San Beda Land Titles and Deeds PDF

244
2005 CENTRALIZED BAR OPERATIONS
LAND TITLES & DEEDS

LAND REGISTRATION
Purposes:
1. To quiet title to land and to stop
forever any question as to the
legality of said title.
2. To provide a means of
publication
TORRENS SYSTEM
A system for registration of land
under which, upon the landowners
application, the court may, after
appropriate proceedings, direct the
issuance of a certificate of title.
Purposes:
1. To avoid possible conflicts of title
regarding real property,
2. To facilitate transactions relative
thereto by giving the public the right
to rely upon the face of the Torrens
certificate of title and to dispense
with the need of inquiring further
EXCEPT when the party concerned has
actual
knowledge
of
facts
and
circumstances that should imply a
reasonably cautious man to make such
further inquiry.
NOTE:
Registration was never intended as a
means of acquiring ownership.
(Republic vs. CA, 131 SCRA 539).
Registration is not equivalent to
title. Under the Torrens system,
registration only gives validity to the
transfer or creates a lien upon the
land. It was not established as a
means of acquiring title to the
private land because it merely
confirms, but does not confer,
ownership (Lu vs Manipon, 381 SCRA
788)
Lands
granted
under
Spanish
Mortgage Law which are not yet
covered by certificate of title under
Torrens System are considered as
unregistered lands. (Sec. 3 P.D.
1529)
TORRENS TITLE
Certificate of ownership issued by
the Register of Deeds, naming and
declaring the owner of the real
property described therein, free
from all liens and encumbrances
except such as may be expressly
noted thereon or otherwise reserved
by law.
Conclusive against the whole world,
including the government and to a
holder thereof in good faith, it is
guaranteed to be indefeasible,
unassailable, and imprescriptible.
Title once registered cannot be
impugned,
altered,
changed,
modified, enlarged, or diminished
except in some direct proceeding
permitted by law.
Probative Value: Torrens Title may
be received in evidence in all courts
of the Philippines, and shall be
conclusive as to all matters
contained therein, principally the
identity of the owner of the covered
land thereby.
MODES OF ACQUIRING TITLE: (PREPA2ID)
1. Public grant
based on the Public Land Acts
obtained through issuance of
Spanish Govt. of Royal Grants and
concessions to discoverers and
settlers.
2. Reclamation
filling up of parts of the sea for
conversion to land.
The SC has ruled that only the
National Government may engage in
reclamation projects. (Republic vs.
CA, 299 SCRA 199; P.D. 3-A.)
3. Emancipation patent or grant
based on P.D. No. 27 (CARP of
1972)
for the purpose of ameliorating
the sad plight of farmers and of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
San Beda College of Law
245
MEMORY AID IN CIVIL LAW
releasing them from the bondage of

the soil.
4. Private grant or voluntary transfer
5. Adverse possession or prescription
Adverse possession actual
possession of land in opposition to all
other claimants.
Prescription possession of land
for required number of years and
assertion of ownership through an
interrupted actual possession of
property within the period of time
prescribed by law.
6. Accretion
3 Requisites for accretion:
a) deposition of soil or sediment be
gradual and imperceptible;
b) result of the action of waters of
the river;
c) land where accretion takes place
is adjacent to bank of rivers or
sea coast.
Accretion does not automatically
become registered. It needs new
registration.
Accretions on the bank of a lake,
like Laguna de Bay, belong to the
owners of the estate to which they
have been added, while accretion on
the sea bank still belongs to the
public domain, and is not available
for private ownership until formally
declared by the government to be no
longer needed for public use.
(Republic vs. Amanda vda. De
Castillo, 163 SCRA 286)
Registration does not protect the
riparian owner against diminution of
land through accretion. If alluvium is
wiped away, registration is rendered
of no effect because subject is gone.
7. Involuntary alienation
E.g.
eminent
domain/expropriation
8. Descent or devise
By descent, title is acquired
when an heir succeeds the deceased
owner in testate or intestate.
By devise, person acquires land
from one who may not be a relative,
if he is named in the deceaseds will.
Administration of the Torrens System
1. Land Registration Authority (LRA)
Agency of the government charged
with the execution of laws relative
to the registration of lands and

under executive supervision of DOJ.
(Sec. 4 P.D. 1529)
Functions of the Administrator:
a. Issue decrees of registration
pursuant to final judgments of
the courts in land registration
proceedings and cause the
issuance by the Registers of
Deeds of the corresponding
certificates of title.
b. Exercise supervision and control
over all Registers of Deeds and
other
personnel
of
the
Commission.
c. Resolve cases elevated en
consulta by or on appeal from
the decision of the Register of
Deeds
d. Exercise executive supervision
over all clerks of court and
personnel of the courts with
respect to the discharge of their
duties and functions in relation
to the registration of lands
e. Implement all orders, decisions,
and
decrees
promulgated
relative to the registration of
lands and issue, subject to the
approval of the Secretary of
Justice, all needful rules and
regulations
f. Verify and approve subdivision,
consolidation, and consolidationsubdivision survey plans of
properties titled under Act 496
and PD 1529 except those
covered by PD 957.
g. Acts as clerk of court in land
registration proceedings
2. Register of Deeds (RD)
The public repository of records of
instruments affecting registered or
unregistered lands and chattel
mortgages in the province or city
wherein such office is located. (Sec.
10, P.D. 1529)
Function: To immediately register
an
instrument
presented
for
registration dealing with real or
personal property which complies
with
all
the
requisites
for
registration.
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
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DOCTRINES:
The function of the Register of
Deeds with reference to the
registration of deeds, encumbrances,
instruments
and
the
like
is
ministerial in nature (Baranda vs.
Gustilo, 165 SCRA 757)
The law on registration does not
require that only valid instruments
shall be registered. If the purpose of
registration is merely to give notice,
then questions regarding the effect
or invalidity of instruments are
expected to be decided after, not
before registration. It must follow
as a necessary consequence that
registration must first be allowed,
and validity or effect litigated
afterwards. (Almirol vs. The Register
of Deeds of Agusan, 22 SCRA 1152)
Instances
when
RD
may
deny
registration:
1. Where there are more than 1 copy
of the owners duplicate certificate
of title and not all such copies are
presented in the Register of Deeds
2. Where the voluntary instrument
bears on its face infirmity
3. Where the validity of the instrument
sought to be registered is in issue in
a pending court suit
4. When the document is not verified
and notarized (Gallardo vs. IAC, 155
SCRA 248)
Note:
A deed of sale executed in a
place other than where the property
is located does not affect extrinsic
validity of the instrument as long as
the notary public concerned has
authority to acknowledge the
document executed within his
territorial jurisdiction.
Notarial
acknowledgment
attaches full faith and credit to
document and vests upon it
presumption of regularity. (Sales vs.
CA, 211 SCRA 885, 865)
Ways of Registering Title
1. Judicial
filing of petition with the regular
courts
issuance of a decree by LRA
issuance of Original Certificate

of Title (OCT) by Register of
Deeds
2. Administrative
filing of application at CENRO/
PENRO
forwarded to the Reg. Director
and/or DENR for the issuance of
patent and Register of Deeds for
issuance of OCT
Registrable Lands:
1. Alienable public agricultural lands
2. Private lands
Non-registrable lands:
Those found in Civil Code provisions
dealing
with
non-registrable
properties (e.g. property of public
dominion)
Specific kinds of non-registrable
properties or lands:
a. Forest or timberland, public
forest, & forest reserve
b. Mangrove swamps
c. Mineral lands
d. Foreshore land & seashore
NOTE: Foreshore land is the strip of
land that lies between the high and
low water marks and is alternatively
wet and dry according to the flow of
the tide. It is part of the public
domain and not susceptible of
disposition except by lease (Roble
vs. Arbase)
e. Navigable rivers, streams &
creeks
f. Lakes
g. Military Reservations
h. Watershed
i. Grazing lands
j. Previously titled land
k. Alluvial deposit along river when
man-made
SYSTEMS OF REGISTRATION
1. ORIGINAL REGISTRATION UNDER PD
NO. 1529
NATURE: proceeding brought before
the Regional Trial Court ( as a land
registration court) to determine title
or ownership of land on the basis of
an application for registration or

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247
answer by a claimant in a cadastral

registration.
Kinds of Original Registration
1. Voluntary by filing with the proper
court
a) Under P.D. No. 1529 (Property
Registration Decree)
b) Under Sec. 48 of CA No. 141,
Public Land Act
2. Involuntary cadastral proceedings
compulsory registration initiated
by
the
government,
to
adjudicate ownership of land
involuntary on the part of the
claimants
but
they
are
compelled to substantiate their
claim or interest through an
answer
A. REQUISITES (STEPS) IN ORDINARY
LAND REGISTRATION PROCEEDINGS
(P.D. 1529): (SFS-TP-SFH-PIEST)
The following requisites must also be
complied with in the confirmation of
imperfect or incomplete title under
Section 48 (b) of the Public Land Act
1. Survey of the land by the Bureau of
Lands or a duly licensed private
surveyor;
NOTES:
must be drawn in a tracing cloth
plan
approved ONLY by the Director
of Land Management (authority
of LRA to approve such plan was
withdrawn by P.D. 239 dated
July 9, 1983)
2. Filing of Application for Registration
by the applicant;
NOTES:
always at the RTC of the
province, city or municipality
where property is situated.
it is then indorsed to the MTC if
there is no controversy over the
land or its value is less than
P100,000
in cases of delegated jurisdiction
to the MTC, appeal is direct to
the Court of Appeals
Bureau of Land must always be
furnished with a copy of the
petition
and
all
pertinent
documents
3.
4.
5.
6.
7.
8.
9.
10.
If land is situated between

boundaries of two provinces,
application must be filed:
a) boundaries are not defined
in the RTC of the place where it
is
declared
for
taxation
purposes;
b) boundaries are defined
separate plan for each portion
must be made by surveyor and a
separate application for each lot
must be filed with appropriate
RTC.
Setting of date for initial hearing by
the court;
Transmittal of Application and date
of initial hearing together with all
documents or other evidences
attached thereto by the Clerk of
Court to the Land Registration
Authority;
Publication of Notice of Filing of
Application and date and place of
hearing once in the Official Gazette
and once in a newspaper of general
circulation in the Philippines;
NOTES:
it is at this point that the court
acquires jurisdiction over the
subject matter
this is done by the Administrator
who acts as the clerk of court
Service of Notice upon contiguous
owners, occupants and those known
to have interest in the property by
the sheriff;
Filing of Answer or Opposition to
Application by any person whether
named in the notice or not;
Hearing of the case by the court;
NOTES:
Republication or amendment of
technical description of land is
necessary
when
there
is
substantial increase of the area
of the land. If increase is merely
minimal, no republication is
needed. (Benin vs. Tuason, 57
SCRA 531)
Promulgation of judgment by the
court;
Issuance of decree or order by the
court declaring the decision final and
instructing the Land Registration
Authority to issue a Decree of
Confirmation and Registration;
CIVIL LAW COMMITTEE

248
NOTES:
it is not the court BUT the LRA
which issues the decree of
confirmation and registration
1 year after issuance of decree,
it becomes incontrovertible and
amendments of the same will
not be allowed except merely in
case of clerical errors.
Decree of registration may be
reviewed on the ground of fraud
and must be filed within 1 year
from entry of the decree.
11. Entry of Decree in the Land
Registration Authority;
NOTE: This serves as the reckoning
date to determine the 1-year period
from which one can impugn the
validity of the registration.
12. Sending of copy of Decree to the
corresponding Register of Deeds; and
13. Transcription of Decree in the
registration book and issuance of
Owners
Duplicate
Original
Certificate of Title of the applicant
by the Register of Deeds upon
payment of the prescribed fees.
B.
Persons Who May Apply for
Registration: (Sec. 14, PD No. 1529)
1. Those who, by themselves or through
their predecessors-in-interest, have
been in open, continuous, exclusive
and
notorious
possession
and
occupation
of
alienable
and
disposable lands of the public
domain under a bona fide claim of
ownership since June 12, 1945, or
earlier;
2. Those who have acquired ownership
of private lands by prescription
under the provisions of existing laws;
of private lands or abandoned river
beds by right of accession or
accretion; and
of land in any other manner provided
for by law.
NOTES:
All these persons must be
natural-born Filipino Citizens.
However, by way of exception,
juridical persons may apply for
registration
of
leased
agricultural and disposable lands
not exceeding 1,000 hectares in

area for a period of 25 years and
renewable for not more than 25
years. (Sec. 3, Chapter XII, 1987
Constitution)
Notwithstanding the prohibition
in
the
1973
and
1987
Constitutions against private
corporations holding lands of the
public domain except by lease,
still a private corporation may
institute
confirmation
proceedings under Section 48(b)
of Public Land Act if, at the time
of institution of the registration
proceedings, the land was
already private land. (Dir. of
Lands vs. IAC and ACME
Plywood, 146 SCRA 509)
C.
Persons who cannot file an
application for registration
1. A public land sales applicant insofar
as the land covered by his sales
application is concerned. Reason:
he acknowledged that he is not the
owner of the land and that the same
is public land. [Palawan Agricultural
and Industrial Co., Inc. vs. Dir. of
Lands, 44 SCRA 15 (1972)]
2. A mortgagee or his successor in
interest
to
the
mortgage,
notwithstanding the lapse of the
period for the mortgagor to pay the
loan secured to redeem it. Reason:
such act would amount to a pactum
commissorium which is against good
morals and public policy. [Reyes vs.
Sierra, 93 SCRA 472, 480 (1979)]
3. An antichretic creditor cannot also
acquire by prescription the land
surrendered to him by the debtor.
Reason: His possession is not in the
concept of owner. [Ramirez vs. CA,
144 SCRA 292, 301 (1996)]
4. A person or entity whose claim of
ownership to land had been
previously denied in a reivindicatory
action. [Kidpales vs. Baguio Mining
Co., 14 SCRA 913, 916, 918 (1965)]
D.
Amendments to application that
require publication
RULES:
The court may order, at any time, an
application to be amended by

Ethics)
249
striking out one or more of the

parcels of land applied for or by a
severance of the publication (Sec. 18
P.D. 1529)
Amendments to the application
including joinder, substitution, or
discontinuance as to the parties may
be allowed by the court at any stage
of the proceedings upon just and
equitable terms.
In such cases,
publication is not necessary.
Publication and notice are necessary
where the amendment to the
application consists in:
a. substantial
change
in
the
boundaries
b. an increase in the area of the
land applied for
c. the inclusion of additional land
NOTE:
purpose of the new publication is
to give notice to all persons
concerned
regarding
the
amended application. Without a
new publication, the registration
court cannot acquire jurisdiction
over the area covered by the
original application, and the
decision of the registration court
would be a nullity insofar as the
decision concerns the newly
included land. (Benin vs. Tuason,
57 SCRA 531)
an amendment due to change of
name of the applicant does not
require republication [Dir. of
Lands vs. IAC, 219 SCRA 399, 345
(1993)]
2. SUBSEQUENT REGISTRATION
Where incidental matters after
original registration may be brought
before the land registration court by
way of motion or petition filed by
the registered owner or a party in
interest.
Rules as to the necessity and effects
of registration in general
a. Except a will that purports to
convey or affect a registered
land, the mere execution of
deeds of sale, mortgages, leases
or other voluntary documents
serves only 2 purposes: (1) as a
contract between the parties
thereto and (2) as evidence of
authority to the RD to register

such documents
b. It is only the act of registering
the instrument in the Register of
Deeds of the province of city
where the land lies which is the
operative act that conveys
ownership or affects the land
insofar as third persons are
concerned.
c. The act of registration creates a
constructive notice to the whole
world of such voluntary or
involuntary instrument or court
writ or process.
Scope of Subsequent dealings with
registered land
Voluntary
Involuntary
Dealings
Dealings
1. Concept Refer to
deeds,
instruments
or
documents
which are
results of
the free and
voluntary
acts of the
parties
thereto
2. Kinds
- sale
- real
property
mortgage
- lease
- pacto de
retro sale
-extra-
Refer to such
writ order or
process
issued by a
court of
record
affecting
registered
land which by
law should be
registered to
be effective,
and also to
such
instruments
which are not
the willful
acts of the
registered
owner and
which may
have been
executed
even without
his knowledge
or against his
consent.
attachment
- mandamus
- sale on
execution of
judgement
or sales for
taxes
CIVIL LAW COMMITTEE

250
judicial
settlement
- free
patent/
homestead
- powers of
attorney
- trusts
3. Effects An innocent
of
purchaser
registration for value of
registered
land
becomes
the
registered
owner the
moment he
presents
and files a
duly
notarized
and valid
deed of sale
and the
same is
entered in
the day
book and at
the same
time he
surrenders
or presents
the owners
duplicate
certificate
of title
covering the
land sold.
- adverse
claims
- notice of
lis pendens
Entry thereof
in the day
book of the
Register of
Deeds is
sufficient
notice to all
persons even
if the owners
duplicate
certificate of
title is not
presented to
the Register
of Deeds.
Rules and Doctrines:

1. Voluntary Dealings
In voluntary sale of land, the
registration of the instrument is
the operative act that transmits
or transfers title.
Where there is nothing on the
certificate of title to indicate
any cloud or vice in the
ownership of the property, or
any encumbrance thereon, the
purchaser is not required to
explore further than what the
Torrens title upon its face
indicates in quest for any hidden
defect or inchoate right that
may subsequently defeat his

right thereto. (Fule vs. Legare.
GR No. 17951)
The exception to the above rule
is embodied in the case of Dela
Merced vs. GSIS (365 SCRA 1)
where the court ruled that
when
the
purchaser
or
mortgagee
is
a
financing
institution, the general rule that
a purchaser or mortgagee of the
land is not required to look
further than what appears on the
face of the title does not apply.
Every person dealing with
registered land may safely rely
on the correctness of the
certificate
of
title
issued
therefore and the law will in no
way oblige him to go behind the
certificate to determine the
condition of the property. Even
if a decree in a registration
proceeding is infected with
nullity,
still,
an
innocent
purchaser for value relying on a
Torrens title issued in pursuance
thereof is protected (Cruz vs. CA
& Suzara, 281 SCRA 491)
Although generally a forged or
fraudulent deed is a nullity and
conveys no title, however, there
are instances when such a
fraudulent document
may
become the root of a valid title.
One such instance is where the
certificate of title was already
transferred from the name of
the true owner to the forger,
and while it remained that way,
the land was subsequently sold
to an innocent purchaser. (Fule
vs Legare)
In the case of Tomas vs. Tomas
(GR No. L-36897) the Supreme
Court ruled that above rule
cannot be applied where the
owner still holds a valid and
existing certificate of title
covering the same property
because the law protects the
lawful holder of a registered
title over the transfer of a
vendor,
bereft
of
any
transmissible right

Ethics)
251
Well settled is the rule that all

persons dealing with property
covered by Torrens certificate of
title are not required to go
beyond what appears on the face
of the title. When there is
nothing on the COT indicating
any cloud or vice in the
ownership of the property, or
any encumbrance thereon, the
purchaser is not required to
explore further than what the
Torrens Title upon its face
indicates in quest for any hidden
defect or inchoate right that
may subsequently defeat his
right thereto. [Centeno vs CA,
139 SCRA 545, 555 (1985)]
Exceptions for applicability:
1) purchaser in bad faith [Egao
vs. CA, 174 SCRA 484, 492
(1989)];
2) sufficiently strong indications
to impel closer inquiry into the
location,
boundaries
and
condition of the lot. (Francisco
vs. CA 153 SCRA 330, 336, 337);
3) where a person buys land not
from the registered owner but
from one whose right to the land
has been merely annotated on
the COT. (Quiniano vs. CA 39
SCRA 221);
4) purchaser of land the
certificate of title contains a
notice of lis pendens;
5) purchaser with full knowledge
of flaws and defects in the
title.(Bernales vs. IAC 166 SCRA
519, 524; Lu vs. Manipon, 381
SCRA 788)
2. Involuntary Dealings
Involuntary
dealings
affecting
registered land which must be
registered:
a. attachments
b. sale on execution or for taxes or
for any assessment
c. adverse claim
d. notice of lis pendens
Claim or interest is adverse when:
a. claimants right or interest in
registered land is adverse to the
registered owner;
b. such right arose subsequent to

date of original registration;
c. no other provision is made in the
Decree for the registration of such
right or claim
(Sec. 70, 1st par., P.D. 1529)
Formal requisites of an adverse
claim for purposes of registration:
a) adverse claimant must state the
following in writing:
1) his alleged right or interest
2) how and under whom such
alleged right or interest is
acquired
3) the description of the land in
which the right or interest is
claimed
4) the certificate of title
number
b) such statement must be signed
and sworn to before a notary
public
c) claimant shall state his residence
or place to which all notices may
be served upon him
an adverse claim is a notice to third
persons that someone is claiming an
interest on the property or has a
better right than the registered
owner thereof, and that any
transaction regarding the disputed
land is subject to the outcome of the
dispute (Sajonas vs CA, [GR No.
102377, July 5, 1996)
notice of lis pendens is intended to
constructively advise, or warn all
people who deal with the property
that they so deal with it at their own
risk, and whatever rights they may
acquire in the property in any
voluntary transaction are subject to
the results of the action, and may
well be inferior and subordinate to
those
which
may
be
finally
determined and laid down therein.
(Heirs of Maria Marasigan vs IAC. 152
SCRA 253).
Notice of lis pendens is proper in the
following cases:
1. to recover possession of real estate
2. to quiet title thereto
3. to remove clouds upon the title
thereof
4. for partition, and
CIVIL LAW COMMITTEE

252
5. any other proceeding of any kind in

court directly affecting the title to
the land or the use of occupation
thereof or the building thereon.
When
notice
of
lis
pendens
inapplicable: (PAPAL)
1. proceedings for the recovery of
money judgments
2. attachments
3. proceedings on the probate of wills
4. administration of the estate of
deceased persons
5. levies on execution
6. Foreclosure
NOTE: notice of lis pendens may be
cancelled in the following cases before
final judgment upon order of the court:
1. when it is shown that the notice is
for the purpose of molesting the
adverse party
2. when it is shown that it is not
necessary to protect the right of the
party who caused the registration
thereof
3. where the evidence so far presented
by the plaintiff does not bear out the
main allegations of the complaint
4. where the continuances of the trial
are unnecessarily delaying the
determination of the case to the
prejudice of the defendant
5. upon verified petition of the party
who caused the registration thereof
6. it is deemed cancelled after final
judgment in favor of defendant, or
other disposition of the action such
as to terminate all rights of the
plaintiff to property involved.
JUDICIAL
CONFIRMATION
OF
IMPERFECT OR INCOMPLETE TITLE
Applicants:
1. Filipino
citizens
who
by
themselves or through their
predecessors-in-interest
have
been in open, continuous,
exclusive
and
notorious
possession and occupation of
alienable and disposable lands of
public domain under a bona fide
claim of acquisition since June
12, 1945 or prior thereto or since
time immemorial (CA No. 141,
Section 48, as amended by PD

No. 1073, Sec. 4).
2. Filipino
citizens
who
by
themselves
or
their
predecessors-in-interest
have
been, prior to the effectivity of
PD 1073 on January 25, 1977, in
open, continuous, exclusive and
notorious
possession
and
occupation of agricultural lands
of the public domain, under a
bona fide claim of acquisition of
ownership, for at least 30 years,
or at least since January 24,
1947 (RA No. 1942).
3. Private
corporations
or
associations which had acquired
lands from Filipino citizens who
had possessed the same in the
manner and for the length of
time indicated in paragraphs 1
and 2 above
4. Natural-born citizens of the
Philippines who have lost their
citizenship and who has the legal
capacity to enter into a contract
under Philippine laws may be a
transferee of private land up to
a maximum area of 5,000 sq,m,
in case of urban land or 3
hectares in case of rural land to
be used by him for business or
other purposes. (Section 5, RA
No. 8179)
NOTE: When the conditions set by law
are complied with, the possessor of the
land, by operation of law, acquires a
right to a grant, a government grant,
without the necessity of a certificate of
the title being issued. The law, as
presently
phrased,
requires
that
possession of lands of the public domain
must be from June 12, 1945 or earlier,
for the same to be acquired through
judicial confirmation of imperfect title.
(Republic vs Doldol. 295 SCRA 359)
Applicant Must Prove:
1. That the land is alienable and
disposable land of public domain;
and
2. That they have been in open,
continuous, exclusive, and notorious
possession and occupation of the
land for the length of time and in

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253
the manner and concept provided by

law.
Extended period for filing of
application: Section 1, RA No. 9176
provides in part that The time to be
fixed in the entire archipelago for
the filing of applications under this
chapter shall not extend beyond 31
December 2020. Provided that the
area applied for does not exceed
twelve (12) hectares.
sections can only be granted if there

is unanimity among the parties, or
that there is no adverse claim or
serious objection on the part of any
party in interest; otherwise, the case
becomes controversial and should be
threshed out in an ordinary case or
in the case where the incident
properly belongs. (Tagaytay-Taal vs.
CA. 273 SCRA 182)
EXCEPTION: Delegated Jurisdiction of

Section 3 of RA No. 7196 provides
that All pending applications filed
before the effectivity of this
amendatory act shall be treated as
having been filed in accordance with
the provisions of this Act.
Filing of Application (Extent of
Jurisdiction)
GENERAL RULE: Application for land
registration shall be filed with the RTC
of the province or city where the land is
situated.
DOCTRINES:
PD No. 1529 has eliminated the
distinction between the general
jurisdiction vested in the RTC and
the limited jurisdiction conferred
upon it by the former law when
acting merely as land registration
court.
Aimed
at
avoiding
multiplicity of suits, the change has
simplified registration proceedings
by conferring upon the regional trial
courts the authority to act not only
on original applications but also
those
filed
after
original
registration, with power to hear and
determine all questions arising upon
such applications or petitions.
(Averia vs. Caguioa. 146 SCRA 459 ;
Ignacio vs CA 246 SCRA 242)
The issues raised before the RTC
sitting as a land registration or
cadastral court involved substantial
or
controversial
matters
and,
consequently, beyond said courts
jurisdiction.
The issues may be
resolved only by a court of general
jurisdiction. Thus, petitions under
Secs. 75 and 108 of PD 1529 can be
taken cognizance of by the RTC
sitting as a land registration or
cadastral court but relief under said
the MTC to hear and determine cadastral

or land registration cases covering lots
where there is no controversy or
opposition, or contested lots, the value
of which does not exceed P100,000.00
Publication, Mailing, and Posting
Requirements: (PMP)
compliance
is
mandatory
and
jurisdictional [Republic vs. Marasigan,
198 SCRA 219 (1991)]
1. Publication of notice of initial
hearing
Official Gazette and newspaper of
general circulation (Sec. 23, P.D.
1529)
Purposes:
a. To confer jurisdiction over the
land applied for upon the court
b. To charge the whole world with
knowledge of the application of
the land involved
NOTE: If it is later shown that the
decree of registration had included land
or lands not included in the original
application as published, then the
registration proceedings and the decree
of registration must be declared null and
void insofar but only insofar- as the
land not included in the publication is
concerned. This is so because the court
did not acquire jurisdiction over the land
not included in the publication- the
publication being the basis of the
jurisdiction of the court. (Benin vs.
Tuason. 57 SCRA 531)
If difference is not so substantial as
it would not affect the identity of
the land, republication is not
necessary.
If the amendment of the survey plan
during the registration proceedings
does not involve an addition, but on
CIVIL LAW COMMITTEE

254
the contrary, a reduction of the

original area that was published, no
new
publication
is
required.
[Republic vs. CA, 71 SCRA 665
(1996)]
Publication alone in newspaper of
general circulation would not suffice
to confer jurisdiction to RTC. It must
be published in the Official Gazette
in order that jurisdiction to court be
conferred.
2. Mailing
Mailing of the Notice of Hearing
Administrator of Land Registration
Authority shall cause a copy of the
notice of initial hearing of the
application to be mailed to the
following:
a) Every person named in the
notice whose address is known
b) Secretary of DPWH, Provincial
Governor, and Mayor of the
municipality or city, as the case
may be, in which the land lies, if
applicant requests to have the
line of a public way or road
determined
c) Secretary of DAR, Solicitor
General, Director of Land
Management, Director of Mines
and/or Director of Fisheries and
Aquatic Resources, as the case
may be, if the land borders on a
river, navigable stream or shore,
or on an arm of the sea where a
river or harbor line has been
established, or on a lake, or if it
otherwise appears from the
application that a tenant-farmer
or the national government may
have a claim adverse to the
applicant.
c) Posting
Posting of the copy of the Notice of
Hearing is a duty of the Sheriff which
must be made at least 14 days
before date of initial hearing, in
conspicuous places.
NOTE: Certification of the Administrator
of LRA and of the Sheriff concerned to
the effect that the notice of initial
hearing, as required by law, has been
complied with shall be filed in the case
before the date of initial hearing, and

shall be conclusive proof of such fact
(Secion 24, P.D. 1529).
NOTE: Service of Notice upon contiguous
owners:
indispensable
lack of service constitutes
extrinsic fraud
Answer or Opposition
oppositor to an application need not
be named in the notice of initial
hearing.
adverse claimants must set forth in
their answer all their objections to
the application and must claim an
interest to the property applied for,
based on a right of dominion or some
other real right independent of, and
not at all subordinate, to the rights
of the government.
The
following
may
be
proper
oppositors:
1. a homesteader who have not yet
been issued his title but who had
fulfilled all the conditions required
by law to entitle him to a patent;
2. a purchaser of friar land before the
issuance of the patent to him; and
3. persons who claim to be in
possession of a tract of public land
and have applied with the Bureau of
Lands for its purchase.
Evidence
The applicant must prove:
1. that the land applied for has been
declassified from the forest or
timber zone and is a public
agricultural land, is alienable and
disposable, or otherwise capable of
registration.
NOTE: Specific evidence
a) Presidential proclamation
b) Executive Order
c) Administrative Order issued by
the Secretary of DENR
d) Bureau of Forest Development
Land Classification Map
e) Certification by Director of
Forestry
f) Investigation reports of Bureau
of Lands investigator
g) Legislative act or by statute

Ethics)
255
2. The identity of the land

NOTE: Proof of Identity of land
a) Survey plan in general
b) Tracing cloth plan and blue print
copies of plan
c) Technical description of the land
d) Tax declarations
e) Boundaries and area
3. Possession and occupation of the
land for the length of time and in
the manner required by law
Effect of Possession
General Rule: Open, exclusive and
undisputed possession of alienable public
land for the period prescribed by law
creates the legal fiction whereby the
land, upon completion of the requisite
period ipso jure and without need of
judicial or other sanctions, ceases to be
public land and becomes private
property.
The present possessor may
complete the period necessary for
prescription by tacking his possession
to that of his grantor or predecessorin-interest (Article 1138, Civil Code)
Tacking of possession is allowed
only when there is privity of contract
or relationship between the previous
and present possessors [South City
Homes, Inc. vs. Republic, 185 SCRA
700 (1990)]
Insufficient proofs of possession:
a) mere casual cultivation of portions
of the land by claimant. Reason:
possession is not exclusive and
notorious so as to give rise to a
presumptive grant from the State
(Republic vs. Vera, 120 SCRA 210;
Director of Lands vs. Reyes 68 SCRA
177)
b) tax declaration of land sought to be
registered which is not in the name
of applicant but in the name of
deceased parents of an oppositor.
Reason: possession of applicant is
not completely adverse or open, nor
it is truly in the concept of an
owner. (Sunga vs. De Guzman, 90
SCRA 618);
c) holding of property by mere
tolerance of the owner. Reason:
holder is not in the concept of owner
and possessory acts no matter how
long do not start the running of the

period of prescription. (Ordoez vs.
CA, 188 SCRA 109);
d) where applicants tacked their
possession
to
that
of
their
predecessor-in-interest but they did
not present him as witness or when
no proofs of what acts of ownership
and cultivation were performed by
the predecessor (Dir. of Lands vs.
Datu, 115 SCRA 25)
e) mere failure of Fiscal representing
the State to cross-examine the
applicant on the claimed possession
[Republic vs. Lee, 197 SCRA 1320
(1991)];
f) possession of other persons in the
land applied for impugns the
excusive quality of the applicants
possession (Dir. of Lands vs. CA and
Salazar, 133 SCRA 701)
NOTE: Proof of private ownership
a. Spanish title, impending cases
NOTE: Although Spanish titles are
now inadmissible and ineffective as
proof
of
ownership
in
land
registration proceedings filed after
Aug. 16, 1976, so that all lands
granted under the Spanish mortgage
law system of registration which are
not yet covered by a certificate of
title issued under the Torrens system
are deemed as unregistered land,
there are still cases in court which
particularly
involve
possessory
information titles
b. Tax declarations and tax payments
NOTES:
While tax declarations and real
estate
tax
receipts
are
not
conclusive evidence of ownership, if
presented as documentary evidence
coupled with proof of actual
possession for the period required by
law of the land, they are evidences
of ownership. (Heirs of Maningding
vs CA 276 SCRA). Moreover, even if
belatedly declared for taxation
purposes, it does not negate
possession especially if there is no
other claimant of the land (RP vs CA
and Divinaflor 349 SCRA)
Where the taxes for 31 years,

1946 to 1976, were paid only in
CIVIL LAW COMMITTEE

256
1976, a few months prior to filing of

the application, such payment does
not constitute sufficient proof that
applicant has bona fide claim of
ownership during those years prior to
filing of the application [Republic vs.
CA, 131 SCRA 140 (1984)]
Mere failure of the owner of the
land to pay the realty tax thereon
does not warrant a conclusion that
there was abandonment of his right
to the property (Reyes vs. Sierra, 93
SCRA 472)
c. Presidential
issuances
and
Legislative acts
NOTES:
constitutive of a fee simple
title or absolute title in favor of the
grantee (Republic rep. by Mindanao
Medical Center vs. CA, 73 SCRA 146)
a law or statute which ceded or
transferred in full ownership a
reserve area in favor of a govt.
institution
thereby
effectively
transferred ownership to transferee.
[Intl Hardwood and Veneer Co. of
the Phils. vs. U.P., 200 SCRA 554
(1991)]
d. Other kind of proof
1. Testimonial
evidence
(i.e.
accretion is on a land adjacent to a
river. Any evidence that accretion
was
formed
through
human
intervention negates the claim
[Binalay vs. Manalo, 195 SCRA 374
(1991)];
2. Deeds of sale;
Proofs insufficient to establish private
right or ownership:
a) compromise
agreement
among
parties to a land registration case
where they have rights and interest
over the land and allocated portions
thereof to each of them;
NOTE: assent of Dir. Of Lands
and Dir. of Forest Management to
compromise agreement did not and
could not supply the absence of
evidence of title required of the
applicant [Republic vs. Sayo, 191
SCRA 71 (1990)]
b) decision in an estate proceeding of a
predecessor-in-interest
of
an
c)
applicant which involves a property

over which the decedent has no
transmissible right, and in other
cases where issue of ownership was
not definitely passed upon (Dir. of
Lands vs. IAC, 195 SCRA 38);
survey plan of an inalienable land.
NOTE: Such plan does not
convert such land into alienable
land, much less private property
[Republic vs. CA, 154 SCRA 476
(1987)]
HEARING, JUDGMENT, AND POST

JUDGMENT INCIDENTS IN ORDINARY
LAND REGISTRATION
A. Hearing
The court may:
1. hear the parties and their evidence;
or
NOTE: In the exercise of delegated
jurisdiction, the MTC can no longer
appoint commissioners
2. refer the case or any part thereof to
a referee or commissioner.
NOTE: While referee can receive
evidence and objections, it has no
power to rule on the case. Its main
duty is to receive evidence and
submit
its
findings
and
recommendations to the court.
NOTE:
Muniments
of
title:
instruments or written evidences
which applicant holds or possesses to
enable him to substantiate and prove
title to his estate.
B. Judgment
2 duties of the court:
1. Render judgment, declare the same
final, and cause the decisions entry;
and
2. Order the LRA to issue decree of
registration.
Doctrines
Only claimed property or a portion
thereof can be adjudicated. If the
applicant asserts ownership to and
submits evidence only for a portion
of a lot, the inclusion of the portion
not claimed by the applicant is void
and of no effect for a land
registration court has no jurisdiction
to decree a lot to a person who put

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257
no claim to it and who never

asserted any right of ownership over
it (Almarza vs Arguelles 156 SCRA
718).
A land registration court has no
jurisdiction to adjudge a land to a
person who has never asserted any
right of ownership thereof (CaragayLayno vs. CA, 133 SCRA 718)
The court may reverse its decision
even after the LRA has already
issued the decree of registration
(Gomez vs CA 168 SCRA 503).
NOTE: The judgment becomes final upon
the lapse of 15 days counted from
receipt of notice of the judgment.
However, notwithstanding the lapse of
the 15-day period from receipt of
judgment by the parties, the court
continues to retain control over the case
until the expiration of 1 year after the
entry of decree of registration by the
LRA.
C. Post-Judgment Incidents
a. Writ of possession
GENERAL
RULE:
The
judgment
adjudicating ownership to the successful
applicant impliedly carries with it the
delivery of possession if he is deprived,
since the right of possession is inherent
in that of ownership
EXCEPTIONS:
1. A writ of possession does not lie in a
land registration case against a
person who entered the property
after issuance of the final decree
and who had not been a party in the
case
2. A writ of possession cannot be issued
in a petition for reconstitution of
allegedly
lost
or
destroyed
certificate of title.
b. Writ of demolition
- a complement of the writ of
possession, without which the latter
would be ineffective (Lucero vs. Loot 25
SCRA 678)
DECREE OF REGISTRATION
This is the decree issued by the LRA
pursuant to the order of the court.
As such, the decree has been
considered as the condensed form
of the courts judgment.
The decree of registration binds the

land, quiets title thereto, subject
only to such exceptions or liens as
may be provided by law.
It is
conclusive upon all persons including
the national government and all
branches
thereof,
whether
mentioned
by
name
in
the
application or notice, the same
being included in the general
description To All Whom It May
Concern. And such conclusiveness
does not cease to exist when the
title is transferred to a successor.
(Melgar vs. Pagayon. 21 SCRA 841)
The duty of the land registration
officials to issue the decree of
registration is ministerial in the
sense that they act under the orders
of the court and the decree must be
in conformity with the court
judgment and with the data found in
the record. However, if they are in
doubt upon any point in relation to
the preparation and issuance of the
decree, they are duty bound to refer
the matter to the court. They act in
this respect, as officials of the court.
The administrator is thus not legally
obligated to issue the decree where,
upon his verification, he finds that
subject land has already been
decreed and titled in anothers
name. (Ramos vs. Rodriguez, 244
SCRA 418)
Contents: (Sec. 31 P.D. 1529)
a. Date, hour and minute of its entry
b. It shall state whether the owner is
married or unmarried, and if
married, the name of spouse:
provided that if the land is conjugal
property, the decree shall be issued
in the name of both spouses
c. If the owner is under disability, the
nature of such disability, and if a
minor, his age
d. Description of the land and shall set
forth the estate of the owner, and
also, in such manner as to show their
relative priorities, all particular
estates,
mortgages,
easements,
liens, attachments, and other
encumbrances
e. Other matters to be determined in
pursuance of law
CIVIL LAW COMMITTEE

258
CERTIFICATE OF TITLE
This is the true copy of the decree of
registration or the transcription
thereof and like the decree shall
also be signed by LRA Administrator
(Sec. 39, PD No. 1529)
It takes effect upon the date of
entry thereof, and the land covered
thereby becomes registered land on
that date
Registration does not vest title. It is
merely evidence of such title over a
particular property. And a Torrens
certificate is the best evidence of
ownership over registered land.
(Villanueva vs. CA, 198 SCRA 472;
Chavez vs. PEA & Amari Coast Bay
Devt. Corp., 384 SCRA 153)
However, simple possession of a
certificate of title does not
necessarily make the holder thereof
a true owner of all the property
described therein, such as when title
includes by mistake or oversight,
land which can no longer be
registered under the Torrens system,
as when the same land has already
been registered and an earlier
certificate for the same land is in
existence. (Caragay-Layno vs. CA,
133 SCRA 718)
In determining whether a property
belongs to the conjugal partnership
or paraphernal property of one of
the spouses, it is important to note
in whose name or names the title is
registered. This is so because the
certificate of the title does not
establish the time of the acquisition
of the property. It only confirms a
pre existing title. (Ponce de Leon vs
Rehabilitation Finance Corp., 36
SCRA 289)
Attributes
and
Limitations
on
certificates of title and registered
lands:
1. Free from liens and encumbrances
Claims and liens of whatever
character existing against the land
prior to the issuance of the
certificate of title are cut off by
such certificate and the certificate
so issued binds the whole world,
including the government.
EXCEPTIONS:
a. Those noted on the certificate

b. Liens claims or rights arising or
existing under the laws and the
Constitution, which are not by
law
required to appear of
record in the Register of Deeds
in order to be valid
c. Unpaid real estate taxes levied
and assessed within 2 years
immediately
preceding
the
acquisition of the right over the
land by an innocent purchaser
for value
d. Any public highway, or private
way established or recognized by
law,
or
any
government
irrigation
canal
or
lateral
thereof, if the certificate of title
does not state the boundaries of
such highway or irrigation canal
or lateral thereof have been
determined
e. Any disposition of the property
or limitation on the use thereof
pursuant to P.D. 27 or any other
law or regulations on agrarian
reform.
2. Incontrovertible and indefeasible
GENERAL RULE: Upon expiration of 1
year from and after the entry of the
decree of registration in the LRA, the
decree and the corresponding certificate
of title becomes incontrovertible and
indefeasible.
EXCEPTIONS:
a. If previous valid title of the same
land exists
b. When land covered is not
capable of registration
c. When acquisition of certificate is
attended by fraud
3. Registered land not subject to
prescription
Thus, even adverse, notorious and
continuous possession under claim of
ownership for the period fixed by
law is ineffective against a Torrens
title. (JM Tuason and Co. Inc. vs. CA,
93 SCRA 146)
The fact that title to land was lost
does not mean that the land ceased
to be registered land before the
reconstitution of its title. It cannot
perforce
be
acquired
by

Ethics)
259
prescription. (Rivera vs. CA, 244

SCRA 218)
adjudication of title to the lands or lots

involved in said proceeding.
3. Certificate of title not subject to

collateral attack
Sec 48. P.D. 1529 A certificate
of title shall not be subject to collateral
attack. It cannot be altered, modified,
or cancelled except in a direct
proceeding in accordance with law.
Procedure:
1. Notice of cadastral survey published
once in OG and posted in
conspicuous place; copy furnished
mayor and barangay captain
2. Notice of date of survey by BLM and
posting in bulletin board of the
municipal
building
of
the
municipality or bario, and shall mark
the boundaries of the lands by
monuments set up in proper places
thereon
3. Cadastral survey
4. Filing of petition
5. Publication, mailing, and posting
NOTE: Publication of Notice of Initial
Hearing to be published twice in
successive issues of the Official
Gazette
6. Filing of Answer
7. Hearing of the case
8. Decision
9. Issuance of Decree and Certificate of
Title
General Incidents of Registered Land

Registered land or the owners
thereof are not relieved from the
following:
a. From any rights incident to the
relation of husband and wife,
landlord and tenant
b. From liability to attachment or
levy on execution
c. From liability to any lien of any
description established by law on
the land and buildings thereon,
or in the interest of the owner in
such land or building
d. From any right or liability that
may arise due to change of the
law of descent
e. From the rights of partition
between co-owners
f. From the right of government to
take the land by eminent domain
g. From liability to be recovered by
an assignee in insolvency or
trustee or bankruptcy under the
laws relative to preferences
h. From any other rights or
liabilities created by law and
applicable to unregistered land
CADASTRAL REGISTRATION
a proceeding in rem, initiated by the
filing of a petition for registration by
the government, not by the persons
claiming ownership of the land
subject thereof, and the latter are,
on the pain of losing their claim
thereto, in effect compelled to go to
court to make known their claim or
interest therein, and to substantiate
such claim or interest
NOTE: Here, the government does not
seek the registration of land in its name.
The objective of the proceeding is the
Actions taken by the Cadastral court of

the trial:
1. Judgment
or
decision
which
adjudicates ownership of the land
involved in favor of one or more
claimants. This is the decree of the
court.
2. Declaration by the court that the
decree is final and its order for the
issuance of the Certificate of Title
by the LRA
3. Registration of the decree by the
LRA
and
issuance
of
the
corresponding Certificate of Title
Doctrine: The Cadastral court is not
limited to merely adjudication of
ownership in favor of one or more
claimants. If there are no successful
claimants, the property is declared
public land.
Additionally, while the
court has no jurisdiction to adjudicate
lands already covered by a Certificate of
Title, it is nonetheless true that this rule
only applies where there exists no
serious
controversy
as
to
the
certificates authenticity vis--vis the
land covered therein. (Republic vs Vera
CIVIL LAW COMMITTEE

260
120 SCRA 210; Widows and Orphans

Assoc., Inc. vs CA 201 SCRA 165.)
P.D. No. 1529
CADASTRAL
1. Nature of Registration
Voluntary
Compulsory
2. Applicant
Landowner
Director of Lands
3. Lands Covered
Usually
involves all classes of lands
private land; it may are included
also refer to public
agricultural lands if
the object of the
action
is
confirmation of an
imperfect title
4. Parties
Applicant
and Landowners
must
opponent
come to court as
claimants of their
own lands
5. Purpose
Petitioner comes to Government asks the
court to confirm his court to settle and
title and seeks the adjudicate the title
registration of the of the land
land in his name
6. Person who Requests the Survey
Landowner
Government
7. Effect of Judgment
No adverse claim; if if none of the
the applicant fails to applicants can prove
prove his title, his that he is entitled to
application may be the land, the same
dismissed
without shall be declared
prejudice (no res public (res judicata)
judicata)
REMEDIES OF AGGRIEVED PARTY IN

REGISTRATION PROCEEDINGS
1. New Trial
Grounds: (Section1 Rule 37,Rules of
Court)
a. fraud, accident, mistake or
excusable negligence which
ordinary prudence could not
have guarded against
b. newly discovered evidence
c. award of excessive damages, or
insufficiency of the evidence to
justify the decision
Period of filing: within the 15-day
period for perfecting an appeal
2. Relief from Judgment
Nature: subsidiary remedy, i.e. may
be availed only when the judgment
has become final and a new trial is

not available
Grounds: when a judgment is
entered against a party through
fraud,
accident,
mistake,
or
excusable negligence, such party
may file a petition in the court that
rendered such judgment praying that
the said judgment be set aside.
Period of filing: within 60 days after
the petitioner learns of the
judgment, order, or proceeding and
not more than 6 months after such
judgment or order was entered or
such proceeding was taken.
3. Appeal
under P.D. 1529, judgments and
orders in land registration cases are
appealable to the Court of Appeals
or to the Supreme Court in the same
manner as ordinary actions
must be filed within 15 days from
receipt of the judgment or final
order appealed from.
4. Petition for Review (of a DECREE)
any person may file a petition for
review to set aside the decree of
registration on the ground that he
was deprived of their opportunity to
be heard in the original registration
case not later than one (1) year after
the entry of the decree.
NOTE: It is a petition for REVIEW OF
JUDGEMENT when it is filed after
rendition of the decision but before the
entry of the decree of registration. And
it is a petition for REVIEW OF THE
DECREE when it is filed within the one
year period after such entry.
Grounds for review of the decree:
a) actual or extrinsic fraud refers
to any fraudulent act of the
successful party in a litigation which
is committed outside the trial of a
case against the defeated party, his
agents, attorneys or witnesses,
whereby defeated party is prevented
from presenting full and fairly his
side.
b)fatal infirmity in the decision for
want of due process (Tiongco vs, De
la Merced, 58, SCRA 89);
c) lack of jurisdiction of the court

Ethics)
261
Requisites for REVIEW OF THE

DECREE:
a. petitioner has a real and
dominical right
b. he has been deprived thereof
c. through fraud (actual/extrinsic)
d. petition is filed within one year
from issuance of the decree
e. the property has not yet passed
to an innocent purchaser for
value
5. Action for Reconveyance
an action seeking to transfer or
reconvey the land from the
registered owner to the rightful
owner
may be filed even after the lapse of
one year from entry of the decree of
registration as long as the property
has not been transferred or
conveyed to an innocent purchaser
for value.
an action for reconveyance does not
aim or purport to reopen the
registration proceedings and set
aside the decree of registration but
only to show that the person who
secured the registration of the
questioned property is not the real
owner thereof. The action, while
respecting
the
decree
as
incontrovertible, seeks to transfer or
reconvey the land from the
registered owner to the rightful
owner. (Esconde vs Borlongay, 152
SCRA 603)
Grounds
for
Reconveyance
and
corresponding period of prescription
Grounds
1. Fraud
2.Implied
or
constructive trust
Prescriptive
Period
4 years from the
discovery of the
fraud (deemed to
have taken place
from the issuance
of the original
certificate of title)
10 years from
the date of the
issuance of the OCT
or TCT
the above rule
does
not
apply
3. Express trust
4. Void Contract
where the person

enforcing the trust
is
in
actual
possession of the
property because
he is in effect
seeking to quiet
title to the same
which
is
imprescriptible
not barred by
prescription
imprescriptible
6. Action for Damages

May be resorted to when a petition
for review and an action for
reconveyance is no longer possible
because the property has passed to
an innocent purchaser for value and
in good faith.
an ordinary action for damages
prescribes in ten (10) years after the
issuance of the Torrens title over the
property.
7. Action for Compensation from
Assurance Fund
Requisites:
a) The aggrieved party or the suitor
sustained loss or damage, or is
deprived of land or any estate or
interest therein;
b) Such loss, damage or deprivation
1) was occasioned
by the
bringing of the land under
the operation of the Torrens
system, or
2) arose
after
original
registration of land
c) The loss, damage or deprivation
was due to:
1) fraud, or
2) any error, omission, mistake
or misdescription in any
certificate of title or in any
entry or memorandum in the
registration book
d) There was no negligence on his
part
e) He is barred or precluded under
the provisions of PD 1529 or
under the provision of any law
from bringing an action for the
CIVIL LAW COMMITTEE

262
f)
recovery of such land or the

estate or interest therein;
The action has not prescribed.
must be instituted within a period of

6 years from the time the right to
bring such action first occurredwhich is the date of issue of the
certificate of title.
8. Cancellation Suits
Where two certificates are issued to
different persons covering the same
land, the title earlier in date must
prevail
The latter title should be declared
null and void and ordered cancelled.
LAND PATENTS
Kinds:
To Whom
Granted
1.
to any
Homestead Filipino
Patent
citizen over
the age of
18 years or
head of a
family
9. Annulment of judgment
May only be availed of when the
ordinary remedies of new trial,
petition for relief, or other
appropriate remedies are no longer
available through no fault of
petitioner (Linzag vs. Court of
Appeals, 291 SCRA 304)
10. Quieting of Title
An action that is brought to remove
clouds on the title to real property
or any interest therein, by reason of
any instrument, record, claim,
encumbrance or proceeding which is
apparently valid or effective but is in
truth and in fact invalid, ineffective,
voidable, or unenforceable, and may
be prejudicial to said title. (Art. 476
Civil Code)
It is an ordinary civil remedy [Sy, Sr.
vs. IAC, 162 SCRA 130 (1988)]
Aside from the registered owner, a
person who has an equitable right or
interest in the property may likewise
file such action (Mamadsul vs.
Moson, 190 SCRA 82, 89)
11. Criminal Action
State may criminally prosecute for
perjury
the
party
who
obtains
registration through fraud, such as by
stating false assertions in the sworn
answer required of applicants in
cadastral proceedings
(People vs.
Cainglet, 16 SCRA 749)
2. Free
Patent
to any
natural
born citizen
of the Phils.
3.
Sales
Patent
citizens
of the Phils.
of lawful
age or such
citizens not
Requirements
does not
own more
than 24
hectares of
land in the
Phils. or has
not had the
benefit of any
gratuitous
allotment of
more than 24
hectares
must have
resided
continuously
for at least 1
year in the
municipality
where the
land is
situated
must have
cultivated at
least 1/5 of
the land
applied for
does not
own more
than 12
hectares of
land
has continuously
occupied and
cultivated,
either by
himself or his
predecessors
-in- interest
tract/s of
agricultural
public land
subject to
disposition
to have at
least 1/5 of
the land
broken and
cultivated

Ethics)
263
of lawful
age who is
head of a
family may
purchase
public
agricultural
land of not
more than
12 hectares
4. Special
Patents
to NonChristian
Filipinos
under Sec.
84 of the
Public Land
Act.
within 5
years from
the date of
the award
shall have
established
actual
occupancy,
cultivation
and
improvement
of at least 1/5
of the land
until the date
of such final
payment
Secretary
of the DILG
shall certify
that
the
majority of
the
nonChristian
inhabitants
of any given
reservation
have
advanced
sufficiently
in civilization
NOTE: when a free patent title is issued

to an applicant and the sea water moves
toward the estate of the title holder, the
invaded property becomes part of the
foreshore land. The land under the
Torrens system reverts to the public
domain and the title is annulled.
(Republic vs CA and Josefina Morato,
281 SCRA)
Restriction on Alienation/Encumbrance
of Lands titled Pursuant to Patents:
1. Lands acquired under free patent or
homestead patent is prohibited,
except if in favor of the government,
5 years from and after the issuance
of the patent or grant (RP vs Heirs of
Felipe Alejaga, Sr., 939 SCRA 361)
2. Transfer or conveyance of any
homestead after 5 years and before
25 years after issuance of title
without the approval of the
Secretary of DENR
Actions against improper, illegal

issuance of patents
1. Reversion suits
The objective is the cancellation of
the certificate of title and the
consequential reversion of the land
covered thereby to the State.
Grounds for reversion:
a. Violation of Sections 118, 120, 121
and 122 of the Public Land Act (eg.
Alienation or sale of homestead
executed within the 5 year
prohibitory period)
b. When land patented and titled is not
capable of registration
c. Failure of the grantee to comply
with conditions imposed by law to
entitle him to a patent or grant
d. When area is an expanded area (see
Republic vs. Heir of Villa Abrille, 71
SCRA 57)
e. When the land is acquired in
violation of the Constitution; eg.
Land acquired by an alien may be
reverted to the State.
NOTE:
indefeasibility
of
title,
prescription, laches and estoppel do not
bar reversion suits
2. Cancellation Suits
it is the aggrieved private party that
institutes the action [Agne vs. Dir. of
Lands, 181 SCRA 793 (1990)]
3.
Action for Reconveyance

discussion on page 16)
(see
RECONSTITUTION OF CERTIFICATE OF
TITLE
Meaning: The restoration of the
instrument which is supposed to
have been lost or destroyed in its
original form and condition, under
the custody of Register of Deeds.
Purpose: to have the same
reproduced,
after
proper
proceedings, in the same form they
were when the loss or destruction
occurred. (Heirs of Pedro Pinote vs.
Dulay, 187 SCRA 12)
Kinds:
1) Judicial - partakes the nature of a
land registration proceeding in rem.
CIVIL LAW COMMITTEE

264
2) Administrative - may be availed of

only in case of:
a. Substantial loss or destruction of
the original land titles due to
fire, flood, or other force
majeure as determined by the
Administrator of the Land
Registration Authority;
b. The number of certificates of
title lost or damaged should be
at least 10% of the total number
in the possession of the Office of
the Register of Deeds;
c. in no case shall the number of
certificates of title lost or
damaged be less than P500; and
d. Petitioner
must
have
the
duplicate copy of the certificate
of title. (RA 6732)
NOTE: The law provides for retroactive
application thereof to cases 15 years
immediately preceding 1989.
NOTE: When the duplicate title of the
landowner is lost, the proper petition is
not reconstitution of title, but one filed
with the court for issuance of new title
in lieu of the lost copy.
Sources for Judicial Reconstitution of
Title:
1. For OCT (in the following order):
a. Owners
duplicate
of
the
certificate of title
b. Co-owners,
mortgagees
or
lessees
duplicate
of
said
certificate
c. Certified
copy
of
such
certificate, previously issued by
the Register of Deeds
d. Authenticated copy of the
decree of registration or patent,
as the case may be, which was
the basis of the certificate of
title
e. Deed or mortgage, lease or
encumbrance
containing
description of property covered
by the certificate of title and on
file with the Registry of Deeds,
or an authenticated copy thereof
f. Any other document which, in
the judgment of the court, is
sufficient and proper basis for

reconstitution.
2. For TCT
a. Same as sources a), b), and c)
for reconstitution of OCT
b. Deed of transfer or other
document containing description
of property covered by transfer
certificate of title and on file
with the Registry of Deeds, or an
authenticated copy thereof
c. same as sources e) and f) for
reconstitution of OCT.
Sources
for
Administrative
Reconstitution of Title
1. owners duplicate of the certificate
of title
2. co-owners, mortgagees, or lessees
duplicate of said certificate
Publication, Mailing and Posting in
petitions for reconstitution of title
Rules:
a. Notice thereof shall be published
twice in successive issues of the
Official Gazette
b. Must be posted on the main
entrance of the provincial
building and of the municipal
building of the municipality or
city where the land is situated
c. to be sent by registered to every
person named in said notice
NOTE: The above requirements are
mandatory
and
jurisdictional
(Metropolitan
Waterworks
and
Sewerage System vs. Sison, 124 SCRA
394)
OTHER
PETITIONS/TRANSACTIONS
AFTER ORIGINAL REGISTRATION
1. Amendment and alteration of
Certificate of Title
Grounds:
a. When registered interests of any
description, whether vested,
contingent, or inchoate have
terminated and ceased
b. When new interests have arisen
or been created which do not
appear upon the certificate
c. When any error, omission, or
mistake was made in entering a
certificate or any memorandum

Ethics)
265
thereon or on any duplicate

certificate
d. When the name of any person on
the certificate has been changed
e. When the registered owner has
been married, or, registered as
married, the marriage has
terminated and no right or
interest of heirs or creditors will
thereby be affected
f. When a corporation, which
owned registered land and has
been dissolved, has not conveyed
the same within 3 years after its
dissolution
g. When there is a reasonable
ground for the amendment or
alteration of title.
NOTE: The court has no jurisdiction or
authority to reopen the judgment or
decree of registration; nor impair the
title or other interest of a purchaser
holding a certificate for value and in
good faith, or his heirs and assigns,
without his or their written consent.
After due hearing, the court may only:
a. Order the entry or cancellation
of a new certificate
b. Order the entry or cancellation
of a memorandum upon a
certificate, or
c. Grant any other relief upon such
terms and conditions as it may
consider proper (Secs. 107 and
108, PD 1529)
b. Where a voluntary instrument

cannot be registered by reason
of the refusal or failure of the
holder to surrender the owners
duplicate certificate of title; and
c. Where the owners duplicate
certificate is not presented for
amendment
or
alteration
pursuant to a court order
3.
Replacement of lost duplicate
due notice under oath shall be sent
by the owner or by someone in his
behalf to the Register of Deeds of
the province of city where the land
lies as soon as the loss or theft is
discovered. (Section 109, PD 1529)
Petition for replacement should be
filed with the RTC of the province or
city where the land lies.
Notice to Solicitor General by
petitioner is not imposed by law but
it is the Register of Deeds who
should request for representation by
the Solicitor General (Republic vs.
CA, 317 SCRA 504)
A proceeding where the certificate
of title was not in fact lost or
destroyed is null and void for lack of
jurisdiction and the newly issued
duplicate is also null and void. (New
Durawood Co., Inc. vs. CA, 253 SCRA
740)
2. Surrender of withheld duplicate

Grounds:
a. When it is necessary to issue a
new certificate of title pursuant
to any involuntary instrument
which divests the title of the
registered owner against his
consent
CIVIL LAW COMMITTEE


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244

2005 CENTRALIZED BAR OPERATIONS

LAND TITLES & DEEDS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

releasing them from the bondage of

to the registration of lands and

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

issuance of Original Certificate

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

answer by a claimant in a cadastral

If land is situated between

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

not exceeding 1,000 hectares in

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

striking out one or more of the

authority to the RD to register

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

Rules and Doctrines:

may subsequently defeat his

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

Well settled is the rule that all

b. such right arose subsequent to

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

5. any other proceeding of any kind in

Section 48, as amended by PD

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

the manner and concept provided by

sections can only be granted if there

EXCEPTION: Delegated Jurisdiction of

the MTC to hear and determine cadastral

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

the contrary, a reduction of the

before the date of initial hearing, and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

2. The identity of the land

long do not start the running of the

Where the taxes for 31 years,

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

1976, a few months prior to filing of

applicant which involves a property

HEARING, JUDGMENT, AND POST

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

no claim to it and who never

The decree of registration binds the

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

a. Those noted on the certificate

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

prescription. (Rivera vs. CA, 244