF (Uncompressed) 2 successive issues owners as one of the jurisdictional requirements
are needed to see this picture.
of the Official Gazette, the service of the notice of since the Authentic LRA Report found Sanchez’s title
hearing to the adjoining owners and actual occupants to be a fake title.
of the land, as well as posting of the notices in the
main entrance of the provincial and municipal ISSUE:
buildings where the property lies at least 30 days Whether the trial court acquired jurisdiction over the
prior to the date of the hearing, as prescribed by case
Section 13 of the law (RA 26), are mandatory and
jurisdictional requisites… If an order if HELD:

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Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

No. The source of the petition for reconstitution in confirming the sale, and that TCT No. 8502 was
the case at bar was petitioner’s duplicate copies of never lost.
the TCTs. As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12 and 13. The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
Section 9 and 10 or RA 26 require that 30 days turn, bought the same from Gil in 1951. Gil allegedly
before the hearing, (1) a notice be published in 2 purchased the property from Remegia, the sale of
successive issues of the OG at the expense of which was evidenced by the joint affidavit of
the petitioner, and (2) such notice be posted at confirmation of sale that Remegia and her uncle
the main entrances of the provincial building and purportedly executed before the notary public in
of the municipal hall where the property is 1965. Aurelio then filed a petition for the issuance of
located. The notice shall state the following: (1) a new owner’s duplicate copy of TCT No. T-8502
the number of the certificate of title, (2) the name because when they asked Remegia about it, she
of the registered owner, (3) the names of the claimed it had been lost. A petition for partial
interested parties appearing in the reconstituted cancellation of the said TCT was granted and TCT
certificate of title, (4) the location of the property, No. 17993 was issued in Aurelio’s name. They also
and (5) the date on which all persons having an allege that they and their predecessors-in-interest
interest in the property must appear and file such have been occupying the said property since 1947,
claims as they may have. openly, publicly, adversely, and continuously or for 41
years already.
In petitions for reconstitution where the source is the
owner’s duplicate copy, notices to adjoining owners ISSUE:
and to actual occupants of the land are not required. Who is the real owner of the subject lot?
But Puzon is not applicable here. There is no report
from a pertinent government agency challenging the HELD:
authenticity of the duplicate certificates of title Remegia is the real owner.
presented in Puzon. The trial court correctly held that the CFI which
granted Aurelio’s petition for issuance of new
Sections 12 and 13 of RA 26 must apply because owner’s duplicate copy of TCT No. 8502 did not
the owner’s duplicate is claimed by the LRA to be acquire jurisdiction. It has been consistently held
spurious. The failure to meet any of the that when the owner’s duplicate certificate of title
necessary publication, notice of hearing and has not been lost, but is in fact in the possession
mailing requirements did not vest jurisdiction of of another person, then the reconstituted
the case to the court. Thus, the judgment certificate is void, because the court that
rendered by the RTC is void and will never rendered the decision had no jurisdiction.
become binding or final as it is a nullity right from Consequently, the issuance of TCT No. 17993 is
the very start. It may be challenged at any time. also void, emanating as it did from the void TCT
No. 8502 in Aurelio’s name. The indefeasibility of
Feliciano v. Spouses Zaldivar, GR No. 162593. a Torrens title does not apply where fraud
September 26, 2006 attended the issuance of the title, such as when it
was based on void documents.
FACTS:
Remigia Feliciano filed a complaint against the 6. REGISTRATION OF TRANSACTION
spouses Zaldivar for the declaration of nullity of TCT EVIDENCED BY LOST DOCUMENT
No. T-17993 and reconveyance of the property • ROD is forbidden to effect registration of
covered therein. The said title is registered in the lost or destroyed documents
name of Aurelio Zaldivar. QuickTime™ and a
TIFF (Uncompressed) decompressor
• Steps by interested parties:
are needed to see this picture. 1. Procure an authenticated copy of lost
Remigia alleged that she was the registered owner of or destroyed instrument
a lot, part of which is that covered by the above TCT, 2. Secure an order from court
and with TCT No. 8502. It was originally leased to
Pio Dalman, Aurelio’s father-in-law. She attempted OFFENSES IN LAND REGISTRATION:
to mortgage the lot to Ignacio Gil, but the mortgage 1. Larceny
did not push through. She vehemently denies that 2. Perjury: false statement under oath
she and her uncle never executed a joint affidavit 3. Fraudulent procurement of certificate
4. Forgery

Page 296 of 297


Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

a. Forging of seal in ROD, name, signature or


handwriting of any officer of court of ROD
b. Fraudulent stamping or assistance in
stamping
c. Forging of handwriting, signature of
persons authorized to sign
d. Use of any document which an impression
of the seal of the ROD is forged
5. Fraudulent sale: sale of mortgaged property
under the misrepresentation that it is not
encumbered; deceitful disposition of property
as free from encumbrance

SYSTEM OF REGISTRATION FOR


UNREGISTERED LANDS

• System of registration for unregistered land


under the Torrens System (Act 3344)
• Before: covers voluntary dealings
• Now: it includes involuntary dealings
• Effect: if prospective, it binds 3rd persons after
registration but yields to better rights of 3rd
person prior to registration (limited effect to 3rd
parties)
• Reason: no strict investigation involved
• Subsequent dealings are also valid if recorded
• ROD keeps day book and a register, and an
index system is also kept
• Procedure:
1. Presentment of instrument dealing in
unregistered land
2. If found in order, register
3. If found defective, then registration is
refused writing his reason for refusal

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

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