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ATENEO CENTRAL BAR OPERATIONS 2007
Civil Law
SUMMER REVIEWER
LAND TITLES
LAND TITLE is the evidence of the owners right or
extent of interest, by which he can maintain control
and as a rule assert right to exclusive possession and
enjoyment of property.
DEED is the instrument in writing by which any real
estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real
estate may be affected in law or equity.
LAND REGISTRATION is a judicial or administrative
proceeding whereby a persons claim over a
particular land is determined and confirmed or
recognized so that such land and the ownership
thereof may be recorded in a public registry.
TORRENS SYSTEM is 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.
Legarda v. Saleeby, 31 Phil 590 (1915)
PURPOSES: QUIP-CC
1. To quiet title to the land and to stop forever any
question as to the legality of said title
2. To relieve the land of unknown claims
3. To guarantee the integrity of land titles and to
protect their indefeasibility once the claim of
ownership is established and recognized
4. To give every registered owner complete
peace of mind
5. To issue a certificate of title to the owner which
shall be the best evidence of his ownership of
the land
6. To avoid conflicts of title in and to real estate
and to facilitate transactions.
Capitol Subdivision, Inc. v. Province of Negros
Occidental, 7 SCRA 60 (1963)
The registration of property is to: (1) avoid possible
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in and
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facilitate transactions
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 impel a reasonably cautious man to make
such further inquiry.
NATURE OF TORRENS SYSTEM

Judicial in character and not merely
administrative
Proceeding is in rem (binding upon the whole
world)
CONCEPT OF TORRENS SYSTEM
Does not create or vest title
Only confirms (does not confer) ownership
TORRENS TITLE is a certificate of ownership issued
under the Torrens System, through 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 there or otherwise reserved by law.
GENERAL RULE: A title once registered

cannot be impugned, altered, changed,
modified, enlarged, or diminished
EXCEPTION: Direct proceeding permitted by
law, usually for the protection of innocent third
persons
PROBATIVE VALUE OF THE TORRENS TITLE

Torrens Title may be received in evidence in all
courts in the Philippines, and shall be
conclusive as to all matters contained therein,
principally as to the identity of the land owner
except so far as provided in the Land
Registration Act.
TYPES OF TORRENS CERTIFICATES OF TITLE
1. Original Certificate of Title: the first title
issued in the name of the registered owner by
the Register of Deeds (ROD) covering a parcel
of land which had been registered by virtue of a
judicial or administrative proceeding.
2. Transfer Certificate of Title: the title issued
by the ROD in favor of the transferee to whom
the ownership of the already registered land
had been transferred by virtue of a sale or
other modes of conveyance.
MODES OF ACQUIRING TITLE:
1. Public Grant
A conveyance of public
land by government to a
private individual
2. Acquisitive
Must be OCEN: in open,
Prescription
continuous, exclusive, and
Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig
Civil Law Summer Reviewer

notorious possession
If in good faith & with just
title: 10 yrs. uninterrupted
possession is required
If in bad faith & without just
title: 30 yrs. continuous
possession is required
Only available if the land
possessed is public land
that is alienable and
disposable
A property registered under
the provisions of PD 1529
is not subject to
prescription
Prescription is unavailing
not only against the
registered owner, but also
against his hereditary
successors
Requisites:
1. The deposit of soil or
sediment be gradual and
imperceptible,
2. It is the result of the curret
of the waters (river/sea),
and
3. The land where accretion
takes place is adjacent to
the banks of rivers or the
sea coast
Accretion to registered
lands need new registration
No human intervention
The current causing the
alluvial deposit must be
from a river. If it is from the
sea, the deposit will pertain
to the state. (Government
of the Phils. v. Cabangis
53 phil 112 [1929])
Filling of submerged land
by deliberate act and
reclaiming title thereto
Must be initially owned by
government
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transferred to private
owners
Private grant
Voluntary execution of
deed of conveyance
Contractual relationship
between the parties
Consensual
3. Accretion
4. Reclamation
5. Voluntary
Transfer
6. Involuntary
Alienation
7. Descent or
Devise
8. Emancipation
Patent/Grant
(Certificate of Land
Ownership Award)
No consent from the owner

of land
Forcible acquisition by the
State
Hereditary succession to
the estate of deceased
owner
To ameliorate the sad
plight of tenant-farmers
Such grant is not
transferable except by
hereditary succession
LAWS IMPLEMENTING LAND REGISTRATION

1. Property Registration Decree (P.D. 1529, as
amended)
2. Cadastral Act (Act 2259, as amended)
3. Public Land Act (Commonwealth Act 141, as
amended)
4. Emancipation Decree (P.D. 27, as amended)
5. Comprehensive Agrarian Reform Law of 1988
(R.A. 6657, as amended)
ADMINISTRATION OF THE TORRENS SYSTEM
1. LAND REGISTRATION AUTHORITY (LRA)
Agency charged with the efficient execution
of the laws relative to the registration of
lands, under the executive supervision of
the DOJ
Consists of an Administrator assisted by 2
Deputy Administrators
FUNCTIONS OF THE LRA: SAC
1. Extend speedy and effective assistance to
the Dept. of Agrarian Reform, the Land
Bank, and other agencies in the
implementation of the land reform program
of the government
2. Extend assistance to courts in ordinary and
cadastral land registration proceedings
3. Be the central repository of records relative
to original registration of lands titled under
the Torrens system, including the
subdivision and consolidation plans of titled
lands
2. REGISTER OF DEEDS (ROD)
Constitutes a public repository of records of
instruments
affecting
registered
or
unregistered lands and chattel mortgages
in the province or city wherein such office
is situated
Headed by the Register of Deeds, assisted
by a Deputy
Page 271 of 297

FUNCTIONS OF THE ROD: IPDI
1. Immediately
register
an
instrument
presented for registration dealing with real
or personal property which complies with
the requisites for registration
2. Shall see to it that said instrument bears
the proper documentary and science
stamps and that the same are properly
cancelled
3. If the instrument is not registerable, he
shall deny the registration thereof and
inform the presentor of such denial in
writing, stating the ground or reason
therefore, and advising him of his right to
appeal by consulta in accordance with Sec.
117 of PD 1529
4. Prepare and keep an index system which
contains the names of all registered
owners and lands registered
Baranda v, Gustilo, 165 SCRA 757 (1988)
The function of the ROD with reference to registration
of deeds, encumbrances, instruments, and the like is
ministerial in nature.
Ledesma v. Villaseor, 13 SCRA 494 (1965)
It is enough that in the RODs opinion an instrument
is registrable for him to register it. The act being an
administrative act does not contemplate notice to and
hearing of interested parties.
Almirol v. ROD of Agusan, G.R. No. L-22486, Mar.
20, 1968
The determination of whether a document is valid or
not is a function that belongs to a court of competent
jurisdiction, and not to the ROD.
Balbin v. ROD, 28 SCRA 12 (1969)
Instances when the ROD may validly deny
registration of a voluntary instrument:
1. Where there are more than 1 copy of the owners
duplicate certificate of title and not all such copies
are presented to the ROD
2. Where the voluntary instrument bears on its face
an infirmity
3. Where the validity of the
instrument
sought to be
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a. Notice of pending suit must be given to
parties
b. Registration may be suspended
Gallardo v. IAC, 155 SCRA 248 (1987)
The ROD may also refuse to register a private
document since Section 112 of PD 152 provides that
deeds of conveyances affecting lands should be
verified and acknowledges before a notary public or

other public officer
authorized by law to take
acknowledgement.
NOTE: When the ROD is in doubt as to the proper
action to take on an instrument or deed presented to
him for registration, he should submit the question to
the Administrator of the LRA en consulta (Section
117, PD 1529).
NON-REGISTRABLE PROPERTIES
Article 420
1. Those intended for public use,
NCC
such as roads, rivers, torrents,
ports and bridges constructed
by the State, banks, shores,
roadsteads, and others of
similar character
2. Those which belong to the
State, without being for public
use, and are intended for some
public service or for the
development of the national
wealth.
Arts. 5 & 6,
1. Rivers and their natural beds;
Water Code
2. Continuous or intermittent
(PD 1067 )
waters of springs and brooks
running in their natural beds
and the beds themselves;
3. Natural lakes and lagoons;
4. All other categories of surface
waters such as water flowing
over lands, water form rainfall
whether natural or artificial, and
water from agriculture runoff,
seepage and drainage;
5. Atmospheric water;
6. Subterranean or ground water;
7. Seawater;
Found in private lands:
8. Continuous
or
intermittent
waters rising on such lands;
9. Lakes and lagoons naturally
waters rising on such lands;
10. Rain water and falling on such
lands;
11. Subterranean
or
ground
waters; and
12. Waters
in
swamps
and
marshes
Regalian
Forest or timberland, public forest,
Doctrine under
forest reserves lands, mineral
the 1935, 1973, lands
and 1987
Constitution
Page 272 of 297

Bureau of Forestry v. CA, 153 SCRA 351 (1987)
As provided for under Sec. 6 of CA 141, which was
lifted from Act 2874, the classification or
reclassification of public lands into alienable or
disposable, mineral, or forest lands is now a
prerogative of the Executive Department of the
government and not the courts. With these rules,
there should be no more room for doubt that it is not
the court which determines the classification of lands
of the public domain into agricultural, forest or
mineral but the Executive Branch of the government,
through the Office of the President.
Republic v. Vera, 120 SCRA 210 (1983)
A parcel of forest land is within the exclusive
jurisdiction of the Bureau of Forestry and beyond the
power and jurisdiction of the cadastral court to
register under the Torrens system.
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA
361 (2002)
The State has an imprescriptible right to cause the
reversion of a piece of property belonging to the
public domain if title has been acquired through
fraudulent means.
Republic v. Southside Homeowners Association
Inc. (SHAI) G.R. No. 156951 & 173408, Sep. 22,
2006
FACTS:
Proclamation No 423 which established a military
reservation known as Fort William McKinley later
renamed Fort Bonifacio Military Reservation, was
issued by former President Carlos Garcia. Areas
specified in the Proclamation were withdrawn from
sales and settlements and were reserved for military
purposes. Several presidential proclamations would
later be issued excluding certain defined areas from
the operation of Proclamation 423.
What is mainly sought to be declared as a nullity in
this petition is the title over the parcels of land that
are referred to as JUSMAG housing are in Fort
Bonifacio being occupied by active and retired
military officers and their families.
SHAI
, a non-stock
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picture. of AFP military
officers, was able to secure title in its name over the
bulk, if not the entire, JUSMAG area. The TCT was
issued by the Rizal Registry on the basis of a
notarized deed of sale purportedly executed by then
Land Management Bureau Director Abelardo Palad
Jr. The investigation conducted by the DOJ, however,
reported land scams at the FBMR and also finding
that the signature of Palad was forged.
In 1993, then Pres Ramos ordered the OSG to

institute an action towards the cancellation of TCT
15084 in SHAIs name as well as the title acquired by
the Navy Officers Village Association (NOVA) over a
bigger parcel of land within the reservation.
ISSUE:
Whether the land sold was alienable.
HELD:
NO. As regards the issue of inalienability, the Court
upheld the contention of the Republic that the
JUSMAG area is inalienable, the same having not
effectively been separated from the military
reservation and declared as alienable and
disposable. Until a given parcel of land is released
from its classification as part of the military
reservation zone and reclassified by law or by
presidential proclamation as disposable and
alienable, its status as part of a military reservation
remains, even if incidentally it is devoted for a
purpose other than as a military camp or for defense.
SHAI had not pointed to any proclamation or
legislative act for that matter segregating the property
from the reservation and classifying the same as
alienable lands of public domain. Furthermore, the
Constitution also forbids private corporations from
acquiring any kind of alienable public land except
through lease for a limited period. The whole
conveyance process was also suspicious since the
whole process was accomplished only in one day.
TYPES OF REGISTRATION:
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER PD 1529 is a
proceeding brought before the RTC (as a land
registration court) to determine title or ownership of
land on the basis of an application for registration or
answer by a claimant in a cadastral registration.
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary by filing with
the proper court; application by the private
individual himself
2. Administrative/Involuntary/Cadastral
compulsory registration initiated by the
government
PROCEDURE IN ORDINARY LAND
REGISTRATION: SFD-TP-SAHJ-DECT
1. Survey of land by the Bureau of Lands or a
duly licensed private surveyor
a. Survey plan must be duly approved by the
Page 273 of 297

Director of Lands.
2. Filing of application for registration by the
applicant
a. With all muniments of titles and copies
thereof with survey plan approved by
Bureau of Lands
MUNIMENTS OF TITLE are instruments or
written evidence which applicant holds or
possesses to enable him to substantiate and
prove title to his estate
b. Always filed at the RTC of the place where
land is situated
c. Indorsed to the MTC if there is no
controversy over the land or if its value is
less than 100,000
d. In cases of delegated jurisdiction to the
MTC, appeal is directed to the CA
e. If land is situated between boundaries of 2
provinces, application must be filed:
When boundaries are not defined: in
the RTC of the place where it is
declared for taxation purposes;
When
boundaries
are
defined:
separate plan for each portion must be
made by a surveyor and a separate
application for each lot must be filed
with the appropriate RTC
3. Setting of the date of initial hearing of
application by the RTC
a. Within 5 days, set hearing 45-90 days from
date of order
4. Transmittal of the application and the date of
the initial hearing, with all the documents or
other evidences attached thereto, by the Clerk
of Court to the LRA
5. Publication of notice of the filing of the
application and the date and place of the
hearing in the Official Gazette
required
are
The
three
notices
mandatory.
a. Publication of notice of initial hearing
i.
Once in the Official Gazette (this
confers jurisdiction upon the court)
ii.
Once in a newspaper of general
circulation
Purpose of publication:
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appliedarefor
upon
court
- To charge the whole world with
knowledge of the application of the
land involved, and invite them to take
part in the case and assert and prove
their rights over the subject land
b. Mailing
Within 7 days after publication of said
notice in the OG, mailing of notice to:
i.
ii.
6.
7.
8.
9.
10.
11.
12.
13.
Persons named in the notice

Sec. of Public Highways, Provincial
Governor, and Mayor, if the applicant
requests to have the line of a public
way or road determined
iii.
Sec. of Agrarian Reform, Solicitor
General, Director of Lands, Director of
Fisheries, and Director of Mines, if the
land borders on a river, navigable
stream, or shore, or on an arm of the
sea where a river or harbor lies
iv.
Other persons as the court may deem
proper
c. Posting
Posting in conspicuous place on
subject land and on bulletin board of
municipal building at least 14 days
before initial hearing
Service of notice by the sheriff upon contiguous
owners, occupants and those known to have
interests in the property
Filing of answer to the application by any
person whether named in the notice or not
Hearing by the court
Promulgation of judgment by the Court
Issuance of the decree declaring the decision
final and instructing the LRA to issue a decree
of confirmation and registration
DECREE issued by LRA after finality of
judgment; contains technical description of
land.
i.
Decrees dismissing application
ii.
Decrees
of
confirmation
and
registration
Subject only to appeal
Entry of the decree of registration in the LRA
1 year after the date of entry, it becomes
incontrovertible and amendments will not be
allowed except clerical errors. It is deemed
conclusive as to the whole world.
Puts an end to litigation
Purpose of Torrens system is protected
Sending a copy of the decree of registration to
the corresponding ROD
Transcription of the decree of registration in the
registration book and issuance of the owners
duplicate original certificate of title to the
applicant by the ROD upon payment of the
prescribed fees
NOTE: Noncompliance with the requisites will make

the Certificate of Title (CT) issued invalid and
cancellable by the courts.
WHO MAY APPLY IN ORDINARY REGISTRATION
PROCEEDINGS UNDER PD 1529: OPAL
Page 274 of 297

1. Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive, notorious possession 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 acquired ownership of private land
by prescription under the provisions of existing
laws
3. Those who acquired ownership of private lands
or abandoned river beds by right of accession
or accretion under the existing laws
4. Those who have acquired ownership of land in
any manner provided for by law
NOTE: 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,
Article XII, 1987 Constitution), and except when the
land has been previously acquired by prescription by
a natural person and subsequently transferred to a
juridical entity (in this case, a corporation may apply
for judicial confirmation of title).
LIMITATION TO OWNERSHIP OF LAND BY
CORPORATION:
1. Private Lands
a. At least 60% Filipino (Sec. 7, Article XII,
1987 Constitution)
b. Restricted as to extent reasonably
necessary to enable it to carry out purpose
for which it was created
c. If engaged in agriculture, it is restricted to
1,024 hectares.
2. Patrimonial Property of the State (Sec. 3,
Article XII, 1987 Constitution)
a. Lease (CANNOT own land of the public
domain) for 25 years renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign
corporations
PERSONS WHO CANNOT PROPERLY FILE AN
APPLICATION FOR REGISTRATION
OF LAND:
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1. Public land sales applicant admits he is not the
owner in his application
2. Mortgagee or his successor-in-interest to the
mortgage when mortgage is assigned (pactum
commissorium)
3. Antichretic creditor since he holds not in the
concept of an owner
4. Person or entity whose claim of ownership to
land had been previously denied in a

reivindicatory action and the right of ownership
thereto of another is upheld by the courts
FORM OF THE APPLICATION
(Sec. 15, PD 1529)
In writing
Signed by the applicant or person duly
authorized in his behalf
Sworn to before an officer authorized to
administer oath for the province or city where
the application was actually signed
If there is more than 1 applicant, they shall be
signed and sworn to by and in behalf of each.
CONTENTS OF APPLICATION
(Sec. 15, PD 1529): D-CAEM-ARF
1. Description of the land applied for together
with the buildings and improvements; the
plan approved by Director of Lands and the
technical descriptions must be attached
2. Citizenship and civil status of the applicant
if married, name of spouse, and
if the marriage has been legally
dissolved, when and how the marriage
relation was terminated
3. Assessed value of the land and the buildings
and other improvements based on the last
assessment for taxation purposes
4. Mortgage or encumbrance affecting the land
or names of other persons who may have an
interest therein, legal or equitable
5. Manner of acquisition of land
6. Full names and addresses of all occupants of
the land and those of the adjoining owners, if
known, and if not known, the applicant shall
state the extent of the search made to find
them
7. If the application describes the land as
bounded by a public or private way or road, it
shall state whether or not the applicant
claims any portion of the land within the limits
of the way or road, and whether the applicant
desires to have the line of way or road
determined (Sec. 20, PD 1529)
8. The court may require facts to be stated in
the application in addition to those prescribed
by the Decree not inconsistent therewith and
may require the filing of additional papers
9. If the applicant is a non-resident of the
Philippines, he shall file an instrument
appointing an agent residing in the Phils. and
shall agree that service of any legal process
shall be of the same legal effect as if made
upon the applicant within the Philippines
(Sec. 16, PD 1529)
Page 275 of 297

WHERE TO FILE APPLICATION
GENERAL RULE: RTC of the province or city
where the land is situated.
File together with application all original
muniments of titles or copies thereof and a
survey plan of the land approved by the
Bureau of Lands
Averia v. Caguioa, 146 SCRA 459 (1986)
PD 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 RTCs 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.
If there are several parcels of land situated in

different provinces/cities but belong to one
owner, he must file in RTC of each
province/city where different parcels of land are
located for registration purposes
EXCEPTION: Delegated jurisdiction of 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 100,000
AMENDMENTS IN ORDINARY REGISTRATION

PROCEEDINGS
1. Striking out one or more The court may strike
of the parcels of land
out at any time
applied for or by a
severance of the
application
2. Substantial change in
New technical
boundaries, increase in
description and new
area, inclusion of
publication and notice
additional land
are necessary
3. Joinder, substitution, or
File motion with court
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discontinuance of any
of
the parties
4. Decrease in area
File motion with court;
no need for new
publication or notice
Benin v. Tuason, 57 SCRA 531 (1974)
Under Section 23 of Act 496, the registration court
may allow, or order an amendment of the application
for registration when it appears to the court that the

amendment is necessary and proper.
Under Section 24 of the same act, the court may at
anytime order an application to be amended by
striking out one or more parcels or by severance of
the application. The amendment may be made in
application or in the survey plan, or in both since the
application and survey plan go together.
If the amendment consists in the inclusion in the
application for registration an area or parcel of land
not previously included in the application for
registration of an area or parcel of land not previously
included in the original application, as published, a
new publication of the amended application must be
made. The 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 or parcel of land that is added to 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. The
reason is because without a new publication, the law
is infringed with respect to the publicity that is
required in registration proceedings, and third parties
who have not had the opportunity to present their
claim might be prejudiced in their rights because of
failure of notice.
But if the amendment consists in the exclusion of a
portion of the area covered by the original application
and the original plan as previously published, a new
publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of
a new application.
DOCTRINE OF NON-COLLATERAL ATTACK OF
DECREE OR TITLE
A decree of registration and registered title
cannot be impugned, enlarged, altered,
modified, or diminished either in collateral or
direct proceeding after the lapse of the 1-year
period prescribed by the law.
If transaction is BEFORE
Issuance of Decree
Record instrument in
ROD in same
manner as if no
application was
made
Present instrument
to RTC, with a
motion praying that
the same be
If transaction is AFTER
Issuance of Decree
Register directly with
ROD for purpose of
canceling such title
and issuing a TCT
Page 276 of 297

considered in
relation to the
pending application
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
3. Apply for the remedy desired
4. Signed and sworn to by him or by some other
duly authorized person
GENERAL DEFAULT
When no person
appears and answers
within time prescribed
SPECIAL DEFAULT
When a party appears at
initial hearing without
having filed an answer and
asks court for time to file
answer but failed to do so
within period allowed
JUDICIAL CONFIRMATION OF IMPERFECT OR

INCOMPLETE TITLE UNDER THE PUBLIC LAND
ACT
In rem, judicial proceedings
The decree of registration issued is conclusive
and final
Governed by court procedure and law of
evidence
WHEN TO FILE
Extended up to December 31, 2020, as
provided in Sec. 2 of RA 9176
Director of Lands v. Abairo, 90 SCRA 422 (1979)
FACTS:
Petitioner contended that CFI of Isabela should have
dismissed the application for registration based on an
imperfect or incomplete title because it has no
jurisdiction over it inasmuch as it was filed on March
1, 1971, that is, after December 31, 1968, the expiry
date for filing such kind of application under RA 2061.
The latest extension of the period to December 31,
2020 within which to file said applications, as
provided in Sec. 2, RA 9176, shall apply where the
area applied for does not exceed 12 hectares.
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ISSUE:
Whether or not the application is valid despite being
filed after the period expired and before the extension
was granted.
HELD:
YES. It is clear from the law itself that those who
applied for judicial confirmation of their title at
any time prior to the cut-off date of December 31,
1976 did so on time, even if such application was

filed during the intervening period from January
1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
the period for filing such applications time and again,
to give full opportunity to those who are qualified
under the law to own disposable lands of the public
domain and thus reduce the number of landless
among the citizenry.
LIMITATION TO AREA APPLIED FOR:

Maximum of 12 hectares (Sec. 3, RA 6940)
WHO MAY BE APPLICANTS: FFPL
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 the public domain under a
bona fide claim of acquisition since June 12,
1945, or prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of Lands, 75 Phil
890 [1946])
2. Filipino citizens who by themselves or through
their predecessors-in-interest have been, prior
to the effectivity of PD 1073 (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 1942, Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
3. Private corporations or associations which had
acquired lands, formerly part of the alienable
and disposable lands of the public domain,
from Filipino citizens who had possessed the
same in the manner and for the length of time
indicated in 1 and 2 above (Dir. Of Lands v.
IAC and ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the Philippines who
may have lost their Philippine citizenship, who
have acquired disposable and alienable lands
of the public domain from Filipino citizens who
had possessed the same in the manner and for
the length of time indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567 [1994]).
NOTE: A private corporation may institute
confirmation proceedings under Sec. 48(b) of CA 141
if at the time of the institution of the registration
proceedings, the land was already private land
(Director of Lands v. IAC and ACME, 146 SCRA
509 [1986]).
Page 277 of 297

As long as the land is already considered as

having become private through prescription,
a corporation may institute confirmation
proceedings. Having a PRIVATE character
(no longer public), the land would no longer
be barred by the Constitution to be owned by
a corporation. Land has already become
PRIVATE, ipso jure, when previously
acquired by prescription by a natural person.
Natividad v. CA, 202 SCRA 439 (1991)

Determinative of this issue is the character of the
parcels of land whether they were still public or
already private when the registration proceedings
were commenced. If they are already private lands,
the constitutional prohibition against acquisitions by a
private corporation would not apply.
WHAT APPLICANT MUST PROVE:
The land is alienable and disposable land of
the public domain, and
His possession was for the length of time and
in the manner and concept required by law
NOTE: Form, Contents, Notice, Mailing, Posting
Requirements are the same as those required in
original registration under PD 1529.
Director of Lands v. CA, 106 SCRA 426 (1981)
A judicial declaration that a parcel of land is public,
does not preclude even the same applicant from
subsequently seeking a judicial confirmation of his
title to the same land, provided he thereafter
complies with the provisions of Sec. 48 of CA 141, as
amended and as long as said public land remains
alienable and disposable.
PROOF OF PRIVATE OWNERSHIP: STOP
1. Spanish title (inadmissible and ineffective proof
of ownership in land registration proceedings
filed after Aug. 16, 1976)
2. Tax declarations and tax payments (not
conclusive evidence of ownership, must be
coupled with proof of actual possession for the
period required by law)
3. Other kinds of proofQuickTime
(ex. testimonial
evidence
and a
decompressor
TIFF (Uncompressed)
of
sale)
to prove accretion,
deeds
4. Presidential issuances and legislative acts
(constitutive of a fee simple title or absolute title
in favor of the grantee, a law ceding full
ownership to a government institution)
Santiago v. SBMA, GR No. 156888, November 20,
2006
FACTS:
Rodriguez is claiming to be the sole heir and
administrator of the estate of Hermogenes Rodriguez
who, in his lifetime, was the owner of parcels of land
registered in his name under a Spanish title.
Rodriguez leased the parcels of land to Santiago and
Mateo for a period of 50 years. By virtue of the
lease, Santiago is presently occupying the land.
SBMA, on the other hand, is claiming possessory, if
not proprietary, rights over the parcels of land, by
using them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as
evidence of ownership of lands
HELD:
No.
Although PD 892 reads: Whereas, Spanish titles to
lands which have not yet been brought under the
operation of the Torrens system, being subject to
prescription, are now ineffective to prove ownership
unless
accompanied
by
proof
of
actual
possession, petitioners cannot claim that they can
still present the Spanish title as proof of ownership
since they were in actual possession.
Actual proof of possession only becomes necessary
because Spanish titles are subject to prescription.
The holder of a Spanish title may still lose his
ownership of the real property to the occupant who
actually possesses the same for the required
prescriptive period.
Because of this inherent
weakness, the applicant for registration of his
Spanish title under the Torrens system must also
submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
law as a whole, it has clearly set a deadline for
the filing of applications for registration of ALL
Spanish titles under the Torrens system (i.e., 6
months from its effectivity or on 14 August 1976),
after which, the Spanish titles may no longer be
presented to prove ownership. Therefore, the
fact that petitioners were in actual possession of
the property when they filed the complaint with
the RTC on April 29, 1996 does not exclude them
from the application of PD 892, and their Spanish
title remain inadmissible as evidence of their
ownership of the property, whether in a land
registration proceeding or in an action to remove
a cloud on or to quiet title. However, this does
not bar holders of Spanish titles from claiming
ownership of real property on some other basis,
such as those provided in PD 1529 or in the
Public Land Act. For sure, Spanish titles can no
Page 278 of 297

longer be countenanced as indubitable evidence
of land ownership.
JUDGMENT is a decision of court constituting its
opinion after taking into consideration the evidence
submitted.
It becomes final upon the lapse of 15 days
counted from the receipt of notice of the
judgment.
However, notwithstanding the lapse of the 15day 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
(Republic v. Assosacion Benevola de Cebu,
178 SCRA 692 [1989]).
POST-JUDGMENT INCIDENTS
1. Writ of Possession: order to sheriff to deliver
the land to the successful party litigant; no
prescription against: (1) the loser and (2)
anyone unlawfully and adversely occupying
When writ may not issue: When a party
entered into property after issuance of final
decree, is not an oppositor in registration
proceeding, and is in possession of land for
at least 10 years
2. Writ of Demolition: the complement of writ of
to
demolish
improvements
possession;
introduced by oppositor or his successor in
interest
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reivindicatoria
DECREE OF REGISTRATION :
The decree issued by the LRA pursuant to the
order of the court.
Binds the land, quiets title thereto, subject only
to such exceptions or liens as may be provided
by law
Conclusive upon all persons including the
government
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CONTENTS OF THE DECREE: DMD-DO

1. Date, hour and minute of its entry
2. Whether the owner is married or unmarried,
and if married, the name of the spouse;
provided that if the land is conjugal property,
the decree shall be issued in the name of both
spouses
3. If the owner is under disability, the nature of
such disability, and if a minor, his age

4. Description of the land and shall set forth the
estate of the owner, and also show their
relative easements, liens, attachments, and
other encumbrances
5. Other matters to be determined in pursuance of
the law
PROCESS OF ISSUING THE OCT:
1. Within 15 days from finality of order of
judgment directing registration of title court
orders the LRA to issue decree of registration
and certificate of title
2. Clerk of court will send order of court and
copies of judgment
3. Writ of Demolition may be issued. The court
has authority to order, as a consequence of the
writ of possession issued by it, the demolition
of improvements introduced by the defeated
oppositor or his successor-in-interest
4. Administrator will issue a decree of registration
and original and duplicate of OCT that is
signed by the Administrator, entered and file
decree of registration in LRA
5. Send to ROD the original and duplicate of title
and certificate for entry in his registration book
6. Enter in record book, dated, signed, numbered
and sealed to take effect upon date of entry
7. ROD to send notice to registered owner ready
for delivery after payment of fees
8. ROD shall send duplicate and note on each
certificate of title to whom it is issued
9. Original copy to be filed in ROD
10. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON
CERTIFICATES OF TITLE AND REGISTERED
LANDS:
1. Free from liens and encumbrances
a. 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.
b. EXCEPTIONS: CNT-PD
Those noted on the certificate
i.
ii.
Liens, claims, or rights arising or
existing under the laws and the
Constitution, which are not by law
required to appear on record in the
Register of Deeds in order to be valid
iii.
Unpaid real estate taxes levied and
assessed within 2 years immediately
preceding the acquisition of any right
over the land by an innocent purchaser
Page 279 of 297

for value
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
v.
Any disposition of the property or
limitation on the issue thereof pursuant
to PD 27 or any other law or
regulations on agrarian reform
2. Incontrovertible and indefeasible
a. 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.
b. EXCEPTIONS: PNF
i. If previous valid title of the same land
exists
ii. When land covered is not capable of
registration
iii. When acquisition of certificate is
attended by fraud
iv.
Arguelles v. Timbancaya, 72 SCRA 193

(1976)
The rule on the incontrovertible nature of a
certificate of title applies when what is involved
is the validity of the OCT, not when it concerns
that of the TCT.
3. Registered land not subject to prescription
a. 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. v.
CA, 93 SCRA 146 [1979]).
b. The fact that the title to the 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
prescription (Ruiz v. CA, 79 SCRA 525
[1977]).
c. Laches may be invoked to bar
QuickTime
a
reconveyance
of
landandto
the registered
this intervening
picture.
owner only are
if needed
thereto see
are
rights of
third persons which may be affected or
prejudiced if such land is returned to the
registered owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No. 162593,
Sep. 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of
TCT No. T-17993 and reconveyance of the
property covered therein. The said title is registered
in the name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner
of a lot, part of which is that covered by both the
above TCT and TCT No. 8502. It was originally
leased to Pio Dalman, Aurelios father-in-law. She
attempted to mortgage the lot to Ignacio Gil, but the
mortgage did not push through. She vehemently
denies ever executing a joint affidavit confirming
the sale to Gil and insists that TCT No. 8502 was
never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil
allegedly purchased the property from Remegia,
the sale of which was evidenced by the joint
affidavit of confirmation of sale that Remegia and
her uncle purportedly executed before a notary
public in 1965. Aurelio then filed a petition for the
issuance of a new owners duplicate copy of TCT
No. T-8502 because when they asked Remegia
about it, she claimed it had been lost. A petition for
partial cancellation of the said TCT was granted
and TCT No. 17993 was issued in Aurelios name.
They also allege that they and their predecessorsin-interest have been occupying the said property
since 1947, openly, publicly, adversely, and
continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
With respect to the claim of acquisitive
prescription, it is baseless when the land
involved is a registered land since no title to
registered land in derogation of that of the
registered owner shall be acquired by adverse
possession. Consequently, proof of possession
by the Zaldivars is both immaterial and
inconsequential.
Neither can the spouses rely on the principle of
indefeasibility of TCT No. 17993 by virtue of the
fact that TCT No. 8502 in the name of Remegia
has remained valid. Remegias title, thus,
prevails over Aurelios, especially considering
that the latter was correctly nullified by the RTC
Page 280 of 297

as it emanated from the new owners duplicate
TCT No. 8502, which, in turn, was procured by
Aurelio through fraudulent means.
Laches has not set in against Remegia as she
merely tolerated the occupation by the
Zaldivars of the subject lot. Therefore,
Remegias right to recover possession was
never barred by laches.
4. Certificate of title not subject to collateral
attack
a. Sec. 48 of PD 1529 provides that 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 the law.
5. Torrens Certificate presumed valid and
devoid of flaws
a. GENERAL RULE: Torrens Certificate of
Title is presumed to have been regularly
issued, valid, and without defects. The
buyer has the right to rely upon the face of
the Torrens title and dispense with the
trouble of inquiring further.
b. EXCEPTION: When he has actual
knowledge of facts and circumstances that
would impel a reasonably cautious man to
make inquiry.
Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006
FACTS:
Lucena de los Reyes (petitioners mother) sold 2
lots to Fortunato Amorin. Amorin took possession
of such properties. Later, however, Pacific Bank
demanded that the Amorins vacate the properties,
claiming that such property had been foreclosed by
such Bank. As it turned out De Los Reyes was
deceived by a certain Benjamin Valenzuela, to
whom she entrusted the documents evidencing her
rights over the lots, the latter fraudulently
transferred the rights over the lots to his name.
Valenzuela mortgaged such properties to Pacific
Bank. Respondent Bank foreclosed and bought the
properties. The Amorins filed an action for
Recovery of Ownership with Damages. CA
QuickTime
a
declared respondent
Bank
an and
innocent
purchaser
needed
to see this picture.
for value entitled toarethe
protection
of the law with a
better right over the lots than the Amorins.
ISSUE:
Whether or not the Bank is an innocent purchaser
for value whose title must be upheld.
HELD:
NO. While, it is a familiar doctrine that a forged or

fraudulent document may become the root of a
valid title, if the property has already been
transferred from the name of the owner to that of
the forger, the same is not true. This doctrine
serves to emphasize that a person who deals with
registered property in good faith will acquire good
title from a forger and be absolutely protected by a
Torrens title.
It cannot be overemphasized that respondent
Bank, being in the business of extending loans
secured by real estate mortgage, is familiar with
rules on land registration. As such, it was, as here,
expected to exercise more care and prudence than
private individuals in their dealing with registered
lands. Accordingly, given inter alia the suspicionprovoking presence of occupants other than the
owner on the land to be mortgaged, it behooved
respondent Bank to conduct a more exhaustive
investigation on the history of the mortgagors title.
That respondent Bank accepted in mortgage the
property in question notwithstanding the existence
of structures on the property and which were in
actual, visible and public possession of a person
other than the mortgagor, constitutes gross
negligence amounting to bad faith.
In the absence of such inquiry, the respondent
Bank cannot and should not be regarded as a
mortgagee/purchaser in good faith.
6. 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
buildings
d. From any right or liability that may arise
due to change of the law on descent
e. From the rights of partition between coowners
f. From the right of the government to
take the land by eminent domain
g. From liability to be recovered by an
assignee in insolvency or trustee in
bankruptcy under the laws relative to
preferences
h. From any other rights or liabilities
Page 281 of 297

created by law and applicable to
unregistered land
7. Where certificate of title is obtained by a
trustee
a. Trustee who obtains a Torrens title in his
name, over property held in trust by him
for another cannot repudiate the trust
relying on the registrations, such being
one of the limitations upon the finality of
title
b. Trustee could not perforce legally convey
ownership of the registered property in
her will for she is not the absolute owner
thereof
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
1. Except a will that purports to convey or
affect a registered land, the mere execution
of the deeds of sale, mortgage, or lease or
other voluntary documents serve only 2
purposes:
a. as a contract between the parties
thereto, and
b. as evidence of authority to the ROD to
register such documents
2. It is only the act of registering the
instrument in the ROD of the province or
city where the land lies which is the
operative act that conveys ownership or
affects the land insofar as third persons are
concerned.
3. The act of registration creates a
constructive notice to the whole world of
such voluntary or involuntary instrument or
court writ or process.
VOLUNTARY
INVOLUNTARY
DEALINGS
DEALINGS
Refer to deeds,
Refer to such writ or
QuickTime
instruments, or
orderandora process issued
picture. of record
see thi
documents which areare needed toby
ascourt
results of the free and
affecting registered land
voluntary acts of the
which by law should be
parties thereto
registered to be
effective, and also to
such instruments which
are not the willful acts of
the registered owner
and which may have
Sale
Real property mortgage
Lease
Pacto de retro sale
Extra-judicial settlement
Free patent/homestead
Powers of attorney
Trusts
An innocent purchaser 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 and pays
the registration fees
Need to present title to
record the deed in registry
& to make memorandum
on title
been executed even

without his knowledge or
against his consent
Attachment
Injunction
Mandamus
Sale on execution of
judgment or sales for
taxes
Adverse claims
Notice of lis pendens
Entry thereof in the day
book of the ROD is
sufficient notice to all
persons even if the
owners duplicate
certificate of title is not
presented to the ROD
No presentation
required; annotation in
entry book is sufficient
VOLUNTARY DEALINGS
Operative Act: registration by owner, if deed is not
registered, it is binding only between parties
GENERAL RULE: 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
defeat his right thereto (Fule v. Legare, 7
SCRA 351 [1963]).
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 v. CA &
Suzara, 281 SCRA 491 [1997]).
Although generally a forged or fraudulent deed
is a nullity and conveys no title, however, there
are instances where such a fraudulent
document may become the root of a valid title.
Page 282 of 297

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 v. Legare,
7 SCRA 351 [1963]).
EXCEPTIONS: BOB-IM-LK
1. Where the purchaser or mortgagee is a
bank/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 (Dela Merced v. GSIS, 365 SCRA 1
[2001]).
2. The ruling in Fule v. Legare 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 (Tomas v. Tomas, 98
SCRA 280 [1980]).
3. Purchaser in bad faith (Egeo v. CA, 174
SCRA 484 [1989])
4. Sufficiently strong indications to impel
closer inquiry into the location, boundaries,
and condition of the lot (Francisco v. CA,
153 SCRA 330 [1987]).
5. Where a person buys land not from the
registered owner but from one whose rights
to the land has been merely annotated on
the certificate of title (Quiniano v. CA, 39
SCRA 221 [1971]).
6. Purchases land with a certificate of title
containing a notice of lis pendens
7. Purchaser had full knowledge of flaws and
defects in the title (Bernales v. IAC, 166
SCRA 519, [1988]).
PROCESS OF REGISTRATION: (GENERALLY)

1. File the instrument creating or transferring the
interest and the certificate of title with ROD,
including:
a. Owners duplicate
b. Payment of fees and documentary stamp
tax
c. Evidence of full QuickTime
payment
andof
a real estate tax
are needed
to ser:
ee this
d. Document of
transf
1picture.
additional copy for
city/provincial assessor
2. ROD shall make a memorandum on the
certificate of title, signed by him
3. Issuance of the TCT
REGISTRATION OF REAL PROPERTY
MORTGAGE:
1. Execution of deed in a form sufficient in law
(public instrument)
2. Registration with ROD where the land lies
a. Present deed of mortgage together with
b. Owners Duplicate and affidavit of good
faith
c. Payment of fees
d. ROD shall enter upon original certificate of
title and upon duplicate a memorandum
(date, time of filing, signature, file number
assigned to deed)
e. ROD to note on the deed the date and time
of filing, and reference to volume and page
of the registration book in which it was
registered
3. No duplicate need be issued
REGISTRATION OF CHATTEL MORTGAGE:
1. Execution of document
2. Present the document together with affidavit of
good faith
3. Payment of fees
4. ROD enters in Day Book in strict order of their
presentation chattel mortgages and other
instruments relating thereto (primary process)
5. ROD thereafter enters in a more detailed form
the essential contents of the instrument in the
Chattel Mortgage Register (complementary
process)
EFFECT OF REGISTRATION:
1. Creates a lien that attaches to the property in
favor of the mortgagee
2. Constructive notice of his interest in the
property to the whole world
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 and not a chattel mortgage (if no
chattel mortgage deed executed)
Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH:
Statement that:
1. Mortgage is made to secure obligation
specified
2. That it is a valid and just obligation
3. That it is not entered into for purposes of
fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD
FAITH:
Vitiates mortgage as against creditors and
subsequent encumbrancers
Mortgage is not valid as between parties
Page 283 of 297

No need to be in public document
REGISTRATION OF LEASE
It is the lessee, not the lessor, who is required
to initiate the registration.
1. File with ROD the instrument creating lease
together with owners duplicate of certificate of
title
2. ROD to register by way of memorandum upon
certificate of title
3. No new certificate shall be issued
NOTE: When there is prohibition in mortgaged
property as regards subsequent conveyances, etc.,
leasehold cannot be registered in the title thereof
1. Creates a real right but without prejudice to rights
of 3rd persons
2. If it is not registered, it is valid as between parties
but not to 3rd persons without notice
MAY ALIENS REGISTER LEASE? YES
1. May be granted temporary rights for
residential purposes
2. Limit: 25 years, renewable for another 25
years
WHO ELSE MAY REGISTER? Builder in Good Faith
REGISTRATION OF TRUST
1. Implied Trust: present a sworn statement
claiming interest by reason of an implied trust
with description of land and reference to the
number of certificate shall be registered in
ROD
2. Express Trust: instrument creating the trust
does not prohibit registration
REGISTRATION OF APPOINTED TRUSTEE BY
COURT
Certified copy of decree shall be presented to
ROD and surrender duplicate certificate
Cancel duplicate & new certificate shall be
entered by ROD
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INVOLUNTARY DEALINGS:
needed to see this picture.
Transactions areaffecting
which
land
in
cooperation of registered owner is not needed,
or even against his will
1. ATTACHMENT
A writ issued at the institution or during
progress of an action commanding the sheriff
to attach the property, rights, credits, or
effects of the defendant to satisfy demands
of the plaintiff
Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION
OF
ATTACHMENT/OTHER
LIENS:
1. Copy of writ in order to preserve any lien, right,
or attachment upon registered land may be
filed with ROD where land lies, containing
number of certificate of title of land to be
affected or description of land
2. ROD to index attachment in names of both
plaintiff and defendant or name of person for
whom property is held or in whose name
stands in the records
3. If duplicate of certificate of title is not
presented:
a. ROD shall, within 36 hours, send notice to
registered owner by mail stating that there
has been registration and request him to
produce duplicate so that memorandum
may be made
b. If the owner neglects or refuses to comply,
the ROD shall report the matter to the court
c. The court, after notice, shall enter an order
to owner to surrender certificate at the time
and place named therein
4. Although notice of attachment is not noted in
duplicate, notation in book of entry of ROD
produces the effect of registration already.
EFFECTS OF REGISTRATION OF ATTACHMENT:
REEA
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments, one that is
earlier in registration is preferred
4. If it is not registered, actual knowledge is the
same as registration
2. EXECUTION SALE
To enforce a lien of any description on
registered land, any execution or affidavit to
enforce such lien shall be filed with ROD
where land lies
Register in registration book & memorandum
upon proper certificate of title as adverse
claim or as an encumbrance
To determine preferential rights between 2
liens: priority of registration of attachment
a. TAX SALE
Sale of land for collection of delinquent
taxes and penalties due the government
Page 284 of 297

In personam (all persons interested shall

be notified so that they are given an
opportunity to be heard)
Notice to be given to delinquent tax
payer at his last known address
Publication of notice must also be made
in English, Spanish, and local dialect,
posted in a public and conspicuous place
in the place where the property is
situated and at the main entrance of the
provincial building
Sale cannot affect rights of other lien
holders unless given the right to defend
their rights: due process must be strictly
observed
Tax lien superior to an attachment
There is no need to register a tax lien
because it is automatically registered
once the tax accrues
But the sale of registered land to
foreclose a tax lien needs to be
registered
PROCEDURE OF REGISTRATION OF TAX SALE:

1. Officers return shall be submitted to the ROD
together with the owners duplicate title
2. Register in the registration book
3. Memorandum shall be entered in the certificate
as an adverse claim or encumbrance
4. After a period of redemption has expired and
no redemption made (2 years from registration
of auction sale), title must be cancelled and
new title will be issued
5. Before the cancellation, notice shall be sent to
registered owner, to ask him to surrender title
and show cause why it shall not be cancelled
3. ADVERSE CLAIM
Sajonas v. CA, 258 SCRA 79 (1996)
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. The disputed land is subject to the
outcome of the dispute.
Claim is adverse when:
QuickTime
and a
1. A claimants
right
or interest
in registered
land is adverse
to the registered owner;
2. Such right arose subsequent to date of
original registration
3. No other provision is made in the Decree
for the registration of such right or claim
(Sec. 70, PD 1529)
A mere money claim cannot be registered as an

adverse claim.
Actual knowledge is equivalent to registration

of adverse claim.
No 2nd adverse claim based on the same
ground may be registered by the same
claimant.
FORMAL REQUISITES OF AN ADVERSE CLAIM

FOR PURPOSES OF REGISTRATION: WNR
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
NOTE: Noncompliance with said formal requisites
renders such adverse claim non-registrable and
ineffective.
PERIOD OF EFFECTIVITY; WHEN CANCELLED
The adverse claim shall be effective for a
period of 30 days from the date of registration
and it may be cancelled:
a. After the lapse of 30 days, upon the filing
by the party-in-interest of a verified petition
for such purpose
b. Before the lapse of said 30 days, upon the
filing by the claimant of a sworn petition
withdrawing his adverse claim
c. Before the lapse of the 30-day period,
when a party-in-interest files a petition in
the proper RTC for the cancellation of the
adverse claim and, after notice and
hearing, the court finds that the claim is
invalid. If the court also finds the claim to
be frivolous, it may fine the claimant the
amount of not less than 1,000 pesos nor
more than 5,000 pesos, in its discretion
Diaz-Duarte v. Ong, 298 SCRA 388 (1998)
For this purpose, the interested party must file with
the proper court a petition for cancellation of adverse
claim, and a hearing must also first be conducted.
The Register of Deeds cannot on its own
automatically cancel the adverse claim.
Sanchez v. CA, 69 SCRA 327 (1976)
Page 285 of 297

Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271,
May 28, 1958
An adverse claim may exist concurrently with a
subsequent annotation of a notice of lis pendens.
party who caused such registration

5. Deemed cancelled when certificate issued by
clerk of court stating manner of disposal of
proceeding is registered
Villaflor v. Juezan, 184 SCRA 315 (1990)

When an adverse claim exists concurrently with a
notice of lis pendens, the notice of adverse claim may
be validly cancelled after the registration of such
notice, since the notice of lis pendens also serves the
purpose of the adverse claim.
LIS PENDENS HAS NO APPLICATION TO THE

FOLLOWING:
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of estate of
deceased persons and
5. Proceedings in which the only object is the
recovery of a money judgment
4. NOTICE OF LIS PENDENS

Heirs of Marasigan v. IAC, 152 SCRA 253 (1987)
The purpose of the notice of lis pendens is 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.
It merely creates a contingency and not a lien
WHEN NOTICE OF LIS PENDENS IS PROPER:
RQCPO
1. To recover possession of real estate
2. To quiet title thereto
3. To remove clouds upon the title thereof
4. For partition, and
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.
1. Impossibility of alienating the property in
dispute during the pendency of the suit
2. It may still be alienated but the purchaser is
subject to the final outcome of pending suit
3. ROD is duty-bound to carry over notice of lis
pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS: M-NUVD
Before final judgment, the court may order
the cancellation: QuickTime and a
1. After showing that
notice
is picture.
only for purpose of
are needed
to see this
molesting an 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. When the consequences of the trial are
unnecessarily delaying the determination of the
case to the prejudice of the other party
4. ROD may also cancel by verified petition of
OTHER PARTIES WHO NEED TO REGISTER:

1. ASSIGNEE IN INVOLUNTARY PROCEEDING
FOR INSOLVENCY
Duty of the officer serving notice to file
copy of notice to ROD where the property
of debtor lies
Assignee elected or appointed by court
shall be entitled to entry of a new certificate
of registered land upon presentment of
copy of assignment with the bankrupts
duplicate certificate of title
New certificate shall not state that it is
entered to him as assignee or trustee in
insolvency proceedings
Judgment/Order Vacating Insolvency
Proceedings
Order shall also be registered
Surrender title issued in name of
assignee & debtor shall be entitled to
entry of new certificate
2. GOVERNMENT IN EMINENT DOMAIN
Copy of judgment filed in ROD 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
CADASTRAL REGISTRATION is 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
The government does not seek registration of
the land in its own name
Page 286 of 297

The objective of the proceeding is the

adjudication of title to the lands involved in the
proceeding
PROCEDURE: NN-CP-PAHD-DI
1. Notice of cadastral survey published once in
OG and posted in conspicuous place with a
copy furnished to the mayor and barangay
captain
2. Notice of date of survey by the Bureau of Land
Management and posting in bulletin board of
the municipal building of the municipality or
barrio, and he shall mark the boundaries of the
lands by monuments set-up in proper places
thereon
3. Cadastral survey
4. Filing of petition
5. Publication (twice in successive issues of OG),
mailing, posting
6. Filing of answer
7. Hearing of the case
8. Decision
9. Issuance of the decree and certificate of title
NOTE: The cadastral court is not limited to mere
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 v. Vera, 120 SCRA 210 [1983]).
Nature
Applicant
Lands covered
Parties
PD 1529
Voluntary
Landowner
Cadastral
Compulsory
Director of
Lands
all classes of
lands are
included
usually
involves private
land
it may also
refer to public
agricultural
lands if the
object
ofQuickTim
the e and a
are needed
action
is to see this picture.
confirmation of
an imperfect title
Applicant and
Government,
opponent
Landowners
must come to
court as
claimants of
their own lands
Purpose
Person who
requests the
survey
Effect
of
judgment
Petitioner
comes to court
to confirm his
title and seeks
the registration
of the land in his
name
Landowner
Government
asks the court to
settle and
adjudicate the
title of the land
no adverse
claim
if the applicant
fails to prove his
title, his
application may
be dismissed
without
prejudice (no
res judicata)
if none of the
applicants can
prove that he is
entitled to the
land, the same
shall be
declared public
(res judicata)
Government
PATENTS
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
The classification is the exclusive prerogative
of executive and not by judiciary
Anyone who applies for confirmation of
imperfect title has the burden of proof to
overcome the presumption that the land sought
to be registered forms part of public domain
(Regalian doctrine)
UNDER THE CONSTITUTION:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable:
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasipublic uses
2. Timber lands: inalienable
3. Mineral lands: inalienable
If patent or title is issued, it is void ab
initio for lack of jurisdiction
It is not subject to acquisitive prescription
even if in possession for long time, it will
not ripen into ownership
Except: mineral lands and forest lands
acquired
before
inauguration
of
Commonwealth in November 15, 1935
because there are vested rights which
are protected
Page 287 of 297

FISHPONDS
Before: It was included in the definition of
agriculture, therefore the conversion of
agricultural land to fishponds did not change
character of land
Now: It has a restricted meaning; Fishponds
have a distinct category and cannot be
alienated but may be leased from government
WHEN GOVERNMENT GRANT DEEMED
ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government
patent/grant
2. Registered with the ROD: mandatory, it is the
operative act to convey and transfer title
3. Actual physical possession, open and
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 and void
Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION
OF PATENT:
1. Indefeasible when registered, and deemed
incorporated with Torrens system 1 year after
the issuance of patent
2. May not be opened 1 year after entry by LRA
(otherwise, confusion and uncertainty on the
government system of the distribution of
public lands may arise and this must be
avoided)
Except: if it is annullable on ground of fraud,
then it may be reopened even after 1 year
because registration does not shield bad faith
The court, in the exercise of its equity
jurisdiction, may direct reconveyance
even without ordering cancellation of title
HOMESTEAD RESTRICTIONS:
1. Cannot be alienated within 5 years after
approval of application for patent
2. Cannot be liable for satisfaction of debt within 5
years after approval of patent application
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3. Subject to repurchase
ofdechompressor
eirs within 5 years
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needed to see this picture.
after alienation are
when
allowed already
4. No private corporation, partnership, association
may lease land unless it is solely for
commercial, industrial, educational, religious or
charitable purpose, or right of way (subject to
consent of grantee and approval of Secretary
of Environment & Natural Resources)
EXCEPTIONS:
1. Action for partition because it is not a

conveyance
2. Alienations or encumbrances made in favor of
the government
ERRING HOMESTEADER NOT BARRED BY PARI
DELICTO
Pari delicto rule does not apply in void
contracts
Violation of prohibition results in void contract
Action to recover does not prescribe
KINDS
HOMESTEAD
PATENT
FREE PATENT
TO WHOM
GRANTED
To any
Filipino
citizen over
the age of 18
years or
head of a
family
To any
natural born
citizen of the
Philippines
(filing ended
Dec. 31,
2000)
REQUIREMENTS
does not own
more than 12
hectares of land in
the Philippines or
has not had the
benefit of any
gratuitous
allotment of more
than 12 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-ininterest, tracts of
disposable
agricultural public
land for at least 30
years prior to
March 28,1990
paid real property
taxes on the
property while the
same has not
been occupied by
any person
grant will be
limited to 12
hectares only
Page 288 of 297

SALES
PATENT
Citizens of
the
Philippines of
lawful age or
head of the
family may
purchase
public
agricultural
land of not
more than 12
hectares
to have at least
1/5 of the land
broken and
cultivated within 5
years from the
date of the award
(public auction)
shall have
established actual
occupancy,
cultivation, and
improvement of at
least 1/5 of the
land until the date
of such final
payment
for agricultural
lands suitable for
residential,
commercial or
industrial
purposes, patent
is issued only
after:
1.) full payment of
purchase price,
and
2.) completion of
the construction of
permanent
improvements
appropriate for
purpose for which
the land is
purchased (must
be completed
within 18 months
from date of
award)
To any
does not own a
citizen of
home lot in the
legal age for
municipality in
residential
which he resides
purposes
in good faith,
established his
residence on a
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a
parcel
of land of
are needed to see this ppublic
icture.
domain not
needed for public
service
not more than
1000 sq. m.
occupant must
have constructed
his house on the
land and actually
SPECIAL
PATENT
To NonChristian
Filipinos
under the
Public Land
Act
resided therein
no public auction
required
not subject to
any restriction
against
encumbrance or
alienation
Secretary of the
DILG shall certify
that the majority of
the non-Christian
inhabitants of any
given reservation
have advanced
sufficiently in
civilization
PROCEDURE FOR REGISTRATION OF PUBLIC

LANDS: IFEFI
1. Official issues an instrument of conveyance
2. File the instrument with ROD
3. Instrument is to be entered in books and
owners duplicate to be issued
Instrument is only a contract between
Government and private person and
does not take effect as conveyance if
unregistered, it is registration which is
operative act of conveying land; evidence
of authority for ROD to register
4. Fees to be paid by grantee
5. After issuance of certificate of title, land is
deemed registered land within the purview of
the Torrens system
RESTRICTION ON ALIENATION/ENCUMBRANCE
OF LANDS TITLED PURSUANT TO PATENTS:
1. Lands under free patent or homestead patent
is prohibited from being alienated/encumbered,
except if in favor of the government, within 5
years from and after the issuance of the patent
or grant (Republic v. Heirs of Felipe Alejaga,
Sr., 393 SCRA 361 [2002])
2. Transfer or conveyance of any homestead after
5 years and before 25 years after the issuance
of the title without the approval of the DENR
Secretary
3. Lands acquired under emancipation patents
issued to landless tenants and farmers must
not be alienated or encumbered within 10
years from issuance of the title
4. Conveyances and encumbrances made by
persons belonging to the non-Christian tribes
may be made only when the person making the
conveyance or encumbrance is able to read
and understand the language in which the
Page 289 of 297

instrument or deed is written. If illiterate, must
be approved by the then Commissioner of
Mindanao and Sulu
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, the
one procured through a decree of registration
is superior than patent issued by director of
lands
2 titles procured by one person: one from
homestead patent, and one from judicial
decree and sold to 2 different persons, the one
who bought it for value and in good faith and
who registered first shall have preference
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA
361 (2002)
A free patent obtained through fraud or
misrepresentation is void. Furthermore, the one-year
prescriptive period provided in the Public Land Act
does not bar the State from asking for the reversion
of property acquired through such means.
Once a patent is registered and the corresponding
certificate of title issued, the land covered by them
ceases to be part of the public domain and becomes
private property. Further, the Torrens Title issued
pursuant to the patent becomes indefeasible a year
after the issuance of the latter. However, this
indefeasibility of a title does not attach to titles
secured by fraud and misrepresentation. Well-settled
is the doctrine that the registration of a patent under
the Torrens System does not by itself vest title; it
merely confirms the registrants already existing one.
Verily, registration under the Torrens System is not a
mode of acquiring ownership.
Therefore, under Section 101 of Commonwealth Act
No. 141, the State -- even after the lapse of one year
-- may still bring an action for the reversion to the
public domain of land that has been fraudulently
granted to private individuals. Further, this
indefeasibility cannot be a bar to an investigation by
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and a
the State as to howTIFF
the
title
has been
acquired, if the
(Uncompressed) decompressor
purpose of the investigation
is to determine whether
fraud has in fact been committed in securing the title.
Section 118 of Commonwealth Act No. 141
proscribes the encumbrance of a parcel of land
acquired under a free patent or homestead within five
years from its grant. The prohibition against any
alienation or encumbrance of the land grant is a
proviso attached to the approval of every application.
REMEDIES AVAILABLE TO AGGRIEVED PARTY

IN REGISTRATION PROCEEDINGS
MOTION TO
before judgment
LIFT/SET ASIDE
FAME and with valid defense
ORDER OF DEFAULT under oath
MOTION FOR NEW 15 days from notice of
TRIAL
judgment
GROUNDS:
a. Fraud, accident, mistake,
excusable negligence
(FAME) which ordinary
prudence could not have
guarded against
b. Newly discovered evidence
c. Award of excessive
damages, or insufficiency
of evidence to justify
decision, or that the
decision is against the law
APPEAL
15 days from notice of
judgment
To the CA/SC
60 days after petitioner learns
RELIEF FROM
JUDGMENT
of judgment, but not more than
6 months after judgment was
entered
REQUISITES:
a. FAME, with affidavit of
merit; in case of extrinsic
fraud, state that deprived of
hearing or prevented from
appealing
b. After judgment
c. Person deprived of right is
party to case
PETITION FOR
Within 1 year after entry of
REVIEW OF
decree of registration
REGISTRATION
it will not prosper if transferred
DECREE
to innocent purchaser for value
GROUNDS:
a. actual or extrinsic fraud,
committed outside trial,
preventing petitioner from
presenting his side
b. fatal infirmity in the decision
for want of due process
c. lack of jurisdiction of the
court
REQUISITES:
a. Petitioner has a real and
dominical right
b. He has been deprived of
such right
c. Through actual or extrinsic
fraud
d. The petition is filed within 1
Page 290 of 297

year from the issuance of
the decree
e. The property has not been
passed on to an innocent
purchaser for value
available so long as property
ACTION FOR
not yet passed to innocent
RECONVEYANCE
purchaser for value
by aggrieved party, whose
land was registered wrongly to
another person
before issuance of decree, or
within/after 1 year from entry
action in personam
if based on implied trust, it
must be instituted within 10
years, and imprescriptible if by
registered owner or his
children, co-heir, or plaintiff in
possession
if based on expressed trust
and void contract,
imprescriptible
if based on fraud, it must be
instituted within 4 years from
the discovery of the fraud
RECOVERY FOR
REQUISITES:
DAMAGES
a. Person is wrongfully
deprived of his land by
registration in name of
another (actual or
constructive fraud
b. No negligence on his part
c. Barred/ precluded from
bringing an action (after 1
year from decree)
d. Action for compensation
has not prescribed
ACTION FOR
REQUISITES:
a. The aggrieved party
COMPENSATION
FROM THE
sustained loss or damage,
ASSURANCE FUND*
or is deprived land or any
estate or interest therein
b. Such loss, damage or
deprivation was occasioned
by the bringing of the land
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a
under
the
of the
are neeTorrens
ded to see this system
picture.
or arose
after the original registration
of the land
c. The loss, damage or
deprivation was due to
fraud, or any error,
omission, mistake, or
misdescription in any
certificate of title or in any
CANCELLATION
SUITS
ANNULMENT OF
JUDGMENT
REVERSION SUIT
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
provisions of any law from
bringing an action for the
recovery of such land or the
estate or interest therein;
f. The action has not
prescribed: must be
instituted within a period of
6 years from the time the
right to bring such action
first occurred-which is the
date of issue of the
certificate of title
g. Execution first against
person responsible for
fraud; if insolvent, against
national treasury
Where 2 certificates are
issued to different persons
covering the same land, the
title earlier in date must
prevail, unless procured by
fraud or is jurisdictionally
flawed
The later title should be
declared null and void and
ordered cancelled
It is the aggrieved party that
institutes the action
In case of non-registered
land, must be filed by the
OSG for cancellation of title
or reversion to State
Voiding or cancellation of
OCT does not affect
derivative TCTs if their
holders not given
opportunity to be heard and
defend their title
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
the petitioner (Linzag v.
CA, 291 SCRA 304
[1998]).
The objective is the
Page 291 of 297

QUIETING OF TITLE
cancellation of the
certificate of title and the
consequential reversion of
the land covered in the land
grant to the State
GROUNDS:
a. Violation of Sections
118, 120, 121 and 122
of the Public Land Act
(ex. 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
e. When the land is
acquired in violation of
the Constitution (e.g.
land acquired by an
alien)
Indefeasibility of title,
prescription, laches, and
estoppel do not bar
reversion suits
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, effective, voidable
or unenforceable, and may
be prejudicial to said title
(Art. 476, Civil Code)
An ordinary civil remedy
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from the registered
TIFF(UncoAside
mpressed) decompressor
owner, a person who has
an equitable right or
interest in the property may
likewise file such action
(Mamadsul v. Moson, 190
SCRA 82 [1990])
Imprescriptible if plaintiff is
in possession; if not, must
CRIMINAL ACTION
be brought within 10 years

from loss of possession
The 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 v.
Cainglet, 16 SCRA 749
[1966] )
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
It is created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to
land.
Upon entry of certificate in name of owner or
TCT, of 1% shall be paid to the ROD based
on assessed value of land as a contribution to
the assurance fund
If there is yet no assessment, a sworn
declaration of 2 disinterested persons on the
value of the land, subject to determination by
court, is required.
Money shall be in the custody of the National
Treasurer who shall invest it until principal plus
interest aggregates to 500,000. The excess
shall be paid to the Assurance Fund and be
included in the annual report of Treasurer to
Secretary of Budget
WHO IS ENTITLED:
1. Claimant must be owner, purchaser or
encumbrancer in good faith who suffered
actual damage by loss of land. In short, he is
deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to
recover said land
4. Action to recover from assurance fund has
not prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO
FOLLOWING REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of
area in certificate of title
Page 292 of 297

LOSS/DAMAGES SHOULD BE DUE TO THE
FOLLOWING REASONS:
1. Omission, mistake, misfeasance of
ROD or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in
4. certificate of title,
duplicate or entry in books
5. Cancellation
AGAINST WHOM ACTION IS FILED:
1. Action due to deprivation of land due to
mistake, negligence, omission of ROD, etc:
ROD and National Treasurer as defendants;
Sol-Gen must appear
2. Private persons involved should also be
impleaded
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied: secondarily liable is the
National Treasurer who shall pay through the
assurance fund; thereafter Government shall
be subrogated to rights of plaintiff to go
against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair
market value of land
Amount to be recovered not limited to
500,000 which is maintained as standing
fund
If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from
other funds available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION AGAINST
ASSURANCE FUND:
1. Any court of competent jurisdiction: RTC in
city where property lies or resident of plaintiff
2. Action prescribes in 6 years from time
plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned, he
a
has additional
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years andafter
disability is
this picture.notwithstanding
removed toare needed
file to see
action
expiration of regular period
PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to
be filed by person in interest with ROD
Petition to court for the issuance of new
title
After notice and hearing, the court is to
order issuance of new title with
memorandum that it is issued in place of
lost certificate (duplicate)
If false statement, he can be charged with
the complex crime of estafa through
falsification of public document
2. ADVERSE CLAIM IN REGISTERED LAND

Different from lis pendens:
Lis pendens has no expiration period but
adverse claim is only for 30 days:
Lis pendens is a notice that property is in
litigation while adverse claim signifies that
somebody is claiming better right
Recent ruling: adverse claim can only be
removed upon court order, therefore, it is
considered to be the more permanent and
stable one as compared to lis pendens
3. PETITION SEEKING SURRENDER OF
DUPLICATE TITLE
In voluntary and involuntary conveyances:
when the duplicate cannot be produced,
the party must petition the court to compel
the surrender of duplicate certificate of title
to ROD
After hearing, the court may order issuance
of a new certificate and annul the old
certificate
The new certificate shall contain an
annotation regarding the annulment of the
old certificate
4. 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 are not
allowed to be altered except by order of
court
Grounds:
1. New interest that does not appear on
the instrument have been created
2. Interest have been terminated or
ceased
3. Omission or error was made in
entering certificate
4. Name of person on certificate has been
changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered
Page 293 of 297

land has dissolved and has not
conveyed the property within 3 years
after its dissolution
8. What corrections are permitted in title
(which does not include lands included
in original; technical description as long
as original decree of registration will
not be reopened and rights or interest
of persons not impaired; old survey
was incorrect; substitution of name of
registered owner)
a. Alterations which do not impair rights and
b. Alterations which impair rights: with consent
of all parties
c. Alterations to correct obvious mistakes
5. RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE
The restoration of the instrument which is
supposed to have been lost or destroyed in
its original form and condition, under the
custody of ROD
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 v. Dulay,
187 SCRA 12 [1990])
As consequence of war, the records have
been destroyed
When reconstituted, the new title have the
same validity as old title
Kinds:
a. Judicial
File a petition with the RTC
To be published in OG for 2
consecutive issues and on main
entrance of municipality for at least
30 days before hearing
In rem proceedings
Court is to order reconstitution if it
deemed fit; and issue an order to
ROD
The lack of essential data is fatal
SOURCES OF JUDICIAL
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OF
TITLE
RECONSTITUTION
1. FOR OCT (in this 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 ROD
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 of mortgage, lease, or
encumbrance
containing
description of property covered by
the certificate of title and on file
with the ROD, or an authenticated
copy thereof indicating that its
original had been registered
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 TCT and on file with
the ROD, or an authenticated copy
thereof indicating its original had
been registered and pursuant to
which the lost or destroyed
certificate of title was issued
c. Same as sources (e) and (f) for
reconstitution of OCT
b. Administrative
May be availed of only in case of:
1. Substantial loss or destruction
of the original land titles due to
fire, flood, or other force
majeure as determined by the
Administrator of the LRA
2. 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 ROD
3. In no case shall the number of
certificates of title lost or
damaged be less than 500,
and
4. Petitioner must have the
duplicate copy of the certificate
of title (RA 6732)
NOTES:
The law provides for retroactive application
thereof to cases 15 years immediately preceding
1989
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
Page 294 of 297

SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owners duplicate of the certificate of title
b. Co-owners, mortgagees, or lessees
duplicate of said certificate
CONTENTS OF PETITION
1. That the owners duplicate of the certificate
of title had been lost or destroyed
2. That no co-owners, mortgagors, or
lessees duplicate had been issued
3. The location, area and boundaries of the
property
4. The nature and description of the buildings
or improvements, if any, which do not
belong to the owner of the land, and the
names and addresses of the owners of
such buildings or improvements
5. The names and addresses of the (a)
occupants or persons in possession of the
property, (b) of the owners of the adjoining
properties and (c) of all persons who may
have any interest in the property
6. A detailed description of the encumbrance,
if any, affecting the property
7. A statement that no deeds or other
instruments affecting the property have
been presented for registration, or, if there
be any, the registration thereof has not
been accomplished, as yet
PUBLICATION, MAILING AND POSTING IN
PETITIONS FOR RECONSTITUTION OF TITLE:
Notice thereof shall be published twice in
successive issues of the OG
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
To be sent by registered mail or otherwise, at
the expense of the petitioner, to every person
named in said notice
This should be done at least 30 days prior to
the date of hearing.
MWSS v. Sison, 124 SCRA 394 (1983)
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The publication of the
petition indecompressor
2 successive issues
TIFF (Uncompressed)
of the Official Gazette, the service of the notice of
hearing to the adjoining owners and actual occupants
of the land, as well as posting of the notices in the
main entrance of the provincial and municipal
buildings where the property lies at least 30 days
prior to the date of the hearing, as prescribed by
Section 13 of the law (RA 26), are mandatory and
jurisdictional requisites If an order if
reconstitution is issued without any previous

publication as required by law, such order of
reconstitution is null and void. Even the publication of
the notice of hearing in a newspaper of general
circulation like the Manila Daily Bulletin, is not a
substantial compliance with the law because Section
13 specifies OG and does not provide for any
alternative medium or manner of publication.
Manila Railroad Company v. Moya, 215 Phil. 593
(1984)
Notice must be actually sent or delivered to parties
affected by the petition for reconstitution. The order
of reconstitution, therefore, having been issued
without compliance with the said requirement, has
never become final as it was null and void.
Puzon v, Sta. Lucia Realty and Development, Inc.,
353 SCRA 699 (2001)
Service of notice of the petition for reconstitution filed
under RA 26 to the occupants of the property, owners
of the adjoining properties, and all persons who may
have any interest in the property is not required if the
petition is based on the owners duplicate certificate
of title or on that of the co-owners, mortgagees, or
lessees.
Republic v. Sanchez, G,R, No. 146081, July 17,
2006
FACTS:
Sanchez sought for reconstitution of titles alleged to
have been destroyed by a fire which razed the Office
of the ROD in June 1988. The reconstitution of the
title is based on Sanchezs duplicate title. They
submitted to the RTC a Report allegedly signed by
the Chief of the Reconstitution Division of the LRA
stating that the technical description of the lot does
not overlap previously plotted properties. Without
serving notices of the petition to adjoining owners,
the RTC then granted the petition for reconstitution.
After the decision became final, LRA submitted to the
Court another report claiming that the first report was
fake and recommends that the RTC set aside its
decision. LRA also claims that the notice of the
petition should have been served on adjoining
owners as one of the jurisdictional requirements
since the Authentic LRA Report found Sanchezs title
to be a fake title.
ISSUE:
Whether the trial court acquired jurisdiction over the
case
HELD:
Page 295 of 297

No. The source of the petition for reconstitution in
the case at bar was petitioners duplicate copies of
the TCTs. As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12 and 13.
Section 9 and 10 or RA 26 require that 30 days
before the hearing, (1) a notice be published in 2
successive issues of the OG at the expense of
the petitioner, and (2) such notice be posted at
the main entrances of the provincial building and
of the municipal hall where the property is
located. The notice shall state the following: (1)
the number of the certificate of title, (2) the name
of the registered owner, (3) the names of the
interested parties appearing in the reconstituted
certificate of title, (4) the location of the property,
and (5) the date on which all persons having an
interest in the property must appear and file such
claims as they may have.
In petitions for reconstitution where the source is the
owners duplicate copy, notices to adjoining owners
and to actual occupants of the land are not required.
But Puzon is not applicable here. There is no report
from a pertinent government agency challenging the
authenticity of the duplicate certificates of title
presented in Puzon.
Sections 12 and 13 of RA 26 must apply because
the owners duplicate is claimed by the LRA to be
spurious.
The failure to meet any of the
necessary publication, notice of hearing and
mailing requirements did not vest jurisdiction of
the case to the court.
Thus, the judgment
rendered by the RTC is void and will never
become binding or final as it is a nullity right from
the very start. It may be challenged at any time.
Feliciano v. Spouses Zaldivar, GR No. 162593.
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of TCT
No. T-17993 and reconveyance of the property
covered therein. The said title is registered in the
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name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner of

a lot, part of which is that covered by the above TCT,
and with TCT No. 8502. It was originally leased to
Pio Dalman, Aurelios father-in-law. She attempted
to mortgage the lot to Ignacio Gil, but the mortgage
did not push through. She vehemently denies that
she and her uncle never executed a joint affidavit
confirming the sale, and that TCT No. 8502 was

never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil allegedly
purchased the property from Remegia, the sale of
which was evidenced by the joint affidavit of
confirmation of sale that Remegia and her uncle
purportedly executed before the notary public in
1965. Aurelio then filed a petition for the issuance of
a new owners duplicate copy of TCT No. T-8502
because when they asked Remegia about it, she
claimed it had been lost. A petition for partial
cancellation of the said TCT was granted and TCT
No. 17993 was issued in Aurelios name. They also
allege that they and their predecessors-in-interest
have been occupying the said property since 1947,
openly, publicly, adversely, and continuously or for 41
years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
The trial court correctly held that the CFI which
granted Aurelios petition for issuance of new
owners duplicate copy of TCT No. 8502 did not
acquire jurisdiction. It has been consistently held
that when the owners duplicate certificate of title
has not been lost, but is in fact in the possession
of another person, then the reconstituted
certificate is void, because the court that
rendered the decision had no jurisdiction.
Consequently, the issuance of TCT No. 17993 is
also void, emanating as it did from the void TCT
No. 8502 in Aurelios name. The indefeasibility of
a Torrens title does not apply where fraud
attended the issuance of the title, such as when it
was based on void documents.
6. REGISTRATION OF TRANSACTION
EVIDENCED BY LOST DOCUMENT
ROD is forbidden to effect registration of
lost or destroyed documents
Steps by interested parties:
1. Procure an authenticated copy of lost
or destroyed instrument
2. Secure an order from court
OFFENSES IN LAND REGISTRATION:
1. Larceny
2. Perjury: false statement under oath
3. Fraudulent procurement of certificate
4. Forgery
Page 296 of 297

a. Forging of seal in ROD, name, signature or
handwriting of any officer of court of ROD
b. Fraudulent stamping or assistance in
stamping
c. Forging of handwriting, signature of
persons authorized to sign
d. Use of any document which an impression
of the seal of the ROD is forged
5. Fraudulent sale: sale of mortgaged property
under the misrepresentation that it is not
encumbered; deceitful disposition of property
as free from encumbrance
SYSTEM
OF
REGISTRATION
UNREGISTERED LANDS
FOR
System of registration for unregistered land

under the Torrens System (Act 3344)
Before: covers voluntary dealings
Now: it includes involuntary dealings
Effect: if prospective, it binds 3rd persons after
registration but yields to better rights of 3rd
person prior to registration (limited effect to 3rd
parties)
Reason: no strict investigation involved
Subsequent dealings are also valid if recorded
ROD keeps day book and a register, and an
index system is also kept
Procedure:
1. Presentment of instrument dealing in
unregistered land
2. If found in order, register
3. If found defective, then registration is
refused writing his reason for refusal
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ATENEO CENTRAL BAR OPERATIONS 2007

NATURE OF TORRENS SYSTEM

GENERAL RULE: A title once registered

PROBATIVE VALUE OF THE TORRENS TITLE

Civil Law Summer Reviewer

No consent from the owner

LAWS IMPLEMENTING LAND REGISTRATION

Page 271 of 297

Civil Law Summer Reviewer

verified and acknowledges before a notary public or

Page 272 of 297

Civil Law Summer Reviewer

In 1993, then Pres Ramos ordered the OSG to

Civil Law Summer Reviewer

Persons named in the notice

NOTE: Noncompliance with the requisites will make

Civil Law Summer Reviewer

land had been previously denied in a

Civil Law Summer Reviewer

If there are several parcels of land situated in

AMENDMENTS IN ORDINARY REGISTRATION

for registration when it appears to the court that the

Page 276 of 297

Civil Law Summer Reviewer

JUDICIAL CONFIRMATION OF IMPERFECT OR

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1976 did so on time, even if such application was

LIMITATION TO AREA APPLIED FOR:

Page 277 of 297

Civil Law Summer Reviewer

As long as the land is already considered as

Natividad v. CA, 202 SCRA 439 (1991)

Civil Law Summer Reviewer

CONTENTS OF THE DECREE: DMD-DO

such disability, and if a minor, his age

Civil Law Summer Reviewer

Arguelles v. Timbancaya, 72 SCRA 193

Civil Law Summer Reviewer

NO. While, it is a familiar doctrine that a forged or

Civil Law Summer Reviewer

been executed even

Civil Law Summer Reviewer

One such instance is where the certificate of

PROCESS OF REGISTRATION: (GENERALLY)

Civil Law Summer Reviewer

No need to be in public document

Civil Law Summer Reviewer

In personam (all persons interested shall

PROCEDURE OF REGISTRATION OF TAX SALE:

A mere money claim cannot be registered as an

Actual knowledge is equivalent to registration

FORMAL REQUISITES OF AN ADVERSE CLAIM

Sanchez v. CA, 69 SCRA 327 (1976)

Page 285 of 297

Civil Law Summer Reviewer

party who caused such registration

Villaflor v. Juezan, 184 SCRA 315 (1990)

LIS PENDENS HAS NO APPLICATION TO THE

4. NOTICE OF LIS PENDENS

OTHER PARTIES WHO NEED TO REGISTER:

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The objective of the proceeding is the

Civil Law Summer Reviewer