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Chapter 2: Torrens System: Origin, Nature, and General Characteristics

I. Origin of the Torrens System

II. Basic Idea of the System

1. Filing of application to have the land placed in the name of owner in feesimple on the register of title
2. Application be submitted for scrutiny to a barrister or conveyance (Examiners
of title)
3. Examiners of title determine whether:
a. Description of the land to be registered is definite and clear
b. Applicant is in undisputed possession thereof
c. Applicant appears to be the rightfully entitled thereto
d.
It can be safely concluded that no other person may be
prejudiced by the adjudication of the property to the applicant
4.
Upon passing, certificate of title is issued describing the nature of his
estate and his certificate vests upon him an indefeasible title.
III. Advantages of the System
1.
Abolishes endless fees
2.
Eliminates repeated examinations of title
3.
Reduces records enormously
4.
Instantly reveals ownership
5.
Protects against encumbrances not noted on the Torrens certificate
6.
Makes fraud almost impossible
7.
It assures.
8.
Keeps up the system without adding to the burden of taxation because
the beneficiaries of the system pay the fees
9.
Eliminates tax titles
10.
Gives practically eternal title as the State insures perpetually
11.
Furnishes state title insurance instead of private title insurance
12.
Makes possible the transfer of titles or loans within the compass of
hours instead of a matter of days and weeks
III.

Comparative benefits offered

1. Substituted security for insecurity
2. Reduced the cost of conveyance from pounds to shillings, and the time
occupied from months to days
3. Exchanged brevity and clearness for obscurity and verbiage

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4. Simplified ordinary dealings

5. Affords protection against fraud
6. Restored to their just values many estates, held under good-holding titles
but depreciated in consequences of some blur or technical defect and has
barred the reoccurrence of any similar faults
7. Largely diminished the number of chancery suits by removing those
conditions that afford ground for them
8. Safeguards the rights of infants and others under disability
V. Stability owed to Government backing
Theory of the Assurance Fund: The act of registration is the operative act, and the
transfer and vesting of the title is effected, not by the execution of an instrument of
transfer, not by the act of the owner of the land, not by the transfer of a valid title
by the transferor, but by the State acting through its officer, the Registrar; and
because it transfers and vests the title by the issue of a certificate which is declared
by statute to be conclusive evidence of an indefeasible title to the land, the State
creates a fund for the compensation of such persons as may be injured by the
divesting and cutting off of rights and interests under this statutory declaration.
VI. Purpose of Torrens Law
Quiet Title to land
Put a stop forever to any question of the legality of the registration in the
certificate, or which may arise subsequent thereto
Relieves the land of unknown liens or claims, just or unjust, against it
VII. Persons bound notwithstanding lack of registration
Grantor
His heirs and devisees
3rd person having actual notice or knowledge
VIII. Laws governing the Torrens System
Law

Nature

Antecedent

Land
Judicial
but Treaty of Paris
Registration Voluntary
Act
(Act
496)

Purpose
Enacted to place PH in the Torrens
System

Cadastral
Judicial
but Cadastral Survey Bring more lands into the coverage
Act
(Act Compulsory was
made of the Torrens System
2259)
municipality
by
municipality
(1903)
Public Land Judicial
or
Act
(CA Administrativ
141)
e

Property
Registration
Decree (PD
1529)
Indigenous
Peoples

Manifestation of the long standing

government policy of bringing into
the Torrens System the lands which
are segregated from the public
domain
To
Further strengthened the Torrens
update/supplemen System
t Registration Laws
Protects the indigenous people with
respect to their ancestral domains

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Rights Act
(IPRA)
IX. Codification of Registration Laws
Presidential Decree No. 1529:
issued on June 11, 1978,
entitled Property Registration Decree.
all pre-existing laws, decrees, orders, rules and regulations, or parts thereof,
in conflict or inconsistent with any of the provisions of the new Decree have
been repealed or modified accordingly.
To cope with the growing need to update the Land Registration Act and to
codify the various other laws relative to registration of property, and further
with a view to strengthen the Torrens system
X. Outline of general procedure in an ordinary land registration case
1. Survey of Land by the Bureau of Lands or a duly licensed private surveyor
2. Filing of application for registration by the applicant
3. Setting of the date for the initial hearing of the application by the Court
4. Transmittal of the application and the date of initial hearing together with all
the documents or other evidences attached thereto by the Clerk of Court to
the LRA
5. Publication of a notice of the filing of the application and the date and place
of hearing once in the Official Gazette and once in a newspaper of general
circulation;
6. Service of notice upon contiguous owners, occupants, and those known to
have interest in the property by Sheriff;
7. Filing of answer or opposition by aforementioned parties who may be interest
in the land sought to be registered
8. Hearing of the case by the Court
9. Promulgation of judgment by the Court
10.Issuance of the decree by the Court declaring the decision final and
instructing the LRA to issue decree of confirmation and registration
11.Entry of the decree of registration in the LRA
12.Sending of copy of the decree of registration to the RD
13.Transcription of the decree in the registration book and the issuance of the
owner's duplicate original certificate of title of the applicant by the RD, upon
payment of prescribed fees
XI. New designations of Land Registration Commission and Registers of Deeds
Executive Order No. 292
instituted the Administrative Code of 1987
reorganized the National Land Titles and Deeds Registration Administration
renamed it Land Registration Authority to be headed by an Administrator
who is to be assisted by two Deputy Administrators.
The Office of the Register of Deeds for each city or province to be headed by
a Register of Deeds who is to be assisted by a Deputy Register.
XII. New designations of courts as reorganized
Judiciary Reorganization Act of 1980- the Court of Appeals has been abolished and
in lieu thereof there has been created the Intermediate Appellate Court with powers,
among other things, to try cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual issues in cases falling within
its original and appellate jurisdiction, including the power to grant and conduct new
trials or further proceedings.

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CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

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
2. Those who acquired ownership of private land by prescription
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law
Limitation to Ownership of Land by Corporation:
1. Private lands
At least 60% Filipino to acquire private land
Restricted as to extent reasonably necessary to enable it to carry out purpose
which it was created
If engaged in agricultural restricted to 1,024 ha.
2. Patrimonial property of state
Lease for 25 years renewable
Limited to 1,000 ha.
Apply to both Filipinos & foreign cos.
Form
1.
2.
3.
4.
5.

& Contents of Application:

In writing & signed by applicant or person duly authorized
Description of land
Citizenship
Civil status
Full names & address of occupants & adjoining owners

Where to file application

Court which has territorial jurisdiction over the property
may be filed with the clerk of the RTC of the province/city where the
land is situated
City of Manila: General Land Registration Office (Land Registration Authority)
Clerk of Court may not accept any application unless it is shown that the
applicant has furnished the Director of Lands with a copy thereof, including all
annexes
Fees payable upon filing application
Sec 111 of PD 1529: new schedule of fees payable to the clerk of court or his
deputies on the basis of its assessed value for the current year
not assessed for taxation: based on current market value (applicant shall file
a sworn declaration of 3 disinterested persons fixing such market value as to
their knowledge constitutes a fair valuation of the property)
Proceeding for registration of land, one in rem
may be instituted and carried to judgment without personal service upon the
claimants within the state or notice by mail to those outside of it.
binding and conclusive against all persons including the government and its
branches Cacho v. CA 269 SCRA 159
Action to recover title to land, one in personam
judgment therein is binding only upon the parties properly impleaded and
duly heard or given an opportunity to be heard
Action to recover a parcel of land is a real action, but an action in personam
it binds a particular individual only although it concerns the right to a tangible
thing

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Action for resolution of a contract of sale of real propety- action in personam

Object: bar indifferently all who might be minded to make an objection of any sort
against the right sought to be established: in rem
Quasi in rem distinguished from in rem
Quasi in rem
In rem
names a person as defendant, but its directed against the thing itself instead
object is to subject that person's interest of the person
in a property to a corresponding lien or
obligation
What
1.
2.
3.
4.
5.

to Accompany Application:
Tracing cloth plan duly approved by the Director of Lands
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
2. Substitution of name of new owner file motion with court
3. Decrease the area file motion in court
Where land borders on road
If the application describes the land as bordering on a public or private road,
the applicant should indicate whether he claims any potion, and whether he
desires to have the line of the way or road determined
Plans to be approved by Director of Lands and submitted in evidence
Signature of Directors of Lands on survey plan is required, otherwise the
title is void
Muniment of Title instruments or written evidences which applicant hold or
posses to enable him to substantiate & prove title to his estate
Land applied for when object of mortgage or lease
Executed after the time of the application & before the date of the
transcription of decree: applicant, if required by court, file a certified copy of
such mortgage or lease (original or certified copy depending on court's
discretion) before decree is entered, and no registration fee shall be charged
Pacto de retro: not only the vendor but also the vendee may apply for
registration with the vendor's right of repurchase stated in the decree as a
lien.
Court may require other papers
Transaction Took Place Before Issuance of Decree:
1. Record instrument in Register of Deeds in same manner as if no application
was made
2. Present instrument to RTC, motion praying that same be considered in
relation to the pending application
Transaction Took Place after Issuance of Decree:
Register directly with REGISTER OF DEEDS for purpose of canceling such title

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& issuing a TCT.

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