Professional Documents
Culture Documents
2009
Atty. Palabricas Lectures
HISTORY
Spanish Influence Legal significance to ownership of the
land
Regalian Doctrine all lands are owned by the
State
How lands were owned during the Spanish Era
1. Titulo Real (Royal Title) Land is given to
Spanish people to encourage them to settle in
the Philippines. Among those granted are:
a. Discoverers
b. Settlers
2. Special Grant Grant given by the governor
assigned in the Philippines. No special law is
required to empower governor to grant.
3. Adjustment Title given to a person who has
ownership of land but the land was not defined.
By virtue of such, he acquires ownership of
encroached land.
4. Title of Purchase applicable to lands of public
domain
5. Possessory Information Title title showing
possession of land
Section 2, Article 12
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a. Description:
i. Government issues official certificate
showing ownership of title
ii. Subjects the same to liens or
encumbrances
iii. Indefeasible
iv. Incontrovertible after one year
b. Principles:
i. Best evidence of ownership
ii. Notice for the whole world that the
property belongs to the owner.
iii. Any claim over the land before issuance
of the Torrens title is deemed barred.
iv. Imprescriptible squatters will not
acquire ownership through prescription
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Applicant Requisites:
1.)
Filipino Citizen
Can a corporation be an applicant for
registration of land? Corporations cannot own
lands of Public Domain therefore cannot be an
applicant for original registration.
o BUT Filipino Corporations can own
private lands if land has already been
registered.
If owned previously by a private
individual, then sold to a Filipino
Corporation, the latter may
become an owner. This is
because the moment all the
requisites or application are
complied with, the owner may
be given ad GOVERNMENT
grant. (Republic vs Sineza)
In fact the corporation may
continue the application
proceedings when upon the
original registration of the owner
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2.)
Must have by themselves or through their
predecessors in interest possessed and occupied
alienable and disposable land.
Occupation of Predecessor-in-interest is
TACKED to the applicant, that it is not important
that the status of Alienable and Disposable
need not be since June 12, 1945. (Republic vs.
Naguit)
3.)
Must be open, continuous, exclusive and
notorious under a bona fide ownership since June 12,
1945.
4.)
Sec. 15 - Form
Signed
Writing
Under oath
State the description of the Land
Civil Status
Owners of Adjoining Lots
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RTC
Sec. 19 Amendments
1. Publication
a. Within 5 days upon receipt of application.
b. Court orders the publication
c. Once in Official Gazette and once n Newspaper
of General Circulation
2. Mailing
a. Within 7 days after publication of said notice in
O.G.
b. Commissioner of Land Registration causes
mailing
c. What to Mail Notice of initial hearing
d. Who to mail:
i. Mailing to Persons named in the
application
ii. DPWH, Governor, Mayor if adjoining a
public road
iii. Minister of Agrarian Reform, Sol-Gen,
Director of Lands, DPWH, Director of
Forest Development, Director of Mines,
Director of Fisheries and Aquatic
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3. Posting
a. Within at least 14 days before the date of initial
hearing.
b. Caused by the Sheriff
c. Posted in a conspicuous place on each parcel of
land included in the application and on the
bulletin board of municipal building.
III. OPPOSITION
Sec. 25 PD 1529
IV. HEARING
Sec. 27 PD 1529
A. Involves the presentation of evidence, what to prove?
1. The court has jurisdiction
2. Applicant is the Owner
3. The identity of the Land
4. Land is alienable and disposable
1.) How to prove jurisdictional area?
i. Publication
1. Copy of NPGC
2. Affidavit of the Editor
3. Copy of OG
4. Affidavit of OG
ii. Mailing
1. Affidavit of LRA
iii. Posting
1. Certification of the
Sheriff
2.) How to prove ownership?
i. Imperfect title pursuant to Sec.
14
3.) How to prove Land Identity?
i. Survey and Description by
Bureau of Land Management
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NON-REGISTRABLE LANDS
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REMEDIES
3. Through fraud
4. Petition is within one year from issuance of the
decree.
5. The property has not yet passed to an innocent
purchaser for
A. Who?
Any person including the government deprived of
their land may file petition for review. He does not need to be
an oppositor from the get-go.
B. When?
He must file the petition not later than 1 year from
the date of entry of decree of registration. This decree
pertains to that mentioned in Sec. 31 PD 1529.
Fraud must be Actual or Extrinsic fraud.
Extrinsic Fraud- any fraudulent act of the successful
party in a litigation which is committed outside the trial of a
case against the defeated party whereby said defeated party
is prevented from presenting fully and fairly his side the
case.
Intrinsic Fraud acts of a party in a litigation during
the trial such as forged instruments, or perjured testimony
which did not affect the presentation of the case but did
prevent a fair and just determination of the case.
5.) Action for Reconveyance may be filed when a person is
holding the property in trust in order to reconvey the land. In order to
transfer title to true owner. It does not however change the decree
issued as it respects the incontrovertibility of he title. May be availed
of even after the lapse of one year.
6.) Damages May be instituted when after the lapse of one year,
the property is sold to an innocent purchaser for value. Aggrieved
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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. CADASTRAL SURVEY
Conducted by the Director of Lands
2. 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
3. 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 address is known & other copies posted
in conspicuous place designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands subject
to petition is required to file answer
5. HEARING OF CASE
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CERTIFICATE OF TITLE
Sec. 44 Statutory Liens affecting title holder shall hold the title free
from all encumbrances except those noted on said certificate and
any of the following encumbrances which may be subsisting namely:
1. Those arising under the laws and Constitution which are
not require to appear of record in order to be valid
2. Unpaid real estate taxes levied and assessed within 2
years immediately proceeding the acquisition of any right
over the land by innocent purchaser for value without
prejudice to right of government to collect taxes payable
from that period
3. Public highway or private way established before the
registration
4. Any disposition of the property or limitation on the use
pursuant to Agrarian Reform
SUBSEQUENT REGISTRATION
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VOLUNTARY DEALINGS
Sec. 57 CONVEYANCE
How to Register:
Requisites:
1. It is to guarantee fulfillment of a principal obligation
2. Mortgagor is the Absolute Owner
Third persons may mortgage in favor
of a debtor if the former are not part of
the principal obligation
3. Mortgagor has free disposal of the property
Characteristics:
1.
2.
3.
4.
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Indivisibility
SC:
Equitable Mortgage is not a mortgage in form, but is
still a mortgage regardless of the name of the agreement.
Antichresis possession of land transferred to someone but
in favor of another person.
Inseparability
A Mortgage Lien is inseparable from property. Thus, if a
property is mortgaged and henceforth mortgaged again, the Lien on
the property still subsists.
Accessory
FORECLOSURE
Sec. 63
Judicial - General Rule is that there is no RIGHT of Redemption
Extra Judicial RIGHT of Redemption is available
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3. Hearing
a. Determine the amount of the loan that is due
4. Judgment
5. Auction Sale
6. Certificate of Sale issued by the Sheriff
7. Hearing for confirmation of Certificate issued by the
Sheriff
8. Order confirming the sale
9. Redemption if available
Generally none in Judicial
Foreclosure, exceptions:
1. Banking Institutions
2. DBP
3. Rural Banks
4. Banking and Financial
Insitutions
If the following are mortgaged
individually, property cannot be
redeemed except through EQUITY
redemption.
Equity Redemption, made within 1 year from the
confirmation of the Sale
JUDICIAL FORECLOSURE
Steps:
1. File a complaint in the RTC where the land is situated
a. All who has interest on the land are included as
party
2. Filing of an Answer by those who have interest on the
land
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EXTRA-JUDICIAL FORECOLOSURE
Allowed only if stipulated by the parties and expressly
provided by law.
Steps:
1. File for foreclosure of mortgage with RTC where the land
is situated through the Clerk of Court acting as the exofficio Sheriff.
2. Clerk of Court dockets and returns to examine the
application for Extra-Judicial foreclosure, after receiving
the Filing Fee
3. Publication of Notice of Auction Sale in 3 conspicuous
places
4. Raffle, the Sheriff the conducts the auction sale
5. Actual Auction sale
a. If the sale did not push through, there is a need
for republication of the notice
b. The Sheriff records the bidding
c. The Sheriff issues the certificate of Sale o the
highest Bidder
6. Mortgagee executes the deed of Sale.
The deed of sale is NOT absolute
because there is still a right of
redemption
INVOLUNTARY DEALINGS
Involves Involuntary Documents
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1. CA 459
2. Family Home exempt from
Execution
Steps:
1. Secure order of attachment with
description of property from the
Register of Deeds
2. Notice that the property is
Attached
3. Leave order with the Occupant
Adverse Claim
Purpose:
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Characteristics:
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF
LAW:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds 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
Terms:
Emporium power to govern subjects by the government
Dominium Power to use, dispose of natural resources, lands, by
the state
Public Domain Unappropriated, not owned
Public Land Disposable or Alienable
Ancestral Domain belongs to the indigenous
Delos Angeles vs. Santos - If public Land is granted to a private
person, the patent is null and void.
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HOMESTEAD PATENT
Aims:
Procedure:
RIGHT OF REPURCHASE
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CONSULTA
Emancipation Patent
o
o
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CERTIFICATE OF TITLE
Sec. 109-110
Certificate of Title
An evidence of ownership
Sec. 109 Owners Certificate of Title
Importance of keeping the certificate of title
o A forger may validly convey the property under
the following circumstances:
The transfer was made in the name of
the forger
It was conveyed to an Innocent
Purchaser for value
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