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DE LA SALLE LIPA

COLLEGE OF LAW SYLLABUS SUBJECT NAME Land, Titles, and Deeds SUBJECT DESCRIPTION This course deals with the laws on land, titles, and deeds or the laws which govern land registration in the Philippines. The course will relate land registration laws with pertinent provisions of the Civil Code (Property, Sales, Mortgage etc.) and Special laws. SUBJECT CREDIT Two (2) units PRE-REQUISITE/S LAW101 Laws on Obligations and Contracts GENERAL OBJECTIVES OF THE SUBJECT At the end of the course, students are expected to: acquire knowledge and understanding about the law on land, titles and deeds understand the legal consequences of these laws and their relation to other pertinent general and special laws appreciate the subject matter and develop familiarity with the procedures affecting land, titles and deeds recognize the importance of these laws to protect the rights of persons and acquire the necessary skills to defend those rights

SUBJECT OUTLINE SPECIFIC OBJECTIVES CONTENT/TOPICS LEARNING ACTIVITIES/STRATEGIES / INSTRUCTIONAL MEDIA/TECHNOLOGY USED Discussion handbook of students VALUES INTEGRATED TIME ALLOTMENT EVALUATION PROCEDURES

Be aware of De La Salle Lipas and Departments mission, vision and object Be oriented bout what is the subject all about Appreciate the History of Land Registration in the Philippines Identify the lands that could be registered and those which could not be registered and the reasons therefor Identify the lands that could be registered and those which could not be registered and the reasons therefor Familiarity conversion with land

CHAPTERS 1 and 2 of Land Titles and Deeds (LTD) by Ed Vincent Albano III Mission, vision and objectives of De La Salle Lipa and of the College of Law Course orientation requirements and

Loyalty to De La Salle Lipa Sense of interest and appreciation for the subject

First week

Power Point Presentation on Importance of the Subject on a Lawyers Career Path vis--vis the Real Estate Service Act (RA 9646)

Oral presentation of the students expectation Graded Recitation Note: Please refer to the list of cases for the pertinent cases relating to each Chapter

History of Torrens System and the Land Registration Laws Lands capable registered CHAPTER 2 Regalian Doctrine Lands of the Public Domain definition requirements before opened for ownership lands not open for of being Lectures Discussion Assignments Pictures of lands Due Diligence Appreciation of Property Classifications Second week

Continuation Graded Recitation

of

ownership - Friar lands - Ancestral Lands (IPRA law) - National Parks (NIPAS Law) Kinds of Agricultural land Land Conversion

Civil Code classification of Lands Distinction between property of public dominion and patrimonial property Determine how lands are acquired Give examples and illustrate the modes of acquisition Appreciation of the concept of Social Justice CHAPTER 3 Agricultural Lands General Matters - Homestead Settlement -Adminsitrative Legalization - Sales Patent -Foreshore lands and Reclaimed lands - Marshy lands -Limitations on land acquired under the Public Land Act Disposition Civil Code of land under the Accretion Succession Donation Sale Prescription Lectures Discussion Assignments Cases Due Diligence Caveat Emptor Venditor and Third week to Fifth week Quiz Graded Recitation Presentation of Social Justice Group 1 on Procedure and Forms in the Department of Agrarian Reform

Disposition under other laws - Escheat

Eminent Domain Comprehensive Agrarian Reform Act as amended particularly by CARP Extension and Reforms Law Quiz Lecture Discussion Case analysis Honesty Marketing Client Awareness in Sixth Week Graded recitation

Enumerate and explain the persons or entities who may acquire lands

CHAPTER 4 Natural Persons 1. Citizenship requirement 2. Age requirement 3. Requirement as to allowable land area that may be acquired Juridical Persons Special Laws 1. Citizenship Retention and Reacquisition Law or RA 9225 2. Philippine Retirement Authority and Special Resident Retiree Visa on 100% interest acquisition of a foreigner 3. Real Estate Service Act

Explain the process of land registration

CHAPTER V Original Registration Proceedings under the Property Registration Decree - In rem

Lecture Discussion Case analysis

Commitment Responsibility Respect

Seventh Week to Eigth Week

Recitation Quiz Group 2 Report on Original Registration Requirements

proceedings Jurisdiction Venue of action The applicant Procedure

and Forms

Cadastral Registration Proceedings - procedure - effect - nature of land which has not been claimed Condominium Act Indigenous Peoples Rights Act Philippine Land Registration and Information System (PHILARIS) Implementing Guidelines on Electronic Registration of Land Titles and Deeds, 21 June 2009 MIDTERM EXAMINATION Know the Purpose Torrens Title of CHAPTER 6 Purpose of Torrens title Enumerate the several protections provided by the Property Registration Decree and the Civil Code Identify the various liens or annotations at the front or back of titles Spanish Titles Title Audit Safeguards provided by the Property Registration Decree no acquisitive prescription no collateral attack Concept presentation Lectures Sample Titles and their annotations and liens Good Faith Title HouseKeeping First week to Third week Graded Recitation

constructive notice

Protection given by the Civil Code rule on preference in double sales mirror principle rules on builders, planter, and sowers lease Liens on registered lands Enumerate and explain the various subsequent dealings in registered land CHAPTER 7 Subsequent Registration Voluntary Instrument Involuntary dealings Registration of judgments; orders; partitions PHILARIS Discuss the remedies in land registration CHAPTER 8 Remedies available before the issuance of the Torrens Title but before one (1) year has lapsed from issuance Rule 37 of the Rules of Court Motion for New Trial or Reconsideration Rule 41- Appeal from Judgment of the RTC Ruel 45 Appeal by Certiorari to the Supreme Court Lecture Discussion Cases Illustrations of litigation forms Fairness Temperance Perseverance various Group 4 report on different litigation forms affecting land registration both administrative and legal Fifth to Eighth week Quiz Graded Recitation Lectures Demonstration of Contract Execution and Notarization Assignments Cases Responsibility Fairness Group 3 demonstration of contract execution and notarization process Fourth week Graded Recitation

Rule 65 Petition for Review on Certiorari Rule 38 Relief from Judgments, Order or other proceedings Rule 47 Annulment of Judgment or final orders and resolutions Section 32, P.D. No. 1529, Petition for Reopening or Review of the Decree of Registration

Remedies available after one (1) year has lapsed from the time of issuance of the Torrens Title Action for Reconveyance of Property 1. Grounds: - Fraud - Implied trust - Void contract 2. Action for damages 3. Quieting of Title 4. Escheat Remedies available under the Public Land Act 1. Action for Reversion in favor of the State

2.

Declaration of Nullity of Patent

Other Remedies Available 1. Section 70, PD 1529, Annotation of Adverse Claim 2. Injunction 3. The Assurance fund 4. Amendment and Alteration of Certificate of Title 5. Reconstitution of title to land

FINAL EXAMINATION

REQUIREMENTS OF THE SUBJECT Major examinations (Mid-term and Final Examinations) Quizzes Group Research works Recitations GRADING SYSTEM FIRST HALF OF THE SEMESTER 20% - Quiz 20% - Graded Recitation 40% - Mid Term Examination 20% - Other Requirements ( Group Projects, Individual case digests, etc) SECOND HALF OF THE SEMESTER 20% - Quiz 20% - Graded Recitation 40% - Final Exam 20% - Other Requirements ( Group Projects, Individual case digests, etc)

FINAL GRADE:

40% OF FIRST HALF OF THE SEMESTERS GRADE +60% OF THE SECOND HALF OF THE SEMESTERS GRADE Albano III, Ed Vincent, Land Titles and Deeds, latest edition

TEXTBOOK

REFERENCES

Aquino, Amado, Land Titles and Deeds, latest edition Pea, Narciso, Land, Titles, and Deeds, latest edition Bilog, Gregorio,Land, Titles and Deeds, 2005, Rex Bookstore Noblejas, Edilberto, Noblejas, Antonio, Land Titles and Deeds Real Estate Laws in the Philippines, Denny Milligan, latest edition

PREPARED BY

ATTY. RHANDELL ALVIN B. MATULOY Faculty, College of Law

APPROVED BY

ATTY. EMERITO ENGINCO Dean