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LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

LAND TITLES & DEEDS


CONCEPT OF LAND REGISTRATION
TITLE evidence of the owners right or extent of interest, by
which he can maintain control and as a rule assert right to
exclusive possession and enjoyment of property

MODES OF ACQUIRING LAND TITLES:


1.
Title by public grant conveyance of public land by
government to a private individual (ex: CARP)
2.

2CONCEPT OF TITLE:
1.Mode- act that gives you ownership (like 457&458 of
CivilCode)
2.Title- cause of the mode. In order for such mode to have full title,
a requirement should be followed.

(a) Is title to registered land subject to prescription?No,


because no title to registered land in derogation to that
of the registered owner shall be acquired by
prescription or adverse possession. This is due to the
fact hat one it is registered under the Torrens system; it
operates as a notice t the whole world. Everyone is
bound by it.

4blue95: title recognizes the concept of native title(IPRA law,Cruz


v CA),and according to IPRA law: native(pre-spanish conquest)
title need not be registered and that land never become public and
accords to indigenous people a right of self delineation (and that an
indigenous concept of ownership is that there exist private
ownership but remains collective)

(b)How about the right of the registered owner to


recover possession, is it equally imprescritible?Yes. The
right to ask for recoveyance from another who is
holding it is equally imprescriptible. The reason is that,
possession is a mere consequence of ownership.
(c)What effect has he equitable principle of laches on
the imprescriptibility of Torrens title?While it is true
that a title is imprescriptible, yet under certain
exceptional circumstances, it may yield to the equitable
principle of laches. If there is inaction or utter neglect
by the owner, and the intervention of rights by third
parties may, for reason of equity, convert the claim of
imprescribility into stale demand.

4blue95: PD 892 is the law that renders Spanish Laws ineffective


but not totally since (1)if a person is possessing such land since
conquest era then Spanish title can still be used or (2) it can be
used to prove ordinary prescription.

DEED instrument in writing by which any real estate or interest


therein is created, alienated, mortgaged or assigned or by which
title to any real estate may be affected in law or equity
1.
Grantor
4. Description of Property
2.
Grantee
5. Signature of grantor
3.
Words of grant
6. Witnesses

3.

TYPES OF ESTATES:
FREEHOLD ESTATE indicates title of ownership
a.
Fee simple absolute title; conferred
without
limitation,
qualification
or
restriction
b.
Fee tail pass title to grantee & his heirs
c.
Life state held for duration of life of
grantee

2.

LESS THAN FREEHOLD ESTATE a right short of


title
a.
Estate for years lease for a period agreed
upon, lessor retains ownership of land
b.
Tenancy from period to period lease
running from month to month or year to
year with automatic renewal
c.
Tenancy at will person is permitted to
occupy land of another without stipulation
as to period

4blue95: registration would not validate a property not


legally included (like a river or sea,it can never be
included) and that Registration would not protect owner
from diminution of his land. So kung magliit ang lupa
dahil sa paglaki ng ilog, then ,magliit din ang
ownership mo.
4blue95:land under the sea cannot be alienated since it
is not agricultural land.
4blue95:land cannot be sold to private corp (it can only
be leased) and land can be sold only to Pilipino citizens
only.
4.

3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF


TRANSFERRING TITLES:
1. Production & delivery of deed by grantor to grantee
without registration
2. Recording of deed of conveyance to bind 3rd persons
3. Registration of title

Title by accretion alluvium (refer to Property Law)


BAR:Subsequently to the original registration of a
parcel of land bordering a river, its area was increased
by accession. This additional area was not included in
the technical description appearing on the Torrens
Certificate of the Title having been acquired subsequent
to the registration proceedings. May such additional
area be acquired by third persons through prescription?
HELD: Yes. Since the law refers to registered lands, the
accession mentioned in this question may be acquired
by a third person through adverse possession or
acquisitive possession. It is not protected by the Torrens
system.

4blue95:grantee must be atleast identified but it is not necessary


that grantee must sign the deed or the title.

1.

Title by acquisitive prescription/adverse possession


open, continuous, exclusive, notorious possession of a
property (but land must not be registered,since if it is,
then prescription will not prosper. However, laches and
not prescription will run against registered owner)

5.
6.
7.

Title by reclamation filling of submerged land by


deliberate act and reclaiming title thereto; government
Title by voluntary transfer private grant; voluntary
execution of deed of conveyance
Title by involuntary alienation no consent from owner
of land; forcible acquisition by state
Title by descent or devise hereditary succession to the
estate of deceased owner

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


8.

Title by emancipation patent or grant for purpose of


ameliorating sad plight of tenant-farmers; not
transferable except by hereditary succession
TORRENS SYSTEM OF LAND REGISTRATION
PROCEDURE IN LAND REGISTRATION :
1.

Survey of land by Bureau of Lands or duly licensed private


surveyor(survey not mode of ownershipmerely delineation of
possession)

2.
3.
4.

Filing of application for registration by applicant


Setting of date of initial hearing of application by RTC
Clerk of court to transmit to Land Registration Authority (LRA) the
application, date of initial hearing & other pertinent docs

5.

Publication of notice(by LRA) of filing of application, date & place


of hearing in OG and in newspaper of general circulation
June 18,2007 BAR MATTER: Publication is a jurisdictional
requirement, as such ,absent of publication cannot confer title.
(4blue95)

6.

Service of notice contiguous owners, occupants & those who have


interest in property

7.
8.
9.
10.

Filing of answer or opposition to application


Hearing of case by RTC
Promulgation of judgment by court
Issuance of decree by RTC decision; Instruct LRA to issue decree
of confirmation & registration
Entry of decree of registration in Land Titles Administration
Sending of copy of decree to Register of Deeds (ROD)
Transcription of decree of registration in registration book &
issuance of the owners duplicate original certificate of title of the
applicant by the LRA - upon payment of prescribed fees

11.
12.
13.

4blue95:if 5&6 not followed, title is defective

REGISTRATION guarantees the title and it is an act of enrolling it


into a public record or it is a mere specie of notice.
Registration is different from Recording(registration of evidence)
in that latter merely records deeds of conveyance and other
instruments w/o guaranteeing the title.
4blue95: torrens system is judicial in nature & conclusive as
against the world,as such title is indefeasible and cannot be
defeated by prescription.
Land registration is a proceeding in rem. It requires constructive
seizure of the land as against al persons, including the State, who
have rights to or interests in the property. An in rem proceeding is
validated essentially through publication.
This being so, the process must strictly be complied with.
Otherwise, persons who may be interested or whose rights may be
adversely affected would be barred from contesting an application
which they had no knowledge of.
As has been ruled, a party as an owner seeking the inscription of
realty in the land registration court must have proved by
satisfactory and conclusive evidence not only his ownership hereof
but the identity of the sale, for he is in the same situation as one
who institutes an action for recovery of realty. He must prove his
title against the whole world.
The elementary norms of due process require that before the
claimed property is taken from concerned parties and registered in
the name of the applicant, said parties must be given notice and
opportunity to oppose.

2.
Heirs & devisees
3.
Persons with actual notice
BAR:May the owner of a building constructed on an unregistered
land belonging to another apply for the registration of such
building under the Land Registration Act ad P.D. No. 1529?
(1989Bar)
HELD: No, because P.D. No. 1529 applies only to registration of
land. The registration of the land may include the building, but the
building cannot be registered independently of the land.
To protect his interest, the owner of the land should file an
opposition or answer to the application for registration and ask that
his right over the building be annotated on the title.
BAR:A is the owner of a parcel of unregistered land. He sold it to
B in 1990. The land was not transferred in Bs name. The
document was not also registered. In 1991, he was sued by C for a
sum of money. The court rendered judgment holding a liable,
hence, the land was levied upon and sold by the sheriff to C who
was the highest bidder. Between B and C, who is the owner of the
property?
HELD:B is the owner of the land, even if the sale to C was
registered. This is so because at the time of the sale by the sheriff
to C, A was no longer the owner as he had already sold it to B.
registration of instrument s affecting unregistered land is without
prejudice to a third party with a better right. The mere registration
of a sale in ones own name does not give him any right over the
land if the vendor was not anymore the owner of the land, having
previously sold the same to somebody else even if the earlier sale
was unrecorded.
BAR:Which of the two (2) titles is superior: an earlier title secured
administratively or a later title secured through judicial
proceedings? Explain.
HELD: It is the person holding under the prior certificate who is
entitled to the land as against the person who relies on the second
certificate. Under the Property Registration Decree (P.D. No.
1529), upon the expiration of one year from the issuance of the
entry of the decree of registration, the said decree and the
certificate shall become incontrovertible and indefeasible. (Sec.
32). This provision also applies to titles acquired through
homestead patents.
BAR MATTER JUNE 18,2007
2 or more claimants:
BAR:Between two (2) sets of claimants of real property, those
claiming ownership by acquisition prescription, and those asserting
ownership on the basis of a deed of sale recorded in the certificate
of the vendor as mortgagee and the highest bidder in a foreclose
sale, who has a better right?
HELD: The latter has a better right, hence, the one who claims to
have been in possession for 30 years does not enjoy recognition.
Prescription does not run against registered land. Under Sec. 47,
P.D. No. 1529, no title to register shall be acquired by prescription
or adverse possession. A title, once registered, cannot be defeated
even by adverse, open and notorious possession. The certificate of
title issued is an absolute and indefeasible evidence of ownership
of the property in favor of the person whose name appears therein.
It is binding and conclusive upon the whole world. All persons
must take notice and no one can plead ignorance of the
registration. (Heirs of Leopoldo Vencilao, Jr. vs. CA, et al., G.R.
No. 123713, April 1998, 93 SCAD 339).
Co-Ownership:

PURPOSE OF REGISTRATION: quiet title to land once registered,


owner might rest secure (curtain principleany questions are
closed or quiet by registration.)
PERSONS BOUND WHEN TITLE NOT REGISTERED:
1.
Grantor

BAR:X,Y,Z are co-owners of a parcel of land. If they want to have


the land covered by a title, can X file an application by himself?
ANS: All the co-owners must file the application . However, if 1
owner wants the property to be his own, then he must declare

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


expressly to the other co-owners that he is repudiating/renouncing
his right over the co-ownership.

fraud or misrepresentation in the title, an action for reversion


instituted by the Solicitor General would be the proper remedy.

CERTIFICATE OF TITLE

PROCESS:
1.
Within 15 days from finality of order of judgment
directing registration of title court to order LRA to
issue decree of registration and certificate of title
2.
Clerk of court will send order of court & copies of
judgment
3.
Administrator to issue decree of registration & original
& duplicate of OCT signed by Administrator, entered
& file decree of registration in LRA
4.
Send to ROD original & duplicate of title &
certificate for entry in his registration book
5.
Enter in record book, dated, signed, numbered & sealed
take effect upon date of entry
6.
ROD to send notice to registered owner ready for
delivery after payment of fees
7.
ROD shall send duplicate & note on each certificate of
title to whom it is issued
8.
Original copy to be filed in ROD; bound in consecutive
order

TORRENS TITLE certificate of ownership issued under the


Torrens System of registration by the government through road
naming & declaring owner in fee simple of property described
therein free from all liens except those expressly noted
The purposes of the Torrens system are:
1) To avoid conflicts of title to real estate;
2) To facilitate transactions relating to land. (St.
Dominic Corp. vs. IAC, June 30, 1987)
(BAR)What is the nature of a Torrens title issued on the strength of
a homestead patent? Why?
ANS: As ruled in Heirs of Gregorio Tengco vs. heirs of Jose
Alivalas, 168 SCRA 198, the rule is well-settled that an original
certificate of title issued on the strength of a homestead patent
partakes of the nature of a certificate of title issued in a judicial
proceeding, as long as the land disposed of is really part of the
disposable land of the public domain and becomes indefeasible and
incontrovertible upon the expiration of one year from the date of
promulgation of the order of the Director of Lands for the issuance
of paten. (Republic vs. heirs of Carle, 105 Phil. 1224 [1959];
Ingaran vs. Ramelo, 107 Phil. 498 [1960]; Lopez vs. Padilla, G.R.
No. 27559, May 18, 1972, 45 SCRA 44). A homestead patent, once
registered under the Land Registration Act, becomes as
indefeasible as a Torrens title. (Pamintuan vs. San Agustin, 43 Phil.
558 [1982]; El Hogar Filipino vs. Olviga, 60 Phil. 17 [1934];
Duran vs. Oliva, 113 Phil 144 [1961]; Pajomayo vs. Manipon,
G.R. No. 33676, June 30, 1971, 39 SCRA 676)
(BAR)may there be a registration of a parcel of land already
decreed in favor of another? Explain.
ANS: No. In Sps. Mariano and Erlinda Laburado, et al. vs. CA, et
al., G.R. No. 101387, March 11, 1998, 92 SCAD 380, it was held
that the land registration court has no jurisdiction to order the
registration of the land already decreed in the name of another in
an earlier land registration case. A second decree for the same land
would be null and void (MWSS vs. CA, 215 SCRA 783;
Pamintuan vs. Agustin, 43 Phil. 558) since the principle behind
original registration is to register a parcel of land only one. (PD
No. 1529, Sec. 14; Duran vs. Oliva, 3 SCRA 154). An application
for registration of an already titled land constitutes a collateral
attack on the existing title. (Cervajal vs. CA, et a., G.R. No. 98328,
October 9, 1997, 87 SCAD 828)
(BAR)What is the nature of issuance of a decree of registration?
ANS: The issuance of a decree of registrations part of the judicial
function of the courts and is not a ministerial act which may be
compelled by mandamus. In Valmonte and Jacinto vs. Nable, 85
Phil. 256, it was said that after the rendition of a decision by a
registration court, there remain many things to be done before the
final decree can be issued. Although the final decree is actually
prepared by the Chief of the Land Registration Office, an
administrative officer, the issuance of the final decree can hardly
be considered a ministerial act for the reason that said officer of the
court and so the issuance of a final decree is a judicial function and
not an administrative one. (De los Reyes vs. De Villa, 48 Phil. 227)

BAR MATTER JUNE 20,2007


Indefeasibility of the title, however, may not bar the State, thru
the Solicitor General, from filing an action for REVERSION.
The title to the property having become incontrovertible, such may
no longer be collaterally attacked. If needed there had been any

Legally defined, a certificated of title is the transcript of the decree


of registration made by the Register of Deeds. (Phil. National bank
vs. Tan Ong Zse, 51 Phil. 317).

ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF


TITLES:
1.
Splitting or consolidation ordinary ROD level, no
court involved
2.
Subdivision plan approval of NHA, final approval of
LRA, then ROD to issue memorandum that streets not
to be disposed except by way of donation to govt. shall
be effected without approval of NHA
ANNOTATIONS AT BACK OF CERTIFICATE need court order,
otherwise null & void
4blue95: torrens system is judicial in nature and conclusive as vs
the world. The title is indefeasible (cannot be defeated by
prescription)
(BAR)the tile of a parcel of land was fictitiously transferred from
A to B. then B sold it to C, who now has a title. The owner, A
wants to recover it from C contending that Bs title was void. Is the
action of A proper? Why?
HELD: No, because it is a rule that the rights of innocent
purchasers for value should prevail. Even assuming that the sale by
B to the C was void, being based on a fictitious transfer from A to
B, the general rule that the direct result of a previous void contract
cannot be valid, is inapplicable in this case as it will directly
contravene the Torrens system of registration.
Where innocent third person, relying on the correctness of the
certificate of title thus issued, acquire rights over the property, the
court cannot disregard such rights and order the cancellation of the
certificate. The effect of such outright cancellation will be to
impair public confidence in the certificate of title. The sanctity of
the Torrens system must be preserved; otherwise, everyone dealing
with the property registered under the system will have to inquire
in every instance as to whether the title had been regularly issued,
contrary to the evident purpose of the law. Every person dealing
with the registered land may safely rely on the correctness of the
certificate of the title issued therefor and the law will on no way
oblige him to go behind the certificate to determine the condition

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


of the property. (Heirs of Benito Gavino, et al., vs. CA. et al., G.R.
No. 0154, June 29, 1998, 95 SCAD 358)

2.
3.

Substitution of name of new owner file motion with


court
Decrease the area file motion in court(no need for
publication and notice)

REGISTRATION PROCESS
WHO MAY APPLY:
1.
Those in open, continuous, exclusive, notorious
possession of patrimonial property of state under
bona fide claim of ownership since June 12, 1945 or
earlier
What if X occupy land since 1965, but he file application for
registration on 2006 which is 45 years already,but such land
was declared alienable(by Pres or Congress) only on 2000
(which is merely 6 years), is he entitled to the land?
YES, under Rep v Naguit(Jan.2005), SC rules that what
matter is at time of filing of application for registration, the
land is declared already as alienable &disposable and that the
counting of 30 years is not from time of declaration that land
is alienable but on time of occupation by the applicant.
4blue95: However, possession of forest land if it is declared
as alienable, the 30 yr period shall commence from time of
declaration and not at time of occupation.
4blue95:use 30 year period if you occupy such land and
filing of application prior to Jan 25,1977. But use June
12,1945 if occupation of such land is prior to such date and
the filing of application for registration.
2.
3.
4.

Those who acquired ownership of private land by


prescription
Those who acquired ownership of private lands by
right of accretion
Those who acquired ownership in any manner
provided for by law

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:


1.
PRIVATE LANDS ( owned already by citizens before it
was sold to corporation)
a.
At least 60% Filipino to acquire private land
b.
Restricted as to extent reasonably necessary
to enable it to carry out purpose which it
was created
2.
PATRIMONIAL PROPERTY OF STATE
(corporation can never apply for titling, it can only lease)
a.
Lease for 25 years renewable
b.
Limited to 1,000 ha.
c.
Apply to both Filipinos & foreign cos.
(READ PROCEDURE FOR REGISTRATION ON PREVIOUS TOPIC)
WHAT TO ACCOMPANY APPLICATION:
1.
Survey (it must be approved by Director of land coz if
not then it is null and void)
It is not a mode of ownership and that it can be
admitted as evidence but will not be given weight.
2.
3.
4.
5.
6.

Original Tracing cloth plan duly approved by the


Director of Lands (but if theres a survey, then pwede
nang hindi original ang tracing cloth)
3 copies of technical descriptions
3 copies of surveyors certificate
All original muniments of title
4 copies of certificate by city/provincial treasurer of
assessed value of land

AMENDMENTS ALLOWED & NOT ALLOWED


1.
Substantial change in boundaries or increase in area new technical description necessary need new
publication & notice

REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the


Torrens System (ACT 3344)

4blue95:it binds 3rd persons after registration but yields


to better rights of 3rd person prior to registration
(it means that if before X purchased the land from Y,
latter already sold such land to Z (who did not register
it), still Z has a better right even if X is in good faith
since Y at time of selling it to X has no more legal/valid
title over the land.

Procedure:
1.
Presentment of instrument dealing in
unregistered land
2.
If found in order registered
3.
If found defective registration is refused
writing his reason for refusal
BAR:Where should the application for land registration be filed?It
should be field in the Regional Trial Court where the land is
located.
However, the Supreme court may delegate to the municipal court
the power to decide land registration cases if there are no
controversies and where the value of the lot in question does not
exceed P100,000.00 (Land Disputes do not follow the amount of
jurisdiction in Rules of Court)
BAR:Suppose he land is situated in two (2) provinces, where
should he case be filed?if the boundary has already been
determined, and there are now plans or the two (2) provinces, then,
file the same in each o the provinces. However, if the land has been
declared for taxation purposes in one province, then, file it in the
said province provided that the boundary has not yet been
determined.
4blue95: mortgagor can issue an application for titling,but it must
have written consent of mortgagee-creditor(same with sale a retro)
BAR:What are the distinctions between a decision in a land
registration from that of a decree of registration?
ANS: The distinctions are:
(1)
(2)
(3)
(4)
(5)

A decision is rendered by the court; a decree of


Registration is issued by the LRC;
A decision contains statement of facts;
A decision is signed by the judge; a decree is
signed by the LRC;
A decision becomes final after 30 days; a decree,
1 year after issuance;
Grounds for review of a decision are found in
Rule 37 or 38 of the rules of Court;

2006 notes: The ground for a review of decree is fraud and it must
be filed within one year from issuance.
2006 notes:not function of LRA to approve lands,it is with the
Director of lands
4blue95:If you own landthen apply registration under PD 1529
but if you dont own it, then it is Judicial confirmation of imperfect
title with the RTC or go to Director of lands.
Kinds of land:
1.Privately owned (including native land under IPRA law)

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


2.Public Agricultural Land- here is where the 30 yr period or the
June 12,1945 rule stated above (on 1st column) is applicable
3.Disposable Public Land (like the homestead)

considered the evidence already of record and is convinced that the


same is sufficient for rendering a decision upon such controversial
issues. (Se Vda. De Arceo vs CA, 185 SCRA 489 [1990]). To avoid
multiplicity of suits, the Court can properly determine the nature of
a document in the land registration proceeding

PUBLICATION, ANSWER & DEFAULT


DEFAULT
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF
MUNICIPALITY 14 days before hearing

GENERAL DEFAULT IS WHEN NO PERSON APPEARS AND ANSWERS


WITHIN TIME PRESCRIBED WHILE

HEARING within 7 days after publication in OG


not less than 45 not more than 90 days from date of order

SPECIAL DEFAULT IS WHEN A PARTY APPEARS AT INITIAL HEARING


WITHOUT HAVING FILED AN ANSWER AND ASKS COURT FOR TIME
TO FILE ANSWER BUT FAILED TO DO SO WITHIN PERIOD ALLOWED

BAR: Is newspaper publication of the notice of initial hearing in an


original land registration case mandatory or directly? Why?
ANS: It is mandatory as shown by the use of the world shall.
(Sec. 23, P.D. No. 1529). In Repubic vs. Marasigan, 198 SCRA
219, it was held that the law requires notice of the initial hearing
by means of: 10 publication, 2) mailing, and 3) posting, all of
which must be complied with. If the intention of the law were
otherwise, said section would not have stressed in detail the
requirements of mailing of notices to all persons named in the
petition who include owners of adjoining properties and occupants
of the land. Indeed, if mailing of notice is essential, then by parity
of reasoning, publication in a newspaper of general publication is
likewise imperative since the law included such requirement in its
detailed provision.
TO WHOM NOTICE MUST BE SENT:
1.
City/municipal mayor & provincial governor
2.
Department of Agrarian Reform, Solicitor General &
Director of Lands, Director of Fisheries, Director of
Mines
3.
Adjoining owners & those who have rights or interest
thereto
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
BAR:What are the requirements of the answer/opposition to the
land registration?
ANS: They are:
1) It must be in writing
2) It must set forth the objection;
3) It must state the interest of the opposing party;
and
4) It must state the remedy desired.
BAR:Can the oppositor pray for affirmative relief that instead of
the applicant he be declared the owner of the land?
ANS: Yes, because as an oppositor, he can pray that he be
declared the owner of the land even if he s not an applicant. He
must, however, adduce evidence to prove his interest. (City of
Manila vs. Lack, 19 Phil. 324).

BAR: May the land registration court resolve issued other than
those pertaining to land registration?
ANS: Yes. In Republic vs. Neri, the Supreme Court Said that P.D.
No. 1529 has eliminated the distinction between the general
jurisdiction vested in the regional trial court and the limited
jurisdiction formerly conferred upon it when acting merely as a
cadastral court. Thus, the court may resolve issues other than those
strictly pertaining to land registration in cases (1) where the parties
mutually agreed or have acquiesced in submitting controversial
issues for determination; (2) where they have been given full
opportunity to present their evidence; and (3) where the court has

4blue95: if theres no order of default ,such party ordered cannot


file motion for intervention since land registration proceedings is
in REM and not in PERSONAM.
4blue95: even though other party is in default, the remaining party
is not guaranteed to win the case. It is incumbent to latter TO
PROVE that he has acquired land in proper title.
HEARING & EVIDENCE
WHO CONDUCTS HEARING:
1. RTC
2. Refer to Referee - Commissioner
PROCEEDINGS

FOR
ORDINARY REGISTRATION (LAND
REGISTRATION
ACT)
/PROCEEDING
FOR
JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND
ACT

There exist a title to be confirmed


Land applied for belongs to the state
Court may dismiss without prejudice to file new
application
Dismiss with prejudice
Risk to have application denied without losing
land
Risk involves loss of land

BAR:What are the purpose of publishing the notice of hearing?


ANS: they are (1) to confer jurisdiction; and (2) to invite all parties
concerned to appear in court to show cause why the prayer of said
application shall not be granted. (Sec. 23, P.D. No. 1529)

BAR:An application for land registration was filed by A covering


50 hectares. After the publication of the notice of hearing, A
amended the application to include another 20 hectares of land. Is
there a need for republication? Why? Suppose the amendment
included only 200 square meters, is there a need for republication?
Why?
ANS: If the amendment included 20 hectares, there is a need for
the republication of the notice of hearing because the additional
land is substantial. However, if it is only 200 square meters, the
amendment is not substantial, hence, there is no need for
republication. The area can be considered as encompassed in the
phrase more or less
BAR:May the owner of a building constructed on the land subject
of registration oppose the registration of the land? Why?

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


ANS: No, but he can appear and manifest his ownership of the
improvement, otherwise, the land, together with the improvement,
shall be registered because accessory follows the principal.
JUDGMENT & DECREE

WRIT OF POSSESSION (not granted ex parte)

DECREE of Registration issued by LRA containing technical


description of land; issued after finality of judgment (judgment
becomes final after 15 days)
1.
Decrees dismissing application
2.
Decrees of confirmation and registration

Final 1 year after decree, unless there is an


innocent purchaser for value

Subject only to appeal

Once final, cannot be subject to attack and is


deemed conclusive against the world
3.
Put end to litigation
4.
Purpose of Torrens system is protected

Amendment after 1 year is allowed creation or extinguishment of new rights;


inclusion of new owners not allowed

An order to sheriff to deliver the land to the successful party


litigant; no prescription
1.
Against loser (or heirs)
2.
Against anyone unlawfully & adversely occupying

4blue95:issuance of decree is ministerial for LRA (but mandamus


is not proper remedy if land has already been registered before, or
that there is doubt as to ownership)
4blue95 notes:the effects of the entry of the decree of registration
is that it binds the land and quiets title thereto.
4BLUE95 notes: in land cases,there is no execution pending appeal
since determination cannot be had until finality and that no
innocent purchaser for value can be prejudiced.
4blue95:court cannot award property on those who dont present
themselves in hearing or who never claim ownership. Court may
issue partial judgment if there is no contest on a certain portion of
land.
BAR:If an application for land registration is denied can the
applicant refile it? Why?
ANS: Yes, because the dismissal is not res judicata, except if the
dismissal is with prejudice. The denial of the application for
registration means that he has not furnished that kind of proof
showing an absolute title in fee simple which is required under the
law. (Hermanos vs. CA, G.R. No. 54472-77, Sept. 28, 1989). If his
evidence can now show absolute ownership, he can refile the
application.

BAR:May a Torrens title be collaterally attacked? Why?


ANS: No. the TCT or OCT cannot be questioned in an ordinary
civil action for recovery of possession filed by the registered owner
of said lot. Such a defense partakes of the nature of a collateral
attack against a certificate of title brought under the operation of
the Torrens system. A collateral attack on the TCT is not allowed
on the ground of actual fraud. (Ybaez vs. IAC, g.r. No. 68291,
March 6, 1991; Sec. 48, P.D. No. 1529).
A decree of registration and the certificate of title issued pursuant
thereto may be attacked on the ground of actual fraud within one
year from the date of its entry and such an attack must be direct
and not by collateral proceeding. The validity of a certificate of
title can be threshed out only in a action expressly filed for the
purpose.(Ybaez va. IAC, supra)
A Torrens title, as a rule, is irrevocable and indefeasible and the
duty of the court is to see to it that this title is maintained and
respected unless challenged in a direct proceeding. (Co. vs. VA,
G.R. No. 93687, May 6, 1991).

4blue95: when party entered into property after issuance of final


decree is not an oppositor party in registration proceeding or is in
possession of land for at least 10 years, then writ of possession is
not proper.As such, if thats the case,the remedy of owner are:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
BAR:Suppose A applied for the registration of a parcel of land
which was granted, and after the decree of registration was issued,
B and C entered into the premises, can the court issue a writ of
possession against B and C? Why? If not, what is As remedy?
Why?
ANS: A writ of possession cannot be issued against persons who
occupied the land after the issuance of a decree of registration.
This is because they were not parties to the case. No one is allowed
to take the law into his own hands. The remedy is to resort to the
courts of justice and institute a separate action for ejectment. Only
after the judgment can the prevailing party secure a writ of
possession. (Bemos vs. Hon. Nuevo, L-58438, June 31, 1984)

PETITION
TITLE

SEEKING
1.

2.

SURRENDER

OF

DUPLICATE

In voluntary and involuntary conveyances


when duplicate cannot be produced, petition
in court may be filed to compel surrender of
certificate of title duplicate to ROD
After hearing, may order issuance of new
certificate and annul the old certificate; new
certificate shall contain annotation re
annulment of old certificate

LOST DUPLICATE CERTIFICATE


1.
Sworn statement that certificate is lost to be
filed by person in interest with ROD
2.
Petition to court for issuance of new title
3.
After notice and hearing court to order
issuance of new title with memorandum that
it is issued in place of lost certificate
(duplicate)
If false statement: complex crime of estafa thru falsification of
public document
TRANSACTION EVIDENCED BY LOST DOCUMENT
HOW REGISTERED
ROD forbidden to effect registration of lost or destroyed
documents
Steps by interested parties:
1.
Procure authenticated copy of
lost or destroyed instrument
2.
Secure an order from court

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

(REMEDY available if it is more than 1 year)


REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION
PROCEEDINGS:
1.

2.
3.

MOTION FOR NEW TRIAL - must be brought within


15 days from notice of judgment
a.
Fraud,
accident,
mistake,
excusable
negligence which ordinary prudence could
not have guarded
b.
Newly discovered evidence which could not
be discovered & produced at trial
c.
Evidence insufficient to justify decision,
decision is against the law
APPEAL must be brought 15 days from notice of
judgment
RELIEF FROM JUDGMENT 60 days(from
knowledge) 6 months( after entry of order); available
to party to case, FAME; after judgment; person
deprived of right is party to case
4blue95:not available if decree of registration has
already been issued or 6 months has already lapsed
(since it is now review of judgment)

4.

REVIEW OF JUDGMENT- after lapse of 6 months but


before entering of judgment on ground of actual fraud.

5.

REVIEW OF DECREE OF REGISTRATION remedy


after a decree of registration on ground of actual fraud,
no jurisdiction of court or on any other ground.
BAR:What are the requirements/elements for the
remedy of a petition for review of the decree of
registration? They are:
(a) The petition must be filed by a person claiming
dominical or other real rights to the land
registered in the name of the respondent;
(b) The registration of the land in the name of the
respondent was procured by means of actual (not
just constructive) fraud, which must be extrinsic.
Fraud is actual if the registration was made
through deceit or any other intentional act of
downright dishonesty to enrich oneself at the
expense of another. It is extrinsic when it is
something that was not raised, litigated and
passed upon in the main proceedings;
(c) The petition must be filed within one (1) year
from the date(hour and minute) of the issuance of
the decree; and
(d) Title to the land has not passed to an innocent
purchaser for value.
BAR:Can the decree be reopened?Yes, on the ground of
actual fraud, provided that it must be done within one
(1) year from the issuance of the decree of registration.
After one (1) year, it becomes indefeasible and
imprescriptible.Even before the lapse of one (1) year, if
the land has already been sold to an innocent purchaser
for value, the decree can no longer be reopened.

1.RECONVEYANCE action in personam and it is filed


with the RTC; available so long as property not yet passed to
innocent purchaser for value; bad faith or with notice of
defect
4blue95: this is the action if it is after 1 year of the decree of
registration and claimant is not questioning the validity of the
title but he is questioning the allegation that such title was
given to a wrong person.
4blue95: in reconveyance ,indefeasibility is not a valid
defense since claimant is not questioning the validity of title.
4blue95: it doesnt mean that if X has the title,that he is the
owner (even if it is named upon him) since he merely have
the evidentiary concept of ownership but not the civil law
concept of ownership.
Prescription of periods are:
Fraud:
Implied Trust:
Void Title:

4 yrs from discovery of fraud


10 yrs from issuance of title
Imprescriptible

4blue95: if action for reconveyance is in concept of owner or


that it is expressly written (express trust), then it is
imprescriptible)

2.RECOVERY FOR DAMAGES (IF PROPERTY IS IN


HANDS OF INNOCENT PURCHASER FOR VALUE)
a.
Person is wrongfully deprived of his land by
registration in name of another actual or
constructive fraud
b.
No negligence on his part
c.
Barred/ precluded from bringing an action
d.
Action for compensation has not prescribed
Prescribes in 10 years from issuance of title

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

POST REGISTRATION PETITIONS/MOTIONS


1.

QUIET TITLE

4blue95: question asked is who among the parties has better


right over the land/property?
4blue95: quieting of title erases all doubts as to the legality of
title and that a party is not necessarily a registered owner
since it is permitted merely to be an equitable owner or such
owner need not be in possession of title.

3.

ASSURANCE FUND

4blue95:this is the remedy if X becomes a victim of negligence of


public officials, acts of private persons or that as X files damages
against the adverse party, latter is declared insolvent. AS SUCH,
the remedy available to him is to run against the assurance fund.
State creates a fund for the compensation of persons injured by
divesting/cutting off of rights due to the indefensibility of title;
following that act of registration is operative act by which State
transfers title; created to relieve innocent persons from harshness
of doctrine that certificate of title is conclusive evidence of an
indefeasible title to land.
WHO IS ENTITLED:

2.

RECONSTITUTION

Purpose is to have the same title or document be reproduced


in same form.When reconstituted have same validity as old
title
Can only be done judicially by filing a petition for
reconstitution with RTC
4blue95:To be published in OG for 2 consecutive issues (at
expense of petitioner) and posted on main entrance of
municipality at least 30 days before hearing and notice be
serve on ROD
4blue95: In rem proceedings (it is not directed only to a
person but also on the thing itself) and that once final, it can
never be open for review.
Court to order reconstitution if it deemed fit; issue order to
ROD
Lack of essential data fatal
BAR: What is the effect if a title is reconstituted but in fact it
is not lost? Explain.
ANS: In Strait Times, Inc., vs. CA, et al., G.R. No. 126673,
August 28, 1998, it was said that if a certificate of title has
not been lost, but it is in fact in the possession of another
person, then the reconstituted title is void and the court that
rendered the decision had no jurisdiction.
The reconstitution of a title is simply the reissuance of a new
duplicate certificate of title allegedly lost or destroyed in its
original form and condition. (Rivera vs. CA, 61 SCAD 212,
244 SCRA 218). It does not pass upon the ownership of the
land covered by the lost or destroyed title. Possession of a
lost certificate is no necessarily equivalent to ownership of
the land covered by it. The certificate of tile, by itself, does
not vest ownership, it is merely an evidence of title
Administrative Reconstitution occurs in case of substantial
lost of title due to the fire.etc. And that the number of
certificate of title should not be 10% of the total number as
that in Register of Deeds and it should be not less than 500 of
the copy lost.
File such action in the Register of Deeds ,if such is not
granted then file appeal in LRA and if still not granted then
file it with the Court of Appeals.

1.claimant must be owner, purchaser or encumbrancer in good


faith who suffered actual damage by loss of land; in short he is
deprived of his land or interest therein
4blue95: if he is not the owner or an innocent purchaser for value,
then ,running against the assurance fund is not the remedy for him
but it is to go after the impostor or forger.
2.no negligence attributable to him
3.Claimant is barred from filing action to recover said land
4.Action to recover from assurance fund has not prescribed

LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING


REASONS:
1.
Breach of trust
2.
Mistake in resurvey resulting in expansion of area in
certificate of title
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING
REASONS:
1.Omission, mistake, misfeasance of ROD or clerk of court
2.Registration of 3rd persons as owner
3.Mistake, omission, misdescription in certificate of title, duplicate
or entry in books
4.Cancellation
AGAINST WHOM ACTION IS FILED:
1.
Action due to deprivation of land due to mistake,
negligence, omission of ROD, etc ROD and National
Treasurer as defendants; Sol-Gen must appear
2.
Private persons involved should also be impleaded
LIABILITY:
1.
Satisfy claims from private persons first
2.
When unsatisfied secondary liable is the National
Treasurer who shall pay thru assurance fund; thereafter
Government shall be subrogated to rights of plaintiff to
go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is
maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make
up for deficiency from other funds available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE
FUND:
1.
Any court of competent jurisdiction RTC in city
where property lies or resident of plaintiff
2.
Action prescribes in 6 years from time plaintiff actually
suffered loss

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


3.
4.

If plaintiff is minor, insane or imprisoned has


additional 2 years after disability is removed to file
action notwithstanding expiration of regular period
AMENDMENT
AND
ALTERATION
OF
CERTIFICATE OF TITLE

A certificate of title cannot be altered, amended except in


direct proceeding in court; summary proceeding
What corrections are permitted in title (which does not
include lands included in original; technical description as
long as original decree of registration will not be reopened
and rights or interest of persons not impaired; old survey was
incorrect; substitution of name of registered owner)
a.Alterations which do not impair
rights and
b.Alterations which impair rights
with consent of all parties
c.Alterations to correct obvious
mistakes
Entries in registration books not allowed to be altered except
by order of court based on ff grounds:
1.
New interest not appearing on
the instrument have been created
2.
Interest have terminated or
ceased
3.
Omission or error was made in
entering certificate
4.
Name of person on certificate has
been changed
5.
Registered owner has married
6.
Marriage has terminated
7.
Corporation
which
owner
registered land has dissolved and
has not conveyed the property
within 3 years after its
dissolution

IN consulta it is a mode of appeal due to denial of register


of deeds and such appeal is taken to the LRA.
Steps to follow are: ROD first notify the applicant in writing
setting forth why it is denied and recommend that he may
elevate it IN CONSULTA to the Register of Deeds w/in 5
days from receipt of such denial and pay in consulta fee,
thereby , ROD will annotate it at the back and elevate it to
the LRA.
LRA conducts hearing after due notice or require only the
parties to submit their memorandum. LRA then prescribes
steps to the applicant on how to resolve the problem.

5.

ADVERSE CLAIM IN REGISTERED LAND


4.
Whoever claims a better right or interest in a
land adverse to the registered owner shall
make written statement alleging his right,
how and when acquired with description of
land
5.
Statement to be signed and sworn to
6.
Entitled to registration as adverse claim
noted on certificate of title
7.
If there is petition speedy hearing,
determine validity of adverse claim
8.
May be cancelled without court order;
effective only for 30 days
9.
After cancellation, no adverse claim on
same ground may be registered by same
claimant:Adverse to registered owner Arises
after original registration Cannot be
registered under the land registration act
10. To be made on original certificate, to the
duplicate is not necessary because no access
to latter
11. Contracts of lease, contract to sell but
prescription & money claims not allowed
12. Purpose: measure designed to protect the
interest of a person over a property where
registration is not provided for by the land
registration act; serve as notice and warning
to persons subsequently dealing on said land
13. Different with lis pendens: permanent; can
only be removed after hearing is done but
adverse claim is only for 30 days: lis
pendens notice that property is in
litigation; adverse claim; somebody is
claiming better right
14. Recent ruling: adverse claim can only be
removed upon court order

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


4blue95:if it is involuntary, follow only steps a & b, so it is
sufficient that there is a day book.
VOLUNTARY DEALINGS
OPERATIVE ACT registration by owner; if deed is not registered, it
is binding only between parties (ex: sale of land)
PROCESS OF REGISTRATION:
1.
File instrument creating or transferring interest and
certificate of title with ROD
a.
Owners duplicate
b.
Payment of fees & documentary stamp tax
c.
Evidence of full payment of real estate tax
d.
Document of transfer 1 copy additional for
city/provincial assessor
2.
ROD shall make a memorandum on the certificate of
title, signed by him
3.
Issue TCT
VOLUNTARY DEALINGS: NEED TO PRESENT TITLE TO RECORD THE
DEED IN REGISTRY & TO MAKE MEMORANDUM ON TITLE WHILE IN
INVOLUNTARY DEALINGS : NO PRESENTATION REQUIRED;
ANNOTATION IN ENTRY BOOK IS SUFFICIENT

BAR:May the Register of Deeds refuse to register a contract of


sale on the ground that it is void? Why?
ANS: No, because the duty of the Register of Deeds is merely
ministerial and mandatory in character. The main purpose of
registration is to give notice to the public, either actually or
constructively.

(BAR)Spouses A and B are registered owners of lot I


consisting of 20,000 square meters, while spouses C and D are
owners of lot 2. These lots are separated by a river. For a period
of more than 40 years, the river overflowed its banks yearly and
the property of the spouses C and D gradually received
deposits of soil from the effects of the current of the river so that
an alluvial deposit of 29,000 square meters was added to their lot,
11,000 square meters of which used to be part of lot 1 Spouses
A and B contend that accretion should not extend to registered
land because to allow the spouses C and D to acquire title over
the accretion will be in derogation of the indefeasibility of the
Torrens Title of spouses A and B. It this contention correct?
Explain. (BAR 1989)
HELD: No, the contention of A and B is not correct because the
registration under the Torrens Law does not protect the owner
against the diminution of his land through gradual changes due to
the effects of the current of the river. The accretion will benefit C
and D because the acquisition of ownership of the accretion is by
operation of law. The owner o the adjacent lot to the river need not
even perform a positive act to acquire it because the law itself
confers ownership upon him. (Art. 457, NCC).
BAR:More than one year had elapsed since the issuance of the
final decree of registration when a discovered that his land had
been fraudulently registered in the name of his B, his
caretaker.What right of action if any, does A have and against
whom? Explain.
ANS: A can file an action for reconveyance against B or for
damages if the property has passed into the hands of an innocent
purchaser for value. Such action does not seek to review he decree
of registration but is merely for the enforcement of a trust.

When is Property Deemed Registered(STEPS)


a.he must be an innocent purchaser for value
b.deed of sale must be registered in Day Book
(since registration in day book would operate as the date of
registration)
1.
ROD to keep an entry book day book
2.
Enter in order of reception all deeds & voluntary
instruments, write & processes re land -year,
month, day, time, minute of reception of
instrument; Registered from time of entry
3.
Note memorandum & sign & issuance of
certificate
4.
Documents are numbered & indexed & indorsed
with reference to certificate of title public
records
5.
Subject to reasonable regulation

Cost borne by vendor


c.surrender of owners duplicate copy (within 15 days from
entry in day book)
4blue95: if presented during 15 days then registration retroacts to
the time of entry in the day book.
4blue95:if presented after 15 days ,reckoning period is not
anymore that in the day book but the day where such duplicate
copy was presented.
d.registration fees are paid.
Fees of 5 pesos per document to be paid within 15 days

BAR:Melchor is the owner of a parcel of land adjoining the back


of Padsan River in Dingras, Ilocos Norte. It is titled. The and has a
total area of 5,000 square meters. After five (5) years, the land
received an accretion of 700 square meters due to the natural
current of the river.
a)

Who owns the accretion? Why?

b)

Is the accretion a part of title? Why?

c)

Suppose Mariano enters into possession of the


accretion, can he acquire it by prescription? Why?

d)

What is the remedy of Melchor in order that the land


may be covered by a title?

ANS:
a) Melchor is the owner of the accretion. Under the law, to the
owner of the land adjoining the bank of a river belongs the
accretion received by such land provided that the following are
complied with:
1)

It must be the result of the natural current of the river;

2)

The increase is gradual;

3)

The river must be continuous.

b) The accretion is not a part of the title because the title has a
particular description which does not comprise the accretion.
c) Yes, Mariano can acquire the accretion by prescription because
it is unregistered. His possession, however, must be of a period of
30 years as it is in bad faith. (Jagualing vs. CA, G.R. No. 94283,
March 4, 1991).

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

d) Melchor should file an independent application for land


registration.
Forged or Stolen Title can be a source of Valid Title
BAR: A stole the title of B and then forged the latters
signature. He was able to transfer the title under his name. in case
B discovers such act of A, can he file an action for the recovery of
the property? Yes. In the first question, B can recover the property
for as long as it is still under as name, because the title of a is
void.Can A interpose the defense that a file has already been issued
under his name? A cannot interpose the defense that a title has
already been issued because a title does not provide a shield for the
commission of a fraudulent or illegal act. A never acquired a valid
title .
BAR:Suppose A already sold the land to C, a buyer in good faith
and for value, who now has a title, can B still recover the land? No
more because of the protection afforded to C, a buyer in good faith
and for value by the Torrens system. Since the title of A appeared
to be clean, then C had to rely on the face of the title. Even on the
assumption that As title was void, yet a void title can be the root of
a valid title, the moment it passes to the hands of a buyer in good
faith and for value. For require him to look beyond the title is to
defeat the primary objective of the Torrens system.
4blue95: but if B still has the owners copy of title(since A stole
only the 2nd copy of title) then C can never have the defense that he
now own the land for being a buyer in good faith since title never
passed and remains with the owner,B.
There is, however, an exception to the rule that he can rely on
the face of the title:
1.when he has actual knowledge of the facts and circumstances
that would impel him as a cautious man to make an inquiry or if he
defects in the title are too glaring to escape the naked eye.
2.or the buyer merely rely on the deed of sale and not on the title
3.or upon purchasing of the land, the title was executed by the
seller from the original owner through a special power of attorney.

BAR:A bought a parcel of land covered by TCT No. 0001 from B,


but he failed to register the document. C was present when the
parties signed the contract, although he did not sign as a witness.
one (1) year later, C bought the same property, registered the deed
of sale and got a title. Did c acquire a better right than B?
ANS: No, because C was not a buyer in good faith because he had
knowledge of a prior existing interest which was unregistered at
the time he acquired a right o the same land. His knowledge of that
prior unregistered interest has the effect of registration as to him.
The Torrens system cannot be used as a shield for the commission
of fraud.
BAR:What is the remedy of the owner of a titled land in case it
was registered fraudulently under the name of another? He can file
an action for reconveyance within 10 years, as the registrant is
merely holding it as a trustee(implied). The Torrens title cannot be
a shield for fraud notwithstanding the rule that registration is a
constructive notice of title binding upon the whole world.
BAR: If an owner of a titled property cannot recover the same
because it has been sold to a buyer in good faith and for value,
what would be his remedy? if an action for reconveyance based on
constructive trust cannot reach an innocent purchaser for value, the
remedy of the defrauded party is to bring an action for damages
against those who caused the fraud or were instrumental in
depriving him of the property. And it is now well settled that such
action prescribes within ten (10) years from the issuance of the
Torrens title over the property.
BAR:What is the meaning of actual fraud?It is the intentional
omission of fact required by law to be stated in the application or

willful statement of a claim against truth. It may also constitute


specific acts intended to deceive or deprive another of his right, but
lack of actual notice of the proceedings does not of itself establish
fraud.
Buyer/Purchaser in Good Faith and For Value
BAR: Who is a buyer/purchaser in good faith and for value?
ANS: He is one who buys property of another, without notice that
some other person has a right to or interest in such property and
pays a full and fair price for the same, at the time of such purchaser
or before he has notice of the claims or interest of some other
person in the property.
4blue95: As a rule,innocent purchaser for value is not applicable if
title(being the source) is void (ex: the land purchased in truth is
mineral land, so it is not alienable and disposable so title of
purchaser is void)
4blue95: if title states that land is owned by X, then X should be
the seller and not anyone else to be valid(even Xs heirs cannot sell
it w/o express consent of X not unless such is the share of an heir
to the estate of X but such is applicable only upon Xs death.)
--- so if buyer bought it not from X ,and if title states that X is the
owner and not the seller,then buyer is not considered in good faith.
4blue95:In land cases, there is no presumption of innocence with
regard the buyer of the land.
4blue95: in Cabuhat v CA, the facts is that A bought a land for B,
but A did not give the title to B for being a spendthrift. However,
unknown to A, B secured a reconstituted title and mortgage such
land to C. SC rules that C is a buyer/purchaser in good faith since
she has the right to rely solely to the title of B.

Donation
BAR:Ferdie donated a piece of property belonging to Meldy, Cory,
the donee, was able to register the deed of donation and was able to
secure a title. Is the title valid? No, because a donor cannot
lawfully convey what does not belong to him. (De Guzman, Jr. vs.
CA, 156 SCRA 701). If at all, Cory merely holds the property in
trust for the true owner. While land registration is a proceeding in
rem and binds the whole world, the simple possession of a
certificate of title under the Torrens system does not necessarily
make the holder the true owner of the property described therein.
Registration does not vest title. It is not mode of acquiring
ownership.

BAR:if Owner lost his title what should he do?


HELD: if what was lost is the OWNERS DUPLICATE COPY OF
TITLE then he should file petition for owners duplicate copy of
title accompanied by affidavit of loss annotated at back of title (by
register of deedsdahil duplicate man lang ang nawala) and
secure certificate that title is intact and that there is no need of
publication since mere posting of notice is enough.
However, if what was lost is TITLE IN REGISTER OF DEEDS,
then owner must file petition for reconstitution of title ,therefore
publication is needed in OG and newspaper of gencirculation
(dapat both!) and post it at main entrance of municipality.

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

Juridical and Alien Entities:


BAR:May a corporation acquire alienable lands of the public
domain?
ANS: No, because the term, persons under P.D. No. 1529 does
not include artificial persons.
2006 notes: nothwithstanding prohibition in the Constitution
against private corporation holding lands of public domain except
by lease not exceeding 1000 hectares, still, a private corporation
may institute confirmation proceeding under the Public Land Act
sec 48b if at the time of institution ,the land was already private.
2006 notes: A decision in a cadastral proceedings declaring the lad
public does not bar a subsequent application for judicial
confirmation of the same land (for as long as the public land
remains alienable and disposable)

BAR: XYZ Corporation acquired by purchase a parcel of land


from A who has been in possession of the same since 1900. The
acquisition was made in 1988. Can the corporation file an original
application for land registration?
ANS: Yes, because the land is no longer a part of the alienable
lands of the public domain. The possession by A since 1900 or
over 30 years converted the land ipso jure into a private property,
hence, divesting the land of its character as alienable land of the
public domain. (Dir. of Lands vs. IAC, Dec. 29, 1986; Magistrado
vs. Esplana, G.R. No. 54191, May 8, 1990; Dir. of lands vs. IAC,
G.R.No. 65663, Oct. 16, 1992; Republic vs. CA, G.R. No. 108998,
August 24, 1994, 54 SCAD 612).

BAR:May the Roman Catholic Church hold or own alienable lands


of the public domain? Why?
ANS: Yes, because being a corporation sole, it is not covered by
the prohibition against private corporations or associations from
owning or holding such alienable lands of the public domain.
(Republic vs. IAC, 168 SCRA 165).

BAR:May an alien acquire private land in the Philippines? Why?


Is the rule absolute? Explain.
ANS: As a general rule, an alien may not acquire private land in
the Philippines. Public policy demands that land in the Philippines
should be exclusively owned by Filipinos.
The rule cited above is not absolute, because a former natural-born
citizen of the Philippines who wishes to come and reside in the
Philippines may acquire private land in the Philippines subject to
the following conditions:
1)
2)
3)
4)

Urban Land 5000 square meters;


Rural land 3 hectare;
The land must be for residential purposes;
He must have decided to stay in the Philippines as a
balikbayan. (Sec. 8 art. XII, Constitution; B.P. Blg. 185;
Republic vs. IAC, G.R. No. 74170, July 18, 1989;
Republic vs. CA, 54 SCAD 612 supra).

Q- Tiok Chua, a Chinese national and permanent resident of the


Philippines, purchased a parcel of private land from Bernardo
Cruz. Two (2) years after the sale, he became a Filipino. Can the
parcel of land be recovered by Bernardo Cruz on the ground that at
the time of the sale Tiok Chua was an alien? Why?
ANS: No more. While it is true that by reason of public policy,
aliens cannot acquire land in the Philippines as the law reserves the
ownership of lands to Filipino only, yet the subsequent
naturalization of Tiok Chua erased the public policy sought to be
enforced. (Yap vs. Grageda, L-31606, March 28, 1983). The rule is
so because the land is now in the hands of a qualified person.
(Vicente Godinez vs. Fong Pak Luen, L-36731, Jan 27, 1983;
Vasquez vs. Li Seng Giap, 96 Phil. 447; Sarsosa Vda. De Barsobia
vs. Cuenca, 113 SCRA 547; see also Rep. vs. CA, G.R. No.
108998, Aug. 24, 1994, 54 SCAD 612, where it was held that a
Filipino citizen who became a naturalized Canadian can register a
parcel of land bought by him while still a Filipino).

BAR:A, a Filipina, is married to B, an American. During their


marriage, A purchased with conjugal funds a piece of real property
and placed it under the name A married to B. Without Bs
consent, A sold the land, hence, b wants now to annul the sale
because it was done without his consent, contending that he is also
an owner. Is the action proper? Why?
ANS: No, because B never acquired ownership over the land even
if conjugal funds were used in acquiring the same. This is so
because as an alien, he is disqualified from acquiring residential
land in the Philippines. (Sec. 7, Art. XII, 1987 Constitution;
Cheesman vs. IAC, et al., G.R. No. 74833, Jan 21, 1991).

4blue95: determining factor is citizenship at time of acquisition


of title and not at time of application (June 18,2007 Bar
Matter)
June 18,2007 BAR Matter: acquisition of urban land is a
disqualification to acquire rural land--- however, if 1000 sq.m.
ka lang sa urban, then,you can acquire 1.5 hectare of rural (so
pwede less).--- basta if you reach limit in one, you cannot
acquire the other.

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

INVOLUNTARY DEALINGS

PROPERTIES EXEMPT FROM EXECUTION: FAMILY HOME

INVOLUNTARY DEALINGS transactions affecting land in which


cooperation of registered owner is not needed: it may even be
against his will (ex: adverse claim)

ATTACHMENT How continued, reduced or discharged

Any method sufficient in law

Document to be registered

ATTACHMENT

A writ issued at the institution or during progress of an


action commanding the sheriff to attach the property,
rights, credits or effects of the defendant to satisfy
demands of the plaintiff

Kinds: a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION OF ATTACHMENT/OTHER LIENS
4blue95: registration in this area, unlike in voluntary,is only upto
entry in daybook (June 18,2007 Bar Matter).
1.

Copy of writ in order to preserve any lien, right or


attachment upon registered land may be filed with ROD
where land lies, containing number of certificate of title
of land to be affected or description of land
2.
ROD to index attachment in names of both plaintiff &
defendant or name of person whom property is held or
in whose name stands in the records
3.
If duplicate of certificate of title is not presented:
a.
ROD shall within 36 hours send notice to
registered owner by mail stating that there
has been registration & requesting him to
produce duplicate so that memorandum be
made
b.
If owner neglects or refuses ROD shall
report matter to court
c.
Court after notice shall enter an order to
owner to surrender certificate at time &
place to be named therein
4. Although notice of attachment is not noted in duplicate,
notation in book of entry of ROD produces effect of
registration already
EFFECT OF REGISTRATION OF ATTACHMENT:
1.
2.
3.
4.

Creates real right


Has priority over execution sale
But between 2 attachments one that is earlier in
registration is preferred
If not registered actual knowledge is same as
registration

DUTY OF REGISTER OF DEEDS

Basically ministerial but may refuse registration in ff


circumstances:
1.
Title to land is not in the name of defendant
2.
No evidence is submitted to show that he
has present or possible future interest in land

3.

Unless: heir

1.
EXECUTION SALE
-To enforce a lien of any description on registered land, any
execution or affidavit to enforce such lien shall be filed with ROD
where land lies
-Register in registration book & memorandum upon proper
certificate of title as adverse claim or as an encumbrance
-To determine preferential rights between 2 liens: priority of
registration of attachment
2.
TAX SALE
-Sale of land for collection of delinquent taxes and penalties due
the government
-In personam (all persons interested shall be notified so that they
are given opportunity to be heard)
-Notice to be given to delinquent tax payer at last known address
-Publication of notice must also be made in English, Spanish &
local dialect & posted in a public & conspicuous place in place
wherein property is situated & at main entrance of provincial
building
-Sale cannot affect rights of other lien holders unless given right to
defend their rights: due process must be strictly observed
-Tax lien superior to attachment
-No need to register tax lien because it is automatically registered
once the tax accrues
-But sale of registered land to foreclose a tax lien need to be
registered
PROCEDURE OF REGISTRATION OF TAX SALE:
1.
Officers return shall be submitted to ROD together
with duplicate title
2.
Register in registration book
3.
Memorandum shall be entered in certificate as an
adverse claim or encumbrance
4.
After period of redemption has expired & no
redemption (2 years from registration of auction sale)
cancellation of title & issuance of new one
5.
Before cancellation, notice shall be sent to registered
owner: to surrender title & show cause why it shall not
be cancelled
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION OF
ADVERSE CLAIM
1.
Make a statement in writing setting forth alleged
interest, from whom acquired, how acquired, no. of
certificate of land, name of registered owner,
description of land in which right/interest is claimed
signed & sworn to
2.
Statement shall be entitled to registration as adverse
claim on certificate of title
3.
Effective for 30 days from date of registration
4.
After 30 days, may be cancelled by filing of verified
petition by party in interest

Any party may petition in court to cancel


adverse claim

Court to grant speedy hearing

If adverse claim is adjudged invalid may


be cancelled

5.

No 2nd adverse claim based on same ground shall be


registered by same claimant

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


4blue95: even if it is good for 30 days,cancellation thereof is
necessary for it to be ineffective (and it be filed in ROD)

TRUST & POWER OF ATTTORNEY


TRUST obligation of a person to whom legal title to property is
transferred to hold the property according to confidence reposed in
him
2 KINDS:
1.
Expressed need to be in writing; cannot be proved by
parole evidence
2.
Implied exist by operation of law; can be proved by
parole evidence
a.
Property is bought but paid by another party
b.
Donation is made but donee have no
beneficial interest thereon
c.
Price of sale of property is loaned &
conveyance is made to lender to secure
fulfillment of loan
d.
Land passes by succession to a person but
legal title is put in anothers name
e.
2 persons purchase property but placed only
in ones name
f.
Guardian uses funds of ward to buy property
g.
Property is acquired thru mistake or fraud
POWER OF ATTORNEY authority granted to a person to dispose
ones property
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
1.
Trust has 3 parties while power of attorney has 2 parties
2.
Trust is for benefit of 3 rd party while power of attorney
is for benefit of principal
REGISTRATION OF TRUST
1.
Sworn statement claiming interest by reason of an
implied trust with description of land & reference to
number of certificate shall be registered in ROD
2.
Provided not prohibited to do so by instrument creating
the trust
APPOINTMENT OF TRUSTEE BY COURT

Certified copy of decree shall be presented to ROD &


surrender duplicate certificate

Cancel duplicate & new certificate shall be entered by


ROD
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST

Prescribes in 10 years

If acknowledged in written form becomes express


trust prescribes upon repudiation

REGISTRATION LIS PENDENS


4blue95: it is proper only if issue is ownership or possession of the
property (and also proper to partition and quiet of title just to name
a few)
PURPOSE: keep subject matter within the power of the court until
the entry of final judgment --- therefore creates merely a
contingency & not a lien
As such, since it is merely a contingency, then any party may sell
the property to third person but such person is not entitled as
innocent purchaser for value since his right is subject to the
contingency that if the other party(not the seller) wins then the
ownership of the land is not vested on the third person but on the
winning party and such shall be respected by the third person.
EFFECT OF REGISTRATION:
1.
Impossibility of alienating the property in dispute
during the pendency of the suit may be alienated but
purchaser is subject to final outcome of pending suit
2.
ROD duty bound to carry over notice of lis pendens on
all new titles to be issued
CANCELLATION OF LIS PENDENS:
1.
Before final judgment court may order cancellation
after showing that notice is only for purpose of
molesting an adverse party or it is not necessary to
protect rights of party who caused it to be registered
2.
ROD may also cancel by verified petition of party who
caused such registration
3.
Deemed cancelled when certificate of clerk of court
stating manner of disposal of proceeding is registered
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION

Sufficient that there is entry in day book


OTHER PARTIES WHO NEED TO REGISTER:
1.
ASSIGNEE IN INVOLUNTARY PROCEEDING FOR
INSOLVENCY

Duty of the officer serving notice to file


copy of notice to ROD where the property of
debtor lies

Assignee elected or appointed by court shall


be entitled to entry of new certificate of
registered land upon presentment of copy of
assignment with bankrupts certificate of
title (duplicate)

New certificate shall not state that it is


entered to him as assignee or trustee in
insolvency proceedings
JUDGMENT/ORDER
VACATING
INSOLVENCY
PROCEEDINGS

Order shall also be registered

Surrender title issued in name of assignee &


debtor shall be entitled to entry of new
certificate
2.

GOVERNMENT IN EMINENT DOMAIN

Copy of judgment file in ROD which states


description of property, certificate number,
interest expropriated, nature of public use

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

Memorandum shall be made or new


certificate of title shall be issued

4blue95:if issue is not ownership/possession ,but sum of money


,then lis pendens is not proper but preliminary injunction.
4blue95: a mere movant cannot file a notice of lis pendens.

TRANSMISSION BY DESCENT/DEVISE
WHEN OWNER OF PROPERTY DIES testate or intestate,
Administrator shall file with ROD registration of property in his
name to be vested with ownership as trustee so he can sell, etc,
convey, etc
Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
Heirs may partition estate immediately & no need to be burdened
with cost/expenses of an administrator
1.
In absence of debts
2.
Heirs are all of legal age
PARTITION/SETTLEMENT OF ESTATE
1.
JUDICIAL
After entry of final judgment of partition, copy certified by clerk of
court to be filed with ROD
Each owner to give separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of
title entered in his name upon presentment of order confirming sale
2.
EXTRAJUDICIAL
a.
Decedent died intestate
b.
No debts
c.
Heirs are all of legal age, or minors
represented by guardian
-Heirs to execute public instrument to be filed with ROD
-If disagree with each other, file in court ordinary action for
partition
-If there is only 1 heir, may adjudicate to himself entire estate via
affidavit to be filed with ROD
-If there are movables involved, bond to be filed equivalent to
value of property as certified under oath by parties conditioned
upon payment if any just claim which may be filed by creditor
within 2 years after distribution
-Publication in newspaper of general circulation for 3 weeks; not
binding to those without notice
-Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
-In provinces when person dies leaving property not covered by
Torrens system to avoid legal expenses, heirs make a list of
property, pay off debts & assign to each
-Statute of frauds do not operate because it is not a conveyance
but a separation of property and designation of part which belongs
to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with ROD a certified copy of his letters of
administration or the will if there is a will in order that ROD may
register upon certificate a memorandum with reference to file no &
date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1.
May be dispensed with if will empowers him sell
2.
Without authority first secured, heir may sell subject to
result of pending administration

LEASE
LEASE - one of the parties deliver possession of property to
another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
1.
File with ROD the instrument creating lease together
with Owners Duplicate of certificate of title
2.
ROD to register by way of memorandum upon
certificate of title
3.
No new certificate shall be issued

WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS


REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold cannot
be registered in the title thereof

EFFECT OF REGISTRATION:
1.
Creates a real right but without prejudice to rights of 3 rd
persons
2.
If not registered valid as between parties but not to 3 rd
persons without notice

REGISTRATION lessor not required to initiate; lessee shall initiate


ALIENS:
1.
2.

May be granted temporary rights for residential


purposes
Limit: 25 years, renewable for another 25 years

WHO ELSE MAY REGISTER: Builder in Good Faith

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


EXECUTION & REGISTRATION
1.
Execution of deed in a form sufficient in law (public
instrument)
2.
Registration with ROD where the land lies & take
effect upon registration
a.
Present deed of mortgage together with
owners duplicate
b.
Payment of fees
c.
ROD shall enter upon original certificate of
title & upon duplicate a memorandum
date, time of filing, signature, file number
assigned to deed
d.
ROD to note on deed the date & time of
filing & reference to volume & page of
registration book in which it was registered
3.
No duplicate need be issued

SUBJECT MATTER

Real property plus all its accessions unless contrary is


stipulated

Future property without legal effect

Future improvements deemed included

Fruits & rents of mortgaged property deemed included

Continuing credit secured by mortgage valid

REAL AND CHATTEL MORTGAGE

FORMS:
1.
2.

REAL ESTATE MORTGAGE


real property/real rights secures fulfillment of an obligation
KINDS:
1.
2.
3.
4.

Conventional agreed upon by parties


Legal created by operation of law
Judicial results from a judgment
Equitable pacto de retro in form but mortgage in
essence

ESSENTIAL REQUISITES:
1.
Constituted to secure fulfillment of principal obligation
2.
Mortgagor be absolute owner of thing mortgaged
3.
Person constituting mortgage has free disposal of
property
SPECIAL CHARACTERISTICS:
1.
Subject matter is realty
2.
Real right attaches to property wherever it is &
whoever holds it
3.
Accessory presupposes existence of valid principal
obligation; cannot stand alone
4.
Indivisibility even if debt is divisible; mortgage is not
5.
Inseparability mortgage lien is inseparable from
property
6.
Retention of possession - mortgagor retains possession
PACTO DE RETRO EQUITABLE MORTGAGE
1.
Price of sale with right to repurchase is usually
inadequate
2.
Vendor remains in possession as lessee or otherwise
3.
Upon or after expiration of right to repurchase, another
instrument extending period /granting new period is
executed
4.
Purchaser retains a part of the purchase price
5.
Vendor binds himself to pay taxes on thing sold
6.
Real intention of parties is that transaction shall secure
payment of debt or fulfillment of other obligation

3.

Private document void & inexistent


Public instrument but not recorded binding between
parties but not 3rd persons without notice
Public document & registered valid & binding to 3 rd
parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE:


Yes

If being withheld by the owner, ROD notifies by mail


within 24 hours to registered owner:
1.
Stating that mortgage has been registered
2.
Requesting that owners duplicate be
produced so that memorandum be made
thereof
Owner refuses to comply within reasonable time; ROD
to notify court & court may enter order requiring owner
to produce certificate

WHEN MORTGAGOR DIES


1.
Abandon security & prosecute his claim by sharing in
general distribution of assets of the estate
2.
Foreclose mortgage by making executor party
defendant
3.
Foreclose it in due time
4blue 95 Note: The election of one foreclose the others because
multiplicity of actions is abhorred. (Veloso vs. heredia, 33 Phil.
306).
PARTIES IN FORECLOSURE SUIT: all persons claiming interest
subordinate in right to mortgagee
ACTION TO FORECLOSE: Prescribes in 10 years (written contract)
VENUE: Per stipulation or in absence thereof, where the property
lies

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered
FORECLOSURE
1.

JUDICIAL
a.
Mortgagee to petition in court for
foreclosure
b.
Court to render order for debtor to pay sum
due within 90 days and if not paid from date
of service, property be sold at public auction
c.
Notice & Publication
d.
Public auction: sale to highest bidder
e.
Sheriff to issue certificate confirming
judicial foreclosure
f.
File with ROD final decree of court
confirming sale
g.
Memo entered in certificate of title
h.
If right of redemption exist, certificate of
title of mortgagor not to be cancelled but
memorandum shall be entered upon the
certificate duplicate & original
i.
After expiry of 1 year redemption period &
no redemption, title is consolidated to new
owner
j.
Purchaser to be entitled to new certificate of
title & memorandum endorsed on mortgage
deed
k.
If there is redemption, memorandum to be
annotated on certificate of title

BAR: X mortgaged his land to the Philippine National Bank


(PNB) to secure a promissory note. He defaulted in the payment of
the loan so that the land was sold at public auction on January 20,
1960 for P3,500 with the PNB as the highest bidder. On January
20, 1970 X offered to redeem the property in the amount of
P3,500. He enclosed a postal money order for P1,000 as partial
payment and stated that the balance is to be paid in 12 monthly
installments. The PNB then discovered that the sheriffs certificate
of sale prepared after the public auction on the land was not
registered so that it caused the same to be registered on January 30,
1970. The PNB refused the offer of X contending that the offer
to redeem was beyond the one-year period provided under Act. No.
3135 and that it was not accompanied by an actual and
simultaneous tender of the PNB, X filed an action to repurchase
on February 20, 1970. Will the action prosper? Give your reasons.
(Bar 1989).
ANS: Yes, the action will prosper. The redemption period of one
(1) year is to be counted from the registration of the sheriffs
certificate of sale. For this reason, the action has not yet prescribed.
In fact, tender of the redemption price is not necessary because the
filing of the judicial action to enforce the right of redemption
within the redemption period is sufficient.

BAR:In a judicial foreclosure of mortgage, is the right of


redemption absolute? State the rules.

Chattel Mortgage
Subject matter is movable
May be in private document provided there is affidavit of good
faith
No right of redemption
Deficiency cannot be recovered
ANS: In a judicial foreclosure of mortgage, the period of
redemption depends upon whether the order confirming the sale
would state a period of redemption. If it states so, then it shall
commence from the date of the confirmation of sale. If it is not
stated, then, there shall be no right of redemption.
If there is no right of redemption, the title of the mortgagor shall be
cancelled immediately and a title shall be issued in the name of the
mortgagee.

2.

EXTRA-JUDICIAL

Allowed only if stipulation between party


authorizes extra-judicial foreclosure

Cannot be made legally outside of city


where land lies

Publication required: post notices for 20


days in 3 public places where property lies
& if property is more than P400.00,
publication must be for 3 consecutive weeks
in news paper of general circulation

If foreclosure by rural banks, exempt from


publication in newspaper for loans not
exceeding 3,000.00

Registration of sale in ROD:


a.
Deed of sale must be supported
by certificate of sheriff that said
sale was conducted accordingly
stating the date, time, place of
sale, names of creditor & debtor,
description of property, name of
highest bidder, selling price
b.
Present in ROD where land lies
c.
Memorandum on back of
certificate is made
d.
After expiration of 1 year of
redemption period title is
consolidated if no redemption
exercised: purchaser to file with
ROD the deed of sale & sworn
statement attesting to fact that
there is no redemption
e.
New certificate of title issued in
favor of vendee
f.
If redeemed notice of
redemption shall be registered &
accomplished
by way of
memorandum
on
proper
certificate of title
RIGHT OF REDEMPTION

Payment of purchase price plus 1% per month plus


taxes if paid by purchaser

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007

To be exercised within 1 year after registration of sale

RIGHT TO DEFICIENCY allowed

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY


1.

2.

3.

4.

May be further alienated stipulation to contrary is


void

Assignment must also be registered since


registration is operative act to affect land

If not recorded valid as to parties but not


to 3rd parties, right not protected against
somebody who registers & procures better
right
May be further mortgaged stipulation to contrary is
void

No need to secure permission of mortgagee

Understood unless prohibited in contract


Pactum commisorium not allowed
a.
Property is mortgaged
b.
There is stipulation for automatic
appropriation
Discharge

Execute public document canceling or


releasing mortgaged in form prescribed by
law

Present instrument with ROD where land


lies together with owners duplicate for
registration

Memorandum of cancellation is annotated


on duplicate & original

BAR:X and Y secured a loan from ABC Bank secured by a real


estate mortgage over a parcel of land covered by a title. They
failed to pay their taxes during the existence of the loan, hence,
they city treasurer levied on the land and scheduled it for auction
sale. The city treasurer did not send a notice to the bank. At the
scheduled auction sale, it was sold to the highest bidder X and Y
did not redeem the land after one year so the treasurer executed a
final deed o sale. When the bidder (buyer) filed a petition to
require X and Y or the bank to surrender the title so that a new title
can be issued, the bank learned of the levy and asked the court to
annul the tax sale, especially so that it was scandalously sold for
only P2,871.00 compared to the mortgage of P290,000.00. Had

that bank been notified, it could have easily paid the tax
delinquency. Rule on the motion. Explain.
ANS: The bank is not correct. The mortgagee is not entitled as a
matter of right to a persona service of notice to the delinquent
taxpayer, otherwise, it would vitiate the sale. This is because the
sale does not operate to cancel or extinguish the pre-existing lien.
The new title to be issued in the name of Francisco must have an
annotation of said mortgage lien. Neither will the inadequacy of
the price vitiate the sale. While in ordinary sales, for reasons of
equity, the transaction may be invalidated due to inadequacy of
price as to shock ones conscience, such does not follow when the
law gives to the owner the right to redeem, as when a sale is made
at public auction upon the theory that the lesser the price, the easier
it is for the owner to effect redemption. So while the bank is not
entitled to notice as to give it a chance to pay the delinquent taxes,
it does not lose its lien on the property as to give it a chance to get
back what it has lent, together with interest. (Tiongco vs.
Philippine Veterans Bank, 212 SCRA 176).
BAR:Give the distinctions between equity of redemption and right
of redemption:
(1) In equity of redemption, the right is exercised before the
auction sale, while in right of redemption, the same is exercised
after auction sale;
(2) In equity of redemption, a check may be tendered as payment
because the owner is exercising a right, while in right of
redemption, a check may not be tendered because he is performing
an obligation.
CHATTEL MORTGAGE
CHATTEL MORTGAGE personal property is registered with ROD
to secure performance of an obligation
SUBJECT MATTER: movables
DEED OF MORTGAGE: requires only description to enable parties &
other persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
1.Execution of document
2.Payment of fees
3.ROD enters in DAY BOOK in strict order of their presentation
chattel mortgages & other instruments relating thereto (primary
process)
4.ROD thereafter enters in a more detailed form the essential
contents of the instrument in the Chattel Mortgage Register
(complementary process)
EFFECT OF REGISTRATION:
1.Creates a lien attaches to the property whoever holds it;
binding on subsequent purchasers
2.Constructive notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE void;
criminal act
EFFECT OF FAILURE TO REGISTER:
-Valid between parties but void against 3rd persons
-If instead of registration, it is delivered it shall be a pledge & not
chattel mortgage (if no chattel mortgage deed executed)
-Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT
1.Mortgage is made to secure obligation specified
2.Valid & just obligation
3.Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
-Vitiates mortgage as against creditors & subsequent
encumbrances
-Valid as between parties
-No need to be in public document

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


ASSIGNMENT OF MORTGAGE: NO NEED TO BE REGISTERED,
PERMISSIVE ONLY & NOT MANDATORY
CANCELLATION OF CHATTEL MORTGAGE: MORTGAGEE TO
EXECUTE A DISCHARGE OF THE MORTGAGE IN MANNER PROVIDED
BY LAW

FORECLOSURE OF MORTGAGE
There must first be non-payment & at least 30 days have elapsed
since then
Alternatives:
1.Judicial
2.Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1.Notice posted for 10 days in at least 2 public places in
municipality where property is to be sold designating the time,
place and purpose of sale
2.Mortgagor is notified in writing at least 10 days before sale
3.Public auction
4.30 days after sale, officer makes a return & file with ROD where
mortgage has been recorded
5.Officers return operates as a discharge of the lien created by the
mortgage
6.Proceeds to be applied:
A.Cost of sale
B.Amount of obligation
C.Subsequent mortgages
D.Balance mortgagor
RECOVERY OF DEFICIENCY: Allowed
PUBLIC LAND & HOMESTEAD
PUBLIC LANDS all lands owned by the government

Inalienable and alienable

Inalienable public domain: timber and miner lands

Alienable/ Disposable - public agricultural land


PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.
PROCEDURE:
1.
Official issuing instrument of conveyance to issue
instrument
2.
File instrument with ROD
3.
Instrument to be entered in books and owners duplicate
to be issued
4.
Instrument only contract between Government and
private person and does not take effect as conveyance if
unregistered, it is registration which is operative act of
conveying land; evidence of authority for ROD to
register
5.
Fees to be paid by grantee
6.
After issuance of certificate of title, land is deemed
registered land within the purview of the Torrens
system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED:
INDEFEASIBLE AND CONCLUSIVE

In absence of registration, title to public land is not


perfected and therefore not indefeasible

In case of 2 titles obtained on same date one procured


through decree of registration is superior than patent
issued by director of lands

2 titles procured by one person one from homestead


patent, one from judicial decree & sold to 2 different
persons, one who bought it for value and in good faith
& one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
Classification is exclusive prerogative of executive & not by
judiciary
Anyone who applies for confirmation of imperfect title has burden
of proof to overcome the presumption that the land sought to be
registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION:


1.
Agricultural only one subject to alienation
2.
Forest or timber
3.
Mineral lands
4.
National park
UNDER THE PUBLIC LAND ACT:
1.
Alienable/disposable
a.
Agricultural
b.
Residential, commercial, industrial
c.
Educational, charitable
d.
Town sites and for public and quasi-public
uses
2.
Timber lands - inalienable
3.
Mineral lands inalienable

If patent or title is issued void ab initio for


lack of jurisdiction

Not subject to acquisitive prescription; even


if in possession for long time, will not ripen
into ownership

Except: mineral lands and forest lands


acquired
before
inauguration
of
Commonwealth in November 15, 1935;
vested rights which are protected
FISHPONDS
Before: included in definition of agriculture, conversion of
agricultural land to fishponds does not change character of land
Now: restricted meaning; fishponds have a distinct category;
cannot be alienated but may be leased from government.
CONFIRMATION OF IMPERFECT TITLE:
1.
Last extension granted by Government was until
December 31, 2000 (area not exceed 12 hectares)
2.
Right made available to person qualified to acquire
alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.
a.
Prior to transfer of sovereignty from Spain
to US, have applied for purchase but did not
receive title, without default on their part
provided they have occupied since their
application
b.
In OCEN possession since June 12, 1945 or
earlier
c.
Members of cultural minorities in OCEN
who has claim of ownership for at least 30
years
2006 notes:In case of foreigner, sufficient that he is already
Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply
confirmation of imperfect title; can only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
Persons who obtained title from State or through persons who
obtained title from State
BAR:A was able to obtain a title over a property of public domain
classified as timber land.Is the title valid? Why?No, because the
property is not a disposable land of the public domain. Ownership
of such land is reserved to the State by the Constitution, hence a
certificate of title covering such timber and is void. (Republic vs.
CA, G.R. No. L-40402, March 16, 1987, 148 SCRA 488)
Suppose he already sold it to B, a buyer in good faith and for
value, can the State still recover it? Is the defense of prescription
available? Why?Yes, the State can still recover it because the title
has always been void, even if it was sold to a buyer in good faith
and for value. The action for reversion is imprescriptible.
(Republic vs. Animas, 56 SCRA 499). The reason for the rule is
that, prescription does not run against the State. Furthermore, if the
title is void, an action to declare its inexistence does not prescribe.
(Art. 1410, NCC).

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


2.
BAR: May forest land be owned by a private person? Why?
ANS: No, as in fact, it is not subject to registration, and possession
thereof, no matter how lengthy, cannot convert it into private
property (citing Vao vs. Govt. of P.I., 41 Phil. 161; Rep. vs. CA,
154 SCRA 476; Vallarta vs. IAC, 152 SCRA 679; Dir. of Forest
Administration vs. Fernandez, 192 SCRA 121), unless reclassified
and considered disposable and alienable. (Sps. Ignacio Palomo, et
al., vs. CA, et al.,. G.R. No. 95608, Jan. 21, 1997, 78 SCAD 115).
If there were improvements by the one who acquired it, the
improvements can be considered part of the reservation since he
knew or should have known that the land is inalienable.
DIRECTOR OF LANDS

Quasi-judicial officer

Findings of fact conclusive on higher court with


absence of fraud, mistake other than error of judgment;
but not with regards to finding of law

Empowered to alienate and dispose lands


MODES OF ALIENATING PUBLIC LANDS:
1.
Homestead settlement
2.
Sale
3.
Confirmation of imperfect or incomplete title
a.
Judicial legalization
b.
Administrative legalization
Lease not included since lease does not transfer ownership; freetitle grant: free distribution of public lands to encourage people to
cultivate; government furnishes the applicant with tolls plus cash
allowance to enable him to cultivate
HOMESTEAD PATENT
WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY
OPERATION OF LAW:
1.
Deed of conveyance issued by government patent/grant
2.
Registered with ROD mandatory: operative act to
convey & transfer title
3.
Actual physical possession, open & continuous

Land ceased to be part of public domain &


now ownership vests to the grantee

Any further grant by Government on same


land is null & void

Upon registration, title is indefeasible


TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
1.
Indefeasible when registered, deemed incorporated
with Torrens system; 1 year after issuance of patent
2.
May not be opened one year after entry by LRA;
otherwise, confusion, uncertainty & confusion on
government system, of distribution of public lands may
arise & this must be avoided
Except: annullable on ground of fraud, may be
reopened even after 1 year because registration does not
shield bad faith

Court in exercise of equity jurisdiction may


direct reconveyance even without ordering
cancellation of title
AIM OF HOMESTEAD PATENT:

Benevolent intention of government to distribute


disposable agricultural land to destitute citizens for
their home and cultivation

As a matter of public policy, may be repurchased


even if after 5 years provided not for profit

Right of repurchase not allowed if sold within


family & not for cultivating or living but for
speculation purpose
RESTRICTIONS:
1.
Cannot be alienated within 5 years after approval of
application for patent

3.
4.

Cannot be liable for satisfaction of debt within 5 years


after approval of patent application
Subject to repurchase of heirs within 5 years after
alienation when allowed already
No corporation, partnership, association may acquire
unless solely for commercial, industrial, educational,
religious or charitable purpose or right of way subject
to consent of grantee & approval of Secretary of
Natural resources

EXCEPTIONS:
1.
Action for partition because it is not a conveyance
2.
Alienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO

Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe


HOMESTEADER

If he dies, succeeded by heirs in the application


LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS
(CULTURAL MINORITIES)

Conveyance is valid if able to read and can understand


language where deed is written

Otherwise, not valid unless approved by Commission


on National Integration

Safeguard is to protect them against fraud/deceit


BAR:If a parcel of land covered by a homestead patent is sold,
what is the period of redemption?
ANS: Every conveyance of land acquired under the free patent or
homestead provisions, when proper, shall be subject to repurchase
by the applicant, his widow, or legal heirs, within a period of five
(5) years from the date of the conveyance. (Sucaldito vs. Montejo,
G.R. No. 75080, Feb. 6, 1991). The one-year redemption period
under the Rules of Court shall be added to the five-year period.
The rule is designed for the protection of the owner or awardee.
With or without the provision in the deed of absolute sale giving
the homesteader the right to repurchase the property, he is entitled
to repurchase the provision o law. (sec. 119, The Public Land Act
or C.A. No. 141; Berin vs. CA, G.R. No. 7490, Feb. 27, 1991).
BAR:As father was he original homesteader of a parcel of land
covered by a homestead patent on June 3, 1932. On April 27, 1958,
As father sold the sad property to B. On July 15, 1962, As father
died. On March 15, 1963, A sought to repurchase the property from
B who refused. Can A repurchase the property?
Yes. The law provides that every conveyance of land acquired
under the free patent or homestead provision, when proper, shall be
subject to repurchase by the applicant, his widow, or legal heirs,
within the period of five (5) years from the date of conveyance.
The reason for the law is to preserve and keep in the family of the
homesteader that portion of land which the State gratuitously gave
him. The right exists in the homesteader and his heir. (Pascua vs.
Talens, 89 Phil. 792).
BAR:Henry was granted a homestead patent on Jan. 2, 1985. On
December 19, 1989, he sold it to Antonio. Is the sale valid? Why?
ANS: No, the sale is void, because the law prohibits the sale of the
land covered by a homestead patent within five (5) years from the
issuance of the patent. Public policy demands that Henry must
keep it because it was given to him by the State gratuitously so that
he may have something to till and maintain for his family.
BAR:Tony was granted a homestead in 1970. In 1990, he sold it to
Artemio with the consent of the Director of Lands. Is the sale

LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007


valid? Yes, because the sale was outside the prohibition period of
five (5) years. The public policy that is sought to be prescribed by
the law does not exist anymore.

BAR:A parcel of land was classified as pubic land suitable for


fishpond development. Does the fat that I was transformed into a
fully developed fishpond not mean that it has its character as one
declared suitable for fishpond purposes under P.D. No. 704, Sec.
4? HELD: No, It is settled under the Public Land Law that
alienable public land held by a possessor, personally or through his
predecessor-in-interest, openly, continuously, and exclusively for
time. However, only public lands classified as agricultural are
alienable and their possession, no matter how long continued,
cannot ripen into ownership. (republic vs. CA, et al., G.R. No.
122269, September 30, 1999, 113 SCAD 367).
May a forest land be acquired? Why?
ANS: No. Unless and until the land classified as forest is released
in an official proclamation to that effect, so that it may form part of
the disposable agricultural lands of the public domain. The rules on
confirmation of imperfect title do not apply. (Almeda vs. CA, G.R.
No. 85322, April 30. 1991).
Possession of forest lands, however long, cannot ripen into private
ownership. A parcel of forest land is within the exclusive
jurisdiction of the Bureau of Forestry and beyond the power of the
cadastral court to register under the Torrens system. (Dir. of Lands
vs. Heirs of Tesalona, G.R. No. 66130, Sept. 8, 1994, 55 SCAD
236).

CADASTRAL PROCEEDING COMPARED


TO ORDINARY REGISTRATION
CADASTRAL
Party
Initiating
Subject
Matter
Ownershi
p
Survey

ORDINARY

Government

Private Individual

Private and Public

Private Lands

Government does not


assert ownership
Interested only in
settlement of titles
Government undertakes
survey and advances
expenses
In absence of successful
claimant, property goes
to government

Ownership is Asserted

address is known & other copies posted in


conspicuous place designated by law
4.

FILING OF ANSWER

Any person claiming interest in any part of


lands subject to petition is required to file
answer

Answer must give the ff details:


a.
Age of claimant
b.
Cadastral number of lot claimed
c.
Name of barrio or municipality
where lot is located
d.
Name of owners of adjoining lots
e.
If in possession & without grant
no of years in possession
f.
If not in possession state
interest claimed
g.
If assessed of taxation assessed
value
h.
Any encumbrances affecting said
lots

5.

HEARING OF CASE

In any convenient place where land lies

Like an ordinary RTC trial

Conflicting claims are determined

Lots claimed are awarded to persons entitles


if they could prove title

If none could prove title land is declared


public domain

6.

DECISION:Claimants are notified of decision

7.

ISSUANCE OF DECREE AND CERTIFICATE OF


TITLE

Upon order of court, LRA to enter decree of


registration

Decree made basis for issuance of OCT

Decree is now being directly prepared and


issued on regulation forms of such
certificate

On account of owner
Applicant has another
chance to claim is
dismissal is without
prejudice

CADASTRAL PROCEEDINGS
PURPOSE:

Another means to bring lands under operation of


Torrens System

Ordinary registration is slow for lack of initiative on


part of landowners, innovation was conceived to hasten
and accelerate registration

Government initiates that all lands within a stated


region are up for registration whether or not owners
are interested to settle their titles
NATURE OF PROCEEDINGS:

In rem

No defendant & no plaintiff

Compulsory
PROCEDURE:
1.

2.

3.

CADASTRAL SURVEY

In opinion of Phil president pursuant to


requirement of public interest, title of land
within a specified area needs to be settled
and adjudicated

Order Director of Lands to make survey and


plan

Director gives notice to persons claiming


interest in lands & to gen public of day of
survey published in OG and posted in
conspicuous place on lands to be surveyed

Geodetic engineers commences survey

During survey, boundaries are marked by


monuments

FILING OF PETITION

After survey and plot been made, Director


represented by Sol Gen institutes cadastral
proceeding by filing petition in court against
holders, claimants, possessors, occupants

Parcel of lots given their cadastral numbers

PUBLICATION OF NOTICE OF HEARING

Court to order date of hearing

LRA to notify public by publishing notice


1x in OG and 1x in newspaper of general
circulation & copy mailed to person whose

NATURE OF TITLE COVERED BY 2 ACTS:

Title in good faith & for value

Errors in plan do not annul decree of registration

Cancellation & correction are permitted


LAND ALREADY REGISTERED

Jurisdiction is limited only to correction of technical


errors

Court cannot issue decree on land already decreed

Revision of decree allowed when substantial rights are


not impaired; what is prohibited is registered land to be
registered again in name of another

Jurisdiction subsists to all incidental matters


WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED

10 years

Persons claiming title but were unable to file their claim


even while in possession are granted right to petition
for reopening of proceedings provided such were not
alienated, leased or disposed by government
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY
DIRECT SHERIFF TO DELIVER POSSESSION

Provisions of land registration act applicable to


cadastral proceedings