Land Titles and Deeds

Erroneous entry in the certificate of title

Will it bind the parties?
Answer: Yes. But it does not mean that the error cannot be rectified.

Laws implementing land registration

(1) Land Registration Act - superseded by PD 1529
(2) Cadastral Act (Act 2259)
(3) Public Land Act (CA 101, as amended)
(4) CARL (RA 6657)

Administrative Land Registration

Modes of Land Registration

(1) Judicial (PD 1529)
Types:
A. Ordinary - filed by claimant
B. Cadastral - filed by State

Steps: (Note: No summons because action is in rem.)

(1) Filing of application

Who May File? (Sec. 14, PD 1529)

A. Those who by themselves or through their predecessors-in-

interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim
of ownership since June 12, 1945, or earlier.

B. Those who have acquired ownership of private lands by

prescription under the provision of existing laws.

C. Those who have acquired ownership of private lands or

abandoned river beds by right of accession or accretion under
the existing laws.

D. Those who have acquired ownership of land in any other

manner provided for by law.

E. Where the land is owned in common, all the co-owners shall

file the application jointly.

F. Where the land has been sold under pacto de retro, the
vendor a retro may file an application for the original
registration of the land, provided, however, that should the
Land Titles and Deeds

period for redemption expire during the pendency of the

registration proceedings and ownership to the property
consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the
proceedings.

G. A trustee on behalf of his principal may apply for original

registration of any land held in trust by him, unless prohibited
by the instrument creating the trust.

Where to File?

RTC or when authorized by SC as stated in BP 129, MTC or MCTC

Contents

(Sec 15, PD 1529)

- name of the owner

- technical description

Annexes:
- approved survey plan
- certificate from geodetic engineer
- certificate of last assessment (for tax purposes)

(2) Publication or Notice of initial hearing (Sec. 23)

- within five days from filing of the application, issue an order
setting the date and hour of the initial hearing which shall not
be earlier than forty-five days nor later than ninety days from the date
of the order

The public shall be given notice of the initial hearing of the

application for land registration by means of:

(1) Publication (Official Gazette or newspaper of general circulation

once);
(2) Mailing (mailed to Sec of Public Highways, Provincial Governor,
Mayor, Sec of Agrarian Reform, Solicitor General, Director of Lands,
Director of Public Works, Director of Forest Development, Director of
Fisheries and Aquatic Resources) ; and
(3) Posting.

(3) Opposition
If government poses no opposition, can it be estopped?
Land Titles and Deeds

Answer: No. Absence of opposition from the government agencies is

of no moment because the State cannot be estopped by the omission,
mistake or error of its officials or agents. (Republic v. Alexandra Lao)
(4) Hearing and Presentation of Evidence
- Case will be read 3 times. If no opposition, declared in default,
except if the other party is the government.

You need to prove:

A. You are the owner of the land
B. Continuous possession of land
C. Land is alienable

Cases:

Meneses v. El Commonwealth de Filipinas

Lee Seng Gyap v. Director of Lands

Note: Spanish titles are no longer admissible in court as evidence of

ownership.

(5) Submitted for Resolution

(6) Judgment
(7) If approved, issuance of Decree

(2) Administrative
Homestead Patents

CORRECTION OF ENTRIES
Where to File: RTC
Except cancellation of lien/annotations

CADASTRAL PROCEEDINGS
Complainant: Government

Problem: A owns a land. Contracts loan of 1M from B. Mortgaged land

to secure loan. Mortgage not annotated in the title. A sells land to C. A
unable to pay loan. B proceeds to execute mortgage. What is Cs
remedy?
Answer: If C is buyer in good faith, he can allege that he is not bound
by the contract of mortgage. If in bad faith, he is bound regardless of
the fact that mortgage is not annotated in the title.

Valisno v. Plana