ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER
LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property. DEED is the instrument in writing by 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. LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. Legarda v. Saleeby, 31 Phil 590 (1915) PURPOSES: QUIP-CC 1. To quiet title to the land and to stop forever any question as to the legality of said title 2. To relieve the land of unknown claims 3. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized 4. To give every registered owner complete peace of mind 5. To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land 6. To avoid conflicts of title in and to real estate and to facilitate transactions. Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963) The registration of property is to: (1) avoid possible QuickTime™ real conflicts of title in and to and a property, and (2) TIFF (Uncompressed) decompressor are needed to see this facilitate transactions relativepicture. thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, EXCEPT when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.
NATURE OF TORRENS SYSTEM • Judicial in character and not merely administrative • Proceeding is in rem (binding upon the whole world) CONCEPT OF TORRENS SYSTEM • Does not create or vest title • Only confirms (does not confer) ownership TORRENS TITLE is a certificate of ownership issued under the Torrens System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law. • • GENERAL RULE: A title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons
PROBATIVE VALUE OF THE TORRENS TITLE • Torrens Title may be received in evidence in all courts in the Philippines, and shall be conclusive as to all matters contained therein, principally as to the identity of the land owner except so far as provided in the Land Registration Act. TYPES OF TORRENS CERTIFICATES OF TITLE 1. Original Certificate of Title: the first title issued in the name of the registered owner by the Register of Deeds (ROD) covering a parcel of land which had been registered by virtue of a judicial or administrative proceeding. 2. Transfer Certificate of Title: the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance. MODES OF ACQUIRING TITLE: 1. Public Grant • A conveyance of public land by government to a private individual 2. Acquisitive • Must be OCEN: in open, Prescription continuous, exclusive, and
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig—
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notorious possession If in good faith & with just title: 10 yrs. uninterrupted possession is required • If in bad faith & without just title: 30 yrs. continuous possession is required • Only available if the land possessed is public land that is alienable and disposable • A property registered under the provisions of PD 1529 is not subject to prescription • Prescription is unavailing not only against the registered owner, but also against his hereditary successors Requisites: 1. The deposit of soil or sediment be gradual and imperceptible, 2. It is the result of the curret of the waters (river/sea), and 3. The land where accretion takes place is adjacent to the banks of rivers or the sea coast • Accretion to registered lands need new registration • No human intervention • The current causing the alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the state. (Government of the Phils. v. Cabangis 53 phil 112 ) • Filling of submerged land by deliberate act and reclaiming title thereto • Must be initially owned by government QuickTime™ and a TIFF• ncompressed) decompressor (U May be subsequently are needed to see this picture. transferred to private owners • Private grant • Voluntary execution of deed of conveyance • Contractual relationship between the parties • Consensual • 6. Involuntary Alienation • • 7. Descent or Devise 8. Emancipation Patent/Grant (Certificate of Land Ownership Award) • • • No consent from the owner of land Forcible acquisition by the State Hereditary succession to the estate of deceased owner To ameliorate the sad plight of tenant-farmers Such grant is not transferable except by hereditary succession
LAWS IMPLEMENTING LAND REGISTRATION 1. Property Registration Decree (P.D. 1529, as amended) 2. Cadastral Act (Act 2259, as amended) 3. Public Land Act (Commonwealth Act 141, as amended) 4. Emancipation Decree (P.D. 27, as amended) 5. Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended) ADMINISTRATION OF THE TORRENS SYSTEM 1. LAND REGISTRATION AUTHORITY (LRA) • Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ • Consists of an Administrator assisted by 2 Deputy Administrators FUNCTIONS OF THE LRA: SAC 1. Extend speedy and effective assistance to the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government 2. Extend assistance to courts in ordinary and cadastral land registration proceedings 3. Be the central repository of records relative to original registration of lands titled under the Torrens system, including the subdivision and consolidation plans of titled lands 2. REGISTER OF DEEDS (ROD) • Constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated • Headed by the Register of Deeds, assisted by a Deputy
5. Voluntary Transfer
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Villaseñor. public forest.Civil Law Summer Reviewer
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FUNCTIONS OF THE ROD: IPDI 1. Doctrine under forest reserves lands. and the like is ministerial in nature. ports and bridges constructed by the State. 7. stating the ground or reason therefore. 5. 11. Where the voluntary instrument bears on its face an infirmity 3. 1. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD 2. he shall deny the registration thereof and inform the presentor of such denial in writing. Atmospheric water. The act being an administrative act does not contemplate notice to and hearing of interested parties. and advising him of his right to appeal by consulta in accordance with Sec. court suit are needed to pending a. Continuous or intermittent (PD 1067 ) waters of springs and brooks running in their natural beds and the beds themselves. Seawater. Mar. Prepare and keep an index system which contains the names of all registered owners and lands registered Baranda v. Where the validity of the instrument sought to be QuickTime™ and a TIFF (Uncompressed) decompressor registered is in issue in a see this picture. banks. NOTE: When the ROD is in doubt as to the proper action to take on an instrument or deed presented to him for registration. 13 SCRA 494 (1965) It is enough that in the ROD’s opinion an instrument is registrable for him to register it. All other categories of surface waters such as water flowing over lands. seepage and drainage. Subterranean or ground water. Almirol v. Water Code 2. Arts. Lakes and lagoons naturally waters rising on such lands. No. 6. mineral the 1935. Continuous or intermittent waters rising on such lands. ROD of Agusan. Ledesma v. roadsteads. PD 1529). 10. 5 & 6. 9. 4. and water from agriculture runoff.R. NCC such as roads. lands and 1987 Constitution
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. instruments. 165 SCRA 757 (1988) The function of the ROD with reference to registration of deeds. Registration may be suspended Gallardo v. and not to the ROD. Natural lakes and lagoons. 3. Those which belong to the State. Rain water and falling on such lands. IAC. 155 SCRA 248 (1987) The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be verified and acknowledges before a notary public or other public officer authorized by law to take acknowledgement. and 12. Shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled 3. water form rainfall whether natural or artificial. 20. rivers. and others of similar character 2. Waters in swamps and marshes Regalian Forest or timberland. without being for public use. If the instrument is not registerable. Gustilo. Immediately register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration 2. L-22486. Notice of pending suit must be given to parties b. Subterranean or ground waters. Rivers and their natural beds. torrents. encumbrances. Balbin v. ROD. shores. and are intended for some public service or for the development of the national wealth. he should submit the question to the Administrator of the LRA en consulta (Section 117. NON-REGISTRABLE PROPERTIES Article 420 1. 117 of PD 1529 4. 1973. Those intended for public use. 1968 The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction. 28 SCRA 12 (1969) Instances when the ROD may validly deny registration of a voluntary instrument: 1. Found in private lands: 8. G.
153 SCRA 351 (1987) As provided for under Sec. ISSUE: Whether the land sold was alienable. (SHAI) G. 120 SCRA 210 (1983) 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 the Torrens system. Survey of land by the Bureau of Lands or a duly licensed private surveyor a. Original Registration 2. Republic v. through the Office of the President. What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. Republic v. 6 of CA 141. CA. Heirs of Felipe Alejaga. mineral. the Court upheld the contention of the Republic that the JUSMAG area is inalienable.Civil Law Summer Reviewer
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Bureau of Forestry v. or forest lands is now a prerogative of the Executive Department of the government and not the courts. the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. With these rules. forest or mineral but the Executive Branch of the government. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes. Republic v. of AFP military mostly bydecompressor are needed to see wives officers. Vera. then Pres Ramos ordered the OSG to institute an action towards the cancellation of TCT 15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation. No. The whole conveyance process was also suspicious since the whole process was accomplished only in one day. Sep. was able to secure title in its name over the bulk. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423. SHAI had not pointed to any proclamation or legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Administrative/Involuntary/Cadastral – compulsory registration initiated by the government PROCEDURE IN ORDINARY LAND REGISTRATION: SFD-TP-SAHJ-DECT 1. even if incidentally it is devoted for a purpose other than as a military camp or for defense. reported land scams at the FBMR and also finding that the signature of Palad was forged. Judicial/Voluntary/Ordinary – by filing with the proper court.and a QuickTime™ SHAI . the same having not effectively been separated from the military reservation and declared as alienable and disposable. there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural. was issued by former President Carlos Garcia. TYPES OF REGISTRATION: 1. 393 SCRA 361 (2002) The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means. which was lifted from Act 2874. In 1993. KINDS OF JUDICIAL REGISTRATION: 1. Subsequent Registration ORIGINAL REGISTRATION UNDER PD 1529 is a proceeding brought before the RTC (as a land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration. As regards the issue of inalienability. Survey plan must be duly approved by the
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. HELD: NO.R. 2006 FACTS: Proclamation No 423 which established a military reservation known as Fort William McKinley – later renamed Fort Bonifacio Military Reservation. Southside Homeowners Association Inc. Sr. however. its status as part of a military reservation remains. if not the entire. a non-stock TIFF corporation organized (Uncompressed) this picture. JUSMAG area. application by the private individual himself 2. The investigation conducted by the DOJ. the classification or reclassification of public lands into alienable or disposable. 22. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. 156951 & 173408. Furthermore. Until a given parcel of land is released from its classification as part of the military reservation zone and reclassified by law or by presidential proclamation as disposable and alienable.
or shore. or on an arm of the sea where a river or harbor lies iv. set hearing 45-90 days from date of order 4. and Director of Mines. With all muniments of titles and copies thereof with survey plan approved by Bureau of Lands MUNIMENTS OF TITLE are instruments or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate b. if the applicant requests to have the line of a public way or road determined iii. with all the documents or other evidences attached thereto. Once in the Official Gazette (this confers jurisdiction upon the court) ii. Other persons as the court may deem proper c.Civil Law Summer Reviewer
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Director of Lands. Publication of notice of the filing of the application and the date and place of the hearing in the Official Gazette required are • The three notices mandatory. for upon this court . and Mayor. contains technical description of land. Always filed at the RTC of the place where land is situated c. 2. 10. 8. navigable stream. occupants and those known to have interests in the property Filing of answer to the application by any person whether named in the notice or not Hearing by the court Promulgation of judgment by the Court Issuance of the decree declaring the decision final and instructing the LRA to issue a decree of confirmation and registration • DECREE– issued by LRA after finality of judgment. WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: OPAL
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12. 13. Setting of the date of initial hearing of application by the RTC a.
11. if the land borders on a river. Indorsed to the MTC if there is no controversy over the land or if its value is less than 100. and invite them to take part in the case and assert and prove their rights over the subject land b. Provincial Governor. Mailing • Within 7 days after publication of said notice in the OG. If land is situated between boundaries of 2 provinces.
NOTE: Noncompliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts. Transmittal of the application and the date of the initial hearing. Sec. • Puts an end to litigation • Purpose of Torrens system is protected Sending a copy of the decree of registration to the corresponding ROD Transcription of the decree of registration in the registration book and issuance of the owner’s duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees i. Publication of notice of initial hearing i.
6. Once in a newspaper of general circulation • Purpose of publication: . Director of Fisheries. of Public Highways. appeal is directed to the CA e. Filing of application for registration by the applicant a. ii. Posting • Posting in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing Service of notice by the sheriff upon contiguous owners. application must be filed: • When boundaries are not defined: in the RTC of the place where it is declared for taxation purposes. • When boundaries are defined: separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC 3. 9.To charge the whole world with knowledge of the application of the land involved. mailing of notice to: Persons named in the notice Sec. by the Clerk of Court to the LRA 5. In cases of delegated jurisdiction to the MTC. It is deemed conclusive as to the whole world. Director of Lands. Within 5 days. it becomes incontrovertible and amendments will not be allowed except clerical errors.To TIFF (Uncompressed) decompressor over the land conferQuickTime™ and a jurisdiction appliedare needed to seethepicture. of Agrarian Reform. Decrees dismissing application ii. Solicitor General.000 d. Decrees of confirmation and registration • Subject only to appeal Entry of the decree of registration in the LRA • 1 year after the date of entry. a.
15. 20. and • if the marriage has been legally dissolved. However. 2. name of spouse. continuous. If the applicant is a non-resident of the Philippines. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created c. Article XII. and if not known. PD 1529)
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. PD 1529) • In writing • Signed by the applicant or person duly authorized in his behalf • Sworn to before an officer authorized to administer oath for the province or city where the application was actually signed • If there is more than 1 applicant. 1.000 hectares c. If the application describes the land as bounded by a public or private way or road.000 hectares in area for a period of 25 years and renewable for not more than 25 years (Sec. by way of exception juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. 1945 or earlier 2. At least 60% Filipino (Sec. exclusive. 1987 Constitution) a. and except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a juridical entity (in this case. the applicant shall state the extent of the search made to find them 7. legal or equitable 5. Citizenship and civil status of the applicant • if married. 16. Limited to 1. Public land sales applicant admits he is not the owner in his application 2. 1987 Constitution) b. it shall state whether or not the applicant claims any portion of the land within the limits of the way or road. Mortgagee or his successor-in-interest to the mortgage when mortgage is assigned (pactum commissorium) 3. 15. Mortgage or encumbrance affecting the land or names of other persons who may have an interest therein. Description of the land applied for together with the buildings and improvements. Antichretic creditor since he holds not in the concept of an owner 4. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines (Sec. Person or entity whose claim of ownership to land had been previously denied in a reivindicatory action and the right of ownership thereto of another is upheld by the courts FORM OF THE APPLICATION (Sec. when and how the marriage relation was terminated 3. Patrimonial Property of the State (Sec. Article XII. it is restricted to 1. LIMITATION TO OWNERSHIP OF LAND BY CORPORATION: 1. and whether the applicant desires to have the line of way or road determined (Sec.Civil Law Summer Reviewer
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1. Manner of acquisition of land 6. Those who by themselves or through their predecessors-in-interest have been in open. Those who have acquired ownership of land in any manner provided for by law NOTE: All these persons must be natural-born Filipino citizens. he shall file an instrument appointing an agent residing in the Phils. Lease (CANNOT own land of the public domain) for 25 years renewable b. PD 1529): D-CAEM-ARF 1. Full names and addresses of all occupants of the land and those of the adjoining owners. they shall be signed and sworn to by and in behalf of each. The court may require facts to be stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers 9. if known. Article XII. 1987 Constitution). 7.024 hectares. Assessed value of the land and the buildings and other improvements based on the last assessment for taxation purposes 4. Apply to both Filipinos & foreign corporations PERSONS WHO CANNOT PROPERLY FILE AN APPLICATION FOR REGISTRATION OF LAND: QuickTime™ and a TIFF (Uncompressed) decompressor PMAP are needed to see this picture. 3. the plan approved by Director of Lands and the technical descriptions must be attached 2. CONTENTS OF APPLICATION (Sec. Those who acquired ownership of private land by prescription under the provisions of existing laws 3. If engaged in agriculture. Those who acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws 4. notorious possession of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. a corporation may apply for judicial confirmation of title). Private Lands a. PD 1529) 8. 3.
Tuason. Substantial change in New technical boundaries. In the latter case. The reason is because without a new publication. the value of which does not exceed 100. the change has simplified registration proceedings by conferring upon the RTCs the authority to act not only on original applications but also those filed after original registration. the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application. and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. Decrease in area File motion with court. or File motion with court QuickTime™ and a TIFF of discontinuance of any (Uncompressed) decompressor are needed to see this picture. or diminished either in collateral or direct proceeding after the lapse of the 1-year period prescribed by the law. • If there are several parcels of land situated in different provinces/cities but belong to one owner. a new publication is not necessary. − File together with application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands Averia v. with a motion praying that the same be If transaction is AFTER Issuance of Decree • Register directly with ROD for purpose of canceling such title and issuing a TCT
AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS 1. or − contested lots. the jurisdiction of the court is not affected by the failure of a new application. If transaction is BEFORE Issuance of Decree • Record instrument in ROD in same manner as if no application was made • Present instrument to RTC. Striking out one or more The court may strike of the parcels of land out at any time applied for or by a severance of the application 2. no need for new publication or notice Benin v. The purpose of the new publication is to give notice to all persons concerned regarding the amended application. The amendment may be made in application or in the survey plan. 57 SCRA 531 (1974) Under Section 23 of Act 496. and third parties who have not had the opportunity to present their claim might be prejudiced in their rights because of failure of notice. a new publication of the amended application must be made. Joinder. or order an amendment of the application
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. substitution. inclusion of publication and notice additional land are necessary 3. DOCTRINE OF NON-COLLATERAL ATTACK OF DECREE OR TITLE • A decree of registration and registered title cannot be impugned. But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published. If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the application for registration of an area or parcel of land not previously included in the original application. the registration court may allow.000 for registration when it appears to the court that the amendment is necessary and proper. the parties 4. or in both since the application and survey plan go together. increase in description and new area. altered. enlarged. 146 SCRA 459 (1986) PD 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court. as published. Aimed at avoiding multiplicity of suits. modified.Civil Law Summer Reviewer
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WHERE TO FILE APPLICATION • GENERAL RULE: RTC of the province or city where the land is situated. the court may at anytime order an application to be amended by striking out one or more parcels or by severance of the application. with power to hear and determine all questions arising upon such applications or petitions. Under Section 24 of the same act. Caguioa. Without a new publication. he must file in RTC of each province/city where different parcels of land are located for registration purposes • EXCEPTION: Delegated jurisdiction of the MTC to hear and determine cadastral or land registration cases covering lots where − there is no controversy or opposition. the law is infringed with respect to the publicity that is required in registration proceedings.
or prior thereto. prior to the effectivity of PD 1073 (January 25. 146 SCRA 509 ). 1945. 1971. Private corporations or associations which had acquired lands. Dir. even if such application was filed during the intervening period from January 1. 75 Phil 890 ) 2. who have acquired disposable and alienable lands of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Republic v.Civil Law Summer Reviewer
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considered in relation to the pending application REQUISITES OF OPPOSITION: 1. continuous. The latest extension of the period to December 31. IAC and ACME. CA. 4. 1977). IAC and ACME. Apply for the remedy desired 4. Respect should be given to the obvious intention of the lawmaker in extending the period for filing such applications time and again. 2.
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. 235 SCRA 567 ). 3. to give full opportunity to those who are qualified under the law to own disposable lands of the public domain and thus reduce the number of landless among the citizenry. 2020 within which to file said applications. 3. the land was already private land (Director of Lands v. RA 6940) WHO MAY BE APPLICANTS: FFPL 1. 146 SCRA 509 ).
LIMITATION TO AREA APPLIED FOR: • Maximum of 12 hectares (Sec. Signed and sworn to by him or by some other duly authorized person GENERAL DEFAULT When no person appears and answers within time prescribed SPECIAL DEFAULT When a party appears at initial hearing without having filed an answer and asks court for time to file answer but failed to do so within period allowed 1976 did so on time. from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. 1969 to June 18. 90 SCRA 422 (1979) FACTS: Petitioner contended that CFI of Isabela should have dismissed the application for registration based on an imperfect or incomplete title because it has no jurisdiction over it inasmuch as it was filed on March 1.
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND ACT • In rem.
TIFF (Uncompressed) decompressor ISSUE: are needed to see this picture. or at least since January 24. after December 31. IAC and ACME. that is. Of Lands v. judicial proceedings • The decree of registration issued is conclusive and final • Governed by court procedure and law of evidence WHEN TO FILE • Extended up to December 31. Dir. formerly part of the alienable and disposable lands of the public domain. exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership. as provided in Sec. State interest claimed by oppositor 3. in open. 2020. It is clear from the law itself that those who applied for judicial confirmation of their title at any time prior to the cut-off date of December 31. as provided in Sec. QuickTime™ and a
HELD: YES. or ever since time immemorial (Oh Cho v. 1971. 48(b) of CA 141 if at the time of the institution of the registration proceedings. Filipino citizens who by themselves or through their predecessors-in-interest have been in open. Natural born citizens of the Philippines who may have lost their Philippine citizenship. continuous. Filipino citizens who by themselves or through their predecessors-in-interest have been. 146 SCRA 509 ). 2 of RA 9176 Director of Lands v. 1947 (RA 1942. NOTE: A private corporation may institute confirmation proceedings under Sec. for at least 30 years. 1968. Abairo. the expiry date for filing such kind of application under RA 2061. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12. shall apply where the area applied for does not exceed 12 hectares. Set forth objections to the application 2. Of Lands v. RA 9176. Of Lands. Whether or not the application is valid despite being filed after the period expired and before the extension was granted.
By virtue of the lease. 106 SCRA 426 (1981) A judicial declaration that a parcel of land is public. Because of this inherent weakness. is claiming possessory. and • His possession was for the length of time and in the manner and concept required by law NOTE: Form. Contents. 6 months from its effectivity or on 14 August 1976). WHAT APPLICANT MUST PROVE: • The land is alienable and disposable land of the public domain. 202 SCRA 439 (1991) Determinative of this issue is the character of the parcels of land – whether they were still public or already private – when the registration proceedings were commenced. Santiago is presently occupying the land. The holder of a Spanish title may still lose his ownership of the real property to the occupant who actually possesses the same for the required prescriptive period. Land has already become PRIVATE. rights over the parcels of land. it has clearly set a deadline for the filing of applications for registration of ALL Spanish titles under the Torrens system (i. such as those provided in PD 1529 or in the Public Land Act. the Spanish titles may no longer be presented to prove ownership. must be coupled with proof of actual possession for the period required by law) 3. If they are already private lands. deeds this picture. the fact that petitioners were in actual possession of the property when they filed the complaint with the RTC on April 29. November 20. CA. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug.e. in his lifetime. However. GR No. Notice. the applicant for registration of his Spanish title under the Torrens system must also submit proof that he is in actual possession of the real property by virtue of prescription. on the other hand. Actual proof of possession only becomes necessary because Spanish titles are subject to prescription. 156888. was the owner of parcels of land registered in his name under a Spanish title. FACTS: Rodriguez is claiming to be the sole heir and administrator of the estate of Hermogenes Rodriguez who. Rodriguez leased the parcels of land to Santiago and Mateo for a period of 50 years. Although PD 892 reads: “Whereas. being subject to prescription. Therefore. ipso jure. by using them for its own commercial and other purposes. Other kinds of proof (ex. PROOF OF PRIVATE OWNERSHIP: STOP 1. Mailing. as amended and as long as said public land remains alienable and disposable. after which.Civil Law Summer Reviewer
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• As long as the land is already considered as having become “private” through prescription. 48 of CA 141. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee. testimonial evidence QuickTime™ and a TIFF (Uncompressed) decompressor of sale) to prove accretion. a corporation may institute confirmation proceedings. Director of Lands v. 1996 does not exclude them from the application of PD 892. when previously acquired by prescription by a natural person. 2006
. CA. a law ceding full ownership to a government institution) Santiago v. does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land. Taking the law as a whole. the constitutional prohibition against acquisitions by a private corporation would not apply. Spanish titles can no
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Natividad v. provided he thereafter complies with the provisions of Sec. and their Spanish title remain inadmissible as evidence of their ownership of the property. Tax declarations and tax payments (not conclusive evidence of ownership. this does not bar holders of Spanish titles from claiming ownership of real property on some other basis.. ISSUE: Whether or not Spanish Titles are still admissible as evidence of ownership of lands HELD: No. Having a PRIVATE character (no longer public). 1976) 2. SBMA.” petitioners cannot claim that they can still present the Spanish title as proof of ownership since they were in actual possession. are needed to see 4. whether in a land registration proceeding or in an action to remove a cloud on or to quiet title. are now ineffective to prove ownership unless accompanied by proof of actual possession…. Spanish titles to lands which have not yet been brought under the operation of the Torrens system. 16. For sure. Posting Requirements are the same as those required in original registration under PD 1529. if not proprietary. the land would no longer be barred by the Constitution to be owned by a corporation. SBMA.
entered and file decree of registration in LRA 5. Accion publiciana 4. • It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment. or rights arising or existing under the laws and the Constitution. which are not by law required to appear on record in the Register of Deeds in order to be valid iii. dated. ROD to send notice to registered owner ready for delivery after payment of fees 8. claims. his age 4. 178 SCRA 692 ). Bound in consecutive order ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED LANDS: 1. no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying • When writ may not issue: When a party entered into property after issuance of final decree. Writ of Demolition: the complement of writ of to demolish improvements possession. the nature of
TIFF (Uncompressed) decompressor are needed to see this picture. Writ of Possession: order to sheriff to deliver the land to the successful party litigant. Other matters to be determined in pursuance of the law PROCESS OF ISSUING THE OCT: 1. attachments. the demolition of improvements introduced by the defeated oppositor or his successor-in-interest 4. and also show their relative easements. Unlawful detainer 3. hour and minute of its entry 2. b. JUDGMENT is a decision of court constituting its opinion after taking into consideration the evidence submitted. Liens. including the government. Whether the owner is married or unmarried. EXCEPTIONS: CNT-PD Those noted on the certificate i. is not an oppositor in registration proceeding. POST-JUDGMENT INCIDENTS 1. and if married. Enter in record book. the name of the spouse. signed. and other encumbrances 5. • Binds the land. Forcible entry 2. Original copy to be filed in ROD 10. the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA (Republic v. introduced by oppositor or his successor in interest MEANS TO RECOVER POSSESSION: 1. liens. Within 15 days from finality of order of judgment directing registration of title – court orders the LRA to issue decree of registration and certificate of title 2. Accion reivindicatoria DECREE OF REGISTRATION : • The decree issued by the LRA pursuant to the order of the court. and is in possession of land for at least 10 years 2. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser
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. Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator. If the owner is under disability. Assosacion Benevola de Cebu. • However. subject only to such exceptions or liens as may be provided by law • Conclusive upon all persons including the government QuickTime™ and a CONTENTS OF THE DECREE: DMD-DO 1. Date. The court has authority to order. Writ of Demolition may be issued. Claims and liens of whatever character existing against the land prior to the issuance of the certificate of title are cut off by such certificate and the certificate so issued binds the whole world. Clerk of court will send order of court and copies of judgment 3. and if a minor. as a consequence of the writ of possession issued by it. quiets title thereto. notwithstanding the lapse of the 15day period from receipt of judgment by the parties. ROD shall send duplicate and note on each certificate of title to whom it is issued 9. Send to ROD the original and duplicate of title and certificate for entry in his registration book 6.
such disability. Free from liens and encumbrances a.Civil Law Summer Reviewer
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longer be countenanced as indubitable evidence of land ownership. the decree shall be issued in the name of both spouses 3. provided that if the land is conjugal property. ii. Description of the land and shall set forth the estate of the owner. numbered and sealed to take effect upon date of entry 7.
prevails over Aurelio’s.Civil Law Summer Reviewer
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for value Any public highway. Aurelio’s father-in-law. especially considering that the latter was correctly nullified by the RTC
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. but the mortgage did not push through. The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. not when it concerns that of the TCT. EXCEPTIONS: PNF i. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. 162593. Spouses Zaldivar. adversely. 17993 was issued in Aurelio’s name. openly. on the other hand. bought the same from Gil in 1951. The said title is registered in the name of Aurelio Zaldivar. 8502 was never lost. or any government irrigation. Even adverse. T-17993 and reconveyance of the property covered therein. With respect to the claim of acquisitive prescription. she claimed it had been lost. Sep. Inc. T-8502 because when they asked Remegia about it. 3. Neither can the spouses rely on the principle of indefeasibility of TCT No. 2006 FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. Any disposition of the property or limitation on the issue thereof pursuant to PD 27 or any other law or regulations on agrarian reform 2. b. When land covered is not capable of registration iii. the decree and the corresponding certificate of title becomes incontrovertible and indefeasible. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. A petition for partial cancellation of the said TCT was granted and TCT No. proof of possession by the Zaldivars is both immaterial and inconsequential. 72 SCRA 193 (1976) The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the OCT. notorious and continuous possession under claim of ownership for the period fixed by law is ineffective against a Torrens title (JM Tuason and Co. it is baseless when the land involved is a registered land since no title to registered land in derogation of that of the registered owner shall be acquired by adverse possession. Consequently. The Zaldivars. Arguelles v. 100 Phil 277 ). Remegia’s title. GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA. Gamponia. 79 SCRA 525 ). the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before a notary public in 1965. Remigia alleged that she was the registered owner of a lot. GR No. Feliciano v. It was originally leased to Pio Dalman. 8502 in the name of Remegia has remained valid. part of which is that covered by both the above TCT and TCT No. or private way established or recognized by law. 93 SCRA 146 ). CA. publicly. in turn. and continuously or for 41 years already. CA. Gil allegedly purchased the property from Remegia. 8502. canal or lateral thereof. Laches may be invoked to bar QuickTime™ a reconveyance of landandto the registered TIFF (Uncompressed) decompressor owner only are needed to see this intervening rights of if there are picture. Incontrovertible and indefeasible a. v. Registered land not subject to prescription a. If previous valid title of the same land exists ii. 26. c. claimed that Aurelio bought the property from Dalman who. Timbancaya. b. thus. They also allege that they and their predecessorsin-interest have been occupying the said property since 1947. 17993 by virtue of the fact that TCT No. When acquisition of certificate is attended by fraud iv. She vehemently denies ever executing a joint affidavit confirming the sale to Gil and insists that TCT No. She attempted to mortgage the lot to Ignacio Gil. third persons which may be affected or prejudiced if such land is returned to the registered owner (De Lucas v. if the certificate of title does not state the boundaries of such highway or irrigation canal or lateral thereof have been determined v. It cannot perforce be acquired by prescription (Ruiz v.
As such. Erasusta. however. From liability to any lien of any description established by law on the land and buildings thereon. constitutes gross negligence amounting to bad faith. From any right or liability that may arise due to change of the law on descent e. Amorin took possession of such properties. From the right of the government to take the land by eminent domain g. Remegia’s right to recover possession was never barred by laches. or in the interest of the owner in such land or buildings d. 4. ISSUE: Whether or not the Bank is an innocent purchaser for value whose title must be upheld. as here. Valenzuela mortgaged such properties to Pacific Bank. General incidents of registered land • Registered land or the owners thereof are not relieved from the following: a. CA.Civil Law Summer Reviewer
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as it emanated from the new owner’s duplicate TCT No. From liability to attachment or levy on execution c. Therefore. From liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences h. v. landlord and tenant b. Torrens Certificate presumed valid and devoid of flaws a. 149231. From any rights incident to the relation of husband and wife. the law with a the protection of better right over the lots than the Amorins. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title. From any other rights or liabilities
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. b. 2006 FACTS: Lucena de los Reyes (petitioner’s mother) sold 2 lots to Fortunato Amorin. is familiar with rules on land registration. GR No. it is a familiar doctrine that a forged or fraudulent document may become the root of a valid title. it behooved respondent Bank to conduct a more exhaustive investigation on the history of the mortgagor’s title.” 5. It cannot be overemphasized that respondent Bank. which. Accordingly. 8502. GENERAL RULE: Torrens Certificate of Title is presumed to have been regularly issued. Certificate of title not subject to collateral attack a. if the property has already been transferred from the name of the owner to that of the forger. to whom she entrusted the documents evidencing her rights over the lots. CA QuickTime™ innocent purchaser declared respondent Bank an and a TIFF (Uncompressed) decompressor for value entitled toare needed to see this picture. Sec. While. was procured by Aurelio through fraudulent means. The Amorins filed an action for Recovery of Ownership with Damages. given inter alia the suspicionprovoking presence of occupants other than the owner on the land to be mortgaged. EXCEPTION: When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry. July 17. Later. From the rights of partition between coowners f. In the absence of such inquiry. it was. claiming that such property had been foreclosed by such Bank. 48 of PD 1529 provides that “a certificate of title shall not be subject to collateral attack. or cancelled except in a direct proceeding in accordance with the law. HELD: NO. Pacific Bank demanded that the Amorins vacate the properties. Laches has not set in against Remegia as she merely tolerated the occupation by the Zaldivars of the subject lot. As it turned out De Los Reyes was deceived by a certain Benjamin Valenzuela. Respondent Bank foreclosed and bought the properties. visible and public possession of a person other than the mortgagor. the latter fraudulently transferred the rights over the lots to his name. It cannot be altered. expected to exercise more care and prudence than private individuals in their dealing with registered lands. modified. The buyer has the right to rely upon the face of the Torrens title and dispense with the trouble of inquiring further. the respondent Bank cannot and should not be regarded as a mortgagee/purchaser in good faith. 6. being in the business of extending loans secured by real estate mortgage. That respondent Bank accepted in mortgage the property in question notwithstanding the existence of structures on the property and which were in actual. and without defects. the same is not true. valid. in turn. Jr.
and also to such instruments which are not the willful acts of the registered owner and which may have been executed even without his knowledge or against his consent • Attachment • Injunction • Mandamus • Sale on execution of judgment or sales for taxes • Adverse claims • Notice of lis pendens Entry thereof in the day book of the ROD is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the ROD
• Sale • Real property mortgage • Lease • Pacto de retro sale • Extra-judicial settlement • Free patent/homestead • Powers of attorney • Trusts An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owner’s duplicate certificate of title covering the land sold and pays the registration fees Need to present title to record the deed in registry & to make memorandum on title
No presentation required. Refer to such writ or QuickTime™ and a process issued instruments. there are instances where such a fraudulent document may become the root of a valid title. over property held in trust by him for another cannot repudiate the trust relying on the registrations. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process. Even if a decree in a registration proceeding is infected with nullity. such being one of the limitations upon the finality of title b. the purchaser is not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Fule v. 281 SCRA 491 ). or order or TIFF (Uncompressed) decompressor see a picture. VOLUNTARY INVOLUNTARY DEALINGS DEALINGS Refer to deeds. if deed is not registered. still. CA & Suzara.Civil Law Summer Reviewer
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created by law and applicable to unregistered land 7. Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner thereof SUBSEQUENT REGISTRATION • Where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest. • Although generally a forged or fraudulent deed is a nullity and conveys no title. or any encumbrance thereon. and b. an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. annotation in entry book is sufficient
VOLUNTARY DEALINGS Operative Act: registration by owner. 3. it is binding only between parties • GENERAL RULE: Where there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property. the mere execution of the deeds of sale. Where certificate of title is obtained by a trustee a. It is only the act of registering the instrument in the ROD of the province or city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned. • Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to go behind the certificate to determine the condition of the property. • Rules as to the necessity and effects of registration in general 1. 7 SCRA 351 ).
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. Legare. Trustee who obtains a Torrens title in his name. Except a will that purports to convey or affect a registered land. mortgage. as a contract between the parties thereto. documents which areare needed toby thiscourt of record results of the free and affecting registered land voluntary acts of the which by law should be parties thereto registered to be effective. or lease or other voluntary documents serve only 2 purposes: a. however. as evidence of authority to the ROD to register such documents 2.
it shall be a pledge and not a chattel mortgage (if no chattel mortgage deed executed) • Actual knowledge is same effect as registration AFFIDAVIT OF GOOD FAITH: • Statement that: 1. 174 SCRA 484 ) 4. Sufficiently strong indications to impel closer inquiry into the location. Owner’s Duplicate and affidavit of good faith c. Purchaser had full knowledge of flaws and defects in the title (Bernales v. File the instrument creating or transferring the interest and the certificate of title with ROD. That it is a valid and just obligation 3. and reference to volume and page of the registration book in which it was registered 3. Payment of fees d. Document of needed to ser: 1picture. 6. the land was subsequently sold to an innocent purchaser (Fule v. CA. including: a. ROD enters in Day Book in strict order of their presentation chattel mortgages and other instruments relating thereto (primary process) 5. 5. Issuance of the TCT REGISTRATION OF REAL PROPERTY MORTGAGE: 1. it is delivered. EXCEPTIONS: BOB-IM-LK 1. 166 SCRA 519. city/provincial assessor 2. 365 SCRA 1 ). signature. Purchaser in bad faith (Egeo v. No duplicate need be issued REGISTRATION OF CHATTEL MORTGAGE: 1. The ruling in Fule v. boundaries. Registration with ROD where the land lies a. IAC. ROD shall make a memorandum on the certificate of title. signed by him 3. Mortgage is made to secure obligation specified 2. GSIS. and condition of the lot (Francisco v. Present deed of mortgage together with b. Payment of fees and documentary stamp tax c. 39 SCRA 221 ). Tomas. CA. 7 SCRA 351 ). Creates a lien that attaches to the property in favor of the mortgagee 2. the general rule that a purchaser or mortgagee of the land is not required to look further than what appears on the face of the title does not apply (Dela Merced v. ).Civil Law Summer Reviewer
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One such instance is where the certificate of title was already transferred from the name of the true owner to the forger. Execution of document 2. ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process) EFFECT OF REGISTRATION: 1. ROD shall enter upon original certificate of title and upon duplicate a memorandum (date. Legare. file number assigned to deed) e. Constructive notice of his interest in the property to the whole world EFFECT OF FAILURE TO REGISTER: • Valid between parties but void against 3rd persons • If instead of registration. 98 SCRA 280 ). Purchases land with a certificate of title containing a notice of lis pendens 7. 2. 3. 153 SCRA 330 ). Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title (Quiniano v. CA. (public instrument) 2. and while it remained that way. Evidence of full QuickTime™ andof real estate tax payment a TIFF (Uncompressed) decompressor are transf ee this additional copy for d. Where the purchaser or mortgagee is a bank/financing institution. Owner’s duplicate b. Payment of fees 4. Legare cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right (Tomas v. Execution of deed in a form sufficient in law
. That it is not entered into for purposes of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH: • Vitiates mortgage as against creditors and subsequent encumbrancers • Mortgage is not valid as between parties
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PROCESS OF REGISTRATION: (GENERALLY) 1. Present the document together with affidavit of good faith 3. ROD to note on the deed the date and time of filing. time of filing.
or effects of the defendant to satisfy demands
. No new certificate shall be issued NOTE: When there is prohibition in mortgaged property as regards subsequent conveyances. TAX SALE • Sale of land for collection of delinquent taxes and penalties due the government
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1. Although notice of attachment is not noted in duplicate. it is valid as between parties but not to 3rd persons without notice MAY ALIENS REGISTER LEASE? YES 1. renewable for another 25 years WHO ELSE MAY REGISTER? Builder in Good Faith REGISTRATION OF TRUST 1. If duplicate of certificate of title is not presented: a. The court. shall enter an order to owner to surrender certificate at the time and place named therein 4. If the owner neglects or refuses to comply. But between 2 attachments. not the lessor. one that is earlier in registration is preferred 4. actual knowledge is the same as registration 2. ROD to index attachment in names of both plaintiff and defendant or name of person for whom property is held or in whose name stands in the records 3. Levy on execution
REGISTRATION OF LEASE • It is the lessee. right. If it is not registered. Creates real right 2. 1. send notice to registered owner by mail stating that there has been registration and request him to produce duplicate so that memorandum may be made b.Civil Law Summer Reviewer
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• No need to be in public document • of the plaintiff Kinds: a. or attachment upon registered land may be filed with ROD where land lies. within 36 hours. May be granted temporary rights for residential purposes 2.. Creates a real right but without prejudice to rights of 3rd persons 2. Express Trust: instrument creating the trust does not prohibit registration REGISTRATION OF APPOINTED TRUSTEE BY COURT • Certified copy of decree shall be presented to ROD and surrender duplicate certificate • Cancel duplicate & new certificate shall be entered by ROD
QuickTime™ and a INVOLUNTARY DEALINGS: decompressor TIFF (Uncompressed) • Transactions are needed to see this picture. leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. Preliminary b. which affecting land in cooperation of registered owner is not needed. File with ROD the instrument creating lease together with owner’s duplicate of certificate of title 2. Garnishment c. If it is not registered. credits. ROD to register by way of memorandum upon certificate of title 3. containing number of certificate of title of land to be affected or description of land 2. ROD shall. Limit: 25 years. who is required to initiate the registration. the ROD shall report the matter to the court c. or even against his will
REGISTRATION OF ATTACHMENT/OTHER LIENS: 1. notation in book of entry of ROD produces the effect of registration already. any execution or affidavit to enforce such lien shall be filed with ROD where land lies • Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance • To determine preferential rights between 2 liens: priority of registration of attachment a. Implied Trust: present a sworn statement claiming interest by reason of an implied trust with description of land and reference to the number of certificate shall be registered in ROD 2. Copy of writ in order to preserve any lien. Has priority over execution sale 3. etc. EXECUTION SALE • To enforce a lien of any description on registered land. after notice. rights. ATTACHMENT • A writ issued at the institution or during progress of an action commanding the sheriff to attach the property. EFFECTS OF REGISTRATION OF ATTACHMENT: REEA 1.
in its discretion Diaz-Duarte v. The Register of Deeds cannot on its own automatically cancel the adverse claim. No other provision is made in the Decree for the registration of such right or claim (Sec. If the court also finds the claim to be frivolous. PERIOD OF EFFECTIVITY. Before the lapse of the 30-day period.000 pesos.000 pesos nor more than 5. upon the filing by the claimant of a sworn petition withdrawing his adverse claim c. CA. • • Actual knowledge is equivalent to registration of adverse claim. posted in a public and conspicuous place in the place where the property is situated and at the main entrance of the provincial building Sale cannot affect rights of other lien holders unless given the right to defend their rights: due process must be strictly observed Tax lien superior to an attachment There is no need to register a tax lien because it is automatically registered once the tax accrues But the sale of registered land to foreclose a tax lien needs to be registered A mere money claim cannot be registered as an adverse claim. the certificate of title number b. The disputed land is subject to the outcome of the dispute. Before the lapse of said 30 days. • Claim is adverse when: QuickTime™ and a 1. it may fine the claimant the amount of not less than 1. the description of the land in which the right or interest is claimed 4. title must be cancelled and new title will be issued 5. Such statement must be signed and sworn to before a notary public c. A claimant’s right ordecompressor in registered interest TIFF (Uncompressed) are needed land is adverse to see this picture.
• • •
FORMAL REQUISITES OF AN ADVERSE CLAIM FOR PURPOSES OF REGISTRATION: WNR a. 258 SCRA 79 (1996) ADVERSE CLAIM is a notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof. to ask him to surrender title and show cause why it shall not be cancelled 3. After a period of redemption has expired and no redemption made (2 years from registration of auction sale). his alleged right or interest 2. Such right arose subsequent to date of original registration 3. when a party-in-interest files a petition in the proper RTC for the cancellation of the adverse claim and. Memorandum shall be entered in the certificate as an adverse claim or encumbrance 4. After the lapse of 30 days. how and under whom such alleged right or interest is acquired 3. to the registered owner. Officer’s return shall be submitted to the ROD together with the owner’s duplicate title 2. WHEN CANCELLED • The adverse claim shall be effective for a period of 30 days from the date of registration and it may be cancelled: a. 70. 298 SCRA 388 (1998) For this purpose. and local dialect. Before the cancellation. Adverse claimant must state the following in writing: 1. CA. the interested party must file with the proper court a petition for cancellation of adverse claim. upon the filing by the party-in-interest of a verified petition for such purpose b.Civil Law Summer Reviewer
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• • • In personam (all persons interested shall be notified so that they are given an opportunity to be heard) Notice to be given to delinquent tax payer at his last known address Publication of notice must also be made in English. and a hearing must also first be conducted. after notice and hearing.
PROCEDURE OF REGISTRATION OF TAX SALE: 1. Ong. ADVERSE CLAIM Sajonas v. No 2nd adverse claim based on the same ground may be registered by the same claimant. Claimant shall state his residence or place to which all notices may be served upon him NOTE: Noncompliance with said formal requisites renders such adverse claim non-registrable and ineffective. Spanish. 2. notice shall be sent to registered owner. PD 1529) Sanchez v. 69 SCRA 327 (1976)
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. Register in the registration book 3. the court finds that the claim is invalid.
Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered LIS PENDENS HAS NO APPLICATION TO THE FOLLOWING: 1. To recover possession of real estate 2. and the latter are. Levies on execution 4. Proceedings for administration of estate of deceased persons and 5. EFFECT OF REGISTRATION: 1. When it is shown that it is not necessary to protect the right of the party who caused the registration thereof 3. After showing that notice this picture. To remove clouds upon the title thereof 4. compelled to go to court to make known their claim or interest therein and to substantiate such claim or interest • The government does not seek registration of the land in its own name
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4. For partition. IAC. NOTICE OF LIS PENDENS Heirs of Marasigan v.R. 184 SCRA 315 (1990) When an adverse claim exists concurrently with a notice of lis pendens. the notice of adverse claim may be validly cancelled after the registration of such notice. 103 Phil 858. for purpose of are needed to see is only molesting an adverse party 2. G. on the pain of losing their claim thereto. interest expropriated. the court may order the cancellation: QuickTime™ and a TIFF (Uncompressed) decompressor 1. • It merely creates a contingency and not a lien WHEN NOTICE OF LIS PENDENS IS PROPER: RQCPO 1. and may well be inferior and subordinate to those which may be finally determined and laid down therein. Villaflor v. since the notice of lis pendens also serves the purpose of the adverse claim. Preliminary attachment 2. It may still be alienated but the purchaser is subject to the final outcome of pending suit 3. 1958 An adverse claim may exist concurrently with a subsequent annotation of a notice of lis pendens. To quiet title thereto 3.Civil Law Summer Reviewer
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Ty Sin Tei v. 11271. 152 SCRA 253 (1987) The purpose of the notice of lis pendens is to constructively advise. No. May 28. and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action. Any other proceeding of any kind in court directly affecting the title to the land or the use of occupation thereof or the building thereon. ROD is duty-bound to carry over notice of lis pendens on all new titles to be issued CANCELLATION OF LIS PENDENS: M-NUVD • Before final judgment. certificate number. GOVERNMENT IN EMINENT DOMAIN • Copy of judgment filed in ROD which states description of property. nature of public use • Memorandum shall be made or new certificate of title shall be issued CADASTRAL REGISTRATION is a proceeding in rem initiated by the filing of a petition for registration by the government. Dy Piao. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY • Duty of the officer serving notice to file copy of notice to ROD where the property of debtor lies • Assignee elected or appointed by court shall be entitled to entry of a new certificate of registered land upon presentment of copy of assignment with the bankrupt’s duplicate certificate of title • New certificate shall not state 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. and 5. party who caused such registration 5. Juezan. Proceedings for the probate of wills 3. in effect. not by the persons claiming ownership of the land subject thereof. When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party 4. ROD may also cancel by verified petition of
. Impossibility of alienating the property in dispute during the pendency of the suit 2. or warn all people who deal with the property that they so deal with it at their own risk. Proceedings in which the only object is the recovery of a money judgment OTHER PARTIES WHO NEED TO REGISTER: 1.
Notice of date of survey by the Bureau of Land Management and posting in bulletin board of the municipal building of the municipality or barrio. opponent Landowners must come to court as claimants of their own lands
. while the court has no jurisdiction to adjudicate lands already covered by a Certificate of Title. Residential. Hearing of the case 8. Mineral lands: inalienable • If patent or title is issued. Town sites and for public and quasipublic uses 2. Issuance of the decree and certificate of title NOTE: The cadastral court is not limited to mere adjudication of ownership in favor of one or more claimants. National park UNDER THE PUBLIC LAND ACT: 1.Civil Law Summer Reviewer
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• The objective of the proceeding is the adjudication of title to the lands involved in the proceeding Purpose Petitioner comes to court to confirm his title and seeks the registration of the land in his name Landowner Government asks the court to settle and adjudicate the title of the land
PROCEDURE: NN-CP-PAHD-DI 1. confirmation of an imperfect title Applicant and Government. If there are no successful claimants. Additionally. it is void ab initio for lack of jurisdiction • It is not subject to acquisitive prescription even if in possession for long time. Alienable/disposable: a. PD 1529 Voluntary Landowner Cadastral Compulsory Director of Lands • all classes of lands are included
Person who requests the survey Effect of judgment
• no adverse claim • if the applicant fails to prove his title. Filing of answer 7. and he shall mark the boundaries of the lands by monuments set-up in proper places thereon 3. his application may be dismissed without prejudice (no res judicata)
• if none of the applicants can prove that he is entitled to the land. Educational. Forest or timber 3. Cadastral survey 4. industrial c. the property is declared public land. Publication (twice in successive issues of OG). 1935 because there are vested rights which are protected
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Nature Applicant Lands covered
• usually involves private land • it may also refer to public agricultural lands if the object ofQuickTime™ and a the TIFF (Uncompressed) decompressor are is actionneeded to see this picture. 120 SCRA 210 ). Vera. Agricultural – only one subject to alienation 2. Decision 9. Notice of cadastral survey published once in OG and posted in conspicuous place with a copy furnished to the mayor and barangay captain 2. Filing of petition 5. Mineral lands 4. the same shall be declared public (res judicata)
PATENTS CLASSIFICATION OF LAND OF PUBLIC DOMAIN: • The classification is the exclusive prerogative of executive and not by judiciary • Anyone who applies for confirmation of imperfect title has the burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine) UNDER THE CONSTITUTION: 1. mailing. commercial. posting 6. charitable d. it will not ripen into ownership • Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15. it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificate’s authenticity vis-à-vis the land covered therein (Republic v. Timber lands: inalienable 3. Agricultural b.
Cannot be alienated within 5 years after approval of application for patent 2.Civil Law Summer Reviewer
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FISHPONDS • Before: It was included in the definition of agriculture. either by himself or his predecessors-ininterest. educational.1990 • paid real property taxes on the property while the same has not been occupied by any person • grant will be limited to 12 hectares only
To any natural born citizen of the Philippines (filing ended Dec. May not be opened 1 year after entry by LRA (otherwise. Indefeasible when registered. in the exercise of its equity jurisdiction. 2000)
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. or right of way (subject to consent of grantee and approval of Secretary of Environment & Natural Resources) EXCEPTIONS: 1. it is the operative act to convey and transfer title 3. Alienations or encumbrances made in favor of the government ERRING HOMESTEADER NOT BARRED BY PARI DELICTO • Pari delicto rule does not apply in void contracts • Violation of prohibition results in void contract • Action to recover does not prescribe KINDS HOMESTEAD PATENT TO WHOM GRANTED To any Filipino citizen over the age of 18 years or head of a family REQUIREMENTS • does not own more than 12 hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than 12 hectares • must have resided continuously for at least 1 year in the municipality where the land is situated • must have cultivated at least 1/5 of the land applied for • does not own more than 12 hectares of land • has continuously occupied and cultivated. Subject to repurchase ofdecand a within 5 years TIFF (Uncompressed) heirs ompressor after alienation are neededallowed already when to see this picture. may direct reconveyance even without ordering cancellation of title HOMESTEAD RESTRICTIONS: 1. association may lease land unless it is solely for commercial. Deed of conveyance issued by government patent/grant 2. and deemed incorporated with Torrens system 1 year after the issuance of patent 2. Registered with the ROD: mandatory. partnership. tracts of disposable agricultural public land for at least 30 years prior to March 28. industrial. Cannot be liable for satisfaction of debt within 5 years after approval of patent application QuickTime™ 3. Action for partition because it is not a conveyance 2. 4. confusion and uncertainty on the government system of the distribution of public lands may arise and this must be avoided) Except: if it is annullable on ground of fraud. open and 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 and void • Upon registration. Fishponds have a distinct category and cannot be alienated but may be leased from government WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. then it may be reopened even after 1 year because registration does not shield bad faith • The court. therefore the conversion of agricultural land to fishponds did not change character of land • Now: It has a restricted meaning. title is indefeasible TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT: 1. 31. religious or charitable purpose. Actual physical possession. No private corporation.
except if in favor of the government. established his residence on a QuickTime™ and a parcel of land of TIFF (Uncompressed) decompressor are needed to see this ppublic domain not icture. Sr. 393 SCRA 361 ) 2. Conveyances and encumbrances made by persons belonging to the “non-Christian tribes” may be made only when the person making the conveyance or encumbrance is able to read and understand the language in which the
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.. File the instrument with ROD 3. land is deemed registered land within the purview of the Torrens system RESTRICTION ON ALIENATION/ENCUMBRANCE OF LANDS TITLED PURSUANT TO PATENTS: 1. within 5 years from and after the issuance of the patent or grant (Republic v. Lands under free patent or homestead patent is prohibited from being alienated/encumbered. and improvement of at least 1/5 of the land until the date of such final payment • for agricultural lands suitable for residential. Transfer or conveyance of any homestead after 5 years and before 25 years after the issuance of the title without the approval of the DENR Secretary 3. cultivation. Official issues an instrument of conveyance 2. After issuance of certificate of title.Civil Law Summer Reviewer
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SALES PATENT Citizens of the Philippines of lawful age or head of the family may purchase public agricultural land of not more than 12 hectares • to have at least 1/5 of the land broken and cultivated within 5 years from the date of the award (public auction) • shall have established actual occupancy.) full payment of purchase price. Fees to be paid by grantee 5. evidence of authority for ROD to register 4. commercial or industrial purposes.) completion of the construction of permanent improvements appropriate for purpose for which the land is purchased (must be completed within 18 months from date of award) To any • does not own a citizen of home lot in the legal age for municipality in residential which he resides purposes • in good faith. needed for public service • not more than 1000 sq. and 2. Lands acquired under emancipation patents issued to landless tenants and farmers must not be alienated or encumbered within 10 years from issuance of the title 4. Instrument is to be entered in books and owner’s duplicate to be issued • Instrument is only a contract between Government and private person and does not take effect as conveyance if unregistered. • occupant must have constructed his house on the land and actually resided therein • no public auction required • not subject to any restriction against encumbrance or alienation • Secretary of the DILG shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization
To NonChristian Filipinos under the Public Land Act
PROCEDURE FOR REGISTRATION OF PUBLIC LANDS: IFEFI 1. it is registration which is operative act of conveying land. m. patent is issued only after: 1. Heirs of Felipe Alejaga.
The petition is filed within 1
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. Person deprived of right is party to case PETITION FOR • Within 1 year after entry of REVIEW OF decree of registration REGISTRATION • it will not prosper if transferred DECREE to innocent purchaser for value GROUNDS: a. to determine whether fraud has in fact been committed in securing the title. Further.Civil Law Summer Reviewer
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instrument or deed is written. registration under the Torrens System is not a mode of acquiring ownership. If illiterate. Verily. it merely confirms the registrant’s already existing one. and one from judicial decree and sold to 2 different persons. in case of extrinsic fraud. or insufficiency of evidence to justify decision. FAME. However. preventing petitioner from presenting his side b. Heirs of Felipe Alejaga. Award of excessive damages. the State -. with affidavit of merit. The prohibition against any alienation or encumbrance of the land grant is a proviso attached to the approval of every application. the one who bought it for value and in good faith and who registered first shall have preference Republic v. must be approved by the then Commissioner of Mindanao and Sulu NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE • In absence of registration. excusable negligence (FAME) which ordinary prudence could not have guarded against b. the Torrens Title issued pursuant to the patent becomes indefeasible a year after the issuance of the latter. lack of jurisdiction of the court REQUISITES: a. REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS MOTION TO • before judgment LIFT/SET ASIDE • FAME and with valid defense ORDER OF DEFAULT • under oath MOTION FOR NEW • 15 days from notice of TRIAL judgment GROUNDS: a. accident. Section 118 of Commonwealth Act No. or that the decision is against the law APPEAL • 15 days from notice of judgment • To the CA/SC • 60 days after petitioner learns RELIEF FROM JUDGMENT of judgment. this indefeasibility cannot be a bar to an investigation by QuickTime™ and a the State as to howTIFF (Uncompressed) decompressor the title has been acquired. 141. actual or extrinsic fraud. the land covered by them ceases to be part of the public domain and becomes private property. Further. committed outside trial. Fraud.even after the lapse of one year -. Petitioner has a real and dominical right b. Therefore. state that deprived of hearing or prevented from appealing b.may still bring an action for the reversion to the public domain of land that has been fraudulently granted to private individuals. He has been deprived of such right c. fatal infirmity in the decision for want of due process c. Sr. Once a patent is registered and the corresponding certificate of title issued. Furthermore. Newly discovered evidence c. 141 proscribes the encumbrance of a parcel of land acquired under a free patent or homestead within five years from its grant. but not more than 6 months after judgment was entered REQUISITES: a. After judgment c. this indefeasibility of a title does not attach to titles secured by fraud and misrepresentation. the one procured through a decree of registration is superior than patent issued by director of lands • 2 titles procured by one person: one from homestead patent. under Section 101 of Commonwealth Act No. mistake. 393 SCRA 361 (2002) A free patent obtained through fraud or misrepresentation is void. Well-settled is the doctrine that the registration of a patent under the Torrens System does not by itself vest title. title to public land is not perfected and therefore not indefeasible • In case of 2 titles obtained on same date. Through actual or extrinsic fraud d. the one-year prescriptive period provided in the Public Land Act does not bar the State from asking for the reversion of property acquired through such means. if the are needed to see purpose of the investigation is this picture.
Barred/ precluded from bringing an action (after 1 year from decree) d. or within/after 1 year from entry • action in personam • if based on implied trust. or any error. damage or deprivation was due to fraud. The aggrieved party COMPENSATION FROM THE sustained loss or damage. Action for compensation has not prescribed ACTION FOR REQUISITES: a. CA. Such loss. co-heir. He is barred or precluded under the provisions of PD 1529 or under the provisions of any law from bringing an action for the recovery of such land or the estate or interest therein. f. against national treasury • Where 2 certificates are issued to different persons covering the same land. must be filed by the OSG for cancellation of title or reversion to State • Voiding or cancellation of OCT does not affect derivative TCTs if their holders not given opportunity to be heard and defend their title • May only be availed of when the ordinary remedies of new trial. Execution first against person responsible for fraud. The property has not been passed on to an innocent purchaser for value • available so long as property ACTION FOR not yet passed to innocent RECONVEYANCE purchaser for value • by aggrieved party. if insolvent. The action has not prescribed: must be instituted within a period of 6 years from the time the right to bring such action first occurred-which is the date of issue of the certificate of title g. and imprescriptible if by registered owner or his children. or misdescription in any certificate of title or in any entry or memorandum in the registration book d. petition for relief. 291 SCRA 304 ). after the original registration of the land c. unless procured by fraud or is jurisdictionally flawed • The later title should be declared null and void and ordered cancelled • It is the aggrieved party that institutes the action • In case of non-registered land. whose land was registered wrongly to another person • before issuance of decree. omission. or other appropriate remedies are no longer available through no fault of the petitioner (Linzag v. No negligence on his part c. • The objective is the
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ANNULMENT OF JUDGMENT
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year from the issuance of the decree e. ASSURANCE FUND* or is deprived land or any estate or interest therein b. The loss. There was no negligence on his part e. the title earlier in date must prevail. imprescriptible • if based on fraud. Person is wrongfully deprived of his land by registration in name of another (actual or constructive fraud b. it must be instituted within 4 years from the discovery of the fraud RECOVERY FOR REQUISITES: DAMAGES a. damage or deprivation was occasioned by the bringing of the land QuickTime™ and a under the operation of the TIFF (Uncompressed) decompressor are neeTorrens system or arose ded to see this picture. mistake. it must be instituted within 10 years. or plaintiff in possession • if based on expressed trust and void contract.
is required. effective. owner. Action to recover from assurance fund has not prescribed LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS: 1. and estoppel do not bar reversion suits • Brought to remove clouds on the title to real property or any interest therein. ¼ of 1% shall be paid to the ROD based on assessed value of land as a contribution to the assurance fund • If there is yet no assessment. Breach of trust 2. Claimant is barred from filing action to recover said land 4. alienation or sale of homestead executed within the 5 year prohibitory period) b. When land patented and titled is not capable of registration c.Civil Law Summer Reviewer
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cancellation of the certificate of title and the consequential reversion of the land covered in the land grant to the State • GROUNDS: a. by reason of any instrument. Moson. 190 SCRA 82 ) • Imprescriptible if plaintiff is in possession. Cainglet. No negligence attributable to him 3. When area is an expanded area e. 120. The excess shall be paid to the Assurance Fund and be included in the annual report of Treasurer to Secretary of Budget WHO IS ENTITLED: 1. a person who has an equitable right or interest in the property may likewise file such action (Mamadsul v. 121 and 122 of the Public Land Act (ex. record. voidable or unenforceable. Mistake in resurvey resulting in expansion of area in certificate of title
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. Violation of Sections 118. Civil Code) • An ordinary civil remedy QuickTime™ and • mpressed) froma the TIFF (UncoAside decompressor registered are needed to see this picture. 16 SCRA 749  )
QUIETING OF TITLE
ASSURANCE FUND • State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the indefensibility of title. • Upon entry of certificate in name of owner or TCT. he is deprived of his land or interest therein 2. • Money shall be in the custody of the National Treasurer who shall invest it until principal plus interest aggregates to 500. such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings (People v.000. land acquired by an alien) • Indefeasibility of title. 476. Failure of the grantee to comply with conditions imposed by law to entitle him to a patent or grant d. subject to determination by court. a sworn declaration of 2 disinterested persons on the value of the land. claim. if not. laches. or proceeding which is apparently valid or effective but is in truth and in fact invalid. Claimant must be owner. purchaser or encumbrancer in good faith who suffered actual damage by loss of land. In short.g. encumbrance. following that act of registration is operative act by which State transfers title • It is created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. When the land is acquired in violation of the Constitution (e. must be brought within 10 years from loss of possession The State may criminally prosecute for perjury the party who obtains registration through fraud. prescription. and may be prejudicial to said title (Art.
Private persons involved should also be impleaded LIABILITY: 1. misdescription in 4. etc: ROD and National Treasurer as defendants. Action due to deprivation of land due to mistake. Cancellation AGAINST WHOM ACTION IS FILED: 1. Marriage has terminated 7. Mistake. Omission or error was made in entering certificate 4. 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. Corporation which owner registered
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MEASURE OF DAMAGES: • Based on amount not greater than fair market value of land • Amount to be recovered not limited to 500. Omission. the court may order issuance of a new certificate and annul the old certificate • The new certificate shall contain an annotation regarding the annulment of the old certificate 4. insane or imprisoned. he can be charged with the complex crime of estafa through falsification of public document
2. amended except in direct proceeding in court. Sol-Gen must appear 2. omission of ROD. he has additional 2QuickTime™ andafter disability is years a TIFF (Uncompressed) decompressor removed toare needed to see this picture. omission. duplicate or entry in books 5. the party must petition the court to compel the surrender of duplicate certificate of title to ROD • After hearing. Registration of 3rd persons as owner 3. Action prescribes in 6 years from time plaintiff actually suffered loss 3. Name of person on certificate has been changed 5. Satisfy claims from private persons first 2. LOST DUPLICATE CERTIFICATE • Sworn statement that certificate is lost to be filed by person in interest with ROD • Petition to court for the issuance of new
. summary proceeding • Entries in registration books are not allowed to be altered except by order of court • Grounds: 1. Registered owner has married 6. misfeasance of ROD or clerk of court 2.notwithstanding file action expiration of regular period PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION: 1. New interest that does not appear on the instrument have been created 2. it is considered to be the more permanent and stable one as compared to lis pendens 3. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE • A certificate of title cannot be altered. thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities • title After notice and hearing. Interest have been terminated or ceased 3.Civil Law Summer Reviewer
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LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS: 1. If plaintiff is minor.000 which is maintained as standing fund • If fund is not sufficient. PETITION SEEKING SURRENDER OF DUPLICATE TITLE • In voluntary and involuntary conveyances: when the duplicate cannot be produced. negligence. certificate of title. When unsatisfied: secondarily liable is the National Treasurer who shall pay through the assurance fund. therefore. Any court of competent jurisdiction: RTC in city where property lies or resident of plaintiff 2. ADVERSE CLAIM IN REGISTERED LAND • Different from lis pendens: • Lis pendens has no expiration period but adverse claim is only for 30 days: • Lis pendens is a notice that property is in litigation while adverse claim signifies that somebody is claiming better right • Recent ruling: adverse claim can only be removed upon court order. mistake. the court is to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate) If false statement.
Deed of mortgage. FOR OCT (in this order): a. or an authenticated copy thereof indicating that its original had been registered f. the records have been destroyed • When reconstituted. Alterations which impair rights: with consent of all parties c. after proper proceedings in the same form they were when the loss or destruction occurred (Heirs of Pedro Pinote v. Alterations to correct obvious mistakes 5. Deed of transfer or other document containing description of property covered by TCT and on file with the ROD. Certified copy of such certificate. the proper petition is not reconstitution of title. The number of certificates of title lost or damaged should be at least 10% of the total number in the possession of the Office of the ROD 3. Judicial • File a petition with the RTC • To be published in OG for 2 consecutive issues and on main entrance of municipality for at least 30 days before hearing • In rem proceedings • Court is to order reconstitution if it deemed fit. and 4. is sufficient and proper basis for reconstitution. Same as sources a. which was the basis of the certificate of title. as the case may be. Owner’s duplicate of the certificate of title b. b. 187 SCRA 12 ) • As consequence of war. Same as sources (e) and (f) for reconstitution of OCT b. Substantial loss or destruction of the original land titles due to fire. 1. mortgagee’s or lessee’s duplicate of said certificate c. or an authenticated copy thereof indicating its original had been registered and pursuant to which the lost or destroyed certificate of title was issued c. Dulay. technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired. Any other document which. Petitioner must have the duplicate copy of the certificate of title (RA 6732) NOTES: • The law provides for retroactive application thereof to cases 15 years immediately preceding 1989 • When the duplicate title of the landowner is lost. 2. In no case shall the number of certificates of title lost or damaged be less than 500. and issue an order to ROD • The lack of essential data is fatal SOURCES OF JUDICIAL QuickTime™ and a TIFF (Uncompressed) decompressor RECONSTITUTION OF TITLE are needed to see this picture.Civil Law Summer Reviewer
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land has dissolved and has not conveyed the property within 3 years after its dissolution 8. in the judgment of the court. flood. substitution of name of registered owner) a. Administrative • May be availed of only in case of: 1. Authenticated copy of the decree of registration or patent. e. the new title have the same validity as old title • Kinds: a. and c for reconstitution of OCT b. but one filed with the court for issuance of new title in lieu of the lost copy
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. Alterations which do not impair rights and b. Co-owner’s. FOR TCT a. under the custody of ROD • Purpose: to have the same reproduced. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE • The restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. What corrections are permitted in title (which does not include lands included in original. old survey was incorrect. previously issued by the ROD d. or other force majeure as determined by the Administrator of the LRA 2. or encumbrance containing description of property covered by the certificate of title and on file with the ROD. lease.
ISSUE: Whether the trial court acquired jurisdiction over the case HELD:
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. has never become final as it was null and void. After the decision became final. mortgagee’s. Lucia Realty and Development. having been issued without compliance with the said requirement. if there be any. The names and addresses of the (a) occupants or persons in possession of the property. The reconstitution of the title is based on Sanchez’s duplicate title.R. or lessee’s duplicate of said certificate CONTENTS OF PETITION 1. MWSS v. G. which do not belong to the owner of the land. to every person named in said notice • This should be done at least 30 days prior to the date of hearing. The location. or. mortgagee’s.Civil Law Summer Reviewer
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SOURCES FOR ADMINISTRATIVE RECONSTITUTION: a. Sison. at the expense of the petitioner. 124 SCRA 394 (1983) QuickTime™ and a The publication of the (Uncompressed) decompressor TIFF petition in 2 successive issues are needed to see this picture. A statement that no deeds or other instruments affecting the property have been presented for registration. They submitted to the RTC a Report allegedly signed by the Chief of the Reconstitution Division of the LRA stating that the technical description of the lot does not overlap previously plotted properties. and all persons who may have any interest in the property is not required if the petition is based on the owner’s duplicate certificate of title or on that of the co-owner’s. or lessee’s duplicate had been issued 3. as yet PUBLICATION. Moya. Manila Railroad Company v. as well as posting of the notices in the main entrance of the provincial and municipal buildings where the property lies at least 30 days prior to the date of the hearing. LRA submitted to the Court another report claiming that the first report was fake and recommends that the RTC set aside its decision. Republic v. or lessee’s. Sta. 215 Phil. Puzon v. Even the publication of the notice of hearing in a newspaper of general circulation like the Manila Daily Bulletin. Inc. the RTC then granted the petition for reconstitution. The nature and description of the buildings or improvements. That no co-owner’s. such order of reconstitution is null and void. 593 (1984) Notice must be actually sent or delivered to parties affected by the petition for reconstitution. (b) of the owners of the adjoining properties and (c) of all persons who may have any interest in the property 6. Owner’s duplicate of the certificate of title b. area and boundaries of the property 4. Without serving notices of the petition to adjoining owners.. the registration thereof has not been accomplished. That the owner’s duplicate of the certificate of title had been lost or destroyed 2. 146081. LRA also claims that the notice of the petition should have been served on adjoining owners as one of the jurisdictional requirements since the Authentic LRA Report found Sanchez’s title to be a fake title. if any. therefore. affecting the property 7. mortgagor’s. Co-owner’s. July 17. Sanchez. A detailed description of the encumbrance. are mandatory and jurisdictional requisites… If an order if reconstitution is issued without any previous publication as required by law. 353 SCRA 699 (2001) Service of notice of the petition for reconstitution filed under RA 26 to the occupants of the property. MAILING AND POSTING IN PETITIONS FOR RECONSTITUTION OF TITLE: • Notice thereof shall be published twice in successive issues of the OG • Must be posted on the main entrance of the provincial building and of the municipal building of the municipality or city where the land is situated • To be sent by registered mail or otherwise. the service of the notice of hearing to the adjoining owners and actual occupants of the land. 2006 FACTS: Sanchez sought for reconstitution of titles alleged to have been destroyed by a fire which razed the Office of the ROD in June 1988. owners of the adjoining properties. if any. of the Official Gazette. is not a substantial compliance with the law because Section 13 specifies OG and does not provide for any alternative medium or manner of publication. as prescribed by Section 13 of the law (RA 26). and the names and addresses of the owners of such buildings or improvements 5. No. The order of reconstitution.
In petitions for reconstitution where the source is the owner’s duplicate copy. REGISTRATION OF TRANSACTION EVIDENCED BY LOST DOCUMENT • ROD is forbidden to effect registration of lost or destroyed documents • Steps by interested parties: 1. the issuance of TCT No. T-8502 because when they asked Remegia about it. the judgment rendered by the RTC is void and will never become binding or final as it is a nullity right from the very start. The trial court correctly held that the CFI which granted Aurelio’s petition for issuance of new owner’s duplicate copy of TCT No. There is no report from a pertinent government agency challenging the authenticity of the duplicate certificates of title presented in Puzon. because the court that rendered the decision had no jurisdiction. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. 8502 was never lost.Civil Law Summer Reviewer
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No. adversely. 162593. She attempted to mortgage the lot to Ignacio Gil. Sections 12 and 13 of RA 26 must apply because the owner’s duplicate is claimed by the LRA to be spurious. The failure to meet any of the necessary publication. They also allege that they and their predecessors-in-interest have been occupying the said property since 1947. Secure an order from court OFFENSES IN LAND REGISTRATION: 1. notice of hearing and mailing requirements did not vest jurisdiction of the case to the court.
confirming the sale. in turn. But Puzon is not applicable here. emanating as it did from the void TCT No. T-17993 and reconveyance of the property covered therein. A petition for partial cancellation of the said TCT was granted and TCT No. The Zaldivars. 8502 in Aurelio’s name. and with TCT No. Fraudulent procurement of certificate 4. but the mortgage did not push through. It has been consistently held that when the owner’s duplicate certificate of title has not been lost. The source of the petition for reconstitution in the case at bar was petitioner’s duplicate copies of the TCTs. notices to adjoining owners and to actual occupants of the land are not required. and (2) such notice be posted at the main entrances of the provincial building and of the municipal hall where the property is located. and (5) the date on which all persons having an interest in the property must appear and file such claims as they may have. QuickTime™ and a TIFF (Uncompressed) decompressor
are needed to see this picture. on the other hand. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. (1) a notice be published in 2 successive issues of the OG at the expense of the petitioner. As a general rule. (4) the location of the property. 17993 was issued in Aurelio’s name. and continuously or for 41 years already. September 26. The said title is registered in the name of Aurelio Zaldivar. 8502 did not acquire jurisdiction. She vehemently denies that she and her uncle never executed a joint affidavit
. such as when it was based on void documents. Larceny 2. Feliciano v. the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before the notary public in 1965. GR No. Aurelio’s father-in-law. and that TCT No. Consequently. 6. part of which is that covered by the above TCT. she claimed it had been lost. (3) the names of the interested parties appearing in the reconstituted certificate of title. Sections 9 and 10 of RA 26 will apply and not Sections 12 and 13. The notice shall state the following: (1) the number of the certificate of title. It was originally leased to Pio Dalman. Forgery
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Remigia alleged that she was the registered owner of a lot. 17993 is also void. Procure an authenticated copy of lost or destroyed instrument 2. The indefeasibility of a Torrens title does not apply where fraud attended the issuance of the title. 2006 FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. then the reconstituted certificate is void. 8502. bought the same from Gil in 1951. Spouses Zaldivar. Perjury: false statement under oath 3. Thus. It may be challenged at any time. but is in fact in the possession of another person. openly. Gil allegedly purchased the property from Remegia. claimed that Aurelio bought the property from Dalman who. (2) the name of the registered owner. Section 9 and 10 or RA 26 require that 30 days before the hearing. publicly.
and an index system is also kept Procedure: 1. Presentment of instrument dealing in unregistered land 2.
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. name. Fraudulent stamping or assistance in stamping c. If found in order. it binds 3rd persons after registration but yields to better rights of 3rd person prior to registration (limited effect to 3rd parties) Reason: no strict investigation involved Subsequent dealings are also valid if recorded ROD keeps day book and a register. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered.Civil Law Summer Reviewer
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a. If found defective. register 3. Use of any document which an impression of the seal of the ROD is forged 5. Forging of seal in ROD. deceitful disposition of property as free from encumbrance SYSTEM OF REGISTRATION UNREGISTERED LANDS • • • • FOR
• • • •
System of registration for unregistered land under the Torrens System (Act 3344) Before: covers voluntary dealings Now: it includes involuntary dealings Effect: if prospective. signature of persons authorized to sign d. then registration is refused writing his reason for refusal
QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Forging of handwriting. signature or handwriting of any officer of court of ROD b.