You are on page 1of 16

Land Titles: Case Doctrines

SECTIONS 1 TO 13 National Grains Authority vs IAC  "The real purpose of the Torrens System is to quiet title to land and to stop forever any question as to its legality. "Once a title is registered, the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting avoid the possibility of losing his land." "An indirect or collateral attack on a Torrens Title is not allowed. The only exception to this rule is where a person obtains a certificate of title to a land belonging to another and he has full knowledge of the rights of the true owner. Solid State Multi-Products v CA  registration does not vest title, it is merely evidence of such title over a particulate property  registration is not a mode of acquiring ownership Traders Royal Bank v CA  The main purpose of the Torrens system is to avoid possible conflicts of title to real estate and to facilitate transactions relative thereto by giving the public the right to rely on the face of a Torrens certificate of title and to dispense with the need of inquiring further  Exception: banks and real estate companies can’t rely on the title itself  Aznar Brothers v Aying In constructive implied trusts, prescription may supervene even if the trustee does not repudiate the relationship. Necessarily, repudiation of said trust is not a condition precedent to the running of the prescriptive period 10-year prescriptive period begins to run from the date of registatrion of the deed or the date of the issuance of the certificate of title, but if the person claiming to be the owner is in actual possession, the right to seek reconveayance which if effect seeks to quiet title, does not prescribe – since the 3 heirs all testified that they had never occupied it, it’s 10 years. Moscoso v CA  The rigid rule that the jurisdiction of the Land Registration Court being special and limited in character and proceedings, does not extend to cases involving issues properly litigable in other independent suits, has time and again been relaxed in special and exceptional circumstances The proceeding is an action in rem – no personal notice to all clamaints of the res is necessary

Arceo v CA - PD1529 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 a cadastral court - RTC now has an authority to act not only on applications for original registration but also over all petitions filed after original registration of title - Personal notice to claimant of the land is not necessary because it is a proceeding in rem Evangelista vs Santiago - PD892 divests the Spanish title of any legal force and effect in establishing ownership over real property – in the absence of an allegation in petitioner’s complaint that petitioner’s predecessor in interest complied with PD892, then in could be assumed that they failed to do so - Deadline of the use of Spanish Title: August 16, 1976 (6months) Intestate Estate vs. CA Under PD 892, the system of registration under Spanish Mortgage Law was abolished and all holders of Spanish Titles should cause their lands to be registered under Land Registration Act within 6 months from date of effectivity or until August 16, 1976. Titulo de Propriedad No. 4136, under PD 892, is inadmissible and ineffective as evidence of private ownership in special proceedings case. Since the Titulo was not registered under Land Registration Act, said Titulo is inferior to the registered title of defendants Ocampo, Buhain and dela

Kim Raisa O. Uy Ateneo Law School 2012

When you fail to show all the copies of the title 3. LAND REGISTRATION AUTHORITY Issuance of a Decree Is Not a Ministerial Act The issuance of a decree of registration is part of the judicial function of courts and is not a mere ministerial act which may be compelled through mandamus. And even if the resolution of the Commissioner is deemed judicial (quasijudicial is the proper term since it is an admin agency). That the subject land forms part of the disposable and alienable lands under the public domain 2. Uy Ateneo Law School 2012 . When there is a pending case in the court where the validity of conveyance and character of the land is in question 5. it is not converted to private lands SECTIONS 14 TO 34 Ong vs Republic Sec. Torrens title of the latter enjoys the conclusive presumption of validity.Land Titles: Case Doctrines Cruz. .Registration does not vest a better right to the possession you already have . instruments and the like is ministerial in nature Balbin v Register of Deeds of Ilocos Sur 1. Indeed. it is well-settled that the issuance of such decree is not compellable by mandamus because it is a judicial act involving the exercise of discretion. the same provision will show that these are merely incidental to the nature of his administrative functions.The fact that you registered a property of public domain. Invalid on its face 4. Republic v CA . LABURADA vs. Noblejas vs. 1945 or earlier Possession alone is not sufficient to acquire title to alienable lands of public domain because the law requires possession and occupation. Kim Raisa O. especially when the decision had attained finality Chvez vs PEA The ownership of lands reclaimed from foreshore and submerged areas is rooted in the Regalian doctrine which holds that the State owns all lands and waters of the public domain. 14 provides that applicants for registration of title must prove: 1. The issuance of the final decree can hardly be considered a ministerial act for the reason that said Chief of the General Land Registration Office acts not as an administrative officer but as an officer of the court and so the issuance of a final decree is a judicial function and not an administrative one. not notarized Toledo-Banaga v CA  As part of the execution process.OCT in Register of Deeds supports the authenticity of title on ownership in property Baranda v Gustilo  The function of Register of Deeds with reference to the registration of deeds encumbrances. Document presented is merely a private instrument. That they have been in OCEN possession and occupation of the same under a bona fide claim of ownership since June 12. Instances when the RD may refuse to register Title: 2. it is a ministerial function of the Register of Deeds to comply with the decision of the court to issue a title and register a property in the name of a certain person. Teehankee Any Bureau Director’s ruling is likewise appealable to the corresponding department head.

Innocent purchasers may be misled into purchasing real properties upon reliance on a judgment which may be reversed on appeal. Without new publication. *the blueprint copy of the cloth plan together with the lot’s technical description duly certified as to their correctness by the Bureau of Lands are adequate to identify the land applied for registration. And even if the amendment in Parcel No. the land is bound and title thereto quited De Buyser vs Director of Lands . therefore. By the issuance of the decree. Kim Raisa O. Also. The lower court acted without jurisdiction in ordering the issuance of a decree of registration despite the timely appeal. The execution had dangerous consequences. Hence. But if the amendment EXCLUDES an area of land. subject only to the existing concession. 2 did not include new portions of land. the law does not require that the application for registration be amended by substituting the "buyer" or the person to whom the property has been conveyed" for the applicant. as published.Need not be alienable and disposable since June 12.a decree of registration cars all claims and rights which arose or may have existed prior to the decree of registration. the CLR cannot acquire jurisdiction over the parcel of land added to the original application.alluvial formation along the seashore is part of the public domain and. a new publication is not necessary. relinquished and conveyed its rights and title to UP.791 sqm from the original application. It made UP the absolute owner. the second court could no longer entertain the same Director of Lands vs Reyes Was the execution pending appeal applicable in a land registration proceeding? No. 1 increased the portion of land (by 27. Benin vs Tuason Amendment to Application Need Not Be Published if it Excludes Portions of Lands A publication of a new amendment to an application for registration is to give notice to all persons about the said amendment. of the Philippines vs UP . convincing evidence.Land Titles: Case Doctrines Cureg vs IAC .. not open to acquisition by adverse possession by private persons. Republic vs Munoz Best evidence to identify a piece of land for registration purposes is the original tracing cloth plan from the Bureau of Lands but blueprint copies and other evidence could also provide sufficient identification. then no new publication is necessary. strong.when RA No. and divested. the added area is too minimal to be of the decisive factor in the validity of OCT 735. unless otherwise declared by either the executive or legislative branch of the government. it removed such lands from public domain. Republic vs Naguit . the presentation of the tracing cloth plan may be dispensed with. It is outside the commerce of men. as it is violative of the explicit provisions of the Land Registration Act which requires that a decree shall be issued only after the decision adjudicating the title becomes final and executory. If the amendment INCLUDES an area of land not previously included in the original application.Where a party files an application for registration of a parcel of land which is already the subject of registration proceedings. A Torrens title issued on the basis of a judgment that is not final is a nullity. it ceded and transferred full ownership to UP. Uy Ateneo Law School 2012 . [EXCEPTION] Mendoza vs CA Under Section 29 of the Land Registration Act. Since the amendment in Parcel No. if the survey plan is approved by the Director of Lands and its correctness has not been overcome by clear. but in fact excluded 292.Section 14 merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed . Lopez vs De Castro . 3990 was enacted. a new publication of the amended application must be made. 1945 or earlier International Hardwood and Veneer Co. and non-publication will not affect the jurisdiction of the Court.10 sqm).

or underneath. the rights over the land are indivisible and that the land itself cannot be half agricultural and half mineral. The reason is due process and the reality that the Official Gazette is not as widely read and circulated as newspapers and is oftentimes delayed in its circulation. against even the government. 26 of PD 1529) A movant. without need of any further act such as the purchase of the land or the obtention of a patent over it. not a private person Lopez vs Enriquez Motion to lift order of general default prior to the entry of a final judgment becoming final and executor. unlike an oppositor.Land Titles: Case Doctrines Neither does it require that the "buyer" or the "person to whom the property has been conveyed" be a party to the case. if at all. How to Prove if the land is alienable or disposable? 1. for any other purpose that will impede the mining operations to be undertaken therein. to Benguet and Atok. and (2) that prior notice be given to the parties to the case. such that the notices published therein may not reach the interested parties on time.once minerals are discovered in the land. And the peculiar facts and circumstances obtaining in this case show that these requirements have been complied with. as they did. because it was enclosed with a fence and was cultivated by those who were unlawfully occupying the surface. after that. By such act. CA 137 . the locators acquired exclusive rights over the land. including the registered owner thereof. The said word denotes an imperative and thus indicates the mandatory character of a statute. Republic vs Marasigan OG is sufficient in complying with the publication requirements. It may be asked why publication in a newspaper of general circulation should be deemed mandatory when the law already requires notice by publication in the Official Gazette as well as by mailing and posting. the land must be either completely mineral or completely agricultural. In the instant case. don’t need to file to life the order of general default Republic vs CA The perfection of the mining claim converted the property to mineral land and under the laws then in force removed it from the public domain. all of which have already been complied with in the case at hand. The classification must be categorical. they had the right to transfer the same. As the land had become the private property of the locators. but it is still mandatory to comply with mailing and posting De Castro vs Marcos Only the Solicitor General can file an opposition. He may thus be a total stranger to the land registration proceedings. Presidential proclamation 2. as already observed. The only requirements of the law are: (1) that the instrument be presented to the court by the interested party together with a motion that the same be considered in relation with the application. such use may be discontinued by the State to enable it to extract the minerals therein in the exercise of its sovereign prerogative. even if only partly so. The land is thus converted to mineral land and may not be used by any private party. you can’t lift order of general default (Sec. Law or statute were being undertaken thereon. it did not cease to be so and become agricultural. Uy Ateneo Law School 2012 . the land which was originally classified as forest land ceased to be so and became mineral — and completely mineral — once the mining claims were perfected. For the loss sustained by such owner. Executive order 3. As long as mining operations Kim Raisa O. he is of course entitled to just compensation under the Mining Laws or in appropriate expropriation proceedings. whatever the use to which it is being devoted at the time. Director vs CA The law used the term ―shall‖ in prescribing the work to be done by the Commissioner of Land Registration upon the latter’s receipt of the court order setting the time for initial hearing.

3. 9. Setting of the date for the initial hearing of the application by the Court. 4. Promulgation of judgment by the Court. Survey of land by the Bureau of Lands or a duly licensed private surveyor. 12. 7. Sending of copy of the decree of registration to the corresponding Register of Deeds. once registered. Transmittal of the application and the date of initial hearing together with all the documents or other evidences attached thereto by the Clerk of Court to the Land Registration Commission. 8. the claim here is only noted on the survey plan. All claims of third persons to the property must be asserted in the registration proceedings. and may no longer be the subject of an investigation for determination or judgment in cadastral proceeding 6. Filing of answer to the application by any person whether named in the notice or not. and Kim Raisa O. Entry of the decree of registration in the Land Registration Commission. and such annotation cannot prevail over the actual decree of registration as reproduced in the certificate. Issuance of the decree by the Court declaring the decision final and instructing the Land Registration Commission to issue a decree of confirmation and registration. Director vs CA Notwithstanding absence of opposition from the government. occupants and those known to have interests in the property by the sheriff. 10. Filing of application for registration by the applicant. Furthermore. ―no title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession. As long as a final decree has not been entered by the Land Registration Commission (now NLTDRA) and the period of one (1) year has not elapsed from date of entry of such decree. 2. Uy Ateneo Law School 2012 .Land Titles: Case Doctrines Fernandez vs Abrotique Registered land under the Torrens System cannot be acquired by prescription or adverse possession. 13. upon payment of the prescribed fees. becomes indefeasible and incontrovertible as a Torrens title. the following requisites should all be satisfied: 1. Publication of a notice of the filing of the application and date and place of the hearing in the Official Gazette.‖ A mere claim cannot defeat a registered title. a homestead patent. the petitioner in land registration cases is not relieved of the burden of proving the imperfect right or title sought to be confirmed Republic vs Abrille For an applicant to have his imperfect or incomplete title or claim to a land to be originally registered under Act 496. Gomez vs CA the adjudication of land in a cadastral or land registration proceeding does not become final after the expiration of 1 year after the entry of the final decree of registration. Transcription of the decree of registration in the registration book and the issuance of the owner's duplicate original certificate of title to the applicant by the Register of Deeds. Hearing of the case by the Court. Service of notice upon contiguous owners. 5. the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court. Under the Land Registration Act. 11.

Can’t re-litigate by final judgment = the court with jurisdiction Forest lands has to be classified by the government as alienable and disposable Requirements for prescription: 1. prescription is recognized as a mode of acquiring ownership over patrimonial property. Uy Ateneo Law School 2012 . identity of parties. Express declaration that the property is no longer intended for public service or for the development of national wealth = patrimonial (NCC 420 par 2) alienable and disposable. Under the NCC. and of cause of action. This is subject to the December 31. who subsequently sold the same to Borromeo. Classification as alienable and disposable 2. of subject matter. Vencilano vs Vano In order that there may be res judicata. and (d) there must be. A Spanish title was not accepted to remove or quiet title. as amended by RA 9176 Kim Raisa O. Spanish title can still prove possession but not ownership exception for the ground of prescription. Evengelista vs Santiago Action to declare the nullity of the Land Title is filed by a private individual Action for reversion can only be filed by the State through the solicitor general In an action for reversion. it is reverted back to the state In a quieting of title. Since the property is in the hands of a Filipino. Borromeo is entitled to the absolute ownership. between the first and the second actions. 2020 deadline imposed by the Public Land Act. if it is a part of public domain. the following requisites must be present: (a) The former judgment must be final. then the reversion is approved. including land and cadastral proceedings) 2 Principles: 1. The possessor is entitled to secure judicial confirmation of title as soon as the land it covers is declared Public domain lands become patrimonial property or private property of the government only upon a declaration that these are alienable or disposable lands. together with an express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth. (applies to all cases. Patrimonial property may be acquired through ordinary acquisitive prescription (possession for at least 10 years in good faith and with just title) or extraordinary acquisitive prescription (uninterrupted. Only when the property has become patrimonial can the prescriptive period for the acquisition of property of the public domain begin to run. the defect is cured and public policy prevails. Republic vs Jacob Possession must not be a mere fiction OCEN plus OCCUPATION Malabanan vs Republic The Public Land Act merely requires possession since June 12. adverse possession for at least 30 years regardless of good faith or just title). This is an exception to the rule on the indefeasibility of a Torrens Title.Land Titles: Case Doctrines Boromeo vs Descallar Registration is not a mode of acquiring ownership Because respondent is not a holder in good faith whose ownership is not vested by the Torrens title. 1945 and does not require that the lands should have been alienable and disposable during the entire period of possession. petitioner should have equitable or legal title over the land. (b) it must have been rendered by a court having jurisdiction of the subject matter and of the parties. (c) it must be a judgment on the merits. a Filipino. The property was acquired by an alien who could not legally own it.

Any new title which the cadastral court may order to be issued is null and void and should be cancelled. becomes as indefeasible as a Torrens title. Cadastral Proceeding (Constructive Notice) Remedy: 1. once registered under the Land Registration Act. After that period. motion to dismiss 2. parties are precluded from re-litigating the same issues already determined by final judgment Director vs Benitez it is necessary that notice thereof be given to those persons who claim an adverse interest in the land sought to be registered.Land Titles: Case Doctrines Pending the resolution of a case. and cannot thereafter be the subject of an investigation for determination or judgment in a cadastral case. As 1  A property that has not been declassified as forest land is not susceptible of private ownership Republic vs CA Boundaries prevail SECTIONS 35 TO 38 Municipality of Santiago. A homestead patent. by publishing such notice in two successive issues of the Official Gazette which shall likewise be posted in a conspicuous place on the new land to be surveyed. Duran vs Olivia a homestead patent once registered under the Land Registration Act can not be the subject matter of a cadastral proceeding and that any title issued thereon is null and void. is deemed waived. or to proceed to the partition thereof if it is owned by two or more co-owners. as well as the general public. the petition was not a bar to the issuance of the writ of demolition Republic vs Bacus Who has the power to re-classify the land? Exclusive prerogative of the EXECUTIVE. Expiration of the appeal: 15 days from the decision of the RTC. All that the cadastral court may do is to make correction of technical errors in the description of the property contained in its title. The certificate of title would then be necessary for purposes of effecting registration of subsequent disposition of the land where court proceedings would no longer be necessary. without such an appeal having been perfected. as well as in the municipality building Merced vs CA When title to the land in a cadastral proceeding is vested? Sections 38 and 40 of the Land Registration Act Kim Raisa O. can no longer apply because barred by prescription. Isabela vs CA Rule: a cadastral proceeding is one IN REM and any decision rendered therein by the cadastral court is binding against the whole world. Under this doctrine. a Cadastral Court proceeding declaring a land to be public is not the final decree contemplated in the law1 that would bar subsequent application. sometimes by the Judiciary the title of ownership on the land is vested upon the owner upon the expiration of the period to appeal from the decision or adjudication by the cadastral court. Uy Ateneo Law School 2012 . land registration case Director vs CA The defense of res adjudicata when not set up either in a motion to dismiss or in an answer.

necessary correction of technical errors in the description of the lands.LRA to issue decree of registration and title A third party complaint is in the nature of an original complaint because it is actually independent of and separate and distinct from the plaintiff’s complaint.Court to declare the final judgment (order LRA to issue registration) . the 3 Manotok Cases If the property is covered by 2 titles. one can still apply. Heirs of Gonzaga vs CA. Uy Ateneo Law School 2012 . Errors ii. Manotok Realty vs CLT Realty MWSS vs CA. already issued in the name of a person.Decision .Land Titles: Case Doctrines long as Applicant: (1) complies with Section 48 of CA 141. Veranga vs Republic After trial. it is only after the transcription of the decree by the register of deeds that the certificate of title is to take effect. Owner’s request 2 OCT – earlier title prevails Burden of proof on plaintiff – incontrovertible evidence RD to issue the certificate of title SECTIONS 39 TO 50 IN Rem proceedings – cleanses the defect of the title from the very beginning Pasino vs Monterroyo A Counterclaim is Not a Collateral Attack on the Title . it cannot be the subject of a cadastral proceedings Limitation of Cadastral Court Jurisdiction: 1. divesting the registered owner of the title already issued in his favor. in the name of another. Once a property is already registered. What is prohibited in a cadastral proceeding is the registration of land. what are the additional steps: . a new publication is not needed. and that such jurisdiction cannot operate to deprive a registered owner of his title 2. or the making of such changes in the title as to impair his substantial rights. Cadastral court can no longer acquire jurisdiction on property with Torrens Title Exceptions: i. (unless it is upon the request of the owner) Heirs of Luzuriaga vs Republic Here the identity and area of the claimed property are not the subjects of amendment but other collateral matters. the earlier title prevails a. provided such corrections do not impair the substantial rights of the registered owner. The amendment in this case was not an amendment of the identity and area of the disputed lot. The third party complaint for cancellation of TCT being in the nature of an original complaint for cancellation of TCT. One title is preferred over the other iii. c.A counterclaim is considered an original complaint and the attack on the title in a case originally for recovery of possession cannot be considered as a collateral attack on the title Sarmiento vs CA Kim Raisa O. and (2) as long as public land is alienable and disposable. it constitutes a direct attack of such TCT Erasusta vs CA Attack on a certificate of title is prohibited b. determination of ―which one of the several conflicting registered titles shall prevail‖ 3.

the better approach is to trace the original certificates from which the certificates of title were derived. whether wholly or partly. Manotok vs Barque The LRA is powerless to void the previous title or to diminish its legal effect. Even assuming that the previously issued title is obviously fraudulent or attended by flaws and as such cannot be countenanced by the legal system. the same cannot vest in the titled owner any valid legal title to the land covered by it.Land Titles: Case Doctrines Gregorio Araneta vs RTC An action or proceeding is deemed an attack on a title when the object of the action is to nullify the title. Uy Ateneo Law School 2012 . certificate of title shall not be subject to collateral attack and cannot be altered. and the person in whose name the title was issued cannot transmit the same. in an action or proceeding to obtain a different relief. there is nothing further the LRA can do but to dismiss the petition. Degollacion vs Register of Deeds of Cavite Where two certificates of title purport to include the same land. If a petition for administrative reconstitution is filed with the LRA. the reason for the rule being. and not with the LRA. Where issuance of the title was attended by fraud. Exceptions to indefeasibility of title: 1. Fraud or misrepresentation 3. the corrective recourse lies with the courts. Action for cancellation of TCT Register vs PNB The indefeasibility of titles under the Torrens System could be claimed only if a previous valid title to the same parcel of land does not exist. and thus challenge the judgment pursuant to which the title was decreed. and it appears from the official records that the subject property is already covered by an existing Torrens title in the name of another person. The attack is direct when the object of the action is to annul or set aside such judgment. Republic vs CA one of the exceptions of indefeasibility of title: If the land is incapable of registration even if it is in the hands of an innocent purchaser in value Bornales vs IAC If title was obtained through fraud – indefeasibility cannot be invoked Kim Raisa O. for he has no true title thereto. which right can be claimed only by one who is in possession. but NOT the certificate of title laches can apply one who is in actual possession of a piece of land claiming to be the owner thereof may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. modified. Not capable of registration 4. an attack on the judgment is nevertheless made as an incident thereof. On the other hand. This is a mere affirmation of the recognized principle that a certificate is not conclusive evidence of title if it is shown that the same land had already been registered and an earlier certificate for the same land is in existence. or enjoin its enforcement. or cancelled except in a direct proceeding in accordance with law Cabrera vs CA the title can be attacked directly. that his undisturbed possession gives him a continuing right to seek the aid of a court of equity to ascertain and determine the nature of the adverse claim of a third party and its effect on his own title. it is indirect or collateral when. Titled 2.

either of which is calculated to deceive or deprive another of his legal rights. however. (5) induces another not to oppose an application. causing the latter An appeal should be taken within 15 days from the notice of judgment or final order appealed from To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases. thereby preventing him from asserting his right to the property registered in the name of the applicant.38 thereof. (4) deliberately makes a false statement that there are no other claims.Land Titles: Case Doctrines Arguelles vs Timbancaya The action to annul the title or the action for reconveyance has its basis in Section 55 of Act 496. counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration Cruz vs Navarro There must be actual fraud to justify the re-opening of decree of registration. (2) applies for and obtains adjudication and registration in the name of a co-owner of land which he knows has not been allotted to him in the partition. because of a deliberate misrepresentation that the lots are not contested when in fact they are. on the ground of fraud. REMEDIES Cadiz Notes: Forged Deed of Sale  the buyer will not acquire any title because there are only 2 titles Chain of Title Doctrine  there should be at least 3 titles 1. Uy Ateneo Law School 2012 . which has for its purpose the reopening of the decree of title. There must be an intentional concealment or omission of a fact required by law to be stated in the application or a wilful statement of a claim against the truth. such as when it was not impleaded as a party to a case because it failed to effect the timely registration of its Deed of Sale. the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the RTC. In the example above. The fraud must also be extrinsic – when it is employed to deprive a party of his day in court." This is a remedy which is available as long as the property has not passed to an innocent third person for value. It is independent and distinct from that authorized by Section . or (7) misrepresents the identity of the lot to the true owner. the third person will acquire a good title assuming he is an innocent purchaser for value or mortgagee in good faith Francisco vs Puno A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied Petition for relief and motion for new trial are remedies exclusive of each other It is only in appropriate cases where a party aggrieved by a judgment has not been able to file a motion for new trial that a petition for relief can be filed Neypes vs CA Kim Raisa O. (6) deliberately fails to notify the party entitled to notice. 3. 2. Extrinsic fraud is present in cases where a party (1) is deprived of his interest in land. within one (1) year from its issuance. so that the latter would include in the survey plan the bed of a navigable stream. without prejudice. (3) intentionally conceals facts and connives with the land inspector. as amended which provides that "in all cases of registration procured by fraud the owner may pursue all his legal and equitable remedies against the parties to such fraud. Original owner Forged title Buyer’s title There is fraud when applicant for land registration failed to inform court of persons in actual possession of land registered in applicant’s name Rexlon Realty vs CA There is no extrinsic fraud where the failure of a party to present its case was caused by its own inaction. to the rights of any innocent holder for value of a certificate of title.

thus Pangilinan is expected to ascertain the status and condition of the properties offered to him as collaterals. Uy Ateneo Law School 2012 . and serves as a notice and warning to third parties dealing with said property that someone is claiming an interest on the same or may have a better right than the registered owner thereof. A petition for review may be filed at any time after the rendition of the court’s decision and before the expiration of 1 year from the entry of the final decree of registration Rufloe vs Burgos A forged deed of sale is null and void and conveyed no title. Pineda vs CA No valid TCT can issue from a void TCT unless an innocent purchaser for value has intervened The rule is that a mortgage annotated on a void title is valid if the mortgagee registered the mortgage in good faith To bind third parties to an unregistered encumbrance. the land was subsequently sold to an innocent purchaser Duran vs IAC The fraudulent and forged document of sale may become the root of a valid title if the certificate has already been transferred from the name of the true owner to the name indicated by the forger 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. Pangilinan is engaged in the real estate business. Adriano vs Pangilinan Pangilinan failed to observe due diligence in the grant of the loan and in the execution of the real estate mortgage. Fraud. he should have made inquiries about the rights of the actual possessors Sandoval vs CA A fraudulent or forged document of sale may give rise to a valid title if the certificate of title has already been transferred from the name of the true owner to the name indicated by the forger and while it remained as such. Rivera vs Moran When motion for notice and hearing was served upon the lawyer of the party. goes into and affects the jurisdiction of the court. as well as to verify the identities of the persons he transacts business with. The annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property. the law requires actual notice Kim Raisa O. in these cases. a decision rendered on the basis of such fraud becomes subject to annulment. she is under no obligation to look beyond the certificate and investigate the title of the mortgagor appearing on the face of said certificate. Pangilinan knew that the property was being leased. There can be no possible reason for requiring the complainant to wait until the final decree is entered before urging his claim of fraud. thus.Land Titles: Case Doctrines to withdraw his opposition. it is deemed served as notice to the party Petition for review if a remedy separate and distinct from a motion for new trial and the right to the remedy is not affected by the denial of such motion irrespective of the grounds upon which it may have been presented Petition for review must be presented before the expiration of one year from entry of the decree. In the absence of anything to excite suspicion. It is clear from the testimony of Pangilinan that he failed to verify whether the individual executing the mortgage was really the owner of the property.

Cabrera vs CA Annulment if a registration under Torrens System should be made with the utmost caution and cannot be done collaterally Action for reconveyance may be filed even before the issuance of the decree of registration Pino vs CA Where the certificate of title is in the name of the vendor when the land is sold. the remedy of the defrauded party is to bring an action for damages against those who caused the fraud or were instrumental in depriving him of the property. Francisco vs CA. SECTIONS 51 TO 68 Kim Raisa O. In the absence of anything to excite or arouse suspicion. This rule applies only when plaintiff is not in possession of the property. said vendee is under no obligation to look beyond the certificate and investigate the title of the vendor appearing on the face of said certificate If an action for reconveyance based on constructive trust cannot reach an innocent purchaser for value. the vendee for value has the right to rely on what appears on the certificate of title. acts. omissions.Land Titles: Case Doctrines The settled rule is that the auction sale retroacts to the date of the registration of the mortgage putting the auction sale beyond the reach of any intervening lis pendens. And it is now well-settled that such action prescribes in ten years from the issuance of the Torrens Title over the property. It is the date that should be entered in the primary entry book of the RD which shall be regarded as the date of its registration. and the like (annotation is required) The buyer becomes the registered owner the moment the deed is entered in the day book and he surrenders the owner’s duplicate certificate of title and pays the fees Mingoa vs LRC The date of mailing of an instrument to the RD for purposes of registration should be considered the date of filing and receipt by RD. De Guzman vs National Treasurer The Assurance Fund is intended to relieve innocent persons from the harshness of the doctrine that a certificate of title is conclusive evidence of an indefeasible title to land. (NOT the date of actual receipt) Pilapil vs CA Registration retoacts to the date of entry in the book Involuntary Registration An entry in the day book is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the RD loss without negligence attributable to mistakes. notice of lis pendens. PNB vs CA & Borneles vs CA General Rule: the buyer can rely on the title Exceptions: Voluntary Registration The registration of an attachment. It is given to persons who sustain damage or Egao vs CA. levy upon execution. Uy Ateneo Law School 2012 . misfeasance etc of Register of Deeds in the performance of their functions. Quiniano vs CA. sale or attachment Heirs of Jose Olviga vs CA Garcia vs CA An action for reconveyance of a parcel of land based on implied or constructive trust prescribes in 10 years from registration of the deed or date of issuance of certificate of title.

or the purchaser at the auction sale whose rights were derived from a prior mortgage validly registered Land Bank vs Republic Mortgagees of non-disposable lands. This Court has repeatedly held that in involuntary registration. it could not have become incontrovertible. 1982. Sajones vs CA If the vendee has actual knowledge of the defects  equals to registration Solivel vs Francisco A buyer is deemed to be in bad faith if he did not ascertain the seller. We have also consistently ruled that an auction or execution sale retroacts to the date of levy of the lien of attachment. Any title issued covering nondisposable lots even in the hands of an alleged innocent purchaser for value shall be cancelled Annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property where the registration of such interest or right not otherwise provided for by the Land Registration Act or Act 496 (now P. 2. 1529 or the Property Registration Decree). the subsequent annotation of an adverse claim cannot defeat the rights of the mortgagee. this sale retroacted to the date of inscription of petitioners' notice of attachment on October 6. 1982. A certificate of title is void when it covers property of public domain classified as forest or timber or mineral land. As a general rule.D. you cannot mortgage a property is you are not the owner Philippine Veterans Bank vs Montillas The prior registered mortgage and the foreclosure proceedings already conducted prevail over subsequent annotation of the notices of lis pendens on the titles to the property. hence the buyer cannot acquire the property and the doctrine of chain of title cannot apply Llanto vs Alzona Mortgagee in good faith is a mortgagee who relied on the title of the mortgagor who has a title on its name. the notice of attachment covering the subject property was annotated in the entry book of the Register of Deeds of Pasay City on October 6. 4. Uy Ateneo Law School 2012 . A prior registration of a lien creates preference. 1982. 1982. When the subject property was sold on execution to the petitioners. and serves a warning to third parties dealing with said property that someone is claiming an interest on the same or a better right than that of the registered owner Under the Torrens system. registration is the operative act which gives validity to the transfer or creates a lien upon the land. entry thereof in the day book or entry book is a sufficient notice to all persons of such adverse claim. while the new transfer certificate of title in the name of respondent spouses was issued on October 18. Facts and circumstances that would compel a reasonable prudent man to investigate Land sold is in possession of another owner When you buy the property NOT from the registered owner Annotation of lis pendens is present Since the title is void. levy on execution. Even prescription may not be used as a defense SECTIONS 69 to 92 Caviles vs Bautista In the case at bar. lis pendens and the like. titles to which were erroneously issued acquire no protection under the Land Registration Law Forest lands cannot be owned by private persons. such as an attachment. hence. Kim Raisa O. 3. It is not registerable. Petitioners' lien of attachment was properly recorded when it was entered in the primary entry book of the Register of Deeds on October 6.Land Titles: Case Doctrines 1. the date when Plata sold the property to said respondents. The earlier registration of the petitioners' levy on preliminary attachment gave them superiority and preference in rights over the attached property as against respondents.

c) An action to remove clouds thereon. 107. and if any of the registrations should be considered unnecessary or superfluous. are not contradictory or repugnant to one another. especially if the subject certificates of title to be surrendered are intimately connected with the subject matter of the principal action. "after proper showing that the notice is for the purpose of molesting the adverse party. Second.: a) An action to recover possession of real estate. Even while Sec. and not the annotation of an adverse claim which is more permanent and cannot be cancelled without adequate hearing and proper disposition of the claim involved Statement that the property is subject to consulta. Uy Ateneo Law School 2012 . unlike a statement of adverse claim. cannot serve as warning and notice to third persons dealing with the property Lopez vs Enriquez The filing of a notice of lis pendens has a two-fold effect. First. 107 of P. d) An action for partition and e) Any other proceedings of any kind in Court directly affecting the title to the land or the use or occupation thereof or the buildings thereon. it keeps the subject matter of the litigation within the power of the court until the entry of the final judgment to prevent the defeat of the final judgment by successive alienations. otherwise. this does not preclude a party to a pending case to include as incident therein the relief stated under Sec. before parting with his money. Magdalena Homeowners vs CA a notice of lis pendens is proper in the following cases. Kim Raisa O. bona fide or not.D. In order to bind third parties. it would be the notice is pendens. is expected to first ensure that the title to the property he is about to purchase is clear and free from any liabilities and that the sellers have the proper authority to deal on the property. of the land subject of the litigation to the judgment or decree that the court will Cancellation of the adverse claim is still necessary to render it ineffective. Doronilla Resources vs CA Ligon vs CA Under our land registration law. it binds a purchaser. the inscription will remain annotated and shall continue as a lien upon the property. In case the person in possession of the duplicate certificates refuses or fails to surrender the same to the Register of Deeds so that a voluntary document may be registered and a new certificate issued the regional trial courts the authority to act not only on applications for original registration but also over all petitions filed after original registration of title. b) An action to quiet title thereto. it must be registered with the Office of the Register of Deeds. A notice of levy cannot prevail over an existing adverse claim inscribed on the certificate of title Rodriguez vs CA Any prudent buyer of real property. Deed of sale with assumption of mortgage is a registrable instrument. no voluntary instrument shall be registered by the Register of Deeds unless the owner's duplicate certificate is presented together with such instrument." A. viz. except in some cases or upon order of the court for cause shown. or that it is not necessary to protect the rights of the party who caused it to be recorded. nor does the existence of one automatically nullify the other. with power to hear and determine all questions arising upon such applications or petitions. a notice of lis pendens may be cancelled upon order of the court. The two remedies. 1529 speaks of a petition which can be filed by one who wants to compel another to surrender the certificates of title to the Register of Deeds. notice of lis pendens and adverse claim.Land Titles: Case Doctrines Any lien annotated on the previous certificates of title which subsists should be incorporated in or carried over to the new transfer certificates of title.

to distinguish between movants as mere interested parties prescribed under Section 22 of PD 1529 and movants as intervenors-oppositors to the land registration proceedings. shall be deemed the owner. that they be innocent purchasers in good faith and for value. It is only in the latter case that a motion to lift the order of general default is required. It is issued in order for the tenantfarmer to acquire the land. When the thing sold twice is an immovable. but also with the use or occupation of a property. both made in good faith. San Lorenzo Development Corporation vs CA The principle of primus tempore. was under no obligation to look beyond the certificate and investigate the title of the mortgagor appearing on the face of said certificate. which proves inchoate ownership of an agricultural land primarily devoted to rice and corn production. its right or lien upon the land mortgaged must be respected and protected. Uy Ateneo Law School 2012 . SECTIONS 93 to 106 Torres vs CA The doctrine of a forged deed becoming a root of a valid title cannot be applied where the owner still holds valid and existing certificate of title covering the same interest in a realty Remedy of buyer from a person who pretended to be owner of registered and after procuring a false claim of loss of owner ’s duplicate in court. Ybanez vs IAC Public land certificate of title issued to a person attains the status of indefeasibility 1 year after the issuance of patent Del Castillo vs Orciga A Certificate of Land Transfer (CLT) is a document issued to a tenantfarmer.Land Titles: Case Doctrines promulgate subsequently. 76 of PD 1529 who may file an application for a notice of lis pendens with the RD One should be careful. Verily. an action against the Treasurer of the Philippines may be filed for the recovery of damages against the Assurance Fund. the one who acquires it and first records it in the Registry of Property. stronger in right) gains greater significance in case of double sale of immovable property. the registrant must have no knowledge of the defect or lack of title of his vendor or must not have been aware of facts which should have put him upon such inquiry and investigation as might be necessary to acquaint him with the defects in the title of his vendor Article 1544 does not apply to a case where there was a sale to one party of the land itself while the other contract was a mere promise to sell the land or at most an actual assignment of the right to repurchase the same land. However. potior jure (first in time. in the absence of anything to excite suspicion. This certificate prescribes the terms and conditions of ownership over said land and likewise describes the landholding––its area and its location. Accordingly. the filing of a notice of lis pendens does not create a right or lien that previously did not exist. even if the mortgagor obtained her title there thru fraud. there was no double sale of the same land in that case. The remedy of the persons prejudice bring an action for damages against those causing fraud. however. is against the latter or the Assurance Fund Blanco vs Esquierdo A mortgagee had the right to rely on what appeared in the certificate and. Being thus an innocent mortgagee for value. and if the latter are insolvent. the act of registration must be coupled with good faith— that is. Persons who are mere movants are not original parties to an action contemplated in Sec. A notice of lis pendens may involve actions that deal not only with title or possession of a property. Treasurer vs CA It is a condition sine qua non that the person who brings an action for damages against the Assurance Fund be the registered owner and as the holders of TCT. A CLT is the provisional title of ownership over the landholding while the lot owner is awaiting full Kim Raisa O.

27 is effected in two (2) stages: (1) issuance of a CLT to a farmer-beneficiary as soon as DAR transfers the landholding to the farmer-beneficiary in recognition that said person is a "deemed owner". Thus. De los Angeles vs Santos land registration court which has validly acquired jurisdiction over a parcel of land for registration of title thereto could NOT be divested of said jurisdiction by a subsequent administrative act consisting in the issuance by the Director of Lands of a homestead patent covering the same parcel of land Pasino vs Monterroyo Non-Registration of Homestead Patent Rendered it Functus Officio: It is the act of registration that shall be the operative act to affect and convey the land Tengco vs Aliwalas An original certificate of title issued on the strength of a homestead patent partakes of the nature of a certificate of title issued in a judicial proceeding Title acquired through a homestead patent registered under the Land Registration Act is imprescriptible. Uy Ateneo Law School 2012 ." Land transfer under PD No. and (2) issuance of an Emancipation Patent as proof of full ownership of the landholding upon full payment of the annual amortizations or lease rentals by the farmer or beneficiary.Land Titles: Case Doctrines payment of the land’s value or for as long as the beneficiary is an "amortizing owner. prescription cannot operate against a registered owner Kim Raisa O.