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4.

The Spanish Mortgage Law of 1893 provided for the systematic registration of land titles
and deeds as well as for possessory claims. Under its provisions owners who lack recorded
LAND TITLES AND DEEDS REVIEWER title of ownership could have their interests registered during possessory information
proceeding before informacion posesoria to qualified applicants. The titulo was merely a
AUSL 1st Sem., SY 2013-2014
record of possession. It could be converted into a record of ownership, however, twenty
Atty. Josephine R. Santiago Saturday 1-3 Set B years (later reduced to ten years) after its date of issue, if certain conditions were met.

I.INTRODUCTION / OVERVIEW 5. The Maura Law of 1894 was partly an amendment of the Mortgage Law as well as the Laws
of the Indies, as already amended by previous orders and decrees. This was the last Spanish
LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain land law promulgated in the Philippines. It required the adjustment or registration of all
control and as a rule assert right to exclusive possession and enjoyment of property. agricultural lands, otherwise the lands shall revert to the state.

DEED is the instrument in writing by which any real estate or interest therein is created, alienated, 6. Under the Treaty of Paris of December 10, 1998, Spain ceded to the government of the
mortgaged, or assigned, or by which title to any real estate may be affected in law or equity. United States all rights, interests and claims over the national territory of the Philippines
Islands. However, the Treaty was explicit that the relinquishment and cession cannot in any
LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a
respect impair the property rights which by law belong to peaceful possession.•
particular land is determined and confirmed or recognized so that such land and the ownership
thereof may be recorded in a public registry. Separate Opinion of J. PUNO in Cruz v. Secretary 347 SCRA 128

TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s A. How did Spain acquire the Philippines?
application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.
The Philippines passed to Spain by virtue of discovery• and conquest•. Consequently, all lands
A.History of Land Laws became the exclusive patrimony and dominion of the Spanish Crown. The Spanish Government took
charge of distributing the lands by issuing royal grants and concessions to Spaniards, both military
i. Lynch Article
and civilian.
Spanish Era
Private land titles could only be acquired from the government either by purchase or by the various
1. The indigenous concept of ownership by occupation and cultivation was recognized early modes of land grants from the Crown.
on by the Laws of the Indies which governed Spanish possessions in the Philippines and
elsewhere.
Separate Opinion of J. KAPUNAN in Cruz v. Secretary 347 SCRA 128
2. Royal Decree stated that justified long and continuous possession by the natives qualified
them for title to their cultivated land. Where such possessors shall not be able to produce A. How did Spain acquire the Philippines?
title deeds, it shall be sufficient if they shall show ancient possessions as a valid title.•
When Spain acquired sovereignty over the Philippines by virtue of its discovery and occupation
3. Royal Cedula Circular declared: the will of the Crown• as expressed in various thereof in the 16th century and the Treaty of Tordesillas of 1494 which it entered into with Portugal,
instructions, royal edicts, orders and decrees, that the distribution of lands to conquistadores the continents of Asia, the Americas and Africa were considered as terra nullius• although already
discoverers, and settlers should never prejudice the natives and their and-holdings. populated by other people.

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In the Treaty of Tordesillas, the world was divided between Spain and Portugal, with the former 3.It created a court called the Court of Land Registration• which had exclusive jurisdiction
having exclusive power to claim all lands and territories west of the Atlantic Ocean demarcation line. over all applications for registration, with power to hear and determine all questions arising
upon such applications.
The discovery and occupation by the European States, who were then considered as the only
members of the International Community of civilized nations, of lands in the said continents were 4.The sole purpose of the law was to bring land titles in the Philippines under one
deemed sufficient to create title under International Law. comprehensive and harmonious system, the cardinal features of which are indefeasibility of
title and the intervention of the State as a prerequisite to the creation and transfer of titles
ii. Land Laws Reference: Atty. Agcaoili book and interests, with the resultant increase in the use of land as a business asset by reason of
the greater certainty and security of title.
1) Public Land Act
5.Registration under the system did not create a title. It simply confirmed a title already
1.Act No. 926 – the first Public Land Act passed in pursuance of the provisions of the
created and vested.
Philippine Bill of 1902. The law governed the disposition of lands of the public domain. The
Public Land Act operated on the assumption that title to public lands in the Philippine Islands 3)Cadastral Act (Act No. 2259)
remained in the government. And that the government’s title to public land sprung from the
Treaty of Paris and other subsequent treaties between Spain and the United States. The 1.The cadastral system of registration took effect with the enactment on February 11, 1913
term public land referred to all lands of the public domain whose title still remained in the of Act No. 2259. When, in the opinion of the President, the public interest requires that title
government and are thrown open to private appropriation and settlement and excluded the to any lands be settled and adjudicated, he shall order the Director of Lands to make a survey
patrimonial property of the government and the friar lands. thereof, with notice to all persons claiming an interest therein.

2.Act No. 2874 the second Public Land Act passed under the Jones Law. It was more 2.Thereafter, the Director of Lands, represented by the Solicitor General, shall institute
comprehensive in scope but limited the exploitation of agricultural lands to Filipinos and registration proceedings by filing a petition in the proper court against the holders,
Americans and citizens of other countries which gave Filipinos the same privileges. claimants, possessors or occupants of such lands, stating that the public interest requires that
the titles to such lands be settled and adjudicated.
3.CA No. 141 amended the second Public Land Act after the passage of the 1935
Constitution. The present Public Land Act, which is essentially the same as Act No. 2874. The 3.Cadastral proceeding is a proceeding in rem, hence, generally binding upon the whole
main difference between the two relates to the transitory provision on the rights of American world.
citizens and corporations during the Commonwealth period at par with Filipino citizen and
corporations. CA No. 141, approved November 7, 1936, applies to lands of the public domain 4) Property Registration Decree (PD No. 1529)
which have been declared open to disposition or concession and officially delimited and
1. On June 11, 1978, PD No. 1529, otherwise known as the Property Registration Decree,•
classified. It contains provisions on the different modes of government grant, e.g., homestead,
was approved. The Decree was issued to update the Land Registration Act and to codify the
sale, free patent, and reservations for public and semi-public purpose.
various laws relative to registration of property and to facilitate effective implementation of
2)Land Registration Act (Act No. 496) said laws. It codified and incorporated the following laws related to property registration:

1.The original Land Registration Act (Act No. 496) was approved on November 6, 1902, but a. Act 496, The Land Registration Act
it became effective on January 1, 1903.
b. CA No. 141, The Public Land Act
2.It established the Torrens system of registration in the country.
c. Act 2259, The Cadastral Act

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d. Act 3344, System of Registration for Unregistered Lands Grants of public land were brought under the operation of the Torrens System under Act 496, or the
Land Registration Law of 1903. Enacted by the Philippine Commission, Act 496 placed all public and
e. Act No. 1508, as amended, The Chattel Mortgage Law private lands in the Philippines under the Torrens System.
f. Republic Act No. 26, Reconstitution of Original Certificates of Title The Torrens System requires that the Government issue an official certificate of title attesting to the
fact that the person named is the owner of the property described therein; subject to such liens and
g. PD 27, Emancipation Patents, Land Reform Law
encumbrances as thereon noted or the law warrants or reserves.
2. It supersedes all other laws relative to registration of property.
The certificate of title is indefeasible and imprescriptible and all claims to the parcel of land are
3. Judicial proceedings under the Property Registration Decree, like the old Land quieted upon issuance of said certificate. This system highly facilitates land conveyance and
Registration Act, are in rem, and are based on the generally accepted principles underlying negotiation. Its object is to do away with the delay, uncertainty, and expense of the old conveyancing
the Torrens system. system.

4. Jurisdiction over the res is acquired by giving the public notice of initial hearing by means Generally, by Torrens Systems• are meant those systems of registration of transactions with interest
of in land whose declared object is, under governmental authority, to establish and certify to the
ownership of an absolute and indefeasible title to realty, and to simplify its transfer.
(a) publication, (b) mailing and (c) notice.
iii. Legarda v. Saleeby, 31 Phil 590 (1915)
5. The Decree created the Land Registration Commission, now renamed Land Registration
Authority, as the central repository of records relative to original registration, including The real purpose of the Torrens System is to quiet title to land; to put a stop forever to any question
subdivision and consolidation plans of titled lands. of the legality of the title, except claims which were noted at the time of registration, in the certificate,
or which may arise subsequent thereto.
B. The Torrens System
That being the purpose of the law, it would seem that once a title is registered the owner may rest
i. Alba v. Dela Cruz, 17 Phil 49 (1910) secure, without the necessity of waiting in the portals of the court, or sitting in the œmirador de su
casa, to avoid the possibility of losing his land.
The application for the registration is to be in writing, signed and sworn to by the applicant, or by
some person duly authorized in his behalf. It is to contain, among other things, the names and The registration under the Torrens System, does not give the owner any better title than he had. The
addresses of all occupants of land and of all adjoining owners, if known. registration of a particular parcel of land is a bar to future litigation over the same between the same
parties. It is a notice to the world and no one can plead ignorance of the registration.
Indeed, the Land Registration Act requires that all occupants be named in the petition and given
notice by registered mail. However, notice by publication to all whom it may concern• is considered Purposes:
a sufficient notice.
1) To quiet title to the land and to stop forever any question as to the legality of said title.
Under the Land Registration Act, any petition to reopen a case after a land registration decree had
been rendered cannot lie on account of the absence, infancy, or other disability of any person affected 2) To relieve the land of unknown claims.
thereby. It is only when said decree was obtained by fraud that said petition will prosper.
3) To guarantee the integrity of land titles and to protect their indefeasibility once the claim
ii. Separate Opinion of J. PUNO in Cruz v. Secretary, 347 SCRA 128 of ownership is established and recognized.

4) To give every registered owner complete peace of mind.

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and under such terms and conditions as may be provided by law. Such agreements may be for a period not exceeding twenty-five years. beneficial use may be the measure and limit of the grant. c) It has exchange brevity and clearness for obscurity and verbiage. While the Torrens system is not a mode of acquiring title. followed the full control and supervision of the State.T. waters. Mar-Bay Construction. petroleum. otherwise. Article XII of the 1987 Constitution: property. but merely a system of registration of titles to lands. as distinguished from constructive fraud. and the law will in no way oblige him to go behind the certificate to determine the condition of the i. coal. everyone dealing with the property II.B. The sanctity of the Torrens system must be preserved. except claims that were noted in the certificate at the time of the registration or that may arise subsequent thereto. Specific. and other natural resources are owned by the State. Every person dealing with A. v. development and utilization of natural resources shall be under the verbatim copy of the Massachusetts Land Registration Act of 1898. wRiting and aRithmetic) can transact his own conveyancing. where innocent third persons. iv. would forever be sullied by the ineptitude and inefficiency of land registration officials. and other mineral oils. Thus. justice and equity demand that the titleholder should not be made to bear the unfavorable e) It affords protection against fraud. 594 SCRA 578 (2009) d) It has so simplified ordinary dealings that he who has mastered the three RS•(which means Reading. and has barred the The real purpose of the Torrens system is to quiet title to land and put a stop forever to any question reoccurrence of any similar faults. In cases of a) It has substituted security for insecurity. Panes. The State may directly undertake such activities or it may principles and procedure of the Torrens system of registration formulated by Sir Robert Torrens who enter into co-production. and the time occupied of the land. but depreciated in consequence of some blur or technical defect. from months to days. or industrial uses other than the development of water power. or patterned it after the Merchant shipping Acts in South Australia. in turn. f) It has restored to their just value many estates held under good holding titles. Section 2. the integrity of the Torrens system 3) The main principle of registration is to make registered titles indefeasible. corporations or associations at least sixty per centum of whose capital is owned by such citizens. all other natural resources shall not 1) Torrens system under Act No. that is there must be actual or positive fraud certificate of title. 6) To avoid conflicts of title in and to real estate and to facilitate transactions. 4 . NOTES TORRENS SYSTEM: potential energy. the court cannot disregard those rights and order the cancellation a case and modify its decree. minerals. fisheries. forests or timber. of actual as distinguished from legal-fraud. The Regalian Doctrine the registered land may safely rely on the correctness of the certificate of title issued therefor. fisheries. all forces of v. water supply. effect of the mistake or negligence of the State's agents. flora and fauna. 5) To issue a certificate of title to the owner which shall be the best evidence of his ownership b ) It has reduced the costs of conveyances from pounds to shillings. relying on the correctness of the certificate of title thus issued. The exploration.CONSTITUTIONAL PROVISIONS registered under the system will have to inquire in every instance on whether the title had been regularly or irregularly issued. or the Land Registration Act of 1903 is said to be almost a be alienated. which. as to the legality of the title. contrary to the evident purpose of the law. Paragraph 1. 5) Proof of constructive fraud is not sufficient to authorize the Court of Land Registration to reopen acquire rights over the property. in the absence of proof of his complicity in a fraud or of manifest damage to third persons. The effect of such outright cancellation will be to impair public confidence in the in some manner injure him. With the exception of agricultural lands. must be alleged and proved. who are 4) The element of intention to deprive another of just rights constitutes the essential characteristics ordinarily presumed to have regularly performed their duties. renewable for not more 2) Advantages of the Torrens System: than twenty-five years. All lands of the public domain. 496. D. joint venture orproduction-sharing agreements with Filipino citizens. water rights for irrigation. Otherwise. intentional acts to deceive and deprive another of his right or of the certificate. wildlife. Inc.

41 Phil 935 (1909) The Regalian Doctrine The court thus laid down the presumption of a certain title held (1) as far back as testimony or The ownership of lands reclaimed from foreshore and submerged areas is rooted in the Regalian memory went. all lands of the public domain belong to the State and lands not Existence of native title to land. such presumption is not conclusive. conquest of the Philippines. The foreshore and submerged areas of Manila Bay are part of the lands of the public domain. It can be rebutted by the applicant’s presentation Holmes held: of incontrovertible evidence showing that the land subject of the application for registration is alienable and disposable. natives owned some land. and (2) under a claim of private ownership. where the US SC thru State. the admitted to exist beyond the powers of the Crown. Upon the Spanish never have been public land•. Murciano case appeared to recognize that the or sale to private individuals. As such. the decrees discussed in Valenton v. Cariño case firmly established a concept of private land title that existed irrespective of any royal The mere reclamation of these areas by the PEA does not convert these inalienable natural resources grant from the State and was based on the strong mandate extended to the Islands via the Philippine of the State into alienable and disposable lands of the public domain. The IPRA recognizes the existence of ICCs /IPs as a distinct sector in the society. foreshore and submerged 1) Separate Opinion of J.Under the Regalian doctrine. The Regalian doctrine declared in the preamble of the Recopilacion was all theory and discourse• and it was observed that titles were The 1935. Secretary of Environment. Cariño v. Private ownership is presumed to belong to the State. Land held by this title is presumed to doctrine which holds that the State owns all lands and waters of the public domain. v. Buenaventura v. as the sovereign ruler and representative of the people. no matter how long cannot ripen in ownership. however. Chavez v. waters and other natural resources and consequently owned by the State. The United States Supreme Court found no proof that the Spanish decrees did not honor native title. The Regalian doctrine is the foundation of the time honored principle of land ownership that all lands that were iii. Insular Government. The land has been held by individuals under a claim of private ownership. It grants presidential proclamation officially classifying these reclaimed lands as alienable and disposable if this people the ownership and possession of their ancestral domains and ancestral lands and defines the law has reserved them for some public or quasi. Insular Government. adverting to the landmark case of Cariño v. claim of ownership since time immemorial and independent of any grant from the Spanish crown as Unless public land is shown to have been reclassified as alienable or disposable. Public Estates. State. alienated by the State. it remains part of the public domain. Occupation or possession thereof by a person in the concept of owner. Republic. acquired and owned all lands and territories in the Philippines except those he disposed of by grant On the contrary. either by purchase of by grant. 1973 and 1987 Constitutions adopted the Regalian doctrine substituting. The Regalian Doctrine does not negate native title. PUNO areas shall not be alienable unless they are classified as agricultural lands of the public domain. belong to the public domain. However. and never to have been public land. ownership of all lands.public use. KAPUNAN It is true that under the Regalian Doctrine all lands of the public domain belong to the State and all Regalian theory does not negate the native title to lands held in private ownership since time lands not otherwise appearing to be clearly within private ownership are presumed to belong to the immemorial. 517 SCRA 271 (2207) 2) Separate Opinion of J. Cruz v. territories and possessions in the Philippines passed to the Spanish Crown. and subsequently an exception to the theory of jure regalia. irrespective of any royal grant. iv.NOTES REGALIAN DOCTRINE: 5 . the extent of these lands and domains. 384 SCRA 152 ii. or ownership of land by Filipinos by virtue of possession under a otherwise appearing to be clearly within. in lieu of the King as the owner of all lands and waters of the public domain. it will be presumed to have been held in the same way from before the Spanish conquest. The King. vi. There must be a law or Bill of 1902. 347 SCRA 128 (2000) not acquired from the Government.

79 Phil 461 King has by virtue of his prerogatives. renewable for not more 2)Public Agricultural Lands – under Section 1 of Article XIII (now Section 2. and thereafter. corporations. fisheries. residential. waters. In cases of the 1987 Constitution) of the 1935 Constitution classifies lands of public domain in the water rights for irrigation. timber and mineral. 1) Generally. Register of Deeds settled the issue as to who are qualified (and Save in cases of hereditary succession. beneficial use may be the measure and limit of the grant. wildlife. Article XII of than twenty-five years. or those rights which the iv. minerals. be defeated by the Filipino citizens themselves who may alienate their agricultural lands in favor of aliens. Article XII of the 1987 Constitution: The landmark case of Krivenko v. forests or timber. Article XII of the 1987 Constitution: except only by way of legal succession. These were rights Public agricultural lands• mentioned in Section 1. Natural resources. joint venture or production-sharing agreements with Filipino citizens. express or implied. shall not be alienated. and under such terms and conditions as may be provided by law. all other natural resources shall not be alienated. 3)Private Agricultural Lands – Section 5. or 1)In determining whether a parcel of land is agricultural. Section 7. iii. Jurisprudence is consistent that if land is invalidly transferred 6 . the term jura regalia• refers to royal rights. it refers to a right which the sovereign has over anything in which a subject as a right of property or propriedad. a natural-born citizen of the Philippines grant. Paragraph 1. non-Filipinos cannot acquire or hold title to private lands or to lands of the public domain. Article XII of the 1987 Constitution: Save in cases of hereditary succession. and other natural resources domain in the Philippines. But this 4)Regalian Doctrine or Jura Regalia is a Western legal concept that was first introduced by Constitutional purpose conserving agricultural resources in the hands of Filipino citizens may easily the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. all forces of except to individuals corporations or associations qualified to acquire or hold lands of the public potential energy. But what is the effect of a subsequent sale by the disqualified alien vendee to a qualified Filipino citizen? This is not a novel question. no private lands shall be transferred or conveyed except to disqualified) to own public as well as private lands in the Philippines. Section 2. with the exception of public agricultural land. Article XIII of the 1935 Constitution v. but also its susceptibility to cultivation for agricultural purposes. commercial and industrial lands. In Spanish Law. provided by law. the Philippine Republic. or industrial uses other than the development of Philippines into agricultural. B. under the concept of jura regalia. their alienation is limited to Filipino Citizens.• are owned by the State. include enjoyed during feudal times by the King as the sovereign. Article XIII of the 1935 Constitution provides: i. petroleum. Citizenship Requirement Thus Section 5. no private agricultural lands will be transferred or assigned All lands of the public domain. private title to land must be traced to some Notwithstanding the provisions of Section 7 of this Article. flora and fauna. Halili v. Register of Deeds. fisheries. and other mineral oils. water power. development and utilization of natural resources shall be under the NOTES: full control and supervision of the State. Section 8. Such agreements may be for a period not exceeding twenty-five years. or associations qualified to acquire or hold lands of the public domain. Article XIII of the 1935 Constitution. individuals. the Court stated: 3)Jura regalia was therefore nothing more than a natural fruit of conquest. water supply. the American Colonial who has lost his Philippine citizenship may be a transferee of private lands.• In fine. actually agricultural. subject to limitations government. 287 SCRA 465 (1998) ii. CA. Krivenko v. coal. The exploration. from the Spanish Crown or its successors.• 2) In its broad sense. With the exception of agricultural lands. the test is not only whether it is corporations or associations at least sixty per centum of whose capital is owned by such citizens. and with respect to public agricultural lands. The State may directly undertake such activities or it may enter into co-production.

8) Ownership. 5487) There was no implied trust created. the lots were already private lands. operation and management of cockpits (Section 5 of Presidential Decree No. Muller because of said prohibition. repair. CA and Lapiña. Article 26 of RA No. Muller. Amendments to the IRR of RA No. Up to Twenty-Five Percent (25%) Foreign Equity in-interest had been in open. territorial sea. 1945 or since 1937. projects which are foreign funded or assisted and required to undergo FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION international competitive bidding AND SPECIFIC LAWS Up to Thirty Percent (30%) Foreign Equity No Foreign Equity 13) Advertising (Article XVI. an alien’s disqualification is 6) Small-scale Mining (Section 3 of RA No. the law provides that a natural. 442) land under the terms prescribed by law. and LIST A: b. Mr. and no longer formed part of the public domain. Section 14 of the Constitution. and exclusive who is guilty of the fraud. Moreover. Section 1 of RA No. 449) Muller cannot seek reimbursement of the funds he used to purchase the property on the ground of equity where it is clear that he willingly and knowingly bought the property despite the constitutional 9) Manufacture. and he who comes into equity must come with clean hands. Section 11 of the Constitution) 1) Mass Media except recording (Article XVI. He who seeks equity must do equity. 5181) vi. 1180) Mr. To hold otherwise would allow a circumvention of the constitutional economic zone (Article XII. as amended by RA No. 8179 a.(Article XIV. the flaw in the original 2) Services involving the practice of licensed professions save in cases prescribed by transaction is considered cured and the title of the transferee is rendered valid. 12) Contracts for the construction and repair of locally-funded public works except: viii. 7076) absolute. continuous and exclusive possession and occupation thereof under claim of ownership prior to June 12. Section 2 of the Constitution) prohibition. stockpiling and/or distribution of biological. 11) Private recruitment. Presidential Up to Forty Percent (40%) Foreign Equity Memorandum dated 04 May 1994) 7 . His attempt at subsequently asserting or claiming a right on the said property cannot be sustained. He declared 4) Cooperatives (Chapter III. 5) Private Security Agencies (Section 4 of RA No. 6938) the property in the name of Mrs. stockpiling and/or distribution of nuclear weapons (Article II. Besides. 7718. 235 SCRA 567 10) Manufacture. Save for hereditary succession. They were already private in character at the time of the purchase since respondents predecessors. prohibition. chemical and radiological weapons (Various treaties to which the Philippines is a signatory and The Court explained that even if the spouses were already Canadian citizens at the time they applied conventions supported by the Philippines) for registration. infrastructure/development projects covered in RA No. 7042 (FIA of 1991). whether for local or overseas employment (Article 27 of born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of a private Presidential Decree No. Republic v. Muller v. 500 SCRA 65 (2006) 3) Retail Trade (Section 1 of RA No. Not even an ownership in trust is allowed.to an alien who subsequently becomes a citizen or transfers it to a citizen. no trust can result in favor of the party 7) Utilization of Marine Resources in archipelagic waters. Muller was aware of the Constitutional prohibition when he purchased the property. law. Section 8 of the Constitution) vii. Section 11 of the Constitution. repair.

(Sec. Constitution) controlled corporation. 7042 as amended by RA No.AND MEDIUM-SCALE ENTERPRISES In case the transferee already owns urban or rural land for business or other purposes.Individuals 18) Engaging in the rice and corn industry (Presidential Decree No. the Constitution) 8179) 15) Ownership of private lands (Article XII. agency or municipal corporation (Section 1 of RA No. one of them may avail of the privilege herein granted: Provided. Section 11 of the Constitution. barracks. subject to limitations provided by law. development and utilization of natural resources (Article XII. 21) Contracts for the construction of defense-related structures (e. Section NOTES: 22 of Commonwealth Act No. 20) Contracts for the supply of materials. storage and/or distribution of products requiring Department of thereof shall not exceed five thousand (5. 7718) enter into a contract under Philippine laws may be a transferee of a private land up to a maximum 23) Private domestic construction contracts (Republic Act 4566. Section 14 of area of five thousand (5. 1) Manufacture. Section 11 of the Constitution) Section 2 of the Constitution) ix. depots. 16) Operation and management of public utilities (Article XII. with the President (Article XII. 14) Exploration. or acquire not more than twelve hectares of the alienable lands of the public domain. quarters and hospitals) A natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee (Commonwealth Act No. hangars. repair. Citizenship Requirement . Article XIV. and/or distribution used in the manufacture thereof requiring Philippine National Police (PNP) clearance A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided. DEFENSE. 141) 1) Domestic investments are also prohibited (Article II. RISK TO HEALTH area acquired shall not exceed the maximum herein fixed. company. by purchase. Conventions/Treaties to which the Philippines is a signatory) Section 16 of Commonwealth Act No. In the case of married couples. AND MORALS AND PROTECTION OF SMALL. 146) 2) Full foreign participation is allowed through financial or technical assistance agreement 17) Ownership/establishment and administration of educational institutions (Article XIV. A transferee who has already acquired urban land shall be disqualified 8 . sea and 2) Former Natural-Born Citizens coastal defenses. Section 2 of 3) Manufacture and distribution of dangerous drugs (RA No. homestead. Article XII. Chapter 5. Section 8 of the Constitution. arsenals. he shall still Up to Forty Percent (40 %) Foreign Equity be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized. Constitution) 22) Project proponent and facility operator of a BOT project requiring a public utilities Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to franchise (Article XII. 541) of private lands. repair. 194) 1 )Filipino Citizens 19) Financing companies regulated by the Securities and Exchange Commission (SEC) Section 6 of RA No. 5183) Citizens may acquire private lands. that the total land area 2) Manufacture. Section 2a of RA No. landing fields. air. land. Section 11 of the Constitution.000) hectares in the case of rural land for use by him for National Defense (DND) clearance business or other purposes. Section 7 of the Constitution.g. or grant. 5980) Citizens of the Philippines may lease not more than five hundred hectares. That if both shall avail of the same. 8.000) square meters in the case of urban land or three (3) hectares in the case the Constitution) of rural land to be used by him for business or other purposes. Article XII. the total LIST B: FOREIGN OWNERSHIP IS LIMITED FOR REASONS OF SECURITY. (Sec. storage. goods and commodities to government-owned or 3..

developed. Constitution) vehicle to circumvent the constitutional limitation on acquisition by individual of alienable lands of the public domain. is to transfer ownership of domain except by lease. The Court emphatically stated that even the requirements of agrarian reform. Without the constitutional ban. Foreign Investment Act of 1991. (Sec. and not to exceed one thousand hectares in area. held. were brought under the aegis of a subsequent law which forbids corporations from owning lands of the public domain cannot defeat a right already vested before that law came into effect. which are already private lands national parks. only corporations or associations at least 60% of the capital stock of which is If the constitutional intent is to encourage economic family-size farms. Private corporations or associations may not hold such alienable lands of the public domain except by lease. his heirs would inherit shares 9 . The available (Sec. 3. both under the 1973 and 1987 Constitutions. Article XII of the 1987 Constitution: When natural persons have fulfilled the required statutory period of possession. and subject to the transactions then perfectly valid and proper. 1973) from the constitutional ban. but may only hold by lease lands of the public domain. is the practical benefit arising own. 384 SCRA 152 (2002) 1) Private corporations or associations may not hold such alienable lands of the public The Constitutional intent.• iv. by law. Article XII. Section 3. and not to exceed one thousand hectares in area. renewable for not more The doctrine of vested rights was articulated by the Supreme Court in this ruling. than twenty-five years. Constitution) alienable public lands are gradually decreasing in the face of an ever-growing population. the Congress shall determine. the size of lands of the public Constitution or subsequent law cannot impair vested rights. or acquire not more than twelve hectares thereof. 1996. The corporation is a convenient Article XII. implementing Section 8. agricultural lands. Article XII of continuing break-up of farmlands into smaller and smaller plots from one generation to the next. IAC and ACME. Chavez v. of a corporation would be more effective in preventing the break-up of farmlands. ecology. forest or timber. it would seem. Corporations iii. by The Supreme Court declared that the purely accidental circumstance that confirmation proceedings purchase. since the vehicle to circumvent the constitutional intent is removed. as amended by RA No. Alienable lands of the public domain shall be limited to corporations. homestead. the Public Land Act Lands of the public domain are classified into agricultural. in the corporation instead of subdivide parcels of the farmland. easily set up corporations to acquire more alienable public lands. the Constitution) The constitutional ban strengthens the constitutional limitation on individuals from acquiring more 3) Aliens than the allowed area of alienable lands of the public domain. 3) However. dated March 28.CORPORATIONS: ii. and which could be validly transferred or sold to private the uses to which they may be devoted. individuals who already acquired the maximum area of alienable lands of the public domain could Alien Individuals may be transferees of private lands only in cases of hereditary succession. Agricultural lands of the public domain may be further classified by law according to because of acquisitive prescription. This constitutional more than twenty-five years. 146 SCRA 509 (1986) i. for a period not exceeding twenty-five years. Public Estates. may own private lands. for a period not exceeding twenty-five years. 7. The most effective way to insure faithful adherence to this constitutional intent is to grant or sell alienable 2) Corporations or associations — whether citizens or of citizens and aliens — may not lands of the public domain only to individuals. or leased and the conditions therefor. and the remainder by foreigners. (DOJ Opinion. Director v. If the farmland is 4) Condominium Corporation Owns the Land registered in the name of a corporation. C. 7042. or invalidate Taking into account the requirements of conservation. NOTES . or grant. and development. mineral lands and confers on them a legally sufficient and transferable title to the land. renewable for not only a limited area of alienable land of the public domain to a qualified individual.from acquiring rural land area and vice versa. upon the death of the owner. domain which may be acquired. This. This would prevent the 8179. Citizens of the Philippines may lease not more than five hundred hectares. (Section 10 of RA No. placing the land in the name owned by Filipinos. intent is safeguarded by the provision prohibiting corporations from acquiring alienable lands of the public domain.

Original Certificate of Title: the first title issued in the name of the registered owner persons other than Filipino citizens.A. renewable once for a period of not more than twenty. modified. CHAPTER 1 GENERAL PROVISIONS Register of Deeds. there can be no joint ownership of such lands between transferred by virtue of a sale or other modes of conveyance. except in cases of hereditary succession. 5.five (25) years. It shall not be subject to collateral attack. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall 6) General Rule: A title once registered cannot be impugned. SECTION 2. Therefore. (Sec. Condominium virtue of a judicial or administrative proceeding. corporation" under R. with the exception of not cause the alien interest in such corporation to exceed 40% of its entire capital stock. property. as individuals. Courts of First Instance (now Regional Trial Courts) shall have exclusive jurisdiction over all applications for original registration of title to lands. naming and declaring the owner of the real property described therein. (Sec. exhibits. real or Government Code. or which is the foundation of ownership of property. or diminished. free from all liens and encumbrances except such as may be expressly noted there or i. it is not the title to the land itself. (DOJ Opinion 1973) 2) A certificate of title is not a source of right. concomitant transfer of membership or stockholding in the condominium corporation would and decisions filed or issued in applications or petitions for land registration. The court through the clerk of court shall 10 . therefore. a certificate of title may be: Where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof. Title. Condominium Act) NOTES SECTION 2 of PRD: 5) Corporation Leases the Land 1) Registration is not a mode of acquiring ownership but is merely a procedure to establish Any corporation which is owned 100% by a foreign firm may establish a "condominium evidence of tile over realty. may be defined briefly as that which constitutes a just cause of of the investment subject however to the Comprehensive Agrarian Reform Law and the Local exclusive possession. Exception: Direct proceeding permitted by law. Transfers to aliens of a condominium unit may be made only up to the point where the furnish the Land Registration Commission with two certified copies of all pleadings. or corporations at least 60% of the capital stock of which by the Register of Deeds covering a parcel of land which had been registered by belong to Filipino citizens. provided that the leased area shall be used solely for the purpose of the investment. 5. through the D. (Sec stenographic notes. 6) Land is Co-owned by the Unit Owners 4) Under the Torrens system. Nature of registration proceedings. No. usually for the protection of innocent third persons. jurisdiction of courts. within five days from the filing or issuance thereof. may acquire both private lands and lands of transferee to whom the ownership of the already registered land had been the public domain. orders. Transfer Certificate of Title – the title issued by the ROD in favor of the Only citizens of the Philippines. is a mere evidence of ownership. including improvements and interests therein. be based on the generally accepted principles underlying the Torrens system. 5) Torrens Title is a certificate of ownership issued under the Torres System. Filipinos and foreign investors as individuals. changed. The mere possession thereof does not make one the true owner of the Foreign Investors may lease private lands for a period not exceeding fifty (50) years. on the other hand. Certificate of title. 7) Collateral Attack and over all petitions filed after original registration of title. 4. no condominium unit therein shall be conveyed or transferred to a. with power to hear and determine all questions arising upon such applications or petitions. Act) b. and provided further that 3) Title is generally defined as the lawful cause or ground of possessing that which is the leased premises shall comprise such area as may reasonably be required for the purpose ours. enlarged. otherwise reserved by law. altered. 4726 and set up a condominium project on land leased for a period not to exceed (50) years. Investor’s Lease Act) personal. It merely confirms or records a title already existing and vested.

It is a proceeding in personam when the technical object of the suit is to establish a claim against some particular person. in the action. is an ordinary civil proceeding to determine the better right of possession of realty independent of title. The amendment was aimed at avoiding multiplicity of suits and the change has simplified registration proceedings. or or from the unlawful withholding of possession of the realty. If the petitioner-defendants attack on the validity of respondent-plaintiffs title.000. if there be more than one. so that only certain persons are entitled to The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands be heard in defense.D. Real Actions affecting title to or possession of real property. The objective of the plaintiffs in an accion publiciana is to recover possession only. b.00. (Sec. The judgments therein are binding only upon the parties who joined operation of the Torrens system. the courts may pass upon the issue to determine who such value to be ascertained by the affidavit of the claimant or by the agreement of has the better right of possession. at the election of the plaintiff. Where the lot is contested but the value thereof does not exceed P100. all instruments affecting lands originally registered under the Spanish Mortgage Law may the particular parties to the proceedings and not to ascertain or cut off the rights or interests be recorded under Section 113 of this Decree. until the land shall have been brought under the of all possible claimants. 48. and if anyone in shall be commenced and tried in the proper court which has territorial jurisdiction the world has a right to be heard on the strength of alleging facts which. publiciana not in a direct action whose main objective is to impugn the validity of the 11) The Decree has eliminated the distinction between the general jurisdiction vested in the judgment granting the title. or an interest therein an objection of any sort against the right sought to be established. a. and not ownership. Such determination is merely provisional and not the respective claimants. or a portion thereof. On the other hand. 12) Venue: b. Distinguished from proceedings in personam and quasi in rem: plaintiff or any of the principal defendants resides or in the case of anon- resident defendant where he may be found. o to bar some individual claim or objection. if true. declaration of the real property. by 10)Actions for forcible entry into and unlawful detainer of lands or buildings. However. or 9) RTC have plenary jurisdiction over land registration cases as provided in Section 2 of PD cancelled except in a direct proceeding in accordance with law. recorded under said system which are not yet covered by Torrens title shall be considered as ii. binds his ii. particular property but which are intended to operate on these questions only as between Hereafter. is a [prohibited] collateral attack on the title. 11 . It refers a. body. actions quasi in rem deal with the status. i. P.A certificate of title shall not be subject to collateral attack. A proceeding is in rem when the object of the action is to bar indifferently all who might be minded to make a. with a judgment which generally in theory at least. ownership or liability of a unregistered lands. Accion Publiciana. Proceeding is in rem (binding upon the whole world). show over the area where the real property involved. 1529) 1529. original claiming that fraud attended its acquisition. b. an inconsistent interest. where b. or from the corresponding tax conclusive on the question of ownership. also known as accion plenaria de posesion. SECTION 3. modified. is situated. Exception – Inferior Courts delegated jurisdiction to hear and determine cadastral or land registration cases in the following instances: a. It jurisdiction over which is conferred upon the metropolitan trial courts. Status of other pre-existing land registration system. Personal Actions shall be commenced and tried in the proper court where the c. the question of ownership is raised. and municipal circuit trial courts. It cannot be altered. municipal trial is an attack incidental to the quest to defend their possession of the properties in an accion courts. Judicial in character and not merely administrative. Where the lot sought to be registered is not the subject of controversy or to an ejectment suit filed after the expiry of one year from the accrual of the cause of action opposition. RTC and the limited jurisdiction conferred upon it by the former law when acting merely as 8) Nature of Torrens System: a cadastral court.

1 of Budget registration proceedings and cause the issuance by the Registers of Deeds of the Circular No. 12 . Section 4. Officials and employees of the Commission. compensation and 4) The LRC has been renamed Land Registration Authority (LRA). The Deputy Commissioner. The Land Registration Commission shall have a chief and an assistant chief to be known. Land Registration Commission. NOTES SECTION 5 of PRD: In order to have a more efficient execution of the laws relative to the registration of lands. except Register of Deeds. Section 6. RA No. this Decree. that benefits and adjustments as may from time to time be granted by the President or by the legislature all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of to government employees. as amended by Act No. He shall act as the LRA.• i. both appointed by the as the Commissioner and the Deputy Commissioner of Land Registration who shall be appointed by President with the consent of the Commission on Appointments. by a Special Assistant to the Commissioner. 3) It was headed by a Commissioner and an Assistant Commissioner. shall receive salaries corresponding to a) Issue decrees of registration pursuant to final judgments of the courts in land the minimum of their respective upgraded ranges as provided under paragraph 3. it is responsible for the issuance of decrees of registration and certificates They shall be assisted by such number of division chiefs as may be necessary in the interest of the of title (original and duplicate) where land is brought for the first time under the Torrens functioning of the Commission. 273. all of whom are appointed possess the same qualifications as those required of the Commissioner.The books or registration for unregistered lands provided under Section 194 of the Revised The salaries of officials and employees provided in this Decree shall be without prejudice to such Administrative Code. shall continue to remain in force. plus sixty per centum thereof across the board. Section 5. reference to the registration of lands. created a commission to be known as the Land Registration Commission under the executive supervision of the Department of Justice. The Deputy Commissioner shall also perform such other functions as the under the Torrens system. 1954. the President. geared to 1) On June 17. b) Exercise supervision and control over all Registers of Deeds and other personnel of the Commission. notwithstanding the maximum corresponding certificates of title. lands. CHAPTER 2 THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF DEEDS Secretary of Justice upon recommendation of the Commissioner of Land Registration. respectively. and by a Chief Geodetic system. including subdivision and consolidation plans of titled Commissioner may assign to him. there is a vacancy in the position until another person shall have been designated or appointed in 5) The LRA is the central repository of records relative to original registration of lands titled accordance with law. and shall have the same rank. The Commissioner of Land Registration shall have the following functions: All other officials and employees of the Land Registration Commission including those of the Registries of Deeds whose salaries are not herein provided. who shall Administrator who is assisted by two (2) Deputy Administrators. It is headed by an privileges as those of a Judge of the Court of First Instance. 1. there is provide a more efficient execution of the existing laws relative to the registration of lands. annum less than that of the Deputy Commissioner. Specifically. 3344. All other officials of which shall be three thousand pesos per annum less than that of the Commissioner. Provided. 1151 created the Land Registration Commission (LRC) to the massive and accelerated land reform and social justice program of the government. 2) LRC exercise supervision and control over all Registers of Deeds. Engineer who shall each receive compensation at the rate of three thousand four hundred pesos per iii. salary allowed for their respective civil service eligibilities. are appointed by the Secretary of Justice upon Commissioner of Land Registration during the absence or disability of the Commissioner and when recommendation of the Administrator. The Commissioner shall be duly qualified member of the Philippine Bar with at least ten years of practice in the legal profession. as well as the clerical and archival system of the courts of first instance throughout the Philippines with the ii. All officials and employees of the Commission except Registers of Deeds shall be appointed by the E. shall receive compensation by the President upon the recommendation of the Secretary of Justice. General Functions.

but may extend even after its finality but not beyond the lapse of one (1) year from the entry of the decree. The Land Registration Commission shall have the following functions: iv. or on appeal from decision of. an executive officer with judicial rank. and consolidation. NOTES SECTION 7 of PRD: b. and other agencies in the implementation of the land reform program of the There shall be at least one Register of Deeds for each province and one for each city. consolidation. the Land Bank. compensation. 1) LRA Administrator. The issuance of a decree of registration is part of the judicial function of courts and is not compellable by mandamus because it involves the exercise of discretion. before the court’s decision becomes final. No. subject to the approval of the Secretary of Justice. 2) Duty of LRA to issue decree ministerial. of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands. 496 except those covered by P. three hundred thousand pesos during the last three years. it is ministerial only in the sense that they act under the orders of the court and the decree must be in conformity with the decision of the court and with d) Exercise executive supervision over all clerks of court and personnel of the Courts the data found in the record. and decrees promulgated relative to the of the same parcel of land. Registers of a. 13 . operate as constructive notice to the Court. c) Resolve cases elevated en consulta by. and privileges as those of a Judge of the until such time as the same could be furnished out of national funds. all needful rules and regulations therefor. The registration of instruments affecting registered land must be done in the proper c. Every Registry government. c. with the end in view of making NOTES SECTION 6 of PRD: every registry easily accessible to the people of the neighboring municipalities.subdivision survey plans of properties titled under Act No. b. in order to affect and bind the land and. thus. decisions. The province or city shall furnish a suitable space or building for the office of the Register of Deeds a. ministerial. as to which they have no discretion on the matter. world. Court of First Instance (RTC). 2. f)Verify and approve subdivision. a) Extend speedy and effective assistance to the Department of Agrarian Reform. But the issuance by LRA officials of a decree of registration is not a purely ministerial duty in cases where they find that such would result to the double titling e) Implement all orders. registration of lands and issue. He can be investigated and removed only by the President and not by the Supreme registry. Shall have the same rank. His functions are plainly executive and subject to the President’s power of 1) Registry of Property: supervision and control. While the duty of the LRA officials to issue a decree of registration is purely Deeds. it is binding only between the seller and the buyer but it does not affect innocent third persons. a. including subdivision and consolidation plans of titled lands. d. and every Registry with a yearly average collection of more than b) Extend assistance to courts in ordinary and cadastral land registration proceedings. The duty of land registration officials to render reports is not limited to the period 957. Section 7.D. If the sale is not registered. with a yearly average collection of more than sixty thousand pesos during the last three years shall have one Deputy Register of Deeds. shall have one Deputy Register of Deeds and one second Deputy Register of Deeds. c) Be the central repository of records relative to original registration of lands titled under the Torrens system. b. Office of the Register of Deeds. The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the Commissioner of Land Registration.

Second Class Registries . d. Then. annotation. the Court ruled in favor of the owner who registered his land The Deputy Register of Deeds shall be a member of the Philippine Bar. however. between two buyers of the same immovable property registered under the Torrens The Secretary of Justice. in Article 708. ownership and other rights over immovable property. upon recommendation of the Commissioner of Land Registration. The original copy of the original certificate of title shall be filed in the Registry of Deeds. Appointment of Registers of Deeds and their Deputies and other subordinate personnel. iii. the law gives ownership priority to: the reclassification of Registries based either on work load or the class of province/city. 2. The salaries of Registers of Deeds and their Deputies shall be at the following rates: 2) Registration in general. Provided. been employed for a like period in any branch of government the functions of which include the registration of property. 14 .The salaries of Registers of Deeds in third class Registries shall be 4) Effect of Registration: three thousand four hundred pesos per annum less than those of Registers of Deeds in second class Registries. the first possessor in good faith. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the e. which has for its object the inscription or annotation of acts and contracts relating to the salaries. the Secretary of Justice. Registers of Deeds and Deputy Registers of Deeds. c. provides for the establishment of a Registry of Property v. and three thousand four hundred pesos per annum less than that of the Deputy Commissioner. Registers of Deeds shall be appointed by the President of the Philippines upon recommendation of d. In a case.The salaries of Registers of Deeds in second class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in 3) When a conveyance has been properly recorded. including both registration in its ordinary and strict sense. First Class Registries . respectively. copies of writs and processes relating to registered land shall be entered in the order of their filing. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned. Section 8. the buyer who in good faith presents the oldest title. 4. The first registrant in good faith. whichever will result in a higher classification. Third Class Registries . as the law uses the word. c. and cancellation.shall be three thousand four hundred pesos per annum less than those of their corresponding b. it is the entry made in the Registry which records solemnly and permanently the right of ownership and other real rights. 3. ii. legal and equitable. even the marginal notes. Register of Deeds or Deputy Register of Deeds holding office as such upon the passage of this Decree shall by reason hereof. means any entry made in the books of the 1. Each Register of Deeds shall keep a primary entry book where all instruments including Commissioner of Land Registration. Qualifications of Registers of Deeds and Deputy Registers of Deeds. shall cause system. Registration in the public registry is notice to the whole world.The salaries of Registers of Deeds in first class Registries shall be Registry. for purposes of salary adjustments in accordance with the rates i. two certificates of title were issued covering the very same property derived from two different land patents. however. does not apply if the property is not registered under the Torrens the Philippines and shall have been actually engaged in such practice for at least three years or has system. and vi. and in all cases under this Decree. Section 9. a. No person shall be appointed Register of Deeds unless he has been admitted to the practice of law in This rule. be removed from office or be demoted to a lower category or scale of salary except for cause and upon compliance with due process as provided for by law. Thus. that no patent first regardless of the date of issuance of the said land patent. The salaries of Deputy Registers of Deeds and Second Deputy Registers of Deeds . Finally. such record is constructive notice of its contents first class Registries. included therein. They shall be regarded as registered from the time so noted. In its strict acceptation. The Civil Code. and all interests. hereinabove provided.

ministerial. by him with reference to any such deed or instrument. A Register of Deeds is precluded from exercising his personal judgment and discretion Secretary of Justice. & 10 of PRD: d. But mandamus does not lie to compel the Register of Deeds to make registration. General functions of Registers of Deeds. he shall certify the question to the LRA Administrator who shall. Both the Register of Deeds and Deputy Register of Deeds must be members of the Bar. frivolous or intended to harass. Registers of Deeds shall be appointed by the President upon recommendation of the a. d. While registration operates c. Where there is a pending case in court where the character of the land and validity of the this Decree. be taken on the doubtful question. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the recommendation of the LRA b. NOTES SECTIONS 8. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. or instrument to others.vii. the function of a Register of Deeds with reference to the registration of deeds. when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid. registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated. There shall be at least one Register of Deeds for each province and one for each city. 1) Office of the Register of Deed: The refusal by the Register of Deeds to register an instrument affecting registered land by a. 5) The act of registration does not validate an otherwise void contract. 9. reason of non-compliance with certain requirements does not bar registration if thereafter the defects are cured. Register of Deeds perform both functions of an administrative character and functions c. mortgage or other instrument presented to him for registration. Where the property is presumed to be conjugal but the instrument of conveyance bears registration thereof and inform the presentor of such denial in writing. b. registration. stating the ground or reason the signature of only one spouse. after notice and hearing. the certificate of the title covering the land subject of the deed. When the Register of Deeds is in doubt with regard to the proper step to be taken or Administrator. contract. a. contract or instrument. 4) Doubtful questions shall be submitted to LRA Administrator for resolution: c. or where any party in interest does not agree with the action taken e. he shall forthwith deny b.• conveyance are in issue. Section 10. Registration is a mere ministerial act by which a deed. which are at least of a quasi-judicial nature. therefor. The administrative remedy must be resorted to by the interested party before he can have b. contract or instrument is sought to as a notice of the deed. and advising him of his right to appeal by consultation in accordance with Section 117 of c. 3) Instances where Register of Deeds may deny registration: It shall be the duty of the Register of Deeds to immediately register an instrument presented for a. Whether the document is invalid. d. is not the duty The office of the Register of Deeds constitutes a public repository of records of instruments affecting of a Register of Deeds to decide. it does not add to its validity nor converts be inscribed in the records of the office of the Register of Deeds and annotated at the back of 15 . If the instrument is not registerable. The Secretary of Justice shall define the official station and territorial jurisdiction of each Registry upon the recommendation of the LRA Administrator. Where required certificates or documents are not submitted. memorandum to be made in pursuance of any deed. instruments and the like is ministerial in nature. recourse to the courts. enter an order prescribing the step to 2) Duty of Register of Deeds to register. However. Where there are several copies of the title (co-owner’s duplicate) but only one is presented registration dealing with real or personal property which complies with all the requisites for with the instrument to be registered. but is for a court of competent jurisdiction to determine. encumbrances.

or any Assistant Fiscal designated by the Provincial or City Fiscal. order for registration of said deed without notice to the Register of Deeds or to the adverse party. registration purposes. Until a regular Register of Deeds shall have been appointed for a province or city. the function of verifying and approving original survey plans for all purposes in order to assure compliance with 2.an invalid instrument into a valid one as between the parties. vacancy in the position. suspension. adjoining land. or in case of established standards and minimize irregularities in the execution of land surveys. the solemnity and legal consequences of a court judgment. etc. Section 14. to register an instrument which in his opinion is registrable. Section 11. or in case of perform such other functions as may. The former does not contemplate notice to and hearing of interested parties such as are required in a judicial proceeding nor carries with it x. The Register of Deeds shall submit to the Land Registration Commission within ten days after the month to which they pertain his monthly reports on collections and accomplishments. 16 . the court itself to order the registration. such additional compensation together with his actual salary not to exceed the salary authorized for the position thus filled by him. Discharge of duties of Register of Deeds in case of vacancy. a) For the province or city where there is a Deputy Register of Deeds. A. be assigned to him by the Commissioner. For this purpose. unless the Secretary of Justice designates another 1) A survey plan serves to establish the true identity of the land to ensure that it does not official to act temporarily in his place: overlap a parcel of land or a portion thereof already covered by a previous land registration. the Secretary of Justice may. should there be one. authorize the payment of an additional compensation to the official acting as Register of Deeds. in the exercise of his ministerial duties under the submit to the Commission at the end of December of each year. and quite another thing for instruments in his Registry.CHAPTER 3 . vacancy in the office. or by the second Deputy Register of Deeds. b) For the province or city where there is no Deputy or second Deputy Register of Deeds. In case of a newly-created province or city and pending establishment of a Registry of Deeds and ORDINARY REGISTRATION PROCEEDINGS the appointment of a regular Register of Deeds for the new province or city. Who may apply. the obstacle registered owners alphabetically arranged. by 2) Only the Lands Management Bureau has authority to approve original survey plans for the Provincial or City Fiscal. Who may apply Registration under the Property Registration Decree i. plans and works requiring the services of a geodetic engineer in said office. Chief Geodetic Engineer.ORIGINAL REGISTRATION 3. There shall be prepared in every Registry an index system which shall contain the names of all a) When a writ of preliminary injunction in a cadastral proceeding is dissolved. or upon the occasion of the absence. but it is no authority for the court to issue an in the name of each registered owner which shall contain a list of all lands registered in his name. Section 12. by said Deputy Register and to forestall the possibility that it will be overlapped by a subsequent registration of any of Deeds. He shall 1. said duties shall be performed by the following officials. an annual inventory of all titles and law. There was a need to centralize in one agency. There shall be a Chief Geodetic Engineer in the Land Registration Commission who shall be the viii. an index card which shall be prepared to the registration of a deed of sale is removed. from time to time. ix. the Register of Deeds of the mother province or city shall be the ex-officio Register of Deeds for said new province or city. In case of absence. III. 6) Notice to the Register of Deeds or adverse party. disability or suspension of the Register of Deeds without pay. technical adviser of the Commission on all matters involving surveys and shall be responsible to him for all plats. not amounts to a declaration that the instrument recognizes a valid and subsisting interest in the land. He shall also b) It is one thing for the Register of Deeds. illness. in NOTES SECTION 13 of PRD: the order in which they are mentioned below. Section 13. where the dismissal of the cadastral case is not yet final. or inability of the Register of Deeds to discharge his duties. Owner's Index. in his discretion. reports.

proclamation to that effect so that it may form part of the disposable agricultural lands of the public domain. has been in open.The following persons may file in the proper Court of First Instance an application for registration of 5) Nature of possession must be: title to land. under a bona 1) Properties of public dominion cannot be acquired by prescription.• domain. 2. and possession of the properties has been. 1113. Thus. It time of the application for registration is filed so as to entitle the possessor to registration. b. 17 . reads: 3) Steps in Alienation of Public Agricultural Land: Art. 2) Land must already be (a) classified as alienable and disposable land. Property of the State or any of its subdivisions not patrimonial in a. 1) Requisites for registration under Section 14(1) d. It need not be classified as alienable and disposable land of public domain since June 12. 1945. It must be shown to have been reclassified as alienable and disposable• land of the public character shall not be the object of prescription. The application for registration is filed with the proper court. leading to a presumption that the owner has notice of it. All things which are within the commerce of men are susceptible of prescription. Continuous. Exclusive. whether personally or through their duly authorized representatives: a. The exception is where the law itself so provides. a. Open. Only when such lands have become patrimonial can the prescriptive title do not apply unless and until the land classified as forest land is released in an official period for the acquisition of property of the public dominion begin to run. Even a city or municipality cannot acquire them by prescription as against d. NOTES SECTION 14(2) of PRD: c.There must not be any interruption. continuous. prescription does not run against the State.Land must be possessed by himself or by his predecessors. It must not be a secret or clandestine. it is clear that where lands of the public domain are patrimonial and. or earlier. by himself or through his predecessors-in-interest. c. 1945. an administrative action. That such possession and occupation has been effected since June 12. 1945 or earlier. there can be no prescription against the State regarding property of public domain. Notorious . 4) Under the Civil Code. continuous.in-interest to the NOTES SECTION 14(1) of PRD: exclusion of all others. and (b)possessed and occupied since June 12. CA) 5) Lands of public dominion shall form part of the patrimonial property of the State when there is a declaration by the government that these are alienable or disposable and are no longer intended for 4) With respect to non-agricultural lands like forest lands. exclusive and notorious possession and occupation of alienable and disposable lands of the public b. the State. and a legislative act or a statute. 1945 or earlier at the time of filing of the application for registration. they are susceptible to acquisitive prescription. hence. exclusive and notorious possession and occupation thereof. No matter how long the fide claim of ownership. That the land applied for is an agricultural public land classified as alienable and disposable land at the time.Those who by themselves or through their predecessors-in-interest have been in open. That the applicant. the rules on the confirmation of imperfect public use or public service.Use or inhabitance of real property that is open and obvious to neighbors.It must be known to all. Those who have acquired ownership of private lands by prescription under the provision of existing laws. b. It must establish the existence of a positive act of the government such as a presidential private in character. a. proclamation or an executive order. It is sufficient that the land is already declared as alienable and disposable land at the 3) Article 1113 of the Civil Code provides the legal foundation for the application Section 14(2). the exception is where the law itself expressly provides. investigation reports of Bureau of Lands investigators. unless otherwise provide. patrimonial property of the State may be the subject of acquisition through prescription. 1. domain under a bona fide claim of ownership since June 12. (Republic v. 2) While as a rule.

Laches is not. Prescription is statutory. unless otherwise provided. Laches applies in equity. Laches is principally a question of inequity of permitting a claim to be enforced. b. through possession for at least ten (10) years. the possession to that of his grantor or predecessor-in-interest. By prescription. a. Prescription applies at law. Prescription is based on a fixed time. but the grantor was not the owner or could not transmit 1) Accession defined any right. d. Property of the State or any of its subdivisions not patrimonial in character shall not be 3. Acts of a possessory character done by virtue of a license or mere tolerance on the part of the real owner are not sufficient. property. a. Ordinary Acquisitive Prescription. this inequity being founded on some change in the condition of the 9) Prescription Generally: property or the relation of the parties. patrimonial property for at least thirty (30) years. one acquires ownership and other real rights through the lapse of time in c. b. for Section 14(2) of the Property Registration Decree to apply – 11) Computation of prescription: a) There must be an express declaration by the State that the public dominion property is no longer intended for public service or the development of the national wealth or that the a. even if classified as alienable or disposable. e. Actual possession of land consists in the manifestation of acts of dominion over it of such a. The present possessor may complete the period necessary for prescription by tacking his property has been converted into patrimonial. Laches is concerned with the effect of delay.a person’s uninterrupted adverse possession of peaceful and uninterrupted.a person acquires ownership of a patrimonial property a nature as a party would naturally exercise over his own property. the applicant has the right to register the same 10) Concept of possession for purposes of prescription: under Section 14(2) even if the possession thereof for the required prescriptive period commenced on a date later than June 12. d. a. Without such express declaration. To consolidate prescription. c. Those who have acquired ownership of private lands or abandoned river beds by right of accession the object of prescription. regardless of good faith or just title. 1945. the manner and under the action lay down by law. All things which are within the commerce of men are susceptible of prescription. or accretion under the existing laws. Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession. the possession must be that of owner. Laches is not. d. 18 . pursuant to Article 420 (2) of the Civil Code. For purposes of prescription. Prescription is a matter of time. 8) In sum. 7) 2 Kinds of Prescription: b. b. Extraordinary acquisitive prescription . and thus incapable of acquisition by prescription. and it must be public. there is just title when the adverse claimant came into NOTES SECTION 14(3) of PRD: possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights. where the land is already a private land. b) Such declaration shall be in the form of a law duly enacted by Congress or a Presidential Proclamation in cases where the President is duly authorized by law. in good faith and with just title. remains property of the public 12) Prescription distinguished from laches: dominion. ripens into ownership pursuant to Article 1137 of the Civil Code. Prescription is concerned with the fact of delay. c.6) Thus.

That the deposit be gradual and imperceptible. The river changed its 6) Accretions affecting lands registered under the Torrens system: course. a. caused by natural forces (and not by So. Either naturally or artificially. The change of the river must be a natural one. subjected to acquisition through prescription by a third person. Registration does not protect the riparian owner against diminution of the area of his land through gradual changes in the course of the adjoining stream.. alluvion. That it be made through the effects of the current of the water.Law speaks of change of river course. 19 . streams and lakes: not apply for. Who owns the river bed? C and D. i. planting and sowing. The river must continue to exist. c. incorporated attached thereto. and same by paying the value thereof.Includes: fruits of. b. avulsion. to compensate a. 3) The requisites for the application of Article 461 of the Civil Code: b. Accession is the right of the owner of a thing. that is. the bed left dry will belong to public dominion (Art 502 of the Civil Code). If a river simply dries up or disappears. (If the government shortly after register such accretion within the prescribed period. Under Article 461 of the Civil Code. That the land where accretion takes place is adjacent to the banks of rivers. lost portions of their lands. The change must be sudden in order that the old river may be identified. to become the owner of 4) Ownership by right of accretion along river banks: everything which is: a. just because the lot which receives such accretion is covered by a flooding of another’s land. In case of diminution of area him for his loss. the presumption is that the change was gradual and caused by 2) Ownership of abandoned river beds by right of accession: accretion and erosion. reads: e. it must not completely dry up or disappear. it cannot be said that there was abandonment). improvements upon a thing. alluvial deposit acquired by a riparian owner of registered land by accretion may be artificial means). c. Now. d. river beds which are abandoned through the natural 5) 3 Requisites before an accretion is said to have taken place: change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. change of course of rivers. However. by failure of such owner to d. In case of increase of area a.Article 84 of the Spanish Law of Waters of 1866.e. passing through the land of C. it does not automatically b. Although alluvion is automatically owned by the riparian owner. and a. building. b. the owners of the lands adjoining the old bed shall have the right to acquire the b. There must be definite abandonment by the government. a. The changing of the course must be more or less permanent. which remains in effect. suppose that two owners. real or personal. here. b. a. formation of islands. c. rivers belong the accretion which they gradually receive from the effects of the current of the waters. additions to. C and D. and not temporary over become registered land. the change decides and actually takes steps to bring the river to its old bed. Article 457 of the Civil Code provides that to the owners of lands adjoining the banks of produced thereby.To illustrate: A and B each owns land on opposite sides of a river. which value shall not exceed the value of the area occupied by the new bed. In the absence of evidence that the change in the course of the river was sudden or that it occurred through avulsion. Torrens title. Article 461 will 7) Accretion along the banks of creeks. Who owns the abandoned river bed? C. in proportion to the area lost. Accretions which the banks of rivers may gradually receive from the effect of the current become the property of the owners of the banks.

Where the adjoining land owner does not cause the registration of the increment to his 8) Alluvion must be the exclusive work of nature: property. rivers. streams and lakes do not form part of the public domain as the alluvial property automatically belongs to 11) Where alluvial increment is not registered. not open to acquisition by adverse possession by private persons. c. 20 . b. It is outside the commerce of man. 1) Land Grant by Presidential Proclamation 10) Accretion does not automatically become registered land: a. prescription: c. b. The clear implication is that a land grant having been made by a Presidential proclamation a. therefore. 2) Public Grant . Reservation for a specific public purpose by Presidential proclamation – Lands covered by reservation are not subject to entry. The location of his land. The only restriction is that the owner of the adjoining property must register the same a. by accessions or sediments from the waters thereof. streams. a. automatically registered land just because the lot which receives it is covered by a Torrens title thereby making the alluvial property imprescriptible.a conveyance of public land by government to a private individual. Ownership over the accretion received by the land adjoining a river is governed by the lakes. Those who have acquired ownership of land in any other manner provided for by law. c.― d. alluvial formation along the seashore is part of the b. 84. it is under the Torrens system. public domain and. Art. the same may be acquired by third persons. Accretions deposited gradually upon lands contiguous to creeks. Ebio) b. the registered owner of property is considered the and by legislative act. and no lawful settlement on them can be acquired. b. Ownership of a piece of land is one thing. But the accretion does not become the operation of the Torrens system. In contrast to the rule on accretion. Compensate him for the encumbrances and various kinds of easements to which his property is subject. b. There must be evidence to prove that the addition to the property was made gradually through the effects of the current of the river. From the foregoing provisions. Alluvion must be the exclusive work of nature. The requirement that the deposit should be due to the effects of the current of the river is 12) Alluvial formation along the seashore forms part of the public domain: indispensable. and 4. alluvial deposits along the banks of creeks. Compensate the riparian owner for the danger of loss that he suffers because of the together with the adjacent sore. a. and c. Under Article 457 of the Civil Code. 9) Reason for the law on accretion: c. it may be acquired by third persons through the owner of the estate to which it may have been added. (City Mayor of Paranaque City v. lands. and registration under the Torrens system of that ownership is quite another. otherwise. through prescription by third persons. the grantee may apply for the registration of the land and bring it under lawful owner of the accretion to his property. belong to the owners of such Civil Code. belong to the national domain and are for public uses. In order that the accretion may be protected by the rule on imprescriptibility. b. Promote the interests of agriculture for the riparian owner it in the best position to utilize NOTES SECTION 14(4) of PRD: the accretion. a . State shall grant these lands to the adjoining owners only when they are no longer needed for the purposes mentioned therein. All lands thrown up by the sea and formed upon the shore by the action of the water. Imprescriptibility of registered land is provided in the registration law. the alluvial property may be subject to acquisition necessary that the same be brought under the operation of the Torrens system. unless otherwise declared by either the executive or legislative branch of the government.

024 hectares. 7) Emancipation Patent / Grant(Certificate of Land Ownership Award) c. Voluntary execution of deed of conveyance 1. 1987 Constitution). which in their natural persons they could not have had. carried on by the clerics for and on behalf of the church which was regarded as the property owner. A corporation sole was designed to facilitate the exercise of the functions of ownership 6) Descent or Devise . it is restricted to 1.000 hectares in area for a period of 25 years and renewable e. Lease (CANNOT own land of the public domain) for 25 years renewable. Article XII. A corporation sole is qualified to own and register private agricultural land. as the case may be.000 hectares.Hereditary succession to the estate of deceased owner. May be subsequently transferred to private owners 2. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created. a corporation may apply for judicial of the church properties that come to their possession. and except when the and hold real estate and personal property. a. No consent from the owner of land A. If engaged in agriculture. as corporations sole are merely administrators transferred to a juridical entity (in this case. Apply to both Filipinos and foreign corporations. A corporation sole by the nature of its incorporation is vested with the right to purchase for not more than 25 years (Section 3. and d. Private Lands b. 1987 Constitution). particularly that of perpetuity. Limitation to ownership of land by corporations: a. and his successors (who will always be one a. Article XII. Article XII. 7. Patrimonial property of the State (Sec. 3. A corporation sole is a special form of corporation usually associated with the clergy. who are incorporated by law in order to give them some b. c. Must be initially owned by government 1. land has been previously acquired by prescription by a natural person and subsequently f. Limited to 1. b. and which they hold in trust for the confirmation of title). 21 . 8) Land acquisition by private corporations: d. juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. Forcible acquisition by the State b. Such grant is not transferable except by hereditary succession legal capacities and advantages. At least 60% Filipino (Sec. 5) Involuntary Alienation 9) A corporation sole is qualified to apply for registration a. c. and 4) Voluntary Transfer 3. To ameliorate the sad plight of tenant-farmers at a time). a. b. in some particular station. Consensual 3. Private grant ii. Purpose of the prohibition(see Chavez v. By way of exception. Filling of submerged land by deliberate act and reclaiming title thereto i. PEA) 3) Reclamation c. 1987 Constitution) b. Contractual relationship between the parties 2. Bishops or archbishops. A corporation sole consist of one person only.

Thus. one in whom confidence is reposed mortgage it. A trustee on behalf of his principal may apply for original registration of any land held in trust by him. NOTES par. subject to the latter’s right of representatives: redemption. Since a co-owner cannot be considered a true owner of a specific portion until division or partition is effected. redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro. Republic.shall be c. G. all the co-owners shall file the application jointly. c. Such claim shall not affect the title of a purchaser for value and in good faith before its for the original registration of the land. and joining the co-owners as applicants. and the person for whose rights are involved. a description of the land. each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto. unless prohibited by the instrument creating the trust. and he may therefore alienate. SECTION 14 of PRD: NOTES par. 3. Having the legal title to the land. iii. Tan v. i. c. No. upon his death not to his personal heirs but to his successor in office him. Whoever claims an interest in registered land by reason of any implied or constructive limited to the portion which may be allotted to him in the division upon the termination of trust shall file with the Register of Deeds for registration a sworn statement containing: the co-ownership. 4. 2. provided. the vendee a retro has therefore a registerable continuous. exclusive and notorious possession and occupation of alienable and disposable title thereto which may be the subject of initial registration. assign or b. A sale with pacto de retro transfers the legal title to the vendee and the vendee is application for registration of title to land. whether personally or through their authorized subrogated to all the rights and actions of the vendor. A person who establishes a trust is called the trustor. b. a reference to the number of the certificate of title. benefit the trust has been created is referred to as the beneficiary or cestui que trust. 193443. or earlier. Where the land has been sold under pacto de retro. except when personal as regards property for the benefit of another known as the trustee. and even substitute another person in its enjoyment. b. church. SECTION 14 of PRD: ii. the latter shall be substituted for the applicant and may continue the proceedings. Who may apply. Under Article 493 of the Civil Code. the name of the registered owner. April 16. the vendor a retro may file an application d. 22 . that should the period for registration. The right to redeem the property retained by the vendor a retro should only be noted in the decree and certificate of title that may be issued. 1) Those who by themselves or through their predecessors-in-interest have been in open. NOTES par. however. a. But the effect of the alienation or the mortgage. The following persons may file in the proper Court of First Instance an a. 2012 1) Vendee a retro may file application in his name Section 14. SECTION 14 of PRD: 1) Trustee may apply for registration on behalf of his principal: 1) Co-owners shall file application jointly: a. he cannot file an application for registration for the whole area without ii. by A trustee on behalf of his principal may apply for original registration of any land held in trust by operation of law.• Where the land is owned in common. lands of the public domain under a bona fide claim of ownership since June 12.R. 1945. with respect to the co-owners. church properties acquired by the incumbent of a corporation sole pass.

1945. land where accretion takes place is adjacent to the banks of rivers. Landicho. CA and Tancinco. therefore. an applicant must conclusively establish the existence of a positive act of 420(2). they remain part of the inalienable public domain. prove the following: (a)that the land The above-quoted article requires the concurrence of three requisites before an accretion covered forms part of the disposable and alienable agricultural lands of the public domain. remains property of the public dominion. the applicant must prove that: (a) the prescriptive period. Alluvion must be the exclusive work of nature. This excludes from Art. or administrative action. that such possession is under a bona fide river is to compensate him for the danger of loss that he suffers because of the location of his land. continuous. Candymaker. Republic v. 2) Those who have acquired ownership of private lands by prescription under the provision Although tax declarations and realty tax payment of property are not conclusive evidence of of existing laws. prescription against the State. 1529 provides that to be entitled of a land. there must be an express declaration by the State that the public dominion property is All lands not otherwise appearing to be clearly within private ownership are presumed to belong to no longer intended for public service or the development of the national wealth or that the property the State. they are good indicia of the possession in the concept of owner for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive 3) Those who have acquired ownership of private lands or abandoned river beds by right of possession. even if disposable to a private person. Accordingly. and (b) that they by this particular provision is said to have taken place. the property. such as presidential proclamation or an executive order. for one to invoke the provisions of Section 14(2) and set up acquisitive Government. Republic v. Domingo v. Republic v. 666 SCRA 401 same under a bona fide claim of ownership either since time immemorial or since June 12. The accession or accretion under the existing laws. Such an act strengthens one’s bona fide claim of acquisition of ownership. They constitute at least proof that the holder has a claim of title over the property. If claim of ownership since June 12. exclusive. ownership.D. the development of the national wealth that the period of acquisitive prescription can begin to run. continuous. No. and all other interested parties. Without such express declaration. 457 of the New Civil Code all deposits caused by human There are three obvious requisites for the filing of an application for registration of title under Section intervention. and unless it has been shown that they have been reclassified by the State as alienable or has been converted into patrimonial. 1945. Furthermore. 448 SCRA 442 (2005) The requirement that the deposit should be due to the effect of the current of the river is indispensable. 1945 or earlier. disposable lands are expressly declared by the State to be no longer intended for public service or for investigation reports of the Bureau of Lands investigator or a legislative act or statute. v. They are (1) that the deposit be gradual and have been in open. The reason behind the law giving the riparian owner the right to any land or alluvion deposited by a exclusive and notorious possession and occupation. land applied for forms part of the disposable and alienable agricultural lands of the public domain and (b) he has been in open.• Applicants for confirmation of imperfect title must. Republic v. and (3) that the a bona fide claim of ownership either since time immemorial or since June 12. the period of possession preceding the classification of the property as patrimonial cannot be considered in determining the completion of the Section 14 of P. continuous. and notorious possession and occupation of the same under imperceptible. it is primordial that the status of the property as patrimonial vi. exclusive and notorious possession and occupation of the iii. 492 SCRA 272 (2006) receive from the effects of the current of the waters.that the property in question is alienable and disposable land of the public domain. 14(1). It is only when such alienable and government. estates bordering on rivers are exposed to floods and other evils produced by the destructive force 23 . (2) that it be made through the effects of the current of the water. pursuant to Article land is alienable. 132 SCRA 514 (1984) Article 457 of the New Civil Code provides: in cases where the President is duly authorized by law. East Silverlane Realty Development Corp. 531 SCRA 606 (2007) be first established. and.. To prove that a classified as alienable or disposable. but also the intention to contribute needed revenues to the In other words. Such declaration shall be in the form of a law duly enacted by Congress or a Presidential Proclamation vii. CA and Naguit. To the owners of lands adjoining the banks of rivers belongs the accretion which they gradually iv. that the applicants by themselves or through their predecessors-in-interest have been in open. nevertheless. voluntary declaration of a piece of property for taxation purposes manifests not only one’s sincere and honest desire to obtain title to the property and announces his adverse claim against the State 4) Those who have acquired ownership of land in any other manner provided for by law. and thus incapable of acquisition by prescription.

24 . 1529) Possession has to be in the concept of an owner. public.of the waters and if by virtue of lawful provisions. 517 SCRA 271 (2207) express government manifestation that the property is already patrimonial or no longer retained for public service or the development of national wealth under Article 422 of the Civil Code. (Article 1137. 587 SCRA 172 (2009) The persons specified in the next following section are hereby granted time. Heirs of Malabanan v. 1) Where the land is owned in common. the reclaimed land does not automatically belong to the party reclaiming the same as they may still be subject to the terms of Under 14(2) of PD 1529. Buenaventura v. Provided. However. Republic. 14(2). as amended By this. 2000. NCC) A riparian owner then does not acquire the additions to his land caused by special works expressly intended or designed to bring about accretion. SECTIONS 47. 32 years to be exact. 1945. the land be declared alienable and disposable at the time of the filing for the application for judicial That the several periods of time designated by the President in accordance with section forty-five of confirmation of imperfect title and the land need not be alienable and disposable during the entire this Act shall apply also to the lands comprised in the provisions of this chapter. Prescription SECTION 48. when the subject property was finally 2) If the applicant is not a resident of the Philippines. all the co-owners shall file the application jointly. CA. 48. (Sec. 2020. not be construed as prohibiting any of said persons from acting under this chapter at any time prior to the period fixed by the President. for registration of the said property is still possible by virtue of NOTES: Section 14(2) of the Property Registration Decree which speaks of prescription. City of Manila. (Cortes v. 10 Phil. such lands based on the length and quality of their possession. Code. It is sufficient that extension shall apply only where the area applied for does not exceed 144 hectares. he shall file with his application an instrument declared alienable and disposable by the DENR to the time they file an application for registration of in due form appointing an agent upon whom service shall be made. it is proper that the risk or danger which may prejudice the owners Civil Code. reckoned from the year 1968. Ownership is acquired through uninterrupted adverse possession for thirty years. without need of title or of good faith. but this section shall period of possession. P. not to extend beyond Applicants under 14(1) of PD 1529 in relation to sec 48(b) of CA 141 acquire ownership of. NCC). Republic. x. private persons cannot. Lands of the Public Domain are outside the commerce of man and consequently cannot be acquired reclaim land from water bodies belonging to the public domain without proper permission from through prescription. December 31. reveal that petitioners were in possession of the subject property for more than 30 years. SECTION 47. exclusive and notorious possession and occupation in the concept of an owner. 567) and uninterrupted. 1987 within which to take advantage of the benefit of this chapter: Provided. further. peaceful thereof should be compensated by the right of accretion. which only become such after they have been declared alienable and disposable and there must also be an viii. by themselves. And even if such reclamation had been authorized. the subject alienable and disposable public land had been effectively converted into private property over which petitioners have acquired ownership thru prescription to which they are Judicial Confirmation of Imperfect or Incomplete Titles entitled to have title thru registration proceedings. applicants acquire ownership of the lands through prescription in the Civil the authority earlier granted. indeed. CA 141. said estates are subject to encumbrances and Applicants who have acquired ownership of private lands by prescription under the provisions of the various kinds of easements. application of the public dominion begin to run. The records. and December 31. title over the subject property on June 5. Indeed. government authorities. 3) Applications for judicial confirmation of imperfect through possession shall not extend beyond Petitioners’ possession of the subject property since 1968 has been characterized as open. ix. (Article 1118. Only when In the case of Republic v. it becomes crystal clear from the ruling of the Court that even if the the land has become patrimonial property can the prescriptive period for the acquisition of property possession of alienable lands of the public domain commenced only after June 12. continuous. the applicants may only acquire patrimonial lands of the public domain.D. That this registrable title to.

as amended by RA 1942) providing for a 30-year possession period could not be impaired by the PD 1073 amendment. 1945.First. CA No. and provided. Period of possession: Historical Background c) Members of the national cultural minorities who by themselves or through their i. since June any other cause. ii. it domain•. 1945. under a bona fide claim of ownership for at least 30 years shall be entitled to the rights Questions were raised on how one could possibly comply with the June 12. 48. 141 (Public Land Act) permitted it. except when prevented by war or force majeure.The following-described citizens of the Philippines. reads: 141. 1945 or earlier granted in sub-section (b) hereof. exclusive and notorious possession raised against this date is that the country was at this time under Japanese occupation. under a bona fide claim of acquisition of ownership. may apply to the Regional Trial Court of the province or to own any such lands or an interest therein. whether disposable or years after. and for some and occupation of lands of the public domain suitable to agriculture. 1073: probability. i. exclusive. exclusive. under the laws and royal decrees then in force and have instituted and prosecuted the continuous. as the enactment of the law (a Presidential Decree) was solely through the President’s lawmaking powers under a regime that 1) Governing Provision: Section 48(b). or for lands of the public domain. as amended. in all a. These shall be conclusively presumed to have performed bona fide claim of ownership. 1945 cut-off date raised legal concerns. for at least thirty years their predecessors-in-interest have been in open. but it did not. Counting 30 years backwards from the enactment of PD 1073 on January 25. occupying lands of the public domain or claiming not been perfected or completed. and notorious possession and occupation of agricultural lands of the (c) Members of the national cultural minorities who by themselves or through public domain. under the Property Registration Decree to wit: their claims and the issuance of a certificate of title therefor. The significance of the date June 12. Sec. if such applicants or grantees and their heirs have 12. was how the law would affect the application of the old law which provided for a thirty- year possession period. 141. but have with or without default upon their part. Without the benefit of congressional records. 1945. c. not received title therefor. The following described citizens of the Philippines. PD 1073 should have provided for a January 24. These shall be conclusively occupied and cultivated said lands continuously since the filing of their applications. shall be entitled to the rights granted all the conditions essential to a Government grant and shall be entitled to a certificate of title in sub-section (b) hereof. the most logical reason or explanation for the date is the possible impact of the interplay between the old law and the amendatory law. under the provisions of this chapter. to wit: Xxx xxx xxx a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase. 1945. Section 48 (b) and (c) of CA No. possession must be since June 12. since June 12. under a prevented by war or force majeure. A major concern predecessors-in-interest have been in open. but whose titles have 25 .• occupation/possession requirement of PD 1073 when the then prevailing situation did not legally or NOTES Judicial Confirmation of Imperfect or Incomplete Titles: physically permit it. but whose titles have not been perfected or completed. occupying lands of the public domain or claiming to own any such lands or an interest therein. 1947cut-off date. When PD 1073 was enacted. continuous.Second. agricultural lands was changed to alienable and disposable lands of the public 1977. for unknown reasons. presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. 1945 appears to have been lost to history. and notorious possession and occupation of alienable and disposable proceedings in connection therewith. under the Land Registration Act. was suffering from the uncertainties and instabilities that World War II brought. city where the land is located for confirmation of their claims and the issuance of a certificate may apply to the Court of First Instance of the province where the land is located for confirmation of of title therefor. Instead. continuous. continuous. vested rights acquired under the old law (CA b. The June 12. 2 Significant amendments have been introduce by PD No. the utmost concern. ii. As thus amended. composition or other form of grant of lands of the public domain (b) Those who by themselves or through their predecessors in interest have been in open. b) Those who by themselves or through their predecessors in interest have been in open. not. under a bona fide claim of acquisition or ownership. exclusive and notorious immediately preceding the filing of the application for confirmation of title except when possession and occupation of alienable and disposable lands of the public domain. the date June 12.

iii. From this perspective, PD 1073 should have thus provided January 24, 1947 and not June 12, b. As a rule, no title or right to, or equity in, any lands of the public domain may be acquired
1945 as its cut-off date, yet the latter date is the express legal reality. The reconciliation, as properly by prescription or by adverse possession or occupancy except as expressly provided by law.
defined by jurisprudence, is that where an applicant has satisfied the requirements of Section 48 (b)
of CA 141, as amended by RA 1942, prior to the effectivity of PD 1073, the applicant is entitled to c. Registration under Section 48(b) of the PLA (No. 141) presumes that the land was
perfect his or her title, even if possession and occupation does not date back to June 12, originally public agricultural land but because of adverse possession since June 12, 1945,the
1945.(Concurring and Dissenting Opinion of J. BRION, Heirs of Mario Malabanan v. Republic, 587 land has become private.
SCRA 172)
d. To entitle him to registration under Section 48(b) of the PLA, the applicant must prove
d. Section 48 (b) of the Public Land Act on judicial confirmation of imperfect or incomplete titles has that:
a counterpart provision in Section 14(1) of the Property Registration Decree.
i. The land is alienable public land; and
e. There are no material differences between Section 14(1) of the Property Registration Decree and
ii. His possession and occupation has been open, continuous, exclusive, notorious
Section 48(b) of the Public Land Act, as amended.
and in the concept of owner;
i. True, the Public Land Act does refer to agricultural lands of the public domain, while the
iii. Since June 12, 1945.
Property Registration Decree uses the term ‘alienable and disposable lands of the public
domain. e. Title is void where land is inalienable and may be cancelled even in the hands of an
innocent purchaser for value:
ii. It must be noted though that the Constitution declares that ‘alienable lands of the public
domain shall be limited to agricultural lands. i. A certificate of title is void when it covers property of public domain classified as
forest or timber and mineral lands.
f. RA No. 9176 extended the period to file application to December 31, 2020
ii. Any title issued on non-disposable lots even in the hands of an alleged innocent
“On November 13, 2002, RA No. 9176 was enacted:
purchaser for value, shall be cancelled.
i. Extending the period to file an application for judicial confirmation of imperfect or
3) Requisites for availment of Chapter VIII only when the following conditions are met that the
incomplete titles to December 31, 2020;
possessor of the land may acquire, by operation of law, a right to a grant, a government grant, without
ii. Further limiting the area applied for to 12 hectares; and the necessity of a certificate of title being issued:•

iii. Providing that all pending applications filed before the effectivity of the amendatory Act a. That the land forms part of the disposable and alienable agricultural lands of the public
shall be treated as having been filed in accordance with the provisions thereof. domain; and

iv. The extension of the period fixed by law for the filing of the application for registration is b. That he has been in open, continuous, exclusive and notorious possession thereof, under a
not jurisdictional but is more of a time limitation. bona fide claim of ownership, since June 12, 1945.

2)Registration proceeding presupposes that the land is a public agricultural land 4) Land must be A and D land at the time the application for confirmation is filed:

a. Public Land Act, as amended, is a special law specifically applying to agricultural lands of a. Section 48(b) of the PLA (Judicial Confirmation of Imperfect or Incomplete Title) applies
the public domain. exclusively to alienable and disposable agricultural lands of the public domain.

i. Forest or timber lands, mineral lands and lands within national parks are excluded
26

b. The right to file the application for registration derives from a bona fide claim of ownership c. For all legal intents and purposes, the land is segregated from the public domain, because
going back to June 12, 1945 or earlier, by reason of the claimant’s open, continuous, exclusive the beneficiary is conclusively presumed to have performed all the conditions essential to a
and notorious possession of alienable and disposable lands of the public domain. Government grant and shall be entitled to a certificate of title under the provisions of this
chapter.•
c. Section 48(b) of the PLA does not require that the land applied for should have been
alienable and disposable during the entire period of possession. It is sufficient that the land 8) Compliance with all requirements for a government grant ipso jure converts land to private
is already classified as alienable and disposable portion of the public domain at the time the property:
application is filed.
a. Where all the requirements for a government grant are complied with, i.e.,possession in
5) Rule different where land is not registrable as when it forms part of the public forest: the manner and for the period required by law, the land ipso jure ceases to be public land
and becomes private property.
a. A different rule obtains for lands which are incapable of registration as when they belong
to the category of forest or timber, mineral lands, and national parks. 9) Application must conform to the requirements of the Property Registration Decree:

b. The reason for this is that, under Section 2, Article XII of the Constitution, only agricultural a. Section 50 of the PLA requires that every person claiming any lands or interest in lands
lands may be the subject of alienation. under Chapter VIII must in every case present an application to the RTC, praying that the
validity of the alleged title or claim be inquired into and that a certificate of title be issued to
6) Only A and D(alienable & disposable) lands may be the subject of confirmation of title: him under the provisions of PD No. 1529.
a. There can be no imperfect title to be confirmed over lands not yet classified as disposable b. The application shall conform as nearly as may be in its material allegations to the
or alienable. requirements of an application for registration under Section 15 of the Decree.
b. In the absence of such classification, the land remains unclassified public land until 10)Hearing:
released therefrom and open to disposition.
a. Applications for registration shall be heard in the RTC or, in proper cases, in a First Level
c. Indeed, it has been held that the rules on the confirmation of imperfect title do not apply Court, in the same manner and shall be subject to the same procedure as established in the
unless and until the land classified as, say, forest land is released in an official proclamation Property Registration Decree.
to that effect so that it may form part of the disposable agricultural lands of the public
domain. b. Notice of all such applications, together with a plan of the lands claimed, shall be
immediately forwarded to the Director of Lands, who may appear as a party in such cases.

c . Prior to the publication for hearing, all of the papers in said case shall be transmitted by
7) Where applicant has acquired a right to a government grant, application is a mere formality: the clerk to the Solicitor General or officer acting in his stead, in order that he may, if he
deems it advisable for the interests of the government, investigate all of the facts alleged in
a. When the conditions specified in Section 48(b) of the PLA are complied with, the possessor
the application or otherwise brought to his attention.
is deemed to have acquired, by operation of law, a right to a grant, without the necessity of a
certificate of title being issued. i. The burden is on applicant to prove his positive averments and not for the
government or the private oppositors to establish a negative proposition
b. The application for confirmation is a mere formality, the lack of which does not affect the
insofar as the applicants’ specific lots are concerned.
legal sufficiency of the tile as would be evidenced by the patent and the Torrens title to be
issued upon the strength of said patent.

27

ii. He must submit convincing proof of his and his predecessor-in- interest’s actual, states that the government can declare open for disposition or concession only lands that are
peaceful and adverse possession in the concept of owner of the lots during the period officially delimited and classified.•
required by law.
To prove that the land subject of an application for registration is alienable, the applicant must
11) Order for the issuance of a decree: establish the existence of a positive act of the government such as a presidential proclamation or an
executive order; an administrative action; investigation reports of Bureau of Lands investigators; and
a. Whenever any judgment of confirmation or other decree of the court under Chapter VIII a legislative act or a statute. The applicant may also secure a certification from the Government that
of the PLA shall become final, the clerk of court shall certify that fact to the Director of Lands, the land applied for is alienable and disposable.
with a certified copy of the decree of confirmation or judgment of the court and the plan and
technical description of the land. xii. Republic v. Herbieto, 459 SCRA 183 (2005)

b. The final decree of the court shall in every case be the basis for the original certificate of In Relation to the Public Land Act Under CA 141
title in favor of the persons entitled to the property under the procedure prescribed in the
Property Registration Decree. The CA overlooked the difference between the Property Registration Decree and the Public Land Act.
Under the PRD, there already exists a title which is confirmed by the Court; while under the PLA, the
12) Land declared public land in a previous registration case may be the subject of judicial presumption always is that the land applied for pertains to the State, and that the occupants and
confirmation: possessors only a claim an interest in the same by virtue of their imperfect title or continuous, open
and notorious possession [since June 12, 1945 or earlier].
a. In Zara v. Director of Lands, a parcel of land which had been declared public land in a
previous registration proceeding was again the subject of application by persons claiming an Since the subject lands are alienable and disposable lands of the public domain, the applicants may
imperfect title thereto on the basis of their continuous and adverse possession for more than acquire title thereto only under the PLA.
thirty years. The trial court dismissed the application on the ground of res judicata. However,
the Supreme Court reversed the order of dismissal, holding, that by reason of the claimant’s Applicants could not acquire land through adverse possession since the land was only classified as
possession for thirty years he is conclusively presumed to have performed all the conditions alienable in 1963 AND their possession only started in 1950.
essential to a Government grant.
(Note: Substantial requirements for public lands are in the PLA but the procedural requirements are
b. Note, however, that in Diaz v. Republic, the Court ruled that in registration cases filed in the PRD.)
under the provisions of the PLA for the judicial confirmation of an incomplete and imperfect
Civil Code provisions on prescription, which is subject to confirmation under the PRD, in general
title, an order dismissing an application for registration and declaring the land as part of the
applies to all types of land. However, excluded therefrom are lands of the public domain which are
public domain constitutes res judicata, not only against the adverse claimant, but also against
covered by the PLA [special law v. general law]
all persons.
xiii. Republic v. Manna Properties, 450 SCRA 247 (2005)
xi. Republic v. Muñoz, 536 SCRA 108 (2007)
A party to an action has no control over the Administrator or the Clerk of Court acting as a land court;
Commonwealth Act No. 141, also known as the Public Land Act, remains to this day the existing
he has no right to meddle unduly with the business of such official in the performance of his duties.
general law governing the classification and disposition of lands of the public domain, other than
A party cannot intervene in matters within the exclusive power of the trial court. No fault is
timber and mineral lands. Section 6 of CA No. 141 empowers the President to classify lands of the
attributable to such party if the trial court errs on matters within its sole power. It is unfair to punish
public domain into alienable and disposable• lands of the public domain, which prior to such
an applicant for an act or omission over which the applicant has neither responsibility nor control,
classification are inalienable and outside the commerce of man. Section 7 of CA No. 141 authorizes
especially if the applicant has complied with all the requirements of the law.
the President to declare what lands are open to disposition or concession.• Section 8 of CA No. 141

28

Director v. as amended by republic Act No. prove the following: completed. it is a defense or and. When. Republic v. Director of Lands v. continuous. It must be shown too. Possession is objection which should have been set up either in a Motion to Dismiss or in an Answer. as amended provides that persons may file in the proper Court of First domain.interest have been in open. Buyco. Section 47 of Commonwealth Act No. As such. under this chapter at any time prior to the period fixed by the President. continuous. he is deemed to have waived the same. The rule is that where the defendants never pleaded the statute of limitations that are deemed to Taken together with the words open. 1945 or earlier. that The "next following section" referred to is section 48 of Commonwealth Act No. The persons specified in the next following section are hereby granted time not to extend 12. as amended by possession and occupation had started on June 12. serves to highlight the fact that for an applicant to qualify. continuous. 141. and that evidence of possession from that date or earlier is essential for a grant beyond December thirty-one. and Registration Act.NB: Land registration. when periods are merely directory. the law adds petitioner had never pleaded the statute of limitations. 1945 or earlier. 96 SCRA 161 (1980) courts. Daño. the clear intention of the law is not to make one synonymous with the other. the word occupation have waived it and it is error for the lower court to dismiss the proceeding on that ground. applicants not bound by mistakes of xvi. there shall be conclusively presumed to have performed all the conditions essential to a notorious possession and occupation of alienable and disposable lands of the public domain under a government grant and shall be entitled to a certificate of title under the provisions of this Chapter. but this section shall not be construed as prohibiting an of said persons from acting 1945 for the same to be acquired through judicial confirmation of imperfect title. is not jurisdictional but is more of a time limitation.22 Actual possession of a land consists in the manifestation of acts of dominion over it of such xvii. exclusive and majeure. under the Land domain. 47. 48. 141. The following described citizens of the Philippines. Alconaba. That the several periods of time designated by the President in accordance with section forty-five of this Act shall apply also to the lands comprised in the provisions The law requires that the possession of lands of the public domain must be from at least June 12. 1945. the word occupation. occupying lands of the public domain or claiming to own any such land or an interest therein. No. 2061. his possession must not be a mere fiction. 427 SCRA 611 (2004) Sec. 216 SCRA 78 (1992) a nature as a party would naturally exercise over his own property. as amended.A. to wit: (b) that they have been in open. 1942. exclusive. 513 SCRA 294 (2007) 13. 29 . which reads as follows: xv. Since these words are separated by the conjunction 141).1958. Inasmuch as broader than occupation because it includes constructive possession. therefore. San Lorenzo. or earlier. provides: The reckoning date under the Public Land Act for the acquisition of ownership of public lands is June SEC. But those titles have not been perfected or Applicants for confirmation of imperfect title must. bona fide claim of ownership since June 12. it seeks to delimit the all-encompassing effect of constructive possession. Republic Act No. 141. and notorious possession and xxxxxx xxx occupation of the same under a bona fide claim of ownership either since time immemorial (b)Those who by themselves or through their predecessors-in. nineteen hundred and sixty-eight within which to take advantage of of an application for judicial confirmation of imperfect title. The Court agrees with respondent Court that the period fixed by Section 47 of the Public Land Act CA The law speaks of possession and occupation. the benefit of this chapter: Provided. of this chapter. approved on June xiv. or since 12 June 1945. for at least thirty (30) years immediately Instance [now Regional Trial Court] an application for registration of title to land those who by preceding the filing of the application for confirmation of title except when prevented by was or force themselves or through their predecessors-in-interest have been in open. continuous. exclusive and notorious. under a bona fide claim of acquisitionof ownership. may apply to the Court of First Instance of the province where the land is located for (a) that the land forms part of the disposable and alienable agricultural lands of the public confirmation of their claims and the issuance of a certificate of title therefor. exclusive and notorious possession and occupation of agricultural lands of the public Section 48(b) of C. A mere showing of possession for thirty years or more is not sufficient. Republic v.

notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership and for the period prescribed under Section 48(b) of the Public Individual members of cultural communities. The option granted under this Section shall be exercised within twenty (20) years from the approval Considering that the private respondents became American citizens before such filing. it goes without of this Act. residential. The Congress may provide for the applicability of customary law governing property rights xix. as amended. subject to the provisions of this Constitution and national development policies Thus. open and Land Registration Act 496. including those with a slope of eighteen percent (18%) or more. Such possession was never present in the case of the private respondents. may be cancelled. Section 2. self- development and self-reliance. issued as they cover lands still a part of the public domain. shall be cancelled. the lower court counted the period of possession of private respondents before the same were released as forest lands for disposition. Article II is well-settled that a certificate of title is void. are hereby classified as alienable and disposable Also. which release is tantamount to qualifying the latter to ii. as amended. RA 8371 or relations in determining the ownership and extent of ancestral domain. out of mind. he should not rely on the weakness of the evidence of the oppositors. actually used for agricultural. with respect to individually-owned ancestral lands Land Act. have been in continuous possession possession by himself and his predecessors-in-interest must prove his claim by clear and convincing and occupation of the same in the concept of owner since the immemorial or for a period of not less evidence. consisting of an imperfect title over to property before they lost their Philippine citizenship. their titles to said lands derived from the titles of private respondents which were not validly lands to ensure their economic. by themselves or through their predecessors-in -interest. He may also show that he has been in continuous. or the Land Registration Act 496. dispute. 148 SCRA 480 (1987) 1) Indigenous Peoples Rights Act: A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the a. shall protect the rights of indigenous cultural communities to their ancestral value. and their integration into the mainstream of society. even assuming that the transferees are innocent purchasers for and programs. Article XIII The State shall establish a special agency for disabled persons for their rehabilitation. 30 . Republic v. CA. said individually-owned ancestral lands.disposable lots even in the hands of an The State recognizes and promotes the rights of indigenous cultural communities within the alleged innocent purchaser for value. beyond human memory. Registration Under The Indigenous Peoples Rights Act iii. it i. Option to Secure Certificate of Title under Commonwealth Act 141.As to the matter to be proved. SECTION 12. saying that they had acquired no vested right. a person who seeks the registration of title to a piece of land on the basis of who. which are agricultural in character and elders. or time provisions of Commonwealth Act 141. pasture. immemorial simply means beyond the reach of memory. NOTES REGISTRATION UNDER IPRA: xviii. Moreover. Constitutional Provisions 1987 Constitution: power and jurisdiction of the cadastral court to register under the Torrens System. and cultural well-being. When referring to possession. the Court has repeatedly held that the declaration of ownership for purposes of assessment on agricultural lands. Note that in granting titles to the land in framework of national unity and development. specifically "immemorial possession. Article XII a grant on said lands while they were still non-disposable. social." it means possession of which no man living has seen the beginning and the existence of which he has learned from his For this purpose. Any title issued on non. than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the As defined. when it covers property of public domain classified as forest or timber and mineral lands. or the derived from the old Spanish grants. and tree farming purposes. Section 6. under the foregoing rulings. the applicant must present evidence of an imperfect title such as those Section 12. Section 5. Simply put. the payment of the tax is not sufficient to prove ownership. The State.

Secretary. (Cruz v. or as a consequence of government projects and other dismissed. Ancestral lands/domains include such concepts of territories which cover not only the ownership. In his separate opinion. force majeure or displacement by force. Native Title – It refers to pre-conquest rights to lands and domains which. 347 SCRA voluntary dealings entered into by government and private individuals/corporations. Article XIV interrupted by war. The IPRA been public lands and are thus indisputably presumed to have been held that way since categorically declares ancestral lands and domains held by native title as never to have been before the Spanish Conquest. after redeliberation. under claims of individual or traditional group the case was redeliberated upon. formulation of national plans and policies. a. and the questioned law was deemed upheld as valid. hunting grounds. public land. deceit. to have never been public lands and are private. b. The IPRA recognizes the existence of the indigenous cultural communities or indigenous and who have. It grants the ICCs/IPs a distinct kind of ownership over ancestral domains and ancestral lands. c. rice terraces or paddies. Time Immemorial – It refers to a period of time when as far back as memory can go. Indigenous Cultural Communities/Indigenous Peoples – It refers to a group of people or homogenous societies identified by self-ascription and ascription by others. under claims of ownership since time immemorial. forests. However. and natural resources therein. Secretary. and utilized 2) Definition of Terms: a defined territory devolved to them. As the votes were equally divided (7 to 7) and the necessary majority was not obtained. inroads of colonization. and other lands individually owned whether alienable and disposable or otherwise. the petition was displacement by force. physical environment but the total environment including the spiritual and cultural bonds to communally or individually since time immemorial. inland waters. traditions. and defines the distinctive cultural traits. memory reaches. and protect the rights of indigenous cultural communities to government and private individuals/corporations. deceit. customs. residential. possessed and peoples (ICCs/IPs) as a distinct sector in Philippine society. and which are necessary to ensure their preserve and develop their cultures. by themselves or through their ancestors. continuously. stealth. The ownership given is the indigenous concept of ownership under customary law which traces its origin to native title. indisputably presumed e. social and cultural extent of these lands and domains. therefore. 128) including. Accordingly. continuously to the present except when 31 .iv. Constitutionality of IPRA families and clans who are members of the ICCs/IPs since time immemorial. coastal areas. private forests. who have 3) Indigenous Concept of Ownership: continuously lived as organized community on communally bounded and defined territory. Ancestral Domains – It refers to all areas generally belonging to ICCs/IPs comprising lands. possessed and utilized by individuals. promote all the rights of the indigenous cultural communities in the country. It shall consider these rights in the economic. or who have. stealth or as a consequence of government projects or any other voluntary dealings entered into by The State shall recognize. b. d. sharing common bonds of language. non-indigenous religions and cultures. occupied.(Cruz v. bodies of water. Domains and lands held under native title are. v. burial grounds. Ancestral Lands – It refers to land occupied. a. residential lots. pasture. in accordance with their customs and traditions. worship areas. It grants these people the utilized such territories. to the present except when interrupted by war. It shall include ancestral lands. by operation of customary law or inherited from their ancestors. The foregoing provisions are the cornerstone of the IPRA which was enacted to recognize and mineral and other natural resources. force majeure or same. have been held under a claim of private ownership by ICCs/IPs. b. but not limited to. traditions and other ownership and possession of their ancestral domains and ancestral lands. by themselves i. held under a claim of c. and institutions. social and cultural welfare. or through their predecessors-in-interest. the voting remained the ownership. agricultural. Section 17. pursuant to Rule 56. possessed in the concept of owner. 347 SCRA 128) certain ICCs/IPs are known to have occupied. Justice Puno said that the IPRA is a novel piece of legislation. have never The concept of individual land ownership under the civil law is alien to them. through resistance to political. Section 7 of the Rules of Court. became historically differentiated from the majority of Filipinos. swidden farms and tree lots. ii. occupied or possessed by ICCs/IPs. as far back as He noted that land titles do not exist in the indigenous peoples’ economic and social system. respect.

The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR c. exploitation of any natural resources within ancestral domains. This concept maintains the view that ancestral domains are the ICCs/IPs private but ICCs/IPs under the same contract. A non-member of the ICCs/IPs may be allowed to take part in the development domain but are private lands belonging to indigenous cultural communities or indigenous and utilization of the natural resources for a period not exceeding 25 years peoples (ICCs/IPs) who have actually occupied. occupy and use and to which they have claims of i. Justice Kapunan. will be essential to not necessarily mean that natural resources found therein belong to the ICCs/IPs as private the determination of these traditional territories. a. Ancestral domains remain as such even when possession or occupation of the area person. The domain cannot be transferred. Under RA No. By virtue of the communal character of ownership. or that the community. d. Procedures: found therein does not ipso facto convert the character of such natural resources as private property of the indigenous people. or through a Petition for Delineation filed with the NCIP.The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned. the property held in common is meant to benefit the whole indigenous community and not merely the individual member. in Cruz v. iv. pursuant to its own decision making process. however. has been interrupted by causes provided under the law such as voluntary dealings entered into by the government and private individuals/corporation. opines that the mere fact that Section 3(a) defines ancestral domains to include the natural resources b. It is private simply because it is not part of the public domain. it does territories and agreements/pacts made with neighboring ICCs/IPs. the NCCIP (National Commission on Indigenous Peoples) may exercise visitorial powers and take appropriate action to safeguard the rights of the b. delineated under any other community/ancestral domain program prior to the enactment of his law. 32 . Ancestral Domains Delineated Prior to this Act . ICCs/IPs do not lose possession over area covered by a TLA (Timber License Agreement): c. self-delineation is the guiding principle in the identification and delineation of ancestral domains. Secretary of Environment and Natural Resources. Ancestral lands and ancestral domains are not deemed part of the lands of the public ii. extraction. possessed and utilized their territories under renewable for not more than 25 years. 2. by a majority of the members of the ICCs/IPs. While ancestral domains and ancestral lands are considered private in character. series of 1993. community property. It is important. The ancestral domain is owned in common by the ICCs/IPs and not by one particular i. 8371. Meanwhile. d. steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. The government shall take the necessary property. Justice Puno states that the ICCs/IPs rights over the natural resources the form of Administrative Order No. 6) Delineation and recognition of ancestral domains: 5) Ownership over the natural resources belong to the State: a. that a formal written agreement is entered into with the 4) The IPRA connotes group or communal ownership: ICCs/IPs concerned. sold or conveyed to other persons by any one person and belongs to the ICCs/IPs as a community. nor to ancestral lands and domains management or stewardship. e . The sworn statement of the elders as to the scope of the a. b. if any. ICCs/IPs have priority rights in the harvesting. development or ownership. Petition for Delineation . i. But its private character ends there. the areas which the ICCs/IPs possess. claim of ownership since time immemorial. has agreed to allow such operation. d. iii. ICCs/IPs have priority rights in the exploitation of natural resources within ancestral domains: ii.

ridges. 33 . ix. and any other government agency claiming hunting grounds. the Commissioner of NDC. terraces and the like.ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned. Chairperson of the NCIP shall certify that the area covered is an ancestral domain. without prejudice to its full adjudication according to the selection below. sacred places and old villages. the certificates of ancestral lands titles before the Register of Deeds in the place where the property is Ancestral Domains Office of the NCIP shall prepare a perimeter map. furthermore. That in case of rejection. containing 10) Write-ups of names and places derived from the native dialect of the a list of all those identified in the census. Registration of CADTs . shall be immediately of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. The denial shall boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs. That mere posting shall be deemed sufficient if attesting to the possession or occupation of the area since time immemorial by such both newspaper and radio station are not available. Endorsement to NCIP . be appealable to the NCIP: Provided. Issuance of CADT . jurisdiction over the area shall be notified thereof. broadcasting in a radio elders or community under oath. iii. and a description of the natural features and landmarks embraced therein. including pacts and agreements concerning applicant due notice. further. and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of iv. That 2) Written accounts of the ICCs/IPs political structure and institution. c. and x. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies . ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents: viii. hills. rivers. Proof required . burial grounds. The NCIP is the agency authorized to issue a certification precondition in favor of any entity which vi.On the basis of such investigation and the findings of fact based thereon. Delineation Paper . Such notification shall terminate any legal basis for the jurisdiction previously claimed. xi. including a translation in the native language including census of all community members therein. the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming 5) Survey plans and sketch maps. and DOJ. the Ancestral Domains Office shall give the 4) Historical accounts. up with a preliminary resolution of the conflict. That in areas where no such newspaper exists.The official delineation of ancestral domain boundaries vii. Preparation of Maps . complete with technical situated. ICCs/IPs concerned. provincial and regional offices of the NCIP. proposed projects will affect the ancestral domains. 6) Anthropological data. if the proof is deemed insufficient. containing the grounds for denial. Report of Investigation and Other Documents . verification: Provided. undertaken by the Ancestral Domains Office upon filing of the application by the A copy of the document shall also be posted at the local. the Ancestral 3) Pictures showing long term occupation such as those of old Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and improvements. copy furnished all concerned. The secretaries of 8) Pictures and descriptive histories of traditional communal forests and the DAR. and of the inspection process. shall be prepared by the Ancestral Domains Office of the NCIP. Notice and Publication . and community. However. descriptions. claim that is deemed to have sufficient proof. That in cases where there are conflicting claims.Within fifteen (15) days from publication. DENR.Proof of Ancestral Domain Claims shall include the testimony of such publication: Provided. DILG.A complete copy of the preliminary census and a desires to undertake operations within the ancestral domains of the indigenous peoples or whose report of investigation. further.A copy of each document. and other documents directly or indirectly station will be a valid substitute: Provided.The 7) Genealogical surveys. creeks.The NCIP shall register issued certificates of ancestral domain titles and v. 9) Pictures and descriptive histories of traditional landmarks such as mountains. the Ancestral Domains Office shall require thesubmission of additional evidence: Provided. the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a 1) Written accounts of the ICCs/IPs customs and traditions.

On the other hand. Ancestral Domains office shallgive the applicant due notice. It is to be noted that no part of the ancestral domains may be the subject of alienation or e. In case of rejection. proceedings. Upon receipt of the applications for delineation and recognition of ancestral land claims. Fifteen (15) days after such publication. The allocation of lands within any ancestral domain to individual or indigenous corporate a preliminary resolution of the conflict. In the event any part of the ancestral land is the subject of a subsequent “dealing. newspapers and radio station are not available 9) Modes of Acquisition: f. mortgage. The Ancestral Domains office shall reject any claim that is deemed 34 . ancestral lands may be the subject of registration under the Public Land document submitted including a translation in the native language of the ICCs/IPs concerned Act or Property Registration Decree. shall cause a parcellary survey of the a. and regional offices of the NCIP and shall be published in a f. 2 Modes of Acquisition: area being claimed. on the veracity of the contents of the application/claim. The NCIP. The denial shall be appealable to the NCIP. which shall. delineation and certification of ancestral lands: conflicting claims among individual or indigenous corporate claimants. The law does not grant the executive department the power to delineate and recognize an patently false or fraudulent after inspection and verification. through the ADO. broadcasting in a radio station will annotate the encumbrance created by the instrument on said title or to issue a new title to be a valid substitute: Provided.― newspaper of general circulation once a week for two (2) consecutive weeks to allow other like sale. Individual and indigenous corporate claimants of ancestral lands which are not within application surveyed and delineated to the NCIP. An individual or recognized head of a family or clan may file such application in his behalf or in 8) Registration of CADTs and CALTs: behalf of his family or clan. disposition because these are communally owned although private in nature. That mere posting shall be deemed sufficient if both the person to whom the land has been conveyed. copy furnished all concerned. in a prominent place therein for at least fifteen (15) days. Sworn Statements and the like. the Ancestral Domains Office shall investigate and inspect each application. which in its opinion. Proofs of such claims shall accompany the application form which shall include the of the place where the properties are located. provincial. identification and delineation of their claims with the Ancestral Domains Office. or lease. The Ancestral Domains Office may require from each ancestral claimant the submission c. That in areas where no such newspaper exists. the Ancestral domains Office shall cause the contending parties to meet and assist them in coming up with a. The purpose of registration is simply to apprise the public of the fact of recognition by the of such other documents. the Ancestral Domains Office shall cause the publication of the application and a copy of each e. shall register all CADTs and CALTs with the Register of Deeds c. the instrument embodying the transaction. together with the claimants to file opposition thereto within fifteen (15) days from the date of such publication: owner’s duplicate certificate shall be presented to the Register of Deeds for him to Provided. The Ancestral Domains Office shall prepare and submit a report on each and every b. and with customs and traditions. and if found to be meritorious. the ancestral domain claim by mere agreement or compromise. In case of 7) Identification.d. 52 (d) of this act. The recordings of the CADT and CALT does not result in the issuance of a individual or corporate claimants in the concept of owners which shall be any of the authentic documents enumerated under Sec. without prejudice to its full adjudication according (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance to Sec. may shed light NCIP of specific claims to portions of ancestral domains or ancestral lands. A copy of the document shall also be posted at the local. testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the b. g. d. a. further. like a Torrens title issued through regular registration payment of taxes. in turn. containing the grounds for denial. respectively. 62 of this Act. evaluate or corporate ancestral domains may have their claims officially established byfiling applications for the (family or clan) claimant over ancestral lands. including tax declarations and proofs of Torrens certificate of title. d.

hence. as amended) or changed. private and was never public. and possession of public agricultural land since June 12. By operation of law (IPRA). These lands may be transferred subject to the following i. even if it has a slope of 18% or over. 1945 as well as the classification of the land as A and D land at least at the time the application for registration is filed. once issued. validity and indefeasibility as any title issued through regular registration 1. 141. no ancestral land shall be opened for mining operations: as A and D land. 3. A duly issued Torrens certificate of title covering ancestral lands has the same efficacy. i. The IPRA converts ancestral land as public agricultural land for registration purposes: i. ii. as proceedings. What v. modified. d. (Sec. 1. There is no need to secure a separate certification that the ancestral land is A and limitations: D in character. statement of the exact status of the fee simple title which an owner possesses. disposable (A and D) land. The title shall not be subject to collateral attach nor can it be impugned. This is in keeping with the option given to ICCs/IPs to secure a Torrens title over the ancestral lands. By Native Title over both ancestral lands and domains: i. By Torrens Title under the Public Land Act (CA No. The certificate. Unlike regular registration proceedings where the applicant must prove 2. and property rights thereto to members of the same group. Effect of Registration: of the indigenous cultural community concerned. Only to the members of the same ICCs/IPs. The right of ownership and possession of the ICCs/IPs to their ancestral lands shall be recognized and protected. is the evidence of the title which the owner has. the land is already classified as alienable and domains. i. 7942. Subject to the right of redemption of the ICCs/IPs for a period of fifteen the registration of ancestral lands is different in the sense that: (15) years if the land was transferred to a non. have been held under a claim of ownership by indigenous cultural communities. it being sufficient to show that the land is duly identified. but not to 3. delineated and certified as such. It is generally conclusive evidence of ownership. far back as memory reaches. He must have been in possession of an individually-owned ancestral land ownership over the ancestral domains allows the transfer of ancestral land or for not less than thirty (30) years. Native title presumes that the land is ii. disposed or destroyed.member of the ICCs/IPs. A Torrens certificate of title accumulates in one document a precise and correct iv. 16 of RA No. Philippine Mining Act of 1995) 35 . 1529) with respect to ancestral lands only: by law. Transfer of Land or Property Rights: b. Generally. The applicant is a member of an indigenous cultural group. It is moreover subject to the rule on imprescriptibility. Unlike the ICCs/IPs private but communal ownership over ancestral domains which belong to all generations and therefore cannot be sold. In accord with customary laws and traditions. No ancestral land shall be opened for mining operations without the prior consent c. enlarged or diminished except in a direct proceeding permitted the Property Registration Decree (PD No. 2.Native title refers to pre-conquest rights to lands and domains which. 1. appears on the title is controlling on questions of ownership since the certificate of title is an absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein. there is no need to submit a separate certification that the land has been classified e. altered. ii. The land shall not be subject to any burden except those noted on the certificate. 1. iii. ii.

Issuance of certification as a precondition to the grant of permit: development of the ICCs/IPs and to monitor the implementation thereof.It is the primary agency charged with the formulation and implementation of policies. 2. whether on public or private lands. Authority of PEZA to issue building permits: 4.The NCIP has been granted administrative. and issued to. programs and projects for the economic. PEZA may require owners of structures built without said permit to remove such iii. the royalty payment. 1. 1. lease. any person or community as i. management of portions of the ancestral domain with the consensus approval of the ICCs/IPs concerned. order. Issuance of CADT/CALT: structures. plans. Resolution of conflicts: 36 .(Sec. 7076. shall be agreed upon by the parties. Appeals within fifteen (15) days from receipt of a copy thereof. In the event of an agreement for mining operations.It is mandated to promulgate the necessary rules and regulations for the grant of permit. The NCIP has the authority to decide all appeals from the decisions and acts of all the various offices within the Commission. the members of the cultural has not been resolved. The NCIP has exclusive and original jurisdiction over petitions for the cancellation of a. issuance of rules and regulations: provided for under Section 54 of RA No. 17 of RA No. ii. it is the Philippine Economic Zone Authority (PEZA) which has or on any matter pertaining to the application. proof of ownership.The NCIP has the authority to issue certificates of ancestral domain title (CADT) or certificates of iii. Formulation of policies. utilization and implementation of the Act. enforcement and authority to issue building permits for the construction of structures within the areas owned interpretation of the Act may be brought by a petition for review to the Court of or administered by it. Specific powers and functions: Certificate of Ancestral Domain Titles/Certificate of Ancestral Land Titles (CADTs/CALTs) alleged to have been fraudulently acquired by. f. Philippine Mining Act of 1995) 2. 8371. It should be noted however that jurisdiction over actions or incidents affecting a certificate of title issued through registration proceedings is vested in the courts of justice. a trust fund for the socio-economic well. A certificate of ancestral land claim (CALC) is merely “a registered claim and not a ancestral land title (CALT). If ancestral lands are Elders/Leaders who participated in the attempt to settle the dispute that the same declared as people’s small-scale mining areas. ii. Any decision. upon 1.The NCIP is vested with jurisdiction over all claims and disputes involving the utilization of the minerals. No ancestral land may be declared as a people’s small-scale mining area without their customary laws and have obtained a certification from the Council of the prior consent of the cultural communities concerned. 7942. ii. People’s Small-Scale Mining Act of 1991) 3. implementation.being of the indigenous cultural community. and shall form part of rights of ICCs/IPs. (Section 7 of RA No. Cancellation of ancestral domain and ancestral land titles: 10) National Commission on Indigenous Peoples (NCIP): 1. quasi-legislativeand quasi- judicial powers to carry out its mandate. By specific provision of law. 1. 2. communities therein shall be given priority in the awarding of small-scale mining contracts. award or ruling of the NCIP on any ancestral domain dispute i. grant.― iv. or any other similar authority for the disposition.The only condition precedent to the NCIP’s assumption of jurisdiction over such disputes is that the parties thereto shall have exhausted all remedies provided under iii. social and cultural v.The NCIP has the authority to issue the appropriate certification as a pre-condition to the 3. provided that such action is filed within one (1) year from the date of registration.

iii. c. b. claims of ownership d. and settlement of land disputes between and among ICCs/IPs that have not been following: settled under customary laws 1. therefor. ADO shall also be responsible for the management of ancestral lands/domains in accordance with a master plan as well as the implementation of the ancestral domain rights 3. agreements. but the sale is registered under Act No. 1529 (Property Registration Decree) and the other for unregistered lands under Act No. There can be no constructive notice through registration under Act No.ADO shall likewise perform such other functions as the NCIP may deem appropriate and i. The ADO shall be responsible for the identification. summon the parties to a controversy. 3344. One of the offices under the NCIP. 1. Power to cite for contempt. delineation and recognition of records. 3344 if the property is registered under the Torrens system. To enjoin any or all acts involving or arising from any case pending before it which. To administer oaths. Actions for the enforcement of decisions of ICCs/IPs involving violations of a. To promulgate rules and regulations governing the hearing and disposition of cases filed 2. 4. Actions for redemption/reconveyance under Section 8(b) of RA No. assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains. certification prior to the grant of any license. sacred places. 1529 which provides that no deed. The recording of instruments relating to unregistered lands is governed by Section 113 of c. Violations of the requirement of free and prior and informed consent of ICCs/IPs. Among the other powers of the NCIP are the d. ADDITIONAL NOTES SEC. 5. if not concerned. conveyance.vi. Regional Hearing Offices: v. 1) System of Registration: 3. issue restraining order. 14 of the PRD: 2. hereditary succession PD No. There are two systems of registration: one for registered lands under PD No. papers. and impose appropriate penalties of the ICCs/IPs as provided in Chapter III of the IPRA. before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Act. Actions for damages arising out of any violation of Republic Act No. the sale is not considered registered. 3344 and not under the Property Registration Decree. issue subpoenas requiring the i. Original and Exclusive Jurisdiction: necessary. ii. To hold any person in contempt. 8371. upon the free and prior informed consent of the ICCs/IPs 4. contracts. nor can the registration be effective for 1. ADO shall also issue. lease or permit for the exploitation restrained forthwith. Original Jurisdiction: c. b. lease or other voluntary instrument affecting land not registered under the Torrens system shall be valid. determination of the matter under investigation or hearing conducted in pursuance of this Act. property rights b. a. Ancestral Domains Office: 2. ii. If a parcel of land covered by a Torrens title is sold. except as 37 . 8371. Cases affecting purposes of Article 1544 of the Civil Code on double sale. attendance and testimony of witnesses or the production of such books. may cause grave or irreparable damage to any of the parties to the case of natural resources affecting the interests of ICCs/IPs or their ancestral domains and to or seriously affect social or economic activity. directly or indirectly. and other document of similar nature as may be material to a just ancestral lands/domains. customary laws or desecration of ceremonial sites. mortgage. And cases analogous to the foregoing. and iv. All disputes and controversies involving ancestral lands /domains. or rituals.

2259) c. subsequent repeal of a municipal ordinance. and supersedes all other laws relative to registration of property•. 8371) 2) Laws governing land registration: i. iii. It aims to serve public interests by requiring that the title to any lands be titled and adjudicated•. and individual members of cultural communities. however. The Public Land Act governs the judicial confirmation of imperfect or incomplete titles on the basis of possession and occupation o alienable portions of the public domain in the iv. B. The Property Registration Decree is a codification of all laws relative to registration of property. d. Approved on October 29. however.The relevant provisions are Sections 47 to 57. not communally. It may be noted. IPRA recognizes the rights of ownership and possession of indigenous cultural ii. unless such instrument shall have been recorded in the office of v. iii. 1529) Decree. the IPRA expressly converts ancestral lands into public manner and for the length of time required by law. i. property of some particular person or persons as a present interest. i. For purposes of registration. v. ii. It has substantially incorporated the provisions of Act No. Approved on November 7. but which became effective on December 1. i. A State may not impair vested rights by legislative enactment by the enactment or by the ii. not domains. with respect to their individually-ownedancestral lands. Voluntary. 1997. particularly in Sections 35 to 38 of the Decree. 496. Section 15. carried over in the present Property Registration Decree. has become the Act. or the Land Registration b. Indigenous Peoples Rights Act (RA No. a. agricultural lands. Forms and Contents Dealing With Land iv. Form and Contents. 141) ii. 1936. 38 . Enacted on February 11. owned. between the parties thereto. 1936. Compulsory as it is the government itself which initiates the petition. This option is limited to ancestral lands only. iv. or by a change in the constitution of the State. present or prospective. shall be without prejudice to a third party with a better right. Issued on June 11. and such lands must be individually. 1913. a. It is some right or interest in property which has become fixed and established and is no longer open to doubt or controversy. ancestral lands under the provisions of the Public Land Act of the Property Registration b. i. Cadastral Act (Act No. 1978. Public Land Act (CA No. communities or indigenous peoples (ICCs/IPs) to their ancestral domains and ancestral land on the basis of native title. that salient provisions in the Cadastral Act have now been the Register of Deeds. 3) Vested rights cannot be impaired by subsequent law: iii. A right is vested when the right to enjoyment. Chapter VIII of the Act. and defines the extent of these lands and domains. Voluntary. except in a legitimate exercise of the police power. Cadastral Act is an offspring of the system of registration under the Land Registration Act. Property Registration Decree (PD No. c. Voluntary. e. d. Vested rights may not be impaired without violating one’s right to due process. The recording. shall have the option to secure title to their iv. iii.

paraphernal or authorized in his behalf. description of the land and shall state the citizenship and civil status of the applicant.The application for land registration shall be in writing. REPUBLIC OF THE PHILIPPINES 8. _________________________ or in possession.That to the best of my/our knowledge and belief. ___________________________________. of the owners of all or married. brought under the operation of the Property Registration Decree. . as far as known to the undersigned. if the marriage has been legally adjoining properties.That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or road determined. and the buildings and other improvements at P ___________. the name of the wife or husband. other than as follows:__________________________________. The application. if married. together with the ______________________________. __________________________ 3. if not known. whether single 6. and sworn to before any officer authorized to administer oaths for the exclusive property of the applicant/s) province or city where the application was actually signed. there should be stated in this paragraph whether or not the applicant claims any and what land AND DECLARE . _________________________________________. it shall state the extent of the search made to find them.That the applicant/s has/have acquired said land in the following manner: ________________________________.)_______________________. and. The application shall contain a 5. are as follows: addresses of all occupants of the land and those of the adjoining owners.That the following documents are attached hereto and made a part hereof: residing at __________________ The said land. Signed at ___________________ this _____________________ day of ____________________.That the names in full and addresses. . of the persons mentioned in paragraphs 3 and 5. within the limits of the way or road and whether the applicant desires to have the line of the way or 1. . consisting of __________________ parcel/s is/are situated. and. State also whether the property is conjugal. when and how the marriage relation terminated.That (Note: If the land included in the application is bounded by a public or private way or road. there is no mortgage or encumbrance of any kind Applicant whatsoever affecting said land. citizenship. bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof. building and improvements thereon.That the applicant's/s' full name. state when and how the marriage relation terminated. be substantially as follows: 7. REPUBLIC OF THE PHILIPPINES 39 . and. nor any other person having any interest therein.That said land is occupied by the following person: _________________. (Post Office Address) 4.That the applicant/s is/are single or married to____________________ (Note: if marriage has been legally dissolved. and of the persons shown on dissolved. with the exception of the following:_____________________ which is/are the property of __________________ 10. Philippine currency. legal or equitable. shall. signed by the application or the person duly (Note: Refer to Sec. age. the application shall be signed and sworn to by and in behalf of each.) conveyance and/or possession in accordance with Section 14 of said Decree). with the following exception:_________________________. Philippine currency. and postal address/es is/are as REGIONAL TRIAL COURT of _________________ follows: The undersigned. in form. 14 of said Decree. If there is more than one applicant. . if known. 2.____________________hereby applies (or apply) to have the land hereinafter described _______________________________. It shall also state the full names and the plan as claimants.That said land at the last assessment for taxation was assessed at P ____. residence. and to have the title thereto registered and confirmed: 9. in the year twenty hundred and ______________________.

information and belief. The manner by which the applicant has acquired the land (refer to Section14. Survey of land by the Lands Management Bureau or a duly licensed private surveyor. Hearing of the case by the court. l. Section 16. and technical description.are instruments or written evidence which applicant holds or board of the municipal building or city where the land is situated. i. 2)Form and contents of the application for registration: The Residence Certificate/s __________ of the applicant/s __________ was/were exhibited to me being No. Publication of the notice of the filing of the application and date and place of the hearing in the Official Gazette and in a newspaper of general circulation. or in possession. e. 40 . upon known to me to be the person/s who executed the foregoing application and made oath that the payment of the prescribed fees. Citizenship and civil status of the applicant. if married. Names of all occupants of the land. Subject to the conditions provided for thereof. 20___. Non-resident applicant. if known. If the land is bounded by a public or private way or road. application for land registration shall provide information on the following: f. instructing the Land Registration Authority to issue the decree of confirmation and registration. Issuance of an order for the issuance of a decree declaring the decision final and applicant desires to have the line of the way or road determined. Transcription of the decree of registration in the registration book and the issuance of the On this ___ day of _________. it shall state the extent of the search made to find them. whether or not the applicant j. if the marriage has been legally dissolved. if any. surveyor’s certificate. Full description of the land as evidenced by a survey plan duly approved by the Director _______ of Lands.20 ___ personally appeared before me the above. g. and. Entry of the decree of registration in the Land Registration Authority. Promulgation of judgment by the court. h. Full names and addresses of all occupants of the land and those of the adjoining owners. Original muniments of title and other related documents supporting applicants claim of f. 1) Requisite steps in bringing land under the Torrens System. or any other person having any interest therein. Whether or not there are mortgages or encumbrances of any kind whatsoever affecting NOTES SECTION 15 of PRD: the land. d. the name of the wife or husband. PTR NO. claims any and what portion of the land within the limits of the way or road. and n. documents or other evidences attached thereto by the Clerk of Court to the Land Registration Authority. PD No. legal or equitable. or other Officer authorized to administer oaths) c. Setting of the date for the initial hearing of the application by the court. Transmittal of the application and the date of initial hearing together with all the applicant.named ____________________ owner’s duplicate original certificate of title to the applicant by the Register of Deeds. Posting by the sheriff of the notice in a conspicuous place on the land and in the bulletin i. issued at _________ dated _______. Sending of copy of the decree of registration to the corresponding Register of Deeds. and whether the k. statements therein are true of his/their knowledge. b. in Section 15 of the PRD. (Notary Public. and. Muniments of Title. Filing of application for registration by the applicant. when and how ________________________ the marriage relation terminated. Whether or not the property is conjugal. 1529). a. if not known. e. Service by mailing of notice upon contiguous owners. g.PROVINCE (OR CITY) OF _______________ m. b. a. i. _________________ d. whether single or married. occupants and those known to have ownership. and interests in the property. h. Filing of answer to the application by any person whether named in the notice or not. possesses to enable him to substantiate and prove title to his estate. Assessed value of the land and the buildings and improvements thereon. paraphernal or exclusive property of the c. and. j.

a reduction of the amended by striking out one or more of the parcels or by a severance of the application. Otherwise. a. 2) Substantial amendment of boundaries or area requires publication and notice: Section 17. Amendments. the applicant sold the a foreign country cannot be admitted in evidence unless it is duly certified in accordance property to another under pacto de retro. together with the claimant’s muniments of title to prove ownership. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. through failure of opportune notice. i. of Lands.e. The clerk of court shall not accept any application unless it is shown that the applicant has furnished i. the applicant shall forthwith make another appointment for the substitute. c. Rule 132 of the Rules of Court. Where during the pendency of an application for registration.If the applicant is not a resident of the Philippines.• characterizes the procedure. If the agent or representative dies. but on the contrary. and additional territory cannot be included by amendment of the plan 2)No plan or survey may be admitted in land registration proceedings until approved by the Director without new publication. The applicant shall file together with the application all original without the publication of new notifications and advertisements making known to everyone muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands. It is not permissible to make amendments or alterations in the description of the land after The application for land registration shall be filed with the Court of First Instance of the province or its publication in the newspapers and after the registration of the property has been decreed. consul. effect as if made upon the applicant within the Philippines. the latter as the new and lawful owner legation. 1)The application for registration must be accompanied by a survey plan of the land duly approved by the Director of Lands. b. but owing to the lapse of the redemption with Section 24. original area that was published. authenticated by the seal of his office. city where the land is situated. or Amendments which shall consist in a substantial change in the boundaries or an increase in area of leaves the Philippines. the land applied for or which involve the inclusion of an additional land shall be subject to the same and. 41 . by the secretary of embassy or period. and third parties who have not had an opportunity to NOTES SECTION 17 of PRD: present their claims. or discontinuance as to parties may or growing out of the application made upon his agent or representative shall be of the same legal be allowed by the court at any stage of the proceedings upon just and reasonable terms. If new survey plans do not conform to the plans earlier presented and affect the rights of Section 18. Application covering two or more parcels. third persons. vice consul or consular agent or by any officer in the foreign is entitled to be subrogated in place of the applicant and may continue the proceedings in the service of the Philippines stationed in the foreign country in which the record is kept. the said alterations and amendments. if he fails to do so the court may dismiss the application. consul general. If the amendment does not involve an addition. the law would be infringed with respect to the publicity which the Director of Lands with a copy of the application and all annexes. The court may at any time order an application to be d. ownership became consolidated in the vendee. no new publication is required. due form appointing an agent or representative residing in the Philippines. notice shall be given them and an opportunity to present whatever opposition they may have to the registration of the land included in the new plans. A special power of attorney executed before a notary public or other competent official in a. substitution. requirements of publication and notice as in an original application. and shall therein agree that the service of any legal process in the proceedings under Amendments to the application including joinder.. What and where to file.• NOTES SECTION 16 of PRD: NOTES SECTIONS 18 & 19 of PRD: 1) Non-resident applicant may be represented by an attorney-in-fact: 1) A single application may be filed for two or more parcels: a. giving his full name and postal address. he shall file with his application an instrument in Section 19. and case and finally obtain title as owner. Publication is one of the essential bases of the jurisdiction of the court in land registration and cadastral cases. might be seriously affected in their rights.

Dealings with land pending original registration. ocular inspection. by motion or other appropriate pleading. In case of transfer of a portion of the land. Section 22 should be differentiated from Section 19 which refers to amendments to the shall present to the court the pertinent instruments together with a subdivision plan approved by application by joinder. and the approved subdivision plan where a portion of the land is conveyed to another. The applicant or the parties to the transaction ay file the corresponding motion or manifestation. i. court the pertinent instruments evidencing the transaction to be considered in the final adjudication of the case. transactions affecting the property pending registration should be made known to conduct an ocular inspection. it being sufficient that the court. from such entry. in the sense of incontrovertibility. and whether the applicant desires to have the line of the way or road determined. the interested party should submit to the the buyer• or the person to whom the property has been conveyed• for the applicant. c. ii. and the one-year period has not elapsed Section 21. ii. if necessary. indicating the relief desired. e. or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments. Section 22. Hence. 2) Dealings or transactions entered into pending registration do not require amendment of application: After the filing of the application and before the issuance of the decree of registration.• the court for appropriate consideration. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. b. As long as the final decree has not been entered. the court shall: together with a motion that the same be considered in relation with the application. the Director of Lands in case of transfer of portions thereof and the court. He may thus be a total stranger to the land registration proceedings. the title is not deemed finally adjudicated and the decision in the registration proceeding continues to be under the control of the court. instruments.• f. in which case the interested party a. Section 20. It should be noted that the adjudication of land in a land registration or cadastral If the application describes the land as bounded by a public or private way or road. The only requirements of the law are: be presented. after notice to the parties. 42 .That the instrument be presented to the court by the interested party d.• c. 1) Dealings with the land while its registration is pending: d. the land therein described may still be the subject of dealings in whole or in part. until after one year whether or not the applicant claims any and what portion of the land within the limits of the way or from the entry of the final decree prepared by the LRA. Upon notice to the parties. It may also g. or 2. it shall state proceeding does not become final.That prior notice be given to the parties to the case. The law does not require that the application for registration be amended by substituting a. Requirement of additional facts and papers. Neither does it require that the buyer• or the person to whom the property has been conveyed• be a party to the case. the corresponding subdivision plan should also iii. Section 108 involves amendments after entry of the certificate of title. 1. When land applied for borders on road. On the other hand. be presented with the instruments evidencing the NOTES SECTION 22 of PRD: transaction. Order that the decree of registration be issued in the name of the person to whom the property has been conveyed. Section 22 does not require amendment of the application. Whatever may be the nature of the transaction. road. Order the land registered subject to the conveyance or encumbrance created by such instruments. and i. shall order such land registered subject to the conveyance or encumbrance created by said b. substitution or discontinuance of the parties.

496 SCRA 273 (2006) As early as Francisco vs. and (2) that prior notice be given the disputed land. in which case the interested party shall present to the court the pertinent instruments together with the subdivision plan approved by the Director of Lands in case of transfer iii. 424 SCRA 676 (2004) of portions thereof. A motion to lift order of general default and motion under Section 22 may not be filed after No plan or survey may be admitted in land registration proceedings until approved by the Director the finality of the judgment in the registration case." that the "buyer" or the "person to whom the property has been conveyed" be a party to the case. Neither does it require "what search has been made to find them is necessary. Vda. dealings in whole or in part. iv.D.Anonuevo He may thus be a total stranger to the land registration proceedings. 17. 22. v. CA. 22 of P. or order that the decree of Applicants for land registration are required to append a survey plan to their application. is of no value. Respondent's omission of this material information prevented petitioner from to the parties to the case. Caoibes-Pantoja. and the court. The submission of the plan is a statutory requirement of mandatory character. After the filing of the application and before fraud. Muñoz. Such omission cannot but be deliberate misrepresentation constituting SEC. but blueprint copies and other evidence could also provide sufficient identification. 536 SCRA 108 (2007) muniments of titles or copies thereof and a survey plan approved by the Bureau of Lands. 1978). The only requirements of the admitted that she had a conversation with petitioner's cousin elena Dumalaon about the latter's law are: (1) that the instrument be presented to the court by the interested party together with a apprehension that their land may have been included in respondent's application for registration of motion that the same be considered in relation with the application. of Lands. The trial court in its decision more than amply supported its conclusion with jurisprudence to the provides: effect that it is fraud to knowingly omit or conceal a fact upon which benefit is obtained to the prejudice of a third person. Court of Appeals. The Land the issuance of the decree of registration. It bears stressing that the constructive seizure of land accomplished by posting of notices and The submission of the plan approved by the Director of the Bureau of Lands is a statutory processes upon all persons mentioned in notices by means of publication and sending copies to said requirement which is mandatory in nature. 496. Divina v. Unless a plan and its technical description are duly approved by the Director of ii. Republic v. Sec. application "shall also state the full names and addresses of all occupants of the land and those of the adjoining owners if known. and if not known.D. Republic v. said lands cannot be registered under the respondents’ name. The trial court was correct when it took notice that respondent's sister Lydia Gajo. we emphasized that a mere statement The law does not require that the application for registration be amended by substituting the "buyer" of the lack of knowledge of the names of the occupants and adjoining owners is not sufficient but or the "person to whom the property has been conveyed" for the applicant. It behooved the trial court not to take cognizance of any application for land registration in the absence of a survey plan duly approved by the Director of the Bureau of Lands It is true that the best evidence to identify a piece of land for registration purposes is the original appended thereto. the private ownership therefore. tracing cloth plan from the Bureau of Lands. after notice to the parties. The applicant shall file together with the application all original v. Of the PD 1529stating that the instruments. application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. Jr. shall order such land registered subject to the conveyance or encumbrance created by said instruments. The plan approved by the Land Registration Commission persons by registered mail in effect gives the court jurisdiction over the lands sought to be registered. Caoibes. the land therein described may still be the subject of Registration Act. it shall state the extent of the search made to find them. Dealings with land pending original registration. the same are of no value. duly registration be issued in the name of the person to whom the property has been conveyed by said approved by the Bureau of Lands which is mentioned in Sec. 43 . having his day in court. 1529 (Property Registration Decree which became effective on June 11. De Neri. 97 SCRA 22 [1980]. 352 SCRA 527 (2001) Lands. It is a rule that "void ab initio• land titles issued cannot ripen into Section 15 of P. a basis for allowing a petition for review of judgment under Section 38 of Act No. 1529 is explicit in requiring that in the application for registration of land titles. e.

publication. or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the C. in a conspicuous place on each parcel of land included in the application and also in of (1) publication. If the applicant requests to have the line of a public way or road determined. as the case may be.By mailing. the Director of Forest Development. The court may also cause notice to be served to such other persons and in such manner as it may that the publication in the Official Gazette shall be sufficient to confer jurisdiction upon the deem proper.The Court held in Recto v. notice of the initial hearing shall be given in the same manner to the Secretary of Agrarian Reform. Upon receipt of the order of the court setting the time for initial hearing. Publication. of Lands. at_______ o'clock in the _________ then and there to present such claims c) Mailing of notice to the Secretary of Agrarian Reform. Opposition and Default applicant. the Director of and unless you appear at said Court at the time and place aforesaid. The Commissioner of Land To (here insert the names of all persons appearing to have an interest and the adjoining owners so Registration shall also. in form. Notice of initial hearing. the Director of Mines and/or i. be substantially as follows: Said notice shall also require all persons concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted. The notice of initial hearing shall. issue an order setting the date and hour 3. as the case may be. the Director of Fisheries and Aquatic Resources. and to all whom it may concern): Gazette. to the Provincial Governor. the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be (Insert description) mailed to the Secretary of Public Highways. the Commissioner of Land Registration shall cause notice of initial hearing to be published once in the Official Gazette and once in a newspaper of general circulation in the Philippines: Provided. 20 ___. your default will be recorded and 44 . on the____ day of_________. and to the Mayor of You are hereby served this notice to appear before this Court at its session to be held at ____________ the municipality or city. and to submit evidence in support of such claim.By posting. of the initial hearing which shall not be earlier than forty. the Solicitor General. Section 23. in which the land lies. a conspicuous place on the bulletin board of the municipal building of the municipality or city 1. cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known. etc. or on an arm of the sea where a river or harbor line has been identify the land applied for registration. or by his The public shall be given notice of the initial hearing of the application for land registration by means deputy. and "to all whom it may concern". the Director as you may have to said lands or any portion thereof. in which the land or portion thereof is situated. the Director of Public Works. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city. An application (or petition) having been filed in the above-entitled case by (full name and address) praying for the registration and confirmation (or for the settlement and adjudication. By publication. within five days from filing of the application. If the land borders on a river. in case of b) Mailing of notice to the Secretary of Public Highways. established. (2) mailing. court. as may be appropriate. technical description duly certified as to their correctness by the Bureau of Lands are adequate to navigable stream or shore. and (3) posting. within seven days after publication of said notice in the Official far as known. the Solicitor General. as hereinbefore provided. Said notice shall be addressed to all persons appearing to have an interest in the land involved including the adjoining owners so far as known. the Provincial Governor and the petition in cadastral proceedings) of title to the following described lands: Mayor. NOTICE OF INITIAL HEARING a) Mailing of notice to persons named in the application. or on a lake. however. the Director of Lands. The court shall. fourteen days at least before the date of initial hearing. Republic that the blueprint copy of the cloth plan together with the lot’s Mines and the Director of Fisheries and Aquatic Resources.five days nor later than ninety days from the date of the order. (Caption and Title) 2.

Inc.see Adez Realty. (Roxas v.Publication 2. and oppose the is to strengthen the Torrens system through safeguards to prevent application..This is obvious from Section 23 itself which stresses in detail the NOTES SECTION 23 of PRD: requirements of mailing of notices to all persons named in the petition who. CA 1. i. the fact that publication was not made in a newspaper of general circulation is material and relevant in Witness. without personal service upon the claimants. Inc. the law requires the issuance of a court order setting the v. publication in a newspaper of general circulation original application.A proceeding in rem. ________________ Judge of the Regional Trial Court of _______ this ____ day of_____________. and Vi . iii. 1)Notice of Initial Hearing per Section 15. After an applicant has filed his application. 1.Publication in the Official Gazette does not dispense with the requirement of notice by mailing and posting Administrator. if so minded.Publication in a newspaper is necessary to accord with due process requirement: Without a new publication the registration court cannot acquire jurisdiction 1. v. may be instituted and is mailed by the clerk of court to the LRA. anomalous titling of real property. the Hon. terms.) jurisdiction is secured by the power of the court over the res. and the decision of the registration court would be a remains an indispensable procedural requirement. dealing with a tangible res.While publication of the notice in the Official Gazette is sufficient to confer over the area or parcel of land that is added to the area covered by the jurisdiction upon the court. Court of Appeals) in the year 20____. for absolutely has no participation. Although jurisdiction of the court is not affected. To confer jurisdiction upon the court over the res. Purpose of publication – Two-Fold: 3.(see Republic v. The purpose of the new publication is to give notice to all persons ii. petition) or any decree entered thereon.The purpose of the law in requiring the giving of notice by all three modes may assert their rights or interests in the land. Manna Properties. New publication necessary to include additional area the application for registration and posting and service of notice to affected parties. Couched in mandatory nullity insofar as the decision concerns the newly included land.Personal notice is not necessary unless required by the court. include owners of adjoining properties.Purpose of notice by all three modes 2. To apprise the whole world of the pending registration case so that they 1. if any. assessing the applicant’s right or title to the land. and thereafter you will forever be barred from contesting said application (or the land subject of the registration proceedings may be notified thereof. Land Registration Authority 1. and occupants of the land. (see also Director or Lands v. The notice of initial hearing is signed by the judge and copy of the notice 1. CA and Abistado) Attest: iv. a.Publication of notice of initial hearing(see Section 23 [1] of the PRD) concerned regarding the amended application. it is a component of procedural due process and aimed at giving as 45 . Lack of personal notice does not vitiate the proceedings initial hearing date. This involves a process to which the party applicant carried to judgment. a.The duty and the power to set the hearing date lie with the land registration court. b. Constructive seizure of the land for registration is effected through publication of vii.the title to the lands will be adjudicated and determined in accordance with law and the evidence wide publicity as possible• so that all persons having an adverse interest in before the Court.

But if the amendment consists in the exclusion of a portion of the area iv. 46 .Mailing to the Secretary of Agrarian Reform. This requirement is also mandatory. therefore. and that of the 1. Section 25. he alone may withdraw the government’s appeal with binding effect on the The requirement of publication is one of the essential bases of the latter. Etc.A mere defect of publication deprives the court of jurisdiction. are conclusive. the decision of the land registration court is void. or Any person claiming an interest. 1.Mailing The certification of the Commissioner of Land Registration and of the sheriff concerned to the effect i. or the national government. only notices of court proceedings and related processes actually served upon the needed. Director of Lands. is mandatory.This requirement is mandatory. 4.In practice. sheriff as to posting. and not merely on its deputized special viii. the same lacks i. Where the identity and area of the claimed property are not the subject of amendment but merely other collateral matters. 1. the Solicitor publication. may appear and file an opposition on or before the date of initial hearing. has been complied with shall be filed in the case before the date of initial hearing. Governor and Mayor 1)The certification by the LRA Administrator as to the fact of publication and mailing. a new publication is not 2. General is bound to represent the Government in all land registration and related proceedings. in court cases involving land registration and naturalization proceedings.If the land borders on a river. Solicitor General. as required by law. the Solicitor General is invariably furnished with a copy of the notice of initial the court over the remaining area is not affected by the failure of a new hearing. the jurisdiction of 1. Proof of publication and notice.As a rule. or an arm of the sea.Mailing to persons named in the application that the notice of initial hearing. authority over the whole case and all its aspects.The Solicitor General.Service of orders and decision on the OSG.Mailing to the Secretary of Public (Works) and Highways. d. it is a jurisdictional requisite. 4.Posting 2. 2. included in the original petition. provided such correction does not include land not prosecutor who has been deputized to appear for him.If it otherwise appears that a tenant-farmer. and shall be conclusive proof of such fact. has control and supervision• over the special attorney or authorized by law. Effect of non. The right of the land registration court to correct an error of closure is 3. In this case. NOTES SECTION 24 of PRD: ii. jurisdiction of the registration court. navigable stream or shore. 5.Where there is no publication of the notice of initial hearing.If the applicant requests to have the line of a public way or road determined. may have a claim the court. Section 24. Solicitor General are binding on his office. The opposition shall state all the objections to the application and shall set forth the interest adverse to the applicant. iii.The Solicitor General is the only legal counsel of the government in land registration cases and as such. or within such further time as may be allowed by 2. c. a new publication is not necessary. as required by law. Opposition to application in ordinary proceedings.or defective publication attorneys.Role of the Solicitor General covered by the original application and the original plan as previously published. 1. 3. whether named in the notice or not. The reason for this is that under the Administrative Code of 1987. And when the court a quo lacks jurisdiction to take cognizance of a case.

Persons deemed to have legal standing to file opposition: their oppositions later on.The opposition should be signed and sworn to by him or by his duly authorized registration of a parcel of land under the Torrens system or to question the validity of such representative. A person claiming to be in possession of the land and has applied with the Lands ownership of the applicant.• If the opposition or the adverse claim of any person covers only a portion of the lot and said portion c. a. iii.He should indicate the desired relief. 1) Requisites for opposing application: e. or in case of undivided co.He should state the grounds for his objection as well as the nature of his claimed a. It has been held that a claimant having failed to present his answer or objection to the iv. 3) Failure to file opposition. or overlapping of boundaries. All that is necessary to enable one to exert the faculty of opposition is that he should appear is not properly delimited on the plan attached to the application. i. Opposition to an application for registration of the title must be based on the right of dominion or some other real right opposed to the adjudication or recognition of the iv. It has been held. and b. regardless of title or right. some claim to the property. the following requisites must concur: intention to take over land. effect of: ii.claimed by the party filing the same and apply for the remedy desired. by virtue of the award. Management Bureau for its purchase. the court of legal owner or is of a purely equitable nature as where he is the beneficiary in a trust. d.― d. is b.•It is also defined as a party’s manifest a. Where no answer in writing or any opposition is made to an application for registration interest. c. The phrase claim of ownership• means the possession of a piece of property with the intention of claiming it in hostility to the true owner. to have an interest in the property. however. is authorized to 2) Nature of interest to support opposition: take possession of the land to enable him to comply with the requirements for the issuance of patent. It is immaterial whether this interest is in the character ownership. whether it be limited or absolute. registration within a period of one (1) year after the certificate of title had been issued. To give a person a legal standing to object to the application for registration. A claim• merely noted on the survey plan cannot prevail over the actual decree of NOTES SECTION 25 of PRD: registration as reproduced in the certificate. Private persons may not file opposition for the Government: 47 . iii. ii. that unverified oppositions in land registration proceedings are deemed to have forever lost his right in said land even granting that he had any right therein. A homesteader who has not yet been issued his title but has fulfilled all the conditions required by law for the issuance of patent. For an opposition then to be considered. A purchaser of friar land who is deemed to have an equitable title to the land even before the issuance of the patent. conflicting claims of ownership or possession. nevertheless sufficient to confer standing in court to oppositors who may be allowed to verify c. i. It was a substantial compliance with the law that required a formal answer. may require the parties to submit a subdivision plan duly approved by the Director of Lands.The oppositor must have an interest in the land applied for. of property. especially where said defect is deemed waived by the applicant’s failure to invoke said requirement seasonably. and shall be signed and sworn b. all the allegations contained in the application shall be held as confessed by reason of the absence of denial on the part of the opponent. An awardee in a sales application who. he must make to by him or by some other duly authorized person.

The reason for this is that the government is usually not estopped by the mistake ii. He must show. the applicant in i. The Property Registration Decree does not provide for a pleading similar or corresponding 4) Opposition by the Government: to a motion to dismiss. and of causes of action. iii.Where no identity of causes of action but only identity of issues exists or answer had been filed 2. The opposition in a registration case partakes of the nature of an answer with a counterclaim. It is precisely the character of the land as private which the applicant has the b.Defense of res judicata may be waived if not set up in a motion to dismiss i. Absence of opposition by the government does not justify outright registration b. there was identity of oppositor. duly approved by the Director of Lands. A private person may not oppose an application for registration on behalf of the 5) Motion to dismiss based on res judicata proper in a registration proceeding government on the ground that the land belongs to the government.The rule bars the re-litigation of particular facts or issues involving the i. c.In a registration case. Notwithstanding the absence of opposition from the government. in the following instances: government for the act of its agents. either in a motion to dismiss or in answer is deemed waived. formally filed. each party. which is based on substantial grounds. it is improper for the court to declare the oppositor in default simply because he failed to appear on the day set for the initial hearing.Bar by former judgment. a. 1.Res judicata absolutely bars any subsequent action when the following requisites concur: ii. Failure to appear on the day of initial hearing is not a ground for default where opposition 1.Under Section 1. Rule 131 of the Rules of Court. required by law to obtain a favorable judgment.Conclusiveness of judgment c. in fee simple. 48 . It was rendered by a court that had jurisdiction over the subject b. has been same parties even if raised under different claims or causes of action. It adjudged the pertinent issue or issues on their merits. must prove his own affirmative allegations by the amount of evidence parties.The registration court may require the submission by the parties iii.It cannot be pleaded for the first time on appeal. to the satisfaction of the court. ii. Where an opposition or answer. Ii . a. or error of its officials or agents. c. i. and i. whether applicant or d. obligation of establishing. even though there is no opposition. The former judgment or order was final. d. and land registration cases is not relieved of the burden of proving the imperfect right or title sought to be confirmed. it was held that the defense of res judicata when not set up court is not fatal. a. Government may appeal despite failure of agency to file opposition d. 6) Submission of subdivision plan. Hearing necessary to determine validity of ownership claim matter and the parties. Between the first and the second actions. that he is the absolute owner. Two distinct concepts of res judicata: i. of subject matter. The failure of the government agency concerned to file an opposition to the application for registration or to appeal from the adverse decision of the registration i.It is hornbook law that the principle of estoppel does not operate against the of a subdivision plan.

1) Order of default. The interests of substantial justice and the speedy determination of the controversy should be the guiding principle of the trial court in lifting an order of general default to allow Where an appearance has been entered and an answer filed. Order of Special Default “ directed only against those who did not enter their appearance and file answer: 4)Government not estopped by the mistake or error of its agents i. If no person appears and answers within the time allowed.When an appearance has been entered and answer filed. The notice of initial hearing is signed by the judge and copy of the notice is mailed by the clerk of court to the LRA [Land Registration Authority]. b. g. order a default to be recorded and require the rendition of judgment. 513 SCRA 294 (2007) d. delimited on the plan accompanying the application. the law requires the issuance of a court order setting the initial hearing date. the court shall. If no person appears and answers within the time allowed. effect.• overlapping of boundaries. no reason to the contrary appearing. When no answer in writing or any opposition is made to an application for the registration of a The duty and the power to set the hearing date lie with the land registration court. conflicting claims of ownership or possession. a default order shall be entered against a party to file an opposition to the application persons who did not appear and answer. the court shall. Order of General Default – addressed to the whole world: 3) Party in default can appeal judgment i. upon motion of the and may be modified or amended as the court may deem proper at any time prior to the applicant. But a declaration of default is not a guarantee that the application for registration will be granted. San Lorenzo. even without need of the prior filing of a motion to set aside the order of default. A motion to set aside the order of default filed prior to the rendition of the judgment on the merits should be considered with liberality. or nigh incontrovertible proof. it is presumed to have regularly performed its task in accordance with law especially with regard to notice requirements. is usually not estopped by the mistake or error on the part of its officials or agents. Order of default issued by the court should not prejudice the Government under the well- entered against persons who did not appear and answer. absence thereof. When the court issues an order of default. a. a. Order of default. A defendant party declared in default retains the right to appeal from the judgment by description in the notice :To all whom it may concern.In case of undivided co-ownership. against the judgment ordering registration. 49 . b. or its Government. applicant to present evidence. all the allegations contained in the application shall be held as confessed by reason of the has filed his application. upon motion of the applicant.• all the world are made parties default on the ground that the plaintiff failed to prove the material allegations of the defendant and shall be concluded by the default order. Republic v. An order of general default is interlocutory in character. a. The notice of initial hearing is a court document. It is still the burden of the applicant to prove that he is entitled to registration by well- b. 2) Motion to lift order of general default Section 26. ii. c. By a. But the motion to lift the order of general default should be filed before entry of final NOTES SECTION 26 of PRD: judgment. when entered d. complaint. This e. all the world are made parties defendant and shall be concluded by the default order. After an applicant property. or that the decision is contrary to law. c. order a default to be entered and require the applicant to present evidence. A person who has not challenged an application for registration cannot allege damage or error involves a process to which the party applicant absolutely has no participation. By the description in the notice "To all Whom It May Concern". subject to the control of the court. a default order shall be a. If the opposition or adverse claim covers only a portion of the lot applied for which is not f. known and settled rule that the Republic.

It is the publication of such notice that brings in the whole word as a tantamount to no publication at all. posting. necessary to give personal notice to the owners or claimants of the land sought to be registered. persons who may be interested or whose rights may be adversely affected would be barred from contesting an application which they The Court held that a party to an action has no control over the Administrator or the Clerk of Court had no knowledge of. that the 50 . 212 SCRA 623 (1992) The misjoinder of causes of action and parties does not affect the jurisdiction of the courts to hear and proceed with the application for registration of the two respondents who applied for registration A land registration proceeding is a proceeding in rem. including the state. Republic v. CA and Abistado. however. 276 SCRA 276 (1997) fifteen days after the termination of such hearing. The failure to give notice does not The late publication of the Notice of Initial Hearing in the newspaper of general circulation is amount to jurisdictional defect. 459 SCRA 183 (2005) oftentimes delayed in its circulation. The notice of initial hearing shall be published once in the Official Gazette and once in a newspaper D. mere fact that a person purporting to have a legitimate claim in the property did not receive personal NOTE: notice is not sufficient ground to invalidate the proceedings. No fault is attributable to such party if the trial court errs on matters within its sole power. (Sec. may refer the case or any part thereof to a referee who shall hear the parties and their evidence. in order to vest the courts with power and authority over the res. Herbieto. and the referee shall submit his report thereon to the Court within iv. the process must strictly be complied with. Gazette suffices to confer jurisdiction upon the land registration court. Hearing before a referee may be held at any It should be noted further that land registration is a proceeding in rem. he has no right to meddle unduly with the business of such official in the performance of his duties. It may be asked why publication in a newspaper of general circulation should be deemed mandatory It is evident in land registration proceedings that what is more important than the date on which the when the law already requires notice by publication in the Official Gazette as well as by mailing and initial hearing is set is the giving of sufficient notice of the registration proceedings via publication. The court may render judgment in accordance to or interests in the property. 24) The Court. the MTC party in the case and vests the court with jurisdiction to hear and decide it.• A party cannot intervene in matters within the exclusive power of the The Court ruled that Section 23 of PD No. However. Being in rem. if at all. Owing to such defect. reference to a referee. such proceeding convenient place within the province or city as may be fixed by him and after reasonable notice requires constructive seizure of the land as against all persons. This with the report as though the facts have been found by the judge himself: Provided. being so. Publication. Mailing. all of which have already been complied with in the case at hand. Speedy hearing. Director v. 1529 indeed clearly provides that publication in the Official trial court. Gazette shall be sufficient to confer jurisdiction upon the court. the applicant must strictly comply with the jurisdictional requirements. Hearing. such that the notices published therein may not reach the interested parties on time. by proper publication in the Official Gazette is sufficient to clothe the court with jurisdiction. and therefore it is not on two separate lands. absent any It is unfair to punish an applicant for an act or omission over which the applicant has neither publication of the notice of initial hearing in a newspaper of general circulation. who have rights thereof shall have been served the parties concerned. and the Therefore. An in rem proceeding is validated essentially through publication. not in personam. law. notice of hearing failed to constructively seize the lands and acquire jurisdiction over the applications for registration. acting as a land court. Judgment and Decree of Registration of general circulation in the Philippines: Provided. Adez Realty v. that the publication in the Official i. if it deems necessary. the land registration responsibility nor control. The trial court shall see to it that all registration-proceedings are disposed or within ninety days from The notice of initial hearing shall also be posted in a conspicuous place on each parcel of land included the date the case is submitted for decision. in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city.In land registration cases. the orders of the court were void for having been issued by the MTC without jurisdiction. CA. Thus. however. especially if the applicant has complied with all the requirements of the court cannot validly confirm and register the title of the applicants. Section 27. having the same ultimate result. The reason is due process and the reality that the Official Gazette is not as widely read and circulated as newspapers and is iii. Posting v. Otherwise.

Filipinos not registrable iv. The Krivenko doctrine: aliens disqualified from acquiring public and private outstanding capital stock of a Filipino. 51 . The applicant must show.Section 8. Donation in favor of a religious corporation controlled by non. lands. transferee of private land(see Citizenship Requirement Individual under Roman Numeral II-B[ix]. Thus. 2) Proof required in registration proceedings. even in the absence of opposition. to sell is covered by the Condominium Act wherein petitioner as unit owner is simply a member of the condominium corporation. He must submit convincing proof of his and his predecessors-in-interest’s actual. The prohibition is a declaration of imperative national policy unit itself. prohibits non-Filipinos from acquiring or holding title to private lands. CA and Lapiña and Director of Lands v. except only by way of legal succession or if the acquisition was made 4. 4726. foreign national can own Philippine real estate law.The Constitution makes no exception in favor of religious associations. then the constitutional ii. They may be granted temporary rights such as a “Lease Contract―. alien the right to buy real property on condition that he is granted Philippine citizenship. the ownership of the land is legally separated from the ii. corporations or associations qualified to v.court may in its discretion accept the report. A lease to an alien for reasonable period is valid. NOTES SECTION 27 of PRD: 3. generally – The burden is on applicant to prove his positive averments and not for the government or the private oppositors to establish a negative vi. the citizens. of such land. Capacity to own land is determined as of the time of its acquisition and not registration(see Republic v. Under this set up. Section of this Act.Section 10 of Foreign Investment Act) vii. As long as 60% This fundamental policy of preserving the nation’s lands for Filipino of the members of this condominium corporation are Filipinos. Aliens are not completely excluded by the Constitution from the use of 1) Hearing Section 27 lands for residential purposes. A natural-born Filipino citizen who has lost his citizenship may be a proscription against aliens owning real property does not apply. 2.Aliens may lease private lands acquire or hold lands of the public domain in the Philippines.owned or controlled corporation. as the rule now stands. 1987 Constitution provides that Save in cases of Buyco) hereditary succession. that he is the absolute owner. So is an option giving an recommitted for further proceedings. 1.It expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40% of the total and i. 1. no private agricultural land shall be transferred or assigned except to individuals. or order the case to be 2. the fundamental law explicitly remaining members can be foreigners. they may however lease private lands. The land is owned by the condominium corporation and the unit owner is simply a member in this condominium corporation. Under RA No. or set it aside in whole or in part. Considering that the rights and liabilities of the parties under the contract by a former natural-born citizen. Citizenship Requirement 2. Foreigners allowed to purchase condominium units proposition. Article XII. (see Roman Numeral II-C [iv] [4]) a. peaceful and adverse possession in the concept of owner of the lots during the period required by 1. While aliens are disqualified from acquiring lands of the public domain. fee through the purchase of condominium units or townhouses pursuant to simple. Register of Deeds) 3. (see the case of Krivenko v.

by exception. The original parties who were guilty of a violation of the Ordinance appended to the 1935 Constitution fundamental charter have died and have since been substituted by their administrators to whom it would be unjust to impute their 1.On the basis of their capacity to acquire or hold lands of the public domain. As the ix. 3. xi.• Filipino citizen or transfers it to a Filipino.Such prohibition is not violative of the freedom of religion guaranteed by 2.Aliens. not illegal per se but is merely prohibited and the prohibition by law is designed for the protection of the plaintiff. there would be no more public policy to be protected. corporations of the United States shall be acknowledged. which consists of one person only. A corporation sole may acquire and register private agricultural land property in dispute is already in the hands of a qualified person. citizens and corporations b. However.A natural-born citizen of the Philippines who has lost his citizenship under 1. and x. Article XII of sole when they provided that 60 per centum of the capital thereof be owned the Constitution.The reason for this is that a corporation sole has no nationality• and the framers of the Constitution did not have in mind the religious corporation 2. said case since: viii.Filipino corporations and association as defined in Section 2. Can a Filipino vendor recover land sold to an alien? 4. If land is invalidly transferred to an alien who subsequently becomes a Philippines. 3. if public policy 2. respected.The 1935 Constitution provides that upon the proclamation of Philippine is thereby enhanced. Rellosa was reversed by Philippine Banking Corporation v. and.Filipino citizens 3. 1. is vested with the of the constitutional provision to keep our lands in Filipino hands has been right to purchase and hold real estate and to register the same in trust for achieved. and the Ordinance appended thereto provided that until the final withdrawal of the United States sovereignty over the Philippines. Public Independence (July 4. Article XII of the 1987 Constitution. recover what he has paid or delivered. The objective 1. Gaw Chee Hun because the Filipino vendor was in pari delicto with the alien vendee a. the flaw in the original transaction is considered cured and the title of the transferee is rendered valid. Rule restated -. Lui the Constitution as the land ownership is not indispensable to the free She where the Court declared that the pari delicto rule may not be applied in exercise and enjoyment of religious profession or worship. the faithful or members of the religious society or church for which the corporation was organized. he may. 52 . The question was answered in the negative in the early case of Rellosa v. It is not treated as an ordinary private corporation because whether or not it be so treated. and safeguarded to the same extent as property rights of citizens of the 3. but only byhereditary succession. a Filipino citizen.While aliens are disqualified to acquire lands under the 1935 Constitution. guilt. 1946) all existing property rights of citizens or policy referred here is of preserving lands for Filipinos. the terms of Section 8. As an exception to the rule on pari delicto. when the agreement is of the United States could enjoy all the same civil rights as Philippine citizens. the constitutional proscription against private corporations acquiring public agricultural lands will not apply. Filipino citizens can both acquire or otherwise hold• lands of the public domain. A corporation sole. Land acquired by an American citizen in 1945 can be registered under the a. the following ay acquire private lands: 2. by Filipino citizens.

or mineral lands. Before the government could alienate or dispose of lands of the public domain. c. iv.96 hectares of agricultural a. 1064 classifying Boracay Island into 400 hectares of reserved forest land (protection purposes) and 628. b. whatever possession applicants may have disposable (A and D). 141 (Public Land Act). as lease. cannot ripen into private ownership. such PENRO or CENRO. The classification of public lands is an exclusive prerogative of the executive department of the government and not of the courts.Classification of Public Lands a. Educational. or other similar purposes. from time to time. b. It does not by any means include all lands of government ownership. Only A and D lands may be the subject of disposition b. Public Lands• and Governmental Land• distinguished ii. Requirements to establish classification a. Under PD No. President Arroyo issued Proclamation No. Agricultural 5. their uses into: all unclassified lands are considered public forest. It is also disqualified to own rights to ownership to such lands. d.That the land falls within the land classification map as verified through survey by the but they can hold such lands by modes other than acquisition.Classification of Boracay Island 1. b. however long. Filipino corporations cannot acquire lands of the public domain c.The applicant must present a certified copy of the DENR Secretary’s declaration or the 5. The President is authorized. to classify the lands of the public domain land (alienable and disposable). is the only other public official empowered by law to approve a land classification and declare such land 6. A public land is equivalent to public domain. President’s proclamation classifying the land as alienable and disposable. 4. or Revised Forestry Code. 3. Residential.Applicant must prove that the DENR Secretary had approved the land classification and released the land of the public domain as A and D land. the public domain. or for similar productive purposes. industrial. Except for lands already covered by existing titles. 1064. Where the subject property is still unclassified. 705. System of classification a. i. and. b. Reservations for town sites and for public and quasi-public uses. NB: A foreign corporation is disqualified to own lands in the Philippines. The Secretary. into alienable and disposable. or appropriation and settlement by homestead and other like general laws. Government land includes not only public lands• but also other lands of the government already reserved or devoted to public use or subject to private right. Alienable and disposable lands of the public domain are further classified according to public domain prior to Proclamation No. timber. President must first officially classify these lands as alienable and disposable. Boracay was an unclassified land of the b. and then remains to this day the existing general law governing the classification and disposition of lands of declare them open to disposition or cession. 53 . and D lands 2. the i.Provincial Environment and Natural Resources Office (PENRO) or Community Environment and Natural Resources Officer (CENRO) to certify that land is alienable and b. A survey made in a cadastral proceeding merely identifies each lot preparatory to a judicial proceeding for adjudication of title to any of the land upon claim of interested parties. commercial. Classification of public land is an executive prerogative CA No. other than timber and mineral lands. a. had. Cadastral survey of a municipality does not automatically classify lands within the cadastre as A as alienable and disposable. Department of Environment and Natural Resources (DENR). as amended. but only so much of said lands as are thrown open to private iii. a. charitable.

and are intended for some 7) Seawater. waters of springs and brooks iii. 1) Rivers and their natural beds. public service or for the Found in Private Land: development of the national 8) Continuous or intermittent wealth. rainfall c. all Crown lands were per se alienable and subject to adjudication by the 2) Continuous or intermittent courts unless falling under timber or mineral zones. or otherwise reserved for some public purpose in accordance with law. 2) Those which belong to the Code Subterranean or ground State. 1)Those intended for public use. roadsteads. 10) Rain water and falling on such 54 . Under the Spanish regime.Must prove that the land subject of the application for registration is alienable and and the beds themselves.Applicant must establish the existence of a positive act of the government such as a 4) All other categories of surface presidential proclamation or an executive order. an administrative action. use. torrents. water from have been possessed for the required number of years is alienable and disposable. Article 420 of the Civil Code Water 5) Atmospheric water. similar character. and waters such as water flowing 3. shores. 2. Articles 5 & 6.Applicant must also secure a certification from the government that the land claimed to over lands. PD No. 1067. rivers. waters rising on such lands. seepage and drainage. without being for public 6) water. banks. disposable. and others of runoff.ii.Non-Registrable Properties whether natural or artificial. ports and bridges constructed by the and water fromagriculture State. 3) Natural lakes and lagoons. and a legislative act or a statute.Burden of proof rests with applicant to overcome presumption of State ownership running in their natural beds 1. Page 90 of 121 9) Lakes and lagoons naturally Marvyn Rose Arbes waters rising on such lands. such as roads. investigation reports of Bureau of Lands investigators.

What may be presented as proof of the identity of the land sought to be registered? STTT Regalian Doctrine under the Public 1. 4. 55 .Executive Order Subterranean or ground 4. is submission of the original tracing cloth plan mandatory? d. 3. only a certified copy of the original tracing cloth plan 3. Reviewer) by law. Declassification – That the land applied for has been declassified and is a public character. otherwise the same agricultural land.General Rule: Boundaries prevail over area. In case of conflict between areas and boundaries. lands. alienable and disposable or otherwise capable of registration. The plan of the land must be duly approved by the Director of Lands. 2. Although mere blue print copies were presented in court as evidence.CIL (Republic v. The Supreme Court declared that the submission of the tracing cloth plan is a statutory i. ii. 2. Hence. IAC) 1.In an application for judicial confirmation of imperfect title. (Agcaoili. 2) forest. which prevails? 2. the original tracing cloth plan was attached to the application for registration and was available to the court for comparison. Identity of the land.Tax Declarations 4) Mineral lands. iii.Administrative Order issued by the Secretary of Environment and Natural Resources 1.Technical description of the land Forest reserves 3) lands.Presidential proclamation v. under LRA Circular 05-2000. 5. have no probative value. What may constitute sufficient proof to establish declassification of land from forest to alienable or disposable. and Note: However.Investigation reports of Bureau of Lands Investigator Water in swamps and 12) marshes 7.Legislative Act.Bureau of Forest Development (BFD) Land Classification Map 11) waters.Yes. What must the applicant for land registration prove? DIP requirement of mandatory 1. or by Statute Forest or Evidence of Identity of Land 1) timberland. Possession and occupation of the land for the length of time and in the manner required need be forwarded to the LRA. iv. and reports of District Forester and 6. Evidence of Declassification the approval of registration was proper.Certification by the Director of Forestry.Tracing cloth plan and blue print copies of plan 1973 and 1987 Constitution 3. or agricultural? PAEB.Specific Evidence of Ownership 1.Survey plan in general 1935.

2.Constructing a residential house thereon. Possession of other persons in the land applied for impugns the exclusive quality of the applicant’s possession.e. Reason:Possession is not exclusive and notorious so as to give rise to a presumptive grant from the State.Declaring the same for taxation purposes.Tax declaration of land sought to be registered which is not in the name of applicant but in the name of the deceased parents of an oppositor. viii. they are good evidence of ownership. Spanish titles are now inadmissible and ineffective as proof of ownership in land registration proceedings filed after Aug. ix. 56 . It is mere indicia of a claim of ownership that the Note: Evidence to be admissible must.Exception: Boundaries relied upon do not identify land beyond doubt.Mere failure of Fiscal representing the State tocross-examine the applicant on the claimed possession. What are some specific overt acts of possession which may substantiate a claim of ownership? Reason 1.To prove possession. Reviewer) 2. Even if belatedly declared for taxation purposes. Reason: Possession of applicant is not completely adverse or open. peaceful and in concept of owner for the required number of years. or 1. if 1. 4. Evidence of Private Ownership 2.bearing trees. accretion is on a land adjacent to a river). What are insufficient proofs of possession? Note: While tax declarations and real estate tax receipts are not conclusive evidence of ownership. public. a. Testimonial evidence (i. Evidence of Possession and Occupation 5. What are the proofs of private ownership of land? 3. Where applicants tacked their possession to that of their predecessor-in-interest but they did show such nature of possession because bare allegations. Holding of property by mere tolerance of the owner vi. The applicant should present specific facts to 6.Fencing the area. applicant’s predecessors-in-interest to have been adverse. Mere failure of the owner of the land to pay the realty tax does not warrant a conclusion that there was abandonment of his right to the property. impending cases. 4.(Diaz v. 1976. 3. Boundaries given in the registration plan do not coincide with outer boundaries of the land covered and described in the muniments of title. vii. E. Other kinds of proof. without more. continuous. 16. Mere Casual cultivation of portions of the land by claimant presented as documentary evidence coupled with proof of actual possession for the period required by law of the land.g. nor is it truly in the concept of an owner. do not amount to not present him as witness or when no proofs of what acts of ownership and cultivation were preponderant evidence that would shift the burden to the oppositor.What may constitute proof of possession? Reason: Holder is not in the concept of owner and possessory acts no matter how long do not 1.S panish title. it is not enough to simply declare one’s possession and that of the start the running of the period of prescription. open. Republic) performed by the predecessor. it does not negate possession especially if there is no other claimant of the land. be credible. substantial and satisfactory (Agcaoili holder has a claim of title over the property.T ax declaration and tax payments. however. 3. Note: However.Introducing valuable improvements on the property like fruit.

attachments.• x. and if ownership was not definitely passed upon. the court may render Decree. disability. No. they are good indicia of possession in the concept of an owner. it shall render judgment confirming the title of the applicant. They a. however. 1)After due hearing for registration. If the owner is under 3. finds that the applicant or the oppositor has sufficient title proper for registration. It shall contain a description of Note: Such plan does not convert such land into alienable land. Are tax declarations or payment of realty tax conclusive evidence of ownership? NOTES SECTION 28 & 29 of PRD: 1. 2.Note: Any evidence that accretion was formed through human intervention negates the claim. 57 . in such manner as to show their relative priorities. mortgages. as the case may be. his age. Survey plan of an inalienable land. It shall be conclusive upon and against all persons. including rights of tenant-farmers. to the land or portions thereof. and also. judgment shall be rendered confirming the title Note: It is constitutive of a fee simple title or absolute title in favor of the grantee. duty to cause issuance of decree. IF the court. the land as finally determined by the court. Compromise agreement among parties to a land registration case where they have rights and order in accordance with Section 39 of this Decree to the Commissioner for the issuance of the decree interest over the land and allocated portions thereof to each of them. or the oppositor. and shall be signed by him. as well as any other matters properly to be determined in pursuance of this In a case where only a portion of the land subject of registration is contested. If the court. It shall state whether the owner is married or unmarried. what will the court do? However. Judgment confirming title. Such an act strengthens one’s bona fide claim of acquisition of The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty ownership. to which the land or owner's estate is subject. subject only to such exceptions or liens as may be provided by law. and in other cases where issue of entry.75-76) days(now fifteen days) to be counted from the data of receipt of notice of the judgment. hour and minute of its property over which the decedent has no transmissible rights. if any. p. or the oppositor. liens. it shall state the nature of disability. that if the land adjudicated by the court is conjugal property. the name of the husband or wife: Provided. Commissioner of Land Registration and the Director of Lands. (Agcaoili Reviewer. and other encumbrances. and if a minor. Decision in an estate proceeding of a predecessor-in-interestof an applicant that involves a Every decree of registration issued by the Commissioner shall bear the date.• The decree of registration shall bind the land and quiet title thereto. against the State and all other interested parties. An appeal may be taken from the judgment of the court as in ordinary civil cases. much less private property. xi. oppositor has sufficient title proper for registration. for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. after considering the evidence and report of the LRA. Decree of registration. of the applicant. married. the decree shall be issued in the name of both spouses.Presidential issuances and legislative acts. to the land or portions thereof. Section 28. after considering the evidence and the reports of the 4. Aquino. When judgment becomes final. finds that the applicant or the constitute at least proof that the holder has a claim of title over the property. it shall devolve upon the court to forthwith issue an 1. and shall set forth the estate of the owner. including the Section 29. Note: Assent of Director of Lands and Director of Forest Management to compromise agreement did not and could not supply the absence of evidence of title required of the applicant. of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration. What proofs are insufficient to establish private ownership or right over land? After judgment has become final and executory. Tax declarations or realty tax payment of property are not conclusive evidence of ownership. all particular estates. but also the intention to contribute needed revenues to the Government. partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court. Partial judgment. Note: The voluntary declaration of a piece of property for taxation purposes manifests not only one’s sincere and honest desire to obtain title to the property and announces his adverse claim Section 30. Section 31. easements.

must the applicant move for the issuance of a writ of possession in case he is deprived of possession over the land subject of the registration c.Reinvindicatory action. if afterwards he loses possession of the property obtained by virtue of the original RTC of the province or place where the property is situated. if it is against: 2)Post-Judgment Incidents 1. Upon filing of the motion writ.No. the court shall order the entry of a new certificate of title and the cancellation of the original certificate and owner’s duplicate of the 2. Writ of Possession is a writ employed to enforce a judgment to recover the possession of 2. 1. he cannot again i. a writ of possession may be issued against: a. the same being included in the general description "To all whom it may concern". ii. In which case.Any person adversely occupying the land or any portion thereof during the former registered owner. the remedy is file a separate action for: registration proceeding. 58 . f. b. i.When writ may not issue: When a party entered into property after issuance of final decree. and is in possession of land for at least 10 years. if it is against person who took possession of the land after final adjudication of the Note: It may be issued only pursuant to a decree of registration in an original land same in a registration proceeding.Does petition for the issuance of a writ of possession prescribe? introduced by oppositor or his successor in interest.National Government and all branches thereof. whether mentioned by name in the application or and the required bond.The person who has been defeated in a registration case. Yes. i.Unlawful entry. If the court granted the registration. 1)J udgment --It is a decision of court constituting its opinion after taking into consideration the e. The person who has been defeated in a registration case. notwithstanding the lapse of the 15-day period from receipt of judgment by the parties. Writ of Possession – order to sheriff to deliver the land to the successful party litigant. However. commanding the sheriff to enter into the land and give the possession thereof to the registration proceedings up to the issuance of the final decree. the prevailing party secures a writ of possession.General Rule: No d. Writ of Demolition – the complement of writ of possession. How may possession of property be obtained? Exception: If a party has once made use of the benefit of a writ of possession.What must a judgment in land registration proceeding contain? 1. Possession of the property may be obtained by filing an ex parte motion with the ask for it. it becomes a ministerial duty of the court to order the notice. 2. c. person entitled under the judgment. Any person adversely occupying the land or any portion thereof during the land land. i. as the case may be. b.When judgment is rendered in favor of the plaintiff. and i. proceedings? the court continues to retain control over the case until the expiration of one (1) year after the entry of decree of registration by the LRA. and a. After the expiration of the 1-year period without redemption being effected by the property owner. is not 3.Unlawful detainer.In a registration case. issuance of a writ of possession in favor of the purchaser. Against whom may a writ of possession be issued? evidence submitted. land registration proceedings up to the issuance of the final decree. the NOTES SECTIONS 30 & 31 of PRD: right of the purchaser to the possession of the foreclosed property becomes absolute. to demolish improvements g. i. and only after a favorable judgment can an oppositor in registration proceeding. It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment. no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying.

It is conclusive evidence of the ownership of the land referred to therein and becomes b. modified. and such other matters as determined by the court in its judgment. a. 5)Decree of Registration – It is a document prepared in the prescribed form by the LRA c.Decree of confirmation and registration of title is issued pursuant to the Public Land Act. including the name and other personal 9 )What is decree of confirmation and registration? circumstances of the adjudicate.The decree issued by the LRA pursuant to the order of the court.A decree of registration and registered title cannot be impugned. the court shall order the entry of a new impugn the validity of the registration.3)Means to Recover Possession: b. open and notorious possession. quiets title. altered. a.Accion Publiciana 8) What are the effects of the entry of the decree of registration in the National Land Titles and Deeds d. When judgment is rendered in favor of the plaintiff. 59 . quiets title thereto.Binds the land. signed by him in the name of the court. after the lapse of one year from the date of its entry. Administrator. and amendments will not be former registered owner. no jurisdiction to adjudge a land to a person who has never asserted any right of ownership where the presumption always is that the land applied for pertains to the State. embodying the final disposition of the land by the court and such other data found in the record. allowed except clerical errors. and that the thereof. altered. enlarged or diminished. the technical description of the property.Unlawful Detainer c. A land registration court has b. 7) What is the effect of a decree of registration? 11) What is the doctrine of non-collateral attack of a decree or title? a. where there 6)What does a decree of registration cover? already exists a title which is confirmed by the court.Only claimed property or a portion thereof can be adjudicated. changed.Note: Title once registered cannot be impugned. a. or diminished either in collateral or direct proceeding.Conclusive upon all persons including the government. b. and contains technical description of land.Accion Reivindicatoria Registration Authority? 4)What must a judgment in land registration proceedings contain? a.Forcible entry successor. liens and encumbrances affecting it. it becomes incontrovertible. provided by law. a.This serves as the reckoning date to determine the 1-year period from which one can a. a. subject only to such exceptions or liens as may be provided by law. 10) Differentiate decree of confirmation and registration from decree of registration? c. And such conclusiveness does not cease to exist when the title is transferred to a a.It is issued by LRA after finality of judgment. modified. It is subject only to an appeal. c. b.Puts an end to litigation.1 year after the date of entry. occupants and possessors only claim an interest in the same by virtue of their imperfect title or continuous. enlarged. subject only to such exceptions or liens as may be indefeasible and incontrovertible after one year from the issuance of the decree.The decree of registration binds the land.It is conclusive upon all persons including the national government and all branches thereof. certificate of title and the cancellation of the original certificate and owner’s duplicate of the b. except in a direct proceeding permitted by law. It is deemed conclusive as to the whole world.Decree of registration is issued pursuant to the Property Registration Decree.

Torrens title is questioned in the After the lapse of one year from the entry of the decree of registration. in another action this Decree. thereof.If the object of the third-party complaint is to nullify the title of the third-party defendant. a. conversely. i.• purpose. the performance of such first obligation in good faith. title obtained by actual fraud.In a case for recovery of possession based on ownership. deprived of land or of any estate or interest therein by such adjudication or confirmation of 60 .When the buyer enters into a contract of sale.Second.No. Innocent purchaser for value. however. and implied obligation but just as binding and as important as the first. including the government and the branches in the decree as having been preserved against it.If an attack is made thru a counterclaim. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible the judgment is mad as an incident for the fraud. whose rights may be prejudiced. and as such. the attack on the title is direct and not collateral. proceeding in an action instituted for obtain a different relief.12)Differentiate direct from collateral attack. mortgagee. b. i. it shall be deemed to include an innocent lessee.While good faith is presumed. to the right of any person.(Sec 32. in NOTES: said action. Review of decree of registration. d.attack on the title because the same is in the nature of an original complaint for cancellation of title. liens and disability of any person adversely affected thereby.D. he assumes 2 obligations the third-party complaint constitutes a direct. i.First. minority. an attack Upon the expiration of said period of one year. nor by any proceeding in any court for reversing encumbrances except those set forth on the certificate of title and those expressly mentioned judgments.Property Registration Decree guarantees to every purchaser of registered land in good The decree of registration shall not be reopened or revised by reason of absence. or other faith that they can take and hold the same free from any and all prior claims. or other encumbrancer for The issues are raised in a direct to value. A counterclaim is also considered an original complaint. the payment of the consideration.g. and who pays a full and fair price at the title of the third-party defendant considered a direct attack on the title? time of the purchase or before receiving any notice of another person’s claims. should it be disregarded for being a collateral attack? ii. the decree of registration and the certificate of title that on issued shall become incontrovertible. Section 32. but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein. 1) Indefeasibility e. 1529) ordinary civil action for recovery of 2) Purchaser in good faith possession. and b. An innocent purchaser for value is one who buys the property of another without notice a. is a third-party complaint to nullify the that some other person has a right to or interest in it. bad faith must be established by competent proof by the party alleging the same. P. c. Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in It is made when. subject. said the decree of registration and the certificate of title issued shall become incontrovertible. to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of Direct Attack Collateral Attack such decree of registration.

lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to iii. iii. it inquire into the status of the title of the property in litigation.The rule of caveat emptor applies to execution sale.A purchaser of a property cannot be in good faith where the title thereof shows that it was reconstituted.The rule of caveat emptor requires the purchaser to be aware of the supposed title of the not only the certificate of title but all factual circumstances necessary for him to vendor and one who buys without checking the vendor’s title takes all the risks and losses determine if there are any flaws in the title of the transferor.Article 526 of the Civil Code says that one who is unaware of any flaw in his title. But the property which are noted on the face of the register or the certificate of title. transfer the land. 61 .Every person dealing with registered land may safely rely on the correctness of the good faith. including those involving registered lands. certificate of title and is no longer required to look behind the certificate in order to determine the actual owner. banks are expected to exercise greater care and prudence in their dealings. ii.e. over a piece of real property.But one who buys from one who is not the registered owner is expected to examine i. j. Prior registration of a lien i. But one who is aware of such flaw is deemed a possessor in bad faith. or in his capacity to consequent to such failure. As between two persons both of whom are in good faith and both innocent of any auction sale.Purchaser is not required to explore further than what title indicates for hidden defects iv.Rule of œcaveat emptor• (buyer beware•) ii. in order that a purchaser may be considered in good faith. the law must protect and prefer the lawful holder of registered title over the transferee of a vendor bereft of any transmissible rights. even if the mortgagor obtained his title thereto thru fraud. i. As between two persons in good faith.This rule however refers only to properties registered under the Torrens system.A person dealing with registered land is only charged with notice of the burdens on i. A purchaser who has knowledge of defect of his vendor’s title cannot claim good faith. and serves as a notice and warning to third parties dealing with said property that someone is claiming an interest on the same or may have a better right f. will be considered an innocent mortgagee for value. the lawful holder of a title is preferred.A person dealing with registered land has a right to rely on the Torrens certificate lessee. or other encumbrancer for value. l. negligence.The annotation of an adverse claim is a measure designed to protect the interest of a person it is enough that he examines the latest certificate of title. shall be deemed a possessor in i.A bona fide purchaser for value of property at an auction sale acquires good title as against a prior transferee of the same property if such transfer was unrecorded at the time of the i. g.Registration is not the operative act for a mortgage to be binding between the parties. Unlike private individuals.The phrase innocent purchaser for value• in Section 32 of the PRD includes an innocent iii.Where the bank had exercised the due care demanded of it relative to real estate loans. mortgagee. Purchaser charged only with notice of liens noted on the title k. Rule of good faith equally applies to mortgagees of real property not to those under Act No. than the registered owner thereof. iii. or mode of acquisition.In a series of transfers. h. it is indispensable. i. ii.The right or lien of an innocent mortgagee for value upon the land mortgaged must be man to make such inquiry or when the purchaser has knowledge of a defect or the respected and protected. by which it is invalidated. to third persons.Sale of property pending litigation iv. of title and to dispense with the need of inquiring further except when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious ii. i. 3344.

Section 34.Between two buyers of the same immovable property registered under the Torrens system. relief from denial of appeal 62 .Action for Compensation from the Assurance Fund i. c. the one who i. potior jure or he who is first in time is e. o. The burden of proving the status of a purchaser in good faith lies upon one who asserts that status The judgment and orders of the court hearing the land registration case are appealable to the Court and this onus probandi cannot be discharged by mere invocation of the legal presumption of good of Appeals or to the Supreme Court in the same manner as in ordinary actions. a.Petition for Review (of a Decree) 2)Relief from judgment. h.New Trial iii.Annulment of judgment can invoke this is the first vendee.The only essential requisite of this rule is priority in time. the first possessor in good faith.Then. the act of registration must be coupled with good faith. be applicable i.The principle of first in time. NOTES SECTIONS 32.Action for Reconveyance preferred in right.Finally. insofar as not inconsistent with the provision of this Decree. statement of facts while a question of law exists when there is doubt or controversy as to what the law is on a certain state of facts. faith. the buyer who in good faith presents the oldest title. does not apply if the property is not registered under the Torrens b.• 1.Relief from judgment ii. When the thing sold twice is an immovable. to land registration and cadastral cases by analogy or in a suppletory character and whenever the law gives ownership priority to: practicable and convenient. i. There is a question of fact when the doubt or difference arises as to the truth of the falsity of the in good faith the second sale ahead of the first. and 1)What are the remedies of an aggrieved party in registration proceedings: 3.Knowledge gained by the first buyer of the second sale cannot defeat the first buyer’s right except only as provided by the Civil Code and that is where the second buyer first registers i. Good faith is a question of fact iv.The first registrant in good faith. the only one who g.In a situation where not all the requisites are present which would warrant the application of Article 1544.m. prior est in jura• d.Rule on double sale of property The Rules of Court shall. should apply. Rules of procedure.Cancellation of suits ii.This provision. however.Action for Damages p. Burden of proof Section 33.Principle of prior est temporae.Appeal system. in other words. Appeal from judgment. both made in good faith. shall be deemed the owner. etc.Quieting of Title acquires it and first records it in the Registry of Property. stronger in right gains greater significance in case of double sale of immovable property. n. Verily. j. f. the principle of prior tempore. 33 & 34 of PRD: 2.

by 4)Petition for Review: fraud.Registration has been procured thru actual fraud. deprived of their opportunity to be heard in the original registration case not later than 1 d.When a judgment or final order is rendered by any court in a case. or any proceedings is thereafter taken against a d.Petition is filed within 1 year from issuance of the decree.It must be filed within 15 days from receipt of the judgment or final order appealed from v. iii. i. He i.The date of finality of the judgment or final order shall be deemed to be the date of file a petition for review to set aside the decree of registration on the ground that he was its entry. iii.A petition for relief from judgment or from denial of appeal under Sections 1 and 2. mistake.When a judgment or final order is entered. an interest has been omitted in the application.Who may file an appeal in land registration cases? Note: What is contemplated by law is extrinsic fraud.That a land belonging to a person has been registered in the name of another or that should appeal from the judgment and question such denial. c.Petitioner is the owner of the said property or interest therein. judgment when the loss of the remedy at law was due to his own negligence.Property has not been transferred to an innocent purchaser for value. A motion for execution pending appeal is not applicable to land registration aside. mistake. or such proceeding was v. judgments and orders in land registration cases are appealable to the CA or to the SC in the same manner as ordinary actions. he may file a petition in such court and in the same case praying that the judgment. 3)Appeal iv. Rule 38. and not more than six iv.Petition for relief and motion for new trial/reconsideration are exclusive of each other year after the entry of the decree. proceedings. or a mistaken mode of procedure. when may a petition for review may be filed? Any person may ii.The property has not yet passed to an innocent purchaser for value. or b. must be verified.Actual fraud must be utilized in the procurement of the decree and not thereafter. a. Grounds for filing a petition for review: after his motion has been denied.A party who has filed a timely motion for new trial cannot file a petition for relief c.Action is filed within one year from the issuance ad entry of the decree of registration. accident. b.In land registration cases. c. accident. vi. final order.Under PD 1529. or other proceeding to be set aside.Petitioner has a real right. i. order or proceeding be set i. These two remedies are exclusive of each other. 5) Reconveyance: 63 .He has been deprived thereof. and (6) months after such judgment or final order was entered.Time for filing petition ii. or excusable negligence. and a party thereto. i. b.In land registration cases. a. The reason is to protect innocent purchasers.The deprivation is through fraud (actual/extrinsic). has been prevented from taking an appeal. filed within sixty (60) days after the petitioner learns of the judgment.No.Relief will not be granted to a party who seeks to be relieved from the effects of a ii.Only those who participated in the proceedings can interpose an appeal. or excusable negligence. a. ii. may a party validly move for execution pending appeal? party in any court through. taken. i.Requisites: he may file a petition in such court and in the same case praying that the appeal be given due course.

It is because registration constitutes constructive notice to the whole Note: world.Reconveyance is an action seeking to transfer or reconvey the land from the registered 10 years from the date of the owner to the rightful owner. GROUNDS PRESCRIPTIVE PERIOD Express Trust Not barred by prescription 4 years from the discovery of the Void Contract Imprescriptible fraud (deemed to have taken place d. 64 . The State has e. Discovery is deemed to have taken place when said instrument was registered. The action.If the ground relied upon for an action for reconveyance is fraud.What are the grounds and their corresponding period for filing an action for reconveyance? imprescriptible.Purpose: An action for reconveyance does not aim or purport to re-open the registration of the OCT or TCT. seeks to transfer or reconvey the land from trust is the registered owner to the rightful owner. 6)Damages domain if title has been acquired a.May the court cancel the notice of lis pendens even before final judgment is rendered? an imprescriptible right i. action may be filed within 4 years from discovery Fraud thereof.If ground relied upon is fraud. title to the same which is c.A notice of lis pendens may be cancelled even before final judgment upon proper to cause the reversion of a piece of showing that the notice if for the purpose of molesting or harassing the adverse party or that the notice of lis pendens is not necessary to protect the right of the party who property belonging to the public cause it to be registered. where the person enforcing the while respecting the decree as incontrovertible.a. what is the period for from the issuance of the original filing the same? certificate of title) i. Implied or Constructive Trust in actual possession of the property Note: This action may be filed even after the lapse of 1 year from entry of the decree because he is in effect seeking to of registration as long as the property has not been transferred or conveyed to an quiet innocent purchaser for value.When may an action for damages be resorted to in land registration cases? through fraudulent means. issuance b. It does not apply proceedings and set aside the decree of registration but only to show that the person who secured the registration of the questioned property is not the real owner thereof.

Within the same period. ii.Contents: iii.Newly discovered evidence. i.When two certificates of title are issued to different persons covering the same parcel of that the evidence is insufficient to justify the decision or final order or that land in whole or in part.The period for filing either motion is within the period for taking.One. the result. if the motion for reconsideration is granted.No motion for extension of time to file a motion for new trial or reconsideration i.What is cancellation suit? i. of the land covered. with reasonable diligence. b. accident.It may be resorted to when a petition for review and an action for reconveyance is no longer a. the aggrieved party may move the trial court to set possible because the property has passed to an innocent purchaser for value and in good aside the judgment or final order and grant a new trial for one or more of the causes faith. have well as the defendant’s fraud or mistake. 65 . i. the same land? 3. and which if presented would probably alter over a disputed land claimed by the plaintiff. i. 1.Affidavits of merit d.What is meant by prior est temporae. the title shall be allowed. mistake.An ordinary action for damages prescribes in ten (10) years after the issuance of the Torrens title over the property. accident. which he could not.It is an action for cancellation of title brought by a private individual.Within the period for taking an appeal. b. earlier in date must prevail. as the case may be. The latter title should be declared null and void and ordered cancelled. mistake or excusable negligence.A motion for new trial grounded on fraud. f. accident. i. the judgment is set aside.Grounds: a.When will an action for damages in land registration cases prescribe? b. 2.When certificate of title is issued covering a non-registrable property. the judgment is merely amended. an appeal. a not final or when it is issued to a person who did not claim and applied for the registration written notice of which shall be served by the movant on the adverse party. 7)Cancellation Suit d. i. materially affecting the substantial rights of said party. decision or final order is contrary to law.A pro forma motion for new trial or reconsideration shall not toll the reglementary c. or e. alleging ownership as ii.It is a principle which means he who is first in time is preferred in right.Fraud. prior est in jura? i.Other causes such as when the certificate of title is issued pursuant to a judgment that is 1. not perfecting. and produced at the trial.The motion shall be made in writing stating the ground or grounds therefor. setting forth the facts and circumstances alleged to constitute such 8)New trial or reconsideration fraud. or excusable negligence. in successfully obtaining title discovered. the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive.Where two certificates are issued to different persons covering the same land.If the motion for new trial is granted.What are the rules as regards cancellation of certificates of title belonging to different persons over period of appeal. c. mistake or excusable negligence should ordinarily be accompanied by two affidavits.When is resort to a cancellation suit proper? 1.

or error arising from 2.Definition of Terms: c. but did prevent a fair and just determination of the case. such as by stating false assertions in the sworn answer required which is committed outside the trial of a case against the defeated party.Action for damages-Filed in an ordinary action for damages if the property has passed unto presenting fully and fairly his side of the case.Who may file an action to quiet title? a.Intrinsic fraud.Note: i.It must appear that there was accident or surprise i. certificate of title. iii. b.Remedy is reconstitution of lost or destroyed certificate of title in the office of Register of Deeds in accordance with R.A person who has an equitable right or interest in the property. 2. voidable or unenforceable.It is an action that is brought to remove clouds on the tile to real property or any interest of fraud. but in consequence of some unexpected or unavoidable hindrance or accident. or willful disregard of the process of the a. iv.refers to any fraudulent act of the successful party in a litigation registration through fraud. a waste of time.What is the remedy in case a certificate of title is lost or destroyed? court. a. such as the 10)Remedy in Case of Loss or Destruction of Certificate of Title: use of forged instruments or perjured testimony. surprise.It means a failure to take the proper steps at the proper time. i. encumbrance. the hands of an innocent purchaser for value. and may be prejudicial to said title. 1. inattention. by reason of any instrument.If. claim.It depends. is not mere conclusion but is indeed borne out by the therein. record. g.Reason: Equally evident as it would be useless. omission.Accident or surprise. or meritorious defense. however. not in 11)Reconstitution of Certificate of Title consequence of the party’s own carelessness.What is the remedy in case a person lost his certificate of title? ii. set aside the judgment and reopen the case to allow the movant to adduce evidence when he has no valid causes of action or ii. agents.refers to acts of a party in a litigation during the trial.State may criminally prosecute for perjury the party who obtains 1.Fraud to be ground for nullity of a judgment must be extrinsic to the litigation. whereby said defeated party is prevented from ii.A.The State.Criminal action. i. a.Registered owner. which ordinary prudence could not have guarded against and by reason of which the party applying has probably been impaired in his rights.Extrinsic fraud. or reliance on the care and vigilance of his counsel or on promises made by the adverse party. apparently valid or effective but is in truth and in fact invalid.Mistake -.It is some unintentional act.What is action for quieting of title? 66 .Excusable neglect. etc. or his of applicants in cadastral proceedings. an affidavit setting forth the particular facts claimed to constitute the movant’s meritorious cause of action or defense. iii.If what is lost is the OCT or TCT – Reconstitution of certificate of title.And the other. which did not affect the presentation of the case. it is the duplicate of the OCT or TCT –Replacement of lost duplicate ignorance.Reason:It is to enable the court to determine if the movant’s claim i. ineffective. imposition or misplaced confidence. to i. 2.What is reconstitution of certificate of title? a. or proceeding which is relevant facts. attorneys or witnesses. 26 9)Quieting of Title b.

or any person having an interest in the property may file when the loss or destruction occurred.No. is reconstitution the proper remedy? ii.Each co-owner 2. like the original certificate of title. When the duplicate title of the landowner is lost. A reconstituted title. a. d.Administrative may be availed of only in case of: i. after proper proceedings.Substantial loss or destruction of the original land titles due to fire. RD is not the proper party to file the petition.May a writ of possession be issued in a petition for reconstitution? 3.Notice thereof shall be: i.partakes the nature of a land registration proceeding in rem.The restoration of the instrument which is supposed to have been lost or destroyed Note: The above requirements are mandatory and jurisdictional in its original form and condition. where the land is situated. 4. reconstitution does not adjudicate ownership over the property.Published twice in successive issues of the Official Gazette.In no case shall the number of certificates of title lost or damaged be less than P500 i.Does reconstitution determine ownership of land covered by a lost or destroyed certificate of title? ii.No.What are the kinds of reconstitution of title? c.Who are the persons entitled to a Duplicate Certificate of Title? i.Posted on the main entrance of the provincial building and of the municipal building of the municipality or city. flood. but one filed with the court for issuance of new title in lieu of the lost copy. the proper petition is not iii. g. i.To have the same reproduced.A reconstituted title. reconstitution of title. and 3. in the same form they were registered owners. of the total number in the possession of the Office of the Register of Deeds e.What are the elements of reconstitution of certificates of title? 12)Replacement of Lost Duplicate Certificate of Title i. 6732) f. does not determine or resolve the ownership of the 1. c.Certificate has been lost or destroyed. Registration Authority It does not determine or resolve the ownership of the land covered by the lost or destroyed title. under the custody of Register of Deeds. and i.Judicial . A writ of possession is issued to place the applicant-owner in possession.Sent by registered mail to every person named in said notice.Registered owner 1. The reconstitution of a title is simply or other force majeure as determined by the Administrator of the Land the re-issuance of a lost duplicate certificate of title in its original form and condition. h. assigns. a petition for that purpose with RTC where property is located.Petitioner must have the duplicate copy of the certificate of title (RA No.If what is lost or destroyed is the duplicate title.What is the purpose of reconstitution of title? i.The number of certificates of title lost or damaged should be at least 10% not vest ownership of the land or estate covered thereby. because.What are the jurisdictional requirements in petitions for reconstitution of title? b.Certificate was in force at the time it was lost or destroyed.What are the requirements for the replacement of lost duplicate certificate of title? 67 .Petitioner is the registered owner or has an interest therein. by itself does 2. land covered by the lost or destroyed title. ii. by itself. The i.

Where a voluntary instrument cannot be registered by reason of the refusal or failure of iii. or for lack of jurisdiction and the newly issued duplicate is null and void. or registered as married.What are the grounds for cancellation of title? Deeds who should request for representation by the Solicitor General.When new interests have arisen or been created which do not appear upon the certificate.Note: The difference between reversion suit and action for declaration of nullity of title is b. On the other hand. iv. contingent or inchoate have terminated and cease. v. 13)Amendment or Correction of Title 15)Surrender of Withheld Duplicate Certificate of Title a. iii.When the name of any person on the certificate has been changed. ii.A proceeding where the certificate of title was not in fact lost or destroyed is null and void ii. action for declaration of nullity of title requires allegation of the plaintiff’s ownership of the contested lot prior to the issuance of free patent and ii.When does reversion apply? iv. whether vested. disputed land.When registered interests of any description. certificate of title.It is an action instituted by the government. i.It must be filed in the original case.All parties must be notified.There is unanimity among them.When the registered owner has been married. the allegations in the complaint would admit State ownership of the i. or memorandum thereon or on any duplicate certificate.Title is replaced by one issued under a cadastral proceeding. iii. omission or mistake was made in entering a certificate or any the holder to surrender the owner’s duplicate certificate of title. i. 14)Cancellation of Title iii.Original decree must not be opened.What are the requisites for the amendment or correction of title? that in the former.What is meant by reversion? vi. ii. 68 .Due notice under oath shall be sent by the owner or by someone is his behalf to the Register v. for cancellation of certificate of title and the consequential reversion of the land covered thereby to the State.Where the owner’s duplicate certificate is not presented for amendment or alteration iv. a.What are the grounds for surrender of withheld duplicate certificate of title? i.Notice to Solicitor General by petitioner is not imposed by law but it is the Register of a.On grounds enumerated b.Petition for replacement should be filed with the RTC of the province or city where the land lies.When there is a reasonable ground for the amendment or alteration of title.When it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent. i.When any error. pursuant to a court order.When condition for its issuance has been violated by the registered owner. vii. or i. iii. through the Solicitor General. ii.When title is void. and of Deeds of the province or city where the land lies as soon as the loss or theft is discovered.When a corporation. the marriage has 16)Reversion terminated and no right or interest of heirs or creditors will thereby be affected. has not conveyed the same within 3 years after its dissolution.By the registered owner or a person in interest.What are the grounds for amendment or correction of certificate of title? a. vi. which owned registered land and has been dissolved. ii.

When the land is acquired in violation of the Constitution (e. The Court. Lands or by a licensed Geodetic Engineer duly authorized to conduct the survey under this Section. and shall mark the boundaries of the lands by monuments judgment of confirmation and registration. the Sangguniang Bayan concerned. with or without (c)The Geodetic Engineers or other employees of the Bureau of Lands in charge of the survey shall opposition.Generally. i. the adjudication of land in a cadastral or land registration proceeding (d)It shall be the duty of every person claiming an interest in the lands to be surveyed. period of one (1) year has not elapsed from date of entry of such decree. It shall be lawful for such Geodetic Engineers and other employees to enter upon the lands whenever necessary for the purposes of such survey or the placing of iii. NOTICES ii. giving as fully and accurately as possible the description of the lands to be surveyed. CA. 121 and 122. res judicata against the begin. c.Failure of the grantee to comply with the conditions imposed by law to entitle him to a (a) When in the opinion of the President of the Philippines public interest so requires that title to any patent grant unregistered lands be settled and adjudicated. the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and (e)Any person who shall willfully obstruct the making of any survey undertaken by the Bureau of sound discretion of the court rendering it. 168 SCRA 503 (1988) monuments. in the sense of incontrovertibility until after the expiration of one (1) year thereof. indefeasible and incontrovertible as a Torrens title. to communicate with the Geodetic Engineer upon his request therefor all information after the entry of the final decree of registration. It becomes final when no appeal within the reglementary period is taken from a or barrio in which the lands are situated. and a copy of the notice in English or the national language shall be posted in Section 30 of Presidential Decree No. reversion applies in all cases where lands of public domain and the It is a settled rule that a homestead patent. when final.g. Unlike ordinary civil actions. or shall 69 . v. or shall maliciously interfere with the placing of any monument or remove such monument. iii. and may no longer be the subject of an investigation for determination or judgment in cadastral proceeding. of the day on which such survey will begin. he may to this end direct and order the Director of Lands to cause to be made a cadastral survey of the lands involved and the plans and technical iv. alienation or sale of homestead executed within the 5 year prohibitory period) A. in several decisions. the judgment of the court confirming the title of the applicant or oppositor. as the case give notice reasonably in advance of the date on which the survey of any portion of such lands is to may be. Public Land Act (e. 120. Section 35. once registered under the Land Registration Act. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION. Such notice shall be punished once ii.When land patented and titled is not capable of registration i. In a registration proceeding instituted for the registration of a private land.CADASTRAL REGISTRATION PROCEEDINGS i. becomes improvements thereon and all lands are held in violation of the Constitution. Gomez v.What are the grounds for reversion of lands covered by a patent? E. 518 scra 334 (2007) in the Official Gazette. has held that as long possessed by such person concerning the boundary lines of any lands to which he claims title or in as a final decree has not been entered by the Land Registration Commission (now NLTDRA) and the which he claims any interest.g. A copy of the notice shall also be sent to the mayor of such The judgment rendered in a land registration proceeding becomes final upon the expiration of thirty municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and days to be counted from the date of receipt of notice of the judgment. 1529 or the Property Registration Decree provides: a conspicuous place on the bulletin board of the municipal building of the municipality in which the lands or any portion thereof is situated. Cadastral Survey Preparatory to filing of petition. which notice shall be posted in the bulletin board of the municipal building of the municipality whole world. Heirs of Diego Lirio.When the area is an expanded area description thereof prepared in due form. set up in proper places thereon. land acquired by an alien (b) Thereupon.Violation of Sections 118. and ordering its registration in his name constitutes. SURVEY.Ting v. the Director of Lands shall give notice to persons claiming any interest in the lands may be reverted to the State) as well as to the general public. or in any parcel does not become final.

Tan Sing Pan v. shall be punished by a before the date of initial hearing or within such further time as may be allowed by the court. and shall also contain: ii. The fine of not more than one thousand pesos or by imprisonment for not more than one year. the answer shall fully set forth the known as "lots" and shall on the plan filed in the case be given separate numbers by the Director of interest claimed by him and the time and manner of his acquisition. and (e)If the claimant is in possession of the lots claimed and can show no express grant of the land by may contain such other data as may serve to furnish full notice to the occupants of the lands and to the government to him or to his predecessors-in-interest. Section 36. has held such possession and the manner in which it has been acquired.• the lands or to parts thereof and such decrees shall be the basis for issuance of original certificates of C. the Director of Lands. Lands. if any. Decree. are proceedings in rem. as far as practicable. The lots situated within each (g)If the lots have been assessed for taxation. Answer to petition in cadastral proceedings. The petition shall contain a description of the lands and shall be accompanied by a plan thereof. The letter with which a subdivision is designated shall be known as its as in ordinary land registration proceedings and shall be governed by the same rules. and are governed by the usual rules of practice. Hearing. or townsites. as far as known. affecting the lots and the names of adverse claimants. shall appear before the court by himself or by some other authorized person in his behalf. (a)The age of the claimant. Future subdivisions of any lot shall be designated The trial of the case may occur at any convenient place within the province in which the lands are by a letter or letters of the alphabet added to the cadastral number of the lot to which the respective situated and shall be conducted. Petition for registration. as far as known. Where the land consists of two or more parcels held or occupied by different persons. iii. shall institute original registration proceedings by filing the necessary petition in the Court Director of Lands. stating in substance that public interest requires that the (c)The name of the barrio and municipality in which the lots are situated. 496 SCRA 189 (2006) Any claimant in cadastral proceedings. Republic. their last assessed value. be numbered consecutively beginning with number "one". the plan shall indicate the boundaries or limits of the various parcels as accurately as possible. When the lands have been surveyed or plotted. DECREE The cadastral number of a lot shall not be changed after final decision has been entered decreasing iv. procedure and evidence. LOT NUMBERS and the date of marriage. as appearing on the plan filed in the case by the General. of First Instance of the place where the land is situated against the holders. in the same manner subdivisions pertain. A cadastral decree and a certificate 70 . however. and only one series of numbers shall be used for that purpose in each municipality. or both. represented by the Solicitor (b)The cadastral number of the lot or lots claimed. and shall also state the length of time. All conflicting "cadastral letter": Provided. held possession. answer shall be signed and sworn to by the claimant or by some other authorized person in his behalf. if any. which numbers shall be known as "cadastral lot numbers". residence and postal address. that the subdivisions of cities or townsites may be designated interests shall be adjudicated by the court and decrees awarded in favor of the persons entitled to by blocks and lot numbers. However in cities (h) The encumbrances. Section 38. D. or the block and lot numbers. Judgment. the name of the spouse B. the answer shall state the length of time he all persons who may claim any right or interest therein. HEARING. or occupants of such lands or any part thereof. his nationality.PETITION. except by order of court. and shall state whether the claimant is married or unmarried. v.ANSWER title in favor of said persons and shall have the same effect as certificates of title granted on application for registration of land under ordinary land registration proceedings. and if married. and orders for default and confessions entered. like ordinary registration proceedings. and municipality shall.destroy or remove any notice of survey posted on the land pursuant to law. The parcels shall be (f)If the claimant is not in possession or occupation of the land. the registration thereof. a designation of the landholdings by blocks and lot numbers may be employed instead of the designation by cadastral lot numbers. possessors. claimants. title to such lands be settled and adjudicated and praying that such titles be so settled and adjudicated: (d)The names and addresses of the owners of the adjoining lots so far as known to the claimant.Section 37. as the case may be. and shall file an answer on or Cadastral proceedings. JUDGMENT. whether named in the notice or not. during which the predecessors.

including the 3)Procedure leading to the adjudication of property through cadastral proceedings respondents herein.of title are issued only after the applicants prove all the requisite jurisdictional facts: that they are NOTES SECTIONS 35 38 of PRD: entitled to the claimed lot. initiated by the filing of a petition for registration by the adjudication of the subject lot.It is a proceeding in rem. somewhat akin to a judicial inquiry and investigation leading to a judicial decree. as stated in Section 35(a). it appears that the said respondent heirs of a.It is in the nature of a proceeding in rem.The piecemeal and isolated registration of lands. Regrettably.• having been rendered without jurisdiction. on the pain of losing their claim thereto.Notice of survey and publication party in the registration proceedings by their voluntary appearance. Rodil v. The findings of the respondent Judge that a writ of possession cannot c. issuance of a writ of possession.Filing of petition for registration The respondent heirs of Alejandro Abes.In the case of Manlapas and Tolentino vs. c.The object of a cadastral petition is to have the title to the various lots embraced in the be issued in the cadastral case because the respondents were not parties in said registration survey be settled and adjudicated. A cadastral proceeding is a proceeding in rem and against everybody. in effect compelled to go to court to make known their claim or interest therein. promoted by the Director of Lands. the decision rendered by the 7th MCTC a. is vi. Lorente. being in possession of the lots in questionunlawfully and d. 1)What is cadastral registration? It is incumbent upon the petitioners to establish by positive proof that the publication requirement has been complied with. and to substantiate such claim or interest. and that evidence is considered. the expiration of the period to appeal from the decision or adjudication by the cadastral 71 . so inadequate in more ways than one. when title deemed vested registration. (1980) avoided. Quezon. b. The respondent heirs of Alejandro Abes cannot be said to be strangers to the registration proceedings. The principal aim is to settle as much as possible all disputes over land and to The Court is convinced that the respondent Judge committed an error in denying the petition for the remove all clouds over land titles. without 2)Nature and purpose of cadastral proceedings which the trial court did not acquire jurisdiction over the case. All told. as far as practicable. thereby becoming a direct b.Cadastral survey preparatory to filing of petition Alejandro Abes filed a petition for the review of the decree of registration.Judgment. what with the fact that they are the ones who stood to be benefited by the a. proceedings.Filing of answer successful claimant. d. Besides. which has not yet been abandoned. may be judicially evicted by means of a writ of possession and it is the duty of the registration court to issue said writ when asked for by the e. who are deemed included in the general order of default entered in the case. the Court stated that the right of the applicant or a subsequent purchaser to ask for the issuance of a i.Publication adversely. there being no indication at all from the records of the case that notice of the Order for Initial Hearing was published in the Official Gazette and in a newspaper of general circulation.In the absence of fraud. are. the said petition having been filed more than five years after the issuance of the final decree of g. in a community. during the registration proceedings. title to land in a cadastral proceeding is vested on the owner upon writ of possession of the land never prescribes. they failed to present proof of publication of the Notice of government. confirming petitioners' title over the subject lot is void ab initio for titles to any unregistered lands be settled and adjudicated. not by the persons claiming ownership of the land subject thereof. is to serve the public interest by requiring that the of Atimonan-Plaridel. and the latter Initial Hearing. or that they were not occupants of the land during the registration proceedings prior to the issuance of the final decree of registration is not supported by the evidence and law. Benedicto.Hearing of the petition The respondents claim that the petition for the issuance of a writ of possession was filed out of time. that all parties are heard.The purpose. 95 SCRA 137. f.

Second action is the declaration by the court that the decree is final and its order for the Torrens title must include the whole land specified in the latter. This office has been therein registered may be changed or the area thereof altered by a subsequent adjudication instituted in order to have a more efficient execution of the laws relative to the registration by the court. land not previously included therein is a nullity unless new publication is made. This is so because when once decreed by a court of competent jurisdiction. land thus determined is already res judicata.Lands already decreed and registered in an ordinary registration proceeding cannot again and cadastral cases. a. from that time. the land. 6)Lands already titled cannot be the subject of cadastral proceedings b.Publication is one of the essential bases of the jurisdiction of the court in land registration a.An order of a court in a cadastral case amending the official plan so as to make it include not contemplated since ownership thereof had already been finally determined and adjudicated. and binding on the whole world. had become. without such appeal being perfected. subsequent disposition of the land where court proceedings would no longer be necessary.As provided for in Section 35. of lands• and to issue decrees of registration pursuant to final judgments of the courts in land registration proceedings. without new publication. This interpretation appears to be reasonable considering that 10)Amendment of the plan to include additional territory the object of cadastral proceedings is to settle and adjudicate• to lands. 8)New titles may be issued for private lands within the cadastral survey 4)Actions taken in a cadastral proceeding a. and speaks in a judicial manner.The certificate of title would then be necessary for purposes of effecting registration of of his title. Private lands are obviously a. for all 7)Jurisdiction of the cadastral court over previously titled lands limited to the correction of technical intents and purposes. b. registered property which could not be errors in the description of the land acquired by adverse possession. This constitutes the decision survey plan the judgment the decree of the court. upon the promulgation of the order issuance of a decree. b. court.In a cadastral case.Suppressing the presentation of evidence in support of claims would perpetuate conflicts over lands. being in rem. c.The new title issued under the cadastral system to a person who already holds a valid b. title of ownership on the land is vested upon the owner upon the void.A decree entered by the court cannot be considered as permanent if the limits of the land c.First . 72 . The certificate of tile would then be more certificates of title for the same land. the proceeding without such an appeal having been perfected. issuance of the certificate of title by the Administrator of the Land Registration Authority. the law would limit the cadastral survey to any unregistered lands• such that private lands are excluded. a.adjudicates ownership in favor of one of the claimants.Third and last action devolves upon the Land Registration Authority. and additional territory cannot be included by amendment of the plan be subject of adjudication or settlement in a subsequent cadastral proceeding.No modification or alteration can be permitted to be made in the Torrens title for the sole purpose of making the area of the and described therein agree with that given in the cadastral a. and from that time the land becomes registered b.In other words.The cadastral court has jurisdiction to determine the priority or relative weight of two or property which cannot be lost by adverse possession. the title to expiration of the period to appeal from the decision or adjudication by the cadastral court.• 9)Cadastral answer may not be thrown out upon a mere motion of adverse claimants 5)Only unregistered lands• may be the subject of a cadastral survey a.A registration court has no jurisdiction to decree again the registration of land already 11)When title to land in a cadastral case is vested decreed in an earlier land registration case and a second decree for the same land is null and a.Provided that such corrections do not impair the substantial rights of the registered owner c. necessary for purposes of effecting registration of subsequent disposition of the land where court proceedings would no longer be necessary. b.

15)Neither prescription nor laches may render inefficacious a judgment in acadastral case a.It has been held that where respondent heirs were in possession of the lots in question.The mere fact that there has been a delay in the issuance of the corresponding certificate of title pursuant to a decree of registration in a cadastral case will not render inefficacious the decision rendered by the court on account of prescription or laches. the issuance of which never prescribes. Respondent heirs cannot be said to be strangers since a cadastral proceeding is a proceeding in rem and against everybody. it has been held that the failure on the part of the administrative authorities to do their part in the issuance of the decree of registration cannot oust the prevailing party from ownership of the land. after the lapse of the period allowed for an appeal. The rule is that the failure on the part of the administrative authorities to do their part in the issuance of the decree of registration cannot oust the prevailing party from ownership of the land.A reconstituted title is ordered issued in an ordinary civil case. registration of title under the cadastral system is final. unlawfully and adversely.• 16)Issuance of writ of possession imprescriptible a. during the cadastral proceedings. they may be judicially evicted by means of a writ of possession. 14)Cadastral court has no jurisdiction over a petition for reconstitution a. conclusive and indisputable.In line with the doctrine of the inapplicability of prescription and laches in registration cases. d.As a general rule. 12)Decision declaring land as public land not a bar to a subsequent action for confirmation of title over the same land 13)Neither prescription nor laches may render inefficacious a decision in a land registration case a. not in a cadastral proceeding for judicial confirmation of imperfect title over unregistered property. 73 .