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Land Titles Ateneo Reviewer
Land Titles Ateneo Reviewer
oes not
AMEND DINARY REGISTRATION
ROCEEDINGS
nd out at any time
owner, he must file in RTC of each
province/city where different parcels of land are
located for registration purposes
EXCEPTION: Delegated jurisdiction of the
MTC to hear and determine cad
registration cases covering lots where
there is no controversy or opposition, or
contested lots, the value of which d
exceed 100,000
MENTS IN OR
P
1. Striking out one or more
of the parcels of la
The court may strike
applied for or by a
severance of the
application
2. Substantial change in
boundaries, increase in
area, inclusion of
additional land
New technical
description and new
publication and notice
are necessary
3. J oinder, substitu
discontinuance
tion, or
of any of
the parties
File motion with court
4. Decrease in area File motion with court;
no need for new
publication or notice
Benin v. Tuason, 57 SCRA 531 (1974)
Under Section 23 of Act 496, the registration court
may allow, or order an amendment of the application
for registration when it appears to the court that the
amendment is necessary and proper.
Under Section 24 of the same act, the court may at
anytime order an application to be amended by
striking out one or more parcels or by severance of
the application. The amendment may be made in
application or in the survey plan, or in both since the
application and survey plan go together.
If the amendment consists in the inclusion in the
application for registration an area or parcel of land
not previously included in the application for
registration of an area or parcel of land not previously
included in the original application, as published, a
new publication of the amended application must be
made. The purpose of the new publication is to give
notice to all persons concerned regarding the
amended application. Without a new publication, the
registration court cannot acquire jurisdiction over the
area or parcel of land that is added to the area
covered by the original application, and the decision
of the registration court would be a nullity insofar as
the decision concerns the newly included land. The
reason is because without a new publication, the law
is infringed with respect to the publicity that is
required in registration proceedings, and third parties
who have not had the opportunity to present their
claim might be prejudiced in their rights because of
failure of notice.
But if the amendment consists in the exclusion of a
portion of the area covered by the original application
and the original plan as previously published, a new
publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of
a new application.
DOCTRINE OF NON-COLLATERAL ATTACK OF
ECREE OR TITLE
e
mpugned, enlarged, altered,
D
A decree of registration and registered titl
cannot be i
modified, or diminished either in collateral or
direct proceeding after the lapse of the 1-year
period prescribed by the law.
If transaction is BEFORE
Issuance of Decree
If transaction is AFTER
Issuance of Decree
Record instrument in
ROD in same
manner as if no
application was
made
Present instrume
to RTC
nt
, with a
motion praying that
the same be
Register directly with
ROD for purpose of
canceling such title
and issuing a TCT
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considered in
relation to the
pending application
REQ SITION:
1. Set forth objections to the application
positor
some other
UISITES OF OPPO
2. State interest claimed by op
3. Apply for the remedy desired
4. Signed and sworn to by him or by
duly authorized person
GENERAL DEFAULT SPECIAL DEFAULT
When no person
ap
ibed
When a party appears at
initia
ile
pears and answers
within time prescr
l hearing without
having filed an answer and
asks court for time to f
answer but failed to do so
within period allowed
JUDICIAL CONFIRMAT OR ION OF IMPERFECT
INCOMPLETE TITLE UNDER THE PUBLIC LAND
ACT
In rem, judicial proceedings
The decree of registration issued is conclusive
WHEN
Extended up to December 31, 2020, as
Sec. 2 of RA 9176
and final
Governed by court procedure and law of
evidence
TO FILE
provided in
Direc A 422 (1979) tor of Lands v. Abairo, 90 SCR
FACTS:
Petitioner contended that CFI of Isabela should have
dismissed the application for registration based on an
imperfect or incomplete title because it has no
jurisdiction over it inasmuch as it was filed on March
1, 1971, that is, after December 31, 1968, the expiry
date for filing such kind of application under RA 2061.
The latest extension of the period to December 31,
2020 within which to file said applications, as
provided in Sec. 2, RA 9176, shall apply where the
area applied for does not exceed 12 hectares.
ISSUE:
Whether or not the application is valid despite being
filed after the period expired and before the extension
was granted.
HELD:
YES. It is clear from the law itself that those who
applied for judicial confirmation of their title at
any time prior to the cut-off date of December 31,
1976 did so on time, even if such application was
filed during the intervening period from January
1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
the period for filing such applications time and again,
to give full opportunity to those who are qualified
under the law to own disposable lands of the public
domain and thus reduce the number of landless
among the citizenry.
LIMITATION TO AREA APPLIED FOR:
Maximum of 12 hectares (Sec. 3, RA 6940)
WHO MAY BE APPLICANTS: FFPL
1. Filipino citizens who by themselves or through
their predecessors-in-interest have been in
and notorious open, continuous, exclusive
possession and occupation of alienable and
disposable lands of the public domain under a
bona fide claim of acquisition since J une 12,
1945, or prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of Lands, 75 Phil
890 [1946])
Filipino citizens 2. who by themselves or through
their predecessors-in-interest have been, prior
to the effectivity of PD 1073 (January 25,
1977), in open, continuous, exclusive and
notorious possession and occupation of
agricultural lands of the public domain under a
bona fide claim of acquisition of ownership, for
at least 30 years, or at least since J anuary 24,
1947 (RA 1942, Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
Private corporations or associations 3. which had
acquired lands, formerly part of the alienable
and disposable lands of the public domain,
4.
from Filipino citizens who had possessed the
same in the manner and for the length of time
indicated in 1 and 2 above (Dir. Of Lands v.
IAC and ACME, 146 SCRA 509 [1986]).
Natural born citizens of the Philippines who
may have lost their Philippine citizenship, who
have acquired disposable and alienable lands
NOTE
confir 141
at the time of the institution of the registration
of the public domain from Filipino citizens who
had possessed the same in the manner and for
the length of time indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567 [1994]).
: A private corporation may institute
mation proceedings under Sec. 48(b) of CA
if
proceedings, the land was already private land
(Director of Lands v. IAC and ACME, 146 SCRA
509 [1986]).
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As long as the land is already considered as
having become private through prescription,
a corporation may institute confirmation
proceedings. Having a PRIVATE character
(no longer public), the land would no longer
be barred by the Constitution to be owned by
a corporation. Land has already become
PRIVATE, ipso jure, when previously
acquired by prescription by a natural person.
Natividad v. CA, 202 SCRA 439 (1991)
Determinative of this issue is the character of the
parcels of land whether they were still public or
already private when the registration proceedings
were commenced. If they are already private lands,
the constitutional prohibition against acquisitions by a
private corporation would not apply.
WHAT APPLICANT MUST PROVE:
The land is alienable and disposable land of
the public domain, and
His possession was for the length of time and
in the manner and concept required by law
NOTE ting
equirements are the same as those required in
: Form, Contents, Notice, Mailing, Pos
R
original registration under PD 1529.
Director of Lands v. CA, 106 SCRA 426 (1981)
A judicial declaration that a parcel of land is public,
does not preclude even the same applicant from
subsequently seeking a judicial confirmation of his
title to the same land, provided he thereafter
complies with the provisions of Sec. 48 of CA 141, as
amended and as long as said public land remains
alienable and disposable.
PROOF OF PRIVATE OWNERSHIP: STOP
1. Spanish title (inadmissible and ineffective proof
eedings
2.
of ownership in land registration proc
filed after Aug. 16, 1976)
Tax declarations and tax payments (not
conclusive evidence of ownership, must be
3.
coupled with proof of actual possession for the
period required by law)
Other kinds of proof (ex. testimonial evidence
to prove accretion, deeds of sale)
4. Presidential issuances and legislative acts
(constitutive of a fee simple title or absolute title
in favor of the grantee, a law ceding full
ownership to a government institution)
Santi ber 20, ago v. SBMA, GR No. 156888, Novem
2006
FACTS:
Rodriguez is claiming to be the sole heir and
administrator of the estate of Hermogenes Rodriguez
who, in his lifetime, was the owner of parcels of land
registered in his name under a Spanish title.
Rodriguez leased the parcels of land to Santiago and
Mateo for a period of 50 years. By virtue of the
lease, Santiago is presently occupying the land.
SBMA, on the other hand, is claiming possessory, if
not proprietary, rights over the parcels of land, by
using them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as
evidence of ownership of lands
HELD:
No.
Although PD 892 reads: Whereas, Spanish titles to
lands which have not yet been brought under the
operation of the Torrens system, being subject to
prescription, are now ineffective to prove ownership
unless accompanied by proof of actual
possession, petitioners cannot claim that they can
still present the Spanish title as proof of ownership
since they were in actual possession.
Actual proof of possession only becomes necessary
because Spanish titles are subject to prescription.
The holder of a Spanish title may still lose his
ownership of the real property to the occupant who
actually possesses the same for the required
prescriptive period. Because of this inherent
weakness, the applicant for registration of his
Spanish title under the Torrens system must also
submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
law as a whole, it has clearly set a deadline for
the filing of applications for registration of ALL
Spanish titles under the Torrens system (i.e., 6
months from its effectivity or on 14 August 1976),
after which, the Spanish titles may no longer be
presented to prove ownership. Therefore, the
fact that petitioners were in actual possession of
the property when they filed the complaint with
the RTC on April 29, 1996 does not exclude them
from the application of PD 892, and their Spanish
title remain inadmissible as evidence of their
ownership of the property, whether in a land
registration proceeding or in an action to remove
a cloud on or to quiet title. However, this does
not bar holders of Spanish titles from claiming
ownership of real property on some other basis,
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
of land ownership.
JUDGMENT is a decision of court constituting its
opinion after taking into consideration the evidence
submitted.
prove that he
shall be
declared public
(res judicata)
PATENTS
CLASSIFICATIO ND OF PU :
The classification is the exclusive prerogative
of executive and not by judiciary
Anyone who applies for confirmation of
fect title has the burden of proof to
UN
1
2
3
4. National park
T:
commercial, industrial
, charitable
lic and quasi-
2. enable
3.
d, it is void ab
ect to acquisitive prescription
for long time, it will
p
guration of
N OF LA BLIC DOMAIN
imper
overcome the presumption that the land sought
to be registered forms part of public domain
(Regalian doctrine)
DER THE CONSTITUTION:
. Agricultural only one subject to alienation
. Forest or timber
. Mineral lands
UNDER THE PUBLIC LAND AC
1. Alienable/disposable:
a. Agricultural
b. Residential,
c. Educational
d. Town sites and for pub
public uses
Timber lands: inali
Mineral lands: inalienable
If patent or title is issue
initio for lack of jurisdiction
It is not subj
even if in possession
not ripen into ownershi
Except: mineral lands and forest lands
acquired before inau
Commonwealth in November 15, 1935
because there are vested rights which
are protected
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FISHPOND
Befor
agricu
agricu fishponds did not change
character of land
has a restricted meaning; Fishponds
WHEN GRANT DEEMED
A
1.
2. Registered with the ROD: mandatory, it is the
tle
open and
sed to be part of public domain &
same
gistration, title is indefeasible
TITLE IS TION
OF PA E
1. In istered, and deemed
in after
the issuance of patent
se, confusion and uncertainty on the
ction, may direct reconveyance
HOMES
1. C
appro
2. Cann
years after approval of patent application
eirs within 5 years
4. , association
ecretary
EXCE
1.
2. favor of
the government
E
DELIC
Violation of prohibition results in void contract
S
e: It was included in the definition of
lture, therefore the conversion of
ltural land to
Now: It
have a distinct category and cannot be
alienated but may be leased from government
GOVERNMENT
CQUIRED BY OPERATION OF LAW:
Deed of conveyance issued by government
patent/grant
operative act to convey and transfer ti
3. Actual physical possession,
continuous
Land cea
now ownership vests to the grantee
Any further grant by Government on
land is null and void
Upon re
SUED PURSUANT TO REGISTRA
T NT:
defeasible when reg
corporated with Torrens system 1 year
2. May not be opened 1 year after entry by LRA
(otherwi
government system of the distribution of
public lands may arise and this must be
avoided)
Except: if it is annullable on ground of fraud,
then it may be reopened even after 1 year
because registration does not shield bad faith
The court, in the exercise of its equity
jurisdi
even without ordering cancellation of title
TEAD RESTRICTIONS:
annot be alienated within 5 years after
val of application for patent
ot be liable for satisfaction of debt within 5
3. Subject to repurchase of h
after alienation when allowed already
No private corporation, partnership
may lease land unless it is solely for
commercial, industrial, educational, religious or
charitable purpose, or right of way (subject to
consent of grantee and approval of S
of Environment & Natural Resources)
PTIONS:
Action for partition because it is not a
conveyance
Alienations or encumbrances made in
RRING HOMESTEADER NOT BARRED BY PARI
TO
Pari delicto rule does not apply in void
contracts
Action to recover does not prescribe
KINDS TO WHOM
GRANTED
REQUIREMENTS
HO S ME TEAD
PATENT
To any
Filipino
citizen over
the age of 18
years or
head of a
family
does not own
more than 12
hectares of land in
the Philippines or
has not had the
benefit of any
gratuitous
allotment of more
than 12 hectares
must have
resided
continuously for at
least 1 year in the
municipality where
the land is situated
must have
cultivated at least
1/5 of the land
applied for
FREE PATENT To any
natural born
citizen of the
Philippines
(filing ended
Dec. 31,
2000)
does not own
more than 12
hectares of land
has continuously
occupied and
cultivated, either
by himself or his
predecessors-in-
interest, tracts of
disposable
agricultural public
land for at least 30
years prior to
March 28,1990
paid real property
taxes on the
property while the
same has not
been occupied by
any person
grant will be
limited to 12
hectares only
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nd a
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SALES
PATENT
Citizens of
the
Philippines of
lawful age or
head of the
family may
purchase
public
agricultural
land of not
more than 12
hectares
To any
citizen of
legal age for
residential
purposes
to have at least
1/5 of the land
broken and
cultivated within 5
years from the
date of the award
(public auction)
shall have
established actual
occupancy,
cultivation, and
improvement of at
least 1/5 of the
land until the date
of such final
payment
for agricultural
lands suitable for
residential,
commercial or
industrial
purposes, patent
is issued only
after:
1.) full payment of
purchase price,
and
2.) completion of
the construction of
permanent
improvements
appropriate for
purpose for which
the land is
purchased (must
be completed
within 18 months
from date of
award)
does not own a
home lot in the
municipality in
which he resides
in good faith,
established his
residence on a
parcel of land of
public domain not
needed for public
service
not more than
1000 sq. m.
occupant must
have constructed
his house on the
land and actually
resided therein
no public auction
required
not subject to
any restriction
against
encumbrance or
alienation
SPECIAL
PATENT
To Non-
Christian
Filipinos
under the
Public Land
Act
Secretary of the
DILG shall certify
that the majority of
the non-Christian
inhabitants of any
given reservation
have advanced
sufficiently in
civilization
PROCEDURE FOR REGISTRATI
LANDS: IFEFI
1. Official issues
ON OF PUBLIC
an instrume ce
2. File
nt of conveyan
the instrument with RO
3. Instrument is to be entered
D
in books and
rument is only a contract between
conveyance if
and; evidence
4. Fee
owners duplicate to be issued
Inst
Government and private person and
does not take effect as
unregistered, it is registration which is
operative act of conveying l
of authority for ROD to register
s to be paid by grantee
r issuance 5. Afte of certificate of title, land is
med registered land within the purview of
Torrens system
dee
the
RESTRI CUMBRANCE
OF
1. L
is g alienated/encumbered,
except if in favor of the government, within 5
ga,
2.
3. ancipation patents
4. ncumbrances made by
in which the
CTION ON ALIENATION/EN
LANDS TITLED PURSUANT TO PATENTS:
ands under free patent or homestead patent
prohibited from bein
years from and after the issuance of the patent
or grant (Republic v. Heirs of Felipe Aleja
Sr., 393 SCRA 361 [2002])
Transfer or conveyance of any homestead after
5 years and before 25 years after the issuance
of the title without the approval of the DENR
Secretary
Lands acquired under em
issued to landless tenants and farmers must
not be alienated or encumbered within 10
years from issuance of the title
Conveyances and e
persons belonging to the non-Christian tribes
may be made only when the person making the
conveyance or encumbrance is able to read
and understand the language
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instrument or deed is written. If illiterate, must
be approved by the then Commissioner of
Mindanao and Sulu
RE OF TITLE TO PUBLIC LANDS
EYED: INDEFEASIBLE AND CONCLUSIVE
In absence of registration, title to public land is
not perfected and the
NATU
CONV
refore not indefeasible
In case of 2 titles obtained on same date, the
f
m
gistered first shall have preference
one procured through a decree of registration
is superior than patent issued by director o
lands
2 titles procured by one person: one fro
homestead patent, and one from judicial
decree and sold to 2 different persons, the one
who bought it for value and in good faith and
who re
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA
361 (2002)
A free patent obtained through fraud or
misre -year presentation is void. Furthermore, the one
prescriptive period provided in the Public Land Act
does not bar the State from asking for the reversion
of property acquired through such means.
Once a patent is registered and the corresponding
certificate of title issued, the land covered by them
ceases to be part of the public domain and becomes
private property. Further, the Torrens Title issued
pursuant to the patent becomes indefeasible a year
after the issuance of the latter. However, this
indefeasibility of a title does not attach to titles
secured by fraud and misrepresentation. Well-settled
is the doctrine that the registration of a patent under
the Torrens System does not by itself vest title; it
merely confirms the registrants already existing one.
Verily, registration under the Torrens System is not a
mode of acquiring ownership.
Therefore, under Section 101 of Commonwealth Act
No. 141, the State -- even after the lapse of one year
-- may still bring an action for the reversion to the
public domain of land that has been fraudulently
granted to private individuals. Further, this
indefeasibility cannot be a bar to an investigation by
the State as to how the title has been acquired, if the
purpose of the investigation is to determine whether
fraud has in fact been committed in securing the title.
Section 118 of Commonwealth Act No. 141
proscribes the encumbrance of a parcel of land
acquired under a free patent or homestead within five
years from its grant. The prohibition against any
alienation or encumbrance of the land grant is a
proviso attached to the approval of every application.
REMEDIES AVAILABLE TO AGGRIEVED PARTY
IN REGISTRATION PROCEEDINGS
MOTION TO
LIFT/SET ASIDE
ORDER OF DEFAULT
before judgment
FAME and with valid defense
under oath
MOTION FOR NEW
TRIAL
15 days from notice of
judgment
GROUNDS:
a. Fraud, accident, mistake,
excusable negligence
ry
could not have
against
c.
y
e
(FAME) which ordina
prudence
guarded
b. Newly discovered evidence
Award of excessive
damages, or insufficienc
of evidence to justify
decision, or that th
decision is against the law
APPEAL 15 days from notice of
judgment
To the CA/SC
RELIEF FROM
J UDGMENT
6 earns
of ju
was
0 days after petitioner l
dgment, but not more than
6 months after judgment
entered
REQUISITES:
a. FAME, with affidavit of
merit; in case of extrinsic
fraud, state that deprived o
heari
f
ng or prevented from
c.
appealing
b. After judgment
Person deprived of right is
party to case
PETITION FOR
REVIEW OF
REGISTRATION
DECREE
Within 1 year after entry of
dec tration ree of regis
it will not prosper if transferred
to innocent purchaser for value
GROUNDS:
a. actual or extrinsic fraud,
committed outside trial,
preventing petitioner from
presenting his side
b. fatal infirmity in the decision
for want of due process
c. lack of jurisdiction of the
court
REQUISITES:
a. Petitioner has a real and
dominical right
b. He has been deprived of
such right
c. Through actual or extrinsic
fraud
d. led within 1 The petition is fi
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year from the issuance of
the decree
e. The property has not been
passed on to an innocent
purchaser for value
ACTION FOR
RECONVEYANCE
av
not to innocent
by
land gly to
r
m entry
d within 10
aintiff in
hin 4 years from
ailable so long as property
yet passed
purchaser for value
aggrieved party, whose
was registered wron
another person
before issuance of decree, o
within/after 1 year fro
action in personam
if based on implied trust, it
must be institute
years, and imprescriptible if by
registered owner or his
children, co-heir, or pl
possession
if based on expressed trust
and void contract,
imprescriptible
if based on fraud, it must be
instituted wit
the discovery of the fraud
RECOVERY FOR
DAMAGES
REQUISITES:
a. Person is wrongfully
deprived of his land by
registration in name of
another (actual or
constructive fraud
b. No negligence on his part
c. Barred/ precluded from
bringing an action (after 1
year from decree)
d. Action for compensation
has not prescribed
ACTION FOR
COMPENSATION
FROM THE
ASSURANCE FUND*
REQUISITES:
The aggrieved party
sustained loss or d
a.
amage,
rein
, damage or
sioned
ation
c.
on in any
any
or is deprived land or any
estate or interest the
b. Such loss
deprivation was occa
by the bringing of the land
under the operation of the
Torrens system or arose
after the original registr
of the land
The loss, damage or
deprivation was due to
fraud, or any error,
omission, mistake, or
misdescripti
certificate of title or in
entry or memorandum in
the registration book
There was no negligen
on his part
He is barred or precluded
under the provisions of PD
1529 or under the
d. ce
e.
action for the
e
f.
f
is the
g.
provisions of any law from
bringing an
recovery of such land or th
estate or interest therein;
The action has not
prescribed: must be
instituted within a period o
6 years from the time the
right to bring such action
first occurred-which
date of issue of the
certificate of title
Execution first against
person responsible for
fraud; if insolvent, against
national treasury
CANCELLATION
SUITS
es are Where 2 certificat
issued to different persons
covering the same land, the
title earlier in date must
prevail, unless procured by
fraud or is jurisdictionally
flawed
The later title should be
declared null and void and
ordered cancelled
at It is the aggrieved party th
institutes the action
In case of non-registered
land, must be filed by the
OSG for cancellation of title
or reversion to State
n of Voiding or cancellatio
OCT does not affect
derivative TCTs if their
holders not given
opportunity to be heard and
defend their title
ANNULMENT OF
J UDGMENT
f
dies
n for
onger
lt of
May only be availed o
when the ordinary reme
of new trial, petitio
relief, or other appropriate
remedies are no l
available through no fau
the petitioner (Linzag v.
CA, 291 SCRA 304
[1998]).
REVERSION SUIT The objective is the
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cancellation of the
certificate of title and the
consequential reversion of
the land covered in the land
grant to the State
GROUNDS:
a. Violation of Sections
118, 120, 121 and 122
of the Public Land Act
(ex. alienation or sale of
homestead executed
within the 5 year
prohibitory period)
b. When land patented
and titled is not capable
of registration
c. tee to Failure of the gran
comply with conditions
imposed by law to
entitle him to a patent or
grant
d. When area is an
expanded area
e. When the land is
acquired in violation of
the Constitution (e.g.
land acquired by an
alien)
Indefeasibility of title,
prescription, laches, and
estoppel do not bar
reversion suits
QUIETING OF TITLE Bro remove clouds
erty
ent,
e, voidable
and may
title
may
tiff is
ught to
on the title to real prop
or any interest therein, by
reason of any instrum
record, claim,
encumbrance, or
proceeding which is
apparently valid or effective
but is in truth and in fact
invalid, effectiv
or unenforceable,
be prejudicial to said
(Art. 476, Civil Code)
An ordinary civil remedy
Aside from the registered
owner, a person who has
an equitable right or
interest in the property
likewise file such action
(Mamadsul v. Moson, 190
SCRA 82 [1990])
Imprescriptible if plain
in possession; if not, must
be brought within 10 yea
from loss of possession
rs
CRIMINAL ACTION inally The State may crim
prosecute for perjury the
party who obtains
registration through fraud,
such as by stating false
assertions in the sworn
answer required of
applicants in cadastral
proceedings (People v.
Cainglet, 16 SCRA 749
[1966] )
ASSURANCE FUND
State creates a fu of
persons injured by ts
due to the indefen title; following that
act of registration is operative act by which
tle
cate in name of owner or
re is yet no assessment, a sworn
he custody of the National
nual report of Treasurer to
WHO
1
oss of land. In short, he is
deprived of his land or interest therein
attributable to him
4.
LOS
FOLLO
2. rvey resulting in expansion of
area in certificate of title
nd for the compensation
divesting/cutting off of righ
sibility of
State transfers ti
It is created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to
land.
Upon entry of certifi
TCT, of 1% shall be paid to the ROD based
on assessed value of land as a contribution to
the assurance fund
If the
declaration of 2 disinterested persons on the
value of the land, subject to determination by
court, is required.
Money shall be in t
Treasurer who shall invest it until principal plus
interest aggregates to 500,000. The excess
shall be paid to the Assurance Fund and be
included in the an
Secretary of Budget
IS ENTITLED:
. Claimant must be owner, purchaser or
encumbrancer in good faith who suffered
actual damage by l
2. No negligence
3. Claimant is barred from filing action to
recover said land
Action to recover from assurance fund has
not prescribed
S/DAMAGES SHOULD NOT BE DUE TO
WING REASONS:
1. Breach of trust
Mistake in resu
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LOSS/DAMAGES SHOULD BE DUE TO THE
FOLLO S:
2. Registration of 3 persons as owner
5.
AG S
land due to
of ROD, etc:
nal Treasurer as defendants;
Sol-Gen must appear
uld also be
LIABILI
1. ate persons first
asurer who shall pay through the
assurance fund; thereafter Government shall
rogated to rights of plaintiff to go
MEASU
Amount to be recovered not limited to
500,000 which is maintained as standing
up for deficiency from
WH E
ASSUR
1.
perty lies or resident of plaintiff
2. Action prescribes in 6 years from time
nor, insane or imprisoned, he
PET
REGIST
1. L
s lost to
be filed by person in interest with ROD
urt is to
of
e statement, he can be charged with
2. ADV ERED LAND
s:
Lis pendens is a notice that property is in
at
right
re, it is
3.
DUP
the party must petition the court to compel
of title
n regarding the annulment of the
4. AM AND ALTERATION OF
ept in direct proceeding in
court; summary proceeding
e not
except by order of
not appear on
ased
or error was made in
4. een
5. ed owner has married
7. owner registered
WING REASON
1. Omission, mistake, misfeasance of
ROD or clerk of court
rd
3. Mistake, omission, misdescription in
4. certificate of title,
duplicate or entry in books
Cancellation
AIN T WHOM ACTION IS FILED:
1. Action due to deprivation of
mistake, negligence, omission
ROD and Natio
2. Private persons involved sho
impleaded
TY:
Satisfy claims from priv
2. When unsatisfied: secondarily liable is the
National Tre
be sub
against other parties or securities
RE OF DAMAGES:
Based on amount not greater than fair
market value of land
fund
If fund is not sufficient, National Treasurer is
authorized to make
other funds available to Treasury even if not
appropriated
ER AND WHEN TO FILE ACTION AGAINST
ANCE FUND:
Any court of competent jurisdiction: RTC in
city where pro
plaintiff actually suffered loss
3. If plaintiff is mi
has additional 2 years after disability is
removed to file action notwithstanding
expiration of regular period
ITIONS AND MOTIONS AFTER ORIGINAL
RATION:
OST DUPLICATE CERTIFICATE
Sworn statement that certificate i
Petition to court for the issuance of new
title
After notice and hearing, the co
order issuance of new title with
memorandum that it is issued in place
lost certificate (duplicate)
If fals
the complex crime of estafa through
falsification of public document
ERSE CLAIM IN REGIST
Different from lis pendens:
Lis pendens has no expiration period but
adverse claim is only for 30 day
litigation while adverse claim signifies th
somebody is claiming better
Recent ruling: adverse claim can only be
removed upon court order, therefo
considered to be the more permanent and
stable one as compared to lis pendens
PETITION SEEKING SURRENDER OF
LICATE TITLE
In voluntary and involuntary conveyances:
when the duplicate cannot be produced,
the surrender of duplicate certificate
to ROD
After hearing, the court may order issuance
of a new certificate and annul the old
certificate
The new certificate shall contain an
annotatio
old certificate
ENDMENT
CERTIFICATE OF TITLE
A certificate of title cannot be altered,
amended exc
Entries in registration books ar
allowed to be altered
court
Grounds:
1. New interest that does
the instrument have been created
2. Interest have been terminated or
ce
3. Omission
entering certificate
Name of person on certificate has b
changed
Register
6. Marriage has terminated
Corporation which
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land has dissolved and has not
conveyed the property within 3 years
itted in title
ghts or interest
a. Altera
b. Altera
of all
c. Altera ious mistakes
5.
tion of the instrument which is
ed in
its original form and condition, under the
same reproduced,
90])
tition with the RTC
es and on main
trance of municipality for at least
s before hearing
a is fatal
SOURC
RECON
1. FOR (in this order):
e
of title
rtgagees or
of said
sly issued by the ROD
be, which was the basis
e. or
thenticated
f.
2. FOR
a. c for
b.
by TCT and on file with
original had
c.
b. Adm
M
other force
determined by the
4. ve the
NOTES:
The law provides for retroactive application
thereof to cas
1989
When the duplica wner is lost,
oper petition is not reconstitution of title, but
after its dissolution
8. What corrections are perm
(which does not include lands included
in original; technical description as long
as original decree of registration will
not be reopened and ri
of persons not impaired; old survey
was incorrect; substitution of name of
registered owner)
tions which do not impair rights and
tions which impair rights: with consent
parties
tions to correct obv
RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE
The restora
supposed to have been lost or destroy
custody of ROD
Purpose: to have the
after proper proceedings in the same form
they were when the loss or destruction
occurred (Heirs of Pedro Pinote v. Dulay,
187 SCRA 12 [19
As consequence of war, the records have
been destroyed
When reconstituted, the new title have the
same validity as old title
Kinds:
a. Judicial
File a pe
To be published in OG for 2
consecutive issu
en
30 day
In rem proceedings
Court is to order reconstitution if it
deemed fit; and issue an order to
ROD
The lack of essential dat
ES OF JUDICIAL
STITUTION OF TITLE
OCT
a. Owners duplicate of the certificat
b. Co-owners, mo
lessees duplicate
certificate
c. Certified copy of such certificate,
previou
d. Authenticated copy of the decree
of registration or patent, as the
case may
of the certificate of title,
Deed of mortgage, lease,
encumbrance containing
description of property covered by
the certificate of title and on file
with the ROD, or an au
copy thereof indicating that its
original had been registered
Any other document which, in the
judgment of the court, is sufficient
and proper basis for reconstitution.
TCT
Same as sources a, b, and
reconstitution of OCT
Deed of transfer or other document
containing description of property
covered
the ROD, or an authenticated copy
thereof indicating its
been registered and pursuant to
which the lost or destroyed
certificate of title was issued
Same as sources (e) and (f) for
reconstitution of OCT
inistrative
ay be availed of only in case of:
1. Substantial loss or destruction
of the original land titles due to
fire, flood, or
majeure as
Administrator of the LRA
2. The number of certificates of
title lost or damaged should be
at least 10% of the total
number in the possession of
the Office of the ROD
3. In no case shall the number of
certificates of title lost or
damaged be less than 500,
and
Petitioner must ha
duplicate copy of the certificate
of title (RA 6732)
es 15 years immediately preceding
te title of the lando
the pr
one filed with the court for issuance of new title in
lieu of the lost copy
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SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owners duplicate of the certificate of title
b. Co-owners, mortgagees, or lessees
CO
royed
2. That no co-owners, mortgagors, or
d been issued
do not
nd addresses of the owners of
5.
may
6.
7.
rty have
reof has not
PUBLIC
PETITIO
N lished twice in
successive issues of the OG
f the
l
one at least 30 days prior to
duplicate of said certificate
NTENTS OF PETITION
1. That the owners duplicate of the certificate
of title had been lost or dest
lessees duplicate ha
3. The location, area and boundaries of the
property
4. The nature and description of the buildings
or improvements, if any, which
belong to the owner of the land, and the
names a
such buildings or improvements
The names and addresses of the (a)
occupants or persons in possession of the
property, (b) of the owners of the adjoining
properties and (c) of all persons who
have any interest in the property
A detailed description of the encumbrance,
if any, affecting the property
A statement that no deeds or other
instruments affecting the prope
been presented for registration, or, if there
be any, the registration the
been accomplished, as yet
ATION, MAILING AND POSTING IN
NS FOR RECONSTITUTION OF TITLE:
otice thereof shall be pub
Must be posted on the main entrance o
provincial building and of the municipa
building of the municipality or city where the
land is situated
To be sent by registered mail or otherwise, at
the expense of the petitioner, to every person
named in said notice
This should be d
the date of hearing.
MWSS 94 (1983) v. Sison, 124 SCRA 3
The publication of the petition in 2 successive issues
of the O service of the notice of fficial Gazette, the
hea g owners and actual occupants ring to the adjoinin
of the land, as well as posting of the notices in the
main entrance of the provincial and municipal
buildings where the property lies at least 30 days
prior to the date of the hearing, as prescribed by
Section 13 of the law (RA 26), are mandatory and
jurisdictional requisites If an order if
reconstitution is issued without any previous
publication as required by law, such order of
reconstitution is null and void. Even the publication of
the notice of hearing in a newspaper of general
circulation like the Manila Daily Bulletin, is not a
substantial compliance with the law because Section
13 specifies OG and does not provide for any
alternative medium or manner of publication.
Manila Railroad Company v. Moya, 215 Phil. 593
(1984)
Notice must be actually sent or delivered to parties
affected by the petition for reconstitution. The order
of reconstitution, therefore, having been issued
without compliance with the said requirement, has
never become final as it was null and void.
Puzon v, Sta. Lucia Realty and Development, Inc.,
353 SCRA 699 (2001)
Service of notice of the petition for reconstitution filed
under RA 26 to the occupants of the property, owners
of the adjoining properties, and all persons who may
have any interest in the property is not required if the
petition is based on the owners duplicate certificate
of title or on that of the co-owners, mortgagees, or
lessees.
Republic v. Sanchez, G,R, No. 146081, July 17,
2006
FACTS:
Sanchez sought for reconstitution of titles alleged to
have been destroyed by a fire which razed the Office
of the ROD in J une 1988. The reconstitution of the
title is based on Sanchezs duplicate title. They
submitted to the RTC a Report allegedly signed by
the Chief of the Reconstitution Division of the LRA
stating that the technical description of the lot does
not overlap previously plotted properties. Without
serving notices of the petition to adjoining owners,
the RTC then granted the petition for reconstitution.
After the decision became final, LRA submitted to the
Court another report claiming that the first report was
fake and recommends that the RTC set aside its
decision. LRA also claims that the notice of the
petition should have been served on adjoining
owners as one of the jurisdictional requirements
since the Authentic LRA Report found Sanchezs title
to be a fake title.
ISSUE:
Whether the trial court acquired jurisdiction over the
case
HELD:
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No. The source of the petition for reconstitution in
the case at bar was petitioners duplicate copies of
the TCTs. As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12 and 13.
Section 9 and 10 or RA 26 require that 30 days
before the hearing, (1) a notice be published in 2
successive issues of the OG at the expense of
the petitioner, and (2) such notice be posted at
the main entrances of the provincial building and
of the municipal hall where the property is
located. The notice shall state the following: (1)
the number of the certificate of title, (2) the name
of the registered owner, (3) the names of the
interested parties appearing in the reconstituted
certificate of title, (4) the location of the property,
and (5) the date on which all persons having an
interest in the property must appear and file such
claims as they may have.
In petitions for reconstitution where the source is the
owners duplicate copy, notices to adjoining owners
and to actual occupants of the land are not required.
But Puzon is not applicable here. There is no report
from a pertinent government agency challenging the
authenticity of the duplicate certificates of title
presented in Puzon.
Sections 12 and 13 of RA 26 must apply because
the owners duplicate is claimed by the LRA to be
spurious. The failure to meet any of the
necessary publication, notice of hearing and
mailing requirements did not vest jurisdiction of
the case to the court. Thus, the judgment
rendered by the RTC is void and will never
become binding or final as it is a nullity right from
the very start. It may be challenged at any time.
Feliciano v. Spouses Zaldivar, GR No. 162593.
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of TCT
No. T-17993 and reconveyance of the property
covered therein. The said title is registered in the
name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner of
a lot, part of which is that covered by the above TCT,
and with TCT No. 8502. It was originally leased to
Pio Dalman, Aurelios father-in-law. She attempted
to mortgage the lot to Ignacio Gil, but the mortgage
did not push through. She vehemently denies that
she and her uncle never executed a joint affidavit
confirming the sale, and that TCT No. 8502 was
never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil allegedly
purchased the property from Remegia, the sale of
which was evidenced by the joint affidavit of
confirmation of sale that Remegia and her uncle
purportedly executed before the notary public in
1965. Aurelio then filed a petition for the issuance of
a new owners duplicate copy of TCT No. T-8502
because when they asked Remegia about it, she
claimed it had been lost. A petition for partial
cancellation of the said TCT was granted and TCT
No. 17993 was issued in Aurelios name. They also
allege that they and their predecessors-in-interest
have been occupying the said property since 1947,
openly, publicly, adversely, and continuously or for 41
years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
The trial court correctly held that the CFI which
granted Aurelios petition for issuance of new
owners duplicate copy of TCT No. 8502 did not
acquire jurisdiction. It has been consistently held
that when the owners duplicate certificate of title
has not been lost, but is in fact in the possession
of another person, then the reconstituted
certificate is void, because the court that
rendered the decision had no jurisdiction.
Consequently, the issuance of TCT No. 17993 is
also void, emanating as it did from the void TCT
No. 8502 in Aurelios name. The indefeasibility of
a Torrens title does not apply where fraud
attended the issuance of the title, such as when it
was based on void documents.
6. REGISTRATION OF TRANSACTION
EVIDENCED BY LOST DOCUMENT
ROD is forbidden to effect registration of
lost or destroyed documents
y of lost
rt
OFFENSE
1. Larceny
2. Per :
3. Fraudulent procurement of certificate
Steps by interested parties:
1. Procure an authenticated cop
or destroyed instrument
2. Secure an order from cou
S IN LAND REGISTRATION:
jury false statement under oath
4. Forgery
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a. Forging of seal in ROD, name, signature or
t of ROD
tance in
ng
of the ROD is forged
5.
und that it is not
as f
SYSTEM OF REGISTRATION FOR
handwriting of any officer of cour
b. Fraudulent stamping or assis
stampi
c. Forging of handwriting, signature of
persons authorized to sign
d. Use of any document which an impression
of the seal
Fraudulent sale: sale of mortgaged property
er the misrepresentation
encumbered; deceitful disposition of property
ree from encumbrance
UNREGISTERED LANDS
System of registration for unregistered land
tary dealings
Now: it includes involuntary dealings
ts of 3
rd
effect to 3
rd
tem is also kept
er
defective, then registration is
under the Torrens System (Act 3344)
Before: covers volun
Effect: if prospective, it binds 3
rd
persons after
registration but yields to better righ
person prior to registration (limited
parties)
Reason: no strict investigation involved
Subsequent dealings are also valid if recorded
ROD keeps day book and a register, and an
index sys
Procedure:
1. Presentment of instrument dealing in
unregistered land
2. If found in order, regist
3. If found
refused writing his reason for refusal