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Laurel vs Garcia - non use of state property Property in japan that was awarded to the phils by japan due

to the reparations agreement. The state thru the exec dep wanted to sell the roponggi property. No use anymore so they are selling it. Lack of funds (why not using) WON non use shall automatically turn it into a patrimonial property. SC decision: NO. For it to be converted, there must be an express declaration that it shall not be used for public service. Chavez vs PEA - PEA has an authority to reclaim foreshore lands in submerged area. Foreshore vs Sybmerged Foreshore – part of the land being covered by the end of the tide. Submerged – high tide or low tide, still submerged under water PEA can reclaim submerged areas. Reclaiming them does not change them into private property. Remain as property of public domain. Cannt be sold to private ind. Must first be declared alienable and disposable and declared no longer needed for public service. If there is no declaration that it is A and D, the state can only lease out those reclaimed lands

MINERAL RESOURCES – owned by the state REP vs DELA ROSA SC said that if there is a land that is owned by a private ind and subsequently there is a discovery of minerals under this land, the person owning the land does not own the minerals. It shall beowned by the state. The SC Also said that you cannot classify it as partly agri or party timber. It has to be classified as agri or mineral. No partial classification. NON REGISTEABLE PROPERTIES (read agcaoili) PROCESS IN BRINGIN THE LAND UNDER TORRENS 1. 2. 3. 4. 5. 6. 7. 8. Survey File application for orig reg Publication Notice Posting of notice Initial hearing Submit evidence Grant or deny by Land registration court

2012 to file pet for review Beyond that.date of tanscription of RD is the date when OCT takes effect REMEDY(Sec 32 PD 1529) * Petition for Review within 1 year from the issuance of the decree of registration SC said that interpreting the phrase issuance of the decree. 2. Date of transcription by the RD *Manotoc Case . 4. Motion for New Trial – newly discovered evidence 3. Motion for Recon/MNT *MR – before the judgment becomes final (within 15 days from receipt of notice of judgment) . 2011 – entry by LRA You have until feb 12.oppositor can avail of this remedy (Rule 37 of ROC) Grounds: Fraud Accident Mistake Excusable negligence 1. you still have one yearto file the petition for review Ex. you can no longer avail of the remedy Title has become incontroverted/indefeasible OCT TAKES EFFECT . it means 1 year from the entry by the LRA From the date that it is entered by the LRA. 2. avail for PRFJ Within 60 days from receipt of judgment but not more than 6months from final order DATES IN ORIGINAL CERT OF TITLE 1.a. Feb 12. Date of entry by the LRA 3. Petition for relief from judgment – you avail of this when the judgment already became final You are asking relief from the effects of judgment If the remedy of MR cannot be availed of since judgment is already final. Date of issuance of decree of registration by LR court 2. owns it first) .the land is considered registered (the one who registered it first. If granted – it will order the LRA to enter the decree of registration and forward to RD for transcription in the books of RD and that is now the Cert of Title REMEDIES OF OPPOSITORS 1. 3.

still no innocent purchaser for value if you did not investigate as to why Mr. Even if you have the ttle and title seems clean.false compromise by opponent . Fraud .EXTRINSIC FRAUD . the name of registered owner does not correspond with the seller of the parcel of land.it should be extrinsic fraud ** PALANCA CASE (read!!!) . but the cert of title. No innocent purchaser for value/ the one holding title over the lot is not an innocent purchaser for value Gen Rule: You are not required to go beyond the cert of title. you can avail of it ** ELAN PHILIPPINES vs GARCIA (read!) . Interest/claim over the land – any claim where your real rights are affected 2.there is no need to wait for the LRA to enter the decree of reg.failure to present by victim . Supposing reg owner is Mr. You have to determine whether or not Mr Y is truly the owner since he is not the registered owner .Petition for Review Req 1. As long as it is within the one year period from the judgment. X and the person selling is Mr. you can avail of this remedy. Y was able to get hold of the title.where an atty fraudulently connives/ corruptly sells out the interests of his clients **DIR OF LANDS VS CFI (GR L-31681 July 31. Only the title of the immediate seller. 1964) 4. Y. ** Denial of MR – you can still file pet for review (Why? Remedies are separate and distinct from each other) 3. You also contact Mr X and ask if there is indeed such sale. It is to availed of within one year from date of entry by the LRA *you don’t have to wait that it be entered (entry by LRA) *as long as you’ve learned about the decision of court. EXc: Even if you have a cert of title. Remedy is not quieting of title. If you have the cert of title and upon examining it. if yo have already known that the order has become final already. 1987) **FRIAS VS ESQUIVEL (GR L 17366 July 31. its clean then you are not required to go beyond it. Ask for a deed of sale between Mr X and Mr Y.

.it is merely an action in personam (why? Because the suit is filed against a particular person. you cannot get back the title . Theproperty was procured by the other party thru fraud or other illegal means (not necessarily extrinsic fraud_ 3. there is no prescriptive period because you’re the one staying there. Action for reversion –imprescriptible returning ownership to the state ***Supposing that in petition for review and even in action of reconveyance cannot be against purchaser for value. . Due diligence tells you that there should be an ocular inspection first.You should demand the submission of the SPA Reconsituted Title – title issued by the RDA upon the allegation that the original title is lost. ask the reason for occupancy.can be availed of beyond the one year period .You cannot merely rely on the seller that there is an Special Power of Atty to sell the property. right? If upon inspection. there exists now a constructive or implied trust – so might as well use 10 year period **even if you file an action for reconveyance.** DOMINGO VS READ . . **QUANTUM OF PROOF – action for reconveyance (clear and convincing evidence – above preponderance but below proof beyond reasonable doubt) **OTHER REMEDES 1. 2.need not be filed in the land registration court . You cannot reopen the land reg case. Don’t rely on verbal assurance. It should be filed wthin 4 years (fraud) 10 years if based on implied or constructive trust Impresciptible if based on a void contract *civil code provides that if procure a prop thru fraud. . You are merely now asking that the land be returned to you cause you are the true owner.we respect the title has become indefeasible already. You don’t buy something which you haven’t seen yet. you see that there are occupants who are not the seller o the property. still not purchaser for value . same seller but if reconstituted.action in personam but is real action since it involves a real property *** When to avail? 1.you can file it in any regular court where the land is located (not an action in rem) . Section 53 of PD 1529 (ACTION FOR RECONVEYANCE) . If it is in the hands of an innocent purchaser for value. Interest over the parcel of land 2.if same reg owner. You are compelling that person to return the property to you.go to RD and investigate * If you’re a prospective buyer and there is a title.

File against the one who committed the fraud. COVERAGE BEGINNING UNTIL END OF ORIG REGISTRATION . Does that mean that you already lost? NO. Clai agains assurance fund. Sec 96.anymore.