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Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title evidence of right of owner or extent of his interest, by which
means he can maintain control and as a rule assert right to exclusive
possession and enjoyment of property.
Deed instrument in writing 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.
Grantor
Grantee
Words of grant
Description of property
Signature of grantor
Witnesses
Types of estates:
1. 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
3 Stages of Development of Legal System of Transferring Titles:
Production & delivery of deed by grantor to grantee without registration
Deed of conveyance is recorded to bind 3rd persons
Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs
Purpose of Registration:
Serve as constructive notice
Prevent fraudulent claims
Protect interest of strangers to transaction
Modes of Acquiring Land Titles:
Title by public grant conveyance of public land by government to a private
individual
Title by acquisitive prescription open, continuous, exclusive, notorious
possession of a property
Title by accretion alluvion
Title by reclamation filling of submerged land by deliberate act and
reclaiming title thereto; government

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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
Title by emancipation patent or grant for purpose of ameliorating sad
plight of tenant-farmers; not transferable except by hereditary succession
Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL
CHARACTERISTICS
Advantages:
Abolishes endless fees
Eliminates repeated examination of titles
Reduces records enormously
Instantly reveals ownership
Protects against encumbrances not noted on the Torrens certificate
Makes fraud almost impossible
It assures
Keeps up the system without adding to burden of taxation; beneficiaries of
the system pay the fees
Eliminates tax titles
Gives eternal title as state ensures perpetuity
Furnishes state title insurance rather than private title insurance
Makes possible the transfer of titles or of loans within the compass of hours
instead of a matter of days
Purpose of Torrens Law: quiet title to land once registered, owner might
rest secure
Persons Bound When Title Not Registered:
Grantor
Heirs & devisees
Persons with actual notice
Procedure in Land Registration Case:
Survey of land by Bureau of lands or duly licensed private surveyor
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 the application,
date of initial hearing & other pertinent docs
Publication of notice of filing of application, date & place of hearing in OG
and in newspaper of general circulation
Service of notice contiguous owners, occupants & those who have interest
in property
Filing of answer or opposition to application
Hearing of case by RTC

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Promulgation of judgment by court

Issuance of decree by RTC decision; Instruct land registration authority to
issue decree of confirmation & registration
Entry of decree of registration in Land Titles Administration
Send copy of decree to Register of Deeds
Transcription of decree of registration in registration book & issuance of the
owners duplicate original certificate of title of the applicant by the Land
registration Authority upon payment of prescribed fees.
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION
PROCEEDINGS
Who may Apply:
Those in open, continuous, exclusive, notorious possession of patrimonial
property of state under bona fide claim of ownership since June 12, 1945 or
earlier
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:
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.
Patrimonial property of state
Lease for 25 years renewable
Limited to 1,000 ha.
Apply to both Filipinos & foreign cos.
Form & 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
What 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
Substantial change in boundaries or increase in area new technical
description necessary need new publication & notice
Substitution of name of new owner file motion with court

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Decrease the area file motion in court

Muniment of Title instruments or written evidences which applicant hold
or posses to enable him to substantiate & prove title to his estate
Transaction Took Place Before Issuance of Decree:
Record instrument in Register of Deeds in same manner as if no application
was made
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 & issuing a TCT.
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT
Notice in conspicuous place in land & bulletin board of municipality
14 days before hearing
Hearing within 7 days after publication in OG
25 90 days from date of order
To Whom Notice must be Sent:
City/municipal mayor & provincial governor
Department of Agrarian Reform, Solicitor General & Director of Lands ,
Director of Fisheries, Director of Mines
Adjoining owners & those who have rights or interest thereto
Requisites of Opposition:
Set forth objections to the application
State interest claimed by oppositor
General Default
If no person appears and answers within time prescribed
Special Default
Party appears at initial hearing without having filed an answer and ask court
for time to file answer but failed to do so within period allowed.
CHAPTER 5: HEARING & DECREE
Who Conducts Hearing:
RTC
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

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CHAPTER 6: JUDGMENT & DECREE

Decree issued by land registration authority containing technical
description of land; issued after finality of judgment
Decrees dismissing application
Decrees of confirmation and registration
Final after 1 year after decree
Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed conclusive against the
world
Put end to litigation
Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or extinguishment of new
rights; inclusion of new owners not allowed
Judgment decision of court constituting its opinion after taking into
consideration the evidence submitted
Writ of Possession order to sheriff to deliver the land to the successful
party litigant; no prescription
Against loser
Against anyone unlawfully & adversely occupying
When Writ may not Issue:
Person entered into property after decree- non claimant; had been there for
10 years
Means to Recover Possession:
Forcible entry
Unlawful detainer
Accion publiciana
Accion reindivicatoria
Res Judicata:
Former judgment must be final
Rendered by court having jurisdiction over subject matter & parties
Judgment on merits
Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
Motion for new trial must be brought within 15 days from notice of
judgment
Fraud, accident, mistake, excusable negligence which ordinary prudence
could not have guarded
Newly discovered evidence which could not be discovered & produced at
trial
Evidence insufficient to justify decision, decision is against the law
Appeal must be brought 15 days from notice of judgment
Review of decree of registration available to party deprived of day in court;

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became non-party due to misrepresentation; invoke actual fraud; before

expiration of 1 year; specific acts intended to deceive; will no longer prosper
if already transferred to innocent purchaser for value
Plaintiff is owner of land registered in name of defendant
Registration procured through actual fraud
Property has not issued to innocent purchaser for value
Action is filed within 1 year after issuance of decree of registration
Relief from judgment 60 days 6 months after entry of order; available to
party to case, FAME; after judgment; person deprived of right is party to
case
Reconveyance action in personam; available so long as property not
passed yet to innocent purchaser for value; bad faith or with notice of
defect
Recovery for damages
Person is wrongfully deprived of his land by registration in name of another
actual or constructive fraud
No negligence on his part
Barred/ precluded from bringing an action
Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE
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.
Process:
Within 15 days from finality of order of judgment directing registration of
title court to order Land registration Admin to issue decree of registration
and certificate of title
Clerk of court will send order of court & copies of judgment
Administrator to issue decree of registration & original & duplicate of OCT
signed by Administrator, entered & file decree of registration in LRA
Send to Register of Deeds original & duplicate of title & certificate for
entry in his registration book
Enter in record book, dated, signed, numbered & sealed take effect upon
date of entry
Register of Deeds to send notice to registered owner ready for delivery after
payment of fees
Register of Deeds shall send duplicate & note on each certificate of title to
whom it is issued
Original copy to be filed in Register of Deeds; bound in consecutive order.
Action for Partition, Splitting or Consolidation of Titles:
Splitting or consolidation ordinary Register of Deeds level, no court
involved

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Subdivision plan approval of NHA, final approval of LRA, then Register of

Deeds 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
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
Operative Act registration by owner; deed not registered binding only
between parties
Process of Registration:
File instrument creating or transferring interest and certificate of title with
Register of Deeds
Owners duplicate
Payment of fees & documentary stamp tax
Evidence of full payment of real estate tax
Document of transfer 1 copy additional for city/provincial assessor
Register of Deeds shall make a memorandum on the certificate of title,
signed by him
Issue TCT
Voluntary dealings
Need to present title to record the deed in registry & to make
memorandum on title.
Involuntary dealings
No presentation required; sufficient that annotation in entry book is
sufficient
Formal requisites of a deed:
Full name
Nationality
Place of residence
Postal address of grantee or other persons acquiring or claiming interest
Civil status
Whether or not corporation:
a. Register of Deeds to keep an entry book day book
b. 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
c. Fees of 5 bucks per document to be paid within 15 days
d. Note memorandum & sign & issuance of certificate
e. Documents are numbered & indexed & indorsed with reference to
certificate of title public records
f. Subject to reasonable regulation
Cost borne by vendor.
CHAPTER 9: REAL ESTATE MORTGAGE

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Real Estate Mortgage real property/real rights secures fulfillment of an

obligation
Kinds:
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:
Constituted to secure fulfillment of principal obligation
Mortgagor be absolute owner of thing mortgaged
Person constituting mortgage has free disposal of property
Special Characteristics:
Subject matter is realty
Real right attaches to property wherever it is & whoever holds it
Accessory presupposes existence of valid principal obligation; cannot
stand alone
Indivisibility even if debt is divisible; mortgage is not
Inseparability mortgage lien is inseparable from property
Retention of possession mortgagor retains possession
Pacto de Retro Equitable Mortgage
Price of sale with right to repurchase is usually inadequate
Vendor remains in possession as lessee or otherwise
Upon or after expiration of right to repurchase, another instrument
extending period /granting new period is executed
Purchaser retains a part of the purchase price
Vendor binds himself to pay taxes on thing sold
Real intention of parties is that transaction shall secure payment of debt or
fulfillment of other obligation
Real Mortgage

Chattel Mortgage

Subject matter is real property

Subject matter is movable

Public document only

May be in private document provided

there is affidavit of good faith

Right of redemption for 1 year

No right of redemption

Deficiency can be recovered

Deficiency cannot be recovered

Execution & Registration

Execution of deed in a form sufficient in law (public instrument)
Registration with Register of Deeds where the land lies & take effect upon
registration
Present deed of mortgage together with owners duplicate

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Payment of fees
Register of Deeds shall enter upon original certificate of title & upon
duplicate a memorandum date, time of filing, signature, file number
assigned to deed
Register of Deeds to note on deed the date & time of filing & reference to
volume & page of registration book in which it was registered
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
Forms:
Private document void & inexistent
Public instrument but not recorded binding between parties but not 3 rd
persons without notice
Public document & registered valid & binding to 3rd parties
May Mortgage be Registered Without Duplicate Title: Yes
If being withheld by the owner, Register of Deeds notifies by mail within 24
hours to registered owner:
Stating that mortgage has been registered
Requesting that owners duplicate be produced so that memorandum be
made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify
court & court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
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 3 rd parties, right not protected
against somebody who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
May be further mortgaged stipulation to contrary is void
Pactum commisorium not allowed
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing mortgaged in form
prescribed by law
Present instrument with Register of Deeds where land lies together with
owners duplicate for registration
Memorandum of cancellation is annotated on duplicate & original

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When Mortgagor Dies

Abandon security & prosecute his claim by sharing in general distribution of
assets of the estate
Foreclose mortgage by making executor party defendant
Foreclose it in due time
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
Foreclosure
1. JUDICIAL
Mortgagee to petition in court for foreclosure
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
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of mortgagor not to be
cancelled but memorandum shall be entered upon the certificate duplicate
& original
After expiry of 1 year redemption period & no redemption, title is
consolidated to new owner
Purchaser to be entitled to new certificate of title & memorandum endorsed
on mortgage deed
If there is redemption, memorandum to be annotated on certificate of title
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 Register of Deeds:
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
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
After expiration of 1 year of redemption period title is consolidated if no

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redemption exercised: purchaser to file with Register of Deeds the deed of

sale & sworn statement attesting to fact that there is no redemption
New certificate of title issued in favor of vendee
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
To be exercised within 1 year after registration of sale
Right to Deficiency allowed
CHAPTER 10: CHATTEL MORTGAGE
Chattel Mortgaged personal property is registered with Register of
Deeds 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
Execution of document
Payment of fees
Register of Deeds enters in DAY BOOK in strict order of their presentation
chattel mortgages & other instruments relating thereto (primary process)
Register of Deeds thereafter enters in a more detailed form the essential
contents of the instrument in the Chattel Mortgage Register
(complementary process)
Effect of Registration:
Creates a lien attaches to the property whoever holds it; binding on
subsequent purchasers
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
Mortgaged is made to secure obligation specified
Valid & just obligation
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

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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
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
Judicial
Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
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
Mortgagor is notified in writing at least 10 days before sale
Public auction
30 days after sale, officer makes a return & file with Register of Deeds
where mortgage has been recorded
Officers return operates as a discharge of the lien created by the mortgage
Proceeds to be applied:
Cost of sale
Amount of obligation
Subsequent mortgages
Balance mortgagor
Recovery of Deficiency: Allowed
CHAPTER 11: LEASE
Lease one of parties deliver possession of property to another who is
obliged to pay rent for use of such property.
Registration of Lease
File with Register of Deeds the instrument creating lease together with
Owners Duplicate of certificate of title
Register of Deeds to register by way of memorandum upon certificate of
title
No new certificate shall be issued
When Prohibition in Mortgaged Property as regards Subsequent
Conveyances, etc.: Leasehold cannot be registered in the title thereof.
Effect of Registration:
Creates a real right but without prejudice to rights of 3 rd persons
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:
May be granted temporary rights for residential purposes
Limit: 25 years, renewable for another 25 years

Who Else May Register: Builder in Good Faith

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CHAPTER 12: TRUSTS & POWERS OF ATTORNEY

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:
Expressed need to be in writing; cannot be proved by parole evidence
Implied exist by operation of law; can be proved by parole evidence
Property is bought but paid by another party
Donation is made but donee have no beneficial interest thereon
Price of sale of property is loaned & conveyance is made to lender to secure
fulfillment of loan
Land passes by succession to a person but legal title is put in anothers
name
2 persons purchase property but placed only in ones name
Guardian uses funds of ward to buy property
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
Trust has 3 parties while power of attorney has 2 parties
Trust is for benefit of 3rd party while power of attorney is for benefit of
principal
Registration of Trust
Sworn statement claiming interest by reason of an implied trust with
description of land & reference to number of certificate shall be registered in
Register of Deeds
Provided not prohibited to do so by instrument creating the trust
Appointment of Trustee by Court
Certified copy of decree shall be presented to Register of Deeds & surrender
duplicate certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST
Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon
repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
Involuntary Dealings transactions affecting land in which cooperation of
registered owner is not needed: it may even be against his will
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


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Kinds:
Preliminary
Garnishment
Levy on execution
Registration of Attachment / Other Liens
Copy of writ in order to preserve any lien, right or attachment upon
registered land may be filed with Register of Deeds where land lies,
containing number of certificate of title of land to be affected or description
of land
Register of Deeds 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
If duplicate of certificate of title is not presented:
Register of Deeds 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
If owner neglects or refuses Register of Deeds shall report matter to court
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 Register of Deeds produces effect of registration already.
Effect of Registration of Attachment:
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:
Title to land is not in the name of defendant
No evidence is submitted to show that he has present or possible future
interest in land
Unless: heir
Properties Exempt From Execution: Family Home
Attachment How continued, reduced or discharged
Any method sufficient in law
Document to be registered
EXECUTION SALE
To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with Register of Deeds 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

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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:
Officers return shall be submitted to Register of Deeds together with
duplicate title
Register in registration book
Memorandum shall be entered in certificate as an adverse claim or
encumbrance
After period of redemption has expired & no redemption (2 years from
registration of auction sale) cancellation of title & issuance of new one
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
Adverse Claim
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
Statement shall be entitled to registration as adverse claim on certificate of
title
Effective for 30 days from date of registration
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
No 2nd adverse claim based on same ground shall be registered by same
claimant
CHAPTER 14: REGISTRATION OF LIS PENDENS
Purpose: keep subject matter within the power of the court until the entry
of final judgment


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Therefore creates merely a contingency & not a liens

Effect of Registration:
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
Register of Deeds duty bound to carry over notice of lis pendens on all new
titles to be issued
Cancellation of Lis Pendens:
Before final judgment court may order cancellation after showing that
notice I sonly for purpose of molesting an adverse party or it is not
necessary to protect rights of party who caused it to be registered
Register of Deeds may also cancel by verified petition of party who caused
such registration
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:
ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
Duty of the officer serving notice to file copy of notice to Register of Deeds
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 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
GOVERNMENT IN EMINENT DOMAIN
Copy of judgment file in Register of Deeds which states description of
property, certificate number, interest expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be issued
CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
When Owner of Property Dies testate or intestate,
Administrator shall file with Register of Deeds 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
In absence of debts

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Heirs are all of legal age

Partition / Settlement of Estate
JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to
be filed with Register of Deeds
Each owner to gave 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
EXTRAJUDICIAL
Decedent died intestate
No debts
Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of Deeds
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 Register of Deeds
If there is 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 Register of Deeds a certified copy of his letters
of administration or the will if there is a will in order that Register of Deeds
may register upon certificate a memorandum with reference to file no &
date of filing
Court Authority Needed in Order to Sell
May be dispensed with if will empowers him sell
Without authority first secured, heir may sell subject to result of pending
administration
CHAPTER 16: 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.

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Upon entry of certificate in name of owner or TCT, of 1% shall be paid to

Register of Deeds based on assessed value of land as contribution to
assurance fund; if no assessment yet, sworn declaration of 2 disinterested
persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual
report of Treasurer to Secretary of Budget.
Who is Entitled:
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
No negligence attributable to him
Claimant is barred from filing action to recover said land
Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
Breach of trust
Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
Omission, mistake, misfeasance of Register of Deeds or clerk of court
Registration of 3rd persons as owner
Mistake, omission, misdescription in certificate of title, duplicate or entry in
books
Cancellation
Against whom Action is Filed:
Action due to deprivation of land due to mistake, negligence, omission of
Register of Deeds, etc Register of Deeds and National Treasurer as
defendants; Sol-Gen must appear
Private persons involved should also be impleaded
Liability:
Satisfy claims from private persons first
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:
Any court of competent jurisdiction RTC in city where property lies or
resident of plaintiff
Action prescribes in 6 years from time plaintiff actually suffered loss
If plaintiff is minor, insane or imprisoned has additional 2 years after

disability is removed to file action notwithstanding expiration of regular

period

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CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL

REGISTRATION
Lost Duplicate Certificate
Sworn statement that certificate is lost to be filed by person in interest with
Register of Deeds
Petition to court for issuance of new title
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
Adverse claim in registered land
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
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
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 provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because
no access
Contracts of lease, contract to sell but prescription and money claims are
not allowed
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
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
Recent ruling: adverse claim can only be removed upon court order
Petition Seeking Surrender of Duplicate Title
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 Register of Deeds
After hearing, may order issuance of new certificate and annul the old
certificate; new certificate shall contain annotation re annulment of old

certificate
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Amendment and Alteration of Certificate of Title

A certificate of title cannot be altered, amended except in direct proceeding
in court; summary proceeding
Entries in registration books also not allowed to be altered except by order
of the court
Grounds:
New interest not appearing on the instrument have been created
Interest have terminated or ceased
Omission or error was made in entering certificate
Name of person on certificate has been changed
Registered owner has married
Marriage has terminated
Corporation which owner registered land has dissolved and has not
conveyed the property within 3 years after its dissolution
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)
Alteration which do not impair rights and
Alteration which impair rights with consent of all parties
Alterations to correct obvious mistakes
Reconstitution of original certificate of tile
As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of
municipality at least 30 days before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of
Deeds
Lack of essential data fatal
Transaction evidenced by lost document how registered
Register of Deeds forbidden to effect registration of lost or destroyed
documents
Steps by interested parties:
Procure authenticated copy of lost or destroyed instrument
Secure an order from court
CHAPTER 18: FEES, OFFENSES, PENALTIES

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In connection with original and subsequent registration of lands payable to

Clerk of court, Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at least the entry fee of
5.00, rest of the fees due payable within next 15 days
Offenses:
Larceny
Perjury false statement under oath
Fraudulent procurement of certificate: fine of not more than 10,000 or
imprisonment of 5 years or both in discretion of court
Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
Forging of seal in Register of Deeds, name, signature or handwriting of any
officer of court of Register of Deeds
Fraudulent stamping or assistance in stamping
Forging of handwriting, signature of persons authorized to sign
Use of any document which an impression of the seal of the Register of
Deeds is forged
Fraudulent sale: sale of mortgaged property under the misrepresentation
that it is not encumbered; deceitful disposition of property as free from
encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both at
discretion of court
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
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:
Official issuing instrument of conveyance to issue instrument
File instrument with Register of Deeds
Instrument to be entered in books and owners duplicate to be issued
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 Register of Deeds
to register
Fees to be paid by grantee
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 thru decree of

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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 diff 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:
Agricultural only one subject to alienation
Forest or timber
Mineral lands
National park
Under the Public Land Act:
Alienable/disposable
Agricultural
Residential, commercial, industrial
Educational, charitable
Town sites and for public and quasi-public uses
Timber lands inalienable
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 has distinct category; cannot be
alienated but may be leased from government.
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:
Homestead settlement
Sale
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant:

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free distribution of public lands to encourage people to cultivate;

government furnishes the applicant with tolls plus cash allowance to enable
him to cultivate
Confirmation of Imperfect Title:
Last extension granted by Government was until December 31, 1987
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.
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
In OCEN possession since June 12, 1945 or earlier
Members of cultural minorities in OCEN who has claim of ownership for at
least 30 years
Max Land that can be Applied: 144 hectares
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 thru persons who obtained title
from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
Deed of conveyance issued by government patent/grant
Registered with Register of Deeds mandatory: operative act to convey &
transfer title
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
Indefeasible when registered, deemed incorporated with Torrens system; 1
year after issuance of patent
May not be opened one year after entry by Land Registration Authority;
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

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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:
Cannot be alienated within 5 years after approval of application for patent
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:
Action for partition because it is not a conveyance
Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared 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
CHAPTER 20: CADASTRAL REGISTRATION 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:
Cadastral survey

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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 address is known & other
copies posted in conspicuous place designated bylaw
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:
Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where lot is located
Name of owners of adjoining lots
If in possession & without grant no of years in possession
If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
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
Decision
Claimants are notified of decision
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 are now being directly prepared and issued on regulation forms of
such certificate
Nature of Title Covered by 2 Acts:

Title in good faith & for value

Errors in plan does not annul decree of registration
Cancellation & correction is 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 subsist to all incidental matters
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL

ORDINARY

Party
Initiating

Government

Private Individual

Subject
Matter

Private and Public

Private Lands

Ownership

Government does not assert

ownershipInterested only in
settlement of titles

Ownership is Asserted

Survey

Government undertakes
survey and advances
expenses

On account of owner

As to risk

In absence of successful
claimant, property goes to
government

Applicant has another

chance to claim is dismissal
is without prejudice

When can Cadastral Proceedings may be Opened

10 years up to Dec 31, 1968
Unable to file their claim even while in possession 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
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
System of registration for unregistered land under the Torrens System (ACT
3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better

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rights of 3rd person prior to registration (limited effect to 3 rd parties)

Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
Presentment of instrument dealing in unregistered land
If found in order registered
If found defective registration is refused writing his reason for refusal