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Land Titles and Deeds

Acknowledgment To my classmates mentioned here, wherever you are now, thank you very much for the participations. Without you, this material could not have been made possible. Judge Albert, thank you for the time and dedication to teach us and for this material which is really yours. DEDICATION To our firm: G.O.D. & Associates, you will be remembered. Geronimo, Armi Olandesca, Gab Dagalangit, Raha & Associates. Thank you and Good Luck! Ut in Omnibus Deus Glorificetur & Instaurare Omnia in Christo! That in all things God May be Glorified and To restore all things in Christ! Cheers! Gabriel Olandesca Bedan from Dapdapan, Sapian, Capiz In consequence of certain contracts by tradtion or delivery Acquisitive prescription Real property cannot be created intellectually or by magic Modes of Acquiring Land Titles 1. Govt grant 2. Adverse possession or prescription 3. Accretion 4. Reclamation 5. Voluntary transfer 6. Involuntary alienation 7. Succession Government Grant: Whenever public land is conveyed to a private individual there is some form of govt grant. Regalian doctrine. Title to land must emanate from some source since it cannot 00 from nowhere. No public land can be acquired private individual without a form of grant, express or implied, from the government. Laws had been passed which allowed the government to grant public land to individual. EX, CA 141. Examples of public lands Homestead patent, sales patent, free patent. These public lands to the issuance of land patent provide for administrative proceedings in land registration. A person issued a homestead patent, all he has to do is to present that to the register of deeds, pay the corresponding fees and he will be given a corresponding OCT. no judicial proceedings. PD 27 tenant farmer beneficiaries of lands devoted to rice and corn are deemed owners of the land that they till. Implementing rules and other amendatory decree were imposed for the issuance of emancipation patent. Upon filing of the emancipation patent to the register of deeds, the OCT will be issued in the name of the grantee (EP).

What does not kill you will only make you Stronger. Nietzsche Start of First meeting Explain the following purposes of land registration: 1. To quite title to land 2. To establish priority in rights 3. To create indefeasible and imprescriptible title binding on the whole world So we start with the modes of acquiring land titles: Under the New Civil Code, Article 712 five modes of acquiring of all types of property: Occupation Intellectual creation Donation/succession

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When the property is conveyed to 3rd persons the letters EP are omitted in new TCT. RA 6657 Comprehensive agrarian reform law superseded PD 27. Acquisitive Prescription Person acquires land title by acquisitive prescription if he has been in OCENO for a period of time prescribed by law. Possessor in Good faith and in bad faith. The distinction of this kind of possessions, lies in the period. Good faith, 10 years. Bad faith, 30 years. Land registered under Torrens Title cannot be acquired by acquisitive prescription because of Sec. 47 PD 1529. Lands registered under the Torrens system are imprescriptible. They cannot be acquired by adverse possession for a period of time prescribed. The registered owner remains in possession even if another person enters his land and stays there for even more than 30 years because the title of the registered owner is imprescrible. Accretion Art. 440. The ownership of property gives the right of accession to everything which is produced thereby, or incorporated or attached thereto, either naturally or artificially. If a thing is produced or attached to a principal thing is called accretion. The principle is that the thing produced or that which attached is the property of the owner of the principal. Example: owner of land and building. The principal is the land. The building is the accessory. The owner of the principal is the owner of the accessory. Accessory follows the principal. Basis: The right of accession under Art. 440. Accretion to Immovable Alluvion, Avulsion, formation of island, change of river course, change of river course Alluvium Art.457 To the owners of the land adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Because of the gradual action of the river, soil are attached to the land. The process of depositing the soil and other materials to the land of another is called alluvion. What is deposited is the alluvial deposit. This applies only to lands bordering the river not foreshore land. Accretion is the act of the deposit of the soil, gradual. For a period of time. Supposing the land is already covered by Torrens title. Question: is the additional area as a consequence of alluvion also registered? No. because of the technical description in the certificate of title. TD is specific as to the boundary and metes and bounds. It is not registered. The court did not order that the additional portion registered. What is the remedy? The registered owner should apply the registration of the additional area. Reclamation It is the method of filling submerged land by deliberate act of persons or entities. In the Phil., only the government can assert ownership to reclaimed lands (this is the rule). Lands reclaimed from the sea belong to the State (Law on waters of 1866). Example: Lands in Roxas Boulevard; Reclamation project. However, the government may declare reclaimed land no longer necessary for public use and that it is already alienable and disposable land of the public domain. In addition, RA 1899, the national government granted municipalities and chartered cities the authority to undertake and carry out reclamation projects at their own expense. The reclaimed area becomes the property of the local government. Foreshore land It is that portion of the shore which is dry during low tide but submerged by sea water during high tide. Foreshore land has always been classified as 2|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

Land Titles and Deeds


INALIENABLE LAND of the public domain. It cannot be acquired by private persons. Question: May the Government reclassify these foreshore lands as alienable? No. it is ALWAYS INALIENABLE. What about reclamation? Because of the reclamation, natabunan na yung foreshore. That is correct. But a new foreshore land is created. Nausug lang. that portion remains a foreshore land. Therefore, that portion still remains inalienable. PD 1084 Public Estates Authority PEA has the power to reclaim land including foreshore and submerged areas and to develop and improve, lease and sell this kinds of lands. It has undertook a reclamation project in Roxas Boulevard and it conceded the reclaimed land in favor of an entity. This was challenged. The problem is that it was not yet reclassified before alienation. Chavez v. PEA The submerged areas of the Manila Bay remained inalienable area of the public domain until it is reclaimed. Tabunan muna ung lupa. Then classify the land as alienable and disposable land of the public domain. But the mere filling up does not automatically convert the land into alienable and disposable land of the public domain. There must be a positive act on the part of the government declaring them as alienable and disposable land of the public domain. The submerged portion cannot be legally transferred to any private land. Basta may tubig pa, outside the commerce of man. Procedure, 1. Reclaim 2. Classify as alienable by positive act on the part of the government Foreshore land are alienable land of the public land since the adoption of the REGALIAN DOCTRINE. THIS PRINCIPLE REMAINS IMMUTABLE SINCE THE SPANISH LAW ON WATERS. Therefore, foreshore lands are outside the commerce of men. Cannot be subject to registration. Private corporations are not qualified to acquire alienable lands of the public domain because of the 1973 and 1987 Constitutions. They are only allowed to lease these areas. However, if the private corporation acquired the land under the 1935 Constitution, it continues. Lands used by the AFP but were declared but no longer needed for public service and converted into patrimonial properties have been classified as alienable and disposable land of the public domain. Example, The Fort, a military reservation. During Ramos Admin. Fort was no longer needed for public service. Then it was converted into patrimonial property. And declared by government as alienable and disposable land of the public domain. It fell into the hands of private individuals. Voluntary Transfer Most common method of land transfer. This is a mode of conveyance that the owner himself or his duly authorized representative conveys, assigns or transfers his land to another individual. Since it is a voluntary conveyance, the consent of owner is required in the transfer or conveyance of the land. Like sale, assignment, donation. These are the examples of voluntary transfers of land. The conveyance must be evidenced by a deed of conveyance in the form sufficient in law particularly if the land is a registered land because registration is the operative act that binds and affects third persons. Involuntary Transfer (alienation) Does not require the cooperation of the land owner. The alienation is even against the will of the owner. Example: ED, escheat (forfeiture), seizure due to nonpayment of RE taxes, attachment (as a consequence of a pending suit), levy on execution (as a consequence of a judgment), succession (descent; which occurs when the estate of the deceased owner is acquired by his heirs, or by his devisees (real 3|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

Land Titles and Deeds


property gift recipient through a last will) or legatees (movable property: legacy)) Why are the modes of acquiring ownership or title important? Because registration merely confirms title. If you are the applicant for registration, you have to prove how you acquire ownership over the property. You show the mode of acquiring the same. Sec. 14 PD 1529, who may apply for registration of land. This is the basis of land registration proceeding. What are the laws that bring lands under the operation of the Torrens System of land registration? PD1528 which replaced Act 496 and Act 2259 (Cadastral Act) The proceedings under 1529: Judicial and Voluntary (since it is the owner who applies for registration) Secs. 35 38, the compulsory land registration proceeding are government by these section. These are the cadastral land registration proceedings. It is also judicial but COMPULSORY. If your land is covered by a cadastral survey and by cadastral proceedings, you file an answer. Otherwise you will lose you property. This is initiated by the government. CA 141, as amended Registration of land covered by Patents issued by the Land Management Bureau The proceedings for the registration of this kinds of patent. This is administrative. No need to file a petition. The provision PD 1529 on land patents is section 103. Indigenous Peoples Rights Act of 1997 Minorities; Ancestral Lands; members thereof may apply for registration of their ancestral lands. What is the nature of the Torrens System of Registration? By Richard Torrens who devised patterned from the English Merchant Shipping Act when he became the member of colonial ministry. Real Property act of 1857.

PD 1529, Which government agency which implements it? LRA because Administrative Order 292, headed by an Administrator and two deputies. Ung opisina nito malapit sa SSS, ung tumbok ng V. Luna. This is under the DOJ. Under LRA are the Register of Deeds. It is the central repository of records relative to original registration of lands titled under the Torrens system including subdivision, consolidation plans of titled lands. Administrator has the authority to issue decrees of registration pursuant to final judgment of the court in land registration proceedings. Also to cause the issuance by the Register Deeds the corresponding Title. En consulta (Sec. 11) Reconstitution you also go to the LRA. Register of Deeds is the public repository of records of INSTRUMENTS affecting registered and unregistered lands as well as chattel mortgages under Sec 7 PD 1529. Duty to immediately register instruments provided that the instruments comply with the form sufficient in law. If it is registrable then he must register. MINISTERIAL. Even if the register of deed has knowledge that the signature of seller is forged but the form is registrable he has no option to deny registration that is why a forged document may be the root of a valid title. Since the purpose of registration is only NOTICE. 1:10:00 SUPPOSE that the conveyance is made in favor of Yao Ming, Resident of Beijing China. Will you register? No. because there is patent infirmity.

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There are some examples when the register of deeds deny registration. * Private documents not duly acknowledged before the notary public. Then it is not a registrable document and the register of deeds may deny registration. 2 types of land registration proceedings *Judicial which is classified into ordinary land registration proceedings. Judicial Confirmation under Sec 48 (b) of CA 141. Sec. 35 38, Cadastral Proceedings. Needs to go to court following procedures under Sec. 14 onwards of PD 1529. **Adiministrative Sec. 103, PD 1529 What is nature of land registration proceeding Sec. 2 of PD 1529 (judicial proceedings)? It shall be in rem. Governed by Torrens System of Registration. Proceedings in rem means that it binds all persons known and unknown and the title issued in consequence thereof is binding and conclusive upon the whole world. All persons adversely affected by the proceedings are so bound by the proceedings innocent they might have been of the publication of the notice of initial hearing because it is a proceeding in rem. It also means that the court has jurisdiction over the Res (thing) and the proceeding is binding upon the whole world. How is everyone bound to the judgment rendered in OLR? Under Sec. 23, it is publication of the notice of the initial hearing. Also under sec. 26, in OLR the whole world are made party defendants. It includes the government. Publication of the notice of initial hearing confers jurisdiction upon the court. Who has Jurisdiction? Sec. 2 (par. 2) RTC. Is this exclusive? No. Because of Sec.34 of BP 129 as amended by RA 7691. It provides that MeTC, MTC, MCTC may be assigned by the SC to hear and determine cadastral and land registration cases. The SC was given the authority to assign cases to inferior. The SC has already exercised this authority by issuing ADm. Circ. 6-93-A Nov. 15, 1995. Under that circular, the SC has authorized the inferior courts to hear and determine cadastral and land registration cases. What do you call now the jurisdication of the inferior courts? That jurisdiction is called DELEGATED JURISDICTION. Because the SC assigned to them the power to hear and determine cadastral and land registration proceedings. How are we notified? Through publication of the notice of the initial hearing. In ordinary civil action, a person becomes a party to the case if he is served with the summons and the copy with the complaint.

Coverage. Only 2 types of cases 1. when there is no controversy 2. Contested lots and the value of which does not exceed P100k. In these cases, the inferior courts may take cognizance of the cadastral and land registration cases. Suppose, MTC renders judgment. Where should the losing party appeal? To the Court of appeals na. Because of the delegated jurisdiction the inferior courts have concurrent jurisdiction with the RTC. Land registration cases decided by inferior courts in the exercise of their delegated jurisdiction are appealable to the CA. 5|Page

Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

Land Titles and Deeds


Under 2 par. Of Sec. 2. Take note that RTC is empowered to determine all questions arising upon the application for registration or petition. This was interpreted by SC as granting the RTC acting as land registration court with plenary powers kasi before under Act 496 CFI has limited jurisdiction.
nd

JUDICIAL CONFIRMATION OF INCOMPLETE OR IMPERFECT TITLE Under Sec. 48 (b) CA 141, Public Land Act. A person may file an action for judicial confirmation of incomplete or imperfect title. What is the nature? Judicial and in rem just like OLR. The decree of registration issued is also conclusive and final upon the whole world. Moreover, same rules of procedure applies just like an ordinary of voluntary land registration proceedings. Sec. 34 of PD 1529 is also applicable. There is only one source of the action of petition of incomplete or imperfect title. It is only Sec. 48(b). 4 points to remember in JCT Kind of Land covered: only alienable and disposable lands of the public domain. Period of Possession: Since June 12, 1945 or earlier Period of Filing the petition: Only upto Dec. 31, 2020 Area of the land subject to judicial confirmation: not to exceed 12 hectares.

been in OCENO (possession and occupation) of alienable and disposable land of the public domain since June 12, 1945 or prior thereto 2. Private corporations which had acquired from Filipino citizens who have the qualifications in #1. The private corps which had acquired lands of public domain from Filipinos who OCENO. 3. Natural born citizens who have lost their citizenship and who have acquired from Filipino Citizens who have the qualifications in #1. What should the applicant prove in JDC? There are 2 that must be determined and thus must be proved by the applicant. First, that the land is alienable and disposable land of the public domain. Second, that possession and occupation is in the length of time and in the manner OCENO since June 12, 1945. These must be established in evidence. Secretary of DENR v. Jose Yap (Boracay Island) 00:08:00 In order to be entitled to JCT, the applicant must establish the conditions required under Sec. 48 (b) of CA 141 as amended. What is the basis? Possession and occupation What is the character of possession and occupation? OCENO What is possession and occupation? According to the SC, these terms should be taken together. Occupation serves to highlight the manner of possession. Possession although it may be symbolic requires more because of the words and occupation. There must be actual possession of the land and not mere fiction. The word occupation qualifies the word possession.

July 2, 2010 JCT Sec. 48 (b) CA 141, as amended. First minutes is discussed history of Sec. 48 (b) as amended. Who may Apply for JCT? 1. Filipino citizens who by themselves or through their predecessors in interest have

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Open patent, visible, apparent, notorious and not clandestine. Continuous if it is uninterrupted, unbroken and not intermittent or occasional. Exclusive when the adverse possession can show exclusive dominion over the land. Other persons are therefore excluded from enjoying, using and possessing the property. Notorious when the occupation and possession is conspicuous or that is generally known and talked of the people in the neighborhood. It is known in the community. What are the pieces specific evidence to establish that the land is alienable and disposable land of the public domain? Classification of the land. 1. Presidential proclamation and EO or issuances of the president. 2. Administrative order issued by DENR classifying the land as alienable and disposable land of the public domain 3. Land classification map of the Bureau of Forest or certification by the Director of Forestry of the classification of land. Since they are issuances by public officials, they are regarded as public documents. They have high probative value. 4. Investigation reports by bureu of lands 5. Legislative acts or statutes In addition to classification of land as alienable and disposable land of the public domain, the land must also be IDENTIFIED and DESCRIBED. How is the land identified and described? There must be a survey conducted by the Land Management Bureau or private/licensed geodetic engineer. But the survey plan must be approved by the director of the LMB and should be attached to the application. Survey plan is one of the pieces of evidence. The tracing cloth must also be attached and the TECHNICAL DESCRIPTION of the land. The result of the survey is the survey plan and the technical description. What you will find in the certificate of title is the technical description which is based on the survey plan. Survey plan usually carries the technical description of the land. Which office issues technical description? Land management Bureau. What is the effect of compliance with the requirements with under Sec. 48 (b) of CA 141? This shall be conclusive presumed to have performed all the conditions essential to a government grant and shall be entitled to a certificate of title. It means that when the conditions (possession and occupation OCENO of alienable and disposable land of the public domain) are complied with, First, the possessor and occupant to have acquired by operation of law (ipso jure) a right to a government grant without the necessity of a certificate of title being issued. Second, the land ceases to be of public domain and therefore, beyond the Director of lands to dispose of. That is why the possessor occupant complies with all the requirements, he can already dispose although he does not have a Torrens Title. What is the remedy if you are the possessor occupant? Apply or file a petition for JCT. You are already the owner and the land is no longer public. Although at the time of filing the petition the land is presumed to be of public domain. You still have to prove that you have complied with the requirements of law and the land is no longer of public domain. Republic v. Doldol Are private corporations qualified to own alienable lands of the public domain? It depends on when the private corporation acquired the land of the public domain and from whom. If the acquisition is under 1935 Constitution, the private corporation acquired vested right over the land.

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However, if the acquisition is under the 1973 and 1987 Constitution, it is no longer possible. It can only acquire by lease for 25 for 1000 hectares. But if the private corporation acquired from Filipino Citizens who already complied with the conditions under Sec. 48 (b), may the private coporations apply for JCT? Yes. Republic v. TAN properties Inc. The determinative of the issue, the character of the land and whether at the time of the filing of the application, the land is public land or already private land. When is it public land? When no person has complied with Sec. 48 (b) of CA 141, that is Possession and Occupation OCENO. But when the conditions have been complied, the possessor occupant has acquired a right to a government land without a need of certificate of title. Under Sec. 50 of CA 141, regarding material allegations. Must be in the form prescribed under Sec. 15 of PD 1529. Where should the application be filed? RTC or MTC (under its delegated jurisdiction) What are the distinctions between JCT and OLR? OLR title to the land exists in the applicant subject to the confirmation by the court. - May be dismissed with or without prejudice. JCT the land is presumed to be public and the applicants claim of an interest therein is by virtue of possession and occupation OCENO. - Always with prejudice. Land is declared public land and applicant loses claim of ownership. RA 10023 March 2010. Grants land patent to qualified possessors and occupants of residential lands all over the Philippines. Just like land patents under CA 141. The implementing rules and regulations have been issued in May 5, 2010. Max area is 200 square meters. In other areas, the max area is bigger. Once this is issued, upon presentation of patent, the land is considered registered land. Application in Ordinary or Voluntary Land Registration Proceedings Memorize the chronological steps in OLR. 1. Survey The purpose of the survey is to establish: identity of the land and description of the land. To determine the metes and bounds, the area and description of the land. What is the result of Survey? The survey plan, see supra. Same lang ung procedure sa JCT and OLR. 2. FILING OF THE PETITION: FIRST PART (OUTSIDE OF THE COURT) Preparation of the application to file for JCT Determine who are authorized to apply under Sec. 14: Persons who personally or through their duly authorized representatives a. Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. (only similar to CA 141, Sec 48 (b)) in application, you can allege alternatively Sec. 14 (1) or Sec. 48 (b)) kahit saan pwedeng tamaan yan. If you are a good lawyer, you will use both provisions of law as you causes of action. b. Those who have acquired ownership of private lands by prescription under the provision of existing laws. c. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. d. Those who have acquired ownership of land (occupation and possession 8|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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OCENO, government grant, voluntary alienation: in general Art. 712 of the Civil Code of the Philipines) in any other manner provided for by law. Where the land is owned in common, all the coowners shall file the application jointly. Supposing naturalized Filipino Citizens, allowed to acquired land? Yes. What kind of persons? Natural or Juridical persons. The person must be qualified to own land under the Constitution. That is why the applicant must be a Filipino or owned 60% by Filipinos in case of Corporation. Lets say the land was inherited by 3 legitimate children after the death of the father. Who should apply for the application of the land? Under Sec. 14 of PD 1529, where the land is owned in common, ALL the co-owners shall file the application jointly. This is by express provision of law. Suppose the land is subject of a pacto de retro sale. Who may file registration? In other word, who between the vendor a retro and vendee a retro. Vendor a retro may file. Suppose, the vendor a retro does not exercise his right of redemption. The vendor a retro can be substituted by vendee a retro because after the vendee a retro consolidates his title over the land and therefore, he becomes the absolute. But he not file a new application. What is the remedy? Substitution. should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings. What if the land is subject of an express trust, who may apply? 9|Page Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013) By POWER OF ATTORNEY. The friend becomes the agent of the principal. The friend therefore may file in behalf of the OFW. What about minors or persons under disability, may they file application for registration? Yes. Through their JUDICIAL GUARDIAN. What about the married woman, may she apply even if she did not include her husband in the application? It depends on the property relationship. If the property is conjugal or absolute community, the both spouses must apply. If the property regime is complete separation of property, the married woman may file for her exclusive or separate property. Exclusive property also in case of conjugal partnership of her paraphernal property. What about a mortgagee or antichretic mortgagee, are they qualified for OLR? No. because they only have a lien or encumbrance. In other words, they are not owners. They have not yet acquired ownership over the land. 01:05:56 Under Sec. 16, the applicant is a non-resident (ex. Permanent resident of the USA) he asked his lawyer to apply for OLR, what is required? The non-resident is outside the territorial jurisdiction of the court. He is outside of the country. How will the court reach him and therefore exercise the authority over the non-resident? How would he be bound by the proceedings? The trustee because the trustee has the legal title to the land for the beneficiary and the trustor. The trustee is not the owner but he has legal title as trustee. After the registration, the title will be issued in the name of the trustee but IN TRUST FOR INSCRIBED in the title. Supposing, the owner of the land is an OFW in Bahrain. He left his documents covering an unregistered land for his friend. How may he apply for registration? (Lumabas to sa midterms)

Land Titles and Deeds


By or through an agent or representative appointive by the non-resident. What should be the authority of the agent? What should be stated in the power of attorney? The agent or representative has the authority to RECEIVE the orders or the legal orders and processes in the proceedings. the non-resident shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. The agent must be a resident of resident.. What if the agent dies, what should the non-resident applicant do? If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application. What if the applicant does not substitute, if you are the judge, what will you do? The court may dismiss the application. Sec. 15. Let us say you are now atty. Aumentado, the person qualified to apply for land registration, asking you to undertake for him the application for registration, what will you do? File the application in court. (but before you do that, let the client sign the retainer agreement) Fill in the blanks, Sec. 15. At wag sasabihin sa cliente na kokopyahin mo lang yung Sec. 15. What is the form of the petition? There are three requirements as to form. Sec. 15. Let us say you are now atty. Aumentado, the person qualified to apply for land registration, asking you to undertake for him the application for registration, what will you do? a. It must be in writing b. signed by the applicant or the person duly authorized in his behalf c. and sworn to before any officer authorized to administer oaths; notarized What should be alleged in the petition or application for OLR? a. Technical description b. Citizenship of applicant c. Residence d. Civil status e. In relation to Sec. 23 regarding the notice of initial hearing, OCCUPANTS AND ADJOINING LAND OWNERS. It is important that there names and addresses must be named in the application. Take note: there must be allegation that a search was made to find them, if they cannot be found f. Nature of property; conjugal, absolute etc. Sec. 17, after preparation, file the application in Court in city or province where the land is situated. Or to the court having territorial jurisdiction over the land. What should be attached? a. All muniments (documents) of title. b. The Survey plan; furnish copy the Director of the land management bureau. if the petition is not served with the director, what will happen? IT will not be accepted by the clerk of court. Pauuwiin ka ng clerk of court. Proof that it was served must also be attached. copy furnished: director Of land registration bureau. Then bayad ka ng filing fee. c. Technical description of the land d. Do you know what a tracing cloth is? It is made of diaso polyester film or sepya. Ung sa picture, ung glossy.

10 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Is this a requirement in land registration? Yes. What kind? It is a mandatory and jurisdictional requirement. In the case of Dir. of Lands v. Isabel Tesalona. The original tracing cloth plan must be part of the records. If not submitted, the court did not acquire jurisdiction. Given the mandatory character of the requirement for the submission of the original tracing cloth plan of the land applied for, said requirement cannot be waived either expressly or impliedly. Besides Rule 143 of the Rules of Court, clearly provides that the ruled do not apply to land registration, cadastral etc. in the case at bench, there is no reason to apply the exception. In other words, you have to comply. But this ruling was relaxed in in Sps. Philip Recto etc. v. Republic GR 160421 10/4/2004. But it does not mean that you do not have to submit the original tracing cloth plan, you still have to submit it to the LRA. It need not form part of the record of the court, what may be submit is the BLUE PRINT COPY to the court (certified by the LRA that the latter has the original of the tracing cloth plan). Without that, the court does not acquire jurisdiction of the land. If asked in the bar, is original tracing cloth plan required? Yes and it is a jurisdictional requirement. But it does not need to form part of the record, provided that certified true copy of the blue print and technical description is submitted, together with the certification of the LRA that it has the original tracing cloth plan. That is the substantial compliance with the jurisdictional requirement. What is the rule if the application covers 2 or more parcels of land? Requirements: (Sec. 18) An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. 2ND PART OF STEP 2 INSIDE THE COURT AMENDMENTS APPLICATION IS ALREADY FILED. What may be done with the petition prior to the issuance of the order of the court concerning the notice of initial hearing. Allegations in the petition are changed is called amendment. 2 kinds of amendments; subject to court discretion upon just and reasonable terms a. Substantial (Sec. 19) - 3 types i. Increase in the area of the property or land ii. to include additional land of the applicant for registration. iii. ***bar to! Substantial change in the boundaries b. Formal (this refer to the parties) includes joinder (dagdag ng parties), discontinuance (delete from petition some of the parties), substitution. Why is it that a substantial change in the boundary of the property subject of the application is considered substantial amendment? Because the effect is that there is an expansion in the area and the adjoining land owners will be affected. If these are the types of amendments are made and the notice of the initial hearing has already been made, what should be done? Republication of the notice of initial hearing including this time the additional land. If not, the court will not acquire jurisdiction over the additional area. Therefore, the proceeding and the judgment regarding the additional area are NULL AND VOID. But with respect to the land subject of the publication of the notice of initial hearing. Purpose of notice of initial hearing: First, to inform the public and interested parties of the land subject of the application. Etc

11 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Suppose the publication is to decrease the area, is there a need of republication? No. Benin v. Tuazon 57 SCRA The purpose of the republication is to give notice to all persons concerned regarding the amended petition. Without a new publication, the land 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. The reason is because without a new publication the law is infringed with respect to the publicity that is required in registration proceeding and third parties who have not had the opportunities to present their claim might be prejudiced in their rights because of failure of notice. The court acquires jurisdiction over the defendant, through service of summons. In land registration proceedings, it is by publication of the notice of initial hearing. The form is provided under Sec. 23. Notice of Initial hearing - This is a jurisdictional requirement. July 16, 2010 After filing of petition for land registration, next stage: - court will issue an order setting the date of initial hearing - court will also order the Administrator of LRA to serve the notice of initial hearing prepared by the Administrator of LRA Date of Initial Hearing - not earlier than 45 days or later than 90 days from date of the court order - Republic v. San Lorenzo Development date of initial hearing was set beyond the 90 day period; issue: did the court acquire jurisdiction over the case since the date of initial hearing was beyond the required period; held: court did not lose jurisdiction because it is not the fault of the party if the date of the initial hearing was set beyond the prescribed period (90 days); no fault is attributable to the party if the trial court errs on matters within its sole power. It is unfair to punish an applicant for an act on which the applicant has neither responsibility nor control especially if the applicant has complied with all the requirements of the law. Why Notice of Initial Hearing is Required? - Due process clause of the constitution, specifically procedural due process - Requisites of procedural due process: 1. Notice 2. Opportunity to be heard What kind of proceeding is Land Registration proceeding? - In rem meaning directed against the whole world Who should be given notice? - Certain persons must be named and their addresses must be alleged in the application 1. Adjoining land owners 2. Occupants of the land, if any 3. To all whom it may concern appears in the notice because it is a proceeding in rem and under second par of sec. 23 the public shall be given notice of the initial hearing - Certain government officials How is notice given? - 3 modes: 1. Publication 2. Mailing 3. Posting

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In an ordinary civil case, there is a plaintiff and a defendant. In ordinary land registration proceeding: - In re: application of petition for registration of a particular land. Mr. XYZ, petitioner - No party defendant because it is a proceeding in rem Publication - Ordinary civil action, for the court to acquire jurisdiction of the defendant, the defendant must be served with summons with the complaint because if not, no court jurisdiction over the defendant. In the land registration case, court acquires jurisdiction through the publication of notice of initial hearing done ONCE in the Official Gazette and in the newspaper of general circulation in the Philippines - Proviso: publication in the OG sufficient to confer jurisdiction upon the court Dir. Of Lands v. CA Does the court acquire jurisdiction if published in the OG but not in the newspaper of gen circulation? NO; requirement of publication once in the OG AND once in the general circulation is mandatory and concurrent, otherwise, court did not acquire jurisdiction over the case; shall denotes an imperative requirement thus mandatory in character; Why publish in both? 1. OG is not as widely read as newspaper of general circulation 2. publication of OG is often delayed and notice does not reach the interested parties on time 3. publication in the newspaper of gen circulation is required bec of the requirement of due process of law Republic v. CA (example dates only) initial hearing sched: june 20,2010; OG issue of June 2010 contains the notice but was released only on July 2, 2010. Did the court of jurisdiction? NO. Notice must be received/published/served before the hearing. Publication must precede date of initial hearing. Point of reference: date of release of the OG; late publication defeated the purpose of its existence therefore reducing it to a mere pro forma notice. By reason of the defective publication, all the proceedings conducted in the trial court and the decision are declared void and it is error of the CA for sustaining the same; jurisdictional defect - Purposes of publication: 1. For the court to acquire jurisdiction 2. To notify the whole world - Proved by the Affidavit of Publication of Publisher and the copy of the OG and newspaper Mailing - Notice served by registered mail with registry return card/registry return receipt Posting - Proved by the Certificate of Posting - Lack of mailing of personal notice/posting does not invalidate the proceedings in terms of jurisdiction provided that the notice is duly published in the OG and newspaper Form of Notice of Initial Hearing - under Sec. 23 - first part: addressee and the phase to all whom it may concern - second part: name of the applicant and the nature of the proceeding three kinds of land registration proceeding: 1. cadastral 2. ordinary/voluntary land registration (sec. 14) 3. judicial confirmation of title - technical description of the land since the proceeding is a proceeding in rem and the 13 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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court must have jurisdiction over the property of the land that is why if there is any amendment, you have to re-publish the notice of initial hearing so the court may acquire jurisdiction over the increase in the area of the land or there is additional land next paragraph: date, hour and court of the initial hearing requirement of appearance and filing of answer/claims with evidence to support such claims warning of the court: if the party does not appear and file answer to the petition he will be covered by the default order and all of us who do not appear and file answer/opposition is declared in default notice also provides that once declared in default, you will be forever be barred from contesting said application who signs to attest the notice? Administrator of LRA oppositor (affirmative relief) 3. All the objections to the application Order of Default - No person appears to file answer: the court will issue an order of general default - Some person appeared but has not yet filed their answer so they ask the court for additional time to file. However they failed to file the answer within the additional time given to them, the court will issue a special default directed against the persons who appeared but failed to file their answer - Effect upon the applicant: applicant ask the court that he be allowed to present evidence ex parte - Effect upon third persons who did not appear: no legal standing, no right to participate and present evidence - If there is order of default, is it a guarantee of a favorable judgment? NO because it is possible that the petition failed to present sufficient evidence to establish his ownership Remedies of the Party covered by the Default Order (Martinez v. Republic) - Depends on the stage 1. Before judgment: motion under oath to set aside the order of the court Grounds: Fraud Accident Mistake Excusable Negligence That the oppositor has a meritorious defense 2. After judgment: a. Motion for new trial b. Appeal (Rule 41) Where to appeal? CA because of the 14 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

Filing of Answer/Opposition to the Application of Petition for Land Registration. who may file? Any person must claim right or interest (short of ownership) ie lessee, mortgagee - form: 1. signed 2. sworn to by the oppositor - person with interest must appear on the date of the initial hearing to inform the court has an interest/claim and if he has not yet filed an answer, he can ask the court to give additional time to file the answer/opposition what should be alleged? 1. Interest 2. Remedy desired Prayer to the court: a. dismiss the application (negative relief) b. declare the oppositor as the owner and therefore that the land be registered in the name of the

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delegated jurisdiction of the inferior court concurrent with the RT C When may be availed of? 15 days from receipt of judgment by the party Petition for Relief from Judgment (Rule 38) Ground: FAME Petition for Reopen the Decree of Registration (Sec 32 PD 1529) Action for Reconveyance Action for Damages against perpetrator of the fraud Claim against the assurance fund Action to nullify the title of the registered owner 4. Modify recommendation/report the

c.

d.

e. f.

g. h.

Hearing - Presentation of evidence - Governed primarily by the provisions of PD 1529 and secondarily by the Rules of Court by analogy and whenever practicable and convenient Whom to present evidence? Referee branch Clerk of Court; aka Commissioner - Referee 1. receives the evidence 2. submit a report on the evidence presented 3. recommendation What Court may do? 1. Accepts the report and use it as basis of the judgement 2. set aside the recommendation 3. remand for further proceedings/presentation of evidence

Matters to be established/proven 1. Issue of ownership 2. Possession and occupation of the land (OCENO) 3. Identity and description of the land 4. Land is alienable and disposable of the public domain otherwise court has no jurisdiction 5. Applicant has acquired the land through any of the modes of acquiring ownership Pieces of evidence presented 1. Testimonial evidence for character and nature of possession/occupation 2. Documentary evidence Land is Alienable and Disposable a. Presidential proclamations b. EOs c. Certification issued by the Bureau of Forestry/LMB d. Laws, statutes Identity and description of the Land a. Survey plan b. Technical description c. Tracing cloth d. Tax declaration Republic v. Sta. Ana Burgos Tax declaration/real estate tax payments/real estate tax receipts are not conclusive evidence of ownership nevertheless they are good indicia of possession in the concept of owner for no one in his right mind will be paying taxes of a property that is not in his actual or at least constructive possession. But when coupled with possession and occupation OCENO, it is given great weight by the court; 3. Real/object evidence (ocular inspection)

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Motion to Dismiss in a Land Registration Proceeding - Rule 16 Revised Rules of Court: ground is lack of jurisdiction (ie land is a timber/forest land) - OSG may file motion to dismiss May court dismiss the case on its own? YES ground? Failure to prosecute Dismissal with prejudice order already final and executor: dismissal similar to a judgment; applicable: conclusiveness of judgment or principle of res judicata; effect: party can no longer re-file the case because the dismissal is with prejudice, barred by the principle of res judicata; but If order not yet final and executory, party may file motion for reconsideration. If court grants MR, case is reinstated. Dismissal without prejudice order already final and executory: party may re-file the case but republication of notice of initial hearing is required; publication of new notice of initial hearing is a mandatory and jurisdictional requirement Is the decree of registration the same as the judgment rendered by the court? No. But it is based on the judgment of the court What is the form of the decree of registration under Sec. 31? Name, hour, minute of the entry Who signs the decree of registration? Administrator What must be stated in decree of registration? The registered owner; civil status; is married, name of the spouse; Sec. 31 Take note that the issuance of the decree of registration is correlated with 2nd paragraph of sec 30. That is the requirement for the adminstrator may issue the decree of registration. What is effect or purpose of decree of registration? 2nd par. of Sec. 31; to bind the land to the torrens system and quiet title to land What is the effect of decree of registration once issued? The decree of registration is conclusive upon and against all person. Why? including the nat;l govt and its branches. Because land registration proceeding is a proceeding in rema and it binds the whole world. Why is it that all persons are bound by the decree of land registration? all persons are included in the description in the phrase, to all whom it may concern

After the judgment has become final and executory, What is the duty of the Court? Issue and oder directing the Administrator of Land Registration Authority to issue the decree of land registration and issue the corresponding certificate of title in favor of the prevailing party. Sec. 13 Who issues the decree of land registration? Administrator of land registration authority When? 2nd par. of Sec. 30 When should the court issue the order directing the administrator to issue the decree of registration and the corresponding certificate of title? When the judgment has become final and executory. mandatory

What is the nature of the function of the administrator in issuing the decree of land regisration? 16 | P a g e

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Ministerial and also part of the judicial process.because the issuance of the decree, he is acting under the order of the court. May the decree of registration be issued before the judgment become final and executory. for example, the court the rendered the judgment ordered which granted the motion of the prevail party, motion for execution pending appeal. should the adminstrator comply with the order? No. he can only issue the decree of registration once become the judgment becomes final and executory. Why? Because it may be set aside on appeal and may adversely affect the stability of the torrens system of registration. because the land is already covered by the torrens system and yet the court has not yet declared the real owner is. This would undermine the torrens system of registration. Rule 39. a judgment that has become final and executory may be executed within five years by merely filing a motion. after the 5 yr period the prevailing party may still enforce the judgment by filing a action to revive the judgment. all in all the prescriptive period of a judgment is 10 years. Supposing the judgment in land registration court is already 15 years old from the time it has become final and executory, may it still be implemented? republic v. delias (LILIAS); the duty of the authority land registration authorty to issue the decree of registration does not prescribe. so when there is already a judgment that is already final and executory, if the administrator has not issued the decree of land registration, he may be compelled to issue the decree. Rule 39 is not applicable to a decree of land registration but it is the provision of PD 1529 under Sec. 34. multiple choice question for the midterms. will cover provisions of law and decisions of the supreme cour. 40 % and 60% hypothetical

So after the administrator issue the decree of registrationa and corresponding certificate of title under sec. 44. what is it the registered owner gets? in other words, what is it that he holds including a purchaser for value? You hold the property free from liens and all encumberances, except those noted in the certificate and any of the following (Statutory Liens; Sec. 44): 1. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record. 2. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the delinquent taxpayer alone. 3. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined. 4. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform. if not noted, it means the property is not subject to such claims, liens and encumbarances. Does the decree of improvements on the land? registration include

17 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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y e s. May the building owner register the building separately from the land? Why? No because the building is merely incidental to the land. It is considered an improvement on the land. it is the land that should be the subject of the land registration proceeding. kaya nga land registration proceeding e, hindi building registration proceeding. Would it be possible that the owner of the building is different from the owner of the land? yes. after the judgment has become final and executory, what is the remedy of the party deprived of the land? 1. relief from judgment under Rule 38, which should be filed within 6 months, on grounded on FAME, provided that the party has meritorious defense 2. if 1 is not available, petition to reopen and review the decree of registration (SEc. 32) on the ground of Actual fraud (extrinsic fraud) When should action be filed? Within 1 year from the entry and issuance of the decree of registration Where should the petition be filed? What court? The RTC or court in the province or city where the land or city (jurisdication over the land It is subject to qualification. No longer available. Provided that innocent purchaser for value will not be prejudiced. It is not exclusive to the buyer; including the innocent lessee, mortgagee or other encumberancer (like attachment creditor) for value. What are the requisites for reopening and review the decree of registration? 1. 2. 3. 4. Petitioner has a real or dominical right He has been deprived of the land Through actual fraud Petition is filed within 1 yr 5. That the property has not been transferred to a bona fide purchaser for value Supposing the registered owner does not file an answer to the petition to reopen and review the decree of registration, may he be declared in default, same as the beginning? No. Because it is still a land registration proceeding and not an ordinary civil action. Should the petition be filed in the same court which rendered the judgment in the land registration court? No. any branch of the RTC. Or if the court is an inferior court, RTC should take cognizance the petition. Supposing the petition is denied. What is the remedy? Where do you go? Appeal to the CA if denied or granted. Case: Heirs of Manuel Roxas. Heirs of Roxas v. CA Manuel and Trinidad Roxas owned a parcel of land in Tagaytay. Sometime in 1990, Trinidad sold the property to a certain Zenaida Melliza who two months later sold the said property to herein respondent Corporation. It appears that the corporation applied for the registration of the said property. It has been found that the Manuel and Trinidad previously applied for registration but no decision has been rendered thereon. The RTC granted the application for registration. Then the RTC issued the Order of Issuance of the Decree after the decision but not before it ordered dismissed the application by Manuel and Trinidad. As a result, the caretaker of the property was being asked to vacate the land. It was at that time Trinidad learned of its sale and the registration of the lots in the name of the respondent corporation. Subsequently, petitioner filed a petition for review before the RTC to set aside the decree or registration 18 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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on the ground of actual fraud by Respondent Corporation. Petitioner claimed that she never sold the subject property to Zenaida Melliza whom she had never met before and that her signature was forged in both the Deed of Sale and the Affidavit of SelfAdjudication. It appears that the president of respondent corporation is her niece, being a daughter of her cousin. It also appears that Manolita used to take care of the registration and insurance of her cars. After trial, the petition for review was dismissed not having satisfied the court of that the signatures were forged. According to the trial court, even if the signatures were forged, it was Zenaida Melliza and not Respondent Corporation who was responsible. On appeal, the CA denied the petition and affirmed the decision of the trial court. In addition, it held that the publication of the initial hearing in the OG is sufficient to confer jurisdiction upon the court. Issue: Whether or not actual fraud was committed and on which case be a ground to reopen the registration case? Held: Yes. Adjudication of land in a registration (or cadastral) case does not become final and incontrovertible until the expiration of one year after the entry of the final decree. Before such time, the decision remains under the control and sound discretion of the court rendering the decree, which court after hearing, may set aside the decision or decree and adjudicate the land to another party. Absence, minority or other disability of any person affected, or any proceeding in court for reversing judgments, are not considered grounds to reopen or revise said decree. However, the right of a person deprived of land or of any estate or interest therein by adjudication or confirmation of title obtained by actual fraud is recognized by law (Section 32 of Presidential Decree No. 1529) as a valid and legal basis for reopening and revising a decree of registration. It is further required that a petition for reopening and review of the decree of registration be filed within one year from the date of entry of said decree, that the petitioner has a real and dominical right and the property has not yet been transferred to an innocent purchaser. Fraud is of two kinds: actual or constructive. Actual or positive fraud proceeds from an intentional deception practiced by means of the misrepresentation or concealment of a material fact. Constructive fraud is construed as a fraud because of its detrimental effect upon public interests and public or private confidence, even though the act is not done or committed with an actual design to commit positive fraud or injury upon other persons. Fraud may also be either extrinsic or intrinsic. Fraud is regarded as intrinsic where the fraudulent acts pertain to an issue involved in the original action, or where the acts constituting the fraud were or could have been litigated therein, and is regarded as extrinsic where it prevents a party from having a trial or from presenting his entire case to the court, or where it operates upon matters pertaining not to the judgment itself but to the manner in which it is procured, so that there is not a fair submission of the controversy. Extrinsic fraud is also actual fraud, but collateral to the transaction sued upon. The distinctions are significant because only actual fraud or extrinsic fraud has been accepted as grounds for a judgment to be annulled or, as in this case, a decree of registration reopened and reviewed. The "fraud" contemplated by the law in this case (Section 32, P.D. No. 1529) is actual and extrinsic, which includes, an intentional omission of fact required by law. For fraud to justify a review of a decree, it must be extrinsic or collateral, and the facts upon which it is based have not been controverted or resolved in the case where the judgment sought to be annulled was 19 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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rendered. Persons who were fraudulently deprived of their opportunity to be heard in the original registration case are entitled to a review of a decree of registration. Failure and intentional omission of the applicants to disclose the fact of actual physical possession by another person constitutes an allegation of actual fraud. Likewise, it is fraud to knowingly omit or conceal a fact, upon which benefit is obtained to the prejudice of a third person. The Court here finds that respondent Maguesun Corporation committed actual fraud in obtaining the decree of registration sought to be reviewed by petitioner. Why? This is so because for unexplained reason there is a discrepancy on the notices in the trial court regarding the names of the claimants and adjoining owners. As per record of the trial court, Roxas was not included in the application while Roxas was included only in the copy submitted to the trial court. For this reason, it is reasonable to assume that the reason is to mislead the court into thinking that "Roxas" was placed in the original application as an adjoining owner, encumbrancer, occupant or claimant, the same application which formed the basis for the Land Registration Authority in sending out notices of initial hearing. What is more, the caretaker resided in the subject property who must be deemed as a claimant also. Respondent corporation is likewise charged with the knowledge of such possession and occupancy, for its President, who signed the Deed of Sale over the property, knew fully well that her grandaunt Trinidad de Leon vda. de Roxas owned the property. It is reasonable to expect her as a buyer to have inspected the property prior to the sale such that the ascertainment of the current possessors or occupants could have been made facilely. Respondent corporation's intentional concealment and representation of petitioner's interest in the subject lots as possessor, occupant and claimant constitutes actual fraud justifying the reopening and review of the decree of registration. Through such misfeasance, the Roxas family was kept ignorant of the registration proceedings involving their property, thus effectively depriving them of their day in court. Disclosure of petitioner's adverse interest, occupation and possession should be made at the appropriate time, i.e., at the time of the application for registration, otherwise, the persons concerned will not be sent notices of the initial hearing and will, therefore, miss the opportunity to present their opposition or claims. Is it sufficient to confer jurisdiction upon a court only when the publication was only made in the OG? NO! While publication of the notice in the Official Gazette is sufficient to confer jurisdiction upon the court, publication in a newspaper of general circulation remains an indispensable procedural requirement. Couched in mandatory terms, it is a component of procedural due process and aimed at giving "as wide publicity as possible" so that all persons having an adverse-interest in the land subject of the registration proceedings may be notified thereof. Although jurisdiction of the court is not affected, the fact that publication was not made in a newspaper of general circulation is material and relevant in assessing the applicant's right or title to the land.

What should be alleged or stated in the application of petition? Names and addresses of the occupants and adjoining land owner. In this case, the roxases were not named. Thus, when nobody filed an answer, the court issued an order of general default, thus it allowed the petitioner to present ex-parte evidence. Petition filed by heirs were similar to annulment of judgment under the Rules of Court. What is actual fraud? Actual or positive fraud proceeds from an intentional deception practiced by means of the misrepresentation or concealment of a material fact. It is extrinsic where it prevents a party from having a trial or from presenting his entire case to the court, or where it operates upon matters pertaining not to the judgment itself but to the manner in which it is procured, so that there is not a fair submission of the 20 | P a g e

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controversy. Extrinsic fraud is also actual fraud, but collateral to the transaction sued upon. IF there is actual fraud, constitutional right is violated? Due process. Procedural Due process. Requisites of Procedural DP Notice and Hearing What is particularly deprived? Right to a hearing. Or the right to participate in a hearing. Thus, by actual fraud (intentional deception) such as concealment or misrepresentation concerning a material fact, the heirs were prevented from participating in the trial in presenting evidence and they were unduly deprived of their land. In the case at bar, the heirs were deprived of notice and right to a hearing. Supposing, after trial, where the petitioner and oppositor presented their evidence, completed, and even submitted their respective memoranda. However, the judgment was rendered in favor of the petitioner in favor of the petitioner because the judge was bribed. Assuming that the judgment has become final and executor and the decree of registration has already been issued. May the losing party file a petition to reopen and review the decree of registration? Yes. Why? Because included in the due process clause, it the right to an impartial tribunal or judge. Actual fraud refers to what? Extrinsic. Why? Because it is committed outside of the trial. Let us say, that the lawyer of the petitioner presented a forged document and the lawyer of the oppositor did not object; hence it was admitted. Judgment was rendered in favor of the petitioner and the decree of registration? May a petition to reopen and review the decree of registration be filed? No. because the fraud is intrinsic for it was committed inside the trial. It is intrinsic where the fraudulent act pertains to an issue in a court. Litigated issue. Supposing the land has already been transferred to a 3rd to person within one year from the issuance of decree of registration, what should you do assuming there is actual fraud? What is your remedy? The person may still avail the petition to reopen and review. But he must include the purchaser in the case. However, what may the purchaser do? He must prove that he is a purchaser for value and in good faith. In which case, the petition to reopen will no longer prosper; in relation to the 5th requisite of the petition for review and reopen. What is the effect of issuance and entry of the decree of registration after one year?

Where should the names and addresses should appear? In the notice of initial hearing. (Sec. 23) The parties whose name were omitted may avail of petition for review and reopen the decree of registration Supposing, the lawyer connived with court personnel so that latter will not send notices to the lawyer of the oppositor. And eventually the final judgment was rendered. May the oppositor file a petition to reopen? Yes. Because they are deprived of their right to notice because the oppositor is already a party to the case. In the case, they were prevented from presenting the entire case to the court.

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The certificate of title has become incontrovertible. Thus, it is indefeasible (one of the purposes of the registration) and imprescriptible title. Under the 2nd par., any person aggrieved may pursue action by action for damages, against the applicant or any other person responsible for the fraud. Mr. Olandesca, one year after the issuance of the decree of registration what again is the effect with respect to certificate of title issued? It shall become incontrovertible. Does the indefeasibility of ther certificate title applicable to a certificate of title issued pursuant to a land patent? Estribillo vs Dar. YES. There is no decree of registration in the issuance of a land patent, so when do you count the one year period before the title becomes incontrovertible? From the issuance of the land patent. The date of the issuance of the patent in an administrative proceeding under CA 141. The issuance of the patent corresponds to the date of the issuance of the decree of registration for the purpose of counting the one year period. After which the title issued, the title of registered owner becomes incontrovertible and indefeasible. Supposing the one year period has expired. May petition to reopen and review be filed? No. Except. When the court that rendered judgment has no JURISDICTION. EXAmple the land is timber land, then it is inalienable. Inalienable, cannot be subject of a registration proceeding. Supposing the court issued an order directing the administrator to issue the decree of registration. But the administrator discovered that there was already a decree of registration recorded or entered in the book. Can the administrator refuse the issuance of the decree? He may refuse because the land is already registered in the name of another. Hence, the court which entered the judgment and order the issuance of the decree has no jurisdiction over the 2nd case. Db? The second decree of registration if issued by the administrator would be null and void for want of jurisdiction. Moreover, the issuance of the 2nd decree of registration would violation the principle on res judicata. Besides, the decree previously issued is already final and title has already become perfect, indefeasible, and incontrovertible. And of course there should an end to litigation. Supposing the prevailing party in the land registration case does not have possession of the land. What is the remedy? He is already declared by the court as the owner and the title has already been issued in name? what will you do if you are the lawyer? A motion to issue the writ of possession. It is a process for the delivery of possession over the land to the successful litigant in order to enforce judgment. Why is the prevailing party entitled to the issuance of the writ of possession? Because the right to possession is inherent in ownership. It is one of the attribute of ownership. Hence, he is entitled to possession. Against whom the writ of possession be effected or implemented? 1. To the occupants as of the time of the commencement of the proceeding until the issuance of the decree 2. Persons who appeared in the proceedings 3. Persons who did not appear but served with summons

Supposing the occupants of the land took possession of the land after the issuance of the decree of 22 | P a g e

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registration? Would that person be covered by the writ of possession? Persons in possession of the land prior to the issuance decree of registration. The cut-off is the issuance and entry of the decree of registration. So when the person, took possession of the property prior to the issuance, then writ of possession would be enforced against him. But if the possession took place after the issuance of the decree of possession, the writ cannot be enforced. What then is the remedy? Ejectment suits and it depends on period of dispossession. If the dispossession is within one year, through violence, force or stealth = Forcible entry. If by tolerance within one year, Unlawful detainer. Both filed In the inferior court. Ejectment suits. If dispossession is after one year, accion publiciana or recovery of possession. Filed in the RTC. transferred to the rightful owner or to one with better right. NHA v. Pascual (nature or essence of reconveyance) What kind of action is reconveyance? Ordinary civil action. So what kind of an action? It is an action in personam or a personal action. The binding effect is only as regards the plaintiff and the defendant, their heir, assigns and successors in interest. How will the ordinary action be read? There is the plaintiff and the defendant. plaintiff v. defendant What is the remedy so that the land will not be transferred to 3rd person who may be an innocent purchaser for value? Filing a petition for the registration or annotation of a notice of LIS PENDENS. It means that the property is subject of a pending case. It would notify the 3rd person of the pending case and they would be bound by judgment rendered in the case. Wala nang bibili nyan unless the buyer would gamble in the outcome of the case. Suppose no notice of lis pendens, but the property is transferred to a 3rd person, will that person be bound? No. What is the condition for an action for reconveyance to prosper (the 5th element)? That the land not be transferred to an innocent purchaser for value. Otherwise, the action will no longer prosper. So where the case for reconveyance be filed? In the RTC which has territorial jurisdiction over the land. May the petition for reconveyance be filed even after one year from the issuance and entry of decree of registration? Yes 23 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

3. After petition to reopen fail; or there is no actual fraud. What is the next remedy? Suppose that the title is still in the name of the person who committed the fraud? Action for reconveyance. What is this remedy and when it is available? When the land is wrongfully registered under the torrens system and for as long as the title stands in the name of the person who cause the real owner to be prejudice or deprived of his right, there is the equitable remedy of reconveyance. So an action for reconveyance is an equitable remedy. What is the nature or essence? Do you still question the decree of registration if you file the action for reconveyance? It accepts that the title is incontrovertible, however, what is sought is the reconveyance that the title and the land be transferred to him. That is what you are asking; to transfer the title to his name. to be

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Who may avail the action for reconveyance? The party deprived of the land is a minor, or absent or under other disability. What are the instances that action of reconveyance be filed? 1. Fraud as a ground for annulment of the contract. Not fraud during the proceeding of the case. It is fraud committed in obtaining the consent of the party to a contract. If that is the basis, then ask for the reconveyance of the party from the person who defrauded you. Example is sale. What is your remedy? Annulment and in addition that the transferred to you; action for reconveyance. 2. Breach of Express Trust when the trustee registers the property in his name without alleging in the application that he is the trustee and it is registered in his name. it may be filed by the trustor and the beneficiary. There is a breach of agreement between the trustor and trustee. Ground, violation of an express trust. Who are the parties in an express trust? Trustor; Trustee and Cestui que Trust. 3. Implied or Constructive Trust there are several articles of the civil code which are the sources of implied. 4. Void Contract IS the defense of prescription of action available in an action for reconveyance? IT depends on the basis for the action of reconveyance. Void contract it will not prescribe Breach on express still not subject to prescription. Provided that the title remains in the name of the trustee. If the property is transferred to a 3rd person who is an innocent for value, then wala na. it will not prosper Fraud will prescribe within four years from the issuance of the title. Because what is involved is registered land and the issuance of the title and registration of the contract will serve as the basis of the knowledge of the fraud committed. Implied it depends. As a general rule, the action prescribes within 10 years from the issuance of the title. Case: Marquez v. CA Felicidad and Rafael Sr. have 12 children. They own a parcel of land (161sqm.). Thirty years after the death of the wife, Rafael S. executed an Affidavit of Adjudication vesting unto himself sole ownership to the property. He then donated it inter vivos to his three children to the exclusion of the others. TCTs were issued to these three children. For about eight (8) years, the three were in actual possession of the land. However, when the excluded children learned about the existence of the TCTs of the three, they immediately demanded since they are also entitled to their respective shares, being children of Rafael Sr. The demand went unheeded. Thus, it compelled the excluded children now joined by Rafael Jr. (one of the three) to file for reconveyance and partition with Damages. They allege that the Affidavit of Adjudication and Deed of Donation inter vivo were fraudulent since the two (two) took advantage of the advanced age of their father in making him execute the said documents. Forthwith, they maintain that an action for reconveyance based on implied or constructive trust prescribes in ten (10) years. The contention of the two (2) is that the excluded children are barred by the statute of limitation since the action impugning the said documents should have been filed within four years. 24 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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The trial court ruled in favor of the excluded. On appeal the CA reversed the decision. Issue: Was there an implied trust? Whether or not the petitioners are barred by the statute of limitations? Held: Yes. Because when Rafael Sr. executed the Affidavit of Adjudication claiming that he is the only sole and surviving heir of her deceased heir is wrong as it is against Art. 887 (NCC), depriving the compulsory heirs of their respective shares. As such, when Rafael Marquez, Sr., for one reason or another, misrepresented in his unilateral affidavit that he was the only heir of his wife when in fact their children were still alive, and managed to secure a transfer of certificate of title under his name, a constructive trust under Article 1456 was established. Constructive trusts are created in equity in order to prevent unjust enrichment. They arise contrary to intention against one who, by fraud, duress or abuse of confidence, obtains or holds the legal right to property which he ought not, in equity and good conscience, to hold. *** The children are the beneficiaries of the estate of their late mother held in trust by their father. *** The children are the beneficiaries of that implied trust. The father holds the property for the benefit of his children who have the right to file an action for reconveyance. So that their in the estate of their late mother be delivered to them. Now, premises established, are petitioner barred by the statue of limitations? No. Under the law, prescription would run from the time of the issuance of the Torrens title over the property and the period is for ten years. The TCT was issued on June 1982 and the action was commenced on May 1991, then it is clear that prescription had not yet barred the action. Now that a constructive trust Rafael Sr. being the trustee of his wifes share was created, may he legally donate it? No. Under Art. 736, Guardian and trustees cannot donate the property entrusted to them. Moreover, nemo dat quod non habet. But may he donate his own? Yes. Because one of the inherent rights of an owner is the right to dispose of his property. Whether this donation inofficious or not is another matter. In the case, why ten years not four? Because this is not fraud as a ground for the annulment of the contract but this is fraud that established implied or constructive trust. According to the SC, since implied or constructive trusts are obligation created by law, then the prescriptive period to enforce the same prescribes in 10 years under the civil code. 10 yrs from the issuance of the torrens title over the property. However there is a qualification in case of Sps. Alfredo v. Borras. The ten year period applies only if there is actual need to reconvey the property as when the plaintiff is not in possession of the property. If the plaintiff remains in possession of the property, the prescriptive period to recover possession does not run against him. In such a case, the action for reconveyance is in the nature of an suit for the quieting title which does not prescribe. Because there is no need for reconveyance for the property ONLY title is transferred. It does not run as long as the plaintiff remains in possession. 46:45mins. Is the action for reconveyance imprescriptible? No. hindi a. It does not run for as long as the plaintiff remains in possession. If he is no longer in possession, will the prescriptive period run?

25 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Yes. Unlike a void contract, it is not imprescriptible. Once a person loses possession on his property then the 10 year period begins to run. Another case of a, an implied trust. Citation. SC ruling. LUMABAS SA MIDTERMS. An illiterate person asked his friend to claim the land for him. Instead the friend registered the land in his name. The SC said, a constructive trust was created in favor of the illiterate. The illiterate was the beneficiary of constructive or implied trust under the civil code. No citation. Daya ni judge. lumabas to sa mid-terms The remedy of the illiterate is to file an action for reconveyance. July 30, 2010 What is the remedy of the registered owner after the issuance of the decree of registration if he is not in actual possession of the property covered by the certificate of title? You are the lawyer of the prevailing party of the case, what action should you take? Writ of possession. It is the process of the court by which the delivery of possession over the land to the successful litigant is made in order to enforce the judgment. What is the basis of the issuance of the writ of possession? So the remedy is to file a motion for the issuance of writ of possession if the prevailing party is not in actual possession of the property because another person is in actual possession of the property. Why is the registered owner entitled to the issuance of the writ of possession? Because he is the registered owner. Because possession is inherent of the right of ownership. It is one of the attributes or rights of owner ship. Against whom the writ of possession be enforced? 26 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013) They are persons who appeared in the proceedings and filed answer; persons served with summons but did not appear and answer; against anyone who unlawfully and adversely occupying the land during the registration proceedings up to the issuance of the decree of registration. IF the occupant possessor, took possession of the property after the issuance of the decree of registration. May the successful litigant or registered owner in this case enforce the writ of possession against the possessor or occupant of the land? No. Because the person took possession of the land after the issuance of the decree of registration. So there is a timeline involved in this case. If a third person took possession after the issuance of the decree of registration, such third person is not covered by the writ of possession. Mr. Beley. What would be remedy of the registered owner? Forcible Entry is the manner of dispossession but is not the remedy. That is not the suit which is based upon. So what is that suit? Ejectment suit based on forcible entry or unlawful detainer. So if the basis of the dispossession is FE or UD so there is a period which is one year from dispossession. Must be filed with the MTC, MCTC, MeTC (inferior Courts) So after one year what is the remedy? Action to recover possession of the land a.k.a. accion publiciana, cognizable by the Regional Trial Court. Now, after that period of one year from the issuance of decree of registration, under sec. 32, what happens again to the title and decree of registration issued? It becomes incontrovertible.

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What then is the remedy of the losing party or any person deprived of the land due to registration? When the remedy of petition to reopen or review the decree of registration not available? Action for reconveyance. What is this remedy? When is this available? Supposing there is no actual fraud, the person deprived of the land was a minor, absent or minor. You cannot avail of petition for review to reopen within one year. Basis: When the land is wrongfully registered under the Torrens System and for as long as title to the land stands in the name of person who cause the real owner to be prejudiced or deprived of his right, there is the remedy of reconveyance. This is the meaning of action for reconveyance. What is the nature for the action for reconveyance? What is it that you would ask the court to do if you are the person asking the court? It is one of the more popular remedies. Reconvey means to transfer the land and the title to the rightful owner. This is what you ask the court but the decree of registration is respected as incontrovertible. The essence of action for reconveyance is that the decree of registration is respected or acknowledged as incontrovertible. There is no more question regarding the registration proceedings, regarding the validity of the decree of registration. But as the plaintiff you are asking that the title and the land be transferred to you, the rightful owner. Urbina, So, what is sought is the transfer of the property which has been wrongfully or erroneously registered in another persons name to the rightful owner or to one with a better right to the land. This is the description of the Supreme Court of the Action for reconveyance in the case of NHA v. Pascual. You read that. What kind of reconveyance? an action is the action for No. It is an ordinary civil action. What kind of a proceeding? In personam. What is the caption of the case in ordinary Civil Action? (Joke; Stude A:: there are parties. Judge: theyre enjoying themselves.) There is a plaintiff and the defendant. Who are bound by the case in an action for reconveyance? The parties to the case, their heirs, assigns and successors in interest. So what is the remedy then if the land that is already registered in the name of the defendant has already been transferred or is about to be transferred to a third person who is not a party to the case? In order to bind to third persons is to file a petition for registration of the notice of lis pendens after the filing of the action for reconveyance. Why? Because the action for reconveyance is an action in personam and therefore only the parties in the case are bound and not third parties. Notice of Lis pendens. Meaning the land is the subject of a pending case and therefore if that notice is registered on the certificate of title, then everyone is notified of the pending case. And anyone who deals of the land, will be bound of the case. Anyone who purchases or acquires the property, does so at his own risk. Action for reconveyance may also be asserted in a counterclaim. In other words, it is not only the plaintiff who can ask for the transfer of the title from the defendant to him, but also the defendant in a counterclaim. Parang contra-demanda. From the plaintiff to the defendant. Where should the action be filed?

27 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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In the RTC which has jurisdiction over the land. Or that which is located in the province or city where the land is situated. What is the requirement that the action for reconveyance may no longer be availed of? (Proviso ung hinahanap) Provided that the land is not yet transferred to an innocent purchaser for value. So whether it is a petition to reopen the decree of registration or an action for reconveyance if the land has already been transferred to an innocent purchaser for value, then these actions are no longer available. Aguila, what the bases of action for reconveyance? What are the instances that action of reconveyance be filed? There are four. 1. Fraud as a ground for annulment of the contract. Not fraud during the proceeding of the case. It is fraud committed in obtaining the consent of the party to a contract. If that is the basis, then ask for the reconveyance of the party from the person who defrauded you. Example is sale. What is your remedy? Annulment and in addition that the transferred to you; action for reconveyance. 2. Breach of Express Trust when the trustee registers the property in his name without alleging in the application that he is the trustee and it is registered in his name. it may be filed by the trustor and the beneficiary. There is a breach of agreement between the trustor and trustee. 3. Implied or constructive Trust there are numerous provisions in the civil code which are sources of implied or constructive trust. 4. Void contract Trace of Title Issue #1: Whether or not Spouses Mathay are purchasers for value and good faith because of the mirror doctrine? Their certificate of title was issued earlier than atangan et al. Held: An innocent purchaser for value is one who buys the property of another without notice that some other person has right to or interest in such property and pays a full and fair price for the same at the time of such purchase or before he has notice of the claims or interest of some other person in the property. Whoever asserts that he is an innocent purchaser for value, has the burden of proof to prove that he is a such. The presumption of good is not available. What about the mirror doctrine? However, there are facts and circumstances in this case that could have impelled the sps mathay to inquire or investigate. The adverse party was in actual possession of the property. In real estate business, an ocular inspection is necessary for a cautious and prudent purchaser to take. Since the spouses mathay did not investigate or inquire despite the fact that other persons other than the seller was in possession of the property. Hence, they are negligent and as such they are not a purchaser for value. Was there double sales? Because there are two sellers. Thus, 1544 is inapplicable. Issue #2: Since the spouses mathays title bears an earlier date, therefore they should prevail.

Mathay Episode 28 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Qualification in the case of MWSS v. CA. (the rule in this case, the certificate of title which bears the earlier date prevails) Held: Where two TCTs have been issued on different dates to two different persons over the same parcel of land. Even if both are presumed to be title holders in good faith, it does not necessarily follow that he who holds the earlier title should prevail on the assumption that there was regularity in the registration leading to the eventual issuance of subject certificates of title. The better approach is to trace the original certificates from which the certificates of title in dispute were derived. Should there be only one common OCT, the TCT that issued on an earlier date along the line must prevail absent any anomaly or irregularity tainting the process of registration. The rule is you go to the source of the title, to the derivative title. THIS IS THE KEY, THE DERIVATIVE TITLE. If you trace the origin or the derivative title of the adverse party, you would be able to trace it to battalones and quimio. Issue #3: Whether the sale in favor of Mathay was valid? Held: IF a purchaser in bad faith, he acquires only whatever rights his transferor has. He merely steps into the shoes of the transferor. And what is it that the transferor has in the property in this case? Nothing. THE SPRING CANNOT RISE ABOVE ITS SOURCE. SUPPOSING S sold to B a registered land and B did not know that C had a claim in the property? What is the status of B? B purchaser in good faith. Suppose that D knew that C had a claim to or interest in the land, but despite that knowledge, he purchased the property from B. Who has a better right over the property? May D be considered an innocent purchaser for value despite his knowledge? D acquires the right of B who is an innocent purchaser for value. Thus, he acquired rights of an innocent purchaser for value. Notwithstanding the fact of knowledge of D of Cs claim, D acquired the rights of his transferor. Because his transferor is an innocent purchaser for value. Next meeting chapter. 46 56. Voluntary dealings. Laman ng land titles. Forged deed of sale may be the source of a valid title. Duran v. IAC Edurte v. CA

August 27, 2010 Section 49: Splitting and Consolidation of Title Complex and simple subdivision How to? For consolidation: Submit What are the restrictions under Section 50 (last paragraph) The Administrator may not.(to prevent land grabbing) Section 47: Cannot be acquired by acquisitive prescription. No third person can acquire a registered land by mere possession. Estoppel by laches does not apply. ABSOLUTELY no prescription. Except when in the hands of a holder for value in good faith. (See Heirs of Nieto) Section 48: Collateral attack not allowed- when purpose of the action is not to nullify the registration but nonetheless raises the question of the validity of the registration. Question of registration/title is merely incidental.

29 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Direct attack: When the object of the action is to nullify the registration. (attacked only by fraud, within one year But a counter claim that attacks the validity of the certificate of title is a direct attack. It is separate,distinct and independent from the plaintiffs complaint. Same rule applies to a THIRD PARTY complaint (since similar nature as a counter-claim. (See Sarmiento case.) In an action for recovery of possession and the validity of the title is raised as a defense, it is considered as an indirect/collateral attack against the title. But if the action is to nullify the title, the validity of the title is the very issue of the case, it is a direct attack on the certificate of title. Ina an action to recover possession, if the validity of the certificate is included as a counter claim, such action is considered as a direct attack. What may a person do with his land once it is properly registered? See Section 51- voluntary dealings with registered lands may be entered by the owner. There must be a document to prove the transaction: forms (ex. deed) to evidence the transaction. Ex. Of conveyance- deed of sale: to transfer ownership of the land. He may use such forms as sufficient in law. When is it sufficient? See Section 55 plus must be a public document.- does it becomes registrable. Must be duly acknowledged by a notary public. If the conveyance was not duly registered it is only binding upon the immediate parties, assigns and heirs and successors in interest and third persons who had actual knowledge (bec. Actual knowledge is equivalent to registration because it accomplishes the purpose of registration which is to give notice) of the transaction. But not against the rest of whole world. (unregistered voluntary dealings (Sec. 51) shall operate only as a contact between the parties and as evidence of authority to the Register of Deeds to make registration. What is the action which would bind third persons in a voluntary dealing: Sec. 51: act of registration shall be the operative act to convey or affect the land in so far as third persons are concerned. An in all cases under this Decree, registration shall be made in the office of the Register of Deed for the province . In order to affect third persons therefore the voluntary dealing MUST BE REGISTERED. If not, it will not affect or bind third persons without knowledge of the transaction. What is constructive knowledge: Section 52: notice to all person because there is a permanent record and that permanent record serves as the source of knowledge, open to the public. Everything recorded: all persons are charged with every fact which the record discloses. Everyone is presumed to know because it is already recoded in a public record. The presumption is irrefutable (kaya conclusive) One cannot say that you did not know otherwise. What are recorded and entered in the public records: all the transactions involved in the voluntary dealings. Prob: A parcel of land was sold by S to B, deed of sale was executed. Sale was not registered. The creditor of S filed a case against S and was able to secure a final and executory judgement. Property was levied and execution was annotated in the title. Who has a better right? Creditor has a better title. No constructive notice. As far as he is concerned, the act of registration the act of registration is the OPERATIVE ACT which conveyed or affect the land insofar as 3rd persons are concerned. Exception: Unless the creditor has actual knowledge of the sale between S and B. he would be bound and therefore considered as notified. Because actual knowledge is equivalent to registration. 30 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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How is the principle of constructive notice related to the Mirror doctrine. In constructive notice all persons are charged with the knowledge of whatever is contained in the record. If shown the cert title you have notice of the condition of the title. If there are no liens and encumbrances in the title, no knowledge of those not annotated. Thus can be considered as a buyer in good faith Purpose of constructive notice; protection. What a would be buyer needs to know: 1. If land is registered 2. No adverse claim (by looking at the owners duplicate of certificate of title and the OCT in the Register of DEED to be sure that there are no encumbrances on the land that he would be buying. Request for a certified true copy of the OCT, anyways it is a public document/open to the public.) 3. Ocular inspection of the land to see if there are occupants. So that if ever, he will be considered a buyer in good faith. 4. Ascertain the identity of the person selling the land. If one deals with an imposter sale will be null and void because the party had no right and the real owner did not consent to the sale. (sale was fraudulent through a forged document) Related to section 53 on fraud: Section 56: Primary entry book in which upon payment of the entry fee, the Register of Deed shall 1. Entries should be in the ORDER OF THE RECEPTION of the document. Importance? This preliminary process of registration shall bear the day, hour and minute of reception of all instruments. 2. What is the effect of the receipt and recordings in the primary entry book? Once recorded in the PEB they shall be considered as registered from the time they were noted in the primary entry book. 3. The registration retroacts to the date of the entry in the PEB. When is the registration of the document deemed accomplished? From the time it was entered in the PEB (Sec 56) They shall be regarded as registered from the time it is noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date. Note that there is a lag time between entry in the PEB and the annotation of the certificate of title. Which one to follow: PEB entry. REGISTRATION THUS RETROACTS TO THE PEB ENTRY. When is there constructive notice? STILL FROM THE TIME OF ENTRY IN THE PEB, not the actual annotation. FOR NEXT MEETING: Sept.3 READ THE PROCEDURE ON REGISTRATIN READ UP TO SECTION 70 Bueno, Casares, catle, co, collado, corales, dagalangit, dionio, gayeta, Gonzales Reda; DURAN, EDUARTE: Forged title as source of ownership.

LTD September 3, 2010 What is the importance of the entry in the primary entry book? 1. Determines the priority in right. 2. Determines when the transaction becomes a constructive notice to all persons. Because the entry in the primary entry book is considered as the complete act of registration. What is the basis why the entry in the primary entry book is sufficient to account for registration? Because the law provides that the notation in the primary entry 31 | P a g e

Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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book as registered from the time it is noted. The memorandum shall bear the same date as the date of the primary entry book. It is thus retroactive in effect. The constructive notice is thus, not at the time of the actual annotation of the certificate of title but once the dealing is entered in the entry book. When is the entry in the day book sufficient or complete act of registration? 1) Sec 55 in relation to 112-in a public instrument-notarized-duly acknowledged before a notary public-does a REGISTRABLE DOCUMENT) when in form sufficient in law. 2) Presentation of the owners duplicate of title together with the registrable deed. (Sec 52) What is the significance of the presentation: Proves that the owner gives authority to the Register of Deeds to register the deed. Without it, the register of deeds will not have any title.The presentation of the O.D. is the evidence that the owner is wilfully parting with his property. v. Involuntary dealings 3) Payment of the registration fee Without these three the register of deeds cannot proceed with the registration. What then will the register of deeds do? 1. Entry in the primary entry book. Effect of failure to register the voluntary dealing: It will not bind third persons. SO WHAT? If it is not registered, the owner appears to be the person to whose name the property is registered. Not the person who bought the land in the voluntary dealings. If the registry of deeds has doubts in the registration: 1. Deny registration What is the remedy of the person denied: Also consulta to the LRA under sec. 117 Requisites in order that consulta may be properly elevated to the LRA: a. Petition filed to LRA b. Person should be a party in interest (ex. Contracting filed) c. Within 5 days from the day of receipt of the notice of denial. d. Payment of consulta fee. e. Documents have not yet been withdrawn fro the registry of deeds. IF LRA denies: remedy Appeal from the ruling. Within 15 days from receipt of the notice of the adverse ruling. 2. Elevate the matter by way of consulta to the Land Registration Authority Nature of the function of the Registry of Deeds 1. Ministerial: when the form to be registered complies with the requirements of the law. Does he have authority to determine whether the document is forged. Becasue the determination of the validity involves DISCRETIONARY POWER. That power pertains to the court not the register of deeds. He cannot use the alleged forger in denying. As long as they conform with the 3 REQUIREMENTS above. See sec 55 also for additional requirements especially the CITIZENSHIP because a foreigner is not allowed to own lands in the Phil. If sold to a foreigner, contract is still void ab initio. Can the seller recover the land. No? They are in pari delicto. Foreigner cannot recover the purchase price. But what may the state do? File forfeiture or escheat 32 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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proceedings because the two violated the constitution. When can a foreigner be allowed to own lands in the Phil? a. 1. Hereditary succession. b. Natural born Filipino citizens who lost their citizenship by virtue of purchase/transfer of private land for residential purposes: Urban: 5,000 m2 Rural: 3 hectares Aliens money used to buy land: VALID? Depends If Filipino was used as a dummy (against the Anti-Dummy Law): VOID If given to allow Filipino to acquire land in his/her own name (Fil.)- Valid Stolen deed) VERY IMPORTANT! If title was not entrusted to a forger, the sale will not be valid. 2. The certificate of title was already transferred from the name of the true owner to the forger. (RELATE HERE THE MINISTERIAL FUNCTION OF THE REGISTER OF DEEDS, no discretion to deny registration as long as all the requisites for reg. are met) 3. While it remain that way, the land was transferred to an innocent purchaser for value- no knowledge and participation in the forgery. (who acquired the land from a person who appeared to be the registered owner) APPLY THE MIRROR DOCTRINEprovided that there are no circumstances that would or should alerted the buyer. NOTE: IF NOT YET TRANSFERRED to an innocent purchaser for value, then title remains to the owner. Art. 1874: Sale of land by agent without written authority is NULL AND VOID. In real estate mortgage the agent must have WRITTEN AUTHORITY. REMEMBER: As between two innocent persons (real owner and innocent purchaser from forger) one of whom must suffer the consequences of a breach of trust (which is the entrusting of the owners duplicate certificate of title)one who made it possible by his act of confidence must bear the loss. Next meeting: Involuntary dealings and notice of lis pendens

Why is it that the OWNERS Duplicate of cert of Title a safeguard against fraud? Because the presentation of the duplicate of cert of title is necessary for registration in voluntary transactions. Without it the Register of Deeds has no authority to register. Can fraudulent transaction be avoided? What is the consequence if the registration was procured by fraud: the reg will be null and void : See Sec 53 last par. SEE EXCEPTION ALSO When forgery may be a source of valid title: See cases of: Eduarte v. CA v. IAC . Rule: Nemo dat quod non habet Except: Transferred to an innocent purchaser for value. What are the requisites so that a forged deed maybe the root of a valid title. 1. The registered owner delivers or entrusts the owners duplicate of title to the forger (not ex. and Circe

September 17, 2010 Let me discuss with you the rules on Double Sales of the same property. Of course, the source of the rule is Art. 1544. 2nd paragraph refers to immovable property:

33 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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1. If the same thing should have been sold to different vendees, the ownership shall be transferred first to the person acquiring it who in good faith first recorded it in the Registry of Property or 2. In default thereof, to the person who in good faith was first in possession; or 3. In default thereof, to the person who presents the oldest title, provided there is good faith. Good faith is the common element in these three instances when ownership shall be transferred. What kind of land is covered by Art. 1544 in order to apply the first rule? Does this apply to unregistered land? No. It applies only to registered land, meaning to property covered by Torrens Title. The first vendee is always in good faith. It is the second vendee who either be in good faith or bad faith depending upon whether or not he/she has knowledge of the prior sale. In most cases, the registration of the second sale would defeat of the first vendee if the registration is done in good faith. If the second sale is registered but the vendee has knowledge of the first sale, then the registration is not in good faith. So it does not comply with the requirement that the person registers the second sale in good faith. What is the rule? What principle is applicable? If the second buyer has knowledge of the prior sale or first sale, he cannot be considered in good faith. But in addition to that, actual knowledge of the transaction is equivalent to registration. So as far as the 2nd vendee is concerned, it is as if the first sale is already registered. He is bound under the first sale. What are the instances when Art. 1544 does not apply? 1. When one of the sales is invalid. Example, the document used in conveyance is found to be a forged document, then, only the valid sale that was registered will be recognized. Remember that under Sec. 53 of PD 1529, the subsequent registration of a forged deed is null and void. a. Case: Fudot v. Catleya GR 171008, the SC said the registration contemplated under Art. 1544 was held to refer to registration under PD 1529. The act of registration does not validate the registrants otherwise void contract. Registration is a mere ministerial act but it cannot be used to render valid what is otherwise invalid.

2. When the registration of the sale was done in the book for unregistered land. If the land is already covered by a Torrens title, then the transaction must be registered in the book of registration for registered/titled land. It must not be registered under Sec. 113 of PD 1529. a. Case: Sps. Abrigo v. De vera GR 154409 6/21/2004, in this case, the registration of the second sale was made under Act 3344 but the property is already covered by a Torrens Title, so even if the registration in the book of registration for unregistered land was done ahead of the registration under the Torrens System, the SC said, the registration under the book for registered land should prevail since the property is already covered by a Torrens Title. The registration under Act 3344 is not effective and binding as against the persons dealing with registered land. 3. Sec. 113, for unregistered land: Registration in the book of registration for unregistered land does not afford the registrant an absolute protection inasmuch as by express provision of Sec 113 PD 1529, particularly par (b) last sentence, It shall be understood that any recording made under this section (Sec. 113) shall be without prejudice to a third party with a better right. Under the first 34 | P a g e

Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

Land Titles and Deeds


paragraph, No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid, except as between the parties thereto, unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies. It seems that it is similar to registration of land under the Torrens System of Registration but IT IS NOT. Why? Because under Par. (b) It shall be understood that any recording made under this section shall be without prejudice to a third party with a better right. So in case of an unregistered land, it has already been sold to another but that sale is unregistered under Sec. 113 and the same property is sold but the second sale is registered under Sec. 113. Question: who between the two buyers will have a superior right over the property? Is it the registrant or the first buyer? It is the first buyer because the registration is subject to a prior right. The transfer of the property is subject to a prior right. What is that prior right? The sale to the first buyer. The registration yields to a person who has a prior or better right to the property. SC said, under that situation, the buyer merely steps into the shoes of the seller. What is it that the seller has over the property? Nothing na. There is nothing more that could be transferred. What is the rule on sales? Nemo dat quod non habet. You cannot give what you do not have. Since the seller is no longer the owner, he can no longer transfer ownership even if the buyer under the second sale has registered the property. The same rule applies in case of mortgage. If the property is mortgaged and then sold, who then have the better or superior right? Since it involves an unregistered land, it would be the mortgagee as against the buyer-registrant because of that provision (Sec. 113 (b)). So what is the effect of registration of transaction under Sec. 113, meaning lands that are not covered by Torrens title or unregistered lands? The registration merely has prospective application or effect. So those who would deal with unregistered land would be covered but transaction registered pursuant to Sec. 113 but not those with prior right over the property (they would not be bound). Second, persons with a prior right have a better right or superior right over the registrant. So that is the distinction between a registered and an unregistered land. Because if the property is registered under the Torrens system, so what do you apply? Art. 1544 : if the registrant is in good faith, then he would acquire ownership over the property as against the first buy. But since the property is unregistered, wala! Even if that second sale is registered. The registration would not affect the first buyer with a prior right over the unregistered land. INVOLUNTARY DEALINGS; ATTACHMENT AND OTHER DE A L S INVOLUNTARY DEALINGS refer to transactions where the cooperation of the registered owner is not needed, it may even be against his will. Examples: Exercise by the State or its political subdivisions of the right of Eminent Domain Alienation due to tax delinquency; tax sale Liens or encumberances arising out of judicial actions such as attachment or levy on execution. What is attachement? Attachment is a writ or process issued by the court at the commencement or during the pendency of an 35 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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action. It commands the sheriff of the court to attach the property, rights, credits and effects of the defendant to satisfy the demands of the plaintiff. 3 kinds of attachment a. Preliminary attachment provisional remedy; Rule 57; it is issued at the institution or during the progress of an action but it may be dissolved or discharged at any time. b. Garnishment means or a writ by which the plaintiff seeks to subject the property of the defendant in the hands of a third person to his claim. Let us say that the defendant has deposits of money in the bank. That may be garnished. c. Levy on exectution (actually, this is not an attachment because levy on execution is a process by which the judgment of the court which has become final and executor could now be enforced or implemented). When is attachment issued? Grounds are found in Rule 57, RoC. Generally the ground is fraud. If a party enters into a contract through fraud, there is fraud if in contracting an obligation or in the fulfillment of an obligation, then that is a ground for the application for the issuance of a writ of attachment. Also lets say the defendant absconds (nagtatago na). So what is your remedy in order that you will have the security during the pendency of the case? File a petition or application for the issuance of the writ of attachment with the court, that is preliminary attachment. Requirement before the writ of attachment is issued is that the applicant usually the plaintiff files a bond called the attachment bond and that bond would be approved by the court for the amount fixed by the court. Once approved, then the writ of attachment would be issued and signed by the clerk of court. What is issued by the judge is the order of attachment. These are the documents that need to be presented to the register of deeds in implementing the attachment: a. Order of attachment issued by the judge b. Writ of attachment signed and issued by clerk of court c. Levy on attachment - prepared by the sheriff These are documents presented to the register of deed in order to register the attachments; in order to levy the property. This also applies to unregistered lands. Once the attachment is registered. What is the significance of the attachment? What are the effects? 1. Upon registration, the attaching party in the case creates a lien or encumbrance on the land. Similar to a mortgage. Where mortgage is registered, the mortgage creates a lien on the land. 2. The attached property becomes a security for the judgment that may be rendered in the case. Where in the beginning of the case, the plaintiff has no source of property which he can use to satisfy the award that may be included in the judgment. Because of the attachment he acquires a security for his case for his judgment. That is why kung magaling ka, this is one way of ensuring your attorneys fees. D ba? pag naattach mo na, its like a mortgage. Once you get a favorable judgment and it becomes final and executory. What happens to the attach property?21:31 It will be sold at public auction. Just like a foreclosure of mortgage. There will be an execution sale. The sale would result in the payment of the property. There would be proceeds. Pera. If not, and if your client is 36 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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the sole and only bidder, then your client acquires the property. Eventually he will become the owner of the property. So you will be paid of your attorneys fee. (whats the most important? To get paid of your services. Wag ung lista lang sa tubig. On the other hand, if the plaintiff in a case has no ground to attach the property, but he has already obtained a favorable judgment and it is final and executory. And let us say that the judgment debtor has no money to pay the award provided in the judgment. What is the remedy to enforce the judgment? It is by levy on execution. In a way, it is similar to an attachment. Levy on execution, once made, would subject the property also to a lien or encumberance. For what? In order to satisfy the award in the judgment in favor of the judgment creditor. Pareho lang yan. But if it is an attachment and eventually there is an execution sale, what is the effect of the execution sale? It retroacts to the date of the constitution of the attachment. Of course, the owners duplicate of title is not immediately required for the annotation of the attachment. Illustration: (advanced knowledge segment) Let us say that D, the debtor, of X, Y and Z owns a land covered by a TCT. Because he has not paid or has obligations that remained unpaid. The creditors filed cases against him. In each of the case, the plaintiff creditor secured a writ of attachment. X registered the writ of attachment on Jan. 10, 2000. Y on Feb. 10, 2000. Z levy the property on attachment on March 10, 2000. Among the three, who has superior right? A: Sec. 56. Primus tempore, potior jure. Since X is the first to register or to create a lient, what to you call X? Senior Lien Holder. What about Y and Z? Junior Lien Holders. Let us say that because lawyer is better prepared than the lawyer of X, Y secured a favorable judgment ahead of X. the judgment of Y became final and executory against D. Can Y enforce the judgment against D? Yes. Y could ask the sheriff to sell the property of D at public auction. However, what is it that the buyer at the auction sale in the case between Y and D would get? He would only get whatever rights D and Y has over the property. It would be subject to the lien of X because X is the lien holder. His attachment is superior than Ys and Zs. If you are the lawyer of the person who wants to bid in the sale, you tell him, wala kang makukuha jan. you will just pay. You will just get whatever Y will have against D But it will be subject to the attachment lien of X. What you will have is merely a right to redeem the property. Let us say that X obtains a favorable judgment, what can be done? Take this, Y obtained the favorable judgment and it became final and executor on April 10, 2003. X became final and executory on May 10, 2004. The property is now being sold at public auction, what would be the effect of the auction sale of the property in the case between X and D? Let us say that X becomes the purchaser. What would then happen? The certificate of sale executed in favor X would retroact to the date of the creation or establishment of the attachment lien even if the judgment in favor of Y was rendered earlier and it became final and executor earlier than the judgment obtained by Y. Let us say that the property is worth P20M. the judgment in favor of X is P8M, Y P5M, Z P3M. Since X is the senior lien holder, all he need to bid is his 37 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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judgment credit. Of course he will not pay, P20M because he will have to pay the balance of P12M. Tip: in an auction sale (whether execution or foreclosure sale), the rule of thumb is to tell your client to bid either the value of the property or the total obligation whichever is lower because if you bid P20M and the amount of the credit is P8M, your client will have to pay P12M. In case of X, just bid P8M. If nobody exercises the right of redemption after the lapse of 1 year, X becomes the registered owner. He acquired it for P8M. Let us say that after the sale in favor X, D, Y and Z learned about it. What can D, Y and Z do? They can exercise their right of redemption. How is it done? Redemptioner will pay the purchase price, plus interest and expenses. i.e. P8M ++ (total P9M) Y acquires by redemption the property for P9M and he adds his credit of P5M. if you are the lawyer of Y, will you advise him to redeem the property? Yes! Because if you add, P9M + P5M it is only P14M. But if you are the lawyer of D, will you tell him to redeem the property? No. because Y still has a lien of the property. Let other junior creditors redeem it first. Z has the right of redemption also and he exercises his right of redemption. How much is the redemption price? P14M ++ (15M) adding his credit of P3M = 18M (P2M profit) Combination of foreclosure and attachement/levy on execution is possible. The last to redeem is D. he pays the redemption price of P18M ++ (P19M). otherwise, D can also sell his right of redemption say P500k, may kita pa. if someone buys that, P19M + P500k = P19.5M (P500k ganancia). This is how in practical terms the application of levies, attachments, etc. are applied. It depends of course on the determination of who registers the attachment or the levy on execution ahead of the others because of the principle Primus tempore, potior jure. That is why its very important to register ahead. When is the registration considered accomplished or complete? Sec. 56 Entry in the primary entry book. Because in involuntary transactions, the owners duplicate certificate is not required to be presented, unlike in voluntary transactions. Apply, Secs. 51, 52, in relation to Sec. 56; the act of registration is the operative act, and the constructive notice to all persons. How do you determine who would have a better right or superior right? Primus tempore, potior jure. Basis Sec. 56. Why, how is registration accomplished? According to the order of reception of documents. That is why in the beginning, one of the purposes of registration is, it establishes priority in rights. Take note: The auction sale of the property that is attached. The effect of the auction sale is that it retroacts to the date of the attachment. Why? Because even if the sale is done later, the auction sale is just a necessary sequel to the case. Parang ung eclipse mula sa twilight. The sale is sequel to the attachment. It retroacts. That is why X, if nobody redeems the property, Y and Zs rights are wiped out. Once X becomes the absolute owner of the property, What happens to the liens and encumberances? 38 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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They will be wiped out. X will get a clean title because of his priority in rights, his preference in rights. Rule 13, in Roc. Eto ung iddiscuss. Another point Supposing, S is the owner of a property covered by Torrens title and he sells the property to B for P10M but the sale was not registered. But C, creditor of S, filed a case and was able to secure an attachment and was able to register the levy on attachment and writ of attachment. Who was then has a better title? C. similar to the application of the principle in double sale. But what provision of law is applied? Sec. 51, registration is the operative act that binds and conveys the land insofar as third parties are concerned, presupposing that creditor has no knowledge of the previous transaction. If c had knowledge prior to the registration, would he acquire a superior right against b? No. he would not be considered an innocent purchaser for value. Why? Sec. 32, the word purchaser includes mortgagee, lessee, and encumbrancer for value. This is applicable in the concept of an innocent purchaser for value. Supposing, it was the lawyer of C who had knowledge of the mortgage executed by S in favor of B. Would C be bound by the knowledge of the lawyer, and therefore he would not be considered a registrant in good faith? No. knowledge must be personal knowledge. If the knowledge of the lawyer is not imputed to his client, then the buyer will not be bound. Registration is, Sec. 52, constructive notice. What may be attached? The real property (ownership: registered land), real rights over the property. May a mortgage right be attached? Let us say B is the mortgagee and if he has a creditor of his own, X, may X attach the REM? Yes. Because it is a real right, a transmissible right. Therefore, may be subject to attachment. REM may also be subject to a mortgage kaya lang you only acquire for whatever is transferred to you as a mortagagee.t Is redemption right subject of attachment? Yes. What about usufruct? Yes. But rights of a third persons cannot be attached. The court cannot declare the property of a third person other than the defendant to be attached because the third person is not a party to the case. What about the family home? No. because of FC. Except for debts, enumerated under article 155; prior debts of both spouses, mortgage constituted on the family home. How much is the value that is exempt from attachment or levy on execution. P300 in urban areas. P200k in rural areas. Under Art. 160 FC, when the value of the improvement exceeds the amount of the exemption. Let us the value of the h&l f P500k, pwede un kasi may excess. The bid price should not be lower than P300k or P200k as the case may be. And the proceeds shall be given only to the owner of the family home and his beneficiaries. If a plaintiff in the case has no ground to secure a writ of attachment, he will just have to secure a favorable judgment as soon as possible. And as soon as the judgment has become final and executor, in order to enforce the judgment he must ask the court for the 39 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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issuance of a writ of execution. The writ of execution would be the basis of the sheriff in levying the property. Levy is the term used in creating the lien on the property. In effect, it is the process by which the property is either attached or levied upon on execution. If its by virtue of an attachment, it is called a levy on attachment. If it is by virtue of an execution of judgement, it is called levy on execution. Tinatatak sa likod ng titulo yan. You will see at the back of the certificate of title attachment or levy on execution just like a mortgage. Follow the determination when the lien attached to the property based on the principle, Primus tempore, potior, jure. TAX SALE IF A PROPERTY owner fails to pay the real estate tax, what is the remedy of the government? Levy on the property. (hindi kagaya ng judgment yan) The government just has to register the levy of the State or the government on the property of a delinquent tax payer. Then the government may sell the property at public auction, a.k.a. tax sale. Thats what you see in the newspapers, when you see delinquent tax payer. Notice that it would be sold. In case of attachment or execution, this culminates in the execution sale. The execution sale requires that the sheriff prepare a notice of sale and that notice be duly published in a newspaper of general circulation. THIS IS A JURISDICTIONAL REQUIREMENT. If not published, the sale is void. The same requirement is true in relation to foreclosure sale; mortgage. This is required so that the property may get the best price, so that more creditors of the debtor may be paid. But in case of tax sale, publication of the notice of sale is not sufficient. The delinquent tax payer must be served with notice PERSONALLY of the notice of sale. If not, the sale is void. Because according to SC, personal service of the notice of sale complies with the requirement of due process of law. Remember that real estate of tax, mababa lang yan. It is based on the assessed value of the property. Let us say that the market value is P2M and the assessed value is P200k. and what is the rate of real estate tax, 2-3%. Let us say that the property owner fails to pay for 10 years. Magkano lang yun, only 30k for property that is worth P2M. if the sale is effected and you bid for P50k but you get a property worth P2M, mababa lang yan e. kaya strikto ang supreme court and also the law, kaya ung notice must be personal upon the delinquent tax payer. There is no presumption of regularity in the performance of official functions. Due process must be established by evidence. It must be established that the notice of sale was personally served upon the delinquent tax payer including the junior lien holders. Otherwise, they will not be affected of the sale. What is the purpose of this requirement that the tax sale must strictly with the law? In order to protect said tax payer and prevent collusion between the buyer and the public servant called upon to enforce the law. Dahil nga sa sobrang mura. If there is connivance, you will lose your property for a small sum of money. And there is a right of redemption from the registration of the certificate of sale just like any other sale on execution . Sheriff yung gumagawa ng registration. Why? Or Why not the date of the certificate of sale, e dun nman ngbayad un a? Sec.51, registration is the operative act. What is the effect if the certificate of sale is not registered? It prevents the purchaser from acquiring absolute ownership over the property because the period to redeem does not run until the sale is actually registered. This prevents now the connivance between the purchaser and the public servant. SC said, the one

40 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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year redemption period is counted from the registration of the certificate of sale. Charter of Manila Case in relation to land registration law. According to the charter: The right to redeem property sold at tax sale, should start from the date of sale. SC held: the phrase should be interpreted as referring to the date the sale is registered. So tapos. After the lapse of the redemption period, what happens to the title? The new title would be issued to the purchaser at the auction sale. So there is the right of redemption whether it is by virtue of an execution sale or foreclosure sale and also tax sale. You will take that up in credit transactions. Who may redeem the property? The judgment debtor, the successors in interest of the judgment debtor, wife, the children (even if they have only a contingent or inchoate on the property, the law recognizes their right to redeem property) and creditors having a subordinate lien (X Y Z case above). In practical terms, if you are junior lien holder, what do you have over the property? Only the right of redemption. Redeem mo lang, if you want to graduate from a junior lienholder to a senior lien holder. Bayaran mo muna ung nauna sayo. When will you do that? If the property has a residual value. What is the remedy if after the purchaser at the auction sale becomes the absolute owner of the property? Will he be issued a certificate of title? All he needs to do is to execute an affidavit of consolidation. But the title will not be issued to you. What will you do? It depends. Sec. 75 in relation to Sec. 107. First, by mere motion. In other words, you dont have to file another case, you file the motion in the same case where you obtained a favorable judgment in the same court which rendered the judgment. When is it available? It is available where the real property is intimately connected with the subject matter of the principal action. Let us say that the action is for specific performance involving a property filed by the buyer against the seller. Is the real property intimately connected to the principal action? Yes. In that case, if the seller does not surrender the owners duplicate certificate of title by virtue of a judgment, what is the remedy of the buyer? Just file a motion. Ligon v. Court appeals 107751 June 1, 1995. Igleis ni Kristo entered into a contract of Sale with the Islamic Directorate of the Phils. In the said contract, IDP undertook to evict the squatters and illegal occupants with 45 days from the execution of the contract. IT failed however. It argued that it is because INK failed to pay on time. Thus it is entitled to rescission of the contract. INK filed for specific performance. A partial judgment was later granted in favor of INK. Later, INK filed a motion in the same case praying that petitioner Ligon, who was in possession the certificates of title over the properties as mortgagee of IDP, be directed to surrender the certificates to the Register of Deeds for the registration of the Absolute Deed of Sale in its name. INK alleged that the document could not be registered because of the refusal and/or failure of petitioner to deliver the certificates of title despite repeated requests. Issue: Whether or not Petitioner as mortgagee is justified in refusing to surrender the duplicate certificate of title? 41 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Held: No. Hence, the order of the trial court directing the surrender of the certificates to the Register of Deeds in order that the deed of sale in favor of INK can be registered, cannot in any way prejudice her rights and interests as a mortgagee of the lots. 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. This is true even in the case of a real estate mortgage because pursuant to Art. 2126 of the Civil Code it directly and immediately subjects the property upon which it is imposed, whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted. It is inseparable from the property mortgaged as it is a right in rem - a lien on the property whoever its owner may be. It subsists notwithstanding a change in ownership; in short, the personality of the owner is disregarded. Thus, all subsequent purchasers must respect the mortgage whether the transfer to them be with or without the consent of the mortgagee, for such mortgage until discharged follows the property.9 It is clear therefore that the surrender by petitioner of the certificates of title to the Register of Deeds as ordered by the trial court will not create any substantial injustice to her. To grant the petition and compel INK to file a new action in order to obtain the same reliefs it asked in the motion before the trial court is to encourage litigations where no substantial rights are prejudiced. This end should be avoided. Courts should not be so strict about procedural lapses that do not really impair the proper administration of justice. The rules are intended to insure the orderly conduct of litigations because of the higher objective they seek, which is, to protect the parties' substantive rights Supposing the real property is not intimately connected with the subject matter of the action. When is this? When the property is acquired through attachment or execution sale. Example, the case is an action for damages and the award in favor of the plaintiff is P1M. So how do you satisfy the P1M. If you are able to get an attachment, and based on the attachment , the property will later on be sold on public auction in an execution sale. Supposing, the defendant refuses to surrender the title will the register of deeds issue a certificate of title as a purchaser? No. even if it were an involuntary transaction. So what is your remedy? Can you not file a mere motion in the same case where the property was attached or levied upon on execution? No. The remedy is under Sec. 107 which to file for a petition to surrender of the withheld duplicate certificates. Padilla, Jr. v. Philippine Producers cited in Archenet Intl Inc. v. Becko Phil. Inc, GR 183753 June 19, 2009. SC held: In Padilla Case, we categorically declared that in implementing the involuntary transfer of title of real property levied and sold on execution, it is not enough for the executing party to file a motion with the court which rendered the judgment. The proper course of action is to file a petition in court (bayad ulit, new case; motion walang bayad) under Sec. 107 rather than merely move. Take not of this case. REGISTRATION OF LIS PENDENS Lis pendens the property is subject of litigation. It is a pending suit or litigation. It indicates the control which the court has during the pendency of the case over the property involved in the case. Notice of lis pendens may be availed only in specific cases mentioned in Sec. 76 and Rule 13, Sec. 14 under the RoC. This is a very effective remedy. For example, you filed a case involving land, an unregistered sale, the registered owner refuses to surrender the title, so you file a case. Is your sale binding upon third person? 42 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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No. you cannot register because (Sec. 53) you cannot present the owners duplicate certificate of title since the transaction was a voluntary one. Thus you file for specific performance. Are third persons bound already by filing the case? No. What then is your remedy to bind third persons? You register the notice of lis pendens. Because of Sec. 51, registration is the operative act. Lis pendens should be differentiated from litis pendencia. Litis pendencia means the pendency of another case involving the same property, the same parties and the same issues. The rule is you can only file one. The filing of the first case is a bar to another case. Litis pendencia is a ground for a motion to dismiss. Yared v. Ylarde 337 SCRA 53 Notice of Lis Pendens is an announcement to the whole world that a particular real property is in litigation and serves as a warning that one who acquires an interest in said property does so at his own risk or that he gambles on the result of the litigation over said property. It is an announcement and serves as a warning. When may a notice of lis pendens be registered? The actions are the following: 1. action to recover possession of real estate, 2. or to quiet title thereto, 3. or to remove clouds upon the title thereof, 4. or for partition, 5. or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon Sec. 14, Rule 13 see. 43 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013) When is the notice of lis pendens effective? Only upon registration, which means, from completion or accomplishment of the registration which is from the entry in the primary entry book. May the property be sold while the property is in litigation? Yes. If there is nothing in the title that shows that it is the subject of litigation, you apply the mirror doctrine that you can rely on the certificate of title. Will you be considered a purchaser in good faith? Yes. Because there is nothing that appears in the certificate of title that would bind you. If the notice of lis pendens is registered, then persons dealing with that registered land containing of the notice of lis pendens, would be subject to the final outcome of the case. If you are the lawyer of a prospective buyer, would you advice him to buy the land? IT depends on whether or not the registered owner would win the case. Makikita mo nman kung mananalo e. YOU KNOW THE LAW. Pag-aralan mo muna. Tingnan kung mananalo ung case. Acceptance fee muna. The basis of contingent fee: if for defendant, on what the client will save. Dapat may pirma lagi. Wag kukuha ng cliente na estafador. Kaya nga nademanda ng estafa yan e. tingin mo, babayaran ka? Kung gusto mo pa rin, lakihan mo yung acceptance fee. Ganito nalang, nasayo pa ba ung naswindle mo? Hati tayo. di mo nman sya niloloko e, kasi magtatrabaho ka. Kokonti lang nagpapractice. Kaya magpractice kayo. Sec. 78 ++ something procedures lang yan. Documents na ipipresent. Sept. 24, 2010 Explain notice lis pendens

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What the effect of the registration of the attachment of registered land? 3. Upon registration, the attaching party in the case creates a lien or encumbrance on the land. Similar to a mortgage. Where mortgage is registered, the mortgage creates a lien on the land. 4. The attached property becomes a security for the judgment that may be rendered in the case. Where in the beginning of the case, the plaintiff has no source of property which he can use to satisfy the award that may be included in the judgment. Because of the attachment he acquires a security for his case for his judgment. That is why kung magaling ka, this is one way of ensuring your attorneys fees. D ba? pag naattach mo na, its like a mortgage. What is the applicable in case of failure to register the tax sale? It prevents the purchaser from acquiring absolute ownership over the property because the period to redeem does not run until the sale is actually registered. This prevents now the connivance between the purchaser and the public servant. SC said, the one year redemption period is counted from the registration of the certificate of sale. Cancellation of Notice of Lis Pendens (Sec. 77) 1. When the registered upon the verified petition of the person who caused the notice to be registered cancels the notice. If it is the plaintiff himself who causes the registration of the notice of lis pendens, then upon his initiative the register of deeds may cancel the notice of lis pendens. 2. By court order based on two grounds which must be proved in the hearing on the motion: a. If the purpose of the notice of lis pendens is merely molesting the adverse party b. It is not necessary to protect the rights of the party who caused it to be recorded. If the grounds are not proven, the notice will not be cancelled. The order, on the other hand, directing the cancellation of the notice of lis pendens without proper hearing will be set aside, or the order directing the cancellation based on the judgment which is not final and executory, or order may still be set aside by the appellate court. Although the cancellation is improper, then the land is transferred to an innocent purchaser for value, another of lis pendens cannot anymore be annotated on the title. Why? Because of the mirror doctrine. Upon the cancellation of the notice of lis pendens, the person dealing with the registered property can rely only on the certificate of title. Since the notice of lis pendens is cancelled, he can assume that the plaintiff lost the case. Therefore, he can already be considered an innocent purchaser for value. 3. Upon final judgment adverse to the plaintiff and in favor the defendant. It terminates the right of the plaintiff to the land, subject matter of the action. How is it cancelled? If there is already a final and executory judgment, the clerk of court will issue a certificate. Meaning the entry of judgment together with certified true copy of the judgment. Assurance Fund (Sec. 93) A fund for the compensation of persons who may be injured by the divesting and cutting off of rights and interest under the property registration decree. This fund is for the purpose of paying persons who may be damaged by the registration of the land. For every transaction one fourth of one percent of the assessed value of the land is the fee charged for every transact (issuance of OCT, TCT, and all registration transactions). The fund is used to build up the assurance fund. This is in the nature of an insurance fund. This is in custody of the national treasurer who has the power to invest the funds. 44 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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Who are entitled to compensation from the assurance fund? 1. The claimant must be an owner purchaser or encumbrancer in good faith, suffered actual damage by the lost of the land or interest therein. 2. There is no negligence attributable to the claimant. 3. The loss or damage must not be occasioned by breach of trust or by any mistake in the survey of subdivision of the registered land resulting in the expansion in the area in the title. 4. The claimant is barred by provisions of law or precluded to recover the land or interest therein, or from obtaining compensation from the person responsible for the damage. 5. The action to recover from the assurance fund has not prescribe. Against whom should the case be filed in order to recover from the assurance fund? Register of Deeds must be included as a party defendant. Optional (National Treasurer). And the person who cause the damage as co-defendant. What is the liability of the assurance fund? Only secondary. Meaning that if there is a third party responsible to the fraud or caused damage to the claimant, then the claimant should first proceed to the property of the private person before proceeding against the assurance. IF the government pays from the assurance fund, then the government is subrogated to the rights of the plaintiff against any other party responsible for the fraud or for the damage to the claimant. What is the measure of damage that may be awarded against the assurance fund? Fair market value of the land at the time of loss, damage or deprivation meaning upon registration of the land in the name of another. What is the prescriptive period? Six years from the time the right to bring such action first occurred. IF the claimant is a minor or a person under disability, he has two years from the removal of the disability or minority to bring the action even after the expiration of the original six year period. Unfortunately, we dont have yet TITLE INSURANCE (GOOD BUSINESS PERSPECTIVE). In a addition to a certificate of title, he gets a title insurance. It is the insurance company who pays the fair market value to the land. People will rely on the stability of title. SEC 70. PETITIONS OR MOTIONS AFTER THE ORIGINAL REGISTRATION ADVERSE CLAIM 25:25 As the term connotes, it is claim that is made against the registered owner; adverse to the registered owner. Under Sec. 70, whoever claims any right or interest in the registered land that is a.) adverse to the registered, b.) arising subsequent to the date of the original registration c.) there is no other provision of law for registering the claim. What is the remedy? Filing and registration of a sworn statement, setting fully the claim or the alleged right or interest. This is called the AFFIDAVIT OF ADVERSE CLAIM. If it is not valid, it shall be cancelled. This must comply with the requirement under Sec. 70. The register of deeds has the authority to determine the sufficiency of the affidavit of adverse claim. He may determine whether it complied with the legal requirements: 1. That the affiant must state the alleged right or interest in the land; 2. How it is acquired or the basis of the claim. Be very careful with this affidavit. The annotation of the adverse claim would be made on the original certificate of title. There is no need to 45 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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present the owners duplicate because this is an involuntary transaction, Example in availing the remedy: Contract to Sell of a registered of land. Purchase price will be paid in installment. Seller has title. Buyer pays the full purchase price but seller refuses to surrender the owners duplicate certificate. Can the sale be registered and buyer be issued a new certificate of title? No because this a voluntary transaction which requires the presentation of the owners duplicate certificate of title to register the deed) under Sec. 53). What is the remedy? Specific performance. But before the buyer can do that, the seller may sell the property to another person. Would the second buyer be able to register if the owners duplicate is presented to him? Yes. The second buyer may also be considered an innocent purchaser for value because of the mirror doctrine. If you are the first buyer, what is your remedy since you have not filed the case? Affidavit of adverse claim. The PURPOSE of the notice of adverse claim is to give notice to everyone that the person has the claim to the land adverse to the land owner. Registration of the notice of adverse claim constitute constructive notice of the claim against third persons. Therefore, any person dealing with the land will not be considered an innocent purchaser for value. The adverse claim does not make the claim valid nor is it permanent in character because judicial determination on the issue of ownership is still required or necessary. Adverse claim is merely a notice of claim. What is the remedy? The claimant must file the case. Example, specific performance. After filing the case, what is the remedy? Notice of Lis Pendens. Lis Pendens and adverse claim (initial remedy) may be done concurrently. KUNG WALA KA NA NG REMEDY, IADVERSE CLAIM MO. ANYWAY YOU CAN FILE THE CASE. Adverse claim is effective within 30 days under the law. Is the registered adverse claim be cancelled upon motion of the registered owner on the ground that the adverse claim has expired? No. while the law states that the adverse claim is effective within 30 days, the annotation thereof remains. A petition for cancellation is necessary. Otherwise the inscription of the adverse claim will continue as a lien on the title. To limit the effectivity in thirty days will defeat the purpose for which the remedy of inscription of the adverse claim is created. Hence, a sheriffs levy on the property already covered by an adverse claim is subservient to such claim. Sajonas v. CA. In other words, it is required a case be file in court. It is only upon ORDER OF THE COURT that the adverse claim be cancelled. LOST OWNERS DUPLICATE CERTIFICATE OF TITLE and RECONSTITUTION OF TITLE When a land is registered, how many copies of the certificate of title are issued? Two. Original and owners duplicate. Sec. 109 of PD 1529 covers the loss or destruction of OWNERS. Petition for replacement for the lost or destroyed owners duplicate certificate of title. Filed with the RTC of the province or City where the land lies. First, is to notify the registered of deeds by affidavit of loss. Second, register the affidavit of loss on the title. Third, it will be annotated. Then file a petition for the replacement of lost or destroyed. Then posting lang 46 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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gagawin. No more publication. If established during the hearing that the owners duplicate of title is lost or destroyed, then the court will issue an order granting the petition and order the register of deeds to issue a new owners duplicate certificate which shall carry a memorandum that it is a replacement. IF not lost but in the possession of another person, what happens to the judgment of the court reconstitution? Null and void because the court has no jurisdiction since the title is not lost. Strait Times Inc. v. CA; New Durawood inc, v. CA. Can a voluntary transaction be registered? No. required to present the owners duplicate. Sec. 110 of PD 1529 covers the loss or destruction of the ORIGINAL. What is the remedy if the original certificate of title which is in the custody of the register of deeds? Before June 11, 1988, there was only one mode under RA 26, which is only judicial reconstitution lang. But when the office of the register of deeds of QC was burned, RA 6723 which allowed administrative reconstitution of title. Barstow v. Republic 45::00 If it is shown in the judicial reconstitution that the original of title is lost, what would be issued by the court? The court will issue an order directing the register of deeds to reconstitute the original certificate of title. What do you mean by reconstitution? It means the restoration of the instrument which is supposed to be lost or destroyed in its original form and condition. The purpose is to have the lost or destroyed original certificate of title to be reproduced so that there is a copy again in the register of deeds. BPC v. Republic. There is nothing to compare the owners duplicate if there is no original certificate of title. (this is very very important) Judicial reconstitution partakes in the nature of an ordinary land registration proceedings. This is also a proceeding in rem. On the other hand, administrative reconstitution does not require the same formal requirements as in judicial reconstitution of original certificate of title. Administrative reconstitution may be availed of if the following conditions concur under RA 6723: 1. That there must be substantial lost or destruction of the original land titles due to fire, flood or other force majeure as determined by the administrator of LRA; 2. The number of the certificates of title lost or damages should be at least 10% of the total number of titles in the possession of the office of the register of deeds; 3. In no case shall the number of the certificates lost be less than 500 certificates of title. 4. Source of reconstitution is the owners duplicate certificate of title. This is the only source, you cannot have the administrative reconstitution. In number 4, what then is your remedy? Judicial reconstitution of title because there are other proofs that will confirm your ownership of the property. When the owners duplicate is lost, what is your remedy? Under Sec. 109, replacement. But if what is lost is the original, what is your remedy? Reconstitution, judicial or administrative. Sources of Judicial reconstitution 1. Owners duplicate certificate

47 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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2. Certified copy of such certificate previously issued by the register of deeds 3. Authenticated copy registration or patent of the decree of Example of ground provided in Sec. of 108: When the registered interests of any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; like the right of way which is granted by the servient estate in favor of the dominant estate and that right of way may be registered so that it would remain as a lien or encumbrance to the property. Supposing the servient owner and dominant owner becomes one and the same. The lien or interest has already been terminated. What then is your remedy? Sec. 108 Petition for cancellation of the right of way. Also when the marriage of the registered owner has been terminated and no right or interests of heirs or creditors will thereby be affected; he could also file for the amendment of the certificate of title under Sec. 108. In one case, in a mistake in the technical description of the property the SC allowed the amendment under Sec. 108. Life homes realty v. CA 516 scra this section shall not be construed to give the court authority to reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. Public Lands and Land Patents Sec. 103 Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree (PD 1529). What lands are covered? Only public lands conveyed by the government in favor of a grantee. What is the usual mode of granting? 48 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

4. Deed of mortgage, lease or encumbrance containing the description of the property covered by the certificate of title. These are to be considered by the court in reconstitution. The same is also applicable in reconstitution of the TCT. In case of judicial reconstitution, Publication of the notice of hearing is also a jurisdictional requirement because reconstitution is also a proceeding in rem. Where should and where be published? Twice in successive issues in OG at least 30 days prior to the hearing and be posted in main entrance of provincial and municipal building. It must also be sent to adjoining owners. Requirements of publication are mandatory and jurisdictional. Non-compliance would render the order of reconstitution null and void. May the administrator of LRA declare that a certificate of title is sham and spurious and order the cancellation of the title in a petition for administrative reconstitution? No. he has no jurisdiction. The power to determine whether a sham or spurious and order the cancellation thereof pertains to the court and not to the administrator of the LRA. Judicial Reconstitution is government by RA 26. Sec. 108 alteration of certificates of title. It is provided that No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance.

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Through land patent (sales, free or fee simple). The limitation of the Constitution should be read into Sec. 103. For example, the maximum area to be granted to a grantee is 12 hectares of agricultural land of the public domain by purchase, homestead or grant. Types of Land Patent Free Patent, Sales Patent, special patent under CA 141. Homestead Act; what is issued with the homesteader is a homestead patent; PD 27 (before) and currently under the CARL, certificate of land transfer (CARL) emancipation patent (PD 27) (dati; at wala na to ngayon because of CARL). The patent issued may be presented to the Register of Deeds and the corresponding certificate of title shall be issued. What is the mode of registering the public land granted to the grantee? By administrative proceedings. Covered by Sec. 103. No need to go to court. If it is not registered, it will operate as a contract between the government and the grantee and authority to the registered of deeds to register. It shall be the act of registration shall be the operative act that shall affect and bind the land. HOMESTEAD PATENT When is this issued? To a Filipino Citizen, head of the family 18 and above, who does not own the land. The requirements are residency and cultivation of the land. Max area 12 hectares under the Constitution. Free Patent issuance has already ended in 2000. This is equivalent to judicial confirmation of incomplete and imperfect title. OCENO pa rin ung requirement. Pag may binibenta nito, niloloko ka lang nito. JCT is still in force until Dec. 31, 2020. pag may lumapit sayo at sabihin, we can apply for a free patent? Sabihin, mo unggoy! Nag-aral ako ng land titles. SALES PATENT acquired by purchase from the government. Agricultural land also not to exceed 12 hectares. The mode is not a negotiated sale but by AUCTION SALE. The highest bidder pa rin yun maawardan. Filipino citizen of legal age. For the purpose of commercial, agricultural and industrial including residential. See. RA 730 public lands suitable for residential purposes (1000 square meters) RA 730 may be by negotiated sale. RA 10023 (see supra) land patent for Residential lands max area (200 sqms. In metro manila) length of possession and occupation, 10 years. Special patent issued to non-christians (mga katutubo). FOR VOLUNTARY LA N D REGISTRATION PROCEEDINGS, upon the issuance of decree of registration, when does the decree and certificate of title become incontrovertible, imprescriptible and indefeasible? 1 year from the entry of issuance of decree of registration. Does this apply to land patent? Yes. From the issuance of the land patent of the director of land management bureau. Restriction on alienation granted land. Prohibited from alienating or even mortgaging the land within 5 years. This is a mandatory requirement. If violated, that transaction it is null and void. The land cannot even be acquired by prescription or laches. Based on the fundamental policy of the state to preserve and keep in the family the land of the public domain which the state gratuitously granted to the grantee; provide land to the landless. Effects of violation on prohibition of alienation and encumbrance: 49 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)

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1. Unlawful and the conveyance is null and void; 2. It produces the effect of annulling and cancelling the grant, title, patent or permit originally issued, recognized or confirmed, actually or presumptively; 3. It provides a cause for the reversion of the land and its improvements to the state. What are the actions that may be filed against illegal or improper issuance of patent or violation of restriction on ? 1. Reversion suits initiated by the Government; intended to revert the land to the state; the certificate of title will be ordered cancelled; and the land reverts to the state; filed with the court; 2. Land is not registrable like being a forest land; if a patent is issued and a certificate of title is issued; the OSG may file an action for reversion; because the director of LMB has no jurisdiction 3. Failure of the grantee to comply with the conditions imposed by law like cultivation and occupation. 4. Acquisition of the land by an alien Who may conduct the investigation? Director of the LMB but it is the solicitor general who will commence the action for reversion. Finals will start from issuance of certificate of title upto condominium.

NAGKAGULO NA AYAW NA NI JUDGE MAG-LECTURE.

50 | P a g e Civil Law Notes, Brought to you by: Gabriel Guy P. Olandesca of Sapian, Capiz (San Beda Law, Batch 2013)