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CIVIL LAW (LAND TITLES)

MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001

CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES


LAND TITLE – evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of
property
DEED – instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity
1. Grantor
2. Grantee
3.Words of grant
4.Description of property
5.Signature of grantor
6. Witnesses
TYPES OF ESTATES:
1.FREEHOLD ESTATE – indicates title of ownership
a.Fee simple – absolute title; conferred without limitation, qualification or restriction
b.Fee tail – pass title to grantee & his heirs
c.Life state – held for duration of life of grantee
2.LESS THAN FREEHOLD ESTATE – a right short of title
a.Estate for years – lease for a period agreed upon, lessor retains ownership of land
b.Tenancy from period to period – lease running from month to month or year to year with automatic renewal
c.Tenancy at will – person is permitted to occupy land of another without stipulation as to period
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES:
1.Production & delivery of deed by grantor to grantee without registration
2.Deed of conveyance is recorded to bind 3rd persons
3.Registration of title
REGISTRATION – guarantees the title
RECORDING – does not guarantee the title; need to examine other docs
PURPOSE OF REGISTRATION:
1.Serve as constructive notice
2.Prevent fraudulent claims
3.Protect interest of strangers to transaction
MODES OF ACQUIRING LAND TITLES:
1.Title by public grant – conveyance of public land by government to a private individual
2. Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property
3.Title by accretion – alluvion
4.Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto; government
5.Title by voluntary transfer – private grant; voluntary execution of deed of conveyance
6.Title by involuntary alienation – no consent from owner of land; forcible acquisition by state
7.Title by descent or devise – hereditary succession to the estate of deceased owner.
8.Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not
transferable except by hereditary succession

Chapter 2:
TORRENS SYSTEM – ORIGIN, NATURE & GENERAL
CHARACTERISTICS
ADVANTAGES:
1.Abolishes endless fees
2.Eliminates repeated examination of titles
3.Reduces records enormously
4.Instantly reveals ownership
5.Protects against encumbrances not noted on the Torrens certificate
6.Makes fraud almost impossible
7. It assures
8.Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees
9.Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12.Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days

PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest secure
PERSONS BOUND WHEN TITLE NOT REGISTERED
1. Grantor
2.Heirs & devisees
3.Persons with actual notice

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 to transmit to Land Registration Authority the application, date of initial hearing & other
pertinent docs
5.Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of general
circulation
6.Service of notice – contiguous owners, occupants & 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 land registration authority to issue decree of confirmation &
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 & issuance of theowner’s duplicate original certificate
of title of the applicant by the Landregistration Authority- upon payment of prescribed fee

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS


WHO MAY APPLY:
1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona
fide claim of ownership since June 12, 1945 or earlier
2.Those who acquired ownership of private land by prescription
3.Those who acquired ownership of private lands by right of accretion
4.Those who acquired ownership in any manner provided for by law
LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
1. PRIVATE LANDS
a.At least 60% Filipino to acquire private land
b.Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created
c.If engaged in agricultural – restricted to 1,024 ha.

2.PATRIMONIAL PROPERTY OF STATE


a.Lease for 25 years renewable
b.Limited to 1,000 ha.
c.Apply to both Filipinos & foreign cos.

FORM & CONTENTS OF APPLICATION


1.In writing & signed by applicant or person duly authorized
2.Description of land
3. Citizenship
4. Civil status
5.Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION:


1.Tracing cloth plan duly approved by the Director of Lands
2.3 copies of technical descriptions
3.3 copies of surveyor’s certificate
4.All original muniments of title
5.4 copies of certificate by city/provincial treasurer of assessed value of land
AMENDMENTS ALLOWED & NOT ALLOWED
1.Substantial change in boundaries or increase in area - new technical description necessary – need new
publication & notice
2.Substitution of name of new owner – file motion with court
3.Decrease the area – file motion in court
MUNIMENT OF TITLE – instruments or written evidences which applicant hold or posses to
enable him to substantiate & prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:
1.Record instrument in Register of Deeds in same manner as if no application was made
2.Present instrument to RTC, motion praying that same be considered in relation to the pending application
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:
• Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT


NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days
before hearing
HEARING–within 7 days after publication in OG
–25 – 90 days from date of order
TO WHOM NOTICE MUST BE SENT:
1.City/municipal mayor & provincial governor
2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries, Director of Mines
3.Adjoining owners & those who have rights or interest thereto
REQUISITES OF OPPOSITION:
1.Set forth objections to the application
2.State interest claimed by oppositor
GENERAL DEFAULT
•If no person appears and answers within time prescribed
SPECIAL DEFAULT
•Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to
do so within period allowed

CHAPTER 5: HEARING & DECREE


WHO CONDUCTS HEARING:
1. RTC
2.Refer to referee – commissioner
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR
JUDICIAL
CONFIRMATION OFIMPERFECT TITLE UNDER THEPUBLIC LAND ACT
•There exist a title to be confirmed
•Land applied for belongs to the state
•Court may dismiss without prejudice to file new application
•Dismiss with prejudice
•Risk to have application denied without losing land
•Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREE


DECREE – issued by land registration authority containing technical description of land;
issued after finality of judgment
1.Decrees dismissing application
2.Decrees of confirmation and registration
•Final after 1 year after decree
•Unless there in innocent purchaser for value
•Subject only to appeal
•Once final, cannot be subject to attack, deemed conclusive against the world
3.Put end to litigation
4.Purpose of Torrens system is protected
•Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion of new owners
not allowed
JUDGMENT – decision of court constituting its opinion after taking into consideration the evidence submitted
WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant; no Prescription.
1. Against loser
2. Against anyone unlawfully & adversely occupying
WHEN WRIT MAY NOT ISSUE:
•Person entered into property after decree- non claimant; had been there for 10 years
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
RES JUDICATA:
1.Former judgment must be final
2.Rendered by court having jurisdiction over subject matter & parties
3.Judgment on merits
4.Identity of parties, subject matter and causes of action

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:


1.MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment
a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
b.Newly discovered evidence which could not be discovered & produced at trial
c.Evidence insufficient to justify decision, decision is against the law
2.APPEAL – must be brought 15 days from notice of judgment
3.REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court; became non-party
due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will
no longer
prosper if already transferred to innocent purchaser for value
a.Plaintiff is owner of land registered in name of defendant
b.Registration procured through actual fraud
c.Property has not issued to innocent purchaser for value
d.Action is filed within 1 year after issuance of decree of registration
4.RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order; available to party to case, FAME; after
judgment; person deprived of right is party to case
5.RECONVEYANCE – action in personam; available so long as property not passed yet to innocent purchaser for
value; bad faith or with notice of defect
6.RECOVERY FOR DAMAGES
a.Person is wrongfully deprived of his land by registration in name of another – actual or constructive
fraud
b.No negligence on his part
c.Barred/ precluded from bringing an action
d.Action for compensation has not prescribed

CHAPTER 7: CERTIFICATE OF TITLE


TORRENS TITLE – certificate of ownership issued under the Torrens System of registration
by the government through road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly noted.
PROCESS:
1.Within 15 days from finality of order of judgment directing registration of title –court to order Land registration
Admin to issue decree of registration andcertificate of title
2.Clerk of court will send order of court & copies of judgment
3.Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator, entered &
file decree of registration in LRA
4.Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book
5.Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry
6.Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7.Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8.Original copy to be filed in Register of Deeds; bound in consecutive order

ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES:


1.Splitting or consolidation – ordinary – Register of Deeds level, no court involved
2.Subdivision plan – approval of NHA, final approval of LRA, then Register ofDeeds to issue memorandum that
streets not to be disposed except by way ofdonation to govt. shall be effected without approval of NHA
ANNOTATIONS AT BACK OF CERTIFICATE – need court order; otherwise null & void

CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND


OPERATIVE ACT – registration by owner; deed not registered – binding only between parties
PROCESS OF REGISTRATION:
1.File instrument creating or transferring interest and certificate of title with Register of Deeds
a. Owner’s duplicate
b.Payment of fees & documentary stamp tax
c.Evidence of full payment of real estate tax
d.Document of transfer – 1 copy additional for city/provincial assessor
2.Register of Deeds shall make a memorandum on the certificate of title, signed by him
3. Issue TCT

VOLUNTARY DEALINGS
•Need to present title – to record the deed in registry & to make memorandum on title
INVOLUNTARY DEALINGS
•No presentation required; sufficient that annotation in entry book is sufficient
FORMAL REQUISITES OF A DEED
1. Full name
2. Nationality
3.Place of residence
4.Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6.Whether or not corporation
1.Register of Deeds to keep an entry book – day book
2.Enter in order of reception all deeds & voluntary instruments, write &processes re land -Year, month, day, time,
minute of reception of instrument;Registered from time of entry
3.Fees of 5 bucks per document to be paid within 15 days
4.Note memorandum & sign & issuance of certificate
5.Documents are numbered & indexed & indorsed with reference to certificate of title– public records
6.Subject to reasonable regulation
•Cost borne by vendor

CHAPTER 9: REAL ESTATE MORTGAGE


REAL ESTATE MORTGAGE – real property/real rights secures fulfillment of an obligation
KINDS:
1.Conventional – agreed upon by parties
2.Legal – Created by operation of law
3.Judicial – results from a judgment
4.Equitable – pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1.Constituted to secure fulfillment of principal obligation
2.Mortgagor be absolute owner of thing mortgaged
3.Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1.Subject matter is realty
2.Real right – attaches to property wherever it is & whoever holds it
3.Accessory – presupposes existence of valid principal obligation; cannot stand alone
4.Indivisibility – even if debt is divisible; mortgage is not
5.Inseparability – mortgage lien is inseparable from property
6.Retention of possession - mortgagor retains possession

PACTO DE RETRO – EQUITABLE MORTGAGE


1.Price of sale with right to repurchase is usually inadequate
2.Vendor remains in possession as lessee or otherwise
3.Upon or after expiration of right to repurchase, another instrument extending period /granting new period is
executed
4.Purchaser retains a part of the purchase price
5.Vendor binds himself to pay taxes on thing sold
6.Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation

Real Mortgage:
-Subject matter is real property
-Public document only
-Right of redemption for 1 year
-Deficiency can be recovered

Chattel Mortgage:
-Subject matter is movable
-May be in private document provided there is affidavit of ggod faith
-No right of redemption
-Deficiency cannot be recovered

EXECUTION & REGISTRATION


1.Execution of deed in a form sufficient in law (public instrument)
2.Registration with Register of Deeds where the land lies & take effect upon registration
a.Present deed of mortgage together with owner’s duplicate
b.Payment of fees
c.Register of Deeds shall enter upon original certificate of title & uponduplicate a memorandum – date, time of
filing, signature, file numberassigned to deed
d.Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in
which it was registered.
3.No duplicate need be issued

SUBJECT MATTER
•Real property plus all its accessions unless contrary is stipulated
•Future property – without legal effect
•Future improvements – deemed included
•Fruits & rents of mortgaged property deemed included
•Continuing credit secured by mortgage valid

FORMS:
1.Private document – void & inexistent
2.Public instrument but not recorded – binding between parties but not 3rd persons without notice
3.Public document & registered – valid & binding to 3rd parties
MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE:Ye s
•If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:
1.Stating that mortgage has been registered
2.Requesting that owner’s duplicate be produced so that memorandum be made thereof
•Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order
requiring owner to produce certificate

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY


1.May be further alienated – stipulation to contrary is void
• Assignment must also be registered since registration is operative act to affect land
• If not recorded – valid as to parties but not to 3rd parties, right not protected against somebody who
registers & procures better right
2.May be further mortgaged – stipulation to contrary is void
• No need to secure permission of mortgagee
• Understood unless prohibited in contract
3.Pactum commisorium – not allowed
a.Property is mortgaged
b.There is stipulation for automatic appropriation
4. Discharge
• Execute public document canceling or releasing mortgaged in form prescribed by law
• Present instrument with Register of Deeds where land lies together with owner’s duplicate for
registration
•Memorandum of cancellation is annotated on duplicate & original

WHEN MORTGAGOR DIES


1.Abandon security & prosecute his claim by sharing in general distribution of assets of the estate
2.Foreclose mortgage by making executor party defendant
3.Foreclose it in due time

PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
ACTION TO FORECLOSE: Prescribes in 10 years (written contract)
VENUE: Per stipulation or in absence thereof, where the property lies
FORECLOSURE
JUDICIAL
a.Mortgagee to petition in court for foreclosure
b.Court to render order for debtor to pay sum due within 90 days and if not paid from date of service, property
be sold at public auction
c.Notice & Publication
d.Public auction: sale to highest bidder
e.Sheriff to issue certificate confirming judicial foreclosure
f.File with Register of Deeds final decree of court confirming sale
g.Memo entered in certificate of title
h.If right of redemption exist, certificate of title of mortgagor not to becancelled but memorandum shall be
entered upon the certificateduplicate & original
i.After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
j.Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
k.If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL
•Allowed only if stipulation between party authorizes extra-judicial foreclosure
•Cannot be made legally outside of city where land lies
•Publication required: post notices for 20 days in 3 public places whereproperty lies & if property is more than
P400.00, publication must be for3 consecutive weeks in news paper of general circulation
•If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00
•Registration of sale in Register of Deeds:
a.Deed of sale must be supported by certificate of sheriff that saidsale was conducted accordingly stating the date,
time, place ofsale, names of creditor & debtor, description of property, name ofhighest bidder, selling price
b.Present in Register of Deeds where land lies
c.Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period – title isconsolidated if no redemption exercised: purchaser to
file withRegister of Deeds the deed of sale & sworn statement attestingto fact that there is no redemption
e.New certificate of title issued in favor of vendee
f.If redeemed – notice of redemption shall be registered &accomplished by way of memorandum on proper
certificate of title
RIGHT OF REDEMPTION
•Payment of purchase price plus 1% per month plus taxes if paid by purchaser
•To be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY – allowed

CHAPTER 10: CHATTEL MORTGAGE


CHATTEL MORTGAGED – personal property is registered with Register of Deeds to secure
performance of an obligation
SUBJECT MATTER:movables
DEED OF MORTGAGE:
•Requires only description to enable parties & other persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
1.Execution of document
2.Payment of fees
3.Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages & other
instruments relating thereto (primary process)
4.Register of Deeds thereafter enters in a more detailed form the essentialcontents of the instrument in the Chattel
Mortgage Register (complementaryprocess)
EFFECT OF REGISTRATION:
1. Creates a lien – attaches to the property whoever holds it; binding on subsequent purchasers
2. Constructive notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE – void; criminal act
EFFECT OF FAILURE TO REGISTER:
•Valid between parties but void against 3rd persons
•If instead of registration, it is delivered – it shall be a pledge & not chattel mortgage (if no chattel mortgage deed
executed)
•Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT –
1.Mortgaged is made to secure obligation specified
2.Valid & just obligation
3.Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
•Vitiates mortgage as against creditors & subsequent encumbrances
•Valid as between parties
•No need to be in public document
ASSIGNMENT OF MORTGAGE
•No need to be registered, permissive only & not mandatory
CANCELLATION OF CHATTEL MORTGAGE
•Mortgagee to execute a discharge of the mortgage in manner provided by law
FORECLOSURE OF MORTGAGE
•The must first be non-payment & at least 30 days have elapsed since then
•Alternatives:
1. Judicial
2.Extra-judicial – only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1.Notice posted for 10 days in at least 2 public places in municipality where
property is to be sold designating the time, place and purpose of sale
2.Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4.30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been recorded
5.Officer’s return operates as a discharge of the lien created by the mortgage
6.Proceeds to be applied:
a.Cost of sale
b.Amount of obligation
c. Subsequent mortgages
d.Balance – mortgagor

RECOVERY OF DEFICIENCY:Allowed
CHAPTER 11: LEASE
LEASE – one of parties deliver possession of property to another who is obliged to pay
rent for use of such property
REGISTRATION OF LEASE
1.File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of certificate of title
2.Register of Deeds to register by way of memorandum upon certificate of title
3.No new certificate shall be issued
WHEN PROHIBITION IN MORTGAGED PROPERTY AS
REGARDS SUBSEQUENT CONVEYANCES,ETC.:
Leasehold cannot be registered in the title thereof
EFFECT OF REGISTRATION:
1.Creates a real right but without prejudice to rights of 3rd persons
2.If not registered – valid as between parties but not to 3rd persons without notice
REGISTRATION – lessor not required to initiate; lessee shall initiate
ALIENS:
1.May be granted temporary rights for residential purposes
2.Limit: 25 years, renewable for another 25 years
WHO ELSE MAY REGISTER: Builder in Good Faith
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
TRUST – obligation of a person to whom legal title to property is transferred to hold the property according to
confidence reposed in him
2 K INDS:
1.Expressed – need to be in writing; cannot be proved by parole evidence
2.Implied – exist by operation of law; can be proved by parole evidence
a.Property is bought but paid by another party
b.Donation is made but donee have no beneficial interest thereon
c.Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
d.Land passes by succession to a person but legal title is put in another’s name
e.2 persons purchase property but placed only in one’s name
f.Guardian uses funds of ward to buy property
g.Property is acquired thru mistake or fraud
POWER OF ATTORNEY – authority granted to a person to dispose one’s property
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
1.Trust has 3 parties while power of attorney has 2 parties
2.Trust is for benefit of 3rd party while power of attorney is for benefit of principal
REGISTRATION OF TRUST
1.Sworn statement claiming interest by reason of an implied trust with descriptionof land & reference to
number of certificate shall be registered in Register of Deeds
2.Provided not prohibited to do so by instrument creating the trust
APPOINTMENT OF TRUSTEE BY COURT
•Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate
•Cancel duplicate & new certificate shall be entered by Register of Deeds
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST
•Prescribes in 10 years
•If acknowledged in written form – becomes express trust – prescribes uponrepudiation
CHAPTER 13:INVOLUNTARY DEALINGS WITH REGISTERED LAND
INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registered
owner is not needed: it may even be against his will
ATTACHMENT
•A writ issued at the institution or during progress of an action commanding thesheriff to attach the property, rights,
credits or effects of the defendant to satisfydemands of the plaintiff
•Kinds:
a. Preliminary
b. Garnishment
c.Levy on execution

REGISTRATION OF ATTACHMENT/OTHER LIENS


1.Copy of writ in order to preserve any lien, right or attachment upon registeredland may be filed with
Register of Deeds where land lies, containing number ofcertificate of title of land to be affected or description of
land
2.Register of Deeds to index attachment in names of both plaintiff & defendant or name of person whom property
is held or in whose name stands in the records
3.If duplicate of certificate of title is not presented:
a.Register of Deeds shall within 36 hours send notice to registered ownerby mail stating that
there has been registration & requesting him toproduce duplicate so that memorandum be made
b.If owner neglects or refuses – Register of Deeds shall report matter to court
c.Court after notice shall enter an order to owner to surrender certificate at time & place to be named
therein
4.Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds produces
effect of registration already.

EFFECT OF REGISTRATION OF ATTACHMENT:


1.Creates real right
2.Has priority over execution sale
3.But between 2 attachments – one that is earlier in registration is preferred
4.If not registered – actual knowledge is same as registration
DUTY OF REGISTER OF DEEDS
•Basically ministerial but may refuse registration in ff circumstances:
1.Title to land is not in the name of defendant
2.No evidence is submitted to show that he has present or possible future interest in land
3.Unless:heir

PROPERTIES EXEMPT FROM EXECUTION: Family Home


ATTACHMENT – How continued, reduced or discharged
•Any method sufficient in law
•Document to be registered

1. EXECUTION SALE
•To enforce a lien of any description on registered land, any execution oraffidavit to enforce such lien shall be filed
with Register of Deeds whereland lies
•Register in registration book & memorandum upon proper certificate of title as adverse claim or as
anencumbrance
•To determine preferential rights between 2 liens: priority of registration of attachment

2. TAX SALE
•Sale of land for collection of delinquent taxes and penalties due the government
•In personam (all persons interested shall be notified so that they are given opportunity to be heard)
•Notice to be given to delinquent tax payer at last known address
•Publication of notice must also be made in English, Spanish & localdialect & posted in a public & conspicuous
place in place whereinproperty is situated & at main entrance of provincial building
•Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be
strictly observed
•Tax lien superior to attachment
•No need to register tax lien because it is automatically registered once the tax accrues
•But sale of registered land to foreclose a tax lien need to be registered

PROCEDURE OF REGISTRATION OF TAX SALE:


1.Officer’s return shall be submitted to Register of Deeds together with duplicate title
2.Register in registration book
3.Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation
of title & issuance of new one
5.Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be
cancelled

ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION


ADVERSE CLAIM
1.Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of certificate of
land, name of registered owner, description of land in which right/interest is claimed – signed & sworn to
2.Statement shall be entitled to registration as adverse claim on certificate of title
3.Effective for 30 days from date of registration
4.After 30 days, may be cancelled by filing of verified petition by party in interest
•Any party may petition in court to cancel adverse claim
•Court to grant speedy hearing
•If adverse claim is adjudged invalid – may be cancelled
5.No 2nd adverse claim based on same ground shall be registered by same claimant

CHAPTER 14: REGISTRATION OF LIS PENDENS


PURPOSE: keep subject matter within the power of the court until the entry of final judgment
• Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1.Impossibility of alienating the property in dispute during the pendency of the suit
– may be alienated but purchaser is subject to final outcome of pending suit
2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS:
1.Before final judgment – court may order cancellation after showing that notice Isonly for purpose of
molesting an adverse party or it is not necessary to protectrights of party who caused it to be registered
2.Register of Deeds may also cancel by verified petition of party who caused such registration
3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION


•Sufficient that there is entry in day book
OTHER PARTIES WHO NEED TO REGISTER:
1.ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
•Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of
debtor lies
•Assignee elected or appointed by court shall be entitled to entry of newcertificate of registered land upon
presentment of copy of assignmentwith bankrupt’s certificate of title (duplicate)
•New certificate shall not that it is entered to him as assignee or trustee in insolvency proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS


•Order shall also be registered
•Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate
2.GOVERNMENT IN EMINENT DOMAIN
•Copy of judgment file in Register of Deeds which states description of property, certificate number, interest
expropriated, nature of public use
•Memorandum shall be made or new certificate of title shall be issue

CHAPTER 15:TRANSMISSION BY DESCENT AND DEVISE


WHEN OWNER OF PROPERTY DIES – testate or intestate,
•Administrator shall file with Register of Deeds registration of property in his
name to be vested with ownership as trustee so he can sell, etc, convey, etc
•Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
•Heirs may partition estate immediately & no need to be burdened with ost/expenses of an administrator
1.In absence of debts
2.Heirs are all of legal age

PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
•After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of Deeds
•Each owner to gave separate certificate of title (duplicate)
•If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of
order confirming sale

2. EXTRAJUDICIAL
a.Decedent died intestate
b. No debts
c.Heirs are all of legal age, or minors represented by guardian
•Heirs to execute public instrument to be filed with Register of Deeds
•If disagree with each other, file in court ordinary action for partition
•If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of
Deeds
•If there is movables involved, bond to be filed equivalent to valueof property as certified under oath by
parties conditioned uponpayment if any just claim which may be filed by creditor within 2years after
distribution
•Publication in newspaper of general circulation for 3 weeks; not binding to those without notice
•Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
•In provinces when person dies leaving property not covered by Torrens system– to avoid legal expenses, heirs
make a list of property, pay off debts & assign to each
•Statute of frauds – do not operate because it is not a conveyance but a separation of property and designation of
part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION
•Executor required to file with Register of Deeds a certified copy of his letters ofadministration or the will if there is
a will in order that Register of Deeds mayregister upon certificate a memorandum with reference to file no & date of
filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1.May be dispensed with if will empowers him sell
2.Without authority first secured, heir may sell subject to result of pending administration

CHAPTER 16:ASSURANCE FUND


•State creates a fund for the compensation of persons injured bydivesting/cutting off of rights due to the
indefensibility of title; following that actof registration is operative act by which State transfers title; created to
relieveinnocent persons from harshness of doctrine that certificate of title is conclusiveevidence of an
indefeasible title to land.
•Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid toRegister of Deeds based on assessed
value of land – as contribution toassurance fund; if no assessment yet, sworn declaration of 2 disinterestedpersons
subject to determination by court.
•Money shall be under custody of the National treasurer; invest it until P+Iaggregates to 500,000, excess shall be
paid to the Assurance Fund; annualreport of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1.Claimant must be owner,purchaser orencumbrancerin good faithwho sufferedactual damagebyloss of land; inshort
– he isdeprived ofhis land orinterest therein
2.No negligenceattributable tohim
3.Claimant is barred fromfiling action torecover saidland
4.Action to recover fromassurance fund has not prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:
1.Breach of trust
2.Mistake in resurvey resulting in expansion of area in certificate of title
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
1.Omission, mistake, misfeasance of Register ofDeeds or clerkof court
2. Registration of 3rd persons as owner
3. Mistake, omission,mis description in certificate of title, duplicate orentry in books
4.Cancellation

AGAINST WHOM ACTION IS FILED:


1.Action due to deprivation of land due to mistake, negligence, omission ofRegister of Deeds, etc –
Register of Deeds and National Treasurer asdefendants; Sol-Gen must appear
2.Private persons involved – should also be impleaded

LIABILITY:
1.Satisfy claims from private persons first
2.When unsatisfied – secondary liable is the National Treasurer who shall paythru assurance fund;
thereafter Government shall be subrogated to rights ofplaintiff to go against other parties or securities

MEASURE OF DAMAGES:
•Based on amount not greater than fair market value of land
•Amount to be recovered not limited to 500,000 which is maintained as standing fund
•If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to
Treasury even if not appropriated

WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:


1.Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff
2.Action prescribes in 6 years from time plaintiff actually suffered loss
3.If plaintiff is minor, insane or imprisoned – has additional 2 years after disability is removed to file action
notwithstanding expiration of regular period

CHAPTER 17:PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION


1.LOST DUPLICATE CERTIFICATE
•Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
•Petition to court for issuance of new title
•After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost
certificate (duplicate)
•If false statement: complex crime of estafa thru falsification of public document

2.ADVERSE CLAIM IN REGISTERED LAND


•Whoever claims a better right or interest in a land adverse to theregistered owner shall make written statement
alleging his right, how andwhen acquired with description of land
•Statement to be signed and sworn to
•Entitled to registration as adverse claim – noted on certificate of title
•If there is petition – speedy hearing, determine validity of adverse claim
•May be cancelled without court order; effective only for 30 days
•After cancellation, no adverse claim on same ground may be registered by same claimant
1.Adverse to registered owner
2.Arises after original registration
3.Cannot be registered under provisions of land registration act
•To be made on original certificate, to the duplicate is not necessary because no access
•Contracts of lease, contract to sell but prescription and money claims are not allowed
•Purpose: measure designed to protect the interest of a person over aproperty where registration is not provided
for by the land registrationact; serve as notice and warning to persons subsequently dealing onsaid land
•Different with lis pendens: permanent; can only be removed after hearingis done but adverse claim is only for 30
days: lis pendens – notice thatproperty is in litigation; adverse claim;somebody is claiming better right
•Recent ruling: adverse claim can only be removed upon court order

3.PETITION SEEKING SURRENDER OF DUPLICATE TITLE


•In voluntary and involuntary conveyances – when duplicate cannot beproduced, petition in court may be filed to
compel surrender of certificateof title duplicate to Register of Deeds
•After hearing, may order issuance of new certificate and annul the oldcertificate; new certificate shall contain
annotation re annulment of oldcertificate

4.AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE


•A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding
•Entries in registration books also not allowed to be altered except by order of the court
•Grounds:
1.New interest not appearing on the instrument have been created
2.Interest have terminated or ceased
3.Omission or error was made in entering certificate
4.Name of person on certificate has been changed
5.Registered owner has married
6.Marriage has terminated
7.Corporation which owner registered land has dissolved and has
not conveyed the property within 3 years after its dissolution
•What corrections are permitted in title (which does not include landsincluded in original; technical description as
long as original decree ofregistration will not be reopened and rights or interest of persons notimpaired; old survey
was incorrect; substitution of name of registeredowner)
1.Alteration which do not impair rights and
2.Alteration which impair rights – with consent of all parties
3.Alterations to correct obvious mistakes
5.RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE
•As consequence of war – records have been destroyed
•When reconstituted – have same validity as old title
•Can only be done judicially by filing a petition for reconstitution with RTC
•To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before
hearing
•In remproceedings
•Court to order reconstitution if it deemed fit; issue order to Register of Deeds
•Lack of essential data fatal
6.TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW REGISTERED
•Register of Deeds forbidden to effect registration of lost or destroyed document
•Steps by interested parties:
1.Procure authenticated copy of lost or destroyed instrument
2.Secure an order from court

CHAPTER 18: FEES, OFFENSES, PENALTIES


•In connection with original and subsequent registration of lands – payable to Clerk of court, Register of Deeds,
sheriff
•Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within
next 15 days
OFFENSES:
1. Larceny
2.Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in
discretion of court
4.Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
a.Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register
of Deeds
b.Fraudulent stamping or assistance in stamping
c.Forging of handwriting, signature of persons authorized to sign
d.Use of any document which an impression of the seal of the Register of Deeds is forged
5.Fraudulent sale: sale of mortgaged property under the misrepresentation that itis not encumbered;
deceitful disposition of property as free from encumbrance:imprisonment of 3 years or fine not exceeding 2,00 or
both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS


PUBLIC LANDS – all lands owned by the government
•Inalienable and alienable
•Inalienable – public domain: timber and miner lands
•Alienable/ Disposable- public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.


PROCEDURE:
1.Official issuing instrument of conveyance to issue instrument
2.File instrument with Register of Deeds
3.Instrument to be entered in books and owner’s duplicate to be issued
4.Instrument – only contract between Government and private person and doesnot take effect as
conveyance if unregistered, it is registration which is operativeact of conveying land; evidence of authority for
Register of Deeds to register
5.Fees to be paid by grantee
6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE


•In absence of registration, title to public land is not perfected and therefore not
indefeasible
•In case of 2 titles obtained on same date – one procured thru decree of
registration is superior than patent issued by director of lands
•2 titles procured by one person – one from homestead patent, one from judicialdecree& sold to 2 diff persons,
one who bought it for value and in good faith &one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:


•Classification is exclusive prerogative of executive & not by judiciary
•Anyone who applies for confirmation of imperfect title has burden of proof toovercome the presumption that the
land sought to be registered forms part ofpublic domain (Regalian doctrine)
UNDER THE CONSTITUTION:
1.Agricultural – only one subject to alienation
2.Forest or timber
3. Mineral lands
4. National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable
a. Agricultural
b.Residential, commercial, industrial
c. Educational, charitable
d.Town sites and for public and quasi-public uses
2.Timber lands - inalienable
3.Mineral lands inalienable
•If patent or title is issued – void ab initio for lack of jurisdiction
•Not subject to acquisitive prescription; even if in possession for long
time, will not ripen into ownership
•Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935;
vested rights which are protected

FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change
character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from
government.
DIRECTOR OF LANDS
•Quasi-judicial officer
•Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not
with regards to finding of law
•Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
1. Homestead settlement
2. Sale
3.Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization
•Lease not included since lease does not transfer ownership; free-title grant: freedistribution of public lands to
encourage people to cultivate; government furnishesthe applicant with tolls plus cash allowance to enable him to
cultivate

CONFIRMATION OF IMPERFECT TITLE:


1.Last extension granted by Government was until December 31, 1987
2.Right made available to person qualified to acquire alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession underbonafide claim of ownership since June 12,
1945.
a.Prior to transfer of sovereignty from Spain to US, have applied forpurchase but did
not receive title, without default on their part providedthey have occupied since their application
b.In OCEN possession since June 12, 1945 or earlier
c.Members of cultural minorities in OCEN who has claim of ownership for at least 30 years.

MAX LAND THAT CAN BE APPLIED: 144 hectares


•In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
•Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
•Persons who obtained title from State or thru persons who obtained title from State

PATENT

WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:


1.Deed of conveyance issued by government patent/grant
2.Registered with Register of Deeds – mandatory: operative act to convey & transfer title
3.Actual physical possession, open & continuous
•Land ceased to be part of public domain & now ownership vests to the grantee
•Any further grant by Government on same land is null & void
•Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
1.Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent
2.May not be opened one year after entry by Land Registration Authority;otherwise, confusion,
uncertainty & confusion on government system, ofdistribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad
faith
•Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

AIM OF HOMESTEAD PATENT:


•Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home
and cultivation
•As a matter of public policy, may be repurchased even if after 5 years provided not for profit
•Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose
RESTRICTIONS:
1.Cannot be alienated within 5 years after approval of application for patent
2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3.Subject to repurchase of heirs within 5 years after alienation when allowed already
4.No corporation, partnership, association may acquire unless solely forcommercial, industrial, educational,
religious or charitable purpose or right ofway subject to consent of grantee & approval of Secretary of Natural
resources
EXCEPTIONS:
1.Action for partition because it is not a conveyance
2.Alienations or encumbrances made in favor of the government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
•Pari delicto rule does not apply in void contract
•Violation of prohibition results in void contract
•Action to recover does not prescribe

HOMESTEADER
•If he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)
•Conveyance is valid if able to read and can understand language where deed is written
•Otherwise, not valid unless approved by Commission on National Integration
•Safeguard is to protect them against fraud/deceit

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS


PURPOSE:
•Another means to bring lands under operation of Torrens System
•Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and
accelerate registration
•Government initiates that all lands within a stated region are up for registration – whether or not owners are
interested to settle their titles
NATURE OF PROCEEDINGS:
•In rem
•No defendant & no plaintiff
•Compulsor