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May Encarnina P. Gaoiran

LLB-II
(reproduce as it is, including my name. )

PD 1529: AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER
PURPOSES

Chapter 1: General Provisions

Sec. 1-2
Property Registration Decree
Nature: in rem; basis: Torrens system
RTC- 1) exclusive jurisdiction
a. over all applications for original registration of title lands, including improvements
b. over all petitions filed after original registration of title
2) power to hear and determine all questions arising upon such applications or petitions
Court via Clerk of Court- shall furnish the LRC within 5 days from the filing or issuance the following:
1. 2 certified copies of all
a. pleadings
b. exhibits
c. orders
d. decisions filed or issued in applications or petitions for land registration
Exception: stenographic notes
Sec. 2, Art. XII 1987 Constitution
agricultural lands- can be alienated
State- has full control and supervision of exploration, development and utilization of natural resources (EDU)
- may enter into co-production, joint venture, or production-sharing agreements
corporations/associations- 60% of the capital must be owned by Filipino citizens; can LEASE- not
exceeding 25 years, renewable for not more than 25 years
Others that can be granted:
1. rights of irrigation 3. fisheries
2. water supply 4. industrial uses

Purpose of the Torrens system

1. to quiet title to land
2. to put a stop forever to any question of the legality of the title; Exceptions- claims which were noted at the time
of registration, or which may arise subsequent thereto
3. to decree land titles that shall be final, irrevocable and undisputable
4. to relieve the land of the burden of known as well as unknown claims
5. to avoid possible conflicts of title to real estate
6. to facilitate transactions relative thereto
7. to dispense with the need of inquiring further

The title once registered cannot be:

1. impugned 4. modified
2. altered 5. enlarged
3. changed 6. diminished
Exception- some direct proceeding permitted by law
Registration- not a mode of acquiring ownership; merely evidence of such title over a particular property
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Advantages of the Torrens system

1. security 4. simplified ordinary dealings
2. reduced the cost of conveyances 5. affords protection against fraud
3. for brevity and clearness 6. restored to their just value many estates

Background of Torrens System of Registration

1. The Public Land Act (C.A No. 141)- Nov. 7, 1936
Act No. 926- First Public Land Act (in pursuant to Philippine Bill of 2902)
Act No. 2874- Second Public Land Act (Jones Law, 1919)
2. Land Registration Act (Act No. 496)- Nov. 6, 1902 effective Jan. 1, 1903
-created “Court of Land Registration”
-provides Assurance Fund- payment for the loss or damage sustained by any person who, without
negligence on his part, is wrongfully deprived of any land or interest therein on account of the bringing of the same
under Act or registration of any other persons as owner of the land.
3. The Cadastral Act (Act No. 2259)- Feb. 11, 1913
Director of Lands- ordered to make a survey
Solicitor General- shall institute registration proceedings
2x publication in successive issues of the Official Gazette
4. The Property Registration Decree (P.D No. 1529)- June 11, 1978
Aims
to update the Land Registration Act
to codify the various laws relative to registration of property
to facilitate effective implementation of said laws
Land Registration Authority- under the DOJ; actual repository of records relative to original registration

BP 129 Sec. 19(2)

RTC- all civil actions which involve the title to, or possession of, real property or any interest therein, AV= P20K
Metropolitan Manila- civil actions which AV= P50K
Exceptions (MTC, METC, MCTC)
a) forcible entry
b) lawful detainer
inferior court- MV= P15K

Sec. 34 Cadastral or Land Registration Cases

1. where the lot sought to be registered is not the subject of the controversy or opposition; or
2. where the lot is contested but it does not exceed P100K
how to ascertain? affidavit of the claimant, agreement, tax declaration

Registration Court- not divested of its jurisdiction by administrative act for the issuance of patent
homestead patent- does not finally dispose of the public or private character of the land as far as courts acting upon
proceedings in rem are concerned

Sec. 3
Gen. Rule: Spanish titles are no longer used as evidence of land ownership and may be lost via prescription
Exception: if recorded within 6 mos. from the date of effectivity of P.D No. 892- Aug. 16, 1976
Forms of Grants/ Concessions
1. royal grant 4. title by purchase
2. special grant 5. gratuitous title
3. title or adjustment title 6. possessory information title
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probate court - settles and liquidates the estate of deceased persons either summarily or via the process of
administration
-rules on whether or not the inventory of the estate properly included them for purposes of
distribution of the net assets of the estate of the deceased to lawful heirs.
Notes: 1) A merely appointed judge who did not try the case can decide the same provided that the record and the
evidence are all available to him and that the same were taken into consideration and thoroughly studied.
2) Registration of instruments affecting titled lands under Act No. 3244 ineffective against 3 rd persons.

Chapter 2: The Land Registration Commission and Its Registries of Deeds

Sec. 4
Aim of LRC- to have a more efficient execution of the laws relative to the registration of lands

Sec. 5

Officials and employees of the Commission- shall be appointed by the Sec. of Justice upon the recommendation
of LRC Commissioner
1. Commissioner- qualified member of the Philippine Bar; at least 10 yrs. of practice in the legal profession
2. Deputy Commissioner- SAME; salary- 3k/year- C’s salary
3. Special Assistant to the Commissioner
4. Chief Geodetic Engineer- 3,400/yr. – DC’s salary
5. Other Officials/ Employees of LRC, Registries of Deeds

Sec. 6

General Functions
A. Commissioner of Land Registration
1. issue decrees of registration pursuant to final judgments of the courts in land registration proceedings
and cause the issuance by the Register of Deeds of the corresponding certificates of title;
2. exercise supervision and control over all Registers of Deeds and other personnel of the Commission;
3. resolve cases elevated en consulta by, or on appeal from decision of, Registers of Deeds;
4. exercise executive supervision over all clerks of court and personnel of the RTC;
5. implement all orders, decisions and decrees promulgated re registration of lands an d issue subject to
the approval of the SOJ;
6. verify and approve subdivision, consolidation and consolidation-survey plans of properties titled under
Act No. 496 except those covered by P.D No. 957
B. Land Registration Commission
1. extend speedy and effective assistance to the DAR, Land Bank, et,al;
2. extend assistance to courts in ordinary and cadastral land proceedings;
3. central repository of records
Notes: The duty of LRA to issue decree is ministerial, hence it is not compellable by mandamus.
The LRA has no authority to represent the government in registration proceedings.

Sec. 7

Office of the Register of Deeds

-at least Register of Deeds for each province and one for each of city
- if it has a yearly average collection of more than 6k during the last 3 years: 1 Deputy Register of Deeds; if more
than 3k: one second Deputy Register of Deeds
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Secretary of Justice- shall define the official station and territorial jurisdiction of each registry upon the recommendation
of LRC

Registration- the entry of instruments or deeds in a book or public registry; Effect- constructive notice to all persons

Who must given priority between 2 buyers of the same immovable property registered under the Torrens system?
1. 1st registrant in good faith
2. 1st possessor in good faith
3. buyer who in good faith presents the oldest title

Sec. 8

Register of Deeds- shall be appointed by the President upon recommendation of the SOJ
Deputy Registers of Deed, et.al- shall be appointed by SOJ upon recommendation of the Commissioner of Land
Registration

Salaries
1. First Class Registries- 3k/yr-DC’s salry
2. Second Class Registries- 3k-400/yr- #!
3. Third Class Registries- 3k-400/yr-#2

SOJ upon recommendation of the Commissioner of Land Registration- shall cause the reclassification of Registries

Sec. 9

Qualifications of Registers of Deeds and Deputy Registers of Deeds

1. admitted to the practice of law
2. engaged in such practice for at least 3 years

Sec. 10

General Functions of Registers of Deeds

1. public repository of records of instruments affecting registered or unregistered lands and chattel mortgages
2. immediately register an instrument presented for registration dealing with real or personal property
3. see to it if said instrument bears the proper documentary and science stamps and that the same are properly
cancelled
4. if the instrument is not registrable- a) deny registration, b) inform the presentor of such denial via writing, c)
state ground, d) advise him of his right to appeal by consulta
Notes: A court of competent jurisdiction determines whether or not a document is valid.
Registration must first be allowed, and the validity or effect thereof litigated afterwards.
Doubtful questions shall be submitted to LRA for resolution.

When Register of Deeds may refuse registration

1. when there are several copies of the title but only one is presented with instruments to be registered;
2. when the property is presumed to be conjugal but the instrument of conveyance bears the signature of only one
spouse;
3. when there is a pending case in court where the character of the land and validity of the conveyance are in issue
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Sec. 11

Causes of Vacancy
1. absence 3. suspension
2. illness 4. inability to discharge duties
Order (Exception- if the SOJ designates another official to act temporarily in his place)
1. Deputy Registers of Deeds, 2nd Deputy Registers of Deeds
2. if none, Provincial or City Fiscal or any designated Assistant Fiscal
3. if newly-created province/city- Register of Deeds of the mother province

Sec. 12

index system- shall contain the names of all registered owners alphabetically arranged with the corresponding lands
registered in their name

Who: Register of Deeds

What: submit to the LRC monthly reports on collections and accomplishment
When: within 10 days after the month
What else: annual inventory of all titles and instruments in his Registry; When: at the end of December of each year

Sec. 13

Chief Geodetic Engineer - technical adviser of the LRC on all matters involving surveys
-shall be responsible for all plats, plants and etc.
- When: from the time he will be assigned by the LRC

Note: only the Lands Management Bureau has authority to approve original survey plans for registration purposes.

Chapter 3: Original Registration

Sec. 14

Who May Apply?

1. those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive
and notorious possession and occupation of alienable and disposable lands of the public domain under a bona
fide claim of ownership since June 12, 1945 or earlier;
2. those who have acquired ownership of private lands by prescription under the provisions of existing laws;
3. those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion
under existing laws;
4. those who have acquired ownership of land in any other manner provided for by law;
5. if the land is owned in common, all the co-owners shall file the application jointly
6. if the land has been sold under pacto de retro- the vendor a retro may file an application for the original
registration of the land, however if the period of redemption expired during the pendency of registration
proceedings, the vendee a retro can substitute him;
7. a trustee in behalf o his principal, unless prohibited by the instrument creating the trust

Note: Registration only confirms existing title.

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Laws governing land registration

1. Public Land Act (CA No. 141)- governs the judicial confirmation of imperfect or incomplete titles on the basis of
possession and occupation of alienable portions of the public domain in the manner and for the length of time
required by law.
2. Property Registration Decree (PD No. 1529)- codification of all laws relative to registration of property and
supersedes all other laws relative to registration of property.
3. Cadastral Act (Act No. 2259)- requires that the title to any lands be titled and adjudicated (it is the gov’t itself
who initiates the action)
4. Indigenous Peoples Rights Act (RA No. 8371)- recognizes the rights of ownership and possession of ICCs/IPs to
their ancestral domains and ancestral lands on the basis of native title

Notes:
 RA No. 9176 has extended period of filing to December 31, 2020.
 Land must be A and D land at the time the application for confirmation is filed
 A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and
jurisdiction of the cadastral court to register under Torrens system.
 Where applicant acquired a right to a government grant, the application is a mere formality.
 Compliance with all requirements for a government grant ipso jure converts land to private property.
 Without a judgment or order declaring the land to be public, its private character and the possessory information
title over it must be respected.
 A person who had been in OCEN possession and occupation of public agricultural land for a period of at least 10
yrs. prior to July 24, 1904 could petition for the confirmation of his title over the land he had so possessed and
occupied.
 Title is void where land is inalienable and may be cancelled even in the hands of an innocent purchaser for value.
 Land declared public land in a previous registration case may be the subject of judicial confirmation.
 Decision of the cadastral court declaring land as public land does not constitute res judicata; Rationale- it is not
the final decree contemplated in Sections 38 and 50 of the Land Registration Act.
 Application must conform to the reqt’s of the PRD.
 Burden of proof rests on applicant.

Requisites for availment of Chapter VIII

1. the applicant must be a Filipino citizen;
2. he must have, by himself or through his predecessors-in-interest, possessed and occupied an alienable and
disposable agricultural portion of the public domain
3. such possession and occupation must have been open, continuous, exclusive, notorious and in the concept of
owner, since June 12, 1945;
4. the application must be filed with the proper court
immemorial possession- possession of which no man living has seen the beginning and the existence of
which he has learned from his elders

Limitation to Ownership of Land by Corporation:

1. PRIVATE LANDS- At least 60% Filipino to acquire private land
-restricted as to extent reasonably necessary to enable it to carry out purpose which it was
created
-if agricultural: 1,024 ha.
2. PATRIMONIAL PROPERTY OF THE STATE- lease for 25 years renewable
-limited to 1,000 ha
-apply to both Filipino and foreign corporations
Corporation Sole- regardless of citizenship, qualified to apply for registration, may purchase and hold real
estate; created not only to administer the temporalities of the church or religious society where he belongs but also hold
and transmit the same to his successor in said office
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Hearing
RTC will hear applications for registration.

Director of Lands will appear as a party in such case.

Solicitor General will investigate all of the facts alleged in the application or otherwise brought to his attention.

Clerk of Court- shall certify whenever the judgment of confirmation or other decree of the court shall become
final to the Director of Lands, with a certified copy of the decree of confirmation or judgment of the court and the plan
and technical description of the land.
final decree of the court- basis for the original certificate of title in favor of the persons entitled to the property
under the property under the procedure prescribed in the PRD.

Prescription- one of the modes of acquiring ownership; ordinary prescription- 10yrs; extraordinary prescription- 30 yrs.
Ordinary Acquisitive Prescription- requires possession of things in good faith and with just title for the time fixed by law.
Requisites of Prescription:
1. the possession must be that of owner;
2. it must be public, peaceful and uninterrupted.
Computation: by tacking his possession to that of his grantor or predecessor-in-interest.
Actual Possession- consists in the manifestation of acts of dominion over it of such a nature as a party would naturally
exercise over his own property.
Constructive Possession- the possession and cultivation of a portion of a tract under claim of ownership, if the
remainder is not the adverse possession of another

Virtue of a License or mere tolerance on the part of real owner- not sufficient acts of possessory character

Prescription vs. Laches

fact/delay effects of delay
matter of time question of inequity
statutory NOT
applies at law applies in inequity
fixed time NOT

Requisites of Accession
1. the change must be sudden in order that the old river may be identified;
2. the changing of the course must be more or less permanent;
3. the change of the river must be a natural one;
4. there must be definite abandonment by the government;
5. the river must continue to exist
Requisites of Accretion
1. that the deposit must be gradual and imperceptible;
2. that it be made through the effects of the current of the water; and
3. that the land where the accretion takes place is adjacent to the banks of rivers.
Rationale- to compensate the riparian owner for the danger of loss that he suffers because of the
location of his land
Notes:
 Registration does not protect the riparian owner against the diminution of the area of his land through gradual
changes in the course of the adjoining stream.
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 Accretion does not automatically become registered land, hence the land may still be acquired through
prescription by 3rd persons.
 Alluvial formation along the seashore forms part of the public domain.
 bay- a part of the sea, being a mere indentation of the same
 The courts have no authority to declare the land no longer necessary for any public use or purpose as to become
disposable and available for private ownership.
 The occupation or material possession of any land formed upon the shore by accretion, without previous
permission from the proper authorities is illegal and is a mere detaoiner.
Gen. Rule: the adjoining registered owner of foreshore land cannot claim ownership thereof by right of
accretion; Exceptions: 1) if he has filed a revocable permit application with the Lands Management Bureau, 2) if they are
no longer needed for public use.
revocable permit application- temporary authority to occupy a foreshore land, upon payment
of permit fees, and cannot be used to acquire the land in full ownership.

Lands reserved for a specific public purpose by Presidential Proclamtion- not subject to entry, and no lawful settlement
on them can be acquired; Exception- if the reserved area was ceded and transferred in full ownership to someone
subject to existing concessions if any.

The Indigenous Peoples Rights Act (IPRA)- Oct. 29, 1997, RA No. 8371- allows indigenous people to obtain recognition
of their right of ownership over ancestral lands and ancestral domains by virtue of native title.
Basis: Section 5, Art. 12 of 1987 Constitution
Presumption of Native Title: 1) as far back as testimony or memory went, and 2) under a claim of private
ownership

Native Title vs. Acquisitive Prescription against the State

1) presupposes that the land has been held conversion of the character of the property
by his possessor and predeceessors-in- interest from alienable public land to private land
in the concept of an owner since time immemorial
2) pre-conquest rights to lands and domains which,
as far back as memory reaches, have been held
under a claim of private ownership by ICCs/IPs

Right- any interest in or title to an object, or any just and kegal claim ti hold, use and enjoy it.

Definition of terms

1. Indigenous Cultural Communities/ Indigenous People- refers to a group of people or homogeneous societies
identified by self-ascription and ascription by others, who have continuously lived as organized community or
communally bounded and defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural
inroads of colonization, non-indigenous religions and cultures, become historically differentiated from the
majority of Filipinos.
2. Ancestral Domains- refers to all areas generally belonging to ICCs/IPs comprising the following:
a. lands
b. inland waters
c. coastal areas
d. natural resources
held under a claim of ownership, occupied or possed by ICCs/IPs, by themselves or through their
ancestors, communally or individually, since time immemorial, continuously to the present
Exceptions:
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1. war
2. force majeure
3. displacement by
a. force
b. deceit
c. stealth
d. consequence of gov’t projects or any other voluntary dealings entered into by gov’t and
private individuals/corporations
3. Ancestral Lands- refers to land occupied, possessed and utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest
under claims of individual or traditional group of ownership…
Examples:
1. residential lots 4. swidden farms
2. rice terraces or paddies 5. tree lots
3. private forests
4. Native Title- refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have
been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus
indisputably presumed to have been held that way since before the Spanish Conquest.
5. Time Immemorial- refers to a period of time when as far back as memory can go, certain ICCs/IPs are known
to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by
operation of customary law or inherited from their ancestors, in accordance with their customs and
traditions.

Certificate of Ancestral Domain- where the formal recognition embodied which is solicited by ICCs/IPs concerned to
recognized their title over the territories identified and delineated.

Classification of Public Domains (Sec. 3, Art. XII of the 1987 Constitution):

1. agricultural 3. mineral lands
2. forest or timber 4. national parks

Importance of Specification of Areas Belonging to the Ancestral Domains: to ensure that no unnecessary
encroachment on private properties outside the ancestral domains will result during the delineation process.

“Private but community property”- merely descriptive of the indigenous people’s concept of ownership; communal
character- cannot be sold, disposed or destroyed because it was meant to benefit the whole indigenous community and
not merely the individual member.

Modes of Acquisition by ICCs/IPs

1. by native title over both ancestral land and domains
2. by Torrens title under the Public Land Act and PRD with respect to ancestral lands only

Land Registration Act 496- …agricultural in character and are actually used for agricultural, residential, pasture and tree
farming purposes, including those with a slope of 18% or more are classified as A & D agricultural lands; option to secure
certificate of title shall be exercised within 20 years from the approval of the IPRA (Oct. 29, 1997).

Section 8, IPRA- …includes the right to transfer land or property rights to members of the same group, subject to
customary laws and traditions.

Self-delineation- guiding principle in the identification and delineation of ancestral domains.

Proof of Ancestral Domain Claims:
1. Sworn Statement of the Elders
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2. agreements/pacts made with neighboring ICCs/IPs

3. tax declarations
4. proof of payment of taxes

official delineation of ancestral domain, census of all members of the community

Ancestral Domains Office shall prepare the following:

1. perimeter map
2. technical description
3. description of the natural features and landmarks

posting for at least 15 days in a prominent place and local, provincial and regional offices of NCIP

publication in a newspaper of general circulation once a week for 2 consecutive weeks

claimants shall file opposition within 15 days from the date of such publication
Note: broadcasting in a radio station/posting is sufficient in the absence of newspaper

within 15 days from publication and of the inspection process, ADO shall cause a parcellary survey of the
area being claimed

rejection: the ADO shall give the applicant conflicting claims among ICCs/IPs on the boundaries
due notice, copy furnished and all concerned, of the ancestral domain claims: the ADO shall cause
containing the grounds doe denial the contending parties to meet and assist them in
coming up with a preliminary resolution of the conflict.

prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient
proof (if insufficient- require submission of additional evidence)

issuance of the CADT

NCIP shall register said certificate before the Register of Deeds in the Place where the property is situated
Note: denial is appealable to the NCIP; preliminary resolution of the conflict must be w/o prejudice to its full
adjudication accdg. to Sec. 62 of the IPR; Director of Lands- shall represent the interest of the State

Resolution of conflicts
customary process- shall be followed if the dispute is between and/among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domain
decision of the NCIP- may be brought by a petition for review to the CA w/in 15dys from the receipt of a copy

Functions of Ancestral Domains Office (ADO)

1. shall be responsible for the identification, delineation and recognition of ancestral lands/domains
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2. …for the management of ancestral lands, domains in accordance with a master plan as well as the
implementation of the ancestral domain rights of the ICCs/IPs
3. shall issue, upon the free and prior informed consent of the ICCs/IPs concerned, certification prior to the grant
of any license, lease or permit for the exploitation of natural resources affecting the interest of ICCs/IPs or their
ancestral domains
4. shall assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains
5. shall perform such other functions as the NCIP may deem appropriate and necessary

Functions of National Commission on Indigenous Peoples (NCIP)

1. primary gov’t agency w/ch is responsible for the formulation and implementation of policies, plans and
programs to recognize, protect and promote the rights of ICCs/IPs
2. shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs,
traditions and institutions
3. has been granted administrative, quasi-legislative and quasi-judicial powers to carry out its mandate
Composition: 7 commissioners belonging to ICCs/IPs who are appointed by the President, at least two of
which shall be women.
Ethnographic Areas:
1. Region 1 and Cordilleras c. Romblon
2. Region II d. Panay
3. the rest of Luzon e. the rest of Visayas
4. Island Groups 5. Northern and Western Mindanao
a. Mindoro 6. Southern and Eastern Mindanao
b. Palawan 7. Central Mindanao

Sec.15

Forms and contents of the application for registration

Note: it must be in writing and signed by the applicant or person duly authorized
1. Full description of the land
a. survey plan duly approved by the Director of Lands
b. surveyor’s certificate
c. technical description
2. Citizenship and civil status of the applicant
a. single or married
b. if married, the name of the wife or husband
c. if the marriage has been legally dissolved, when and how the marriage relation terminated
3. Full names and addresses
a. all occupants of the land
b. adjoining owners, if known
c. of not known, it shall state the extent of the search made to find them
4. Assessed value of the land and the buildings and improvements theron
5. Whether or not there are mortgages or encumbrances of any kind whatsoever affecting the land, or any other
person having any interest therein, legal or equitable, or in possession, thereof
6. The manner by which the applicant has acquired the land
7. Whether or not the property is conjugal, paraphernal or exclusive property of the applicant
8. Names of all the occupants of the land, if any
9. Original muniments of title and other related documents supporting the applicant’s claim of ownership; and

10. If the land is bounded by public or private way or road

a. whether or not the applicant claims any and what portion of the land within the limits of the way or
road
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b. whether the applicant desires to have the line of the way or road determined

Muniments of title- instruments or written evidences which the applicant holds or possesses to enab;e him to
substantiate and prove title to his estate

FORM OF APPLICATION FOR REGISTRATION

1. shall be in accordance with the form prescribed in Sec. 15 of P.D No. 1529
2. that the application be
a. subscribed by the applicant or the person duly authorized in his behalf
b. sworn to before or any officer authorized to administer oaths for the province or city where the
application was actually signed
c. if there is more than one applicant, it shall be signed and sworn to by and in behalf of each
3. that the application and its accompanying papers be filed in triplicate
a. original- Clerk of Court
b. duplicate- LRA
c. triplicate- SolGen
4. that prior to the filing of the application, the applicant has furnished the Regional Executive Director of the DENR
with a copy of the application and its annexes

What to Accompany Application:

1. original plan in tracing cloth or Diazo Polyster film; Note: it is simply attached to the original record and retained
by the court for evidence; Purpose- to fix the exact or definite identity of a registered land
2. white or blue print copies of the plan
3. original and two copies of the technical descriptions; Note: it must not merely signed by the Geodetic Engr.
4. original and two copies of the Geodetic Engineer’s certificate or certification of the Regional Technical Director
5. certificate in triplicate of the Provincial, City or Municipal assessor of the assessed value of the land at its last
assessment; if not assessed- affidavit in triplicate of the market value of the land signed by 3 disinterest
witnesses
6. all original muniments of title; Note: not mandatory

Sec. 16

If the applicant is not a resident of the Philippines, he shall:

1. file with his application an instrument in due form
2. appoint an agent or representative residing in the Philippines
3. give his full name and postal address
4. agree that the service of any legal process in the proceedings under or growing out of the application made
upon his agent or representative shall be of the same legal effect as if made upon the applicant within the
Philippines
5. if the agent or representative dies or leaves the Philippines: make another appointment for the substitute;
failure to do so? = dismiss the application
Note: Non-resident applicant may be represented by an Attorney-in-fact.
Sec. 17

What to file?
1. application
2. all original muniments of titles or copies thereof
3. survey plan of the lands approved by the Lands Management Bureau
Where to file? RTC of the province or city where the land is situated
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Clerk of Court- shall not accept any application UNLESS it is shown that the applicant has furnished the Director of Lands
with a copy of the application and all annexes.

General Rule: RTC have the authority to act not only on applications for original registration but also on all petitions filed
after the original registration of title
Exception: Inferior courts may be assigned to handle original registration cases in the following instances:
1. where the lot is not the subject controversy or opposition; or
2. where the lot is contested but the value thereof does not exceed P100,000.00.

Notes:
1. Appeals from decisions of inferior courts in land registration cases are taken to CA.
2. Venue is procedural, hence may be waived.
3. Whoever first acquires title to a piece of land shall prevail.
4. The person who holding a prior certificate is entitled to the land as against a person who relies on a subsequent
certificate.
5. Date of the certificate of title
6. Lands Management Bureau- may verify and approve survey plans for original registration purposes
7. Director of Lands- has exclusive authority in the administration, management, survey and disposition of lands of
the public domain

Sec. 18

Notes:
1. An application may include two or more parcels of land belonging to the applicant/s provided they are situated
within the same province or city.
2. When to amend application: anytime
3. How to amend application?
a. by striking out one or more of the parcels; or
b. by a severance of the application

Sec. 19

What are allowed by the court at any stage of proceedings:

1. amendments to the application
2. joinder
3. substitution
4. discontinuance

Notes
1. If it involves inclusion of an additional land, publication and notice is required.
2. If during the pendency, the vendor failed to redeem the property at a given period, the vendee may continue
the proceedings in the case and finally obtain title as owner
3. If the amendment involves a reduction of the original area that was published, no new publication is required.
Sec. 20

When land applied for borders on road, the application shall state:
1. whether or not the applicant claims any
2. what portion of the land within the limits of the way or road
3. whether the applicant desires to have the line of the way or road determined

Sec. 21
 P a g e | 14

Notes:
1. Additional facts may be required to be stated in the application.
2. The court may also conduct an ocular inspection if necessary.

Sec. 22- does not require amendment of the application

Notes:
1. Land subject of registration is allowed to be dealt with after the filing of the application and before the issuance
of decree.
2. The applicant or the parties to the transaction may file the corresponding motion or manifestation, indicating
the relief desired.
3. In case of transfer of a portion of land, the corresponding subdivision plan, approved by the Director of Lands,
should be presented.
4. Upon notice to the parties, the court shall:
a. order the land registered subject to the conveyance or encumbrance created by such instruments, or
b. order that the decree of registration be issued in the name of the person to whom the property has
been conveyed.
5. Adjudication of land in a land registration or cadastral proceedings does not become final until after one year
from the entry of the final decree prepared by the Land Registration Authority.
6. The law does not require that the application for registration be amended by substituting the “buyer” or the
“person to whom the property has been conveyed” for the applicant.
7. Requirements
a. that the instrument be presented to the court by the interested party together with a motion that the
same be considered in relation with the application; and
b. prior notice be given to the parties of the case.
8. A motion to lift order of general and motion under Sec. 22 may not be filed after the finality of the judgment in
the registration case.

Sec. 23

Who: court
What: issue an order setting the date and hour of the initial hearing which shall not be earlier than 45 days nor
later than 90 days from the date of the order
When: within 5 days from the filing of the application

Means of Notice:
1. Publication
a. once in the Official Gazette
b. once in a newspaper of general circulation in the Philippines
i. Exception: if the OG shall be sufficient to confer jurisdiction upon the court
c. to whom it will be addressed:
i. all persons appearing to have an interest on the land involved
ii. adjoining owners
iii. to whom it may concern
d. Requisites:
i. all persons concerned shall appear in court at a certain date and time
ii. show cause why the prayer of said application shall not be granted
2. Mailing
When? 7 days after the publication in the OG of the notice of initial hearing
Who? LRA Administrator
 P a g e | 15

To whom?
a. …to persons named in the application- within 7 days after the publication of notice in the OG
b. If the applicant request to have the line of a public way or road determined
i. Secretary of Public Works and Highways
ii. the Provincial Governor; and
iii. Mayor
c. If the land
i. borders on a river
ii. navigable stream or shore,
iii. on an arm of the sea where a river or harbor line has been established
iv. lake
v. adverse claim of tenant-farmer or national government
1. Secretary of Agrarian Reform
2. Sol Gen
3. Director of Lands
4. DPWH
5. Director of Forest Development
6. Director of Mines
7. Director of Fisheries and Aquatic Resources
3. Posting
a. Who?
i. sheriff of the province or the city
ii. deputy
b. Where?
i. conspicuous place on each parcel of land included in the application
ii. conspicuous place on the bulletin board of the municipal building of the municipality or city in
which the land or portion is situated
c. When?
i. 14 days at least before the date of initial hearing

Form of Notice of Initial Hearing (pp. 154-155)

1. signed by the judge
2. copy of the notice is mailed by the clerk of court to the LRA

Notes:
1. A party to an action has no control over the Administrator or the Clerk of Court acting as land court.
2. Purpose of Publication
i. to confer jurisdiction upon court over the res
ii. to apprise the whole world of the pending registration case
3. A party as an owner seeking the inscription of realty in the land registration court must prove by satisfactory and
conclusive evidence not only his ownership thereof but the identity of the same.
4. Before the claimed property is taken from the concerned parties and registered in the name of the applicant,
said parties must be given notice and opportunity to oppose.
5. Publication in the OG does not dispense with the requirement of notice by mailing and posting.
6. Lack of personal notice does not vitiate the proceedings unless required by the court.
7. Purpose of notice by all 3 modes- to strengthen the Torrens system and to prevent anomalous titling of real
property.
8. The right of the land registration court to correct an error of closure is authorized by law, provided such
correction does not include land not included in the original petition.
9. Effect of non- or defective publication- void decision of the land registration court
 P a g e | 16

10. When the court a quo lacks jurisdiction to take cognizance of the case, the same lacks authority over the whole
case and all its aspects.
11. Role of the SolGen
i. represent the Gov’t in all land registration and related proceedings;
ii. institute actions for the reversion to the Gov’t of lands of the public domain and improvements thereon as
well as lands held in violation of the Constitution;
iii. deputize any provincial or city fiscal to assist him in the performance of any function or discharge any duty
incumbent upon him
iv. to protect the interest of the gov’t and not that of any particular government official or agency
12. Rights of the SolGen
i. withdraw the gov’ts appeal with binding effect;
ii. entitled to be furnished copies of all courts, orders, notices and decisions;
iii. the reglementary period for appel should be reckoned from the time he is apprised f the decision or order
of the court

Sec. 24

Note: Certification of the LRA and sheriff as to publication, mailing and posting is conclusive.

Sec. 25

Requisites for opposing application:

1. the oppositor must have an interest in the land applied for;
2. he should state the grounds for his objection as well as the nature of his claimed interest;
3. he should indicate the desired relief; and
4. the opposition should be signed and sworn to by him or by his duly authorized representative

Persons who may file opposition:

1. a homesteader who has not yet been issued his title but has fulfilled all the conditions req’d by law for the
issuance of the patent;
2. a purchaser of friar land who is deemed to have an equitable title to the land even before the issuance of the
patent;
3. an awardee in a sales application who, by virtue of the award, is authorized to take possession of the land to
enable him to comply with the reqt’s for the issuance of patent;
4. a person claiming to be in the possession of the land and has applied with the Lands Management Bureau for its
purchase

Notes:
1. Unverified oppositions are sufficient provided that the oppositors verify them later on.
2. Written appearance with opposition is also sufficient.
3. Nature of interest to support opposition- right of dominion or some other real right opposed to the
adjudication or recognition of the ownership of the applicant.
4. It is immaterial if the oppositor cannot show title or legal character provided that he appears to have an interest
in the property,.
5. Owner of the bldgs. and improvements should claim them during the proceedings for registration and the fact of
ownership, if upheld by the court, must be noted on the face of certificate.
6. Effect of failure to file opposition within a period of 1yr after the cert. of title had been issued- deemed to
have lost his right in said land even granting that he had any right therein.
7. Private persons may not file opposition for the gov’t. eg. foreshore lessee
8. Opposition by the Gov’t
a. Director of Lands or Director of Forestry- public oppositor
 P a g e | 17

b. Burden of Proof- applicant

c. If not initiated by the SolGen, the actions filed shall be dismissed.
9. Absence of opposition by the gov’t does not justify outright registration. The applicant must show that he is the
absolute owner, in fee simple.
10. Failure to appear on the day of initial hearing is not a ground for default where opposition or answer had been
filed.
11. Government may appeal despite failure of agency to file opposition; Rationale- the gov’t is usually not stopped
by the mistake or error of its officials or agents.
12. Motion to dismiss is proper in a registration proceeding. That both courts should have equal jurisdiction is not a
requisite of res judicata.

When to Submit Subdivision Plan:

1. if the opposition or adverse claim covers only a portion of the lot applied for which is not delimited on the plan
accompanying the application;
2. in cases of:
i. undivided co-ownership
ii. conflicting claims of ownership or possession
iii. overlapping of boundaries

Sec. 26

General Default- if no person appears and answers within the time prescribed; Order of General Default-
addressed to the whole world, interlocutory in character, may be modified or amended as the court may deem proper at
any time prior to the rendition of final judgment.
Special Default- party appears at initial hearing without having filed an answer but failed to do so within period
allowed; Order of Special Default- directed only against those who did not enter their appearance and file answer.

Notes:
1. A declaration of default does not guarantee that the application for registration will be granted.
2. The motion to lift the order of general default should be filed before the entry of final judgment.
3. A motion to set aside the order of default filed prior to the rendition of the judgment on the merits should be
considered with liberality; Exception- 5 yrs. after the default order had been entered
4. Effect of order of default- binding against the whole world; Exception- parties who had appeared and filed
pleadings in the registration case.
5. A party in default cannot:
i. appear in court, adduce evidence, be heard, or be entitled to notice
ii. appeal from the judgment rendered by the court; Exception- if he files a motion to set aside the order of
default under the following grounds:
1. fraud
2. accident
3. mistake
4. excusable negligence
5. meritorious defense
6. Government is not stopped by the mistake or error of its agents.

Sec. 27

Who conducts hearing:

1. RTC (within 90 days from the date the case is submitted for decision)
2. Refer to referee- commissioner (within 15 days after the termination of hearing)
 P a g e | 18

Procedure in Land Registration Case:

1. survey of land by Bureau of lands or duly licensed private surveyor
2. filing of application for registration by applicant
3. setting of date of initial hearing of application by RTC
4. Clerk of Court transmits to LRA the application, date of initial hearing and pertinent documents
5. publication of notice of filing of application, date and place of hearing- in OG and in newspaper of general
circulation
6. service of notice- contiguous owners, occupants and those who have interest in property
7. filing of answer or opposition to application
8. hearing of case by RTC
9. promulgation of judgment by court
10. issuance of decree by RTC- decision; Instruct LRA to issue decree of confirmation and registration
11. entry of decree of registration in Land Titles Administration
12. send copy of decree to Register of Deeds
13. transcription of decree of registration in registration book and issuance of the owner’s duplicate original certificate
of title of the applicant by the LRA- upon payment of prescribed fees

I. CITIZENSHIP REQUIREMENT
Notes:
1. The Krivenko doctrine: aliens disqualified from acquiring public and private lands. Rationale- to insure the policy
of nationalization. Exception- legal succession
2. Acquisition of agricultural lands of the public domain is limited to Filipino citizens. A natural born citizen of the
Philippines who has lost his citizenship may be a transferee of private lands, subject to limitations provided by
law.
3. No land exceeding 144 ha. acquired in the following manner shall be transferred, assigned or leased to any
individual:
i. free patent
ii. homestead
iii. individual sale
4. If the person not legally capacitated to acquire lands and improvements failed to alienate such within 5 years,
the property shall revert to the Gov’t.
5. Gen. Rule: Private corporations may not hold alienable lands of the public domain; Exception: lease
6. General Rule: Who may acquire private lands?
i. Filipino citizens- limited to 12 ha.; lease- 500 ha.
ii. Filipino corporations and associations
Exceptions:
i. aliens; Exception- hereditary succession; virtual transfer of ownership- an option to buy, a piece of land,
by virtue of which the Filipino cannot sell or otherwise dispose of his property, this to last for 50 years.
ii. a natural born citizen of the Philippines who has lost his citizenship
iii. private corporations; Exception- lease for 25 yrs renewable, not to exceed 1,000 ha.
7. Qualification is determined as of the time the right to own property is acquired and not the time to register
ownership.
8. A corporation sole may acquire and register private agricultural land.
9. Corporation sole- e.g. Roman Catholic Church, Roman Catholic Administrator of Davao, Inc.
a. consists of one person only
b. vested with the right to purchase and hold real estate and to register the same in trust for the faithful
members of the religious society or church for which the corporation was organized
c. it has no nationality
d. merely an administrator
e. the properties pass, upon his death to his successor in office
10. Corporation aggregate- an unregistered organization operating through trustees who are non-Filipinos
 P a g e | 19

11. Land acquired by an American citizen in 1945 can be registered under the Ordinance appended to the 1935
Constitution: Until the final withdrawal of the US over the Philippines, citizens and corporations of the US shall
enjoy all the same civil rights as Philippine citizens.
12. Lands sold to an alien which is now in the hands of a Filipino may no longer be annulled.
13. Can a Filipino vendor recovered land sold to an alien? No, if the Filipino vendor was in pari delicto with the
alien vendee EXCEPT when the agreement is not illegal per se but is merely prohibited.
14. Area limitation that may be acquired by a natural-born citizen under Sec. 8, Art. XII
a. urban land- 5,000 sq.m
b. rural land- 3ha.
c. if married couples, one of them may avail of the privilege; if both- the total area acquired shall not
exceed the maximum fixed

II. CLASSIFICATION OF PUBLIC LANDS

Notes:
1. Only A and D lands may be the subject of disposition.
a. Public Land Act- lands of public domain
b. special laws- timber and mineral lands
2. Sec. 6. The President, upon the recommendation of the Secretary of DENR, shall from time to time classify the
lands of the public domain into-
i. alienable or disposable
ii. timber, and
iii. mineral lands
3. Sec. 9. Classification of Lands According to the Use or Purposes
i. agricultural
ii. residential, commercial, industrial or for similar productive purposes
iii. educational charitable, or other similar purposes
iv. reservations for town-sites and for public and quasi-public uses
4. Sec. 10. Methods Authorized by Public Land Act
i. alienation
ii. disposition
iii. concession
5. Government land- includes not only public land but also other lands of the government already reserved or
devoted to public use or subject to private right; public lands or public domain- said lands as are thrown to
private appropriation and settlement by homestead and other like general laws
6. A survey made in a cadastral proceeding merely identifies each lot preparatory to a judicial proceeding for
adjudication of title to any of the lands upon claim of interested parties.
7. The adverse possession which may be the basis of a grant of title in confirmation of imperfect title cases applies
only to alienable lands of the public domain.
8. General Rule: Any person seeking to establish ownership over land must conclusively show that he is the owner.
Exception: Where there is sufficient evidence on record which shows that the parcel of land applied for is
alienable and disposable and has been in the possession of the applicants and their predecessors-in-interest
since time immemorial, it becomes the duty of the government to demonstrate that the land is forest land.
9. The Director of Forestry should submit to the Court convincing proof that the land is not more valuable
agricultural than for forest purposes.
10. A mere formal opposition on the part of the Attorney-General for the Director of Forestry, unsupported by
satisfactory evidence, will not stop the courts from giving title to the claimant.
11. Government may, by reservation, decide for itself what portions of public land shall be considered forestry land,
unless private interests have intervened before such reservation is made.
 P a g e | 20

III. NON-REGISTERABLE PROPERTIES

Public Dominion:
1) Those intended for public use, such as
a. roads
b. canals
c. rivers
d. torrents
e. ports
f. bridges
constructed by the
i. State
ii. banks
iii. shores
iv. roadsteads
v. other of similar character
2) Those which belong to the State, without being for public use, and are intended for some public service or for
the development of the national wealth.

Notes:
1. Land intended for public use or service not available for private appropriation.
2. The President has the authority to classify alienable or disposable lands of the public domain.
3. A property continues to be part of the public domain, not available for private appropriation or ownership until
there is a formal declaration on the part of the Government to withdraw it from being such.
4. Property of Provinces, Cities and Municipalities
i. public use
 provincial roads  fountains
 city streets  public waters
 municipal streets  promenades
 squares  public works for public service paid for by
said provinces, cities and municipalities
ii. patrimonial property
5. Land may be alienated when declared no longer needed for public use or service.
6. General Rule- Alienable lands of the public domain held by the government entitles under Section 60 of CA No.
141 remain public lands; Exception- if authorized by the Congress; Exception to Exception- sale to private
corporations
7. Land titled in the name of government entities form part of the public domain.
8. Sec. 85 of PD No. 1529 authorizes the Register of Deeds to issue in the name of the national government new
certificates of title covering such expropriated lands.
9. Forest- large tract of land covered with a natural growth of tees and underbrush, a large wood.
10. If the land forms part of the public forest, possession thereof, however long, cannot convert it into private
property as it is within the exclusive jurisdiction of the Bureau of Forest Development and beyond the power
and jurisdiction of the registration court.
11. If somehow forest land happens to have been included in a Torrens Title, the title is null and void insofar as that
forest land is concerned. It cannot be the subject of registration proceedings since it forms part of the
inalienable portion of the public dominion.
12. Conversation of natural resources must be given importance.
13. Classification of land is descriptive of its legal nature, not what it actually looks like.
14. grant of timber licenses- it is only a license or privilege which terms and conditions of this license are subject to
change at the discretion of the Director of Forest Development, and that this license may be made to expire at
an earlier date, when public interests so require.
 P a g e | 21

15. Mangrove Swamps- mud flats, alternately washed and exposed by the tide, on which grows various kindred
plants which will not live except when watered by the sea, extending their roots deep into the mud and casting
their seeds, which also germinate there.
16. Bureau of Fisheries- has no jurisdiction to dispose of swamplands or mangrove lands forming part of the public
forests, and therefore, not subject to disposition.
17. Mineral Lands- any area where mineral resources are found; mineral resources- any concentration of mineral/
rocks with potential economic value.
18. Philippine Mining Act provisions on FTAA are valid.
19. Possession of mineral land does not confer possessory rights.
20. While a lode locator acquires a vested right by virtue of his location made in compliance with the mining laws,
the fee remains in the government until patent issues.
21. Ownership of land does not extend to minerals underneath; hence the State must pay just compensation for the
loss sustained by such owner.
22. Land cannot be partly mineral and partly agricultural.
23. National Parks- Where a certificate of title covers a portion of land within the area reserved for park purposes,
the title should be annulled with respect to said portion.
24. Military or Naval Reservation- cannot be the object of registration.
25. Foreshore lands- that strip of land that lies between the high and low water marks and that are alternatively
wet and dry according to the flow of tide. Submerged areas- those permanently under water regardless of the
ebb and flow of the tide.
26. Development of the law governing foreshore or reclaimed lands
i. Spanish Law of Waters of 1866- Land reclaimed from the sea belonged to the party undertaking the
reclamation, provided the government issued the necessary permit and did not reserve the ownership of
the reclaimed land to the State.
ii. Act No. 1654 (May 8, 1907)- Private parties could lease lands reclaimed by the government only if these
lands were no longer needed for public purpose.
iii. Act No. 2874, Public Land Act (Nov. 29, 1919)- The Governor-General is empowered to declare what lands
are open to disposition or concession.
 residential
 commercial
 industrial
 other productive non-agricultural purposes
iv. CA No. 141, Public Land Act (Nov. 7, 1946)
27. The State policy prohibits the sale to private parties of the government reclaimed, foreshore and marshy
alienable lands of public domain.
28. Sec. 60, CA No. 141- Congressional authority is required before lands under Sec. 59, which the government
previously transferred to government units or entities, could be sold to private parties; Rationale- exempts
government units and entities from the maximum area of public lands that could be acquired from the State.
29. Land invaded by the sea is foreshore land and belongs to the State.
30. Laws governing reclamation
i. RA No. 1899 (June 22, 1957)- authorized the reclamation of foreshore lands by chartered cities and
municipalities.
 wharves
 piers and embankments cannot be sold or leased
 roads
 parks
 other public improvements
31. special fund- shall accrue in the first instance to the sinking fund
ii. PD No. 3-A (Jan. 11, 1973)- the reclamation of areas under water, whether foreshore or inland, shall be
limited to the National Government or any person authorized by it under a proper contract.
 P a g e | 22

32. The Public Estates Authority (PD No. 1084, Feb. 4 1977)
i. designated by the national government’s implementing arm to undertake “all reclamation projects of
the government”
ii. empowered to hold lands of the public domain even in excess of the area permitted to private
corporations by statute
iii. tasked under its charter to undertake public services that require the use of lands of the public domain
iv. shall be primarily responsible for integrating, directing and coordinating all reclamation projects and on
behalf of the National Government.
v. Note- legislative authority is required so that PEA can sell these lands
33. Two Official Acts of PEA
i. a classification that these lands are alienable or disposable and open to disposition
ii. these lands are not needed for public service
34. Any title issued over non-disposable lots (eg. lakes), even in the hands of an alleged innocent purchaser for
value, shall be cancelled.
35. National Economic Development Authority (NEDA)-
i. has exclusive jurisdiction to issue permits for the use of lake waters for any projects or activities in or
affecting the said lake, including navigation, construction and operation of:
 fishpens
 fish enclosures
 fish corrals
ii. to impose necessary safeguards for lake quality control and management and to collect necessary fees
for said activities and projects
36. Area beyond the natural bed of the Laguna de bay may be registered; highest ordinary depth- highest depth of
the waters of Laguna de Bay during the dry season, such depth being the “regular, common, natural, which
occurs always or most of the time during the year.
37. Land is not part of the lake bed since it is not covered by the waters of the lake at their “highest ordinary depth”
and it is registrable as private property.
38. The provisions of the Law of Waters regulating the ownership and use of the waters of the sea are not applicable
to the ownership and use of lakes, which are governed by special provisions.
39. Navigable rivers- may not be acquired under a free patent and the issuance of the corresponding certificate of
title does not change its public character.
40. RA No. 2056- authorizes removal of unauthorized dikes or obstructions on public navigable streams as “public
nuisances or as prohibited constructions.
41. Creek- recess or arm extending from a river and participating in the ebb flow of the sea
42. The President shall have the power to:
i. reserve for settlement or public use, and for specific public purposes, any of the lands of the public
domain, the use of which is not otherwise directed by law;
ii. reserve them from sale or other disposition and for specific public uses or purposes

Water Code of the Philippines

1. STATE
i. rivers and their natural beds;
ii. continuous or intermittent waters of springs and brooks running in their natural beds and the beds
themselves;
iii. natural lakes and lagoons;
iv. all other categories of surface waters
v. atmospheric water
vi. subterranean or ground waters; and
vii. seawater
2. PRIVATE LANDS BELONG TO THE STATE
i. continuous or intermittent waters rising on such lands;
 P a g e | 23

ii. rain water falling on such lands;

iii. subterranean or ground waters; and
iv. water in swamps and marshes

IV. SPECIFIC EVIDENCE OF OWNERSHIP

Notes:
1. The classification of public lands is an exclusive prerogative of the executive department.
2. recknoning point- June 12, 1945; a private corporation may apply for judicial confirmation of the land without
need of a separate confirmation proceeding for its predecessors-in-interest
3. Classification of agricultural public land as alienable and disposable reckoned at the time of filing application for
registration.
4. Regalian doctrine should be applied with due regard to the provisions on social justice.
5. Evidences which are deemed sufficient to establish classification of land as A and D land:
i. certification of the Bureau of Forest Development;
ii. land classification map;
iii. executive proclamation withdrawing from a reservation a specific area and declaring the same open for entry,
sale or the same open for entry, sale or other mode of disposition;
iv. legislative act or executive proclamation reserving a portion of the public domain for public use or quasi-public
use, which amounts to a transfer of ownership to the grantee;
v. report of a land inspector of the Bureau of Lands that the subject land was found inside an “agricultural zone”
6. Evidences which are deemed insufficient:
i. mere recommendation of the District Forester for release of subject property from the unclassified region;
ii. conversion of subject property into a fishpond by the applicants , or alleged titling of properties around it
iii. existence of a survey plan of mangrove swamps approved by the Director of Lands
iv. cadastral survey of a municipality- merely identifies each lot preparatory to a judicial proceeding for
adjudication of title to any of the lands upon claim of interested parties
v. certifications made by minor functionaries who have no authority whatever in the classification of public lands
7. The courts of justice have no right to encroach on the prerogatives of the legislative and executive officials
provided that it has not been shown that they have acted without or in excess of jurisdiction or with grave abuse
of discretion.
8. Errors in the plans and reproduced in the certificate of title do not annul the decree of registration.
9. LRA has no authority to approve survey plans for original registration purposes.
10. Sec. 1858. Private land surveys- made by private land surveyors, must be approved by Director of Lands
11. Sec. 1859. Procedure incident to making of survey notice to adjoining owners
i. make surveys
ii. prepare maps and plats of property
iii. give due notice in advance to the adjoining owners
iv. report all objections to the boundaries of the properties to be surveyed
12. Sec. 1860. Demarcation of boundaries- …need not be suspended because of the presentation of any complaint
or objection
13. Submission of tracing cloth plan is a statutory requirement of mandatory character; purpose- to fix the exact or
definite identity of the land as shown in the plan and technical descriptions
14. It is not the function of the LRC to check the original survey plan as it has no authority to approve original survey
plans.
15. LRA Circular No. 05-2000, March 8 2000- what need be forwarded to the LRA is only a certified copy of the
tracing cloth or Diazo polyster film as approved by the Regional Technical Director.
16. The fact that the original survey plan was recorded on white print or blue print instead of tracing cloth should
not detract from the probative value thereof.
17. tracing cloth plan- assumes great importance where there is a discrepancy between the area of the land
described on the survey plan and the area claimed by applicant
 P a g e | 24

18. What defines a piece of land is not the area but the boundaries thereof. An error as to the superficial area is
immaterial.
19. Natural boundaries must be certain.
20. The rule of preference in case of conflict or dispute regarding possession:
i. the present possessor shall be preferred;
ii. if there are two possessors, the one longer in possession;
iii. if the dates of the possessions are the same, the one who presents a title;
iv. if both possessors have titles, the court shall determine the rightful possessor and owner of the land
21. possessory information- ineffective as a mode of acquiring title under Act Mo. 496, may still be lost by
prescription
22. Requisites for filing of application:
i. that the property in question is alienable and disposable land of the public domain;
ii. that the applicants, by themselves or through their predecessors-interest, have been in OCEN possession and
occupation, and;
iii. that such possession is under a bona fide claim of ownership since June 12, 1945, or earlier
23. General Rule: The factual findings of the CA are binding and conclusive upon the Court.
Exceptions:
i. when the findings are grounded entirely on speculation, surmises or conjectures;
ii. when the inference made is manifestly mistaken, absurd or impossible;
iii. when there is grave abuse of discretion;
iv. when the judgment is based on a misapprehension of facts;
v. when the findings of facts are conflicting;
vi. when in making its findings, the CA went beyond the issues of the case, or its findings are contrary to
the admissions of both appellant and the appellee;
vii. when the findings are contrary to the trial court;
viii. when the findings are conclusions without citation of specific evidence on which they are based;
ix. when the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not
disputed by the respondent;
x. when the findings of fact are premised on the supposed absence of evidence and contradicted by the
evidence on record; and
xi. CA manifestly overlooked certain relevant facts not disputed by the parties, which if properly
considered, would justify a different conclusion.
24. Mere casual cultivation is not possession under claim of ownership.
25. Overt acts of possession- consist in introducing valuable improvements on the property such as:
i. fruit-bearing trees
ii. fencing the area
iii. constructing a residential house thereon
iv. declaring the same for taxation purposes
26. The applicant must present specific acts of ownership to substantiate the claim and cannot just offer general
statements which are mere conclusions of law than factual evidence of possession.
27. Possession arising from a tax delinquency sale is valid.
28. Tax declarations, tax receipts may not prevail as proof of “adverse” possession against the one who is in actual
possession of property, but they constitute at least an indicia of possession.
29. Failure to pay taxes does not alone constitute abandonment of property.
30. Tax declarations are not by themselves conclusive proof of possession under claim of ownership especially
where they:
i. reveal a number of discrepancies in the boundaries;
ii. variance in the names of adjoining owners;
iii. disparity in the actual size of the land; and
iv. irregular payments of the corresponding taxes
 P a g e | 25

Sec. 28

Requisites of Partial Judgment

1. only a portion of the land subject of registration is contested
2. a subdivision plan showing the contested and uncontested portions
3. approved by the Director of Lands
4. previously submitted to said cour

Sec. 29

Requisites of judgment confirming title

1. all conflicting claims of ownership and interest in the land subject of the application shall be determined by the
court;
2. consideration of the evidence and reports of the LRA and Director of Lands
3. the applicant or the oppositor has sufficient title proper for registration

Notes:
1. Court has broad jurisdiction over all issues such as:
i. application for original registration
ii. subsequent petitions on matters arising after original registration
iii. hear and decide contentious issues which used to be beyond its competence
2. Contents of the reports of LRA Administrator and Director of Lands
i. information about the status of the land applied for
ii. present classification
iii. whether or not the same had been previously decreed as private property or patented under the provisions of
the Public Land Act
3. technical men- verification of surveys, amendments of the plans; land investigators- field verification on the
ground
4. Requisites of res judicata
i. the former judgment must be final;
ii. it must have been rendered by a court having jurisdiction of the subject matter and the parties;
iii. it must be a judgment on the merits
iv. there must be identity between the 1 st and 2nd actions of
 parties
subject matter
cause of action
5. A judgment dismissing an application for registration of land does not constitute res judicata, and the
unsuccessful applicant, or any person depriving title from him, may file another proceeding for the registration
of the same land.

Sec. 30

Notes:
1. Finality of judgment- upon the expiration of 15 days; when the Register of Deeds issued copy of the original
certificate of title
2. The court retains jurisdiction over the case until after the expiration of 1 year from the issuance of the final decree
of registration by the LRA.
3. Judgment once final cannot be amended to modify decree.
4. Contests arising over the location of division lines are actions in personam and must be tried in the ordinary
courts of law.
5. Only judgments and processes received by the Solicitor General bind the government.
 P a g e | 26

6. Functions of Sol Gen

i. independent and autonomous office attached to the DOJ
ii. represents the government, its agencies and instrumentalities, officials and agents in litigation, proceeding,
investigation or matter requiring the services of a lawyers;
iii. represents the government in all land registration and related proceedings;
iv. institutes actions for reversion to the government of lands of the public domain as well as lands held in
violation of the Constitution
7. Writ of possession- employed to enforce a judgment to recover the possession of land; commands the sheriff to
enter the land and give possession of it to the person entitled under the judgment.
8. Where a Writ of Possession may be issued:
i. land registration proceeding (in rem)
ii. extra-judicial foreclosure of a realty mortgage
iii. judicial foreclosure of a realty mortgage (quasi in rem); Requisite- a) the mortgagor is in possession of the
mortgaged realty and b) no third person, not a party to the foreclosure suit, had intervened
iv. execution sale
9. To whom it will be issued:
i. against the person who has been defeated in a registration case
ii. against anyone unlawfully and adversely occupying the land or any portion thereof during the land registration
proceedings up to the issuance of the final decree
10. When it can be secured? after final judgment
11. delivery of possession- inherent element of ownership
12. The fact that the petitioners have instituted, more than one year after the decree of registration had been
issued, an ordinary action with the CFI attacking the validity of the decree on the ground of fraud, is not a bar to
the issuance of the writ of possession applied for by the registered owners.
13. A writ of demolition is a complement of the writ of possession.
14. Writ will not issue against person taking possession after issuance of final decree; Remedies: 1) unlawful entry or
detainer, 2) reinvidicatory action
15. When Writ of Possession will not issue:
i. when it has already been issued at the instance of the applicant or his successors, who hold transfer
certificates of title; and
ii. when the persons against whom it is sought to be used have occupied the premises after the final decree was
issued, and have not taken direct part as opponents in the registration proceedings where said final
decree was issued
iii. reconstitution of an allegedly lost or destroyed certificate of title
16. The true owner must resort to judicial process.
17. writ of mandamus- compel the trial court to issue writ of possession to the party entitled thereto
18. contempt- if subsequent to such dispossession or ejectment the losing party enters or attempts to enter into or
upon real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the
possession of the person adjudged to be entitled thereto

Sec. 31

Contents of Decree of Registration:

1. date, hour and minutes of the entry of the decree 7. estate of the owner
2. signature of Administrator 8. relative priorities
3. civil status of the owner; if conjugal property, 9. particular estates
name of both spouses 10. mortgagees
4. if the owner is under disability, nature of 11. easements
disability 12. liens
5. if minor, his age 13. other encumbrances
6. description of the land 14. rights of tenant-farmers
 P a g e | 27

Notes:
1. Duty of the LRA to issue decree is ministerial.
2. The LRA Administrator is specifically called upon to “extend assistance to courts in ordinary and cadstral land
registration proceedings.”
3. Any defect in the manner of transcribing the technical description should be considered formal.
4. Execution pending appeal is not applicable in land registration proceedings; Rationale- Decree cannot be issued
until after final judgment becomes final.
5. Certificates of title become indefeasible after one year from the issuance of the decree.
6. General Rule- an indirect or collateral attack on a Torrens title is not allowed; Exception- where a person obtains
a certificate of title to a land belonging to another and he has full knowledge of the rights of the true owner.
7. Titles over lands under the Torrens system should be given stability for on it greatly depends the stability of the
country’s economy. Interst reipublicae ut sit finis litium.

Sec. 32

Notes:
1. Remedies to question the validity of judgment in a registration case:
i. new trial or reconsideration vii. claim against Assurance Fund
ii. relief from judgment viii. reversion
iii. appeal to the CA or SC ix. cancellation of title
iv. review of decree x. annulment of judgment
v. reconveyance xi. criminal prosecution
vi. damages
2. motion for new trial- judgment is set aside; motion for recon- judgment is merely amended
3. Grounds for new trial
i. fraud, accident, mistake or excusable negligence (FAME)
ii. newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced
at the trial, and which if presented would probably alter the result
4. Grounds for reconsideration:
i. excessive damages awarded
ii. insufficiency of evidence
iii. final order is contrary to law
5. Contents (Rule 37, Sec. 2)
i. shall be in writing
ii. service of notice to the adverse party
iii. #3i: affidavits of merits which may be rebutted by counter-affidavits
iv. #3ii: affidavits of witnesses by whom such evidence is expected to be given, or by duly authenticated
documents which are proposed to be introduced in evidence.
6. A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
7. Affidavits of merit is unnecessary if the granting of the motion for new trial is a matter of right.
i. FRAUD
ii. extrinsic- refers to any fraudulent act of the successful party in a litigation which is committed outside the
trial of a case against the defeated party, or his agents, attorneys or witnesses, whereby said defeated
party is prevented from presenting fully and fairly his side of the case.
iii. intrinsic- refers to acts of a party in litigation during the trial which did not affect the presentation of the
case but did prevent a fair and just determination of case
forged instruments
false and perjured testimony
basing the judgment on a fraudulent compromise agreement
alleged fraudulent acts or omissions of the counsel which prevented the petitioner from
properly presenting the case
 P a g e | 28

8. MISTAKE- unintentional act, omission, or error arising from ignorance, surprise, imposition or misplaced
confidence. Note: the error must be the casual, not merely incidental, factor that induced the complaining party
to enter into the agreement.
9. General Rule: A judgment rendered on a compromise agreement is not subject to appeal, and also is
immediately executory; Exception: if it is on the ground of fraud, mistake or duress
10. EXCUSABLE NEGLECT- failure to take the proper steps at the proper time, not in the consequence of the party’s
own carelessness, inattention, or willful disregard of the process of the court
Reasons:
i. unexpected or unavoidable hindrance or accident
ii. reliance on the care and vigilance of his counsel
iii. promises made by the adverse party
11. final judgment- one that finally disposes of a case, leaving nothing more to be done by the court in respect
thereto; interlocutory- does not end the court’s task of adjudicating the parties’ contention, indicates that other
things remain to be done by the court
12. Time for filing petition (Rule 38, Sec.3)
i. within 60 days after the petitioner learns of the judgment, final order or other proceeding to be set aside
ii. not more than 6 months after such judgment or final order was entered, or such proceeding was taken
Requisites:
 affidavits showing FAME relied upon
 petitioner’s good and substantial cause of action or defense
13. Petition for relief and motion for new trial or reconsideration are exclusive of each other.
14. APPEAL- may be taken from:
i. a judgment or final order that completely disposes of the case
ii. a particular matter therein when declared by the Rules of Court to be appealbale

No appeal may be taken from:

i. an order denying a motion for new trial or reconsideration
ii. an order denying a petition for relief or any similar motion seeking relief from judgment
iii. an interlocutory order
iv. an order disallowing or dismissing an appeal
v. an order denying a motion to set aside a judgment by consent, confession or compromise on the
following grounds:
a. fraud
b. mistake
c. duress
d. or any other ground vitiating consent
vi. an order of execution
vii. a judgment or final order for or against one or more of several parties or in:
a. separate claims
b. counter-claims
c. third party complaints while the main case is pending; Exception- if allowed by court
viii. an order dismissing an action without prejudice

Modes of Appeal
i. Ordinary Appeal- appeal to the CA in cases decided by RTC in the exercise of its original jurisdiction
 Gen. Rule: no record on appeal shall be required; Exceptions: a) special proceedings, b) other cases
of multiple or separate appeals
ii. Petition for review (Rule 42)- appeal to the CA in cases decided by RTC in the exercise of its appellate
jurisdiction
iii. Appeal by Certiorari (Rule 45)- questions of law are raised or involved, directed to the SC
 P a g e | 29

Period of ordinary appeal

i. notice of appeal- w/in 15 days from notice of the judgment or final order appealed from
ii. record on appeal- w/in 30 days
iii. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration.

Perfection of appeal
i. notice of appeal- upon filing of the notice of appeal in due time; Effect- the court loses jurisdiction over
the case
ii. record on appeal- upon the approval of the record on appeal filed in due time; Effect- the court loses
jurisdiction over the subject matter

15. Review of decree of registration- 1 year

16. The date of issuance of patent is equivalent to the decree of registration.
17. Requisites of petition for review:
i. the petitioner must have an estate or interest in the land;
ii. he must show actual fraud in the procurement of the decree of registration;
iii. the petition must be filed within one year from the issuance of decree by the LRA;
iv. the property has not yet passed to an innocent purchaser
18. Grounds for review: fraud must be actual or constructive
actual- intentional concealment or omission of a fact required by law to be stated in the application or a willful
statement of a claim against the truth
extrinsic- when it is employed to deprive a party of his day in court, thereby preventing him from asserting his
right to the property registered in the name of the applicant (see pg. 300)
19. Gen. Rule: a mere misdescription of the property or a mistake into facts, contained in an application to bring
land under a foreign act is not sufficient to invalidate a certificate of title issued on the application by the
registrar; Exception- if the applicant has knowledge of the facts in the case and willfully misstated them
20. Petition must be filed within 1 year from entry of decree of registration.
21. Innocent purchaser for value and in good faith
Requisites:
i. buys property of another
ii. without notice that some other person has a right to, or interest, in such property
iii. pays a full and fair price for the same
iv. at the time of such purchase or before he has notice of the claim or interest of some other person in
the property
22. Good faith
i. consists in an honest intention to abstain from taking any unconscientious advantage of another
ii. consists in the possessor’s belief that the person from whom he received the thing was the owner of the
same and could convey his title
iii. honesty of intention- implies freedom from knowledge and circumstances that out to put a prudent
person on inquiry
23. A purchaser is charged only with notice of liens noted on the title.
24. caveat emptor- requires the purchaser to be aware of the supposed title of the vendor and one who buys
without checking the vendor’s title takes all the risks and losses consequent to such failure
25. The defense of indefeasibility of a Torrens title does not extend to a transferee who takes the title despite notice
of the flaw in it.
26. innocent purchaser for value- includes an innocent lessee, mortgagee or other encumbrancer for value
27. General Rule: a person dealing with the registered land has a right to rely upon the face of the Torrens
Certificate of Title and to dispense with the need of inquiring further;
Exceptions:
i. when the party concerned has actual of facts and circumstances that would impel a reasonably cautious man
to make further inquiries
 P a g e | 30

ii. when the purchaser has knowledge of a defect

iii. lack of title of the vendor
28. Banks before approving a loan send representatives to the premises of the land offered as collateral and
investigate who are true owners thereof; Rationale- their business is affected with public interest, keeping in
trust money belonging to their depositors
29. A person is deemed to have knowledge of a public record, like a prior reconstituted title on file with the Registry
of Deeds.
30. A forged deed may be the root of a valid title.
Requisites:
i. a title to the property
ii. had already been registered in favor of a person other than the true owner
iii. before conveyance or mortgage
iv. innocent transferee
31. Good faith is a question of fact.
Question of fact Question of law
when the doubt or differences arises as to the truth or exists when there is a doubt or controversy as to what
the falsity of the statement of facts the law is on a certain state of fact
32. Rule of preference (Art. 1544, NC)
i. first registrant in good faith
ii. first possessor in good faith
iii. buyer who presents the oldest title
prior tempore, potior jure: he who is first in time is preferred in right
nemo dat quod non habet: one can sell only what one owns or is authorized to sell, and the buyer can acquire
no more than what the seller can transfer legally
33. Gen. Rule: knowledge gained by the first buyer of the second sale cannot defeat the first buyer’s right;
Exception: if the second buyer first registers in good faith the second sale ahead of the first
34. Before the second buyer can obtain priority over the first, he must show that he acted in good faith from the
time he acquired the property until the title or possession is transferred to him.
35. RECONVEYANCE
i. legal and equitable remedy granted to the rightful owner of land
ii. which has been wrongfully or erroneously registered in the name of another
iii. for the purpose of compelling the latter to transfer or reconvey the land to him
Exception: if the rights of innocent purchasers for value will be affected; Remedy: action for damages
against the persons responsible for depriving him of his right or interest in the property
*Sec. 96 is the statutory basis of an action for reconveyance.
*Action for reconveyance may be barred by the statute limitations.
*assertion of adverse title- takes place upon the registration and issuance of the corresponding certificate of
title
Where to file:
RTC- 20K assessed value
Metropolitan Manila- 50K
Municipal Court- if only market value is alleged
Who are the indispensable parties:
 owners of property over which reconveyance is asserted
i. one without whom the action cannot be finally determined;
ii. who has interests in the subject matter of the suit;
iii. his legal presence party to a proceeding is an absolutely necesity for the relief sought
Prescription of action based on:
i. fraud- 10 years
ii. implied trust- 10 years
iii. damages- 10 years
 P a g e | 31

iv. void contract- imprescriptible

quod nullum est, nullum producit effectum: in actions for recoveyance of property predicated on the
fact that the conveyance complained of was void ab inito, a claim of prescription of the action would be
unavailing, and being null and void, the subsequent sale of the property and title issued in pursuant thereto
produced no legal effects whatsoever.
v. fictitious deed- imprescriptible; Remedy- action for declaration of nullity
vi. quiet title where plaintiff is in possession- imprescriptible; Rationale- his undisturbed possession gives him a
continuing right to seek the aid of a court of equity to ascertain and determine the nature of the adverse
claim of a third party and its effect on his own title
Requisites:
1. the trustee has performed unequivocal acts of repudiation amounting to an ouster of the
cestui que trust
2. such positive acts of repudiation have been made known to the cestui que trust
3. the evidence is clear and positive
*cestui que trust- the beneficiary of a trust; the person who will receive payments or future distribution
from the trust assets (accdg. to Pastor G.)
*One who claims property which is in the possession of another must invoke his remedy within the
statutory period.
36. Torrens title cannot be collaterally attacked. It can be attacked only for fraud within one year after the date of
the issuance of the decree of registration.
37. Relevant allegations in the complaint that would entitle the plaintiff to recover the disputed land:
i. that the plaintiff was the owner of the land
ii. that the defendant had illegally dispossessed the same
38. Reconveyance is an action in personam.
Actions in personam Actions in rem
Directed against specific persons and seek personal Directed against the thing or property or status of a
judgments person and seeks judgment with respect thereto as
against the whole world
39. An action to recover a parcel of land is a real action but it is an action in personam- it binds a particular
individual only although it concerns the right to a tangible thing.
40. The notice of lis pendens will avoid transfer to an innocent third person for value and preserve the claim of the
real owner.
41. Laches may bar recovery.
Elements (Cabrera v. CA):
i. the conduct on the part of the defendant, or of one under whom he claims, giving rise to the
situation of which the complaint is made and for which the complaint seeks remedy;
ii. delay in asserting the complainant’s rights, the complainant having had knowledge or notice of the
defendant’s conduct and having been afforded an opportunity to institute a suit;
iii. lack of knowledge or notice on the part of the defendant that the complaint would assert the right on
which he bases his suit;
iv. injury or prejudice to the defendant in the event relief is accorded to the complainant, or the suit is
not held to be barred
*Laches as estoppel- it prevents people who have slept on their rights from prejudicing the rights of third parties
who have placed reliance on the inaction of the original patentee and his successors in interest
*One having sufficient knowledge to lead him to a fact is deemed to be conversant therewith and chargeable
with laches in failing to act thereon (Kambal v. Director of Lands)
42. Inaction and neglect of a party to assert a right can convert what otherwise could be a valid claim into a stale
demand- it is a claim which has been for a long time undemanded (accdg. to Pastor G. again! ^^)
43. Trust- legal relationship between one person having an equitable ownership in property and another person
owning the legal title to such property, the equitable ownership of the former entitling him to the performance
of certain duties and the exercise of certain powers by the latter.
 P a g e | 32

Express Trust Implied Trust

created by the direct and positive acts of the parties
disables the trustee from acquiring for his own benefit a
property committed to his custody or management
a beneficiary and a trustee are linked by confidential or
fiduciary relationship
deducible from the nature of transaction as matters of
intent or which are superinduced on the transaction by
operation of law as matters of equity
repudiation is not required, unless there is concealment
of the facts giving rise to the trust

2 Kinds of Implied Trusts:

Resulting Trusts Constructive Trusts

valuable consideration are presumed always to have created by the construction of equity in order to satisfy
been contemplated by the parties the demands of justice and prevent unjust enrichment
it is whereby one person thereby becomes invested with they arise contrary to intention against one who, by
legal title but it is obligated in equity to hold his legal fraud, duress or abuse of confidence, obtains or holds
title for the benefit of another the legal right to property which he ought not, in equity
and good conscience, to hold.
there is neither a promise nor fudiciary relation to speak
of
*express trusts and resulting implied trusts- a trustee cannot acquire by prescription ownership over property
entrusted to him until and unless he repudiates the trust
*constructive implied trusts- prescription may supervene even if the trustee does not repudiate the
relationship; repudiation of the said trust is not a condition precedent to the running of the prescriptive period
Actions that may be brought within 10 years from the time the right of action accrues (Art. 1144, CC):
i. upon a written contract;
ii. upon an obligation created by law
iii. upon a judgment
*trustee of an implied trust (Art. 1456, CC)- term for the person who acquired the property through mistake or
fraud

44. substantial identity of parties- when there is community of interest or privity of interest between the party in
the fist and a party in the second case even if the first case did not implead the latter
45. State is not bound by prescription; hence judgment of the registration court may be attacked at any time either
directly or collaterally by the State.
46. If the homestead patent or free patent granted to A is a private land, the patent granted and the Torrens titled
issued upon him are a nullity. B, the owner, may bring an action to have the ownership or title to the land
judicially settled.
47. Proof of identity and ownership is indispensable.
48. miscellaneous sales application for the land- does not vest title over the property w/o showing of the Lands
Management Bureau’s approval
49. Quieting of tile- brought to prevent a cloud from being cast upon title to real property or any interest therein
Requisites:
i. there is a cloud on title to real property or any interest therein
ii. by reason of any instrument, record claim, encumbrance or proceedings (IRCEP)
iii. which is apparently valid or effective
iv. but in fact invalid, ineffective, voidable, or unenforceable
v. may be prejudicial to said title
 P a g e | 33

*cloud on title- outstanding claim or encumbrance which, if valid, would affect or impair the title of
the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof
to be invalid or inapplicable to the estate in question.
50. successive nuisance or trespass- it is not barred by the statute until continued without interruption for a length
of time sufficient to affect a change of title as a matter of law
51. Action for reversion
Reversion-
 restoration of public land fraudulently awarded or disposed of to the mass of the public domain
 may again be the subject of disposition in the manner prescribed by law to qualified applicants
 instituted by the Government, through the SolGen
Grounds for reversion
I. Violations of Sections 118, 120, 121 and 122 of Public Land Act
i. Sec. 118
Gen. Rule: lands acquired under free patent or homestead provisions
 shall not be subject to encumbrance or alienation from the date of the approval of the
application and for a term of 5 years from and after the date of issuance of the patent or
grant
 nor they shall become liable to the satisfaction of any debt contracted prior to the
expiration of said period
Exceptions:
 if it is in favor of the Government or any of its branches, units, or institutions or legally
constituted banking corporations
 improvements or crops of the land- may be mortgaged or pledged to qualified persons,
associations, or corporations

Gen. Rule: no alienation, transfer or conveyance of any homesteader after 5 years and before
25 years after issuance of title shall be valid without the approval of the Secretary of Environment and Natural
Resources, which approval shall not be denied; Exception: constitutional and legal grounds
ii. Sec. 120
Gen. Rule: conveyance and encumbrances made by illiterate non-Christians or literate non-
Christians where the instrument of conveyance or encumbrance is in a language not understood by them shall not be
valid; Exception- if it is duly approved by the Chairman of the Commission on National Integration
iii. Sec. 121
Gen. Rule: no corporation, association or partnership may acquire or have any right, title,
interest or property right whatsoever to any land granted under the free patent, homestead, or individual sale provision
of Public Land Act or to any permanent improvement of such lands
Exceptions:
 if with the consent of the grantee and the approval of the Secretary of Environment and
Natural Resources
 if it is solely for commercial, industrial, educational, religious or charitable purposes
 if it is for right of way
*Any acquisition of such lands, rights thereto or improvements thereon by a corporation,
association, or partnership prior to the promulgation of Public Land Act is deemed valid and binding.
Requisites:
 no final decision of reversion of such land to the State has been rendered by a court
 such acquisition is approved by the Secretary of Environment and Natural Resources
within 6 mos. from the effective of the Decree
 P a g e | 34

iv. Sec. 122

Gen. Rule:
 no land or any portion thereof originally acquired under the free patent, homestead, or
individual sale provisions, or any permanent improvement on such land shall be
transferred or assigned to any individual
 nor shall such land or any permanent improvement thereon be leased to such individual if
the area of said land, added to that of his own, shall exceed 144 hectares
Exception: in cases of hereditary succession
v. Sec. 123
Gen. Rule: no land originally acquired in any manner under the provisions of any previous Act,
etc. nor any improvement on such land shall be encumbered or alienated
Exceptions:
 persons, corporations or associations (PCA) who may acquire land of the public domain
under Public Land Act
 corporate bodies organized in the Philippines whose charters authorizes them to do so
 by reason of hereditary succession duly acknowledged and legalized by competent courts
 if transferred by judicial decree to PCA not legally capacitated to acquire the same- they
shall be obliged to alienate said lands or improvements to others so capacitated with the
period of 5 years; otherwise, such property shall revert to the Government
*Citizens of the Philippines may lease not more than 500 ha. or acquire not more than 12 ha. by purchase,
homestead or grant.
II. when the land patented and titled is not capable of registration
III. failure of grantee to comply with conditions imposed by law to entitle him to a patent or grant
IV. when area is expanded area
V. when acquired in violation of the Constitution
Action for cancellation-
 proper remedy where private land had been subsequently titled, and the party plaintiff in this case is the
prior rightful owner of the property;
 it is initiated by a private party usually in a case where there are two title issued to different persons for
the same lot
 declared as lawfully belonging to the party whose certificate of title is held superior over the other
*The indefeasibility of a title over land previously public is not a bar to the investigation by the Director of Lands
as to how such title has been acquired, if the purpose of such investigation is to determine whether or not fraud had
been committed in securing such title in order that the appropriate action for reversion may be filed by the government
(Pinero v. Director of Lands)
*Once a patent granted in accordance with the Public Land Act is registered, the certificate of title issued in
virtue of said patent has the force and effect of a Torrens title issued through regular registration proceedings.

Escheat Proceedings Action for Reversion

may be instituted as a consequence of a violation of the expressly authorized by the Public Land Act
Constitution which prohibits transfers of private
agricultural lands to aliens

52. State is not barred by estoppels.

53. Recovery from the Assurance Fund
Requisites:
i. that a person sustains loss or damage, or is deprived of any estate or interest in land
ii. on account of the bringing of land under the operation of the Torrens system arising after original
registration
iii. through fraud, error, omission, mistake or misdescription in any certificate of title or in any entry or
memorandum in the registration book
 P a g e | 35

iv. without negligence on his part

v. is barred or precluded from bringing an action for the recovery of such land or restate or interest
therein
54. The plaintiff’s negligence is manifest where, having knowledge of the pending litigations and notice of lis
pendens affecting the lands in dispute, it nevertheless proceed to take the risk of purchasing property in
litigation.
55. Annulment of judgment or final orders and resolutions
Grounds for annulment: Remedy:
i. extrinsic fraud motion for new trial or petition for relief
ii. lack of jurisdiction certiorari

if no substantial merit- outright dismissal

if there is a prima facie merit- service of summons to respondent

Criminal prosecution: perjury

Sec. 33

*The judgment and orders of the court hearing the land registration cases are appealable to the CA or to the SC
in the same manner as in ordinary actions (see pgs. 28-29)

Sec. 34

Applicability of Rules of Court: land registration and cadastral cases

1. by analogy or in a suppletory character
2. whenever practicable and convenient
eg. motion to dismiss, motion for the issuance of an order from the RTC

II. CADASTRAL REGISTRATION PROCEEDINGS

A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY; NOTICES (Sec. 35)
B. PETITION; LOT NUMBERS (Sec. 36)
C. ANSWER (Sec. 37)
D. HEARING; JUDGMENT; DECREE (Sec. 38)

Secs. 35- 38

Cadastral Proceedings:
Aims:
1. to settle as much as possible all disputes over land
2. to remove all clouds over land tile, as far as practicable, in a community

Procedure:
1. Cadastral survey preparatory to filing of petition
i. The President will direct and order the Director of Lands to cause to be made a cadastral survey.
ii. The Director of Lands shall give notice to persons claiming any interest in the lands and to the general
public of the day of the survey
Such notice is to be:
a. published in the Official Gazette;
b. posted in the places indicated
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c. sent to the municipal mayor, barangay captain, sangguniang panlalawigan and

sangguniang bayan concerned
iii. The geodetic engineers or other employees of the Lands Management Bureau shall give advance
notice to survey claimants of the date of the survey of specific portions of the land, to be posted in
appropriate lands.
Notes:
 The geodetic engineers may:
o enter upon the lands subject of the survey
o mark the boundaries thereof by the placing of monuments
 Every claimant shall indicate to the surveyor the boundary lines of the property over which
he claim title or interest.
2. Filing of petition for registration
i. Filing of the necessary petition in the RTC of the place where the land is situated by the Director of
Lands represented by the Sol Gen.
ii. Contents of the Petition:
a. description of the lands
b. plan
c. other data as to facilitate notice to all occupants and persons having a claim or interest therein
Notes:
 parcels- “lots”, shall be given “cadastral lot numbers”
 Gen. Rule: cadastral number of a lot shall not be changed after final decision has been
entered decreeing the registration; Exception: order of court
 future subdivisions of any lot- letter or letters of the alphabet + cadastral number of the lot
 subdivisions of cities or town sites-blocks and lot numbers
3. Notice of survey and publication
Who: Director of Lands
What: notice of the day on which the survey will begin
For whom:
 persons claiming any interest in the lands
 general public
 municipal mayor
 barangay captain
 sangguniang panlalawigan
 sangguniang bayan
How: publication once in the Official Gazette; posting in the bulletin board of municipality
4. Filing of answer
Who: any claimant, whether named in the notice or not
What: file an answer
When: on or before the date of initial hearing or within such further time as may be allowed by the
Court

Requisites:
i. shall be signed and sworn to by the claimant or by some other authorized person in his behalf
ii. shall state his status, nationality and postal address
Other Contents:
i. age of the claimant
ii. cadastral number of the lot or lots claimed
iii. name of the barrio and municipality in which the lots are situated
iv. names and addresses of the owners of the adjoining lots so far as known to the claimant
v. if the claimant is in possession of the lots claimed:
a. length of time he has held such possession and that of his predecessors
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b. manner in which it has been acquired

vi. if the claimant is not in possession or occupation of the land:
a. the interest claimed by him
b. time and manner of his acquisition
vii. the last assessed value of the lot/s
viii. the encumbrances, if any, affecting the lots and the names of the adverse claimants, as far as
known
5. Hearing of the petition
What: trial of the case
Where: any convenient place within the province in which the lands are situated
How: akin to ordinary land registration proceedings and shall be governed by the same Rules
6. Judgment; when title deemed vested- upon promulgation of the order or issuance of a decree
Notes:
 In the absence of successful claimants, the property is declared public land.
 In the absence of fraud, title to land in a cadastral proceeding is vested on the owner:
i. upon the expiration of the period to appeal from the decision or adjudication by the cadastral
court, without such appeal being perfected
ii. from the time the land becomes registered property which cannot be lost by adverse possession
iii. if public lands (Sec. 103)- until the final act or the entry in the registration book of the Registry
of Deeds had been accomplished

Actions taken in a cadastral proceeding:

1. adjudication of ownership in favor of one of the claimants- constitutes the judgment (judicial action)
2. declaration by the court that the decree is final and its order for the issuance of the certificates of title by the
Administrator of the Land Registration Authority; When- within 15 days from the receipt of a copy of the
decision no appeal is taken from the decision (judicial action)
3. devolves upon LRA which involves the issuance of decrees of registration pursuant to final judgments of the
courts in the land registration proceedings

Notes:
1. Only unregistered lands may be the subject of a cadastral survey.
2. Exclusion from survey:
i. lands already titled either through judicial confirmation or imperfect titles under the Public Land Act
ii. through voluntary registration proceedings under the Land Registration Act
iii. private lands
3. motion to dismiss- necessary for the expeditious termination of a subsequent registration case involving the same
property as in the first
4. Jurisdiction of the cadastral court over previously titled lands-
i. limited to the necessary correction of technical errors in the description of the lands;
Requisites:
 such corrections does not impair the substantial rights of the registered owner
 such jurisdiction does not deprive a registered owner of his title
ii. may order a change in the name of the owners by inclusion or exclusion of some, or in the rights of r
participation of each land registered
iii. has jurisdiction to determine the priority or relative weight of two or more certificates of title for the same land
5. An order entered in a cadastral proceeding, setting aside a judgment of partition in order to recognize and enforce
the preferential title of a third person to the land, is not a revision of any decree or judgment upon title.
6. Sec. 108 of the PRD- after the entry of a certificate of title, or of a memorandum thereon, the registered owner or
any interested party may ask the corresponding court to declare the termination of registered real right or the
creation of new real rights.
7. Cadastral answer may not be thrown out upon a mere motion of adverse claimants.
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8. written declaration claiming certain described property- basis of jurisdiction to render a judgment
9. Court has no jurisdiction to:
i. decree a lot as not contested when it is contested
ii. proceed to adjudication without giving the opposing parties an opportunity to be heard
10. Additional territory cannot be included by amendment of the plan without new publication.
Certificate of tile based on a patent Certificate of title issued pursuant to cadastral
proceedings
it is still subject to certain conditions and restrictions it becomes incontrovertible after the lapse of 1 year
even after the expiration of 1 year from the issuance
thereof
11. judicial act- judgment in a cadastral proceeding, including the rendition of the decree
12. Gen. Rule: Registration of title under the cadastral system is final, conclusive and indisputable, after the lapse of
the period allowed for an appeal; Exception: special provision providing for fraud
13. New titles may be issued for private lands within cadastral survey. The new title issued under the cadastral
system to a person who already holds a valid Torrens title must include the whole land specified in the latter.
14. Decision declaring land as public land is not a bar to a subsequent action for confirmation of title over the same
land.
Requisites:
i. the applicant complies with the provisions of Sec. 48 of CA No. 141
ii. the said public land remains alienable and disposable (Director of Lands v. CA and Manlapaz)
15. Issuance of writ of possession is imprescriptible.

Cases where decision of the cadastral court was considered res judicata (pp. 382-385):
1. Rodriguez v. Toreno: the final judgment rendered therein is deemed to have settled the status of the land
subject thereof, and the purported sales if not noted on the title, are deemed barred under the principle of
res judicata.
2. Abes v. Rodil: Test to determine the existence of res judicata- “would the same evidence support and
establish both the present and former cause of action?”
3. Republic v. Vera: the cadastral court declared the lands in question public lands, thus the respondents are
now barred by prior judgment to assert their rights over the subject land; Rationale- under the said
doctrine, parties are precluded from re-litigating the same issues already determined by final judgment
4. Navarro v. Director of Lands: res judicata barred petitioner’s application for registration under Sec. 48 of the
Public Land Act
Reasons:
i. finality of the formal judgment- the declaration by final judgment in the cadastral proceeding that
they are public lands
ii. identity of cause of action- registration of the two lots in question
iii. identity of the subject matter- whether the lots applied for are part of the public domain or have so
far been possessed by appellant that he must be deemed to have acquired title thereto which is
sufficient for registration in his name

Sec. 39

Preparation of decree and Certificate of Title

1. Within 15 days from the entry of judgment:
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i. the court shall issue an order directing the Commissioner to issue the corresponding decree of registration and
certificate of title
ii. the clerk of court shall send
a. certified copies of the judgment
b. the order of the court directing the Commissioner to issue the corresponding decree of registration and
certificate of title
c. certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become
final.
2. The Commissioner shall cause to be prepared the decree of registration as well as the original and duplicate of the
corresponding certificate of title.
3. The following shall be signed by the Commissioner:
i. decree of registration
ii. original of the original certificate of title
4. The decree of registration shall be entered and filed in the Land Registration Commission.
5. The original of the original certificate of title, together with the owner’s duplicate certificate shall be sent to the
Register of Deeds of the city or province where the property is situated for entry in his registration book.

Notes:
1. The certificate of title is an absolute and indefeasible evidence of ownership of the property in favor of the person
whose name appears therein.
2. The inclusion of public highways in the certificate of title does not give the holder of such certificate ownership of
said public highways.
3. Decree binds the land and is conclusive against the whole world.
4. Any defect in the manner of transcribing the technical description should be considered as a formal defect.
5. A Torrens title is incontrovertible as against any:
i. information possessoria
ii. interest in the land existing prior to the issuance thereof and which is not annotated on the title
6. Registration does not give any person a better title than what he really has.
7. General Rule: The certificate cannot be altered, changed, modified, enlarged or diminished (ACMED); Exception: to
correct errors, in some direct proceedings permitted by law
8. Not Conclusive Evidence of Ownership:
i. notations or memoranda
ii. tax declarations and/or tax receipts
9. Certificate of title issued pursuant to a public land patent is indefeasible and incontrovertible.
Requisites:
i. the land covered by said certificate is disposable public land
ii. upon the expiration of one year from the date of its issuance
10. If the land is not a public land but a private land, the patent and certificate of title are a nullity.
11. Where two or more certificates cover the same land, the earlier in date prevails. Such rule applies only where
there is no anomaly or irregularity, mistake or faulty or fraudulent registration tainting the prior title.

Sec. 40

Entry of Original Certificate of Title:

1. The original and duplicate copies of the original certificate of title shall be entered in the record book of the
Registry of Deeds.
2. The original and duplicate copies of the original certificate of title shall be:
i. numbered
ii. dated
iii. signed
iv. sealed with the Register of Deed’s seal
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3. Said certificate of title shall take effect upon the date of the entry thereof.
4. The Register of Deeds shall forwith send notice by mail to the registered owner.
5. The duplicate shall be delivered to the owner upon payment of the legal fees.

Notes:
1. Original Certificate of Title- certificate of title issued for the first time after initial registration proceedings.
2. Transfer Certificate of Title- any subsequent tile issued pursuant to any voluntary or involuntary instrument
affecting the property covered by the original certificate of title.

Sec. 41

Issuance of the owner’s duplicate certificate of title:

1. The owner’s duplicate certificate of title shall be delivered to the:
i. registered owner
ii. duly authorized representative
2. General Rule: if two or more persons are registered owners, one owner’s duplicate certificate may be issued for the
whole land; Exception: if the co-owners desire for the issuance of separate duplicate title
3. All outstanding certificates of title shall be surrendered whenever the Register of Deeds shall register any
subsequent voluntary transaction affecting the whole land or part thereof or any interest therein.
4. The Register of Deeds shall note on each certificate of title a statement as to whom a copy thereof was issued.

Notes:
1. General Rule: An heir may alienate, assign or mortgage the land, and even substitute another person in its
enjoyment; Exception: when the personal rights are involved.
2. Co-owners can only dispose of his aliquot share in the property held in common.
3. No mortgagee’s or lessee’s duplicate certificate shall be issued by the Register of Deeds.
4. Registered owner is entitled to possession of the owner’s duplicate.

Sec. 42

Registration Books:
1. The original copy of the original certificate of title shall be filed in the Registry of Deeds,
2. The original copy of the original certificate shall:
i. be bound in consecutive order together with similar certificates of title
ii. constitute the registration book for titled properties

Sec. 43

Contents of Transfer Certificate of Title:

1. number of the next previous certificate covering the same land
2. the fact that it was originally registered
3. giving the record number
4. the number of the original certificate of title
5. the volume and page of the registration book in which the latter is bound

Sec. 44

Notes:
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1. General Rule: every registered owner receiving a certificate of title issued pursuant to a decree of registration and
every subsequent purchaser of registered land for value and in good faith shall hold the same free from all
encumbrances.
Exceptions:
a. those noted in the certificate of title
b. those encumbrances which may be subsisting:
i. liens, claims or rights arising or existing under the laws or the Constitution which are not by law required
to appear of record in the Registry of Deeds;
Remedies for delinquent taxpayer- Sec. 316 of the Revised Internal Code: 1) distraint of
personal property and interest and rights thereto and 2) judicial action
ii. unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of
any right over the land;
tax lien- automatically registered once tax accrues
iii. any public highway or private way established or recognized by law, or any government irrigation canal
or lateral thereof;
-applies only where the servitude was already existing at the time of purchase
iv. any disposition of the property or limitation on the use thereof by virtue of PD No. 27 or any other law
or regulation on agrarian reform;
PD 27: Tenant Emancipation Decree
5ha. – not irrigated
3 ha.- irrigated
7ha.- total area that a landowner will cultivate
Requisites:
1) the cost of the portion transferred to him, including the interest, shall be paid in 15 equal annual
amortization
2) he must be a member of such association in his locality
RA No. 6657: Comprehensive Agrarian Reform Law (June 10, 1998)
Sec. 6. Retention Limits
5ha.- landowner
3ha.- child of the landowner
Requisites:
1) he is at least 15 years of age
2) he is actually tilling the land or directly managing the farm
*The landowners whose lands have been covered by PD No. 27 shall be allowed to keep the areas
originally retained by them thereunder.
*The original homestead grantees or their direct compulsory heirs who still own the original at the time
of the approval PD No. 27 shall retain the same areas as long as they continue to cultivate said homestead.
*revolutionary expropriation- affects all private agricultural lands
2. lien- charge on property usually for the payment of some obligation
encumbrance- burden upon land, depreciative of its value, which though adverse to the interest of the
landowner, does not conflict with his conveyance of the land in fee;
notice of lis pendens- mere notice or warning that a claim or possible charge on the property is pending
determination by the court.
3. Generally, purchaser need not go behind registry to determine condition of property.
4. A sale of registered property which is recorded, not under the PRD but under Act No. 3344, is not considered
registered.

Sec. 45

Contents of a certificate of title:

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1. full names of all persons whose interest make up the full ownership in the land;
2. civil status;
3. names of their respective spouses, if married;
4. citizenship
5. residence and postal address

Notes:
1. An original certificate of title issued in accordance with the decree merely confirms a pre-existing title.
2. General Rule: all property of the marriage is presumed conjugal; Exception: if it is proven that it pertains
exclusively to the husband or to the wife (Art. 160, CC)
Art. 160 of the Civil Code cannot prevail when:
i. the title is in the name of only one spouse; and
ii. the rights of innocent third parties are involved
3. The wife may not bind the conjugal assets without a special authorization from the husband.
4. Proof of acquisition during marriage is a condition sine qua non for the operation of the presumption in favor of
conjugal partnership.
5. married to- merely descriptive of the civil status of the registered owner of the properties

Sec. 46

General incidents of registered land:

1. rights incident to the relation of husband and wife, and landlord and tenant;
2. liability of attachment or levy on execution;
3. liability to any lien of any description established by law on the land and the buildings thereon, or on the interest
of the owner on such lands and buildings;
4. rights incident to the laws of descent or partition between co-owners;
5. taking of the property through eminent domain;
6. right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under
the laws relative to preferences; and
7. rights or liabilities created by law and applicable to unregistered land

Sec. 47

Notes:
1. Registered lands cannot be acquired by prescription or adverse possession.
2. The statute of limitations is merely a bar to a right of action and does not operate as transfer of title at all.
3. Prescription is unavailing not only against the registered owner but also his heirs.
4. General Rule: the legal heirs of a deceased may file an action arising out of a right belonging to their ancestor
without need of a separate judicial declaration of their status; Exception: if there is a pending special proceeding
for the settlement of the decedent’s estate
5. The right of the registered owner to recover possession of the registered property is equally imprescriptible since
possession is a mere consequence of ownership.
6. Registration of mortgage does not make an action for foreclosure imprescriptible.
7. If not for prescription, registered owner may be barred from recovering possession through laches.
8. Laches- failure or neglect, for an unreasonable and unexplained length of time, to do which by exercising due
diligence could or should have been done earlier.
Prescription Laches
-lapse of time - effect of unreasonable delay

Sec. 48
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Notes:
1. Certificate of title is not subject to collateral attack.
Direct Attack Indirect/ Collateral Attack
- when the object of the action is to annul or set - an action to obtain a different relief, an attack on
aside such judgment or enjoin its enforcement the judgment is nevertheless made as an incident
thereof
2. A direct attack on the title may be made in the following:
i. counterclaim- new suit and is to be tested by the same rules as if it were an independent action
ii. third party complaint
3. A homestead patent issued under the Public Land Act and registered in conformity with the provisions of Sec. 122
of Act No. 496 cannot be collaterally attacked.
4. Whether or not an alien is qualified to acquire land covered by a Torrens title can only be raised in an action
expressly instituted for that purpose.
5. A co-owner is entitled to use the property owned in common.

Sec. 49

if a registered owner desires separate certificates:

(1) he must file a written request for that purpose with the Register of Deeds concerned
(2) he must surrender the owner’s duplicate
(3) the Register of Deeds shall cancel it together with its original
(4) the Register of Deeds shall issue in lieu thereof separate certificates as desired

if a registered owner desires a single certificate for the whole land or a several certificates for the different parcels
thereof:
(1) he must file a written request for that purpose with the Register of Deeds concerned
(2) he must surrender the owner’s duplicate
(3) the Register of Deeds shall cancel it together with its originals
(4) the Register of Deeds shall issue in lieu thereof one or separate certificates as desired

Sec. 50

Subdivision and consolidation plans

(1) Any owner desiring to subdivide a tract of registered land into lots shall submit to the LRA the following:
a. subdivision plan of the land duly approved by the Lands Management Bureau through the Regional
Technical Director or the Administrator of LRA
b. approved technical descriptions
c. corresponding owner’s duplicate certificate of title
(2) The plan shall distinctly and accurately delineate the following:
a. boundaries
b. streets
c. passageways
d. waterways
(3) The Register of Deeds shall thereupon register the subdivision plan without need of prior court approval.
(4) The Register of Deeds shall issue a new certificate of title for the land as subdivided.
The Register of Deeds shall annotate on the new certificate of title a memorandum covering the following:
i. street
ii. passageway
iii. open space
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Notes:
1. General Rule: no portion of any street, passageway, waterway or open space so delineated on the plan shall be
closed or otherwise disposed of by the registered owner without the approval of RTC of the province or city in
which the land is situated; Exception: by way of donation in favor of the national government, city or
municipality
2. a registered owner desiring to consolidate several lots into one or more:
a. file with the LRA a consolidation plan
b. show the lots affected with their technical description
c. surrender the owner’s duplicate certificates and a receipt of the plan duly approved by the LRA
d. the Register of Deeds shall cancel said certificates
e. issue a new one for the consolidated lots
3. if there is no unanimity among the owners, no new certificate of title shall be filed until the petition shall have
been properly determined by the court
4. The Commission may not:
a. order or cause any change, modification or amendment in the following:
i. contents of any certificate of title, or of any decree or plan covering any real property registered
under the Torrens system
ii. including the technical description
b. order the cancellation of the said certificate of title
c. issue a new title which would result in the enlargement of the area covered by the certificate of title
5. subdivision of a registered property into smaller lots and conveyance of a specific lot by the owner:
a. the vendee needs to have the deed of purchase registered
b. present the subdivision plan and the vendor’s copy of the certificate title to the Register of Deeds
c. obtain a transfer of certificate of title in his name
6. conveyance of only a portion of the land:
a. a plan indicating the portions into which the land has been subdivided shall first be presented together
with the technical descriptions thereof
b. the deed of conveyance may be annotated on the owner’s certificate of title
c. approval of the plan and technical descriptions of the portions into which the land has been subdivided
d. the same shall be submitted to the Register of Deeds for annotation on the certificate of title
e. the Register of Deeds shall thereupon partially cancel the grantor’s certificate as to the portion affected
and issue the following:
i. a new certificate to the grantee covering the specific portion conveyed
ii. another certificate to the grantor for the remaining portions
f. the Register of Deeds may simply make a memorandum thereon to the effect that a portion of the land has
been conveyed and that the title is deemed cancelled only insofar as that portion is concerned

Chapter 5: Subsequent Registration

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I. VOLUNTARY DEALINGS WITH REGISTERED LANDS

GENERAL PROVISIONS

Sec. 51

Notes:
1. An owner of registered property may convey, mortgage, lease, charge or otherwise deal with the same in
accordance with existing laws.
2. forms:
a. deeds
b. mortgages
c. leases
d. other voluntary instruments
3. General Rule: no deed, mortgage, lease or other voluntary instrument shall take effect as conveyance or bind the
land; Exception: if there is a will purporting to convey or affect registered land
4. effects of conveyance:
a. it shall operate as a contract between the parties
b. evidence of authority to the Register of Deeds to make registration
5. Read Arts. 1356-1358
6. Contract of Sale v. Contract to Sell
7. Form is important for validity, convenience and enforceability.
8. The sale of real estate, whether made as result of private transaction or of foreclosure of execution sale, becomes
legally effective against third persons only from the date of its registration.
9. Registration of the deed of sale and securing a new title in the name of the vendee before the latter shall pay the
balance of the purchase price does not preclude the transmission of ownership.