Adamson University

College of Law
LAND TITLES AND DEEDS
Atty. Ma. Cecilia D. Papa
Pointers for review:
I.

Torrens system of land registration

A. Purpose: The real purpose of the land registration system (Torrens System) is to quiet title of
land; to put a stop forever to any question of the legality of the title, except claims which
were noted at the time of registration in the certificate, or which may arise subsequent
thereto. (Legarda v. Saleeby)
B. Nature of the proceedings: in rem or notice against the whole world; even against the
government. (Republic v. Umali)
C. Principles: mirror, curtain, insurance principles
II.

Court of competent jurisdiction:

A. General rule: RTC
1) exclusive jurisdiction over all applications for original registration of title to lands,
2.) over all petitions filed after original registration of title
Exception: Expanded Jurisdiction of MTC (RA 7691, amending BP 129); delegated
jurisdiction of MeTC, MTC,MCTC:
1) uncontested lots; contested lot: where value does not exceed P100,000.00
2) values to be ascertained by: 1.) affidavit of claimant;2) agreement of the parties
/claimants;
3) tax declaration
3) only covers original cadastral or land registration cases ; petitions after original
registration of land cases such as reconstitution of title belongs to RTC so as not to unduly
clog the dockets of MeTC, MTC and MCTCs as an effect of the expanded jurisdiction these
courts brought about by RA 7691
B. Mandates of LRA and RD- PD 1529, secs. 4-10

III.

Non-registrable properties
-

Inalienable Lands of the public domain

Civil Code Art 420; Art XII, secs. 2 and 3, 1987 Constitution; regalian doctrine

Difference with patrimonial property of the State; Art 421-422 Civil Code
Review doctrines of cases assigned
IV.

Who may apply for registration of real property: citizenship requirement

Can an alien acquire title to private land? Gen. rule: No.

Exceptions: Sections 7 and 8 of Article XII of the 1987 Constitution.
hereditary succession limited only to intestate succession (died without a will or if the
will is invalid; hereditary succession only applies to natural persons (individuals);
involves only private lands.

 Naturalized Filipinos: see Yap & Maravillas v. Hon. Grageda, G.R. No. L-31606,
March 28, 1983
Purpose of the ban against aliens from acquiring lands in the Philippines is to
preserve lands for future generations of Filipinos. Such aim would be achieved if
aliens who became Filipino citizens by naturalization are allowed to acquire real
estate in the Philippines.
Corporations: Art XII, secs. 3 : Private corporations may only lease alienable lands of
the public domain, with limitation as to area and period for lease ; and Art XII, sec.
7 refers to private lands,

Where at least 60% of stocks are Filipino owned

If non-stock, at least 60% of members are Filipinos
Corporation sole- no nationality so may own and register property in the
Philippines; caters to Filipino members

Condominium corporation: ownership of the land where the condominium building is

built is separate from the condominium unit; Condominium corporation owns the
land; thus at least 60% of the members of corporation must be Filipinos

Review doctrines of cases assigned